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07-01-14 Searchable packetCITY OF CUPERTINO AGENDA Tuesday, July 1, 2014 10350 Torre Avenue, Council Chamber CITY COUNCIL 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Update from the Cupertino Sanitary District, Board President Bill Bosworth Recommended Action: Receive the update 2.Subject: Update from the Santa Clara County Sheriff's Department, Sheriff Laurie Smith Recommended Action: Receive update 3.Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in Cupertino on June 11 Recommended Action: Present proclamation POSTPONEMENTS Continue Item No. 20 Energy Services Contract for solar installation to July 15 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. Page 1 CITY OF CUPERTINO July 1, 2014City Council AGENDA 4.Subject: Approve the June 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5.Subject: Approve minutes for the two City Council meetings on June 10 Recommended Action: Approve the minutes A - Draft Minutes Commissions Interviews B - Draft Minutes Special Council Meeting 6.Subject: Approve the June 23 City Council minutes Recommended Action: Approve minutes Draft Minutes 7.Subject: Accept Accounts Payable for period ending May 2, 2014 Recommended Action: Adopt Resolution No. 14-163 accepting Accounts Payable for period ending May 2, 2014 A - Draft Resolution B - AP Report 8.Subject: Accept Accounts Payable for period ending May 9, 2014 Recommended Action: Adopt Resolution No. 14-164 accepting Accounts Payable for period ending May 9, 2014 A - Draft Resolution B - AP Report 9.Subject: Accept Accounts Payable for period ending May 16, 2014 Recommended Action: Adopt Resolution No. 14-165 accepting Accounts Payable for period ending May 16, 2014 A - Draft Resolution B - AP Report 10.Subject: Accept Accounts Payable for period ending May 23, 2014 Recommended Action: Adopt Resolution No. 14-166 accepting Accounts Payable for period ending May 23, 2014 A - Draft Resolution B - AP Report Page 2 CITY OF CUPERTINO July 1, 2014City Council AGENDA 11.Subject: Accept Accounts Payable for period ending May 30, 2014 Recommended Action: Adopt Resolution No. 14-167 accepting Accounts Payable for period ending May 30, 2014 A - Draft Resolution B - AP Report 12.Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees Recommended Action: Rescind Resolution No. 12-076 and adopt Resolution No. 14-168 amending the Conflict of Interest Code of the City of Cupertino and the direct City Manager to sign the required 2014 Local Agency Biennial Notice Staff Report A - Draft Resolution B - 2014 Local Agency Biennial Notice 13.Subject: Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Recommended Action: Adopt Resolution No. 14-169 approving the destruction of records Staff Report A - Draft Resolution 14.Subject: Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Recommended Action: Authorize the City Manager to execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Staff Report A - Draft Contract 15.Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Recommended Action: Approve Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Staff Report A - Application 16.Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Recommended Action: Approve Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Staff Report A - Application Page 3 CITY OF CUPERTINO July 1, 2014City Council AGENDA 17.Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2014 Staff Report 18.Subject: Summarily vacate and approve the sale of a portion of San Felipe Road , south of Alcalde Road to Neel Dhamdhere. Recommended Action: Adopt Resolution No. 14-170 approving the summary vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the amount of $6,000, and authorize the City Manager to execute all of the necessary documents. Staff Report A - Draft Resolution B - Map SECOND READING OF ORDINANCES PUBLIC HEARINGS Page 4 CITY OF CUPERTINO July 1, 2014City Council AGENDA 19.Subject: Public Hearing to Consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2014-15; and the Establishment of the Appropriation Limit; and Related Actions. Recommended Action: a.Adopt Resolution No 14-171 adopting Negative Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended Budget and finding that the CIP is in conformance with the General Plan. b.Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues for the Apple Campus 2 project. c.Adopt Resolution No. 14-173 establishing an Operating Budget and Capital Budget for Fiscal Year 2014-15. d.Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year 2014-15. e.Take action on items listed in the Follow Up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2014-15 Recommended Budget and Resolutions i.$15,000 reduction in unrequested Community Funding dollars Staff Report A - Draft Resolution Neg Dec and CIP conformance to GP B - Draft Resolution Portion of the Operating and Capital Improvement Budget for FY 2014-15 Related to Pass-Through Revenues for the Apple Campus 2 Project C - Draft Resolution Operating Budget and Capital Budget for FY 2014-15 D - Draft Resoloution Appropriation Limit for Fiscal Year 2014-15 E - Follow Up Items for Council Action F - Adopted PC Resolution No. 6743 (CP-2014-01) G - ERC Recommendation of Negative Declaration 20.Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project’s anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City’s best interests. Recommended Action: Continue to July 15 ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF Page 5 CITY OF CUPERTINO July 1, 2014City Council AGENDA ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council 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. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 CITY OF CUPERTINO CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0134 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Update from the Cupertino Sanitary District, Board President Bill Bosworth Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/1/2014 1 Subject:Update from the Cupertino Sanitary District, Board President Bill Bosworth Receive the update CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0216 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/29/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Update from the Santa Clara County Sheriff's Department, Sheriff Laurie Smith Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Update from the Santa Clara County Sheriff's Department, Sheriff Laurie Smith Receive update CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0279 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:6/23/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in Cupertino on June 11 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/1/2014 1 Subject :Proclamation to Patricia Peterson recognizing her lifesaving efforts in Cupertino on June 11 Present proclamation CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0136 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Approve the June 2 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Approve the June 2 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, June 2, 2014 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Certificate of appreciation recognizing the formation of a new State in India called Telangana Recommended Action: Present certificate to Telangana Cultural Association Mayor Wong presented the certificate to Founder and Chair Vijay Chavva and the Association members. Mayor Wong also presented a certificate of appreciation to Deputy Consul General Mr. Bhaskaran on behalf of the Indian Consul General Mr. Parnasarathy in recognition of Telangana as the 29th State of India. 2. Subject: Proclamation celebrating the World's Largest Swimming Lesson at Blackberry Farm Recommended Action: Present proclamation Mayor Wong presented the proclamation to Earl Sutton, owner of the Sutton Swim School. Monday, June 2, 2014 Cupertino City Council 2 3. Subject: Sunny View Retirement Community 50th Anniversary Recommended Action: Present proclamation Mayor Wong presented the proclamation to Executive Director Sally Plank. 4. Subject: Cupertino Historical Society update Recommended Action: Receive update Written communication for this item included a PowerPoint presentation. President Donna Austin and Board member Helene Davis gave an update via a PowerPoint presentation. Council received the update. POSTPONEMENTS Item number 13, Brush abatement for public nuisance and potential fire hazard was removed from the agenda. ORAL COMMUNIC ATIONS - None CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item number 10 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 5. Subject: Approve the May 13 City Council minutes Recommended Action: Approve the minutes 6. Subject: Approve the May 20 City Council minutes Recommended Action: Approve the minutes 7. Subject: Accept Accounts Payable for period ending April 4, 2014 Recommended Action: Adopt Resolution No. 14-157 accepting Accounts Payable for period ending April 4, 2014 8. Subject: Treasurer and Deputy Treasurer Appointments Recommended Action: Adopt Resolution No. 14-158 appointing the Monday, June 2, 2014 Cupertino City Council 3 Treasurer and Deputy Treasurer 9. Subject: Adopt a resolution calling a General Municipal Election on Nov. 4, 2014 to fill three City Council seats Recommended Action: Adopt Resolution No. 14-159 calling the election 10. Subject: County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium Recommended Action: Adopt Resolution No. 14-160 approving the City’s participation in the County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium Santoro moved and Chang seconded to adopt Resolution No. 14-160 approving the City’s participation in the County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium. The motion carried unanimously. 11. Subject: Community Development Block Grant (CDBG) loan extension for 10526 Sterling Boulevard Recommended Action: Adopt Resolution No. 14-161 approving the CDBG loan extension for 10526 Sterling Boulevard SECOND READING OF ORDINANCES 12. Subject: Foothill Live-Work development project, second reading Recommended Action: Conduct the second reading and enact Ordinance No . 14-2119: “An Ordinance of the Cupertino City Council approving the rezoning of a .87 gross acre parcel from P(CG) - Planned Development General Commercial to P(CG, Res) - Planned Development General Commercial and Residential, located at 10121 North Foothill Boulevard.” Chang moved and Mahoney seconded to read Ordinance No. 14-2119 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: Santoro. Abstain: None. Absent: None. Council member Santoro noted that he was voting no because he believes it sets a bad precedence to convert commercial real estate to housing in the City. Monday, June 2, 2014 Cupertino City Council 4 Chang moved and Mahoney seconded to enact Ordinance No. 14-2119. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: Santoro. Abstain: None. Absent: None. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 13. Subject: Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove this item from the agenda since no parcels are on the list Under postponements, this item was removed from the agenda. 14. Subject: Authorize the City Manager to execute an agreement with New World Systems for the replacement of the city-wide Finance, Human Resources and Payroll system Recommended Action: Authorize the City Manager to execute an agreement with New World Systems for the replacement of the Pentamation system in the amount of $561,060 for licensing and implementation and $65,000 annually for software maintenance for five years for a total five -year non-to- exceed amount of $821,060 Written communications for this item included a staff PowerPoint presentation. Human Resources Manager Jacqui Guzman and Interim Director of Administrative Services Kristina Alfaro reviewed the staff report via a PowerPoint presentation. Sinks moved and Chang seconded to authorize the City Manager to execute an agreement with New World Systems for the replacement of the Pentamation system in the amount of $561,060 for licensing and implementation and $65,000 annually for software maintenance for five years for a total five-year non-to- exceed amount of $821,060 with the amendment to pay the vendor half of the total cost upon delivery and the rest on implementation. Henrik Beijar from New World Systems commented that the company is committed to all of the requirements as noted in the contract and agree to make the bulk of the implementation fees (15% of the total) be due toward the end of the project at the last milestone. He also noted that he believes the terms of the Monday, June 2, 2014 Cupertino City Council 5 agreement are fair. Sinks amended his motion and Chang seconded to authorize the City Manager to execute an agreement with New World systems for the replacement of the Pentamation system in the amount of $561,060 for licensing and implementation and $65,000 annually for software maintenance for five years for a total five-year non-to-exceed amount of $821,060 with an amendment in Exhibit AA (Cost Summary and Payment Schedule) to move $122,530 (amount invoiced upon delivery of licensed standard software) to step 8 (amount invoiced upon go live of software other than for Human Resources in step 8 in Statement of Work). The motion carried unanimously. 15. 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 City Clerk Grace Schmidt reviewed the staff report. Council directed staff to make the following changes:  Add two additional questions to the Teen Commission application o 1. Have you been to a Teen Commission meeting before? If so, when, and what was discussed? o 2. Have you applied to the Teen Commission before?  Have a volunteer sign-in sheet at Teen Commission meetings noting on the sheet that meeting attendance may be used as possible criteria during Teen Commission interviews  Use a fillable PDF Teen Commission application or add a secure online application form for Teen Commission REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:50 p.m., Mayor Wong held a moment of silence in memory of Mayor Janet Gray Hayes and adjourned the meeting to a special meeting on Tuesday, June 10 at 4:30 p.m. for Public Safety and Bicycle Pedestrian Commission interviews, Cupertino City Monday, June 2, 2014 Cupertino City Council 6 Hall Conference Room A, 10300 Torre Avenue. A special meeting will also be held on Tuesday, June 10 at 6:45 p.m. for the 2014-2015 budget adoption hearing , Cupertino Community Hall Council Chamber, 10350 Torre Avenue . _______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U -verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0137 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Approve minutes for the two City Council meetings on June 10 Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Commissions Interviews B - Draft Minutes Special Council Meeting Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Approve minutes for the two City Council meetings on June 10 Approve the minutes CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, June 10, 2014 CITY COUNCIL MEETING ROLL CALL At 4:30 p.m. Mayor Gilbert Wong called the special City Council meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang and Orrin Mahoney. Absent: Council member Mark Santoro. COMMISSIONS INTERVIEWS 1. Subject: Bicycle Pedestrian Commission and Public Safety Commission interviews Recommended Action: Conduct interviews and make appointments  Public Safety Commission The City Council interviewed five applicants and appointed Stephen (Mike) Jerbic to a partial term ending January 2016.  Bicycle Pedestrian Commission The City Council interviewed one applicant and appointed Sean Lyn to a partial term ending January 2015. ORAL COMMUNICATIONS - None ADJOURNMENT At 4:35 p.m. Mayor Wong adjourned the meeting. _________________________________ Kirsten Squarcia, Deputy City Clerk DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, June 10, 2014 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the special City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, and Orrin Mahoney. Absent: Council member Mark Santoro. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS Mahoney moved and Chang seconded to postpone item numbers 6 and 7 to July 1. The motion carried unanimously (Santoro absent). ORAL COMMUNICATIONS - None CONSENT CALENDAR Sinks moved and Mahoney seconded to approve the items on the Consent Calendar as presented with the exception of item number 3 which was removed for discussion. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: None. Abstain: None. Absent: Santoro. 1. Subject: Approve the May 27 City Council minutes Recommended Action: Approve the minutes 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. 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) Sinks moved and Mahoney seconded to accept the Legislative Committee recommendation to support Assembly Bill AB 2013 (Muratsuchi. The motion carried unanimously (Santoro absent). 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). 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. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 6. Subject: Budget adoption Recommended Action: Continue to July 1 Under Postponements this item was continued to July 1. 7. Subject: CIP conformance to the General Plan Recommended Action: Continue to July 1 Under Postponements this item was continued to July 1. ORDINANCES AND ACTION ITEMS 8. Subject: AB 2145, as amended, (Bradford). Recommended Action: Consider adopting a position on Assembly Bill AB2145 (Bradford). This item was forwarded from the Legislative Committee to the City Council without a recommendation. Public Affairs Director Rick Kitson reviewed the staff report. Sinks moved and Chang seconded that the City Council of Cupertino oppose AB 2145, as amended, and send a letter to the author and appropriate members of the State Assembly, Senate and the Governor’s office. The motion passed with Chang and Sinks voting yes, Mahoney voting no, Wong abstaining, and Santoro absent. Note: an administrative correction was made to the vote that was initially read at the meeting which stated that the motion had failed. Only a simple majority affirmative vote was needed in this case therefore the motion passed. 9. Subject: Proposed project list for proposed Valley Transportation Authority (VTA) ballot measure on November 2014 election Recommended Action: Consider proposed project list for proposed Valley Transportation Authority (VTA) ballot measure on November 2014 election and provide authorization for Cupertino letter Public Works Director Timm Borden reviewed the staff report. Jennifer Griffin said she was concerned how quickly the item came onto the agenda and whether the public had enough information. She said she did not support funding for fixed rapid transit being pushed through silently through and asked if any of the money would be going towards studying traffic issues at the Highway 280/Stevens Creek Boulevard/Lawrence Expressway interchange. Chang moved to send a letter to Valley Transportation Authority (VTA) asking for funding allocation to the Westside and for Highway 85. There was no second and the motion died. Chang moved and Sinks seconded to authorize the City Manager to write a letter to VTA before June 26, 2014 expressing concern about the process, requiring more public outreach to members in each of the communities in order to vet and come up with a good project list that more people can buy into, and expressing concern about whether these efforts can be achieved successfully before placing it on the November 2014 ballot. The motion carried unanimously (Santoro absent). REPORTS BY COUNCIL AND STAFF City Manager David Brandt said the City has been invited by the City of Sunnyvale and the City of Mountain View to do a feasibility study to form a Community Choice Aggregation (CCA). Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:15 p.m. Mayor Wong adjourned the meeting. The June 17 meeting was cancelled. The next regular Council meeting is July 1. _______________________________ Kirsten Squarcia, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U -verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0283 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/24/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Approve the June 23 City Council minutes Sponsors: Indexes: Code sections: Attachments:Draft Minutes Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Approve the June 23 City Council minutes Approve minutes CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Page 1 DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Monday, June 23, 2014 CITY COUNCIL MEETING At 11:05 a.m. Acting Mayor Rod Sinks called the Special City Council meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA. ROLL CALL Present: Acting Mayor Rod Sinks, and Council members Barry Chang and Orrin Mahoney. Absent: Mayor Gilbert Wong and Council member Mark Santoro. POSTPONEMENTS - None ORAL COMMUNIC ATIONS - None ORDINANCES AND ACTION ITEMS 1. Subject: Continue the Rights and Responsibilities under the Terms of the Law Enforcement Contract with the County of Santa Clara until the earlier of October 1, 2014 or until the execution of a new contract. Recommended Action: Authorize the City Manager to execute the First Amendment to the Law Enforcement Contract with the County of Santa Clara. Mahoney moved and Chang seconded to authorize the City Manager to execute the First Amendment to the Law Enforcement Contract with the County of Santa Clara. The motion carried unanimously (Wong and Santoro absent). REPORTS BY COUNCIL AND STAFF - None ADJOURNMENT At 11:10 a.m., Acting Mayor Sinks adjourned the meeting . CITY OF CUPERTINO Page 2 _______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U -verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0247 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Accept Accounts Payable for period ending May 2, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Accept Accounts Payable for period ending May 2, 2014 Adopt Resolution No. 14-163 accepting Accounts Payable for period ending May 2, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 2, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: Sheila Mohan, Interim Finance Director PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0248 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Accept Accounts Payable for period ending May 9, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Accept Accounts Payable for period ending May 9, 2014 Adopt Resolution No. 14-164 accepting Accounts Payable for period ending May 9, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 9, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0249 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Accept Accounts Payable for period ending May 16, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Accept Accounts Payable for period ending May 16, 2014 Adopt Resolution No. 14-165 accepting Accounts Payable for period ending May 16, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 16, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0251 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Accept Accounts Payable for period ending May 23, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Accept Accounts Payable for period ending May 23, 2014 Adopt Resolution No. 14-166 accepting Accounts Payable for period ending May 23, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 23, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0252 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Accept Accounts Payable for period ending May 30, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Accept Accounts Payable for period ending May 30, 2014 Adopt Resolution No. 14-167 accepting Accounts Payable for period ending May 30, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 30, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0135 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - 2014 Local Agency Biennial Notice Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees Rescind Resolution No. 12-076 and adopt Resolution No. 14-168 amending the Conflict of Interest Code of the City of Cupertino and the direct City Manager to sign the required 2014 Local Agency Biennial Notice CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 1, 2014 Subject Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees. Recommended Action Rescind Resolution No. 12-076 and adopt the draft resolution amending the Conflict of Interest Code of the City of Cupertino and direct the City Manager to sign the required 2014 Local Agency Biennial Notice. Discussion The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if it must be amended. Notice is required no later than October of even-numbered years. An amendment is required this year for the City of Cupertino Conflict of Interest Code to add the positions of Assistant City Manager - Community Development and Strategic Planning, Finance Manager, Human Resources Manager, Management Analyst, Park Restoration and Improvement Manager, Permit Technician, Plan Check Engineer, Service Center Superintendent, Senior Engineering Technician, Senior Management Analyst, and Sustainability Manager; and to delete the position of Environmental Affairs Coordinator; and to amend the titles of Public and Environmental Affairs Director to be Public Affairs Director , and Redevelopment/Economic Development Manager to be Economic Development Manager. _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution B – 2014 Local Agency Biennial Notice RESOLUTION NO. 14- A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 12-076 AND ADOPTING A REVISED CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO FOR OFFICIALS AND DESIGNATED EMPLOYEES RESOLVED, by the City Council of the City of Cupertino as follows: 1. Amendment and Repeal That the Code entitled, “Conflict of Interest Code of the City of Cupertino for Officials and Designated Employees” is hereby amended, approved, and adopted as set forth in Exhibit A, along with attached app endices A, B, and C incorporated herein by reference in which members and employees are designated hereto and by this reference made a part hereof. It is further resolved that Resolution 12-076 is hereby rescinded. 2. Filing of Resolution The City Clerk is hereby directed to file a copy of this resolution with her office and to make it available to members of the general public. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July, 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 Resolution No. 14- Page 2 EXHIBIT A CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO FOR OFFICIALS AND DESIGNATED EMPLOYEES The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Ca l. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with attached Appendix in which members and employees are designated and disclosure categories are set forth constitutes the conflict of interest code of the City of Cupertino. Officials and designated employees shall file statements of economic interests (Form 700) with the City Clerk who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements (Form 700) of the City of Cupertino City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. The City Clerk will retain original statements for all other designated employees. It has been determined that the positions listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200: City Treasurer Deputy City Treasurer Resolution No. 14- Page 3 APPENDIX A DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these six categories: CATEGORIES  Investments - Stocks, Bonds and Other Interests (Ownership is Less Than 10%)  Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater)  Interests in Real Property (Including Rental Income)  Income, Loans and Business Positions (Other than Gifts and Travel Payments)  Income - Gifts  Income – Gifts (Travel Payments, Advances, and Reimbursements) DESIGNATED POSITIONS Assistant City Attorney Assistant Director of Public Works Assistant City Manager - Community Development and Strategic Planning City Attorney City Manager Consultants** Deputy City Attorney Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Finance Director Finance Manager Human Resources Director Human Resources Manager ** A Consultant is defined as an individual who contracts with or whose employer contracts with state or local government agencies and who makes, Resolution No. 14- Page 4 participates in making, or acts in a staff capacity for making governmental decisions. FPPC Regulation 18701 defines “consultants” as including the following individuals who make a governmental decision whether to: • Approve a rate, rule, or Regulation • Adopt or enforce a law • Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement • Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval • Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract • Grant agency approval to a plan, design, report, study, or similar item • Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any of its subdivisions A consultant also is an individual who serves in a staff capacity with the agency and: • Participates in making a governmental decision; or • Performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s conflict-of-interest code. The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City M anager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Resolution No. 14- Page 5 APPENDIX B DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these three categories: CATEGORIES  Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater)  Income, Loans and Business Positions (Income other than Gifts and Travel Payments)  Income – Gifts (Travel Payments, Advances, and Reimbursements) DESIGNATED POSITIONS Employees: Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Building Inspector Building Official Capital Improvement Program Manager City Clerk City Planner Code Enforcement Officer Engineering Technician Environmental Affairs Coordinator Environmental Programs Manager Information Technology Manager Management Analyst Park Restoration and Improvement Manager Permit Technician Plan Check Engineer Public and Environmental Affairs Director Public Works Inspector Public Works Projects Manager Resolution No. 14- Page 6 Service Center Superintendent Public Works Supervisor Recreation Supervisor Redevelopment/Economic Dev. Mgr. Senior Building Inspector Senior Civil Engineer Senior Code Enforcement Officer Senior Engineering Technician Senior Management Analyst Senior Planner Senior Recreation Supervisor Sustainability Manager Web Specialist Resolution No. 14- Page 7 APPENDIX C COMMISSIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these two categories: CATEGORIES  Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater)  Income, Loans and Business Positions (Income other than Gifts and Travel Payments) COMMISSIONS Audit Committee Bicycle Pedestrian Commission Fine Arts Commission Housing Commission Library Commission Parks and Recreation Commission Public Safety Commission Technology, Information, and Communications Commission Name of Agency: Mailing Address: Phone No:Contact Person: E-Mail: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one box): An amendment is required. The following amendments are necessary: Include new positions (including consultants) that must be designated Revise disclosure categories Revise the titles of existing positions Delete positions that no longer make or participate in making governmental decisions Other (describe) (Mark all that apply.) The code is currently under review by the code reviewing body. No amendment is required. (If your code is more than five years old, amendments may be necessary.) This agency’s conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions. The code includes all other provisions required by Government Code Section 87302. Verification Signature of Chief Executive Officer Date Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC California Fair Political Practices Commission www.fppc.ca.gov 866-275-3772 advice@fppc.ca.gov 6/14 2014 Local Agency Biennial Notice CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0277 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Adopt Resolution No. 14-169 approving the destruction of records CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 1, 2014 Subject Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Recommended Action Adopt the draft resolution approving the destruction of records. Discussion The City Council has adopted a records retention schedule for the City of Cupertino, Resolution No. 13-094. The retention schedule determines that certain records in excess of two years old can be destroyed. The department request for permission to destroy all said records in excess of two years old as noted in the draft resolution attachment has been approved by the City Attorney, City Clerk, and Department Head. _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE CITY CLERK, PUBLIC WORKS, AND PARKS & RECREATION (SPORTS CENTER) DEPARTMENTS WHEREAS, the City Council did by adoption of Resolution No. 13- 094 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the department 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 No. 13-094; 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 1st day of July, 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 14- Sp o r t s C e n t e r CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0255 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/10/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract Action ByDate Action ResultVer. City Council7/1/2014 1 Subject :Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Authorize the City Manager to execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ PARKS AND RECREATION DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3226 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 1, 2014 Subject Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Recommended Action Authorize the City Manager to execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Description The City currently has an agreement with the County of Santa Clara Office of the Sheriff for general law enforcement and emergency communication services. The term of the agreement is for ten (10) years with an option to renew for an additional five (5) years. Discussion Representatives from Los Altos Hills, City of Saratoga, Santa Clara County Sheriff’s Office and the City of Cupertino have been meeting to negotiate a new contract. The Sheriff’s Office has requested a new contract in lieu of extending the existing contr act for an additional five years, to correspond with the new lease agreement for the West Side Substation. The contract calls for annual increases based on the percentage increase in total compensation provided to patrol deputies or an average December to December consumer price index for urban wage earners (CPI/W) plus 2%, whichever is less. The increase over the life of the agreement will not exceed the annual cumulative average of CPI/W plus 2%. Other contract changes include the cost sharing for the Westside Station lease which will range from 2.5% to 5% as set forth in the lease agreement. The Sheriff’s Department and City management will meet and approve a service delivery plan which sets forth the level of law enforcement services and costs of tho se services each year. This provides the City with the option of modifying its enforcement based on changing community needs. This contract was approved by the cities of Los Altos Hills and Saratoga in June and ratified by the County on June 24, 2014. The County also approved our First Amendment to the contract on June 24th which extends the rights and responsibilities under the terms of our existing contract until the earliest of October 1, 2014 or until execution of the new contract. Fiscal Impact The proposed contract for FY 2014/15 is for $9,840,602, which represents a 4% increase over the FY 2013/14 budget amounts. ____________________________________ Prepared by: Carol A. Atwood, Director of Parks and Recreation and Captain Kenneth Binder, Santa Clara County Office of the Sheriff Approved for Submission by: David Brandt, City Manager Attachment: A – Draft Contract LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the City of Cupertino, State of California, hereinafter referred to as "City." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and City desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. Law Enforcement Services 1. Within the corporate limits of City, County shall provide police protection through its Sheriff’s Department Officeas may be required by City and as within the capability of the Sheriff to provide. Services to be performed under this section(A)(l) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached. 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section(A)(1), the Sheriff or his/her designee shall meet with the representative(s) of City to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of City, County shall, through its Sheriff’s DepartmentOffice, provide supplemental services as requested by the City. The cost of such services shall be at the rate set forth in Exhibit A. Services to be performed under this section (B)(l) shall be provided exclusively within the City limits of City except in an emergency. These services may include, if requested by City, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide. 2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of City. 3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the City prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty (60) days written notice by either party. City may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services. 4. Regional assets shall provide services to City on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol. C. Supplemental Reserve Services These services are provided by reserve deputysheriffs deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by City and approved by the Sheriff’s Office. D. Plan for Service 1. Prior to April March 1st of each contract year, City shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. If City fails to request a specific level of service of the coming fiscal year not less than thirty (30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thrity (30) days. 2. In AprilPrior to March 15th of each contract year, City and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assignment and Transfer Policy Sheriff’s deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to City for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred inwith by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to City for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred inwith by the Sheriff. F. Designation of Chief of Police If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits City from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this department Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan 1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in City, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). 2. Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. 3. A pre-designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the EmergencyOperations Center and coordinate law enforcement responsibilities. 4. The pre-designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services. 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by City. 5.6. In the event a major disaster occurs, the Sheriff’s Office shall provide support as required to comply with the City’s emergency operations cost recovery efforts. H. Criminal Justice Administrative FeeBooking and Processing Services County shall provide booking and processing services to those arrested persons within the Corporate limits of City, and who are brought to the County jail for booking or detention.as set forth in a separate agreement. I. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriff’s department Officeand City's operations. Services will include 24 hour per day 9-1-1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures. II. COMPENSATION A. Compensation for Law enforcement Services Provided by Sheriff 1. The City shall compensate the County utilizing the 2004-05 Fiscal Year 2014/2015 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation (exclusive of PERS) provided to all patrol deputies of the Sheriff’s department Office as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period from February December to February December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index for the San Francisco/-Oakland/- San Jose region for the Urban Wage Earners (hereinafter "CPI/W") plus 2%, whichever is less. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year life of the agreement. In addition, the city agrees to absorb compensate the county for any PERS cost increases charged to the County.percentage increase in actual County PERS costs, adjusted by PERS for averaging. For PERS contributions due in one year and deferred to future years under PERS averaging, the PERS amount deferred shall accrue interest until paid at the rate of 8.25% (same rate charged by PERS to the County). These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. 2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. City or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Citydoes not approve them, the Sheriff is not obligated to provide suchservices over and above the level of services provided in the plan. City isnot obligated to pay for services in an amount greater than the total thathas been approved in the plan. The County agrees that it will notunilaterally reduce the level of law enforcement services without priorconsultation with the City. 3. In those years during which a contract is to be negotiated between theCounty of Santa Clara and the Deputy Sheriffs Association, and has notbeen settled for the purpose of computing increases in this agreement, thecounty shall utilize 'the average CPI/W plus 2% for computation of saidincreases plus any additional PERS contribution increases. County willsubsequently notify city of any increases in rates resulting from the newcontract terms, within thirty(30) days of the date of such contractresolution. For years in which compensation is increased in a multi-yearcontract, the annual increase to law enforcement service costs shall belimited to the average compensation increase for each year of the contract,not to exceed CPI/W plus 2% for each individual year. The increase overthe life of the agreement will not exceed the actual cumulative average ofCPI/W plus 2% for the ten year agreement. 4. County shall specify to City, not less than sixty (60) days prior to the startof City's fiscal year the new projected budget annual contract, amount. 5. a. City shall compensate County at the primary rate, for the"Activity" and "Patrol" time expended in the City. Activity andPatrol time include those categories identified as Codes 671through 674672, 6827220, 8468385, and 847c8390. Additionally, County shall charge Ccity for meal periods, "beat preparation" time and "securingfrom beat" time at the rate of ten percent (10%) of the above referenced hours. b. "Activity" and "Patrol" times are identified through the CountyPatrol Activity Network Analysis (COPANA) and Patrol ActivityReport (PAR). A listing of items and their designations as"Activity" or "Patrol" are to be set forth in the attachment to theyearly plan for service. The COPANA and PAR software applications may be updated or exchanged for newer software applications during the life of the agreement. B. Supplemental/Reserve Service 1. Compensation for all services within Sections LA., B. and C. to berendered pursuant to this agreement shall be based upon one of thefollowing five (5) rates per hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with operating a Sheriff’s patrol vehicle. b. Supplemental Day Rate. This rate is calculated according to the cost of operating a single Deputy with patrol vehicle one-person Sheriffs vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. c. Supplemental Night Rate. This rate is calculated according to :,the cost of operating a single Deputy with patrol vehicle one-person Sheriffs vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost of operating a two-person Reserve Deputy Sheriff' with patrol vehicle. s Vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Eexhibit A. C. Base Rent and Operating Costs of Westside Substation 1. City and County shall share the costs of renting and operating the West Valley Division side Substation as follows: a. The City's share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC Limar Realty Group dated 8/30/2004 (TBD, new date forthcoming soon). The monthly base rent will increase 3%[TBD, new rate forthcoming soon] 2.5% each year commencing November 8, 2005 [TBD, new date forthcoming soon] November 8, 2014 and. City shall be responsible for its share of this base rent increase. City shall be responsible for any increase in operating expenses and real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 2004 Base Year. Yearly increases in controllable operating costs (other than insurance, taxes and utilities) shall be capped at 5%. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. The City's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year. b. City shall pay to County monthly that portion of the substation operating costs attributable to City. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C.l.a., shall be mutually agreed to by the parties to this agreement. c. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation. d. Prorata share to City for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by City to County in the following manner: 1. The City shall pay to County an amount equal to one-twelfth of the annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year. 2. Adjustment to the law enforcement annual projected budget-amount shall be performed every three yearsafter the initial year of the contract as follows: a. The difference between the actual cost of police services for the previous three years, as shown by the COPANA report and the amount actually paid by City to County for those services shall be added to, or subtracted from, the amount paid for the prior three years. b. Other police services not included in COPANA Reports shall be reconciled every three years for those specific services. 3. Payments, or any portion thereof, not made by City to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent(10%) per annum until paid. Interest so accrued shall be payable to county on the last day of the month in which it accrued. 4. By September 30 following the end of each of the contract reconciliation years, County shall provide to City the COPANA report for the entire contract years. If the amount actually paid by City to County exceeds the cost of law enforcement services and operating costs of Westside Valley Station as set forth in the COPANA report, County shall pay to City the amount of such excess by October 1 following the end of the contract year. " Within twenty-one (21) days of receipt of such final COPANA report, city shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by City for such services. For purposes of calculating the final amount due to County from City, City's credit for the amount actually paid by City shall not include any interest paid by City due to late monthly payments. III. REPORTS A. Monthly Reports 1. County shall provide to City on a monthly basis report(s) on the incidence of crime and "activity" and "patrol" hours expended within City. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and City. 2.1. County shall provide such month end reports to City within thirty (30) days of the last day of that month. 3.2. By September 30 following the end of the contract year, County shall provide to City the COPANA report for the entire contract year. 4.3. Special additional reports requested by City may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the County and its employees set forth in this agreement. B. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the City and its employees set forth in this agreement. C. This mutual indemnification agreement is adopted pursuant to Government code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895.6. V. INSURANCE AND LIABILITY County and City shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement. VI. TERM OF AGREEMENT This agreement shall become effective on 7/1/1404, and may be terminated without cause by County or City upon the giving of one-hundred and eighty (180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty (120) months until 7/1/2414, subject to any modifications which are made in accordance withthe terms and conditions of this agreement. If City elects to terminate this Agreementprior to the expiration of the ten-year term, the City shall nonetheless pay the full amountof its pro-rata share remaining on County tenant improvements, moving costs andremaining lease commitments for the West Valley Division side substation. At the expiration of this ten (10) year contract, this contract can be renewed for anadditional five (5) year period upon written notice of renewal by City and the County tothe other parties at least one hundred eighty (180) days prior to the expiration of thiscontract. COUNTY OF SANTA CLARA Date: ______________________________ By:___________________________ Pete KutrasMike Wasserman, President County ExecutiveBoard of Supervisors Signed and certified that a copy of this Document has been delivered by electronic Or other means to the President, Board of Supervisors. Attest:_______________________________ Dated:_______________________ Lynn Regadanz, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: ___________________________________ Cheryl Stevens, David Kahn, Deputy County Counsel (Date) CITY OF CUPERTINO Date:______________________________ By:___________________________ David Brandt, City Manager . APPROVED AS TO FORM AND LEGALITY: ___________________________________ Carol Korade, City Attorney (Date) Law Enforcement Contract Exhibit B Compensation for Services To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: 1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation (salary and benefits) at top step for a 40-hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount (exclusive of PERS) will be divided by the total compensation effective on the prior July 1 (exclusive of PERS), to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2014/201504-05: Base Year 2014/201504-05 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2015/2016 05-06 through 2024/202514-15: Preceding Base Year Costs X Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers (CPI/W) CPIIW plus 2% (For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPIIW CPI/W plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0295 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/25/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Sponsors:Julia Kinst Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Approve Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY COUNCIL STAFF REPORT Meeting: July 1, 2014 Subject Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A (KC & H Holding LLC) Recommended Action Approve application for On-Sale Beer and Wine Description Name of Business: 212 New York Pizza Location: 19998 Homestead Road, Suite A Type of Business: Restaurant Type of License: 41 - On Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fee, Person-to-Person Transfer, Federal Fingerprints, Issue Temporary Permit, State Fingerprints Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0296 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/25/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Sponsors:Julia Kinst Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Approve Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ CITY COUNCIL STAFF REPORT Meeting: July 1, 2014 Subject Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Recommended Action Approve application for On-Sale Beer and Wine Description Name of Business: Chili Pot Location: 20956 Homestead Road, Suite D Type of Business: Restaurant Type of License: 41 - On Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fee, Original Fees, Federal Fingerprints, State Fingerprints Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0253 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/9/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council7/1/2014 1 Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Accept the Bicycle Pedestrian Commission (BPC)recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2014 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ 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: July 1, 2014 Subject Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC). Recommended Action Accept the Bicycle Pedestrian Commission (BPC) recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2014. Discussion VTA has requested that the City of Cupertino appoint its representative to VTA’s BPAC for the upcoming two-year term that begins July 1, 2014. The term for Cupertino’s current BPAC representative, James Wiant, expires on June 30, 2014. Mr. Wiant has served two terms and is eligible for reappointment to a third term. The VTA staff report stated that Mr. Wiant has an extremely good attendance record and has served in good standing. The BPAC is a 17-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects in the county. Members must live and/or work in Santa Clara County during their term and cannot be staff of either VTA or the member agency they represent. Cupertino has one membership position on the committee. Fiscal Impact There is no fiscal impact. _____________________________________ Prepared by: David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: None CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0149 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Summarily vacate and approve the sale of a portion of San Felipe Road, south of Alcalde Road to Neel Dhamdhere. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - Map Action ByDate Action ResultVer. City Council7/1/2014 1 Subject :Summarily vacate and approve the sale of a portion of San Felipe Road,south of Alcalde Road to Neel Dhamdhere. Adopt Resolution No.14-170 approving the summary vacation and sale of a portion of San Felipe Road to Neel Dhamdhere,in the amount of $6,000,and authorize the City Manager to execute all of the necessary documents. CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™ 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: July 1, 2014 Subject Summarily vacate and approve the sale of a portion of San Felipe Road, south of Alcalde Road to Neel Dhamdhere. Recommended Action Adopt Resolution No. 14-___ approving the summary vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the amount of $6,000, and authorize the City Manager to execute all of the necessary documents. Discussion On April 27, 2012, Neel Dhamdhere submitted an application for a two-story permit at 22772 Alcalde Road, located on the southeast corner of San Felipe Road and Alcalde Road. During the noticing period for the project, Randy Brown, a neighbor to Mr. Dhamdhere, brought forth information regarding the common property line located between their two properties, which conflicted with the plans that were submitted to the City. Public Works staff has investigated the situation and has discovered that many of the homes, as well as the private driveways along the southerly side of Alcalde Road, were not constructed within the established boundaries of the Inspiration Heights Subdivision Map that was recorded in 1917. After further investigation, staff discovered that the home at 22772 Alcalde Road was not situated within the property boundaries as shown on the subdivision map, but was located within the originally mapped San Felipe Road right of way limits. San Felipe Road was constructed west of its mapped location, near the westerly edge of the house at 22772 Alcalde Road. A large portion of the easterly side of Mr. Dhamdhere’s property is occupied by existing facilities being utilized by neighboring property owners, which include a driveway and a portion of a residential home. Public Works and the City Attorney’s Office worked closely to resolve the property line issues of Mr. Dhamdhere, while protecting the interests of City residents and the neighboring property owners. A three-step approach has been proposed to establish property lines consistent with the existing conditions. These steps consist of a quiet title action, a lot line adjustment and a summary street vacation. The quiet title action was completed and recorded on October 4, 2013. The Lot Line Adjustment will be completed after this vacation of San Felipe Road is resolved. In order to set the location of the westerly property line of Mr. Dhamdhere’s property, an approximate 9' wide strip of land will need to be vacated by the City . The land to be vacated currently has situated within it a private walkway adjacent to the house and a private retaining wall. By purchasing this vacated land, the property owner will also accept responsibility for ongoing maintenance of these facilities. The City would be left with a 21' wide right-of-way for San Felipe Road that includes a 20' wide paved driving surface, which would provide adequate access for emergency response vehicles and the public. Staff has completed negotiations with Mr. Dhamdhere, based on direction provided by Council at a closed session held on October 15, 2013. This vacation will allow the property owner to redevelop his property and remove a cloud on his title. This action would vacate the City’s interest in said land only, including rights of ingress and egress to the public, but would reserve existing utility easement interests in said property. Fiscal Impact The sale price is $6,000. The funds will be deposited to the City’s General Fund. ___________________________________ Prepared by: Chad Mosley, Senior Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution B - Map RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF SAN FELIPE ROAD, EXCEPTING THEREFROM ALL UTILITY EASEMENTS AND INTERESTS, AS PROVIDED IN SECTION 8320 AND 8340ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, a portion of a City street known as San Felipe Road and more particularly described in legal description and plat map attached hereto and made part hereof as Exhibits “A” and “B”, is deemed unnecessary for present and prospective public street purposes; and WHEREAS, the City Council determines that the public convenience and necessity require the reservation and exception from vacation of any and all public utility easements over the said portion of San Felipe Road. WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 and 8340 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation, while reserving all public utility easements. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby summarily vacates the aforesaid portion of City street. BE IT FURTHER RESOLVED that the City Clerk shall have the street vacation recorded with the Santa Clara County recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________ ________________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor ATTACHMENT A 22766 22751 10555 22744 22760 22740 2276222772 10490 10500 10530 10549 22821 1052510521 10517 10511 10437 10427 10407 10416 10426 10436 10446 10424 10425 1 0 4 3 5 1 0 4 3 4 1 0 4 4 4 1 0 4 4 5 A V E NID A L N A LICIA C T ALCALDE RD S A N F E L I P E R D . SubjectAdopt a resolution to summarily vacate and to approve the sale of a portion of SanFelipe Road, south of Alcalde Road to Neel Dhamdhere, in the amount of $6,000. Recommended ActionAdopt resolution No. 14-___ approving the summary vacation and sale of a portion ofSan Felipe Road to Neel Dhamdhere, in the amount of $6,000, and authorize the CityManager to execute all of the necessary documents. ATTACHMENT B CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0131 Name: Status:Type:Public Hearing Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Public Hearing to Consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2014-15; and the Establishment of the Appropriation Limit; and Related Actions. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Neg Dec and CIP conformance to GP B - Draft Resolution Portion Operating and Capital Improvement Budget FY 2014-15 Related to Pass- C - Draft Resolution Operating Budget and Capital Budget FY 2014-15 D - Draft Resolution Appropriation Limit FY 2014-15 E - Follow Up Items for Council Action F - Adopted PC Resolution No. 6743 (CP-2014-01) G - ERC Recommendation of Negative Declaration Action ByDate Action ResultVer. City Council7/1/2014 1 Subject :Public Hearing to Consider the Capital Improvement Plan (CIP),including a Negative Declaration pursuant to the California Environmental Quality Act;and a finding of General Plan conformance;and the Recommended Budget for Fiscal Year 2014-15;and the Establishment of the Appropriation Limit; and Related Actions. a.Adopt Resolution No 14-171 adopting Negative Declaration EA-2014-05 for the Capital Improvement Plan (CIP)projects described in the FY 2014-15 Recommended Budget and finding that the CIP is in conformance with the General Plan. b.Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues for the Apple Campus 2 project. c.Adopt Resolution No.14-173 establishing an Operating Budget and Capital Budget for Fiscal Year 2014-15. d.Adopt Resolution No.14-174 establishing an Appropriation Limit for Fiscal Year 2014- 15. e.Take action on items listed in the Follow Up Items for Council Action section of this CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 2 powered by Legistar™ File #:14-0131,Version:1 e.Take action on items listed in the Follow Up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2014-15 Recommended Budget and Resolutions i.$15,000 reduction in unrequested Community Funding dollars CITY OF CUPERTINO Printed on 6/25/2014Page 2 of 2 powered by Legistar™ 1 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: July 1, 2014 Subject Public Hearing to Consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2014-15; and the Establishment of the Appropriation Limit; and Related Actions. Recommended Action A. Adopt a Negative Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended Budget and find that the CIP is in conformance with the General Plan (Attachment A). B. Adopt draft resolution establishing a Portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15 Related to Pass-Through Revenues for the Apple Campus 2 Project (Attachment B). C. Adopt draft resolution establishing an Operating Budget and Capital Budget for Fiscal Year 2014-15 (Attachment C). D. Adopt draft resolution establishing an Appropriation Limit for Fiscal Year 2014- 15 (Attachment D). E. Take action on items listed in the Follow Up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2014-15 Recommended Budget and Resolutions i. $15,000 reduction in unrequested Community Funding dollars 2 Description The California Government Code requires a Public Hearing be held prior to the adoption of the City’s budget. The purpose of the public hearing is to provide an opportunity for residents to voice their opinions on the City’s budget and the appropriations limit. In prior years the budget hearing and adoption were held in separate meetings. California Government Code permits the budget hearing and adoption of budget to take place in the same meeting. Staff is recommending Council do both at the same meeting for FY 2014-15 as was done for the FY 2013-14 budget last year. Council will first hold the public hearing then after the public hearing is closed, move to consider budget adoption. In addition, Article XIIIB of the California Constitution established appropriations limits on government agencies within California. Originally established by Proposition 4 in 1979, the appropriations limit places a maximum limit on the appropriations of tax proceeds that can be made by the state, school districts, and local governments in California. Fiscal Impact The recommended Budget for FY 2014-15 reflects a total City budget of $120,806,522 an increase of $31.7 million or 36% when compared to the FY 2013 -14 Final Budget. The recommended budget is summarized by fund and source of funding in the following table and pie chart: Fund Type Total Recommended Expenditures Total Recommended Department Revenue Fund Balance & One Time Funding Required General Fund Contribution General $ 77,582,079 $ 56,112,500 $ (21,994,389) $ (524,810) Special Revenue 15,264,869 2,956,943 (741,569) 11,566,357 Debt Service 3,171,838 - - 3,171,838 Capital Projects 4,968,000 986,000 - 12,898,787 Enterprise 10,228,239 6,991,278 (3,123,304) 113,657 Internal Service 7,291,497 4,364,386 (2,336,464) 590,647 Total $ 118,506,522 $ 71,411,107 $ (28,195,726) $ 27,816,476 3 FY 2013-14 Recommended Budget by Fund $118,506,522 General Fund The General Fund is used to pay for core services such as public safety, parks and recreation, development services, maintenance of the City’s assets, and a host of other vital services. The revenue used to pay for these services comes primarily from local taxes such as property tax and sales tax, franchise fees, charges for services, and a variety of other discretionary sources. As illustrated in the following chart, the majority of the General Fund supports costs for non-departmental (transfers out to other funds), public works and law enforcement. The City’s total budget is anticipated to increase in comparison to the FY 2013-14 Adopted Budget. The City’s General Fund expenditures are recommended at $77,582,079, an increase of $25.4 million or 44% from the Fiscal Year 2013-14 Adopted Budget. This increase is primarily attributed to several one -time special and capital projects costs. The General Fund is balanced through the use of General Fund revenue of $56,112,500 and $21,994,389 in unassigned fund balance. General 77,582,079 65.5% Special Revenue 15,264,869 12.9% Debt Service 3,171,838 2.7% Capital 4,968,000 4.2% Enterprise 10,228,239 8.6% Internal Service 7,291,497 6.2% 4 FY 2013-14 Recommended General Fund Budget by Department $77,582,079 General Fund Revenue The FY 2014-15 Recommended Budget forecasts general fund revenue of $56,112,500 This is an increase of 3,923,840 or 8% when compared to the FY 2013-14 Adopted Budget. The following table represents the total general fund revenue: GENERAL FUND REVENUE SUMMARY FY 2012-13 FY 2012-13 FY 2013-14 FY 2014-15 Percent REVENUES Actuals Amended Estimate Proposed Change* Sales Tax 18,721,662 16,215,000 18,388,000 18,288,000 12.8% Property Tax 14,932,691 14,459,000 14,349,000 15,067,000 4.2% Transient Occupancy 3,768,504 4,400,000 4,400,000 4,510,000 2.5% Utility Tax 2,994,526 3,253,000 3,048,000 3,100,000 -4.7% Franchise Fees 2,848,951 2,905,000 2,849,000 2,897,000 -0.3% Other Taxes 2,077,628 9,492,000 9,373,000 5,020,000 -47.1% Licenses & Permits 3,502,618 3,480,000 3,100,000 1,600,000 -54.0% Use of Money & Property 721,148 660,000 696,000 724,000 9.7% Intergovernmental 382,535 265,000 365,000 265,000 0.0% City Council & Commissions 710,454 0.9% Administration 3,817,005 4.9%Law Enforcement 10,175,620 13.1% Public Affairs 558,195 0.7% Administrative Services 2,310,281 3.0% Recreation and Community Services 5,477,129 7.1% Planning and Community Development 7,281,754 9.4% Public Works 14,368,355 18.5% Non Departmental 32,883,286 42.4% 5 GENERAL FUND REVENUE SUMMARY FY 2012-13 FY 2012-13 FY 2013-14 FY 2014-15 Percent Charges for Services 4,095,027 16,265,689 17,580,000 4,091,500 -80.6% Fines & Forfeitures 560,417 620,000 550,000 550,000 -11.3% Miscellaneous/Non-Op 56,093 23,877,257 23,900,000 0 -100.0% TOTAL REVENUE 54,661,799 95,891,946 98,598,000 56,112,500 -42.5% General Fund – Fund Balance The General Fund unassigned fund balance is projected to decrease from the current year end estimate of $28.5 million to $822,038 in FY 2014-15. This is mostly due to one- time special projects and the transfer of excess General Fund unassigned fund balance above policy level to the Capital Reserve per the City’s reserve policy. The following table shows changes to fund balance for the General Fund since the close of fiscal year 2013-13: Year End Adopted Year End Projection Proposed Proposed CLASSIFICATION 2012-13 2013-14 2013-14 Changes 2014-15 Other Classifications 1,682,730 1,699,003 1,699,003 (16,158) 1,713,184 Assigned Economic Uncertainty I 12,500,000 12,500,000 12,500,000 5,500,000 18,000,000 Economic Uncertainty II 1,400,000 1,400,000 1,400,000 (1,400,000) - Economic Fluctuation 2,000,000 2,000,000 2,000,000 (600,000) 1,400,000 PERS 500,000 500,000 500,000 (400,000) 100,000 Reserve for Encumbrances - 172,659 172,659 - 172,659 Revenue Liability - 3,920,000 3,920,000 5,020,000 8,940,000 General Building 1,267,233 357,449 1,148,549 (544,810) 603,739 I-280 Trail Study per Apple DA Agreement - - 250,000 - 250,000 Wolfe Road Transportation Study per Apple DA Agreement - - 1,000,000 - 1,000,000 Total Assigned 17,667,233 20,850,108 22,891,208 7,575,190 30,466,398 Unassigned 16,694,346 4,416,454 28,517,146 (27,695,108) 822,038 TOTAL FUND BALANCE 36,044,309 26,965,565 53,107,357 (20,136,076) 33,001,620 6 Special Revenue Funds Special Revenue Funds are a fund type used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specific purposes. The largest Special Revenue Fund is the Transportation fund. Other funds account for Storm Drain and Affordable Housing programs. The Recommended Budget for Special Revenue Funds for FY 2014-15 is $15.3 million. Budgets within the Special Revenue Funds are funded by $2.9 million in department revenue and $11.6 million in transfers from the General Fund resulting in a decrease to fund balance of $741,569. The Special Revenue Funds are projected to begin the fiscal year with a cumulative $15.3 million in fund balances and are projected to end the year with cumulative fund balances of $14.5 million. Capital Project Funds The Capital Improvement Project Fund, Stevens Creek Corridor Park, and Capital Reserve are currently in the Capital Projects Fund type category. This fund type is typically used to account for financial resources that are used for the acquisition or construction of City facilities. The Recommended Budget for Capital Projects Funds for FY 2014-15 is $7.2 million. Budgets within the Capital Project Funds are funded by $16.2 million in transfers from the General Fund resulting in an increase to fund balance of $8.9 million. The Capital Projects Fund is anticipated to begin the fiscal year with $15.3 million in fund balances and is projected to end the year with fund balances of $24.2 million. Enterprise Funds Enterprise Funds are set up for specific services that are funded directly by fees charged for goods or services. Enterprise Funds consist of Resource Recovery for the solid waste collection franchise, Blackberry Farm for the City-owned golf course, the Cupertino Sports Center, and Recreation Programs for cultural, youth, teen, sports, an d physical recreation programs. The Recommended Budget for Enterprise Funds for FY 2014-15 is $10.2 million. Budgets within the Enterprise Funds are funded by $7 million in program revenue and $113,657 in transfers from the General Fund, resulting in a decrease to fund balance of $3.1 million. The Enterprise Funds are projected to begin the fiscal year with $10.7 7 million in fund balances and are projected to end the year with fund balances of $7.6 million. Internal Service Funds Internal Service Funds are used for areas where goods or services are provided to other City departments or governments on a cost -reimbursement basis. Internal Service Funds comprise funds and programs for information technology, City Channel and website, workers’ compensation, equipment, compensated absence, long-term disability, and retiree medical insurance. The FY 2014-15 Recommended Budget for the Internal Service Funds is $7.2 million. Budgets within the Internal Service Funds are funded by $4.4 million in department revenue and $0.6 million in transfers from the General Fund resulting in a decrease to fund balance of $2.3 million to fund replacement equipment and offset costs related to retiree medical. The Internal Service Funds are projected to begin the fiscal year with $9.9 million in fund balances and are expected to end the year with fund balances of $7.6 million. Ongoing Challenges Revenue Volatility As discussed in the City’s Fiscal Strategic Plan, our revenue mix is heavily reliant on volatile business-to-business sales tax, which makes up approximately 24% of the City’s annual General Fund revenues. Business-to-business sales taxes are very sensitive to economic fluctuations as evidenced by Cupertino’s experience during the dotcom bust from 2000-2004. Our heavy reliance on the volatile high tech industry also makes us vulnerable. The loss of two of our top three sales tax producers in FY 2013-14 has been partially offset by renegotiation in the Apple sales tax rebate agreement; however, it will only make the city more reliant on one single major tax producer, makin g us more vulnerable to its business volatility. Sales Tax Liability Beginning in FY 2013-14 and throughout the five-year forecast period, the City will be building up a Revenue Liability Reserve to account for the $14.4 million currently at risk ($12.4 from prior years and $2.0 million estimated in FY 2013-14). The City is assuming the loss of these sales tax revenues ongoing. Any sales tax revenues received from this source will also be placed in the reserve. 8 Health Benefits There is uncertainty around how the implementation of the Affordable Care Act (ACA) will affect the City. Beginning in 2018, the so called “Cadillac Tax” will impose an excise tax for any employer-sponsored health coverage whose value exceeds $10,200 per year for individuals and $27,500 for families. A 40% excise tax will be imposed on the amount that exceeds the predetermined thresholds. Some of the City’s current health plans would fall under the definition of a Cadillac plan, however, CalPERS has assured cities its plans will remain under the Cadillac Tax level. Retirement Benefits Significant investment losses experienced by CalPERS during the great recession resulted in overall funded status of the retirement system dropping to 60.0% for public agencies. Given the recovery, the funded status has improved to 68.9% for public agencies. The desired goal is 100% funded status, where assets on hand are equal to the desired level of assets needed to pay pension benefits. After a thorough analysis, CalPERS actuaries determined the retirement system was at significant risk of falling to dangerously low funded status levels under existing actuarial policies. This prompted the CalPERS Board to adopt revised actuarial policies that aim to return the system to 100% funded level within 30 years. The new method includes changing the asset smoothing period from 15 years to 5 years and paying gains and losses over a fixed 30 year period with a 5-year ramp up at the beginning of the 30-year period and a 5-year ramp down at the end. The new method is expected to increase public agency retirement contributions beginning in FY 15-16. The CalPERS rate increase for FY 2014- 15 is 8%, with an expected additional increase of at least 4.5% in FY 2015-16. In addition to CalPERS actuarial methods, forecasted increases could result from future asset returns, changing demographics, and salary increases. Rates are predicted to increase substantially beginning in FY 2015-16 and level off after the 5-year ramp up period. UNMET NEEDS As the City prepared its FY 2014-15 Recommended Budget, some issues surfaced for which funding had not yet been identified. These items include: Unfunded Infrastructure Backlog Capital Improvement Projects – Several desirable Capital Projects are listed in the unfunded project section of the Capital Improvement Plan (CIP). Current estimates for these unfunded projects are approximately $12.5 million. 9 Budget Study Session On May 13, 2014, the City Council held a Budget Study Session to review, in detail the City Manager’s FY 2014-15 Recommended Budget. At the study session, Council directed staff to come back with new or additional information on a variety of items. Attachment E is a listing of these Council requests and staff responses. Conformance with the General Plan and Environmental Review State law and the Cupertino Municipal Code Section 2.32.070.C require the Planning Commission to review the CIP for consistency with the General Plan and make a recommendation on the environmental assessment. On May 16, 2013, the Environmental Review Committee (ERC) examined the CIP and found that there are no significant cumulative environmental impacts. Consequently, the granting of a Negative Declaration for the entire CIP is recommended. The Planning Commission reviewed the project at a public hearing on May 27, 2014 , and found that the CIP is consistent with the General Plan and recommended adoption of a Negative Declaration for the project (see Attachments F and G). The CIP list for FY 2014-15 includes the following: Projects with deferred environmental analysis:  Civic Center Master Plan, Accessibility Transition Plan Update, Stevens Creek Corridor Park Chain Master Plan- McClellan to Stevens Creek Blvd, Library- Story Room Expansion, Sidewalk Improvements- Orange and Byrne Avenue, McClellan Road Sidewalk Improvements- Phase 1, Storm Drain Master Plan Update, Environmental Education Center- Solar PV System, and City Hall- Distributed Antenna System (DAS). Location, improvements and possible environmental impacts cannot be ascertained at this time. Project details must be finalized for design and environmental analysis work. The remaining CIP projects included in this review are:  Repairs, renovations and relatively minor improvements to City infrastructure and facilities throughout the City; ____________________________________ Prepared by: Kristina Alfaro, Interim Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A. Draft Resolution – Adoption of Negative Declaration and CIP conformance with the General Plan 10 B. Draft Resolution – Pass thru revenue budget of City for fiscal year 2014-15 C. Draft Resolution – Operating and capital budget of City for fiscal year 2014-15 D. Draft Resolution – Appropriation limit for fiscal year 2014-15 E. Budget Study Session follow up items F. Planning Commission Resolution No. 6743 G. ERC Recommendation of Negative Declaration EA‐2014‐05, CP‐2014‐01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 14‐ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, FOR WHICH AN INITIAL STUDY WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND FINDING THE PROPOSED FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, FISCAL YEARS 2014‐15 TO 2018‐19 CONSISTENT WITH THE CITY OF CUPERTINO GENERAL PLAN SECTION I: PROJECT DESCRIPTION Application No.: EA‐2014‐05, CP‐2014‐01 Applicant: City of Cupertino Property Owner: City of Cupertino Location: City‐wide Subject: Proposed five year Capital Improvement Program, fiscal years 2014‐15 to 2018‐19 WHEREAS, the Planning Commission of the City of Cupertino received the proposed five‐year capital improvement program, fiscal years 2014‐15 to 2018‐19, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino and the Planning Commission held a public hearing on May 27, 2014 in regard to the project; and WHEREAS, the necessary notices have been given as required by the California Environmental Quality Act; and WHEREAS, the Planning Commission found in accordance with CMC Section 2.32.070C, that application CP‐2014‐01 is consistent with the City of Cupertino’s General Plan and a Negative Declaration of no significant environmental impacts (EA‐2014‐05) and recommended as such to the City Council under the California Environmental Quality Act Guidelines; and WHEREAS, the City Council has reviewed and considered the Initial Study/Negative Declaration for the Project, which is on file in the Office of Community Development, located at 10300 Torre Avenue, Cupertino, CA 95014‐3255, and is available for inspection by any interested person, and by this reference, incorporated into this Resolution as if fully set forth herein; Resolution No. 14‐ EA‐2014‐05, CP‐2014‐01 July 1, 2014 Page 2 WHEREAS, the Initial Study/Negative Declaration for the Project concluded that the Project will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council finds in accordance with CMC Section 2.32.070C, that application CP‐2014‐01 is consistent with the City of Cupertino’s General Plan and, further finds that based upon the entire record of the proceedings before it and all information before it that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt Negative Declaration (EA‐2014‐05) under the California Environmental Quality Act Guidelines. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application CP‐2014‐01 as set forth in the Minutes of City Council Meeting of July 1, 2014, and are incorporated by reference as though fully set forth herein. SECTION II: CEQA REVIEW An Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. which supports the Negative Declaration and a finding of no significant impacts. PASSED AND ADOPTED this 1st day of July, 2014, Regular Meeting of the City Council of the City of Cupertino, State of California, by the following roll call vote: Vote: Members of the City Council: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Grace Schmidt Gilbert Wong City Clerk Mayor, City of Cupertino Attachment A RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A PORTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2014-15 RELATED TO PASS-THROUGH REVENUES FOR THE APPLE CAMPUS 2 PROJECT WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, has determined that estimated revenues and fund balances are adequate to cover appropriations, and has recommended the allocation of monies for specified program activities; and WHEREAS, a portion of the Community Development Department budget for fiscal year 2013-2014 budget involves “pass-through” revenues paid to the City to cover the costs for various consultants needed on the Apple Campus 2 project, which have been included in the budget to provide transparency and accountability. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the following: Section 1: That portion of the Planning and Community Development Department budget for fiscal year 2014-2015 reflecting pass-through revenues paid to the City to cover consultant and expert costs associated with the Apple Campus 2 project, as shown in more detail on Attachment B1, attached and incorporated by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July 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 Attachment A1 Revenue Categories General Fund Special Revenue Fund Debt Service Fund Capital Project Funds Enterprise Funds Internal Service Funds 2013-2014 Proposed Budget Total Sales Tax -$ -$ -$ -$ -$ -$ -$ Property Tax - - - - - - - Transient Occupancy - - - - - - - Utility Tax - - - - - - - Franchise Fees - - - - - - - Other Taxes - - - - - - - Licenses & Permits - - - - - - - Use of Money & Property - - - - - - - Intergovernmental - - - - - - - Charges for Services 550,000 - - - - - - Fines & Forfeitures - - - - - - - Miscellaneous - - - - - - - Transfers In - - - - - - - TOTAL REVENUE 550,000$ -$ -$ -$ -$ -$ -$ Appropriation Categories General Fund Special Revenue Fund Debt Service Fund Capital Project Funds Enterprise Funds Internal Service Funds 2013-2014 Proposed Budget Total Employee Compensation - - - - - - - Employee Benefits - - - - - - - Materials - - - - - - - Contract Services - - - - - - - Contingencies - - - - - - - Cost Allocation - - - - - - - Special Projects 500,000 - - - - - - Capital Outlays - - - - - - - Debt Service/Other Uses - - - - - - - Transfers Out - - - - - - - TOTAL EXPENDITURES 500,000$ -$ -$ -$ -$ -$ -$ Depreciation Reserve - Net Increase (Decrease) in Fund Balance/Retained Earnings 50,000$ -$ -$ -$ -$ -$ -$ FISCAL YEAR 2014-15 PROPOSED BUDGET FINANCIAL OVERVIEW BY FUND Attachment B RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2014-15 BY RATIFYING THE ADEQUACY OF ESTIMATED REVENUES AND FUND BALANCES IN EACH FUND TO COVER APPROPRIATED MONIES, APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS, AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, has determined that estimated revenues and fund balances are adequate to cover appropriations, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the following sections as a part of its fiscal policy: Section 1: The estimates of available fund balances and anticipated resources to be received in each of the several funds during fiscal year 2014-15, as submitted by the City Manager in his proposed budget and amended during the budget study sessions, are sufficient to cover appropriations. Section 2. There is appropriated from each of the several funds the sum of money set forth as expenditures for the funds named in the Fiscal Year 2014-2015 Proposed Budget Financial Overview by Fund (Attachment B1), as amended during the budget sessions, and stated for the purposes as expressed and estimated for each department. Section 3. The City Manager is hereby authorized to administer and transfer appropriations between Budget Accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4. The Director of Administrative Services shall prepare and submit to City Council quarterly a revised estimate of Operating Revenues. Section 5. The Director of Administrative Services is hereby authorized to carry over, from the prior fiscal year, unexpended appropriations for Capital Improvement projects. Section 6. The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July 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 Attachment B1 Revenue Categories General Fund Special Revenue Fund Debt Service Fund Capital Project Funds Enterprise Funds Internal Service Funds 2013-2014 Proposed Budget Total Sales Tax 18,288,000$ -$ -$ -$ -$ -$ 18,288,000$ Property Tax 15,067,000 - - - - - 15,067,000 Transient Occupancy 4,510,000 - - - - - 4,510,000 Utility Tax 3,100,000 - - - - - 3,100,000 Franchise Fees 2,897,000 - - - - - 2,897,000 Other Taxes 5,020,000 200,000 - - - - 5,220,000 Licenses & Permits 1,600,000 - - - - - 1,600,000 Use of Money & Property 724,000 33,000 - - 30,000 14,000 801,000 Intergovernmental 265,000 2,358,943 - - - - 2,623,943 Charges for Services 3,541,500 365,000 - - 6,961,278 4,350,386 15,218,164 Fines & Forfeitures 550,000 - - - - - 550,000 Miscellaneous - - - - - - - Transfers In - 11,566,357 3,171,838 16,184,787 113,657 590,647 31,627,286 TOTAL REVENUE 55,562,500$ 14,523,300$ 3,171,838$ 16,184,787$ 7,104,935$ 4,955,033$ 101,502,393$ Appropriation Categories General Fund Special Revenue Fund Debt Service Fund Capital Project Funds Enterprise Funds Internal Service Funds 2013-2014 Proposed Budget Total Employee Compensation 13,513,613 865,140 - - 1,484,960 1,100,865 16,964,578 Employee Benefits 5,940,991 412,153 - - 451,443 1,459,914 8,264,501 Materials 3,358,238 998,541 - - 400,014 399,353 5,156,146 Contract Services 14,906,077 417,000 - - 5,076,934 1,575,734 21,975,745 Contingencies 1,232,747 47,304 - - 295,454 193,047 1,768,552 Cost Allocation 3,336,132 419,731 - - 805,345 958,486 5,519,694 Special Projects 1,898,500 - - - 591,388 37,500 2,527,388 Capital Outlays 12,495 12,105,000 - 4,968,000 136,701 1,566,598 18,788,794 Debt Service/Other Uses 1,256,000 - 3,171,838 - - - 4,427,838 Transfers Out 31,627,286 - - - 986,000 - 32,613,286 TOTAL EXPENDITURES 77,082,079$ 15,264,869$ 3,171,838$ 4,968,000$ 10,228,239$ 7,291,497$ 118,006,522$ Depreciation Reserve - Net Increase (Decrease) in Fund Balance/Retained Earnings (21,519,579)$ (741,569)$ -$ 11,216,787$ (3,123,304)$ (2,336,464)$ (16,504,129)$ FISCAL YEAR 2014-15 PROPOSED BUDGET FINANCIAL OVERVIEW BY FUND Attachment C RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2014-15 WHEREAS, the State of California has adopted legislation requiring local jurisdictions to calculate their appropriation limits in complying with Article XIII B; and WHEREAS, said limits are determined by a formula based upon change in population, (city or county), combined with either the change in inflation (California per capita income) or the change in the local assessment roll due to local nonresidential construction; and WHEREAS, the local governing body is required to set an appropriation limit by adoption of a resolution; and WHEREAS, the city/county population percentage change over the prior year is 1.50% /0.62% respectively, and the California per capita personal income change is -0.23%. In computing the 2014-15 limit, the City Council has elected to use the county population percentage change along with the California per capita income change, but the Council has a right to use the non-residential assessed valuation percentage change when the figure is available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves a 2014-15 fiscal appropriation limit of $82,055,631. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of July 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 FY 2014-15 Budget Study Session Request for Information GENERAL FUND REVENUES AND EXPENDITURES WITH TRANSFERS OUT 1 1 FY 15-16 Fund Balance is due to a combination of use of Apple Campus 2 DA reserves and additional dollars are for the disputed sales tax with BOE FY 16-17 and 17-18 is due to the disputed sales tax with the BOE, the issue is expected be resolved by FY 18-19 2009-10 Actuals 2010-11 Actuals 2011-12 Actuals 2012-13 Actuals 2013-14 Final Budget 2013-14 Projection 2014-15 Projection 2015-16 Projection 2016-17 Projection 2017-18 Projection 2018-19 Projection General Fund Transfers Out 9,374,885 7,049,283 6,430,800 8,220,503 14,505,804 23,001,992 31,627,286 10,708,838 6,996,400 7,778,400 10,387,400 General Fund Expenditures 36,117,480 36,784,551 37,977,024 38,871,276 42,999,466 52,753,039 45,954,793 43,178,200 43,998,600 44,834,560 45,686,600 General Fund Revenue 35,578,223 44,147,726 47,533,164 54,661,799 52,188,660 98,598,000 56,112,500 52,335,000 52,515,000 54,133,000 56,074,000 Changes to Fund Balance (9,914,142)313,892 3,125,340 7,570,020 (5,316,610)22,842,969 (21,469,579)(1,552,038)1,520,000 1,520,040 - - 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 General Fund Expenditures General Fund Transfers Out General Fund Revenue ALL FUNDS EXPENDITURES AND REVENUE BY DEPARTMENT $(2,000,000) $3,000,000 $8,000,000 $13,000,000 $18,000,000 $23,000,000 $28,000,000 $33,000,000 $38,000,000 $43,000,000 Ci t y C o u n c i l a n d Co m m i s s i o n Ad m i n i s t r a t i o n La w E n f o r c e m e n t Pu b l i c A f f a i r s Ad m i n i s t r a t i v e Se r v i c e s Re c r e a t i o n a n d Co m m u n i t y S e r v i c e s Pl a n n i n g a n d C o m m u n i t y De v e l o p m e n t Pu b l i c W o r k s No n - De p a r t m e n t a l Ca p i t a l Pr o j e c t s Program Revenue Fund Balance GF Contribution Expenditures EXPENDITURES, REVENUE, FUND BALANCE AND GENERAL FUND CONTRIBUTION BY FUND AND DEPARTMENT Fund City Council & Commission Administration Law Enforcement Public Affairs Administrative Services Recreation & Community Services Planning & Community Development Public Works Non- Departmental Capital Projects Total By Fund General 710,454$ 3,817,005$ 10,175,620$ 558,195$ 2,310,281$ 5,477,129$ 7,281,754$ 14,368,355$ 32,883,286$ -$ 77,582,079$ Special Revenue - - - - - - 1,156,538 10,433,331 - 3,675,000 15,264,869 Debt Service - - - - - - - - 3,171,838 - 3,171,838 Capital Fund - - - - - - - - - 4,968,000 4,968,000 Enterprise - - - - - 6,039,495 - 2,668,744 986,000 534,000 10,228,239 Internal Service Fund - - - 3,645,329 1,773,425 - - 1,872,743 - - 7,291,497 TOTAL EXPENDITURES 710,454$ 3,817,005$ 10,175,620$ 4,203,524$ 4,083,706$ 11,516,624$ 8,438,292$ 29,343,173$ 37,041,124$ 9,177,000$ 118,506,522$ REVENUES BY FUND & DEPARTMENT Fund City Council & Commission Administration Law Enforcement Public Affairs Administrative Services Recreation & Community Services Planning & Community Development Public Works Non- Departmental Capital Projects Total By Fund General 31,436$ 241,525$ 100,000$ 41,336$ 359,123$ 1,365,790$ 3,182,290$ 688,000$ 50,103,000$ -$ 56,112,500$ Special Revenue - - - - - - 438,943 2,416,000 - 102,000 2,956,943 Debt Service - - - - - - - - - - - Capital Fund - - - - - - - - - 986,000 986,000 Enterprise - - - - - 5,067,278 - 1,924,000 - - 6,991,278 Internal Service Fund - - - 2,432,638 493,076 - - 1,438,672 - - 4,364,386 TOTAL REVENUE 31,436$ 241,525$ 100,000$ 2,473,974$ 852,199$ 6,433,068$ 3,621,233$ 6,466,672$ 50,103,000$ 1,088,000$ 71,411,107$ (USE OF) FUND BALANCE BY DEPARTMENT & FUND Fund City Council & Commission Administration Law Enforcement Public Affairs Administrative Services Recreation & Community Services Planning & Community Development Public Works Non- Departmental Capital Projects Total By Fund General -$ -$ -$ -$ -$ -$ (524,810)$ -$ (20,944,769)$ -$ (21,469,579)$ Special Revenue - - - - - - (717,595) 54,026 - (78,000) (741,569) Debt Service - - - - - - - - - - - Capital Fund - - - - - - - - - - - Enterprise - - - (858,560) - (744,744) (986,000) (534,000) (3,123,304) Internal Service Fund - - - (844,278) (1,058,115) - - (434,071) - - (2,336,464) TOTAL (USE OF) FUND BALANCE -$ -$ -$ (844,278)$ (1,058,115)$ (858,560)$ (1,242,405)$ (1,124,789)$ (21,930,769)$ (612,000)$ (27,670,916)$ General Fund Contribution 679,018$ 3,575,480$ 10,075,620$ 885,272$ 2,173,392$ 4,224,996$ 3,574,654$ 21,751,712$ (34,992,645)$ 16,393,787$ 28,341,286$ Ta x e s a n d F u n d Ba l a n c e 55 . 3 % Tr a n s f e r s I n 26 . 7 % Ch a r g e s f o r S e r v i c e s 13 . 3 % In t e r g o v e r n m e n t a l 2. 2 % Us e o f M o n e y a n d Pr o p e r t y .7 % Fi n e s & F o r f e i t u r e s .5 % Li c e n s e s & P e r m i t s 1. 4 % SO U R C E O F F U N D S USE OF FUNDS Ca p i t a l De b t S e r v i c e Staff Costs –44%Materials & Contracts –31%Contingencies & Cost Allocation –25%Staff Costs –51%Staff Costs –35%Staff Costs –3%Staff Costs –46%Materials & Contracts –26%Contingencies & Cost Allocation –22%Other Uses, Debt, Capital & Special Projects –1%Materials & Contracts –97%Contingencies & Costs Allocation –1%Staff Costs –35%Materials & Contracts –26%Contingencies & Cost Allocation –12%Other Use, Debt, Capital & Special Projects –26%Staff Costs –64%Materials & Contracts –28%Contingencies & Cost Allocation –7%Staff Costs –45%Materials & Contract Services –26%Contingencies & Costs Allocation –7%Other Use, Debt, Capital & Special Projects –23%Materials & Contract Services –22%Contingencies & Costs Allocation –12%Other Use, Debt, Capital & Special Projects –30%Materials & Contracts –49%Contingencies & Cost Allocation –4%Other Use, Debt, Capital & Special Projects –2%Transfers Out –9%Other Use, Debt, Capital & Special Projects –12%Transfers Out –88%Capital ProjectsOther Use, Debt, Capital & Special Projects –100% La w E n f o r c e m e n t Councils & Co m m i s s i o n s Administrative Services Recreation & Community Services No n D e p a r t m e n t a l Planning and Community Development En t e r p r i s e Public Works Ad m i n i s t r a t i o n Ge n e r a l In t e r n a l S e r v i c e Sp e c i a l Re v e n u e Public Affairs Fl o w o f F u n d s - S a n k e y C h a r t COMMUNITY FUNDING COMPARISION A request was made to provide standard information on groups seeking community funding. The following matrix has been developed to assist Council in reviewing requests for community funding: ORGANIZATION Deer Hollow Historical Society Euphrat Museum FUNDING REQUEST 10,000$ 10,000$ 10,000$ POLICY REQUIREMENTS Identifies organization information, purpose, services provided and budget information? YES YES YES Identifies the purpose for the funds requested.Operational Costs Upgrades, repairs and possible membership drive Art Program and Art School Identifies how funds align with City priorities.Education and Collaboration Education and Collaboration Education , Collaboration and Citizen Engagment Identifies how funds will be used to benefit the Cupertino community. Free admission to Deer Hollow Cupertino Heritage Art Programs If reoccurring organization, identifies how prior year funds were spent. Operations Support Consultant services, digitalize photographs and library display Direct service costs, including exhibitions, events and community outreach and involvement If organization is multi jurisdictional, identifies request made to other agencies? Mid Peninsula $140k City of Mountain View $58k Santa Clara County $50k Town of Los Altos $9k N/A N/A Request is for one time, project specific needs?No, for Operational Costs YES Yes, Exhibition and outreach Identifies staff and experience necessary to implement and manage the project? 2.5 maintenance and support staff and 70 volunteers One part time office manager and volunteers Director, with 25 years experience, B.A. in Studio Arts and M.A. Art and Art Eduction 75% or more or request will go towards direct service, versus administrative costs. YES YES YES PRE-SCHOOL PROGRAM The City’s Preschool program is made up2 programs and 6 classes with a 1:8 teacher to student ratio. Super Tot – The Super Tots program (4-5 years) will expand on the child’s development and provide enriching experiences that will prepare the student for kindergarten. Tiny Tot – The Tiny Tots program (3-4 years) encourages social development through group activities and play. Class activities include music, art and crafts, finger plays, stories, circle time and special offsite excursions. Monta Vista Preschool – Has 2 classes; Tiny Tots – Tuesday and Thursdays Super Tot - Monday, Wednesday, and Friday Quinlan Preschool has 4 classes; Tiny Tots – Tuesday, Thursday morning & afternoon Tiny Tot classes. Super Tots – Monday, Wednesday, Friday (morning & afternoon) The preschool program runs three different sessions throughout the school year. A majority of the students are year-round, however some move out of the area during the year. We do have a waitlist that we can fill those spots with. At this time the preschool program is enriching 117 students. Monta Vista’s 2 classes make up 43 of those students whereas Quinlan’s 4 classes make up the remaining 74 of those students. The preschool program continues to be a very popular program for the Parks and Recreation Department. The program is self-supporting and continues to bring in a profit. This year the program’s profit is near $120,000. CASE MANAGEMENT SERVICES Jurisdiction Population F/N Additional Information Cupertino 60,009 > 1 FT case manager and a 20 hr PT position Senior Center Membership Fee @ $22/yr (a)$1,760 > 90-96 active clients/month $22 for residents/$27 for non-residents Older Americans Act Grant Funding (source wise)(b)18,000 > Cupertino and 95129 area code Hidden Treasures Fundraiser 7,179 > Annual fundraising event Greeting Card Fund and General Donations 735 Total Revenue for Case Management:$27,674 Milpitas 68,800 > 1 FT case manager Senior Center Membership Fee (a)$17,280 > 30 clients/month $12 for residents/$30 for non-residents Donations (less than $1000/year)1,000 Total Revenue for Case Management:$18,280 Santa Clara 119,311 > PT case manager Older Americans Act Grant Funding (source wise)(b)$30,500 > 50 clients/month Donations 70 > prior year donations $480 Total Revenue for Case Management:$30,570 Sunnyvale 146,197 > Two PT case managers Older Americans Act Grant Funding (source wise)(b)$18,000 > 70-80 clients/month Total Revenue for Case Management:$18,000 (a) Regular Senior Ctr Membership is credited to the program (b) Grant will be lost if clients are charged for service CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0290 Name: Status:Type:Public Hearing Agenda Ready File created:In control:6/25/2014 City Council On agenda:Final action:7/1/2014 Title:Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project’s anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City’s best interests. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/1/2014 1 Subject :Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1)the project’s anticipated energy costs savings and revenue generated are greater than the project costs;and (2) that the project is in the City’s best interests. Continue to July 15 CITY OF CUPERTINO Printed on 6/25/2014Page 1 of 1 powered by Legistar™