Packet.pdfTable of Contents
Agenda 3
Proclamation presentation to Monta Vista student Sihua Xu for
Siemens Scholarship
No written materials 7
Proclamation to West Valley Community Services and Merlion
Restaurant for Taste of Compassion
No written materials 8
Proclamation to 'Purely Awesome' for their performance at
Destination ImagiNation
No written materials 9
May 30 City Council minutes
Draft minutes 10
June 4 City Council minutes
Draft minutes 16
Accounts Payable for period ending May 25, 2012
Draft Resolution 26
Accounts Payable for period ending June 1, 2012
Draft Resolution 36
Approve destruction of records from Human Resources and
Code Enforcement departments
Staff report 44
Draft resolution 45
Alcoholic Beverage License, Vikhar Valero, 1699 S De Anza
Blvd
Staff report 49
Application 50
Municipal Improvements, 10566 Santa Lucia Road
Staff Report 52
A. Map 53
Collection of the Countywide AB 939 Implementation Fee at
$4.10 per ton and consideration of two countywide agreements
Staff Report 54
A. Table for HHW Agreement and AB 939 Agreement 58
B. Draft resolution authoring agreement for AB 939 59
C. Draft resolution authoring agreement for Household
Hazardous Waste Collection 60
D. Agreement for AB 939 61
E. Agreement for Household Hazardous Waste
Collection 74
Authorize the City Manager to execute an agreement between
the City of Sunnyvale and the City of Cupertino for industrial
wastewater treatment services in Rancho Rinconada
Staff Report 102
A. Draft Resolution 104
B. Agreement 106
1
Authorize the City Manager to enter into an agreement
extending the current agreement for consultation services with
ACI Holdings, Inc. (Apple, Inc.) through September 18, 2012
Staff report 113
Agreement 114
Annual Public Hearing and Adoption of the Fiscal Year 2012-13
Budget and Establishment of the Appropriation Limit
Staff Report 118
Draft Resolution - A 120
Draft Resolution - B 122
Draft Resolution - C 123
Study Session Follow-up Items 125
2
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
SUCCESSOR TO THE REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 19, 2012
6:45 PM
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation presentation to Monta Vista student Sihua Xu for Siemens
Scholarship
Recommended Action: Presentation to student
No written materials
Page: No written materials
2. Subject: Proclamation to West Valley Community Services and Merlion Restaurant for Taste
of Compassion
Recommended Action: Present proclamation
No written materials
Page: No written materials
3. Subject: Proclamation to 'Purely Awesome' for their performance at Destination ImagiNation
Recommended Action: Present proclamation
No written materials
Page: No written materials
POSTPONEMENTS
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 from making any decisions with respect to a matter not listed on the agenda.
Amended on June 14 to add a joint
meeting with the Successor to the
Redevelopment Agency for budget
adoption
Tuesday, June 19, 2012 Cupertino City Council
Successor to the Redevelopment Agency
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 Calendar be acted on simultaneously.
4. Subject: May 30 City Council minutes
Recommended Action: Approve minutes
Draft minutes
Page: 10
5. Subject: June 4 City Council minutes
Recommended Action: Approve minutes
Draft minutes
Page: 16
6. Subject: Accounts Payable for period ending May 25, 2012
Recommended Action: Adopt Resolution No. 12-066
Draft Resolution
Page: 26
7. Subject: Accounts Payable for period ending June 1, 2012
Recommended Action: Adopt Resolution No. 12-067
Draft Resolution
Page: 36
8. Subject: Approve destruction of records from Human Resources and Code Enforcement
departments
Recommended Action: Adopt Resolution No. 12-068
Staff report
Draft resolution
Page: 44
9. Subject: Alcoholic Beverage License, Vikhar Valero, 1699 S De Anza Blvd
Recommended Action: Approve application for Off-Sale Beer and Wine (20)
Staff report
Application
Page: 49
10. Subject: Municipal Improvements, 10566 Santa Lucia Road
Recommended Action: Accept Municipal Improvements
Description: The work included driveway approach and curb & gutter improvements in the
City right-of-way
Staff Report
A. Map
Page: 52
Tuesday, June 19, 2012 Cupertino City Council
Successor to the Redevelopment Agency
11. Subject: Collection of the Countywide AB 939 Implementation Fee at $4.10 per ton and
consideration of two countywide agreements
Recommended Action: a. Adopt Resolution No. 12-061, authorizing execution of the
Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015; b. Adopt
Resolution No. 12-062, authorizing execution of the Agreement for Countywide Household
Hazardous Waste Collection Program for FY 2012-2015 and direct staff to terminate the
Agreement effective July 1, 2013
Staff Report
A. Table for HHW Agreement and AB 939 Agreement
B. Draft resolution authoring agreement for AB 939
C. Draft resolution authoring agreement for Household Hazardous Waste Collection
D. Agreement for AB 939
E. Agreement for Household Hazardous Waste Collection
Page: 54
12. Subject: Authorize the City Manager to execute an agreement between the City of Sunnyvale
and the City of Cupertino for industrial wastewater treatment services in Rancho Rinconada
Recommended Action: Adopt Resolution No. 12-069
Staff Report
A. Draft Resolution
B. Agreement
Page: 102
13. Subject: Authorize the City Manager to enter into an agreement extending the current
agreement for consultation services with ACI Holdings, Inc. (Apple, Inc.) through September
18, 2012
Recommended Action: Amend the term of the current agreement
Staff report
Agreement
Page: 113
SECOND READING OF ORDINANCES
Tuesday, June 19, 2012 Cupertino City Council
Successor to the Redevelopment Agency
JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR TO THE
REDEVELOPMENT AGENCY
PUBLIC HEARINGS
14. Subject: Annual Public Hearing and Adoption of the Fiscal Year 2012-13 Budget and
Establishment of the Appropriation Limit
Recommended Action: a. Grant a negative declaration; b. Adopt Resolution No. 12-070
establishing an Operating and Capital Budget for Fiscal Year 2012-13; c. Adopt Resolution
No. 12-071 establishing an Appropriation Limit for Fiscal Year 2012-13; d. Adopt
Resolution No. 12-072 establishing an Operating Budget for the Successor to the
Redevelopment Agency for Fiscal Year 2012-13; e. Approve Budget Timeline
Staff Report
Draft Resolution - A
Draft Resolution - B
Draft Resolution - C
Study Session Follow-up Items
Page: 118
ORDINANCES AND ACTION ITEMS
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
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, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Subject: Proclamation for Sihua Xu for Siemens Foundation Scholarship.
NO WRITTEN MATERIALS IN PACKET
7
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Subject: Proclamation to West Valley Community Services and Merlion Restaurant for Taste of
Compassion
NO WRITTEN MATERIALS IN PACKET
8
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Subject: Presentation of proclamation to 'Purely Awesome' for their performance at Destination
ImagiNation
NO WRITTEN MATERIALS IN PACKET
9
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Wednesday, May 30, 2012
ROLL CALL
At 1:02 p.m. Vice Mayor Orrin Mahoney called the regular adjourned meeting to order in the
Council Chamber, 10350 Torre Avenue, Cupertino, California.
Present: Vice Mayor Orrin Mahoney, and Council members Barry Chang (1:03 p.m.), Rod Sinks,
and Gilbert Wong. Absent: Mayor Mark Santoro.
STUDY SESSION
1. Subject: Study session on the FY 2012-2013 Budget
Recommended Action: Conduct Budget study session
Written communications for this item included:
• Email from Darryl Stow supporting funding for Cupertino Historical Society
• Email from Donna Austin supporting funding for Cupertino Historical Society and
flyer for German Weinfest fundraiser for Historical Society
• Email from Peter Friedland, Chair of TICC, supporting funding for KMVT
Community Television
• Document from Diana Argabrite describing Euphrat Museum of Art 2012 Cupertino
outreach
• Letter and proposal from Shelley Wolfe, Executive Director of KMVT asking for
funding for digital equipment
• Staff PowerPoint presentation
A. Budget Message
Interim City Manager Amy Chan highlighted her FY 2012/13 Budget Message including:
new reserves to deal with economic fluctuation and public employees retirement funds;
one-time revenue suggested for one-time projects only; creating a fiscally sound structure
to deal with day-to-day operational needs and any enhancement Council feels is
necessary; the City is fortunate to see a once in a lifetime revenue phenomena with
several developments coming in; and recommended funding in several capital
improvement projects previously on the unfunded list. She thanked Council and the Fiscal
Strategic Plan Committee for its leadership toward a financially sustainable future. She
also thanked staff for their hard work and diligence in putting together the budget. Ms.
Chan said that no specific action was required in this study session but to provide any
10
May 30, 2012 Cupertino City Council Page 2
additional direction to staff as necessary. She noted that a budget hearing was scheduled
for Monday, June 4 and budget adoption was scheduled for June 19.
B. Overview of Budget:
Budget Projections 2011/12
Budget Projections 2012/13
Funded/New Programs
Unfunded Programs
Fiscal Strategic Plan Committee recommendations
Director of Administrative Services Carol Atwood gave background on where Cupertino
has been and where it is today financially. She highlighted the recession three years ago
which resulted in a selective hiring freeze and deferred maintenance and ending the fiscal
year with a $6 million shortfall and assuming a $2 million shortfall for FY 2011/12. She
noted that by March, 2011, Cupertino was coming out of the recession and was seeing an
increase in development activity, business to business sales tax was picking up, and
property tax was gradually increasing. The City finished FY 10/11 year with a surplus of
$3.9 million.
She explained that Cupertino was still not out of the recession as of the FY 11/12 budget
preparation dates and therefore needed to implement fiscal strategies to cover
Redevelopment Agency (RDA) costs absorbed back to the General Fund and the HP sales
tax loss. In November, Cupertino went to the voters to ask for an increase in the Transient
Occupancy Tax (TOT) which was successful and will generate about $450,000/year for
the General Fund. Also, the City just refinanced its $44 million of debt at a much lower
interest rate saving $350,000 per year on the annual debt service cost, and the City is
looking at moving the part-time employees out of social security and into another
retirement system which would save $50,000 per year in retirement costs. She also
explained that Cupertino is continuing to pursue the property tax inequity with the State
through the Educational Revenue Augmentation Fund (ERAF) and the Tax Equity
Allocation (TEA) which would give the City $1.2 million.
She said that the proposed budget being presented today is unprecedented due to several
major developments coming in all at once resulting in operational and one-time revenues.
She noted that this budget strategically manages those funds in order to put Cupertino in a
secure financial situation next year and in the years to come. Recommendations include
increasing the CIP and Infrastructure reserves, adding other new reserves, and pre-paying
long-term obligations to free up annual expenditures of approximately $2 million a year.
Finance Director Dave Woo went through the PowerPoint slides regarding General Fund
Trends and Revenues highlighting the revenue assumptions.
Director Atwood continued with the PowerPoint slides highlighting the General Fund
Operating Expenditures; programs not included in the proposed budget; strategic
placement of funds; and all reserves at policy levels or above.
11
May 30, 2012 Cupertino City Council Page 3
City Council asked questions of staff and then Vice Mayor Mahoney opened the meeting
to public comments for what had been discussed so far.
Donna Austin distributed A Sip of History flyer regarding a fundraiser for the Cupertino
Historical Society. She asked Council to put funds back in the budget to help with
displays for the Historical Society. She thanked Council for continuing to support the
Library hours.
Diana Argabrite from the Euphrat Museum distributed a document which showed an
overview of 2011-12 museum activities. She made a PowerPoint presentation as well
showing some representations of art from the museum. She noted that the museum
receives some funding from De Anza College and asked Council for an extra $5,000 to
help fund the museum’s exhibits and activities.
Shelley Wolfe, Executive Director of KMVT Community Television said that her group
would like to provide more services to Cupertino by being more involved in school
activities such as filming high school games and School Board meetings, Chamber of
Commerce events, and being backup support to our local govt. channel. She explained
that they would like to purchase new digital equipment to be able to stream content on
demand and do live streaming. She asked Council for $65,000 as a one-time request to
purchase a Digital Switcher. She distributed a hard-copy proposal to Council.
Peter Friedland, Chair of the Technology, Information, and Communications Commission
(TICC) said that Ms. Wolfe had made a presentation to the TICC and the commission
urged KMVT to focus on Cupertino and encouraged live advertising of school sporting
events, etc. He noted that the City already provides annual subsidy for the KMVT
program, “The Better Part” and noted that changing the equipment from analog to digital
would give Cupertino access to many more services. He said that the commission would
be happy to review the proposal and make a recommendation to Council. Council directed
staff to have the TICC work with KMVT to specify details of the proposal by June 12 and
give an evaluation to Council.
Mel Van Dusen, Producer at KMVT talked about the varied programming including
showing coverage of complete events, rather than just short clips as mainstream television
does. He noted that he has funded and produced 180 shows worldwide including
translating a show into German. He said that National Geographic had contacted and
interviewed him for a Veteran’s Village segment dealing with veterans with Post
Traumatic Stress Disorder. He explained he is also interested in scientific areas such as
where does consciousness come from.
Diane Sparks, Executive Producer, editor, camera person, etc. for The Better Part at
KMVT thanked Cupertino for its support. She urged Council to support the monetary
proposal for an equipment upgrade. She also noted that KMVT films the League of
Women Voters before an election and has quality programs about authors. She said that
they have many volunteers who put in a lot of effort.
12
May 30, 2012 Cupertino City Council Page 4
Beverly Siegel, TICC member, said she is also a producer who uses the KMVT facilities
and she said she gives full support for a digital upgrade. She noted that all the programs
produced educate Cupertino about resources that are available. She said she will produce
a program about how city govt works, what commissions do and how they work, and how
residents can contribute their talents to city govt. She said she also runs classes that help
producers give voice to public access TV, and classes for middle and high school students
on producing programs.
Jennifer Griffin gave some history about the Snyder Hammond House and was concerned
about a potential fire to the old Victorian house. She said that it’s important to have a
place in Cupertino where old buildings can be moved to since they are such an integral
part of the history of Cupertino.
Council recessed from 2:45 p.m. to 2:54 p.m.
C. Departmental Budgets:
Council and Commissions
Administration/Attorney/PIO
Administrative Services
Law Enforcement
Parks and Recreation
Community Development
Public Works
Director Atwood reviewed the Council and Commissions, Administration, Attorney,
Administrative Services, and Law Enforcement department budgets. Public and
Environmental Affairs Director Rick Kitson reviewed the PIO/Communications budget.
Director of Parks and Recreation Mark Linder reviewed the Parks and Recreation budget.
Director of Community Development Aarti Shrivastava reviewed the Community
Development budget. Director of Public Works Timm Borden reviewed the Public Works
budget.
Assistant Public Works Director Roger Lee talked about street trees: proposing $40,000 to tag trees with smart read tags; educating the public on the responsibilities of street
trees; and filling in vacant areas of street trees for the Tree City designation.
D. 5 Year Capital Improvement Program (CIP)
Director Borden reviewed the CIP budget PowerPoint slides highlighting completed
projects, current projects to be completed, and current projects with multi-year funding.
He also highlighted PowerPoint slides on Stevens Creek Corridor Park Phase 2.
13
May 30, 2012 Cupertino City Council Page 5
E. Budget Timeline for FY 2013-14 Proposed Budget
Director Atwood noted a PowerPoint slide regarding the 2013 budget timeline for when
budget materials would be ready for Council review and when the budget study session
would take place. Interim City Manager Amy Chan made a correction noting that staff
had discussed a consistent annual schedule of having the budget material be available on
May 1 each year and holding the budget study session each year on either the second
Council meeting in May or the third week in May.
F. Questions and Answers
City Council asked questions of staff.
G. Public Comments
Vice Mayor Mahoney opened the meeting to public comments for what had been
discussed since the last public comments section.
Jennifer Griffin said that the budget presentations are helpful. She noted that because of
the many developments going on, she hopes the City would focus on traffic congestion
along Stevens Creek Blvd., Blaney, Wolfe, and Stern, to name a few streets and upgrade
the intersections to be more efficient. She also urged Council for more traffic guards at
Blaney. She thanked Council for the Lawrence Mitty parkland and is glad to see it as least
on the unfunded list. She asked Council for a left turn signal at Perimeter turning left
eastbound on Stevens Creek.
Mark Fink, Cupertino Librarian thanked Council for funding and asked to have the
funding continue at the same level in next fiscal year. He gave an overview of the
Library’s success: circulated over 3 million items and expect 850,000 visitors over the
year; from those numbers, 75% of items checked out are from Cupertino residents;
Library has outstanding programs with an average of 3000 visitors a month for those
programs. Some of the programs offered are Shakespeare, Small Business series, and an
Arts and Culture program. They are currently working with middle school science
teachers to introduce the students to the library databases and thanked Council for the
contribution to the reading room which houses this program. He noted that the programs
are funded by the Library Foundation and Friends of the Library.
H. Council Comments:
Operating Budgets
Funded/New Programs
Unfunded Programs
Fiscal Strategic Plan Committee recommendations
5 Year CIP
14
May 30, 2012 Cupertino City Council Page 6
Council directed staff to bring back more information on the following topics:
Any solar projects proposed
Recap of OPEB Trust and return on revenue
Memo on estimated election cost savings - even yr
Benefits of using a lobbyist for ERAF/TEA & cost
Revised festival schedule
Cost estimate to move the Snyder/Hammond House
Information on the proposed Android app and cost
List of IT projects
IT charge backs - this year and last year
Any mobile service improvements in 12/13
Summary of all legal budgets
Department trend analysis
Blue Pheasant expenditures - 4 years
Possible storm drain cost reductions resulting from
plastic bag bans
History & recommendation re: Sports Center fence
List of school partnerships
Summary of Euphrat Museum funding
Fire service summary
Safe Routes to School summary
Budget timeline
McClellan Road sidewalk solutions
Deer Hollow Farm notification of public hearing
ORAL COMMUNICATIONS - None
ADJOURNMENT
At 6:15 p.m. the meeting was adjourned to Monday, June 4 at 6:45 p.m. for the regular City
Council meeting.
____________________________
Grace Schmidt, City Clerk
Staff reports, 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 at www.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.
15
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, June 4, 2012
CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang,
Rod Sinks, and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamations welcoming the PlaneTree Health Information Center to the Cupertino
Library
Recommended Action: Present proclamations
Description: Proclamations will be presented to representatives of the PlaneTree Health
Information Center, and also to the representatives of organizations that made the
collaboration possible, including the Cupertino Library Foundation and the Santa Clara
County Library District
Mayor Santoro presented the proclamations to the three organizations.
2. Subject: Presentation by Hsinchu Sister City Committee
Recommended Action: Accept presentation
Chair Angela Chen introduced a video presentation showing highlights from the annual trip
to Hsinchu and noted that two teacher chaperones and 24 students went. Two of the students
gave their experience of the trip. Ms. Chen presented a gift of a glass dragon to Mayor
Santoro from the mayor of Hsinchu. She also presented a gift of a dragon painting to Council
member Wong from County Librarian Mark Fink.
Council member Wong and Mayor Santoro urged others to go on future trips to Hsinchu.
POSTPONEMENTS - None
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
ORAL COMMUNICATIONS - None
The Mayor noted that there would be no Meet Mayor Mark meeting this Wednesday since
tonight’s Council meeting was on Monday. He noted that the next meeting would be next month
on the Wednesday after the first Council meeting at 4:00PM at City Hall.
CONSENT CALENDAR
Wong moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item No. 10 which was pulled for discussion. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
3. Subject: May 8 City Council minutes
Recommended Action: Approve minutes
4. Subject: May 15 City Council minutes
Recommended Action: Approve minutes
5. Subject: Accounts Payable for period ending May 11, 2012
Recommended Action: Adopt Resolution No. 12-057
6. Subject: Accounts Payable for period ending May 18, 2012
Recommended Action: Adopt Resolution No. 12-058
7. Subject: Improvement Agreement, Sreenivasa Viswanadha and Alivelu Viswanadha, 22017
San Fernando Court, APN: 357-12-005
Recommended Action: Adopt Resolution No. 12-059
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
8. Subject: Improvement Agreement, Chakravarthy Parvathaneni and Rajitha Lanka, 10148
Prado Vista Ave, APN: 342-14-093
Recommended Action: Adopt Resolution No. 12-060
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
9. Subject: Alcoholic Beverage License, Islands Fine Burgers & Drinks, 20750 Stevens Creek
Boulevard
Recommended Action: Approve application for On-Sale General (47)
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
10. Subject: Collection of the AB 939 Implementation and Household Hazardous Waste Fee
Recommended Action: a. Adopt Resolution No. 12-061, authorizing execution of the
Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015; b. Adopt
Resolution No. 12-062, authorizing execution of the Agreement for Countywide Household
Hazardous Waste Collection Program for FY 2012-2015
Sinks moved and Wong seconded to approve the agreement for Countywide Household
Hazardous Waste Collection with direction to staff to increase promotional efforts to
residents so that the program wouldn’t need to continue past FY 2012-13. The motion carried
unanimously.
SECOND READING OF ORDINANCES
11. Subject: Second reading amending Cupertino Municipal Code Section 2.18.110 deleting the
resolution of intent and removal provisions regarding the City Attorney position
Recommended Action: Conduct second reading and enact Ordinance No. 12-2096: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 2.18 of the
Cupertino Municipal Code regarding the City Attorney position"
City Attorney Carol Korade left the dais at 7:15 p.m. due to a conflict of interest with this
item.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Mahoney seconded to read the ordinance by title only, and that the City
Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro,
Sinks and Wong. Noes: None.
Wong moved and Mahoney seconded to enact Ordinance No. 12-2096. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None.
Ms. Korade returned to the dais at 7:16 p.m.
PUBLIC HEARINGS
12. Subject: Consider a Development Permit, Architectural Site Approval permit and
implementing environmental documents for a new development project generally at the
southwest corner of Stevens Creek Boulevard and Blaney Avenue and an expansion at the
Lake Biltmore Apartments at 10159 S. Blaney Avenue
Recommended Action: a.) Approve a Development Permit to allow the demolition of an
approximately 21,000 square foot existing commercial building and the construction of a
mixed-use project consisting of 87 apartment units and a 7,000 square foot commercial
building; Architectural and Site approval for a new mixed use development consisting of 87
apartment units and a 7,000 square foot commercial building; Tree Removal Permit to allow
the removal and replacement of approximately 57 trees to facilitate the construction of a new
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
apartment complex; adopt a Mitigated Negative Declaration; b.) Approve Development
Permit to allow the construction of 12 new residential units at an existing apartment complex;
Architectural and Site approval for 12 new residential units within an existing apartment
complex; Tree Removal Permit to allow the removal and replacement of approximately 5
trees to facilitate the construction of two new apartment buildings; adopt a Mitigated
Negative Declaration
Description: a.) Application No(s): DP-2011-06, ASA-2011-20 (EA-2011-16), TR-2012-18;
Applicant: Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek
Blvd, 10041 Blaney Ave (including the vacant lot to the rear); APN: 369-03-003; 004; 006;
007; b.) Application No(s): DP-2011-05, ASA-2011-19 (EA-2011-15), TR-2012-13;
Applicant: Mike Ducote (Prometheus Real Estate); Location: 10159 S Blaney Ave (Lake
Biltmore); APN 369-03-008
Written communications for this item included:
Staff handout showing excerpts from Technical Appendix B of the Housing Trust
Report Update 2007-2014 and Table 2-A, both from the General Plan
Staff PowerPoint presentation
Emails from residents and other community members regarding this project
Handout from Darrel Lum
Director of Community Development Aarti Shrivastava explained two revisions to the
calculations on the gross lot acreage and number of units allowed on both project sites.
Assistant Planner Simon Vuong reviewed the staff report noting that the recommendation is
now 80 units as explained in the calculation revisions.
Applicant Jon Moss from Prometheus Real Estate Group said that they agree with staff’s
recommendation for approval noting that the plans are consistent with the City’s goals and
vision for the Housing Element and they are not asking for any variances. He explained that
the decision to build one and two bedroom apartments would mitigate the issue of school
impacts and noted that they would pay $328,000 in fees to the school district and pledge an
additional $100,000 to the City for funding school operations. He said that the park fees
would provide the City with $800,000 for existing parks or additional parks and the
development would provide a fraction of housing units for jobs created by the new Apple
development. He noted that Chili’s Restaurant was already closing regardless of development
plans and had expressed interest in terminating the lease early. Mr. Moss emphasized that all
the existing retailers would be able to lease out of the newly proposed development. He
explained that the project would provide access to Stevens Creek Blvd. from both sides of the
retail development, have parking on either side of the two entries, the building depths would
be about 40 feet to attract retail, the buildings would be one and a half stories in total height,
and if existing retailers don’t come back they have some ideas for potential tenants.
Randol Mackley from SRS Real Estate Partners in San Jose said he was invited by
Prometheus to look at the retail development and agreed with staff’s recommendation for the
project. He explained that he is familiar with the difficulty of mixed-use projects and noted
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
his recommendations for the project including adding glazing, recommending 40-foot bay
depths which provide a wider store-front and a better view to the street and rear which leads
to better signage, and a larger than typical concrete apron in the front to provide an
opportunity to sit outside. He gave some examples of possible tenants for a mixed-use
development such as restaurants, jewelry store, men’s and women’s clothing, eye ware,
mobile devices, and bicycles. He noted that they have the ability to pre-lease.
Mayor Santoro opened the public hearing.
Ruby Elbogen showed a picture of traffic from Stevens Creek Boulevard all the way south on
Blaney Avenue. She suggested that a light should be added rather than a stop sign. She
stated that she doubts the school consultant’s results since student population has grown 20%
in two years. She expressed concern regarding traffic and the safety of children on a narrow
residential street. She urged Council to hold off on voting for the project until all the
variables are known.
Fari Aberg said that 80 are better than 87 but feels the density is still too high. She stated that
this is the last piece of land in the Heart of the City and that the City needs tax generation
rather than additional housing in area. She said she opposes the findings by the school
consultant and expressed concern for the safety of children. She stated that she believes the
State doesn’t expect to have housing on this particular land and questioned what the penalty
would be for not having housing. She also said she supports having better types of retail in
the project.
Mark Matsumoto representing the Chamber of Commerce expressed support for development
and submitted a letter to Council earlier. He stated that housing is tied to growing in
sustainable manner. He noted that in surveys, housing is always mentioned as a concern. He
stated that affordable housing is going out of area which creates poor environmental impacts.
He stated that the Biltmore project promotes public transit, discourages urban sprawl,
promotes economic development, and provides walk able areas within the neighborhood. He
acknowledged concerns related to traffic, but supports the project as it was passed by the
Planning Commission on May 8 with revisions as mentioned by staff tonight.
Jennifer Griffin said that she has watched this item go through the Environmental Review
Committee and the Planning Commission and feels that they have put as many
recommendations as possible to follow City ordinances. She stated that she was glad that the
project follows the Heart of the City by not building to the sidewalk. She said she supports
the reduction from 87 to 80, but feels that 65 would be a better number for this property. She
also expressed concern regarding traffic safety at the intersection of Stevens Creek Boulevard
and Blaney Avenue and would support an upgrade to the intersection to make it safer. She
also expressed concern for the oak trees on the west side of the property and feels that the
City should do what is right for Cupertino and not what ABAG requires.
Catherine Chen from State Farm said she welcomes the development but wants more
successful retail space. She said she supports more retail, but is concerned about the parking
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
spaces allocated for the project. Ms. Chen also noted that she didn’t receive any notice for
the meeting even though she is right next door.
Ned Britt said that he is part of the Concerned Citizens of Cupertino. He stated that housing
is an economic net life cycle loss to the City. He suggested that when considering mixed-use
projects the City should demand that there be an increase in the sales tax portion to make up
for the life cycle loss of housing. He also said he opposes using a 30-foot perimeter around
the property to figure out how much housing density should be included in the project. He
also said he opposes the school consultant results and feels their job is to look good for the
developer but does not have real credibility.
Don Sun, Planning Commissioner, but speaking as a resident said that 2-bedroom units are
very attractive to same-sex children and will put more pressure on schools. He also noted that
there is no way to recover from sales tax with the small amount of retail space proposed. He
also questioned whether it was possible to expand retail from one floor to a second floor.
Tom Hugunin said one of his main concerns is the loss of retail space. He noted that the
Apple project will be bringing lots of people into the area to shop and money would be lost
without enough retail space. He said he supports more commercial and less residential on the
site. He also expressed concern regarding traffic on Blaney Avenue because many people
park on the street and it overflows from the complex and also backs up to Rodrigues.
Jon Willey stated that traffic and schools are important to the current residents in the area. He
expressed concern that school impacts have been left out. He stated that he does not support
an increase in housing density without addressing schools. He stated that he does not feel
that enough study has been done regarding the impacts on school issues.
Darrel Lum distributed diagrams that were missing from his earlier written communication.
He discussed the General Plan, Appendix B, Housing Element. He noted that Site 4 and the
other three parcels were supposedly master planned, but there is none for this development.
He indicated that the site plan shows future cross easement to the site (4B) will be losing 3-5
parking spaces and redevelopment of the corner lot. He stated that street width frontage
shouldn’t be included in the calculations for a larger site and that the street dedication was
done by the previous owner. He noted that the Heart of the City ordinances do not use street
dedicated land to determine housing density and should be excluded from the calculations.
He indicated that the trash enclosure was very far from the retail building and there would be
a loss of two parking spaces. He said he supports building 55 units which meets the ABAG
requirement and supports an increase in retail to 10,500 square feet. He said he opposes
retail and residential on a second floor.
Phyllis Dickstein (also speaking for Zahra Pavlovic who gave her time to Ms. Dickstein),
said that the proposed housing is too much. She urged Council to consider the needs of the
neighborhood in question and the number of multi-family units already in place. She stated
that she believes residents in the area would like additional stores and are concerned that
some stores are being warehoused. She also expressed concern that the project would
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
eliminate existing businesses that ordinary residents want, like a grocery store and barber
shop. She stated that traffic on Blaney Avenue is already dangerous for children and would
only increase with more traffic going to work each day. She urged Council to pare down the
project down and not approve without another traffic survey.
Robert McKibbin discussed the parking inadequacies he feels are associated with the
Biltmore. He stated that there are 358 parking stalls for 179 units at the Biltmore with two
parking stalls per unit and another 41 units of street parking on Rodrigues and Blaney. He
expressed concern regarding the reduction in parking stalls at the Biltmore to 320 and an
increase in the number of units that will create a deficit of 62 parking stalls on the Biltmore
site. He also expressed concern for the retail parking space since there is not an option to park
on Stevens Creek Boulevard which will create a deficit of 40 spaces. He urged Council to
look at the development based on parking ratios proposed and what is realistic.
Mayor Santoro closed the public hearing.
City Attorney Carol Korade explained that Council isn’t allowed to consider school impacts
when approving a project.
Council discussed revising the project regarding the number of units, number of parking
stalls, and retail/commercial space provided on the reduce the number of units, increase the
number of parking stalls, and increase the retail/commercial space on the Stevens Creek side.
The applicant requested a continuance to figure out the new design.
Chang moved and Sinks seconded to continue the project to a Council meeting in August
with direction to the applicant to revise the project to include approximately 60 apartment
units instead of 80, increase in the number of parking stalls, and increase in the amount of
provided retail/commercial space on the Stevens Creek site. The motion carried with Mayor
Santoro voting no.
Council recessed from 10:40 p.m. to 10:55 p.m.
13. Subject: Conduct public hearing and adopt Fiscal Year 2012-13 Budget
Recommended Action: Review annual budget and receive public comments before adoption
on June 19, 2012
Written communications for this item included emails from Sonja Marcus, Mike Hammes,
and Dorothy Schafer supporting funding for Deer Hollow Farm and a packet of information
from Nancy Canter regarding the Euphrat Museum of Art.
Director of Administrative Services Director Carol Atwood reviewed the staff report.
Mayor Santoro opened the public hearing.
Bill Kerr requested support of $5,000 for the Cupertino Historical Society.
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
Don Sun requested extra funding for the Cupertino Historical Society.
Dr. Nancy Canter asked for continued support for the Euphrat Museum and requested $5,000
to continue with exhibitions for 2012. She highlighted the previous museum’s exhibits.
Jennifer Griffin said that she was happy to see crews working on storm sewers. She
expressed support for the Deer Hollow Farm and a connection or extension to Rancho San
Antonio Park. She stated that she was glad to hear that Council was considering preserving
the Snyder Hammond house and expressed support for finding a place in Cupertino for
historical buildings. She said she supports having the Lawrence Mitty Park land remain in the
unfunded category for the future and feels that funding to maintain intersections on Stevens
Creek Boulevard should be included.
Carla Dorow was not present but Mayor Santoro read from her speaker card that she was in
favor of funding for Deer Hollow Farm.
Donna and Lawrence Aronson were not present but Mayor Santoro read from their speaker
cards that they were favor of funding for Deer Hollow Farm.
Mayor Santoro closed the public hearing.
The hearing was continued to June 19.
ORDINANCES AND ACTION ITEMS
14. Subject: Annual approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2012-2013
Recommended Action: Adopt Resolution No. 12-063
Director of Public Works Timm Borden reviewed the staff report.
Mahoney moved and Chang seconded to adopt Resolution No. 12-063. The motion carried
unanimously.
15. Subject: Objections to proposed removal of brush and order abatement of potential fire
hazard. NOTE: County Fire inspected all properties again and they are all in compliance so
there is no need for a hearing
Recommended Action: Table item
This item was tabled.
16. Subject: Alternative Retirement System for Temporary and Part-Time Employees
Recommended Action: Adopt Resolution No. 12-064
Description: Approve an Alternative Retirement System provided by Public Agency
Retirement Services (PARS) in lieu of Social Security for employees not eligible for
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
enrollment in the California Public Employees Retirement System (CALPERS) and direct the
City Manager to execute the trust agreement and all necessary documents
Human Resources Technician Maria Jimenez reviewed the staff report.
Wong moved and Mahoney seconded to adopt Resolution No. 12-064. The motion carried
unanimously.
17. Subject: League of California Cities Annual Conference September 5-7 in San Diego
Recommended Action: Designate voting delegate and up to two alternates
Mahoney moved and Wong seconded to designate Council member Wong as the voting
delegate and Vice Mayor Mahoney and Council member Sinks as the alternates. The motion
carried unanimously.
18. Subject: Clarify when the use of teleconferencing in connection with its City Council
meetings is permitted
Recommended Action: Consider adopting one of the attached resolutions; either clarifying
the conditions under which teleconferencing may be used; or deleting the teleconferencing
option, Resolution 12-065
Wong moved and Mahoney seconded to amend the policy to say that teleconferencing only
applies to closed sessions with prior approval of Council. There was further discussion and
Wong withdrew his motion.
Council further discussed how to amend the policy and whether or not to allow Council
member Sinks to participate by teleconference at a possible closed session on June 20.
Council concurred with Chang dissenting to allow Council member Sinks to teleconference
into a possible closed session on June 20 unless the session could be moved to a different
date that he could attend.
Mahoney moved and Wong seconded to adopt an amended teleconferencing resolution with
the following changes to the current policy:
Applies only to closed sessions
Must have prior approval by majority of Council at a previous meeting
Policy goes into effect June 21
Rest of policy stays the same
The motion carried with Council member Chang voting no.
REPORTS BY COUNCIL AND STAFF
Council members highlighted the activities of their committees and various community events.
Monday, June 4, 2012 Cupertino City Council
Successor to the Redevelopment Agency
ADJOURNMENT
At 12:10 a.m. on Tuesday, June 5 the meeting was adjourned.
Staff reports, 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 at www.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.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Approve destruction of records from Human Resources and Code Enforcement.
Subject
Adopt the draft resolution approving the destruction of records.
Recommended Action
The City Council has adopted the Local Government Retention Guidelines Administered by the
California State Archives Division of the Secretary of State’s office as the City’s records retention
schedule. The retention schedule determines that certain records in excess of two years old can be
destroyed. The departmental request for permission to destroy all said records in excess of two
years old as noted in the draft resolution attachment has been approved by the City Clerk and the City Attorney.
Discussion
_____________________________________
Prepared by: Grace Schmidt, Acting City Clerk
Reviewed by: Carol Atwood, Administrative Services Director
Approved for Submission by:
Attachments:
Amy Chan, Interim City Manager
Staff Report
A. Draft Resolution
44
RESOLUTION NO. 12-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING
DESTRUCTION OF CERTAIN RECORDS FROM THE CODE ENFORCEMENT
AND HUMAN RESOURCES DEPARTMENTS
WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02-
037 establish rules and regulations for records retention and destruction, and Resolution
No. 12-039 adding specific record types and extending timelines on certain record types;
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, 02-037, and 12-039;
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 19th day of June, 2012, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________ _____________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
45
46
47
48
49
50
51
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Municipal Improvements, 10566 Santa Lucia Road, APN 342-16-039.
Subject
Accept Municipal Improvements.
Recommended Action
The applicant has completed City-specified improvements in the City right-of-way including,
driveway approach and curb & gutter as required by the improvement agreement with the City.
Discussion
_____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by:
Attachments:
Amy Chan, Interim City Manager
A. Map
52
22650
22690
104 4 4
10594
10535
10564
10555
10458
10472
10488
10459
10473
10641
10651
10575
10625
10595
10487
10591
10631
10585
10593
10605
10629
10596
10630
10620
10598
10600
10584
10582
10570
10588
10590
10668
10650
10551
10583
10545
10636
10455
22683
22655
22700
10447
10445
22641
22627
22613
22589
22575
22600
10535
10530
10554 10555
10540
10566
22680
10651
10638
10611
10631
10615
22632
22620
22630
10645
10645
22714
ALCALDE RD
MERRIMAN RD
SANTA LUCIA RD
CORDOVA RD
LOCKWOOD DR
C
O
R
D
O
V
A R
D
.Subject: Municipal Improvements, 10566 Santa Lucia Road, APN 342-16-039.
Recommended Action: Accept Municipal Improvements.
ATTACHMENT A
53
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Collection of the Countywide AB 939 Implementation Fee at $4.10 per ton and consideration of
two Countywide Agreements.
Subject
Recommended Action
a. Adopt Resolution No. 12-_____, authorizing execution of the Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015.
b. Adopt Resolution No. 12-_____, authorizing execution of the Agreement for Countywide
Household Hazardous Waste Collection Program for FY 2012-2015 and direct staff to terminate the Agreement effective July 1, 2013.
At the Council meetings of May 1, 2012 and June 4, 2012 staff recommended execution of two
agreements. The first was the Agreement for Countywide AB 939 Implementation Fee for FY
2012-2015 and the second was the Agreement for Countywide Household Hazardous Waste
(HHW) Collection Program for FY 2012-2015. No action was taken at the May 1st meeting and staff was directed to compile more comprehensive information regarding the fiscal impacts of
the agreements. Council was presented with the more detailed fiscal impact information on June
4th and action was taken by Council. Upon review of the action, there was uncertainty regarding
agreement durations. Consequently, these agreements are back for consideration.
Description
The Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015 must be adopted
as-is for three years. For the Countywide AB 939 Fee to be collected and distributed back to the
cities, the City of Cupertino (along with fourteen other cities in the County of Santa Clara) and
the County must execute the Agreement for Countywide AB 939 Implementation Fee for FY
2012-2015. If one or more cities do not approve this Agreement, the AB 939 Fee ($4.10/ton or a total of approximately $116,208/year for Cupertino) will be collected by the City of San Jose1
rather than the County and the money will not be distributed to the other cities.
The HHW Agreement can be authorized for one year by signing the Agreement as-is and
subsequently giving at least 30 days notice to the County to terminate the Agreement by the end of the next fiscal year (FY 2012-2013). In lieu of signing the Countywide HHW Agreement,
1 All operating landfills and non-disposal facilities in Santa Clara County are located within the jurisdictional boundaries of the
City of San Jose and the City of San Jose has no obligation to distribute the funds to the cities.
54
2
Cupertino may receive all of the money as a pass-thru (approximately $73,693/year) to develop its own HHW collection and disposal programs.
Both agreements must be considered for approval with the term specified for each. A table
(Attachment A) is provided to compare and clarify the key points in each of the agreements.
Discussion
AB 939 Agreement
In 1992, the County of Santa Clara began collecting a Countywide AB 939 Implementation Fee (Fee). AB 939 establishes statutory authority to provide funding to support integrated waste management programs. The Fee is levied on each ton of waste delivered to the landfills and non-
disposal facilities. The Fee is set at $4.10 per ton, which includes two components: $1.50 per ton
or approximately $42,000 annually for the City of Cupertino is distributed back to the City on a
quarterly basis for funding City-specific programs (e.g. composting and recycling) required for meeting AB 939 waste stream diversion goals; and $2.60 per ton to fund the Countywide HHW programs according to the Agreement for Countywide Household Hazardous Waste Collection
Program for FY 2012-2015.
To reiterate, if one or more cities do not approve the AB 939 Agreement (for three years), the AB 939 Fee ($4.10/ton) will not be collected by the County and the money that is currently used to fund municipal programs will not be distributed back to the cities. All cities in the County of
Santa Clara (other than the City of Cupertino) have already approved the AB 939 Agreement for
three years effective July 1, 2012.
HHW Agreement HHW services are directly mandated under AB 939. The HHW component of the AB 939 Fee is
set at the right amount to provide countywide household hazardous waste collection and safe,
legal disposal. Participation in the Countywide HHW Program is optional. If the City does not
participate, its residents will not be eligible to participate in the County’s drive-through events
nor will they be able to use other County hazardous waste collection programs including the new Las Plumas hazardous waste facility that is being built in San Jose.
The City of Cupertino has contracted with a provider, Waste Management (WM) Curbside, for
service which provides Cupertino residents with the rare convenience of having their hazardous
chemical waste picked up at their doorsteps even when they are not home. This contractor is named in the City’s franchise hauling agreement with Recology. If the City does not sign the
HHW Agreement, and the City does not continue its agreement with Recology after its expired
term, or if the hazardous waste collection contractor does not adequately meet all the legal
requirements, the City of Cupertino will be required to develop a hazardous waste collection and
disposal program of its own. Hazardous chemical waste is closely regulated by the State’s Department of Toxic Substance Control (DTSC) and the local Certified Unified Program Agency
(CUPA)2
. If any violations are found in handling the door-to-door waste collected by its
contractor, the City of Cupertino—not its contractor—will be liable for any violations and any
penalties.
The City of Palo Alto is the only City in the County of Santa Clara that does not currently
participate in the Countywide HHW program. The City of Palo Alto has its own hazardous
2 Certified Unified Program Agencies or CUPAs are local agencies that are certified by the California Environmental Protection Agency (Cal/EPA) to consolidate six hazardous materials and hazardous waste regulatory programs to improve coordination and consistency in enforcing these regulations in California. Collectively these regulatory programs are known as the Unified Program.
55
3
waste facility and oversees its own HHW program. The funding collected by the AB 939 Implementation Fee is passed through to the City of Palo Alto. The City of Cupertino does not have a hazardous waste facility and does not have sufficient staff to oversee its own full-service
HHW collection program. The Countywide HHW Program has served as a reliable backup
program for the City’s contractor especially in times of operational or legal setbacks. If the City
does not execute the Countywide HHW Agreement, the City will be dependent solely on its door-to-door collection contractor (WM Curbside) for HHW collection and compliance.
Prior to the City’s initiation of its door-to-door collection program, approximately 1,225
residents (FY 2009-2010) were participating annually in the Countywide HHW Program. As of
April 7, 2012 (FY 2011-2012), only 460 Cupertino residents had used the Countywide HHW Program and approximately 510 residents had used the City’s door-to-door HHW collection program.
The City will receive approximately $73,693 per year currently collected by the County if the
City does not sign the HHW Agreement. This amount must be used to provide HHW programs and the City will need to develop these programs or contract with the County to provide them. Examples of these programs are;
• Used Oil Payment Program
• The sharps drop-off at the Cupertino fire station
• Local hardware store battery collection
• Paint Product Stewardship take-back by local stores
• Disposal of illegally dumped hazardous waste
Staff will give the County notice to terminate the City of Cupertino’s Countywide HHW
Agreement effective at the beginning of FY 2013-2014. At that time, the City’s HHW services
will be solely provided by WM Curbside. To assist with this transition, staff will ask the County to refer all Cupertino residents back to the City’s program for HHW collection in FY 2012-2013.
Staff will survey these residents to understand why they select the countywide drop-off events
rather than the City of Cupertino’s door-to-door residential collection service. Lessons learned
may improve our programs.
Sustainability Impact
AB 939 and HHW programs are designed to reduce and eventually eliminate the residential
hazardous waste that is sent to landfill.
Fiscal Impact The AB 939 Fee of $4.10 per ton for fiscal years 2012-2015 is the same as it was in prior years.
Directing Cupertino residents back to the City’s program in FY 2012-2013 will result in savings.
The City is charged only for actual use of the County’s drive-through drop-off program.
Components of the AB 939 Fee have been set at the appropriate level to fund each municipality’s waste stream diversion goals and the Countywide HHW program.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by:
Amy Chan, Interim City Manager
56
4
Attachments: A. Table for HHW Agreement and AB 939 Agreement
B. Draft resolution authoring agreement for AB 939
C. Draft resolution authoring agreement for Household Hazardous Waste Collection
D. Agreement for AB 939
E. Agreement for Household Hazardous Waste Collection
57
Attachment A
Explanation of Countywide HHW Collection Services &AB 939 Compliance Activities
~ Amount County
collects
~ $73,693/yr from the $2.60 portion of AB 939 Fee ~ $42,515/yr from the $1.50 portion of the AB 939 Fee
~ Amount County
retains for Fixed
Costs
~ $38,917 in 2012 ($1.85/ton); ~ $43,765 in 2013
($2.08/ton); and ~ $45,028 in 2014-15 ($2.14/ton). Annual
increase in Countywide shared fixed costs are set to fund the
new San Jose hazardous waste facility, Las Plumas.
No portion of this fee is retained by the County -
Administrative service for collection of fees is provided at no
cost to the City.
~ Amount Returned
to City
If Cupertino residents do not use the County's drive-through
collection service, these dollars will be returned to the City.
If the City signs the HHW Agreement and participates in the
other Countywide program services: ~ $34,776 in 2012; ~
$29,927 in 2013; and ~ 28.665 in 2014 & 2015.
~ $42,515, the entire AB 939 fee is always returned to the
City. The City of Cupertino has spent ~ $53,093 on AB 939
Citywide programs through May in FY 11-12.
Money collected
from the AB 939 Fee
must be used for
services related to
the specific fee
components.
The money collected from the HHW component must be
used for hazardous waste disposal programs; e.g. sharps
collection; pick-up of abandoned hazardous waste;
fluorescent bulb and battery take-back programs at
hardware stores; old paint take-back at paint stores and
collection of batteries at City facilities.
Money collected from the AB 939 Compliance Activity
component must be used for recycling & landfill diversion
programs, e.g. the City compost give-away; Citywide Garage
Sale; School recycling program support; Earth Day; Events,
outreach & public education.
Options for Term of
Agreement
The City may opt out of the HHW Agreement upon 30 days
notice. The Agreement will be signed for 3 years so that it
will not have to go back to the County Board of Supervisors
for approval, but staff will opt out 30 days before the end of
FY 12-13.
AB 939 Agreement must be approved for 3 years, if it is not
the Agreement would have to go back to the County Board of
Supervisors for re-approval, which can not be done in time for
the Agreement to continue beyond FY 11-12. If any of the
cities do not sign this Agreement for 3 years, all of the Santa
Clara County cities will lose this funding.
What happens if the
City does not sign
this Agreement?
The City will receive most of ~ $72,693 back from the
County, but all of the money must be reinvested in HHW
programs and residents will not be allowed to use any
County HHW services, e.g. sharps collection, hazardous
waste drop off at drive-through events; paint take-back at
local stores; and the new household hazardous waste drop-
off facility at Las Plumas in San Jose. The City will have to
provide all programs.
The City of Cupertino will cause the collection of the AB 939
fee by the County to stop. All cities in the County of Santa
Clara will lose their funding from this revenue source. If any
one city does not sign, the City of San Jose may collect and
keep the fee. All landfill facilities in the County are located in
the City of San Jose.
AB 939 Implementation Fee Agreement $4.10 per ton
58
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE AGREEMENT FOR
COUNTYWIDE AB 939 IMPLEMENTATION FEE FOR FY 2012-2015
WHEREAS, there has been presented to the City Council the “Agreement for the
Countywide AB 939 Implementation Fee” (Agreement), between the County of Santa Clara and
the City of Cupertino; and
WHEREAS, a countywide AB 939 Implementation Fee (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 remain at $4.10 per ton for Fiscal Years 2013, 2014, and 2015 for the
three-year term of the new Agreement, July 1, 2012 to June 30, 2015. The Fee will be imposed on
each ton of waste landfilled or incinerated within the County or generated within the County and
subsequently transported to non-disposal facilities or collection facilities located outside the
County; and
WHEREAS, the Agreement provides for the County to administer the program to collect
fees, and distribute the fees to each jurisdiction; and
WHEREAS, said Agreement as amended states the terms and conditions under which County will collect and distribute the Fee for a three-year term; and
WHEREAS, the provisions of the new 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 “Agreement for the Countywide AB 939 Implementation Fee for FY 2012-
2015” 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 19th day of June , 2012, by the following vote:
Vote Members of the City Council
AYES: NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor
ATTACHMENT B
59
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF
THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 2012-2015
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 Agreement will allow continued City participation in the
County’s Household Hazardous Waste Collection Program for Fiscal Years 2013, 2014,
and 2015 (July 1, 2012 – June 30, 2015); and
WHEREAS, item 30 of the Agreement for Countywide Household Hazardous
Waste Collection Program allows for its termination by either the COUNTY or CITY
upon thirty (30) days written notice given by the terminating party; 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 Program for FY 2012-2015” 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 adjourned meeting of the City
Council of the City of Cupertino this 19th day of June , 2012, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor
ATTACHMENT C
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Authorize the City Manager to Execute an Agreement Between the City of Sunnyvale and the
City of Cupertino for Industrial Wastewater Treatment Services in Rancho Rinconada.
Subject
Adopt Resolution No. 12-_____.
Recommended Action
The federal regulations at 40 CFR 403.8(f)(1) require the City of Sunnyvale to have the legal
authority to apply and enforce the requirements of the Clean Water Act, to implement and
enforce a pretreatment program, and to control discharges from all existing and future industrial
users of its sewerage system, including those located in contributing jurisdictions.
Discussion
The City of Sunnyvale owns a sanitary sewerage system and is the “Control Authority” for
purposes of providing sanitary sewer services to Industrial Users. The City of Cupertino
currently utilizes this sewerage system to serve the areas within the City of Cupertino referred to
by the City of Sunnyvale as “Rancho Rinconada,” pursuant to the “Rancho Rinconada Sewer District Agreement” (Exhibit A-1 of the Agreement) between the developers of the “Rancho Rinconada” area and the City of Sunnyvale dated April 19, 1954. The “Rancho Rinconada” area
is generally bound by Bollinger Road, Lawrence Expressway, Stevens Creek Boulevard and
Blaney Avenue (as shown by the sewer parcels in Exhibit B of the Agreement). Currently, there
are no facilities located in the “Rancho Rinconada” area considered to be “Industrial Users” or “Significant Industrial Users.”
The City of Sunnyvale requests that the City of Cupertino notify the City of Sunnyvale within
10 days of receipt of a development application that proposes to develop industrial uses which
would discharge into the Sunnyvale sewerage system, to afford the City of Sunnyvale the opportunity to comment on the application with respect to Federal Pretreatment wastewater
regulations, and if necessary, to recommend imposing conditions appropriate to providing
wastewater treatment services and to comply with required regulations. The City of Cupertino
would provide 60 day prior notification to the City of Sunnyvale, to allow for the development
of a new agreement between the City of Cupertino and the City of Sunnyvale that would address implementation and enforcement of the Pretreatment Program for the proposed
industrial user. The notification and new agreement would be completed before any industrial
users are allowed to operate within the City of Cupertino and discharge to the Sunnyvale
sewerage system.
102
2
Sustainability Impact
N/A
Fiscal Impact No fiscal impact.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by:
Attachments:
Amy Chan, Interim City Manager
A. Draft Resolution
B. Agreement
103
RESOLUTION NO. 12-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO,
AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND THE CITY OF CUPERTINO FOR INDUSTRIAL WASTEWATER TREATMENT SERVICES IN RANCHO RINCONADA.
WHEREAS, an agreement has been presented to the City Council between the City
of Sunnyvale and the City of Cupertino for industrial wastewater treatment services in
Rancho Rinconada; and WHEREAS, the provisions, terms and conditions of the aforementioned agreement
have been reviewed and approved by the City Attorney and the Director of Public Works;
and
WHEREAS, the City of Sunnyvale owns and operates a sanitary sewerage system and is thus deemed a “Control Authority” for purposes of providing such services to
Industrial Users; and
WHEREAS, the City of Cupertino currently utilizes this sewerage system to serve an area within the City of Cupertino known as Rancho Rinconada pursuant to an Agreement between the developers of Rancho Rinconada and the City of Sunnyvale
dated April 19, 1954; and
WHEREAS, the agreement between the City of Sunnyvale and the Rancho Rinconada Sewer District from 1954 and an associated document titled “City of Sunnyvale Sewer Responsibilities Rancho Rinconada Area” specifies that “the City of
Sunnyvale will provide sewer services at the rates, including connection fees, and in
accordance with the rules and regulations of the City now in force by the City of
Sunnyvale, or that hereafter and from time to time may be established by the City Council of the City of Sunnyvale.”; and
WHEREAS, a schematic diagram of the areas served has been provided as Exhibit
“B”; and
WHEREAS, the federal regulations at 40 CFR 403.8(f)(1) require the City of Sunnyvale to have the legal authority to apply and enforce the requirements of sections
307(b) and (c) and 402(b)(8) of the Clean Water Act, to implement and enforce a
pretreatment program, and to control discharges from all existing and future
industrial users of its sewerage system, including those located in contributing jurisdictions (Rancho Rinconada); and
WHEREAS, facilities located in Rancho Rinconada currently consist of residential
users and commercial users, who primarily contribute domestic sewage to the City of
Sunnyvale sewerage system;
ATTACHMENT A
104
2
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino City Council
hereby approves the agreement and authorizes the Interim City Manager to execute said
agreement 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 19th day of June, 2012, by the following vote:
Vote Members of the City Council
AYES: NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor
105
1
AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND THE CITY OF CUPERTINO FOR INDUSTRIAL WASTEWATER
TREATMENT SERVICES IN RANCHO RINCONADA.
This Agreement is entered into this ___ day of ___________, 2012, between the City of Sunnyvale and the City of Cupertino (hereinafter jointly referred to as the “Parties”),
RECITALS
A. The City of Sunnyvale owns and operates a sanitary sewerage system and is thus
deemed a “Control Authority” for purposes of providing such services to Industrial Users. B. The City of Cupertino currently utilizes this sewerage system to serve an area within the
City of Cupertino known as Rancho Rinconada pursuant to an Agreement between the
developers of Rancho Rinconada and the City of Sunnyvale dated April 19, 1954.
C. The agreement between the City of Sunnyvale and the Rancho Rinconada Sewer District from 1954 and an associated document titled “City of Sunnyvale Sewer Responsibilities
Rancho Rinconada Area” specifies that “the City of Sunnyvale will provide sewer
services at the rates, including connection fees, and in accordance with the rules and
regulations of the City now in force by the City of Sunnyvale, or that hereafter and from
time to time may be established by the City Council of the City of Sunnyvale.” The Agreement and associated documents are attached hereto as Exhibit “A.”
D. A schematic diagram of the areas served is attached hereto as Exhibit “B.”
E. The federal regulations at 40 CFR 403.8(f)(1) require the City of Sunnyvale to have the
legal authority to apply and enforce the requirements of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act, to implement and enforce a pretreatment program, and to control discharges from all existing and future industrial users of its sewerage
system, including those located in contributing jurisdictions (Rancho Rinconada).
F. Facilities located in Rancho Rinconada currently consist of residential users and
commercial users, who primarily contribute domestic sewage to the City of Sunnyvale
sewerage system.
G. There are no facilities currently located in Rancho Rinconada considered to be “Industrial
Users” or “Significant Industrial Users.”
AGREEMENT
A. The City of Cupertino shall notify the City of Sunnyvale within 10 days of receipt of a
development application that proposes to develop industrial uses which would discharge
into the Rancho Rinconada area, to afford the City of Sunnyvale the opportunity to comment on the application, and if necessary, to impose conditions appropriate to providing wastewater treatment services.
ATTACHMENT B
106
2
B. No industrial users shall be allowed to operate within Rancho Rinconada and discharge
to the Sunnyvale sewerage system unless the City of Cupertino provides 60 day prior
notification to the City of Sunnyvale and an agreement is entered into between the parties addressing implementation and enforcement of the pretreatment program for the
proposed industrial user.
C. If any term of this Agreement is held to be invalid in any judicial action, the remaining
terms will be unaffected.
D. The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. §1251 et. seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every five years on a
date to be determined by the Parties.
E. The City of Sunnyvale may terminate this Agreement by providing 90 days written
notice to the City of Cupertino. All benefits and obligations under this Agreement will
cease following 90 days from receipt of such notice.
City of Sunnyvale City of Cupertino By: ____________________ By: ____________________
Name: Gary Luebbers Name: Amy Chan
City Manager Interim City Manager
Dated: __________________ Dated: __________________
107
108
109
110
111
112
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3227 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012
Authorize the City Manager to enter into an agreement extending the current agreement for
consultation services with ACI Holdings, Inc. (Apple, Inc.) through September 18, 2012.
Subject
Amend the term of the current agreement.
Recommended Action
The City currently has an agreement for consultation services with ACI Holdings, Inc. which is
due to expire on June 30, 2012.
Description
The City’s current agreement with ACI Holdings, Inc. will expire on June 30, 2012. It is the intent of both the City and ACI Holdings, Inc. to extend this agreement for a period of five years. In order to provide the City and ACI Holdings adequate time to draft the extension the City needs to enter into this Agreement to cover the interim time period. The September 18 date coincides with the date of the second Council meeting in September. A copy of the existing agreement is attached for your review.
Discussion
Fiscal Impact
There is no fiscal impact for the extension period as the same terms and conditions would apply. ____________________________________
Prepared by: Carol Atwood, Director of Administrative Services
Reviewed by:
Approved for Submission by:Attachments: Agreement Amy Chan, Interim City Manager
113
Page 1
AGREEMENT FOR CONSULTATION SERVICES
WHEREAS, ACI Holdings, Inc., a California corporation (hereinafter “Consultant”) has
submitted a proposal to the City of Cupertino (hereinafter “City”) to provide City with consulting services consisting of the assessment and creation of new sales and use tax revenue sources for
City to be derived from Apple Inc., a California corporation, and its subsidiaries (hereinafter
collectively referred to as “Apple”); and
WHEREAS, it is intended by Consultant and City that said services will be automatically
self-funding because Consultant is willing to receive its compensation for said services on a contingency basis solely and entirely derived from new sales or use tax revenue generated by
Apple for the benefit of City which City would not otherwise realize; and
WHEREAS, Consultant and City wish to enter into this Agreement for the purposes
described above:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Services to be Performed by Consultant Consultant shall perform the following services (collectively, the “Services”) under this
Agreement:
(a) Assess and detail the current sales and use tax revenue received by City from
Apple.
(b) Recommend new methodologies to increase the sales or use tax for City to be
developed and implemented through corporate reorganization efforts at Apple.
(c) Provide to City a detailed analysis and description of any new local sales and use
tax revenue received by City from Apple.
2. Compensation to be Received by Consultant
As consideration for Consultant’s performance of the Services, as described in Paragraph 1, above, Consultant shall receive the following compensation for each City fiscal year
during the term covered by this Agreement, as follows:
(a) If, for any fiscal year during the term covered by this Agreement, new local tax revenue equals any amount less than Two Hundred Fifty Thousand Dollars
($250,000), then in such event Consultant will receive no compensation with respect to such fiscal year.
114
Page 2
(b) If, for any fiscal year during the term covered by this Agreement, new local tax
revenue equals Two Hundred Fifty Thousand Dollars ($250,000), then Consultant
will receive the sum of Sixty-Two Thousand Five Hundred Dollars ($62,500) as compensation with respect to such fiscal year.
(c) If, for any fiscal year during the term covered by this Agreement, new local tax revenue exceeds Two Hundred Fifty Thousand Dollars ($250,000) but is less than
Five Hundred Thousand Dollars ($500,000), then Consultant will receive the sum
of Sixty-Two Thousand Five Hundred Dollars ($62,500) plus an amount equal to twenty-five percent (25%) of all such additional new local lax revenue between
Two Hundred Fifty Thousand Dollars ($250,000) and Five Hundred Thousand
Dollars ($500,000).
(d) If, for any fiscal year during the term covered by this Agreement, new local tax
revenue exceeds Five Hundred Thousand Dollars ($500,000) but is less than One Million Dollars ($1,000,000), then Consultant shall receive the sum of One Hundred Twenty-Five Thousand Dollars ($125,000) plus an amount equal to forty
percent (40%) of all such new local tax revenue between Five Hundred Thousand Dollars ($500,000) and One Million Dollars ($1,000,000).
(e) If, for any fiscal year during the term covered by this Agreement, new local tax revenue exceeds One Million Dollars ($1,000,000), then Consultant shall receive the sum of Three Hundred Sixty-Two Thousand Five Hundred Dollars ($362,500)
plus an amount equal to fifty percent (50%) of all such new local tax revenue in
excess of One Million Dollars ($1,000,000).
3. Sole Compensation
Both City and Consultant expressly acknowledge and agree that Consultant will receive
no compensation for any Services rendered under this Agreement other than the
compensation described in Paragraph 2, nor shall Consultant be entitled to any reimbursement from City for any costs or expenses incurred by Consultant in performing
or preparing to perform any Services under and pursuant to this Agreement.
4. Payment Schedule
Not later than thirty (30) days after the date on which City receives from the Board of Equalization of the State of California, a total of $250,000 or more of new local sales tax
revenue which accrued from sales taxes paid by Apple during a fiscal year covered by this
Agreement, City shall pay the Consultant the compensation described in Paragraph 2 of this Agreement. Within 30 days, after the City receives from the State of California additional new local sales tax revenue paid by Apple within the same fiscal year as the
initial payment, City shall pay to the Consultant additional compensation as described in Paragraph 2 of this Agreement.
115
Page 3
5. Definitions
As used in this Agreement, the following terms shall have the following meanings:
“Local sales tax revenue” means that portion of the total sales and use tax paid by Apple
which is actually received by City.
“New local sales tax revenue” means total sales and use tax paid by Apple which is
actually received by City, as calculated for each fiscal quarter, minus the sales tax from Apple’s Company Store located as of the date of this Agreement on Apple’s R&D
campus in the City of Cupertino and minus use tax on purchases by Apple, in each case
calculated for the quarter in question.
6. Term
This Agreement shall commence on July 1, 2007 and shall apply to the City’s 2007-08, 2008-09, 2009-10, 2010-11 and 2011-12 fiscal years. This Agreement shall expire on
June 30, 2012, and will have no further force or effect; provided, however, that Consultant shall be entitled to receive any compensation due to it under this Agreement for the City fiscal year expiring on June 30, 2012, which compensation shall be paid as
provided in Paragraph 7, below. 7. Fiscal Year
For purposes of this Agreement, City and Consultant agree City’s fiscal year begins on July 1 of each calendar year and ends on June 30 of the succeeding calendar year.
8. Indemnification; City’s Warranty and Representation
Consultant agrees to indemnify, defend (if so requested by City, and with counsel of
Consultant’s choice but reasonably acceptable to City), and hold City, its officers and employees, harmless from any claim, action, or lawsuit brought or maintained by any
third party against City as a result of any activity of either party in performing any acts
under this Agreement, except to the extent that any such claim, action or lawsuit arises out of or in connection with any negligence or willful misconduct on the part of any of
the said indemnified persons. Consultant will also defend (if so requested by City, and
with counsel of Consultant’s choice but reasonably acceptable to City) City, its officers and employees from any legal action challenging the validity of this Agreement. If any
court of competent jurisdiction orders the return to City of any funds paid to Consultant
by City as compensation for Consultant’s performance of the Services under this Agreement, Consultant shall hold City, its officers, and employees harmless from any
claims Consultant may have for reimbursement or contribution with respect to any said
sums.
116
Page 4
9. Integration Clause; Modification of Agreement
The provisions of this Agreement contain the entire understanding of City and Consultant related to the subject matter of this Agreement. No oral agreements, understandings or
promises made by the parties or their agents which are not contained in this Agreement
are binding. This Agreement may only be modified by written agreement executed by both parties.
IN WITNESS WHEREOF, Consultant and City have executed this Agreement by their duly authorized representatives, on the dates set forth below, to be effective as provided, above.
CITY OF CUPERTINO
Date: By
City Manager, City of Cupertino ACI HOLDINGS, INC.,
a Delaware corporation Date: By
Peter Oppenheimer Chief Financial Officer & Senior Executive Vice President
117
OFFICE OF ADMINISTRATIVE SERVICES
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: June 19, 2012 Subject Annual Public Hearing and Adoption of the Fiscal Year 2012-13 Budget and Establishment of the
Appropriation Limit
Recommended Action
Receive public comments, discuss, and adopt the 2012-13 budget:
a. Grant a negative declaration.
b. Adopt a resolution establishing an operating and capital budget for fiscal year 2012-13, Resolution
No. 12-
c. Adopt a resolution establishing an appropriation limit for fiscal year 2012-13, Resolution No. 12-
d. Adopt a resolution establishing an operating budget for the Successor to the Redevelopment
Agency, Resolution No. 12-
e. Approve Budget Timeline
Description
The California Government Code requires a Public Hearing be held prior to the adoption of the City’s
budget. The purpose of the public hearing is to furnish an opportunity for residents to voice their opinions
on the City’s budget and the appropriations limit. No action is required on the part of the City Council at
the hearing. The FY 2012/13 Budget is scheduled for adoption subsequent to the hearing. In addition,
Article XIIIB of the California Constitution established appropriations limits on government agencies
within California. Originally established by Proposition 4 in 1979, the appropriations limit places a
maximum limit on the appropriations of tax proceeds that can be made by the state, school districts, and
local governments in California.
On May 30, 2012, the City Council held a Budget Study Session to review in detail the City Manager’s
proposed budget recommendations for FY 2012/13. The proposed budget includes total revenues of
approximately $110.953 million. The total recommended budget for all expenditures is approximately
$107.671 million, including $28.517 million in transfers to other funds, for a net appropriation of $79.154
million. Of that total, $11.136 million is for operating; $8.964 million is for capital projects; $3.181 million
is for debt service; and $14.522 million is for long-term retiree medical obligations. Of the transfers,
$15.230 million is proposed to be transferred to the City’s Other Post Employment Benefits (OPEB) Trust
to fund our current and estimated future liability, $5.0 million transfers to the Capital Improvement Project
Reserve to bring this reserve to Council policy levels and $2.150 transfers to the Gas Tax Fund to provide
additional dollars towards the City’s Pavement Management Program. The Proposed Budget also funds
additional reserves including a $2.0 million reserve for economic fluctuations, $500,000 for a CalPERS
reserve to level future rate increases and $4.261 million in one-time revenue reserves. It maintains our
Economic Uncertainty Reserve I and II at the Council policy level of $13.9 million. Finally, the expenditure budget includes $125,000 for the Redevelopment Successor Agency wind-down.
118
The first of two public hearings was held on June 4, 2012. Council discussed the General Fund financial
position, reserve levels, departmental operating budgets, and the five-year capital improvement program.
FY 2012/2013 Budget Follow Up Items As a result of the Budget Study Session, additional information was requested for Council consideration. Included in this packet is a list of 25 follow up items addressing these requests and the Interim City Manager’s recommendation for three additions to the proposed General Fund expenditure budget as follows:
Increase Solar project by $20,000;
Increase Mayor’s fund by $4,500; and
Approve KMTV request for $50,000, contingent on KMTV raising the remainder of the project
funds.
If Council decides to include these changes as recommended, the proposed items will be funded from the
unassigned General Fund reserve. This will change the current $500,000 unassigned reserve by $74,500,
resulting in a new unassigned General Fund balance reserve of $425,500. Any additional budgetary
changes would also be funded from this reserve.
Approval of FY 2013/14 Budget Timeline
To provide additional time for the Council and the public to review future proposed budgets, it is
recommended that staff distribute the document on May 1st of each year, cancel the second regular Council
meeting in May and substitute a Special Budget Study Session in place of that Council meeting. This would
distribute the budget information approximately three weeks sooner than in prior years, provide the Council
with one-on-one time with the City Manager and senior staff for questions, and earmark the second meeting
in May for Budget discussions. If Council desires, an alternative to this plan would be to continue the
regularly scheduled second meeting in May for City business and hold a Budget Study Session the fourth
week in May each year.
Prepared by: Carol Atwood, Director of Administrative Services Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A: Draft Resolution - operating and capital budget of City for fiscal year 2012-13
B: Draft Resolution - appropriation limit for fiscal year 2012-13
C: Draft Resolution - operating budget of Successor to the Redevelopment Agency for fiscal year 2012-
13
119
Attachment A
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
FISCAL YEAR 2012-13 BY RATIFYING THE ADEQUACY OF ESTIMATED REVENUES
AND FUND BALANCES IN EACH FUND TO COVER APPROPRIATED MONIES,
APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND
ACCOUNTS, AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ratio of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submitted her estimates of anticipated revenues and
fund balances, has determined that estimated revenues and fund balances are adequate to cover
appropriations, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the
following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in each of the several funds during fiscal year 2012-13, as submitted by the City
Manager in her proposed budget and amended during the budget study sessions, are sufficient to
cover appropriations.
Section 2. There is appropriated from each of the several funds the sum of money set
forth as expenditures for the funds named in Attachment A1, as amended during the budget
sessions, and stated for the purposes as expressed and estimated for each department.
Section 3. The City Manager is hereby authorized to administer and transfer
appropriations between Budget Accounts within the Operating Budget when in her opinion such
transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to City
Council quarterly a revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to carry over,
from the prior fiscal year, unexpended appropriations for Capital Improvement projects.
120
Resolution No. 12- Page 2
Section 6. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of June 2012, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mark Santoro, Mayor, City of Cupertino
ATTEST:
Grace Schmidt, City Clerk
121
Attachment B
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AND ADOPTING THE APPROPRIATION
LIMIT FOR FISCAL YEAR 2012-13
WHEREAS, the State of California has adopted legislation requiring local jurisdictions to
calculate their appropriation limits in complying with Article XIII B; and
WHEREAS, said limits are determined by a formula based upon change in population,
(city or county), combined with either the change in inflation (California per capita income) or
the change in the local assessment roll due to local nonresidential construction; and
WHEREAS, the local governing body is required to set an appropriation limit by
adoption of a resolution; and
WHEREAS, the city/county population percentage change over the prior year is .61%
/1.24% respectively, and the California per capita personal income change is 3.77%.
In computing the 2012-13 limit, the City Council has elected to use the county population
percentage change along with the California per capita income change, but the Council has a
right to use the non-residential assessed valuation percentage change when the figure is available.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves a 2012-13 fiscal appropriation limit of $75,844,982.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of June 2012, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
122
Attachment C
RESOLUTION NO. 12-
A RESOLUTION OF THE SUCCESSOR TO THE REDEVELOPMENT AGENCY
ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 2012-13 BY RATIFYING THE
ADEQUACY OF ESTIMATED REVENUES AND FUND BALANCES TO COVER
APPROPRIATED MONIES, APPROPRIATING MONIES THEREFROM FOR SPECIFIED
ACTIVITIES AND ACCOUNTS, AND SETTING FORTH CONDITIONS OF
ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ratio of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the Executive Director has submitted her estimates of anticipated revenues
and fund balances, has determined that estimated revenues and fund balances are adequate to
cover appropriations, and has recommended the allocation of monies for specified program
activities;
NOW, THEREFORE, BE IT RESOLVED that the Successor to the Redevelopment
Agency does hereby adopt the following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in each of the several funds during fiscal year 2012-13, as submitted by the Executive
Director in her proposed budget and amended during the budget study sessions, are sufficient to
cover appropriations.
Section 2. There is appropriated from the Agency fund $125,000, as amended during
the budget sessions, for the purposes as expressed and estimated for each department.
Section 3. The Executive Director is hereby authorized to administer and transfer
appropriations between Budget accounts within the Operating Budget when in her opinion such
transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
Resolution No. 12- Page 2
123
PASSED AND ADOPTED at a regular meeting of the Successor to the Redevelopment
Agency this 19th day of June 2012, by the following vote:
Vote Members of the Successor to the Redevelopment Agency
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Chairperson
Successor to the Redevelopment Agency
ATTEST:
Secretary
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234