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CC 04-13-2023 Item No. 6 FY 2023-24 10-Year Budget Forecast Informational Update presentation_Written CommunicationsCC 04-13-2023 Item No. 6 Consider the FY 2023-24 10-Year Budget Forecast Informational Update presentation Written Communications From:Peggy Griffin To:City Council; Kristina Alfaro; Thomas Leung Cc:City Clerk Subject:23-04-13 City Council Mtg-ITEM 6 10-Yr Budget Forecast QUESTIONS Date:Monday, April 10, 2023 4:33:22 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please include this email in Written Communications for the above City Council Meeting agenda item. Dear City Council and Staff, I have the following questions regarding the document “A – Presentation.pdf” PDF PAGE 7 of 29, 3rd bullet regarding CDTFA Audit Q1: What does “includes a proportional reduction to County pools” mean exactly? Does it mean a 73% reduction there, too? Q2: What has been the typical range of the county pool in percentage and in dollars? PDF PAGE 7 of 29, 4th bullet regarding CDTFA Audit Q3: When will the city know for sure whether we will need to payback any revenues received? Q3a: Did they verbally indicate this in the March 2023 phone call? PDF PAGE 10, 3rd bullet regarding Forecast Assumptions Q4: What does this really mean? Does it mean you are assuming the fund is large enough to cover the year costs? If so, how has it worked during FY 2022-23 which is about over? PDF PAGE 19 of 29, Fund Balance Impacts – 10 Years Q5: Why not use a portion of the $24M in the Economic Uncertainty Reserve? Isn’t this a situation it was designed to help smooth out? If not, what is it’s intended use? Q6: Section 115 Pension Trust…Is the $11.8M decrease due to borrowing from this trust to use on non- pension expenditures? If so, will it be “paid back” or considered a permanent funds transfer? If not, is it to cover anticipated CalPERS investment return volitivity? PAGE 21 of 29, Budget Balancing Strategies, 3rd column “Potential Impact” Q7: Why are the Section 115 Pension Trust and OPEB Trust numbers almost a year old? Q7a: Why didn’t you use the latest Treasurer’s Monthly Investment Report totals? The Treasurer’s Monthly Investment Report for Feb 2023 (Att C) has the following balances: Section 115 Pension Trust = $18.0M Section 115 OPEB Trust = $32.8M Q8: What are the dates associated with the fund amount for the Capital Projects Reserve and the Economic Uncertainty Reserve? Q9: Has there been or will there be a Variance Analysis done to breakdown the revenue loss into components then for each component figure out if it’s a 1-time hit or recurring? Thank you. Sincerely, Peggy Griffin From:Rhoda Fry To:City Council; City Clerk Subject:Restoring tax revenues with an employee headcount tax Date:Tuesday, April 11, 2023 7:27:36 AM Attachments:Staff Report July 31 2018 Head Count Tax.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, The April 13 report explores various methods of raising City revenue through taxation, utility tax, parcel tax, temporary occupancy tax. It even considers one-time infusions by selling our water rights to a private company and selling our precious open-space, neither of which can be replaced. Instead, we should reconsider the large-employer head-count tax that was first proposed on July 31, 2018 (please see the attached staff report). By now it is obvious that Cupertino will be losing its lucrative sales-tax-sharing arrangement with Apple. The deal treats all online transactions of Apple products within California as though they happened in Cupertino. For every $100 spent, Cupertino receives $1 in taxes and gifts $0.35 of it to Apple. Consequently, Cupertino allows 35 cents from all sales-taxes on Apple goods purchased online in California to be siphoned away from public good and denies point-of-sale revenues to California’s other cities. This is not fair. As an example, when all California Apple stores were closed during COVID, our State’s residents were given no other choice than to shop online. Cities with Apple stores were denied that sales-tax revenue and that’s not fair either. At the same time, having Apple headquartered in Cupertino, along with other large companies, has created a loss of available retail space, increased traffic, and raised the cost of housing, to name a few. For example, on April 13, a new Apple office building is being proposed in an area that is designated for ground-floor retail, which eliminates the opportunity to generate sales-tax income. On top of that, Apple is getting a massive density-bonus for the addition of a small ground-level store. Will the increase in size of this building cause an increase in employees and housing demand? A large-employer head-count tax would mitigate these impacts. On July 31, 2018, the City Council had explored this idea, which does not appear to be on the table right now. Now is the time to reconsider the large-employer head-count tax. Regards, Rhoda Fry OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org TELEPHONE: (408) 777-7603 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 31, 2018 Subject Proposed measure to restructure Cupertino’s basic business license tax from a tax based on square footage to a tax based on employee count. Recommendation Take action to approve submission to the voters of a measure to amend the Ci ty’s business license tax or defer the measure and provide further direction to staff. Council can take the following actions: A. (1) Adopt draft Resolution No. 18-, “A Resolution of the City Council of the City of Cupertino ordering the submission to the qualified electors of the City a measure to amend the business license tax at the Tuesday, November 6, 2018 general election called by Resolution No. 18-054, and providing for written arguments regarding the measure and directing the City Attorney to prepare an impartial analysis”; and (2) submit to voters at the November 6, 2018 General Municipal Election “An Ordinance of the people of the City of Cupertino amending Chapter 5.04 of the Cupertino Municipal Code regarding business license taxes, fees, and charges;” or B. Defer placing the business license tax measure to the November 2020 election and direct staff to undertake further study and continue working with stakeholders on preparing a transportation spending plan and draft business license tax measure. Background The City’s business license tax was enacted in 1992 with minor amendments in 2001. Rates have been increased periodically based on inflation and are estimated to generate approximately $800,000 in fiscal year (FY) 2017-18. Council requested that staff work on a proposal to restructure the City’s business license tax from a square footage -based tax to an employee-based tax as part of the FY 2018-19 Work Program. As shown in the timeline below, staff has presented information on restructuring the City’s business license tax at three previous Council study sessions. Date Activity March 6, 2018 Council adopts work plan May 23-25, 2018 Public opinion poll June 5, 2018 Study session – Council directs staff to develop several models for restructuring the business tax and conducting business outreach June 18, 2018 Business outreach, including forum June 19, 2018 Study session – Council directs staff to prepare sample resolution and ordinance for November 2019 July 3, 2018 Study session - Council directs staff to prepare draft resolution and ordinance for November 2018 election and conduct additional outreach Discussion Per Council direction at the July 3, 2018 study session, staff has refined business tax models previously presented to Council to generate proposed revenue targets, prepared a draft resolution placing the business tax measure on the November 6, 2018 ballot, prepared a draft ordinance, drafted a sample resolution for spending priorities, engaged in community and business outreach, and conducted community polls to test the ballot language. Business Tax Models Based on Council direction, staff prepared two tax models estimated to generate $8 million and $10 million in revenue. As previously presented, the models protect small and medium size businesses from the impacts of a per employee tax rate with businesses paying a flat fee for the first 99 employees. The employee tax rate progressively increases as the number of employees increase. The effective tax rate summarizes the total estimated business tax by total estimated number of employees. Model 1: Per Employee Rates Up to $325 Employee Range # of Businesses % of Businesses in Tier Estimated # Employees Base Rate Employee Rate Total BL Tax Effective Tax Rate 1-9 3,128 89.4%3,400 150$ -$ 469,200$ 10-49 300 8.6%4,000 250$ -$ 75,000$ 50-99 40 1.1%2,400 500$ -$ 20,000$ 100-249 25 0.7%3,300 500$ 50$ 53,750$ 16$ 250-499 5 0.1%1,300 500$ 100$ 45,250$ 35$ 500-999 1 0.0%600 500$ 175$ 50,525$ 84$ 1,000-4,999 0.0%500$ 250$ -$ 5,000+1 0.0%24,000 500$ 325$ 7,295,250$ 304$ Total 3,500 100.0%39,000 8,008,975$ Draft Resolution Staff worked with outside counsel and the City Attorney’s Office to draft a resolution adding a measure to amend the business license tax on the November 6, 2018 election (Attachment A). The ballot question was drafted in consultation with the Council’s ad- hoc committee (Council Member Steven Scharf and Council Member Barry Chang), however, no consensus was reached. The committee recommended two ballot questions for Council consideration: A. Shall the measure to fund priorities such as infrastructure to reduce traffic congestion in Cupertino by imposing a yearly general business license tax of $150 to $500 per business, plus a progressively increasing per-employee rate of $50 (100+ employees) to $425 (5,000+ employees), replacing the existing square footage-based business license tax, raising about $10 million yearly for general fund purposes, effective until voters amend or appeal it, with annual audits, be adopted? B. Shall the measure to fund priorities such as infrastructure to reduce traffic congestion in Cupertino by imposing a yearly business license tax of $8 to $392 per employee, on average, with larger companies paying more per employee, replacing the existing square footage-based business license tax with no changes to provisions for particular businesses taxes, generating about $10 million yearly for general fund purposes, until ended by voters, with independent yearly audits, be adopted? Option A explains the proposed tax structure, whereas option B focuses on the effective per-employee rate of the overall tax. Both questions are legally acceptable. Outside legal Model 2: Per Employee Rates Up to $425 Employee Range # of Businesses % of Businesses in Tier Estimated # Employees Base Rate Employee Rate Total BL Tax Effective Tax Rate 1-9 3,128 89.4%3,400 150$ -$ 469,200$ 10-49 300 8.6%4,000 500$ -$ 150,000$ 50-99 40 1.1%2,400 500$ -$ 20,000$ 100-249 25 0.7%3,300 500$ 50$ 53,750$ 16$ 250-499 5 0.1%1,300 500$ 100$ 45,250$ 35$ 500-999 1 0.0%600 500$ 200$ 53,050$ 88$ 1,000-4,999 0.0%500$ 300$ -$ 5,000+1 0.0%24,000 500$ 425$ 9,407,775$ 392$ Total 3,500 100.0%39,000 10,199,025$ counsel recommended option B, which is most similar to Mountain View’s ballot question, however polling revealed that option A may be slightly more successful. For this reason, staff included the option A language in the draft resolution. Draft Ordinance The draft ordinance (Attachment B) is modeled after Mountain View’s proposed measure. However, staff retained some provisions from our current business license tax code. Below is a summary of the key provisions of the draft ordinance:  Replaces the “basic license” currently calculated based on square footage with one based on employee-count  Proposes the Model 2 structure that generates approximately $10 million per year with an effective per employee tax rate of $17 to $392 for businesses with 100 or more employees (basic license only).  Retains rates for specified business, including auctioneers, amusement centers, apartments, coin operated devices, concerts/circuses/performances, contractors, home occupations, hotels/motels/lodging houses, lumberyards/materials yard/junkyards/nurseries, mobile vendors, private schools, rest/care homes/childcare centers, seasonal lot sales, solicitors, taxicabs, and theatres/shows.  Maintains a reduced rate for small income business with gross receipts of $1,000- $5,000 of $75 (or half the flat rate fee for businesses with 1-10 employees). Businesses with less than $1,000 in gross receipts are exempt from the business license fee.  Requires out-of-town businesses pay the same incremental tax rate based on number of employees, but prorated based on the average number of days working in the City in a calendar year (similar to San Jose).  Authorizes Council to adjust the tax for CPI increases, subject to the annual fee resolution.  Makes tax effective in 2020 for the smaller businesses subject to the flat “registration fee” with larger companies phased in from 2020 to 2022. New provisions not currently included in the City’s business license tax ordinance were included based on best practices from Mountain View’s model ordinance:  Allows for the Council to establish business license application and renewal fees to recover the cost of processing business licenses as part of the annual adoption of the City fee schedule.  Includes a disturbance response charge for any disturbance which is directly or indirectly caused by a violation of business license provisions.  Allows City to deny or suspend a business license for criminal convictions related to the business, felony convictions, and convictions for acts involving dishonesty, fraud, or deceit. The draft ordinance currently does not include a sunset provision, which is similar to Mountain View’s measure. Spending Priorities Council requested information on a resolution that would signal to voters the Council’s commitment to use the revenue generated from the measure for transportation purposes. Staff has included a sample resolution (Attachment D) that could serve this purpose. Mountain View is using this approach for their ballot measure. However, it should be noted that such resolutions are not binding and spending priorities could be changed by subsequent Councils. Business Outreach Given the limited timeframe, staff targeted business outreach to the Cupertino Chamber of Commerce and the approximately 30 businesses that would likely be impacted by the restructuring. Email messages explaining the possibility of a business license tax restructuring and its implications to local businesses were sent to larger employers including Apple, Seagate, The Forum at San Antonio, Kaiser, Target, Whole Foods, and the California Restaurant Association (CRA). The email message requested an opportunity to meet one-on-one for a briefing on the issue. Phone messages were also left for store managers of Safeway and Ranch 99 who do not have a working email on file. Follow-up calls were made to and messages left for these larger employers who did not send representatives to the Business Forum event on Monday, June 18, 2018 with a request to meet in person or via conference call. A second Business License Tax Forum was held on Tuesday, July 24 from 9:30am-11:00am at Cupertino Community Hall. The Business License Tax Forum was promoted in the City’s Economic Development Business Buzz electronic newsletter issued on July 23, 2018. Invitation emails were sent to property managers of Nineteen800, The Marketplace, Main Street, Homestead Square, and the Cupertino Chamber of Commerce, and CRA inviting their tenants and members to attend and provide their input. Forum flyers were distributed at the Chamber’s July 13, 2018 Legislative Action Committee Meeting. At both Business Forums, attendees expressed that they believe it is a rushed process. They would like more time for the City to meaningfully engage with stakeholders (businesses and residents) in order to identify and discuss the best possible business tax structure to fund transportation projects. They voiced that there must be a clear link between the tax revenues raised and the intended projects. Additionally, the attendees felt regional transportation projects would be most effective in addressing the area’s transportation issues. Staff also engaged one-on-one with the City’s largest employer and business groups, and has a scheduled meeting with the City’s second largest employer. Based on one-on-one conversations with these business leaders, including the Chamber of Commerce, there is a recognition that traffic is a significant issue affecting both residents and businesses. However, there continues to be concern that this measure does not provide a spending plan that clearly articulates how this measure would provide a solution to traffic congestion. They recommend that Council consider partnering with the business community to study potential solutions to traffic congestion instead of pursuing the proposed business license tax measure. The Cupertino Chamber of Commerce has committed to partnering with the City to explore transportation solutions and has begun meeting with staff on a weekly basis. An Apple representative has also been in attendance and expressed support for such a collaborative approach, but the company has not yet committed to a partnership. Both the Chamber and Apple have expressed deep concern with the short timeline and limited dialogue regarding a restructured business license tax. They would like more time to explore transportation solutions and funding options with the City and are requesting that Council consider delaying the proposed measure to 2020 if alternative funding cannot be secured. Community Outreach To provide information on the proposed business license tax measure, staff created a webpage on the City’s website (www.cupertino.org/businesstax) with background information for residents and businesses interested in the issue. In addition, staff used Open City Hall to conduct a short survey on support for an employee-based business tax and funding preferences, which was promoted through Nextdoor and our BizBuzz Newsletter. The survey had over 85 responses. The vast majority of respondents reported that they live and/or work in Cupertino, however, only about half are registered users that have been verified by the platform. It’s important to note that Open Town Hall survey is a self-selected survey and not a scientific poll that is statistically valid. Among registered respondents, nearly 43% of respondents in the Open City Hall survey expressed support for a restructured business license tax with 49% opposed and 8% undecided. Including both registered and non-registered respondents, support for the measure was only 38% with 56% opposed. Support for enhancing pedestrian/cyclist safety, local community shuttle, and improving mass transit in the West Valley all received 35-37% support. Scientific Voter Polling Staff also conducted three scientific polls with a third-party polling firm, Voxolca. In May, nearly 71% of likely November voters said they would support an increase in the business license tax with large business paying more than small businesses. The poll also showed 63% support for an increase in the business license tax for general purposes. However, when polled on the specific ballot questions in July, support eroded. Voxloca conducted two polls of 300 likely November voters testing the two ballot question options the week of July 16-23, 2018 (Attachment E). In addition to a ballot question, the polls presented two arguments for and two arguments against the measure to determine the impact of messaging on support for the measure. Respondents were also asked what the most important factor was in considering the proposed business license tax measure. Overall, the polling results show less support for this specific proposal compared to initial polling results. Both polls show initial support of 49% with 7-8% undecided. After presenting arguments for and against the measure, support increased to 51% in one poll and 55% in the other. Respondents indicated that the most important factor in considering the ballot measure was a well-designed spending plan and long-term stability and growth. While a solid majority of respondents believe that it is fair for businesses to pay more to fund transportation improvements in Cupertino, a super majority agree with the “blank check” argument that this is a general tax measure with no transit solution. Given these polling results, staff is not confident that the proposed measure would be successful if placed on the November 2018 ballot. Implementation Considerations Implementing a revised ordinance will require some internal analysis of business license processing related to the City’s current business license application as well as the policies and procedures regarding the administration and collection of business license taxes and processing fees, respectively. Additional resources will be vital in order to remain operationally efficient and compliant as we transition to a new collection structure . If the measure is implemented, the new collection structure will require additional staffing and/or outside consultant support to ensure compliance with the new fees. Most significantly, the number of employees (full- time and part-time) will need to be obtained and recorded, information which has never been requested of applicants. Upon receiving head-count information from applicants, staff will need to verify this information via form DE -9C, submitted to the Employment Development Department. Ongoing staffing and/or consultant help may be required to monitor and ensure that all business are in compliance with the City’s new business license fees. Additionally, there will be a financial and staffing cost to reconfigure, adjust, and test the City’s enterprise system from a fee based on square footage to a fee based on employee count, which is anticipated to take at least six months’ time. Staff will also need 6-12 months to notify businesses of the change. Staff Recommendation Options for Council to consider, include: 1. Approving the draft resolution and draft ordinance to place the measure on the ballot for November 2018, authorize the subcommittee to prepare arguments and rebuttals for the proposal, and consider adopting a resolution on spending priorities at a future meeting. 2. Defer placing the measure on the ballot until 2020 and direct staff to continue working with business partners, including the Chamber of Commerce, on transportation solutions with the goal of developing a spending and funding plan by December 2019. This timeline would allow for more robust community and business engagement for a potential revenue measure in November 2020, if alternative funding is not identified. Given that polling data does not show a clear majority of residents would support the proposal currently being considered by Council and the busines s community has been unsupportive for moving forward in November 2018, staff recommends that Council consider deferring the ballot measure to 2020. This would give staff time to meaningfully engage with all stakeholders to develop an infrastructure spending plan and work with the Chamber of Commerce and large businesses to consider a partnership for alternative funding, while working on the restructuring of the business license tax. A November 2020 target, would also provide staff with ample time to prepare an internal transition plan and external communication plan. This may shorten the lead time needed to implement the tax and still allow full implementation by 2022, instead of the proposed phase in starting in 2020 with full implementation in 2022. Sustainability Impact To the extent that revenue measures support transportation infrastructure that reduces single vehicle miles traveled in Cupertino, there would be a reduction in greenhouse gases. Fiscal Impact If approved by voters, the proposed business license tax measure could increase revenues by millions of dollars and provide a consistent source of revenue for infrastructure projects. However, it is also anticipated that additional staffing, consultant, and system reconfiguration costs will be incurred to implement and monitor the new fee structure. The two business license models proposed will be more than adequate to support the additional resources required. Prepared by: Jaqui Guzmán, Deputy City Manager Reviewed by: Aarti Shrivastava, Assistant City Manager Approved for Submission by: Amy Chan, Interim City Manager Attachments: A – Draft resolution B – Draft ordinance C – Redlined draft ordinance D – Sample resolution on spending priorities E – Scientific voter polls From:Rhoda Fry To:City Clerk Cc:Kristina Alfaro; Thomas Leung Subject:Public Comment 4/13 Agenda Item #6 budget shortfall Date:Tuesday, April 11, 2023 8:14:48 AM Attachments:Budget Shortfall 4-13-23 City Council item 6.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please include the text of the attachment for Public Comment 4/13 Agenda Item #6 budget shortfall Thanks, Rhoda Fry 1 of 5 PLEASE INCLUDE THE TEXT OF THIS ATTACHMENT IN WRITTEN COMMUNICATIONS RE: 4/13/2023 Agenda #6 CDTFA Audit - Questions, Comments, & Revenue Generation and Savings Ideas From: Rhoda Fry (40-year resident, recipient of 2022 CREST award for public safety) Dear City Council, City Clerk, Finance Team, 1. When in March did the City get the call from CDTFA? City Council has been asked to make various financial commitments, even though the staff knew that the CDTFA audit was coming in December 2021 (and finally revealed it in May 2023). We only learned how bad it was on April 4 during oral communications when the Shakespeare in the Park organization announced the risk of cancellation by the Parks Dept. on March 30. 2. What is the status of the Apple (and Insight) tax-sharing agreement? Excerpt of Apple Agreement (emphasis added) If, for any fiscal year during the term covered by this Agreement, new local tax revenue exceeds Two Hundred Fifty Thousand Dollars ($250,000), then Consultant shall receive the sum of Sixty Two Thousand Five Hundred Dollars ($62,500) plus an amount equal to thirty-five percent (35%) of all such new local tax revenue in excess of Two Hundred Fifty Thousand Dollars ($250,000).” The Tax Consulting Agreement shall also include provisions that require payments, refunds and deposits into escrow so that the compensation paid by the City thereunder shall accurately reflect the tax revenues allocated to and retained by the City. Apple represents that it has not entered into a tax consulting agreement, similar to the existing Tax Consulting Agreement, with any other city and/or county in California, and Apple agrees not to do so during the term of this Agreement. The amendment to the Tax Consulting Agreement shall be effective no later than thirty-one (31) days after the expiration of all applicable challenge periods to the Project Approvals, without the filing of litigation. Apple will assist City at Apple’s sole expense in defending against any administrative proceedings instituted by the State Board of Equalization relating to whether the City is the proper point -of-sale location. cupertino.granicus.com/MetaViewer.php?view_id=18&clip_id=1551&meta_id=85282 3. How did staff arrive at the 73% reduction in sales/use tax calculation? Also, this is 73% reduction of what number? One would expect an asynchronous relationship between sales outside of Cupertino for Apple/Insight products and general sales within Cupertino. Notice how sales/use tax i ncome has varied greatly and increased substantially in 2020. The graphs below were created from data extracted from cdtfa.gov. 4. When will we know whether the City will have to pay back revenues already received? Can staff please create a chart that illustrates the worst case scenario of pay backs? 5. If there are pay backs, will Apple and Insight refund their 35% share that the City paid them? You can learn more about tax-sharing agreements by reading these articles: bloomberg.com/news/features/2023-02-23/e-commerce-sales-tax-deals-flow-to-only-some-california-cities news.bloombergtax.com/daily-tax-report-state/apple-taps-covid-shopping-boom-for-record-tax-haul-in-hometown news.bloombergtax.com/daily-tax-report-state/apples-hometown-pays-70-million-and-counting-to-keep-hq news.bloomberglaw.com/daily-tax-report-state/apples-22-year-tax-break-part-of-billions-in-california-bounty 6. What has the City done to dispute the CDTFA audit? 0 10000 20000 30000 40000 50000 60000 70000 80000 90000 Cupertino Sales Tax Per Capita Income in $ 0 5 10 15 20 25 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 Deposits by Fiscal Quarter in $M q3 q4 q1 q2 2 of 5 7. What is the reason for the significant decline in sales/use tax revenue in calendar quarters Q4 2022 and Q1 2023 and what are those projections? We will not know what the true-up (reconciliation of estimates vs actual) for Q1 until May 24, 2023. 8. Please explain more about the County tax pool and how it worked in the past and how it will work in the future? How is it connected with the audit? The tax share had been 7.6% (5/21/2019 council packet page 278). 9. Regarding staffing payroll, how competitive are Cupertino salaries as compared with neighboring cities? If we cut pay, are we at risk of losing our most experienced employees? How do the wage-reduction strategies compare with what was proposed in August 2022? (See the 23rd page, Expenditure Reduction Strategies) The 8/16/2022 City Council Agenda Packet (page 1175) predicted a potential salary impact due to the CDTFA audit; it is unclear as to how this statement maps onto the slide presentation: Effective the first full pay period after July 1, 2022, a 5.0% salary increase will be added to the salary range of each classification in this bargaining unit. The parties further agree to reopen wage negotiations for FY23-24 and FY24-25 upon the California Department of Tax and Fee Administration’s (CDTFA) completion of the sales tax review, but in no event later than March 1, 2023. The union may propose changes to salary steps, deferred compensation and special skills compensation as part of the wage reopener discussion. 10. The June 7 2022 final budget shows impacts of the CDTFA audit; these slides were not shown again in subsequent budget discussions (agenda item #38 Staff Report page 8). Other predictions were provided on 05/17/2022, shown later in this document. Why are the April 2023 impacts different? Please also create new slides that go back to 2013 to provide better context (as has been done with staffing). CDTFA Anticipated Impact on Revenues and Expenses June 7 2022 – Blue line on top April 4 2023 – Red line on top CDTFA Anticipated Impact on General Fund June 7 2022 – Minor Impact April 4 2023 – Major Impact 3 of 5 11. What is being done to make sure that we have the right jobs filled and less critical jobs reduced? With respect to staffing levels, freezing vacant positions might not get us the right mix of staffing needs. 12. Will this situation affect our bond rating? How is the bond rating determined? 13. On the 19th page, Fund Balance Impacts, why isn’t the Economic Uncertainty Reserve being used? 14. On the 19th page, is the suggestion to borrow or to appropriate the Section 115 Pension Trust? 15. On the 19th page, use (or non-use) of the OPEB trust is not mentioned but it is on the 21st page, Budget Balancing Strategies. Why? 16. No assets should be sold aside from Byrne. The Byrne house had been well-maintained. Since the City purchased it, it has been vacant and is causing blight in the neighborhood. It should be sold. We cannot replace open space, our water, or even easily replace the City annex building. REVENUE GENERATION IDEAS 1. Institute a large-company head-count tax as had been previously proposed at City Council July 31, 2018 agenda item #5: Proposed measure to restructure Cupertino’s basic business license tax from a tax based on square footage to a tax based on employee count. cupertino.legistar.com/LegislationDetail.aspx?ID=6034631&GUID=D5F90545-7ACB-43C8-9C52- A230702D6E15&Options=&Search= 2. Attract high sales-tax generating businesses to Cupertino. 3. Increase room rental fees and only 501c3 organizations get reduced rates (not membership organizations). 4. Ensure that all subcontractors have current business licenses (as other cities do) 5. Reduce/eliminate subsidies on festivals run by organizations that profit from them (note Ikebana does not make money). Work on public/private support strategies for July 4 fireworks, Shakespeare, etc.… 6. Create a grass-roots “Buy-Cupertino” initiative – put on website and newsletter SAVINGS IDEAS 1. Consider CIPs or ongoing contracts that can be removed/modified 2. Lower thresholds on expenses to be approved without City Council approval 3. Restore Audit Committee to monthly 4. Make sure that expenses are assigned to the proper budget line items (too many items are being assigned to the General Fund) 5. Track amenities that run like businesses such as the Senior Center and Blackberry Farm pool/picnic (these were previously tracked as enterprise funds and are no more - - - and by the way, money was taken out of the Golf fund that should not have been, such as numerous studies) and make appropriate adjustments of fees 6. Increase non-resident fees (and resident fees) – that and others can be done pre-emptively before the Matrix report becomes available 7. Does the Parks and Rec catalog need to be mailed to all residents – can a postcard be sent out to mention that it is available online? At least offer an opt-out for the catalog and send only postcard reminder. 8. Stop replacing vehicles so quickly (I had my car for 27 years until it was totaled last year in a head-on accident while I was stopped at a stop sign). HISTORICAL CONTEXT  12/??/21: City staff first becomes aware of the CDTFA audit by letter  01/03/2022: City Manager Jim Throop installed as City Manager  03/20/2022: Staff salary negotiations (would the outcome have been different had we been notified?) 4 of 5  05/??/2022: Second letter received by City staff regarding the CDTFA audit  05/17/2022: In the City Council Proposed Budget (agenda item #41), Council was finally made aware of the CDTFA audit. Only the medium impact (Forecast B) is shown. Staff salaries and health benefits are up by 5% and 7%, respectively. The Proposed Budget slides on 5/17/2022 do not resemble the Adopted Budget slides on 06/07/2022. And now, the CDTFA audit prediction outlook is again different. Why? Proposed Budget Slides Shown on 05/17/2022 differ from Adopted Budget Slides Shown on 06/07/22 Proposed Budget Slides Shown on 05/17/2022 (agenda #41) Adopted Budget Slide Shown on 06/07/2022 does not resemble the 05/17/2022 slides above (agenda item #38, staff report page 8)  06/21/2022: City Manager Jim Throop resigns. In the FY 2022-23 Budget at a Glance, he stated: The City is currently in the midst of a sales tax audit by the California Department of Tax and Fee Administration (CDTFA). The impact of this audit is unknown but it has the potential to have a significant impact on the City’s sales tax revenue. Once more information is known, staff will provide updates to City Council. The proposed budget does take into consideration a potential reduction in sales tax revenue, as the City does take a conservative stance in financial matters . . . Our City has a strong financial foundation to build upon for the successful future of Cupertino. And it will be more incredible than any of us can possibly imagine. Jim Throop, City Manager link: cupertino.org/our-city/departments/finance/budget-at-a- glance#:~:text=The%20City%20is%20on%20solid,funded%20by%20%24130%2C244%2C157%20in%20revenue. 5 of 5  11/15/2022 City Council Agenda Packet (page 599): Due to the uncertainty around a California Department of Tax and Fee Administration (CDTFA) sales tax audit of one of the City’s taxpayers, City staff is not recommending any transfers to reserves currently. The impact of this audit is unknown but has the potential to significantly affect the City’s sales tax revenues. Staff anticipates bringing recommendations on the use of fund balance to the City Council at mid-year in March 2023 once more information regarding the sales tax audit is available. The Financial Report (item #23) does not show the CDTFA audit impact that was predicted in May and June and does not mention potential impact on employee salaries.  12/13/2022 The staff report mentions an Administrative Key Project that will: Lead, plan, and strategize impacts of California Department of Tax and Fee Administration (CDTFA) audit. Where is that project?  02/08/23 Councilmember Chao requests a future agenda item: Fee Administration (CDTFA) and upcoming legislation. This idea is deferred. (City Council packet page 44).  02/21/2023 The City Hall Subcommittee reports back that the CDTFA Audit has the potential for short- and long-term funding impacts. (City Council Agenda item #5 page 3).  03/7/2023 City Council Agenda Packet (pages 33 and 34): As of mid-year, all priority areas have been fully funded. Per the City’s Fund Balance policy, it has been the City’s practice to recommend the transfer of unassigned fund policy, it has been the City’s practice to recommend the transfer of unassigned fund recommending the use of unassigned fund balance at mid-year due to the uncertainty recommending the use of unassigned fund balance at mid-year due to the uncertainty Department of Tax and Fee Administration (CDTFA). While the impact of this audit is unknown, it has the potential to significantly affect the City's sales tax revenues. records.cupertino.org/WebLink/DocView.aspx?id=1012592&page=34&dbid=0&repo=CityofCupertino&searc hid=e2b5033f-8c39-40d4-83db-d0d488fa0243 Mid-Year Financial Report: Shows sales tax income down by 28% between mid-year 2022 and mid-year 2023 and other reductions (TOT is up). Staff does not make any recommendations as to appropriations or revenues at mid-year. The City will continue to monitor its expenditure and revenue trends. There is mention of a staffing addition for a limited-term special project executive (did this happen?) A slide mentions a CDTFA audit update but there is no further detail.  03/??/2023 City staff receives a phone call about the CDTFA audit from the State.  04/04/2023 City Council Oral Communications - Residents mention zero sales tax income for February and concerns about CDTFA audit. Shakespeare in the Park executive director reports potential cancellation by Parks and Rec due to lack of funds.  04/13/2023 City Council Agenda #6 Catastrophic change in budget outlook due to CDTFA audit and City Council Closed Session 54957.6 Conference with labor negotiators. From:Peggy Griffin To:City Council Cc:City Clerk Subject:2023-04-13 City Council Mtg-ITEM6 FY 2023-24 Budget Forecast - CIP and WORK PLAN ITEMS Date:Tuesday, April 11, 2023 11:23:07 PM Attachments:CC 02-21-23 Item #1 City Hall Renovation Responses to Councilmember Questions Attachment CIP Projects List.pdf P16of29 2023-03-01 Presentation Work Plan-existing funding Qtr2 FY 22-23.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE INCLUDE THIS EMAIL AND BOTH ATTACHMENTS AS PART OF WRITTEN COMMUNICATION FOR THE 4-13-2023 CITY COUNCIL MEETING, AGENDA ITEM #6 FY 2023-24 BUDGET FORECAST. Dear City Council, I’ve attached the following 2 documents I thought might be helpful to you: latest CIP Projects list provided in the 2-21-2023 Written Communications Work Plan Items as of FY 2022-23 Qtr2. City Manager Wu stated Qtr3 would be on the website at the end of April 2023. As you can see, there are several big ticket items that can be postponed or significantly reduced in scope to help mitigate this budget situation. Do a complete review of all CIP and Work Plan projects Projects can be brought to a close/postpone state. Q: What contracts can be paused, discontinued or not signed? Stop the subsidies, fee waivers, free use of facilities all over the city Lower the contract approval amount for staff. Lower/significantly reduce the spending accounts/contingency accounts. Add an opt in for electronic receipt of the Parks and Rec brochures and the Cupertino Scene to reduce printing costs. Use cheaper paper. REQUEST: DO NOT SELL ASSETS, except the Byrne property. It does not solve the problem of living within our means. Solve the problem! Every bit of savings helps. You are all bright, creative people. PLEASE work together on this. You each bring skills to the table. Peggy Griffin ATTACHMENT A List of Proposed FY22-23 CIP Projects PROJECT TITLE PROJECT TYPE/ COMMISSION PROJECT DESCRIPTION FY22-23 budget FY24-27 (w/o escalation) CATEGORY 1 - NEW PROJECTS - FISCAL YEAR 2022 -2023 Blackberry Farms Pools Splash Pad Parks & Recreation Design and construct a splash pad to replace the slide feature at the Blackberry Farm Pools. 500,000$ City Hall Renovation/ Replacement and Library Parking Garage: Design and Construction Facilities The full project includes Construction of both buildings, but the proposal for this fiscal year includes only the design and consulting services for the Library Parking Garage, and Conceptual Design services for the City Hall project. Phasing the work will address Civic Center parking needs first, with a completed evaluation and decision on options for City Hall Renovation/ Replacement to be prepared for discussion in early 2023 in advance of the next CIP budget cycle. The City Hall scope which includes structural upgrades, renovation of mechanical/ electrical and life-safety infrastructure, improvements to workplace and accessibility, and purposeful construction of the emergency operations center (EOC). The Library Parking garage will be a 3-story above-ground structure in the SE corner of the existing parking lot. 4,000,000$ $75.6M City Lighting - LED Lighting Streets & Grounds Implement the transition of City's streetlight infrastructure from induction and other fixtures to LED fixtures to meet the "Dark Sky" Ordinance requirements and reduce light pollution and energy cost. 1,300,000$ De Anza Boulevard Buffered Bike Lanes Transportation/ Bike & Ped Restripe De Anza Blvd to include a painted buffered zone between the existing bike lane and the vehicle lanes. 525,000$ Jollyman All Inclusive Play Area: Adult-Assistive Bathroom Facilities Parks & Recreation Design and construct a new adult-assistive bathroom facility adjacent to the All-Inclusive Play Area. 850,000$ Major Recreation Facilities: Use and Market Analysis Parks & Recreation Commission a report to study the possible locations for new major recreation facilities: Aquatic, Fine Arts/ Performance and/or Recreation Facilities. Existing recreational and arts facilities, both public and private, will be reviewed and a recommendation based on need, available locations, and financial investments required. The Market Analysis and Business Plan will be the first phase in the potential development of additional recreation facilities in the City. 350,000$ Stocklmeir, Bryne and Blesch: Inspection Reports and Analysis Facilities Instigate property inspection reports and work with outside consultants to develop initial use and business strategies appropriate for the three residential properties owned by the City. 50,000$ Page 1 of 3 ATTACHMENT A List of Proposed FY22-23 CIP Projects PROJECT TITLE PROJECT TYPE/ COMMISSION PROJECT DESCRIPTION FY22-23 budget FY24-27 (w/o escalation) CATEGORY 1 - NEW PROJECTS FOR CONSIDERATION - FISCAL YEARS 2023 - 2027 ADA 2015 report Update/Dashboard Facilities Update the findings of the 2015 ADA self evaluation report. 200,000$ Blackberry Farms Golf Course Improvements Parks & Recreation BBF Golf Course Use feasibility Study is currently underway. This project proposes to secure funding for the outcome of that Study, to continue the work as directed by City Council and the Community. 2,500,000$ Stevens Creek Blvd Separated Bikeway, Phase 3 - Design Transportation/ Bike & Ped Construct a separated Class IV bike lane along Stevens Creek Blvd, between Highway 85 and Foothill Blvd. The scope is for design funding only. 225,000$ Regnart Road Improvements: Ph. 3 - 6 Streets & Grounds This project continues the stabilization efforts along Regnart Road and compliments the 2017 Outfall Repair and Slope Stabilization project and the Retaining wall project. The 2017 Regnart Road Slope Stability Study identified several areas along Regnart Road that exhibit poor drainage characteristics, slope stability concerns that require partial road reconstruction in order to avoid costly road or slope failures and lengthy road closures. Proposed improvements include additional drainage structures, regrading/repaving the road to drain towards the creek, slope stabilization and erosion control measures and retaining walls. 2,200,000$ Bollinger Road Bike Improvements Transportation/ Bike & Ped Implement improvements as proposed in the 2021 Bollinger Road Corridor Safety Study. 1,500,000$ Carmen Road Bridge - Design Transportation/ Bike & Ped Design a bicycle/pedestrian bridge across Stevens Creek Blvd at Carmen Road. 750,000$ Carmen Road Bridge - Construction Transportation/ Bike & Ped Construct a bicycle pedestrian bridge across Stevens Creek Blvd at Carmen Road. 4,500,000$ Don Burnett Bridge LED Lighting Upgrade Streets & Grounds Upgrade the existing 16 architectural light fixtures to LED. 150,000$ Memorial Park Softball Field LED Lighting Upgrade Streets & Grounds Upgrade the existing 38 light fixtures to LED. Existing light fixtures are 4K 1000W Metal Halide bulbs. 150,000$ Blackberry Farm Bocce Ball Shade Structure Parks & Recreation Design and construct a new shade structure over the player areas at the Blackberry Farm Bocce Ball Courts. 125,000$ Linda Vista Park Picnic Area Shade Structure Parks & Recreation Design and construct a shade structure over the barbecue in the picnic area at Linda Vista Park. 125,000$ Portal Park Picnic Area Shade Structure Parks & Recreation Design and construct a shade structure over the barbecue in the picnic area at Portal Park. 125,000$ Page 2 of 3 ATTACHMENT A List of Proposed FY22-23 CIP Projects PROJECT TITLE PROJECT TYPE/ COMMISSION PROJECT DESCRIPTION FY22-23 budget FY24-27 (w/o escalation) CATEGORY 1 - NEW PROJECTS FOR CONSIDERATION - FISCAL YEARS 2023 - 2027 Jollyman Park Dog Off-Leash Area (DOLA) Pathway Parks & Recreation Design and construct a paved pathway to provide access to the DOLA at Jollyman Park along the south side of the park. 111,000$ QCC skylight renovation Facilities Replace the aging skylight with like panels and frame. 350,000$ Memorial Park - Design & Construction Parks & Recreation Design and Construction project[s] resulting from FY22- 23 Specific Design project TBD Lawrence Mitty Park - Design & Construction Parks & Recreation Design and Construction project[s] resulting from FY22- 23 Master Plan project TBD Community Hall Improvements Facilities Design and Construction project[s] resulting from IT/AV operational upgrades required TBD Major Facilities [Results] - Programming and Design Parks & Recreation Major project result from the Fy22-23 study TBD CATEGORY 2 - EXISTING PROJECTS - MULTI-YEAR FUNDING ADA Improvements Facilities This is an ongoing program funded annually to improve accessibility at all public facilities throughout the City. 95,000$ 100,000$ Annual Playground Replacement (FY22-23: Creekside Tot Lot) Parks & Recreation Replacement of older playground equipment that is dated and worn, starting with Creekside (1998) and Varian (2002) (Year 3 of 5) 300,000$ 300,000$ Park Amenity Improvements Parks & Recreation Funding for various park amenities such as benches, hydration stations, outdoor table tennis, cornhole, shade (structures and/or trees), dog-off-leash, pickleball striping, etc. (Year 3 of 5) 200,000$ 200,000$ Street Light Installation - Annual Infill Streets & Grounds This is an ongoing program funded annually to Sesign and install street lights on an as-needed basis. 75,000$ 75,000$ Page 3 of 3 Existing City Work Program 15 Source: www.cupertino.org/cityworkprogram From:Rhoda Fry To:City Clerk; City Council Subject:4/13/2023 Agenda Item #6 - Rhoda Fry Presentation Date:Wednesday, April 12, 2023 10:37:04 AM Attachments:Presentation1 - 2023 Budget 4-14-2023.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi City Clerk, Can you please include this presentation in the comment packet inline (rather than just a link). Also, I would appreciate it if you could show it during my public comments on this item on Thursday. Thank You very much, Rhoda Fry Projected Decline in Sales/Use Tax Revenue Comments / Questions / Solutions (our neighbor cities get by with less –we can too –where’d all the money go?) 0 10000 20000 30000 40000 50000 60000 70000 80000 90000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Per Capita Sales Tax Income per Year by City Cupertino San Jose Los Altos Mountain View Saratoga Sunnyvale Why a Variety of Predictions –Which one is Right? December 2021, Staff Notified of Audit –May 2022 Council/Public Notified with 3 Scenarios June 9, 2022 Report Looks Good Anticipates minor impact and assures that “Our City has a strong financial foundation to build upon for the successful future of Cupertino. And it will be more incredible than any of us can possibly imagine. Jim Throop, City Manager” June 21, 2022 City Manager Resigns No Update until April 4, 2022. We continue spending. Why is new outlook so bad? No scenario for potential payback. August 16, 2022 Potential salary impact due to CDTFA -tbd no later than March 1 2023 CDTFA Audit Anticipated Impact on Revenues and Expenses June 7 2022 –Minor Impact (blue line on top) April 4 2023 –Major Impact (blue line on bottom) … without worst-case scenario How to Make Up for Lost Revenue Moving Forward? DO NOT SELL IRREPLACABLE ASSETS LIKE WATER and OPEN SPACE WATER –Selling our water rights to a separate company over which we have no control is not okay. San Jose Water is owned by SJW Group, a publicly-traded company that also owns Connecticut Water Company in CT; Maine Water Company in Maine; and Texas Water Company in Texas . OPEN SPACE –You can’t replace it. We voted for the Utility Users Tax (UUT) in order to purchase the Blackberry Farm property from the Nelson Family to prevent development. The Golf Course offers a unique recreational area for our residents and provides for a riparian habitat wildlife buffer –at night, there are coyotes. We do not want to push wildlife into neighborhoods. CITY HALL ANNEX –Perfect home for our Emergency Response Team (ERT) that saves money on the City Hall renovation. ERC building standards need to be higher than those of other municipal buildings, so it is best to have it in a separate smaller building. It also provides space for staff during City Hall renovation. Revenue Side Opportunity not Mentioned in Presentation Large-Company Head-Count Tax Discussed in 2018 when Cupertino was receiving $0.65 in sales tax per $100 for all online purchases in California of Apple goods . It looks like this arrangement is going away. Cupertino large companies include: Apple, The Forum at San Antonio, Kaiser, Target, and Whole Foods. This tax provides a way to mitigate City costs in loss of revenue from retail (newly proposed Apple building is zoned for all ground floor retail), traffic, increased housing cost (we need permanent affordable housing –developer agreements are temporary). Neighbor Cities have Large-Company Head-Count Tax Mountain View, City of Santa Clara, Palo Alto, Sunnyvale . . . (East Palo Alto has a commercial office-space tax) No Increases in UUT, Parcel Taxes, Hotel Taxes •Utility costs are going up,City will naturally get more revenue (and it was originally put in place to buy Blackberry Farm) •Parcel Tax, no recent success on school tax, already have parcel taxes •TOT (Transient Occupancy Tax) already in place and burden would be mainly on hotels ---Please Read Rhoda Fry’s 5-page response for more ideas --- SAVINGS IDEAS (from Rhoda Fry written comments) 1.Consider CIPs or ongoing contracts that can be removed/modified 2.Lower thresholds on expenses to be approved without City Council approval 3.Restore Audit Committee to monthly 4.Make sure that expenses are assigned to the proper budget line items (too many items assigned to General Fund) 5.Track amenities that run like businesses such as the Senior Center and Blackberry Farm pool/picnic (these were previously tracked as enterprise funds and are no more ---and by the way, money was taken out of the Golf fund that should not have been, such as numerous studies) and make appropriate adjustments of fees 6.Reduce Subsidies by increasing non-resident fees (and resident fees) can be done pre-emptively before the Matrix report becomes available 7.Does the Parks and Rec catalog need to be mailed to all residents –can a postcard be sent out to mention that it is available online? At least offer an opt-out for the catalog and send only postcard reminder. 8.Stop replacing vehicles so quickly 0 10000 20000 30000 40000 50000 60000 70000 80000 90000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Per Capita Sales Tax Income per Year by City Cupertino San Jose Los Altos Mountain View Saratoga Sunnyvale Work Smarter other Cities manage with less sales-tax revenue per person than we have Dear Honorable Mayor Wei, City Council, and City Manager: It's extremely shortsighted to try to balance the Cupertino budget with one-time sales of City assets like the Blackberry Farm golf course, the new building for the Emergency Operations Center, or the Monta Vista city-owned water system. Cupertino needs to make cuts that will reduce ongoing expenditures and implement revenue enhancement measures. Some of these will be unpopular and painful but the long term outlook for revenue is not likely to improve. Suggested Budget Cuts 1. No more fee waivers for use of city facilities 2. Reduce road paving and let pavement condition fall to "good" from "very good." Cupertino presently has the best pavement condition in the entire Bay Area and there is no reason to continue spending so much money on road paving. 3. Eliminate City-paid maintenance of sidewalks, requiring property owners to pay for repairs, like in San Jose and San Francisco. 4. Eliminate City subsidy for extended library hours. This will be very unpopular but the City can put a tax measure on the ballot to raise money to restore extended hours. 5. Eliminate City-funded tree replacement in front of houses. 6. Eliminate non-essential travel, i.e. Sister-City trips, including the trip up for approval on April 13th. 7. Extend time between computer and phone replacement. 8. Extend time between city vehicle replacement. 9. No new unnecessary capital projects like a new City Hall. 10. 15% budget cut across departments. 11. Eliminate deputy or assistant city manager position. 12. Do not fill empty FTE openings. 13. Eliminate City payments to Cupertino Chamber of Commerce. 14. Eliminate City subsidies to non-profit groups. 15. Eliminate the VIA shuttle once grant funding is used up. 16. Make the Cupertino Scene online-only. Revenue Enhancement (voter approval required) 1. Increase Transient Occupancy Tax to 14% (same as Palo Alto). 2. Implement employee head tax like Mountain View. Mountain View’s tax is $150 per employee over 5000, but Cupertino could go higher, maybe $250 or $300. This would partially offset the loss of sales tax revenue from Apple. 3. Try for a parcel tax to fund specific infrastructure: library hours, parks, streets. Revenue Enhancement (no voter approval required) 1. Raise impact fees to what nexus studies justify (stop subsidizing private developers with impact fees that do not properly mitigate impacts). Please do not reduce spending on public safety. Sincerely Ram Kumar Cupertino Resident RamBKumar95014@gmail.com Reply Forward From:Ram Kumar To:Cupertino City Manager"s Office; City Clerk; City Council Subject:Written communications for April 13 2023 City Council Meeting Date:Wednesday, April 12, 2023 12:35:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.