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CC 04-13-2023 Item No. 6 FY 2023-24 10-Year budget Forecast_Written Communications(2)CC 04-13-2023 Item No. 6 Consider the FY 2023-24 10-Year Budget Forecast Informational Update presentation Written Communications From:Liang Chao To:City Clerk Subject:Written Communication for budget: Palo Alto had to cut spending by 20% in 2020 Date:Thursday, April 13, 2023 9:42:11 AM Please enter this into written communication for the 4/13 meeting. Liang Chao​​​​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao Sent: Thursday, April 13, 2023 9:40 AM To: Pamela Wu <PamelaW@cupertino.org> Cc: Kristina Alfaro <KristinaA@cupertino.org>; Matt Morley <MattM@cupertino.org> Subject: Palo Alto had to cut spending by 20% in 2020 In anticipation of the budget shortfalls during the pandemic, Palo Alto cut their spending by 20% in 2020, which was a process of many months and a series of public hearings and ended with 30 hours of deliberation by the Council before a final budget was adopted. Please do not expect that the staff would be able to propose a budget and then the Council should just approve it in a couple of meetings. A budget shortfall of the magnitude of what we are epxecting must go through a series of public hearings and multiple Council meetings to consider many options. ================ Excerpts from the artible: “On Tuesday, the council concluded a series of public hearings that had spanned four days and more than 30 hours of debate before voting on a budget that no one was thrilled about but that nearly all deemed acceptable.” It would eliminate 74 full-time positions from a City Hall workforce of about 1,033 employees, a 7% reduction. It would also eliminate 26 full-time-equivalent positions that are held by part-time workers, a move that impacts about 100 employees …. the council is expecting to see a $38.8 million drop in revenues. The budget includes about $196 million in general fund expenses, a 20% reduction from the budget that the city was considering before the pandemic. … the roughly $3 million that the city expects to save in the general fund from cuts to managers' salaries. Shikada announced last Thursday that the roughly 230 employees in the city's "managers and professionals" group, the only group not represented by a union, had agreed to concessions that represent about 15% of their compensation. He said he will be taking an additional 5% pay cut. ======== Palo Alto prepares to cut more than 70 positions as revenues plummet City Council approves reductions that will leave a $744K surplus by Gennady Sheyner / Palo Alto Weekly Uploaded: Tue, May 26, 2020 https://www.paloaltoonline.com/news/2020/05/26/facing-budget-shortfall-palo-alto-agrees- to-cut-more-than-70-positions Facing a public outcry about recent proposals to cut funding for teen services, art programs and public safety staffing, the Palo Alto City Council on Tuesday agreed to scale back some of the cuts as it endorsed a budget that would eliminate more than 70 positions at City Hall. The proposed budget, which the council plans to formally adopt on June 22, reverses some of the most contentious cuts that City Manager Ed Shikada had proposed in April. Responding to a council mandate to reduce costs, the budget had initially proposed closing the College Terrace Library, eliminating all Children’s Theatre productions and cutting dozens of positions in the Police Department. Under the revised budget, the Children's Theatre would still see major cuts, but it would now be able to have two major productions and nine minor ones. The College Terrace Library would now stay open, though under the new model it would be one of three branches (along with the Children's and Downtown libraries) that are only open three days per week. And the Police Department will still see heavy cuts, though not as steep as the council envisioned two weeks ago. Even with the revisions, the budget represents the largest contraction of city services in decades. It would eliminate 74 full-time positions from a City Hall workforce of about 1,033 employees, a 7% reduction. It would also eliminate 26 full-time-equivalent positions that are held by part-time workers, a move that impacts about 100 employees, Chief Financial Officer Kiely Nose told the council. The shuttle program, which runs along two routes, would be shut down; park maintenance would be reduced; and the city's footprint at Cubberley Community Center would shrink, creating uncertainty for the various nonprofit groups that have been subleasing space at the eclectic but dilapidated campus for years. The budget that the council approved by a 6-1 vote, with Councilman Greg Tanaka dissenting, is based on the council's assumption that the local economy will take many months to recover from the debilitating impacts of the economic shutdown. With the city's sales- and hotel-tax revenues plunging over the course of the shelter-in- place order that the county enacted more than two months ago, the council is expecting to see a $38.8 million drop in revenues. The budget includes about $196 million in general fund expenses, a 20% reduction from the budget that the city was considering before the pandemic. On Tuesday, the council concluded a series of public hearings that had spanned four days and more than 30 hours of debate before voting on a budget that no one was thrilled about but that nearly all deemed acceptable. "I hope there's not going to be another year like this," Councilwoman Liz Kniss said at the conclusion of the Tuesday meeting. The council's Tuesday task was made somewhat easier by the roughly $3 million that the city expects to save in the general fund from cuts to managers' salaries. Shikada announced last Thursday that the roughly 230 employees in the city's "managers and professionals" group, the only group not represented by a union, had agreed to concessions that represent about 15% of their compensation. He said he will be taking an additional 5% pay cut. Shikada also indicated Tuesday that management continues to talk to the other labor groups about similar concessions, which could potentially mitigate some of the cuts. The discussions, he said, are "proceeding positively." Tanaka voted against the budget after his colleagues rejected a series of motions that he proposed at the conclusion of the marathon meeting. He suggested that the city forgo a computer upgrade that Shikada had proposed. He also suggested that the city has too many managers and requested a "scope of control" analysis at City Hall (the council rejected both of these proposals). While Tanaka said he hopes to see other labor groups participate in the "shared sacrifice" of balancing the budget, he and his colleagues weren't banking on any further concessions as they approved budget cuts for nearly every department. The new budget restores six of the positions in the Police Department that were on the chopping block in the prior proposal. The council approved restoring positions in information management, animal services and investigations divisions. As a result of the Tuesday restorations, the council will no longer have to limit hours in the public lobby or shut down weekend service for animal control. More critically, patrol officers would not have to take up functions that have been traditionally held by civilians, Nose said. "We really restored a lot of civilian staffing so we can make sure police officers will focus on patrol and they won't be distracted by other collateral duties that would creep into the scope of their work with reduced civilian staffing," Nose said. The department, however, still stands to lose 21 positions, seven of which are currently vacant. And the Fire Department is still planning to switch to a "brownout" model that could result in temporary closures of stations when staffing levels are too low and increased reliance on county paramedics for emergency services. Park maintenance would now be slashed by 25%, not 50% as originally proposed. And the Lucy Evans Interpretive Center in the Baylands would now be open half the time, rather than completely shuttered, as previously proposed. "These are not impacts that we take lightly to bring forward, and (we) recognize the significance of the impact to the community and to our workforce, quite frankly," Shikada said. Liang Chao​​​​ Council Member City Council LiangChao@cupertino.org 408-777-3192 Projected Decline in Sales/Use Tax Revenue -Comments / Questions / Solutions neighbor cities get by with less –we can too if we prepare Where’d All the Money Go? Let’s be Smart –Accountability, Transparency, Frequency in Monitoring/Evaluating Do Not Sell Our Assets 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/Use Tax Income by City Cupertino San Jose Los Altos Mountain View Saratoga Sunnyvale Agenda Item Title is Obscure: Consider the FY 2023-24 10-Year Budget Forecast Unusual Time: Thursday at 4PM instead of Tuesday 6:45 PM Which Prediction is Right? Where’s the Transparency? December 2021, State Notifies Staff of Audit –May 2022, Council presented with 3 Scenarios No Update until April 2023. We continue spending. Why is new outlook so bad? No scenario for potential payback. August 2022: Potential salary impact due to audit –determined by March 1 2023 May 2022 May 2022 May 2022 June 2022 April 2023 June 2022: Minor Impact “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” 12 days later manager resigns November 2022: Due to audit uncertainty, City staff is not recommending any transfers to reserves. October 2022: City Hall Subcommittee reports that audit has potential for short and long-term funding impacts. (repeated on 2/21/2023) 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 •What is the worst case scenario? •What is the furthest back CDTFA can go? •What is Cupertino doing to negotiate the payback date (or if there will be one)? •If Cupertino has to pay Apple sales-tax money back, will Apple reimburse its 35% share? How to Make Up for Lost Revenue Moving Forward? DO NOT SELL OUR IRREPLACABLE ASSETS 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 Citizens of Cupertino bough it –City Council must not sell it. 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 (not in presentation) -Consider a 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, Santa Clara, Palo Alto, Sunnyvale . . . (East Palo Alto has a commercial office-space tax) No Increases in UUT or Parcel Taxes •Utility costs are going up, City will naturally get more revenue (and it was originally put in place to buy Blackberry Farm, it should end) •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 Let’s be Smart –Accountability, Transparency, Frequency in Monitoring/Evaluating •Re-Prioritize Budget •Improve Accounting Practices (too many items in general fund) •Go back to monthly treasurer reports and monthly Audit Committee meetings ---Please Read Rhoda Fry’s 5-page response for more ideas and expense savings --- Dear City Council In light of the severe budget deficits that the city is faced with, it is council to revisit the decisions that the current, severely underwhelming City Manager is recommending to Council and the circumstances under which such recommendations are being made. A recent item on the March 7, 2023 agenda was a mid-year budget update and the creation of an executive position in the City Manager's office for a Special Projects Executive. The budget crisis was known to the City Manager prior to creation of this luxury position. This position is salaried at a Department Head pay scale, with no defined role or contribution to the city and none of the responsibilities associated with being a Department Head. The staff report says that this role will not cost the City any money and will be funded by developers on an ongoing basis. The report does not identify long term and ongoing retirement obligations that the City will bear nor any mechanism of how the position will be funded. There is no "pipeline" in development in Cupertino. While the staff report identified this as a two year limited term position, it is imperative that the Council revisit the need for this position at a time when the city is entering into a severe budget crisis. Another interesting fact, the staff report talked about the creation of this position but did not mention that it was already actively staffed by the former Chief Building Official. This position was not put out for recruitment, instead the city manager hand selected a staffer who was within the final months of retiring from the city. The staffer received a 34-36% pay hike right before retirement by the current City Manager. This steep pay raise will cost the City nearly $400,000 annually with no plan for recouping these costs from any prospective developer. The job description calls for a professional who possesses a basic understanding of land use, land use negotiations, any prior experience working with land use attorneys, planning entitlement review process, lease agreements, property acquisition, real estate programs or lease maintenance issues. The staff member prompted into this position does not qualify for the job duties based on their experience. Pay attention to new executive positions being created. The City Manager has frozen hiring of multiple staff that provide direct services to the public, while creating and filling many executive positions. In her past role she has supervised up to 17 persons, many of whom were consultants, not regular staff. She is now the "leader of this organization" of 1 70+ people! She is incapable, incompetent and is misleading the public and Council. April 13, 2023 Mayor Hung Wei Vice-Mayor Sheila Mohan Councilmember Liang Chao Councilmember Kitty Moore Councilmember J. R. Fruen Honorable Mayor and Members of the City Council, The Cupertino Employees Association (CEA) affiliated with the International Federation of Professional and Technical Engineers (IFPTE), Local 21 are a proud and unified group of professionals serving the Cupertino community. Our talents and skills are given daily to fulfill the City’s mission statement to provide exceptional service, encourage all members of the community to take responsibility for one another, and support the values of education, innovation, and collaboration. CEA has an April reopener in our three-year contract which was executed in July 2022. As we prepare to negotiate fair wages and sustaining an effective workforce, we are committed to negotiate fairly, honestly, and with transparency. In turn we are requesting those core principals are reciprocated to the CEA Board and all CEA members. CEA acknowledges the challenging financial times ahead and has confidence in the City Council and the Executive leadership of the City that CEA members and their families will be given fair consideration to maintain working conditions and compensation that will provide for the retention of the institutional knowledge and professionalism that has and will continue to carry this organization in the stated mission of the City. Yours Respectfully, Gian Martire, Senior Planner Nicole Lee, Environmental Programs Assistant Monica Diaz, Senior Code Enforcement Officer Alex Wykoff, Environmental Programs Specialist cc: Stanley Young, IFPTE, South Bay Office Representative PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO An Organization of Professional, Technical, and Administrative Employees Main Office: 1167 Mission Street, 2nd Floor San Francisco, CA 94103 T: 415 864-2100 F: 415 864-2166 South Bay Office: 4 North Second Street, Suite 595 San Jose, CA 95113 T: 408 291-2200 F: 408 291-2203 Oakland Office: 1440 Broadway, Suite 610 Oakland, CA 94612 T: 510 451-4982 Martinez Office: 649 Main Street #226 Martinez, CA 94553 T: 925 313-9102 F: 925 313-0190 www.ifpte21.org