06-10-14 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, June 10, 2014
10350 Torre Avenue, Council Chamber
CITY COUNCIL
6:45 PM
Regular Adjourned Meeting
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
Postpone Item No. 6 Budget adoption to July 1
Postpone Item No. 7 CIP conformance to the General Plan to July 1
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.
1.Subject: Approve the May 27 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
Page 1 CITY OF CUPERTINO
June 10, 2014City Council AGENDA
2.Subject: Adoption of a Resolution Approving Interim Expenditures Prior to
Adoption of the Operating and Capital Budget for FY2014-15.
Recommended Action: Adopt Resolution Approving Interim Expenditures Prior to
Adoption of the Operating and Capital Budget for FY2014-15.
Staff Report
A - Draft Resolution
3.Subject: AB 2013, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle
lanes.
Recommended Action: Accept Legislative Committee recommendation to support
Assembly Bill AB 2013 (Muratsuchi)
Staff Report
A - Letter to Appropriations Committee
4.Subject: AB 2565, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle
lanes. Rental property: electric vehicle charging stations.
Recommended Action: Accept Legislative Committee recommendation to support
Assembly Bill AB 2565 (Muratsuchi).
Staff Report
5.Subject: 2014 Pavement Maintenance Project - Phase I, Project No. 2014-01,
authority to award construction contract.
Recommended Action: Subject to the approval of the recommended FY 14/15
Operating Budget for annual pavement maintenance, authorize the City Manager to
award the construction contract if the bids are within the established budget and there
are no unresolved bid protests.
Staff Report
A - List of Streets
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
6.Subject: Budget adoption
Recommended Action: Continue to July 1
7.Subject: CIP conformance to the General Plan
Recommended Action: Continue to July 1
ORDINANCES AND ACTION ITEMS
Page 2 CITY OF CUPERTINO
June 10, 2014City Council AGENDA
8.Subject: AB 2145, as amended, (Bradford).
Recommended Action: Consider adopting a position on Assembly Bill AB 2145
(Bradford).
This item was forwarded from the Legislative Committee to the City Council without
a recommendation.
Staff Report
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
The June 17 meeting was cancelled. The next regular Council meeting is July 1.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
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.
Page 3 CITY OF CUPERTINO
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0225 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/2/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: Approve the May 27 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: Approve the May 27 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, May 27, 2014
CITY COUNCIL MEETING
ROLL CALL
At 3:35 p.m. Vice Mayor Rod Sinks called the meeting to order in City Hall Conference
Room A, 10300 Torre Avenue, Cupertino, California.
Present: Mayor Gilbert Wong (3:38), Vice-Mayor Rod Sinks, and Council members
Barry Chang (4:24), Orrin Mahoney, and Mark Santoro. Absent: None.
COMMISSION INTERVIEWS
1. Subject: Teen Commission interviews
Recommended Action: Conduct interviews and make appointments for three
vacancies on the Teen Commission
Written Communications for this meeting included a letter to Council from the Teen
Commission highlighting a list of recommended characteristics for future Teen
Commission members.
Mayor Wong left the room at 3:39 p.m. and returned to the room at 4:06 p.m.
The City Council interviewed 70 applicants from grades eight through twelve and
appointed the following to 2-year terms ending 2016:
Andrew Fung
Annabelle Chan
Michaela Murphy
Tuesday, May 27, 2014 Cupertino City Council
ORAL COMMUNICATIONS - None
ORDINANCES AND ACTION ITEMS
2. Subject: Consider changes to Teen Commission recruitment process
Recommended Action: Direct staff to prepare a draft resolution noting any changes
Council would like to make to the Teen Commission recruitment process
This item was postponed until June 2.
ADJOURNMENT
At 10:44 p.m. the Mayor adjourned meeting to Monday, June 2.
Kirsten Squarcia, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the
meeting are available for review at the City Clerk’s Office, 777-3223, and also on the
Internet at www.cupertino.org.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience from our web site. Visit www.cupertino.org and click on Watch Meetings.
Videotapes are available at the Cupertino Library, or may be purchased from the
Cupertino City Channel, 777-2364.
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0239 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/4/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the Operating
and Capital Budget for FY2014-15.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject :Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the
Operating and Capital Budget for FY2014-15.
Adopt Resolution Approving Interim Expenditures Prior to Adoption of the Operating and
Capital Budget for FY2014-15.
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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CITY MANAGER’S OFFICE
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 10, 2014
Subject
Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the
Operating and Capital Budget for FY2014-15.
Recommended Action
Adopt Resolution Approving Interim Expenditures Prior to Adoption of the Operating
and Capital Budget for FY2014-15.
Background
As part of the City’s financial policies included in the FY 2013-14 Final Budget approved
by Council the City Council adopts the budget by resolution in June for the fiscal year
ending June 30. The budget takes effect on July 1. In order to have authorization for
expenditure of funds until such adoption, it is necessary to have interim authorization
of essential expenditures of the City.
Discussion
A final budget is scheduled to be presented for adoption at the July 1, 2014 meeting of
the City Council. The attached resolution will authorize recurrent spending
authorization for payroll, materials and supplies, continuation of capital improvement
expenditures, and debt service from June 30, 2014 until Council adopts the budget for
the next fiscal year.
Fiscal Impact
The resolution authorizes payment of essential City obligations prior to adoption of the
FY 2014-15 budget.
RECOMMENDATION
Adopt resolution approving interim expenditures prior to adoption of the operating
and capital budget for FY2014-15.
Prepared by: Kristina Alfaro, Interim Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution – Budget Continuation
RESOLUTION NO. 14-_______
APPROVING INTERIM EXPENDITURES PRIOR TO ADOPTION OF
THE OPERATING BUDGET FOR FISCAL YEAR 2014-15
WHEREAS, State law requires that the City of Cupertino adopt an
annual budget representing a financial plan for conducting the affairs of the
City of Cupertino for the fiscal year beginning July 1, 2014 and ending June 30,
2015; and
WHEREAS, there will be submitted to the City Council at the meeting of
July 1, 2014, the Operating Budget and Capital Improvements for fiscal year
2014-15; and
WHEREAS, the proposed Operating Budget and Capital Improvements
for Fiscal Year 2014-15 includes several expenditures prior to the adoption of
the City of Cupertino Operating Budget and Capital Improvements;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Cupertino hereby approves interim expenditures of the City of Cupertino
prior to the approval of the City of Cupertino Operating Budget and Capital
Improvements for Fiscal Year 2014-15 at the levels set by the City Operating
and Capital Improvement Budget for 2013-14 to allow payment of routine
expenses including payroll and vendor expenses at prior year’s level.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this __ th day of June 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Gilbert Wong, Mayor
City of Cupertino
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0233 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/4/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: AB 2013, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Letter to Appropriations Committee
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: AB 2013, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes.
Accept Legislative Committee recommendation to support Assembly Bill AB 2013
(Muratsuchi)
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3262 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: June 10, 2014
Subject
AB 2013, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes.
Recommended Action
Accept Legislative Committee recommendation to support Assembly Bill AB 2013 (Muratsuchi)
Description
Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles
to use lanes designated for high-occupancy vehicles (HOVs).
Analysis
Existing law authorizes the Department of Transportation to designate certain lanes for the
exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization
expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain
vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV
lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV).
Existing law authorizes the DMV to issue no more than 40,000 of those identifiers.
This bill would increase the number of those identifiers that the DMV is authorized to issue to
85,000.
Arguments in support:
California State Assemblymember Al Muratsuchi – author of AB 2013
Assembly Bill (AB) 2013 by Assemblymember Al Muratsuchi authorizes release of additional Green
HOV Stickers to stimulate sale of plug-in hybrid vehicles that help reduce greenhouse gas
emissions. AB 2013 was approved by the Assembly Transportation Committee yesterday, a
promising start for a bill that seeks to increase the cap on Green HOV Stickers from 40,000 to 85,000
as the original number of stickers available to the public dwindles.
The program is designed to promote sales of plug-in hybrid vehicles by allowing owners with the
DMV issued stickers use the High Occupancy Vehicle (HOV), or carpool lanes, regardless of
occupancy. However, with less than 3,000 stickers remaining and supplies expected to be depleted
2
as early as May, the passage of AB 2013 will be critical to ensuring consistent incentives for
alternative fuel vehicles continue to grow the market.
“AB 2013 is a win-win for California’s economy and the environment. We want to bolster this
fledgling market and encourage drivers to adopt hybrid fuel technologies that reduce greenhouse
gas emissions,” said Assemblymember Muratsuchi. “The Green HOV Sticker program has proven
effective in getting alternative vehicles on the road, which in turn helps us achieve our state’s clean
air goal. I am pleased the Transportation Committee recognized that we cannot afford to end an
incentive program like this just as the market is starting to take off."
Arguments in opposition:
Metropolitan Transportation Commission
The Metropolitan Transportation Commission urges opposition to AB 2013, which proposes to
expand from 40,000 to 85,000 the number of Clean Air Vehicle stickers available to plug-in hybrid
vehicles in order to grant them access to high-occupancy vehicle (HOV) lanes without the required
number of occupants and without payment. While 85,000 is the same number of stickers that were
ultimately issued for "yellow sticker" hybrid vehicles before that program was phased out, the
landscape of California's HOV lanes has changed considerably since the Clean Air Vehicle program
began in 2005.
Today, virtually every metropolitan region in the state is operating or has plans to operate express
lanes whereby single-occupant vehicles may access the lanes for a fee, which varies depending on
the level of congestion in the lane. With congestion levels rising, especially in the prosperous Silicon
Valley where the purchase of such vehicles is more likely, the Metropolitan Transportation
Commission does not believe it is appropriate to “give away access to the region's HOV lanes or
express lanes for free.”
Furthermore, according to a January 15, 2014 1etter to Caltrans from the Federal Highway
Administration, over 40 percent of the state's HOV lanes that were monitored by Caltrans failed to
meet the performance standard set in federal law, requiring mitigation action. Such action could be
to revise occupancy requirements, but could also include ending the state's current allowance for
clean-fuel vehicles to access the lanes as a single-occupant. The point is, the system is not working
optimally today and unfortunately, AB 2013 will simply make matters worse.
Information gathered from:
Leginfo.legislature.ca.gov
Assembly Member Al Maratsuchi’s website – press releases
Letter to California State Assemblyman Mike Gatto from the Metropolitan
Transportation Commission
Prepared by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Letter to Appropriations Committee
3
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0234 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/4/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: AB 2565, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes. Rental
property: electric vehicle charging stations.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: AB 2565, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes. Rental
property:electric vehicle charging stations.
Accept Legislative Committee recommendation to support Assembly Bill AB 2565
(Muratsuchi).
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3262 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: June 10, 2014
Subject
AB 2565, as amended, (Muratsuchi). Vehicles: high-occupancy vehicle lanes. Rental
property: electric vehicle charging stations.
Recommended Action
Accept Legislative Committee recommendation to support Assembly Bill AB 2565
(Muratsuchi)
Description
Existing law generally regulates the hiring of real property.
This bill would require a lessor of a dwelling to approve a written request of a lessee to
install an electric vehicle charging station at the lessee’s designated parking space if the
electric vehicle charging station and all modifications and improvements made to t he
leased premises meet all applicable health and safety standards and requirements imposed
by federal, state, and local law, and all applicable zoning requirements, land use
requirements, and covenants, conditions, and restrictions, the lessee’s written request to
make a modification to the leased premises in order to install and use an electric vehicle
charging station includes his or her consent to enter into a written agreement including
specified provisions, including compliance with the lessor’s requirements for the
installation, use, and removal of the charging station and installation of the infrastructure
for the charging station, and the lessee maintains in full force and effect a $1,000,000 lessee
liability coverage policy, as specified.
Existing law regulates the terms and conditions of residential and commercial tenancies.
Existing law defines and regulates common interest developments and voids any condition
affecting the transfer or sale of an interest in a common interest development that prohibits
or unreasonably restricts the installation or use of an electric vehicle charging station in a
designated parking space in the development, as specified.
2
This bill would void any term in a lease renewed or extended on or after January 1, 2015,
that conveys any possessory interest in commercial or residential property that either
prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle
charging station in a parking space associated with the commercial or residential property.
The bill would prescribe requirements for lessor approval of a lessee request to install or
use an electronic vehicle charging station and would require that a lessor approve a request
to install a charging station if the lessee agrees in writing to do specified acts, including
paying for various costs associated with the charging station and maintaining insurance
naming the lessor as an insured.
Arguments in support:
(from Assembly Committee on Housing and Community Development
ahcd.assembly.ca.gov/sites/ahcd.assembly.ca.gov/files/hearings/AB_2565_ABPCA.pdf)
According to ChargePoint, the sponsor of the bill, EV charging infrastructure is not keeping
up with electric vehicle adoption. In 2013, there were 75,000 EVs registered in California
and 7,542 charging ports for a ratio of nearly 10 vehicles for every port causing congestion
to charging stations. The sponsor states that individual businesses have realized the
financial and environmental incentive of offering EV charging. By offering EV charging, an
employer can give employees the equivalent of a 5% raise through reduced fuel and
maintenance costs and time saved through HOV lane access. Further, 41% of California
residents live in multi-family housing. The sponsor contends that without the ability to
charge at home, Californians are unlikely to purchase electric vehicles and therefore do not
get the benefits which include saving thousands on gas and maintenance costs and helping
the environment.
Arguments in opposition:
(from Assembly Committee on Housing and Community Development
ahcd.assembly.ca.gov/sites/ahcd.assembly.ca.gov/files/hearings/AB_2565_ABPCA.pdf)
Opponents of AB 2565 have both broad policy as well as operational concerns with the bill.
According to opponents, "AB 2565 uses the language from SB 209 (Corbett) in an attempt to
give a lessee of a commercial or residential property the ability to install an EV charging
station. However, SB 209 was written to assure that homeowners (property owners) would
be able to install EV charging stations at their residence over any "unreasonable" objections
made by the HOA. This makes sense: a homeowner should be able to make this decision
for their property. But simply transferring the language to commercial and residential
rental environment creates a significant change in that it reverses the roles and gives the
power to the party that does not own the property." In addition, the opponents have
concerns with the bill's use of the term “unreasonable" to judge as to whether or not a
3
property owner is in compliance with its provisions. "Even though the bill's intent is to
include all costs of installing and maintaining an EV charger we are not sure that a future
interpretation of the unreasonable standard would actually include all costs."
For: Assemblyman Al Muratsuchi
Santa Monica Councilmember Kevin McKeown
ChargePoint, Inc.
CalSTART
National Electrical Manufacturers Association
Powertree Services Inc.
California Energy Storage Alliance
Against: California Business Properties Association
Building Owners and Managers Association of California
California Apartment Association
California Building Industry Association
California Chamber of Commerce
California Grocers Association
California Retailers Association
Prepared by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0127 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: 2014 Pavement Maintenance Project - Phase I, Project No. 2014-01, authority to award
construction contract.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - List of Streets
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject :2014 Pavement Maintenance Project -Phase I,Project No.2014-01,authority to
award construction contract.
Subject to the approval of the recommended FY 14/15 Operating Budget for annual pavement
maintenance,authorize the City Manager to award the construction contract if the bids are
within the established budget and there are no unresolved bid protests.
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 10, 2014
Subject
2014 Pavement Maintenance Project – Phase I, Project No. 2014-01, authority to award
construction contract.
Recommended Action
Subject to the approval of the recommended FY 14/15 Operating Budget for annual
pavement maintenance, authorize the City Manager to award the construction contract
if the bids are within the established budget and there are no unresolved bid protests.
Description
Staff recommends that Council authorize the City Manager to award the construction
contract for the 2014 Pavement Maintenance Project – Phase 1, based on bids to be
received by July 2, 2014.
Discussion
Currently, the City’s 2014 Pavement Maintenance Project – Phase I is out to bid, with
bids to be received by July 2, 2014. Since Council will not meet again until July 1, 2014,
and because every week is critical for paving projects during the construction season,
staff recommends that Council authorize the City Manager to award the construction
contract to the lowest responsible bidder, if the low bid is within the funds available for
the project and if there are no unresolved bid protests. The Engineer’s Estimate for the
Phase I base project is $3.8 Million. With contingency, this project will be within the
budgeted amount of $4.2 Million. Phase II & III projects will be going out to bid in July
2014.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - List of Streets
2014 Pavement Maintenance - Phase 1
Project Street List (Subject to Change)
June 4, 2014
Street Name From To Type of Work
Alcalde Rd.Foothill Blvd Avienda Ln.Overlay w/ Leveling Course
Antoinette Dr.Clay St.Clifden Overlay w/ Leveling Course
Aster Ct Aster Ln End Overlay w/ Leveling Course
Aster Ln.Waterford Barnhart Overlay w/ Leveling Course
Banhart Dr.Aster 7589 Barnhart approx.Overlay w/ Leveling Course
Barnhart Av.Moretti Dr.Sterling Blvd.Overlay w/ Leveling Course
Belknap Ct Belknap Dr.End Overlay w/ Leveling Course
Belknap Dr.Elmsford Dr.Yorkshire Overlay w/ Leveling Course
Bollinger Rd Blaney Ave De Anza Blvd Digout Repair
Camino Vista Dr Stevens Creek Dubon Overlay w/ Leveling Course
Carnoustie Ct.Deep Cliff End Overlay w/ Leveling Course
Carriage Cr.Stelling End Overlay w/ Leveling Course
Catalina Ct.Terrace End Overlay w/ Leveling Course
Craig Ct.Paradise End Overlay w/ Leveling Course
Cristo Rey Dr.Roundabout Forum Driveway Digout Repair
Cristo Rey Drive East City limit Roundabout 3" Mill and Fill
Dubon Prado Vista Camino Vista Overlay w/ Leveling Course
Elmsford Ct.Elmsford Dr.End Overlay w/ Leveling Course
Elmsford Dr.Belknap Dr.End Overlay w/ Leveling Course
Folkestone Dr.Bubb Yorkshire Overlay w/ Leveling Course
Foothill Blvd.
Northside of SCB
Intersection North City Limits Digout Repair
Foothill Blvd/Stevens
Cnyn Rd
Southside of SCB
Intersection Santa Lucia Rd.Digout Repair
Huntridge Ln.S. Stelling Rose Blossom Overlay w/ Leveling Course
La Jolla Ct.Terrace End Overlay w/ Leveling Course
Lebanon Av.Lockwood SCB Overlay w/ Leveling Course
Lilac Ct.Rose Blossom End Overlay w/ Leveling Course
Lilac Wy.S. Stelling Rose Blossom Overlay w/ Leveling Course
Lily Ave.Rose Blossom Rose Blossom Overlay w/ Leveling Course
Lily Ct.Lily End Overlay w/ Leveling Course
Lockwood Dr Stevens Creek Voss Overlay w/ Leveling Course
Lynton Ct.Farallone Dr.End Overlay w/ Leveling Course
Mary Ave.Stevens Crk Blvd Mary Ave. Bridge Digout Repair
McClellan Rd.Linda Vista Dr Foothill Blvd.Digout Repair
Medina Ct Stevens Creek End Overlay w/ Leveling Course
Merriman Rd.Alcalde San Lucia Rd.Asphalt Leveling
Meyerholtz Ct.Stokes End Overlay w/ Leveling Course
Micheal Ct.Clifden End Overlay w/ Leveling Course
Mira Vista Rd.Janice Palm Overlay w/ Leveling Course
Monterey Ct.Terrace End Overlay w/ Leveling Course
N. Stelling Rd.Apt. Ent.Homestead Rd.Overlay w/ Leveling Course
Nancy Ct.Paradise End Overlay w/ Leveling Course
Nobel Fir Ct.S. Stelling End Overlay w/ Leveling Course
Pacifica De Anza Blvd.Farallone Overlay w/ Leveling Course
2014 Pavement Maintenance - Phase 1
Project Street List (Subject to Change)
June 4, 2014
Pacifica De Anza Blvd.Farallone Dr Digout Repair
Palm Ave S. Foothill Scenic Overlay w/ Leveling Course
Palo Vista Rd.Janice Palm Overlay w/ Leveling Course
Palos Verdes Ct.Terrace End Overlay w/ Leveling Course
Prado Vista Dr Stevens Creek Dubon Overlay w/ Leveling Course
Rainbow Ct.Rainbow End Overlay w/ Leveling Course
Red Fir Ct.Nobel Fir End Overlay w/ Leveling Course
Redondo Ct.Terrace End Overlay w/ Leveling Course
Rose Blossom McClellan Rd.Huntridge Overlay w/ Leveling Course
Rosemarie Pl.Miller Ave End Overlay w/ Leveling Course
S. Stelling Rd.85 Bridge Deck South Prospect Rd.Digout Repair
Sage Ct.Lilac End Overlay w/ Leveling Course
San Felipe Rd Alcalde rd End Overlay w/ Leveling Course
San Fernando Ave Byrne Ave AC Dike
Santa Lucia Rd. Stevens Canyon Cordova/Alcalde Asphalt Leveling
Sola St.Tula Ln.Bonny Overlay w/ Leveling Course
Stevens Canyon Rd.Park Ent. South New Pvmnt.6" Mill and Fill
Stevens Crk Blvd 85 Bridge Deck West Foothill Blvd.Digout Repair
Tonita Wy.Cheryl Shelly Overlay w/ Leveling Course
Torre Ave Stvns Crk Blvd Pacifica
Overlay w/ Leveling Course &
Digout Repairs
Tula Ct Tula Ln.End Overlay w/ Leveling Course
Tula Ln Sola St North & South Ends Overlay w/ Leveling Course
Via Camino Ct.Ainsworth End Overlay w/ Leveling Course
Westacres McClellan Rd.End Overlay w/ Leveling Course
White Fir Nobel Fir End Overlay w/ Leveling Course
WillowGrove Ln.Ferngrove Hyde Overlay w/ Leveling Course
Wilson Ct.Stokes End Overlay w/ Leveling Course
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0132 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: Budget adoption
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: Budget adoption
Continue to July 1
CITY OF CUPERTINO Printed on 6/4/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0240 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:6/4/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: CIP conformance to the General Plan
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: CIP conformance to the General Plan
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0235 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/4/2014 City Council
On agenda:Final action:6/10/2014
Title:Subject: AB 2145, as amended, (Bradford).
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council6/10/2014 1
Subject: AB 2145, as amended, (Bradford).
Consider adopting a position on Assembly Bill AB 2145 (Bradford).
This item was forwarded from the Legislative Committee to the City Council without a
recommendation.
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PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3262 • FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: June 10, 2014
Subject
AB 2145, as amended, (Bradford)
Recommended Action
Consider adopting a position on Assembly Bill AB 2145 (Bradford)
This item was forwarded from the Legislative Committee to the City Council without a
recommendation.
Description
The bill makes specific changes to the community choice aggregation (CCA) program.
(From Assembly Floor Analysis http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2101-
2150/ab_2145_cfa_20140527_183440_asm_floor.html)
Specifically, this bill:
1) Requires customers to opt-in to CCA's effective January 1, 2015.
2) Requires CCA implementation plans to include information to customers about the following:
a) Rates as compared to the incumbent utility.
b) Greenhouse gas emission rate using protocols established by the California Air Resources
Board.
3) Authorizes the California Public Utilities Commission (PUC) to process complaints against the
CCA, as the incumbent utility, prescribed by law.
Fiscal Effect: According to the Assembly Appropriations Committee:
1) Special fund costs in the $250,000 range for PUC to expand the expedited complaint process, and
review customer solicitations and implementation plans, including projected and actual electricity
rates and GHG emissions.
2) Unknown ratepayer impacts.
Comments:
1) Purpose. According to the author, CCAs are intended to provide communities with lower rates,
local renewable energy, and jobs. However, without transparency and detailed comparisons,
customers are unable to adequately compare services. The author states this bill promotes
consumer choice and transparency for future community choice customers.
2
2) Background. Since 2002, cities and counties may arrange to provide electricity within their
jurisdiction through a contract with an electricity provider other than the investor-owned utility
(IOU) that would otherwise serve that local area. This is referred to as community choice
aggregation. CCAs purchase electricity from electric service providers (ESP) using the
transmission and distribution system of the IOU serving that area. Customers continue to receive
their electric bills from the IOU with a line-item delineating the CCA charges for generation. The
IOU continues to charge for transmission and distribution services and various regulatory fees.
Customers automatically get their electricity from the CCA unless they "opt-out" and instead
receive service from the IOU. Creating and implementing a CCA requires a vote or the local
governing board but does not require local voter approval.
In 2007, the PUC authorized its first CCA application submitted by the Kings River Conservation
District on behalf of San Joaquin Valley Power Authority (SJVPA). In 2009, SJVPA suspended its
CCA program activities.
In 2010, the PUC authorized a CCA application for Marin Energy Authority (MEA/MCE) pursuant
to a service agreement between Pacific Gas and Electric (PG&E) and MEA. Currently, MEA
provides service to over 124,000 accounts in Marin County and the City of Richmond located in
Contra Costa County. The PUC authorized Clean Power S.F. to form a CCA in the City and County
of San Francisco in June 2010. The San Francisco Board of Supervisors authorized Clean Power S.F.,
but the San Francisco Public Utilities Commission did not authorize the rates.
In October 2013, the PUC authorized a CCA application for Sonoma Clean Power (SCP) to serve
cities and the unincorporated areas of the Sonoma County. SCP is scheduled to begin offering
service to the first group of 20,000 customers this month. Most customers will be eligible for service
in 2015 or 2016.
3) Proposition 16 of 2010. Following the approval of MEA, an initiative was put on the June 2010
statewide ballot to require a two-thirds supermajority voter approval before local agencies could
start up electrical services, including community choice aggregation in a new territory. Proposition
16 was defeated by a vote of 52.8% to 47.2%.
4) Renewable Energy Mandates. The CCA concept was placed in statute before California's
Renewable Portfolio Standard (RPS) was enacted and four years prior to the California Solar
Initiative. Proponents of CCA argued at the time that a CCA would allow local communities to
choose a greener electricity supply than was being provided by the IOUs.
Since 2002, California IOUs have dramatically increased their renewable energy portfolios.
According to the PUC's February 2014 RPS Biennial Report, retail sellers are on pace to meet their
Compliance Period 1 (2011-13) RPS requirement of an average 20% RPS and are on track to achieve
the 33% RPS by 2020 with additional future procurement of RPS resources.
3
5) The Role of the PUC. CCAs are required to file implementation plans with the PUC who must
review and approve the CCA cost recovery plan. CCA rates and sources of electrical supply are not
regulated by the PUC.
CCAs may bring complaints to the PUC against IOUs using an expedited complaint procedure.
This bill would allow customers to use the same expedited process for complain against the CCA.
Additionally, this bill requires review of customer solicitations and implementation plans including
projected electricity rates and projected and actual GHG emissions.
6) Should customers opt-in to CCAs: Current law requires a customer to affirmatively opt-out of
participation in the CCA. This bill would end the practice of switching customers to a CCA
without the customer's consent, beginning on January 1, 2015. Existing CCA customers are not
impacted. Various media outlets across the state have published articles as recent as last February
regarding problems with opting out of a CCA.
Proponents of this measure assert that most people are unaware that a CCA was formed and have
little understanding of the implications when they receive a form letter in the mail that says they
don't have to do anything. CCA customers continue to receive their monthly utility bill from the
incumbent IOU with a line-item that delineates the CCA provider. A recent survey of
approximately 400 residents in the City of Richmond revealed nearly 75% are largely unfamiliar
with the CCA that serves the region. <1> these residents had no knowledge that they were already
enrolled in a CCA. A vast majority of the residents believe PG&E is their utility service provider.
7) Support. This bill is supported by a coalition of labor organizations including the Central Labor
Federation, the State Building and Construction Trades Council and is sponsored by the Coalition
of California Utility Employees (CCUE). According to CCUE, CCAs routinely promise to build
local renewable energy supplies to create local jobs but the promise of jobs has not materialized.
8) Opposition. This bill is opposed by a large coalition of local government agencies,
environmental groups, civic organizations, and community choice advocacy organizations.
Opponents claim IOUs are trying to protect their monopoly status by destroying any opportunity
for competition. Opponents further argue this bill will prevent new CCAs from forming and
offering consumer choice by placing the default status with the IOUs.
California Building Industry Association
California Chamber of Commerce
California Grocers Association
California Retailers Association
Prepared by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager