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06-19-12 Searchable PacketTable 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 E CUPERTINO 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. 3 Tuesday, June 19, 2012 CONSENT CALENDAR Cupertino City Council Successor to the Redevelopment Agency 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 T)rnft minntee 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 0 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 H1-1W 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 5 Tuesday, June 19, 2012 Cupertino City Council 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 SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 0 CITY COUNCIL STAFF REPORT Meeting: June 19, 2012 Subject: Proclamation for Sihua Xu for Siemens Foundation Scholarship. NO WRITTEN MATERIALS IN PACKET 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 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 �c�T.1 ysf "S i l � 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 BP 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 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 Page 6 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.or�z. 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 CUPERTINO 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 P1aneTree Health Information Center to the Cupertino Library Recommended Action: Present proclamations Description: Proclamations will be presented to representatives of the P1aneTree 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, Tune 4, 2012 ORAL COMMUNICATIONS - None Cupertino City Council Successor to the Redevelopment Agency 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:OOPM 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, Tune 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 staffs 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. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 25, 2012 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A" CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 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 W 2 �i W Pa WH Phi � 0 O O n O O O O in N N N w H O H N O C z tl W Cl) O Ls�J Q O 1 n 004 o W o H rp a H H n uo �a ri N � 4 V N H 0 V N e� c: CI` r5 H Is U u ro N N 1L��H -arr V 14 (J H Q F11O � rNl rHl H W H N O i J u\•• zz Z vl Nl O H 4 H H El wH a° I sS H W V L] H cn FC H H kO o o 111 N O m tf7 o m m W o Ol o 'X. o m o Co 0N0MWr- r M Nt- �DW inn- co c,4 La L- l - ulr NL- Il11 -el) o ql o m Lo o o Ln r- o r- 0 o O O D1 C-mmtDNm(al L-(n Lomr- mmtONl H nriN N1NINMN)N1M 6) N1 n �o m W m tO mHm i-H H U) 0 NtO mo W 141 w N t0 m w W o1 Ln W tO m o1 W otD W wmrlw 41 4 N m 111 ri N If 11 H H ri m H M M H H H 10 N N H ?{ 0 0 0 0 0 0 0 0 0 0 o n o o o 0 0 0 0 o 0 0 0 0 o a o 0 0 o 0 09 0 0 0 0 0 0 0 o 0 '9-' 0 a o 0 0 000000000000 000000nn0000000nnnn000OOa Ea 0 0 0 0 000000000000 00000000000000an0000000a000 n W T l m r n I a I o I ri I o 0 Gj m p7 o m W O m xt H W\ a u u W tD H U U W N Las ri ri ri r-i ri ri ri rl ri ri H (fj U A rn ri ri .� .� ri r f •� .� �-I .� r i W FC n H \\ \ \ \ \ \ \\ \ w Q \ a 4k H 111 i<1 N1 N1 all N) Ifl >n N ul ul I Lli W I I F I I 1 '4 I N 11 I Q Q rN-i H'I H H H r1-i H'I'IH H Ira W q H riH r-i r-iH H HriH HHH H Hri ri H HHrIH ri ri ri rl ri Nr-i r-i r-I r-i rl H H HH HHH H Hri ri ri HHri rl ri ri ri Hri \\ \ \ \ \\\\ \ \ \\\\\ \ m \ \ m m m n m m \ 111 111 111 w In L[) Nl In rll In rn 111 I11 S11 NI In In N7 N7 N7 NI NI NI Nl N7 N7 N7 11 r 1 1 1 1 1 1 1 1 1 1 1 1 3 F l r l 1 1 1 1[ 1 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N ri ri rl1-i ri Hri ri ri ri riH rl Hri ri H HHriH H HriH Hr3 \ \ \ \ \ \ \\ \ \ \ \\ \ \ \ \ \ \ \ \\ \ \ \ \ \ N I H W ao mm tD W mm 1'0m mOP I r a t N o N r r, n n n n n r n r- h I q• O N N IVr,rnn t`hhr V W E N N N N N N N N N N N N N N N Q ri H ri rl ,-i r-1 ri H ri H rl ri H H ri \ \ \ \ \ \ \ \ \\\\ \ \ \ to N7 O H N1 N) 117 N7 N3 NI 111 N1 N7 Nl N3 N N M N N N N N N N N N N N N w U3 \ \ \ \ \\\\\\\\\\\ UI an 0 m 0 In 0 0 rn a an En to 0 N7 N) 1-� N O o o O o 0000000000 V Q n m m o tD OtDn1D000nno I %y m m ill P P O O O in Q Q P O n 0 M M NI N1 N1 N1 NI NF NI N1 NI N1 N3 m NF n M W W W W W W W W W W W W H 1 u tD to tD W tD to 10 ID 1D tD tD tD tD r-i W m to tDatDwwtDtDatDtDm I EA U U .T. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING JUNE 1, 2012 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of fiends for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A" CERTIFIED: Director of Administrative Servr es PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2012, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Grace Schmidt, City Clerk APPROVED: Mark Santoro, Mayor, City of Cupertino IR H W W ryH a W E C7 U O Cl O O 0 O O H O N S+. H O �-1 N O q W co 0 HQ O U O I O 0,)4 o W P E fn 4 H H O U � �a cq N to � 4 V N [� H U N t, u es A O1 11 rl5 T`I u J} U ro N N Zi ii \ H .. 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Recommended Action Adopt the draft resolution approving the destruction of records. Discussion 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. Prepared by: Grace Schmidt, Acting City Clerk Reviewed by. Carol Atwood, Administrative Services Director Approved for Submission by Amy Chan, Interim City Manager Attachments: Staff Report A. Draft Resolution .. 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: ....U9111M Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 45 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE! (408) 777 -3223 - FAX: (408) 777 -3366 MEMORANDUM To: Department Head — City Clerk From: Kirsten Squarcia - Senior Office Assistant Subject: RECORDS FOR DESTRUCTION Date: June 5, 2012 Listed on the attached sheets are records to be destroyed in accordance with the City's records retention schedule. Please review the list and contact me if you believe any of these files are of historical or administrative significance and should not be destroyed. If approved, a resolution authorizing destruction will be on the council agenda for June 19, 2012. °—d ( ---1 c 6 � 1 City Clerk Date City Attorney Date NO OBJECTION TO DESTRUCTION: q&ta— ,e 0/(0// 2_... Administrative Services Director Date ., I w � *i V n W � U N W � Q U © O �y U Cd U A V 7, Q � O V_ U N L� Q" O I cu U N Q 72 O N O Q � U Q � N U O A U ►� O U N i F-+ V cad Q #U. U N k5 z. 4] O ti rd O Q O O N O1 r-� O 47 N_ O U N fi" U O EA v � � u o � U U U � o p � U � O U 0 o w A n p b 0 U Q �a Q "'O U a� cad Q N N nll � � O � O O N Q Q U 0 b a� A � z U z � O .. O Q q Q Q Q Q 0 o O 0 0 0 Ln 1 Vl O V O1 CT r� N a1 CD O O O a1 O � p z z z z z z DO -2 b -2 1 01 P-4 z z z z z z O v ;� M O w O N 7:$ 0 fs+ O rn O W W W U U U .• COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITE' COUNCIL STAFF REPORT Meeting: June 19, 2012 Subject Alcoholic Beverage License, Vikhar Valero, 1699 S De Anza Boulevard Recommended Action Approve application for Off -Sale Beer and Wine Description Name of Business: Vikhar, Inc. (Vilchar Valero) Location: 1699 S De Anza Boulevard Type of Business: gas station Type of License: Off -Sale Beer and Wine (20) Reason for Application: Premise -to- Premise Transfer, Person -to- Person Transfer, Annual Fee Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 20 authorizes the sale of general alcohol for consumption off of the premises where sold. Please note the appeal period for the Planning Commission's decision to approve the Use Permit at its meeting on May 22, 2012 ended on Wednesday, June 6, 2012. Prepared by: Beth Ebben, Planning Department Reviewed by. Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: Amy Chan, Interim City Manager Attachment: Application for Alcoholic Beverage License we Amended ABC -211 to change apllicant from individuals to corporation Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control 100 PASEO DE SAN ANTONIO ROOM 119 SAN JOSE, CA 95113 (408) 277 -1200 DISTRICT SERVING LOCATION: SAN JOSE First Owner: Name of Business: Location of Business: County: Is Premise inside city limits? Mailing Address: (If different from premises address) VIKHAR, INC. VIKHAR VALERO File Number: 519406 Receipt Number: 2099335 Geographical Code: 4303 Copies Mailed Date: May 11, 2012 Issued Date: 1699 S DE ANZA BLVD CUPERTINO, CA 95014 -5301 SANTA CLARA Yes Type of license(s): 20 Transferor's license /name: 400166 / DUONG, THANH TAN Census Tract 5078.08 Dropping Partner: Yes Noy License Type Transaction Type Fee Type Master Dup Date Fee 20 - Off -Sale Beer And Wine PREMISE TO PREMISE TRANSFER NA Y 0 02/27/12 $100.00 20 - Off -Sale Beer And Wine PERSON -TO- PERSON TRANSFER NA Y 0 02/27/12 $50.00 20 - Off -Sale Beer And Wine ANNUAL FEE NA Y 0 02/27/12 $254.00 NA FEDERAL FINGERPRINTS NA N 2 02/27/12 $48.00 NA STATE FINGERPRINTS NA N 2 02/27/12 $78.00 Total $530.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 27, 2012 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) See 211 Signature Page VIKHAR, INC. 50 State of California APPLICATION I T U T ("SIGN "') • This form is to be used as the signature page for •",�,,, �� „o� applications not signed in the District Office. ❑Sole Owner • Read instructions on reverse before completing. Partnership • All signatures must be notarized in accordance [_]Married Couple with laws of the State where signed. Domestic Partner Department of Alcoholic Beverage Control Partnership -Ltd MCorporation Limited Liability Company D Other Original F1 Person to Person Transfer AT []Exchange `Premise to Premise Transfer ElOther Under penalty of perjury, each person whose signature appears below, certifies and says: (l) He /She is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he /she has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer / payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department, (b) to gain or establish a preference to or for any creditor or transferor, or (c ) to defraud or injure any creditor or transferor; (5) that the transfer application may he withdrawn by either the applicant or the licensee with no resulting liability to the Department. I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one - fourth of the license fee paid, up to $100. SOLE OWNER 8. PRINTED NAME (Lest first, middle) SIGNATURE DATE SIGNED PARTNERSHIP /LIMITED PARTNERSHIP (Signatures of general partners only) `1 1 MPresident Vice President Chairman of the Board �• 6 Secretary Asst. Secretary Chief Financial Officer Asst. Treasurer ED /i2 /�go UNLU 11. The limited liability company is member -run [] Yes E]No (If no, complete Item #12 below) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, rust, middle) ABC- 211 -SIG (2/09) "SIGN Ofd" 51 LEI PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 19, 2012 Subs ect Municipal Improvements, 10566 Santa Lucia Road, APN 342 -16 -039. Recommended Action Accept Municipal Improvements. Discussion 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. Prepared by. Chad Mosley, Associate Civil Engineer Reviewed by. Timm Borden, Director of Public Works Approved for Submission by Amy Chan, Interim City Manager Attachments: A. Map 52 ATTACHMENT A , I ' p p CIO i 7; r" 0 8 ao i ti ,. , r Y - `�_ LO LO (" f— ALCALDE RD T r� � � N' (D 22650 ,'4 ! N 4 t� � {�"f:, rrrf a3+j L f r � � r. x� �-!J - N N �) 10530 x +� t4 frc 2 10535 1 �. r y, YId.M. 7�S J, {, 3i•f �'� If 551" -- ' (t_ .ry?� Yr ,� t �,�?� 3 c��v�'• r z�b•�±M!.�Am- y �' .y �y, �' -' ` rl �K -�i'i- H•4' � T .;,. . 17d 585 1056 `; f, . WLZ2, 1 a.:. /•v ,,t ..+�! ,,' s ,,ircFlo Q rte. s " y � k ' Fy y 596 r� - a93g�' 10594 1W7 4T *w .Ia �;' al E 1.06k ' 1061 62 m ; 5' ' 050 a - ` ^� e c k +- --3s •r:. 106Q 106 yy � ,_i�T','_, 101538 N � '' Subject: Municipal Improvements, 10566 Santa Lucia Road, APN 342 -16 -039. 06 Recommended Action: Accept Municipal Improvements. _. 1 , .kf t`i ,±��ly f; 1•' r7^k rr� err l N 1 Q668�',� lore lu • PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 19, 2012 Sub, ect 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- , 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. Description 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. 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 Joset 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. 1 54 Cupertino may receive all of the money as a pass -thru (approximately $73,693/year) to develop its own HHW collection and disposal programs. Discussion 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. 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. 2 55 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 3 56 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 E t U ca 4a L G1 Q o rq LLML Q A� W 0 A� W AE CL E M m Q 4l U U ca Q E 0 V C1 M m Q N 4l i 0 U 0 V Y 0 V 0 O r Q X W a) a) L1 Ol m rn m Q a) s 4- O C O L O Q O -I s E O LnL T rq Ln N z a) a) LL Ol M Ol m Q O C O L O Q O N 4A a) s E O M m M z 4 C 0 U C 0 u E a) Q z o 4 C O U a) s s a) C N a) N s O C O 0 CL O z m rmi O N C Ln lC F, M 2 O Ln L DO c-I N O N C r- 01 0 M 2 4 C D O U C O U a) s 0 V) O U f6 C C Q C O c-I N Ln c-I Rt O N C O N O Ln 2 C f6 C O CO O N a) X Ll 0 C +- 41 � C U E d f6 J U (6 a V) 3 O (6 s a) O C f6 N 3 a) C ar t 0 .a ar 3 N V) m R ar m M 01 Co a a i a1 t rq Ln N It 2 rn M rn m Q C O M O) O M Ln 2 C a) CL V) s O C a) a 7 U 0 U (1) s H .. a) C D a) Of C D O QU 2 4 0 - N rmi LL L1 f6 s bA O sL E M bio O Q (1) •3 4 U a) s V) ) m _a U f6 Q C f6 C a) E a) a) to Q 2 a) s C o bA U tmma) s N c-I O N c n M 2 ZA (1) U a) E m h0 O CL a) •3 4 C O U a) s 0 L!'I O N co c-I O N Ln �D �D o6 N 2 C (6 m O N c N 01 01 N in a) U a) O U a) C 0 a f6 s bA a) E f6 bio O Q O Q ma a) Ln 3 O f6 s 0 a) 0 4,O+ M 3 O ma m s a) C O ma C M (6 0 Q U Q C O U a) 0 U c a) > w 0 s L m w O Q CL V) b0 O O - CL u to E a) u U U Q O co O s cn � ai N O C nz 4� V) f6 � O E +, +, bA C O •F6 Q Q � }r U � U a) s 4M � " 41 L 41 c m (6 Q C O (6 s Ln a) O C a) a) U 3 O " 7 (6 � s a) LL O L 41 m 41 m fa Q °) a) I U OL D N � It= E N U M U m N .O m O C O U a) 0 U a) W U U a) Q 0 a) s 0 C 0 V) a) M O a) > O CL Q CO a) E C a) E (1) (1) bio Q m m rn nz O m C o CL 7 C a) E a) a) bio >Q 2 2 a) s O 0 O a O (6 E U a) s H O O m C o U a) s O 4- u U M s 0 bio O a) > m s O 3 C (1) E a) a) Q a) s +- s O f6 a) M O (1) C bA •3 C a) E a) a) bio Q a) s a) U 0 C O E a) L 4- 0 C a) c 0 cim O Q a) s 4- O C m N 1 LL L1 C O a) s a) C O U O 4- C (1) E a) a) Q a) s m N rmi LL LL bio C 0 C 4- V) s a V) O •3 U C O U nz U rn m Ol C m m Q O O s o c C = O O 4 U U (1) a) s O � U (1) V) s a) +� (1) U In = �a U — Q 3 O O o C 4, L � a) C Q = O U U Ds U s a) s H 4- a) s E O u U m ma m Ol Q0 N 2 O 0 E a) > U a) L •3 4 U a) s H a) s C a) Q Q (6 s fa s r- ar a1 > w m 3 w r_ O E ar t 0 M s 4 C O U C w O C a) O C m 4- U U O a) 7 C (1) > (1) Ln s E O bio C C s O •3 nz U N• c a) a) oio Q t C (1) 4� m U O a) 4 c O U a) s C N a) U (6 C Q a) a) a s Q a) a) a) O C (6 0 U a) s O QO a LO > nz s •3 U a) s H a) 0 C (6 N C E E nz bio J O � Q 4 U > O O a ATTACHMENT B 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 59 ATTACHMENT C 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 parry; 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 .1 ATTACHMENT D AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the day of 2012. The term CITIES may refer to CITIES collectively or individually. WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non - disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and AGREEMENT FOR COUNTYWIDE AB 939 R0PLEMENTATION FEE FYs 2013 - 2015 61 } i . _ _a WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton in Fiscal Years 2013, 2014 and 2015 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste (HHW) Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non - disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non - Disposal Facilities are defined as those facilities included in the County of Santa Clara Non - Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non- disposal facilities listed in Exhibit A, and any landfill or non - disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non - disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and non - disposal facility to submit required payment, documentation of tonnages disposed, and state - mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and /or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non - disposal facility operators. // // 2 AGREEMENT FOR COUNTYWIDE AB 939 BOLEMENTATION FEE FYs 2013 - 2015 62 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non - disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self - insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a parry shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non - disposal facility payments and disposal documentation required for calculation of Fee AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 63 distribution amounts. Distributions shall begin December 15, 2013, and continue quarterly through October 15, 2015. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non - disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non - disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non - disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation. of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. AGREEMENT FOR COUNTYWIDE AB 939 R PLEMENTATION FEE FYs 2013 - 2015 •ll Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non - disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2012. Said landfills and non - disposal facilities will be billed for the Fee through June 30, 2015. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Title: Address: County of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: San Jose, CA 95112 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. z AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 65 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 EMIPLEMENTATION FEE on the dates as stated below: "COUNTY" George Shirakawa, President Board of Supervisors ATTEST: LYNN REGADANZ Interim Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Mark Bemal Deputy County Counsel "CITY" CITY/TOWN OF A municipal corporation M. Title: Date: r7 AGREEMENT FOR COUNTYWIDE AB 939 WPLEMENTATION FEE FYs 2013 - 2015 •: EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON - DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Recovery Facility GreenTeam of San Jose Material Recovery Facility and Transfer Station Guadalupe Landfill Material Recovery Systems Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Transfer Station Pacific Coast Recycling, Inc. Premier Recycling Facility Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island San Martin Transfer Station Smurfit -Stone Recycling San Jose Facility South Valley Organics Stanford Recycling Center and Direct Transfer Facility Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z -Best Composting Facility Zanker Materials Processing Facility Zero Waste Energy Development Company Anaerobic Digestion Facility AGREEMENT FOR COUNTYWIDE AB 939 RVEPLEMENTATION FEE FYs 2013 - 2015 67 W.14 11101" FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non - disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction's percent of countywide population, according to the latest available population report issued by the California Department of Finance. 8 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 We 101141,011113 0 COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $2.08 per household in FY 2013 and $2.14 per household for FY 2014 and 2015. Fixed Program Costs may include, but are not limited to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes. 9 AGREEMENT FOR COUNTYWIDE AB 939 INTLEMENTAT10N FEE FYs 2013 - 2015 we 3. ABANDONED WASTE DISPOSAL COST The existing unexpended non - profit abandoned waste fund balance of approximately $76,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY 2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on CITY's participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $59 per car for FY 2013 and $62 for FY 2014 and 2015. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San Jose Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and /or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, electronic waste (e- waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop -off and collection events, or providing special programs such as door - to -door collection of HHW for the elderly and /or persons with disabilities and neighborhood clean -up events. CITY authorizes the COUNTY to use CITY'S Available Discretionary 10 AGREEMENT FOR COUNTYWIDE AB 939 RAPLEMENTATION FEE FYs 2013 - 2015 70 Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive their pro-rata share of funding received by the COUNTY from the HHW Fee, If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the County-wide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 29 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. 11 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 71 EXHIBIT D SECTION 29 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or. agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for. such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 26 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. 12 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 72 COUNTY shall require Conditionally Exempt Small Quantity Generators ( "CESQG ") and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY'S apportioned share of any liability for household hazardous waste. 13 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 73 ATTACHMENT E AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the (CITY) and the County of Santa Clara (COUNTY) on the day of 2012. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring HHW to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2013 through FY 2015 (July 1, 2012 — June 30, 2015); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2013 through FY 2015 on each ton of waste landfilled or incinerated within the county, received at any non - disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise; contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 74 incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Piumas Avenue, San Jose. C. Variable Cost Per Car provides a base level service of 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected AB 939 HHW Implementation Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2 75 3. FIXED PROGRAM COST Fixed Program Costs shall be $2.08 per household in Fiscal Year 2013 and $2.14 per household for Fiscal Years 2014 and 2015. Estimated HHW Fixed Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non -profit abandoned waste fund balance of approximately $76,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 5. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY 2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on CITY's participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $59 per car for Fiscal Year 2013 and $62 per car for Fiscal Years 2014 and 2015. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San Jose Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and /or provide additional services in that jurisdiction the following year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM KPI 7. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e- waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop -off and collection events, or providing special programs such as door -to -door collection of HHW for the elderly and /or persons with disabilities and neighborhood clean -up events. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. The CoHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 77 • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY's public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of locally produced materials; and, • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 10. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 11. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 12. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoMWCF). A third facility is planned and should become operational in January 2013. The CoHHWCFs are located at: ♦ Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale ♦ San Martin, 13055 Murphy Avenue, San Martin ♦ San Jose, 1608 Las Plumas, San Jose (future site, January, 2013) AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM i The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 13. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators ( CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on -site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. 14. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. 15. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6 79 CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 16. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218, as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e -waste and other common hazardous consumer products. 17. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 13 of this Agreement shall be accepted. 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door -to- door HHW collection, used. oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $ -0- to the Countywide HHW Program during Fiscal Year 2013 for the purpose of attaining or increasing resident participation above the 4% service level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance .is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Rol 19. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding. 20. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2013 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 21. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, retail take -back collection and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 22. ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e- waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the County pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 23. REGIONAL GRANT AND OIL PAYMENT PROGRAM ARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants and the Oil Payment Program, from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM F i cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 24. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY's written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 25. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 29 of this Agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 26. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 82 27. WASTE TRACKING AND REPORTING COUNTY will provide a mid -year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2013. Mid -year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi- annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. 28. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 1 10 1 1 1 In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 i transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 26 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HEW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 30. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 31. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 32. EXTENSION OF TERM This Agreement may be extended for succeeding three -year term if COUNTY and participating jurisdictions so agree in writing. H H AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 Ell 33. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 34. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 35. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 37. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of City Representative Representative's Title City Address Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 H H AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12 i Attachments: A Projected Fiscal Years 2013, 2014, and 2015 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2013, 2014, and 2015 C HI-1W Schedule of Collection Events for Fiscal Year 2013 D Household.Hazardous Waste Emergency Collection. Plan E Exhibit B -2D (revised.) Insurance Requirements for Environmental Services Contracts IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" George Shirakawa, President Board of Supervisors ATTEST: LYNN REGADANZ Interim Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Mark Bernal -------- - - - - -- Deputy County Counsel "CITY" CITYNOWN OF A municipal corporation LIM Title: Date: AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13 M C 0 T3 :3 C 0 O C 0 U- a) (L) 3LL : M 0) C', 0) C13 Al • a) 0 co 0) (D rl- co N (N cr 0 cu ca L) LL r < tu (L C 0 Lr) co fl, n OD (D V) 00 n Lf) 0 Oct co m 00 to n v co ca a) n ca Ce) m rL lD '4 4g, 'AN tc� 'l0 Z 4 �o �N p J og (D V 41' RN IF- R." i", M, 0 g -1 �1 'e IQ tq N cq Iq i� a) 00 Cl! C, In C� LD. - m rl�. 11 Ln cl! 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ZZ ;�z 0 B C E a) CL C U 0 :3 0 (9 w 0 -j 0 :R 0 2 0 2 CL ca (n m U) m :3 E-01 m z w x u we tD ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2013 2012/Month Day Date Location Type of Event County Holidays/ Notes July Saturday 7 No Event No Event FOURTH OF JULY Friday 13 San Martin Permanent Saturday 14 San Martin Permanent Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary August Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Saturday 11 San Jose Temporary Saturday 18 Sunnyvale Permanent Fridav 24 San Martin Permanent Saturday 25 San Martin Permanent September Saturday 1 _ No Event No Event LABOR DAY WEEKEND Saturday 8 San Jose Temporary Saturday 15 Sunnyvale Permanent Friday 21 San Martin Permanent Saturday 22 San Martin Permanent Saturday 29 Santa Clara Temporary October Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary Saturday 20 1 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent November Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Saturday -10 No Event No Event VETERANS DAY Saturdav 17 Sunnyvale Permanent Saturday 24 No Event No Event THANKSGIVING December Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Friday 7 San Martin Permanent Saturday 8 San Martin Permanent Saturday 15 San Jose Temporary Saturday 22 No Event No Event CHRISTMAS Saturday 29 No Event No Event NEW YEARS 2013 /Jan Fri, Sat 4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri,Sat 10,11,12 San Jose Permanent Thurs,Fri,Sat 17,18,19 San Jose Permanent Saturday 19 Sunnyvale Permanent Thurs,Fri,Sat 24,25,26 San Jose Permanent Saturday 26 Santa Clara Temporary M •N ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2013-continued 201 3/Month Day Date Location Type of Event County Holidays/ Notes February Fri, Sat 1,2 San Martin Permanent Thurs,Fri,Sat 31,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent March Fri, Sat 1,2 San Martin Permanent Thurs,Fri,Sat 28,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Thurs,Fri,Sat 28,29,30 San Jose Permanent April Fri, Sat 5,6 San Martin Permanent Thurs,Fri,Sat .4,5,6 San Jose Permanent Thurs,Fri,Sat 11,12,13 San Jose Permanent Saturday 13 Los Altos Temporary Thurs,Fri,Sat 18,19,20 San Jose Permanent Saturday 20 Sunnyvale Permanent Thurs,Fri,Sat 25,26,27 San Jose, Permanent Saturday 27 Santa Clara Temporary May Fri, Sat 3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Thurs,Fri,Sat 16,17,18 San Jose Permanent Saturday 18 Sunnyvale Permanent Saturday 25 No Event No Event MEMORIAL DAY WEEKEND June Fri, Sat 31,1 San Martin Permanent Thurs,Fri,Sat 30,31,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Saturday 15 1 Sunnyvale Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose 1 Permanent Saturday 29 Milpitas Temporary *SUBJECT TO CHANGE 31141ZU1 Z 91 18 Attachment D HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster - related HHW as soon as possible to avoid illegal disposal or harm to people and /or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to -door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DISC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 19 W S. Collection Events Temporary collection events can be set -up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. Neighborhood Drop -off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. ® Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and /or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. A third facility is planned and should become operational in January 2013. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale • San Martin, 13055 Murphy Ave, San Martin • San Jose, 1608 Las Plumas, San Jose (future site, January 2013) 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 20 93 for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on -site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. III REFERENCES AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 21 •11 California Integrated Waste Management Board, Intergrated Waste Management Disaster Plan: Guidance for local og vernment on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 22 95 Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D'Arcy Hazardous Materials Program Manager 408 -918 -1967 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262 -1843 916/262 -1841 (voice /TDD) OES - Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286 -0895 510/286 -0877 (voice /TDD) CHEMTREC Emergency number, (800) 424 -9300 Non - emergency (800) 262 -8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 23 •R Attachment E I EXHIBIT B -2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County "), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub - contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/2002 97 24 EXHIBIT B -2D (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liabilt- Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products /Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed C. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a cony of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the Rev. 4/2002 2 25 •R EXHIBIT B -2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials /wastes. 4a. Aircraft/Watercraft Liabilit}� Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all- states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence /aggregate. b. If coverage contains a deductible or self - retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence /event. Rev. 4/2002 • • 26 EXHIBIT B -21) (revised) C. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self - insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self - insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self - insurance programs or self - insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or Rev. 4/2002 4 27 100 Rev. 4/2002 EXHIBIT B-2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 101 W lore lu • PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 19, 2012 Subs ect 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- Discussion 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. 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. 1 102 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 Amy Chan, Interim City Manager Attachments: A. Draft Resolution B. Agreement 103 ATTACHMENT A 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; 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 19'h day of June, 2012, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: • /m Grace Schmidt, City Clerk Mark Santoro, Mayor 105 ATTACHMENT B 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. I 106 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. sec.) 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 By: Name: Gary Luebbers City Manager Dated: City of Cupertino By: Name: Amy Chan Interim City Manager Dated: 107 2 RANCHO RINCONADA SEWER DISTRICT Exhibit A -1 AGREWENT PHIS' AGREEMENT, made and entered into this 19th day of April, 1951, by and between the City of Sunnyvale, a municipal corporation, hereinafter designated as "CITY" and Quito Creek Home Builders, Inc., Permanente Home Builders, Inc., Sunnyvale Home Builders, Inc., Western Contemporary Home Builders, Inc., whose principal address is Box 188, Cupertino, California, hereinafter designated as "SUBDIVIDERS". W I-� T N- E S S E T H: That, WHEREAS, said Subdiva'.ders desire to subdivide certain land within the County of Santa Clara, State of California, in accordance with the map heretofore filed with the City of Sunnyvale, marked and designated Rancho Rinconada, Tract # 1287 in the County of Santa Clara, California; and WHEREAS, the Subdividers propose to sell the lots and/or improvements in said subdivision in the near future and are desirous of having sewage collection and disposal service avallab.le for the purchasers thereof, through and by means of a trunk sewer constructed from the vicinity of the above mentioned tract to the existing outfall- serer of the City of Sunnyvale; and MaRRE'AS, THE Furnishing of sewage collection and disposal service to said property by means of said trunk sewer are a necessary and valuable adjunct to the use.and sale of said property; and WHEREAS, the City is- willing to furnish sewage collection and disposal service to said property through and by means of said trunk sewer main 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, but upon the terns, conditions- and provisions herei.naft�r- in this agreement set forth; NOVI, THEREFORE, for and in consideration of the premises and of the mutual covenants, agreements, terms-and provisions herein contained it is -. agreed as- follows, to Mit: 1) The Subdividers agree to construct and install at their own expense within a period not to exceed one year, from the date -of recordation of the map of said Tract No. 1287, a�V.C. sewage pipe collection system, together with V.C. wye branches and 1/8 bends for house sewer laterals, manholes- complete with City of Sunnyvale standard castings, steps-, etc. 2) A house sewer lateral for each lot shall be constructed from the main sewer in the street to the property line before the street is paved or sidewalks constructed. Said house sewer lateral shall be four (411) inch V.C. Pipe connected to the main sewer with a V.C. wye branch and one - eighth (1 /8) bend and shall have a four (4 ")inch wye clean out located at the property line. 3) All above mentioned sewer mains and laterals shall be constructed and installed in accordance with the Standard Specifications of the City of Sunnyvale pertaining to said work, and in accordance with the plans prepared by Frost and Brian, Civil Engineers, as approved by the Director of Public Works and Utilities for the City of Sunnyvale, therefor and attached hereto an Exhibit A. and by this reference made a part hereof. Such construction 1: and installation shall be under the supervision and subject to'the approval. 6f the Director of Public Works and Utilities,- of the City of Sunnyvale or his-authorized representative. 4) All mains, appurtenances, equipment and property of whatever.kind of character constructed or installed pursuant to the provisions of this= agree- ! Ment shall be the sole and exclusive property of the City of Sunnyvale and ,.- shall be delivered to the City of Sunny--jale, free and clear of all liens and ,,-' encumbrances whatever. 5) It is further understood and agreed that the Subdividers will gave on the date of the execution of this agreement a, good and valid bond in the amount of Fourteen Thousand and No/100 ($11,000.00) Dollars! for the faithful performance of all the terms and conditions- of this agreement, and for .the payment for'al.l work, labor and materials-, the said bond to be approved by the City Attorney of the City of Sunnyvale. b) It is further agreed that the Subdividers shall idemnify and save harmless the City of Sunnyvale, the City Council and the Director of Public Works and Utilities from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof. _ 7) It is further understood and agreed that the Subdividers shall pay to the City of Sunnyvale on the date of execution of this agreement the sum of Two Hundred Ten and No/100 ($210.00) Dollars. Said sum being the engineer- ing inspection fee for the installation. of said sewers. Said fee being 1'% of the estimated cost of the construction of said sewer mains. 8) It is further agreed and understood that all lots or dwelling units within said Tract No. 1287 shall be subject to a monthly sewer service charge at the rates and in accordance with the rules -and regulations of the City of Sunnyvale now-in force or that hereafter and from time to time may be established by the City Council of the City of Sunnyvale for such c service. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed and their seals affixed pursuant to authority theretofore granted, the day and year first above written. SUBDIVIDER Quito Creek Home Builders, Inc. /s/ Richard C. Price, Pres. CITY OF SUIINYVALE /s/ AJD - Seely Treas. Permanen•te Home Builders, Inc., By /s/ R. B. Gilmore, Mayor By 7 By /s/ Ida Trubschenck, City Clerk Sunnyvale Home Builders, Inc., /s/ Richard 0. Price, SIP Western Contemporary Home Builders, Inn., /s/ John E. Klawin 109 Read by: 'B. Wilcox W. S. Cranston, J. R.-Campbell W. L. Krans Joe Dazzo E. Nelsoa G. Long E. Robinson F. -Carer e M. Carrillo. Jim Mathews. (In writing by B. L. Wilcox: - Mr. Abbott: Those employees most likely to answer 'over -time calls for Sewer problems have been shown this= agreement and have signed on•the back page being aware that all -sewer complaints. of. Rancho Rinconado & - Los Altos are to be handled as Sunnyvale Calls:- Namely: Check main and if clear., hand the eomplaintant a card with instructions to call . plumber, etc. /s/ BLW 1/7/66 110 CITY OF SUNNYVALE SEWER RESPONSIBILITES RANCHO RINCONADA AREA Exhibit' A -2 The City of Sunnyvale provides the following services to the residences and businesses located in the Rancho Rinconada area of the City of Cupertino; • The City of Sunnyvale owns and maintains all sewer mains located in the Rancho Rinconada area serviced by Sunnyvale and will maintain, remove stoppages and make all required repairs to the mains as needed. • The City of Sunnyvale's wastewater crews will respond to all sewer - related calls received from the area served by Sunnyvale. The crews will determine where the problem is located and will deal with it accordingly. • Any problems determined to be in private sewer laterals will be forwarded to the reporting parties for them to correct. The City of Sunnyvale will not do any of the following; • Clean and clear any blockages in private sewer laterals. • Inspect or make any repairs to private sewer laterals. • Assist in any mechanical cleaning, clearing of blockages or repairs to any private sewer laterals damaged by trees or roots. THE HOMEOWNERS AND BUSINESSES IN THE RANCHO RINCONADA AREA OWN THE ENTIRE SEWER LATERAL, FROM THE BUILDING TO THE MAIN, AND ARE RESPONSIBLE FOR ALL MAINTENANCE AND REPAIRS NEEDED TO KEEP THE LINE CLEAR. The attached drawing clarifies the terms used above. 111 �U W KIM � 1 n / O F w�rzj H N U O '¢ 8 c3 8 O al �w 'a � d N_ a z z.1!!!� CO, 0 N � 1 n / O F w�rzj H N U O '¢ 8 c3 8 O al �w 'a � d N_ a z Vol � ST.1 ysf ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 19, 2012 Sub, ect 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. Description The City currently has an agreement for consultation services with ACI Holdings, Inc. which is due to expire on June 30, 2012. Discussion 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. 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 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. Page 1 114 (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) l�us 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. Page 2 115 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 parry against City as a result of any activity of either parry 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. Page 3 116 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 LM Peter Oppenheimer Chief Financial Officer & Senior Executive Vice President Page 4 117 wC3 9s� 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 Ca1PERS reserve to level future rate increases and $4.261 million in one -time revenue reserves. It maintains our Economic Uncertainty Reserve I and 11 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 I" 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 AttgrhmPntQ- 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 Al, 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 Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 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: Grace Schmidt, City Clerk APPROVED: 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- 123 Page 2 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: ATTEST: Secretary APPROVED: Chairperson Successor to the Redevelopment Agency 124 Budget Study Session Follow Up Items Fiscal Year 2012113 # Question Recommended Changes to Proposed Budget I Any Solar projects proposed? Add $20,000 to solar project 2 Recap of OPEB Trust, how it works and ROR 3 Memo on estimated election cost savings - even yr 4 Benefits of using a lobbyist for ERAF /TEA & cost 5 Revised Festival Schedule 6 Cost estimate to move the Snyder /Hammond House 7 Information on the proposed Android app and cost 8 List of IT projects Identify approved/not approved & originating dept 9 IT charge backs - this year and last year Identify operational cost and capital or project cost 10 Any Mobile Service Improvements in 12113 Identify what & how much is approved /not approved 11 Summary of all legal budgets 12 Department trend analysis Add $4,500 to Mayor's Fund 13 Blue Pheasant expenditures - 4 years Provide cost increase explanation 14 Possible storm drain cost reductions resulting from plastic bag bans 15 History & recommendation re;Sports Center fence 16 List of school partnerships provide complete list of services & any shared costs, including those provided through the Sheriff contract. and the cost of the Sheriff programs (regular & OT) 17 Summary of Euphrat Museum funding 18 Fire Service Summary Include historical service level /history behind district 19 Safe Routes to School Summary 20 Budget Timeline 21 McCleIlan Road Sidewalk solutions 22 Deer Hollow Farm notification of Public Hearing 23 TICC review/recommendation of KMTV proposal Add $50,000 contingent Have they approached other agencies? on KMTV raising other $$ 24 Steven Creek Corridor Information 25 Proposed FY 12 -13 CIP - Schedule Change Summary Total proposed change $74,500 125 ITEM # 126 CUPERTINO PUBLIC WORKS DEPARTMENT CITY HALT. 10300 TORRE AVENUE ^ CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cuperi:ino.org 20122013 BUDGET STUDY SESSION FOLLOW -UP June 11, 2012 Proposed Solar Projects The Service Center Solar Carports Cost - Benefit Study has a proposed $10,000 budget and is in the FY12/13 CIP. As a result of the discussion and comments received at the May 30 "' study session with Council, this project is being re- titled to "Solar Assessment at Public Buildings — Phase I." The scope of this project will focus on analysis of solar project ecozioi is viability at the Service Center and the Civic Center. Deliverables of this project will be a recommendation on whether or not to proceed. Should the assessment find that the city would benefit from a solar project, the analysis will also review project alteniatives including a direct purchase, third party ovsniership (power purchase agreement), and participation in a regional collaborative solar procurement process. Revised Staff Recommendation Staff is requesting an additional $20,000 for this project. The revised budget will be sufficient to complete Solar Assessment of Public Buildings -- Phase I. Based on the findings of the Solar Assessment, budget requests to proceed with physical improvements may be reconnnended in the future. I 127 Solar Assessment at Public Buildings - Phase 1 Scope: Assessment will be to focus on solar project development at the Service Center and the Civic Center. The assessment will recommend direct purchase or third party ownership (power purchase agreement), consideration of participation in a regional collaborative solar 'procurement process and develop a request for proposals. The project payback period is estimated at less than 15 years and possibly as short as 11 years if rebates are received and electric rates continue to escalate. This is an assessment and report and does not include construction costs. Category: C - Enhancement Priority: 2 Status: Pending Council Approval Proposed Budget: $30,000 (General Fund) Schedule: Study to be initiated by 01/2013 Maintenance: n/a Recommended Budget Action: Direct staff to move forward as Priority 2 project. This funding is currently shown in the proposed budget. Page 30 of 95 128 ITEM #.. 129 Budget Follow up Questions Fiscal Year 12113 Item ##2 -- Recap of Other Post Employment Benefits (OPEB) Trust Prepared by: Carol Atwood, Director of Administrative Services & Dave Woo, Finance Director The City established a separate trust fund for our OPEB obligations in Fiscal Year 0$109 based on a study that showed that Cupertino could save approximately $500,000 per year in annual contribution requirements associated with our retiree medical obligations from the establishment of a separate, long- term investment trust. Our City investment portfolio operates on the criteria of safety, liquidity and risk (in that order) and ensures that monies are available for the next 6 month for cash flow needs as required by State law. We therefore invest in very conservative instruments with a lower rate of return, The OPEB Trust portfolio is a long -tern portfolio and can therefore invest in medium risk instruments which results in a higher rate of return. Our current City portfolio currently earns 0.26% and the OPEB trust is estimated to earn approximately 6% over the long -term life of the trust. The OPEB long -term liability is split between the "regular" portion funded by growth on existing trust assets and the "unfunded" portion that needs additional contributions. Up to now, the unfunded portion was expected to be paid -off in seventeen years. For Fiscal Year 12113, the City Manager's proposed budget recommends pre - paying the unfunded portion of the OPEB obligation with one -time monies of approximately $15,400,000. The availability of one -time funds and the large difference between the 0.26 current and 3% long -term rates that the funds earn in the City treasury versus the 6% that it could earn in the OPEB trust make this option possible, The increased earnings off of the higher level of trust assets are used to pay future retiree medical premiums, significantly reducing future General fund contributions by an average of $1,400,000 per year over the next ten years, thus freeing up these funds for operating purposes, The attached analysis shows the payback period for paying the $15,400,000 up front against the $1,400,000 annual savings. In the first year, the $15,400,000 is $13,500,000 higher than the former annual payment. The annual savings recoup the upfront payment increase after ten years, The annual savings continue to grow after ten years, Once deposited into the trust, funds cannot be used for any purpose other than retiree health coverage. While the City may move funds to a different trust provider with ninety day notice, trust funds cannot be withdrawn for other City purposes, per IRS rules. The trust protection allows the City to use it to reduce future required contributions. Just placing these funds in a City reserve does not reduce future contribution requirements. Staff believes the long -term financial benefits of the retiree health pre - payment outweigh other budgetary directions. 130 131 a 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 O C] o 0 0 0 0 O 0 O O 0 C) o �' rri ca -ce o� oo Lf a a r- �r-I r" 0 m Lr m o s` m rn V a 10 o� a M u M Q uA a a o a o 0 0 0 0 0 0 0 m o Lc o ri ci � t6 Ln ri r» ui 0 o a a un rl %D a in CA M r� o of In N N M M [t 'd' Cr' 4f1 Ln tD UD � [YF rl ri rl ri ri c-II rl rl ri r! C Q A O O 0 0 0 0 0 0 0 0 0 O O 0 0 0 O O 0 O O O O O O O O O O O O O O O O O O Q 0 0 0 © © © O d O © O a O O O 0 o O O O O O O O QS d H N m d' Ln W T" w m Q r I N N fV N N N N N fV N l6 E N N C C 0 E O @ Cm --------- > 4 2 N a m N C W C " 4- Q a m CL o 0 0 0 0 0 0 0 0 0 0 0 E n o 0 0 0 0 0 0 0 0 0 0 0 ? 0 I O o 0 0 0 0 O 0 0 0 O O o o 4 o ai r-i (.o �4' Ln ai r l Ln O ti- i ` O O ql m m O) d' 0 Co N Ol O O t: w w w m Ql O H H N N r� L P L (�4 A Ln r-I r-I rl r-I r-I N d C � CL r ro 4- c 4' O en U C ~ UO 14�- Q cp m C 41 U C E ..Q --', 3 .� m — ^ — ^ — — ^' 4- d (i Q1 z a N o.. O i t U 4= v CL c w m i+ O m Ln w r� 00 M 0 r-I N m ril C ri L rl ri r-r H r-I H rH N N N N L O m a O d d 0 0 0 0 0 0 0 N N N N N N N N N N N ON or Z) Q 131 ITEM # ,� 132 r C OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 To: Carol Atwood, Director of Administrative Services From: Grace Schmidt, City Clerk Subject: Election cost savings to switch from odd to even year elections Date: June 12, 2012 City Council asked staff to research cost savings associated with switching from odd to even year elections, The Clerk's office contacted the County Registrar of Voters who provided the attached information. In summary, initial research estimates that cost savings would range from $58,000 for Council seats only to $57,000 for Council seats plus one measure, on the low end, Note, that a one -time cost of approximately $20,000 would apply dropping the cost savings the first year to $38,000 and $37,000 respectively. 133 Grace Schmidt Prom: Gomez, Carol [carol.gomez @rov.sccgov.org] Sent: Thursday, June 07, 2012 3:34 PM To: Grace Schmidt Cc: Bituin, Vicky; bushey, Shannon; rosas, elma; Garner, Barry Subject: RE: City of Cupertino UDEL vs. General election Attachments: 2013_2014 City of Cupertino - Comp UDEL & Gen.xls Hi Grace, Per your request, below are the comparative estimated costs for 2013 UDEL & 2014 General elections; both with one issue (City Council only), and 2 issues (City Council with measure) in the ballot. ONE ISSUE TWO ISSUES UDEL ELECTION — Nov 2013 (City Council) (City Council & 1 Meas.) Low end $147,000 $185,000 High End 263,000 300,000 GENERAL ELECTION — Nov 2014 For City Council only $80,000 For City Council and a Measure $128,000 ASSUMPTIONS: 3 open seats for the City Council with 2 candidates per seat @ $1,952 per candidate statement 1 measure with 6 pages @ $6,214 per measure page Please take note that I used the actual low -end and high -end unit costs in the computation of the UDEL election estimates, based on the history of the City of Cupertino's regular elections (from Nov 2005 to Nov 2011). 1 would like to reiterate that all of the figures above are all estimates and are subject to change. As you have indicated in your email, the City is considering changing the election date from November of odd years to November of even years. In this regard, there is a one -time cost of approximately $20,000 to process the change in our election system. Attached is the spreadsheet of the computation for more details, If you have any question, please don't hesitate to give me a call. Regards, Carolina R Gomez Accountant III Registrar of Voters Santa Clara County Tel No, (408) 282 -3012 Fax No. (408) 282 -3046 1555 Berger Drive, San Jose, CA 55112 134 a c cp M E p cp ao � O N N G w N 4J � LG U z � Z W O U C7 � U O CM9 N N 0 N J W F-Cri 0 `o M r m m U W � 3 0 y Cu bO w CD w V w Z m U 0 d _ s. > Z a O Z O w O y m U m F- Z 'A W N fA 0 N v @ U' F-Zmti WU— 0 ti Wwz- o <�p (v U ZLLmS3 O C co 0 r U 0) 0 ° 0 N o O E U uiS u ° w ro ❑ U J N c U H W p d u O co 0 H � U 7�LrlC7 P N �O a p O U) W LL.N U �Q v+ 16-0 LO W 3 J U U Z O a F- CL 2 0 U N O U v w � 69 EPr O r O U E9 O 0 U L 9 cc LO U es- 4D O h U 00 C N � V M � T � to N N O n U � c m a •U �U c c U U U U M M m r M ar •O N L U7 O U O U U a LoO)a°' 0 y Cu bO V o N C ° Cca N @ (d N LIJ CQ Q CIJ 49 (v U 0 oz (D (Lr) h N U p N W .0 64 LO .V. 00 c ;5 0 Y �4 v ur (3) ,p M h co V Lr, M Y O 7 T � i'•4 i+ F Era 64 64 q0 p tn v N N '•" � N O q H r u E9 64 @ V N V 0] 0 ar E c'i + 4i v a �j ° H r E m 0 U x' v cd "d co (O C m V (U 0 a@ [J U) rl T °7 E ar •O N L U7 O U O U U a LoO)a°' 0 y Q} C (D N @ (d N LIJ CQ Q CIJ 49 (v U 135 T N N a N N_ E — ° 0 C M @ r 00 c N ° U W 0 U 75 a T N T O N co w-. O C Q1 C7 J W D 7 a E C? ° c N R 7 U 0 U 0 NI Cl) O N ITEM # 9- 136 Budget Follow up Questions Fiscal Year 12113 Item #4 — Benefits of using a Lobbyists for TEA/ERAF Prepared by: Carol Atwood, Director of Administrative Services Experienced and successful lobbyists thoroughly understand the legislative process and have the ability to strategically plan and ensure close follow -up that is of significant value to our City when pursuing legislation such as TEA/ERAF. Lobbyists enable organizations to draft legislation, develop strategies for new bills /regulations, connect and stay informed and proactively reach out to elected officials prior to new policies being drafted. In addition, they assist in the preparation and presentation of information, arrange testimony for hearings, and arrange and attend face -to -face meetings with staff and /or State officials. Their goal is to provide a positive impact on decision makers so as to affect the process in Sacramento. In many cases, lobbyists serve as an extension of a senator or assembly member's office staff. Given the hundreds of bills and amendments introduced during each legislative session, it is impossible for legislators to gauge the potential effects that each may have on affected groups or individuals. Lobbyists assist staff by communication often complicated issues and by knowing how to break an issue down into relatively small and simple parts. The role is to simplify the learning process of the member and /or staff person, yet provide them with accurate and timely information. We have used the firm Gonsalves & Son for several years. Their contract was originally under the City of Saratoga, and the other cities — Cupertino, Monte Sereno and Los Altos Hills shared in the cost. Gonsalves & Son were instrumental in helping us pass AB 117 in FY 2005106. Several years ago, the contract was transferred to the City of Cupertino. Total contract costs are $42,000 and the three other cities reimburse us approximately $18,480 for a net cost to the City of $23,520 per year. This allocation is based on the amount of property tax accruing to each city if legislation is successful. No budget has been included in the FY 12/13 proposed budget for a Sacramento Lobbyist. Staff recommends that the TEA/ERAI~ subcommittee discuss City needs in this area and interview several firms between now and the November elections. At that time, a budget adjustment can be brought forward to Council consideration for the cities to pursue January 2013 legislation. Attached is a recent summary on AB 1816 from Gonsalves & Son and a future timeline to follow if Council decides to move forward again with legislation in January 2013. 137 Pit Joe rases Soin 1a 4 FROM: ANTHONY, JASON AND PAUL GONSALVES SUBJECT: SANTA CLARA COUNTY TAX EQUITY ALLOCATIONIERAF LEGISLATION DATE: MONDAY, JUNE 04, 2012 As you know we have been working with Assemblymember Beall throughout the 2011 -2012 legislative session in an effort to address Santa Clara County's No & Low tax cities Educational Revenue Augmentation Fund (ERAF) inequities. In 20052006 the Legislature passed AB 117 by the Assemblymember Cohn, which brought the No & Low tax cities within Santa Clara County up from 4% to the statewide average of 7 %. Unfortunately, the Legislature insisted AB 117 be amended to.address potential costs to the State by ensuring your cities continue to pay into the ERAF fund, unlike the other No & Low tax cities throughout the State. As we discussed during our conference call this evening, there are strong public policy arguments for addressing your ERAF inequity, unfortunately in light of the State's ever - growing general fund deficit coupled with election year politics it may be very difficult to accomplish this prior to the Legislature adjourning on August 3151 That said, we are not giving up, things change constantly in Sacramento and we will continue to pursue any /all opportunities (Le. 213rds compromise, budget trailer bill, extraordinary session proposal, etc.). 138 In the event this matter continues into the 2013 -2014 legislative session, which will convene in January 2013, the approximate timeline would be as follows (please note the official calendar has not been established thus far): • January 2013, Legislature will convene the 2013-2014z session • January 2013 we will have to submit la- nguage to Legislative Counsel • Third week in February will be the deadline f0r::th6 bill-to-be ifitroduced • Late April will be the deadline for the bill to pass out_gf policy corimmi tee Late May will be the deadline for the bill to pass oufof thefiscal:cormittee • Late May /early June will be the deadline for the bill to pass out of the., house of origin (meaning Senate bills must pass out of the Senate to the Assembly and Assembly bills must pass Assembly to Senate, otherwise they become two -year bills and will be eligible in January 2014) Should we end up proposing legislation in January, we will plan to coordinate our efforts with your entire legislative delegation. We will reach out to your Legislators immediately after they are sworn in on December 3rd (if not sooner). Recognizing the No & Lows have been forced to endure 20+ years of inequitable treatment, I know the process can be tiresome at times.' The enactment of AB 117 took several years and we are prepared to go the distance to resolve your current ERAF imbalance. Should you have any questions or concerns please do not hesitate to contact me. 139 ITEM # 15 140 3 0 .X tv N w iv 0 N LL 0 N CL u 4- 0 a U N r-1 O N a+n�n�5 141 14r Uo 0 0 0 0 o 0 0 0 0 0 0 0 r-i I-q 0 0 0 0 o ao 0 0 0 0 oo O LO m 0 0 lzr Lri Lri m 0 0 0 L r) w 0 Ln i. LO 0 0 r- r- R:r Ln 0 0 i. 0 0 oo Ln Ln m Ln Ln oa m Ln Ln co 0 n +�+ Ln c i w m c-I r` N H N M t/D t! V i/} V). Vf V). H 'V1 - m - w 0 0 Ln 0 o0 Iq O O Ln O O 00 0 O M 0 LO 000 0 00 Q O n O N m N N 4 O O d O O LA 6 u° o00 00 0 Loo 0 m m 4 06 ri m ut 14 tf� Ul) CD O O N ++ N O O p n n 0 M 0 t0j 0 000 � t1} vi- t1} Q)- N ti)- m ,+., S!} C6 a 0 0 _0.. -- - -- 0 0 0 0 G 0 0 0 O O Q 0 o w � 0 0 � r 1 t00 tmr� trr� m L L. +1 +1 V V W 4� V V V U U U � � ra co ca ate+ ca 4� m O- ca N F= E E E E V) 0 tn' ua'i v Vv W aj a LU Lit w w M w _ _ vi t A Q M O e-i u "4 a c f*1 N m IB LE CD a) O L N N- N ++ N O 0 N O p c. L 0. N N ++ N 0 N -� 62 = N y •w 0 0 L o v E v a � O [6 uo O fV N 0 O V� 0 L O V O O. �_ o O 3 SD > v@i �?? r'I p C7 B m ? [� E N I H' C Ly co m -�-� aJ U Q. _ :u _ E C 4- Q L G CL ca `n m 3 U N m °' o 141 ITEM # (o 142 2012 -2013 BUDGET STUDY SESSION FOLLOW -UP June 11, 2012 Item 46 Cost Estimate to Move the Snyder[Hammond House We received a budgetary estimate of $20,000 to complete a feasibility study of moving the Snyder /Hammond House to a site on the west side of town, such as the Stocklmeir Orchard. Comparatively, since much of the cost of the analysis relates to the route to the new location, a feasibility study to relocate the house to the east side of the City would be approximately $40,000. If multiple sites and move routes are added to this east side work, this would likely add. approximately $5,000 per added site, A feasibility study includes investigation & documentation of the building for complications in moving the structure. The study would also produce a budget estimate for the relocation costs. Philanthropic groups or the Historic Society may be interested in this project. This study is not budgeted in the proposed CIP budget. Pre�cl_by__ Timm Borden, Director of Public Works Department 2 143 ITEM # `i a- I O 144 Date: June 11, 2012 To: Amy Chan From: Rick Kitson OFFICE OF PUBLIC AND ENVIRONMENTAL AFFAIRS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3212 • FAX (408) 777 -3366 Re: Improved Services for Mobile Devices -- Items 7 & 10 Summary Several improvements have been proposed in order to address Council desire for better access to city services from mobile devices expressed at the May 30 budget study session. Background The City of Cupertino's first app was the Access Cupertino iPhone app. This became active in the late fall of 2010. Access Cupertino allows users to submit a service request or report a problem, along with a photo and map location for the issue. The app then generates a service request that is placed into the city's Customer Relationship Management (CRM) system with full workflow and notification. Ten percent of all service requests to Access Cupertino are submitted via iPhone app. In 2011, the city rolled out a beta version of an emergency preparedness app also for the iPhone and iPad called Ready 95014. This app provides the user information on steps to prepare and respond to emergencies including earthquake, flood, fire and pandemic. The app also shares suggestions about the best means to get and send information during a disaster. These include Cupertino's radio station (1670 AM) that streams live from the app, and a map of the City's Area Resource Centers (ARCS), and satellite locations opened after disasters to provide public assistance. The Pew Internet and American Life Project found in February of this year that 85 percent of all adults own a cell phone, while only 59 percent owned 'a desktop and 52 percent a laptop. A March report from Pew also found that 47 percent of all American adults get news and information on a cell phone or tablet computer. The Communication department is expanding mobile access in several ways. Two apps currently under development are Eats 95014, an interactive local restaurant guide, and an unnamed app to support the city's new tree program that will help residents to identify and better care for the street tree in front of their home. 145 Recommendation & Cost City Channel staff recommend the highest priority for funding in this area should improve and expand access to those services and apps that already exist. Item # 1— Android App - recommend funding to make Access Cupertino and Ready 95014 available to Android devices. To reprogram these apps to the Android platform will cost a total of $6,000. $10,000 is included in the proposed budget for apps — no further funding requested at this time. Item #2 - For improved access for mobile devices to the city web site, $5,000 is included in the proposed budget. Improvements for the mobile site would focus on providing search functionality and enhanced site design. 146 ITEM # S 147 m �I N r LL QJ LkO Z3 m H �1 Qt° • 0 0 C rl 0 0 w O ° � d a O � Q cn w Ln w Ln w Vn w U) w N w V) w v1 w Ln w N w 0 w u N w l/� 11J 0 W V) W v7 W Ln W Ln W N W cn W N to N w cif Ln O W W w w o 0 V) O x x x x x x 06- co 0 Lo kD o -V). u H ( M C V U u E 1 X X X X X x x x x x x x X x x x x x X �— U� 4J X X N N a) Z Z of O O O 4 O O 0 0 O O 4 cc O d O b 0 m O O O O O O 0 O O' O O O O O L C1 C) 0 d 0 C) C) Cs 0 0 0 Ln 0 0 0 0 0 0 0 Ln O uQ O O C) O O O O O q' O 00 O 00 Q'I m 00 m Cp Q Ln O Ln Ln V/ N Ln [� Ln O 0 O O. U Ln H 4 Ln Ln m Ln -L r de V� L6 +h N tz V� ri l- v} N V) L6 rn L6 V L6 V) rl � N � tri r-I � O -1 Lp 1.0 F in CO yr o yr Vc yr {n m w a w U U u U U U 0 (J u E E E E E E E E E E E f E E E E E E E E E E © H cJ p m V)LqLnvlLn aJ a v a D u CL D 0 o 0 0 p P 0 a D v D u Ln m m E C � U p- O N vi a O O ri j E C o d o ° n a m L�=_ +°� a�ai a u 'a E C13 0 9 m _ E m t a`J L ri m 0� +� _ N N m U Q C CD S in co O N O CL ❑ Q a •C N �— Q w •O to N N N C] ci �A ~ U j _ ? C G N\ C N Ln W "O vi "C] N U , D Ln to P7 O CC' �.. N U U ro E O Ql V dQ-J ', i bU x w n n on J Q +, ao E on C C O �, ❑. — N {6 O C KD a �- N "6 L txo N U Q tt0 a d C Q f6 •ti' 2 Q C 'N U N fp f6 •L E m Q Q7 ai to m -O N O h0 O_ v C no C wo C a 7 — �; hq in E 0.S O. 'a m •� a E •� Ll v U LJ, �r .a o w O V -J W p -O U 7 C +' N U.. (V "O i en CJ O 41 @ i� E N +� O [1) bA 'D Z7 C f6 O Q QJ u7 .4; N w ?- N rz C 47 UY C— 'p hp L.7 N 7 p N A. N Q _Q f.. O R. i- +,r y Lo x u ❑ •� d y0 ? - E O❑ M C O X x N N U v 0 p- p. 3 p � C E C E ro U ^ a v Q- o o Q o m N uJ cn L 0 m-0 0 `r3 0. v1 a Q U C a O. 10 u L] V C ate-+ m P .� a N R I a Q Q Z w E la U U fo U Q 0. Q Q E w aX O C7 U� a w w" Ln �o p x te H rl P U ri N m n u h 00 cl r H rl H { H rl N N N N N 10 �i! • ITEM # � 149 Budget Public Hearing 2012 -13 Follow-Up Item 99 IT Chargeback Comparison - Fiscal 2011 -12 and 2012 -13 Reflecting Allocation Method Change for 2012 -13 (See Note Al) 2011 -12 2012 -13 Increase/ Actual Proposed (Decrease) Note Charges by Division City Council and Administration 110 -1000 CITY COUNCIL 15,900 7,400 (8,500) 110 -1200 CITY MANAGER 2,900 22,900 20,000 110 -1201 COMMUNITY OUTREACH 0 6,200 6,200 110 -1500 LEGAL SERVICES 900 26,500 25,600 (D) Public and Enivronmental Affairs 110- 33 00 COMMUNITY RELATIONS 14,800 12,700 (2,100) 110- 3400 CUPERTINO SCENE 0 3,200 3,200 110- 3500 GOVERNMENT CHANNEL 342,600 151,300 (191,300) 110 -3501 GOVERNMENT CHANNEL -SPCL PROJ 0 4,300 4,300 110 -3600 CITY WEBSITE 30,100 12,600 (17,500) 110- 3700 ENVIRONMENTAL AFFAIRS 0 9,300 9,300 Administrative Services 110 -4000 ADMINISTRATION 8,800 23,400 14,600 110 -4050 NEIGHBORHOOD WATCH 900 3,500 2,600 110 -4100 ACCOUNTING 108,900 35,100 (73,800) (A) 110 -4110 BUSINESS LICENSING 9,900 12,000 2,100 110- 4300 CITY CLERIC 76,200 23,200 (53,000) (B) 110- 43 10 DUPLICATING AND MAIL SERVICE 0 2,700 2,700 110 - 4400 EMERGENCY PREPAREDNESS 3,800 3,800 0 110 - 4510 HUMAN RESOURCESILITIGATION 31,600 33,200 1,600 110 - 4540 INSURANCE ADMINISTRATION 0 3,100 3,100 110- 4700 CODE ENFORCEMENT 5,000 32,600 27,600 Parks and Recreation 110 - 6100 ADMINISTRATION 9,500 23,900 14,400 110- 6200 QUINLAN C.C., CULTURAL /SUPRVSN 3,100 38,200 35,100 110- 6220 BLACKBERRY FARM PICNIC AREA 29,000 26,600 (2,400) 110 - 6230 COMMUNITY HALL 0 2,500 2,500 110- 6248 CULTURAL PROGRAMS 0 3,900 3,900 110 -6265 QUINLAN COMMUNITY CENTER 109,600 12,500 (97,100) (C) 110 -6300 YOUTH, TEEN, M.V. REC. CNTR/SUPVR 3,400 21,000 17,600 110- 6342 YOUTH PROGRAMS 0 2,400 2,400 110 - 6344 TEEN CENTER 5,900 3,900 (2,000) 110 - 6347 NATURE PROGRAMS 0 7,600 7,600 580- 6349 RECREATION PROGRAMS 0 27,800 27,800 110 - 6400 PHYSICAL RECREATION /SUPERVISION 0 18,500 18,500 560 - 6440 BLACKBERRY FARM GOLF COURSE 0 10,600 10,600 580- 6449 RECREATION PROGRAMS 0 13,700 13,700 150 570- 6450 CUPERTINO SPORTS CENTER 2011 -12 2012 -13 Increase/ Actual Proposed (Decrease) Note 49,100 20,300 (28,800) 110 - 6500 SENIOR ADULT PROGRAMS 36,700 32,800 (3,900) 110- 6529 SENIOR CENTER CASE MANAGER 0 5,600 5,600 110- 6549 SENIOR ADULT RECREATION 0 14,200 14,200 Community Development 110 - 7200 PLANNING ADMINISTRATION 8,900 14,700 5,800 110 - 7301 CURRENT PLANNING 43,600 68,000 24,400 (E) 110 - 7302 MID AND LONG RANGE PLANNING 4,600 11,800 7,200 110 - 7306 ECONOMIC DEVELOPMENT 0 12,000 12,000 265 - 7405 BMR HOUSING 0 2,300 2,300 110 -7501 GENERAL BUILDING 267,500 81,200 (186,300) (E) 110 - 7502 CONSTRUCTION PLAN CHECKING 900 17,000 16,100 110 - 7503 BUILDING CODE ENFORCEMENT 3,700 50,100 46,400 Public Works 110- 8001 PUBLIC WORKS ADMINISTRATION 5,600 36,900 31,300 110- 8005 ENVIRONMENTAL MANAGEMENT 2,000 1,600 (400) 520- 8003 RESOURCE RECOVERY 0 21,000 21,000 230- 8004 NON POINT SOURCE 0 15,400 15,400 110- 8101 ENGINEERING DESIGN 34,600 67,600 33,000 110 - 8102 INSPECTION SERVICE 900 9,700 8,800 110- 8201 ADMINISTRATION 125,900 32,900 (93,000) (F) 110- 8302 MCCLELLAN RANCH PARK 0 2,400 2,400 110- 8303 MEMORIAL PARK 900 20,400 19,500 110- 8312 SCHOOL SITE MAINTENANCE 0 23,800 23,800 110- 8314 NEIGHBORHOOD PARKS 0 47,700 47,700 110- 8315 SPORTS FIELD JOLLYMAN /CREEKSIDE 0 18,900 18,900 110- 8321 CIVIC CENTER MAINTENANCE 0 6,900 6,900 110- 8401 STORM DRAIN MAINTENANCE 0 8,200 8,200 110- 8402 STREET CLEANING 2,600 2,400 (200) 270- 8403 SIDEWALK CURB AND GUTTER 0 6,900 6,900 270- 8404 STREET PAVEMENT MAINTENANCE 0 16,500 16,500 270- 8405 STREET SIGNS MARKINGS 2,000 18,200 16,200 110- 8406 GRAFFITI REMOVAL 0 1,300 1,300 110- 8830 STREET LIGHTING 900 2,900 2,000 110- 8850 SERVICE CENTER OPERATIONS 0 2,300 2,300 110.8407 OVERPASSES AND MEDIANS 4,400 41,000 36,600 110.8408 STREET TREE MAINTENANCE 0 46,300 46,300 110- 8409 ELMWOOD PROGRAM 0 20,900 20,900 151 110- 8501 BUILDING MAINTENANCE CITY HALL. 110 - 8502 LIBRARY 110- 8503 SERVICE CENTER 110- 8504 QUINLAN COMMUNITY CENTER 110- 8505 SENIOR CENTER 110- 8506 MC CLELLAN RANCH 110- 8507 MONTA VISTA 110- 8508 WILSON 110- 8509 PORTAL 570- 8510 CUPERTINO SPORTS CENTER 110- 8511 CREEKSIDE PARK 110- 8512 COMMUNITY HALL MAINTENANCE 110- 8513 TEEN CENTER BLDG MAINTENANCE 110- 8601 TRAFFIC ENGINEERING 110- 8602 TRAFFIC SIGNAL AND MAINTENANCE Total IT chargebacks Charges by Fund Type: Chargebacks to Enterprises Chargebacks to General Fund Chargebacks to Other Funds Charges by Purpose I.T. OPERATIONS I.T. CAPITAL PROJECTS 2011 -12 2012 -13 Increase/ Actual Proposed (Decrease) Note 1,800 11,000 9,200 6,400 6,600 200 0 6,300 6,300 0 5,500 5,500 0 4,900 4,900 0 2,100 2,100 0 3,400 3,400 0 1,300 1,300 0 500 500 0 4,100 4,100 0 1,700 1,700 225,700 181,300 (44,400) (G) 900 700 (200) 32,500 23,200 (9,300) 6,600 19,500 12,900 1,681,500 1,716,300 34,800 49,100 118,500 69,400 1,630,400 1,538,500 (91,900) 2,000 59,300 57,300 1,681,500 1,716,300 34,800 992,900 1,094,974 102,074 688,600 621,326 (67,274) 1,681,500 1,716,300 34,800 Notes: (Al) All 2011 -12 allocations based on hardware /software outlays; 2012 -13 based on personnel cost (A) 2011 -12 based on finance and HR system cost; 2012 -13 spread Citywide based on personnel and associated finance and HR system that supports them (B) 2011 -12 based on city records scanning system cost; 2012 -13 spread Citywide based on personnel and their usage of city archives (C) In 2011 -12 based on registration system that serves both enterprise and general programs (D) Direct I.T. purchases limited in past, now based on personnel and associated usage of the network for Citywide staff communications, information retrieval and sharing. (E) Building was primary user and incurred software costs for current permit system and E -Gov. Under new method, based on personnel cost and associated support as Planning integrates into new permit system. (F) GIS software formerly charged to Public Works admin. New method reflects Engineering, Planning, Building and other departments using it or indirectly benefitting from it. (G) Community Hall audio /video equipment formerly charged here. New method reflects all departments communicating at public meetings in the Hall. 152 Budget Public Hearing 2012 -13 Follow -Up Item 99 I.T. Department Expense Budgets and Chargebacks - Fiscal 11/12 and 12/13 Communications: Emergency Center website content FY 11 -12 FY 12 -13 6,000 Expense Charged Expense Charged Media streaming server software upgrade Budget Back Budget Back I.T. Operations Budget: salaries 544,583 564,874 materials /su pplies 68,100 57,100 professional services 380,200 473,000 Subtotal Operations 992,883 992,900 1,094,974 1,094,974 I.T. Capital Budget: depreciation 447,000 447,000 467,000 467,000 minor hardware /software acquisition & projects (itemized in Note B) 241,400 241,600 154,750 154,326 major hardware /software acquisition & projects that will be expensed and chargedback to departments over the next 3 -7 years through depreciation (Itemized in Note B) 205,600 211,000 Subtotal Capital 894,000 688,600 832,750 621,326 Total I.T. Budget 1,886,883 1,681,500 1,927,724 1,716,300 (Note B) Major and Minor Hardware /Software Acquisition and Projects: Virtual Server Project 205,100 New Permit System 91,485 Merchant payment card security audits and testing 99,600 Finance /HR system upgrade 20,000 GIS activity and mapping licenses 24,415 4,400 E- Services improvement 95,000 Microsoft licensing 75,000 Internet Services - Wide Area Network upgrade 50,000 Virtual Desktop Infrastructure implementation 40,000 Core Router Upgrades 35,000 Mobile Tablets 12,800 Mobile Device Management 5,000 Energy management system at Sports Center 6,000 Desktop publishing software at Senior Center 2,750 HVAC at Senior Center 1,300 Communications: Emergency Center website content 6,500 Digital media storage & retrieval upgrade 6,000 City Hall WiFi Upgrade 7,500 Other applications development 10,000 Media streaming server software upgrade 2,250 Digital messaging software 3,500 Digital video editing software 1,750 G: \Finance \Jenniferfiles \My Budget \FY2012 -13 \F1xed Assets Budget \ITchgbk icnarison.xlsxlT chgbk comparison.xlsx 6/12/201210:18 AM Budget Public Hearing 2012 -13 Follow -Up Item #9 I.T. Department Expense Budgets and Chargebacks - Fiscal 11/12 and 12/13 F=Y 11 -12 Expense Charged Budget Back Project software & other Application development software 6,600 Total I.T. Hardware /Software Acquistion & Projects 447,200 FY 12 -13 Expense Budget 1,000 365,750 Charged Back G:\F1nanceVenn1fer files\My Budget\FY2012- 13\F1xed Assets Budget\1Tchgbk co$5 ison.xlsx1T chgbk comparison,xlsx 6/12/201210:18 AM ITEM # ti t 155 :r_4v,n -4 11 Carol Atwood Subject: 1=W: Dept. Legal Budgets From: Teresa Zueger Sent: Tuesday, June 05, 2012 9:22 AM To: Amy Chan Cc: Carol Atwood; Carol Korade; 'Carol Korade' Subject: Dept. Legal Budgets Array, Here is the information received from the various departments in re: their legal services budgets. I understand these amounts will be transferred into 110 -1500 -7014 for this budget year. Public Works — none Communit Devela ment _ $15,000 —for housing related services including BMR, CDBG agreements and any nexus study questions — no RDA services in this estimate Human Resources - $100,000 (this year only— normally runs $30,000 - $35,000) Parks Rec --none Public & Environmental Affairs - $10,000 in the Technology Commission budget Thank you, Teresa Zueger Legal Services Manager City of Cupertino 20410 Town Center Ln Ste 210 Cupertino, CA 95014 (408) 777 -3405 156 ITEM # / 2- 157 OFFICE OF ADMINISTRATIVE SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3202 (408) 777 -3220 - FAX (408) 777 -3109 Date June 12, 2012 To Amy Chan, Interim City Manager From Carol Atwood, Director of Administrative Services Subject Council Follow Up Item 412 -- Mayor's Fund The Mayor's Fund was established several years back to be used for unanticipated requests that the Mayor, with the City Manager's concurrence, believed to be an appropriate City expenditure but not included in the adopted budget. The original amount of $10,000 was reduced over the past few years as many of our line items to deal with the recent recession. Budget and actual amounts were as follows for the past four years: Fiscal Year Budget Actual Expenditure FY 08109 $10,000 $7,851..35 FY 09110 $ 8,000 $4,385.82 FY 10111 $ 8,000 $4,331.46 FY 11112 $ 5,500 $ 600.00 For Fiscal Year 12113, this amount was proposed at $5,500 due to prior year usage. Given our current financial position, we are proposing to re- instate this line itern back to the original $10,000 funding level. This revision would require a budget change by the City Council to the proposed budget of $4,500. 158 Budgets rem 159 CITY COUNCIL AND COMMISSIONS CITY COUNCIL 1000 CITY COUNCIL COMMISSIONS 1031 TECHNOLOGY, INFORMATION & COMMUNICATIONS COMMISSION 1040 LIBRARY 1042 FINE ARTS 1050 PUBLIC SAFETY 1055 BICYCLE AND PEDESTRIAN 1060 PARKS AND RECREATION 1065 TEEN 1070 PLANNING 1075 HOUSING TOTAL Percentage of Change Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed 13,431 19,830 237,482 275,863 312,6790 251,378 237,482 275,863 312,679 251,378 22,124 19,280 24,243 24,425 2,756 2,934 6,554 13,431 19,830 32,608 33,633 29,129 (3) 5,147 5,246 26,200 11,200 (4) 0 83 200 200 10,689 10,325 11,718 12,107 14,315 14,218 16,283 17,145 98,727 97,126 97,491 107,888 Q 2,040 2,647 7,402 7,518 (6) 175,628 184,467 223,724 223,043 413,110 460,330 536,403 474,421 11.43% 16.53% - 11.56% (3) In 2010 -11 and 2011 -12, Euphrat Museum granted $14,500 and $15,000 . Flepeak ea_-L (Zj I3 #i4rOCId, (4) FY 11112 includes one -time $15,000 for AlertSCC and ongoing increased Sheriff services at Safety Fair /Fall Festival (from $5,000 to $11,000) (6) City staffing of commission W i tt, L12 a. r -hn a- > \�,ow Pbe4 I_a- uoeat0e. pr-&Ta_4-,n ye. Move acv" 160 ADMINISTRATION Expenditures by Division TOTAL 1 1,055,895 1,066,655 1,204,156 1,243,259 Percentage of Change 1.02% 12.89% 3.25% (D Will t 4 � �z c ue. - v t\e,ri re-rn p a►� o u-+ a-yv 'KDt,, �bsb ri rn� gin-, 5©10+ -, - rS7n -�. 67 161 2009 -10 Actual 2010 -11 Actual 2011 -12 Adopted 2012 -13 Proposed 1200 CITY MANAGER 341,703 353,889 416,679 394,7510 1201 COMMUNITY OUTREACH 70,496 84,971 88,974 123,5470 1300 CITY MANAGER DISCRETIONARY FUND 28,940 9,909 35,000 35,000 1500 LEGAL SERVICES 614,756 617,886 663,503 689,961 TOTAL 1 1,055,895 1,066,655 1,204,156 1,243,259 Percentage of Change 1.02% 12.89% 3.25% (D Will t 4 � �z c ue. - v t\e,ri re-rn p a►� o u-+ a-yv 'KDt,, �bsb ri rn� gin-, 5©10+ -, - rS7n -�. 67 161 LAW ENFORCEMENT Expenditures by Division TOTAL 1 8,384,310 8,434,886 8,979,762 9,097,344 Percentage of Change 0.60% 6.46% 1.31% Q Fq 2009 /EU aa1&. 2ZlD /11 a-re- C+ILZA �xrtOU S a y�-cA- r�e- I -e -t urea -s'' ex c� bc-ck- -� etgL � o -,�b r u,SAviS �! 68 162 200910 Actual 2010 -11 Actual 2011 -12 Adopted 2012 -13 Proposed 2100 LAW ENFORCEMENT 8,266,623 8,305,606 8,841,633 8,952,8160 2101 INTEROPERABILITY PROJECT 17,687 29,280 38,129 44,528 2401 COPS GRANT 100,000 100,000 100,000 100,000 TOTAL 1 8,384,310 8,434,886 8,979,762 9,097,344 Percentage of Change 0.60% 6.46% 1.31% Q Fq 2009 /EU aa1&. 2ZlD /11 a-re- C+ILZA �xrtOU S a y�-cA- r�e- I -e -t urea -s'' ex c� bc-ck- -� etgL � o -,�b r u,SAviS �! 68 162 Average Costs Per Citizen for Police Services and Percent of City Budget Allocated to Law Enforcement Services 1 City Population* Police Budget Average Cost Total City Budget Percent of C6ty per Citizen di UnincoTorated 89,960 ; Incorporated 1,691,682 Count�Total1,781642 Based on Santa Clara County Planning Office 2010 census information, ** Monte Sereno's contract for police services is for 80 hours per week only. The police budget noted above is the flat rate for 80 hours. * ** Casts include both police and fire. Sunnyvale combines police and fire services under one department, Note: With the exception of Monte Serena, all budget costs were obtained from city websites. The above information may not reflect full costs, since expenditures related to law enforcement may be budgeted under a separate funding source. For example, vehicle costs may be budgeted under Meet Operations rather than Police Services. The Sheriffs Office budget incorporates full costs associated with law enforcement services. 163 PUBLIC AND ENVIRONMENTAL AFFAIRS 3300 COMMUNITY RELATIONS 3400 CUPERTINO SCENE 3500 GOVERNMENT CHANNEL 3501 GOVERNMENT CHANNEL- SPCL PROJ 3502 PUBLIC ACCESS SUPPORT 3600 CITY WEB SITE 3700 ENVIRONMENTAL AFFAIRS TOTAL, Percentage of Change Expenditures by Division 2009 -10 2010 -11 201112 Actual Actual Adopted 2012 -13 291,152 315,534 274,045 280,565 122,789 118,601 122,866 128,360 605,030 627,067 725,306 542,616 75,384 76,321 78,226 84,143 55,277 52,097 59,000 55,000 185,010 185,837 225,335 203,852( 152,623 121,783 174,405 208,7960 1,487,265 1,497,240 1,659,183 1,503,332 0.67% 10.82% -9,39% re- &e-r�� i Yl t.c.r1tc�-t t�t7 i ` E C©m r -_,ct 69 164 ADMINISTRATIVE SERVICES Expenditures by Division EMERGENCY PREPAREDNESS 4400 EMERGENCY PREPAREDNESS 2009 -10 Actual 2010 -11 Actual 2011 -12 Adopted 2012 -13 Proposed ADMINISTRATIVE SERVICES 131,226 111,632 140,800 4000 ADMINISTRATION 378,339 379,489 401,1740 419,7280 4010 LEADERSHIP 95014 386 20,193 0 0 2Q 4040 LIBRARY SERVICE 120,000 246,513 371,000® 375,000 4050 NEIGHBORHOOD WATCH 34,999 38,510 44,000 44,100 4540 INSURANCE ADMINISTRATION 533,724 684,705 816,174 838,828 FINANCE 3,457,046 3,201,416 3,579,097 17,342,936 4100 ACCOUNTING 736,507 695,584 775,314® 701,205d>-� 4110 BUSINESS LICENSING 48,356 51,598 61,678 65,369 784,863 747,182 836,992 766,574 CITY CLERK 4300 CITY CLERK 490,254 456,345 477,740 440,60 4310 DUPLICATING AND MAIL SERVICE 110,721 134,420 155,796 151,911- 4330 ELECTIONS 135,231 5,290 175,500 2,100 736,206 596,055 809,036 594,613 EMERGENCY PREPAREDNESS 4400 EMERGENCY PREPAREDNESS 131,226 111,632 140,800 125,900 M4 131,226 111,632 140,800 125,900 HUMAN RESOURCES 4510 HUMAN RESOURCES /LITIGATION 514,253 538,111 727,803 804,485 4512 RETIREE MEDICAL LIABILITY 2,053,919 1,880,000 1,700,004 15,387,000 �O 7 4540 INSURANCE ADMINISTRATION 888,874 783,305 1,151,294 1,151,451 (aDl 3,457,046 3,201,416 3,579,097 17,342,936 CODE ENFORCEMENT 4700 CODE ENFORCEMENT 745,271 749,723 766,499 840,751 I Z: 745,271 749,723 766,499 840,751 bLk6ko - (1� 1 or 000) i -tD O-ZA E,+ u� �� eh�.�¢...c',y. � t � f 1 �. 1I�rA..�° -� -��. `t Yt,..�z. i ►� a��a -r� Q 165 INFORMATION TECHNOLOGY 4800 INFORMATION TECHNOLOGY 9800 EQUIPMENT ACQUISITION TOTAL Percentage of Change Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed 1,011,665 1,118,606 1,439,883 293,550 43,622a 447,000 1,305,215 1,162,279 1,886,883 7,693,551 7,252,992 8,835,481 -5.73% 21.82% 1,561,974 13. 365,750 1,927,724 22,437,326 8,965,3Zb ora 1.53.95% 961-0 Q cn.arcys -f�)>^ C N i o, ood) , Coy, -+ra(!-t serVi,ces CW9,600), b e� � �S,006� ah,L& J:T e.�c -fie bc� c ( th SD, 000) OLk-w— ate. to W-2-C . L ✓J �2 C�1.0 -�.� Goa. -. 4-o iPoui, -h es ho L c and �ea v�e are- p ri mar► cUkv-+D 07U --hrM 5 rates rlau ,Ue,� aj Ri r 6 and U/12 9L-vtd I rte- - 1'1�1� -r�s b�1 - f -�,� -a-v�s � -h � n 7btll 12 4- 211 �e s g�vca �d 7i -�h c.c.. t� VI u.Y.v11�.. ¢- rc� Q ! 3 Fy 11/ a z, dui.. 4--0 c4:&A a-y r-ec icLtt -&-n C76 0- c�-c�.c YYLQK,- ytv�.w T 1 C .-b kw4- pu +r ch C &� j c4;, l oI l 1 vi ere- c L-r ri erg eke 4-1 cp,-� E L11 z, -- m c . -Fo-ti 2 4 ear-$ = 4 7,f s, 3W7 PARKS AND RECREATION Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed PARKS AND RECREATION 6010 LEADERSHIP 95014 � 0 6100 ADMINISTRATION 338,957 FACILITIES/PARKSIBLACKBERRY FARM/ COMMUNITY EVENTS 6200 QUINLAN C.C., CULTURAL /SUPRVSN 6220 BLACKBERRY FARM PICNIC AREA 6230 COMMUNITY HALL 6248 CULTURAL PROGRAMS 6265 QUINLAN COMMUNITY CENTER YOUTH & TEEN PROGRAMS/ MC CLELLAN RANCH PARK 6300 YOUTH, TEEN, M.V. REC, CNTR/SUPVR 6342 YOUTH PROGRAMS 6343 TEEN PROGRAMS 6344 TEEN CENTER 6347 NATURE PROGRAMS 6349 RECREATION PROGRAMS SPORTS & FITNESS/BLACKBERRY FARM GOLF COURSE/MONTA VISTA RE C/ CREEKSIDE PARK BUILDING 6400 PHYSICAL RECREATION /SUPERVISION 6440 BLACKBERRY FARM GOLF COURSE 6445 CREEKSIDE PARK PROGRAMS 6449 RECREATION PROGRAMS 6450 CUPERTINO SPORTS CENTER 6460 MONTA VISTA RECREATION CENTER 0 19,300 367,984 369,886 338,957 367,984 389,186 562,461 690,183 34,704 168,131 363,491 1,81 8,970 274,305 27,469 5,925 74,817 87,467 1,193,740 1,663,723 560,741 665,485 35,578 171,128 359,004 1,791,936 313,847 24,125 1,824 58,612 122,152 577,984 578,308 38,127 193,714 369,384 1,757,517 319,616 33,192 3,574 65,257 120,750 1.281.493 1,527,024 1,823,882 268,579 295,779 457,169 457,065 3,092 2,443 660,908 718,190 1,267,740 1,469,800 3,557 3,452 2,661,045 2,946,729 277,627 500,693 5,883 935,104 1,489,493 7,383 3,216,183 21,041 391,067 Q 412,108 627,319 624,549 45,685 tp 196,876 299,323 y 1,793,752 3 5 0,3 79----o 37,637 2,940 56,598 132,826(yH? 1,401,200 1,981,580 304,284 8� 513,112 4,883 971,957 1,487,451 7,383 3,289,070 YlNl'S (�t2 Y�q l ©u t� S [ O e,) r a3 111 1 ALu--fo -T dhaki 67f6 r �L T-t�.aeiva- ci.As- --hD -R -L bt7k-') SENIOR CENTER PROGRAMS/ BLUE PHEASANT 6500 SENIOR ADULT PROGRAMS 6529 SENIOR CENTER CASE MANAGER 6549 SENIOR ADULT RECREATION 6660 BLUE PHEASANT RESTAURANT TOTAL Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed 573,779 562,769 81,406 91,073 443,895 473,651 1,547 7,824 1,100,627 1,13 5,317 570,209 85,520 597,323 11,000 1,264,052 550,054 92,774 721,013 11,000 1,374,841 7,583,322 7,768,990 8,450,820 8,851,351 Percentage of Change 2.45% 8.78% 4.74% �. IT -7 t:�) - Pe- ctQd occ -ec MOre CVa4 W � . alar, es o 4 i 0, n � b L5 ) - 0Lass C,.C- +? LZ �o Vt eua, e.n�-� y t e-v�. �- �a-F�' re-{� l ce.�k � � c.. �-� re.�� E�- nr��-�► op -uqV& x 4 I (4 5, 000) a�r�d _ �'. a_.�Q ccr�! -r��✓1 (-12,!5-00) - 73 168 COMMUNITY DEVELOPMENT ADMINISTRATION 7200 PLANNING ADMINISTRATION PLANNING/ECONOMIC DEVELOPMENT/ RDA SUCCESSOR AGENCY 73 01 CURRENT PLANNING 7302 MID AND LONG RANGE PLANNING 7304 SUCCESSOR AGENCY 7505 SUCCESSOR AGENCY - GENERAL FUND 7306 ECONOMIC DEVELOPMENT HOUSING SERVICES 7401 CDBG GENERAL ADMINISTRATION 7403 AFFORDABLE HOUSING 7404 PUBLIC SERVICE GRANTS 7405 BMR HOUSING 7406 HUMAN SERVICE GRANTS 7407 CDBG ARRA GRANTS BUILDING 7501 GENERAL BUILDING 7502 CONSTRUCTION PLAN CHECKING 7503 BUILDING CODE ENFORCEMENT TOTAL Percentage of Change Expenditures by Division 2009 -10 2010 -11 2011 -12 Aetual Actual Adopted 2012 -13 279,252 254,861 . 284,69�6) 291,999 279,252 254,861 284,699 291,999 748,599 800,486 993,3808 1,039,1210 249,920 214.,117 225,550 550,442Q 617,006 1,549,980 752,000 125,0000 0 0 0 125,000Q 196,830 200,072 323,985 239,807Q 1,812,355 2,764,655 2,294,915 2,079,370 79,192 118,538 90,701 62,931 48,388 477,524 236,152 65,000 59,201 46,835 54,497 42,560 245,912 184,416 440,790 284,144 49,207 35,565 41,000 41,000 6,750 78,606 0 0 488,650 941,484 863,140 495,635 676,581 747,139 957,518 771,848 259,664 343,751 493,912 522,0350 609,232 641,633 814,659 885,556 1,545,477 1,732,523 2,266,089 QJ 2,179,439 4,125,734 5,693,523 5,708,843 5,046,443 38.00% 0.27% - 11.60% 1 NCRF -AS•E PQ -PR03eC --5 - COYAmektNt- -A,-u CC'A -Qt5&V (CF-6*) ,BLD6 Ile_- , "V--PA �3 r-, PLee--Ts /211 RD�3ram tY1COfY1?--. tC,a cp, IT- WAZZOes VU r-- -T0 P-Iti,-P,-m A--r�ry scF-rwAF-p- ?P-0g ram rx�c . r a rl t I k) a k -,,• 16,we R, I T cha r (-S 100-,5 e On neW rY- U2-JA0 ,A •fi �, Del GD Wt C -� B ' cA-VW e ' -D, -D Lam. Tm P,C -n v t 7-y - 1 Na m �-� , ctu 9 �q s�r.� . I m r- 2.I;'} 5 1 -5, ->Lx ✓, -rD A$Sc p, P-T-L 0 ►V 0 F p.Dpk -m r"' i F, . PUBLIC WORKS Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 ActllnI Acf-nal Arinnti-A Prnrnnaa.rl ADMINISTRATION 8001 PUBLIC WORKS ADMINISTRATION 518,704 8005 ENVIRONMENTAL MANAGEMENT 156,270 ENVIRONMENTAL, PROGRAMS 8003 RESOURCE RECOVERY 8004 NON POINT SOURCE ENGINEERING SERVICES 8101 ENGINEERING DESIGN 8102 INSPECTION SERVICE SERVICE CENTER 8201 ADMINISTRATION GROUNDS 8302 MCCLELLAN RANCH PARK- 8303 MEMORIAL PARK 8312 SCHOOL SITE MAINTENANCE 8314 NEIGHBORHOOD PARIS 8315 SPORTS FIELD JOLLYMAN /CREEKSIDE 8321 CIVIC CENTER MAINTENANCE 674,974 463,684 124,173 587,857 548;931 598,6310 120,536 106,541 669,467 705,172 2,018,147 1,801,599 1,277,621 390,637 394,680 556,802 2,408,784 2,196,279 1,834,423 2,044,908 448,588 2,493,496 988,894 938,026 1,078,197 1,162,260 146,502 146,924 152,675 164,114 1,135,396 1,084,950 1,230,872 1,326,374 818,980 856,865 868,097 774,223 818,980 856,865 868,097 774,223 52,548 55,310 56,963 62,332 479,475 521,514 544,439 790,802 Q 507,849 521,163 574,398 588,933 976,926 1,120,609 1,227,724 1,487,674 389,111 418,348 472,170 505,229 144,211 150,841 15 8, 808 165,725 2,550,120 2,787,785 3,034,502 3,600,695 64 to, pp-rr ,k) ; 49 � k" 4D Lab 'zsk� mba.acP 9 -aze)�)v ( � a �-� l�7crL spy 0or Vo. caAc-tj 170 STREET AND FLEET 8401 STORM DRAIN MAINTENANCE 8402 STREET CLEANING 8403 SIDEWALK CURB AND GUTTER 8404 STREET PAVEMENT MAINTENANCE 8405 STREET SIGNS MARKINGS 8406 GRAFFITI REMOVAL 8830 STREET LIGHTING 8840 EQUIPMENT MAINTENANCE 8850 SERVICE CENTER OPERATIONS TREES AND RIGHT OF WAY 8407 OVERPASSES AND MEDIANS 8408 STREET TREE MAINTENANCE 8409 ELMWOOD PROGRAM FACILITIES 8501 BUILDING MAINTENANCE CITY HALL 8502 LIBRARY 8503 SERVICE CENTER 8504 QUINLAN COMMUNITY CENTER 8505 SENIOR CENTER 8506 MC CLELLAN RANCH 8507 MONTA VISTA 8508 WILSON 8509 PORTAL 8510 CUPERTINO SPORTS CENTER 8511 CREEKSIDE PARK 8512 COMMUNITY HALL MAINTENANCE 8513 TEEN CENTER BLDG MAINTENANCE 8516 BLACKBERRY FARM MAINTENANCE Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed 138,363 16,663 39,000 195,976n 67,968 131,157 91,875 91,606 121,511 129,498 125,020 95,578 134,230 132,905 260,453 446,367 (5) 430,492 343,455 430,271 515,925 41,969 42,885 51,092 27,757 483,209 479,082 315,514 247,926 935,858 959,602 972,288 960,231 0 121,263 138,567 113,366 2,353,600 2,356,510 2,424,080 2,694,732 889,262 1,094,284 1,164,504 1,088,679 723,283 786,365 745,050 1,063,520 290,342 284,432 238,648 391,854 1,902,887 2,165,081 2,148,202 2,544,053 467,430 426,835 478,338 461,939 241,371 244,095 290,329 282,994 312,621 277,231 327,046 316,930 350,693 342,521 392,451 376,826 187,317 191,536 190,320 260,914 79,429 64,491 81,022 94,923 104,320 139,885 133,357 141,815 29,117 39,644 39,277 38,812 29,346 20,497 29,048 23,401 231,098 246,942 331,807 297,435 64,292 46,109 51,273 46,413 175,777 191,881 403,159 345,419 21,238 10,004 25,886 30,760 0 0 77,980 78,000 (4) 2,294,049 2,24I,671 2,851,293 2,796,581 (5) Increased minor emergency pavement repairs separate from scheduled pavement resurfacing and rehab projects in CIP (4) Includes Blackberry Farm (BBF) maintenance after its reopening, Re el 4 [ 30 K q , l.�-F' o `tom i t,Yvt, Ar &x, -a,d � l61c =uL1s� �, Cols So TW C e S New r--4SLUl Prri0' � STI?l✓ET I R_EP. 7N11eO 7-0 9-y a-` r j71- Expenditures by Division TRANSPORTATION 2009 -10 Actual 2010 -11 Actual 2011 -12 Adopted 2012 -13 Proposed 8601 TRAFFIC ENGINEERING 375,872 309,118 491,591 459,379 8602 TRAFFIC SIGNAL AND MAINTENANCE 562,368 564,337 609,114 590,278 8603 SCHOOL, TRAFFIC IMPROVEMENTS 0 10,159 0 0 938,240 883,614 1,100,705 1,049,657 FIXED ASSETS ACQUISITION 9820 FIXED ASSETS ACQUISITION TOTAL Percentage of Change 29,375 192,000 735,000 29,375 192,000 735;000 393,000 (2) 393,000 15,106,405 15,352,612 16,896,641 18,377,983 1.63% 10.06% 8.77% (2) Major fluctuations in fixed asset fleet replacement. Replacement of vehicles deferred to 201112 and 2012 -13. 1 g APT. gu e-�' I i�.uedi. "A +c)+A<L au2r --b re Up ems' p a r-k 2oi! 12. "2ol2,1 13 --`( I,9CEO �� Ge-b4, -1 C)Q [C) M lJl lG�'l�l ZO+�7S 1 N FtK� D f'sSS T V LAX- ]> L - Vh T . '11'wt c-l..e S fie. R.P-P [AC-D A-S lgee.Deb U-� a T p -,70[241-2, �5eA y-,� cS h-ighe-r +hA.►�. Ror-yn l rJGw� a eM F� IF-uu.. of a5 r- MAO N ( gl.p�eK�et�R`k Fes) cc iN C puk6F Q,� Cp-) 1 IN 7� 72 �,.g9 ��f ;r Tb t.. t3uu6e7 1 �, P-"U\-Ce4AetJT FUND cc) �Pc3�►Q T'PrR -K T14 V' MAa.N.T . F 30a 60 0. - - mehltbY -ta-Q. t J .P>.mt- - a 03. -9 915 173 NON - DEPARTMENTAL INTERFUND TRANSFERS 0100 TRANSFERS OUT GENERAL FUND STORM DRAIN IMPROVEMENT PARK DEDICATION REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT CAPITAL RESERVES STEVENS CREEK CORRIDOR PARK EQUIPMENT RECREATION PROGRAMS INFORMATION TECHNOLOGY DEBT SERVICE 5301 PUBLIC FACILITIES CORPORATION 5306 TRAFFIC IMPACT TOTAL Percentage of Change Expenditures by Division 2009 -10 2010 -11 2011 -12 2012 -13 Actual Actual Adopted Proposed 9,854,885 8,364,283 6,430,800 26,485,000 60,000 0 0 0 200,000 0 0 650,000 ?� 480,000 1,315,000 0 0 487,015 1,498,814 0 0 0 975,000 1,152,820 1,382,0000 0 297,000 0 0 504,000 , 0 0 0 0 600,000 207,000 0 0 0 30,000 0 11,585,900 13,050,097 7,820,620 28,517,000 3,536,264 3,532,464 3,535,144 3,181,4220 34,800 36,838 0 0 3,571,064 3,569,302 3,535,144 3,181,422 15,156,964 16,619,399 11,355,764 31,698,422 9.65% - 31.67% 179.14% cz -t0 mod, n LLm erctts Cl P prl�ecfs . — T—R-A- okjs -P- --�o -F c 5, , eP 5, 060 ,000 1 `5U, 000 (w" C 50-D r- o � Xlk 2- &, qys, 0 0 0 ITEM # J � 175 H IWWcG 7� N N W H PR H � w' W P P, a N Q } H H iH1 W N P \ w 0 H II OI H � O OU 914 O �Nm Frx rl H' H W �NN Ua U \ N z z lO 0 O H PH H �Hi zj U P W W W W O AH V)r� H 1� W V O H H W a U O w a W W f � �,, I a) {sN'O 6 N W 6'y z o E� qH z W M ��r En CO a W N 000 �Lo m H� M E+� WO` \ H rl f H V UCW7\ El V UC7 UC7 CW7 a H PQ {jYSj►f V� W O W O r W O E O GR m zww zwa zw zzw R RW�W W V)� RA 0 [7 cNn [7 V 0 [9 w H °aw r. 0 O w El wa a o o a s a a o a o Q O O O O O Q Q Q O u1 0 0 W o a z o E� qH z W M ��r U l I W N 000 W 4 4 P O o C9 O O ui in o 141 'p O N N m M 0 0 m N 00 a 00 O O O O r C . 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W H W ID o H H mrkD- W «n H w kD 0 Cu kl 1po W W t+l W pl 0O N E+ M IdVV DI El El uaa 0o0 0 0 0 Mm m r+, ,n In HH N (N nn a� w W ID 0 0 0 0 o N N o N m Ln W m O d0 d0 O r N W m N N kO kO H U) r•1 m IP M M m O W a m M M M m V1 111 W7 n I cp H N N N rl W rl M ,O d o b o 0 0 0 0 0 0 0 o a o o a o 0 JA Haaa O W �-I U � H H W7 aUU W o P4 P4 U HOO �ul �1c 8 3 EA ID r+, run El o m 0 o N N N r-I N M c"i r�W' co" E rC H C13I v m N to A m U) w w UM 14l lD 01 U [n H LLa 00 U W W u W H U N N Z W ID r, m rU O I u 00 El W H W O o o q p W U] 0 0 F4 �zC W P4 Ul ri rl jzj �U1 ,7-i r-i N Irl I.r} m m .-I w ` F I O O H MinimHN z W A m W HN In N 04 w H N rlNNriNa WmmI-� Ff rn wwmmmm mmI a 0 0 0 0 0 0 o pE,' p m \\ H \\ \\ \\\ E E a H Hm0 rldl r r- 'T H w O W E N W 'n a� nmH HN MAO l m 0 0 a 0 0 H H O O D H H o O ITEM # Im 2012 -2013 BUDGET STUDY SESSION FOLLOW -UP RIM 11, 2012 Item. # 14 Possible Storm Drain Cost Reductions Resulting from Plastic Bag Bans A 2011 -2012 storm drain categorization study was recently concluded in Bay Area cities regulated by the Municipal Regional Permit (MRP) in 2011 -2012. The study reported that material found in storm drain catch basins consisted of 17% trash and of 83% other debris. Trash subset includes: Other plastics (51 %), paper (20 %), miscellaneous (10 %), plastic bags (8 %), Styrofoam (6 %), recyclable beverage containers (4 %) and metal (1 %). Debris subset includes: Rocks, leaves, mud, sand and gravel. Annual storm drain maintenance is performed to remove trash and debris. It is highly unlikely we will be able to reduce existing storm drain maintenance costs by passing the bans as we will need to continue to clean storm drain inlets annually to remove leaves, rocks, mud and other litter. However, if the City does not pass a plastic bag ban (for 12% of its State - required litter reduction credit) and a Styrofoam ban (for 6% credit), additional costs and activities will be required of the City to meet its 40% litter reduction requirement by 2014 and 70% reduction requirement by 2017. In this respect, the bans will lower the City's future costs related to maintenance by the equivalent of 18 percentage credits worth of additional required maintenance activities. These activities may include additional storm drain inlet cleaning, street sweeping, installation of retractable inlet screens, the purchase and maintenance more of public trash/recycling bins and possibly more costly maintenance activities to achieve the required litter reduction. There is a City Council Study Session proposed for August 7, 2012 to provide more information and discussion regarding the Litter Reduction Plan. Prepared by: Timm Borden, Director of Public Works Department 3 181 Event 1 7% 13% 21°/6 54'% Event 3 DRAFT BASMAA Trash Generation Rate Development (2011-12) Types of Trash Characterized (by Volume) 6 %. ATTACHMENT A Z -- ...,Z Overall (4 Events) Recyclable B,averat3,L %Containers(CRV- labels. >dI N PhisticGrocc,ry Bags Styrofoam Food and Beverage Warta im Other Plastic Paper ER Metal Miscellaneous raw 20% 10% 4% 41l 4. Event 4 a d � 11% S5 ti 182 1 Trash Types:(gallons) 3rash &, % St rofoam y Event : Single, Food & Other Trash Debris - Debris, Trash OrN. Use =: Beverage Plastic ": Pa er p ::: Metal Misc Total Total Bags .: Ware -.. 1 17.8 10.2 8.1 75.7 16.9 0.8 9.8 139.2 484.9 624.1 22% 2 10.2 30.1 27.0 1 1665 88.4 21 33.5 357.8 987.7 1345.6 27% 3 6.3 24.2 113 138,2 56.0 20 28.0 266.0 2114.8 2380.9 11% 4 5.5 12.2 11.0 88.7 18.5 1.3 24.6 161.8 1012.6 1174,4 14% 'total 39.8 76.7 57.3 469.1 179.8 6.2 95.9 924.8 4600.1 5524.9 171A 182 1 DRAFT BASMAA Trash Generation Rate Development (2012-12) Number of Sites Characterized During Each Event Land Use Event I Event 2 Event 3 Event4 Retail and Wholesale 29 53 58 55 Commercial and Services 4 10 15 14 High Density Residential 11 28 27 28 Low Density Residential* 7 18 18 17 Light and Other Industrial 7 9 8 10 K-12 Schools 4 9 10 Mixed 0 Total 69 9 152 * Low Density Residential includes Total Trash and Debris Volume (Ga| dzadbV Eve ai 6W..eight t0g, Characterized by Event ^° Event i' JV Trash Wef#,h' Trash Volume 167 199 183 159 �43 al Weight ai 6W..eight t0g, Characterized by Event ^° 183 Event i' Trash Wef#,h' 167 199 183 222 al Weight 183 ITEM # 16 :- 2012 -2013 BUDGET STUDY SESSION FOLLOW -UP June 11, 2012 Item # 15 History & Recommendation. re: Snorts Center Fence The City has operated the Sports Center at Stevens Creek Blvd. and Stelling Road since 1990. Prior to this time, the facility had been independently operated as the "De Anza Racquet Club." When originally acquired by the City, the northerly property boundary of the site was bounded by a pre -cast masonry wall. "The Commons" development is immediately north and shares the masonry wall of the Sports Center property. Approximately 200' of the wall nearest to Anton Way has significant cracking and is leaning towards tennis courts lb, 17 & 18. The wall is approximately 12' high at this location. The wall was visually reviewed by a structural engineer in December 2010 and determined to have failed structurally. The cause of the failure is likely due to stresses received from soil placed against the wall from the "The Commons" side. Staff has observed that up to 4' of soil has been placed against the back side of the shared wall. The wall was likely not designed to resist the forces caused by the soil. A temporary fence running 12' parallel to the failed wall has been in place since early 2011 to allow for a "safe zone" in the event the wall should fall. The tennis courts affected by the temporary fence are in use. Review of original design requirements, as -built conditions and subsequent changes are in progress to determine who is responsible for the wall and the scope of improvements needed to correct the structural deficiencies. Depending on what is determined, staff will either require action by "The Commons" or recommend that the City complete the improvements. As a contingency, the proposed li Y13/14 Capitol Improvement Budget includes $250,000 for these improvements. Until there is a complete study of the existing conditions and determination of responsibility, it is not known if additional funds will be needed. Prepared by� Timm Borden, Director of Public Works Department 4 185 y Old fal 11 3. M1 TI o 00 Jr iii A- it }- r I � � 111 ._.,��.,,.•t� i t1 "I f " O �...... KK. .. �_ s'......r sr � war t� 1a•, iC�Afi`f 0.0 Wka , C) > o oc cp �EX rn �n M M z -0 ..- z z M r Z C) Fn N T > . >> z �-z >0 00- b� zo z0 rna c 0> 0 . C-0 C rn h:o to z CP 4 )> c Cf) 0 0 M M M 7� cz r- .M cn M 0 0 0 r'o 0 t ftw . . . . . . tj 00 X .'Vao OD cr CD 14 Al°b_6'.Y. � ....'�,. s ..... ......... . .. __ ITEM #_ l 190 CUPERTINO Date: June 8, 2012 DEPARTMENT OF PARKS & RECREATION CITY HAM, 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3268 • FAX: (408) 777 -3366 To: Mayor and City Council From: Mark Linder, Director Re: Information on the partnerships with Cupertino Union School District and the Fremont Union High School District INFORMATION MEMORANDUM During the May 30, 2012 Budget Study Session, Council requested information on the fiscal aspects of the Cupertino's partnership with the two local school districts, Cupertino Union School District (CUSD), the Fremont Union High School District (FUHSD), De Anza College. This report will present the partnership programs with each District and De Anza including Cupertino's costs and revenues gained. The total funds provided to these three educational entities in FY 2011/2012 is $1,478,365. The total revenues received by Cupertino as a result of the schools partnership is $677,920. The net to the schools is $800,445. A breakdown by school district and De Anza follows. CUSD • Sports Fields — In exchange for providing maintenance of 8 school sports fields, Cupertino Parks and Recreation manages these fields after 4 pm on weekdays and on Saturdays. Over the summer, the department manages the fields beginning at 9 a.m. during the week and on Saturdays. Each organization that has a permit can use the field on Sundays 2 times a year. All 8 fields are fully booked with some organizations turned away. Sports Field Maintenance = $574,398 in FY 2011/2012 Capital projects= 0 for the coming year. $175,000 for Sports Field Asphalt in 2011112 at Faria, Kennedy, and Garden Gate Revenue received from permitting the use of the fields — $131,967 • School Resource Officers -- These two sworn deputies help schools remain safe and offer youth assistance as needed. Some of the special programs include "Every 15 Minutes" (education on driving under the influence) , "Sober Graduation ", Youth Court, Teen Academy, and Truancy abatement. Total cost for CUSD = $189,500 Funding from COP grant — $50,000 191 Funding from CUSD = $10,000 Funding from Cupertino General Fund = $129,500 • Linda Rios — Linda is a former juvenile probation officer who works with at risk youth. She has a contract with CUSD. Total cost = $94,000 Funding from CUSD = $47,000 Funding from Cupertino General Fund = $47,000 • Afterschool Enrichment — Cupertino Parks and Recreation offers afterschool enrichment programs at CUSD school sites. School rental fees = $1451 Revenue received by Parks and Recreation = $152,042 • Noon -time Recreation Programs at elementary and middle school sites Staff costs of $34,475 are covered by the City General Fund • Crossing Guards — Cupertino provides crossing guards at middle and elementary school sites selected by CUSD Crossing Guard costs — $119,000 • Rental of Kennedy Gym for adult basketball program Rental fee = $219. Revenue = $2,391 • Permit for use of Sedgwick and Hyde as viewing areas for 4`1' of July fireworks is $5 per school site or $10 • Free creek side education program for all third graders. Cupertino Parks and Recreation provides this program at McCleIan. City provides for the buses that bring the students to McClellan. Estimated cost = $2,000. Half is paid from the Cupertino stormwater program and half from the General Fund • Sheriff's costs for assisting with traffic congestion in the tri-school area = $3,34.39 • Walk One Week The Teen Commission organizes and leads a Walk One Week (WOW) program to encourage students to walk, bike, or car pool to school. Total cost = $1873. • CUSD rents Quinlan for various programs Rental fees = $2,565 • Participates in Leadership 95014 = $1,000 and a participant in Education Day Total ongoing funds Cupertino provides to C1199D =8969,916 Total one time = $175,000 Total revenues Cupertino receives through partnership with CUSD = $289,965 FUHSD • Summer School Program --- Cupertino Parks and Recreation offers a summer school program for high school students. The Department contracts with FUHSD for the teachers and the classrooms. Revenue = $108,110 Amount paid to FUI -ISD = $97,299 • School Resource Officers Total cost for FUHSD = $189,500 COP grant — $50,000 FUHSD share = $10,000 Cupertino General Fund = $129,500 Summer Aquatics -- Cupertino Parks and Recreation provides a swim lesson program over the summer at Cupertino High School Revenues = $141,800 Rental fee � $22,455 • Basketball and Volleyball Summer Camps Cupertino Parks and Recreation rents the field house at Cupertino Iligh School for these summer camps. Revenues = $37,531 Rent � $5,990 • Additional crossing guards at tri- schoot area. FUHSD and the City agreed to add crossing guards at two additional sites around the tri- school area. The costs are shared. Total cost = $19,756 Funding fiom FUHSD = $9,878 • 4"' of July — Cupertino Parks and Recreation rents Cupertino High School field as the launch site for the annual fireworks show. Permit fee and extra school staff = $870 Facility rental FUHSD rents Quinlan for AP testing and other activities. Rental fees = $9,320 • Participates in Leadership 95014 = $1,000, a planning committee member, and an active participant with Education Day 193 Total ongoing funds Cupertino provides to FUHSD = $265,992 Total revenues Cupertino receives from FUHSD partnership = $307,639 De Anza College • Leadership & Learning Partnership with De Anza's Institute for Community and Civic Engagement -- This program between students and block leaders does not involve any City funds. • Euphrat Museum -- City support of the Museurn in FY 2011 -2012 = $11,000 • Eupbrat Museum — Cupertino Parks and Recreation contracts with Euphrat for the provision of arts classes Total Revenues received = $80,316 Total paid to De Anza = $56,457 • De Anza is a part of Leadership 95014 Education Day. • Asian Pacific American Leadership Institute ( APALI) — Cupertino City Manager and Department heads meet spend several hours each year with APALI participants. There are no general funds involved with this program. Total ongoing funds Cupertino provides to De Anza = $56, 457 One time funds = $11,000 Total revenues Cupertino receives through partnership with De Anza = $80,316 Other • City funding of additional Library hours = $375,000 • Five Cupertino schools rented Blackberry Farm Park for school events in 2011 for a total revenue of $9,382 • Six Cupertino schools are renting Blackberry Farm Park for school events in 2012 for a total revenue of $11,327 194 ITEM # __r 1 2_,_...._._ r._.r_ 195 coo H � 4 b 4 4 4 V1 b L(1 4 lf} 4 lfl l<1 LIl 111 O o o N m o m m M d' d' M r h w O LIl N l9 M H M N r N rl r w 0 p; \D M tiD m ul d' W <M d' Irl N d' N U7 � H W H [h U WH o 0 0 o a o 0 0 0 0 0 0 0 0 4 0 o O o 0 0 0 o O o 0 0 0 0 M W Q Ln 9� q I r* I io Q �} E M w Cl) w w E law M f7 m a w a mm a U V U U U V U UU w� N H U O H N H N rl O Y p; p; y, 4 0 H N N r U W rl N ri N 1-1 N N -1 \ Dl \ \ a1 rq N 0 N o 0 N G M m E-I \ M \ m \ MM \ m \ \ H C) w \ o \ w \ \ w W '1 rl 7y w O m I I I I I d' qq I N E M 1 I NH o f m I I C, [i N O I N O I H I O I OHH N I Q Hr Hm (FEE 0 Ho 0 NHM NH N H N.-1MH Nr-1n I a ,�o.�oC7HUH H C, IH\H,i,1\o,- io\oHO, -io\o H H' I \ I\ I I yH 1 I H I\ f H I\ I H I\ I\ I rl I H W H H U N N N d' \ N H d' \ H H\ m H� r-I M\ N U U \U P \��r\ 4 I -{ h H hhH hl�l� H �I �i 0 EH z rn H H r� x a W E-' d' V' cD �H W w n rl O O H H ri H H H H fU7 W n O O N N Ci n u 0 0 u 0 a b 0 O 0 0 O 0 4 0 H r r kD w r r r r r r h r- a I p I E I I I I I I I I I rN W H m m N N m m rn m rn m m m w 0 O w q U d' a' .41 N dl d' cH cM cN O \ W m M M O 0 M M m (q 1 In M M M to M F ul f7 H H H 0 1.0 W w W W 0 F P H N p n o 0 c 0 f� m rl o r-i u 0 u 0 a n o m 0 4 m 4 0 m 0 m m m m DO m m G 7a n a fn In �t rl m fn u, 1n u, In i-n �n ui In m 0 fy O H H ri ri H rl H N N N N N N H .-I H H H H H H m\N\[- s\.- I \m\N\H \o\r \m\lo\r-{ �Q761N hHrriNmOOI W NNMLf1 r 1D f�1 Cr CO rHN m H C,4 w N UW d' d' H ",Ono O4Oo Ifsr -,otoNN N N N M 10 010111 In J•I (� ,." 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Pp W o o O o N O O O O O O o 0 0 O W FC W H ai m rn m :iv m m m m m m m m m m O a Q U dt dt w w w w d. d. w w w w w w w o \W M M M M o M M M M M M m M M M >H [ In Q t4 tD �V W H to W 0 �V W is w W �D W H -O N O o 0 0 0 0 0 a 0 0 0 0 0 0 0 0 H.P m W M m H m m m m m m m m m 0 U z a w a Ln In In w H m 4 w m w Ln w to 0 to 8 o a a a 0 a a li H H H r-I H I-i 'dl H W \W \UT \M 0HN \0'1m -I t \n \N \ri \(q \ OMtn r NM N 0) c 0 L N 4- "1 v) 10 al m OW con cph Q1 U W M HrN -m NW N4 Hr N Mow H Nor1 o al oNN�+A 'J rl - M \M \di \.4,'-m \In-- 10 \tD \r \I- -I'- \m\ FC w Wm IRO wO 0 NNN Ln N mNulw m w m I.11 m Ln tines (� wa wcm wH w ol0 "1w Hwaw a to a to C) w o to a w0 U a W 0 a m ,\ PNzaza� za�4aza4 azazazazaza�4Pt Id rl N w u U m N W r r n r n r n n r n r n r r m U m o omomo omo oom,�o, -I m,�oH m,A va� -10 H H io r torlkD HwHr -I0Hr I0Hh,toHw w O ul Nmul w ul rt mm" NON rl v7�N mtn d� v}m tll m tf7w u7 0 w O0 0(N ON NOOON 00 Qrl O NC3ObOaN� ri O H ri riT.t Z a o momo0 OON O Na N aN O Ma aln d M w 000ori0 HnH O HO O oO O 00440000 40 W 4- 1 N U t H F4 W N f+i W Pc W f4 N W RI [=a Ga Lu W 0 Q Q 0 Q Q 0 a Q O 0 Q 0 Q Q 0 N H H FI rl N H I HOH r =i w w w w pq o0 o O H H H u Fi �4 �-t n o 0 o a o 0 0 0 0 0 0 0 0 o ff E+ I a H Ri m N Lit m to m m m m m m m m m m O O � 1 H Co I N N N N N N N N N N N N N N N H H I ti r ITEM # [a CUPERTINO OFFICE OF ADMINISTRATIVE SERVICES CITY WALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3202 (408) 777 -3220 • FAX (408) 777 -3109 Date June 12, 2012 To Amy Chan, Interim City Manager From Carol Atwood, Director of Administrative Services Subject Council Follow Up Item # 18 — Fire Services During the budget study session, City Council asked for staff to provide information on the Santa Clara County Fire Department including the history, revenue structure and current issues facing our departments. History of the Fire Department See attached Department Information sheet which includes services provided. The City has utilized County Fire since 1947. Funding Source -- County Fire receives 15.2 cents per dollar of property tax. This rate was frozen under Proposition 13 and equates to roughly $20 million in funding from Cupertino per year. In comparison, this represents 29% of the SCC Fire budget while Cupertino comprises 24% of the total residents served and 12% of the total square miles served. Services -- In addition to fire prevention and emergency medical services, two key functions provided by County Fire include building inspection for fire /safety issues and emergency preparedness. The Community Development Department has been working with Fire personnel to increase their inspection activities given the increase in construction in Cupertino. Administrative Services has been working with the Fire Chief to transition our disaster preparedness coordination from Marsha Hovey to Miguel Grey, Several memos /letters are attached which document our concerns regarding the disaster preparedness area, 199 Department Information Established in 1947, the Santa Clara County Fire Department provides ISO Class 2/5 services for Santa Clara County, California (light green in the map below) and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Serene, Morgan Hill, and Saratoga. The department also provides protection for the unincorporated areas adjacent to those cities. The department's area of coverage is shown in dark green in the map below. Wrapping in a 40 mile (64km) arc around the southern end of "Silicon Valley ", the Santa Clara County Fire Department has grown to include 17 fire stations, an administrative headquarters, a maintenance facility, five other support facilities, 21 pieces of apparatus and 4 command vehicles, to cover 114.5 square miles (297 square km) and a population of over 252,000. The department employs over 306 fire prevention, suppression, investigation, administration, and maintenance personnel; daily emergency response consists of 71 employees. The department's suppression force is also augmented by approximately 30 volunteer firefighters. Ea The Department's Annual Report is available for download on the US Forms page. .http://www.sccfd,org/dept—information.htrnI 200 6/12/2012 Services Fire prevention services were limited to land development and company inspection programs prior to 1979. The Department started the Fire Prevention Division in 1979 and took on the management roil for the Santa Clara County Fire Marshal's Office in 1987. Emergency Medical Services are described on the EMS page. The Department advocates regional fire services. Hazardous materials regulation and response is a prime example of sharing scarce resources between multiple jurisdictions. The California State Department of Health Services helped fund training and equipping the Department's Hazardous Materials Team for a regional emergency response roll in 1985. Public education programs provide opportunity to educate and involve citizens and school children in a fire safe community. The Department's program is staffed with a full -time Public Education Officer and supported by personnel trained as part of a "Speakers Bureau." The Department is one of the few fire agencies in the Bay Area to staff a full time fire investigator position augmented by on -call personnel, Investigation of fires provides important information on the cause and origin of the local fire problem. The Fire Chief of the Santa Clara County Fire Department has traditionally served as the Local Mutual Aid Fire and Rescue Coordinator. This position has become increasingly pivotal in promoting and coordinating local government fire resources. Staffing levels, equipment, and water supplies have improved dramatically over the past decade, resulting in an improved ISO rating. In most communities served by the Department, business owners and residents enjoy a Class 2/5 (40% Suburban area with an ISO rating of 2, and 60% Wildland Urban Interface wih an ISO rating of 5) fire insurance rating that was awarded in 1996. (click name For biography) Kenneth R. Kehmna, Fire Chief Steve F. Staumn, Assistant Fire Chief Dirk J. Mattern, Deputy Chief Fire Prevention Division John Justice, Deputy Chief Support Services Division Donald F. Jarvis, Deputy Chief Operations Division Steve Prziborowski, Deputy Chief Training Division Fred A. Schulenburn, Director of Business Services http: / /www.seefd.org /dept inforination1trnl 201 6/12/2012 CUPERTINO March 21, 2012 Ken Kehrmla Santa Clara County Fire 14700 Winchester Boulevard Los Gatos, CA 95032 Dear Ken: DEPARTMENT OF ADMINISTRATIVE SERVICES CITY HALL. 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 • FAX: (408) 777 -3366 Thanks for meeting the other day regarding the City of Cupertino's disaster preparedness program. Based on our discussions, we agree that a regional program will best serve our communities in the long term. Our city's current problem, however, is short term and still not resolved. Two years after Marsha Hovey's retirement, staffing from the District is still not in place to continue our existing programs. These programs have been provided by District staff to our community over the past 16 years, and our mutual constituents have come to expect and rely on them. As stated on several occasions, our program is unraveling at the seams. Amer 24 months, and watching our volunteers leave and our programs suffer, we cannot wait any longer. Initially, it was our understanding that the District had not staffed the Disaster Preparedness Division due to budget issues. We therefore took the liberty of identifying new revenue to resolve that issue. As we discussed last week, the Fire District will receive a substantial amount of fiends from our City in both one -time and on -going revenue. With the dissolution of our RDA, the District will receive an estimated $139,000 from our RDA balances on hand In addition, you will start to receive on -going revenue of $$0,000 per year. The second source of revenue is from our current Apple Campus 2 project. Once built, we estimate that the District's increase in property taxes from this campus alone will result in an additional $661,000 per year. As discussed with Dave Knapp, the City is proposing that the District provide us approximately $160,000 per year (to cover the salary and benefits of the prior position) to immediately recruit, and pay for, a replacement for Ms. Hovey that is fully dedicated to our programs. This position will report to Miguel, with a dotted line to me, and will continue to provide the services as previously identified in our service matrix (see attached). As projects are completed for our community, we will share those documents or products with your staff so that they can be used in other jurisdictions, Under this scenario, the City can maintain our former programs and ensure new products are implemented in a timely manner. Please reconsider this proposal now in light of the recent revenue additions that will be forthcoming. 202 Ken Kehrnna March 21, 2012 Page 2 I propose that we utilize our next meeting to finalize the above proposal unless you have other immediate solutions to our dilemma. We have tried working with existing staffing levels, and directly contracted for additional services, without success. At this point, we believe that this is the only viable way to reinstate our programs at this time. Thank you again for meeting with me and 1 look forward to moving ahead on a win -win situation between the City and the Fire District. Sincerely, OAZ,9-0 (q*'-& 'a Carol Atwood Director of Administrative Services cc: David Knapp 203 CUPERTINO December 20, 2011 Ken Kehmna, Fire Chief Santa Clara County Fire 14700 Winchester Blvd, Los Gatos, CA 95032 Dear Ken, CITY MANAGER CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 - FAX: (408) 777 -3366 Over the past several months, we have met and discussed the City of Cupertino's dissatisfaction with the transition from Marsh Hovey to a regional approach. Although we agree in concept providing disaster preparedness on a regional basis, the results of these past 24 month have been marginal at best. The Fire District has provided Cupertino with a full -time, dedicated position for our disaster preparedness program since 1996. This arrangement was put in place hecause the District received 29% of its budget from Cupertino, although we only represent 24% of your total residents served and 12% of your total square miles served. Because of this dedicated position, we were able to grow our disaster programs and volunteer base to what we feel is the best in the County. With the retirement of Marsha Hovey, this has not continued to be the case. Not only were the five FTE positions not hired by the District, but there are no recruitments planned to supplant the current supervisor and one FT position. Even after 24 months, full transition has not occurred and our service levels have been cut drastically. As the attached matrix shows, items denoted in light blue have either not been transitioned to Fire, or have been delegated back to Cupertino. Our programs are floundering, our volunteers and departments are complaining and there appears to be no plan to correct this situation. In an effort to help the new supervisor, Miguel Grey, the City contracted directly with Marsha to assist and train Miguel. It was our belief that six to twelve months of assistance would provide the necessary time for the District to fully assume their roles. Unfortunately, it is very apparent that this transition has not taken place and has caused confusion with Miguel, Marsha, Ken Erickson and our own volunteers as to who to contact and who is in charge. We firmly believe at this time that the only way to continue our programs is to have a fully dedicated individual in- house. We therefore ask that our two agencies return to our former agreement of 15 years so that we can run the Cupertino program efficiently. When County Fire is ready to back a regional concept with the appropriate staffing, support and budget, we will be happy to sit down and discuss your ideas and proposals. Please familiarize yourself with the attached matrix so that we can fully discuss the status of the transition and so you can shed some light on why it has not been finalized to date. My assistant will be contacting you to set up a meeting at our mutual convenience. Sincerely, Dave Knapp City Manager City of Cupertino 204 Santa Clara County Fire — Discussion Items August 29, 2011 Revenue Facts and Funding Levels ➢ Approximately $20 million in Cupertino property tax per year, or 15.18 cents /dollar; ➢ Revenue has been consistent for last three years (see attached); ➢ Equates to approximately 29% of the SCC Fire budget; ➢ Cupertino comprises 24% of the total residents served (58,0001246,000); ➢ Cupertino comprises 12% of total square miles served (131105). Historic Service Levels Fire District has provided one full -time position to serve Cupertino exclusively since 1996. This position served as Emergency Services Coordinator with the following responsibilities: ➢ Training -- CERT (4), PEP (12), SEMS/N1MS, CPR, First Aid, Kaleidoscope (3), and other training as needed; ➢ Coordination — City wide disaster drill, EOC exercises, Disaster Council, County Emergency Preparedness Council; ➢ Attended - Block Leader events, Neighborhood Watch meetings, Community events, business group meetings, and other local and regional meetings; ➢ Recruitment and facilitation — recruited and trained over 1,200 volunteers in the areas of MRC, CARES, Animal Annex, Citizen Corps, CERT; ➢ Projects — dam plan, emergency plan, animal annex, communication plan, MOUs with Schools, Red Cross and HOAs, ➢ ARKS, etc — established and maintained ARKS and stocking of the EOC and Command Vehicle; ➢ Education/Communication — Updated the City Website, provided monthly articles for the Scene, answered COMCATE questions from citizens, answered disaster preparedness phone lines and email, made presentations to community and neighborhood groups; ➢ Grants — applied for and obtained grant funding. For a full description of duties, please see attached "Emergency Preparedness Coordinator Duties" list. Regional Proposal One supervisor (Miguel Grey), 3 full time positions and 2 part time positions to serve the cities of Los Gatos, Monte Sereno, Saratoga, Cupertino, Campbell, Los Altos and Los Altos Hills. Current Status ➢ Only two full time positions staffed. No recruitments planned. ➢ Full transition has not yet occurred between Marsha Hovey and Miguel Grey; ➢ Service level has been drastically cut; ➢ Fire will no longer support recruitment and facilitation of 1,200+ volunteers; ➢ Fire routinely requests clerical support from Cupertino and is not providing Miguel with internal clerical assistance (CERT materials, regional BBQ supplies, and other examples). Next Steps? 205 W Z C3 ui LLY LLc I CL u y� cc CL Q LU � V O X 4 v C v Q N N c _E v u ifl z N W LL X CL a LU u 0 U •o •o •a C � •a � � W O G fl rrr Qf N •� C vi p Ix G N O R o y C `? a �a �R C is p A U < v c °3 a e U ca E U c o C o � °' n, > �' v a. 0 0 v. ❑ � p °' � � o � � ro ] ,••, C7 E o C a � m ° � '" A ' d c a �` �+ god c A o °' 'o E 01 0° u A' N y, Eo o v oq r. g. U o ro ti ro �a 6 $ > E { m w ayi 2� m C m 'e ecv _ ° eco R° •°= " 3 °' 3 a S n m U 3 v u i a yy W a.h-%4 V) a E uJd4°. w wUxaC) G, W C40. IF C Z U t o gal w v h ¢ U h 6D O Cn cc s ti� a U s 3 °u o y O co to vi v E 3' 4 Y �' U W °o. °u d m ° o Y d, o � U id FQ O N - N u•i, R' a �t� V° w ra p c U c o' o G E c u y ° cz mac, °' ° R d a� �, a y G W o v� Cl) rn o U o ro E N '�' hp. m v E o .v d L tc o a u �° E 'U C '° y n w 7a o a s a o A O F U n c° U cn a Z 3 w o Z x w k ai v C Q a E v LA E a ED LA V) z 0 w a to CL u X � � 4 L U O u W C X [6 a v CL a- u Ln Ol E i� 0 ♦.a H � U c •y q ^� iri ,r <� O a a. w H O - - D Z Q Lu U A v V1 �.: A o . T A CL °> - ID c � � � ` � v? 0). c CL M LM (p} O u W C X [6 a v CL a- u Ln Ol E i� ITEM # %? 209 2012 -2013 BUDGET STUDY SESSION FOLLOW -UP June 11, 2012 Item 019 Safe Routes to School Summary There are four separate Safe Routes to School (SR2S) grant programs available for local jurisdictions. These include: (1) State - legislated Program (SR2S) and (2) Federal Program (SRTS) that have historically been administered by Caltrans; (3) County Safe Routes to School Program, also known as Vehicle Emissions Reductions Based at Schools (VERBS); and (4) One Bay Area Grant (OBAG) funding. All except the State Program are federally- funded. Although there is well over $100 million available among these four grant programs county and state -wide, each of these programs have specific criteria and many agencies compete for the limited amount of grant dollars available, Consequently, Cupertino would likely be eligible for up to approximately $2 million. The SR2S Program has recently issued a call for projects, and the VERBS and OBAG programs will be issuing a call in the Fall /Winter this year, Although we currently do not have any Safe Route to School grants, we will work towards preparing project scopes and applications for these programs. In the past, we have received funding from both the State - legislated and Federal programs. Last summer we completed our most recent project, a Federal SRTS grant in the amount of $400,000 to install sidewalks and curb ramps along Stelling Road, Greenleaf Drive, and Flora Vista Avenue. Prepared by� Timm Borden, Director of Public Works Department 5 210 ITEM # 2.0 211 TO: Array Chan FROM: Finance Dept, OFFICE OF ADMINISTRATIVE SERVICES CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3202 (408) 777 -3220 • FAX (408) 777 -3109 SUBJECT: New Budget Timeline for FY2012 -2013 — ITEM# 20 Per Council's request, the following dates are the new timeline: DATE: June 12, 2012 May 1, 2013 -- Proposed Budget packet ready for Council (2 weeks earlier than in previous years) May 7, 2013 — Regular Council Meeting (no budget item) May 20, 2013- Council one -one meetings (provides Council time for questions regarding the budget material) May 21, 2013 — Budget Study Session — in lieu of normal May 21 Council Meeting 212 = ip Q -0 0 e a C'7 r N f�d'ri GO �6 Y ~ mm.INN VI O }} ryry � N P`I y3 rlmi `w N N6i�m0 �NM LL- 0 m4h�•-I rl rl ry m ry� O ri n rl � N 1"� M I- Nrnrin °m 0 } T3 gym. NN ~ nra-1 � -INN 12 �em-I -INN N e-I .md N N d1 rl N M 0 H 14 In Y v a � a W �-I C '2 o0 Lrt N OO r 1 N V) W W W • N fO u O ~ V w C7 D 7 co M N N Z W W T C N 2 V Z O O 01 M O I� N cD ei N N A w Ln Ln N N L CL LM b AeW - SZ ady TT - 5 Awl 8T - ZT AM 5Z - 6T AeW T unf - 9Z AVI -0 0 e a C'7 r N ITEM # 2-1 214 2012 -2013 BUDGET STUDY SESSION FOLLOW -UP June 11, 2012 Item # 21 McClellan Road Sidewalk Solutions The McClellan Road Sidewalk Study proposed in the CIP has a $17,000 budget funded from a VTA project readiness grant. The scope of the tri- school area study is to determine the feasibility of installing sidewalk on McClellan Road between Orange and San Leandro Avenues Upon completion of this study, construction cost estimates (not part of this study) may follow, Prepared .by- Timm Borden, Director of Public Works Department 6 215 ITEM # 22. 216 OFFICE OF ADMINISTRATIVE SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO. CA 95014 -3202 (408) 777 -3220 ^ FAX (408) 777 -3109 Date June 12, 2012 To Amy Chan, Interim City Manager From Carol Atwood, Director of Administrative Services Subject Council Follow Up Item #22 — Deer Hollow Farm Deer Hollow Farm is a cooperative educational center where the public, school classes and community groups observe and participate in a historic working farm. The 150 year old Farm stands as a reminder of Santa Clara County's agricultural history. The Farm is located in the Rancho San Antonio Open Space Preserve in the foothills of Los Altos. In fiscal year 2010111 and 2011/12, the City of Mountain View asked Cupertino and the surrounding cities to help fund the operating budget of this venture as many of our residents use the facilities. Council approved a budget of $5,000 for each of those years. This year, Deer Hollow is seeking another $5,000 to help fund its operations. This amount has not been included in the proposed 2012113 budget as it is not an ongoing operational expenditure of the City. Representatives from Deer Hollow Farm have been contacted and have sent several e -mails asking for funding. It is our understanding that someone from the organization will be attending the Public Hearing on the 191' to personally ask for assistance from the City in the amount of $5,000. 217 ITEM # 23 218 UPERTINO Date: June 11, 2012 To: Amy Chan From: Rick Kitson Re: KMVT Grant Request OFFICE OF PUBLIC AND ENVIRONMENTAL AFFAIRS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3212 • FAX (408) 777 -3366 Summary KMVT has resubmitted a grant request for $65,000 after working with Technology, Information and Communication Commission (TICC) Chairperson Friedland as directed at the May 30 budget study session. Existing budget The attached grant request is not in the recommended budget. The initial request came to the TICC after the recommended budget had been prepared. Background TICC chairperson, Peter Friedland worked with KMVT on the revised grant proposal that has been submitted. Chairperson Friedland worked to make more explicit as to the benefits to Cupertino, a timeline for implementation, and technical details about exactly what the city council were helping KMVT to buy. From previous events, staff has direct experience with the serious limitations of KMVT's existing equipment. The need to upgrade is real. Any support from the Council would be most helpful if the support were at such a level to improve a distinct portion or increment of service, including digital mobile coverage, live webcasting to Cupertino residents, or other specific services. The commission has previously administered grants and would do an excellent job seeing that the policy direction and objectives of the Council were met with this funding. Should KMVT be unable to provide the services, it is very likely that the city would, at great expense, need to find or create an alternative. Recommendation The TICC supports the grant request at an amount of $50,000. Staff supports the TICC recommendation. There is a direct benefit to local government and to the community by having an organization such as KMVT providing open access community television to Cupertino residents. Attachment: Revised grant request from KMVT, undated. 219 Shelley Wolf Executive Director KMVT Community Television 1400 Terra Bella Ave, Suite M Mountain View, CA 94043 Dear Mayor & Council Members: KMVT has begun our Go Digital! Capital Campaign in efforts to raise money to upgrade our rapidly deteriorating equipment to digital and allow us to continue and provide new services to the community. We have estimated the cost at $500,000 Cupertino to purchase a Digital Switcher. better serve the community. Today we ask for $65,000 from the City of We ask for your support today so we can As the City of Cupertino is going through its own current growth developments, we as your partner would like to be standing right beside you supporting the community voice. Thank you for your time. Sincerely, Shelley Wolfe Executive Director KMVT Community Television 220 KMVT Silicon Valley Television & Media "Go Digital! W- Serving our Communities in a Digital Era" KMVT KMVT Community Television is a non - profit 501(c) (3) media center providing local community television and multimedia training to the City of Cupertino, Mountain View, and Los Altos. The Current Need The technological infrastructure of how individuals consume and create media is rapidly changing. Upgrades are crucial in enabling KMVTto continue providing more training with relevant equipment and educational programs to support the youth and volunteer communities we serve (City of Cupertino, Mountain View, Los Altos and Sunnyvale). Our most urgent need is to be able to upgrade our studio control room and playback system. We are eagerly working to secure the first $250,000 by the end of 2012 to begin the critical upgrades needed, including our control room, playback and cameras. These upgrades would provide us more flexibility and allow us to provide more services we currently can not provide. In 2013, we plan to raise the other $250,000 to upgrade our remote production truck and cameras. The overall plan of the $500,000 not only provides KMVT with functioning advanced equipment but also provides new resources to the community. o Updated training classes to youth and adults at our studio and on location o Provide hands on job training o More userfriendly technologies for our volunteers o Streaming and on demand video content o Remote capabilities — currently limited due to equipment o Additional coverage of local events in the community City of Cupertino Involvement & Benefits This is an opportunity for City of Cupertino to provide its residents a larger voice and show how important it is to bring the community together through media and technology. We ask for your support as a media partner. This funding would allow KMVT to provide more services when called upon by the city to help with local event coverage or Government channel back up (i.e. election coverage, State of the City, Veterans Memorial), The City of Cupertino would be providing current resident volunteers the training to expand their knowledge on new equipment that could be utilized in our studios and on location for the City of Cupertino. 221 Here is a current group of resident volunteer Producers have been utilizing KMVT resources to create nationally recognized content. o "The Better Part ", On the Move and Community Balance, My Tune TV have been producing content at KMVT for over 10 years o Present! & Reference Point for 6years o Most recent Patch.com 6 weeks. The Cost Today we ask for $65,000 from the City of Cupertino which would support our current initiative for the purchase of a TriCaster Digital Switcher. All ancillary equipment would be included in the cost. Our internal staff will be able to build out this traveling studio with the new equipment and provide training to current volunteers and staff. Turn around time would be a maximum of three months to receive equipment, install, test and be trained. The TriCaster is the core of our larger studio build out. TriCaster Digital Switcher - Equipment Details The benefit of a TriCaster Digital Switcher is a complete integrated solution for delivering content easily and efficiently. A digital switcher allows for multi camera and multiple inputs (i.e. computers) to be mixed in one location. The TriCaster provides: o Volumes of customizable signature looks making each program distinct o Higher- capacity media storage accommodates a high volume of project work o The flexibility to go from show, to show, to show, adding new camera angles along the way —up to eight, for the most sophisticated programs o Built -in live streaming at the push of a button o stream, broadcast, project and record —all at the same time —so you can meet viewers wherever they watch, now or later o Remote unit would leave a smaller environmental footprint – We would not have to run a multi camera shoot from a truck that is evoking fumes into the environment o Provide quality graphics, power point presentations, Skype /Google video participation to audiences throughout the Us o Quicker set up (currently it takes 1 -2 hours before an event to set up) o We would be able to deliver a completed program at the end of an event The TriCaster is a separable part of the plan as it can easily be used in our studio and remotely. Currently the studio is built only for studio purposes, where with today's technologies the TriCaster offers a more integral solution to being in the community and not just in a studio environment. This piece of equipment would be user friendly for local producers, as we have individuals with different levels of skill and experience working on the equipment. 222 We would be able to expand our training courses to provide remote multi camera shoots and more sophisticated graphics and animation programs, virtual sets (news looking programming). The equipment would also provide the capability to work alongside the City of Cupertino's cameras, allowing for KMVT to be a back up resource for larger outdoor shoots, Benefit to City of Cupertino Our goal is to be able to better serve the City of Cupertino and offer expanded services. • Upgraded equipment gives us a real opportunity to integrate into the City of Cupertino System- (being able to provide matching cameras and to do an 8 camera shoot vs. 3 or 4. Our current truck and cameras do not support this type of production) • Provide on location training of video equipment and multi camera shoots • Provide remote video services to the Chamber and it members; non - profit and for profit • Provide more hands on training at schools and educational outlets • Coverage of school events (sporting events, graduations, musicals, and local board meetings) • Provide video support & training to local service organizations • Provide back up support to the City of Cupertino Government channel • Be able to remain technically advanced • Provide current and future studio producers more advanced studio training and job skills One of KMVT's goals is to provide live streaming from any location that it chooses. To achieve this goal the TriCaster is the first step in creating a quality video for live broadcast on location and live streaming (webcast). The current technology available to KMVT does not provide live event coverage, from every location in the City of Cupertino due the availability of viable internet connections. How the TriCaster works in order for us to go live is based on two scenarios. 1. First being able to dial into the cities system, so if we are shooting around City Hall (i.e. City Center) we will have live streams 2. Second is dialing in to a fiber optic cable network or I -net The TriCaster is the encoder /transmitter for video streaming. The internet provides the pathway for the stream to an online server. The server redistributes the stream to any website /webpage you choose (KMVT's or the Cities). The video is then viewable on the chosen website. 223 Example One: If we were to go live within the City Center we would just plug in the TriCaster utilizing the current fiber net that exists. We would transmit the video signal to a cloud server where we can then redistribute the video to the specified website. Example Two: If we were to go live from Homestead High we would plug in the TriCaster to the schools internet network. We would then direct the video signal to a cloud server where we can redistribute the video to any webpage or website where you want the video available. This example provides a much more unstable situation for the following reasons, -1. Accessing an internet connection through a schools network requires the cooperation of the schools IT department 2. Limited bandwidth potential 3. Live event coverage may coincide with IT maintenance The TriCaster itself is very capable of strearning and we are planning to make every effort to go live with our productions. The technology currently in use by KMVT to perform live webcasts and live broadcasts is dependent on the availability of an internet connection with appropriately high bandwidth, and the fiber optics at City Hall. This is by far the most economical method of transmitting a broadcast. KMVT is looking at better options than internet dependent transmission this includes: o Microwave dishes. They start around $30,000, have safety risks, and would require installation in the KMVTtruck. o RF transmission is the next best option to internet but requires line of sight to work. The starting cost is $2,000 *Installation costs have not been priced out at this point. The costs would include towers, safety equipment and training, permit fees, potential repeater stations and land leases. Today's support would begin bringing the unique Cupertino community together. As the City of Cupertino is going through its own current growth developments, we as your partner would like to be standing right beside you supporting the community voice. Benefit to KMVT Over the years, KMVT has been looking at ways to upgrade its equipment and provide more remote services to the community with our limited resources. With new technological advances it is now possible and more attainable. 224 In the short term, KMVT would be able to provide ongoing services: • Updated equipment to students in line with what schools are using On location services and coverage to local organizations Additional training that is intuitive to all age groups within the community from a convenience factor Provide more hyper local coverage all residents • Increased local programming Our long term goal is to provide a technologically advanced studio space that offers more resources, training and community participation through positive media and creating "remote video mobiles" that are dedicated to the communities we serve. Live cunwras um,=— AraiMEs rJeiaw9lncnt$WHH hFFIa�AtrGlay9 jF .ft F[rc lilac {i+1l;A "I �i HeYbaw=uA i�ilXf�a�$fa'Y3 «iMrY II's3P +le i i �� I(sraeltep YlK4afl wRlrvp�Y RoulRr TO aster 855 R &Wd ilO lnWmal Dh"A P(c M/IiuPil «uayatrn.,nHr;sm flecarff td External 3laraga PEC 225 tkkeiwulnr bvestcaaming Video_ Video Broadcast Digital Displays ME ITEM #_ 24 226 CUPERTINO Date: June 8, 2012 DEPARTMENT OF PARKS & RECREATION CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3268 - FAX: (408) 777 -3366 To: Mayor and City Council From: Marls Linder, Director Re: Information on the Stevens Creels Corridor from McClellan to Stocklmeir INFORMATION MEMORANDUM At the April 3, 2012 and the May 1, 2012 City Council meetings, the Council asked staff to pull together in one report the actions the Council and/or Commissions have taken regarding McClellan Ranch Preserve, McClellan Ranch West, Stocklmeir, and the Stevens Creels Trail, The following is a chronology along with actions taken and by which body. This memo addresses actions taken between 2008 and 2012. I have incorporated information from the proposed CIP. McClellan Ranch Preserve • May 1, 2012 — City Council voted to rename McClellan Ranch Park to McClellan Ranch Preserve and to rename the Simms addition to McClellan Ranch West • May 1, 2012 — City Council approved an update of the McClellan Ranch Preserve Master Plan. This update included establishing priorities for capital projects at McClellan. The tier one priorities included: o Outdoor Gathering Shelter - $125K for 2012113 in proposed CIP o McClellan Bann Evaluation and Renovation Plan - $80Kfor 2012113 in proposed CIP o Assessment of the Historical Significance of the McClellan Ranch structures - $75K for 2012113 in proposed CIP o Develop a signage progrann $75Kfor2012113 in proposed CIP May 1, 2012 — City Council approved tier two priorities for McClellan Ranch including: o Anew Environmental Education Center - $1.2Mfor 2013114 in proposed CIP 227 o Blacksmith Shop Relocation and Renovation - $400K set aside in CIP o Repair Creels Access area and Creels Bank not funded in proposed CIP o Creels Corridor restoration — not funded in proposed CIP • May 1, 2012 — City Council approved tier three {future, but not in proposed CIP} priorities for McClellan Ranch including: o Manage parking o Renovate Bleacher area o Improvements on McClellan Ranch West o Possible new restroom building o Extensive creels restoration McClellan Ranch West • City leases the house to a family on this site for $31,000 a year • April 2, 2009 - Cupertino Parks and Recreation Commission recommended the property be integrated into the McClellan Ranch nature preserve • August 4, 2009 — Cupertino City Council voted to request the Planning Commission to rezone the then Simms property to Park Open Space. Council endorsed the goal of integrating the Simms property into a nature preserve in a manner that will protect and enhance the natural and cultural resources and create opportunities for education, research, restoration, and low impact recreation. Council also voted to extend the lease of the house and asked staff to took into the cost of removing the house and include it as a potential project in the next year's capital program. • The budgetary estimate to remove the house and perform associated work is $50,000 — On unfunded list in the proposed CIP Blackberry Farm Park • Renovated Blackberry Farm Park opened July 2009 • Upgrades including accessibility improvements to swimming pool restrooms and Retreat Center completed in 2012 • Phase 1 of the Stevens Creels restoration completed as part of the Blackberry Farm Park renovation project Stocklmeir Pro pert • August 4, 2009 —City Council approved the Parks and Recreation Commission's recommendation to create a legacy farm at Stocklmeir in concept. Council wished to see more detailed plans before taking further action. Note: Stocklmeir house in need of major repairs before it can be opened or used. 228 • May 17, 2011 — City Council approved design for Stevens Creels Corridor Restoration and Trail Phase 2. Project construction is scheduled for 2013. Creek widening and restoration is planned for summer and fall 2013. - $4.3M in proposed CIP • May 30, 2012 — Stocklmeir Orchard Irrigation Project was undertaken in 2011112 and is shown as a completed project in the proposed CIP Tank House • The Nathan Hall tank house was built in the mid to late 1800's. It was moved to its current site next to the Blue Pheasant in 1980. In 2006, the restoration of the tank house was the primary beneficiary of the Cupertino Rotary Golf Tournament. San rose Water Company donated their services to provide water service hook up to the structure. The following is a list of completed repairs: - General site clean up -- bins provided by Reeology - Framing for roof - Roof repair /replacement — materials /labor donated by Los Gatos Roofing - Deck repair /replacement - Siding repair - Window repair - Guardrail repair /replacement - Painting the exterior There are community groups interested in completing the restoration and using the tank house for office and meeting space. 229 ITEM # 230 PUBLIC WORKS DEPARTMENT 1L6 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cuper ino,org CUPERTINO PROPOSED 2012 -2013 CAPITAL IMPROVEMENT PROGRAM -- SCHEDULE CHANGE SUMMARY R111C 12, 2012 More project schedule information is now available for the Proposed 2012 -2013 Capital Improvement Program. Attached is a summary sheet of current and proposed projects, with new schedule information changes highlighted. 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