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08-03-12 Searcheable packet Table of Contents Agenda3 Study Session on Litter Reduction Plan, including potential bans on Single-use Carryout Bags and Polystyrene Foam Food Containers Staff Report9 Presentation of proclamation to Maya Varma for winning awards at the California State Science Fair No written materials11 July 3 City Council minutes Draft minutes12 June 26 City Council minutes Draft minutes18 Accounts payable for period ending June 29, 2012 Draft Resolution19 Accounts payable for period ending July 6, 2012 Draft Resolution31 Accounts Payable for period ending July 13, 2012 Draft Resolution42 Accounts Payable for period ending July 20, 2012 Draft Resolution54 Mid-Year Budget adjustment #2 Staff report65 Update department head housing policy Staff Report66 Resolution67 Alcohol Beverage License, Shanghai Dim Sim Inc., 19066 Stevens Creek Boulevard Staff Report70 Application71 Alcohol Beverage License, Vikhar, Inc, 1699 S De Anza Boulevard Staff Report73 Application74 Treasurers Investment and Budget Report for Quarter Ending June 2012 Staff Report75 Investment Portfolio77 Investments by Type, Rate of Return, and Compliance Charts79 PARS Trust Report81 General Fund Budget Report85 Expenditure and Revenue Charts86 Approve destruction of records from the Human Resources and City Clerk departments 1 Staff report91 Draft resolution92 First amendment Insight agreement Staff report112 Insight amended agreement113 2006 Insight agreement118 Adopt a resolution granting an easement to Pacific Gas and Electric (PG&E) for utility purposes on the parcel of land at th north end of the Don Burnett Bridge Staff report122 A. Draft resolution124 Appointment of City Manager and approval of employment contract Staff report132 Draft resolution133 Contract134 Municipal Improvements, 10207 Orange Avenue Staff Report146 A. Map147 Improvement Agreement, Jatin Parikh and Jayesh Parikh, 10571 San Leandro Avenue, APN: 357-05-073 Staff report148 A. Draft resolution149 B. Improvement agreement151 C. Map162 City Project, Blackberry Farm Infrastructure Upgrade Project, Project No. 2010-9135 Staff Report163 Second reading amending Cupertino Municipal Code 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors Draft Ordinance - Redline Version164 Political signs in the right-of-way Staff report167 Attachment A172 Attachment B186 Attachment C197 Attachment D201 Attachment E212 Attachment F222 Attachment G225 Attachment H227 Hearing to approve assessment of fees for annual weed abatement program (private parcels) Staff report228 Draft resolution230 Exhibit A232 2 AGENDA CUPERTINO CITY COUNCIL ~SPECIALMEETING SUCCESSOR TO THEREDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 7, 2012 4:00PM CITY COUNCIL MEETING ROLL CALL – 4:00 PM STUDY SESSION 1.Subject:Study Session on Litter Reduction Plan, including potential bans on Single-use Carryout Bags and Polystyrene Foam Food Containers Recommended Action:Direct staff to agendize an item for a City Council meeting in January 2013 to consider a single-use carryout bag ban ordinance Staff Report Page:9 CLOSED SESSION– 6:00 PM 2.Subject:Conference with legal counsel –anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) PLEDGE OF ALLEGIANCE –6:45 PM ROLL CALL CEREMONIAL MATTERS ANDPRESENTATIONS 3.Subject:Presentation of proclamation to Maya Varma for winning awards at the California State Science Fair Recommended Action:Present proclamation No written materials Page:No written materials POSTPONEMENTS 3 Tuesday, August 7, 2012Cupertino City Council Successor to theRedevelopment Agency 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. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4.Subject:July 3 City Council minutes Recommended Action:Approve minutes Draft minutes Page:12 5.Subject:June 26 City Council minutes Recommended Action:Approve minutes Draft minutes Page:18 6.Subject:Accounts payable for period ending June 29, 2012 Recommended Action:Adopt Resolution No. 12-079 Draft Resolution Page:19 7.Subject:Accounts payable for period ending July 6, 2012 Recommended Action:Adopt Resolution No. 12-080 Draft Resolution Page:31 8.Subject:Accounts Payable for period ending July 13, 2012 Recommended Action:Adopt Resolution No. 12-081 Draft Resolution Page:42 9.Subject:Accounts Payable for period ending July 20, 2012 Recommended Action:Adopt Resolution No. 12-082 Draft Resolution Page:54 10.Subject:Mid-Year Budget adjustment #2 Recommended Action:Approve adjustment Staff report Page:65 4 Tuesday, August 7, 2012Cupertino City Council Successor to theRedevelopment Agency 11.Subject:Update department head housing policy Recommended Action:Adopt Resolution No. 12-083 Staff Report Resolution Page:66 12.Subject:Alcohol Beverage License, Shanghai Dim Sim Inc., 19066 Stevens Creek Boulevard Recommended Action:Approve application for On-Sale Beer and Wine (41) Staff Report Application Page:70 13.Subject:Alcohol Beverage License, Vikhar, Inc, 1699 S De Anza Boulevard Recommended Action:Approve application for Off-sale Beer and Wine (20) Staff Report Application Page:73 14.Subject:Treasurer’s Investment and Budget Report for Quarter Ending June 2012 Recommended Action:Accept the report Staff Report Investment Portfolio Investments by Type, Rate of Return, and Compliance Charts PARS Trust Report General Fund Budget Report Expenditure and Revenue Charts Page:75 15.Subject:Approve destruction of records from the Human Resources and City Clerk departments Recommended Action:Adopt Resolution No. 12-084 Staff report Draft resolution Page:91 16.Subject:First amendment Insight agreement Recommended Action:Authorize agreement Staff report Insight amended agreement 2006 Insight agreement Page:112 5 Tuesday, August 7, 2012Cupertino City Council Successor to theRedevelopment Agency 17.Subject:Adopta resolution granting an easement to Pacific Gas and Electric (PG&E) for utility purposes on the parcel of land at the north end of the Don Burnett Bridge Recommended Action:Adopt Resolution No. 12-085 Staff report A. Draft resolution Page:122 18.Subject:Appointment of City Manager and approval of employment contract Recommended Action:Adopt Resolution No. 12-086 Staff report Draft resolution Contract Page:132 19.Subject:Municipal Improvements, 10207 Orange Avenue Recommended Action:Accept Municipal Improvements Description:The work included driveway approach, sidewalk and curb & gutter improvements in the City right-of-way Staff Report A. Map Page:146 20.Subject:Improvement Agreement, Jatin Parikh and JayeshParikh, 10571 San Leandro Avenue, APN: 357-05-073 Recommended Action:Adopt Resolution No. 12-087 Description:Through the improvement agreement with the City, the applicants for a building permit for a single-family residential development willbe obligated to bond and construct city-specified street improvements, including curb, gutter, sidewalk, and driveway approach along the frontage of their building site Staff report A. Draft resolution B. Improvement agreement C. Map Page:148 21.Subject:City Project, Blackberry Farm Infrastructure Upgrade Project, Project No. 2010- 9135 Recommended Action:Accept Project No. 2010-9135 Staff Report Page:163 6 Tuesday, August 7, 2012Cupertino City Council Successor to theRedevelopment Agency SECOND READING OF ORDINANCES 22.Subject:Second reading amending Cupertino Municipal Code 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors Recommended Action:Conduct the second reading and enact Ordinance No. 12-2097: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors" Draft Ordinance -Redline Version Page:164 PUBLIC HEARINGS 23.Subject:Political signs in the right-of-way Recommended Action:Approve application MCA-2012-01 Description:Application: MCA-2012-01; Applicant: City of Cupertino; Location: Citywide; Municipal Code Amendment to a portion of Chapter 19.104, Signs, of the City's Municipal Code regarding political signs placed in the right-of-way Staff report Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Page:167 ORDINANCESAND ACTION ITEMS 24.Subject:Hearing to approve assessment of fees for annual weed abatement program (private parcels) Recommended Action:Adopt Resolution No. 12-088 Staff report Draft resolution Exhibit A Page:228 REPORTSBY COUNCIL AND STAFF ADJOURNMENT 7 Tuesday, August 7, 2012Cupertino City Council Successor to theRedevelopment Agency 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. 8 PUBLICWORKS DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3354www.cupertino.org CITYCOUNCILSTAFFREPORT Study Session:August 7, 2012 Subject StudySessiononLitterReductionPlan,includingpotentialbansonSingle-useCarryoutBags andPolystyreneFoamFoodContainers. RecommendedAction DirectstafftoagendizeanitemforaCityCouncilmeetinginJanuary2013toconsiderasingle- usecarryout bag banordinance. Discussion ProvisionC.10.a.ioftheMunicipalRegionalStormwaterNPDESPermit(MRP)requires municipalpermitteestoundertakecontrolmeasurestoreducethelitterfromthejurisdictionto thewatersoftheStateby40%beforeJuly1,2014.Therearemanydifferentpoliciesoractions toachievethereductiongoalandallofthemareallocated percentageamountsor“credits”based ontheirindividualeffectiveness.Bansonsingle-usecarryoutbagsandpolystyrenefoamfood containersofferthemostcredit(onecreditequals1%reductioninlitter).Acitywidebagbanat allretailstoreswithafeeonpaperbags(excludingrestaurants)willearntwelve(12)reduction credits,andabanonexpandedpolystyrene(EPS)alsocalled“foam-to-go”forallvendorsof preparedfoodwillachieve six(6)credits. Cupertino’scurrent,modifiable,40%litterreductionplan,submittedtotheRegionalWater QualityControlBoardinFebruary,specifiesthattheCitywilladoptabagbanatlargegrocery storesforsix(6)litterreductioncredits.InMarch,CouncildirectedstafftoparticipateinSan MateoCounty’sEnvironmentalImpactReport(EIR)foraregionalsingle-usecarryoutbagban. Indoingso,thescopeofCupertino’spossiblebagbanwasexpandedtoincludeallretail 1 businesses(~145inCupertino),foranincreasedlitterreductionvalueoftwelve(12)credits. NochangetoCupertino’s short-term(40%)litterreduction planisrequiredatthistime. ThefinalEIRisexpectedtobecertifiedinOctober2012.AftertheEIRiscertified,theCity CouncilmaydirectstafftodraftabagbanordinanceforCouncil’sconsideration.Councilmay alsodirectstafftoprepareapolystyrenefoamfoodcontainerbanatfoodvendorestablishments inCupertinoforCouncilconsideration.ThiswouldincludepreparationofaCEQANegative Declarationandadraftordinance. AsaconditionofparticipationintheregionalEIR,SanMateoCountyaskedallparticipating agenciestobringanordinance(similartothemodelordinance)totheirCouncilfor consideration.Theadoptionofabagbanisnotrequiredandthereisnospecifictimelinefor 1 Creditsareunder reviewbytheWaterBoard.Finalcreditingforlitter reductionactionsmayultimatelydifferfrom thepresentassignedvalue. 9 presentingtheordinance.SanMateo’sintentinleadingaregionalapproachistohaveconsistent single–usebagrestrictionsthatwilleliminatejurisdictionaldisadvantagesandreducecustomer confusion. SustainabilityImpact All optionsforlitterreductionareintendedtoimprovewater quality. FiscalImpact Estimatedcostforimplementationofasingle–usecarryoutbagbanis$10,000.Thefundswill covereducationalandoutreachmaterialsaswellasstafftimetoholdstakeholdermeetingsand assistbusinesseswithimplementation.Theestimatedcostforimplementingapolystyrenebanis $18,000,whichincludesa$13,000consultantfeetoprepareaCEQAInitialStudyandNegative Declarationand$5,000foroutreachmaterialandstafftimetoassistbusinesseswith implementation.StaffwillpresentestimatesforotherlitterreductionactivitiesduringtheStudy Session. _____________________________________ Preparedby:CheriDonnelly, EnvironmentalPrograms Manager Reviewedby: TimmBorden,Director ofPublicWorks ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments:None 10 CITYCOUNCILSTAFFREPORT Meeting:June 19, 2012 Subject:Presentationofproclamationto'PurelyAwesome'fortheirperformanceatDestination ImagiNation NOWRITTEN MATERIALSINPACKET 11 DRAFTMINUTES CUPERTINOCITYCOUNCIL SUCCESSORTOTHEREDEVELOPMENTAGENCY RegularJoint Meeting Tuesday,July 3, 2012 JOINTMEETINGOFTHECITYCOUNCILANDSUCCESSORTOTHE REDEVELOPMENTAGENCY ROLLCALL At6:00p.m.MayorMarkSantorocalledtheregularjointmeetingtoorderintheCouncil Chamber, 10350 TorreAvenue,Cupertino,California. Present:MayorMarkSantoro,Vice-MayorOrrinMahoney,andCouncilmembersBarryChang, RodSinks,andGilbertWong.Absent: none. Present:ChairMarkSantoro,ViceChairOrrinMahoney,andSuccessorAgencymembersBarry Chang,GilbertWong,andRodSinks.Absent:None. CLOSEDSESSION 1.Subject:Conferencewithlegalcounsel–anticipatedlitigation;Significantexposureto litigation pursuanttoGov'tCode 54956.9(b):(onecase) At6:00p.m.Councilrecessedtoaclosedsession,andreconvenedinopensessionat6:45 p.m.MayorSantoroannouncedthattheCityCouncilhadmetinclosedsessionwithlegal counsel, obtaineda briefingand no actionwastaken. PLEDGEOFALLEGIANCE At6:45p.m.MayorMarkSantorocalledtheregularjointmeetingbacktoorderandledthe Pledge ofAllegiance. ROLLCALL Present:MayorMarkSantoro,Vice-MayorOrrinMahoney,andCouncilmembersBarryChang, RodSinks,andGilbertWong.Absent: none. 12 Tuesday,July 3, 2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency Present:ChairMarkSantoro,ViceChairOrrinMahoney,andSuccessorAgencymembersBarry Chang,GilbertWong,andRodSinks.Absent:None. CEREMONIALMATTERSANDPRESENTATIONS -None POSTPONEMENTS ActingDeputyCityClerkKirstenSquarciasaidthatitemnumber15waspulledfromtheagenda attherequest oftheSantaClaraValleyWaterDistrict. ORALCOMMUNICATIONS RobChansler,SanFranciscoShakespeareFestival boardmember, on behalf oftheBoardinvited CouncilandCupertinocitizenstoattendtheFreeShakespeareinthePark 2012 presentation of HenryVatCupertino's MemorialParkAmphitheater beginningSaturday,July 21 andrunning throughSunday,August 5. CONSENTCALENDAR WongmovedandSantorosecondedtoapprovetheitemsontheConsentCalendaras recommended,withtheexceptionofItemNos.10,11and12whichwerepulledfordiscussion. Ayes:Chang,Mahoney,Santoro,Sinks,andWong.Noes:None.Abstain:Sinksabstainedfrom ItemNos. 2 and 3. 2.Subject:June 19 CityCouncilminutes RecommendedAction:Approveminutes 3.Subject:June 19 SuccessortotheRedevelopmentAgencyminutes RecommendedAction:Approveminutes 4.Subject:AccountsPayablefor periodendingJune 8, 2012 RecommendedAction:AdoptResolutionNo. 12-073 5.Subject:AccountsPayablefor periodendingJune 15, 2012 RecommendedAction:AdoptResolutionNo. 12-074 6.Subject:AccountsPayablefor periodendingJune 22, 2012 RecommendedAction:AdoptResolutionNo. 12-075 7.Subject:AlcoholBeverageLicenseforKitshoJapaneseRestaurant, 19541 RichwoodDrive RecommendedAction:ApproveapplicationforOn-SaleBeerandWine(41) 13 Tuesday,July 3, 2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency 8.Subject:AdopttheamendedConflictofInterestCodeoftheCityofCupertinoforofficials anddesignatedemployeesandadopttheConflictofInterestCodeoftheSuccessortothe RedevelopmentAgencyforAgencyandOversightBoardmembersandalternates RecommendedAction:a.RescindResolutionNo.10-155andadoptResolutionNo.12-076 amendingtheConflictofInterestCodeoftheCityofCupertino,anddirecttheInterimCity Managertosigntherequired2012Multi-CountyAgencyBiennialNotice;b.Adopt ResolutionNo.12-03adoptingtheConflictofInterestCodeoftheSuccessortothe RedevelopmentAgency 9.Subject:SetahearingdateofAugust7toprovideforlienassessmentsandcollection resultingfromabatement ofa public nuisance(weedsand brush) RecommendedAction:AdoptResolutionNo. 12-077 10.Subject:Approveasemi-ruraldesignationeliminatingtherequirementforsidewalkson AlmadenAvenuebetweenByrneAvenueandOrangeAvenue,pursuanttoOrdinanceNo. 1925 RecommendedAction:AdoptResolutionNo. 12-078 Description:PropertyownersalongthefrontageofAlmadenCircleandAlmadenAvenue betweenByrneAvenueandOrangeAvenuehavecirculatedapetitioninsupportofaltering theirneighborhooddesignationtosemi-ruralbywaivingsidewalks.Thissemi-rural applicationapplies onlyto propertieswithinthese designated streets WrittenCommunicationsforthisitemincluded:  A signed neighborhood petitionandamendedmap.  EmailfromWinnieChanrequestinghersignatureberemovedfromthepetitionand requesting upgrades on therest ofthe street  EmailfromKenEngsupportingthepetitionbutonlyasanexemptionforasingle property, nottheentire street  EmailfromAlbertYoung opposingthe petitiontoeliminate sidewalksin MontaVista  LetterfromEvelynRepettiobjectingtothepetition,andinsupportofadding sidewalks MayorSantoro openedthe public hearing. JoanDyersaidshemisunderstoodthetermsforwhichshesignedthepetitionandwouldlike torescindhersignature.Shethoughttheextentoftheprojectpertainedtothepetitioner’s projectaloneandnotthewholestreet.Shehasspokentootherpeoplewhoalsohave questionsincludingWinnieChan,Ken Eng, EvelynRepettiandPhilLenihan. TomDyersaidhewassurprisedtohearaboutthepetitionandlearneditpertainedto sidewalksonly,notcurbsorgutters.Hesaidhewouldlookformoreinformationfrom DirectorofPublicWorksTimmBordenandstaffandtrytocreateadiscussioninhis neighborhood. MayorSantoroclosedthe public hearing. 14 Tuesday,July 3, 2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency MahoneymovedandSinkssecondedtore-openthepublichearing.Themotioncarriedwith SantoroandWong voting no. MayorSantorore-openedthe public hearing. MarkBurnssaidhejustfoundoutaboutthepetitionandwasconcernedabouthowhislot wouldbeaffectedbythedesignation.Hesaidhewouldliketospendmoretimethinking aboutwhatthedesignationwouldmeanforhishouseandrevisititatalaterdate.Hesaid every neighbor should be noticed. MayorSantoroclosedthe public hearing. WongmovedandMahoneysecondedtopostponetheitemuntilstaffcanlookintothe petitionapplicationand noticing processfurther. ThemotioncarriedwithChang voting no. 11.Subject:2012VariousParkPathandParkingLotRepairsproject,Authoritytoaward constructioncontract RecommendedAction:AuthorizeDirectorofPublicWorkstoawardthe2012VariousPark PathandParkingLotRepairsconstructioncontractifthebidsarewithintheestablished budgetandthereare no unresolved bid protests SantoromovedandMahoneysecondedtoauthorizetheDirectorofPublicWorkstoaward theconstructioncontract. Themotioncarried unanimously. 12.Subject: 2012 Pavement Maintenance project,Authoritytoawardconstructioncontract RecommendedAction:AuthorizetheDirectorofPublicWorkstoawardtheconstruction contractifthe bidsarewithintheestablished budgetandthereare no unresolved bid protests SantoromovedandChangsecondedtoauthorizetheDirectorofPublicWorkstoawardthe constructioncontract. Themotioncarried unanimously. 13.Subject:CityProject,Reconstruction ofCurbs,Gutters,andSidewalks,ProjectNo. 2011-06 RecommendedAction:Accept project SECONDREADINGOFORDINANCES -None PUBLICHEARINGS -None ORDINANCESANDACTION ITEMS 14.Subject: Mid-YearBudgetAdjustmentFY 12/13 RecommendedAction:IncreaseGeneralFundexpenditure budgets by $296,845 CouncilmemberSinksrecused himselffromthisitemandleftthe daisat 7:39 p.m. 15 Tuesday,July 3, 2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency Director ofAdministrativeServicesCarolAtwoodreviewedthe staffreport. WongmovedandChangsecondedtoincreasetheGeneralFundexpenditurebudgetsby $296,845asrecommended by staff. Themotioncarried unanimously. At 7:47 p.m.CouncilmemberSinksreturnedtothe dais. 15.Subject:Considertakinga position on theSantaClaraValleyWaterDistrict ballotmeasure RecommendedAction:No staffrecommendation Description:ThisitemwasreferredtoCouncilwithoutarecommendationfromthe LegislativeCommittee WrittenCommunicationsforthisitemincludedaletterfromtheCupertinoChamberof Commercein support ofthe ballotmeasure. UnderpostponementsthisitemwaspulledfromtheagendaattherequestoftheSantaClara ValleyWaterDistrict. 16.Subject:FirstreadingamendingCupertinoMunicipalCode2.28.040(D)regardingtheCity Manager duties,removingtheCityCouncilclosed hearing optionforDepartmentDirectors RecommendedAction:ConductthefirstreadingofOrdinanceNo.12-2097:"AnOrdinance oftheCityCounciloftheCityofCupertinoAmendingChapter2.28.040(D)regardingthe CityManagerduties,removingtheCityCouncilclosedhearingoptionforDepartment Directors" ActingDeputyCityClerkKirstenSquarciareadthetitle ofthe ordinance. MahoneymovedandWongsecondedtoreadtheordinancebytitleonlyandthattheCity Clerk’sreadingwouldconstitutethefirstreadingthereof.Ayes:Chang,Mahoney,Santoro, SinksandWong.Noes:None. REPORTSBYCOUNCILANDSTAFF Councilmembers highlightedtheactivities oftheircommitteesand variouscommunityevents. CLOSEDSESSION 17.Subject:ConferencewithLaborNegotiator(GovernmentCode54957.6);Agency negotiators:CarolAtwoodandAmyChan;Employeeorganizations:OE3;CEA, Unrepresented,CityAttorneygroup At7:57p.m.Councilrecessedtoaclosedsession,andreconvenedinopensessionat11:40 p.m.MayorSantoroannouncedthattheCityCouncilhadmetinclosedsessionwiththe Agency negotiatorsand direction has beengiventolabor negotiators. 16 Tuesday,July 3, 2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency ADJOURNMENT At 11:41 p.m.themeetingwasadjourned. Pleasenote:thenextregularmeetingscheduledonJuly17hasbeencancelled.Thenextregular meetingis on August 7. ___________________________________ KirstenSquarcia,ActingDeputyCityClerk Staffreports,backupmaterials,anditemsdistributedattheCityCouncilmeetingareavailable forreviewattheCityClerk’sOffice,777-3223,andalsoontheInternetatwww.cupertino.org. Click on Agendas& Minutes,thenclick on theappropriatePacket. MostCouncilmeetingsareshownliveonComcastChannel26andAT&TU-verseChannel99 andareavailableatyourconvenienceatwww.cupertino.org.ClickonAgendas&Minutes,then clickArchivedWebcast.VideotapesareavailableattheCupertinoLibrary,ormaybepurchased fromtheCupertinoCityChannel, 777-2364. 17 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, June 26, 2012 ROLL CALL At 3:58p.m. Mayor Mark Santorocalled the specialmeeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang (3:59 p.m.), Rod Sinks(3:59 p.m.), and Gilbert Wong. Absent: None. Mayor Santoro adjourned the meeting at 4:00 p.m. and reconvened at 4:04 p.m. ORAL COMMUNICATIONS -None NEW BUSINESS 1.Subject:Consider Council member Wong’s request to teleconference for the Friday, June 29 closed session after 6:00 p.m. Mahoneymoved and Sinksseconded to allow Council member Wong to teleconference for the Friday, June 29 closed session after 6:00 p.m.once he arrives at his destination. The motion carried with Wong abstaining. ADJOURNMENT At 4:15 p.m. the meeting was adjourned. ____________________________ Grace Schmidt, City Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3227www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject Mid-YearBudgetAdjustment #2 RecommendedAction Approve Mid-YearBudgetAdjustment #2 Description IncreasetheGeneralFundexpenditurebudgetby$50,000toprovideconsultingservicesto assesstheCity’sriskexposureasaresultofaStateBoardofEqualizationinvestigation regarding salestax situs. Discussion TheStateBoardofEqualizationperiodicallyperformsinvestigationsand/orauditsonvarious companiesinregardstosalestaxsitusandreporting.StaffrecommendsthattheCouncilhirean independentconsultantthatisfamiliarwiththeStateBoardofEqualizationprocessand guidelinestoreviewandassesstheCity’sriskexposure.Basedonthosefindings,anadditional budgetadjustmentmaybeforthcomingtoreserveforfutureliabilities. FiscalImpact Approvaloftheabovewillresultinanadditionalappropriationof$50,000intheGeneralFund for 2012-13intheCityAttorney –LegalCost budgetlineitem(110-1500-7075). _____________________________________ Preparedby:CarolA.Atwood,DirectorofAdministrativeServices Reviewedby:AmyChan,InterimCity Manager ApprovedforSubmissionby:AmyChan,InterimCity Manager G:\AdminServices\STAFF REPORTS\Mid-YearBudgetStaffReport8-7-12.doc 65 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3227www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject AmendmenttotheHousingAssistanceProgramforDepartmentHeads RecommendedAction ApproveResolutionamendingtheHousingAssistanceProgramforDepartmentHeads Description CupertinohashadahousingassistanceprogramfordepartmentheadssinceMarch,1999.After 13years,however,staffrecommendsthatthepolicybemodifiedtoreflectreasonableinterest ratesandloantermsgiven ourcurrenteconomicclimate. Discussion Recruitmentandhiringoftopqualitydepartmentheadsisessentialtotheefficientoperationof theCity.HousingcostsinSiliconValleytendtoactasadisincentivetopersonsrelocatingto thisarea,andtherefore,createdanobstacletotherecruitment,hiringandretentionofsuchtop quality personnel. To assistinthisend,theCounciladoptedtheHousingAssistanceProgram. Sinceitsadoption,interestrateshavedeclinedsubstantially.Assuch,theexistingpolicyno th longerreflectsareasonableinterestrateforaloanbecauseitutilizesthe11DistrictCostof Funds,lessa2%creditonthatrateforthefirstfiveyears,whichresultinanegativeinterestrate. th Toeliminatethisproblem,theamendedpolicysetstheinterestrateat11DistrictCostofFunds plus1.5%.Inaddition,sinceaconventionalloanisfor30years,theproposalamendstheterm oftheloanandreducesitfrom 40 to 30years. FiscalImpact Approvaloftheabovewillresultinanynewhousingloans havingahigherinterestrateofreturn by 1.5%,or $1,500/yearinadditionalinterestearningsforeach $100,000 inprincipalloaned. _____________________________________ Preparedby:CarolA.Atwood,DirectorofAdministrativeServices Reviewedby:AmyChan,InterimCity Manager ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachment:DraftResolution 66 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE HOUSING ASSISTANCE PROGRAM FOR DEPARTMENT HEADS WHEREAS, the recruitment and hiring of top quality department heads is essential to the efficient operation of the City of Cupertino, and WHEREAS, the cost of housing, the relative unavailability of new housing, and current housing financing conditions in the San Francisco Bay Area, and particularly the City of Cupertino, tend to act as a disincentive to persons relocating to this area, and therefore, as an obstacle to the recruitment, hiring, and retention of such top quality personnel; and WHEREAS, said conditions act not only as an obstacle to the recruitment, hiring, and retention of such personnel, but also in the event of the hiring of such personnel tend to discourage such persons from residing within the City of Cupertino; and WHEREAS, the City Council believe and appreciates the fact that the interest of the City of Cupertino would best be served by encouragingdepartment heads appointed by the City Manager to live within the Cupertino corporate limits to ensure their ready availability and familiarity with the community; and WHEREAS, the City regularly invests its funds in a variety of financial securities at varying earning rates, some of which are substantially below current mortgage rates; and WHEREAS, a portion of these reserves may be utilized to accomplish the intent of the City Council to promote the recruitment, hiring, and retention of the best available personnel to fill department head positions and to encourage such personnel to reside within the boundaries of the City of Cupertino, while the City still produces substantially equivalent investment income; and WHEREAS, in order to promote said objectives the City Council desires to institute a policy under which the City, in appropriate cases, may provide financing assistance to department heads for the purpose of assisting such persons to purchase a residence within the City of Cupertino; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO RESOLVES AS FOLLOWS: SECTION 1.The City Council finds that the recruitment, hiring, and retention of personnel to fill department head positions is of key importance to the functioning of the City government, that it is in the interest of the City to encourage department heads to live within the corporate boundaries of the City of Cupertino, that the provision of housing assistance may, in certain cases, enhance the ability of the City to accomplish the aforementioned purposes, and that such assistance can be provided without significantly affecting the financial status of the City. 67 Resolution No. Page 2 SECTION 2.The City Council hereby declares that it shall be the policy of the City, in appropriate cases, where necessary to secure or retain the services of such persons, and to assist department heads to reside within the City of Cupertino by making available, as an additional benefit of employment, a secured loan of City funds to acquire local housing. The need for such assistance shall be reviewed on an individual basis by the City Manager and shall not be deemed available as a matter of right to such department head. SECTION 3.Said loans, if made, shall be made available only upon the following terms and conditions, and upon such other terms and conditions, not inconsistent with the following, which may be deemed reasonable by the City: (a)Any such loan shall constitute a benefit of employment in consideration for the employee’s services, to be evidenced by a separate written agreement. (b)Any such loan shall not exceed an amount that is equal to five times the employee’s maximum base salary at the time of the loan. (c)Any such loan shall be available only upon residential property within the City of Cupertino which, is, in fact, used as the principal residence of the employee. Any such loan shall be due and payable in full upon sale or transfer of the property by the employee or termination of the use of the property as the principal residence of the employee. If the employee terminates employment with the City of Cupertino with fewer than five years of employment, any such loan shall be due and payable within 12 months of termination. If the employee terminates employment with the City of Cupertino with more than five years of employment, any such loan shall be due and payable within 24 months of termination. (d)Any such loan shall be secured to the satisfaction of the City Manager and City Attorney evidenced by a promissory note secured by a Deed of Trust. (e)Any such loan shall provide for either a variable interest rate or a fixed interest th rate. If the interest rate is fixed, the rate shall be the 11District cost of funds prevailing immediately prior to making of the loanplus 1.5%. If the interest rate th is variable, the initial interest rate shall be the 11District cost of funds prevailing immediately prior to making of the loan. The interest rate on variable interest rate th loans shall be adjusted annually based upon changes in the 11District cost of funds existing on the anniversary date of said loan; provided, however, that no adjusted rate shall vary from the initial interest rate by more than 4 percent. In no event shall any such loan, whether at fixed or variable interest rate, exceed 90 percent ofthe purchase price of said property, or be for a term exceeding 30 years. (f)If at any time during the term of the loan commercial or other financing becomes available at or below the interest rate then applicable to the City loan, the employee shall refinance and retire the City loan. 68 Resolution No. Page 3 (g)Such loans shall only be made from City funds that would be otherwise available and invested in financial securities with varying rates of return. (h)The employee may be permitted a two percent discount from the otherwise applicable interest rate for one period not exceeding five years. If such discount is permitted, the value of the discount will be an addition to the loan’s principle on an annual basis. When the loan is due and payable or when the employee elects to pay the loan through refinancing or otherwise, the value of the reduction shall be added to the loan’s principle for each month since the last annual addition to the loan’s principle. Upon expiration of the five year interest discount period, the interest rate shall revert to that originally set forth in the note or the interest rate then prevailing under the program for fixed rate loans, whichever is lower. (i)Whenever such loan is made the City shall pay or reimburse the employee for 50 percent of his or her closing costs as the purchaser of the residence as to which the loan is granted. SECTION 4.The City Council may elect to contribute a sum not to exceed 30 percent of the bona fide purchase price of the residence. Any contribution pursuant to this section shall entitle City to a proportionate share in the equity of the residence. To facilitate purchase, the City Manager may modify the terms of the equity sharing agreement provided that the ultimate City contribution at the close of escrow does not exceed 30 percent of the purchase price. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Housing Assistance Program described herein. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this______day of ________, 2012, by the following vote: VOTEMEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: City ClerkMayor, City of Cupertino 69 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 7, 2012 Subject Alcoholic Beverage License,Shanghai Dim Sim Inc, 19066 Stevens Creek Boulevard Recommended Action Approveapplicationfor On-Sale Beer and Winefor Bona Fide Public Eating Place Description Name of Business:Shanghai Dim Sim Inc Location:19066 Stevens Creek Blvd Type of Business:Restaurant Type of License:On-Sale Beer and Winefor Bona Fide Public Eating Place (41) Reason for Application:Annual Fee, Person to PersonTransfer Discussion There are no zoning oruse permit restrictions which would prohibit the sale of alcohol as proposedand staff has no objection to the issuance of this license. License Type 41authorizes the sale of beer and winefor consumption on thepremises where sold. _____________________________________ Prepared by:Julia Kinst, 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 70 71 72 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 7, 2012 Subject Alcoholic Beverage License,Vikhar Valero,1699 S De Anza Boulevard Recommended Action Approveapplicationfor Off-Sale Beer and Wine Description Name of Business:Vikhar, Inc. (VikharValero) Location:1699 S De AnzaBoulevard Type of Business:gas station Type of License:Off-Sale Beer and Wine(20) Reason for Application:Original & Annual Fees Discussion There are no zoning oruse permit restrictions which would prohibit the sale of alcohol as proposedand staff has no objection to the issuance of this license. License Type 20authorizes the sale of general alcoholfor consumption off of thepremises where sold.On June 19, 2012, the City Council approved an application for a Type 20 License for this location for a Person-to- Person Transfer. That application was withdrawn and replaced by this Type 20 License for annual fees and Original Owner. _____________________________________ Prepared by:Julia Kinst, 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 73 74 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3220www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting 7, 2012 :August Subject Treasurer’sInvestmentandBudgetReportforQuarter EndingJune 2012 RecommendedAction Acceptthereport DiscussionandFiscalImpact Investments ThemarketandbookvalueoftheCity’sportfoliobothtotaled$56.4millionatJune30,2012. Theportfolio’s0.26%yieldremainedthesamefromlastquarteranddown0.01%fromayear agoasUSTreasuryratescontinuetoremainlow.TheLAIFbenchmarkyieldof0.36%was down 0.02%fromlast quarter,and down 0.09%fromayearago. Theportfolioincreased$4.8millionduringthequarterduetosalesandpropertytaxreceipts. ThesetaxreceiptsandmaturingTreasurieswereinvestedinto$7millionofnewtwo-year Treasuries. ThePARSretireehealthtrustmarketvalueincreasedto$10.8millionatJune30,2012up$0.1 millionfromlastquarterandup$1.1millionfromayearago,resultingfrom$900,000in contributionsand$200,000ininvestmentearnings.Thestock,bondandcashportfolioreturned 2%fortheyearand 6.4% sinceinceptiontwoyearsago. InvestmentsareinfullcompliancewiththeCityinvestmentpolicyandStatelawandaretiered toprovidesufficientcashflowstopayCityobligationsoverthenextsixmonths.Marketvalues onindividualsecuritiesintheinvestmentportfolioareprovidedbyWellsFargoBank InstitutionalTrustServicesusingvaluationsfromInteractiveDataPricingandReferenceData, Inc. General Fund BudgetReport PreliminaryresultsfortheyearendinginJune2012showrevenuesup6%fromayearagoand $3.5millionaheadofbudgetprojections.Salestaxes,transientoccupancytaxes, licenses/permits,andchargesforservicesareexceedingexpectationswhileinvestmentreturns arecomingin belowprojections. 75 Expendituresareup4%overlastyear,and$3.8millionunderbudget.TheCityroutinelyends theyearwithbudget savingswithaportioncarriedforwardtonextyearforoutstandingpurchase ordersandcommitments.Positionvacancies,insuranceclaimsavingsgeneratepartofthe savings. TheAuditCommitteereviewedthesepreliminaryreports on July 19, 2012. _____________________________________ Preparedby:DavidWoo,DeputyTreasurer Reviewedby:CarolA.Atwood,City Treasurer ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments:InvestmentPortfolio InvestmentsbyType,Rate ofReturn,andComplianceCharts PARS TrustReport GeneralFundBudgetReport ExpenditureandRevenueCharts 76 City of Cupertino Investment Portfolio June 30, 2012 ACTIVITY DATE COUPONYIELDADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRATE To Maturity COSTVALUEVALUEPROFIT/LOSS SECURITIES MATURED 03/28/1103/31/12US Treasury Note 1.00%0.27%1,000,0001,000,0001,000,0000 05/25/1104/30/12US Treasury Note 1.00%0.17%1,000,0001,000,0001,000,0000 SECURITIES PURCHASED 05/14/1203/31/14US Treasury Note 0.25%0.25%2,999,8913,000,0002,996,490(3,401) 05/14/1204/30/14US Treasury Note 0.25%0.25%2,999,7813,000,0002,996,370(3,411) 06/25/1205/31/14US Treasury Note 0.25%0.30%999,0691,000,000998,750(319) CITY PORTFOLIO CASH 06/30/12Wells Fargo - Workers Comp Checking19,23319,23319,2330 06/30/12Wells Fargo - Regular Checking124,093124,093124,0930 06/30/12Wells Fargo - Repurchase Agreements0.02%0.02%1,743,4841,743,4841,743,4840 1,886,8101,886,8101,886,8100 LAIF 06/30/12LAIF - State Pool0.36%0.36%598,652598,652598,6520 MONEY MARKET FUNDS 06/30/12Wells Fargo 100% Treasury0.00%0.00%5,894,4485,894,4485,894,4480 5,894,4485,894,4485,894,4480 US TREASURY SECURITIES 05/11/1106/30/12US Treasury Note 0.63%0.22%1,000,0001,000,0001,000,0000 05/25/1107/31/12US Treasury Note 0.63%0.23%1,000,3331,000,0001,000,39259 06/15/1107/31/12US Treasury Note 0.63%0.24%1,000,3291,000,0001,000,38859 06/03/1108/31/12US Treasury Note 0.38%0.24%1,000,2341,000,0001,000,440206 06/15/1108/31/12US Treasury Note 0.38%0.25%2,000,4372,000,0002,000,850412 03/28/1109/30/12US Treasury Note 0.38%0.52%999,6351,000,0001,000,263628 06/15/1109/30/12US Treasury Note 0.38%0.26%1,000,2891,000,0001,000,917628 06/03/1110/15/12US Treasury Note 1.38%0.27%1,003,2271,000,0001,003,520293 06/27/1110/31/12US Treasury Note 0.38%0.21%2,001,0742,000,0002,001,480406 05/19/1111/30/12US Treasury Note 0.50%0.36%1,000,5751,000,0001,001,045470 06/27/1111/30/12US Treasury Note 0.50%0.23%1,001,1451,000,0001,001,615470 03/28/1112/31/12US Treasury Note 0.63%0.64%999,9111,000,0001,002,1902,279 03/28/1103/15/13US Treasury Note 1.38%0.72%1,004,6041,000,0001,008,2403,636 08/25/1103/31/13US Treasury Note 0.75%0.19%3,012,6463,000,0003,012,060(586) 05/06/1104/30/13US Treasury Note 0.63%0.57%1,000,4591,000,0001,003,2402,781 05/19/1106/15/13US Treasury Note 1.13%0.58%1,005,1951,000,0001,008,2803,085 09/26/1107/31/13US Treasury Note 0.38%0.20%2,003,8562,000,0002,002,420(1,436) 11/17/1108/31/13US Treasury Note 0.13%0.22%1,997,7012,000,0001,996,640(1,061) 03/28/1109/15/13US Treasury Note 0.75%0.96%997,5501,000,0001,005,6608,110 12/07/1110/31/13US Treasury Note 0.25%0.23%3,000,6593,000,0002,998,590(2,069) 01/24/1211/30/13US Treasury Note 0.25%0.22%3,001,4373,000,0002,998,020(3,417) 02/14/1212/31/13US Treasury Note 0.13%0.26%2,993,9983,000,0002,992,020(1,978) 02/14/1201/31/14US Treasury Note 0.25%0.26%2,999,6213,000,0002,997,300(2,321) 02/29/1202/28/14US Treasury Note 0.25%0.27%3,998,9594,000,0003,995,920(3,039) 05/14/1203/31/14US Treasury Note 0.25%0.25%2,999,8913,000,0002,996,490(3,401) 05/14/1204/30/14US Treasury Note 0.25%0.25%2,999,7813,000,0002,996,370(3,411) 06/25/1205/31/14US Treasury Note 0.25%0.30%999,0691,000,000998,750(319) 48,022,61448,000,00048,023,100486 Total Managed Portfolio56,402,52456,379,91056,403,010486 Average Yield0.26% Average Length to Maturity (in years) 0.90 TRUST PORTFOLIO MONEY MARKET FUNDSKester Trust 06/30/12Wells Institutional Money Mkt Acct0.07%0.07%48,48648,48648,4860 77 City of Cupertino Investment Portfolio June 30, 2012 ACTIVITY DATE COUPONYIELDADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRATE To Maturity COSTVALUEVALUEPROFIT/LOSS BOND RESERVE PORTFOLIO Bond Delivery Cost Acct Goldman Sachs Financial Sq Money Mkt0.19%0.19%34,05534,05534,055 Bond Reserve Acct Goldman Sachs Financial Sq Money Mkt0.19%0.19%1,586,8861,586,8861,586,8860 Total Bond Reserve Portfolio1,620,9411,620,9411,620,9410 78 LÝ;·;· ,ä ä¦; am;7 t©·Ez LAIF Cash Money Market 1% 3% 11% US Treasuries 85% Rate of Return Comparison 0.45% 0.40% 0.35% 0.30% 0.25% 0.20% 0.15% LAIF Cupertino 0.10% 0.05% 0.00% 79 Compliance Schedule COMPLIANCE WITH INVESTMENT POLICY City of Cupertino June 30, 2012 CategoryStandardComment Treasury IssuesNo limitComplies US Agencies No limitComplies Medium Term Corporate Bonds30% with A ratingComplies LAIF$50 millionComplies Money Market Funds20%Complies Maximum MaturitiesUp to 5 yearsComplies Per Issuer Max10% (except for Treasuries and US Agencies)Complies Bankers Acceptances 180 days & 40%Complies Commercial Paper270 days & 25%Complies Negotiable Certificates of Deposit30%Complies Repurchase Agreements365 daysComplies Reverse Repurchase agreementsProhibitedComplies Page 2 80 81 82 83 84 City of Cupertino General Fund Budget Report 6/30/2012 Preliminary BudgetActual AmendedAmended 2010/112011/126/30/20116/30/2012Analysis of Trends Taxes: Sales Tax 12,117,875 14,695,24014,539,24316,699,777Top tax provider strength Property Tax 12,076,000 11,951,00011,650,13711,892,700 Transient Occupancy 2,094,000 2,590,0002,536,5013,043,801Revenue per available room and rate increases Utility Tax 3,433,000 3,540,0003,227,9423,230,000 Franchise Fees 2,656,000 2,860,0002,841,3442,850,000 Other Taxes 1,224,000 1,190,0001,381,0661,341,009Construction tax better than expected Licenses and Permits 2,610,000 2,618,0002,901,9442,900,936 Use of Money & Property 1,188,000969,000727,983647,785Continued low yields Intergovernmental582,000370,927689,239388,146Different grants, no vehicle license fee revenue Charges for Services1,652,0001,651,0001,944,6092,854,708Apple campus, Blackberry Farm, Senior Center growth Fines & Forfeitures920,000650,000695,665627,485Continuation of recent declines Other Revenue100,000131,5001,114,330228,563Home sale last year; energy rebates and grants this year Total Revenue40,652,87543,216,66744,250,00346,704,9106% over prior year, $3.5M higher than budget Operating Expenditures: Administrative1,611,1391,754,5481,528,0701,540,298 Law Enforcement8,884,3969,020,3048,434,8858,473,850 Public & Environ. Affairs1,497,2631,725,8821,497,2631,656,510City Channel, website, environmental higher Administrative Services4,335,4914,804,3993,695,0764,157,849Election year; HR Dir vacancy; insurance savings Recreation Service4,480,1474,423,9944,117,4774,314,781Senior Ctr up w/higher revenues Community Development3,850,0004,303,3243,237,6433,432,363Econ Dev, Planning vacancies Public Works12,533,31412,696,71911,152,02911,338,149CIP Mgr, Engineering vacancies Total Expenditures37,191,75038,729,17033,662,44334,913,8004% over prior year, $3.8M under budget Transfers In337,48234,820337,48234,820Capital and technology savings Transfers Out -7,049,283-6,430,800-7,049,283-6,430,800Debt service, capital, technology, and retiree medical funding Net Gain/(Loss)-3,250,676-1,908,4833,875,7595,395,130 85 General Fund Revenues Projected vs. Actual 50,000 45,000 40,000 35,000 30,000 25,000 20,000 Projected, per current budget 15,000 Actual 10,000 5,000 0 9/11 12/11 3/12 6/12 Quarter Ending General Fund Expenditures Projected vs. Actual 45,000 40,000 35,000 30,000 25,000 20,000 Projected, per current budget 15,000 Actual 10,000 5,000 0 9/11 12/11 3/12 6/12 Quarter Ending 86 Sales Tax Projected vs. Actual $18,000 $16,000 $14,000 $12,000 $10,000 $8,000 Projected, per current budget $6,000 Actual $4,000 $2,000 $0 9/11 12/11 3/12 6/12 Quarter Ending 87 Property Tax Projected vs. Actual $14,000 $12,000 $10,000 Projected, per $8,000 current budget $6,000 Actual $4,000 $2,000 $0 9/11 12/11 3/12 6/12 Quarter Ending 88 Transient Occupancy Tax Projected vs. Actual 3,500 3,000 Projected, per current budget 2,500 Actual 2,000 1,500 1,000 500 0 9/11 12/11 3/12 6/12 Quarter Ending Licenses & Permits Projected vs. Actual 3,500 3,000 2,500 2,000 1,500 Projected, per current budget 1,000 Actual 500 0 9/11 12/11 3/12 6/12 Quarter Ending 89 Charges for Services Projected vs. Actual 3,000 2,500 2,000 1,500 1,000 Projected, per current budget 500 Actual 0 9/11 12/11 3/12 6/12 Quarter Ending Use of Money & Property Projected vs. Actual 1,200 1,000 Projected, per current budget 800 Actual 600 400 200 0 9/11 12/11 3/12 6/12 Quarter Ending 90 OFFICEOFTHE CITY CLERK CITY HALL 10300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August 7, 2012 Subject Approve destruction ofrecordsfromtheHumanResourcesandCityClerkDepartments. RecommendedAction Adoptthe draftresolutionapprovingthe destruction ofrecords. Discussion TheCityCouncil hasadoptedtheLocalGovernmentRetentionGuidelinesAdministeredbythe CaliforniaStateArchivesDivision oftheSecretaryofState’s officeastheCity’srecords retention schedule. Theretention schedule determinesthatcertainrecordsinexcess oftwoyears oldcan be destroyed. The departmentalrequestfor permissionto destroyall saidrecordsin excess oftwoyears oldas notedinthe draftresolutionattachment has beenapprovedbytheCity ClerkandtheCityAttorney. _____________________________________ Preparedby:KirstenSquarcia,ActingDeputyCityClerk Reviewedby:GraceSchmidt,CityClerk ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments: StaffReport A.DraftResolution 91 RESOLUTION NO. 12- A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE HUMAN RESOURCES AND CITY CLERK 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 7th day of August, 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 92 93 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Account Clerk 01/2006 D 01/2006 Administrative Services Recruitment Closed Account Clerk 08/2006 D 08/2006 Administrative Services Recruitment Closed Administrative Assistant 10/2007 D 10/2007 Community Dev. Recruitment Closed Administrative Assistant 05/2007 D 05/2007 Parks and Recreation Recruitment Closed Administrative Assistant 05/2008 D 05/2008 Community Dev. Recruitment Closed Facility Attendant 03/2008 D 03/2008 Public Works Recruitment Closed Production Assistant 03/2007 D 03/2007 Public/Environmental Affairs Recruitment Closed Building Inspector 07/2006 D 07/2006 Community Dev./Building Recruitment Closed Building Inspector 03/2006 D 03/2006 Community Dev./Building 94 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed City Attorney 01/2009 D 01/2009 Recruitment Closed City Manager 05/2000 D 05/2000 Recruitment Closed Code Enforcement Officer 02/2006 D 02/2006 Administrative Services Recruitment Closed Code Enforcement Officer 06/2007 D 06/2007 Administrative Services Recruitment Closed Sr. Code Enforcement Officer 08/2009 D 08/2009 Administrative Services Recruitment Closed Citizen Corps Coordinator 07/2007 D 07/2007 Administrative Services Recruitment Closed Community Dev. Director 08/1999 D 08/1999 Community Development Recruitment Closed Community Dev. Director 01/2009 D 01/2009 Community Development 95 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Parks & Recreation Director 09/2000 D 09/2000 Parks & Recreation Recruitment Closed Public Works Director 08/2000 D 08/2000 Public Works Recruitment Closed Parks & Recreation Director 04/2008 D 04/2008 Parks & Recreation Recruitment Closed Asst. Dir. Public Wks Engeering 05/2002 D 05/2002 Public Works Recruitment Closed Asst. Dir. Public Works Maint. 07/2008 D 07/2008 Public Works Recruitment Closed Asstistant Engineer 06/2008 D 06/2008 Public Works Recruitment Closed Engineering Technician 05/2006 D 05/2006 Public Works Recruitment Closed Engineering Technician 10/2006 D 10/2006 Public Works 96 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Sr. Civil Engineer 03/2006 D 03/2006 Public Works Recruitment Closed Environmental Affairs Coord. 11/2008 D 11/2008 Public/Environmental Affairs Recruitment Closed Environmental Intern 02/2008 D 02/2008 Public Works Recruitment Closed Environmental Programs Mgr 01/2008 D 01/2008 Public Works Recruitment Closed Equipment Mechanic 08/2009 D 08/2009 Public Works Recruitment Closed Facility Attendant 01/2006 D 01/2006 Parks & Recreation Recruitment Closed Finance Manager 07/2001 D 07/2001 Administrative Services Recruitment Closed Finance Director 06/2005 D 06/2005 Administrative Services Recruitment Closed GIS Coordinator 05/2007 D 05/2007 Community Development 97 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed GIS Coordinator 09/2007 D 09/2007 Administrative Services Recruitment Closed Golf Shop Attendant 07/2007 D 07/2007 Parks & Recreation Recruitment Closed Human Resources Analyst 07/2008 D 07/2008 Administrative Services Recruitment Closed Human Resources Technician 03/2007 D 03/2007 Administrative Services Recruitment Closed Human Resources Technician 10/2008 D 10/2008 Administrative Services Recruitment Closed Human Resources Director 07/2005 D 07/2005 Administrative Services Recruitment Closed Human Resources Manager 01/2001 D 01/2001 Administrative Services Recruitment Closed IT Intern 11/2007 D 11/2007 Administrative Services 98 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Maintenance Worker I 12/2005 D 12/2005 Public Works Recruitment Closed Maintenance Worker I 11/2006 D 11/2006 Public Works Recruitment Closed Maintenance Worker I 01/2008 D 01/2008 Public Works Recruitment Closed Maintenance Worker III 10/2007 D 10/2007 Public Works Recruitment Closed Maintenance Worker III 03/2006 D 03/2006 Public Works Recruitment Closed Temporary Maintenance Worker 10/2008 D 10/2008 Public Works Recruitment Closed Maintenance Worker III 04/2008 D 04/2008 Public Works 99 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Media Coordinator 08/2006 D 08/2006 Public/Environmental Affairs Recruitment Closed Neighborhood Watch Coord. 06/2005 D 06/2005 Administrative Services Recruitment Closed Sr. Office Assistant 04/2007 D 04/2007 Public/Environmental Affairs Recruitment Closed Sr. Office Assistant 02/2006 D 02/2006 Community Development Recruitment Closed Sr. Office Assistant 10/2007 D 10/2007 Community Development/Bldg. Recruitment Closed Sr. Office Assistant 08/2008 D 08/2008 Administrative Services Recruitment Closed Assistant Planner 10/2007 D 10/2007 Community Development Recruitment Closed City Planner 09/2008 D 09/2008 Community Development Recruitment Closed Plan Check Engineer 06/2008 D 06/2008 Community Development 100 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Plan Check Engineer 01/2008 D 01/2008 Community Development-Bldg. Recruitment Closed Public Information Officer 01/2001 D 01/2001 City Manager Recruitment Closed Planning Intern 07/2007 D 07/2007 Community Development Recruitment Closed Public Works Facilities Supvr. 12/2007 D 12/2007 Public Works Recruitment Closed Receptionist/Mail Clerk 05/2006 D 05/2006 Administrative Services Recruitment Closed Receptionist/Mail Clerk 08/2007 D 08/2007 Administrative Services Recruitment Closed Recreation Coordinator 10/2006 D 10/2006 Parks & Recreation Recruitment Closed Recreation Coordinator 04/2007 D 04/2007 Parks & Recreation Recruitment Closed Recreation Coordinator 08/2008 D 08/2008 Parks & Recreation Recruitment Closed Recreation Leader 02/2007 D 02/2007 Parks & Recreation 101 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Sr. Recreation Leader 02/2007 D 02/2007 Parks & Recreation Recruitment Closed Recreation Specialist 12/2007 D 12/2007 Parks & Recreation Recruitment Closed Sr. Recreation Leader 10/2007 D 10/2007 Parks & Recreation Recruitment Closed Recreation Specialist 11/2007 D 11/2007 Parks & Recreation Recruitment Closed Sr. Recreation Supervisor 10/2008 D 10/2008 Parks & Recreation Recruitment Closed Redev./Econ Dev. Manager 09/2006 D 09/2006 Community Development Recruitment Closed Redev./Econ Dev. Manager 04/2007 D 04/2007 Community Development Recruitment Closed Sr. Swim Instructor 05/2008 D 05/2008 Parks & Recreation Recruitment Closed Sr. Traffic Technician 01/2008 D 01/2008 Public Works Recruitment Closed Stevens Crk Coord. Restore Mgr.- 06/2007 D 06/2007 Parks & Recreation 102 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Recruitment Records Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Additional Name Number Subject Address Date Ranges Type information Recruitment Closed Street Light Worker 01/2008 D 01/2008 Public Works Recruitment Closed Travel Coordinator 12/2006 D 12/2006 Parks & Recreation Recruitment Closed Travel Assistant 04/2007 D 04/2007 Parks & Recreation Recruitment Closed Traffic Signal Technician 11/2007 D 11/2007 Public Works Recruitment Closed Video Intern 01/2007 D 01/2007 Public/Environmental Affairs 103 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Elections, 2007 D Candidate Statements Elections, 2008 D Candidate Statements Elections, 2007 D Nomination Papers Successful & Unsuccessful Candidates Elections, 2008 D 104 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Nomination Papers - Successful & Unsuccessful Candidates Elections, Out of 2009 D Date Correspondence SCQ Bid Documents , 2008 Project No. D Construction a 2007-2008 STP 2007-01 Division of Overlay Stevens Creek Program, Quarry, Inc., G. Bortolotto & 105 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Company, Inc., C.F. Archibald Paving Inc., Galedrige Construction, Inc., El Camino Paving, Inc., Inc. Gordon N. Ball, Bid Documents, 2008 Project No. D Inc., Ferma Stevens Creek 2008-9112 Corporation, Corridor Park HSR, Inc., Phase 1A Creek Restoration 106 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Robert A. Bid Documents, 2008 Project No. D Bothman, Inc., Stevens Creek 2008-9112 McGuire Hester, Corridor Park ESR Phase 1B Park Construction, and Trail Project Jos. J. Albanese, Inc., Gordon N. Ball SCQ Bid Documents, 2008 Project 2008-01 D Construction a Pavement Division of Restoration, Stevens Creek Quarry, Inc., 107 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) C.F. Archibald Paving Inc., Union City Construction, El Camino Paving, Inc., Paving, Inc., Sposeto Bid Documents, 2008 Project No. D Engineering, Reconstruction 2008-02 Inc., CB of Curbs, Construction, Gutters, and Maxistone Inc Sidewalks dba Maxicrete, Inc. 108 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Galedrige Bid Documents, 2008 Project 2008-03 D Construction Local Streets Inc. Pavement Management Phase 1 Bid Documents, 2008 Project No. D Inc., G. Local Streets 2008-03 Bortolotto & Pavement Company, Inc. Management C.F. Archibald Bid Documents, 2008 Project 2008-04 D Pavement, Major Streets Pavement Inc. Management 109 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Top Grade Bid Documents, 2008 Project No. D Construction, Local Streets 2008-05 Pavement Paving, Inc., G. Management 2, Bortolotto & Company, Inc., ICC General Bid Documents, 2008 Project No 2008-D Contractors, Inc. Sports Center 06 Robert A. Upgrades: Bothman, Inc. Lighting & Sports Court 1320 - Records The contents of 1975 Accounting D Inventory of inactive boxes Storage Basement that have already 110 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: August 2012 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: DMS =Destruction =Microfilm =Scanning Number to be Name Subject Address Date Ranges Other Type used for information (Iron Mountain microfiche card box number) (Agreement / File number) Storage been destroyed 111 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3227www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject AuthorizetheCityManagertoenterintoanagreementextendingtheexistingagreementfor consultation serviceswithInsightConsultingServices(Insight)throughJune 30, 2016. RecommendedAction Amendtheterm oftheexistingagreement. Description TheCity hasanexistingagreementwithInsightandrecommendsextension ofthatagreementfor anotherfive-year period. Discussion TheCityenteredintoafive-yearconsultantagreementwithInsightin2006toprovidean incentiveforInsighttogeneratenewsaletaxactivitieswithintheCity.Lastyear,Citystaff enteredintonegotiationswiththecompanytoextendtheagreementforanadditionalfiveyear period.Acopyofthisoriginalagreementandtheamendedagreementisattachedforyour review. FiscalImpact ProvidestheCitynet salestaxrevenue of over $1million peryear. ____________________________________ Preparedby:CarolAtwood,DirectorofAdministrativeServices Reviewedby:AmyChan,InterimCity Manager ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments:Resolution,OriginalAgreement,AmendedAgreement AdminServices\STAFF REPORTS\StaffreportInsightextension8-7-12.docx 112 113 114 115 116 117 118 119 120 121 PUBLICWORKS DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3354www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject AdoptaresolutiongrantinganeasementtoPacificGasandElectric(PG&E)forutilitypurposeson the parcel oflandatthe northend oftheDonBurnett Bridge. RecommendedAction AdoptResolutionNo. 12-_____. Background AspartofthecloseoutfortheconstructionoftheDonBurnettBridge,theCityneedstotransfer landtoCaltransforthenewsoundwallandbridgetowerfoundation;howeverseveralactions mustbecompletedpriortothisbeingpossible.Duringtheconstructionofthebridgetherewere PacificGasandElectricoverheadandundergroundelectricallinesthatneededtoberelocatedto accommodatethebridgefoundations.Theexistingfacilitieswereineasementsthathadbeen grantedtoPG&Ein1969and1970,whichispriortotheCity’sownershipofthelandin1975. Becausethefacilitieswereinexistingeasements,PG&ErequiresthattheCitygrantanew easementforthenewlocationoftheirfacilities.Oncethiseasementisgranted,PG&Ewill quitclaimtheexistingeasementstoclearthetitle ofthelandthatisto betransferredtoCaltrans. Discussion AspartofthecloseoutfortheconstructionoftheDonBurnettBridge,thereareseveralactions thatwillbesubmittedtotheCityCounciltoappropriatelyallocatethelandrightsand maintenanceresponsibilitiesrelatedtothe bridgeproject. Theseactionsare:  GranteasementtoPG&Eforthemtooperateandmaintaintheirrelocatedfacilities. OncePG&Ehasthisneweasement,theywillquitclaimtheiroldeasementontheland thatwill beconveyedfromtheCitytoCaltrans.  VacateremnantCityroadwayeasementspriortoconveyingtitletoCaltrans.Theeffort to preparethese documentsis underway.  ConveylandcontainingthenewsoundwallandbridgetowerfoundationfromtheCity toCaltrans. FiscalImpact Therewill be no fiscalimpactincurredbyapprovingthis grant oftheeasement. 122 ___________________________________ Preparedby:CarmenLynaugh Reviewedby: TimmD.Borden ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments: A.DraftResolution 123 124 125 126 127 128 129 130 131 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3227www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject EmploymentContractforthe newCityManager RecommendedAction Approvethe EmploymentContractforthe newCity Manager Description CitiesexecuteaseparateemploymentcontractwhenhiringaCityManagerorCityAttorney.In conjunctionwiththeCityCouncilappointmentofDavidBrandtasthenewCityManagerforthe CityofCupertino,theattachedcontractsetsforththetermsandconditions of saidemployment. Discussion WiththeannouncementofDaveKnapp’sretirementinFebruary,theCityCouncilconducteda nationwidesearchtofindanappropriatereplacementofthiskeyposition.Thesuccessful candidate,DavidBrandt,hasacceptedtheCouncil’sofferofemploymentasCupertino’snext CityManager.ThecontractbeforeCounciltonightformalizedthetermsandconditionsofthe fouryearemploymentcontract. Mr.Brandtwillcommence his duties on September 10, 2012. FiscalImpact ApprovaloftheaboveiswithintheFiscalYear2012/13budgetamountandrequiresno additionalappropriation. _____________________________________ Preparedby:CarolA.Atwood,DirectorofAdministrativeServices Reviewedby:AmyChan,InterimCity Manager ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments: EmploymentContractforCity Manager;DraftResolution 132 RESOLUTIONNO.12- ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCUPERTINO AUTHORIZINGEXECUTIONAGREEMENTOFEMPLOYMENTBETWEENTHE CITYOFCUPERTINOANDDAVIDBRANDT,CITYMANAGER WHEREAS,therehasbeenpresentedtotheCityCouncilaproposedAgreementof Employment betweentheCityofCupertinoandDavidBrandt;and WHEREAS,theterms,conditionsandprovisionsoftheagreementhavebeenreviewed andapprovedbytheDirector ofAdministrativeServicesandtheCityAttorney. NOW,THEREFORE,BEITRESOLVEDthattheCityCounciloftheCityofCupertino herebyapprovestheaforementionedagreementandauthorizestheMayortoexecutesaid agreement on behalfoftheCity ofCupertino. PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof th Cupertinothis 7 day ofAugust 2012, bythefollowing vote: VoteMembers oftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: GraceSchmidt,CityClerkMarkSantoro, Mayor 133 EMPLOYMENTCONTRACT FOR CITY MANAGER This EmploymentContract is made and entered intothis 7th dayof August, 2012, by and between the CITY OF CUPERTINO, STATE OF CALIFORNIA, A Municipal Corporation, by and through its City Council (EMPLOYER), and David Brandt (EMPLOYEE). RECITALS: A.EMPLOYER is a Municipal Corporation of the State of California. B.The City Council of the City of Cupertino, in accordance with the provisions of its Municipal Code, desires to employ the services ofEMPLOYEE as City Manager. C.EMPLOYEE desires to accept employment as Cupertino City Manager. D.It is the desire of bothEMPLOYER andEMPLOYEE to set forth the terms and conditions of said employment. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: ARTICLE 1: TERM OF EMPLOYMENT Section 1.01. Term of theContract: ThisContractwill commence on September 10, 2012, and will automatically expire on September 9,2016unless extended in writing by the parties. On or within 30 daysof September 9, 2015,EMPLOYEE shall notifyEMPLOYER of the expiration dateof September 9, 2016. In the event thatEMPLOYER does not intend to extend thisContract beyondexpiration, it shall notifyEMPLOYEE in writing of its intent not to extend prior to the effective date ofexpiration. Failure ofEMPLOYER to provide such notice shall not affect the expiration date of September 9, 2016. Revised7.11.12 11:00AM 134 Section1.02 Termination Prior to Expiration. Notwithstanding any provision contained in thisContract to the contrary,EMPLOYEE understands and agrees that he serves at the pleasure ofEMPLOYER and may be terminated prior to expiration of thisContract at the will of theEMPLOYER, subject only to the severance provisions set forth in Article V of thisContract, andthe ordinance provisions as set forth in Section 2.28.090 of the Cupertino Municipal Code. In like manner, nothing in thisContract shall prevent, limit, or otherwise interfere with the right ofEMPLOYEE to resign at any time from the position of City Manager subject only to the notice provisions set forth in Article V of thisContract and the ordinance provisions as set forth in Section 2.28.090 of the Cupertino Municipal Code. EMPLOYEE further acknowledges thatEMPLOYER has made no limited expressed, or written assurances of continued employment with the City of Cupertino other than as specifically set forth in thisContract. ARTICLE II: DUTIES AND OBLIGATIONS OFEMPLOYEE Section 2.01. Duties.EMPLOYER hereby agrees to employEMPLOYEE as City Manager of the City of Cupertino to perform the functions and duties as specified in the Municipal Code, California Constitution, and California Statutes, and to perform such other legally permissible and proper duties and functions asEMPLOYER shall from time to time assign toEMPLOYEE which are reasonably related to theposition of City Manager, including but not limited to: A.To see that all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses and privileges granted by the City are faithfully performed and observed; Revised7.11.12 11:00AM 135 B.To control, order and give directions to all directors of departments and to subordinate officers andemployees of the City under his jurisdiction through their department directors, and to transferemployeesfrom one department to another; C.The services and facilities of the City Treasurer and the City Attorney shall be made available to the City Manager to the same extent and in the same manner that the services are available to the City Council; D.To appoint, discipline and dismiss any and all officers andemployees of the City except those elected by the electors of the City or whose appointment or dismissal is denied to the City Manager under the laws of the state. The power to appoint given in the preceding paragraph does not include the power to create a new position except as providedunderChapter 2.52; E.To attend all meetings of the City Council unless excusedthere from by the City Council; F.To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient; G.To keep the City Council at all times fully advised as to the financial conditions and needs of the City; H.To prepare and submit to the City Council the annual budget and to administer it after adoption; Revised7.11.12 11:00AM 136 I.To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; J.To make investigation into the affairs of the City and any department or division thereof and anyContract or the proper performance of any obligation running to the City; K.To investigate all complaints in relation to matters consuming the administration of the government of the City and in regard to the services maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully observed; L.To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the City Council; M.To devote his entire working time, thought and energy to the duties and interests of the City; N.To receive and open all official mail and communications addressed either to the Mayor or to the City Council; O.To make reports and initiate recommendations as may be desirable or as requested by the City Council; P.To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution or other action of the City Council. Revised7.11.12 11:00AM 137 Section 2.02. Devotion to Duties.EMPLOYEE agrees to devote productive time, ability,and attention to the business ofEMPLOYER during the term of this Employment Contract. ThisContract shall not be interpreted nor intended to prohibitEMPLOYEE from making passive personal investments, conducting private business affairs or providing volunteer services if those activitiesdo not interfere with the services required under this Contract. Section 2.03. Performance Evaluation Procedures. The City Council shall review and evaluate the performance of theEMPLOYEE at least annually, or on anyschedule deemed appropriate by the City Council. Said review and evaluation shall be in accordance with specific criteria developed byEMPLOYER after consultation withEMPLOYEE. ARTICLEIII COMPENSATION Section3.01 Compensation.EMPLOYER agrees to payto EMPLOYEE for services rendered by him pursuant to thisContract amonthly base salaryof $17,500, payable in installments at the time as otheremployees ofEMPLOYER are paid. EMPLOYEE’S monthly base salary shall be adjusted by any percentage increase given to Department Heads ofEMPLOYER generally and shall not be decreased unless in a percentage consistent with a decrease applicable to Department Heads ofEMPLOYER generally. Notwithstanding the above, EMPLOYER and EMPLOYEE agree that there shall be nofurther salary adjustments or bonuses for 2012.At the time ofEMPLOYEE’s periodic evaluations, EMPLOYER may consider an additional compensation package increase including, but not limited to, merit pay or an additional increase in salary or benefits. Revised7.11.12 11:00AM 138 Section3.02 Deferred Compensation. City shall provide toEMPLOYEE the same deferred compensation plan that may be provided to other Department Heads and Confidential Employees, if any. ARTICLEIVEMPLOYEE BENEFITS Section 4.01. Automobile Allowance. During the term of this EmploymentContract, EMPLOYEE, to the extent necessary to perform hisduties shall use his own personal vehicle. EMPLOYER, in consideration thereof, shall payEMPLOYEE the sum of $350 per month as an automobile allowance.EMPLOYEE shall be responsible for the payment of all operating expenses of the vehicle, including, but not limited to, gasoline, oil, service and repair, and if necessary, the replacement of his automobile.EMPLOYEE shall procure and maintain, at his expense, a comprehensiveautomobile liability policy on the vehicle being used by him, in an amount that is acceptable to theEMPLOYER. During the course of this EmploymentContract, EMPLOYEE shall provideEMPLOYER with written documentation that said insurance policy is in full force and effect. Section 4.02. Vacation and Sick Leave.EMPLOYEE shall be creditedwith 10 days of vacationand 5days of sick leave as of the commencement of employment. Annual vacation and sick leave shall be accrued and administered in the same manner as vacation and sick leave is administered for Department Heademployees ofEMPLOYER. Section 4.03. Benefits.EMPLOYEE shall be entitled to receive benefits provided by EMPLOYER at a level no less than that provided to other Department Heads of the City, which presently consist of retirement benefits, family health coverage, life insurance, disability insurance,Cupertinosports club membership, administrative leave, floating holidays and holidays. The benefits so provided are subject to modification during the course of thisContract Revised7.11.12 11:00AM 139 at the sole and absolute discretion ofEMPLOYER at such times and to such extent as EMPLOYER may deem appropriate provided, however, there shall be no reduction in benefits unlessEMPLOYERimplements the same reduction of benefits to all other Department Heads of the City. Section 4.04 Professional Dues and Subscriptions.EMPLOYER agrees to pay for professional dues and subscriptions ofEMPLOYEE directly related to his duties as City Manager, provided the City Council has made provisions for such costs in the annual budget. Section4.05 Expenses.EMPLOYEE shall be entitled to reimbursement for all reasonable expenses necessarily incurred by him in the performance of his duties upon presentation of vouchers indicating the amount and purpose thereof, and further provided that such expenses are in accordance with policies established from time to time byEMPLOYER and consistent with budget allocations adopted byEMPLOYER for that purpose during the term of this EmploymentContract. Section 4.06 Moving and Relocation Expenses.EMPLOYER will pay EMPLOYEE the amount of $20,000 intended to be used for relocation, housing and house hunting expenses in EMPLOYEE’s discretion. Section 4.07ProfessionalDevelopment.EMPLOYER hereby agrees to pay travel and subsistence expenses ofEMPLOYEE for professional and office travel, meetings, and occasions adequate tocontinue the professional development ofEMPLOYEE and to adequately pursue necessary official functions forEMPLOYER, including but not limited to, city manager associations and other such national, regional, state, local government groups and committees thereof whichEMPLOYEE serves as a member, provided the City Council has made provisions for such costs in the annual budget. Revised7.11.12 11:00AM 140 EMPLOYER also agrees to pay tuition, travel, and subsistence expenses ofEMPLOYEE for courses, institutes, and seminars that are necessary for his professional development and of the good of the City provided the City Council has provided for same in the annual budget. Section 4.08 Housing Assistance.EMPLOYEE may elect to receive Housing Assistance for Department Heads consistent with theEMPLOYER’s Housing Assistance Policy in effect on the dateof commencement of employment. ARTICLE V TERMINATION AND NOTICE Section5.01 Termination of Employment and Severance: A. Subject to the provisions of Section 2.28 ofEMPLOYER’s municipal Code, EMPLOYEE serves at the pleasure ofEMPLOYER and nothing herein shall betaken to prevent, limit or otherwise interfere with the right ofEMPLOYER to terminate the services of EMPLOYEE with or without cause; provided, however,EMPLOYER shall take no action to terminate the services ofEMPLOYEE, without cause,within ninety (90) days after an election at whichone or more new members are elected to the City Council. There is no express orimplied promise made toEMPLOYEE for any form of continued employment. ThisContract and the EMPLOYER’s municipal Code chapter 2.28 are the sole and exclusive bases for an employment relationship betweenEMPLOYEE andEMPLOYER. B. If theEMPLOYEE is terminated by theEMPLOYER prior to expiration of this Contract, while still willing and able to perform the duties of the CityManager,EMPLOYER agrees to payEMPLOYEE a single lump sum payment made on the effective date of termination, in an amount equivalent to six months aggregatesalary and aggregate medical insurance benefit allowance if there are six or more months prior to the expiration date of this contract. If there areless than six months remaining in the term of the contract, then the single Revised7.11.12 11:00AM 141 lump sum payment made on the effective day oftermination shall be in an amount equal to the monthly aggregate salary and aggregate medical benefitof the EMPLOYEE multiplied by the numbers of months left on the unexpired term of the Contract.If thisContract is not renewed, thenEMPLOYER shall either provideEMPLOYEE with six months prior notice of nonrenewal or shall payEMPLOYEE a single lump sum payment made on the effective date of termination in an amount equivalent to the difference betweensixmonths aggregate salary and medical insurance benefit allowance computed for the number of months of notice actually given. Any such payment will releaseEMPLOYER from any further obligations under thisContract. Contemporaneously with the delivery of the severance pay herein above set out,EMPLOYEE agrees to execute and deliver toEMPLOYER a releasereleasingEMPLOYER of all claims that EMPLOYEE may have againstEMPLOYER. C. Notwithstanding paragraph (b) above,EMPLOYER shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under the provisions of paragraph (b), if EMPLOYEE is terminated because of a crime of moral turpitude or a violation of statuteor law constituting misconduct in office. Further,EMPLOYER shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under paragraph (b), in the eventEMPLOYEE voluntarily resigns or retires without affirmative action byEMPLOYER to terminate, initiate termination proceedings or request resignation. D. Any payment to theEMPLOYEE pursuant to this subsection 5.01shallbe fully reimbursed to theEMPLOYER if theEMPLOYEE is convicted of a crime involving an abuse of his office or position. ARTICLE VI MISCELLANEOUS Section 6.01. Form of Notices. Revised7.11.12 11:00AM 142 Notices pursuant to thisContract shall be in writing given by deposit in the custodyof the United State Postal Service, first class postage prepaid, addressed as follows: A.The City: Mayor and City Council City ofCupertino 10300 Torre Avenue Cupertino, CA 95014 B.EMPLOYEE: David Brandt Address to be inserted at time of relocation: ____________________________________ ____________________________________ Alternatively, notices required pursuant tothisContract may be personally served in the same manner as is applicable to civil judicial process. Noticeshall be deemed given as of the date of personal service or as of the date three days after deposit of such written notice, postage prepaid, with the United States Postal Service. Section 6.02. Bonding.EMPLOYER shall bear the full cost of any fidelity or other bonds required ofEMPLOYEE under any law or ordinance. Section6.03 Indemnification.EMPLOYER shall defend, save harmless and indemnify EMPLOYEE against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance ofEMPLOYEE’s duties as City Manager. IfEMPLOYER compromises or settles Revised7.11.12 11:00AM 143 any such claim or suit, EMPLOYER shall pay the amount of any settlement, or if the claim results in a judgment against EMPLOYEE, EMPLOYER shall pay any such judgment. This indemnification doesnot apply to any act, action or omission arising out of the gross negligence, willful misconduct on the part of EMPLOYEE, or acts EMPLOYEE outside the scope of his duties. Section 6.04 General Provisions. A. The text herein shall constitute the entire Contract between the parties. B. This Contract shall be binding upon and insure to the benefit of the heirs at law and executors of EMPLOYEE. C. This Contract may only be modified upon the written consent of the EMPLOYER and EMPLOYEE. D. In any action to enforce the terms of this Contract the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs and other non- reimbursable litigation expenses, such as expert witness fees and investigation expenses. Section 6.05 Severability. If any provision thereof, contained in this Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, EMPLOYER has caused this Contract to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this Contract, both in duplicate, the day and year first above written. Revised7.11.12 11:00AM 144 145 PUBLICWORKS DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3354www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject MunicipalImprovements, 10207 OrangeAvenue,APN 357-15-036. RecommendedAction Accept MunicipalImprovements. Discussion TheapplicanthascompletedCity-specifiedimprovementsintheCityright-of-wayincluding drivewayapproach,sidewalkandcurb&gutterasrequiredbytheimprovementagreementwith theCity. _____________________________________ Preparedby:Chad Mosley,AssociateCivil Engineer Reviewedby: TimmBorden,Director ofPublicWorks ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments: A. Map 146 10181 ATTACHMENTA 10185 10208 10228 21800 10268 21736 10207 21738 21744 10276 21742 10284 10261 21740 10292 21801 21730 10300 10310 22 22198 2 . Subject:MunicipalImprovements,10207OrangeAvenue,APN357-15-036. RecommendedAction:AcceptMunicipalImprovements. 147 PUBLICWORKS DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3354www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August 7, 2012 Subject ImprovementAgreement,JatinParikhandJayeshParikh, 10571 SanLeandroAvenue,APN: 357-05-073. RecommendedAction AdoptResolutionNo. 12-_____. Discussion ThroughtheimprovementagreementwiththeCity,theapplicantsfora building permitfora single-familyresidentialdevelopmentwill be obligatedto bond andconstructcity-specified streetimprovements,includingcurb,gutter, sidewalk,and drivewayapproachalongthefrontage oftheir building site. _____________________________________ Preparedby:Chad Mosley,AssociateCivil Engineer Reviewedby: TimmBorden,Director ofPublicWorks ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments: A.DraftResolution B.ImprovementAgreement C.Map 148 ATTACHMENTA RESOLUTIONNO.12- ARESOLUTIONOFTHECITYCOUNCILOF THECITYOFCUPERTINO AUTHORIZING EXECUTIONOFANIMPROVEMENTAGREEMENTBETWEEN THECITYANDDEVELOPER,JATINPARIKHANDJAYESHPARIKH, 10571SANLEANDROAVENUE,APN 357-05-073 WHEREAS,therehasbeenpresentedtotheCityCouncilaproposedimprovement agreementbetweentheCityofCupertinoandDeveloper,JatinParikhandJayeshParikh,forthe installationofcertainmunicipalimprovementsat10571SanLeandroAvenue,andsaid agreementhavingbeenapprovedbytheCityAttorney,andDeveloperhavingpaidthefeesas outlinedintheattachedExhibitA; NOW,THEREFORE,BEITRESOLVEDTHATtheMayorandtheCityClerkare herebyauthorizedto signtheaforementionedagreement on behalfoftheCity ofCupertino. PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof Cupertinothis 7th day ofAugust, 2012, bythefollowing vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________ GraceSchmidt,CityClerkMarkSantoro, Mayor 149 ResolutionNo. 12- Page2 EXHIBIT“A” SCHEDULEOFBOND,FEES,ANDDEPOSITS DEVELOPER: JATINPARIKHANDJAYESHPARIKH LOCATION: 10571SANLEANDROAVENUE,APN 357-05-073 PARTA.FaithfulPerformanceBond:$16,060.00 110-2211 PARTB.Laborand MaterialBond:$16,060.00 110-2211 PARTC.CheckingandInspectionFee:$2,542.00 110-4538 PARTD.Development MaintenanceDeposit:$1,000.00 110-2211 PART E. StormDrainageFee –Basin 2 $266.53 215-4072 PARTF.StreetLight – One-YearPowerCost:N/A 110-4537 PARTG.MapCheckingFee:N/A 110-4539 PARTH.ParkFee:ZoneIIN/A 280-4082 PARTI.ReimbursementFeeN/A 150 ATTACHMENTB 151 152 153 154 155 156 157 158 159 160 161 ATTACHMENTC 10490 10501 10505 10515 10546 10554 10555 10556 10569 10567 10570 10571 10600 10580 1061010581 10585 4 10646 0680 . Subject:ImprovementAgreement,JatinParikhandJayeshParikh,10571SanLeandroAvenue, 22451 APN:357-05-073. 22437 RecommendedAction:AdoptResolutionNo.12-_____. 22423 22409 22395 162 2237 PUBLICWORKS DEPARTMENT CITY HALL 1010300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3354www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject CityProject,BlackberryFarmInfrastructureUpgradeProject,ProjectNo.2010-9135. RecommendedAction AcceptProjectNo. 2010-9135. Discussion TheCity’scontractor,CRWIndustriesInc.,hascompletedworkontheBlackberryFarmRetreat Center,poolhouseandrestroomsaswellastheconstructionofaretainingwall.Theproject consistedofaccessibilityimprovementsattheretreatcenter,poolhouseandrestrooms,aswell asnewshowersatthepoolhouseandreplacementoftheconcreteretainingwallbehindthe maintenanceyard. ThisprojectwascompletedbyCRWIndustriesInc.,inMay2012.Theoverallprojectcost (includingchangeorders)was$361,238.83;undertheapprovedconstructionbudgetof $362,845.00forthe project. ___________________________________ Preparedby:CarmenLynaugh,PublicWorksProject Manager Reviewedby: TimmBorden,Director ofPublicWorks ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments:None 163 ORDINANCE NO. 12-2097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.28.040(D) REGARDING THE CITY MANAGER DUTIES, REMOVING THE CITY COUNCIL CLOSED HEARING OPTION FOR DEPARTMENT DIRECTORS 2.28.040 Powers and Duties. The CityManager shall be the administrative head of the City government acting under the direction and control of the City Council except as otherwise provided in this chapter. In addition to his or her general powers as Chief Administrator, and not as a limitation thereon, he or she shall have the powers and duties set forth in the following subsections: A. To see that all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses and privileges granted by the City are faithfully performed and observed; B. To control, order and give directions to all directors of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department directors, and to transfer employees from one department to another; C. The services and facilities of the City Treasurer and the City Attorney shall be made available to the City Manager to the same extent and in the same manner that the services are available to the City Council; D. To appoint, discipline and dismiss any and all officers and employees of the City except those elected by the electors of the City or whose appointment or dismissal is denied to the City Manager under the laws of the state.; provided, however, that he or she shall not have the power to remove or dismiss a department director until such person has been notified in writing by the City Manager of his or her intention to remove him at least fifteen days before the effective date of his removal. Within ten days after receiving such notice, a department director may request a closed hearing before the City Council, at which hearing he shall have an opportunity to answer the reasons given for his removal. “Department director,” as used in this paragraph, includes the Director of Administrative Services, the Director of Community Development, the Director of Public Works, the Director of Parks and Recreation, the City Clerk and such other department directors as may be established in the future by the City Council. At the hearing, the City Council can overrule the action of the City Manager only by the affirmative vote of four members. The power to appoint given in the preceding paragraph does not include the power to create a new position except as provided under Chapter 2.52; E. To attend all meetings of the City Council unless excused therefrom by the City Council; 164 Ordinance No. 12-2097 F. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient; G. To keep the City Council at all times fully advised as to the financial conditions and needs of the City; H. To prepare and submit to the City Council the annual budget and to administer it after adoption; I. To purchase or cause to be purchased all supplies for all of thedepartments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; J. To make investigation into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligation running to the City; K. To investigate all complaints in relation to matters consuming the administration of the government of the City and in regard to the services maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully observed; L. To execute general supervision over all public buildings, public parks, streets and other public property which are under the controland jurisdiction of the City Council; M. To devote his or her entire working time, thought and energy to the duties and interests of the City; N. To receive and open all official mail and communications addressed either to the Mayor or to the City Council; O. To make reports and initiate recommendations as may be desirable or as requested by the City Council; P. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance, resolution or other action of the City Council. (Ord. 1697, (part), 1995; Ord. 705, § 1, 1975; Ord. 106, § 4, 1959) / / / / / / / / / / / 2 165 Ordinance No. 12-2097 INTRODUCED at a regular meeting of the Cupertino City Council the 3 day of July, 2012 and ENACTED at a regular meeting of the Cupertino City Council this ____day of ____, 2012 by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________________________ Grace Schmidt, City ClerkMark Santoro, Mayor, City of Cupertino 3 166 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 1010300 TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 7, 2012 Subject Municipal Code Amendment to Chapter 19.104 (Sign Ordinance) regarding the placement of temporary political signs. Recommended Action The Planning Commissionrecommended on a 5-0votethat the City Council adopt the proposed amendments in accordance to the Planning Commission resolution no. 6706 (See Attachment A). Staff recommends: 1.An amendment to the PC reso to change the regulationson the placement, sign disposal and reclamation process for political signs(See Attachment B). 2.An amendment to the fee schedule to add a disposal fee for political signs(See Attachment C). Description Applications:MCA-2012-01 Applicant:City of Cupertino Location:City Wide Environmental:CEQA Exempt Discussion In response to questions and issues raised regarding political signs, staff initiated a limited review of the City’s Sign Ordinance to evaluate possible amendments and clarifications to the ordinance provisions pertaining to political signs and related enforcement processes. Issues related to political signs included the following: 1.Complaintsfrom residents regardingsigns placed in the landscaping strip in the right-of-way in front of their homes because it looked like they supported certain candidates. Currently, the sign ordinance allows political signs in the right-of-way in residential and institutional areas. The ordinance encourages but does not require permission from the owner of the adjacent residential property. 2.Complaints from residents regarding signsthat were not removed in a timely manner. Currently, the sign ordinance requires political signs to be removed within five days after an 167 election. In addition, the specific languages in the Ordinance on the sign reclamation process and the sign collection fee create an unintended consequence of discouragingthe responsible parties from claimingtheir signsonce picked up by the City, contrary to the intent of the Ordinance. The following sectionof this staff report summarizeseach issue including the original staff recommendation, thePlanning Commission’s recommendation,andstaff comments/recommendationsbased ona survey of surrounding cities regarding this subject. Staff comments are in italics.Please note that draft ordinanceswith redlinesincorporatingthe Planning Commission’s recommendations (See Attachment D) and the additional staff recommended changes (See Attachment E) have been prepared. Planning Commission OnJuly 10, 2012, the Planning Commission reviewed the ordinance amendments and recommended the following revisions to the Ordinance: Political Signs inthe Public Right-Of-Wayin Residential and Institutional Zones The Planning Commission noted that any prohibition of political signs within the public right-of- way would make it more onerous for candidates, increase the staff enforcement burden and createan overly complex process. They indicatedthat having political signs in the park strip in the right-of-way adjacent to residential areas is appropriateprovided that: The adjacent property ownerand/or residents haveprovided consent; and The adjacent property owner and/or residents havethe ability to remove and discard political signs if consentwas not previously obtained.This would reduce the enforcement burden on the City. Stafforiginally recommended that temporary political signsbe prohibitedonthe public right-of- waydue to the following reasons: To avoid any potential confusionor frustration from residentswhen they did not authorize to allow the signs adjacent to their homes. To avoid signs being improperly placed on sidewalks and median strips. To add clarity for ease of enforcement. The property owners/residents might consider it a burden to dispose un-authorized political signs. Most likely, the City will be contacted about the signs and will need to go out and remove them. Furthermore, some property owners/residents would view unauthorized signs as garbage and would want to dispose them in their garbage containers. The park strip within a public right-of-way is considered public property intended to service the general public foraccess/utilities purposes andneighborhood landscape/aestheticreasons. Staff believes that the decisionto express support of a particular candidate through signage within a public park strip should not begiven tothe property owner(s) and/or resident(s)immediately 168 adjacent,since the entire neighborhoodbenefits and/or usethe park stripand that there may be potential visual impacts to the neighborhood. Other reasons why all of the 15 surrounding Cities surveyed by staff prohibit temporary political signs onpublic land and/or in right-of-waysare to prevent the false appearance or confusion that the City is favoring a particular candidate,to avoid opening up other types of undesirable advertisements or signs on public property, and to simplify the code enforcement process. Staff’s original recommendation was consistent with the regulations and policies of the 15 surrounding cities surveyed. There were some questions regarding the City of Mountain View's political sign policy at the Commission hearing. For clarification, the City of Mountain View generally prohibits political signs in public right-of-ways but instead allows political signs on a few public properties that havebeen pre-authorized by the City Council. Recommendations for Residentialand Institutional Zones: 1.Prohibit temporary political signs on public land andpublic right-of-way (including but not limited to park strips, sidewalks and medians). Sign Removal & Disposal Fees The Planning Commission recommends that the current City sign removal fee in the Ordinance be unchanged. The Commissionalsodid not support the proposal of charging a disposal feefor an illegal political signs that were not claimed after they were picked up by the City. The Commission notedthat most political candidates are responsible for their signs and would not have any problem in reclaiming any inappropriate signs that may have been placed illegally. They also noted that the one-time sign disposal fee was too onerous at the recommended level of $59.00 Currently,any illegal signs that are picked up by the City are storedin the CityCorporation Yard.The Ordinance only requires the responsible party to pay for the sign removal fee ifthe sign is reclaimed. The current system does not encourage peopleto claim their signs since they have to pay a sign removal fee if they do. Staff’s recommendation was to change the fee structureto charge the responsible partiesa sign removal fee ifthe signwas picked up by the City and an additional disposal fee ifthey did not claim their signs within the specified timeframe.Staff had not proposed changing the amount of the sign removal fee($5 per sign). The proposed $59 one-time fee (not per sign) would cover the City’s expense to dispose any unclaimed signs. Staff believes that the proposed $59 one-time disposal fee is reasonable and appropriately places the responsibility back to the responsiblepartiesand will encourage them toretrieve their own signs if inappropriately located in the public right-of-way. 169 Recommendation 2.Clarify that the responsible party for the illegal signs is required to pay for the sign removal fees if they were picked up by the City and an additional disposal fee if they did not claim their signs within three days. 3.Add aone-timesign disposal fee of $59be charged for the signsthat are not claimed. A resolution to amend the fee schedule reflecting staff’s recommendations have been prepared for Council consideration (see Attachment C) Sign Reclamation and Disposal Process The Planning Commission recommends thatthecurrent ordinance notification and reclamation process of any illegal signs be unchanged. Currently, the Ordinance allows the City to pick up and dispose any illegal temporary signs in the public right-of-way ifthey are considered de minimus in value without the need to notice the responsible party. The City’s cost in carrying out the sign disposal is not recovered. Staff originally recommended that the Ordinance be revised to require any signs of de minimus value (including temporary political signs) be picked up by the responsible party within three calendar days. The intent was to provide the opportunity for the responsible party to reclaim the signs and to charge a disposal fee to offset the City’s cost onlyif the signs are not reclaimed. Recommendation 4.Staff recommends that the Ordinance be revised to allow the City to pick up any de minimus valued signs (including political signs) and provide(3)three days for the responsible party to reclaim them. Signs that are not claimed by the responsible party within three days are considered abandoned and the City will charge a one-time disposal fee to dispose them. Other Miscellaneous Changes The Planning Commission did not comment on the minor changesproposed to Chapter 19.104 in order to enhance its readability and to minimize repetition. Recommendation 5.Staff recommends that the Council adopt the Ordinance amendment with the minor text revisions to enhance readability and to minimize repetition. Next Steps Once the Council authorizes the proposed Ordinance amendmentsand the revised fee schedule, a second reading of the Ordinance changes will take place on August 21,2012 and the Ordinance 170 will go into effect on September 20, 2012. The fee schedule will be effective 60 days from Council adoption of the fee resolution (October 6, 2012). _____________________________________ Prepared by: Gary Chao, City Planner Reviewed by: Aarti Shrivastava, Community Development Director Approved for Submission by: Amy Chan,Interim City Manager Attachments: A: Planning Commission Resolution B: Staff Recommended Ordinance C: Draft Resolution to revise the Fee Schedule D:Planning Commission Draft Ordinance (with redlines) E: Staff Recommended Ordinance (with redlines) F: Staff Report, July 10, 2012 Planning Commission G: Survey Summary of Surrounding Cities G:\Planning\PDREPORT\CC\2012\MCA-2012-01GCASFINAL.doc 171 Attachment A CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6707 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVETHE MUNICIPAL CODE AMENDMENTSREGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNS AND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING. The Planning Commission recommends approvalof the proposed amendments to certain sections of Chapter 19.104 (Signs), of the City of Cupertino Municipal Code as shown in ExhibitAattached herewith. PASSED AND ADOPTED this 10thday of July2012, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the AYES:COMMISSIONERS: Chair Miller, Vice Chair Sun,Lee, Brownley, Brophy NOES:COMMISSIONERS: none ABSTAIN:COMMISSIONERS: none ABSENT:COMMISSIONERS: none ATTEST:APPROVED: /s/Aarti Shrivastava/s/Marty Miller Aarti ShrivastavaMarty Miller, Chair Community Development DirectorPlanning Commission 172 Draft Ordinance No. 12-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.104 (SIGNS) OF THE CUPERTINO MUNICIPAL CODE REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNSAND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1.Statement of Purpose. This ordinance amendment clarifies language regarding placement and related minor clarifications and language streamlining. Section 2.Code Amendment. Certain Sections of Chapter 19.104, entitled Signs, of the Cup amended, to read as shown in Attachment I. Section 3.Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, determination shall have no effect on any other provision of thi Ordinance to any other person or circumstance and, to that end, the The City Council declares that it would have adopted this ordina sentence, clause, phrase or portion thereof irrespective ofthe fact that any one or more sections, subsection, sentence clause, phrases or portions be declared val Section 4.Effective Date. This Ordinance shall take effect and be in force thirty (30) day provided by Government Code Section 36937. Section 5.Certification. The City Clerk shall certify to the passage and adoption of this notice of its adoption as required by law. Pursuant to Governme this Ordinance may be published and posted in lieu of publicatio Section 6.CEQA. Because the amendments in this ordinance do not have the potenti significant environmental impacts, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3). Section 7. Continuity. To the extent the provisions of this Ordinance are substantially provisions of the Cupertino Municipal Code, these provisions shaonstrued as continuations of those provisions and not as amendments of the earlier provisions 173 at a regular meeting of the Cupertino City Council the ____ day INTRODUCED ___________ 2012 and at a regular meeting of the Cupertino City Council on this ____ of ENACTED __________ 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: City ClerkMayor, City of Cupertino G:\Planning\PDREPORT\RES\2012\MCA-2012-01 PCres.doc -2- 174 Table of Contents (Partial) 19.104.100Signs exempt from permit requirements. [19.104.110 through 19.104.230 not amended] 19.104.240Temporary signsLocation. 19.104.250Temporary signsFlags, garage sales, political signs and subdivision signs. 19.104.260Temporary signsReal estate signs and project announcement signs. 19.104.270Temporary signsSpecial event banners, promotional devices, and portable signs a displays. [19.104.280through 19.104.320 not amended] 19.104.320Abandoned or discontinued signs. 19.104.330Illegal signs on Private Property. 19.104.340Illegal signs in public right-of-wayor on public property. 19.104.350Summary removal authorized. 19.104.360Storage and Reclamation of Removed Signs, Responsibility for rem relocation, demolition or disposal costs/fees. 19.104.370Illegal signsDeemed public nuisanceCourt action authorized. 19.104.380Violation deemed infractionPenalty. 19.104.100Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, provi following regulations: A.Directory Signs.Directories located within the interior of a project which are not oriente a public street; B.Garage Sale Signs.Garage sale signs subject to the limitations in Section 19.104.2 Chapter 5.16 of this code; C.Governmental Signs.Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, a indicating danger and aids to service or safety; D.Identification Signs.Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, lo shopping mall or office complex; E.Information Signs.Informational or directional signs which are located entirely on the -3- 175 property to which they pertain and are less than four square feeNo more than thirty-three percent of the sign area of each sign can be devoted toward busi located on the property; F.Political Signs.Political signs subject to the limitations in Section 19.104.250 G.Public Notices.Public notices or posters as legally required by a government ag H.Residential Real Estate Signs.Real estate for sale/for lease/for rent signs, subject to the limitations in Section 19.104.260; I.Non-residential Real Estate Signs.Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; J.Street Address Numbers.Address numbers in all districts, providing they are not meant a advertising mechanism; K.Logos, Symbols or Insignias.Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religiousorders or historical agencies, provided that such signs are placed on or cut into the structure are not internally square feet in area; L.Window Signs.Window signs subject to the limitations in Sections 19.104.150 and 19.104.290.One "OPEN" sign not exceeding two square feet and of any materia window without penalty towards window coverage limitations; M.Bus Shelter Signs.Signs installed in Santa Clara County Transit Agency bus shelters; N.Civic Event Signs.Civic and/or City-sponsored events signs on City property; O.State and/or Federal Mandated Signs.State and/or federal mandated signs, including State lottery and certified smog station signs; P.Pedestrian Oriented Blade Signs.Blade signs that are not internally illuminated.Such signs shall be less than six and one-half square feet in area and installed at a height between eight twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240Temporary SignsLocation. A.Unless otherwise provided for in this chapter, it is unlawful f mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, including but not limited to: sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or o -4- 176 upon any fixture of the fire alarm or police telegraph system or public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, utility transformer vaults, or Any other building, structure or device permanently affixed on p B.It is unlawful for any person to place, post or otherwise affix, public right-of-way, except as provided in this chapter.The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip C.Unless otherwise provided for in this chapter, all temporary sigl comply withthe following: Size Use/ ZoninTime PeriodLocation MaximuMaximu Review Criteria g m Aream Height Shall not be located on the street or on street medians. Two sides May only be located in the maximum public right-of-way of residential or institutional Shall not be districts illuminated. All signs may Shall maintain 36 inches of Shall not only be clear and continuous width restrict, in any displayed along a sidewalk or pathway way, the safe between 4 s.f. per plus any other area needed vision of any All3 ft.sunrise and side for handicapped accessibility. vehicular or sunset,unless pedestrian All parts of the sign shall be otherwise traffic or set back minimum 18 inches specified in this obstruct any from the face of the curb or chapter. directional or from the edge of the street, safety signs bicycle or vehicle travel lane, permitted by whichever is the greatest the City. distance from the edge of the street, bicycle or vehicletravel lane. D.Unless otherwise specified in this chapter, persons who place temporary signs: 1.On private propertyshall obtain theoral or written consent of the owner or person entitled to possession of that propertyand 2.In public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E.The provisions of Section 19.104.240(B), (C), and (D) shall not -5- 177 1.The maintenance of signs affixed or painted upon public or privamotor vehicles; 2.The maintenance of signs affixed to Santa Clara County Transit D 3.The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4.The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 5.The maintenance of hazard markers or emergency signs. 19.104.250Temporary SignsFlags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processin- Flags, Garage Sales, Political Signs and Subdivision Signs. -6- 178 Table 19.104.250:Temporary Signs -Flags, Garage Sales, Political Signs and Subdivision Signs Size Information Use/ ZoningNumberTime PeriodReview Criteria Maximum Maximum Contained AreaHeight ·Two weeks for each ·In conjunction with a grand opening or special No more special eventpromotional activity. Number subject than 20 ft. Commercialto approval by N/AN/A ·Shall be removed ·Comply withrequirements forSpecial Event above CDD within 5 days after Banners, Promotional Devices, Portable Signs and ground A.Flags special eventDisplays Two flag poles 4 s.f. for each model Same as Residential One yearN/AN/A No more home of a new above than 2 sides development ·Must be a bonafide garage sale activity as defined in One on-site B. Garage Chapter 5.16 of the Municipal Code Residential8 s.f.6 ftLength of saleN/A Sales Three off-site ·Off-site signage subject to Section 19.104.240 ·No permit required. ·Subject to requirements of Section 19.104.240 4 s.f.·Until 5 days after ·Within the public right-of-way only allowed in a C. Political election. AllNo limitN/AN/A No more park strip adjacent to the sidewalk with authorization Signs than 2 sidesfrom the immediately adjacent property owner and/or resident. ·Shall comply withrequirements of Section 19.104.240 Direct and permit issued by CDD. ·One year or until all customers ·Application shall include a list of all other such signs D. units are sold, Non-32 s.f. per along the most Three6 ft.including sign area and street location. Subdivision whichever occurs first residentialfacedirect route Signs ·Limited to Subdivisions located in Cupertino . ·Extensions may be through the granted. city ·Two sign faces maximum. ·V shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = feet 19.104.260Temporary SignsReal Estate Signs and Project Announcement Signs. Table 19.104.260 sets forth the rules, regulations and processin-Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 179 -7- Table 19.104.260:Temporary Signs -Residential Real Estate, Non-residential Real Estate and Project Announcement Signs Size NumberTime PeriodInformation ContainedReview Criteria Maximum Maximum AreaHeight ·One freestanding sign per street frontage. 4 s.f.6 ft.Length of saleN/A·Subject to requirements of Section 19.104.240 ·Two signs maximum. ·One building mounted banner -in 4 s.f.N/ASee aboveN/AN/A A. Residential lieu ofone Real Estate freestanding sign. ·One offsite for Between sunrise ·Subject to requirements of Section 19.104.240 4 s.f.N/AN/A sale/rent signand sunset& on-site signage ·Six offsite open house Between sunrise N/AN/AN/A·Subject to requirements of Section 19.104.240 signsand sunset ·Length of sale or time to lease/rent. ·Name of real estate agent or ·No more than two faces. V signs ·One freestanding sign 32 s.f. per ·May be installed up 6 ft. owner, address, phone number prohibited.May not reasonably obstruct per street frontageface to thirty days prior and other pertinent informationvisibility of any permanent ground sign. to any tenant vacancy ·Allowed only if no freestanding sign placed ·One building B. Non- Same as along that street frontage. mounted banner per 32 s.f. per Same as residential real freestanding Same as freestanding sign elevation facing an ·Location shall comply with requirements of estate facefreestanding sign sign adjacent public street. Section 19.104.140. ·One offsite sign per ·On private property with approval and street frontage Same as consent of property owner onwhose 32 s.f. per Same as ·Maximum of two freestanding Same as freestanding sign property sign is to be located. facefreestanding sign signs per off-site sign Subject to requirements of Section 19.104.240 parcel. ·One year or until Names of project and owner, ·New projects under construction, including all units are sold, address, telephone number ·Two freestanding Combined C. Project subdivisions of 5 or more units. whichever occurs contact information, leasing/sale signs or banners area: 64 6 ft. Announcement first information, dates of anticipated ·Permit issued by CDD. Sign maximums.f. completion and a list of ·Extensions may be ·Subject to requirements of Section 19.104.240 contractors involved. granted CDD = Community Development Director; S.f. =square feet; ft. = f 180 -8- 19.104.270Temporary SignsSpecial Event Banners, Promotional Devices, and Portable Signs and Displays. A.General Authorization.Special event banners, promotional devices, and portable signs and displays which conform to the provisions of this chapter, ar industrial, office and institutional zoning districts, subject to the issuance of a permit by the Director . B.Public objectives. 1.Enhance pedestrian experience, activity and convenience. 2.Maintain the economic stability of the City by enhancing vitalit 3.Provide attractive, effective and visible identification reflect character of the business. C.Special event banners.The Director may issue a permit for a Special Event Banner for each business within the commercial, industrial, office and institutional zoning districts un the following provisions: 1.The banner shall only be displayed for a maximum of one hundred within a three hundred sixty-day period. 2.The banner shall be building mounted and have only one face not exceeding o hundred square feet in area. 3.The banner shall be placed on a building in accordance with the in Section 19.104.140 of this title related to building clearance and roofline levels. 4.Unless otherwise determined by the Director, the display of the subject to the tenant schedule for shopping centers as provided D.Promotional devices.In addition to special event banners described in subsection C. above, the Director may issue a permit for a promotional device commercial, industrial, office and institutional zoning district 1.For advertising a special event for an existing business, promot displayed for a maximum three-day period, four times within a calendar year. 2.For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices may be displayed during the first year of a new business's opera announcing the grand opening of that business. 3.The device shall not displace parking or be located in a landsca area. 4.The device shall be compatible with adjoining uses, particularly 5.Tethered balloons used for promotional purposes may not exceed twenty-five feet above the building where the special event or grand opening is o 181 6.Unless otherwise determined by the Director, the display of the subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E). 7.Subject to the approval of the Director and the Public Works Dep promotional device may be located within the public right of way impact the device will have on traffic circulation as well as upon the environment o surrounding uses. 8.Subject to the approval of the Director and the Public Works Dep traffic/parking directional signs may be used in conjunction witl device during the period of the special event or grand opening.The number and placement of traffic/parking directional signs may be restricted by the Director or the Publi insure adequate sight distances and traffic safetyclearance are maintained as required in Section 19.104.240. E.Tenant schedule:Shopping centers with approved electronic readerboard signs shal only be allowed building mounted banners.Freestanding temporary or special event signs for individual tenants are not allowed.Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Number of Signs TenantsPermitted 20 to 27 tenants--2 center displays 28 tenants or more--4 center displays F.Portable signs and displays.In addition to special event banners and promotional devices described in subsections C. and D. above, the Director m sign or display for each business location within the abovedescribed zoning districts under the following provisions: 1.Portable signs and displays may not be located in areas, either property, which are used by the public for vehicular or pedestri which in the opinion of the Director, are a threat to the public 2.Portable signs and displays shall not be permanently attached to structure on the premises it is intended to occupy and shall onlbe displayed during business hours. 3.Design review criteria.Portable signs and displays shall be appropriately designed, installed and maintained with special emphasis on the creative d color and material (vibrant and weather resistant).They shall be complementary to the building architecture and the operation of the business area and appearance and texture of the pedestrian shopping experience. 4.Specific standards. Maximum size 8 s.f Minimum height3 ft Maximum height4 ft Maximum width2 ft Min. setback from street curb2 ft -10- 182 Display HoursBusiness hours only Min. pedestrian walkway5 ft Distance from: Bus stop zones and/or bus stop furniture15ft Disable parking zone4 ft Must not be:1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traff benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback area S.f.= square feet; ft = feet 5.Modification of specific standards. The Director may modify the described in subsection F.4. above upon making a finding that sp the site require the application of a modified standard. G.Retail tenants larger than 20,000 square feet may be allowed to for each entrance to the building, up to a maximum of three sign Director. One such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. H.Removal of signs.All banners, devices, signs and displays issued under this secti must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. I.The City, pursuant to Section 19.104.340 of this code, may cause signs and displays remaining after expiration or revocation of t removed. [Section 19.104.280through Section 19.104.320-unchanged] 19.104.330Illegal Signs on Private Property. A.If the Director or his or her designee finds that any sign or ot has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the designee shall inform the owner and the tenant of the property o located, in writing, that the sign or structure must be removed with receipt of the notice, or an application must be made to the DirFailure to take the required action shall result in a criminal or civil on as provided by State law or any legal sanction or remedy set forth in this Code. B.If the Director or his or her designee finds that any temporary is in violation of this title or any other pertinent ordinance of the City, the Directorr his or her designee shall notify the owner of, or tenant using, the sign, in person or writing, t removed. 19.104.340Illegal Signs in Public Right-of-Way oron Public Property. A.Any illegal signs in the public right-of-way or on public property may be removed -11- 183 immediately by the City. B.No notice shall be required prior to removal of illegal signs, i limitation, temporary signs, in the public right-of-way or on public property. C.Any sign removed by the City, except any sign of de minimus valu storage in accord with Section 19.104.360. D.Any political sign placed within the public right-of-way in a parking strip not in compliance with the requirements of Section 19.104.250(C) may be removed and discarded by the adjacent property owner. 19.104.350Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or ot whether conforming with the provisions of this title or any other pertinent City or not, is an immediate peril or menace to the public, to a vehicular traffic, the Director or his or her designee shall cauarily removed. Upon removal, the Director or his or her designee shall hold the Section 19.104.360 and give written notice to the owner. 19.104.360Responsible Party for Costs and Fees for Illegal Signs -Storage and Reclamation of Removed Signs. A. Any cost incurred by the City in the removal, alteration, reloca of any sign pursuant to the provisions of this title or any othe shall be paid by the responsible party. For purposes of this section, responsible party the owner, business entity or person having beneficial enjoyment a political sign, the political candidate and/or officially reco responsible for any public or private political campaign. B. Any sign of de minimus valueremoved by the Director or his or her designeeshall be deemed to be abandoned and may be destroyed by the City after re reclaim such sign shall be given by the City.For purposes of this section, a sign of de minimus value means any sign made of cardboard or other nondurable mater C. Any sign removed by the Director or his or her designee, other than a sign of de minimus value,shall be stored in the City Corporation Yard. D. The responsible party for any removed sign, other than a sign of de minimus value, if known, shall be given written notice to reclaim the signwithin twenty calendar daysfrom the date of the notice, providedthat any cost incurred by the City has been paid, and, if contin display of the sign is desired, a renewal of the permit for the . -12- 184 E. Any sign that remains unclaimed shall be deemed to be abandoned. of the sign. 19.104.370Illegal SignsDeemed Public NuisanceCourt Action Authorized. In the event any person erects, alters, relocates or maintains a provisions of this title, the sign shall be considered a public y Attorney is authorized to bring and prosecute an action in a court of compet person from continuing such violation.The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. 19.104.380Violation Deemed InfractionPenalty. Any person, firm, entity, or corporation violating any provision guilty of an infraction, and upon conviction thereof, shall be p other infractions provided under Chapter 1.10 and/or Chapter 1.12 of this Municipal Cod -13- 185 Attachment B Draft Ordinance No. 12-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.104 (SIGNS) OF THE CUPERTINO MUNICIPAL CODE REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNSAND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1.Statement of Purpose. This ordinance amendment clarifies language regarding placement and related minor clarifications and language streamlining. Section 2.Code Amendment. Certain Sections of Chapter 19.104, entitled Signs, of the Cup amended, to read as shown in Attachment I. Section 3.Severability. Should any provision of this Ordinance, or its application to anperson or circumstance, be determined by a court of competent jurisdiction to be unlawful, determination shall have no effect on any other provision of thi Ordinance to any other person or circumstance and, to that end, the provisions hereof a The City Council declares that it would have adopted this ordina sentence, clause, phrase or portion thereof irrespective of the ne or more sections, subsection, sentence clause, phrases or portions be declared val Section 4.Effective Date. This Ordinance shall take effect and be in force thirty (30) day provided by Government Code Section 36937. Section 5.Certification. The City Clerk shall certify to the passage and adoption of this of its adoption as required by law. Pursuant to Government Code Ordinance maybe published and posted in lieu of publication and posting of th Section 6.CEQA. Because the amendments in this ordinance do not have the potenti significant environmental impacts, this ordinance is exempt fromew pursuant to CEQA Guidelines section 15061(b)(3). Section 7. Continuity. To the extent the provisions of this Ordinance are substantially provisions of the Cupertino Municipal Code, these provisions shauations of those provisions and not as amendments of the earlier provisions 186 at a regular meeting of the Cupertino City Council the ____ day INTRODUCED ___________ 2012 and at a regular meeting of the Cupertino City Council on this ____ ENACTED __________ 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: City ClerkMayor, City of Cupertino -2- 187 Table of Contents (Partial) 19.104.100Signs exempt from permit requirements. [19.104.110 through 19.104.230 not amended] 19.104.240Temporary signsLocation. 19.104.250Temporary signsFlags, garage sales, political signs and subdivision signs. 19.104.260Temporary signsReal estate signs and project announcement signs. 19.104.270Temporary signsSpecial event banners, promotional devices, and portable signs and displays. [19.104.280through 19.104.320 not amended] 19.104.320Abandoned or discontinued signs. 19.104.330Illegal signs on Private Property. 19.104.340Illegal signs in public right-of-wayor on public property. 19.104.350Summary removal authorized. 19.104.360Storage and Reclamation of Removed Signs, Responsibility for rem relocation, demolition or disposal costs/fees. 19.104.370Illegal signsDeemed public nuisanceCourt action authorized. 19.104.380Violation deemed infractionPenalty. 19.104.100Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, provithe following regulations: A.Directory Signs.Directories located within the interior of a project which are n public street; B.Garage Sale Signs.Garage sale signs subject to the limitations in Section 19.104.2 Chapter 5.16 of this code; C.Governmental Signs.Governmental signs for control of traffic and other regulatory p street signs, danger signs, railroad crossing signs, and signs ondicating danger and aids to service or safety; D.Identification Signs.Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, lo shopping mall or office complex; E.Information Signs.Informational or directional signs which are located entirely on property to which they pertain and are less than four square feeNo more than thirty-three percent of the sign area of eachsign can be devoted toward business identification of the busine located on the property; F.Political Signs.Political signs subject to the limitations in Section 19.104.250 -3- 188 G.Public Notices.Public notices or posters as legally required by a government agency; H.Residential Real Estate Signs.Real estate for sale/for lease/for rent signs, subject to the limitations in Section 19.104.260; I.Non-residential Real Estate Signs.Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; J.Street Address Numbers.Address numbers in all districts, providing they are not meant a advertising mechanism; K.Logos, Symbols or Insignias.Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or hi signs are placed on or cut into the structure are not internally squarefeet in area; L.Window Signs.Window signs subject to the limitations in Sections 19.104.150 a One "OPEN" sign not exceeding two square feet and of any materia without penalty towards window coverage limitations; M.Bus Shelter Signs.Signs installed in Santa Clara County Transit Agency bus shelter N.Civic Event Signs.Civic and/or City-sponsored events signs on City property; O.State and/or Federal Mandated Signs.Stateand/or federal mandated signs, including State lottery and certified smog station signs; P.Pedestrian Oriented Blade Signs.Blade signs that are not internally illuminated.Such signs shall be less than six and one-half square feet in area andinstalled at a height between eight feet and twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240Temporary SignsLocation. A.Unless otherwise provided for in this chapter, it is unlawful for any person to, place, paint, mark, or write on, post, attach or otherwise affix, any temporar including but not limited to: sidewalk, crosswalk, curb, curbstone, fence, wall, publicplayground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or o upon any fixture of the fire alarm or police telegraph system or upon a lighting system, public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, utility transformer vaults, or Any other building, structure or device permanently affixed on poperty. -4- 189 B.It is unlawful for any person to place, post or otherwise affix, public right-of-way, except as provided in this chapter.The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. C.Unless otherwise provided for in this chapter, all temporary sigcomply withthe following: Size Use/ Time PeriodLocation Maximum Maximum ZoningReview Criteria AreaHeight Shall not be located on the street or on street medians. Two sides May only be located in the public maximum right-of-way of residential or Shall not be institutional districts illuminated. All signs may Shall maintain 36 inches of clear Shall not restrict, in only be displayed and continuous width along a any way, the safe between sunrise sidewalk or pathway plus any other 4 s.f. per vision of any All3 ft.and sunset,unless area needed for handicapped side vehicular or otherwise accessibility. pedestrian traffic specified in this All parts of the sign shall be set or obstruct any chapter. back minimum 18 inches from the directional or face of the curb or from the edge of safety signs the street, bicycle or vehicle travel permitted by the lane, whichever is the greatest City. distance from the edge of the street, bicycle or vehicle travel lane. D.Unless otherwise specified in this chapter, persons who place temporary signs: 1. On private propertyshall obtain theoral or written consent of the owner or person entitled to possession of that propertyand 2.n public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs E.The provisions of Section 19.104.240(B), (C), and (D) shall not be ap 1.The maintenance of signs affixed or painted upon public or priva 2.The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3.The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenu 4.The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 5.The maintenance of hazard markers or emergency signs. 19.104.250Temporary SignsFlags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processin- Flags, Garage Sales, Political Signs and Subdivision Signs. -5- 190 Table 19.104.250:Temporary Signs -Flags, Garage Sales, Political Signs and Subdivision Signs Size Information Use/ ZoningNumberTime PeriodReview Criteria Maximum Maximum Contained AreaHeight ·Two weeks for each ·In conjunction with a grand opening or special No more special eventpromotional activity. Number subject than 20 ft. Commercialto approval by N/AN/A ·Shall be removed ·Complywithrequirements forSpecial Event above CDD within 5 days after Banners, Promotional Devices, Portable Signs and ground A.Flags special eventDisplays Two flag poles 4 s.f. for each model Same as ResidentialOne yearN/AN/A No more home of a new above than 2 sides development ·Must be a bonafidegarage sale activity as defined in One on-site B. Garage Chapter 5.16 of the Municipal Code 8 s.f.6 ftLength of saleN/A Residential Sales Three off-site ·Off-site signage subject to Section 19.104.240 ·No permit required. 4 s.f.·Until 5 days after ·Subjectto requirements of Section 19.104.240 C. Political election. AllNo limitN/AN/A No more ·Not allowed in the public right-of-way or on public Signs than 2 sidesproperty. ·Shall comply withrequirements of Section 19.104.240 Direct and permit issued by CDD. ·One year or until all customers ·Application shall include a list of all other such signs D. units are sold, Non-32 s.f. per along the most Three6 ft.including sign area and street location. Subdivision whichever occurs first direct route residentialface Signs ·Limited to Subdivisions located in Cupertino . ·Extensions may be through the granted. city ·Two sign faces maximum. ·V shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = 19.104.260Temporary SignsReal Estate Signs and Project Announcement Signs. Table 19.104.260 sets forth the rules, regulations and processin-Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 191 -6- Table 19.104.260:Temporary Signs -Residential Real Estate, Non-residential Real Estate and Project Announcement Signs Size NumberTime PeriodInformation ContainedReview Criteria Maximum Maximum AreaHeight ·One freestanding sign per street frontage. 4 s.f.6 ft.Length of saleN/A·Subject to requirements of Section 19.104.240 ·Two signs maximum. ·One building mounted banner -in 4 s.f.N/ASee aboveN/AN/A A. Residential lieu of one Real Estate freestanding sign. ·One offsite for Between sunrise ·Subject to requirements of Section 19.104.240 4 s.f.N/AN/A sale/rent signand sunset& on-site signage ·Six offsite open house Between sunrise N/AN/AN/A·Subject to requirements of Section 19.104.240 signsand sunset ·Length of sale or time to lease/rent. ·Name of real estate agent or ·No more than two faces. V signs ·One freestanding sign 32 s.f. per ·May be installed up 6 ft. owner, address, phone number prohibited.May not reasonably obstruct per street frontageface to thirty days prior and other pertinent informationvisibility of any permanent ground sign. to any tenant vacancy ·Allowed only if no freestanding sign placed ·One building B. Non- Same as along that street frontage. mounted banner per 32 s.f. per Same as residential real freestanding Same as freestandingsign elevation facing an ·Location shall comply withrequirements of estate facefreestanding sign sign adjacent public street. Section 19.104.140. ·One offsite sign per ·On private property with approval and street frontage Same as consent of property owner on whose property 32 s.f. per Same as ·Maximum of two freestanding Same as freestanding sign sign is to be located. facefreestanding sign signs per off-site sign Subject to requirements of Section 19.104.240 parcel. ·One year or until Names of project and owner, ·New projects under construction, including all units are sold, address, telephone number ·Two freestanding C. Project subdivisions of 5 or more units. whichever occurs Combined contact information, leasing/sale signs or banners 6 ft. Announcement first area: 64 s.f.information, dates of anticipated ·Permit issued by CDD. Sign maximum completion and a list of ·Extensions may be ·Subject to requirements of Section 19.104.240 contractors involved. granted CDD = Community DevelopmentDirector; S.f. =square feet; ft. = feet 192 -7- 19.104.270Temporary SignsSpecial Event Banners, Promotional Devices, and Portable Signs a Displays. A.General Authorization.Special event banners, promotional devices, and portable signs a displays which conform to the provisions of this chapter, are pe office and institutional zoning districts, subjectto the issuance of a permit by the Director . B.Public objectives. 1.Enhance pedestrian experience, activity and convenience. 2.Maintain the economic stability of the City by enhancing vitalit 3.Provide attractive, effective and visible identification reflect business. C.Special event banners.The Director may issue a permit for a Special Event Banner for e business within the commercial,industrial, office and institutional zoning districts under the provisions: 1.The banner shall only be displayed for a maximum of one hundred three hundred sixty-day period. 2.The banner shall be building mounted and have only one face not exceeding one hund square feet in area. 3.The banner shall be placed on a building in accordance with the Section 19.104.140 of this title related to building clearance and roofline levels. 4.Unless otherwise determined by the Director, the display of the tenant schedule for shopping centers as provided in Subsection 1 D.Promotional devices.In addition to special event banners described in subsection C. above, the Director may issue a permit for a promotional device for each bu industrial, office and institutional zoning districts under the 1.For advertising a special event for an existing business, promot displayed for a maximum three-day period, four times within a calendar year. 2.For conducting a grand opening of a new business, promotional deother than search lights, hot air balloons or other extremely large devices as det displayed during the first year of a new business's operations f grand opening of that business. 3.The device shall not displace parking or be located in a landsca 4.The device shall be compatible with adjoining uses, particularly 5.Tethered balloons used for promotional purposes may not exceed twenty-five feet above the building where the special event or grand opening is occurring. 6.Unless otherwise determined by the Director, the display of the tenant schedule for shopping centers as provided in Subsection 19.104.270(E). 7.Subject to the approval of the Director and the Public Works Dep device may be located within the public right of way based upon haveon traffic circulation as well as upon the environment of the su 8.Subject to the approval of the Director and the Public Works Dep directional signs may be used in conjunction with a promotional e during the period of the special -8- 193 event or grand opening.The number and placement of traffic/parking directional signs ma restricted by the Director or the Public Works Department in ord and traffic safety clearance are maintained as required in Section 19.104.240. E.Tenant schedule:Shopping centers with approved electronic readerboard signs shal allowed building mounted banners.Freestanding temporary or special event signs for individual tenants are not allowed.Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of TenantsNumber of Signs Permitted 20 to 27 tenants--2 center displays 28 tenants or more--4 center displays F.Portable signs and displays.In addition to special event banners and promotional devices described in subsections C. and D. above, the Director may issue for each business location within the above described zoning districts under the following provisions: 1.Portable signs and displays may not be located in areas, either which are used by the public for vehicular or pedestrian trafficn the opinion of the Director, are a threat to the public health, safety or we 2.Portable signs and displays shall not be permanently attached to the premises it is intended to occupy and shall only be displayed during business hours. 3.Design review criteria.Portable signs and displays shall be appropriately designed, ins and maintained with special emphasis on the creative design, cha material (vibrant and weather resistant).They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall pedestrian shopping experience. 4.Specific standards. Maximum size 8 s.f Minimum height3 ft Maximum height4 ft Maximum width2 ft Min. setback from street curb2 ft Display HoursBusiness hours only Min. pedestrian walkway5 ft Distance from: Bus stop zones and/or bus stop furniture15 ft Disable parking zone4 ft Must not be:1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traff benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback area S.f. = square feet; ft = feet 5.Modification of specific standards. The Director may modify the in subsection F.4. aboveupon making a finding that special circumstances unique to the s application of a modified standard. G.Retail tenants larger than 20,000 square feet may be allowed to each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to -9- 194 a public right-of-way. H.Removal of signs.All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the spe they pertain. I.The City, pursuant to Section 19.104.340 of this code, may causeces, signs and displays remaining after expiration or revocation of the five da [Section 19.104.280through Section 19.104.320-unchanged] 19.104.330Illegal Signs on Private Property. A.If the Director or his or her designee finds that any sign or other advertising structure has constructed, erected, altered, relocated or maintained in violat any other pertinent ordinance of the City, the Director or his oe shall inform the owner and the tenant of the property on which the sign or structure is structure must be removed within ten calendar days of receipt of made to the Director for sign approval.Failure to take the required action shall result in a criminal o civil sanction as provided by State law or any legal sanction or B.If the Director or his or her designee finds that any temporary gn is in violation of this title or any other pertinent ordinance of the City, the Director or his o or tenant using, the sign, in person or writing, that the sign s 19.104.340Illegal Signs in Public Right-of-Way oron Public Property. A.Any illegal signs in the public right-of-way or on public property may be removed immediately by the City. B.No notice shall be required prior to removal of illegal signs,including, without limitation, temporary signs, in the public right-of-way or on public property. C.Any sign removed by the City, except any sign of de minimus valu accord with Section 19.104.360. 19.104.350Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or conforming with the provisions of this title or any other pertin immediate peril or menace to the public, to any person, or to pedestrian or Director or his or her designee shall cause it to be summarily rUpon removal, the Director or his or her designee shall hold the sign in storage in accord witSection 19.104.360 and give written notice to the owner. 19.104.360Responsible Party for Costs and Fees for Illegal Signs -Storage and Reclamation of Removed Signs. A. Any cost incurred by the City in the removal, alteration, relocaition or disposal of any sign pursuant to the provisions of this title or any other perti the responsible party. For purposes of this section, responsibl -10- 195 entity or person havingbeneficial enjoyment of the sign and, in the case of a political candidate and/or officially recognized/designated entity respons campaign. B. Any sign removed by the Director or his or her designee shall be stored in the City Corporation Yard. C. The responsible party for any removed sign, if known, shal sign and charged a sign removal fee. 1. For signs of de minimus value, three calendar days shallbe given to reclaim the sign. For purposes of this section, a signof de minimus value means any signmade of cardboard or other nondurable material. 2. For all other signs, twenty calendar days shall be given to r D.Any sign that remains unclaimed shall be deemed to be abandoned. The City may sign and charge a disposal fee. 19.104.370Illegal SignsDeemed Public NuisanceCourt Action Authorized. In the event any person erects, alters, relocates or maintainsa sign in violation of the provisions of this title, the sign shall be considered a public nuisance and t and prosecute an action in a court of competent jurisdiction to violation.The procedures for nuisance abatement are contained in Chapter 1 Code. 19.104.380Violation Deemed InfractionPenalty. Any person, firm, entity, or corporation violating any provisiony of an infraction, and upon conviction thereof, shall be punished provided under Chapter 1.10 and/or Chapter 1.12 of this Municipa G:\Planning\PDREPORT\ORD\2012\MCA-2012-01Ordinance-Staff ORD.docx -11- 196 Attachment C RESOLUTION NO: 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION 12-033 TO AMEND SCHEDULE A OF THE FEE SCHEDULE WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees;and WHEREAS, the City Council of the City of Cupertino has established a sign disposal fee for abandoned illegal signs that are picked up by the City. NOW, THEREFORE, BE IT RESOLVED that: 1.Approve amended user fees per attached Schedule A. 2.Amended userfees are effective October 6, 2012 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7thday of August,2012by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________________ City ClerkMayor, City of Cupertino 197 CITY OF CUPERTINO Resolution 12-XX Fees Effective October 6, 2012 Schedule A - General Photocopies - persheet Standard sizes$0.21 For 11 x 17 sizes or color sheets$0.50 Microfilm/Microfiche Printout$0.51/frame Budget Documents - CD Only$13.00 each Comprehensive Annual Financial Reports (CAFR)-CD Only$13.00 each Returned Check Charge$25.00 Late Payment on 30 Day Delinquent City Invoices12% per annum $40/book/block/parcel lien Property Liens Administrative Fee Municipal Code BookVendor Invoice Williamson Act Filings$105.00 Current County Registrar Cost Candidate Statement Fee (County Regulated Fee) Video/Audio Service VHS$13.00/tape DVD$21.00/DVD CD$13.00/CD Audio Cassette$2.20/tape Notary Fee (State Regulated Fee)$10.00/signature Fingerprinting Processing (State $32 plus County Fee $20)$52.00 Handbill Permit$63.00 Renewals$32.00 Solicitor Permit (Includes fingerprinting)$95.00 Renewals$47.00 Massage Establishment Fee (Includes fingerprinting/background$359.00 check and business start-up inspection) Establishment with Therapist Permit$390.00 Renewals (Includes two inspections per year)$93.00 Massage Therapist Fee (Includes fingerprinting/background ck)$298.00 Therapist with Managing Employee$329.00 Renewals$62.00 198 CITY OF CUPERTINO Resolution 12-XX Fees Effective October 6, 2012 Schedule A - General Massage Managing Employee (Includes fingerprint/bkgrnd ck)$298.00 Managing Employee with Therapist Permit$329.00 Renewals$62.00 Massage Permit Appeal (Denial/Revocation)$160.00 Taxi Driver Permit (Includes fingerprinting/background check$315.00 Renewals$189.00 All Municipal Code Parking Violations (including County and State fees) $60.00 CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) $25.00 Noise Variances$183.00 Duplicate Business Licenses$28.00 Small Income Business License$66.00 Business License Database$108.00 New Business Monthly Reports$23.00/month Community Festivals$9.10/day/vendor Farmers Market $2.30/week/vendor Flea Markets $9.80/month/vendor Sign Removal (Public Right-of-Way)$5.00/sign Sign Disposal (Public Right-of-Way)$59.00/one-time Dangerous Dog Annual Registration Fee$189.00 Internet Processing Fee$2.00/transaction False Alarms$156.00 Petitions for Reconsideration$267.00 Abatement FeeActual Cost * Compilation of New Records (requests greater than 1/2 hour)Actual Cost * Graffiti CleanupActual Cost * Event Video Taping/EditingActual Cost * Damage to City PropertyActual Cost * Grounds, Streets, Facilities, Traffic Engineering/Maintenance Code EnforcementActual Cost * 199 CITY OF CUPERTINO Resolution 12-XX Fees Effective October 6, 2012 Schedule A - General Public Requests for GIS Printed Maps Standard pre-formatted maps Plotted maps$26.00 Printed maps$2.00 Custom request mapsActual Cost * Prints or plots of aerial photography, see Engineering fees Public Requests for GIS Data Digital data layers for GIS data$26.00/layer $204.00 for all city layers Custom request data layers on CD-ROMActual Cost * Ortho-rectified aerial photography$26.00/tile $306.00 full City of Cupertino (153 tiles) Vendor Invoice plus 10% Outside Agency Review / Services City Admin Fee * Actual cost is: 1) Employee hourly rate plus 55% for benefits and overhead, and 2) cost of materials, contractors, and supplies. 200 Attachment D PCRecommendation Table of Contents (Partial) 19.104.100Signs exempt from permit requirements. [19.104.110 through 19.104.230 not amended] 19.104.240Temporary signsLocation. 19.104.250Temporary signsFlags, garagesales, political signs and subdivision signs. 19.104.260Temporary signsReal estate signs and project announcement signs. 19.104.270Temporary signsSpecial event banners, promotional devices, and portable signs a displays. [19.104.280through 19.104.320 not amended] 19.104.320Abandoned or discontinued signs. 19.104.330Illegal signsNotice requiredSummary removal authorized whenonPrivate Property. 19.104.340Authority to remove iIllegal signs in public right-of-wayor on public property. 19.104.350Storage of removed signsSummary removal authorized. 19.104.360Storage and Reclamation of Removed Signs,OwnerrResponsibilitylefor removal, alteration,orrelocation, demolition or disposalcosts/fees. 19.104.370Illegal signsDeemed public nuisanceCourt action authorized. 19.104.380Violation deemed infractionPenalty. 19.104.100Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing following regulations: A.Directory Signs.Directories located within the interior of a project which are n public street; B.Garage Sale Signs.Garage sale signs subject to the limitations in Section 19.104.2 Chapter 5.16 of this code; C.Governmental Signs.Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs o danger and aids to service or safety; D.Identification Signs.Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, lo shopping mall or office complex; E.Information Signs.Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feeNo more than thirty-three percent of the sign area of each sign can be devoted toward busi located on the property; 201 F.TemporaryPolitical Signs.Temporary pPolitical signs subject to the limitations in Section 19.104.250; G.Public Notices.Public notices or posters as legally required by a government ag H.Residential Real Estate Signs.Real estate for sale/for lease/for rent signs, subject to the limitations in Section 19.104.260; I.Non-residential Real Estate Signs.Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; J.Street Address Numbers.Address numbers in all districts, providing they are not meant a advertising mechanism; K.Logos, Symbols or Insignias.Logos, symbols or insignias, commemorative plaques of recognition andidentification emblems of religious orders or historical agencie signs are placed on or cut into the structure are not internally square feet in area; L.Window Signs.Window signs subjectto the limitations in Sections 19.104.150 and 19.104.290. One "OPEN" sign not exceeding two square feet and of any materia without penalty towards window coverage limitations; M.Bus Shelter Signs.Signs installed in Santa Clara County Transit Agency bus shelters; N.Civic Event Signs.Civic and/or City-sponsored events signs on City property; O.State and/or Federal Mandated Signs.State and/or federal mandated signs, including State lottery and certified smog station signs; P.Pedestrian Oriented Blade Signs.Blade signs that are not internally illuminated.Such signs shall be less than six and one-half square feet in area and installed at a height between eight twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240Temporary SignsLocation. A.Unless otherwise provided for in this chapter, it is unlawful Noperson shallfor any person to, place,paint, mark, or write on, post, attach or otherwise affix, any t public property, including but not limited to: public property,sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or o upon any fixture of the fire alarm or police telegraph system orupon a lighting system, public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, 202 utility transformer vaults, or Any other building, structure or device permanently affixed on p B.No temporary sign shall beIt is unlawful for any person toplaced, postedor Clarification otherwise affixed, any temporary sign,in the public right-of-way, except as provided in this sectionCchapter.The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. Temporary signs may only be Readability –Moved located in the public right-of-way of a residential or institutional district, as defined to 19.104.240(C) in this Ttitle. C.Unless otherwise provided for in this chapter, all temporary sig, whether or not located in the public right-of-wayshall meet comply withthefollowing: Size Use/ Time PeriodLocation Maximum Maximum ZoningReview Criteria AreaHeight Shall not be located on the street or on street medians. May only be located in the public right-of-way of residential or Clarification institutional districts Two sides Shall not be located on private maximum Except Political property without oral or written Shall not be Signs, aAll signs consent of the owner or person illuminated. must be removed entitled to possession of said Shall not restrict, in at may only be property. any way, the safe 4 s.f. per displayed between Shall maintain 36 inches of clear All3 ft. vision of any sidesunrise and and continuous width along a vehicular or sunset,unless sidewalk or pathway plus any other pedestrian traffic or otherwise area needed for handicapped obstruct any specified in this accessibility. directional or safety chapter. All parts of the sign shall be set signs permitted by back minimum 18 inches from the the City. face of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. D.Unless otherwise specified in this chapter, persons who place temporary signs: Readability –Moved 1. On private propertyshall obtain theoral or written consent of the owner or from19.104.240(C) person entitled to possession of thatpropertyand 2.Persons who place temporary signs iIn public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident( temporary signs. E.The provisions of Section 19.104.240(B), (C), and (D) shall notbe applicable to the following: 1.The maintenance of signs affixed or painted upon public or priva 2.The maintenance of signs affixed to Santa Clara County Transit D 3.Themaintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenu 4.The maintenance of banners affixed to the top of the City-owned light poles located over 203 Stevens Creek and De Anza Boulevards; and 5.The maintenance of hazard markers or emergency signs. 19.104.250Temporary SignsFlags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs. 204 Table 19.104.250:Temporary Signs -Flags, Garage Sales, Political Signs and Subdivision Signs SizeReview Criteria Information Use/ ZoningNumberTime Period Maximum Maximum Contained AreaHeight ·Two weeks for each ·In conjunction with a grand opening or special No more special eventpromotional activity. Number subject than 20 ft. Commercialto approval by N/AN/A ·Shall be removed ·MeetsComplywithrequirements with regard tofor above CDD within 5 days after Special Event Banners, Promotional Devices, Portable ground A.Flags special eventSigns and Displays Two flag poles 4 s.f. for each model Same as ResidentialOne yearN/AN/A No more home of a new above than 2 sides development ·Must be a bonafidegarage sale activity as defined in One on-site B. Garage Chapter 5.16 of the Municipal Code 8 s.f.6 ftLength of saleN/A Residential Sales Three off-site ·Off-site signage subject to Section 19.104.240 ·No permit required. ·Subject to requirements of Section 19.104.240 ·Until 5 days after Redundancy election. ·Within the public right-of-way only allowed in a park strip adjacent to the sidewalk with authorization ·If not removed within 4 s.f. C. Temporary fromtheimmediately adjacent property owner time limit, City may AllNo limitN/AN/A Political No more and/orresident. remove signs subject to Signs than 2 sides Section 19.104.300- ·If the Director of Public Works finds that a sign 19.104.380 otherwise permitted, is an immediate peril or menace to pedestrian or vehicle traffic, he or she may cause it Redundancy to be removed summarily pursuant to Section 19.104.330(C) ·Shall meetcomply withrequirements of Section 19.104.240 and permit issued by CDD. Direct ·One year or until all customers ·Application shall include a list of all other such signs units are sold, D. Non-32 s.f. per along the most including sign area and street location. whichever is Three6 ft. Subdivision residentialfacedirect route sooneroccurs first ·Limited to Subdivisions not located in Cupertino shall Signs through the not be permitted such signs. ·Extensions may be city granted. ·Two sign faces maximum. ·V shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = 19.104.260Temporary SignsReal Estate Signs and Project Announcement Signs. Table 19.104.260 sets forth the rules, regulations and processin-Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 205 Table19.104.260:Temporary Signs -Residential Real Estate, Non-residential Real Estate and Project Announcement Signs Size NumberTime PeriodInformation ContainedReview Criteria Maximum Maximum AreaHeight ·One freestanding sign per street frontage. 4 s.f.6 ft.Length of saleN/A·Subject to requirements of Section 19.104.240 ·Two signs maximum. ·One building N/A mounted banner -in 4 s.f.N/ASee aboveN/A lieu of one A. Residential freestanding sign. Real Estate Remove at ·One offsite for ·Subject to requirements of Section 19.104.240 4 s.f.N/AsunsetBetween N/A sale/rent sign& on-site signage sunrise and sunset Remove at ·Six offsite open house N/AN/AsunsetBetween N/A·Subjectto requirements of Section 19.104.240 signs sunrise and sunset ·Length of sale or ·No more than two faces. V signs time to lease/rent.prohibited.May not reasonably obstruct ·Name of real estate agent or visibility of any permanent ground sign. ·One freestanding sign 32 s.f. per ·May be installed up 6 ft. owner, address, phone number per street frontageface to thirty days prior and other pertinent information to any tenant vacancy ·Allowed only if no freestanding sign placed ·One building B. Non- Same as along that street frontage. mounted banner per 32 s.f. per Same as residential real freestanding Same as freestanding sign elevation facing an ·Location shall meet comply with facefreestanding sign estate sign adjacent public street. requirements of Section 19.104.140. ·One offsite sign per ·On private property with approval and street frontageconsent of property owner on whose property Same as 32 s.f. per Same as sign is to be located. ·Maximum of two freestanding Same as freestanding sign facefreestanding sign signs per off-site sign Shall meetSubject torequirements of Section parcel. 19.104.240 ·One year or until Names of project and owner, ·New projects under construction, including all units are sold, address, telephone number ·Two freestanding C. Project subdivisions of 5 or more units. whichever is Combined contact information, leasing/sale signs or banners 6 ft. Announcement sooneroccurs first area: 64 s.f.information, dates of anticipated ·Permit issued by CDD. Sign maximum completion and a list of ·Extensions may be ·Subject to requirements of Section 19.104.240 contractors involved. granted CDD = Community Development Director; S.f. =square feet; ft. = f 206 19.104.270Temporary SignsSpecial Event Banners, Promotional Devices, and Portable Signs a Displays. A.General Authorization.Special event banners, promotional devices, and portable signs a displays which conform to the provisions of this chapter, are permitted in all commercial, industrial, office and institutional zoning districts,subject to the issuance of a permit by the Director which conforms to the provisions of this section. B.Public objectives. 1.Enhance pedestrian experience, activity and convenience. 2.Maintain the economic stability of the City by enhancing vitality of business. 3.Provide attractive, effective and visible identification reflect business. C.Special event banners.The Director may issue a permit for a Special Event Banner for each business within the above-described commercial, industrial, office and institutional zoning districts under the following provisions: 1.The banner shall only be displayed for a maximum of one hundred wenty days within a three hundred sixty-day period. 2.The banner shall be building mounted and have only one face not square feet in area. 3.The banner shall be placed on a building in accordance with thelimitations specified in Section 19.104.140 of this title related to building clearance a 4.Unless otherwise determined by the Director, the display of the tenantschedule for shopping centers as provided in Subsection 19.104.2 D.Promotional devices.In addition to special event banners described in division subsection C. above, the Director may issue a permit for a promotional device ess within the above- describedcommercial, industrial, office and institutionalzoning districts under the following provisions: 1.For advertising a special event for an existing business, promot displayed for a maximum three-day period, four times within a calendar year. 2.For conducting a grand opening of a new business, promotional de lights, hot air balloons or other extremely large devices as det displayed during the first year of a new business's operations for grand opening of that business. 3.The device shall not displace parking or be located in a landsca 4.The device shall be compatible with adjoining uses, particularly 5.Tethered balloons used for promotional purposes may not exceed t-five feet above the building where the special event or grand opening is occurring. 6.Unless otherwise determined by the Director, the display of the tenant schedule for shopping centers as provided in Subsection 1 7.Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon have on traffic circulation as well as upon the environment of t 207 8.Subject to the approval of the Director and the Public Works Department, traffic/p directional signs may be used in conjunction with a promotional event or grand opening.The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in ord and traffic safety clearance are maintained as required in Secti E.Tenant schedule:Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners.Freestanding temporary or special event signs for individual tenants are not allowed.Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of TenantsNumber of Signs Permitted 20 to 27 tenants--2 center displays 28 tenants or more--4 center displays F.Portable signs and displays.In addition to special event banners and promotional devices described in divisions subsections C. and D. above, the Director may issue a permit for a portable or display for each business location within the above described zoning districts under the following provisions: 1.Portable signs and displays may not be located in areas, either which are used by the public for vehicular or pedestrian trafficeas, which in the opinion of the Director, are a threat to the public health, safety or we 2.Portable signs and displays shall not be permanently attached to the premises it is intended to occupy and shall only be displayed during business hours. 3.Design review criteria.Portable signs and displays shall be appropriately designed, ins and maintained with special emphasis on the creative design, cha material (vibrant and weather resistant).They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall pedestrian shopping experience. 4.Specific standards. Maximum size 8 s.f Minimum height3 ft Maximum height4 ft Maximum width2 ft Min. setback from street curb2 ft Display HoursBusiness hours only Min. pedestrian walkway5 ft Distance from: Bus stop zones and/or bus stop furniture15 ft Disable parking zone4 ft Must not be:1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traff benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback area S.f. = square feet; ft = feet 5.Modification of specific standards. The Director may modify the in division subsection F.4. aboveupon making a finding that special circumstances unique to the s require the application of a modified standard. 208 G.Retail tenants larger than 20,000 square feet may be allowed to each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. H.Removal of signs.All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the spe they pertain. I.The City, pursuant to Section 19.104.340 of this code, may causee banners, devices, signs and displays remaining after expiration or revocation of the above-described five day period to be removed. [Section 19.104.280through Section 19.104.320-unchanged] 19.104.330Illegal Signson Private PropertyNotice RequiredSummary Removal Authorized When. A.If the Director or his or her designee finds that any sign or ot constructed, erected, altered, relocated or maintained in violat any other pertinent ordinance of the City, the Director or his or her designee shall inform the own and the tenant of the property on which the sign or structure is structure must be removed within ten calendar days of receipt of the notice, or an application must be made to the Director for sign approval.Failure to take the required action shall result in a criminal o civil sanction as provided by State law or any legal sanction or B.If the Director or his or her designee finds that any temporary or advertising device is in violation of this title or any other pertinent ordinance of the shall notify the owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C.If the Director or his or her designee finds that any sign or ot whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his or her designee shall cause it tUpon removal, the Director or his or her designee shall give written 19.104.340Authority to RemoveIllegal Signs in Public Right-of-Wayoron Public Property. A.Any illegal signs in the public right-of-way or on public property may be removed immediately by the City. B.No notice shall be required prior to removalof illegal signs, including, without limitation, temporary signs, in the public right-of-wayor on public property. C.Any sign removed by the City, except any sign of de minimus valu in accord withSection 19.104.360.and the owner or other person in control of such sign, if known, be given written notice and twenty days to reclaim such sign. D.Any political sign placed within the public right-of-way in a parking strip not in compliance with the requirements of Section 19.104.250(C)may be removed and discarded by theadjacent property owner. D.Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the City after removal. No opp 209 shall be given by the City. E.For purposes of this section, any sign, made of cardboard or othmaterial shall be deemed to be of de minimus value. 19.104.350Storage of Removed SignsSummary Removal Authorized When. A. If the Director or his or her designee finds that any sign or ot conforming with the provisions of this title or any other pertinent ordinance of theor not, is an immediate peril or menace to the public, or to any person, or to pedestrian or vehicular traffic, the Director or his or her designee shall cause it to be summarily rUpon removal, the Director or his or her designee shall hold the sign in storage in accord 60 and give written notice to the owner. Any sign removed by the Director or his or her designee, other than those referred to in Section 19.104.340,shall be stored in the City corporation yardand may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured.If signs are not claimed within twenty days after removal by the City, the City shall dispose of the signs. 19.104.360OwnerResponsible PartyforRemoval, Alteration or RelocationCostsand Feesfor Illegal Signs-and Storage and Reclamation of Removed Signs. A.Any cost incurred by the City in the removal, alteration,orrelocation, demolition or disposalof any sign pursuant to the provisions of this title or any other p paid by the paid by the owner or person having beneficial enjoyment of the property upon sign is located.responsible party.For purposes of this section, responsible partymeansthe owner, business entity or person having beneficial enjoyment of the sig political candidate and/or officially recognized/designated enti private political campaign. B. Any sign of de minimus valueremoved by the Director or his or her designeeshall be deemed to be abandoned and may be destroyed by the City after removal. sign shall be given by the City.For purposes of this section, asign of de minimus value means any sign made of cardboard or other nondurable material. C.Any sign removed by the Director or his or her designee, other thanasign of de minimus value,shall be stored in the City Corporation Yard. D. The responsible partyfor any removed sign,other than asignof de minimus value, if known, shall be given written notice to reclaim the signwithin twenty calendar daysfrom the date of the notice, provided that any cost incurred by the City has been paicontinued display of the sign is desired, a renewal of the permit for the sign is secured. E.Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the sign. 19.104.370Illegal SignsDeemed Public NuisanceCourt Action Authorized. In the event any person should erects, alters, relocatesor maintainsa sign in violation of the provisions of this title, the sign shall be considered a public authorized to bring and prosecute an action in a court of compet from continuing such violation.The procedures for nuisance abatement are contained in Chapter 1 of this Municipal Code. 19.104.380Violation Deemed InfractionPenalty. 210 Any person, firm,entity,or corporation violating any provisions of this title shall be dy of an infraction, and upon conviction thereof, shall be punished provided under Chapter 1.10 and/or Chapter 1.12 of this Municipal Code. 211 Attachment E StaffRecommendation Table of Contents (Partial) 19.104.100Signs exempt from permit requirements. [19.104.110 through 19.104.230 not amended] 19.104.240Temporary signsLocation. 19.104.250Temporary signsFlags, garage sales, political signs and subdivision signs. 19.104.260Temporary signsReal estate signs and project announcement signs. 19.104.270Temporary signsSpecial event banners, promotional devices, and portable signs a displays. [19.104.280through 19.104.320 not amended] 19.104.320Abandoned or discontinued signs. 19.104.330Illegal signsNotice requiredSummary removal authorized whenonPrivate Property. 19.104.340Authority to remove iIllegal signs in public right-of-wayor on public property. 19.104.350Storage of removed signsSummary removal authorized. 19.104.360Storage and Reclamation of Removed Signs,OwnerrResponsibilitylefor removal, alteration,orrelocation, demolition or disposalcosts/fees. 19.104.370Illegal signsDeemed public nuisanceCourt action authorized. 19.104.380Violation deemed infractionPenalty. 19.104.100Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing following regulations: A.Directory Signs.Directories located within the interior of a project which are n public street; B.Garage Sale Signs.Garage sale signs subject to the limitations in Section 19.104.2 Chapter 5.16 of this code; C.Governmental Signs.Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs o danger and aids to service or safety; D.Identification Signs.Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, lo shopping mall or office complex; E.Information Signs.Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feeNo more than thirty-three percent of the sign area of each sign can be devoted toward busi located on the property; 212 F.TemporaryPolitical Signs.Temporary pPolitical signs subject to the limitations in Section 19.104.250; G.Public Notices.Public notices or posters as legally required by a government ag H.Residential Real Estate Signs.Real estate for sale/for lease/for rent signs, subject to the limitations in Section 19.104.260; I.Non-residential Real Estate Signs.Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; J.Street Address Numbers.Address numbers in all districts, providing they are not meant a advertising mechanism; K.Logos, Symbols or Insignias.Logos, symbols or insignias, commemorative plaques of recognition andidentification emblems of religious orders or historical agencie signs are placed on or cut into the structure are not internally square feet in area; L.Window Signs.Window signs subjectto the limitations in Sections 19.104.150 and 19.104.290. One "OPEN" sign not exceeding two square feet and of any materia without penalty towards window coverage limitations; M.Bus Shelter Signs.Signs installed in Santa Clara County Transit Agency bus shelters; N.Civic Event Signs.Civic and/or City-sponsored events signs on City property; O.State and/or Federal Mandated Signs.State and/or federal mandated signs, including State lottery and certified smog station signs; P.Pedestrian Oriented Blade Signs.Blade signs that are not internally illuminated.Such signs shall be less than six and one-half square feet in area and installed at a height between eight twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240Temporary SignsLocation. A.Unless otherwise provided for in this chapter, it is unlawful Noperson shallfor any person to, place,paint, mark, or write on, post, attach or otherwise affix, any t public property, including but not limited to: public property,sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or o upon any fixture of the fire alarm or police telegraph system orupon a lighting system, public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, 213 utility transformer vaults, or Any other building, structure or device permanently affixed on p B.No temporary sign shall beIt is unlawful for any person toplaced, postedor Clarification otherwise affixed, any temporary sign,in the public right-of-way, except as provided in this sectionCchapter.The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. Temporary signs may only be Readability –Moved located in the public right-of-way of a residential or institutional district, as defined to 19.104.240(C) in this Ttitle. C.Unless otherwise provided for in this chapter, all temporary sig, whether or not located in the public right-of-wayshall meet comply withthefollowing: Size Use/ Time PeriodLocation Maximum Maximum ZoningReview Criteria AreaHeight Shall not be located on the street or on street medians. May only be located in the public right-of-way of residential or Clarification institutional districts Two sides Shall not be located on private maximum Except Political property without oral or written Shall not be Signs, aAll signs consent of the owner or person illuminated. must be removed entitled to possession of said Shall not restrict, in at may only be property. any way, the safe 4 s.f. per displayed between Shall maintain 36 inches of clear All3 ft. vision of any sidesunrise and and continuous width along a vehicular or sunset,unless sidewalk or pathway plus any other pedestrian traffic or otherwise area needed for handicapped obstruct any specified in this accessibility. directional or safety chapter. All parts of the sign shall be set signs permitted by back minimum 18 inches from the the City. face of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. D.Unless otherwise specified in this chapter, persons who place temporary signs: Readability –Moved 1. On private propertyshall obtain theoral or written consent of the owner or from19.104.240(C) person entitled to possession of that propertyand 2.Persons who place temporary signs Iin public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident( temporary signs. E.The provisions of Section 19.104.240(B), (C), and (D) shall notbe applicable to the following: 1.The maintenance of signs affixed or painted upon public or priva 2.The maintenance of signs affixed to Santa Clara County Transit D 3.Themaintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenu 4.The maintenance of banners affixed to the top of the City-owned light poles located over 214 Stevens Creek and De Anza Boulevards; and 5.The maintenance of hazard markers or emergency signs. 19.104.250Temporary SignsFlags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs. 215 Table 19.104.250:Temporary Signs -Flags, Garage Sales, Political Signs and Subdivision Signs SizeReview Criteria Information Use/ ZoningNumberTime Period Maximum Maximum Contained AreaHeight ·Two weeks for each ·In conjunction with a grand opening or special No more special eventpromotional activity. Number subject than 20 ft. Commercialto approval by N/AN/A ·Shall be removed ·MeetsComplywithrequirements with regard tofor above CDD within 5 days after Special Event Banners, Promotional Devices, Portable ground A.Flags special eventSigns and Displays Two flag poles 4 s.f. for each model Same as ResidentialOne yearN/AN/A No more home of a new above than 2 sides development ·Must be a bonafidegarage sale activity as defined in One on-site B. Garage Chapter 5.16 of the Municipal Code 8 s.f.6 ftLength of saleN/A Residential Sales Three off-site ·Off-site signage subject to Section 19.104.240 ·No permit required. ·Until 5 days after Redundancy ·Subject to requirements of Section 19.104.240 election. ·Not allowed in the public right-of-wayor on public ·If not removed within 4 s.f. C. Temporary property. time limit, City may AllNo limitN/AN/A Political No more remove signs subject to ·If the Director of Public Works finds that a sign Signs than 2 sides Section 19.104.300- otherwise permitted, is an immediate peril or menace 19.104.380 to pedestrian or vehicle traffic, he or she may cause it to be removed summarily pursuant to Section Redundancy 19.104.330(C) ·Shall meetcomply withrequirements of Section 19.104.240 and permit issued by CDD. Direct ·One year or until all customers ·Application shall include a list of all other such signs units are sold, D. Non-32 s.f. per along the most including sign area and street location. whichever is Three6 ft. Subdivision residentialfacedirect route sooneroccurs first ·Limited to Subdivisions not located in Cupertino shall Signs through the not be permitted such signs. ·Extensions may be city granted. ·Two sign faces maximum. ·V shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = 19.104.260Temporary SignsReal Estate Signs and Project Announcement Signs. Table 19.104.260 sets forth the rules, regulations and processing applicable to Temporary Signs -Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 216 Table 19.104.260:Temporary Signs -Residential Real Estate, Non-residential Real Estate and Project Announcement Signs Size NumberTime PeriodInformation ContainedReview Criteria Maximum Maximum AreaHeight ·One freestanding sign per street frontage. 4 s.f.6 ft.Length of saleN/A·Subject to requirements of Section 19.104.240 ·Two signs maximum. ·One building N/A mounted banner -in 4 s.f.N/ASee aboveN/A lieu of one A. Residential freestanding sign. Real Estate Remove at ·One offsite for ·Subject to requirements of Section 19.104.240 4 s.f.N/AsunsetBetween N/A sale/rent sign& on-site signage sunrise and sunset Remove at ·Six offsite open house N/AN/AsunsetBetween N/A·Subject to requirements of Section 19.104.240 signs sunrise and sunset ·Length of sale or ·No more than two faces. V signs time to lease/rent.prohibited.May not reasonably obstruct ·Name of real estate agent or visibility of any permanent ground sign. ·One freestanding sign 32 s.f. per ·May be installed up 6 ft. owner, address, phone number per street frontageface to thirty days prior and other pertinent information to any tenant vacancy ·Allowed only if no freestanding sign placed ·One building B. Non- Same as along that street frontage. mounted banner per 32 s.f. per Same as residential real freestanding Same as freestanding sign elevation facing an ·Location shall meet comply with facefreestanding sign estate sign adjacent public street. requirements of Section 19.104.140. ·One offsite sign per ·On private property with approval and street frontageconsent of property owner on whose property Same as 32 s.f. per Same as sign is to be located. ·Maximum of two freestanding Same as freestanding sign facefreestanding sign signs per off-site sign Shall meetSubject torequirements of Section parcel. 19.104.240 ·One year or until Names of project andowner, ·New projects under construction, including all units are sold, address, telephone number ·Two freestanding C. Project subdivisions of 5 or more units. whichever is Combined contact information, leasing/sale signs or banners 6 ft. Announcement sooneroccurs first area: 64 s.f.information, dates of anticipated ·Permit issued by CDD. Sign maximum completion and a list of ·Extensions may be ·Subject to requirements of Section 19.104.240 contractors involved. granted CDD = Community Development Director; S.f. =square feet; ft. = f 217 19.104.270Temporary SignsSpecial Event Banners, Promotional Devices, and Portable Signs a Displays. A.General Authorization.Special event banners, promotional devices, and portable signs a displays which conform to the provisions of this chapter, are permitted in all commercial, industrial, office and institutional zoning districts,subject to the issuance of a permit by the Director which conforms to the provisions of this section. B.Public objectives. 1.Enhance pedestrian experience, activity and convenience. 2.Maintain the economic stability of the City by enhancing vitality of business. 3.Provide attractive, effective and visible identification reflect business. C.Special event banners.The Director may issue a permit for a Special Event Banner for each business within the above-described commercial, industrial, office and institutional zoning districts under the following provisions: 1.The banner shall only be displayed for a maximum of onehundred twenty days within a three hundred sixty-day period. 2.The banner shall be building mounted and have only one face not square feet in area. 3.The banner shall be placed on a building in accordance with the limitations specified in Section 19.104.140 of this title related to building clearance a 4.Unless otherwise determined by the Director, the display of the the tenant schedule for shopping centers as provided in Subsection 1 D.Promotional devices.In addition to special event banners described in division subsection C. above, the Director may issue a permit for a promotional device each business within the above- describedcommercial, industrial, office and institutionalzoning districts under the following provisions: 1.For advertising a special event for an existing business, promot displayed for amaximum three-day period, four times within a calendar year. 2.For conducting a grand opening of a new business, promotional de lights, hot air balloons or other extremely large devices as detmay be displayed during the first year of a new business's operations f grand opening of that business. 3.The device shall not displace parking or be located in a landsca 4.The device shall be compatible with adjoining uses, particularly 5.Tethered balloons used for promotional purposes may not exceed t-five feet above the building where the special event or grand opening is occurring. 6.Unless otherwise determined by the Director, the display of the tenant schedule for shopping centers as provided in Subsection 1 7.Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon have on traffic circulation as well as upon the environment of t 218 8.Subject to the approval of the Director and the Public Works Department, directional signs may be used in conjunction with a promotional event or grand opening.The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in ord and traffic safety clearance are maintained as required in Secti E.Tenant schedule:Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners.Freestanding temporary or special event signs for individual tenants are not allowed.Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of TenantsNumber of Signs Permitted 20 to 27 tenants--2 center displays 28 tenants or more--4 center displays F.Portable signs and displays.In addition to special event banners and promotional devices described in divisions subsections C. and D. above, the Director may issue a permit for a portable or display for each business location within the above described zoning districts under the following provisions: 1.Portable signs and displays may not be located in areas, either which are used by the public for vehicular or pedestrian trafficeas, which in the opinion of the Director, are a threat to the public health, safety or we 2.Portable signs and displays shall not be permanently attached to the premises it is intended to occupy and shall only be displayed during business hours. 3.Design review criteria.Portable signs and displays shall be appropriately designed, ins and maintained with special emphasis on the creative design, cha material (vibrant and weather resistant).They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall pedestrian shopping experience. 4.Specific standards. Maximum size 8 s.f Minimum height3 ft Maximum height4 ft Maximum width2 ft Min. setback from street curb2 ft Display HoursBusiness hours only Min. pedestrian walkway5 ft Distance from: Bus stop zones and/or bus stop furniture15 ft Disable parking zone4 ft Must not be:1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traff benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback area S.f. = square feet; ft = feet 5.Modification of specific standards. The Director may modify the in division subsection F.4. aboveupon making a finding that special circumstances unique to the s require the application of a modified standard. 219 G.Retail tenants larger than 20,000 square feet may be allowed to each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. H.Removal of signs.All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the spe they pertain. I.The City, pursuant to Section 19.104.340 of this code, may causee banners, devices, signs and displays remaining after expiration or revocation of the above-described five day period to be removed. [Section 19.104.280through Section 19.104.320-unchanged] 19.104.330Illegal Signson Private PropertyNotice RequiredSummary Removal Authorized When. A.If the Director or his or her designee finds that any sign or ot constructed, erected, altered, relocated or maintained in violat any other pertinent ordinance of the City, the Director or his or her designee shall inform the own and the tenant of the property on which the sign or structure is structure must be removed within ten calendar days of receipt of the notice, or an application must be made to the Director for sign approval.Failure to take the required action shall result in a criminal o civil sanction as provided by State law or any legal sanction or B.If the Director or his or her designee finds that any temporary or advertising device is in violation of this title or any other pertinent ordinance of the shall notify the owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C.If the Director or his or her designee finds that any sign or ot whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his or her designee shall cause it tUpon removal, the Director or his or her designee shall give written 19.104.340Authority to RemoveIllegal Signs in Public Right-of-Wayoron Public Property. A.Any illegal signs in the public right-of-way or on public property may be removed immediately by the City. B.No notice shall be required prior to removalof illegal signs, including, without limitation, temporary signs, in the public right-of-wayor on public property. C.Any sign removed by the City, except any sign of de minimusvalue, shall be held in storage in accord withSection 19.104.360.and the owner or other person in control of such sign, if known, shall be given written notice and twenty days to reclaim such sign. D.Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the City after removal. No opp shall be given by the City. E.For purposes of this section, any sign, made of cardboard or othnondurable material shall be deemed to be of de minimus value. 220 19.104.350Storage of Removed SignsSummary Removal Authorized When. A. If the Director or his or her designee finds that any sign or ot conforming with the provisions of this title or any other pertinent ordinance of theor not, is an immediate peril or menace to the public, or to any person, or to pedestrian or vehicular traffic, the Director or his or her designee shall cause it to be summarily rUpon removal, the Director or his or her designee shall hold the sign in storage in accord 60 and give written notice to the owner. Any sign removed by the Director or his or her designee, other than those referred to in Section 19.104.340,shall be stored in the City corporation yard.and may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, of the building permit for the sign has been secured.If signs are not claimed within twenty days after removal by the City, the City shall dispose of the signs. 19.104.360OwnerResponsible PartyforRemoval, Alteration or RelocationCostsand Feesfor Illegal Signs-and Storage and Reclamation of Removed Signs. A.Any cost incurred by the City in the removal, alteration,orrelocation, demolition or disposalof any sign pursuant to the provisions of this title or any other p paid by the paid by the owner or person having beneficial enjoyment of the property upon which such sign is located.responsible party.For purposes of this section, responsible partymeansthe owner, business entity or person having beneficial enjoyment of the sign, the political candidate and/or officially recognized/designated enti political campaign. Readability -Moved B. Any sign removed by the Director or his or her designee shall be from Sec. 19.104.340 Corporation Yard. C. The responsible party for any removed sign, if known, shal reclaim the sign and charged a sign removal fee. 1. For signs of de minimus value, three calendar days shall be given to re For purposes of this section, asignof de minimus value means any signmade of cardboard or other nondurable material. 2. For all other signs, twenty calendar days shall be given to reclaim the sign. D.Any sign that remains unclaimed shall be deemed to be abandoned. the sign and charge a disposal fee. 19.104.370Illegal SignsDeemed Public NuisanceCourt Action Authorized. In the event any person should erects, alters, relocatesor maintainsa sign in violation of the provisions of this title, the sign shall be considered a public authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation.The procedures for nuisance abatement are contained in Chapter 1 of this Municipal Code. 19.104.380Violation Deemed InfractionPenalty. Any person, firm,entity,or corporation violating any provisions of this title shall be de of an infraction, and upon conviction thereof, shall be punished provided under Chapter 1.10 and/or Chapter 1.12 of this Municipal Code. 221 Attachment F OFFICE OF COMMUNITY DEVELOPMENT CITY HALL CUPERTINO, CA 95014-3255 (408) 777-3308-planning@cupertino.org PLANNING COMMISSION STAFF REPORT July 10, 2012 Agenda Item No. Agenda Date: :MCA-2012-01 Application City of Cupertino Applicant: Municipal Code Amendment to Chapter 19.104(SignOrdinance)regarding the Application Summary: placement of temporary political signs. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council adopt the proposed amendments in accordance with the model resolution (Attachment 1). BACKGROUND: In response to questions and issues raised regardingpolitical signs, staff has initiated a limited review of theCitys Sign Ordinance to evaluatepossible amendmentsand clarifications to the provisions pertaining to political signs and related enforcement processes. Currently, the ordinance allowspolitical signs to be located within the public right-of-wayin residential and institutional zones without any permitting process or requiring consent from the adjacent property owner(s). In addition, the Ordinance does not provide clear guidance on an efficient enforcement process. The following sections of this staff report summarize staffs fiand recommendations based a limited review of the sign ordinance as well as a survey of surrregarding this subject. DISCUSSION: Survey Results Staff conducted a survey of 15 surrounding cities regarding polisign regulations (see Attachment 2 Survey Summary). The following is a brief summary of the survey findings: With the exception of one city, all of the cities surveyed prohibitpolitical signs in the public right- of-way or on public property. The city that allowspolitical signs in the public right-of-way permits themonly in predefined locations with adjacent property owner(s) consent. Most cities remove illegal political signs located in public right-of-way or on public property withoutany prior notification. Most cities remove and dispose of illegal political signs that are considered de minimus in terms of value. Some cities cite and require a fee for eachsign violation. Some cities do not charge fees. The reclamation process for illegal signs varies between cities. 222 MCA-2012-01 Sign Ordinance AmendmentJuly 10, 2012 Proposed Amendments Based on the survey findings, staff is proposing the following amendments andclarifications to the Sign Ordinance: Political Signs inthe PublicRight-Of-Way Staff is recommending that Section 19.104.250be revised to prohibit the display of political signs in the public right-of-way or on public property. No changes are proposed to the regulations for other types oftemporary signs such as subdivision, real estate and garage sale signs because these types of signs are customary to real estatetransactions that are consistent across all cities and/or usuall signs are picked up at the end of the day by the responsible party. Sign Removal & Disposal Fees Currently, the Ordinance provides the City the authority to remove and store any illegal temporary sign andcollectan existingsign removal fee ($5persign)when the responsible party reclaims the signs. Since the sign removal fee isnot imposed upon removal of the sign, it inadvertently discourages people from reclaiming their signin order to avoid the removal fees. The proposed Ordinance revisionrequires payment of thesign removal fee regardless of whether the sign is reclaimed by the responsible partyor not. In addition, a one-time sign disposal fee ($59) is proposed in order to fully recover City costsfor facilitating the process of disposing any unclaimed illegal signThe sign disposal fee entails the necessary staff time and cost to prepare any written notices, th yard, the physical action of sign disposal, and any related invo are not reclaimed, the City will be billing the responsible party for the existing sign removal feeand the proposed one-time disposal fee. Staffis recommending to the City Council that the fee schedule be amended by to add thesign disposal fee. Sign Reclamation Process Currently,any illegal signnot of de minimus valueremoved by the Cityis required to be held in storage and notice given to the responsible partyto reclaim the sign.Signs of de minimus value may be disposed of without any notice. De minimussignmeans any signmade of cardboard or other nondurable material. Staff is proposing to amend theordinance to clarify that the responsible party for a sign of de minimus value (includingpolitical signs)shall havethree calendar days to reclaim the sign. After three calendar days, any unclaimed signs shall be considered abandoned and may be subject to disposal.No amendments are being proposedto the process for all other illegal signsremoved by the City, where the responsible party would be allowed twenty calendar days to reclaim the sign. Other Miscellaneous Changes Other minor changes have been made to Chapter19.104for ease of reading and for clarification.Other minor amendments havebeenproposedto eliminate redundant language and to minimize repetition. The reasonsfor each type of the proposedamendmenthavebeen identified in text boxes adjacent to the changesin Attachment 3 (Proposed Ordinance Amendment with redlines). 223 MCA-2012-01 Sign Ordinance AmendmentJuly 10, 2012 Environmental Considerations The proposed ordinance amendments are considered exempt by the California Environmental Quality Act (CEQA Section 15601(b)(3))since the amendments in this ordinance do not have the potential for causing any significant impactsto the environment. Prepared by: Gary Chao, CityPlanner Reviewed by:Approved by: _________________________________________________________ Gary ChaoAarti Shrivastava City PlannerCommunity Development Director ATTACHMENTS: Attachment 1: DraftResolution Attachment 2: Survey Summary Attachment 3: Proposed Ordinance Amendment with redlines 224 POLITICAL SIGN REGULATIONS - SURVEY OF NEIGHBORING CITIES ATTACHMENT G Size Enforcement Allowed Sr Permit City in Public Use/ ZoningLocationNumberDuration Remarks City authority to No. Requirements Area Height Impound ProcessDisposal Fees remove ROW At a min. setback of 18 Encouraged to inches from the face of notify the clear continuous width from the value, picked up and disposed the curb , edge of the adjacent sidewalk, pathway and any other of. Residential street, bicycle or Yes, without notice if Within 5 days property 4 s.f per area required for handicapped 1 Yes and vehicle travel lane No limit3 ftoutside Residential/ N/A Cupertino faceafter election.owner(s) and accessibility City to store, notice given to Institutionalwhichever is greatest Institutional Zones resident(s) candidates/owner 20 calendar from the edge of the before placing hinder pedestrian or vehicular days to claim sign, $5 per sign street, bicycle or the signtrafficimpound fee vehicle travel lane Only in specific public 1 per 75 days prior locations as specified in group election up to Mountain 2Yes, without noticeN/A Yes N/AN/AN/A per (max)10 days after View (2008) parcelthe election N/A 3 NoN/AN/AN/AN/AN/AN/AN/AN/AYes, without noticeN/AN/A Campbell 4 NoN/A N/A N/A N/A N/A N/A N/A N/A Yes, without noticeN/AN/A Fremont De minimus signs are picked up and disposed of. Notice the 5Yes, without noticeN/A NoN/A N/A N/A N/A N/A N/A N/A N/A Gilroy responsible party to reclaim. $50 fine for 1st citation, $100 by building official and fine for subsequent citations NoN/A N/A N/A N/A N/A N/A N/A N/A N/A Los Altos disposed of. Letter sent to permittee City may remove if permitee Expense of removal to remove or request does not respond within 72 charged to permittee, hearing within 72 hours.including all costs Los Altos 7 NoN/A N/A N/A N/A N/A N/A N/A N/A hours.incurred such as Hills not stated. 8N/A NoN/AN/AN/AN/AN/AN/AN/AN/AYes, without notice Los Gatos and flexible. May dispose after end of political season. No fees 9 NoN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A Milpitas City to store, 1 week notice Monte 10Yes, without noticeN/A NoN/AN/AN/AN/AN/AN/AN/AN/Agiven to candidates to pickup, Sereno no impound fee Typically notify the responsible Morgan 11Yes, without noticeN/A NoN/AN/AN/AN/AN/AN/AN/AN/Aparty to remove sign. If signs Hill not removed, then city staff pick up and dispose. No fees. City staff remove the signs within public right-of-way and notify the responsible party or campaign manager on file to 12Yes, without noticeN/A NoN/AN/AN/AN/AN/AN/AN/AN/A Palo Alto City attorney office also issues a letter explaining the violation. sign will be disposed. If multiple offenses, then the administrative citation process and penalties may be initiated. 225 Size Enforcement Allowed Sr Permit City in Public Use/ ZoningLocationNumberDuration Remarks City authority to No. Requirements Area Height Impound ProcessDisposal Fees remove ROW Only de minimus signs are removed and disposed by the City. Other signs, city notify responsible party and are Expense of removal required to be picked up within charged to permittee, 24 hrs. If not, $250 citation including all costs ($500, $1,000 thereafter). If 13NoN/AN/AN/AN/AN/AN/AN/AN/AYes. Without notice San Jose incurred such as signs are picked up, it will be held in storage. Notice given to not stated. responsible person. 10 days to reclaim the signs. Cost to the City will be paid by the responsible party. Yes. If located in ROW N/A where the City is signs are pulled due to more responsible to urgent situations and stored, maintain, then the sign then a courtesy notice will be will be removed given to the owner. No charge 14NoN/AN/AN/AN/AN/AN/AN/AN/Aimmediately. When for impound or storage. Time Santa Clara located in ROWs that to pick up typically varies. are maintained by Usually within a week but private property could be as soon as within 24 owners - a code letter is hrs. sent. 15 NoN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A Saratoga City staff remove the signs within public right-of-way and notify the responsible party or campaign manager on file to retrieve the sign. No firm minimum time to retrieve sign - Yes, without noticeN/A NoN/AN/AN/AN/AN/AN/AN/AN/A Sunnyvale but usually within the week. disposed. If multiple offenses, then the administrative citation process and penalties may be initiated. 226 AttachmentH 227 OFFICEOFTHE CITY CLERK CITY HALL 10300TORRE AVENUE CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:August7, 2012 Subject Assessment offees on private parcelsfortheannualweedabatement program. RecommendedAction Conduct hearingandadopt draftresolution. Discussion Chapter9.08oftheCupertinoMunicipalCoderequirespropertyownerstoremoveordestroy weedsontheirpropertyandmaintaintheareaforfireprotection.Theweedabatementprocessis inplacetonotifythepropertyownersofthisresponsibility,authorizetheCountytoremovethe weedsifthepropertyownerdoesn’t,andallowtheCountytorecoverthecostsofabatement. The processconsists ofeight stepsthat begininNovemberandgothroughAugust ofeachyear. AtthistimetheprocessisatStepNo.8onthelist.Attachedisacopyofthedraftresolution showingthelist of properties on theAssessmentReport. 1.Countypreparesalistofallpropertiesthathavebeennon-compliantinremovingweeds inthelastthreeyearsand providesthatlisttotheCity(Nov). 2.CityCounciladoptsaresolutiondeclaringweedsanuisanceandsettingahearingdateto hear objectionsby property ownersto havingtheir name on thelist(Dec). 3.Countysendsnoticetothepropertyownersonthelistnotifyingthemofthehearingdate andexplainingthattheymustremoveweedsbytheabatementdeadlineofApril30orit willbedoneforthem,andthecostoftheabatementplusadministrativecostsassessedto their property(Dec). 4.CityCouncilholdsahearingtoconsiderobjectionsbypropertyownersandadoptsa resolution orderingabatement(Jan). 5.Countysendsacourtesylettertopropertyownersonthelistnotifyingthemagainofthe abatementdeadlineandnotingthattheywillworkwiththepropertyownertobesurethe weedsareremoved(Jan). 6.AfterApril30,andanytimewithinthefireseasontypicallythroughoutOctober,the propertiesareinspectedbytheCountytoverifythatweedswereremovedandproceeds 228 withabatementiftheinspectionfails.Countymakesanassessmentlistofallcosts associatedwiththeabatementand providesthatlisttotheCity(July). 7.City notifiestheproperty owners on theassessmentlist notifyingthem ofthe hearingdate (Aug). 8.CityCouncil holdsa hearing, notesany disputes,andadoptsaresolution puttingalien assessment on the propertiestoallowtheCountytorecoverthecost ofweedabatement (July-Aug). _____________________________________ Preparedby:KirstenSquarcia,ActingDeputyCityClerk Reviewedby:GraceSchmidt,CityClerk ApprovedforSubmissionby:AmyChan,InterimCity Manager Attachments:DraftResolution ExhibitA:AssessmentReport 229 RESOLUTIONNO.12- ARESOLUTIONOFTHECUPERTINOCITYCOUNCILPROVIDINGFOR LIENASSESSMENTSANDCOLLECTIONRESULTINGFROMTHE ABATEMENTOFPUBLICNUISANCESANDPOTENTIALFIREHAZARDS (WEEDSONPRIVATEPARCELS) WHEREAS,afterduenoticeahearingthereonwasheldataregularmeetingof theCityCouncilonJanuary17,2012,atwhichtimetheCitydeclaredthegrowthof weedsuponcertainpropertiesasdescribedinCityofCupertinoResolutionNo.11-189to bea public nuisance;and WHEREAS,fromevidencepresented,bothoralandwritten,theCityCouncil acquiredjurisdiction overandabated said nuisances;and WHEREAS,affectedpropertyownerswereadvisedthatahearingwouldbeheld attheCityCouncilmeetingofAugust7,2012providingforlienassessmentsand collectionresultingfromtheabatementofpublicnuisances(weedsonprivateparcels); and WHEREAS,saidhearingwasheldbytheCityCouncilatthetimeandplacefixed forthereceivingandconsidering of suchreportand proposedassessment. NOW,THEREFORE,BEITRESOLVEDthattheCityCouncildoeshereby confirmthatthecostsofabatingsaidnuisancesshallbeassetforthonExhibitAattached heretoandmadeaparthereofandsaidcostsshallconstitutealienontheaffected property. BEITFURTHERRESOLVEDthattheCountyAgriculturalCommissionershall causetheamountoftheassessmentstobeenteredontheCountyAssessmentRoll oppositethedescriptionoftheparticularproperty,whichassessmentsoenteredonthe Countyrollsshallbecollectedtogetherwithallothertaxesthereonuponthepropertyat thesametimeandinthesamemanner,asgeneralCitytaxesarecollectedandshallbe subjecttothesamepenaltiesandinterest,andtheproceduresandsaleinthecaseof delinquencyas providedforCitytaxes. 230 ResolutionNo. 12-Page 2 PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof Cupertinothis 7th day ofAugust, 2012, bythefollowing vote: VoteMembers oftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _____________________________________________________________ GraceSchmidt,CityClerkMarkSantoro, Mayor,City ofCupertino 231 232 233