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They won first place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For Outstanding Creativity, and took second place in their division at the state tournament, advancing them to finals in Tennessee. Page:No written materials 4.Subject:Proclamation declaring May 2011 as Foster Care Monthin Cupertino Recommended Action:Present the proclamation Page:No written materials 5 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 5.Subject:Presentation from the Teen Commission Recommended Action:Receive presentation Page:No written materials POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council frommaking any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendarbe acted on simultaneously. 6.Subject:April 6 City Council minutes Recommended Action:Approve minutes Draft minutes Page:12 7.Subject:Accounts Payable for period ending March 25, 2011 Recommended Action:Adopt Resolution No. 11-056 Draft Resolution Page:23 8.Subject:Payroll for period ending April 1, 2011 Recommended Action:Adopt Resolution No. 11-057 Draft Resolution Page:32 9.Subject:Accounts Payable for period ending April 1, 2011 Recommended Action:Adopt Resolution No. 11-058 Draft Resolution Page:33 10.Subject:Accounts Payable for period ending April 8, 2011 Recommended Action:Adopt Resolution No. 11-059 Draft Resolution Page:47 11.Subject:Accounts Payable for period ending April 15, 2011 Recommended Action:Adopt Resolution No. 11-060 6 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency Draft Resolution Page:58 12.Subject:Payroll for period ending April 15, 2011 Recommended Action:Adopt Resolution No. 11-061 Draft Resolution Page:68 13.Subject:Approve destruction of records from the Finance and Code Enforcement departments Recommended Action:Adopt Resolution No. 11-062 Draft Resolution Records for Destruction Page:69 14.Subject:Treasurer's Investmentand Budget Report for quarter ending March 2011 Recommended Action:Accept the report Staff Report Investment Portfolio Retiree Health Trust Report Investments by Type, Rate of Return, and Compliance Charts Expenditure and Revenue Charts Page:83 15.Subject:Annual adoption of City Investment Policy Recommended Action:Adopt the City Investment Policy as of May 3, 2011. Staff Report Draft Investment Policy Page:94 16.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action:Adopt Resolution No. 11-063 Description:The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page:103 7 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 17.Subject:Municipal Improvements, Kong-Yen Han and Sue-Jane Han, 21881 Dolores Avenue Recommended Action:Accept Municipal Improvements Description:The improvements included sidewalk, curb & gutter and driveway approach work in the City right of way Staff Report Map Page:109 18.Subject:Improvement Agreement,Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action:Adopt Resolution No. 11-064 Description:Through the improvement agreement with the City, the applicants for a building permit for a single-family residential development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site Resolution Improvement Agreement Map Page:111 19.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Recommended Action:Adopt Resolution No. 11-065 Description:The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page:126 20.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Recommended Action:Adopt Resolution No. 11-066 Description:The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page:133 8 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 21.Subject:Stevens Creek Corridor Project Phase II grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding Recommended Action:Adopt Resolution No. 11-067, authorizing allocation of TDA Article 3 funding Staff Report Attachment 1 -Resolution Attachment 2 -Draft Bicycle Pedestrian Commission meeting minutes Page:139 22.Subject:Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11-12 Recommended Action:Adopt Resolution Nos. 11-068 and 11-069 Description:Current agreements June 30, 2011 and new agreements have been approved by the County of Santa Clara and presented to the fifteen cities for approval Staff Report A-Resolution, Agreement for Countywide AB939 Implementation Fee B-Resolution, Agreement for CountywideHousehold Hazardous Waste Collection Program C-Agreement for Countywide AB939 Implementation Fee D-Agreement for Countywide Household Hazardous Waste Collection Program Page:148 23.Subject:Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Recommended Action:Adopt Resolution No. 11-070 setting a voluntary expenditure cap of $28,000 for the election of 2011 Staff Report A-Draft Resolution Page:192 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) PUBLIC HEARINGS 24.Subject:Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Recommended Action:Conduct public hearing; and 1. Adopt Resolution No. 11-071 approving the allocations for the use of the 2011-2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011-12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). 9 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency Description:This is the second of two required public hearings regarding use of 2011-12 CDBG funds, Human Service grants and FY 2011 Annual Action Plan Staff Report A-Draft Resolution B-Summary of Allocations C-Annual Action Plan Page:197 25.Subject:Green Building Ordinance, MCA-2010-04, and amendment to the City's Fee schedule Recommended Action:1. Conduct first reading of Ordinance No. 11-2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (Attachment A); and 2. Adopt draft Resolution No. 11-072 amending the City’s adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Staff Report A. Ordinance No. 11-2076 B. Draft Resolution C. Chapter 16.58 with strikeouts D. Global Green Cost Analysis E. Feb 1, 2011 City Council Minutes F. Feb 1, 2011 City Council Report G. Planning Commission Resolution No. 6615 H. Email of February 19, 2011 from Myron Crawford I. Email of March 5, 2011 from Myron Crawford Page:220 UNFINISHED BUSINESS NEW BUSINESS 26.Subject:2011 Cupertino Bicycle Transportation Plan Recommended Action:Adopt Resolution No. 11-055, approving the 2011 Cupertino Bicycle Transportation Plan Staff Report A-Resolution B-Bicycle Transportation Plan Page:288 27.Subject:Consider an ordinance to regulate smoking in recreational areas. Recommended Action:Conduct the first reading of Ordinance No. 11-2077 of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Staff Report Ordinance_Attachment A Page:358 : Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 28.Subject:Consider changing the budget study session scheduled for May 16, and confirm the date for the City Manager evaluation Recommended Action:Select a study session date of May 23 or later; confirm date and time of City Manager evaluation currently set for May 16 Page:No written materials in packet 29.Subject:Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue Recommended Action:Conduct first reading of Ordinance No. 11-2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue Staff Report A-Ordinance B-Diagram of Intersection Page:367 30.Subject:Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action:Consider adopting Resolution No. 11-2079 clarifying the conditions under which teleconferencing may be used. Staff Report A-Draft Resolution B-Palo Alto Policy C-San Francisco Policy Page:371 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 21 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, duringnormal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 22 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, April 5, 2011 PLEDGE OF ALLEGIANCE At 6:51p.m. Mayor Gilbert Wongcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION-None CEREMONIAL MATTERS –PRESENTATIONS 1.Subject:Proclamation recognizing Michael Gottwald for supporting the youth in the community and for his fund-raising efforts for major charities RecommendedAction:Present proclamation Mayor Wong presented the proclamation to Michael Gottwald. Mr. Gottwald read off names in memoriam and thanked thosewho donated over the years forhis charity walks in helping toraise over $47,000. 2.Subject:Council recognition of Cupertino's Green Leaders Recommended Action:Recognize Green Citizen of the Year & Cupertino's Green Businesses, and announce Earth Day Festival Environmental Affairs Coordinator Erin Cooke explainedthat 2200 businesses are certified in the voluntary Santa Clara County Green Business program which recognizes those businesses that surpassed regulatory compliance by implementing sound practices that conserve energy, water, and resources while preventing pollution in the community. She also explained that 12 businesses are certified in the Green Biz Cupertino program, launched in 2010, to recognize those businesses seeking enrollment in the Santa Clara County Green Business program. Ms. Cooke noted that the purpose of tonight’s presentation was to recognize those businesses not just certified in the Green Biz Cupertino program but who are also true partners in the program. 23 April 5, 2011Cupertino City Council Page 2 Mayor Wong presented proclamations to the Cupertino Chamber of Commerce, The Driving Machine, Inc., Park Place, and Cypress Hotel. He also gave proclamations to Cupertino staff members: Grounds and Maintenance Supervisor John Bisely, Facilities Supervisor Chris Orr, Maintenance Worker Roger Winslow, Assistant Public Works Director Roger Lee. 3.Subject:Award for the Outstanding Park & Recreation Project in California, 2010, from American Society of Civil Engineers for Stevens Creek Corridor Park Recommended Action:Present award Mayor Wong announced that thisaward was given tothe City of Cupertino for the Stevens Creek Corridor Park.Stevens Creek Corridor Restoration Manager Gail Seeds accepted the award on behalf of the Public Works department. 4.Subject:Presentation from the Planning Commission Recommended Action:Accept presentation. Planning Commission Chair Winnie Leegave an overview of the Commission’s past accomplishments and upcoming key projects in its Work Plan. POSTPONEMENTS Mahoney moved and Santoro seconded to postpone item Nos. 27 and 29 to May 3. The motion carried with Council member Chang voting no. Later in the meeting whilediscussing item No. 29 further, Council concurred to holdcommissioninterviews at 5:00 in Conference Room A. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: A staff PowerPoint presentation for item No. 22 A staff memo regarding video/audio service fees for item No. 23 A revised fee Schedule A for item No. 23 An email and attached letter from attorney Paul Albritton on behalf of T-Mobile urging Council to deny the petition for reconsideration, item No. 25 ORAL COMMUNICATIONS YorikoKishimotointroduced herself as the new appointmenton the Mid-Peninsula Regional Open Space District,representing Cupertino and Ward II. She noted some open space projects that the District has purchased and managed, including Rancho San Antonio, Picchetti, and Fremont Older;and current projectsincluding Mount Umunhum andCooleyLanding. John Bartas talked about carpooling at theCupertino schools. He suggested an idea for students to be able to use a web server to organize ridesharesto school.He would like to go forward with a resolution of support from Council. He said he already has a pilot website and server up and is working on getting funding.Commissioner Santoro suggested Mr. Bartas contact the Teen Commission for possible collaboration. 24 April 5, 2011Cupertino City Council Page 3 CONSENT CALENDAR Mahoney/Changmoved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 11which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5.Subject:March 15 City Council minutes Recommended Action:Approve minutes 6.Subject:Payroll for period ending March 4, 2011 Recommended Action:Adopt Resolution No. 11-039 7.Subject:Payroll for period ending March 18, 2011 Recommended Action:Adopt Resolution No. 11-040 8.Subject:Accounts Payable for period ending March 4, 2011 Recommended Action:Adopt Resolution No. 11-041 9.Subject:Accounts Payable for period ending March 11, 2011 Recommended Action:Adopt Resolution No. 11-042 10.Subject:Accounts payable for period ending March 18, 2011 Recommended Action:Adopt Resolution No. 11-043 12.Subject:Development Agreement, Mimi Tsui, 10292 Orange Avenue Recommended Action:Adopt Resolution No. 11-044 Description:Through the development agreement with the City, the applicant for a building permit for a single-family residential development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site 13.Subject:Development Agreement, Jerry Jin-Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action:Adopt Resolution No. 11-045 Description:Through the development agreement with the City, the applicant for a building permit for a single-family residential development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site 14.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Mimi Tsui, 10292 Orange Avenue Recommended Action:Adopt Resolution No. 11-046 Description:The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property 15.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Hantyng Kenneth Hsieh and Jean Lai, 20557 Blossom Lane 25 April 5, 2011Cupertino City Council Page 4 Recommended Action:Adopt Resolution No. 11-047 Description:The propertyowners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 16.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Paul A. Lassa and Palmyra S. Pawlik, 21700 Alcazar Ave Recommended Action:Adopt Resolution No. 11-048 Description:The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 17.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Jerry Jin-Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action:Adopt Resolution No. 11-049 Description:The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 18.Subject:Grant of Easement for Roadway Purposes, Mimi Tsui, 10292 Orange Avenue Recommended Action:Adopt Resolution No. 11-050 Description:The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property 19.Subject:Grant of Easement for Streetlight Purposes, Vincent C. Wong Senior and Vincent C. Wong Junior, 18996 Pendergast Avenue Recommended Action:Adopt Resolution No. 11-051 Description:The property owners of this residential development agree to grant to the City an easement for streetlight purposes, together with the right to construct, operate, repair and maintain streetlight improvements, over a portion of the property 20.Subject:Grant of Easement for Roadway Purposes, Jerry Jin-Tzong Liu and Jennifer Fang Fang, 21835 Lomita Avenue Recommended Action:Adopt Resolution No. 11-052 Description:The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property 21.Subject:Alcoholic Beverage License, Bonjour Sandwiches & Crepes, 20371 Stevens Creek Boulevard (near Torre) Recommended Action:Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place ITEMS REMOVED FROM THE CONSENT CALENDAR(above) 11.Subject:City Project, Pavement Restoration, Project No. 2009-08 Recommended Action:Accept Project No. 2009-08 26 April 5, 2011Cupertino City Council Page 5 Public Works Director Timm Borden noted the upcomingpavementprojects. Chang moved and Mahoney seconded to accept the project. The motion carried unanimously. PUBLIC HEARINGS 22.Subject:Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action:Conduct public hearing and continue final approval of the funding allocations and FY 2011 Annual Action Plan to May 3 in order to complete the 30-day review period Description:This is the first of two required public hearings regarding use of 2011-12 CDBG funds, Human Service grants, and the FY 2011 Annual Action Plan Written communications for this project included a staff PowerPoint presentation. Senior Planner Vera Gil reviewed the staff report. Mayor Wong opened the public hearing at 7:40p.m. Bob Campbelltalked about the Senior Housing Solutions and asked Council for funds to complete the rehabilitation of Phase II construction ofthe house. He noted that this project would serve five seniors who are residents of Cupertino and whose income is less than $1500 per month. They would be charged 30% of their income for rent. Healsoannounced that the Cupertino Rotary and Habitat for Humanity will be doing a hole-in-one contest atDeep Cliff Golf Course on May 4 at 6:00 p.m. and invited Council to attend. Mayor Wong closed the public hearing at 7:43 p.m. Council members asked questions of staff and took no action. 23.Subject:Fiscal Year 2011/12 Fee Schedule Recommended Action:Adopt Resolution No. 11-053, approving the 2011-12 fee schedule Page:170 Written communications for this item included a staff memo regarding video/audio service fees and a revised fee Schedule A. Finance Director DavidWoo reviewed the staff report. Mayor Wong opened the public hearing at 8:08 p.m. No speaker cards were submitted and Mayor Wong closedthe public hearing. Council members asked questions of staff and the applicant. Mahoneymoved and Chang seconded to adopt Resolution No. 11-053acceptingthefee scheduleas presentedbut increasingthe Planning, Building and Engineering fees to3.5%; 27 April 5, 2011Cupertino City Council Page 6 keep the Small Income Business License fee flat (at $65.00); and directed staff to provide a report to review the possibility of charging a time-demand based fee for Community Hall. Wong added a friendly amendment to change the fee percentageto 3%as was recommended by staff.Mahoneyagreed to the friendly amendment. The motion carriedunanimously. Councilrecessed from 8:27 p.m. to 8:37p.m. UNFINISHED BUSINESS 24.Subject:Alternative Bridge Locations and Trail Alignments for Stevens Creek Corridor Project Phase II Recommended Action:Adopt the Base Alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase II Page:227 Public Works Director Timm Borden reviewed the staff report. JohnBenz commented about each of the alternatives and urged Council to adopt the Base trail alignment. Robert George asked Council to adopt the Basetrailalignment. He showed pictures of the area from his house and how he would be affected by the other trail alignments. Ann Ng said that she is a Board member of Friends of Stevens Creek Trail and represents that board on the Stocklmeir Task Force. She noted that the Friends would be happy with a multi- use trail that goes out to Stevens Creek Blvd. She urged Council to go along with the Task Force recommendation to use the Base Plan trail alignment. Deborah Jamison, member of the Stocklmeir Task Force said that she supports the Base bridge position and trail alignment outside of the 50-footsetback.Sheurged Council to give the creek at least50-feet of riparian woodland in Stocklmeir so nature could return. She explained about a riparian ecosystem. Bob Hirt said that he is on the board of the Stevens Creek CountyAudubonsociety and is glad the Task Force has decided to move forward. He said he supports the Bas trail alignment. Gail Cheeseman said that she is impressed with the Blackberry Farm restoration andsupports the Base trail alignment. Doug Cheeseman said he has been involved with McClellan ranch and hopes to continue with the project toprotect the corridor. He said he supports the Base trailalignment. Gary Bailey said that he is the Board Chair of the Stevens and Permanente Watershed Council and is pleased with the restoration of Blackberry Farm.He noted the group has no 28 April 5, 2011Cupertino City Council Page 7 position on a specific trail alignment but would be happy with the staff recommendation as long as there is a 50-foot setback from the creek. Council asked questions from staff. Mahoney movedand Wang secondedto adopt the Base alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase IIproject.The motion carried unanimously. NEW BUSINESS 25.Subject:Petition for reconsideration for a personal wireless service facility at 11371 Bubb Road (continued from March 15) Recommended Action:Conduct hearing and adopt Resolution No. 11-054, denying the petition for reconsideration Description:Application: DIR-2010-28 Reconsideration; Applicant: Dayna Aguirre (for T- Mobile); Petitioner: Shaul Berger; Location: 11371 Bubb Road, APN 356-23-047; Application Summary: Petition for reconsideration of the City Council’s November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG&E pole located in front of 11371 Bubb Road Page:235 Written communications forthis item included an email and attached letter from attorney Paul Albritton on behalf of T-Mobile urging Council to deny the petition for reconsideration. Senior Planner Colin Jung reviewed the staff report. Petitioner Shaul Berger said that hisassumptions and T-Mobile’s assumptions are different regardingheight and radiofrequency (RF)levels. He said they also differregarding the statement that the best location was found,and that he now needs tocompromise. He asked Council to use the same methods that other providers useand wondered why T-Mobile can’t provide the same coverage as Verizon. He said that decisionsmust be based on facts and not feelings. He said that Council voted without asking for technical evidence about how the antennas couldwork and noted that the project should have gone through a Design Review process. T-Mobile representative Dayna Aguirre said that they have made every effort to resolve the issues and reached out to the appellant and the neighborsabout the electromagnetic field issue to help clarify the report. She noted that they looked at all threelocations again and it is based on fact that those locations wouldn’t be feasible. Linda Vista Park too far and wouldn’t provide the coverage needed; Results Way was too faraway; and the other location is below ground. Outside Counsel for T-Mobile Paul Albrittonsaid that there is no new evidence that has come up to overturn the previous decision. He noted that the firm that provided the appellant 29 April 5, 2011Cupertino City Council Page 8 with the error of his calculations is reputable. He reviewed the State law about RF’s noting that Councilcan’t make a decision on that and there has to be substantial evidence to deny a wireless application. He explained that Council also can’t make a decision that prohibits service and there is a significant gap in T-Mobile coverage. He said that they have followed all the requirements from the Cupertino Municipal Code and the General Plan and asked Council to deny the petition to reconsider. Suresh Vasa questioned how many cell companies we need to provide coverage in Cupertino. He wants 100% coverage with a single service provideras is the case with his water and power providers. Pragna Parmar asked Council toreconsider putting the antennain a residential neighborhood and suggested the mountains as an alternate location. He said this would provide better coverageand maintain home values in the neighborhood. John Gaddy said the proposal wouldset aprecedent to install an increasing number of towers which would affectthe quality of life and nearbynature. He said the business industry is taking control of the area and Council would be supporting commerceover local residents. Rita Chaosaid that she objects to the proposal and cares about the community. She said that the tower would impact the environment, propertyvalues, and quality of life. TeresaLiaosaid that she opposes the issue because she cares for all human beings and radiation isn’t good for one’s health. Prasao Marayanasaid that aesthetic issue and safety issue need to be considered. Other cities have denied petitions so it is wrong to say that the City has to approve the permit.He read from a US EPA letter regarding the “RF radiation exposure guidelinesand non thermal effects of radio frequency radiation”which is “thermally based and do not apply to chronic nonthermal exposure” so the generalization of many of those guidelinesto protect humans are not justified. Michael Chensaid that he chose to live in Cupertino because of the good schoolsand neighborhoods. The City’s Wireless Master Plan is ruining Cupertino by allowing T-Mobile to install antennas.He asked the Council to think about the upcoming T-Mobile and AT&T mergerwhich would make the antennainstallations redundant. Installingthe antennawill cause people to becomemore aware of the health hazards. Leslie Fowler said that thesafety of EMF antennae towers ishotly disputed in the scientific community and they shouldn’t be put in a neighborhood. The cell service providers should share the antennae’s. JeiChensaid that he disagrees with T-Mobile’s decision that the Linda Vista site is too far. He said that 100% coverage is not possible.He said the security of people’s health has no conclusion yetbut the fear of his health and safety affects his quality of life. 2: April 5, 2011Cupertino City Council Page 9 Vincent Tien has worked on wireless communicationsfor the last ten years. He said that putting the tower on the hill would be more powerful and providemore coverage. The health of the residents should be considered. Willie Luhadatechnical issue with the antennaheight allowance. And he had emailed some questions to Council and didn’t receive an answer. Hewanted to know how the “worst case of .022%”wascalculatedand said that25feet from the antenna and 15 feet from groundwas a false statement. He said that T-Mobileand its partners are willfullyproviding false statementsto the public. Madliu Giasked Council to seefromthe community perspective before making the decision. AT&T will be buying T-Mobile so why can’t T-Mobile share the tower that’s already been approved for AT&T?She never heard the complete reason why Linda Vistawas not being used instead. Mayor Wong asked the T-Mobile representative to answer thequestions asked by the public during the public comment section. Council asked questions ofstaff and the applicant. Mahoneymoved and Santoroseconded to adopt Resolution No. 11-054, denying the petition for reconsideration,as presented by staff. The motion carried with Chang voting no. Chang said he voted nobecausehe didn’t likethe way the process went. He said his major concern is the data that T-Mobile provided vs. what the industry provided. He also noted that the siteis so close to RegnartElementary School and he agrees with the cities that have ordinances requiring cell towers to be at least 1500 away from any school. He also said that some areas may end up with more than 100% coverage and there is a fear of unnecessary radiation. Wang also made a statement that the Council’s hands are tied and they can’t consider certain things in their decision, or the City maybe subject to a lawsuit. 26.Subject:Department of Energy grant for an electric vehicle charging station at City Hall Recommended Action:Accept Department of Energy grant and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company in substantially the same form as attached Page:303 Public and Environmental Affairs Director Rick Kitson and Environmental Affairs Coordinator Erin Cooke reviewed the staff report via a PowerPoint presentation. Council asked questions of staff. Santoromoved and Mahoneyseconded to accept the grant; authorize the City Managerto negotiate and execute the agreements; and directed staff to create two new parking spots for two new charging stations on Rodrigues Avenue, east of the driveway, with these conditions: 31 April 5, 2011Cupertino City Council Page 10 the station will be 100% grant funded;the grant will cover installation costs; and the conduit trenching costs will be paid for by the Cityand appropriated from City reserves. The motion carried unanimously. 27.Subject:2011 Cupertino Bicycle Transportation Plan Recommended Action:Adopt Resolution No. 11-055, approving the 2011 Cupertino Bicycle Transportation Plan Page:353 Under “Postponements” this item was continued to May 3. 28.Subject:Cancellation of April 19 City Council meeting and scheduling of Budget Study Session Recommended Action:Consider canceling meeting of April 19 and schedule Budget Study Session between May 23 and June 2 Santoro moved and Mahoney seconded to cancel the April 19 meeting and schedule the budget study session at 3:00p.m. on May 16 in the Community Hall, if possible, ortheEOC if the Community Hall isnot available. 29.Subject:Resignations of Fine Arts Commissioner Joelle Lieb, and Technology, Information, and Communications Commissioner William Allen Recommended Action:Accept resignations and, if the April 19 Council meeting is cancelled, direct staff to set interview deadlines Under “Postponements” this item was continued to May 3. Council concurred to hold interviews at 5:00 in Conference Room Aon that date. 30.Subject:Date for study session regarding teleconferencing Recommended Action:Select May 3 beginning at 6:00 Jennifer Griffin asked Council to explain to the public what this item was about. She said she was concerned about teleconferencing and thinks it’s important to have all five members present at the meeting in person. She noted that adialogue with the public needs to happen before making a decision like this. Council concurred to agendize the item for May 3. 31.Subject:Date for City Manager evaluation Recommended Action:Set date for closed session on May 12 beginning at 5:00 PM Council concurred to schedule a closed session regarding the City Manager’s evaluation on May 16 following the budget study session. 32 April 5, 2011Cupertino City Council Page 11 ORDINANCES STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:52p.m., the meeting was adjourned to May 3 at 5:00 p.m. for commission interviews. ____________________________ Grace Schmidt, DeputyCity Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 RESOLUTION NO. 11-062 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING DESTRUCTION OF CERTAIN RECORDS FROMTHE FINANCE AND CODE ENFORCEMENTDEPARTMENTS WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02- 037 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the departmental request for permission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 02-037; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rdday of May, 2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________________________________ City ClerkMayor, City of Cupertino 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 ADMINISTRATIVE SERVICES DEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4331xxx/dvqfsujop/psh CITY COUNCILSTAFF REPORT Meeting:May 3, 2011 Subject Treasurer’s Investment and Budget Report for quarter ending March 2011 Recommended Action Accept the report Discussion Investments The market and book value of the City’s portfolio both totaled $48.2million at March31, 2011. The portfolio’s Marchyield of 0.32% was upfrom the December2010 yield of 0.28%but down from a year ago rateof 0.44%due to the decision to take the portfolio to a safe and liquid mix of investments given the risk and volatility of the market. The LAIF benchmark was at 0.50% for March,upfrom0.46% in Decemberbut down from0.55% a year ago, reflective of their move to a higher percentage of investments backed by the full faith and credit of the federal government. The portfoliodecreasedfrom the previous quarterby $3million due to housing and retiree health trust contributions, and energy conservation project payments.Maturing Treasuriestotaling $17.5million werere-invested intonew Treasuries. Investments are in full compliance with the City investment policy and State lawand are tiered to provide sufficient cash flows to pay City obligations over the next six months. Market values on individual securities in the investment portfolio are provided by Wells Fargo Bank Institutional Trust Services using valuations from Interactive Data Pricing and Reference Data, Inc. The retiree health trust market value grew from $7.4 million to $8.4 million during the quarter, due to investment gains and a $700,000 contribution from the City. The portfolio of equity, fixed income and money market mutual funds returned 3.1% for the quarter and 10% since inception nine months ago. Short-term volatility of market value is anticipated, with positive returns expected in the long-run to fund future retiree medical obligations. 94 General Fund Budget Report Current year revenues through March are up 22% over the prior year, exceedingprojections of 14%.Sales taxes, transient occupancy taxes, and charges for services are showing particular strength. Corresponding expenditures through March are2% over last year, which is on track with last year results and this year’s projections, with budget savings anticipated by year-end. _____________________________________ Prepared by:DavidWoo, Deputy Treasurer Reviewedby:Carol A. Atwood, CityTreasurer Approved for Submission by:David W. Knapp, City Manager Attachments:Investment Portfolio Retiree HealthTrust Report Investments by Type,Rate of Return,and Compliance Charts General Fund Budget Report Expenditure and Revenue Charts 95 City of Cupertino Investment Portfolio March 31, 2011 ACTIVITY DATECOUPONYIELDADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRATE To Maturity COSTVALUEVALUEPROFIT/LOSS SECURITIES MATURED 11/23/1001/20/11US Treasury Bill0.11%0.11%3,000,0003,000,0003,000,0000 01/29/1001/31/11US Treasury Note 0.88%0.28%2,500,0002,500,0002,500,0000 04/26/1002/28/11US Treasury Note 0.88%0.39%5,000,0005,000,0005,000,0000 02/02/1103/17/11US Treasury Bill0.13%0.13%2,000,0002,000,0002,000,0000 03/26/1003/31/11US Treasury Note 0.88%0.44%5,000,0005,000,0005,000,0000 SECURITIES PURCHASED 01/19/1111/30/11US Treasury Note 0.75%0.23%3,010,3483,000,0003,010,44092 01/11/1101/31/12US Treasury Note 0.88%0.30%6,029,0606,000,0006,029,760700 02/02/1103/17/11US Treasury Bill0.13%0.13%2,000,0002,000,0002,000,0000 02/02/1102/29/12US Treasury Note 0.88%0.28%4,021,8994,000,0004,020,920(979) 03/28/1103/31/12US Treasury Note 1.00%0.27%1,007,2841,000,0001,006,680(604) 03/28/1109/30/12US Treasury Note 0.38%0.52%997,8241,000,000997,500(324) 03/28/1112/31/12US Treasury Note 0.63%0.64%999,6891,000,000999,140(549) 03/28/1103/15/13US Treasury Note 1.38%0.72%1,012,7591,000,0001,011,600(1,159) 03/28/1109/15/13US Treasury Note 0.75%0.96%995,0171,000,000993,670(1,347) CITY PORTFOLIO CASH 03/31/11Wells Fargo - Cash1,8751,8751,8750 03/31/11Wells Fargo - Workers Comp Checking19,68119,68119,6810 03/31/11Wells Fargo - Regular Checking52,26152,26152,2610 03/31/11Wells Fargo - Repurchase Agreements0.05%0.05%2,823,8172,823,8172,823,8170 2,897,6342,897,6342,897,6340 LAIF 03/31/11LAIF - State Pool0.50%0.50%595,492595,492595,4920 MONEY MARKET FUNDS 03/31/11Wells Fargo 100% Treasury0.01%0.01%5,507,6625,507,6625,507,6620 5,507,6625,507,6625,507,6620 US TREASURY SECURITIES 04/29/1004/30/11US Treasury Note 4.88%0.43%6,021,8626,000,0006,022,740878 05/27/1005/31/11US Treasury Note 4.88%0.41%5,037,1955,000,0005,039,0501,855 06/28/1006/30/11US Treasury Note 1.13%0.33%2,003,9322,000,0002,004,920988 07/28/1007/31/11US Treasury Note 1.00%0.32%2,004,5582,000,0002,005,7001,142 08/27/1008/31/11US Treasury Note 1.00%0.28%2,006,0252,000,0002,006,880855 09/28/1009/30/11US Treasury Note 1.00%0.25%2,007,4802,000,0002,008,040560 12/20/1010/31/11US Treasury Note 1.00%0.26%2,008,5982,000,0002,009,220622 01/19/1111/30/11US Treasury Note 0.75%0.23%3,010,3483,000,0003,010,44092 01/11/1101/31/12US Treasury Note 0.88%0.30%6,029,0606,000,0006,029,760700 02/02/1102/29/12US Treasury Note 0.88%0.28%4,021,8994,000,0004,020,920(979) 03/28/1103/31/12US Treasury Note 1.00%0.27%1,007,2841,000,0001,006,680(604) 03/28/1109/30/12US Treasury Note 0.38%0.52%997,8241,000,000997,500(324) 03/28/1112/31/12US Treasury Note 0.63%0.64%999,6891,000,000999,140(549) 03/28/1103/15/13US Treasury Note 1.38%0.72%1,012,7591,000,0001,011,600(1,159) 03/28/1109/15/13US Treasury Note 0.75%0.96%995,0171,000,000993,670(1,347) 39,163,53139,000,00039,166,2602,729 Total Managed Portfolio48,164,31948,000,78848,167,0482,729 Average Yield0.32% Average Length to Maturity (in years) 0.52 TRUST PORTFOLIO MONEY MARKET FUNDS Kester Trust 03/31/11Wells Institutional Money Mkt Acct0.15%0.15%48,42248,42248,4220 BOND RESERVE PORTFOLIO Bond Reserve Acct Ambac Assurance Security Bond111 96 97 98 LƓǝĻƭƷƒĻƓƷƭ ĬǤ ǤƦĻ ağƓğŭĻķ tƚƩƷŅƚƌźƚ LAIF Cash 1% Money Market 6% 12% US Treasuries 81% Rate of Return Comparison 1/81& 1/71& 1/61& 1/51& 1/41& 1/31& MBJG Dvqfsujop 1/21& 1/11& 99 Dpnqmjbodf!Tdifevmf COMPLIANCE WITH INVESTMENT POLICY City of Cupertino March 31, 2011 CategoryStandardComment Treasury IssuesNo limitComplies US Agencies No limitComplies Medium Term Corporate Bonds30% with A ratingComplies LAIF$50 millionComplies Money Market Funds20%Complies Maximum MaturitiesUp to 5 yearsComplies 10% (except for Treasuries and US Agencies) Per Issuer MaxComplies Bankers Acceptances 180 days & 40%Complies Commercial Paper270 days & 25%Complies Negotiable Certificates of Deposit30%Complies Repurchase Agreements365 daysComplies Reverse Repurchase agreementsProhibitedComplies Qbhf!3 9: General Fund Expenditures Projected vs. Actual 41-111 s d 36-111 n a s $ u o e 31-111 t h a T D - o 26-111 T - r a Qspkfdufe-!qfs!dvssfou!cvehfu e 21-111 Y Bduvbm 6-111 1 :021230214022 Month General Fund Revenues Projected vs. Actual 46-111 s d n 41-111 a s u o $ 36-111 h e T t a D 31-111 - o T - r 26-111 a e Y Qspkfdufe-!qfs!dvssfou!cvehfu 21-111 Bduvbm 6-111 1 :021230214022 Month :1 Sales Tax Projections vs. Actual %23-111 s d n %21-111 a s u o $ h %9-111 e T t a D - %7-111 o T - r a %5-111 e Qspkfdufe-!qfs!dvssfou!cvehfu Y Bduvbm %3-111 %1 :021230214022 Month Property Tax Projections vs. Actual %9-111 s d n a s u o %7-111 $ h T e t a D - o %5-111 T - r a Qspkfdufe-!qfs!dvssfou!cvehfu e Y Bduvbm %3-111 %1 :021230214022 Month :2 Transient Occupancy Tax Projected vs. Actual 3-111 s d n a s 2-711 u o $ h e t T 2-311 a D - o T 911 - r Qspkfdufe-!qfs!dvssfou!cvehfu a e Bduvbm Y 511 1 :021230214022 Month Licenses & Permits Projected vs. Actual 4-111 s d n a s u $ o 3-111 h e t T a D - o T - r 2-111 Qspkfdufe-!qfs!dvssfou!cvehfu a e Y Bduvbm 1 :021230214022 Month :3 Charges for Services Projected vs. Actual 2-611 s d n a s u $ o 2-111 e h t T a D - o T - r 611 Qspkfdufe-!qfs!dvssfou!cvehfu a e Y Bduvbm 1 :021230214022 Month Use of Money & Property Projected vs. Actual 2-111 s d n a Qspkfdufe-!qfs!dvssfou!cvehfu s u $ o Bduvbm e h t T a D - o 611 T - r a e Y 1 :021230214022 Month :4 ADMINISTRATIVE SERVICESDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4338xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Annual adoption of City Investment Policy Recommended Action Adopt the City Investment Policy as of May 3, 2011. Description No substantive policy changes are proposed. Discussion The California Government Code requires a statement of investment policy to be reviewed and adopted by the City Council on at least an annual basis. This statement is intended to provide guidelines for the prudent investment of the City’s temporary idle cash and outline the policies for maximizing the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. No substantive changes are proposed for this year’s policy. Two minor revisions, relatedto investmentperformance and security safekeeping reporting, are recommendedin order to make the overall document consistent with the move to quarterly reporting that was authorized by this policy a year ago. The changes are indicated in the attached policy. The Audit Committee acceptedthepolicy and the proposed changes onApril 21, 2011. _____________________________________ Prepared by:David Woo, Deputy Treasurer Reviewed by: Carol A. Atwood, City Treasurer Approved for Submission by:David W. Knapp, City Manager Attachments:Draft Investment Policy :5 City of Cupertino Investment Policy May 3, 2011 POLICY Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are responsible for investing the surplus funds of the City. The investment of the funds of the City of Cupertinois directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53601 through 53659. The primary objective of the investment policy of the City of Cupertino is SAFETY OF PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good f shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City of Cupertino the optimum combination of necessary liquidity and optimal yield based on cash flow projections. SCOPE The investment policy applies to all financial assets of the City of Cupertino as accounted for in the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this f control unless specifically exempted by statute or ordinance. This policy is applicable, but not limited to all funds listed below: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Internal Service Funds Trust and Agency Funds Any new fund unless specifically exempted Investments of bond proceeds shall be governed by the provisions of the related bond indentures and/or cash flow requirements and therefore may extend beyond the maturity limitations as outlined in this document.Other post employment benefit (OPEB) trust investments are governed by California Government Code Sections 53620 through 53622and trust documents. The trust has discretionary investment authority. Mutual funds,exchange-traded funds, closed- end funds, andsecuritiescomprising equities, fixed income, cash equivalents, and cash,with maturities possibly extending beyond fiveyears,are allowed investments for an OPEB trust. g:\\finance\\treasury\\investment policy and treasurer appointments\\investment policy 5-3-11 draft.doc :6 City of CupertinoInvestment PolicyMay 3, 2011 PRUDENCE applied in the context of managing all aspects of the overall portfolio. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, direction and intelligence exercise in themanagement of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized that in a well-diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market or individual security credit analysis. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long-term rate of return. The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments. OBJECTIVES The primary objectives, in order of priority, be: A.Safety of Principal Safety of principal is the foremost objective of the City of Cupertino. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment base and cash flow. 2 :7 City of CupertinoInvestment PolicyMay 3, 2011 Market risk, defined as market value fluctuations due to overall changes in the general investment portfolio (see maximum maturities) and structuring the portfolio based on historic and current cashflow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation. B.Liquidity t all operating requirements which might be reasonably anticipated and provide the City with adequate cash flows to pay its obligations over the next six months. Additionally, the portfolio should consist largely of securities with active secondary resalemarkets. C.Yield investment risk constraints and cash flow characteristics of the portfolio. MAXIMUM MATURITIES Maturities of investments will be selected based on liquidity requirements to minimize interest rate and maximize earnings. Investment of surplus funds shall comply with the maturity limits as set forth in the California Government Code 53600, et seq. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security that at the time of the investment has a term remaining to maturity inexcess of five years, unless the Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the Council no less than three months prior to the investment. Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. PERFORMANCE EVALUATION Investment performance is continually monitored and evaluated by the City Treasurer. Investment performance statistics and activity reports are generated on a monthlyquarterlybasis for presentation to the oversight (audit) committee, City Manager and City Council. 3 :8 City of CupertinoInvestment PolicyMay 3, 2011 ortance compared to the safety and a market average rate of return through economic cycles. The market average rate of return is defined as the average return on the Local Agency Investment Fund (assuming the State does not with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek to augment return above the market average rate of return. DELEGATION OF AUTHORITY The Treasurer is responsible for investment management decisions and activities per City Council Resolution. The Treasurer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the Treasurer is not present. No officer or designee may engage in an investment transaction except as provided under terms of this policy and the procedures by the Treasurer and approved by the City Manager/Council. The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. OVERSIGHT COMMITTEE An audit committee consisting of appropriate internal and external members, appointed by the City Council, shall be established to provide general oversight and direction concerning the and OPEB trust. The City Treasurer shall serve in a staff and advisory capacity. The committee shall meet at least quarterly to review policy changes, new legislation and portfolio status. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). SAFEKEEPING OF SECURITIES To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. All trades executed by a 4 :9 City of CupertinoInvestment PolicyMay 3, 2011 In order to verify investment holdings, an external auditor, on an annual basis, shall independently verify securities held in custody for the City. All exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in the monthlyquarterlyreport to City Council. INTERNAL CONTROL ongoing internal review to prevent the potential for converting assets or concealing transactions. Wire transfers shall be approved prior to being submitted to the financial institution. Wire transfers initiated by the Treasury Section mustbe reconfirmed by the appropriate financial institution to non-treasury staff. Proper documentation obtained from confirmation and cash disbursement wire transfers is required for each investment transaction. Timely bank reconciliation is conducted to ensure proper handling of all transactions. Separation of duties, transaction approvals, security, and reconciliations shall be included in the wire, receipting, and account receivable processes.Transaction controls, notifications, and reports provided by financial institutions shall be used to help implement these controls. The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by Finance on a monthly basis. An independent analysis by an external auditor shall be conducted annually to review internal control, account activity, and compliance with policies and procedures. The analysis shall be reported to the audit committee. REPORTING The City Treasurer shall prepare a quarterly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio. The report will be prepared in a manner that will report all information required under this policy and the California Government Code. The Treasurer will submit the report to Council no later than the second regular council meeting, or approximately 45days following the end of the quarter covered by the report. Following its annual or interim adoption by the City Council,this investment policy shall be remitted to the California Debt and Investment Advisory Commission. QUALIFIED BROKER/DEALERS Minimum eligibility criteria for dealers/brokers include a minimum of $1 billionin assets and a minimum of five years in business. The registration status of all dealersis checked with the National Association of Securities Dealers. 5 :: City of CupertinoInvestment PolicyMay 3, 2011 Dealers are required to acknowledge the receipt and review of the Statement of Investment Policy, to be familiar with the government code restrictions, and have experience with dealing with other municipal investors. Dealers are then selected on the basis of yields, services offered, and references obtained. They may be primary or secondary dealers. The financial institutions must submit a current annual audited financial statement to ascertain capital adequacy. COLLATERAL REQUIREMENTS Collateral is required for investments in certificates of deposit and repurchase agreements. In order to reduce market risk, the collateral level will be at least 102% of market value of principal and accrued interest. In order to conform with the provisions of the Federal Bankruptcy Code which provides for liquidation of securities held as collateral, the only securities acceptable as collateral shall be securities that are the direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency of the United States. AUTHORIZED INVESTMENTS Investment of City funds is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein: 1.United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio that can be invested in this category, although a five-year maturity limitation is applicable. 2.Obligations issued by the Government National Mortgage Association (GNMA), the Federal Farm Credit System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC). There is no percentage limitation of the portfolio that can be invested in this category. A five-year maturity limitation is applicable. 3. commercial banks) may not exceed 180 days to maturity or 40% of the cost value of the portfolio. 4.Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, may be used up to the maximum permitted by California state law. return, etc. on a monthly basis. 6 211 City of CupertinoInvestment PolicyMay 3, 2011 Investments detailed in items 5 through 10 are further restricted to percentage of the cost value of the portfolio in any one-issuer name to a maximum of 10%. The total value invested in any one issuer shall not exceed 5% of the issuersnet worth. Again, a five-year maximum maturity limitation is applicable unless further restricted by this policy. 5. Poors, and issued by domestic corporations having assets in excess of $500,000,000 and having an AA or better rating on its long- Standard & Poors. Purchases of eligible commercial paper may not exceed 270 days to maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the cost value of the portfolio. 6.Negotiable Certificates of Deposits issued by nationally or state chartered banks, state or federal savings institutions, or state or federal credit unions.These institutions may use a private sector entity to assist in the placement of the certificates of deposit under the conditions specified by the Government Code.Purchases of Negotiable Certificates of Deposit may not exceed 30% of the cost value of the portfolio. A maturity limitation of five years is applicable. 7.Repurchase agreements that specify terms and conditions may be transacted with banks and broker dealers. The maturity of the repurchase agreements shall not exceed one year. The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff and shall not be allowed to fall below 102% of the value of the repurchase agreement. A PSA Master Repurchase Agreement is required between the City of Cupertino and the broker/dealer or financial institution for all repurchase agreements transacted. 8.Reverse repurchase agreements are not authorized. 9.Certificates of Deposit (time deposits), non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks, savings and loan associations, or credit unions. Within a limit of 30% of the cost value of the portfolio, these institutions may use a private sector entity to assist in the placement of the time deposits under the conditions specified by the Government Code. 10.Medium Term Corporate Notes issued by corporations organized and operating in the United States with a maximum maturity of five years may be purchased. Securities eligible for rating services. Purchase of medium term notes may not exceed 30% of the cost value of the portfolio. 11.Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue producing property owned, controlled or operated by the local agency or by a department, board, agency, or authority of the local agency. 7 212 City of CupertinoInvestment PolicyMay 3, 2011 12.Registered state warrants or treasury notes or bonds of this state, including bonds payable solelyout of the revenues from a revenue producing property owned, controlled or operated by the state or by a department, board, agency or authority of the state. 13.Bonds, notes, warrants or other evidences of indebtedness of any local agency within this state. 14.Various daily money market funds administered for or by trustees, paying agents and custodian banks contracted by the City of Cupertino may be purchased as allowed under State of California Government Code. Only funds holding U.S. Treasury obligations, Government agency obligations, or repurchase agreements collateralized by U.S. Treasury or Government agency obligationscan be utilized and may not exceed 20% of the cost value of the portfolio. 15.Ineligible investments are those that are not described herein, including but not limited to, common stocks and long term (over five years in maturity) notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five-year limitation. On such occasions, requests must be approved by City Council prior to purchase. DEPOSITS To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than INTEREST EARNINGS All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio. POLICY REVIEW licy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. 8 213 RESOLUTION NO. 11-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE, 21856 HERMOSA AVENUE, APN 357-16-052 WHEREAS,Jagriti Mukherjee and Aniruddha Mukherjee,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 3rdday ofMay,2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino 214 215 216 217 218 10059 21915 21910 21885 21880 21855 21850 21825 2192021905 21890 21875 21860 21845 21830 21925 10015 21710 10025 10026 1002810030 10032 10035 10036 1003910040 10051 110038 0035 10042 10052 10045 10054 10046 10052 10049 10056 10048 10059 21781 10058 10061 10060 10062 10066 10068 10070 10066 10064 10071 10095 10090 21881 10101 10120 10121 10121 10131 10130 10120 10136 10140 10141 10130 10155 10156 10165 10168 10175 10181 10185 10200 10210 10205 10211 10208 10218 10228 10235 10232 10238 21835 21815 10239 21845 21805 10247 10263 10270 10260 21800 10268 10279 21736 10284 10207 21738 21744 10276 21742 1 0295 10290 10284 10261 21740 1029610292 1 0301 21730 21801 10300 10300 10310 Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 22168 22198 21856 Hermosa Ave. 10320 10330 10 326 Recommended Action: Adopt Resolution No. 11-______. 10340 22138 ¯ 219 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Municipal Improvements, Kong-Yen Han and Sue-Jane Han, 21881 Dolores Avenue. Recommended Action Accept Municipal Improvements. Discussion The applicantshavecompleted City-specified improvements in the City right-of-way including sidewalk, curb & gutter and driveway approachas required by the improvement agreement with the City. _____________________________________ Prepared by:Chad Mosley,Associate Civil Engineer Reviewed by:Timm Borden, Directorof Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: Map 21: 1004521580 10054 10046 10052 10049 10 049 10056 10057 10048 10059 21781 10058 100 55 10050 10 057 1006110060 10062 G RA NA DA 10010066100 6771 077 10068 100 73 10070 1 0066 100 1006475 10071 100 79 10061 01 218 46 100 91 10095 1 0090 2 1881 10101 101 03 0111 10062 04 101 10120 1011 15101210121 10070 10131 10130 10072 101 10120 101 2710121 5 1013 1 0136 H ER MO SA 10135 101 39 10140 1 1014 10141 10130 45 10 140 10155 101 51 10156 65 101 63 10165 10168 10176 101 75 10175 10181 101 87 1018510 190 LO MIT A 101 99 1 0200 10201 101 1095 206 102 04 10200 10 210 10102 20505 10211 102 10 10208 1010218 21710228 8 1021 21102 82517 10 235 102 22 10232 10210210238 2321 10210 25216 21835102 21 102 25 21815 10239 102 40 30 102 2 18452 1805 10 247 A LM AD EN 10 263 10 270 0 1026 21800 217 50 10261 10264 10268 10 279 21736 10284 1020710271 21738 21744 10276 12 21742 102 95 10281 10290 10284 10261 21740 1029610292 103 01 21730 21801 10300 10300 14 SAN FE RN AND O 219 79 10310 22168 10322198 15 20 103 11 103 25 30 103 103 26 103 10331 40 40 103 22138 10350 50 10351103103 51 21975 103 63 60 1036 10363 103 1036261 103 75 10374 ALC AZA R 80 103 10367 10386 103 82 103 67 103 90 22017 103 94 10398 103 99 00104 10411 104 00 05 104 10410 104 11 104 10 10434 10421 20 1045 104 23 2201610422 104 20 10422 420104 1025 10435 104 35 1045410434 104 30 D OL 104 OR 35 ES 450 1041210 10446 10445 104 40 10464 45 104 104 45 10402 10455 1045 104560 10474 4 1045 4551045 1070 10465 10392 1046 46503 10 10472 465 10 10362 104 80 10475 1047 0 10372 10382 10486 10485 10475 104 90 104951048 0 21989 21975 21987 21977 8069 8081 8083 8079 21985 21979 8071 8085 8077 21999 22015 8087 8073 8089 8075 21997 22017 219 72 8091 2171 0 21995 22019 80958093 8086 8076 8074 8097 80848078 219 76 22025 8099 8072 22035 80828080 8070 22027 8101 8103 8105 8107 8136 8134 8109 8146 811181328138 21988 8144 81308140 81138115 8142 10618 8117 8119 2184 0 8121 8129 8139 10620 8141 10630 8123 81318137 8143 8127 8125 8135 8145 8133 106 40 P RE SID IO 904 905 902 903 906 909 908 905 15 222 910 911 910 909 912 917 916 911 918 919 918 925 917 920 22076 92 492 5926 923 933 934 22066 10797 10796 Subject: Municipal Improvements, Kong-Yen Han and Sue-Jane Han, 21881 Dolores Avenue 1080 6 10817 Recommended Action: Accept Municipal Improvements 2209 0 827 10 10813 10810 1082 2 10820 10823 ¯ 221 RESOLUTION NO. 11-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF ANIMPROVEMENTAGREEMENTBETWEEN THE CITY AND DEVELOPERS,JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE, 21856 HERMOSA AVENUE, APN 357-16-052 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers,Jagriti Mukherjee and Aniruddha Mukherjee,for the installationof certain municipal improvements at21856 Hermosa Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 3rdday of May, 2011,by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino 222 Resolution No. 11- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPERS:JAGRITI MUKHERJEE AND ANIRUDDHA MUKHERJEE LOCATION:21856 HERMOSA AVENUE, APN 357-16-052 PART AFaithful Performance Bond:$2,674.00 110 2211 PART BLabor and Material Bond:$2,674.00 110 2211 PART C.Checking and Inspection Fee:$2,468.00 110 4538 PART D.DevelopmentMaintenance Deposit:$1,000.00 110 2211 PART E.Storm Drainage Fee –Basin 3$150.61 215 4073 PART F.Street Light -One-Year Power Cost:N/A 110 4537 PART G.Map Checking Fee:N/A 110 4539 PART H.Park Fee -ZONE IIIN/A 280 4083 PART I.Reimbursement Fee:N/A 223 224 225 226 227 228 229 22: 231 232 233 234 235 10059 21915 21910 21885 21880 21855 21850 21825 2192021905 21890 21875 21860 21845 21830 21925 10015 21710 10025 10026 1002810030 10032 10035 10036 1003910040 10051 110038 0035 10042 10052 10045 10054 10046 10052 10049 10056 10048 10059 21781 10058 10061 10060 10062 10066 10068 10070 10066 10064 10071 10095 10090 21881 10101 10120 10121 10121 10131 10130 10120 10136 10140 10141 10130 10155 10156 10165 10168 10175 10181 10185 10200 10210 10205 10211 10208 10218 10228 10235 10232 10238 21835 21815 10239 21845 21805 10247 10263 10270 10260 21800 10268 10279 21736 10284 10207 21738 21744 10276 21742 1 0295 10290 10284 10261 21740 1029610292 1 0301 21730 21801 10300 10300 10310 Subject: Improvement Agreement, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Ave. 22168 22198 10320 Recommended Action: Adopt Resolution No. 11-_____ 10330 10 326 10340 22138 ¯ 236 RESOLUTION NO. 11-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,VINOD BALAKRISHNAN AND RANJU RAJAN, 10447 NORTH BLANEY AVENUE, APN 316-33-111 WHEREAS,Vinod Balakrishnan and Ranju Rajan,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 3rdday ofMay,2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino 237 238 239 23: 241 242 10685 10684 10698 10697 1067810677 10671 10670 10656 10667 10668 10657 10656 10666 10657 10658 10649 10647 10648 10643 10642 10639 10626 10629 10628 10622 10615 10614 10601 10600 10587 10586 10570 10571 10575 10574 10558 10555 10556 10554 10555 10546 10545 10534 10540 10534 10544 10545 10535 10532 1052410522 10521 10522 10535 10510 10515 10514 20046 10471 10462 10463 10451 10454 10455 10446 10433 10446 10447 10438 10438 10439 19835 19821 19805 10424 10430 10431 10410 10416 10415 10404 10390 10400 10401 10401 10384 10370 10386 10385 10385 10364 10370 10371 10371 10356 10355 10344 10355 10340 10341 10341 10334 10326 10325 10325 10324 10310 10311 10311 10296 10295 10300 10304 10280 10281 10255 10266 10265 10253 10253 Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 N 10210 10208 10208 Blaney Ave. 10191 19 1019310198 10200 Recommended Action: Adopt Resolution No. 11-______. 10186 10189 ¯ 10190 243 RESOLUTION NO. 11-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,TAIPING WANG AND MEICHUAN SUN, 19089 TILSON AVENUE, APN 375-08-056 WHEREAS,Taiping Wang and Meichuan Sun,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 3rdday ofMay,2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino 244 245 246 247 248 10250 102651 10264 10265 10264 10265 10264 1 10279 10278 10278 10279 10278 10279 1 10276 10293 1 10292 10292 10293 10293 10292 1 10306 10306 10307 10307 10306 1 10311 1 10320 10320 10321 10321 10320 10325 1 10334 10334 10335 10335 10334 1 10339 10348 10348 10349 10349 10348 10 10351 10 10362 10362 10363 10363 10362 10 10374 10376 10377 10377 10376 1037510 10 1038010380 10381 10381 10380 10385 10 10395 1039410394 10395 10394 10409 10 10408 10 10409 10408 10422 10423 10422 10466 10478 19141 10490 10510 19144 10510 19090 10511 10510 18980 1054018981 10541 Subject: Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave. Recommended Action: Adopt Resolution No. 11-______. ¯ 249 10611 PUBLIC WORKS DEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: May3, 2011 Subject Stevens Creek Corridor ProjectPhase IIgrant applicationforTransportation Development Act (TDA)Article 3 Pedestrian/Bicycle Project Funding. Recommended Action Adopt ResolutionNo.11-____, authorizingallocation of TDAArticle 3 funding. Discussion The Transportation Development Act (TDA) is a source of funds created by statelegislation which annually returns to each region in the state 1/4 of 1% of salestax revenues to be used for transportation projects. A portion of thesefunds are set asideforbicycle and pedestrian projects. In order to receive fundsin the 2011-12funding cycle, the City of Cupertinomust submit an eligible project to the Santa Clara Valley Transportation Authority (VTA) and to the Metropolitan Transportation Commission (MTC).VTA has estimated that the City of Cupertino can receive up to $103,179 for an eligible project in Fiscal Year 2011-12, inclusive of banked funds from prior years.The MTC requires that the CityCouncil adopt a resolution (Attachment 1) to authorize filing for FY 2011-12TDA funding. Staff and the Bicycle Pedestrian Commission(BPC) recommend applyingthis fundingtoward implementation of the Stevens Creek Trailand associated featuresin the Stevens Creek Corridor Phase II project. Seventy percent of the annual allocation is guaranteed to member agencies based on population. For eligibility, projects must be reviewed by the City’s BicyclePedestrian Commission, includedin an approved bicycle planif a bicycle project, have environmental clearance prior to expendituresfor construction, have an authorizing resolution, and be able to beginimplementationwithin one year. The VTA reviews the submitted projectsfor eligibilityand then submits their list of recommended projects to MTC for approval. The Bicycle Pedestrian Commission (BPC) considered thisTDA funding opportunityat its March 16, 2011meeting (Attachment 2–draft BPC meeting minutes from March16). The BPC supports allocating the available TDA Article 3 funding toward design engineering and constructionof the Stevens Creek CorridorPhase II project, specificallyto extend Stevens Creek 24: Trail and provide the associated improvements that support trailuse by pedestrians and cyclists. Based on BPC’s recommendation,staff filed an application by the April 15, 2011 deadline to direct Cupertino’s available TDA fundingtoward those eligible expenses. This report requests thatthe City Council endorse using Cupertino’s guaranteedshare ofTDA Article 3funds to provide fundingtoward the design engineering and constructionforeligible elements ofProject 9134,Stevens Creek Corridor Phase II. Thisproject willprovidea new multi-use pedestrian and bicycle trail, bridge, crosswalk, parking modifications to accommodate trail users, and trailside amenities.With the Council’s endorsement of this requestand adoption of the resolution, the City can receive its share of TDA funds and apply them toward Stevens Creek Corridor Phase II. Fiscal Impact TDA Article 3 is a program that reimburses cities for the incurred costs ofapproved projects. The VTA estimates the City will receive funds in the amount of$103,179from the City Guarantee Fund apportionment. New grant revenueis a positive fiscal impact. Sustainability Impact Implementation of the new trail segment to be funded by this grant programwould fully support the City’s sustainability goals. _____________________________________ Preparedby: Gail Seeds, Stevens Creek Corridor Restoration Manager Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: Attachment1–Resolution Attachment2–Draft Bicycle Pedestrian Commission meeting minutes 251 ATTACHMENT1 RESOLUTION NO.11-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THEALLOCATION OF FISCAL YEAR 2011-12TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq.,authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, theCity of Cupertinodesires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE BE IT RESOLVED, that theCity of Cupertinodeclares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code;and furthermore,be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of theCity of Cupertinoto carry out the project;and furthermore, be it RESOLVED, that theCity of Cupertinoattests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency,or county association of governments, as the case may be, ofCounty of Santa Clarafor submission to MTC as part of the countywide coordinated TDA Article 3 claim. 252 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this rd 3day of May, 2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: __________________________________________________ City ClerkMayor, City of Cupertino 253 RESOLUTION NO.11- Attachment A Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year Re: 2011-12Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1.That the City of Cupertino is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is theCity of Cupertinolegally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2.That theCity of Cupertinohas committed adequate staffing resources to complete the project(s) described in Attachment B. 3.A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4.Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5.That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6.That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7.That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by theCity of Cupertinowithin the prior five fiscal years. 8.That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.). 9.That any project described in Attachment B that is a “Class I Bikeway,” meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10.That the project(s) described in Attachment B are ready to commence implementation during the fiscal year of the requested allocation. 11.That theCity of Cupertinoagrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 254 RESOLUTION NO. 11- Attachment B Short Title Description of Project: Stevens Creek Corridor Park, Phase II Amount of claim: $ 103,179 Description of Project: Design and construct ¼ mile of multi-use trail along Stevens Creek in Cupertino. The new trail segment will extend from Blackberry Farm Park to Stevens Creek Boulevard. The trail will be all-weather, accessible, open year-round and will serve pedestrians and cyclists. The new trail will link ¾ mile of existing trail that was completed in 2009 to VTA bus stops and bike lanes on Stevens Creek Boulevard. The project includes a new clear-span bridge over Stevens Creek. The bridge will link park land and open space on the creek’s east bank to five acres of city property on the west bank that this project will open to the public. The project includes a new trail, fencing, amenities (such as benches, signage, trash receptacles), trailside plantings, new crosswalk,and parking modifications to accommodate trail users. 255 ATTACHMENT2 DRAFT MINUTES MINUTES OF THE REGULAR MEETING OF THE BICYCLE PEDESTRIAN COMMISSION March 16, 2011 The meeting was called to order at 7:01 pm ROLL CALL: Present: Commissioners Alan Takahashi, Mark Fantozzi, Ashish Kolli, Jill Mitsch, William Chan Absent: None Staff: David Stillman VISITORS: James Wiant, VTA BPAC Gail Seeds Mike Bullock (via phone) ORAL COMMUNICATIONS Mike Bullock presented via phone the unbundling of car parking proposal. Commissioner Takahashi reports that he was in contact with Carl Hagemeyer of Los Altos BPAC regarding the 280/Foothill Striping. CalTrans will go along with what County decides. Commissioner Chan reported that Public Safety wants safe route to school maps. Mr. Stillman may need a subcommittee to go school by school to define safe routes. Commissioner Chan reported that the Teen Commission will have a walk to school week the last Wednesday in March for two weeks. Commissioner Chan reported that library parking is resolved by negotiating with private lot for after hours and weekend parking. WRITTEN COMMUNICATIONS Commissioner Chan reported that he e-mailed the new Sheriff, Carl Neusel and received slides for safety presentation for students. Bicycle accidents in 2011 are: January: 0 and February: 1. ORDERS OF THE DAY 1) Receive VTA BPAC Report: Jim Wiant The National Household Travel Survey 2011 TFCA Program Manger Fund Popular County Bike Ride workshop was discussed APPROVAL OF MINUTES 2) February 16, 2011 The Commission approved the minutes 5-0. 256 NEW BUSINESS 3) Stevens Creek Trail Update Ms. Seeds presented the report for Stevens Creek Corridor Park Phase 2 project. The project includes construction of a new segment of Stevens Creek Trail. The new segment will connect the existing trail within McClellan Ranch and Blackberry Farm parks to Stevens Creek Boulevard. Staff will report to City Council on this project in May in time for capital program funding in May/June. Ms. Seeds would like Commission to consider Phase 2 project for TDA Article 3 Funding. 4) Call for Projects, Transportation Development Act Article 3 Commissioner Takahashi moved to recommend TDA Article 3 Funding for Stevens Creek Corridor Park Phase 2. Commissioner Fantozzi seconded. The Commission unanimously approved the motion. 5) Bike to Work Day Commissioner Takahashi reported that May 12 is Bike to Work Day and the Commission will sponsor an energy station at Quinlan Community Center. The Commissioners are encouraged to volunteer at the stations. Commissioner Chan will meet with businesses that are having energizer stations to see how they are promoting the event. 6) Fun Run Pace Bike Commissioner Takahashi will close loop on plan for Pace Bike at Big Bunny Run on April 23 and finish action item by the April meeting. 7) School Bike Repair Nights Commissioner Takahashi will follow up with schools on list to confirm dates for Bike Repair dates. OLD BUSINESS 8)Hotlist Review #1 Item has closed #18 Mr. Stillman will recommend 3-way stop to Council #28 Work has begun #30 Still putting beacons in island, happening within next couple months #33 Patched, done #34 Mr. Stillman to check if loops are marked #35 Installing new loops all around in 4 directions, striping after loop, will be completed in one month #36 Mr. Stillman needs to check on this #37 Brought to Contractor (Public Works Communicated #38 Public Works to check out FUTURE AGENDA ITEMS No items were proposed at this time. 257 ADJOURNMENT Meeting adjourned at 8:55 p.m. SUBMITTED BY: Jill Mitsch, Commission Chair 258 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11-12. Recommended Action AdoptResolution Nos. 11-______ and 11-______. Description The current agreements will expire on June 30, 2011. The new agreements havebeen approved by the County of Santa Clara and presented to the fifteen cities for approval. Components of the Implementation Fee have been set at the appropriate levels to fund the AB939 and HHW programs. Discussion AB939 Implementation Fee for FY 11-12 The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County has determined that in order to fund the HHW services and expanded Universal Waste management in the fifteen cities and the unincorporated area of the County, the Fee should be set at $4.10 per ton, which includes two components, $1.50 to fund AB939 Programs and $2.60 to fund the Countywide HHW Program. This fee reflects no increase from FY 2009-10 and from FY 2010- 11. Since July 1992, the County of Santa Clara has collected a Countywide AB939 Implementation Fee (Fee) from landfills and non-disposal facilities within the County. The Fee is levied on each ton of waste delivered to the landfills and non-disposal facilities. That portion of the Fee collected on behalf of the cities of Santa Clara County (approximately $50,000 to 60,000 annually for the City of Cupertino) is distributed to the cities quarterly for the purpose of funding city-specific programs required for meeting AB939 waste stream diversion goals. 259 Countywide Household Hazardous Waste Collection program for FY 11-12 As in the past, the County recommends that the City augment its FY2011-12budgeted amount to meet estimated residential participation. The same augmentation that Cupertinobudgeted for FY 10-11,$65,000, is recommended to ensure thatits residents arenot turned away from the County’s drop-off eventsfor safe disposal of household hazardous waste. The City of Cupertino recentlystarted a pilot HHW collection program as part of its waste collection franchise Agreement with Recology. Beginning November 1, 2010, Recology began providing, by sub-contract with Waste Management Curbside LLC, door-to-door household hazardous waste collection service to Cupertino residents. Based on preliminary numbers, an average of fifty-five (55) households are using this service each month. It is too soon to determine the success of Cupertino’snew pilot HHW collection program. The sub-contracted company recently changed owners and Citystaff is beginning to evaluatethe City’s role and responsibility as a permitted residential hazardous waste collector. Therefore, staff recommends that the City continue to participate in the County HHW collection program in parallel with offering its door-to-door collection-by-appointment during fiscal year 2011-2012. Next year the County AB 939 and HHW agreements will bebrought back to Council forannual review andapproval. At that timethere will be overayear’s worth of data and residential feedback, which will helpto determine the success or drawbacks of the City’s pilotprogram. By keeping the HHW budget at $65,000 for FY 11-12, the City will provideCupertino residents with access to the County’s drive-through collection eventsin casethere are setbacks involving the pilot program. The City is invoicedannually for the residential participation that took place duringthe precedingfiscal year.The City paysonly for residents that actually participatedin the County’s drive-through events. In November 2010 the City was invoiced for $44,000 for participation in FY 09-10, leaving $21,000 in unspent budget for FY 09-10. Fiscal Impact Approvingthe AB939 Implementation Fee for FY 11-12will have no fiscal impact. Approving the Countywide Household Hazardous Waste Collection programfor FY 11-12and setting the budget at $65,000 for an additional year will ensure that Countywide HHW program is funded at the appropriate amount for Cupertino residents. _____________________________________ Prepared by:Cheri Donnelly, Environmental Programs Manager Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: A-Resolution,Agreement for CountywideAB939 Implementation Fee B-Resolution,Agreement for CountywideHousehold Hazardous WasteCollection Program C-Agreement for Countywide AB939 Implementation Fee D-Agreement for Countywide Household Hazardous Waste Collection Program 25: ATTACHMENT A RESOLUTION NO. 11-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FOR FY 11-12 WHEREAS, there has been presented to the City Council the “Agency Agreement for the Countywide AB939 Implementation Fee”, between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB939 Implementation Fee was established in 1992 to assist the fifteen cities and the county unincorporated area to fund the costs of preparing, adopting, and implementing an integrated waste management plan in each jurisdiction as specified in the agreement; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined the fee should be $4.10per ton for fiscal year 2011-12of the 1-year term of the new Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2011to June 30, 2012) and imposed on each ton of waste landfilled or incinerated within the county or generated within the county and subsequently transportedto non-disposal facilities or collection facilities located outside the county; and WHEREAS, the Agency Agreement provides for the County to administer the program to collect fees, and distribute the fees to each jurisdiction; and WHEREAS, said Agreement states the terms and conditions under which County will collect and distribute the fee for a 1-year term that beginsJuly 1, 2011, and provides for subsequent one-year extensions upon the written agreement of the County and cities; and WHEREAS, the provisions of the newAgency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the “the Agency Agreement for the Countywide AB 939 Implementation Fee for FY 11-12”and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 3rdday ofMay, 2011,by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________________ City ClerkMayor, City of Cupertino 261 ATTACHMENT B RESOLUTION NO. 11-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMFOR FY 11-12 WHEREAS, there has been presented to the City Council a new“Agreement For Countywide Household Hazardous Waste Collection Program”, between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Agreementwill provide for continued city participation in the household hazardous waste collection program for fiscal year 2011-2012; and WHEREAS, the provisions of the Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the “The Agreement for Countywide Household Hazardous Waste Collection Programfor FY 11-12” and authorizes the Mayor and the City Clerk to execute said Agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the Cityof Cupertino this 3rdday ofMay, 2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: __________________________________________________ City ClerkMayor, City of Cupertino 262 BUUBDINFOUD AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2011. The term CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and car batteries; and 1 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 263 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton in FY 2012 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and2) a HHW Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B, attached hereto and incorporated herein.The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee.COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. // // 2 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 264 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non- disposal facility payments and disposal documentation required for calculation of Fee 3 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 265 distribution amounts. Distributions shall begin December 15, 2011, and continue quarterly through October 15, 2012. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal Costs will be paid directly to the Countywide HHW Program as described in Exhibit C, Section 3. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non-disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Feeor the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 4 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 266 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2011. Said landfills and non- disposal facilities will be billed for the Fee through June 30, 2012. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of _______________________________ Contact: _______________________________ Title: _________________________________ Address:_______________________________ County of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: San Jose, CA 95112 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 5 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 267 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: “COUNTY” “CITY Signature:CITY OF ____________________________, !!!!! A municipal corporation Kevin O’Day By:!!!!!!! Director of the Department of Agriculture and Title:!!!!!!! Environmental Management!!!!!!!!!!! Date:!!!!!!!!Date:!!!!!!!!! APPROVED AS TO FORM AND LEGALITY;APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE _____________________________!!!!!!!!!!!!!!`````````````````````````````` Mark Bernal Sylvia Gallegos Deputy County Counsel!!!!Deputy County Executive Date:`````````````````````````!!!Date:``````````````````````````` 6 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 268 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Recovery Facility GreenTeam of San Jose Material Recovery Facility and Transfer Station Guadalupe Landfill Material Recovery Systems Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Transfer Station Pacific Coast Recycling, Inc. Premier Recycling Facility Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island San Martin Transfer Station Smurfit-Stone Recycling San Jose Facility South Valley Organics Stanford Recycling Center and Direct Transfer Facility Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility Zero Waste Energy Development Company Anaerobic Digestion Facility 7 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 269 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance. 8 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 26: EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, $2.60 per ton in FY 2012, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned Wastes Disposal Costs for FY 2012. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent “Population Estimates for California Cities and Counties” Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.85 per household in FY 2012. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. 9 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 271 3. ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of $110,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2012. Therefore it is not necessary to apportion any of the Fee for FY 2012 for abandoned waste disposal costs. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of fixed program cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, universal waste collection, emergency HHW services, funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive 10 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 272 their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandoned waste cost, described above. If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. 11 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 273 EXHIBIT D SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program 12 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 274 for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 13 AB 939 IMPLEMENTATION FEE FY 2012 AGENCY AGREEMENT FOR COUNTYWIDE 275 BUUBDINFOUE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the _______________(CITY) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2011. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the County Board of Supervisors approved on February 7, 2006 to modify the Countywide Household Hazardous Waste Program to include the collection and management of electronic waste (e-waste) which includes, butnot limited to, radios, televisions, computers, printers, monitors, photocopying machines, fax machines, oscilloscopes, computing accessories; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2012; and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2012 on each ton of waste AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 1 276 landfilled or incinerated within the county, received at any non-disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1.PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2.PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, $2.60 per ton in FY 2012, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance of approximately $110,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2012. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent “Population Estimates for California Cities and Counties” Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 2 277 The projected Fiscal Year 2012 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. 3.FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2012. Estimated HHW Fixed Costs for FY 2012 are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of approximately $110,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events,or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 3 278 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 8. PROGRAM PUBLICITY The CoHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure will also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: Serving as the formal contact to thelocal media such as local newspapers and television news stations; Providing participating jurisdictions with educational materials developed for the CoHHW Program; Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and, Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; Providing the CoHHW Program with a copy of locally produced materials; and, AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 4 279 Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 10. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at the following two County Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale, and 13055 Murphy Avenue, San Martin. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. The fees collected by the COUNTY are established in Attachment D, Santa Clara County CESQG Drop-off Price List.The COUNTY retains the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 5 27: discretion to change the Santa Clara County CESQG Drop-off Price List at any time to reflect increases or decreases in CoHHW Program costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e), as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 6 281 282 COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2012 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 20. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY’s available funding allocation. 21. ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e-waste) from residents and businesses throughout the county.A contractor has been selected to perform services and shall reimburse the County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 22. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 23. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment E sets out CITY and COUNTY responsibilities for the collection of AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 8 283 household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 24. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 28 of this Agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 25. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment F, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 26. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2012. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 9 284 It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream inproportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Car at approximately $67. 27. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 28. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 10 285 treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 29. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 30. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 31. EXTENSION OF TERM This Agreement may be extended for succeeding one-year term if COUNTY and participating jurisdictions so agree in writing. 32. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 11 286 34. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 36. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of ______________ City Representative ______________________ Representative's Title ______________________ City Address ______________________ ______________________ ______________________ Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 Attachments: A Projected FY 2012 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for FY 2012 C HHW Schedule of Collection Events for FY 2012 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan F Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 12 287 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: “COUNTY” “CITY Signature:!!!!!!CITY OF _____________________, A municipal corporation By:!!!!!!! Kevin O’Day Title:!!!!!! Director of the Department of Agriculture and Environmental Management!!!!!!!!!!! Date:!!!!!!!!Date:!!!!!!!! APPROVED AS TO FORM AND LEGALITY;APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE _____________________________!!!!!!!!!!!!!!````````````````````````! Mark Bernal Sylvia Gallegos Deputy County Counsel!!!!Deputy County Executive Date:`````````````````````````!!!Date:``````````````````````! AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM 13 288 25 )%975* )%6-197*)%9-::8*)%4-663* )%23-3:6*)%22-678*)%21-:87*)%24-963*)%32-9:6*)%36-554* 289 Attachment A: Projected FY 2012 AB 939 HHW Fee Funding Allocation by Jurisdiction !!!!!!!!!!!!!!!38-754/9%82-985%42-541%56-642!!!!!!!!!!!!!!!41-754/58%8:-784%48-66:%65-51:!!!!!!!!!!!!!!!45-7:3/89%:1-312%38-659%4:-:19%33-856!!!!!!!!!!!!!!!29-747/18%59-565%31-252%3:-288!!!!!!!!!!!!! !!3-13:/91%6-388%6-93:%9-556!!!!!!!!!!!!!!!29-292/:1%58-384%35-141%45-922!!!!!!!!!!!!!!!61-4:4/32%242-133%46-:23%63-135%54-197!!!!!!!!!!!!!!!!!952/36%3-298%3-455%4-4:7!!!!!!!!!!!!!!!37-739/65%7:-345% 35-118%45-889%21-559!!!!!!!!!!!!65-848/:8%253-42:%73-715%:1-7:2!!!!!!!!!!!!65-594/85%252-769%87-344%76-536!!!!!!!!!!677-297/:5%2-583-197%692-583%953-459%59-377!!!!!!!!!!!!223-633/::%3:3-671%94-257%23 1-561%99-:74!!!!!!!!!!!!!!!25-131/86%47-565%31-655%3:-872!!!!!!!!!!!!99-879/25%341-8:8%214-2:8%25:-5:7!!!!!!!!!!!!4:-489/71%213-495%63-314%86-735 1,139,790$2,963,454$1,111,967$1,687,081$164, 406 6/1/2010Share$2.60$67/carFund Number of 4% ofTotal Tons of Waste AnnualFixed Cost Est VariableCity Hjmspz25-9:26:7 Njmqjubt2:-523887 Qbmp!Bmup39-5562-249 Tbsbuphb22-216555 Mpt!Bmupt21-998546 Tbo!Kptf425-41:23-683 Dbnqcfmm27-:9:791 Dvqfsujop31-413923 Mpt!Hbupt23-:9:631 Tvoozwbmf66-8933-342 Npshbo!Ijmm23-:8862: Tboub!Dmbsb55-:552-8:9 Npouf!Tfsfop2-37862 Mpt!Bmupt!Ijmmt4-262237 Npvoubjo!Wjfx44-9512-465 Vojodpsqpsbufe39-3292-23: JurisdictionHouseholdsHHsfor AB939 FeeRevenue$1.85/HHCost atDiscretionary Fiscal Years 2012 at 4% of Households Countywide Totals629,50825,180 26 $5,000$5,000$2,500 $10,000$30,000$28,000 $846,225$169,245 FY 2012 28: INQN-Ts/!INT-!/6!BNB-!4!INU-Bddu-!Ts!NB31&!pg!Tbmbsz!bcpwfTvoozwbmf BUUBDINFOU!C!!!!!!!Ftujnbufe!IIX!Qsphsbn!Gjyfe!Dptut!Gps!Gjtdbm!Zfbs!3123! FIXED COST Staff Salary And BenefitsCounty Admin OverheadCounty CounselPhones and Communications$10,000Facilities Lease CostsVehicle Lease CostsSoftware LicenseOffice Supplies and postage$6,000MaintenanceStaff TrainingESTIMATED ANNUAL TOTAL $1,111,970 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012 Type of Event 2011/MonthDayDateLocationCounty Holidays/ Notes JulySaturday2No EventNo EventFOURTH OF JULY Gsjebz9Tbo!NbsujoQfsnbofou Tbuvsebz:Tbo!NbsujoQfsnbofou Tbuvsebz27TvoozwbmfQfsnbofou Saturday23San JoseTemporary Saturday30Santa ClaraTemporary August Gsjebz 5 Tbo!NbsujoQfsnbofou Tbuvsebz 6 Tbo!NbsujoQfsnbofou Saturday13San JoseTemporary Tbuvsebz31TvoozwbmfQfsnbofou Gsjebz 26 Tbo!NbsujoQfsnbofou Tbuvsebz 27 Tbo!NbsujoQfsnbofou SeptemberSaturday3No EventNo EventSEPT 5/LABOR DAY Saturday10San JoseTemporary Tbuvsebz28TvoozwbmfQfsnbofou Saturday24Santa ClaraTemporary October Gsjebz41Tbo!NbsujoQfsnbofou Tbuvsebz2Tbo!NbsujoQfsnbofou Saturday8No EventNo EventOCT 10/COLUMBUS DAY Tbuvsebz26TvoozwbmfQfsnbofou Saturday22San JoseTemporary Saturday29CupertinoTemporary November Gsjebz5Tbo!NbsujoQfsnbofou Tbuvsebz6Tbo!NbsujoQfsnbofou Saturday12San JoseTemporary Tbuvsebz2:TvoozwbmfQfsnbofou Saturday26No EventNo EventTHANKSGIVING December Gsjebz3Tbo!NbsujoQfsnbofou Tbuvsebz4Tbo!NbsujoQfsnbofou Gsjebz:Tbo!NbsujoQfsnbofou Tbuvsebz21Tbo!NbsujoQfsnbofou Saturday17San JoseTemporary Saturday24No EventNo EventCHRISTMAS 2012/JanSaturday31No EventNo EventNEW YEARS Gsjebz7Tbo!NbsujoQfsnbofou Tbuvsebz8Tbo!NbsujoQfsnbofou Saturday14San JoseTemporary Tbuvsebz32TvoozwbmfQfsnbofou Saturday28Santa ClaraTemporary 27 291 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012-continued 2012/MonthDayDateLocationType of EventCounty Holidays/ Notes February Gsjebz4Tbo!NbsujoQfsnbofou Tbuvsebz5Tbo!NbsujoQfsnbofou Gsjebz21Tbo!NbsujoQfsnbofou Tbuvsebz22Tbo!NbsujoQfsnbofou Tbuvsebz29TvoozwbmfQfsnbofou Saturday25San JoseTemporary March Gsjebz3Tbo!NbsujoQfsnbofou Tbuvsebz4Tbo!NbsujoQfsnbofou Gsjebz:Tbo!NbsujoQfsnbofou Tbuvsebz21Tbo!NbsujoQfsnbofou Tbuvsebz28TvoozwbmfQfsnbofou Saturday24San JoseTemporary Saturday31No EventNo EventCESAR CHAVEZ DAY April Gsjebz7Tbo!NbsujoQfsnbofou Tbuvsebz8Tbo!NbsujoQfsnbofou Saturday14Los AltosTemporary Tbuvsebz32TvoozwbmfQfsnbofou Saturday28Santa ClaraTemporary May Gsjebz5Tbo!NbsujoQfsnbofou Tbuvsebz6Tbo!NbsujoQfsnbofou Saturday12San JoseTemporary Tbuvsebz2:TvoozwbmfQfsnbofou Saturday26No EventNo EventMAY 28/MEMORIAL DAY June Gsjebz2Tbo!NbsujoQfsnbofou Tbuvsebz3Tbo!NbsujoQfsnbofou Gsjebz9Tbo!NbsujoQfsnbofou Tbuvsebz:Tbo!NbsujoQfsnbofou Tbuvsebz27TvoozwbmfQfsnbofou Saturday23San JoseTemporary Saturday30MilpitasTemporary *SUBJECT TO CHANGE11/3/2010 28 292 29 T FREE$3.00/GAL$5.00 EACH$2.00/LB$2/LB$1.25 EACH$7.OO/GAL$10/GAL$10/1 GAL CONTAINER16.4 OZ/$5 OR 5 GAL/$10 EAREFER TO LANDFILLS$11.55/GAL$0.15/FT$2 EA$1.50 EA$10 SMALL & $20 LARGE$40.00$40.00/HR. T + MUST BE BOXED AND LABELED ETC , 293 INK (LIQUID), FLUX, OIL & WATER, + MUST BE BOXED AND LABELED + MUST BE BOXED AND LABELED + DO NOT MIX$15/GAL CONTAINER DESCRIPTION OF WASTESESTIMATE COS (PER HOUR WHEN APPLICABLE) CHARGED BY LIQUID AMOUNT (BULKED)$8.00/GALCHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT$2/QUART CONTAINERCHARGED BY LIQUID AMOUNT$10.00/GALCHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT$2/QUART CONTAINER ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, MEK, (Li-Ion batteries must be taped) (MOST TODAY ARE NON-PCB-->GOES TO E-WASTE RECYCLER) SANTA CLARA COUNTY CESQG DROP-OFF PRICE LIS BASED LATEX/WATER- OIL BASE PAINT MOTOR OIL ANTIFREEZE, TRANSMISSION FLUID, HYDRAULIC FLUIDCAR BATTERIESPCB BALLASTSMIXED BATTERIES POURABLE LIQUIDS:POURABLE LIQUIDS WITH SOLIDS:PROPANE TANKSTREATED WOODPAINT CHIPSFLUORESCENT TUBESSODIUM & HID BULBSCOMPACT FLUORESCENT BULBS (U, Circ, CFL)FIRE EXTINGUISHERSFIXER & DEVELOPERMINIMUM CHARGE FOR ANY DROP-OFF regardless of type or quantity of wasteHOURLY OFFICE/SITE FEE AEROSOL CANSKEROSENE, DIESEL, CLEAN PAINT THINNER (SLUDGE FREE)DIRTY PAINT THINNER (W/SLUDGE), MACHINE OIL, COMPRESSOR OILADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, EPOXY PART A (RESIN),$2/QUART CONTAINERINK(POWDERED), EPOXY, RESINSCONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL$50/5 GAL CONTAINERLAB CHEMICALS, POISONS, BASES, ACIDS, NON-CORROSIVE AQUEOUS SOLUTIONS,$20/1 GAL CONTAINER,GLUTARALDEHYDE, PHOTOCHEMICALS, NEUTRAL CLEANERS,$100/5 GAL CONTAINER,COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL(LIQUID) ORFILTERS, ABSORBENT, CONTAMINATED SOIL, CHLORINATED LIQUIDS, REFRIG. OIL,$2/LB (SOLID)FREON, COLD STERILE, VAPO STERILE, CONTAMINATED OIL, DEGREASER,EPOXY PART B (HARDENER), MERCURY WASTE, ASBESTOSCONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIALPAINT RELATED MATERIALS (OILY RAGS, FLAM LIQUIDS SMALLER THAN 1 GALLON,ETC)$10/GAL CONTAINERPRICES AS OF 3/13/2009. PRICES SUBJECT TO CHANGE. FOR QUESTIONS PLEASE CALL (408) 299-7300. Y OTHER RECYCLE AEROSOL LAB PACK W/ SOLIDS W/O SOLIDS LATEX PAINT LAB PACK PRM FLAMABLE LIQUID HAZARD CATEGOR FLAMABLE LIQUIDS Attachment D: Attachment E HOUSEHOLD HAZARDOUS WASTE COLLECTION PLAN EMERGENCY 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2: 294 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program’s hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale San Martin, 13055 Murphy Ave, San Martin 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 31 295 Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city’s responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, thenfederal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process:The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 32 296 Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D’Arcy Hazardous Materials Program Manager 408-918-1967 Responsibility:Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841 (voice/TDD) OES - Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) CHEMTREC Emergency number (800) 424-9300 Non-emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 33 297 BuubdinfouG EXHIBIT B-2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/2002 1 34 298 EXHIBIT B-2D (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: ÐCounty of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.Ñ Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the Rev. 4/2002 2 35 299 EXHIBIT B-2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. Rev. 4/2002 3 36 29: EXHIBIT B-2D (revised) c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or Rev. 4/2002 4 37 2:1 EXHIBIT B-2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. Rev. 4/2002 5 38 2:2 OFFICE OF THE CITY CLERK DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4334!!!xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Consider renewing the voluntary cap of $28,000for campaign expenditures in the 2011 City Council election. Recommended Action Adopt the attached resolution setting a voluntary expenditure cap of $28,000for the election of 2011, or provide other direction to staff. Description Beginning in 1997, the City Council has set voluntary campaign expenditure limits for each election. There will be no expenditure limit, voluntary or otherwise,unless the Council takes action to set a limitfor the 2011 election. Discussion If a limit is established for the 2011 election, it would be voluntary and would have no force of law. If candidates indicate in writing their intention to abide by the limitation, a black diamond will beprinted by their names in the sample ballot. First-class postage costs have increased from $.41 to $.44 since May of 2007, and Cupertino’s population increased by 593 from 2009 to 2010 to a total of 56,431. (The 2011 estimates are not yet available from the Department of Finance). ELECTION YEARVOLUNTARY NOTES EXPENDITURE LIMIT 1997$15,000 1999$20,000Rancho Rinconada Annexation 2001$20,000 2003$20,000 2005$26,000Postage increases Garden Gate and Monta Vista Annexations 2007$26,500Postage increases 2008 Special Election$26,500 2009$28,000Postage increases 2:3 _____________________________________ Prepared by: Kimberly Smith, City Clerk Approved for Submission by:David W. Knapp, City Manager Attachments:A. Draft Resolution 2:4 Attachment A RESOLUTION NO. 11-070 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A VOLUNTARY EXPENDITURE LIMIT FOR THE NOVEMBER 8, 2011ELECTION WHEREAS, the City Council adopted Resolution No. 09-036which established a voluntary expenditure limit of $28,000for the November 2009 election. WHEREAS, on November 8, 2011,a General Municipal Election will be heldto fill vacant seats, and the City Council also wishes to apply an expenditure limit of $28,000 to that election. NOW, THEREFORE, BE IT RESOLVED: 1)Candidates for City Council are requested to limit their campaign expenditures to $28,000for the City Council election of 2011. 2)Any non-monetary contribution is deemed to be a campaign expenditure made by the receiving committee on the date of receipt, and it counts against the voluntary expenditure limits established by this resolution if an expenditure for equivalent goods or services would have been a campaign expenditure describedin Attachment A. The amount of the expenditure shall be the fair market value of the contribution on the date of receipt. 3)The voluntary expenditure limit does not establish a recommended voluntary campaign expenditure ceiling within the meaning of Government Code section 85400 etseq. It is the intent of the City Council, in adopting this resolution, not to trigger the enhanced campaign contribution limits contained in Government Code section 85402(a) et seq. 4)In the event that any candidate wishes to abide by the campaign contribution limit requested by the City Council, he or she may file with the City Clerk a written notice of his or her intent to limit his or her campaign expenditures to $28,000 for the 2009election, and such intent will be indicated in the official voter’s pamphlet. 5. The cost of printing and translating Candidate Statements shall not be counted against the voluntary expenditure cap of $28,000. 6. The provisions of this resolution have no force of law. 2:5 Resolution No. 11-Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of rd Cupertino this3day of May, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _______________ City ClerkMayor, City of Cupertino 2:6 Resolution No. 09-036Attachment APage 3 1.Expenditures related to mailing or distribution of campaign literature, signs, buttons, bumper stickers and similar items, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 2.Expenditures related to publications in broadcast, print or electronic media shall be allocated to the next election following the date(s) specified in the contract for broadcast, publication, or dissemination or, if the election is held on the date specified for publication, broadcast, or dissemination, to the election held on that date. 3.Expenditures related to telephone banks, including costs of design and operation, costs of installing or renting telephone lines and equipment, toll charges, personnel costs, rental of office space, and associated consultants' fees, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 4.Expenditures on professional services, including fees and costs of campaign consultants and pollsters, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditure was made, to the election held on that date. In the event that a contract for professional services allocates specific fees and costs to particular elections, the terms of the contract will govern allocation of expenditures to each election. If a contract provides for a bonus payment should the candidate win a particular election, the bonus payment is an expense of the election whose result triggers the payment obligation. 5.Overhead expenditures, including expenditures related to the lease of office space, payments for utilities, rental or purchase of office equipment and furnishings, miscellaneous supplies, costs of internal copying and printing, monthly telephone charges, personnel costs, and candidate or staff travel expenses, shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditures were made, to the election held on that date. 6.Expenditures related to campaign fundraising shall be allocated to the election for which the funds were raised. If fundraising expenditures cannot be assigned in this manner to a particular election, fundraising expenditures shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expense was incurred, to the election held on that date. 7.Unless there is a clear indication to the contrary, campaign expenditures not described in subdivisions (a)(1) through (a)(6) shall be allocated to the next election following the date(s) on which the expenditures were made or, if the election is held on the date when the expenditure was made, to the election held on that date. Refunds of any expenditure on goods or services not provided to or used by the campaign shall becredited to the election for which the expenditure would otherwise have been allocated. 8.The candidate shall maintain records establishing that his or her allocation of campaign expenditures was consistent with this resolution. 2:7 COMMUNITY DEVELOPMENT DEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4419xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subject Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action Conduct public hearing; and 1. Adopt Resolution No. 11-____approvingthe allocations for the use of the 2011-2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011-12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Description This is the second of two required public hearings regarding use of 2011-12 CDBG funds, HumanService grants and FY 2011 Annual Action Plan Background The City of Cupertino is expecting to receive a CDBG entitlement of approximately $353,012 for fiscal year 2011-12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $363,312. The allocation represents an approximate decrease of 16%from last fiscal year’s entitlement.On April 5,2011,the City Council held the first public hearing for both the allocation of CDBG funds and the Annual Plan. The Annual Plan has been in distribution since March 11,2011and no comments have been received. It isthereforerecommended that the City Council adopt both the Annual Plan and the allocations as recommended by the Housing Commission Below are summariesof the Housing Commissionactions and basic information regarding the content and purpose of the Annual Actual Plan. Cupertino Housing Commission: On May 18, 2010, the City Council approved a revised Citizen Participation Plan as part of its 2010-2015Consolidated Plan. Prior to expending CDBG dollars, the City is required to have a Citizen Participation Plan, Consolidated Plan and an Annual Plan in place. As part of the revised Citizen Participation Plan, the City declared that the Cupertino Housing Commission would serve as the advisory body on CDBG matters. The Housing Commission’s responsibility is to make recommendations on policy, evaluate proposals received and make funding recommendations to the City Council. 2:8 May 3, 2011Page 2of 2 Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan On March 10, 2011, the Housing Commission met and conducted a public hearing on the FY 2011-12 CDBG and Human Service funding allocations. The recommendations from the Housing Commission are shown in Attachment B, Summary of Funding Allocations. FY 2010-11Annual Action Plan: Federal regulations require that each entitlement jurisdiction prepare an Annual Action Plan th and submit the plan no later than May 15of each year. The Annual Action Plan is a one- year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2011-2012) and theirrelationship to the priority housing, homeless and community development needs outlined in the approved Consolidated Plan. Furthermore, Federal regulations require the plan be made available for 30 days for public review and comment. The FY 2011-2012 Annual Action Plan (Attachment C) was released for public review on March 11, 2011 for the 30-day review period. A notice was placed in the local paper informing the public of its availability. TheMay 3, 2011 meeting is thefinal public hearing to approve the Annual Action Plan, with funding recommendations,for submittal to HUD. Fiscal Impact The City of Cupertino is expecting to receive $353,012for fiscal year 2011-12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $363,312.Since HUDhas not releasedthe 2011 allocations yet, any decrease in the City’s entitlement will be reflected in a proportional decrease to all public service agencies. Rebuilding Together Silicon Valley and Senior Housing Solutions will not be affected by a decrease since they qualify for Affordable Housing Funds which will be used to make up any decrease in CDBG funding. _____________________________________ Prepared by: Vera Gil, Senior Planner Reviewed by: Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachments: Attachment A: Resolution No. 11- AttachmentB: Summary of Funding Allocations AttachmentC: Fiscal Year 2010-11Annual Action Plan 2:9 DRAFTRESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE 2011-12ANNUAL ACTION PLAN AND THE USE OF NINTH PROGRAM YEAR (2011-12) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND HUMAN SERVICE GRANTS WHEREAS, theHousing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant program and Human Services Grants; and WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement Jurisdiction under said Act; and WHEREAS, the City of Cupertino understands that it shall receiveapproximately$353,012in CDBG funds,plus a reallocation of $10,300 in projected program income from for a total of $363,312; and WHEREAS, the City of Cupertino is required to submit an Annual Plan prior to being allowed to expend said funds; NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby certifies that the projects being proposed for funding meet the certifications outlined in Section 570.303 of the Community Development Block Grant Administrative Regulations; and BE IT FURTHER RESOLVED that the City of Cupertino hereby approves the 2011-12Annual Plan and the use of ninthprogram year (2011-12) Community Development Block Grant (CDBG) funds and Human Service Grants; and BE IT FURTHER RESOLVED that the public service grant and human service grant allocations will be decreased/increased based on final budget allocations. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the project proposals and the 2010-11Annual Plan approved by the City Council to HUD; and BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute the agreements for allocation of ninthprogram year (2011-12) Community Development Block Grant funds. PASSED AND ADOPTED at a regular meeting of the City Councilof the City of Cupertino this rd 3day of May, 2011by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: City ClerkMayor, City of Cupertino 2:: 311 BUUBDINFOUD DJUZ!PG!DVQFSUJOP! Fiscal Year 2011 Annual Action Plan Qsfqbsfe!cz!uif!Efqbsunfou!pg!Dpnnvojuz!Efwfmpqnfou! 21411!Upssf!Bwfovf! Dvqfsujop-!DB!!:6125! Bbsuj!Tisjwbtubwb-!Ejsfdups! Bqqspwfe!cz!Djuz!Dpvodjm! Nbz!4-!3122! Sftpmvujpo!22.! Gps!jogpsnbujpo!sfhbsejoh!uijt!epdvnfou-!qmfbtf!dpoubdu;! Wfsb!Hjm-!Tfojps!Qmboofs! Qipof;!!)519*!888.4362! E-mail:verag@cupertino.org 312 EXECUTIVE SUMMARY The Action Plan is an annual plan, which the City of Cupertino, as lead agency, oversees pursuant to the goals outlined in the Consolidated Plan. The Action Plan details the activities Cupertino will undertake to address the housing and community development needs and local objectives using funds received during that program year from the Community Development Block Grant (CDBG) plus anticipated Program Income. The Action Plan consists of HUD- developed forms plus a supplemental narrative. The largest portion of the CDBG resources continues to be used for housing and homeless programs available on a citywide basis. Fair housing activities and administrative costs will not exceed 20% of the annual allocation. Evaluation of Past Performance Over the course of fiscal year 2010/2011 the City of Cupertino anticipates providing financial assistance to 4 affordable housing units through the use of CDBG funds. The funds will be used to assist in the construction of four units by Habitat for Humanity of local CHDO. The portion of CDBG funds that will be allocated to public service subrecipients will be used to provide approximately 800 persons with food, clothing and housing counseling, 90 days of shelter to 80 homeless and adult day care to 11 households. Cupertino was successful in addressing a majority of the goals and objectives cited in the fiscal year 2010/11 Annual Action Plan. Most of the CDBG funds were used to carry out activities that benefit low and moderate-income persons. Only CDBG administration funds and a portion of ECHO’s fair housing funds did not directly serve low and moderate-income persons. Some of the funded activities include fair housing, senior services, food and clothing and emergency housing. These activities continue to make a positive impact on identified needs and are providing services that might have gone unmet. As can be expected, community needs continue to exceed the available resources. INTRODUCTION The Annual Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2010-2011) and their relationship to the priority housing, homeless and community development needs outlined in the Consolidated Plan. FEDERAL RESOURCES The City of Cupertino’s Annual Action Plan for the 2011-12 Program Year is a comprehensive approach to addressing the immediate community needs of people who are very low and low income. The Action Plan is based on a Community Development Block Grant (CDBG) entitlement of $353,012 that the City anticipates will be received from the federal Department of Housing and Urban Development (HUD) and $10,300 in program income. Exhibit A describes the agencies proposed to receive funding in the 2011-12 fiscal year. Also detailed in the exhibit are the goals and proposed funding amount for each of the agencies. 313 Anticipated CDBG program income during the 2011-12 Program Year is estimated to total $10,300 derived from outstanding rehabilitation program loans. A portion of that program income will be allocated to support Public Service activities and administration. The city of Cupertino will allocate $64,950 to public service activities. Consistent with CDBG regulations, this amount represents no more than 15% of the combined total of the City's projected 2011-12 Program Year income and the 2011-12 entitlement. In 1999 HUD informed the Santa Clara County that the San Jose Metropolitan Statistical Area is one of the high-income areas where the income limits were increased to the actual 80% of median income, adjusted for household size. The City of Cupertino will continue to use the actual 80% of median income limits for all of its CDBG programs in the 2010 Program Year. Individual activities may use a lower income eligibility criterion. OTHER RESOURCES Housing Mitigation Program The Office and Industrial Mitigation Program acknowledges housing needs created by the development of office and industrial projects. A fee is applied to new square footage of office and industrial development in the City. The fees collected are deposited in the City's Affordable Housing Fund and are to be used for the provision of affordable housing. The City's Residential Mitigation Program applies to all new residential development of one unit or greater. Residential developers are required to designate at least 15% of the units in an ownership development as affordable and are required to pay a mitigation fee for rental developments. These designated units are identified as the "BMR" (Below Market Rate) units. For ownership developments of six or fewer units or in the case of all rental developments, the developer may pay a fee in-lieu of building the affordable units. All affordable units developed under the BMR program must remain affordable for 99 years from the date of first occupancy and, if for sale units are resold during that period, a new 99 year time period is established. The City administers the Affordable Housing Fund, which is currently supported with fees paid through the Housing Mitigation Program. Potential options for use of the housing funds include: a. Development of new affordable units. b. Conversion of existing market rate units to affordable units. c. Down payment assistance programs. d. Second mortgage programs. West Valley Community Services– West Valley Community Services (WVCS) is a non-profit organization that assists in administering housing programs on behalf of the City of Cupertino. WVCS administers the Rotating Shelter Program for homeless individuals and also manages a transitional housing facility. Further, WVCS acts as the administrative agent on behalf of the City in managing and monitoring the BMR program. Housing Trust of Santa Clara County (HTSCC) – The HTSCC is a public/private venture, dedicated to increasing affordable housing in the Silicon Valley. The Trust makes available funds for developers to borrow for the construction of the affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to assist in the development of Vista 314 Village, a 24-unit affordable apartment complex constructed by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed $25,000 in 2008 and 2009. "Move In For Less" Program - In cooperation with the Tri-County Apartment Association, this program recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners/managers who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. This reduced security deposit hopefully makes it more financially feasible for a teacher to move into rental housing. Mortgage Credit Certificate (MCC) Program -The MCC program provides assistance to first- time homebuyers by allowing an eligible purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Second Unit Program -- The City's Second Unit Ordinance allows an additional unit to be built on any single-family residential parcel. The objective of this Ordinance is to encourage additional units on already developed parcels, such as parcels with single-family dwellings. Santa Clara County Affordable Housing Fund (AHF) In July 2002, the Santa Clara County Board of Supervisors created an Office of Affordable Housing and established a housing trust fund in the amount of $18.6 million to be used for affordable housing developments. The primary goal of the fund is to leverage funding with other sources and create affordable housing in Santa Clara County. Section 8 The Housing Authority of the County of Santa Clara (HACSC) provides rental subsidies and develops affordable housing for low-income families, seniors and persons with disabilities living in Santa Clara County, California, the heart of Silicon Valley. This past year, the Housing Authority provided voucher assistance to 74 Cupertino households. Density Bonus Ordinance -- The City's Density Bonus Ordinance allows a 25% increase in density for developments greater than 5 units that provide a proportion of units for very low or low-income households or housing for senior citizens. In addition to the density bonus, certain concessions can also be provided to the development, which can include: a.Reduction of Parking Requirements, b.Reduction of Open Space Requirements, c.Reduction of Setback Requirements, d.Approval of Mixed Use Zoning, e.Reduction of Park Dedication Fees, f.Reduction of application or construction permit fees, or g.Provision of tax-exempt or other financial assistance. 315 CITIZEN PARTICIPATION The Housing Services Division of the Community Development Department is the lead agency for overseeing the development of the Consolidated Plan and Annual Action Plan. This Annual Action Plan development process began with an advertised public hearing, held by the Cupertino Housing Commission on March 10, 2011 to make funding recommendations to the City Council. In addition, to the public notice, written notification of the hearing was made to numerous non-profit service agencies and the city’s CDBG Steering Committee for the purpose of gaining greater input for determining the best use of anticipated federal funds for addressing community needs. The City Council held two advertised public hearing on April 5, 2011 and May 5, 2011, to determine the allocation of CDBG funds for the 2011 Program Year. The Annual Plan 30 day public review period occurred March 11, 2011 through April 11, 2011. The City did not receive any public comments. CONSULTATION WITH OTHER JURISDICTIONS As standard practice, CDBG entitlement jurisdictions from throughout Santa Clara County meet at least quarterly to discuss issues of common interest. Meeting agendas cover such topics as projects receiving multi-jurisdictional funding, performance levels and costs for contracted public services, proposed annual funding plans, HUD program administration requirements, and other topics of mutual concern. These quarterly meetings provided the opportunity for the City to consult with other jurisdictions on its proposed use of federal funds for the 2011 Program Year. CONSOLIDATED PLAN (CON PLAN) PRIORITIES The City of Cupertino adopted a new Consolidated Plan on May 18, 2010 with the priorities listed in Table 2A and 2B. These tables are attached and incorporated by reference as Exhibit B of this document. GEOGRAPHIC DISTRIBUTION A map outlining geographic areas considered to be of low and moderate-income concentration is included as part to this submittal. In the map, three Census tracts indicate a higher percentage of low/mod population than all other Cupertino Census tracts. It is from these three Census tracts that the City of Cupertino recruits three representatives of the CDBG Steering Committee. Funding support for the listed projects is based more on expressed need within the community rather than upon geographical priority. ANTI-POVERTY STRATEGY In a continuing effort to reduce poverty, the city of Cupertino will make it a priority to fund agencies that provide direct assistance to the homeless and those in danger of becoming homeless and make a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Depending on funding availability, Cupertino will continue to provide assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive 316 services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children among others. Coordinate with public agencies providing job training, life skills training, lead poisoning prevention and remediation and other education programs that listed in the City’s Consolidated Plan strategies. HOMELESS AND SPECIAL NEEDS In previous years, the City of Cupertino appropriated $20,000 in CDBG funds for the Sobrato Family Living Center Project and contributed to the Home Safe-Santa Clara providing transitional housing for survivors of domestic violence who are considered at-risk for homelessness. Most recently, in a 2008 mid-year reallocation, the City contributed $800,000 to Maitri, a non-profit agency providing transitional housing to victims of domestic violence, for the purchase of a four-plex in Cupertino. In addition to these capital project subsidies, the City will fund public service activities related to homelessness. During the 2011 program year, the city will provide $19,014 to the Haven to Home Program to provide support services to Cupertino. The City of Cupertino will also continue to coordinate services to the homeless through such inter-agency efforts as the Collaborative, Help House the Homeless, and the Community Technology Alliance and support the regional Continuum of Care. Cupertino also participated in the countywide homeless count that took place in early 2009 which reported 18 unsheltered homeless. This is an update of the surveys that took place in 2005, and 2007. In addressing senior services, the City will continue advocacy for the increased dissemination of accurate information and counseling for seniors and other persons regarding housing options available. This will be accomplished through a cooperative effort with the Cupertino Senior Center, Cupertino Community Services and the Cupertino Public Library. LEAD-BASED PAINT Lead-based paint awareness and abatement will be fully integrated by the City of Cupertino into its assisted housing programs. Each tenant, landlord and property owner will be informed of the dangers, symptoms, testing, treatment and prevention of lead-based paint poisoning. Lead-based paint hazard stabilization or abatement will be provided in each and every rehabilitation project. Furthermore, adherence to Federal guidelines for reduction activities with lead-based paint is provided for in every federally funded rehabilitation loan. PUBLIC HOUSING The City will continue to encourage the local Public Housing Authority to develop affordable units in the city of Cupertino. LEVERAGING OF FUNDS To the greatest extent possible, when feasible, the City of Cupertino will leverage public and private resources to achieve the goals of the Consolidated Plan. Cupertino will continue to 317 request that affordable housing developers to seek private financing and grants and to fully utilize other state and federal funding sources, such as the State of California Multifamily Housing and the Low Income Housing Tax Credit programs. FAIR HOUSING Cupertino continues to support both the purpose and goal of fair housing and works to achieve fair housing in administering federal, State and local programs. The City also supports the development of affordable housing stock that is an important part of a fair housing initiative, given the high cost of local housing. In conjunction with other jurisdictions in Santa Clara County, the City commissioned a comprehensive survey to identify unmet needs and unidentified barriers, to assess the delivery of fair housing services, and to recommend action steps to meet the County's fair housing needs. The study was completed in 2003 and the city will be working with the other Santa Clara County to review program changes as a result of the study. The City prepared an Analysis of Impediments to Fair Housing Choice (AI) in 2004. The proposed actions to be undertaken by the City in the 2010 Program Year consist of the following: The City will continue to require developers to provide relocation assistance when residents will be displaced. The City will continue to provide a housing program that allows for modification of existing housing facilitating the needs of persons with disabilities. The City will continue to support non-profit organizations whose purpose is to aid in the furthering of fair housing in the community. Methods of support could include notification of fair housing rights and responsibilities distributed in brochures located in public buildings, public service announcements on the local access channel or similar methods. The City will continue to allow for the construction of higher occupancy housing complexes on a case-by-case basis when possible, for all economic segments of the community. PROGRAM MONITORING Performance monitoring for compliance to federal program requirements is scheduled at least once annually for projects that are under service contract. Monitoring of federally funded activities is undertaken for projects that are either under an annual or longer-term performance period. In addition, the City undertakes an annual Single Audit according to the requirements of the federal Office of Management and Budget. As standard practice, notification is made to HUD on the availability of the City's annual audit. URGENT OR COMMUNITY NEED In the event of a local, state or federal disaster declaration for areas within the boundaries of the City of Cupertino, the City will reserve the right to use CDBG funds to abate immediate and necessary hazards. The funds may be used for staff efforts, grants or loans to affected parties, as approved by the City Council and allowed under the federal regulations. 318 AMENDMENTS TO PLAN Prior to the submission of any substantial amendment in the proposed use of funds, citizens will be provided reasonable notice of, and the opportunity to comment on, any proposed Action Plan amendments. RELATIONSHIP OF THE ANNUAL PLAN TO THE CONSOLIDATED PLAN G OAL 1 A SSIST IN THE CREATION AND PRESERVATION OF AFFORDABLE HOUSING FOR -INCOME AND SPECIAL NEEDS HOUSEHOLDS. LOWER Objective: Suitable Living Environment Outcome: Sustainability Outcome Statement: Provide opportunities for suitable living environments with improved/new sustainability Indicators: 1. New housing units available to various income groups 2. Overall increase in housing stock 3. Reduction in households paying too much for housing 4. Number of parcels with changed land use designations 5. Number of second units created Proposed 2011 Activity: Below Market Rate Program 2011 Goal:Create 15 Housing Units G OAL 2 S UPPORT ACTIVITIES TO END HOMELESSNESS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of persons assisted with homeless services 2. Number of persons assisted with emergency rental assistance. Proposed 2011 Goals: Provide homeless prevention services through Haven to Home and emergency rental assistance through WVCS Comprehensive Assistance Indicators: Provide homeless prevention services to 100 individuals Provide emergency rental assistance to 100 eligible residents a year. G OAL 3 S UPPORT ACTIVITIES THAT PROVIDE BASIC SERVICES, ELIMINATE BLIGHT, AND/OR STRENGTHEN NEIGHBORHOODS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide funding to a variety of non-profits that assist low and very-low income residents. Indicators: 1. Support programs that provide transportation. 2. Provide funding for social service organizations that assist low and very-low income households and special needs population. Proposed 2011 Activity: Fund a variety of public service agencies that provide services to low and very-low income. 2011 Goal:Serve 1,000 low and very-low income households with support services. Provide 6,200 rider subsidies. 319 GOAL4 P ROMOTE FAIR HOUSING CHOICE. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of outreach activities 2. Number of households with resolved fair housing disputes Proposed 2011 Goals Eden Council for Hope and Opportunity – Fair Housing Services Indicators: Distribute 1000 brochures. Resolve 10 Fair Housing cases. G OAL 5 E XPAND ECONOMIC OPPORTUNITIES FOR LOW-INCOME HOUSEHOLDS Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Indicators: 1. Support local employment development and workforce training programs 2. Support programs that facilitate small business development Proposed 2011Goals: Serve 60 households through Nova program Indicators: Provide employment counseling and job resources to 60 Cupertino residents. G OAL 6 P ROMOTE ENVIRONMENTAL SUSTAINABILITY Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Encourage and fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Indicators: 1. Fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Proposed 2011 Goals: Provide energy efficient improvements through Rebuilding Together Silicon Valley Indicators: Provide 5-8 homes with energy improvements. 31: Goal Goal 81212197537 Unmet Unmet Need (a) Need (a) 2585:4928425252 Elderly Elderly !Mpx!! !Mpx!! !Ijhi!Ijhi Priority Priority !Nfejvn!Nfejvn Exhibit B 321 Goal Goal 2121213:227 Unmet Unmet Need (a) Need (a) 594254694953 Large Related Large Related !Mpx!!!Mpx!!!Mpx!! !Ijhi Priority Priority !Nfejvn!Nfejvn Goal Goal 231221:16734 39 (a) (a) NeedNeed Unmet Unmet 34333141922487295 Small Related Small Related tjoh!qspcmfn-!bt!sfqpsufe!cz!DIBT!Ebub-!Dfotvt-!3111/! 27!! !Mpx!! !Ijhi!Ijhi!Ijhi Priority Priority !Nfejvn!Nfejvn HUD Table 2A: Priority Housing Needs/Investment Plan RENTERS 1.41&!BNJ!42.61&!BNJ!62.91&!BNJ!OWNERS 1.41&!BNJ!42.61&!BNJ!62.91&!BNJ!Section 215 Goals Opuft;)b*!Cbtfe!po!ipvtfipmet!xjui!ipvTpvsdft;!T PDET!DIBT!Ebub-!311:<!Djuz!pg!Dvqfsujop-!3121<!CBF-!3121/! 416234 1 21 Year 5 Goal Plan/Act. 416144 1 Exhibit B 21 Year 4 Goal Plan/Act. 4461454 21 322 Year 3 Goal Plan/Act. 4114 654 21 Year 2 Goal Plan/Act. 462594 (cont’d) 2821 Year 1 Goal Plan/Act. 3 26316126 362826 5-YrGoal Plan/Act. ofs!vojut! foubm!vojut! CDBG Bdrvjtjujpo!pg!fyjtujoh!sQspevdujpo!pg!ofx!sfoubm!vojut!Sfibcjmjubujpo!pg!fyjtujoh!sfoubm!vojut!Sfoubm!bttjtubodf!Bdrvjtjujpo!pg!fyjtujoh!pxQspevdujpo!pg!ofx!pxofs!vojut!Sfibcjmjubujpo!pg!fyjtuj oh!pxofs!vojut! Ipnfpxofstijq!bttjtubodf! HUD Table 2A: Priority Housing Needs/Investment Plan ATTACHMENT A SUMMARY OF CDBG AND AFFORDABLE HOUSING FUND APPLICATIONS PUBLIC SERVICE GRANTS: A.Catholic Charities of Santa Clara County Long Term Care Ombudsman Program 2011-12 Request: $5,000 Annual Goal: Provide advocacy for 250 unduplicated Cupertino residents and investigate and resolve 20 complaints. Project Description: Provide advocacy for Cupertino residents in long term care facilities to ensure they have a voice in their own care and treatment. The program will receive, investigate and resolve any complaints associated with the care of the long term care facility residents. Recommendation: $3,187 from Human Service Grants program. The program meets a high priority according to Table 2B of the Cupertino Consolidated Plan. This program was previously funded at the same level through the Human Services Grants program of the Cupertino General Fund. B.Community Technology Alliance Homeless Management Information System Santa Clara County 2011-12 Request: $2,500 Annual Goal: Provide assistance to 50 Cupertino residents. Services include client case management and data collection. Project Description: Create a web-based system collecting information on homeless services and collecting uniform data countywide on the homeless served by each service provider. Recommendation: $2,000 from Human Service Grants program. The program does not meet a high priority according to Table 2B of the Cupertino Consolidated Plan since it is indirectly serving the homeless population. However, the CDBG Steering Committee feels that this is a worthy cause. 323 ATTACHMENT A C.Live Oak Adult Day Services Adult Day Care for Seniors 2011-12 Request: $15,098 Annual Goal: Provide ÑscholarshipsÒ to 11 Cupertino low-income seniors enabling them to receive adult day care at the facility. Project Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $14,379 from Human Service Grants Allocation As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. D.Maitri Domestic Abuse Services 2011-12 Request: $30,000 Annual Goal: Maitri will provide 400 Case Management Services to 14 Cupertino residents staying at MaitriÔs Cupertino Transitional Housing Project Project Description: MaitriÔs Transitional Housing provides transitional housing and related supportive services to low income victims of domestic violence who are at high risk of becoming homeless and/or suffering further abuse to themselves and their children. The main objectives of MaitriÔs Transitional Housing program are to foster self sufficiency; help residents obtain safe, permanent housing; and assist low income domestic violence victims live a healthy, productive life for themselves and their children by breaking the cycle of domestic violence abuse and learning critical life skills. Recommendation: $3,430 from Human Service Grants 324 ATTACHMENT A Domestic violence services represent a high need in the Cupertino Consolidated Plan. E.Outreach and Escort Special Needs Transportation 2011-12 Request: $7,115 Annual Goal: Provide 6,215 discounted trips to 140 eligible Cupertino residents. Project Description: Provides frail seniors and disabled adults with door-to- door transportation to medical appointments, shopping, adult daycare, senior nutrition programs, etc. Requested funds will be used to subsidize $1.00 of the $3.50 riderÔs fare charged to Cupertino residents under the ADA/Paratransit Program. Recommendation: $7,115 from Human Service Grants program. This agency provides a valuable service to seniors and should be funded from the Human Service Grants at the same level as last year. F.Santa Clara Family Health Foundation Healthy Kids Program 2011-12 Request: $5,160 Annual Goal: Provide health coverage to five Cupertino children per year. Project Description: Healthy Kids enables low-income children in Santa Clara County to receive health services they need for healthy development. Funded entirely through local public and private sources, the program provides comprehensive health coverage for a population generally underserved. Recommendation: $3,987 from Human Service Grants program. The program provides a valuable service to Cupertino low and very-low income children. 325 ATTACHMENT A G.Senior Adults Legal Assistance Legal Aide to Seniors 2011-12 Request: $9,717 Annual Goal: Serve 40 Cupertino seniors. Project Description: Senior Adults Legal Assistance (SALA) provides free legal services to low and very low-income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. Recommendation: $8,240 from CDBG Several years ago, the city council directed staff to work with SALA to increase their services and funding level. The Cupertino Senior Center has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the current funding level. H.The Support Network for Battered Women Domestic Violence Services for Cupertino Families 2011-12 Request: $5,000 Annual Goal: Serve a total of 18 unduplicated Cupertino residents. Project Description: The Support Network operates Santa Clara CountyÔs only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $4,202 from Human Service Grants The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city and is considered a high priority need in the Consolidated Plan. I.United Way Silicon Valley 2-1-1 Santa Clara County 2011-12 Request: $4,000 Annual Goal: Provide all Cupertino residents with access to health and human service referrals at no charge. Project Description: 2-1-1 Santa Clara County is a 24/7 non-emergency, confidential, 3 digit phone number, authorized by the California Public Utilities Commission for use within the 326 ATTACHMENT A County of Santa Clara. The program provides streamlined access to health and human service information and referrals at no fee to the caller. Recommendation: $2,000 from Human Service Grant funds. This agency was funded last year from the Human Service Grant funds. J.West Valley Community Services Comprehensive Assistance Program 2011-12 Request: $38,695 Annual Goal: Provide support services to 623 unduplicated Cupertino households. Project Description: West Valley Community Services has provided support services to the West ValleyÔs low and very-low income households since 1973. Support services include a food pantry, clothing closet and rental assistance. Recommendation: $28,527 from the CDBG 2011-12 Allocation. The agency provides necessary services to Cupertino residents. This activity is a medium priority need in the Cupertino Consolidated Plan. K.West Valley Community Services Home to Haven Program 2011-12 Request: $24,050 Annual Goal: Provide homeless prevention services to 100 unduplicated clients. Project Description: Support services include access to voicemail, on-site medical services, monthly bus passes, weekly laundry, and employment search assistance. Each client will also receive a case manager to help each client develop self sufficiency goals. Financial asset building is also part of the homeless prevention program. Recommendation: $17,730 from CDBG 2011-12 Allocation West Valley Community Services successfully ran the Rotating Shelter Program for 18 years. Due to decreased funding, the agency has had to eliminate the program, however, it would like to continue to offer homeless prevention services. It is proposing to provide support services to 100 unduplicated Cupertino residents. 327 ATTACHMENT A CONSTRUCTION/REHABILITATION: L.Habitat for Humanity Cleo Avenue 2011-12 Allocation: $196,195 Annual Goal: Construct four new single family homes through sweat equity. Project Description: Construct four new single family homes through sweat equity. Recommendation: $196,195 from 2010-11 CDBG will be reallocated to Senior Housing Solutions and $196,195 from 2011-12 will be allocated to Habitat for Humanity. The agency is currently undergoing NEPA review and will not be able to begin construction until the new fiscal year. However, Senior Housing Solutions is ready to begin its second phase in May. To accommodate both agencies budgets without delays, $196,195 from Habitat for Humanity will to reallocated to Senior Housing Solutions and $196,195 from the 2011-12 fiscal year will be allocated to Habitat for Humanity. M.Senior Housing Solutions Price Avenue Rehabilitation 2010-11 Reallocation: $196,195 Annual Goal: Complete rehabilitation of Price Avenue senior home. House five seniors. Project Description: Complete second phase of single family home rehabilitation. The home will then serve as a congregate residence for five extremely low income seniors. The agency has completed the first phase of construction and now needs $196,195 to complete the second phase. N.Rebuilding Together Silicon Valley Rebuilding Housing Repair and Home Modifications 2011-12 Request: $60,000 Annual Goal: Repair homes for five to eight Cupertino households. 328 ATTACHMENT A Project Description: Rebuilding Together Silicon Valley will repair and rehabilitate and improve the accessibility and mobility of homes for low and very-low income households. Recommendation: $39,957 from 2011-12 CDBG Allocation and $20,043 from 2010-11 CDBG. We are allocating additional funding to this agency to complete additional minor rehabilitation and energy efficiency upgrades to low and very-low income Cupertino homeowners. Energy efficiency has become a high HUD priority. ADMINISTRATION/FAIR HOUSING: O.Eden Council for Hope and Opportunity (ECHO) Fair Housing Services 2011-12 Request: $9,850 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (10 cases a year). Project Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $8,619 from 2011-12 CDBG Administration. The program will provide a valuable service to the City of Cupertino. ECHO has been providing CupertinoÔs fair housing services for many years. Staff likes the consistency of having ECHO continue the program. Staff would the agency be required to meet with local apartment managers annually to review fair housing law and provide informational meeting for tenants on fair housing. AFFORDABLE HOUSING FUND: P.West Valley Community Services, Cupertino Affordable Housing Placement Program 2011-12 Request: $96,250 Annual Goal: Provide placement and necessary support services to 75 households (250 individuals). Continue current services. Project Description: West Valley Community Services has been responsible for the monitoring, screening and placement services for 329 ATTACHMENT A ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those placed in the affordable units. Recommendation: $75,000 (Affordable Housing Fund) The agency has successfully performed the necessary task of screening and placement for the below market rate program. The agency also monitors the BMR program annually. An extra $10,000 has been allocated to offset the cost of ordering lot book reports for each ownership BMR unit. 32: COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 1010300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subject Green Building Ordinance, MCA-2010-04, andamendment to the City's Fee schedule Recommended Action 1.Conduct first reading of Ordinance No. 11-2076amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted(Attachment A); and 2.Adopt draftResolution11-amending the City’s adopted Fee Schedule to incorporate Green Building deposit fees(Attachment B). Description Application: MCA-2010-04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adoptan ordinanceamending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (See Attachment A, Ordinance No. 11-2076) and adopt related fees and deposits (See Attachment B, DraftResolution). BACKGROUND On February 1, 2011, the City Council reviewed the draft Green Building Ordinance and directed staff to: 1.Revisethe draft ordinanceto be consistent with the Santa Clara County Cities Associations’ Phase II Recommendations and the additional changes that Council discussed; and 2.Provide acost analysis of representative projects, including asingle-family, multi-family and office development, whichprovideestimates of the total cost of development, including the additional cost to comply with the proposed Green Building Ordinance requirements(Attachment D). Public comments received duringand subsequent tothe public hearing included: 331 Clarify when and what part of a remodeling project is subject to theordinance requirements; for renovations and additions, requirements should only apply to the scope of the work. The draftordinanceexceeds the Cal Green building code standards and can make the cost of a development project infeasible. Verification requirements could affect the tenancy of buildings if the requirement thresholds are so low that it will affect whether tenant improvements and upgrading can take place. Certification costs add significantly to the development costs for commercial developments, including the additional administration, architectural design and time costs to construct a project. Do not provide incentives that reduce parking requirements or increase floor area ratio allowances. Ordinance should not exceed the Cal Green building code standards, and should not apply to tenant improvements. Since the February 1, 2011 Council meeting, the City has becomeaware that some local cities, including the Cities of Mountain View and Palo Alto, have recently merged their green building ordinances with their locally adopted 2010 California Green Building Standards Code (Cal Green). This was essentially done as a result of thenew Cal Green building codes thattook effect on January 1 of this year. Merging these two codes essentially allowed them to integrate all of the green building measures into one ordinanceand preventshaving to subsequently amend the green building ordinance requirements every time the Cal Green building codes are amended. Additionally,the changemoves the green building measures into the local building codes. Merging of these two codes would basically entail amending Chapter 16.58 of the Cupertino Municipal Code, and makinglocal amendments to the Cal Green building codesto reflect the Green Building Ordinance requirements. DISCUSSION The combined draft ordinance (See Attachment A, Ordinance No. 11-2076)merges the Green Building Ordinancethatthe Council had reviewed at its February 1, 2011 meeting into Chapter 16.58 of the Cupertino Municipal Code. A copy of the current Chapter 16.58 is included (See Attachment C) with strikeouts showing the sections that have been deleted. However, the key components of the draft Green Building Ordinance, including all changesrecommended by the Council,have been incorporatedand are outlined below in this report. Section 16.58.220 Table 101.10 (Requirements) The following table illustrates the progression from and a comparison of the Phase II Recommendations, the Planning Commission recommended draft Green Building Ordinance requirements, and the Revised Draft Green Building requirements per the February 1, 2011 City Council meeting. The revised changesreflect Council’sdirection to be consistent with the Phase II Recommendations and to incorporate other items discussed by Council. 332 Type of Phase II Planning Commission Revised Draft Green Building ProjectRecommendationsRecommended Draft Green Requirement per the 2/1/11 Building OrdinanceCity Council Discussion Residential –Single-Family & Multi- Single-Family (SF R) & All Single-Family and Multi- New Family < 9 homes: Multi-Family (MFR) < Family: Construction 9 homes: Minimum: GPR min. 50 pts or (Single Minimum: GPR min. 85 pts or LEED Certified w/Third Party Family & GPR Rated (50 pts min.) LEED Certified w/Formal Certification Multi- or LEED Certified. Verification. Family) Alternate Reference Standard:Third Party Certification SF R & MFR SF R & MFR Minimum: GPR min. 50 pts or GPR Rated (50 pts min.) LEED Silver w/Third Party or LEED Silver Certification (Option: GPR min. 75 pts which is equivalent to LEED Silver) Alternate Reference Standard: Third Party Certification Residential –Single-Family Single-Family (renovation): SF R<$100K permit Renovation/existing floor area: valuation; or <500 sq.ft. Exempt Addition addition; or FAR Minimum: Cal Green (Single- increase <50%: Mandatory (for new portions Family & only) w/Informal Verification. Multi- BIG Elements checklist Family) or LEED checklist SF $100K-$200K permit valuation;or 500-1,000 sq.ft.add’n: BIG Elements 25-49 pts. or LEED Certified SF R $200K+ permit valuation; or 1,000 sq. ft.add’n; or FAR increase of 50%: GPR Rated (min. 50 pts.) or LEED Certified 333 Type of Phase II Planning Commission Revised Draft Green Building ProjectRecommendationsRecommended Draft Green Requirement per the 2/1/11 Building OrdinanceCity Council Discussion Small Multiple-Family Multiple-Family (minor Multiple-Family (minor Renovation (TBD):renovation):renovation): GPR checklist or Minimum: Cal Green Exempt Mandatory w/Informal applicable LEED checklistVerification. Multi-Family (major Multiple-Family (major Large MFR (TBD): renovation)–Renovations renovation)–Renovations and/or additions that comprise at and/or additions with a Floor GPR 50 pts. or applicable least 10,000 square feet, and Area Ratio (FAR) increase LEED Certified replace or alter the HVAC >50% and at least 10,000 system and at least two of the square feet, and replace or alter following: building envelope, the HVAC system and at least hot water system and lighting two of the following: building system.envelope, hot water system and lighting system: Minimum: GPR min. 75 pts or Minimum: GPR min. 50 pts or LEED Certified w/Informal LEED Certified (applicable Verification or LEED EBOM only to the area of Certified w/Formal Verification.renovation/addition) w/City Reviewor LEED EBOM w/Third Party Certification. Alternate Reference Standard: ThirdParty Certification Non-Small, <5,000 sq.ft.:Small, < 10,000 sq.ft.:Small, sq.ft.: Residential– LEED checklistMinimum: Cal Green Minimum: Cal Green New Mandatory w/Informal Mandatory* w/City Review Construction Verification. Alternate Reference Standard: Third Party Certification 334 Type of Phase II Planning Commission Revised Draft Green Building ProjectRecommendationsRecommended Draft Green Requirement per the 2/1/11 Building OrdinanceCity Council Discussion Mid-size, 5,000 –25,000 Mid-size, > 10,000 –25,000 sq. Mid-size, 10,001 sq.ft.– sq.ft.:ft.: 50,000sq.ft.: LEED Certified Minimum: LEED Certified Minimum: LEED Certified w/Informal Verification w/City Review Alternate Reference Standard:Third Party Certification Large, 50,001 or more sq.ft.: Large, >25,000 sq.ft.:Large, 25,001 or more sq.ft.: Minimum: LEED Silver w/ LEED SilverMinimum: LEED Silver w/ Third Party Certification Formal Verification. Alternate Reference Standard:Third Party Certification Small projects: Non-Minor Renovations/Additions:Minor Residential -Renovations/Additions: LEED Checklist Renovations/ Minimum: Cal Green AdditionsMinimum: Cal Green Mandatory w/Informal Mandatory* w/City Review Verification.(applicable only to the scope of work of the renovation/addition). Alternate Reference Standard:Third Party Certification Large w/o HVAC:2 of 4 Major Renovation–Major Renovation– systems are touched + > Renovations and/or additions Renovations and/or additions 10,000sq.ft.+ > permit that comprise at least 10,000 that comprise at least 10,000 valuation of $1 million square feet, and replace or alter square feet, and replace or alter permit valuation:the HVAC system and at least the HVAC system and at least two of the following: building two of the following: building LEED Certified w/o envelope, hot water system and envelope, hot water system and prerequisiteslighting system.lighting system. Large w/HVAC: 2 of 4 Minimum: 10,000–25,000 sq.Minimum: 10,000–50,000 sq. systems are touched, one ft.--LEED Certified w/ ft.--LEED Certified being HVAC + > 10,000 Informal Verification or LEED (applicable only to the area of sq.ft.+ > $1 million EBOM w/Formal Verification.the renovation/addition) with permit valuation: 335 Type of Phase II Planning Commission Revised Draft Green Building ProjectRecommendationsRecommended Draft Green Requirement per the 2/1/11 Building OrdinanceCity Council Discussion City Reviewor LEED EBOM LEED Certifiedw/Third Party Certification Minimum: 50,001sq.ft.or Minimum: 25,001sq.ft.or more –LEED Certified more –LEED Certified w/Formal Verification or LEED (applicable only to the area of EBOM w/Formal Verification.the renovation/addition) w/Third Party Certification or LEED EBOM w/Third Party Certification Alternate Reference Standard:Third Party Certification Not AddressedFor projects with both residential Fornew and Mixed Use and non-residential components, renovation/addition projects Projects each use shall comply with the with residential and non- minimum requirements stated residential components,each above.use shall comply with the mandatory measures to this code by the City of Cupertino, and with the requirements applicable to each use, and with the requirements applicable to the use that comprises the majority of the project’s permitted square footage. Note: * CalGreen Mandatory requirements shall only be applied to elements included in the scope of a project. Sections 16.58.130 and 16.58.140 Residential New Construction, Single-Family and Multi- Family Residential Tobe consistent with the Phase II Recommendation, threshold levels have been increased to differentiate between less than 9 homes (whether single-family or multi-family) and 9 homes or more. To be consistent with the Phase II Recommendation, the Minimum Requirement has been lowered from 85 Green Point Rated (GPR) points to 50 GPR points. However, the LEED requirements remain the same as the Planning Commission recommended for the two threshold levels of development. Option to New Construction, Single-Family and Multi-Family Residential As proposed, the minimum Phase II LEED requirement for 9 homes or more is either 50 GPR points or LEED Silver. However, given that 50 GPR points fall short of theLEED Silver certification level (75 GPR pointsequivalent),the Council couldconsider an option to raise the minimum GPR points to 75 pointsto make the GPR and LEED points comparable. 336 Sections 16.58.160 through 16.58.180 Non-Residential New Construction Modify the mid-size new construction threshold requirement from 10,001-25,000 square feet to 10,001–50,000square feet, and the large-size new construction threshold to 50,001 or more square feet. Section 16.58.150 Residential, Renovation/Addition Exempt all single-family and minor multiple-family renovations/additions from the ordinance requirements. Modify the requirements defining major multiple-family renovations/additionsas an increase to the floor area ratio (FAR) greater than or equal to 50%,and at least 10,000 square feet,and replacement or alteration of the HVAC system and at least two of the following: building envelope, hot water system and lighting system. Section 16.58.190 through 16.58.200 Non-residential, Renovation/Addition Modifythe threshold level requirements from 10,001-25,000 square feet to 10,001–50,000 sq.ft.square feetrequiring LEED Certified with City Review, and 50,001 or more square feet requiring LEED Certified with Third Party Certification. Section 16.58.210 Mixed-Use The City’s green building consultant, Global Green, recommends that we further clarify the requirements for mixed use projects by adding language that states the applicable requirement shall be the requirement for the use that comprises the majority ofthe project’s square footage. This would eliminate the need for applicants and staff to track two separate checklists, one for residential requirements and another for non-residential requirements, which could become cumbersome to manage. The wording would be amended to add the italicized wording as follows: “For new and renovation/addition projects with residential and non-residential components, each use shall comply with the mandatory measures of the California Green Building Standards Code and any amendments to this code by the City of Cupertino, and with the requirements applicable to the use that comprises the majority of the project’s permitted square footage.” Section 16.58.230 Alternate green building standards Alternate green building standards section has been incorporated based upon the previous draft Green Building Ordinance. Changes include moving the approval authority of alternate standards to the Building Official as other cities have done by moving these regulations to the building code;removing the reference of alternate standard examples since these may change over time and new standards may be developed; and removing the required finding that the “project will meet or exceed the applicable minimum and/or exemplary standards” since exemplary standards have been removed and it is difficult to equate one standard to another. Section 16.58.240 Verification This section has been revised to replace referencesto “Formal Verification” with “Third Party Certification” and “Informal Verification” with “City Review.These references have 337 also been replaced throughout the ordinance in Table 101.10. This clarification has been made to more accurately identify the process and requirements that a project will either require review by the City or certification through a third party rating system to meet the verification requirement. Green Building Refundable Deposits/Fee Schedule In the resolution (See Attachment B, Resolution to amend the Fee Schedule) to amend the Fee Schedule, the Council recommendedto: Halve the Planning Commission recommended deposits for Third Party Certificationand for Single-Family Residential City Review, resulting in: Green Building Deposit –Third Party Certification Project TypePlanning Commission Revised Deposits per 2/1/11 RecommendationCouncil discussion $2/sq.ft., max. $2,000$2/sq. ft., max $ 1,000 Single-Family $2/sq.ft., min. $40,000/ $2/sq. ft., min. $ 20,000/ Multi-Family max. $75,000max. $40,000 Residential $2/sq.ft., min. $70,000/ $2/sq. ft., min. $35,000/ Non-Residential max. $150,000max. $75,000 For projects requiring City Review, the fee schedule will note that the cost of review will reflect consultant costs to review the project.For initial deposits, staff proposes $500 for Single-Family homes, $1500 for Multi-family Residential and $1500 for Non-residential projects. Option for Fee Schedule The Council may consider the deposit amounts as recommended by the Planning Commission for City Reviewsince these deposit amounts are closely reflective of the actual certification costs. Voluntary Requirements to Obtain Incentives Section has been removed based on Council discussion to remove the proposed incentives in the draft ordinance.As a result, the “exemplary standards” in the table have been removed as well. Options for Incentives One incentive that the Council recommended for further discussion and consideration is to allow increased floor area ratio (FAR) of up to 10% over that allowed in the Municipal Code. Should Council wish to incorporate this incentive, a section regarding incentives and exemplary standards can be added back into the draft ordinance. Other incentives that the Council may consider include expedited building permit processing for projects that exceed Green Building Ordinance requirements and/orawarding a plaque/recognition to the applicant. Staff is reviewing an expedited fee for projects and 338 proposes to bring this back during the mid-year budget adjustment for FY2011-2012. If the Council wishes to offer incentives for projects that exceed the Green Building Ordinance requirements, exemplary standards can be added back into the draft ordinance and projects that met the requirements could be offered the expedited process at no cost or a reduced cost at that time. The Council may also choose to create a program to recognize projects that exceed the Green Building standards by awarding a plaque or other recognition. Section 16.58.260 Exemptions Staff has modified this section to allow for additional unforeseen exemptions, in addition to historical or atypical energy-related projects.Moving these requirements to the building code will allow exemptions to be granted by the Building Official.This is consistent with the codes for other cities such as Mountain View and Palo Alto. Cost Analysis of Reference Projects In response to the Council’s request, the City’s Green Building consultant, Global Green, prepared an analysis (See Attachment D) of how the proposed Green Building Ordinance requirements would impact development costs of projects in the City.An analysis was conducted of three development projects approved by the City within the past five years representing a single-family development, multi-family development and commercial development, to generate a rough estimate of the additional costs that would be incurred as a result of meeting the proposed Green Building Ordinance requirements. The estimate is based upon additional modifications that would be required for these projects to achieve LEED Certification, which include minor design modifications and modifications to meet the energy performance and ventilation prerequisite requirements of LEED.More specifically, the analysis considered that these projects needed: Upgraded mechanical system designs Modified landscape plans to reduce water use Environmentally preferable building materials, such as recycled-content, low-emission and locally manufactured materials Stormwater management systems Increased diversion requirements for construction and demolition waste from 50% to 75% Additional construction verification measures A summary of these representative projects and the estimated costs to meet the Green Building Ordinance requirements are illustrated below. The analysis essentiallydetermined that the percentage cost increase over meeting the Cal Green building standards was in the range of 1% - 2.2%, which is in line with incremental cost studies that have determined the incremental cost of achieving LEED Certification ranges from 0% to 5% of total construction costs, with most projects experiencing 3% or less of an increase in costs. The reason these are estimates is that LEED and GPR are performance-based, which allows flexibility in the type of green measures that can be incorporated into a project, leading to different choices regarding credit selection and the costs associated with achieving those credits. 339 Single-Family Multi-Family Commercial Office Residential Residential Building DevelopmentDevelopment 1 $450$900$900 Registration 1 Design$2,500$4,000$10,000 2 Energy Systems$952$12,880$145,020 3 Materials$1,785$24,000$72,510 $1,000$10,000$25,000 Construction 4 Verification(HERS)(HERS)(Commissioning, M&V) 5 $2,500$7,500$25,000 Documentation Preparation $1,500$3,500$2,250 Certification/Provider 6 Fee Total Incremental $10,687$62,780$280,680 Cost 7 Cost/Sq.Ft. $4.49$1.94$2.90 Percent Cost Increase2.2%1.0%1.5% 1.From USGBC web site 2.Assumes 25, 40 and 100 hours at an average cost of $100/hr. 3.Based on Mountain View Energy Reach Code Cost-Effectiveness Study: $0.40/sq.ft.average for residential and $1.50/sq.ft.for non-res, 4.Assumes average incremental cost of $0.75/sq.ft. 5.Based on typical costs for current Global Green projects 6.Davis Energy Group LEED for Homes fee schedule, GBCI fee schedule 7.Assumes $200 per square foot average cost of construction Based on results for similar project types in the Mountain View Energy Reach Code Cost- Effectiveness Study, the estimated annual energy savings is $115/year for the single-family house, $1,600/yearfor the multi-family, and $18,000/yearfor the non-residential building. Additional savings would result from reduced water use and lower maintenance costs. The projects may also experience more rapid appreciation or higher assessed value at time of sale. Chamber of Commerce Legislative Action Committee On March 3, 2011, staff presented the comparison table of the Phase II Recommendations, Planning Commission recommended draft ordinance, and reviseddraft Green Building requirements per the February 1, 2011 Council meeting, to the Chamber of Commerce Legislative Action Committee. Staff presented the revised draft ordinance requirements as a result of Council’s direction to conduct outreach to the community to gauge the community’s feedback on the draft ordinance requirements. Staff received many constructive comments including: Revised draft ordinance is more palatable to the community LEED Silver is an industry standard for any commercial development over 25,000 sq.ft. 33: Communication to the public about the policies, implementation and enforcement is important Exemptions for economic hardship should be considered Consider incentivesfor exemplary standards Consider providing in-house certification, rather than a third-party certification. This saves time by providing more flexibility so applicant can work directly with staff to resolve issues rather than working with a third-party or outside consultants Define “minor” versus “major” renovation Explain the deposits/fees Provide a final draft ordinance for the Chamber to review before adoption Building Standards Commissionand Effective Date of Ordinance The combined Cal Green/Green Building Ordinance will require approval from the Building Standards Commission (BSC) prior to the date that the ordinance will take effect. The Building Standards Commission must approve the ordinance to allow for the local amendments to the California Green Building Standards Code (Cal Green), since the local amendments exceed the minimum Mandatory Requirement of the CalGreen. The City may tentatively approve of the combined ordinance during which time an application can be submitted to the Building Standards Commission. The Planning Commission suggested that a six month grace period be provided after adoption of the ordinance and before the ordinance takes effectto allow applicants adequate time to get information about the new regulations prior to preparation of project drawings and submitting building permits.Based on the City Attorney’s recommendation to provide a date certain that would be easier to remember, staff suggests January 1, 2012 as the effective date. Staffbelieves this would allow for sufficient time to submit and receive approval from theBuilding Standards Commission before the ordinance would take effect. Filing to the Building Standards Commission will require that the City make findings to exceed the Mandatory Requirements of the Cal Green building codes.These findings are included as Exhibit B of Ordinance No. 11-2076. Environmental Review The proposed ordinance is considered statutorily exempt from the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15308 since this is an action by a regulatory agency for the protection of the environment and assures the maintenance, restoration, enhancements or protection of the environment where the regulatory process involves procedures for protection of the environment. _____________________________________ Prepared by:Aki Honda Snelling, Senior Planner Reviewed by:Gary Chao, City Planner and Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager 341 Attachments: Attachment A: Ordinance No. 11-2076 Attachment B: Draft Resolution to amend the Fee Schedule Attachment C: Chapter 16.58 of the Cupertino Municipal Code with strikeouts Attachment D: Global Green Cost Analysis of Reference Projects Attachment E:February 1, 2011 City Council Minutes Attachment F:February 1, 2011 City Council Report Attachment G:Planning Commission Resolution No. 6615 Attachment H: Email of February 18, 2011 from Myron Crawford Attachment I:Email of March 5, 2011 from Myron Crawford 342 Attachment A ORDINANCE NO. 11-2076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE TO AMEND THE GREENBUILDING STANDARDS CODE TO INCLUDE LOCAL GREEN BUILDING REQUIREMENTS WHEREAS, the City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures; and WHEREAS,green building is a “whole systems” approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures; and WHEREAS,the Environmental Resources and Sustainability Element of the City of Cupertino’s General Plan 2000-2020 recognizes that the community’s environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City’s viable ecological communities and environmental resources will result in the protection of both the human and natural environments; and WHEREAS,the City of Cupertino’s General Plan 2000-2020 sets forth policies recognizing that the essential components of green building design and planning includeconsideration of location, site planning, energy efficiency, material efficiency and water efficiency; and WHEREAS,the California Green Building Standards Code Section 101.7 provides that a local government may establish more stringent building standards if they are reasonably necessary due to local climactic, geologic, topographical or environmental conditions; and WHEREAS,the City of Cupertino has already adopted ordinances to further green building measures, including the California Green Building Standards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection; and WHEREAS,the City of Cupertino intends to adopt local amendments to the California Green Building Standards Code by establishing green building requirements exceeding the Mandatory Requirements of the 2010 California Green Building Standards Code; and 99582.2 343 WHEREAS, the Planning Commission adopted Resolution No. 6615 to recommend adoption of green building measures in a green building ordinance as a result of conducting public hearings on October 12, 2010 and October 26, 2010; and WHEREAS, the City Council has determined that amending Chapter 16.58, Green Building Standards Code, is necessary to incorporate local green building requirements; and WHEREAS, the City Council of the City of Cupertino conducted properly noticed public hearings on February 1, 2011 and May 3, 2011; and WHEREAS, adoption of the ordinance will improve the environment and is in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section 1. Title 16 of the Cupertino Municipal Code is hereby amended by the adoption of amendments to Chapter 16.58 as set forth in Exhibit A. Section 2.The City Council adopts the findings for local amendments to the California Green Building Standards Code, 2010 Edition, attached hereto as Exhibit B and incorporated herein by reference. Section 3. Because this project will assure the maintenance, restoration, enhancement, or protection of the environment and does not relax the regulation of construction activities or standards allowing environmental degradation, this project is exempt from CEQA pursuant to CEQA Guidelines section 15308. Section 4. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 5. This Ordinance shall take effect and be in force on and after January 1, 2012as provided by Government Code Section 36937. Section 6.The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 99582.2 344 INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of ___________ 2011 and ENACTED at a regular meeting of the Cupertino City Council on this ____ of __________ 2011by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith Gilbert Wong City Clerk, City of Cupertino Mayor, City of Cupertino 99582.2 345 Exhibit A City of Cupertino CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED 16.58.010 Code Adoption. The provisions of the 2010 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(d)(1) and is made available for public inspection. 16.58.015 Adoption of Appendix Chapters No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. 16.58.040 Local Amendments The following provisions of this Chapter shall constitute local amendments to the cross- referenced provisions of the California Green Building Standards Code, 2010 Edition, and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. 16.58.050 Section 101.1 – Amended Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as “this code.” The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. 16.58.070 Section 101.3 – Amended Amend Section 101.3 to read as follows: 101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless 99582.2 346 otherwise indicated in this code for the City of Cupertino. The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately-owned buildings and structures in accordance with the provisions of this Chapter. It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third party green building program. 16.58.100 Section 101.10 – Amended. Amend Section 101.10 to read as follows: 101.10 Mandatory requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2010 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code. 16.58.110 Section 101.10.1 – Added Add Section 101.10.1 to read as follows: 101.10.1 Project Types – as set forth in Table 101.10. 16.58.120 Section 101.10.1.1 – Added. Add Section 101.10.1.1 to read as follows: 101.10.1.1 Residential projects – as set for in Table 101.10. 16.58.130 Section 101.10.1.1.1 – Added Add Section 101.10.1.1.1 to read as follows: 101.10.1.1.1 Residential new construction – Less than nine (9) homes – as set forth in Table 101.10. 16.58.140 Section 101.10.1.1.2 -- Added: Add Section 101.10.1.1.2 to read as follows: 99582.2 347 101.10.1.1.2 Residential new construction – Nine (9) homes or more – as set forth in Table 101.10. 16.58.150 Section 101.10.1.1.3 -- Added Add Section 101.10.1.1.3 to read as follows: 101.10.1.1.3 Major multi-family residential renovations/additions – as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition. 16.58.160 Section 101.10.1.1.4 - Added Add Section 101.10.1.1.4 to read as follows: 101.10.1.1.4 Non-residential new construction, small – as set forth in Table 101.10. 16.58.170 Section 101.10.1.1.5 – Added Add Section 101.10.1.1.5 to read as follows: 101.10.1.1.5 Non-residential new construction, medium -- as set forth in Table 101.10. 16.58.180 Section 101.10.1.1.6 – Added Add Section 101.10.1.1.6 to read as follows: 101.10.1.1.6 Non-residential new construction, large -- as set forth in Table 101.10. 16.58.190 Section 101.10.1.1.7 – Added Add Section 101.10.1.1.7 to read as follows: 101.10.1.1.7 Non-residential renovations/additions, minor -- as set forth in Table 101.10. Requirements shall only apply to the scope of work of renovation/addition. 16.58.200 Section 101.10.1.1.8 – Added Add Section 101.10.1.1.8 to read as follows: 99582.2 348 101.10.1.1.8 Non-residential renovations/additions, major -- as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition. 16.58.210 Section 101.10.1.1.9 –Added Add Section 101.10.1.1.9 to read as follows: 101.10.1.1.9 Mixed-Use -- as set forth in Table 101.10. 16.58.220 Table 101.10 – Added Add Table 101.10 to read as follows: Project Type Minimum Green Building Required Verification Requirement A.NEW CONSTRUCTION Residential Single Family and Multi- Minimum: Third Party. GPR certified at Family homes < 9 homes: minimum 50 points or LEED Certified or Alternate Reference Standard per Section Alternate Reference Standard: 101.10.2 Third Party. Single Family and Multi- Minimum: Third Party. GPR certified at Family homes minimum 50 points or LEED Silver Certified or Alternate Reference Alternate Reference Standard: Standard per Section Third Party. 101.10.2 Non-Residential Small, Minimum: City Review CALGreen Mandatory* 99582.2 349 Project Type Minimum Green Building Required Verification Requirement Mid-size, 10,001 – 50,000 SF: Minimum: City Review. Intent of LEED Certified or Alternate Reference Alternate Reference Standard: Standard per Section Third Party. 101.10.2 Large, 50,001 or more SF: Minimum: Third Party. LEED Silver Certification or Alternate Reference Alternate Reference Standard: Standard per Section Third Party. 101.10.2 B.RENOVATIONS AND ADDITIONS a.Residential i.Single-family None Exempt ii.Multi-family (minor): None Exempt Minimum: City Review iii.Multi-family (major): Intent of GPR (except for LEED EBOM minimum 50 pts Renovations and/or which shall require Third (applicable only to the additions with a Floor Area Party). area of renovation/ Ratio (FAR) increase addition) or and at least 10,000 square feet, and replace or alter the Intent of LEED HVAC system and at least Certified or LEED two of the following: building EBOM Certified or envelope, hot water system Alternate Reference and lighting system: Standard per Section 101.10.2 Alternate Reference Standard: Third Party. b.Non-Residential i.Minor: Renovations and/or Minimum: City Review. CALGreen Mandatory* additions that do not meet the (Applicable only to the scope higher thresholds for “major of work of the renovations and additions” in addition/renovation) 99582.2 34: Project Type Minimum Green Building Required Verification Requirement the cell below. ii.Major. Renovations and/or additions that comprise at least 10,000 square feet, and replace or alter the HVAC system and two of the following: building envelope, hot water system, and lighting system. 10,000 – 50,000 square feet Minimum: 10,000 – 50,000 Intent of LEED square feet - City Review Certified (applicable (except for LEED EBOM only to the area of option which requires current renovation/ addition) Third Party certification. or LEED EBOM Certified or Alternate Reference Standard per Section Alternate Reference Standard: 101.10.2 Third Party. 50,001 or greater square feet LEED Certified (applicable only to the area of renovation/ Minimum: 50,001 or greater addition) or LEED square feet - Third Party. EBOM Certified or Alternate Reference Standard: Alternate Reference Third Party. Standard per Section 101.10.2 Mixed-Use For new and renovation/addition projects with residential and non-residential components, each use shall comply with the mandatory measures of the California Green Building Standards Code and any amendments to this code by the City of Cupertino, and with the requirements applicable to each use, and with the requirements applicable to the use that comprises the 99582.2 351 Project Type Minimum Green Building Required Verification Requirement majority of the project’s permitted square footage. Notes: ”Major” renovations and/or additions” apply only to the area of the renovation/addition, unless the LEED EBOM Certified option is selected in which case the entire building must have a current certification. *Cal Green Mandatory requirements shall only be applied to elements included in the scope of a project. 16.58.230 Section 101.10.2 – Added Add Section 101.10.2 to read as follows: 101.10.2 Alternate green building standards. The applicant may request to apply an alternate green building reference standard for a project in lieu of the minimum standards per Table 101.10. In making a determination in response to an application under this section, the Building Official may allow an alternate reference standard if he/she finds that the proposed alternative reference green building rating system complies with all of the following: A.Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials, and healthy building practices; B.Applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards; C.Includes a formalized certification process that incorporates third party verification; and D.The project will advance the purposes of this Chapter. 16.58.240 Section 102.3 – Amended Amend Section 102.3 to read as follows: 102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third Party or City Review verification process per the requirements in Table 101.10. The following lists the verification requirements for Third Party and City Review verification, and alternative methods: A.Third Party Certification. A project will be required to meet the Third Party certification process if the City determines that the project meets or exceeds the applicable thresholds listed in Table 101.10. The applicant shall submit all of the following to the City, in addition to other application requirements, to assist the City in determination compliance with the green building requirements: a.Planning Application. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits that demonstrates that the proposed project meets the applicable minimum requirements. 99582.2 352 b.Building Permit. i.Proof of project registration with administrating body of the applicable reference standard, and ii.A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; that demonstrate that the proposed project meets the applicable minimum requirements, and c.Green Building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(c). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter. d.Within 18 months of Final Occupancy – Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. B.City Review. A project will meet the City Review process if the City determines that the project meets or exceeds the applicable thresholds set forth in Table 101.10 and the applicant submits all of the following to the City in addition to other application requirements, to assist the City in making that determination: a.Planning Application. i.A green building checklist per Section 102.3(A)(a). b.Building Permit. i.A green building checklist per Section 102.3(A)(b)(ii), and ii.A refundable deposit to defray the City’s costs of verifying that the building is designed to the applicable minimum requirements. 16.58.260 Section 102.3.1 – Added Added Section 102.3.1 to read as follows: 102.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. Projects that are exempted from the requirements of the California Green Building Standards Code as amended by the City of Cupertino shall meet the requirement in section A and at least oneof the requirements in sections B-D: A.Projects that demonstrate that it is not feasible for the project to fully meet the green building requirements and that the purposes of this chapter will have been achieved to the maximum extent possible shall be exempted only for the specific rating system prerequisite that has been determined to be infeasible. B.Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or 99582.2 353 C.Projects that demonstrate compliance with this code but which will conflict with the California Building Standards Code; or D.Projects with atypical energy-related design requirements and/or patterns of use that make compliance with the thresholds of this code infeasible. 16.58.280 Section 202 – Amended Amend Section 202 to add or amend the following definitions: A.“Building Envelope” means the separation between the interior and the exterior environments of a building in order to provide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation, roof, walls, and windows. B.“Decision maker” means the person or entity with final approval authority over the underlying project. C. “Green Building Checklist” means a checklist, typically with prerequisites and credits and/or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification. D.“Green Point Rated (GPR)” means a residential green building rating system developed by Build It Green. Projects can use any of the adopted GPR checklists that most appropriately apply to the project type proposed. E.“Leadership in Energy and Environmental Design (LEED)” means a green building rating system developed by the U.S. Green Building Council for residential and non-residential projects. Projects can use any of the adopted LEED checklists that most appropriately apply to the project type proposed. F.“Minimum Green Building Requirement” means the minimum green building requirement that applies to a particular project, as listed in column 2 of Table 101.10. G.“Required Verification” means the standards that correspond to the requirements of a particular green building rating system and project type, as listed in column 3 of Table 101.10, for which verification procedures are fully set forth in Section 102.3. H."Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 16.58.290 Section 303.1.1 -- Amended Amend Section 103.1.1 to read as follows: 303.1.1 Tenant improvements. The provisions of this code shall apply to the applicable tenant or occupant improvements to a project. 16.58.300 Section 4.304.1.1 – Added Add Section 4.304.1.1 to read as follows: 4.304.1.1 Compliance with local water-efficient landscape ordinance. Residential 99582.2 354 projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 16.58.310 Section 5.304.1.1 – Added Add Section 5.304.1.1 to read as follows: 5.304.1.1 Compliance with local water-efficient landscape ordinance. Non-residential projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 99582.2 355 Exhibit B Findings for Amendments to the California Green Building Standards Code In accordance with the Health and Safety Code Sections 17958, 17958.5, and 17958.7, the City Council must make findings for each proposed local change to the provisions of the California Building Standards Code, including green building standards, to support its determination that each such local amendment is reasonably necessary based on climatic, topographical or geological conditions. In adopting the amendments to Chapter 16.58 of the Cupertino Municipal Code pertaining to the California Green Building Standards Code, the City Council of the City of Cupertino finds as follows: A.General Findings Related to Green Building Requirements in Cupertino 1.Green building is a “whole systems” approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 2.The Environmental Resources and Sustainability Element of the City of Cupertino’s General Plan 2000-2010 recognizes that the community’s environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City’s viable ecological communities and environmental resources will result in the protection of both the human and natural environments. 3.City of Cupertino’s General Plan 2000-2010 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a.Location b.Site planning c.Energy efficiency d.Material efficiency e.Water efficiency 99582.2 356 4.The City of Cupertino previously adopted ordinances to further green building measures, including the California Green BuildingStandards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection. B.Findings for Local Amendments to the 2010 California Green Building Standards Code (16.58 of the Cupertino Municipal Code) 1.The City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures. 2.Green building is a “whole systems” approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 3.The Environmental Resources and Sustainability Element of the City of Cupertino’s General Plan 2000-2010 recognizes that the community’s environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City’s viable ecological communities and environmental resources will result in the protection of both the human and natural environments. 4.City of Cupertino’s General Plan 2000-2010 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a.Location b.Site planning c.Energy efficiency d.Material efficiency e.Water efficiency 5.California Assembly Bill 32 (Global Warming Solutions Act of 2006, Health and Safety Code §38500 et seq.) requires actions on the part of the State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels. 6.Green building regulations further the Sustainability Principles of the General Plan involving building and land development, disposal of construction and 99582.2 357 demolition debris, storm water quality and floor protection, tree protection, water conservation, landscaping and resource conservation. 7.Built It Green is acknowledged in promoting and defining residential green building by development of its Green Point Rated Rating System. 8.The Green Building Certification Institute (GBCI) administers the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) Rating System. 9.Green building techniques are widespread in residential and non-residential building construction, and such techniques can impact the City’s environment, greenhouse gas emissions, resource usage, energy efficiency, water usage, waste management, and the health and productivity of residents, workers and visitors over the life of the building. 10.Requiring green building measures is necessary to achieve public health and welfare benefits to the community. 99582.2 358 CITY OF CUPERTINO Attachment B 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO: 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING USER FEES FOR THE GREEN BUILDING STANDARDS CODE ADOPTED (CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE). WHEREAS, the State of California requires fees charged for services rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; and WHEREAS, the City of Cupertino has amended the Green Building Standards Code Adopted Ordinance (Chapter 16.58 of the Cupertino Municipal Code) for incorporation of green building requirements; and WHEREAS, user fees in the form of green building deposits are needed to be established to meet the requirements of the Green Building Standards Code Adopted Ordinance and shall be used solely to advance the purposes of green building. NOW, THEREFORE, BE IT RESOLVED that: 1.Green Building Standards Code Adopted Ordinance user fees are established per amendment in Exhibit A. 2.User fee is effective _________, 2011. PASSED AND APPROVED at a regular meeting of the City Council of the City of Cupertino this ____ day of ____, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: 359 ATTEST: APPROVED: Kimberly Smith Gilbert Wong City Clerk, City of Cupertino Mayor, City of Cupertino 2 35: CITY OF CUPERTINO Exhibit A Resolution 10-072 Fees Effective July 1, 2010 Schedule C -- Planning Fence Exception $634.00 Director - Variance $1,594.00 Director - Minor Modification $1,115.00 Tree Removal Permit First Tree $160 Each Additional Tree $81 Retroactive Tree Removal Permit $2,851 Tree Management Plan $1,115 Temporary Use Permit $1,274.00 Temporary Sign Permit $186.00 Sign Program $639.00 Appeals$162.00 Zoning, Planning, Municipal Code (Building Permit Fees) Commercial/Multi-Family $0.25/sq. ft. Residential Single Family $0.13/sq. ft. Wireless Master Plan Fee: Equipment Mount on Existing Light Utility Pole $5.78 Wireless Master Plan Fee: Other Personal Wireless Facility $1,158.00 Housing Mitigation In-Lieu Fees Residential** $2.67/sq. ft. Office/Industrial/Hotel/Retail/R&D $5.08/sq. ft. P(MP) $2.54/sq. ft. Zoning Verification Letter $168.00 Green Building Deposit – Third Party Certification Process Single-Family Residential $2/sq. ft., max $1,000 Multi-Family Residential$2/sq. ft., min. $20,000/max. $40,000 Non-Residential$2/sq. ft., min. $35,000/max. $75,000 Green Building Deposit – City Review Process Single-Family ResidentialConsultant cost, initial $500 deposit Multi-Family ResidentialConsultant cost, initial $1500 deposit Non-residentialConsultant cost, initial $1500 deposit **Recommended for review during FY 10/11 by the Fiscal Strategic Plan Committee 361 Attachment C CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED Section 16.58.010 Code adoption. 16.58.015 Adoption of appendix chapters. 16.58.020City of Cupertino's Green Building Ordinance requirements. 16.58.010 Code Adoption. The provisions of the 2010 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. (Ord. 2072, (part), 2010) 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. (Ord. 2072, (part), 2010) 16.58.020City of Cupertino's Green Building Ordinance Requirements. Notwithstanding the provisions of this code, refer to the adopted City of Cupertino's Green Building Ordinance for additional sustainability requirements. (Ord. 2072, (part), 2010) 362 Attachment D City of Cupertino Green Building Ordinance Cost Analysis Prepared by: Global Green USA March 21, 2011 363 Background Bu!uif!sfrvftu!pg!uif!Djuz!pg!Dvqfsujop!Dpnnvojuz!Efwfmpqnfou!Efqbsunfou-!Hmpcbm Hsffo!qsfqbsfe!uif!gpmmpxjoh!bobmztjt!pg!ipx!uif!qspqptfe!Hsffo!Cvjmejoh!Psejobodf! sfrvjsfnfout!xpvme!jnqbdu!efwfmpqnfou!dptut!pg!qspkfdut!jo!uif!Djuz/ Uif!qvsqptf!pg!uif!hsffo!cvjmejoh!psejobodf!jt!up!sfevdf!sftpvsdf!vtf-!dsfbuf!ifbmuijfs! mjwjoh!boe!xpsljoh!fowjsponfout-!sfevdf!hsffoipvtf!hbt!fnjttjpot-!boe!gptufs!b! dpotjtufou!sfhvmbupsz!bqqspbdi!cfuxffo!uif!Djuz!pg!Dvqfsujop!boe!puifs!qvcmjd!bhfodjft! jo!Tboub!Dmbsb!Dpvouz/!Uif!qspqptfe!psejobodf!bvhnfout!fyjtujoh!Djuz!qmboojoh!boe! cvjmejoh!dpeft!)jodmvejoh!uif!Tubuf!pg!Dbmjgpsojb!Dbm!Hsffo!dpef!uibu!xfou!joup!fggfdu!po! 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Hsffo!Cvjmejoh!Psejobodf!tuboebset-!boe!upefufsnjof!jg!boz!tjhojgjdbou!bmufsbujpot!up! uif!eftjho!pg!uif!qspqptfe!qspkfdut!xpvme!cf!sfrvjsfe/ Uiftf!qspkfdut!bsf!bt!gpmmpxt; 21861!Kpiotpo!Bwfovf!bofx!3-491!tr/gu/!uxp.tupsz!tjohmf.gbnjmz!exfmmjoh 21956!Opsui!Tufmmjoh!Spbe!31ofx!uxp.tupsz!upxoipvtftupubmjoh!43-311!tr/gu/ 21:11!Opsui!Uboubv!Bwfovf!bofx!uxp.tupsz!:7-791!tr/gu/!tifmm!pggjdf!cvjmejoh Methodology Hmpcbm!Hsffo!sfdfjwfe!uif!cvjmejoh!qmbot!gps!fbdi!qspkfdu!uibu!xfsf!vtfe!gps!uif!qmboojoh! bqqspwbm/!Uif!qmbot!qspwjefe!cbtjd!qspkfdu!jogpsnbujpo!sfhbsejoh!tj{f-!ovncfs!pg! exfmmjoh!vojuz-!ifjhiu-!mpdbujpo!pg!qbsljoh-!boe!hfofsbm!mboetdbqjoh-!cvu!eje!opu!qspwjef! efubjmfe!jogpsnbujpo!po!tqfdjgjd!cvjmejoh!tztufnt-!dpotusvdujpo!nbufsjbmt-!ps!qmbou! tfmfdujpot/!!Uifsfgpsf!uif!bobmztjt!xbt!dpoevdufe!bu!b!ijhi!mfwfm-!xjui!b!gpdvt!po!uif! qsfsfrvjtjuft/!!Uifpckfdujwf!pg!uif!sfwjfx!xbt!up; Efufsnjof!jg!boz!btqfdu!pg!uif!dvssfou!eftjho!dsfbufe!b!tjhojgjdbou!cbssjfs!up! bdijfwjoh!MFFE!dfsujgjdbujpo/ Bttftt!xibu-!jg!boz-!npejgjdbujpot!xpvme!cf!offefe!up!fbso!MFFE!dfsujgjdbujpo/ Efwfmpq!b!spvhi!ftujnbuf!pg!beejujpobm!dptut!uibu!xpvme!cf!jodvssfe!cz!uif!hsffo! cvjmejoh!psejobodf/ Uif!MFFE!sbujoh!tztufn!xbt!uif!cbtjtgps!uif!bobmztjt-bt!ju!jt!uif!nptu!tusjohfou!pg!uif! sbujoh!tztufnt!sfgfsfodfe!jo!uifqspqptfe!hsffo!cvjmejoh!psejobodf/!Uif!dvssfou! wfstjpot!pg!uif!MFFE!Sbujoh!Tztufnt!gps!Cvjmejoh!Eftjho!boe!Dpotusvdujpo!)4/1*!boe! 2 Global Green USA –Green Building OrdinanceCost Analysis 364 Ipnft!)3119*xfsf!vtfe/Up!fbso!dfsujgjdbujpo-!b!opo.sftjefoujbm!qspkfdu!nvtu!nffu! tfwfo!qsfsfrvjtjuft!boe!fbso!bu!mfbtu!51!qpjout/!!Sftjefoujbm!qspkfdu!nvtu!nffu2:! qsfsfrvjtjuft!boe!fbso!bu!mfbtu!61!qpjout Uif!hsffo!cvjmejoh!sbujoh!tztufnt!sfgfsfodfe!jo!uif!Dvqfsujop!psejobodf-!VT!Hsffo! 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Dbm!Hsffo!dpef-xijdi!ibt!qsftdsjqujwf!sfrvjsfnfout!gps!xbufs!fggjdjfodz-!cvjmejoh! nbufsjbm!fnjttjpot-!boe!b!ovncfs!pg!dpotusvdujpo!qsbdujdft/!!Xifo!uiftf!dpef.sfrvjsfe! jufnt!pwfsmbqqfe!xjui!MFFE!qsfsfrvjtjuft!ps!dsfejut-!op!beejujpobm!dptut!xfsf!bttvnfe! up!cf!jodvssfe!bt!b!sftvmu!pg!uif!Hsffo!Cvjmejoh!Psejobodf/ Findings Analysis of Current Design Uif!dvssfou!eftjhot!pg!uif!qspkfdutep!opu!dsfbuf!boz!tjhojgjdbou!cbssjfst!up!bdijfwjoh! MFFE!dfsujgjdbujpo/!!Uif!qsfsfrvjtjuft!uibu!bsf!opu!dvssfoumz!nfu!jo!uif!bsfbt!pg!fofshz! fggjdjfodz!boe!wfoujmbujpo!dbo!cf!beesfttfe!uispvhi!vqhsbeft!up!uif!fyjtujoh!cvjmejoh! eftjho-!cvu!xpvme!opu!sfrvjsf!nbkps!npejgjdbujpot!up!uif!eftjhot/!Bt!MFFE!jt!b! qfsgpsnbodf.cbtfe!tztufn!uif!eftjho!ufbnt!dbo!tfmfdu!dsfejut!uibu!bqqspqsjbuf!up!uif! eftjho!boe!cvehfu!pg!uif!qspkfdut/!!Gps!fybnqmf!pof!qspkfdu!dpvme!efdjef!up!fnqibtj{f! fofshz!qfsgpsnbodf!xijmf!bopuifs!dpvme!dipptf!xbufs.sfmbufe!tusbufhjft!boe!uijse!dpvme! gpdvt!po!dsfejut!sfmbufe!cvjmejoh!nbufsjbmt/!!Bt!uifsf!bsf!nboz!pqujpot!ju!jt!opu!fyqfdufe! uibu!boz!pg!uif!qspkfdut!xjmm!ibwf!ejggjdvmuz!jo!jefoujgzjoh!b!tvggjdjfou!ovncfs!pg!dsfejut!up! fbso!dfsujgjdbujpo/ Modifications Required to EarnLEED Certification Uif!npejgjdbujpot!uibu!xpvme!cf!sfrvjsfe!dbo!cf!bdijfwfe!xjuijo!uif!dvssfou!eftjhot/!! 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Djuz-!21861!Kpiotpo!Bwfovf!jt!dvssfoumz!fydffejoh!Ujumf!35!cz!29/6-!uivtnffujoh!uif! 26&!jnqspwfnfou!uisftipmeqsfsfrvjtjuf/21956!Opsui!Tufmmjoh!Spbejt!dvssfoumz! fydffejoh!Ujumf!35!cz!bqqspyjnbufmz!9&!boe!21:11!Opsui!Uboubv!Bwfovf!jt!dvssfoumz! nffujoh!uif!nboebupsz!dpef!njojnvn/!!Uiftf!uxp!qspkfdut!xpvme!sfrvjsfuif! tqfdjgjdbujpo!pg!bnpsf!fofshz!fggjdjfou!cvjmejoh!fowfmpqf!gfbuvsft!boenfdibojdbm! tztufnt!jo!psefs!up!dpnqmz!xjui!uif!MFFE!fofshz!qsfsfrvjtjuf/ 3 Global Green USA –Green Building OrdinanceCost Analysis 365 Up!bdijfwf!tvggjdjfou!qpjout!up!fbso!dfsujgjdbujpo-!bmm!uisff!qspkfdut!xpvme!bmtp!offe!up! jodpsqpsbuf!uif!gpmmpxjoh; Vqhsbefe!nfdibojdbm!tztufn!eftjho!jo!psefs!up!wfsjgz!uibu!MFFE!Joepps! Fowjsponfoubm!Rvbmjuz!qsfsfrvjtjuft!bsf!nfu!boe!tqfdjgzjoh!nfdibojdbm!frvjqnfou! sfgsjhfsbout!uibu!bsf!gsff!pg!IDGDt/ Npejgjdbujpo!pg!uif!mboetdbqf!qmbot!up!gvsuifs!sfevdf!xbufs!vtf/! Tqfdjgjdbujpo!pg!fowjsponfoubmmz!qsfgfsbcmf!cvjmejoh!qspevdut-!jodmvejoh!sfdzdmfe. dpoufou-!mpx.fnjttjpot-!boe!mpdbmmz!nbovgbduvsfe!nbufsjbmt/ Tupsnxbufs!nbobhfnfou!tztufnt!up!dbquvsf!boe0ps!usfbu!tupsnxbufs!cfgpsf!ju!mfbwft! uif!tjuf/!! Jodsfbtfe!sfrvjsfnfout-gspn!uif!dvssfou!Djuz!tuboebse!pg!61&!up!86&!sbuf!pg! ejwfstjpo-gps!dpotusvdujpo!boe!efnpmjujpo!xbtuf/ Jo!dpotusvdujpo-!bmm!uisffqspkfdut!xpvme!offe!up!jodmvef!beejujpobm!dpotusvdujpo! wfsjgjdbujpo!nfbtvsft/!!Gps!21:11!Opsui!Uboubv!Bwfovf!uijtxpvme!jodmvef!beejujpobm! dpnnjttjpojoh-!npojupsjoh!boe!wfsjgjdbujpo!pg!fofshz!qfsgpsnbodf/!!Gps!uif!21861 Kpiotpo!Bwfovfboe21956!Opsui!Tufmmjoh!Spbeqspkfdut-!uif!beejujpobm!sfrvjsfe! nfbtvsft!bsf!uif!IFST!)Ipnf!Fofshz!Sbujoh!Tztufn*!wfsjgjdbujpot!uibu!bsf!jodmvefejo uif!MFFEfofshz!qsfsfrvjtjuf;!Rvbmjuz!Jotvmbujpo!Jotubmmbujpo-!Evdu!Mfblbhf-!boe! Sfgsjhfsbou!Dibshf/ Estimate of Additional Costsand Savings Hfofsbmmz!hsffo!cvjmejoh!ibt!cffo!efufsnjofe!up!sftvmu!jo!bo!bwfsbhf!beejujpobm! dpotusvdujpo!dptu!pg!3&/!Xpsltipqt!dpoevdufe!jo!uif!gbmm!cz!uif!Cvjmejoh!Tuboebset! Dpnnjttjpo!jo!sfhbse!up!uif!sfdfoumz!bepqufe!Dbm!Hsffo!dpef!ftujnbufe!uibu!uif!dptut! bttpdjbufe!xjui!uif!Dbm!Hsffo!sfrvjsfnfout!bsfbqqspyjnbufmz!%1/61!up!%2/11!b!gppu/Jo! beejujpo-!b!tuvez!sfdfoumz!dpnqmfufe!cz!Hmpcbm!Hsffo!gps!uif!Djuz!pg!Npvoubjo!Wjfx! Fofshz!Sfbdi!Dpef!jefoujgjfe!bo!bwfsbhf!beejujpobmdptu!pg!%/51qfs!tr!gu/!gps!sftjefoujbm! boe%2/61!gps!opo.sftjefoujbm!cvjmejoht!up!jodpsqpsbuf!uif!fofshz!fggjdjfodz!vqhsbeft! offefe!up!bdijfwf!26&!jnqspwfe!qfsgpsnbodf/Dpncjofe-!uiftf!dptut!bsf!%/:1!up! %2/51!qfs!tr/!gu/gps!sftjefoujbm!boe!%3/11!up!%3/61!qfs!trvbsf!gppu!gps!opo.sftjefoujbm/ Dpnqmjbodf!xjui!MFFE!ps!HQS!bmtp!sftvmut!jo!dptut!gps!sfhjtusbujpo-!dfsujgjdbujpo-! beejujpobm!eftjho!ufbn!dppsejobujpo-!boe!epdvnfoubujpo!evsjoh!dpotusvdujpo/ B!tvnnbsz!pg!uif!ftujnbufe!dptut!pg!uif!vqhsbeft!gps!uif!uisff!tuvez!qspkfdut!jt! qspwjefe!jo!Ubcmf!2/Uif!dptut!bsf!cbtfe!po;!b*!uifbttvnqujpot!gps!uif!jodsfnfoubm! dptu!pg!uif!fofshz!tztufn!vqhsbeft!fowjsponfoubmmz!qsfgfsbcmf!nbufsjbmteftdsjcfe! bcpwf-!c*!sfhjtusbujpo!boe!dfsujgjdbujpot!gfft-!d*!gjfme!wfsjgjdbujpo!gfft-!boe!e*!bo!ftujnbuf! gps!qsfqbsjoh!boe!tvcnjuujoh!dfsujgjdbujpo!epdvnfoubujpo!up!uif!VT!Hsffo!Cvjmejoh! Dpvodjm0Hsffo!Cvjmejoh!Dfsujgjdbujpo!Jotujuvuf/ 4 Global Green USA –Green Building OrdinanceCost Analysis 366 Table 1: Incremental Costs of Upgrades to Achieve LEED Certification 10750 Johnson 10845 North 10900 North Tantau Ave.Stelling RoadAvenue Tjohmf.Gbnjmz!Nvmuj.Gbnjmz!Opo.Sftjefoujbm SftjefoujbmSftjefoujbm 3-491!tr/gu/43-311!tr/gu/:7-791!tr/gu/ 1 Registration%561%:11%:11 2 Design%3-611%5-111%21-111 3 Energy Systems%:63%23-991%256-131 4 Materials%2-896%35-111%83-621 Construction %2-111%21-111!%36-111! 5 Verification )IFST*)IFST*)Dpnnjttjpojoh-! N'W* 5 Documentation%3-611%8-611%36-111 Preparation Certification/Provider %2-611%4-611%3-361 6 Fee Total Incremental $10,687$62,780$280,680 Cost 8 Cost/Sq.Ft. $4.49$1.94$2.90 Percent Cost 2.2%1.0%1.5% Increase 2/Gspn!VTHCD!xfc!tjuf 3/Bttvnft!36-51!boe!211!ipvst!bu!bo!bwfsbhf!dptu!pg!%2110is/ 4/Cbtfe!po!Npvoubjo!Wjfx!Fofshz!Sfbdi!Dpef!Dptu.Fggfdujwfoftt!Tuvez; %1/510tg!bwfsbhf!gps!sftjefoujbmboe!%2/610tg!gps!opo.sft- 5/Bttvnft!bwfsbhf!jodsfnfoubm!dptu!pg!%1/860tr/gu/ 6/Cbtfe!po!uzqjdbm!dptut!gps!dvssfou!Hmpcbm!Hsffo!qspkfdut 7/Ebwjt!Fofshz!Hspvq!MFFE!gps!Ipnft!gff!tdifevmf-!HCDJ!gff!tdifevmf 8/Bttvnft!%311!qfs!trvbsf!gppu!bwfsbhf!dptu!pg!dpotusvdujpo Cbtfe!po!sftvmut!gps!tjnjmbs!qspkfdu!uzqft!jo!Npvoubjo!Wjfx!Fofshz!Sfbdi!Dpef!Dptu. Fggfdujwfoftt!Tuvez-!uif!ftujnbufe!boovbm!fofshz!tbwjohtjt!%2260zfbs!gps!uif!tjohmf. gbnjmz!ipvtf-!%2-711!gps!uif!nvmuj.gbnjmz-!boe!%29-111!gps!uif!opo.sftjefoujbm!cvjmejoh/! Beejujpobm!tbwjoht!xpvme!sftvmu!gspn!sfevdfe!xbufs!vtf!boe!mpxfs!nbjoufobodf!dptut/!! Uif!qspkfdut!nbz!bmtp!fyqfsjfodf!npsf!sbqje!bqqsfdjbujpo!ps!ijhifs!bttfttfe!wbmvf!bu! ujnf!pg!tbmf/ Summary Ju!jt!gfbtjcmf!gps!bmm!uisff!qspkfdut!up!bdijfwf!MFFE!ps!HQS!dfsujgjdbujpo!xjuipvu!sfrvjsjoh! tjhojgjdbou!eftjho!npejgjdbujpot/!Uif!qsjnbsz!tpvsdf!pg!jodsfbtfe!dpotusvdujpo!dptut!jt! gspn!vqhsbeft!up!uif!ifbujoh-!dppmjoh-!boe!ipu!xbufs!tztufnt/!Puifs!dptut!jodmvef!uiptf! sfmbufe!up!MFFE!ps!HSQ!sfhjtusbujpo!boe!dfsujgjdbujpo-!hsffo!sbufs!boe!IFST!sbufs!gfft-! boe!beejujpobm!eftjho!gfft!gspn!uif!qspkfdu!bsdijufdut!boe!nfdibojdbm!fohjoffst/! Dpncjofe-!uif!ftujnbufe!jodsfnfoubm!dptu!jodsfbtft!bsf!dpotjtufou!xjui!jodsfnfoubm! dptu!tuvejft!tvdi!bt!uif!Dptu!pg!Hsffo!Cvjmejoh!Sfwjtjufe!)Ebwjt!Mbohepo-!3118*!uibu! 5 Global Green USA –Green Building OrdinanceCost Analysis 367 efufsnjof!uibu!uif!jodsfnfoubm!dptu!pg!bdijfwjoh!MFFE!Dfsujgjdbujpo!sbohf!gspn!1&!up! 6&!pg!upubm!dpotusvdujpo!dptut-!xjui!nptu!qspkfdut!fyqfsjfodjoh!4&!ps!mftt!pg!bo!jodsfbtf! jo!dptut/ 6 Global Green USA –Green Building OrdinanceCost Analysis 368 BUUBDINFOUF 369 36: 371 BUUBDINFOUG 372 373 374 375 376 377 378 379 37: 381 BUUBDINFOUH 382 383 384 385 386 387 388 389 38: 391 BUUBDINFOUI 392 393 394 395 BUUBDINFOUJ 396 397 398 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject 2011Cupertino Bicycle Transportation Plan. Recommended Action Adopt ResolutionNo. 11-______,approvingthe 2011 Cupertino Bicycle Transportation Plan. Discussion The Cupertino Bicycle Transportation Plan is a long-range planning document designed to encourage bicycling as a safe, practical and healthyalternative to the motor vehicle. The current Plan was adopted by the City Council in December, 1998. Since that time, the city has witnessed an increase in bicycle usage, as well as an increased emphasis on alternative forms of transportation as a way toreduce traffic congestion andpromote environmental sustainability. As a result, over the past two years the Cupertino Bicycle Pedestrian Commission and City staff have been working together to develop an update to the Bicycle Transportation Plan that addresses present and future needs of the bicycling community, sustainability, and satisfies the requirements for funding eligibility for bicycle projects. The 2011 Cupertino Bicycle Transportation Plan is divided into five main chapters. Chapter 2, Environment,describes Cupertino’sclimate and topography, its major land-use features, and provides data on present and projected bicycle use. Chapter 3,Engineering,describes each of theseventeenproposed bikeways throughout Cupertino.Chapter 4, Encouragement,describes the ways in which bicycling can be encouraged and discusses incentives to bicycle commuting. Chapter 5, Education,discusses the challenges posed by cyclists who lack the basic skills to safely ride a bicycle in traffic, and the various education programs and approaches designed to improve cyclists’ safety. Chapter 6, Enforcement, focuses on the importanceand roleof law enforcement officials in citing cyclists who fail to observe the rules of the road. The heart of the Plan is Chapter 3, in which each of the seventeen proposed bikeways are described. For each bikeway, the proposed designation (bike route, bike lane, bicycle boulevard, etc.), location, a description of the work to be done, length, and approximate cost are given. Proposed improvements range from small, low-cost items such as installing bike route signs, to large-scale projects such as a grade-separated railroad crossing. Additionally, implementation of many of the bikeways will need to be vetted with the neighborhoods, as they may involve removal of on-street parking, removal of stop signs, or providing access through neighborhoods 399 which currently have no through access. City Council’s adoption of the 2011 Bicycle Transportation Plan will allow staffto pursue the feasibility of the individual bikeways through detailed engineering study,public outreach, and funding research, and that staff will return to Council for final approval of each of the bikeways individually once that work has been done and community concernshave been mitigated to the extent possible. The adoption of a Bicycle Transportation Plan is a requirement for a jurisdiction to be eligible for outside funding from certain sources, such as Transportation Development Act(TDA)money administered through the Metropolitan Transportation Commissionand Bicycle Transportation Account(BTA)money administered through Caltrans. Sustainability Impact Implementation of the elements of the 2011 Bicycle Transportation Plan willencourage bicycling, reduce reliance on the single-occupancy vehicle, and will therefore have a positive impact on sustainability. Additionally, adopting the Plan is consistent with theCirculation Element of the General Plan, Goal B (“Increased Use of Public Transit, Carpools, Bicycling, Walking, and Telecommuting”) and Goal C (“A Comprehensive Network of Pedestrian and Bicycle Routes and Facilities”). Fiscal Impact There is no immediate fiscal impact resulting fromadoption ofthe Bicycle Transportation Plan. However, there will bea cost associated with implementing each of the proposed improvements contained within the Plan. Many of the smaller improvements could be funded by existing operating budgets with minimal fiscal impact. Larger projects may require identifying specific funding sources, such as TDA or BTA grant money, and inclusion withinthe Capital Improvement Program. Staff would return to Council at a later date for approval of individual projects that have a significant fiscal impact. _____________________________________ Prepared by:David Stillman, Senior Civil Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: A-Resolution B-Bicycle Transportation Plan 39: ATTACHMENT A RESOLUTION NO. 11-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE 2011CUPERTINO BICYCLE TRANSPORTATION PLAN WHEREAS, the Bicycle TransportationAccountand Transportation Development Act provide funding for projects thatimprove safety and convenience for bicycling; and WHEREAS, a local agency must have a current Bicycle Transportation Plan to be eligible for Bicycle Transportation Account and Transportation Development Act funds; and WHEREAS, the 2011Cupertino BicycleTransportation Plan has been prepared by the Cupertino Bicycle Pedestrian Commission, in conjunction with City staff; and WHEREAS, the Cupertino Bicycle Transportation Plan complies with California Streets and Highways Code Section 891.2 and the San Francisco Bay Area Regional Transportation Plan; and WHEREAS, the Cupertino Bicycle Pedestrian Commissionrecommends City Council approval of the 2011Cupertino Bicycle Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the 2011Cupertino Bicycle Transportation Plan. PASSED AND ADOPTED at a regular meeting of the City Councilof the City of Cupertino this 3rdday of May, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ City ClerkMayor, City of Cupertino 3:1 3:2 3:3 3:4 3:5 3:6 3:7 3:8 3:9 3:: 411 412 413 414 415 416 417 418 419 41: 421 422 423 424 425 426 427 428 429 42: 431 432 433 434 435 436 437 438 439 43: 441 442 443 444 445 446 447 448 449 44: 451 452 453 454 455 456 457 458 459 45: 461 462 463 464 465 466 467 468 PARKS AND RECREATION DEPARTMENT !!!!DJUZ!IBMM! 21!!!!21VQFSUJOP-!DB!:6125.4366! !!!!UFMFQIPOF;!)519*!888.4221!!!!xxx/dvqfsujop/psh! CITY COUNCIL STAFF REPORT Meeting: May 3, 2011 Subject Consider an Ordinance adopting Chapter 10.90 of the Municipal Code to regulate smoking in recreational areas. Recommended Action Conduct the first reading of an Ordinance of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Description Good health is important to Cupertino residents and businesses. One of the outcomes for the recreation areas smoking and tobacco free is a positive step in making these popular outdoor public areas healthier. San Jose, Milpitas, Saratoga, Sunnyvale, and County of Santa Clara have adopted ordinances restricting smoking in recreational areas. Campbell and Los Gatos are considering adopting a ban on smoking in recreational areas. 469 Discussion On January 10, 2011 the City entered into an agreement with the County of Santa Clara for the purpose of preventing tobacco use. The agreement was a conduit for which the City is eligible to receive $23,387 in grant funds from the Centers for Disease Control. If the Council approves the proposed amendment to the City ordinances, this grant will help the City to implement a city anti- smoking and tobacco use policy in recreation areas. Currently there is a State law that prohibits smoking near playgrounds and tot lots used by children (California Health & Safety Code section 104495). The law applies only to parks designed specifically for use by children and does not apply to smokeless tobacco products. State Law also prohibits smoking within 20 feet of public buildings. Enacting restrictions on smoking and tobacco use in addition to state minimums are supported by the data showing that tobacco-related illness is the leading cause of preventable death in the United 12 states, accounting for about 443,000 deaths each year; and scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to 3 cancer of the lungs, larynx, esophagus, and mouth. These adverse affects are not limited to the user of tobacco products. 4 The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke, and the California Air Resources Board placed secondhand smoke in the same category 1 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 2 - Attributable Mortality, Years of Potential Life Lost, and Productivity Losses United States, 2000- Morbidity and Mortality Weekly Report, 57(45): 1226-1228, 2008. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm. 3 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 4 US Department of Health and Human Services, Office of the Surgeon General. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2007. Report highlights available at: www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet7.html. 46: as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air 5 contaminant for which there is no safe level of exposure. The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to 6 the state of California to cause cancer, birth defects, and other reproductive harm. In fact, secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in 7 the United States, and exposure to secondhand smoke increases the risk of coronary heart 8 disease by approximately thirty percent. These harmful effects are especially troublesome for children in that secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 910 18 months each year, in addition to exacerbating childhood asthma. It is also important to note that levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of 11 smokers. The irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from 12 the burning cigarette. To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the 13 width of a two lane road. 5 Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/regact/ets2006/res0601.pdf; See California Environmental Protection Agency, Air Resources Board. News Release, California Identifies Jan. 26, 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. 6 California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.gov/prop65/prop65_list/files/P65single081106.pdf. 7 US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet Secondhand Smoke. 2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 8 Circulation, 111: 2684-2698, 2005. Available at: www.circ.ahajournals.org/cgi/content/full/111/20/2684. 9 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco f Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 10 US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet Secondhand Smoke. 2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 11 Klepeis NE, Ott WR, and Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San Francisco: University of California, San Francisco and Stanford University, 2004, p. 34, 80. Available at: http://exposurescience.org/pub/reports/Outdoor_ETS_Final.pdf; See also Klepeis -Journal of Air and Waste Management Association, 57: 522-534, 2007. Available at: www.ashaust.org.au/pdfs/OutdoorSHS0705.pdf. 12 Junker MH, Danuser B, Monn C, et al. f Nonsmokers at Very Low Environmental Environmental Health Perspectives, 109(10): 1046-1052, 2001. Available at: www.pubmedcentral.nih.gov/picrender.fcgi?artid=1242082&blobtype=pdf; -Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 13 -Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: 471 While the effects of smoking and second hand smoke are harmful, the implications of using smokeless tobacco are equally concerning and should be addressed. Smokeless tobacco use causes 14 cancerous, and smokeless tobacco products are known to cause lung, larynx, esophageal, and 15 oral cancer. Additionally, 16 disease and death. While smoking and tobacco use have many adverse effects, the litter associated with smoking and tobacco product use also poses a health threat to young children. In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of 17 cigarettes, cigarette butts, and other tobacco products. Children who ingest cigarette butts can 18 experience vomiting, nausea, lethargy, and gagging. Cigarette butts are also a major and persistent source of litter. It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette 19 butts every year. Cigarette filters, made of plastic cellulose acetate, take approximately 15 20 years to decompose. In just three hours, 340,000 cigarette butts were collected from California beaches during the 2008 Coastal Cleanup Day, making cigarette butts the most common type of 21 trash found 24 years in a row. Cigarette filters have been found in the stomachs of birds, fish, whales, and other marine creatures that have mistaken the filters for food, causing the animals to 22 ingest harmful plastic and toxic chemicals Los Angeles County recorded a 40% decrease in 23 cigarette butts after banning smoking on beaches in three cities. http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 14 National Cancer Institute. Smokeless Tobacco and Cancer: Questions and Answers. 2003, p. 2. Available at: www.smokefree.gov/Docs2/SmokelessTobacco_Q&A.pdf. 15 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 16 Nicotine and Tobacco Research, 1(1): 21-44, 1999. 17 American Association of Poison Control Centers. 2004 Annual Report of the American Association of Poison Control Centers Toxic Exposure Surveillance System. Elsevier Inc., 2004, p. 645. Available at: www.poison.org/prevent/documents/TESS%20Annual%20Report%202004.pdf. 18 Cigarettes and Cigarette Butts by Children Rhode Island, January 1994-Morbidity and Mortality Weekly Report, 46(06): 125-128, 1997. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm. 19 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 20 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 21th California Coastal Commission. Press Release: California Finds Silver Lining at the 25 Annual California Coastal Cleanup Day. Nov. 30, 2009. Available at: www.coastal.ca.gov/publiced/ccd/11.30.09.pressrelease.pdf. 22 Surfrider Foundation, Cigarette Butt Litter. Available at: www.surfrider.org/a-z/cig_but.php. 23 Volunteers Comb Coast: Annual Cleanup Turns Up Tons of Trash, Which Generates Helpful DataSan Diego Union-Tribune, Sept. 17, 2006. Available at: www.signonsandiego.com/news/metro/20060917- 9999-2m17cleanup.html. 472 The vast amount of data supporting the adverse health risks, as well as threats to the environment, also demonstrates the high cost of smoking and tobacco use. The total annual 24 economic burden of smoking in the United States is $193 billion, and the total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a 25 total of nearly $15.8 billion in smoking-related costs in 1999 alone. In an attempt to protect the public health, safety and welfare the proposed ordinance would prohibit smoking and use of tobacco products in all City recreational areas. Sustainability Impact Smoke and tobacco free recreational areas help reduce litter as well as the air pollution. Smoke free recreational areas also reduce the risk of a serious wildfire in local parks. Fiscal Impact The grant from the Centers for Disease Control will provide funds to implement the smoke and tobacco free recreational areas policy. These funds will be used to pay for any new signs for the parks as well as informational/educational material regarding the new policy. Prepared by: Teresa Zueger and Mark Linder Reviewed by: Donna Henriques Approved for Submission by: David W. Knapp, City Manager Attachments: 24 Centers for Disease Control and Prevention. News Release, Slightly Lower Adult Smoking Rates. 2008. Available at: www.cdc.gov/media/pressrel/2008/r081113.htm. 25 Max W, Rice DP, Zhang X, et al. The Cost of Smoking in California, 1999. Sacramento, CA: Tobacco Control Section, California Department of Health Services, 2002, p. 74. Available at: http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1026&context=ctcre. 473 474 475 476 477 PUBLIC WORKSDEPARTMENT DJUZ!IBMM 2121411!UPSSF!BWFOVF!!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4465xxx/dvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Consider an Ordinance to place stop signs on Bandley Drive at Mariani Avenue. Recommended Action Conduct first reading of Ordinance No. 11-_____, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections;Bandley Drive at Mariani Avenue. Discussion The intersection of Bandley Drive and Mariani Avenue is a T-intersection that is currently controlled by a stop sign on Mariani Avenue, the minor street approach. There are no stop signs on Bandley Drive. A crosswalk across Bandley exists on the south side of the intersection, and a crosswalk across Mariani exists on the east side. See Attachment Bfor a diagram of the intersection. Traffic volumes through the intersection are fairly heavy during the morning and afternoon commute periods, and pedestrian volumes are also heavy at times. The intersection is on a walking route to Lawson Middle School. Connectivity needs between multiple buildings leased by Apple have also caused greater pedestrian volumes at this intersection. The City has received requests from time to time to convert the intersection to an all-way STOP by installing stop signs on Bandley. The State of California Manual of Uniform Traffic Control Devices (MUTCD) prescribes specific warrantsthat should be met in order to justify installing an all-way STOP. These warrants take in consideration traffic and pedestrian volumes, vehicle speeds, vehicle delays, and accident history. Analysis of intersection operations with respect to these warrants has typically indicated that an all-way STOP installation is not warranted. Within the past three months, there have been two reported accidents at the intersection related to left-turning vehicle conflicts. Also, within the past five years, there have also been two reported accidents involving pedestrians in the crosswalks. This number of accidents is not sufficient in itself to meet the warrants prescribed in the MUTCD; however, the MUTCD does allow the engineer to consider the need to control left-turn conflicts, and the need to control vehicle/pedestrian conflicts, in the determination as to whether an all-way stop installation is warranted. It is staff’s opinion that the installation of stop signs on Bandley Drive will lead to a reduction in these types of accidents in the future. 478 Authority is granted to local jurisdictions to place stop signs through Section 22450(b) of the CVC, which states, “Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where a stop sign would enhance traffic safety.” Fiscal Impact The cost of installing the signs and striping on Bandley Drive is incorporated into the annual operational budget of Public Works staff. There is no additional fiscal impact for this work. _____________________________________ Prepared by:David Stillman, Senior Civil Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: Attachment A-Ordinance Attachment B-Diagram of the intersection 479 ATTACHMENT A ORDINANCE NO. 11-2078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.20.030 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ESTABLISHMENT OF ALL-DIRECTIONAL VEHICULAR STOP REQUIRED AT CERTAIN INTERSECTIONS; BANDLEY DRIVE AT MARIANI AVENUE The City Council of the City of Cupertinodoes hereby ordain that Section 11.20.030 be amended to includethe following: Section 11.20.030All-Directional Vehicular Stop Required at Certain Intersections. Bandley Drive at Mariani Avenue INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd rd day of May, 2011and ENACTED at a regular meeting of the City of Cupertino this 3day of May, 2011by the following vote: VoteCouncilMembers AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _______________________________________ City Clerk Mayor, City of Cupertino 47: ATTACHMENT B STOP SIGNS MARIANI AVE TO BE INSTALLED ¯ 481 OFFICE OF THE CITY MANAGER DJUZ!IBMM 21411!UPSSF!BWFOVF!DVQFSUJOP-!DB!:6125.4366 UFMFQIPOF;!)519*!888.4323!!GBY;!!)519*!888.4477 ebwflAdvqfsujop/psh CITY COUNCIL STAFF REPORT Meeting: March 15, 2011 Subject Introduce a resolutionsetting forth a policy forthe City Council touse teleconferencingin connection with itsCity Council meetings. Recommended Action Consider adoptingthe attached resolutionclarifying theconditions under which teleconferencing may be used. Description On April 5, 2011, Council discussed adoptinga policy to enable council members toattend council meetings via teleconferencing in the event they are unable to attend. The Brown Act sets forth the basic requirements for teleconferencing,but there are various matters left to Council discretion. Government Code Section 54953, a provision of the Brown Act, permits a legislative body to allow teleconferencing if it benefits the public and the City Council. The specific language is as follows: (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agencyin connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (Emphasis added) (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. The Council as a whole must determine how it wants to dealwith teleconferencing; it is not the prerogative of a single member of the Council. This is clear from the language in (b)(1) emphasized above, and is reinforced by the introductory language to subsection (b)(3) noted below. Although the original statutory provision referred only to video teleconferencing, the law now refers to teleconferencing by any electronic means, and in most instances the default method has been audio. 482 (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. The basic requirements set forth in order for a teleconference to be a legal method to conduct a meeting are: 1. All votes must be taken by roll call (see subsection (b)(2) cited above). 2. Agendas must be posted at all teleconference locations (seesubsection (b)(3) cited below.) 3. The Council may provide several teleconference locations (see subsection (b)(4) cited above.) 4. Each teleconference location must be identified in the meeting notice and agenda (see subsection (b)(3) cited below.) 5.Each teleconference location must be accessible to the public (see subsection (b)(3) cited below.) 6. Members of the public must have the opportunity to address the City Council directly at each location (see subsection (b)(3) cited below.) 7. At least a quorum of the City Council must participate from locations within the City; there is a health authority exception that does not apply (see subsection (b)(3) cited below) 8. Meetings must be conducted in a manner that protects the statutory and constitutional rights of all participants (see subsection (b)(3) cited below.) (b) (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. Cities that allow teleconferencing haveprocedures for implementing it. Palo Alto has rules that "strongly discourage" teleconferencing and require a council or board member who wishes to do it to demonstrate that all of the requirements (location, accessibility, etc) can be met before allowing it. San Francisco’s charter prohibits teleconferencing except under limited circumstances. The cities of Campbell, Mountain View, Saratoga, Los Gatos and Sunnyvale have allowed teleconferencing a few times in the last few years but do not have a formal policy on the issue. Acopy of the Palo Altoand San Francisco policies areattached for your review. Logistically, staff will be able to accommodate teleconferencing with some modifications to current practices and equipment. The Clerk’s office may need additional agenda preparation time to coordinate with the councilmember or hotel on the specifics of each event and this will vary depending on the location and facility available. The City Channel crew willbe able tohandle the technical aspects of the call and while the system will accommodate a teleconference currently, some modificationsare required to provide an audio connection void of feedback. It is estimated these 483 technical modificationscan be accomplished bythe end of June. Approved for Submission by:David W. Knapp, City Manager Attachments: A. Proposed Resolution B. City of Palo Alto Teleconferencing Policy C. City of San Francisco Teleconferencing Policy 484 RESOLUTION NO: 11-2079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A POLICY FOR TELECONFERENCING DURING COUNCIL MEETINGS WHEREAS,Government Code54953permits a legislative body to use teleconferencing in connection with its meetings; and WHEREAS, the City Council hereby establishes guidelines for teleconferencing; NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council procedures provisions concerning Telephonic Attendance shall apply solely tothe City Councilfortheopen and closed sessionsof regular and special City Council meetings. (2) Telephonic attendance shall only be permitted whenat least a quorum of the City Council participates from a location within the City. (3) The teleconference location shall beaccessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. (4)Members of the public who attend the meeting at the teleconference location shall have the same opportunity to address the City Council from the remote location that they would if they were present in Council Chambers. (5) The teleconference location shall be identified in the notice and agenda of the meeting. (6) The agenda shall be posted at all teleconference locations. (7) All votes taken during a teleconferenced meeting shall be by roll call. PASSED AND ADOPTEDat a regular meeting of the City Council of the City of Cupertino rd this 3day of May,2011 by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: 485 ATTEST:APPROVED _____________________________________________________ City ClerkMayor, City of Cupertino 486 487 488 489 48: