06-02-15 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, June 2, 2015
10350 Torre Avenue, Council Chamber
CITY COUNCIL
3:00 PM
Special Meeting
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, June 02, 2015, commencing at 3:00 p.m. in
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California.
Said special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 3:00 PM
Community Hall Council Chamber, 10350 Torre Avenue
STUDY SESSION
1.Subject: Study Session on Santa Clara County Potential Transportation Tax
Measure for 2016 - Envision Silicon Valley
Recommended Action: Receive staff presentation and provide direction on
transportation projects to advocate for inclusion in potential 2016 tax measure
Staff Report
A - Envision Silicon Valley Schedule
B - VTA January Update Presentation
C - Overview of Past Tax Measures
D - Draft Goals and Strategies
E - Draft Metrics for Evaluating Projects
F - Textizen Poll Poster
ADJOURNMENT
Page 1 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Present proclamation recognizing June 2015 as Immigrant Heritage
Month
Recommended Action: Present proclamation
POSTPONEMENTS
2.Subject: General Plan and Housing Element Update fee
Recommended Action: Continue this item to June 16
3.Subject: Brush abatement for public nuisance and potential fire hazard, item
number 16
Recommended Action: Remove this item from the agenda since no parcels are on
the list
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
4.Subject: Approve the May 12 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
5.Subject: Approve the May 19 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
Page 2 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
6.Subject: Accept Accounts Payable for period ending April 17, 2015.
Recommended Action: Adopt Resolution No. 15-043 accepting Accounts Payable
for the period ending April 17, 2015.
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for period ending April 24, 2015
Recommended Action: Adopt Resolution No. 15-044 accepting Accounts Payable
for the period ending April 24, 2015
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for period ending May 1, 2015
Recommended Action: Adopt Resolution No. 15-045 accepting Accounts Payable
for the period ending May 1, 2015
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for period ending May 8, 2015
Recommended Action: Adopt Resolution No. 15-046 accepting Accounts Payable
for the period ending May 8, 2015
A - Draft Resolution
B - AP Report
10.Subject: Accept Accounts Payable for the period ending May 15, 2015
Recommended Action: Adopt Resolution No. 15-047 accepting Accounts Payable
for the period ending May 15, 2015
A - Draft Resolution
B - AP Report
11.Subject: Request from Mrs. Marcia Alicea to sponsor a bench in memory of her
mother, Mrs. Virginia Logan at Memorial Park adjacent to the Cupertino Senior
Center.
Recommended Action: Accept a bench with a special plaque in memory of Virginia
Logan from her daughter, Mrs. Marcia Alicea.
Staff Report
A- Resolution No. 03-162
12.Subject: Execute a contract with Dan Gertmenian for the Math Olympiad
program and Chess Instruction for the period of August 1, 2015 - June 30, 2016
Recommended Action: Authorize the City Manager to execute a contract with Dan
Gertmenian for the Math Olympiad program and Chess Instruction for the one-year
period of August 1, 2015 -June 30, 2016
Page 3 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
Staff Report
A - Dan Gertmenian Draft Agreement
13.Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park
Place Restaurant & Bar, 10050 South De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Cypress Hotel & Park
Place Restaurant & Bar, 10050 South De Anza Boulevard
Staff Report
A - Application
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
14.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 2015-16; and the Adoption of the Recommended Budget;
and Establishment of the Appropriation Limit, and related actions.
Recommended Action: a.Adopt negative declaration EA-2015-01 for the Capital
Improvement Plan (CIP) projects described in the FY 2015-16 Recommended
Budget
b.Adopt Resolution No. 15-048 establishing a special project budget for the
Planning and Community Development - Current Planning Construction Plan Check,
Code Enforcement and Public Works Inspection Services Programs for costs related
to Apple Pass Thru Revenues for Fiscal Year 2015-16
c.Adopt Resolution No. 15-049 establishing an Operating Budget and Capital
Budget for Fiscal Year 2015-16
d.Approve the reallocation of $151,920 in funds originally requested for full time
staffing in the Administration - City Attorney’s program to the contracts
e.Approve additional appropriation of $6 million dollars for Public Works-Street
Pavement Maintenance and the additional appropriation of $3 million dollars in
transfers out for both the General Fund Capital Reserve to fund the Street Pavement
Maintenance costs
f.Approve additional allocation of $60,000 for the Administration-City Attorney
budget for contract legal costs related to State Route 85
g.Adopt Resolution No. 15-050 establishing an Appropriation Limit for Fiscal Year
2015-16
Page 4 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
Staff Report
A - Negative Declaration
B - Draft Resolution Pass Thru revenues
C - Draft Resolution Operating and Capital budget
D - Draft Resolution Appropriation limit
E - Budget Study Session follow up items
ORDINANCES AND ACTION ITEMS
15.Subject: Update on drought State of Emergency actions, implemented water
conservation measures for City operations, amendments to Cupertino Municipal
Code Chapter 15.32 related to water conservation, prohibited uses of water,
regulations for water conservation, and proposed regulations
Recommended Action: Staff recommends that Council take the following actions:
1) Receive staff presentation on continued drought State of Emergency;
2) Provide input to staff on implemented water conservation restrictions for City
operations;
3) Conduct the first reading of Ordinance No. 15-2131: "An Ordinance of the City of
Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code
relating to water conservation, prohibited uses of water, and water use regulations";
and
4) Provide notice of intent to adopt the draft resolution with 2015-2016 Regulations
Restricting Water Use at the second reading of the draft ordinance
Staff Report
A - State Water Resources Control Board Draft Regulation Implementing 25% Fact Sheet
B - State Water Resources Control Board Adopted Emergency Regs 5-5-15
C - State Water Resources Control Board 2015 Emergency Regs FAQ
D - SJWC and CWSC Rule No. 14.1 Restrictions
E - City of Cupertino Water Conservation Restriction Measures with attachment
F - Clean Version of Draft Ordinance
G - Red-Lined Version of Draft Ordinance
H - Draft Resolution with Regulations
16.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
Staff Report
A - Email from SCC Fire Department
17.Subject: Consider cancelling meeting(s) in the summer
Recommended Action: Provide direction to staff
Staff Report
Page 5 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
REPORTS BY COUNCIL AND STAFF
18.Subject: Annual Report on the Pavement Management Program (postponed from
May 5)
Recommended Action: Receive the report. No action is required.
Staff Report
A - Proposed Pavement Projects FY15/16
B - Completed / Scheduled Pavement Projects FY14/15
19.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 6 CITY OF CUPERTINO
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June 2, 2015City Council AGENDA
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), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during 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 7 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0833 Name:
Status:Type:Study Session Agenda Ready
File created:In control:4/21/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Study Session on Santa Clara County Potential Transportation Tax Measure for 2016 -
Envision Silicon Valley
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Envision Silicon Valley Schedule
B - VTA January Update Presentation
C - Overview of Past Tax Measures
D - Draft Goals and Strategies
E - Draft Metrics for Evaluating Projects
F - Textizen Poll Poster
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:StudySessiononSantaClaraCountyPotentialTransportationTaxMeasurefor2016
- Envision Silicon Valley
Receivestaffpresentationandprovidedirectionontransportationprojectstoadvocatefor
inclusion in potential 2016 tax measure
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™8
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Study Session on Santa Clara County Potential Transportation Tax Measure for 2016 -
Envision Silicon Valley.
Recommended Action
Receive staff presentation and provide direction on transportation projects to advocate
for inclusion in potential 2016 tax measure.
Description
The Santa Clara Valley Transportation Authority (VTA) has been discussing the
possibility of placing a sales tax measure on the November 2016 ballot to enhance
transit, highways, expressways and active transportation (bicycles, pedestrians, and
complete streets).
To solicit input and better educate stakeholders, the VTA has launched Envision Silicon
Valley, a campaign aimed to engage community leaders in a visioning process to
discuss current and future transportation needs, identify solutions and develop funding
priorities.
The VTA has identified three desired goals for the Envision Silicon Valley campaign:
1. Develop criteria that will be used to create a viable list of transportation projects
2. Establish a list of transportation projects, based on the criteria to address
mobility and congestion
3. Create a financing plan
As communities submit projects for consideration, the VTA has drafted Goals and
Strategies in five categories, as follows:
Enhance safety
Provide congestion relief and improve transportation efficiency
Expand transportation choices and improve travel experience
Continue to promote quality transit for those who are transit dependent
9
2
Promote healthy communities and minimize environmental impacts
Improve system financial sustainability
These goals are listed in Attachment D. Once the Goals and Strategies have been
adopted by the Board, VTA staff will draft metrics, or project evaluation criteria, to
measure potential projects and determine how well each project meets each goal. VTA
staff will work with the Ad-hoc Committee of the Board in the coming months to
develop the metrics.
2014 Groundwork and Assumptions
In 2014, there was an effort to explore placing a tax measure on the November 2014
ballot. Although polling conducted by the Silicon Valley Leadership Group was a
positive 73% in support, for various reasons the VTA decided to continue on the
original plan of moving forward in 2016. The conceived plan in 2014, and generally
what was polled, was a 1/4% increase in the sales tax (raising to 9%) for 30 years,
generating approximately $3.55 billion. A contemplated breakdown of categories and
projects to be funded included:
Silicon Valley Bart Extension $1.3B
County Expressway System* $700M
Street Maintenance $600M
Caltrain $500M
Interchanges (inc. Hwy 85/280) $300M
Bike/Ped Improvements $100M
Seniors/Disabled Improvements $50M
* Inc. Central Expressway (Lawrence to Mary), Foothill Expressway (El Monte to San Antonio) and San
Tomas Expressway (Homestead to Stevens Creek)
Next Steps
As indicated in the proposed schedule for the Envision Silicon Valley process
(Attachment A), one of the most critical steps occurs this June with the VTA issuing a
call for projects for inclusion in the Valley Transportation Plan (VTP) 2040. There are
regular calls for projects to be included in the plan, however this one will also be a tool
for collecting projects for VTA Board consideration to include in the proposed tax
measure.
If the City Council wants to pursue inclusion of additional projects in the VTP 2040 and
the proposed tax measure it is important that staff receives direction now to develop the
appropriate scopes. The call for projects is anticipated to only be open for a six-week
period.
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Sustainability Impact
Any future projects that enhance non-vehicular transportation modes or reduce
congestion will have positive effects on greenhouse gas emissions.
Fiscal Impact
None at this time.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Envision Silicon Valley Schedule
B. VTA January Update Presentation
C. Overview of Past Tax Measures
D. Draft Goals and Strategies
E. Draft Metrics for Evaluating Projects
F. Textizen Poll Poster
11
Ongoing dialogue with community partners and stakeholders
Ongoing dialogue with community partners and stakeholders
Ongoing dialogue with community partners and stakeholders
Envision Silicon Valley 4/2/15
JULAUG SEP OCT NOV DEC
JANFEB MAR APR–MAY JUN–AUG SEPT–NOV
JANFEBMARAPR MAY JUNAUG SEPOCT DECNOV
• Internal coordi-
nation
• Develop draft
framework
Board of Directors:
• Form sub-committee
• Review current condi-
tions
• Discuss draft process
and framework
Advisory Committees:
• Review and discuss draft process and framework
VTA:
• Develop engagement strategy including commu-
nications plan and social media
• Work with cities to establish goals
• Meet with key stakeholders
• Develop communications and social media
strategy
Ad hoc Committee:
• Define goals
• Approve committee work plan
• Review overlays to current conditions adding
impacts from general plans and land-use decisions
• Provide feedback on current conditions
• Review communications and social media strategy
VTA:
• Identify external advisory group to work with GM
• Hold executive strategic council meeting
Board/Advisory
Leadership:
• Receive update on
coordination efforts
with external advisory
group and stakeholders
Ad hoc Committee:
• Provide direction
preliminary
screening
• Receive communi-
cations and
engagement
update
VTA:
• Issue call for
projects
Ad hoc
Committee:
• Receive Phase I
of communica-
tions plan and
social media
VTA:
• Launch Phase I of
communications
plan
Ad hoc
Committee:
• Review goals
Board of
Directors:
• Receive
communications
plan
Board of Directors:
• Approve evaluation criteria
Ad hoc Committee:
• Screen and review initial
project list
• Receive communications and
engagement update
Advisory Committees:
• Review initial project list
• Receive communications and
engagement update
Board of
Directors:
• Review
project list
VTA:
• Develop
draft
financing
plan
Advisory Committees:
• Recommend approval of final draft
Ad hoc Committee:
• Recommend Board approval of final draft
• November 2016
Election Day
• June 2016 Election Day
VTA:
• Launch
Phase III of
communica-
tions plan
and social
media
strategy
Advisory Committees:
• Recommend approval of final draft
• Review results of communications plan
& social media Phase III
Ad hoc Committee:
• Recommend Board approval of final draft
• Review results of communications plan
& social media Phase III
If June 2016 Election
If November 2016 Election
1407-9606 REV 4/2/15
Board of Directors:
• Approve final plan for March 4 submittal
VTA:
• Submit arguments in support or
opposition by March 8
• Submit rebuttal arguments by March 15
Board of Directors:
• Approve final plan for August 5 submittal
VTA:
• Submit arguments in support or
opposition by August 9
• Submit rebuttal arguments by August 16
Ad Hoc – Ad Hoc Committee on Envisioning Silicon Valley Advisory Committees: BPAC, CAC, CTA, PAC, and TAC
Advisory Committees:
• Review current conditions, land use, and impacts of
projected growth and future conditions
• Review communications and social media strategy
• Review draft goals
VTA:
• Hold transit advocacy and community interest group
meetings
Advisory
Committees:
• Review and
provide
input on
goals and
draft
principles
Ad hoc
Committee:
• Provide guidance
on metrics
• Approve goals and
principles
• Review microsite
Advisory
Committees:
• Review and provide
input on metrics
Board of Directors:
• Formalize goals
Ad hoc Committee:
• Receive communica-
tions and engagement
update
• Review evaluation
criteria
Advisory Committees:
• Receive communica-
tions and engagement
update
Ad hoc Committee:
• Review draft evaluation criteria
Advisory Committees:
• Review draft evaluation criteria
VTA: (Through the end of 2015)
• Launch Phase II of the communi-
cations plan and social media
strategy
• Host community meetings
throughout the County
Ad hoc Committee:
• Review and recom-
mend approval of
draft financing plan
for circulation
Advisory Committees:
• Review and recom-
mend approval of
draft financing plan
for circulation
Board of
Directors:
• Approve
draft
financing
plan for
circulation
12
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27
Overview of Past Tax Measures
Envision Silicon Valley
28
2
Santa Clara Population & Jobs
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
1960 1970 1980 1990 2000 2010 2015 2020 2025 2030 2035 2040
Population Jobs
29
3
1976 Measure A
•Perpetuity, ½ cent
30
4
1984 Measure A
•10 years, ½ cent
•$1.8 Billion
Build SR 85
Widen US 101
Upgrade SR 237
31
5
1996 Measure A/B
•9 years, ½ cent
•$1.6 Billion
Rail
•Capitol LR Extension
•Vasona LR Extension
•Tasman East LR
Extension
•Low Floor LR
Vehicles
•Caltrain Service
Improvements
•Fremont/South Bay
Commuter Rail
Highway
•I-880 Widening
•SR 85/SR 87 IC
•US 101 Widening
•SR 85/US 101 IC (N)
•SR 237/I-880 IC
•SR 87 HOV Lanes (N)
•SR 17 Improvements
•SR 85/US 101 IC (S)
•SR 87 HOV Lanes (S)
•SR 152 Safety Impvs.
•SR 85 Noise
Mitigation
Ancillary
•Pavement
Management Program
•LOS Program
•Signal Synchronization
Program
•Bicycle Program
•CODE Program
•Consolidated
Biological Mitigation
Site
32
6
2000 Measure A
•30 years, ½ cent
Approved
November
2000
Effective
April 1,
2006
Expires
March 31,
2036
2008
Measure B
Approved
33
7
2000 Measure A Projects
•Extend BART from Fremont through Milpitas to
Downtown San Jose and the Santa Clara Caltrain
Station
•Provide Connections from Mineta San Jose
International Airport to BART, Caltrain and VTA
Light Rail
•Extend Light Rail from Downtown San Jose to the
East Valley
•Purchase Low-Floor Light Rail Vehicles
34
8
2000 Measure A Projects (cont.)
•Improve Caltrain: Double Track to Gilroy and
Electrify from Palo Alto to Gilroy
Program
Funding*
(in $ millions)
Total VTA Caltrain SF BART HSR FRA MTC BAAQMD
Local Level
Contributions
$195 $60 $75 $60
State Level
Contributions
$730 $26 $66 $38 $600
Federal Level
Contributions
$500 $161 $161 $161 $17
Regional Level
Contributions
$31 $11 $20
TOTAL $1,456 $247 $302 $221 $38 $600 $17 $11 $20
*For Electrification and Advance Signal Systems to Tamien only
35
9
2000 Measure A Projects (cont.)
•Increase Caltrain Service
•Construct a New Palo Alto Intermodal Transit
Center
•Improve Bus Service in Major Corridors
•Upgrade Altamont Commuter Express (ACE)
•Improve Highway 17 Express Bus Service
•Connect Caltrain with Dumbarton Rail Corridor
36
10
2000 Measure A Projects (cont.)
•Purchase Zero-Emission Buses and Construct
Service Facilities
•Develop New Light Rail Corridors
•Fund Operating and Maintenance Costs for
Increased Bus, Rail and Paratransit Service
18.5% or $243.6 million*
* Through October 31, 2014
37
$0
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$6,000
$8,000
$10,000
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11
Measure A Sales Tax Revenue –
Cumulative Forecast Projections
Mi
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l
i
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s
o
f
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-
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2001: $14.3B
2005: $9.9B
2007: $8.7B
2009: $6.6B 2014: $7.4B
38
12
2000 Measure A - Milestones 2015
•Initiate BART SV Phase II Environmental Update
Document
•Completion of BART SV Phase I Berryessa Aerial
Structure and 11 corridor grade separations
•Completion of Eastridge Transit Center Improvements
•Final Environmental Document for El Camino BRT
39
13
2010 Measure B - Vehicle Registration Fee
•Perpetuity, $10 for each vehicle registered in Santa
Clara County
•Approximately $45 million generated
80%
15%
5%
Local Roadway Improvement Countywide Program
Administration Fee 40
Draft Goals and Strategies
Envision Silicon Valley
Goal: Enhance Safety
Prioritize projects that address safety concerns.
All projects will result in a safe, reliable and comfortable transportation system.
Goal: Provide Congestion Relief and Improve Transportation Efficiency
Improve regional connectivity and seamless travel.
Improve transit service and travel times to meet demand.
Relieve roadway bottle necks and minimize traffic in residential neighborhoods.
Increase funding for roadway maintenance, sidewalks, bike lanes and bus stops.
Goal: Expand Transportation Choices and Improve Travel Experience
Use technology to improve the transportation experience.
Provide amenities to attract transit riders.
Deliver bicycle and pedestrian projects that close gaps and promote countywide
connectivity.
All projects and programs should take into consideration geographic equity.
Goal: Continue to Promote Quality Transit for Those Who are Transit Dependent
Promote programs and projects for seniors as well as people with disabilities and place
emphasis on transit dependent areas.
Goal: Promote Healthy Communities and Minimize Environmental Impacts
Projects will promote healthy communities, a high quality of life and minimize
environmental impacts.
4.a
41
Goal: Improve System Financial Sustainability
Prioritize projects that stimulate economic development and private investment consistent
with local land use plans.
Leverage new revenues with other funding sources to attract private investment and
outside grant funds.
Strategically apply new local fund sources to underfunded project categories.
All projects and programs must have high levels of support from the residents of Santa
Clara County.
4.a
42
Development of Metrics | February 20, 2015
Envision Silicon Valley
DRAFT
FOR INFORMATION PURPOSES ONLY43
2
Introduction
Purpose
•Provide a common analysis framework for
considering projects
Envisioning Process
•Finalize Goals
•Updated Goals-based Metrics
Synergy with Valley Transportation Plan (VTP)
•Use goals, principles, and metrics for VTP
DRAFT
FOR INFORMATION PURPOSES ONLY 44
3
Types of Metrics
Quantitative
•Quantifiable, measured by numbers.
Level of service
Vehicles miles
traveled
Vehicle hours
traveled
EXAMPLE
Congestion Level
DRAFT
FOR INFORMATION PURPOSES ONLY 45
4
Types of Metrics
Qualitative
•Descriptive (e.g. opinions).
Gap closure
Reduces need for
transfers
Provides geographic
value for seniors
EXAMPLE
Connectivity
DRAFT
FOR INFORMATION PURPOSES ONLY 46
METRIC HIGH MEDIUM LOW
Level of service
Vehicle Miles Traveled
Pothole Measurement
Reduces greenhouse
gases
Reduces need to
transfer
5
Analysis Output
DRAFT
FOR INFORMATION PURPOSES ONLY
(YES)(NO)
47
DRAFT Goal 1:Revitalize Transportation Infrastructure
Congestion
Level
Level of Service
Vehicle Miles Traveled
Vehicle Hours Traveled
Delay
Speed
State of Good
Repair
Pothole Measurement
Age of Asset vs. Expected life
6
Goals-Based Metrics
DRAFT
FOR INFORMATION PURPOSES ONLY 48
DRAFT Goal 2:Improve Trip Experience
Customer
Satisfaction
On-time performance
Customer complaints
Crowding / Level of Service
Website trip planner usage
Uses Wifi / technology
Productivity Cost-effectiveness
Safety and
Security
Effectiveness at emergency responses
Reduces or prevents accidents
7
Goals-Based Metrics
DRAFT
FOR INFORMATION PURPOSES ONLY 49
DRAFT Goal 3:Expand Access and Mobility Choices
Trips By Bicycle
On Foot
By Car
By Bus / Rail
Speed
State of Good
Repair
Pothole Measurement
Age of Asset vs. Expected life
8
Goals-Based Metrics
DRAFT
FOR INFORMATION PURPOSES ONLY 50
DRAFT Goal 4:Develop an Integrated, Efficient and Sustainable
System
Connectivity Gap closure
Provides geographic value (low-income individuals)
Provides geographic value (people with disabilities)
Provides geographic value (seniors)
Provides geographic value (students)
Reduces need for transfer
Land Use Within ¼ mile of centers of employment and dense residential areas
Serves Priority Development Areas (PDA) or VTA Cores, Corridors
and Station Areas
Encourages preservation of natural resources
Efficiency /
Sustainability
Reduces greenhouse gas emissions
Incorporates sustainable design
Encourages car-lite / multi-modal lifestyle
9
Goals-Based Metrics
DRAFT
FOR INFORMATION PURPOSES ONLY 51
Goals-Based Metrics –What other indicators should be used?
10
Goals-Based Metrics
DRAFT
FOR INFORMATION PURPOSES ONLY 52
Is it time to invest more in how we get around Santa Clara County?
a. YES
b. NO
c. MAYBE
Text your answer to
1 (408) 478-6083
You can also participate in other ways: online at envisionsv.org, email envision.sv@vta.org,
or call (408) 321-7575. We respect your privacy and will not share or sell your phone number.
More info: textizen.com/privacy. Standard text msg rates apply.
Why are we asking?
Your participation will help VTA understand
Santa Clara County's transportation needs, as
well as examine the trade-offs between different
ways to invest in transportation.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0874 Name:
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File created:In control:5/12/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Present proclamation recognizing June 2015 as Immigrant Heritage Month
Sponsors:
Indexes:
Code sections:
Attachments:
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City Council6/2/20151
Subject: Present proclamation recognizing June 2015 as Immigrant Heritage Month
Present proclamation
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Subject: General Plan and Housing Element Update fee
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Subject:Brush abatement for public nuisance and potential fire hazard, item number 16
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0592 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/12/2014 City Council
On agenda:Final action:6/2/2015
Title:Subject: Approve the May 12 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Approve the May 12 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 12, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:00 p.m. Mayor Sinks called the Special City Council meeting to order in Cupertino
City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Savita Vaidhyanathan and Gilbert Wong. Absent: None.
CLOSED SESSION
At 3:00 p.m. Council went into closed session and reconvened in open session at 4:00
p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to
paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case.
Mayor Sinks announced that Council authorized litigation against Caltrans and
VTA for failure to do a full Environmental Impact Report and certifying the
Express Toll Lane project for Highway 85 on a negative declaration. Council also
announced its intent to go in with other cities that have standing in this case.
Council believes Saratoga is interested in participating and Los Gatos will vote
on this at its May 19 meeting. Council will hold a study session on June 2 and
will hear from various parties and experts on what the preferred alternatives
might be to get the mass transit corridor that was promised under various
measures and also with regard to holding the meeting free from Mass Transit
Solution which as of the 1992 plan was light rail through the corridor.
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STUDY SESSION
2. Subject: Study session regarding the Proposed Fiscal Year 2015-2016 Budget
Recommended Action: Conduct the Budget study session
Written communications for this item included emails to Council and two staff
PowerPoint presentations.
A. Budget Message/Overview of FY 2015-2016 Proposed Budget
B. Review of Pass-through Revenues/Expenses
C. Departmental Budgets:
Councils and Commissions
Administration/City Attorney
Law Enforcement
Public Affairs
Administrative Services
Recreation and Community Services
Planning and Community Development
Public Works
Director of Administrative Services Kristina Alfaro gave an overview of the
study session agenda via a PowerPoint presentation highlighting: changes to the
budget and budget process; five year general fund forecast; general fund
revenue; fund balance; recommended expenditures by department; staffing;
issues and challenges; and next steps.
Assistant to the City Manager Erin Cooke continued with the PowerPoint
presentation and talked about Community Choice Energy (CCE).
Shawn Marshall, Co-founder and Executive Director of LEAN Energy US (Local
Energy Aggregation Network) continued with the PowerPoint presentation
talking further about CCE.
Mayor Sinks opened public comment on the CCE.
Gary Latshaw on behalf of the Sierra Club talked about CCE. He distributed a
brochure on climate change.
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John Bartas talked about his personal experience with electricity savings.
Ms. Alfaro continued with the PowerPoint presentation on the budget.
Staff answered questions from Council.
D. 5 Year Capital Improvement Program (CIP)
Director of Public Works Timm Borden reviewed the proposed FY 2015-16 CIP
via a PowerPoint presentation highlighting the following: completed projects;
proposed projects and priority level; and unfunded projects.
E. Questions and Answers
Council asked staff questions on the proposed budget throughout the
presentation.
F. Public Comments
Jennifer Griffin talked about the Lawrence Mitty Park property.
Park Chamberlain talked about the Mary Avenue complete streets project listed
on the priority one CIP.
G. Council Comments
The following information was requested by Council for staff follow-up:
Feasibility of pre-funding pavement maintenance in future budgets
How many other cities received the same finance award that Cupertino received
Explanation of the Mary Avenue Complete Streets project
Information on adding a sidewalk on Homestead between the creek and
Barranca for kids traveling to and from Cupertino Middle School and
Homestead High School
Map of sidewalk gaps
Link from Cupertino’s homepage to the Finance budget information during
budget time
Higher level tutorial on Sankey diagrams for Council and the public
Details on the RFP process for Case Management worker in Recreation and
Community Services
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Chart of General Fund and all Funds, excluding or separating out transfers
ORAL COMMUNICATIONS – None
Mayor Sinks briefly talked about Council consideration to move Oral Communications
for May 19 to the end of that meeting.
ADJOURNMENT
At 6:57 p.m., Mayor Sinks adjourned the meeting to Tuesday, May 19 at 6:45 p.m.
_______________________________
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, and then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0593 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/12/2014 City Council
On agenda:Final action:6/2/2015
Title:Subject: Approve the May 19 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Approve the May 19 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 19, 2015
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge
of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Savita Vaidhyanathan and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Wong moved and Vaidhyanathan seconded to move Oral Communications to the end of
the agenda. The motion carried with Chang voting no.
CONSENT CALENDAR
Wong moved Vaidhyanathan seconded to approve the items on the Consent Calendar.
Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None.
Absent: None.
1. Subject: Approve the May 2 City Council minutes
Recommended Action: Approve minutes
2. Subject: Approve the May 5 City Council minutes
Recommended Action: Approve minutes
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City Council Minutes May 19, 2015
3. Subject: Approval of the Third Quarter Financial Report for Fiscal Year 2014-2015
and increased budget appropriations
Recommended Action: 1. Approve the Third Quarter Financial Report for Fiscal
Year 2014-2015; and 2. Approve increased budget appropriations of $170,000 for
the Planning and Community Development, Municipal Code Enforcement budget
4. Subject: Award of the Bubb, Elm & McClellan Storm Drain/Sanitary Sewer
Improvement Project
Recommended Action: Authorize the City Manager to award a contract to Con-
Quest Contractors Inc., in the amount of $1,456,941 and approve a construction
contingency of $250,000, for a total of $1,706,941
5. Subject: 2015 Pavement Maintenance Project - Phase 1, Project No. 2015-22
Recommended Action: Authorize the City Manager to award a contract to G.
Bortolotto & Company, in the amount of $5,716,278.39 and approve a construction
contingency of $571,000, for a total of $6,287,278.39
SECOND READING OF ORDINANCES
6. Subject: An ordinance amending Chapter 6.24 related to the collection of business
generated organic waste; and amending Chapter 9.16 related to the separation and
storage of solid waste
Recommended Action: Conduct the second reading and enact Ordinance No. 15-
2130: "An Ordinance of the City of Cupertino amending Chapter 6.24 of Title 6 and
Chapter 9.16 of Title 9 of the Cupertino Municipal Code relating to solid waste
including organic waste"
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Paul seconded to read Ordinance No. 15-2130 by title only and
that the City Clerk’s reading would constitute the second reading thereof. Ayes:
Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None.
Absent: None.
Wong moved and Paul seconded to enact Ordinance No. 15-2130. Ayes: Sinks,
Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent:
None.
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City Council Minutes May 19, 2015
PUBLIC HEARINGS
7. Subject: General Plan Amendment to: Item 7a) Adopt the Final 2014-2022 Housing
Element; and Item 7b) Consider changes to citywide development allocations for
office, commercial, and hotel uses, building planes, height limits. (Re-Agendized
and re-noticed from the March 17, 2015 and April 21, 2015 meetings)
Recommended Action: Recommend that the City Council conduct a public hearing
and take the following actions:
1. Adopt Resolution No. 15-042 adopting the Final 2014-2022 Housing Element
(GPA-2013-02)
2. Make no further amendments to the General Plan (Community Vision 2040)
adopted on December 4, 2014 (GPA-2013-01); and
3. Adopt Resolution No. 15-043, a policy establishing a process to review General
Plan amendments
Description: Application No(s).: GPA-2013-02, Applicant(s): City of Cupertino,
Location: citywide, General Plan Amendment for Housing Element Updates;
Application No(s).: GPA-2013-01, Applicant(s): City of Cupertino, Location:
citywide; General Plan Amendment to consider changes to citywide development
allocations for office, commercial and hotel uses, building heights and planes
along arterials, and a Community Benefits Program
Written communications for this item included emails to Council, responses to
questions for Council member Paul, and a staff PowerPoint presentation.
Mayor Sinks explained the process for how the item would proceed having
numerous speakers and overflow crowd in City Hall.
Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation.
Staff answered questions from Council.
Mayor Sinks opened the public hearing and the following individuals spoke on
this item:
Tim Brand
Richard Abdalah on behalf of the Cupertino Chamber of Commerce
Anu Mandariki
Paula Wallis
Jennifer Griffin
Michaela Murphy on behalf of the Cupertino Teen Commission
Dennis Whittaker
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City Council Minutes May 19, 2015
Orrin Mahoney, former Cupertino Mayor
Angela Chen, President of Cupertino Sanitary District Board - also answered
questions from Council
Ruth Ashkenazi
Jason Lundgaard on behalf of Apple - also answered questions from Council
Darrel Lum on behalf of Concerned Citizens of Cupertino - distributed written
comments for the record
Polly Bove, Superintendent Fremont Union High School District (FUHSD) – also
answered questions from Council
Bill Wilson, FUHSD Board of Trustees member – also answered questions from
Council
Cathy Helgerson on behalf of Citizens Against Pollution (CAP) - distributed
written comments for the record
Robert Mckibbin on behalf of Concerned Citizens of Cupertino
Ellen
Phyllis Dickstein
Peggy Griffin on behalf of Better Cupertino and Cupertino Residents for Sensible
Zoning Action Committee
Keith Murphy
James Burns
Martin Won
Gary Latshaw
Ned Britt
Carol Wilser
Susan Chen
Cathy Thaler – distributed written comments for the record
Al DiFrancesco
Elaine Lu on behalf of Foothill Vista Knoll Community
Ruth Barr
John Zirelli, General Manager Recology and past President Cupertino Chamber of
Commerce
Roark Barraclough
Lisa Warren – distributed written comments for the record
Claire Arnold
Arthur Lu
Doris Yeh
Xiaowen Wang
Govind Tatachari on behalf of Better Cupertino
Liang-Fang Chao
Cindy Jiang
Charles Kong
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City Council Minutes May 19, 2015
Sujuan Cai
Zahra Pavlovic
Jon Willey
Mayor Sinks closed the public hearing at 10:43 p.m.
Council recessed from 10:46 p.m. to 11:00 p.m.
The following initial motions were made:
1. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-042
adopting the Final 2014-2022 Housing Element (GPA-2013-02).
2. Wong moved and Vaidhyanathan seconded to make no further amendments to
the General Plan (Community Vision 2040) adopted on December 4, 2014 (GPA-
2013-01).
3. Wong moved and Vaidhyanathan seconded to not adopt Resolution No. 15-
043, a policy establishing a process to review General Plan amendments.
Vaidhyanathan withdrew her second since she did not agree with the third item in
the motion. Chang then seconded the motion.
Wong and Chang withdrew their motions and seconds in order to deliberate and
vote on each item separately.
After further deliberation, the following final motions were made:
1. Wong moved and Chang seconded to adopt Resolution No. 15-042 adopting the
Final 2014-2022 Housing Element (GPA-2013-02). The motion carried
unanimously.
2. Wong moved and Paul seconded to make no further amendments to the
General Plan (Community Vision 2040) adopted on December 4, 2014 (GPA-2013-
01). Council also gave direction to continue processing the Vallco Specific Plan and
the Hamptons projects when applications are received and to make a
redline/comparison document available. The motion carried with Chang voting
no.
3. Wong moved and Paul seconded to not adopt Resolution No. 15-043, a policy
establishing a process to review General Plan Amendments and instead to keep
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City Council Minutes May 19, 2015
the current ad hoc process for processing General Plan Amendments. Paul added a
friendly amendment (accepted by the mover) to bring back the policy for
consideration in 90 days and to put new GPA applications on a hiatus until that
time. Further direction was given to present additional details on community
benefits and the recommended GPA process at a study session with case studies,
Cities of Mountain View and Morgan Hill, during the 90-day period. The motion
carried unanimously.
Oral Communications was heard next as voted on earlier in the meeting.
ORAL COMMUNICATIONS
Dennis Whittaker talked about Memorial Day and its significance.
Lisa Warren talked about the issue of the expense of living in Cupertino as brought up by
an earlier speaker.
Cathy Thaler talked about a dangerous issue with the height of the temporary traffic
lights at the Tantau Avenue/Stevens Creek Boulevard intersection and not being able to
see them. City Manager David Brandt noted that the City’s Traffic Engineer would look
into this and possible mitigations until the overhead traffic light can be reinstalled.
Peggy Griffin thanked staff for providing material on the GPA early and for giving
detailed answers to her questions.
Steven Scharf talked about the lawsuit against Caltrans and VTA regarding Highway 85.
Jerry Ma talked about traffic issues in Cupertino and intersection level of service (LOS).
Xiaowen Wang talked about Community Vision 2040 and the job-housing balance policy.
She distributed written comments for the record.
Keith Murphy talked about the dangerous traffic at the East Estates Drive/ Richwood
Drive and Richwood Drive/Miller Avenue intersections.
Liang-Fang Chao talked about Council rescinding Resolution No. 14-211 adopted in
December 2014 and putting this on the next agenda rather than wait for the redline
document.
Cindy Jiang talked about community benefits, property tax, and traffic.
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City Council Minutes May 19, 2015
Ruth Ashkenaro talked about parcel tax history in Cupertino.
Penny Whittaker talked about an issue with an ADA sidewalk at the Cheryl
Drive/Westacres Drive intersection.
ORDINANCES AND ACTION ITEMS - None
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt said a press conference was going to be held on Thursday
morning to discuss a City lawsuit against Valley Transit Authority (VTA) and Caltrans
regarding Highway 85.
8. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 1:12 a.m. on May 20, Mayor Sinks adjourned the meeting to Tuesday, May 26 at 3:30
p.m. for Teen Commission interviews, Cupertino City Hall Conference Room A, 10300
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, and then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
69
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0860 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/5/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Accept Accounts Payable for period ending April 17, 2015.
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Accept Accounts Payable for period ending April 17, 2015.
AdoptResolutionNo.15-043acceptingAccountsPayablefortheperiodendingApril17,
2015.
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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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
April 17, 2015
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 19th day of May, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0869 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/7/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Accept Accounts Payable for period ending April 24, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Accept Accounts Payable for period ending April 24, 2015
Adopt Resolution No. 15-044 accepting Accounts Payable for the period ending April 24, 2015
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™90
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
April 24, 2015
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 19th day of May, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0870 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/7/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Accept Accounts Payable for period ending May 1, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Accept Accounts Payable for period ending May 1, 2015
Adopt Resolution No. 15-045 accepting Accounts Payable for the period ending May 1, 2015
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™108
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 1, 2015
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 19th day of May, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0896 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/20/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Accept Accounts Payable for period ending May 8, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Accept Accounts Payable for period ending May 8, 2015
Adopt Resolution No. 15-046 accepting Accounts Payable for the period ending May 8, 2015
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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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 8, 2015
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 2nd day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0897 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/20/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Accept Accounts Payable for the period ending May 15, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Accept Accounts Payable for the period ending May 15, 2015
Adopt Resolution No. 15-047 accepting Accounts Payable for the period ending May 15, 2015
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™135
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 15, 2015
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 2nd day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0880 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/14/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Request from Mrs. Marcia Alicea to sponsor a bench in memory of her mother, Mrs. Virginia
Logan at Memorial Park adjacent to the Cupertino Senior Center.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A- Resolution No. 03-162
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:RequestfromMrs.MarciaAliceatosponsorabenchinmemoryofhermother,Mrs.
Virginia Logan at Memorial Park adjacent to the Cupertino Senior Center.
AcceptabenchwithaspecialplaqueinmemoryofVirginiaLoganfromherdaughter,Mrs.
Marcia Alicea.
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Request from Mrs. Marcia Alicea to sponsor a bench in memory of her mother, Mrs.
Virginia Logan, at Memorial Park, adjacent to the Cupertino Senior Center.
Recommended Action
Accept a bench with a special plaque in memory of Virginia Logan from her daughter,
Mrs. Marcia Alicea.
Description
Mrs. Virginia Logan was a long time resident of Cupertino for 44 years. She loved
Cupertino and was proud of her beautiful neighborhood, fantastic schools and
wonderful open spaces. Over the years, Mrs. Logan was actively involved at the Senior
Center taking classes, going on trips and attended many of the special events. She was
an active volunteer at the Senior Center for many years and developed life-long friends
through community activities and in her neighborhood.
When the Cupertino Veterans Memorial was opened in 2007, Mrs. Logan honored her
husband, Jess Logan, a WWII Navy Veteran, by sponsoring an engraved tile to be
placed by the Navy emblem. The family now has a nice place to go and sit and
remember him.
Mrs. Alicea and their family would also like the same opportunity for their mother and
have a place to remember her in the environment she loved.
Discussion
Cupertino Resolution No. 03-162 has adopted policies and procedures for recognizing
donors. A donation which is accepted by the City Council may be recognized by a
plaque affixed to the appropriate structure or furnishing. In this case, if the City
Council accepts the bench donation from the family of Mrs. Virginia Logan, a plaque in
recognition of Virginia Logan would be placed on the bench.
158
If accepted, the bench will be located at a designated place at Memorial Park near the
Senior Center. The City will make reasonable efforts to maintain the bench and the
plaque.
Fiscal Impact
The bench will be maintained at no additional cost to the Memorial Park maintenance
budget.
____________________________________
Prepared by: Carol A. Atwood, Director of Recreation & Community Services
Approved for Submission by: David Brandt, City Manager
Attachment:
A –Resolution No. 03-162
159
RESOLUTION NO. 03-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING POLICIES AND PROCEDURES FOR THE NAMING OF CITY
FACILITIES AND FOR RECOGNIZING DONORS
WHEREAS, the City Council has determined that there is a need for policies and
procedures for the naming of city facilities and for recognizing financial donors;
NOW, THEREFORE, BE IT RESOLVED:
That the following policies and procedures are hereby adopted.
City of Cupertino
The Naming of City Facilities and Recognition of Donors
Policy and Procedure
Purpose
The purpose of this document is to define the policies, procedures, and
responsibilities associated with the naming of city facilities, portions thereof, structures,
equipment and furnishings thereof and to provide a process for the recognition of private
donations and in-kind contributions to the city.
Policy Guidelines
1) Naming Policy
City buildings and facilities should be named in a manner that will provide an
easy and recognizable reference.
City buildings, facilities or portions thereof, stxuctures, equipment and furnishings
may be named:
a) For their geographical location, e.g., neighborhood, major street
regional area or the city itselfi
b) To honor or recognize individuals, including but not limited to,
retired elected officials or community volunteers, who havemade
extraordinary non-monetary contributions to the City of Cupertino,
the region, or to the general public.
2) Procedure for Naming:
a) The naming of any city building, facility or portion thereof,
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Resolution No. 03-162 2
structure, equipment or fumishing, based upon the above
described guidelines, is subject to the approval of the city council,
upon recommendation of the city manager and after the conduct
of at least one public hearing.
b)The city council may refer a particular naming issue to an
appropriate commission for the purpose of making a
recommendation to the council.
c)The city council may remove a name from a city building,
facility or portion thereof, structure, equipment or furnishings
when deemed by the city council to be in the best interests of
the city.
3) Recognition of Financial Donations and In-Kind Contributions
a)No city building, facility or portion thereof, structure, equipment or
furnishing shall be named after an individual, group, organization
or business as a result of a financial donation or in-kind
contribution to the city.
b)A donation or in-kind contribution which is accepted by the
city council may be recognized by a plaque affixed to the
appropriate city building, facility or portion thereof, structure,
equipment or furnishings which shall read as follows:
This [identification of facility] was made possible in part
by the generous contribution of and
his/her family; or
This [identification of facility] was made possible in part
by the generous contribution of
business or organization]; or
This [identification of facility] was made possible in part
by the generous contribution of in
the name of .;
or similar language.
c)The size, type and location of the plaque shall be determined, on a
case by case basis, by the city council upon recommendation of the
city manager.
d) The city council may also cause to be designed a plaque or other
object to be affixed to the city building, facility, or portion thereof,
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Resolution No. 03-162 3
structure, equipment or furnishings which recognizes a group of
donors and contributors to the city.
e)A copy of these guidelines will be given to any donor or
contributor prior to submission of the donation or contribution to
the city council for acceptance unless these guidelines are amended
by the city council. The acceptance by the city council
of any donation or in-kind contribution is expressly conditioned
upon adherence to these guidelines.
4) Recommendation by City Manager for acceptance of a gift
a)Prior to acceptance by the city council, a donation or in-kind
contribution shall first be submitted to the city manager for
recommendation to the city council.
5) Maintenance of recognition plaque, tree or other girl
The city will make reasonable efforts to preserveany
recognition plaque or other dedicated object. If necessary, due
to repair of surrounding areas, construction or redesign of a
building or facility, the plaque may be relocated. If the plaque or
other dedication object cannot continue to be reasonably
maintained, it may be removed by order of the city council
b)If the dedication includes a gift of a plant or tree, the city will
provide its regular standard of landscape care for the plant or tree.
If the plant or tree does not survive, the city is not obligated to
provide a replacement. If the dedication includes the gift of an
object such as a bench, picnic table, play equipment, etc., the
city will provide its regular standard of care and maintenance for
the object.
c)Any plant, tree, or object donated to the city and any plaque
recognizing the donation may be removed at the discretion of the
city council when it deems that such removal would be in the best
interests of the city.
162
Resolution No. 03-162 4
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino on the 2nd day of September 2003, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:PR~OVE : i ,
Wfa~'~r,-~Fty of Ou~rtino x~
163
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0895 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/19/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program and Chess
Instruction for the period of August 1, 2015 - June 30, 2016
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Dan Gertmenian Draft Agreement
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:ExecuteacontractwithDanGertmenianfortheMathOlympiadprogramandChess
Instruction for the period of August 1, 2015 - June 30, 2016
AuthorizetheCityManagertoexecuteacontractwithDanGertmenianfortheMathOlympiad
program and Chess Instruction for the one-year period of August 1, 2015 -June 30, 2016
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™164
RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Execute a contract with Dan Gertmenian for the Math Olympiad program and Chess
Instruction for the period of August 1, 2015- June 30, 2016.
Recommended Action
Authorize the City Manager to execute a contract with Dan Gertmenian for the Math
Olympiad program and Chess Instruction for the one-year period of August 1, 2015-
June 30, 2016.
Description
The City currently has an agreement with Dan Gertmenian to provide instruction for
the Math Olympiad program, which is taught to youths in grades 3-8. Due to the
success of the program, the annual contract will exceed the $175,000 threshold for the
coming year, therefore requiring City Council approval.
Discussion
The Math Olympiads program is currently one of the most popular
academic/enrichment programs to be offered by the Recreation and Community
Services Department. During the 2014/15 school year, there were 358 students enrolled
in the program. The enrollment has increased an additional 8% since last year.
Although we expect the enrollment to remain steady for the 2015/16 school year, the fee
has been increased by 9%. The fee increase justification is due to the informal market
analysis that has been conducted by staff, comparing local cities and vendors that are
offering similar programs, while remaining at an affordable rate for the community.
Staff will continue to make incremental increases to fees in upcoming years to remain
competitive. This coming year will also include the addition of chess instruction.
Fiscal Impact
City anticipates the Math Olympiad program and Chess class to generate
approximately $341,175.00 in revenue with an offset of $239,000 to the Consultant.
____________________________________
165
Prepared by: Danny Mestizo, Recreation Coordinator
Reviewed by: Carol A. Atwood, Director of Parks & Recreation
Approved for Submission by: David Brandt, City Manager
Attachment:
A –Draft Agreement
166
FY 2015/2016
NO.______________________
FY 15-16
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAN GERTMENIAN
FOR CONTRACT SERVICES
THIS AGREEMENT, for reference dated _______is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Dan
Gertmenian, a sole proprietor, whose address is 167 Acalenes Drive #15, Sunnyvale, CA
94086 (hereinafter referred to as "Consultant"), and is made with reference to the
following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for the instruction
of youth math and chess programs upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on August 1, 2015, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount set forth below and as described in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
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FY 2015/2016
Compensation: 70% of resident fee for each participant, based on the final class roster,
minus a $15 administrative fee per participant and copier use fees.
They City will issue no more than three payments throughout the course of the year.
In the event that less than the required minimum number of participants shall request
and pay for services prior to the agreed upon time for the commencement of services to
be performed by Contractor, City may cancel and withdraw from this Agreement. The
total compensation to the Consultant shall not exceed $250,000.
4. ACKNOWLEDGEMENT OF MANDATED REPORTING REQURIEMENTS:
Consultant shall comply with the requirements of California Penal Code 11164-
11174.3 and as set forth in Exhibit “B” which is attached hereto and incorporated herein
by this reference.
5. FINGERPRINT AND TUBERCLOSIS (TB) CONSULTANT DECLARATION:
Consultant agrees that all individuals covered under this Agreement shall provide
fingerprints for criminal background test purposes and results of TB screening, pursuant
to the requirements as set forth in Exhibit “C” which is attached hereto and incorporated
herein by this reference.
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of specially trained professionals in the San Francisco Bay
Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the City nor have any contractual relationship with
City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment will be acquired by virtue of Consultant's services.
None of the benefits provided by City to its employees, including but not limited to,
unemployment insurance, workers' compensation plans, vacation and sick leave are
available from City to Consultant, its employees or agents. Deductions shall not be
made for any state or federal taxes, FICA payments, PERS payments, or other purposes
normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
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FY 2015/2016
9. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
11. HOLD HARMLESS:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold harmless the
City and its officers, officials, agents, employees and volunteers from and against any
and all liability, claims, actions, causes of action or demands whatsoever against any of
them, including any injury to or death of any person or damage to property or other
liability of any nature, whether physical, emotional, consequential or otherwise, arising
out, pertaining to, or related to the performance of this Agreement by Consultant or
Consultant’s employees, officers, officials, agents or independent contractors. Such costs
and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert
fees and all other costs and fees of litigation.
In addition to the obligations set forth above, Consultant shall indemnify, defend, and
hold the City, its elected and appointed officers, employees, and volunteers, harmless
from and against any Claim in which a violation of intellectual property rights,
including but not limited to copyright or patent rights, is alleged that arises out of,
pertains to, or relates to Consultant’s negligence, recklessness or willful misconduct
under this Agreement. Such costs and expenses shall include rea sonable attorneys’ fees
of counsel of City’s choice, expert fees and all other costs and fees of litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with the
paragraphs below. Such certificates, which do not limit Consultant's indemnification,
shall also contain substantially the following statement: "Should any of the above
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FY 2015/2016
insurance covered by this certificate be canceled or coverage reduced before the
expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage, without an exclusion for
sexual abuse and molestation, in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive: Proof of automobile insurance required at the
California statutory minimums.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
170
FY 2015/2016
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2, Division 6, Section 18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint-
venture or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or co-tenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. Control means fifty percent
(50%) or more of the voting power of the corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used
in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
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FY 2015/2016
required to carry general, and professional liability insurance in reasonable conformity
to the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
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FY 2015/2016
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Director of Recreation and Community Services
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Dan Gertmenian
167 Acalenes Drive, #15
Sunnyvale, CA 94086
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within the time
specified after receipt by Consultant from City of written notice of default, specifying
the nature of such default and the steps necessary to cure such default, City may
terminate the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving thirty (30) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
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FY 2015/2016
City has no obligation to offer any of Consultant’s services to participants, and,
unless minimum enrollment for a particular class identified in the Scope of Services is
met, City may cancel that class without further notice to Consultant or payment under
this Agreement. The City in its sole discretion may determine the type of classes, the
number of classes and the assigned instructor.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
26. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
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FY 2015/2016
such insertion on application by either party.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
By: ___________________ By: Danny Mestizo
Title: ___________________ Title: Recreation Coordinator
Date: __________ Date: ________________
RECOMMENDED FOR APPROVAL:
________________________
By: Director of Recreation and
Community Services
APPROVED AS TO FORM:
_________________________
Carol A. Korade,
City Attorney
ATTEST:
______________________________
Grace Schmidt
City Clerk
EXPENDITURE DISTRIBUTION:
Account No: 580-62-613-700-702
Amount: $250,000
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FY 2015/2016
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide instruction of math an chess programs in, but not
limited to, the following programs:
Chess
Math Olympiads: Division E
Math Olympiads: Division M
Math Olympiads: Honors Program
Location and Time of CONSULTANT Services:
Refer to the current Fall, Winter, Spring, and/or Summer Recreation Brochure for agreed
upon dates, times, and class locations. By Mutual agreement of both parties, class
schedule may change.
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 16
Maximum: 28
If less than the required minimum number of participants enroll in and pay for a
particular class as identified in the schedule before the class is scheduled to start, the
City may cancel the particular class and/or terminate this Agreement without additional
notice or payment to Consultant.
Performance of CONSULTANT Services:
City shall have no right of control as to the manner Consultant performs the services to
be performed. Nevertheless, City may, at any time, observe the manner in which such
services are being performed by the consultant.
The Consultant shall follow all guidelines pertaining to registration procedures as listed
in the quarterly recreation schedule. Participants may not take part in the program
unless they are listed on the class roster or can show proof of enrollment. All
participants and volunteers need to complete the City’s Waiver of Liability form prior to
taking part in the program. Contractors are responsible for supervising minors after
class until a parent of legal guardian has arrived.
In the event of an injury occurring to a participant, the Consultant will notify the City
within 1 hour and complete an Incident Report in the form approved by the City. The
Incident Report must be submitted to the City within 24 hours of the injury occurring.
176
FY 2015/2016
EXHIBIT B
ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS,
RECEIPT OF TRAINING, AND RECEIPT OF PENAL CODES STATUTES
A mandated reporter is an individual who is obligated by law to report suspected cases
of child abuse and neglect. In general, any individual who, in the ordinary course of
their employment, has contact with children is a mandated reporter. Mandated
reporters include child care workers, teachers and coaches. (California Penal Code 11165.7).
If your job duties as an employee or an independent contractor of Dan Gertmenian
include contact with children, you are a Mandated Reporter. Prior to commencing
employment and as a prerequisite of that employment, California law requires that you
sign a statement to the effect that you have knowledge of the provisions of the
Mandated Reporter Law, and will comply with those provisions. (California Penal Code
11166.5).
The following are the Mandated Reporter responsibilities under California law. You are
also being provided with a separate informational document which includes the text of
the California Mandated Reporter Law and contact information for Child Abuse and
Neglect Reporting for the County of Santa Clara. Please review this information
carefully and acknowledge your receipt and understanding where indicated. If you
have questions or concerns about this form or your Mandated Reporter responsibilities,
please contact the Recreation Supervisor at 408-777-3120.
I understand that:
By virtue of my employment or independent contractor status with Dan
Gertmenian, and because my employment requires me to have contact
with children, I am a Mandated Reporter as defined by California Penal
Code 11165.7.
The following situations trigger mandatory reports: a) Physical Abuse
(willful harming of a child); b) Sexual abuse including sexual assault,
child exploitation, pornography, and trafficking; c) Severe or General
Neglect; and d) Extreme Corporal Punishment (resulting in injury). (Cal.
Pen. Code 11165 et. seq.) I further understand that I may, but am not
required to, report suspected Emotional Abuse.
If I reasonably suspect that a child is being abused, I must immediately
make a telephone report. I must follow up with a written report within
36 hours. This report may be made to local law enforcement, or County
Sheriff’s Department, Probation Department or Child Welfare Agency.
(Cal Pen. Code 11166(a)).
177
FY 2015/2016
I am not required to, but I may, share information about suspected abuse
with my supervisor or management or the parents of the alleged victim.
When I make a mandated report, I will be required to give my name.
However, my identity will be kept confidential unless I either consent to
disclosure or if the disclosure is made pursuant to a court order. Further,
agencies investigating the mandated report may disclose my identity to
one another. (Cal Pen. Code 11167(d)).
The following agencies and individuals receiving or investigating
mandated reports may disclose my identity to one another:
o Prosecutors in a criminal prosecuting or in an action initiated
under section 602 of the Welfare and Institutions Code arising
from alleged child abuse;
o Counsel appointed pursuant to subdivision (c) of Section 317 of
the Welfare and Institutions Code;
o A licensing agency when abuse or neglect in out-of-home care is
reasonably suspected. (Cal Pen. Code 11167.5)
I may not be disciplined, dismissed, retaliated against, discriminated
against or harassed for making a mandated report of reasonably
suspected child abuse.
As a Mandated Reporter, I have civil and criminal immunity when
making a report (Cal Pen. Code 11172).
As a Mandated Reporter, it is a misdemeanor to fail to comply with
Mandated Reporting laws and I can be held criminally liable for failing
to report suspected abuse. The penalty for this is up to six months in
County jail, a fine of not more than $1000, or both. I further understand I
could be civilly liable for failure to report. (Cal. Pen. Code 11166(c)).
I have been provided with a copy of California Penal Code sections 11164-11174.3
(Mandated Reporter Law).
I understand that I am a legally Mandated Reporter. I am aware of and understand
my responsibilities under the Mandated Reporter laws of this state and am willing
and able to comply. I understand that a copy of this Acknowledgement will be kept
in my personnel file.
____________________________ __________________________
Name (Signature) Date
____________________________
Name (Print)
178
FY 2015/2016
EXHIBIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. I am a representative of Dan Gertmenian; that I am familiar with the facts herein
and am authorized and qualified to execute this declaration.
2. I declare that Dan Gertmenian has complied with fingerprinting and criminal
background investigation requirements with respect to all Consultant’s
employees who may have contact with minors in the course of providing
services pursuant to the Agreement, and the California Department of Justice has
determined that none of those employees has been convicted of a felony, as that
term is defined in California Penal Code Section 11105.3.
3. That a complete and accurate list of Consultant’s employees, who may come in
contact with minors during the course and scope of the Agreement, are included
below.
4. All of the below mentioned employees have tested negative for TB, or X-ray
results for TB, and have current documentation on file with Consultant.
5. All of the below mentioned employees have received training and understand
their responsibilities under the Mandated Reporter laws of this state and are
willing and able to comply.
A List of all Consultant Employees Working for the City of Cupertino:
____________________ ____________________ ________________________
____________________ ____________________ ________________________
____________________ ____________________ ________________________
____________________ ____________________ ________________________
6. The City of Cupertino will be notified by Consultant in writing of any new
employees and will be added to the above list prior to beginning work at the City
of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
______ _________ _____________________________ _______________
Date Place Consultant Signature Title
179
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0873 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/11/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant &
Bar, 10050 South De Anza Boulevard
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:ApplicationforAlcoholicBeverageLicenseforCypressHotel&ParkPlace
Restaurant & Bar, 10050 South De Anza Boulevard
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
AlcoholicBeverageControlforCypressHotel&ParkPlaceRestaurant&Bar,10050SouthDe
Anza Boulevard
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: May 19, 2015
Subject
Alcoholic Beverage License, Cypress Hotel & Park Place Restaurant & Bar, 10050 South
De Anza Boulevard
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant &
Bar, 10050 South De Anza Boulevard.
Description
Name of Business: Cypress Hotel & Park Place Restaurant & Bar
Location: 10050 South De Anza Boulevard
Type of Business: Restaurant
Type of License: 47 – On-Sale General – Eating Place (Restaurant)
58 – Caterer’s Permit
66 – Controlled Access Cabinet Permit
68 – Portable Bar
Reason for Application: Stock Transfer
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 47 authorizes the sale of beer, wine and distilled spirits for consumption
on the licenses premises and authorizes the sale of beer and wine for consumption off
the licenses premises.
License Type 58 authorizes the sale of alcoholic beverages for consumption on the
licenses premises for a specific catered event.
License Type 66 authorizes the sale of alcoholic beverage by a hotel or motel to its
registered guests by means of a controlled access alcoholic beverage cabinet located in
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
181
May 19, 2015 Cupertino City Council page 2
the guestrooms of registered guests that is accessible by key, magnetic card or similar
device.
License Type 68 authorizes the sale of distilled spirits for consumption on the licenses
premises, which has other rooms on the premises can be utilized for the same purposes,
by means of a portable bar counter that may be moved to different rooms.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, 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
182
183
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0591 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:12/12/2014 City Council
On agenda:Final action:6/2/2015
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 2015-16; and the Adoption of the
Recommended Budget; and Establishment of the Appropriation Limit, and related actions.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Negative Declaration
B - Draft Resolution Pass Thru revenues
C - Draft Resolution Operating and Capital budget
D - Draft Resolution Appropriation limit
E - Budget Study Session follow up items
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:PublichearingtoconsidertheCapitalImprovementPlan(CIP),includingaNegative
DeclarationpursuanttotheCaliforniaEnvironmentalQualityAct;andafindingofGeneral
Planconformance;andtheRecommendedBudgetforFiscalYear2015-16;andtheAdoption
oftheRecommendedBudget;andEstablishmentoftheAppropriationLimit,andrelated
actions.
a.AdoptnegativedeclarationEA-2015-01fortheCapitalImprovementPlan(CIP)projects
described in the FY 2015-16 Recommended Budget
b.AdoptResolutionNo.15-048establishingaspecialprojectbudgetforthePlanningand
CommunityDevelopment-CurrentPlanningConstructionPlanCheck,Code
EnforcementandPublicWorksInspectionServicesProgramsforcostsrelatedtoApple
Pass Thru Revenues for Fiscal Year 2015-16
c.AdoptResolutionNo.15-049establishinganOperatingBudgetandCapitalBudgetfor
Fiscal Year 2015-16
d.Approvethereallocationof$151,920infundsoriginallyrequestedforfulltimestaffing
in the Administration - City Attorney’s program to the contracts
e.Approveadditionalappropriationof$6milliondollarsforPublicWorks-StreetPavement
Maintenanceandtheadditionalappropriationof$3milliondollarsintransfersoutfor
both the General Fund Capital Reserve to fund the Street Pavement Maintenance costs
f.Approveadditionalallocationof$60,000fortheAdministration-CityAttorneybudget
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 2
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File #:14-0591,Version:1
for contract legal costs related to State Route 85
g.AdoptResolutionNo.15-050establishinganAppropriationLimitforFiscalYear2015-
16
CITY OF CUPERTINO Printed on 5/27/2015Page 2 of 2
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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: June 2, 2015
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 2015-16; and
the Adoption of the Recommended Budget; and Establishment of the Appropriation
Limit, and related actions.
Recommended Action
a. Adopt negative declaration EA-2015-01 for the Capital Improvement Plan (CIP)
projects described in the FY 2015-16 Recommended Budget
b. Adopt Resolution No. 15- establishing a special project budget for the
Planning and Community Development – Current Planning Construction Plan
Check, Code Enforcement and Public Works Inspection Services Programs for
costs related to Apple Pass Thru Revenues for Fiscal Year 2015-16
c. Adopt Resolution No. 15- establishing an Operating Budget and Capital
Budget for Fiscal Year 2015-16
d. Approve the reallocation of $151,920 in funds originally requested for full time
staffing in the Administration – City Attorney’s program to the contracts
e. Approve additional appropriation of $6 million dollars for Public Works-Street
Pavement Maintenance and the additional appropriation of $3 million dollars in
transfers out for both the General Fund Capital Reserve to fund the Street
Pavement Maintenance costs
f. Approve additional allocation of $60,000 for the Administration-City Attorney
budget for contract legal costs related to State Route 85
g. Adopt Resolution No. 15- establishing an Appropriation Limit for Fiscal
Year 2015-16
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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 2015-16. 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 2015-16 reflects a total City budget of $113,649,638 a
decrease of $5.8 million or 5% when compared to the FY 2014-15 Final Adopted 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
Revenue
Fund Balance &
One Time
Funding
Required
General Fund
Contribution
General $ 64,515,053 $ 68,162,303 $ - $ (3,647,250)
Special
Revenue
18,466,961 10,064,966 8,273,316 128,679
Debt Service 3,167,538 - - 3,167,538
Capital
Projects
9,522,000 - 9,522,000 -
Enterprise 9,577,071 7,098,855 843,226 1,634,990
Internal
Service
8,401,015 4,672,444 2,288,076 1,440,495
Total $ 113,649,638 $ 89,998,568 $ 20,926,618 $ 2,724,452
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3
FY 2015-16 Recommended Budget by Fund
$113,649,638
General Fund
64,515,053
57%
Special Revenue
18,466,961
16%
Debt Service
3,167,538
3%
Capital Projects
9,522,000
8%
Enterprise
9,577,071
9%
Internal Service
8,401,015
7%
General Fund
The General Fund is used to pay for core services such as public safety, parks and
recreation, planning and community development, streets and trees, 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
public works, planning and community development, and law enforcement.
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4
FY 2015-16 Recommended General Fund Budget by Department
$64,515,053
City Council and Commission
770,677
1%
Administration
4,868,864
8%
Law Enforcement
10,994,684
17%
Public Affairs
462,298
1%
Administrative Services
2,851,808
4%
Recreation and Community
Services
6,157,107
10%Planning and Community
Development
13,371,463
21%
Public Works
16,427,167
25%
Non-Departmental
8,610,985
13%
The City’s total budget is anticipated to decrease in comparison to the FY 2014-15
Adopted Budget. The City’s General Fund expenditures are recommended at
$64,515,053, a decrease of $13 million or 17% from the Fiscal Year 2014-15 Adopted
Budget. This decrease is primarily attributed to reductions in transfers out. In FY 2014-
15 the budget included large transfers out to fund capital projects and the capital
reserve. This year, there is sufficent fund balance in the capital reserve to fund the
requested projects. Additionally, the transfer of excess unassigned fund balance over
the $500,000 threshold will occur as part of the year-end process, not as part of the
budget as was done in FY 2014-15.
General Fund Revenue
The FY 2015-16 Recommended Budget forecasts general fund revenue of $68,162,303
This is an increase of $12 million or 21% when compared to the FY 2014-15 Adopted
Budget. This is due to increases in development pass thru revenues as well as projected
increases in sales tax with the opening of Main Street mixed use project in the secon d
half of the fiscal year, property taxes due the continued recovery in the housing market
and transient occupancy tax due the increased recover in the economy and the
anticipated opening of two new hotels in the city in the second half of the fiscal year.
189
5
The following table represents the total general fund revenue:
GENERAL FUND REVENUE SUMMARY
FY 2013-14 FY 2014-15 FY 2015-16 Percent
REVENUES Actuals Adopted Proposed Change1
Sales Tax 19,794,036 18,288,000 20,360,000 11.3%
Property Tax 14,405,997 15,067,000 16,055,000 6.6%
Transient Occupancy 4,590,156 4,510,000 5,072,000 12.5%
Utility Tax 3,098,639 3,100,000 3,100,000 0.0%
Franchise Fees 2,775,892 2,897,000 2,800,000 -3.3%
Other Taxes 10,425,761 5,020,000 1,400,000 -72.1%
Licenses & Permits 3,679,942 1,600,000 6,171,000 285.7%
Use of Money & Property 690,483 724,000 742,530 2.6%
Intergovernmental 399,938 265,000 600,000 126.4%
Charges for Services 12,962,322 12,501,154 10,590,878 -15.3%
Fines & Forfeitures 615,085 550,000 550,000 0.0%
Miscellaneous/Non-Op 395,472 23,831,257 720,895 -97.0%
TOTAL REVENUE 73,833,722 88,353,411 68,162,303 -22.9%
General Fund – Fund Balance
The General Fund unassigned fund balance is projected to increase from the FY 2014-15
Adopted Budget estimate of $836,219 million to $14 million in FY 2015-16. This is
mostly due to the City’s revenues outpacing expenditures.
The following table shows changes to fund balance for the general fund since the close
of fiscal year 2013-14:
1 Percent change is calculated from the amended to the proposed budget.
190
6
ActualAdoptedMid-YearProjectionProposed Proposed
CLASSIFICATION 2013-142014-152014-152014-15Changes2015-16
Other Classifications 3,363,065 1,699,003 3,363,065 1,860,396 - 1,860,356
Assigned
Economic Uncertainty I 12,500,000 18,000,000 18,000,000 18,000,000 1,000,000 19,000,000
Economic Uncertainty II 1,400,000 - - - - -
Economic Fluctuation 2,000,000 1,400,000 1,400,000 1,400,000 - 1,400,000
PERS 500,000 100,000 100,000 100,000 - 100,000
One Time Revnue - - - - - -
Equipment Fund Loan for 1A - - - - - -
Reserve for Encumbrances 1,267,233 172,659 11,081,064 2,081,064 - 2,081,064
Revenue Liability 3,920,000 8,940,000 - - - -
General Building 1,148,549 603,739 - - - -
Wolfe Road Transportation Study 1,000,000 1,000,000 1,000,000 1,000,000 - 1,000,000
I-280 Trail Study 250,000 250,000 250,000 250,000 - 250,000
Total Assigned23,985,782 30,466,398 31,831,064 22,831,064 1,000,000 23,831,064
Unassigned 18,331,549 836,219 795,287 11,297,956 - 13,945,246
TOTAL FUND BALANCE 45,680,396 33,001,620 35,989,416 35,989,416 1,000,000 39,636,666
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. Special
Revenue Funds account for 16% of the citywide expenditure budget. The largest Special
Revenue Fund is the one for streets, roads, and transportation. Other funds account for
storm drain management, affordable housing programs, and park development. The
Proposed Budget for Special Revenue Funds for FY 2015-16 is $18.5 million, an increase
of $2.2 million from FY 2014-15 Adopted Budget. The increase is primarily due to
several proposed capital projects including the $8.3 million Lawrence Mitty Park.
Budgets within the Special Revenue Funds are funded by $10.1 million in restricted
department revenue, and $128,679 in transfers from the general fund, bringing total
funding sources to $10.2 million. This will result in a use of fund balance of $8.3 million.
The Special Revenue Funds are projected to end the 15-16 year with fund balances of
$11.3 million.
Capital Project Funds
The Capital Improvement Project Fund, Stevens Creek Corridor Park, and Capital
Reserve are currently in the Capital Project Fund category. This fund type is typically
used to account for financial resources that are used for the acquisition or construction
of major capital facilities or to provide facilities for City departments, and are identified
in the five-year Capital Improvement Program (CIP).
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7
The Proposed Budget for the Capital Projects Funds for FY 2015-16 is $9.5 million,
comprised of $3.3 million in new capital projects and $6.3 million in transfers out to the
Special Revenue and Enterprise funds for capital projects in those funds. The $9.5
million total budget is $4.6 million higher than FY 2014-15 Final Adopted Budget
expenditures based on the cost of the recommended capital projects.
Enterprise Funds
Enterprise Funds are set up for specific services that are funded directly by fees charged
for goods or user 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, and
physical recreation programs.
The Proposed Budget for Enterprise Funds for FY 2015-16 is $9.6 million, a decrease of
$0.6 million, or 6% from the FY 2014-15 Adopted Budget. The decrease in expenditures
is primarily driven by a decrease in parks capital projects.
Budgets within the Enterprise Funds are funded by $7 million in program revenue and
$1.6 million in transfers from the general fund. The Enterprise Funds also rely on $3.1
million of prior year fund balance, bringing total funding sources for the funds to $10.2
million. The Enterprise Funds are projected to begin the fiscal year with $10.7 million in
fund balances and are projected to end the year with fund balances of $7.1 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 include funds and programs for information technology, City Channel, website,
workers’ compensation, equipment, compensated absence, long-term disability, and
retiree medical insurance.
The proposed budget for the Internal Service Funds is $8.4 million, which is $1.1
million, 15% higher than the FY 2014-15 Final Adopted Budget. This increase is
primarily attributed to the purchase of several pieces of replacement equipment and
vehicles and increased workers’ compensation costs.
Budgets within Internal Service Funds are funded by $4.7 million in department
revenue, $1.4 from the general fund, and $2.3 million from depreciation reserves
bringing total funding sources for the funds to $7.6 million.
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8
STAFFING
Personnel Assumptions
Budgeted expenditures are separated into several cost categories: personnel, non-
personnel, and transfers. Budgeted personnel expenditures factor in salary step
increases for approximately 29% of employees who have yet to reach top step in their
respective classification’s salary range. Typically, a step increase is equivalent to a 5%
increase in salary with a range of five salary steps.
Personnel cost assumptions are completed at the employee level. Staff begins with
current salaries and adjusts for any anticipated changes in compensation and benefits
through the end of the current fiscal year. Once these increases have been factored in
staff now has what base personnel costs will look like on July 1. Applied to this base
are anticipated step, cost of living and equity increases as negotiated in the City’s three
year contracts with all bargaining units. Then, benefit changes are added. This includes
retirement rate increases which are projected to increase by 3.6% in FY 2015-16. Lastly,
any newly requested positions are added.
A total of 180.75 positions are budgeted in FY 2015-16, up from 169.75 in FY 2014-15.
The positions being requested are summarized below:
Department(s) Classification Salaries Benefits Total Costs Funding
Source/Purpose
City Attorney2 Deputy City
Attorney (1 Year
Limited Term)
109,208 42,712 $151,920 General Fund
Transition to new
City Attorney
City Manager Analyst (Utility
Analyst, 2 Year
Limited Term)
97,066 42,949 $140,015 General Fund
Implementation of
Climate Action Plan
City Manager Analyst
(Sustainability
Program Analyst)
97,066 42,949 $140,015 General Fund
Implementation of
Climate Action Plan
Community
Development
Plan Check Engineer
(3 Year Limited
Term)
109,788 42,100 $151,888 General Fund and
Pass Thru Revenues
Increased demand
for services driven
by increased
development in the
City
2 Since the printing of the budget document the City Attorney’s Office has amended this request. The
department no longer wants a full-time limited term benefitted employee but would like to move these
funds to contract services.
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9
Department(s) Classification Salaries Benefits Total Costs Funding
Source/Purpose
Community
Development and
Public Works
Senior Code
Enforcement Officer
85,228 36,005 $121,233 General Fund
Increased demand
for inspections
driven by increased
development in the
City
Public Affairs GIS Technician 88,145 39,873 $128,018 General Fund
Replaces 2 part time
employees
Public Works Associate Civil
Engineer (3 Year-
Limited Term)
104,037 39,987 $144,024 General Fund
Focus on bicycle and
pedestrian safety and
the transportation
impact fee
Recreation and
Community
Development
Recreation
Coordinator
71,554 31,034 $102,588 General Fund
Service Enhancement
Recreation and
Community
Services
Case Manager 74,820 32,452 $107,272 General Fund
In lieu of contractor
TOTAL COST GENERAL FUND $836,912 $350,061 $1,186,973
Public Works Environmental
Programs Assistant
81,725 33,878 $115,603 Non-Point
Source/Resource
Recovery Fund
Increased Regulatory
Requirements
Public Works Maintenance Worker
I/II
55,947 28,553 $84,500 Non-Point
Source/Resource
Recovery Fund
Increased Regulatory
Requirements
POSTIONS FUNDED BY OTHER
FUNDS
$137,672 $62,431 $200,103
TOTAL COST ALL FUNDS $974,584 $412,492 $1,387,076
ONGOING CHALLENGES
Revenue Volatility
The City’s revenue mix is heavily reliant on volatile business-to-business sales tax,
which makes up approximately 25% of the City’s annual general fund revenues when
taking into account tax sharing agreements, up slightly from 24% a year ago. 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 one 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, making us more vulnerable to its business volatility.
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10
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 70.5% 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 2015-16. The CalPERS rate increase for FY
2015-16 is 3.6%, with an expected additional increase of at least 6% in FY 2016-17. In
addition to CalPERS actuarial methods, forecasted increases could result from future
asset returns, changing demographics, and salary increases.
UNMET NEEDS
As the City prepared its FY 2015-16 Recommended Budget, some issues surfaced for
which funding had not yet been identified. These items include:
Unfunded Infrastructure Backlog
Capital Improvement Projects – Several Capital Projects are listed in the unfunded
project section of the Capital Improvement Plan (CIP). Current estimates for these
unfunded projects are approximately $7.8 million.
Budget Study Session
On May 12, 2015, the City Council held a Budget Study Session to review, in detail the
City Manager’s FY 2015-16 Recommended Budget. At the study session, Council
directed staff to come back with new or additional information on a variety of items.
Attachment D is a listing of these Council requests and staff responses.
Environmental Impacts on the Capital Improvement Plan
On May 7, 2015 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
recommended.
Environmental Determination
195
11
The CIP list for FY 2015-16 includes the following:
Projects with deferred environmental analysis:
Blackberry Farm Golf Course Renovation, Blackberry Farm Splash Pad,
Lawrence Mitty Park, Blacksmith Shop Forge Restoration-Design, Mary
Avenue Complete Streets, McClellan Road Sidewalk Improvement-Phase
2, Sidewalk Improvements- Orange & Byrne, Bicycle Transportation Plan
Update, Pasadena Avenue Public Improvements (Between Granada &
Olive).
The remaining CIP projects included in this review are:
Repairs, renovation and relatively minor improvements to City
infrastructure and facilities throughout the City.
____________________________________
Prepared by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A: Negative Declaration
B: Draft Resolution – Pass thru revenue budget of City for fiscal year 2015-16
C: Draft Resolution – Operating and capital budget of City for fiscal year 2015-16
D: Draft Resolution – Appropriation limit for fiscal year 2015-16
E: Budget Study Session follow up items
196
Attachment A
197
Attachment B
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A PORTION OF THE OPERATING AND CAPITAL IMPROVEMENT
BUDGET FOR
FISCAL YEAR 2015-16 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 2015-16 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 2015-16 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.
198
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor
City of Cupertino
199
Attachment A1
Revenue Categories General Fund
Special
Revenue Fund
Debt Service
Fund
Capital Project
Funds
Enterprise
Funds
Internal Service
Funds
2015-16 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 3,329,153 - - - - - 3,329,153
Fines & Forfeitures 332,915 - - - - - 332,915
Miscellaneous - - - - - - -
Transfers In - - - - - - -
TOTAL REVENUE3,662,068$ -$ -$ -$ -$ -$ 3,662,068$
Appropriation Categories General Fund
Special
Revenue Fund
Debt Service
Fund
Capital Project
Funds
Enterprise
Funds
Internal Service
Funds
2015-16 Proposed
Budget Total
Employee Compensation -$ -$ -$ -$ -$ -$ -$
Employee Benefits - - - - - - -
Materials - - - - - - -
Contract Services - - - - - - -
Contingencies - - - - - - -
Cost Allocation - - - - - - -
Special Projects 3,329,153 - - - - - 3,329,153
Capital Outlays - - - - - - -
Debt Service/Other Uses - - - - - - -
Transfers Out - - - - - - -
TOTAL EXPENDITURES3,329,153$ -$ -$ -$ -$ -$ 3,329,153$
Net Increase (Decrease) in
Fund Balance/Retained
Earnings
332,915$ -$ -$ -$ -$ -$ 332,915$
FISCAL YEAR 2015-16 PROPOSED BUDGET
FINANCIAL OVERVIEW BY FUND
200
Attachment C
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
FISCAL YEAR 2015-16 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 2015-16, 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 2015-2016
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.
201
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 day of 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor
City of Cupertino
202
Attachment B1
Revenue Categories General Fund
Special
Revenue Fund
Debt Service
Fund
Capital Project
Funds
Enterprise
Funds
Internal Service
Funds
2015-16 Proposed
Budget Total
Sales Tax 20,360,000$ -$ -$ -$ -$ -$ 20,360,000$
Property Tax 16,055,000 - - - - - 16,055,000
Transient Occupancy 5,072,000 - - - - - 5,072,000
Utility Tax 3,100,000 - - - - - 3,100,000
Franchise Fees 2,800,000 - - - - - 2,800,000
Other Taxes 1,400,000 766,652 - - - - 2,166,652
Licenses & Permits 6,171,000 - - - - - 6,171,000
Use of Money & Property 742,530 - - - 7,000 - 749,530
Intergovernmental 600,000 1,012,723 - - - - 1,612,723
Charges for Services 7,261,725 - - - 4,434,855 3,892,776 15,589,356
Fines & Forfeitures 217,085 502,000 - - - - 719,085
Miscellaneous 720,895 - - - - - 720,895
Transfers In - 7,913,237 3,167,538 - 4,291,990 2,220,163 17,592,928
TOTAL REVENUE64,500,235$ 10,194,612$ 3,167,538$ -$ 8,733,845$ 6,112,939$ 92,709,169$
Appropriation Categories General Fund
Special
Revenue Fund
Debt Service
Fund
Capital Project
Funds
Enterprise
Funds
Internal Service
Funds
2015-16 Proposed
Budget Total
Employee Compensation 14,665,219$ 899,197$ -$ -$ 1,684,519$ 1,233,363$ 18,482,298$
Employee Benefits 6,303,677 444,742 - - 492,698 1,531,662 8,772,779
Materials 3,971,681 831,465 - - 457,468 429,618 5,690,232
Contract Services 16,465,626 440,400 - - 5,484,662 2,253,039 24,643,727
Contingencies 1,432,349 880,000 - - 56,500 1,715,105 4,083,954
Cost Allocation 3,078,842 453,701 - - 592,675 210,027 4,335,245
Special Projects 6,647,521 - - - - - 6,647,521
Capital Outlays 10,000 14,467,994 - 3,260,000 200,000 - 17,937,994
Debt Service/Other Uses 2,239,763 49,462 3,167,538 6,262,000 608,549 1,028,201 13,355,513
Transfers Out 6,371,222 - - - - - 6,371,222
TOTAL EXPENDITURES61,185,900$ 18,466,961$ 3,167,538$ 9,522,000$ 9,577,071$ 8,401,015$ 110,320,485$
Net Increase (Decrease) in
Fund Balance/Retained
Earnings
3,314,335$ (8,272,349)$ -$ (9,522,000)$ (843,226)$ (2,288,076)$ (17,611,316)$
FISCAL YEAR 2015-16 PROPOSED BUDGET
FINANCIAL OVERVIEW BY FUND
203
Attachment D
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AND ADOPTING THE APPROPRIATION
LIMIT FOR FISCAL YEAR 2015-16
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
–0.04% /1.13% respectively, and the California per capita personal income change is
3.82%.
In computing the 2015-16 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 2015-16 fiscal appropriation limit of $86,100,308.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______
Grace Schmidt, City Clerk Rod Sinks, Mayor
City of Cupertino
204
Attachment E
Budget Follow Up Items
1.Council requested a look at feasibility of pre-funding pavement maintenance in future
budgets.
2.Council requested to know how many other cities received the finance award that
Cupertino received.
3.Council requested an explanation of the Mary Avenue Complete Streets project.
4.Council requested information on adding a sidewalk on Homestead between the creek
and Barranca for kids traveling to and from Cupertino Middle School and Homestead
High School.
5.Council requested a map of sidewalk gaps.
6.Council requested a link from Cupertino’s homepage to the Finance budget information
during budget time.
7.Council requested a higher level tutorial on Sankey diagrams for Council and the public.
8.Council requested a chart of General Fund and all Funds, excluding or separating out
transfers.
9.Council requested information regarding staffing the case management worker, wanted
more details on the RFP and process.
205
Attachment E
Budget Follow Up Items
1. Council requested a look at feasibility of pre-funding pavement maintenance in future
budgets.
As part of the budget study session council requested information on the City’s ability to
prefund costs related to 16/17 pavement in FY 15/16 budget, staff estimates that $6 million
dollars can be added to the FY15/16 budget. The advantage to doing this is that staff can
advertise construction contracts early in the season, increasing the probability of receiving more
favorable bids without head-to-head competition with other cities. The impact of this add is as
follow:
General Fund expenditures increase by $3 million (increased transfers out to fund pavement).
Capital Reserve expenditures increase by $3 million (increased transfers out to fund pavement).
Special Revenue fund expenditures and revenues increased by $6 million to fund increased
pavement expenses and transfers in from the general and capital reserve result in increased
revenues. An overall increase to the total budget of $12 million in expenditures and $6 million
dollars in revenue.
This will leave the year end unassigned fund balance for the general fund at $647,250 (still
within policy) versus the original esitatme of $3,647,250. This will leave the Capital reserve
with unassigned fund balance of $293,937 versus $3,293,937, however as part of year end close
and to be reported to council in the first quarter budget we anticpate transferring approximately
$11 million in unassigned fund balance from the general fund to the capital reserve, resulting in
projected year in fund balance to increase for the capital reserve by this corresponding amount.
This will not affect the CIP at all but will definetly affect the budget.
206
Attachment E
Budget Follow Up Items
2. How many other cities received the same finance award that Cupertino received?
Those award numbers will be posted in Mid-June by GFOA. For 2013, there were 96
cities in California. A few reviewer comments were; Received an outstanding rating for
the budget discussion of long-range financial plans including forecasts, trends or other
data reflective of the future operating budgets, as well as capital plans and major
projects are described clearly.
207
Agency State Budget Type Agency Type Award Years
Alameda CA Biennial MUN 3
Aliso Viejo CA Annual MUN 2
Anaheim CA Annual MUN 13
Apple Valley CA Annual MUN 1
Bakersfield CA Annual MUN 14
Berkeley CA Biennial MUN 16
Beverly Hills CA Annual MUN 13
Big Bear Area Regional Wastewater Agency CA Annual SD 6
Brentwood CA Biennial MUN 15
Burbank CA Annual MUN 23
Camarillo CA Biennial MUN 10
Campbell CA Annual MUN 21
Carlsbad CA Annual MUN 12
Carmel-by-the-Sea CA Annual MUN 1
Castaic Lake Water Agency CA Annual SD 8
Cathedral City CA Biennial MUN 6
Central Coast Water Authority CA Annual SD 17
Central Marin Sanitation Agency CA Annual SD 3
Chula Vista CA Annual MUN 10
Claremont CA Biennial MUN 19
Clovis CA Annual MUN 20
Coachella Valley Water District CA Annual SD 2
Colma CA Annual MUN 3
Concord CA Annual MUN 10
Contra Costa County CA Annual CO 3
Contra Costa Water District CA Biennial SD 10
Costa Mesa CA Annual MUN 15
CSAC Excess Insurance Authority CA Annual SD 3
Cucamonga Valley Water District CA Annual SD 7
Culver City CA Annual MUN 23
Daly City CA Biennial MUN 24
Del Mar CA Biennial MUN 18
Dinuba CA Annual MUN 3
East Bay Municipal Utility District CA Biennial SD 19
East Bay Regional Park District CA Annual SD 12
East Valley Water District CA Annual SD 1
El Cerrito CA Annual MUN 4
Elk Grove CA Annual MUN 11
Elsinore Valley Municipal Water District CA Biennial SD 8
Folsom CA Annual MUN 11
Fontana CA Annual MUN 22
Fremont CA Annual MUN 17
Fresno CA Annual MUN 11
Glendale CA Annual MUN 5
Glendora CA Annual MUN 5
Golden Gate Bridge, Highway & Transportation District CA Annual SD 8
Hayward CA Biennial MUN 15
Hermosa Beach CA Annual MUN 1
208
Highland CA Biennial MUN 24
Hillsborough CA Annual MUN 11
Huntington Beach CA Annual MUN 20
Inglewood CA Annual MUN 13
Inland Empire Utilities Agency CA Annual SD 9
Irvine CA Annual MUN 24
Laguna Hills CA Biennial MUN 19
Lake Arrowhead Community Services District CA Annual SD 1
Lake Elsinore CA Annual MUN 2
Lakeport CA Annual MUN 2
Lancaster CA Annual MUN 19
Las Virgenes Municipal Water District CA Annual SD 12
Livermore CA Biennial MUN 18
Los Angeles CA Annual MUN 19
Los Angeles County Community Development Commission CA Annual SD 20
Los Gatos CA Annual MUN 17
Lynwood CA Annual MUN 5
Manhattan Beach CA Annual MUN 18
Marin County CA Annual CO 2
Martinez CA Biennial MUN 10
Mendocino County CA Annual CO 1
Milpitas CA Annual MUN 18
Mission Viejo CA Biennial MUN 23
Monterey County CA Annual CO 4
Monterey Park CA Annual MUN 23
Morgan Hill CA Annual MUN 11
Mountain View CA Annual MUN 21
Napa CA Biennial MUN 5
Napa Sanitation District CA Annual SD 4
Newhall County Water District CA Annual SD 6
Novato CA Annual MUN 16
Oakland CA Biennial MUN 25
Olivenhain Municipal Water District CA Annual SD 13
Ontario CA Annual MUN 15
Orange County Fire Authority CA Annual SD 14
Orange County Sanitation District CA Biennial SD 18
Otay Water District CA Annual SD 6
Palmdale CA Annual MUN 23
Palo Alto CA Annual MUN 16
Pasadena CA Annual MUN 7
Pittsburg CA Annual MUN 2
Placer County CA Annual CO 1
Rancho California Water District CA Annual SD 7
Rancho Cordova CA Annual MUN 3
Rancho Cucamonga CA Annual MUN 2
Richmond CA Biennial MUN 6
Riverside CA Annual MUN 11
Riverside County Transportation Commission CA Annual SD 18
Sacramento Metro Air Quality Management District CA Annual SD 4
209
Sacramento Regional Transportation District CA Annual SD 8
San Bernardino Associated Governments CA Annual SD 15
San Bernardino Community College District CA Annual COL 3
San Bernardino County CA Annual CO 8
San Carlos CA Biennial MUN 5
San Clemente CA Annual MUN 22
San Diego CA Annual MUN 13
San Diego County CA Annual CO 12
San Diego County Regional Airport Authority CA Annual SD 9
San Diego County Water Authority CA Biennial SD 19
San Francisco CA Annual MUN 8
San Francisco Public Utilities Commission CA Biennial SD 5
San Jose CA Annual MUN 24
San Juan Capistrano CA Biennial MUN 4
San Juan Water District CA Annual SD 2
San Leandro CA Biennial MUN 8
San Luis Obispo CA Biennial MUN 27
San Luis Obispo County CA Annual CO 3
San Mateo County CA Biennial CO 9
Santa Ana Watershed Project Authority CA Biennial SD 7
Santa Barbara CA Biennial MUN 16
Santa Barbara County CA Annual CO 17
Santa Clara Valley Transportation Authority CA Biennial SD 5
Santa Clarita Water Division CA Annual SD 3
Santa Fe Irrigation District CA Annual SD 4
Santa Maria CA Biennial MUN 16
Santa Monica CA Biennial MUN 11
Santa Rosa CA Annual MUN 9
Saratoga CA Annual MUN 7
Sonoma County CA Annual CO 19
South Coast Air Quality Manaement District CA Annual SD 2
South Lake Tahoe CA Annual MUN 6
Southern California Metropolitan Water District CA Biennial SD 20
Southgate Recreation and Park District CA Annual SD 8
Stanislaus County CA Annual CO 11
Sunnyvale CA Annual MUN 26
Temecula CA Annual MUN 23
Thousand Oaks CA Biennial MUN 9
Tracy CA Annual MUN 25
Union City CA Biennial MUN 5
Upland CA Annual MUN 11
Victor Valley Wastewater Reclamation Authority CA Annual SD 2
Villa Park CA Annual MUN 4
Visalia CA Biennial MUN 13
Walnut CA Annual MUN 24
Water Replenishment District of Southern California CA Annual SD 3
Watsonville CA Biennial MUN 20
West Basin Municipal Water District CA Annual SD 5
West Hollywood CA Biennial MUN 22
210
Western Municipal Water District CA Biennial SD 4
Westminster CA Biennial MUN 19
Wildomar CA Biennial MUN 1
Winters CA Biennial MUN 11
Yorba Linda Water District CA Annual SD 3
Yountville CA Annual MUN 4
Yuba City CA Annual MUN 15
Zone 7 Water Agency CA Annual SD 1
211
Attachment E
Budget Follow Up Items
3. Council requested an explanation of the Mary Avenue Complete Streets project.
BACKGROUND
This information is provided in response to questions that came up during the City Council’s
Budget Study Session on May 12, 2015 regarding the proposed Mary Avenue Complete Street
Project, formerly included in the 2014-15 CIP Budget as Mary Avenue Pedestrian and
Streetscape Improvements. The inquiries, both from Councilmembers and from a member of
the public, were concerning the origin of the project and the general scope.
In June of 2014, the City Council adopted the CIP Budget which included the Mary Avenue
Pedestrian and Streetscape Improvements project. The project description was as follows: Mary
Avenue was originally designed and built to arterial standards, with the expectation that it
would serve as a major connecting route over Interstate 280 to Sunnyvale. With the completion
of the Don Burnett Bicycle-Pedestrian Bridge, Mary Avenue will continue to function as a local
road into the foreseeable future. This project will develop and implement an improvement plan
for Mary Avenue that will provide for features that are consistent with its function as a
pedestrian- and bicycle-friendly corridor providing local vehicle access.
For the current fiscal year, $28,000 was budgeted for data collection and traffic analysis, and for
next year $275,000 was budgeted for community outreach, conceptual design, and a portion of
design, and environmental review.
DISCUSSION
What is included in the current proposed CIP for next year is increasing the budget from
$275,000 to $3,662,000 to advance the construction after the design is approved for the project.
Over $1 million of this construction cost is allocated to the installation of an extension of our
fiber optic network to the Service Center to further the City’s goal of providing reliable and
faster communications for all city facilities, as well as a street resurfacing at the conclusion of
the project. This construction budget also includes the installation of sidewalk where there are
currently gaps.
Existing angled parking along the west side of the roadway is currently used by adjacent
residents, commercial patrons, De Anza College students, Mary Avenue Dog Park users, and
Memorial Park users. In addition, due to proximity to freeway access and ample on-street
parking, Mary Avenue has become an unofficial park and ride location for several major private
firms to pick up and drop off their employees with private buses. Most of this on-street parking
requires users to walk in the street from the car or bus to their destination.
Project Description:
The goal of the project will be to transform Mary Avenue into a Complete Street to
accommodate all roadway users with emphasis on creating a pedestrian- and bicycle- friendly
corridor and providing safe access to and from adjacent schools, commercial and recreational
destinations.
212
Attachment E
Budget Follow Up Items
Based on the final outcome of public outreach and City Council approval, the Project may
include the following: landscaped islands for beautification and storm water treatment purpose;
traffic calming features to enhance pedestrian and bicycle safety such as new sidewalk along
west side of Mary Ave, ADA ramps, curb extensions, pedestrian flashing beacons, signage and
pavement markings; street lights, redesign of existing bike lanes and angled parking.
The Complete Street intent is encompassed at many locations in the goals and strategies of the
General Plan. Having public infrastructure that supports all means of transportation is critical,
and Mary Avenue is a unique opportunity to accomplish this goal. Because of the national and
international push for Complete Streets, having a completed conceptual plan that is vetted by
stakeholders and the community may place the project in good stance for future grants to offset
the General Fund budget. Lastly, the Mary Avenue Complete Street Project is consistent with
the original visions and goals of Don Burnett Bicycle-Pedestrian Bridge. As shown on the
attachment, the General Plan also shows that Mary Avenue is a potential trail alignment.
Attachment: Community Vision 2040 Trail Linkages Map
213
RPC-12
COMMUNITY VISION 2040
City of Cupertino
FO
O
T
H
I
L
L
B
L
V
D
ST
E
L
L
I
N
G
R
D
De
A
N
Z
A
B
L
V
D
HOMESTEAD ROAD
WO
L
F
E
R
D
STEVENS CREEK BLVD
BL
A
N
E
Y
A
V
E
MI
L
L
E
R
A
V
E
BOLLINGER RD
McCLELLAN
ROAD
RAINBOW DRIVE
BU
B
B
R
O
A
D
PROSPECT ROAD
85
280
TANTAU
Stevens Creek
Reservoir
Sunnyvale
Santa Clara
San Jose
Saratoga
Existing or Proposed
Trail Linkages
Future Trail Linkages
Los Altos
Potential Trails
Potential Alternative Trail
Alignment
N
Calabazas
Creek
Trail
San Tomas
Aquino
Trail
San Tomas
Aquino
Trail
Linda
Vista
Park
Rancho
San Antonio
Park
01000
0500
20003000
0 0.5 1Mile
1000
Feet
Meters
Legend
City Boundary
Heart of the City Boundary
Urban Service Area Boundary
Sphere of Influence
Boundary Agreement Line
Unincorporated Areas
Figure RPC-4
Trails Linkage
Attachment E
214
Attachment E
Budget Follow Up Items
4. Council requested information on adding a sidewalk on Homestead between the creek
and Barranca for kids traveling to and from Cupertino Middle School and Homestead High
School.
Without much information on existing utilities, the scope of the suggested project
would result in an estimated cost of $90,000. The scope is to pave with concrete an
existing protected pedestrian path that currently is surfaced with asphalt pavement.
215
Attachment E
Budget Follow Up Items
5.Council requested a map of sidewalk gaps.
The following information was transmitted to the Council in Items of Interest on May
21st. As approved in the 2015/16 City Council Work Program, staff was to develop a
map indicating where sidewalk gaps exist in the City. We have completed that map and
it can be reviewed at http://www.cupertino.org/index.aspx?page=351.
During the Budget Study Session of May 12, Council asked why certain sidewalk
projects were included in the proposed CIP, and this map illustrates that except perhaps
in the Garden Gate neighborhood, the largest deficiency in sidewalks on through-streets
near schools is in the Monta Vista area.
216
Attachment E
Budget Follow Up Items
6. Council requested a link from Cupertino’s homepage to the Finance budget information
during budget time.
217
Attachment E
Budget Follow Up Items
7.Council requested a higher level tutorial on Sankey diagrams for Council and the public.
FISCAL YEAR 2015-16 PROPOSED BUDGET
FLOW OF FUND CHART
Source of Funds (Revenue) Use of Funds
(Expenses)
¹
²
³
⁴
⁵
⁶
¹ The largest revenue source for the City is Taxes
² Transfers In fund significant portions of the Special Revenue, Debt Service, Enterprise and Internal Service Funds
³ The gap on the right side of this bar indicates that revenues are greater than budgeted expenses resulting in an increase to fund balance
⁴ The gap on the left side of this bar indicates that budgeted expenses are greater that revenue resulting in a use or decrease in fund balance
⁵ There are no revenue sources for Capital Projects, all expenses will be funded from fund balance
⁶,⁷ The gap on the left side of this bar indicates that budgeted expenses are greater that revenue resulting in a use or decrease in retained earnings
⁷
218
Attachment E
Budget Follow Up Items
8.Council requested a chart of General Fund and all Funds, excluding or separating out
transfers.
2 charts has been created on www.cupertino.org/opengov and can be found in the links
below:
https://cupertinoca.opengov.com/transparency#/1133/breakdown=types&accountType=types&g
raph=bar&selection=BCA57C313ACC8F7A228419782FD7E21C&legendSort=desc&saved_view=
2135&fiscal_start=earliest&fiscal_end=latest
219
Attachment E
Budget Follow Up Items
https://cupertinoca.opengov.com/transparency#/1133/breakdown=types&accountType=types&g
raph=bar&selection=389ADE8D1E682CCF0D64EC07E23E97FE&legendSort=desc&saved_view=
2136&fiscal_start=earliest&fiscal_end=latest
220
Attachment E
Budget Follow Up Items
9. Council requested information regarding staffing the case management worker, wanted
more details on the RFP and process.
Case Management Services
During the FY14/15 Budget process, the Recreation and Community Services Department
requested an additional case management position for the Cupertino Senior Center. The
position was requested as our current case manager, Karen Goss, is handling 80-90 clients on
average. Industry standard is 45 cases per position. Since this is a valued service at the Senior
Center, our goal is to continue to provide high quality service to our customers. The Council, in
lieu of authorizing an additional full-time position, directed staff to contract this service with a
budget of $90,000.
The following summarizes staff’s efforts in selection of a contractor:
RFP issued and sent to 8 organizations November 14, 2014
Deadline for Proposed submission, receiving 3 submissions December 11, 2014
Agency Selected for interviews January 13, 2015
Interviewed conducted with 2 Organizations January 22, 2015
Requested Approval to Move Forward with EASE Plan January 27, 2015
Contract Discussions Began with EASE Plan February 2, 2015
Heard Back from ABAG & City Attorney on Mutual Indemnification February 18, 2015
Worked with City Attorney’s Office on Transportation Issue March 19, 2015
EASE Plan withdrew from Signing Contract March 24, 2015
Staff from the City Manager’s office and the Recreation and Community Services department
reviewed the proposals and conducted interviews on January 22, 2015. Specific questions were
asked that centered on the applicant’s experience, knowledge of industry resources,
requirements and responses to “real life” scenarios. The interview panel unanimously selected
EASE Plan as the successful bidder due to their extensive experience. In addition to the firm’s
ability to supplant these services with medical and legal advice where necessary, and provide
automated case tracking which would streamline our current employees’ workload.
The second firm interviewed, although looking good on paper, was disappointing. The Case
Manager that they were proposing to place at the Senior Center had limited English skills and
had limited intern-only experience. The Case Manager did not understand many of the
questions and had to be prompted on several occasions. The entire interview board was
unanimous that this caliber of individual would not be able to function independently as a
contractor. The EASE Plan contractor, by comparison, was excellent and answered all questions
independently and had additional ideas for expansion of service levels.
During the contract negotiation process, EASE Plan withdrew due to contractual term issues
regarding mutual indemnification and transportation insurance requirements. One of the
221
Attachment E
Budget Follow Up Items
essential duties of a Case Manager is to accompany clients to appointments. Unfortunately, the
City could not resolve liability issues relating to client transportation.
Given the lack of qualified Case Management contractors, the approval of 1.0 FTE Case
Manager Position is requested to meet the needs of our community’s most vulnerable residents.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0829 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/14/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Update on drought State of Emergency actions, implemented water conservation measures
for City operations, amendments to Cupertino Municipal Code Chapter 15.32 related to water
conservation, prohibited uses of water, regulations for water conservation, and proposed regulations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - State Water Resources Control Board Draft Regulation Implementing 25% Fact Sheet
B - State Water Resources Control Board Adopted Emergency Regs 5-5-15
C - State Water Resources Control Board 2015 Emergency Regs FAQ
D - SJWC and CWSC Rule No. 14.1 Restrictions
E - City of Cupertino Water Conservation Restriction Measures with attachment
F - Clean Version of Draft Ordinance
G - Red-Lined Version of Draft Ordinance
H - Draft Resolution with Regulations
Action ByDate Action ResultVer.
City Council6/2/20151
Subject:UpdateondroughtStateofEmergencyactions,implementedwaterconservation
measuresforCityoperations,amendmentstoCupertinoMunicipalCodeChapter15.32related
towaterconservation,prohibitedusesofwater,regulationsforwaterconservation,and
proposed regulations
Staff recommends that Council take the following actions:
1) Receive staff presentation on continued drought State of Emergency;
2) Provide input to staff on implemented water conservation restrictions for City operations;
3)ConductthefirstreadingofOrdinanceNo.15-2131:"AnOrdinanceoftheCityofCupertino
amendingChapter15.32ofTitle15oftheCupertinoMunicipalCoderelatingtowater
conservation, prohibited uses of water, and water use regulations"; and
4)Providenoticeofintenttoadoptthedraftresolutionwith2015-2016RegulationsRestricting
Water Use at the second reading of the draft ordinance
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
powered by Legistar™223
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Update on drought State of Emergency actions, implemented water conservation
measures for City operations, amendments to Cupertino Municipal Code Chapter 15.32
related to water conservation, prohibited uses of water, regulations for water
conservation, and proposed regulations.
Recommended Action
Staff recommends that Council take the following actions:
1) Receive staff presentation on continued drought State of Emergency;
2) Provide input to staff on implemented water conservation restrictions for City
operations;
3) Conduct the first reading of the draft ordinance: "An Ordinance of the City of
Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code
relating to water conservation, prohibited uses of water, and water use regulations";
and
4) Provide notice of intent to adopt Resolution No. 15-___ with 2015-2016 Regulations
Restricting Water Use at the second reading of the draft ordinance.
Description
Moderate to exceptional drought conditions continue throughout California even
though much of the State has received above average annual rainfall to date—including
Santa Clara County. The March 2015 U.S. Drought Monitor reports that most of Santa
Clara County is now in a state of “Extreme” drought severity, worsened from the
previous “Severe” drought stage reported in February 2015. Water stored as snowpack
in the Sierras is also at a record low 15% of average for April 1st. This impacts the
replenishment of groundwater in many areas throughout the State and is the source of
about 55% of the water used by residents and businesses of Cupertino.
Due to these conditions, the Santa Clara Valley Water District (Water District) has
significantly curtailed its groundwater recharge program and increased groundwater
pumping. This has caused local groundwater levels to drop to more than 40 feet lower
than average. Groundwater levels are predicted to continue to fall in 2015.
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Consequently, the Water District predicts total groundwater storage to fall within Stage
4 “critical” of the Water District’s Water Shortage Contingency Plan if dry conditions
continue and no reduction measures are implemented. The Water District has been
working with urban water suppliers (e.g. San Jose Water Company & California Water
Service Company), municipalities and the County to increase water conservation efforts
and public outreach. Through these efforts, preliminary water use data from February
through December 2014 indicate that cumulative countywide savings of slightly higher
than 13% was realized compared to the same period in 2013. However, through
February of this year, only a 4% savings has been achieved compared to 2013, so it is
clear that increased efforts are needed.
Completed Regulatory Actions
The State, Water District and the two urban water suppliers in Cupertino are
collectively responding to this emergency. Below is a chronological summary of actions
completed:
Completed Actions
January 17, 2014 - Governor Brown proclaimed a state of emergency, following
driest year in recorded state history. Called on all Californians to reduce water
use by 20 percent.
February 25, 2014 – The Water District called for mandatory measures to achieve
20 percent of 2013 water use reduction target across retail water agencies, local
municipalities and the County.
March 31, 2014 – San Jose Water Company (SJWC) implements Rule 14.1 to
achieve 20 percent conservation as directed by the California Public Utilities
Commission (CPUC).
July 15, 2014 - State Water Resources Control Board (Water Board) adopted
emergency regulations, effective July 28, 2014 through April 25, 2015, mandating
urban water suppliers, including SJWC and California Water Service Company
(CWSC) to implement all requirements and actions of their Water Shortage
Contingency Plans (WSCP). WSCP impose mandatory restrictions on a variety of
water uses.
August 14, 2014 – CPUC passed resolution for notification and enforcement of
the Water Board’s Resolution across investor-owned water utilities (IOUs) under
CPUC jurisdiction.
March 17, 2015 - Water Board adopts resolution with emergency regulations
mandating that urban water suppliers implement all requirements and actions of
its WSCP, including mandatory restrictions on limiting the outdoor irrigation to
a number of days per week.
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March 24, 2015 – Water District issues call to reduce potable water use by 30
percent and restrict outdoor watering of ornamental landscapes or lawns with
potable water to no more than two days a week through the end of 2015.
March 27, 2015 – Water Board emergency regulations in effect.
April 1, 2015 - Governor Brown issues executive order increasing water
reductions from 20 percent to 25 percent, from a 2013 baseline. Attachment A is
the standard fact sheet to implement a 25 percent reduction.
April 9, 2015 – CPUC passes resolution mandating compliance with Water Board
Resolution for IOUs, orders utilities to implement Tariff Rule 14.1 “Procedures
for Water Conservation, Rationing and Service Connection Moratoria.”
April 18, 2015 – Water Board issues draft emergency regulations for urban water
conservation.
April 28, 2015 – Water Board emergency rulemaking formal notice.
May 5, 2015 – Water Board adopts mandatory 25% water conservation
regulations (Attachment B).
May 7, 2015 – CWSC requests authority from the CPUC to activate Rule No. 14.1
WSCP.
May 11, 2015 – SJWC requests authority from the CPUC to activate Rule No. 14.1
WSCP.
Practical Implications of Completed Regulatory Actions
The emergency conservation regulations adopted in March by the Water Board
expanded upon those instituted last July and prohibit the actions listed below.
Using potable water to wash sidewalks and driveways;
Allowing runoff when irrigating with potable water;
Using hoses with no shutoff nozzles to wash cars, trailers, boats;
Using potable water in decorative water features that do not recirculate the
water;
Irrigating outdoors during and within 48 hours following measurable rainfall
(new March 2015);
Restaurants are prohibited from serving water to their customers unless
requested (new March 2015);
Hotels and motels must offer guests the option not to have linens and towels
laundered daily, prominently displaying this option in each guest room (new
March 2015).
Attachment C is a listing of frequently asked questions regarding these restrictions.
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4
Attachment D includes both SJWC and CWSC Rule No. 14.1 restrictions. These
restrictions, if authorized by the CPUC will be effective June 1st for CWSC and June 15th
for SJWC.
In Cupertino, enforcement of these regulations is the primary responsibility of the
Water District, SJWC and CWSC. The City, with the adoption of the revisions to
Chapter 15.32 and regulations, may assist SJWC and CWSC with enforcement by fining
violators up to $100 for a first violation; $200 for a second violation and up to $500 for a
third violation. SJWC and CWSC will perform the following actions when either water
waste or violations of conservation measures are observed:
First offense – door hanger
Second offense – door hanger and letter
Third offense – door hanger, certified letter, and personal contact
Fourth offense - Water waste must be observed by water retailer staff and photos
taken documenting waste. If observed and photographed then low-flow
restrictions and/or penalties as authorized by City ordinance will occur. If the
offense is not observed, then third offense contact will continue.
Residents may also directly contact the Water District, SJWC or CWSC if they observe
water waste or violation of conservation rules. All contact resources and informational
materials will be easily located on the City’s website.
The Water District has created a suite of options for individuals to report actions that
violate the list above by causing “water waste.” Any observed waste may be reported
using one of three methods:
Call (408) 630– 2000
Email drought@valleywater.org
Report through downloadable Access Valley Water App
Further, the Water Board can issue a cease and desist order against water agencies that
do not impose mandatory outdoor restrictions upon retail customers, subject to civil
liability of up to $10,000 per day. Specifically SJWC and CWSC must:
Impose restrictions on outdoor irrigation;
Notify customers about leaks that are within the customer’s control;
Report on water use monthly; and
Report on compliance and enforcement.
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City Water Use for Internal Operations
The City has a long history of conserving water across its operations, leading by
example through its practices, and encouraging businesses, residents and schools to do
the same. Upon the Governor’s January, 2014 call to conserve 20% water over 2013
levels, staff adjusted irrigation schedules across parks, sports fields, school sites, and
street medians and implemented landscaping improvements (e.g. plant replacement,
mulch application, bubbler/spray conversion to drip). These modest changes, with
previously implemented practices of mowing adjustments and indoor water equipment
upgrades (e.g. low-flow faucet aerators, showerheads, toilets) resulted in the City
reducing aggregate municipal water use by 17% in 2014 as compared to 2013. The
largest percentage reduction was from reduced irrigation at City parks and sport fields.
Most of these water savings resulted in minimal to moderate complaints from user
groups and/or the public, as parks and sports fields have remained generally green.
To achieve the 30% reduction target set by the Water District and the targets placed by
the Water Board upon the City’s two water retailers, staff has developed and
implemented water conservation restriction measures for City operations (see
Attachment E). These measures focus on water use on turf, landscaping, and water
features across parks, schools, sports fields, medians and other select City facilities.
These facilities were selected based upon the amount of water needed to maintain these
sites and potential gains from water use reductions. The chart below shows how water
use is divided among various facilities throughout the City, which guided the
implemented water conservation restriction measure approach.
Attachment E includes aerial photographs of City facilities where water conservation
measures have been or will be implemented. Facilities with areas of turf programmed
by the Recreation and Community Services Department and sport fields will generally
stay green. The aesthetics of many non-programmed turf areas are anticipated to
significantly change with the occurrence of warm weather and will be noticed by the
public. To address these noticeable changes, each facility will have educational signage
that shares information on the City’s water conservation actions, as well as promoting
conservation education and a link to the City’s drought webpage.
4% 0%
10%
16%
45%
12%
13%
2013 Water Use
by City Asset
Facility
Fountain
Golf
Median
Park
School
Sports Field
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Water conservation restriction measures at various sites are estimated to reduce the
City’s water use an additional 16% for 2015. When added to the 17% reduction in 2014,
cumulative savings are estimated to be 31% below the 2013 consumption baseline,
thereby achieving conservation targets.
Municipal Code Update
Staff is recommending several amendments to Municipal Code Chapter 15.32. The
amendments align Cupertino with other agencies across the County, as guided by the
Water Board, Water District, and urban water suppliers. Amendments include, but are
not limited to:
Update definitions.
Prohibit uses of water consistent with the Water Board regulations.
Establish that City Council’s mandatory restrictions on water use regulations
have the same force and effect of law.
Attachments F, G & H are available for reference and include the current Chapter 15.32
requirements, Chapter 15.32 red-lined amendments and Resolution 15-___ with 2015-16
proposed Regulations Restricting Water Use.
Notice of Adoption of Regulations
In addition to the restrictions on water uses in the Municipal Code (which apply
whether or not drought conditions exist) staff recommends that the City adopt
additional conservation regulations by resolution. The proposed Regulations prohibit
other activities including:
Limit outdoor irrigation of ornamental landscapes or turf with potable water to
no more than two days per week;
Using outdoor irrigation during and 48 hours after rain.
The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias,
bars, or other public places where food or drink are served and/or purchased.
Operators of hotels and motels shall provide guests with the option of choosing
not to have towels and linens laundered daily. The hotel or motel shall
prominently display notice of this option in each guestroom using clear and
easily understood language.
In order to ensure notice of these regulations, Resolution 15-___ should be adopted at
the second reading of the proposed ordinance.
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Next Steps
Staff will work with Cupertino urban water suppliers and the Water District to outreach
to community members, notifying them of new drought restrictions and associated
tariffs. This civic media campaign that results from these elevated educational efforts
will be shared via future Council correspondence.
Sustainability Impact
Actions taken to conserve water across the City’s municipal portfolio directly
implement Cupertino’s Climate Action Plan Measure M-F-7: Conserve Water through
Efficient Landscaping and enable the City to advance its emissions reduction goals
arising from onsite water use. Further, these visible actions showcase the City’s
commitment to protecting this diminishing non-renewable resource with the goal of
spurring similar water conservation action across the community, beyond what is
required through the City’s updated Municipal Code.
Fiscal Impact
Conservation mandates by the State and the CPUC are anticipated to decrease utility
expenses but implementation of the City’s internal water conservation restriction
measures will achieve overall water use reductions. Staff will monitor water use and
expenses and will report use and expenses in future drought updates. The costs to later
restore areas to a pre-drought state (e.g. filling ponds, increasing landscaping and
associated irrigation) are likely to be significant. These costs and areas will be revisited
when the drought emergency proclamation is lifted by the Governor.
_____________________________________
Prepared by: Roger Lee, Assistant Director, Public Works and Erin Cooke, Assistant to
the City Manager & Sustainability Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A. State Water Resources Control Board Draft Regulations Implementing 25%
Conservation Standard Fact Sheet
B. State Water Resources Control Board Adopted Emergency Regulations
C. State Water Resources Control Board 2015 Emergency Water Conservation
Regulations Frequently Asked Questions
D. SJWC and CWSC Rule No. 14.1 Restrictions
E. City of Cupertino Water Conservation Restriction Measures for City operations with
attachment
F. Chapter 15.32 Clean Version of Draft Ordinance
G. Chapter 15.32 Red-Lined Version of Draft Ordinance
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H. Draft Resolution 15-___ with 2015-16 Regulations Restricting Water Use
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DRAFT REGULATIONS
IMPLEMENTING 25% CONSERVATION STANDARD
On April 1, 2015, Governor Jerry Brown issued the fourth in a series of Executive Orders on
actions necessary to address California’s severe drought conditions. With snowpack water
content at a record low level of 5 percent of average for April 1st , major reservoir storage
shrinking each day as a percentage of their daily average measured over the last several
decades, and groundwater levels continuing to decline, urgent action is needed. The April 1
Executive Order requires, for the first time in the State’s history, mandatory conservation of
potable urban water use. Commercial agriculture in many parts of the State has already been
notified of severe cutbacks in water supply contracted through the State and Federal Water
Projects and is bracing for curtailments of surface water rights in the near-term. Conserving
water more seriously now will forestall even more catastrophic impacts if it does not rain next
year.
Early Input
To maximize input in a short amount of time, the State Water Board released a proposed
regulatory framework for implementing the 25% conservation standard mandated by the
Executive Order on April 7, 2015. This will result in water savings amounting to approximately
1.3 million acre-feet of water over the next nine months, or nearly as much water as is
currently in Lake Oroville. Draft regulations are now available for informal public comment that
consider and incorporate the input contained in over 250 comments submitted by water
suppliers, local government, businesses, individuals, and non-governmental organizations.
Key areas of comment focused on the methodology behind the assignment of conservation
standards, the availability of exclusions or adjustments under defined conditions, how to
approach the commercial, industrial and institutional (CII) sector, the requirements for smaller
water suppliers, and the approach to enforcement.
What’s Next
During this second informal comment period, we are soliciting feedback on the updated
approach reflected in the draft regulation as well as comment on the specific regulatory
language. Please submit comments by email to Jessica Bean at
Jessica.Bean@waterboards.ca.gov by April 22, 2015. The draft regulation will be further
refined based on comments received and the Notice of Proposed Emergency Rulemaking and
accompanying revised regulatory language will be released on April 28 th for public comment
and consideration by the Board at its May 5-6, 2015 regular business meeting.
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Draft Regulation - Key Provisions
Conservation Standard for Urban Water Suppliers
As drought conditions continue, all water suppliers will need to do more to meet the statewide 25%
conservation standard. Many communities around the State have been conserving for years. Some of
these communities have achieved remarkable results with residential water use now hovering around
the statewide target for indoor water use, while others are using many times more. Everyone must do
more, but the greatest opportunities to meet the statewide 25% conservation standard now exist in
those areas with higher water use. Often, but not always, these water suppliers are located in areas
where the majority of the water use is directed at outdoor irrigation due to lot size and other factors.
In response to comments and suggestions, the draft regulation assigns urban water suppliers to a tier
of water reduction based upon three months of summer residential gallons-per-capita-per-day data
(July-September). These three months reflect the amount of water used for summer outdoor irrigation,
which provides the greatest opportunity for conservation savings.
The number of tiers has more than doubled, from the proposed regulatory framework, to more
equitably allocate the conservation savings necessary to reach the statewide 25 percent reduction
mandate. This updated approach lessens the disparities in reduction requirements between agencies
that have similar levels of water consumption, but fall on different sides of dividing lines between tiers.
Suppliers that were in the 35% reduction tier in the prior proposal may now be in the 32% or 28% tier if
their summer 2014 R-GPCD was below 210. Adding additional tiers to the conservation framework
also better reflects past conservation efforts because water suppliers that have reduced use prior to the
drought will have a lower R-GPCD and lower conservation standard than water suppliers with similar
climate and density factors where R-GPCD remains high.
Urban water suppliers (serving more than 3,000 customers or
delivering more than 3,000 acre feet of water per year and
accounting for more than 90% of urban water use) will be
assigned a conservation standard, as shown in the
following table:
Tier
R-GPCD Range # of
Suppliers in
Range
Conservation
Standard From To
1 reserved 0 4%
2 0 64.99 23 8%
3 65 79.99 21 12%
4 80 94.99 42 16%
5 95 109.99 41 20%
6 110 129.99 51 24%
7 130 169.99 73 28%
8 170 214.99 66 32%
9 215 612.00 94 36%
The Smith family of three learns that
their water district must reduce water
use by 12 percent. A manufacturing
plant uses 20 percent of the water
and cannot reduce its use. So,
residents are told to reduce their use
by 15 percent to meet the overall 12
percent target. The Smith fa mily
uses an average of 210 gallons per
day (or about 70 gallons per person),
165 gallons for indoor use and 45
gallons for watering their small yard.
To meet the 15% reduction
requirement they must bring their
total water use down to about 180
gallons pe r day. This is equivalent
to about 60 gallons per person per
day.
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The draft regulation describes two situations where water suppliers could request to modify their total
water use or be placed into a lower conservation tier:
1. Urban water suppliers delivering more than 20 percent of their total water production to
commercial agriculture may be allowed to modify the amount of water subject to their
conservation standard. These suppliers must provide written certification to the Board to be
able to subtract the water supplied to commercial agriculture from their total water production for
baseline and conservation purposes.
2. Urban water suppliers that have a reserve supply of surface water that could last multiple years
may be eligible for placement into lower conservation tier. Only suppliers meeting the eligibility
criteria will be considered. These criteria relate to the source(s) of supply, precipitation
amounts, and the number of years that those supplies could last.
There are no specific use reduction targets for commercial, industrial, and institutional users served by
urban and all other water suppliers. Water suppliers will decide how to meet their conservation standard
through reductions from both residential and non-residential users. Water suppliers are encouraged to
look at their commercial, institutional and industrial properties that irrigate outdoor ornamental
landscapes with potable water for potential conservation savings.
An open question is whether the draft regulation should allow multiple suppliers to join together to meet a collective
conservation standard. In order to achieve a statewide 25% reduction in urban water use, the group as a whole would
need to achieve the same amount of water savings as they would as individual suppliers. This approach could provide
additional flexibility in achieving the conservation standard and allow for uniform messaging and implementation
across contiguous service areas. There are many uncertainties, however, related to the appropriate geographic scope,
group leadership, compliance assessment, accountability, and enforcement. Input is requested regarding how a
collective approach could be administered that addresses these uncertainties and achieves the required reduction in
water use.
Conservation Standard For All Other Water Suppliers
Under the current proposal, smaller water suppliers (serving fewer than 3,000 connections) will be
required to achieve a 25% conservation standard or restrict outdoor irrigation to no more than two days
per week. Commercial, industrial, and institutional users with independent supplies will also be required
to reduce usage by 25% or restrict outdoor irrigation to no more than two days per week. These
smaller urban suppliers serve less than 10% of Californians.
The Jones family of four learn that their water district must reduce water use by 32 percent. An oil
refinery uses 10 percent of the district’s water and cannot reduce its use. Their city also has many small
businesses, and a golf course, which can reduce use by more than 10 percent. The residents must now
reduce their use by 30 percent to meet the overall 32 percent target. The Jones family uses an average of
1,200 gallons per day (or about 300 gallons per person); 300 gallons for indoor use and 900 gallons
outdoors, to irrigate a large yard that includes grass and fruit trees. To cut water use by 30 percent, the
Jones’ must cut their water use by 360 gallons per day to 840 gallons which is equivalent to 210 gallons
per person per day.
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End-User Requirements
The new prohibitions in the Executive Order apply to all Californians and will take effect immediately
upon approval of the regulation by the Office of Administrative Law. These include:
Irrigation with potable water of ornamental turf on public street medians is prohibited; and
Irrigation with potable water outside of newly constructed homes and buildings not delivered by
drip or microspray is prohibited.
Commercial, industrial and institutional properties under Provision 5 of the Executive Order with an
independent source of water supply (not served by a water supplier), are required under the draft
regulation to either limit outdoor irrigation to two days per week or achieve a 25% reduction in water
use. Often, these properties have large landscapes that would otherwise not be addressed by this
regulation.
It will be very important as these provisions are implemented to ensure that existing trees remain
healthy and do not present a public safety hazard. Guidance on the implementation of both prohibitions
will be developed.
New Reporting Requirements
Total monthly water production and specific reporting on residential use and enforcement as laid out in
the previously adopted emergency regulations will remain in effect. Because the conservation standard
applies to total water production, the draft regulation expands the reporting to include information on
water use in the commercial, industrial, and institutional sectors. Small water suppliers with fewer than
3,000 service connections will be required to submit a single report on December 15, 2015 that
provides their water production from June-November 2015 and June-November 2013. In addition, they
must report on the number of days per week outdoor irrigation is allowed.
Commercial, industrial, and institutional facilities with an independent source of supply (they are not
served by a water supplier) will not be required to submit a report; however they should be prepared to
demonstrate their compliance with the two day per week watering restriction or the 25% reduction in
water use if requested to do so by the Board.
Compliance Assessment
In many communities around the state, over half (and up to 80 percent) of total residential water use is
for outdoor irrigation during the summer months. With summer just around the corner, bringing with it
the greatest opportunity for making substantial conservation gains, immediate action is essential. As a
result, the Board will begin assessing compliance with the submittal of the June monthly report on July
15, 2015.
Commenters pointed out that a month-by-month comparison of the percentage reduction in water use
is confusing to the public because of the potentially wide variation in results due to temperatures,
precipitation, and other factors. Several comments suggested using a 12-month rolling average;
however a cumulative approach will also eliminate the wide swings that can occur in a mon th-by-month
comparison and give a more accurate sense of progress. Beyond June, the Board will track
compliance on a cumulative basis. Cumulative tracking means that conservation savings will be added
together from one month to the next and compared to the amount of water used during the same
months in 2013. This tracking will look like the sample graph below.
235
Example Comparison of Monthly Savings and Cumulative or Running Savings
2013 Water
Use
2015 Water
Use
Monthly
savings
Cumulative or
Running Savings
June 1000 800 20% 20%
July 1500 1050 30% 26%
August 1200 1020 15% 22%
September 900 825 8% 20%
20%
30%
15%
8%
20%
26%
22%
20%
June July August September
Monthly savings
Cumulative or Running Savings
Two additional tools are included in the draft regulation to both expedite the investigation of water
suppliers not meeting their conservation standard and require the implementation of actions to correct
this situation. A new informational order is proposed that water suppliers would be required to respond
to or face immediate enforcement. The proposed conservation order can be used to direct specific
actions to correct non-compliance. Both of these tools are tailored to the emergency circumstances
that the State finds itself in as a result of continuing drought conditions. Violation of an information or
conservation order carries a penalty of up to $500 per day.
The Board will work with water suppliers along the way that are not meeting their targets to implement
actions to get them back on track. These actions could include changes to rates and pricing,
restrictions on outdoor irrigation, public outreach, rebates and audit programs, leak detection and
repair, and other measures. The Board may use its enforcement tools to ensure that water suppliers
are on track to meet their conservation standards at any point during the 270 days that the emergency
regulation is in effect.
In Conclusion
The Board received many comments on how to incorporate factors correlated with water use, such as
climate, density, past conservation achievements, growth, and others. Many of these factors are
accounted for in the State’s 20x2020 conservation approach adopted in 2009, and they are relevant to
a longer-term conservation policy. While the draft regulation does not directly adjust the conservation
standards based on climate or other factors, the increase in the number of tiers gives many
communities in the hotter, inland areas a lower conservation standard than they would have otherwise
been subject to.
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There were also many comments that discussed how recycled water and other new sources of water
supply should factor in to the conservation standard. Many suggested that potable recycled water
supplies be excluded from the amount of water subject to the conservation standard and that a credit
system be established to also recognize investments made in developing non-potable recycled water
supplies (which are not included in Total Water Production). Both of these sources of supply add
resiliency and are key to a more sustainable water future. These suggestions were not integrated into
the draft regulations because while the State, our federal government partners and local governments
have provided much needed capital to make these projects work; they are still sources of supply that
need to be managed judiciously, especially in times of drought.
The staff appreciates the extensive input submitted from individuals, communities and organizations
around the State. In particular, comments that targeted specific concerns and provided specific
solutions were very well received. There has been a wealth of input on actions that are more
appropriately dealt with over the longer term, not necessarily in this rulemaking. These suggestions will
be considered as the Board moves forward in establishing permanent regulations for water usage,
conservation, and reporting under Provision 9 of the Executive Order as well as additional temporary
emergency regulations that may be needed if it does not rain significantly next winter.
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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2015-0032
TO ADOPT AN EMERGENCY REGULATION FOR
STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order
(April 2014 Proclamation) to strengthen the State’s ability to manage water and habitat
effectively in drought conditions, and called on all Californians to redouble their efforts to
conserve water. The April 2014 Proclamation finds that the continuous severe drought
conditions present urgent challenges across the State, including water shortages in
communities and for agricultural production, increased wildfires, degraded habitat for fish
and wildlife, threat of saltwater contamination, and additional water scarcity, if drought
conditions continue into 2015. The April 2014 Proclamation also suspends the
environmental review required by the California Environmental Quality Act to allow the
emergency regulation and other actions to take place as quickly as possible;
2. The April 2014 Proclamation refers to the Governor’s Proclamation No. 1-17-2014,
issued on January 17, 2014, declaring a drought State of Emergency to exist in
California due to severe drought conditions (January 2014 Proclamation). The
January 2014 Proclamation finds that dry conditions and lack of precipitation present
urgent problems to drinking water supplies and cultivation of crops, which put farmers’
long-term investments at risk. The conditions also threaten the survival of animals and
plants that rely on California’s rivers, including many species in danger of extinction.
The January 2014 Proclamation also calls on all Californians to reduce their water usage
by 20 percent;
3. On December 22, 2014, in light of the continued lack of rain, Governor Brown issued
Executive Order B-28-14, which extends the California Environmental Quality Act
suspension through May 31, 2016 for Water Code section 13247 and certain activities
identified in the January 2014 and April 2014 proclamations;
4. On April 1, 2015, Governor Brown issued a new Executive Order that directs the State
Water Board to impose restrictions on urban water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February 2016; require
commercial, industrial, and institutional users to implement water efficiency measures;
prohibit irrigation with potable water of ornamental turf in public street medians; and
prohibit irrigation with potable water outside newly constructed homes and buildings that
is not delivered by drip or microspray systems; along with other directives;
5. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: “prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter’s priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports”;
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6. On July 15, 2014, the State Water Board adopted an emergency regulation to support
water conservation (Resolution No. 2014-0038), and that regulation became effective
July 28, 2014 upon approval by the Office of Administrative Law (OAL);
7. On March 17, 2015, the State Water Board amended and readopted the emergency
regulation to support water conservation (Resolution No. 2015-0013), which became
effective March 27, 2015 upon approval by OAL;
8. The current emergency regulation has supported Californians’ water conservation
efforts, with over 125 billion gallons saved from August 2014 through March 2015;
however, statewide water use is only nine percent less than the same months in 2013.
Achieving a 25 percent reduction in use will require even greater conservation efforts
across the state. In particular, many communities must dramatically reduce their
outdoor water use;
9. In many areas, 50 percent or more of daily water use is for lawns and outdoor
landscaping. Outdoor water use is generally discretionary, and many irrigated
landscapes will survive while receiving a decreased amount of water;
10. Although urban water suppliers have placed restrictions on outdoor watering, the State
Water Board continues to receive reports of excessive outdoor water use;
11. Water conservation is the easiest, most efficient and most cost-effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available later in the season
or next year, reducing the likelihood of even more severe water shortages should the
drought continue;
12. Education and enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
13. Public information and awareness is critical to achieving conservation goals, and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(http://saveourwater.com);
14. Many California communities are facing social and economic hardship due to this
drought. The rest of us can make adjustments to our water use, including landscape
choices that conserve even more water;
15. The California Constitution declares, at article X, section 2, that the water resources of
the state must be put to beneficial use in a manner that is reasonable and not wasteful.
Relevant to the current drought conditions, the California Supreme Court has clarified
that “what may be a reasonable beneficial use, where water is present in excess of all
needs, would not be a reasonable beneficial use in an area of great scarcity and great
need. What is a beneficial use at one time may, because of changed conditions, become
a waste of water at a later time.” (Tulare Dist. v. Lindsay Strathmore Dist. (1935) 3
Cal.2d 489, 567.) In support of water conservation, the legislature has, through Water
Code section 1011, deemed reductions in water use due to conservation as equivalent
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to reasonable beneficial use of that water. Accordingly, this regulation is in furtherance
of article X, section 2 during this drought emergency. This temporary emergency
regulation is not to be used in any future administrative or judicial proceedings as
evidence or finding of waste and unreasonable use of any individual water user or water
supplier subject to this regulation, and are not to affect or otherwise limit any rights to
water conserved under applicable law, including without limitation, water conserved
consistent with Water Code section 1011;
16. Directive two of the Governor’s April 1, 2015 Executive Order directs the State Water
Board to consider the relative per capita usage of each urban water supplier’s service
area and require that areas with high per capita use achieve proportionally greater
reductions than areas with low per capita use;
17. On April 7, 2015, the State Water Board issued a draft framework proposing increasing
levels of required water reduction based upon residential per capita per day use
(R-GPCD) for the proposed regulation, and solicited public comments. The Board
received over 300 comments on the framework, primarily relating to the levels of
required water reduction;
18. On April 18, the State Water Board issued draft regulatory language for public comment
based on the April 7 framework and the comments received. The draft regulatory
language reflected careful consideration of all comments including those directed at the
levels of required reduction. Again, the Board received close to 300 comments;
19. On April 28, 2015, the State Water Board issued a final version of draft regulatory
language for comment, followed on April 29 by a formal public notice that it would
consider the adoption of the emergency regulation at the Board’s regularly-scheduled
May 5 and 6, 2015 public meeting, in accordance with applicable State laws and
regulations. The State Water Board also distributed for public review and comment a
Finding of Emergency that complies with State laws and regulations;
20. As discussed above, the State Water Board is adopting the emergency regulation
because of the continuing emergency drought conditions, the need for prompt action to
prevent the waste and unreasonable use of water and to promote conservation, and the
specific actions called for in the Governor’s April 1, 2015 Executive Order; and
21. Nothing in the regulation or in the enforcement provisions of the regulation precludes a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulation adopted by this resolution, and local agencies retain the
enforcement discretion in enforcing the regulation to the extent authorized. Local
agencies are encouraged to develop their own progressive enforcement practices to
promote conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 866 and
re-adopts sections 863, 864,and 865, as appended to this resolution as an emergency
regulation;
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2. State Water Board staff will submit the regulation to OAL for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or the Executive Director’s designee may make such changes;
4. This regulation shall remain in effect for 270 days after filing with the Secretary of State
unless the State Water Board determines that it is no longer necessary due to changed
conditions, or unless the State Water Board renews the regulation due to continued
drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulation and its effect. These updates shall include
information regarding the progress of the Building Standards Commission, Department
of Housing and Community Development, and other state agencies in the adoption and
implementation of emergency regulations or other requirements that implement
increased outdoor irrigation efficiency for new construction. These regulations and other
requirements will extend existing efficiency standards for new construction to the outdoor
environment and ensure that California’s new homes are constructed to meet the
growing demand with the most efficient standards;
6. The State Water Board directs staff to condition funding upon compliance with the
emergency regulation, to the extent feasible;
7. The State Water Board directs staff to work with DWR and the Save Our Water
campaign to disseminate information regarding the emergency regulation; and
8. The State Water Board directs staff to update the electronic reporting portal to include
data fields for the new reporting required by the emergency regulation.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board shall work with DWR, the Public Utilities Commission, and other
agencies to support urban water suppliers’ actions to implement rates and pricing
structures to incent additional conservation, as required by directive eight in the
Governor’s April 1, 2015 Executive Order. The Fourth District Court of Appeal’s recent
Decision in Capistrano Taxpayer Association Inc. v. City of San Juan Capistrano
(G048969) does not foreclose the use of conservation-oriented rate structures;
10. The State Water Board calls upon water suppliers to:
a. ensure that adequate personnel and financial resources exist to implement
conservation requirements not only for 2015, but also for another year of drought
should it occur. Water suppliers that face budget shortfalls due to reduced sales
should take immediate steps to raise necessary revenues in a way that actively
promotes continued conservation;
b. expedite implementation of new conservation programs by minimizing internal
review periods and utilizing emergency authorities, as appropriate;
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c. consider the relative water use and conservation practices of their customers and
target those with higher water use to achieve proportionally greater reductions
than those with low use;
d. minimize financial impacts to low-income customers;
e. preserve safe indoor water supplies in areas with very low R-GPCD and where
necessary to protect public health and safety;
f. promote low-water use methods of preserving appropriate defensible space in
fire-prone areas, consistent with local fire district requirements;
g. educate customers on the preservation of trees;
h. promote on-site reuse of water; and
i. promptly notify staff of the supplier’s need for an alternate method of compliance
pursuant to resolved paragraph 16.
11. The State Water Board calls upon all businesses within California’s travel and tourism
sectors to inform visitors of California’s dire drought situation and actions visitors should
take to conserve water;
12. The State Water Board commends wholesale water agencies that have set aggressive
conservation targets for their retail water suppliers;
13. The State Water Board commends water suppliers that have made investments to boost
drought-resistant supplies, such as advanced treated recycled water and desalination.
Those investments help to make communities more resilient in the face of drought;
14. The State Water Board commends the many water suppliers that have already
surpassed their 20x2020 conservation targets. Long-term conservation efforts are
critical to maintaining economic and social well-being, especially in light of the impacts of
climate change on California’s hydrology;
15. During this drought emergency, heightened conservation that extends urban resilience is
necessary. The State Water Board’s focus is primarily on immediate reductions in
outdoor water use. Some short-term conservation efforts, such as landscape
conversions and installation of efficient appliances, will also support long-term
conservation objectives, and are encouraged wherever possible;
16. The State Water Board recognizes that some commercial and industrial customers,
while accounting for a significant portion of total use in a service area, have already
taken steps to significantly reduce their water consumption and cannot further reduce
their use without substantial impacts. However, the Board also recognizes that in many
areas there are significant opportunities for reductions in water use by industries and
commercial enterprises that have yet to take action, especially those with large areas of
non-functional turf. The Board directs staff to respond promptly upon receipt of any
request for alternate enforceable methods of compliance. If the supplier believes the
conservation standard is unachievable due to firm commercial and industrial water use
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and residential use reductions that would affect public health and safety, it should
provide any supporting information or documentation for an alternate method of
compliance; and
17. Some water suppliers have called for further refinement of the tiers to reflect a range of
factors that contribute to water use, including but not limited to temperature, lot size, and
income. Others have called for an approach that provides greater recognition for early
investments in conservation, the development of local, drought resistant water supplies,
and health and safety needs. These suggestions and many others are important
considerations in the development of a more comprehensive, and long term,
conservation framework. The State Water Board directs staff to work with stakeholders
on a thoughtful process to devise options for extended and expanded emergency
regulations should the drought continue into 2016.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on May 5, 2015.
AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D’Adamo
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
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ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation.
Sec. 863. Findings of Drought Emergency.
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the California Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a proclamation of a continued state of
emergency under the California Emergency Services Act based on continued drought
conditions;
(3) On April 1, 2015, the Governor issued an Executive Order that, in part,
directs the State Board to impose restrictions on water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February, 2016; require commercial,
industrial, and institutional users to implement water efficiency measures; prohibit
irrigation with potable water of ornamental turf in public street medians; and prohibit
irrigation with potable water outside newly constructed homes and buildings that is not
delivered by drip or microspray systems;
(4) The drought conditions that formed the basis of the Governor’s emergency
proclamations continue to exist;
(5) The present year is critically dry and has been immediately preceded by two or
more consecutive below normal, dry, or critically dry years; and
(6) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to prevent waste and unreasonable use of water and to
further promote conservation.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code;
Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 864. End-User Requirements in Promotion of Water Conservation.
(a) To prevent the waste and unreasonable use of water and to promote water
conservation, each of the following actions is prohibited, except where necessary to
address an immediate health and safety need or to comply with a term or condition in a
permit issued by a state or federal agency:
(1) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except
where the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system;
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(5) The application of potable water to outdoor landscapes during and within
48 hours after measurable rainfall;
(6) The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or
other public places where food or drink are served and/or purchased;
(7) The irrigation with potable water of ornamental turf on public street medians;
and
(8) The irrigation with potable water of landscapes outside of newly constructed
homes and buildings in a manner inconsistent with regulations or other requirements
established by the California Building Standards Commission and the Department of
Housing and Community Development.
(b) To promote water conservation, operators of hotels and motels shall provide
guests with the option of choosing not to have towels and linens laundered daily. The
hotel or motel shall prominently display notice of this option in each guestroom using
clear and easily understood language.
(c) Immediately upon this subdivision taking effect, all commercial, industrial and
institutional properties that use a water supply, any portion of which is from a source
other than a water supplier subject to section 865, shall either:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to
no more than two days per week; or
(2) Reduce potable water usage supplied by sources other than a water supplier by
25 percent for the months of June 2015 through February 2016 as compared to the
amount used from those sources for the same months in 2013.
(d) The taking of any action prohibited in subdivision (a) or the failure to take any
action required in subdivisions (b) or (c), is an infraction, punishable by a fine of up to
five hundred dollars ($500) for each day in which the violation occurs. The fine for the
infraction is in addition to, and does not supersede or limit, any other remedies, civil or
criminal.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617,
Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
1463.
Sec. 865. Mandatory Actions by Water Suppliers.
(a) As used in this section:
(1) “Distributor of a public water supply” has the same meaning as under
section 350 of the Water Code, except it does not refer to such
distributors when they are functioning solely in a wholesale capacity,
but does apply to distributors when they are functioning in a retail
capacity.
(2) “R-GPCD” means residential gallons per capita per day.
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(3) “Total potable water production” means all potable water that enters
into a water supplier’s distribution system, excluding water placed into
storage and not withdrawn for use during the reporting period, or water
exported outsider the supplier’s service area.
(4) “Urban water supplier” means a supplier that meets the definition set
forth in Water Code section 10617, except it does not refer to suppliers
when they are functioning solely in a wholesale capacity, but does
apply to suppliers when they are functioning in a retail capacity.
(b) In furtherance of the promotion of water conservation each urban water
supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains
information that indicates that a leak may exist within the end-user’s exclusive control.
(2) Prepare and submit to the State Water Resources Control Board by the 15th of
each month a monitoring report on forms provided by the Board. The monitoring report
shall include the amount of potable water the urban water supplier produced, including
water provided by a wholesaler, in the preceding calendar month and shall compare that
amount to the amount produced in the same calendar month in 2013. The monitoring
report shall specify the population served by the urban water supplier, the percentage of
water produced that is used for the residential sector, descriptive statistics on water
conservation compliance and enforcement efforts, and the number of days that outdoor
irrigation is allowed, and monthly commercial, industrial and institutional sector use.
The monitoring report shall also estimate the gallons of water per person per day used by
the residential customers it serves.
(c)(1) To prevent the waste and unreasonable use of water and to meet the
requirements of the Governor’s April 1, 2015 Executive Order, each urban water supplier
shall reduce its total potable water production by the percentage identified as its
conservation standard in this subdivision. Each urban water supplier’s conservation
standard considers its service area’s relative per capita water usage.
(2) Each urban water supplier whose source of supply does not include
groundwater or water imported from outside the hydrologic region in which the water
supplier is located, and that has a minimum of four years’ reserved supply available may,
submit to the Executive Director for approval a request that, in lieu of the reduction that
would otherwise be required under paragraphs (3) through (10), the urban water supplier
shall reduce its total potable water production by 4 percent for each month as compared
to the amount used in the same month in 2013. Any such request shall be accompanied
by information showing that the supplier’s sources of supply do not include groundwater
or water imported from outside the hydrologic region and that the supplier has a
minimum of four years’ reserved supply available.
(3) Each urban water supplier whose average July-September 2014 R-GPCD was
less than 65 shall reduce its total potable water production by 8 percent for each month as
compared to the amount used in the same month in 2013.
(4) Each urban water supplier whose average July-September 2014 R-GPCD was
65 or more but less than 80 shall reduce its total potable water production by 12 percent
for each month as compared to the amount used in the same month in 2013.
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(5) Each urban water supplier whose average July-September 2014 R-GPCD was
80 or more but less than 95 shall reduce its total potable water production by 16 percent
for each month as compared to the amount used in the same month in 2013.
(6) Each urban water supplier whose average July-September 2014 R-GPCD was
95 or more but less than 110 shall reduce its total potable water production by 20 percent
for each month as compared to the amount used in the same month in 2013.
(7) Each urban water supplier whose average July-September 2014 R-GPCD was
110 or more but less than 130 shall reduce its total potable water production by
24 percent for each month as compared to the amount used in the same month in 2013.
(8) Each urban water supplier whose average July-September 2014 R-GPCD was
130 or more but less than 170 shall reduce its total potable water production by
28 percent for each month as compared to the amount used in the same month in 2013.
(9) Each urban water supplier whose average July-September 2014 R-GPCD was
170 or more but less than 215 shall reduce its total potable water production by
32 percent for each month as compared to the amount used in the same month in 2013.
(10) Each urban water supplier whose average July-September 2014 R-GPCD
was 215 or more shall reduce its total potable water production by 36 percent for each
month as compared to the amount used in the same month in 2013.
(d)(1) Beginning June 1, 2015, each urban water supplier shall comply with the
conservation standard specified in subdivision (c).
(2) Compliance with the requirements of this subdivision shall be measured
monthly and assessed on a cumulative basis.
(e)(1) Each urban water supplier that provides potable water for commercial
agricultural use meeting the definition of Government Code section 51201, subdivision
(b), may subtract the amount of water provided for commercial agricultural use from its
potable water production total, provided that any urban water supplier that subtracts any
water provided for commercial agricultural use from its total potable water production
shall:
(A) Impose reductions determined locally appropriate by the urban water supplier,
after considering the applicable urban water supplier conservation standard specified in
subdivision (c), for commercial agricultural users meeting the definition of Government
Code section 51201, subdivision (b) served by the supplier;
(B) Report its total potable water production pursuant to subdivision (b)(2) of this
section, the total amount of water supplied for commercial agricultural use, and shall
identify the reduction imposed on its commercial agricultural users and each recipient of
potable water for commercial agricultural use;
(C) Certify that the agricultural uses it serves meet the definition of Government
Code section 51201, subdivision (b); and
(D) Comply with the Agricultural Water Management Plan requirement of
paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water
served by the supplier that is subtracted from its total potable water production.
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(2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this
section that is found to be materially false by the board is a violation of this regulation,
punishable by civil liability of up to five hundred dollars ($500) for each day in which the
violation occurs. Every day that the error goes uncorrected constitutes a separate
violation. Civil liability for the violation is in addition to, and does not supersede or
limit, any other remedies, civil or criminal.
(f)(1) To prevent waste and unreasonable use of water and to promote water
conservation, each distributor of a public water supply that is not an urban water supplier
shall take one or more of the following actions:
(A) Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two days per week; or
(B) Reduce by 25 percent reduction its total potable water production relative to
the amount produced in 2013.
(2) Each distributor of a public water supply that is not an urban water supplier
shall submit a report by December 15, 2015, on a form provided by the Board, that either
confirms compliance with subdivision (f)(1)(A) or identifies total potable water
production, by month, from June through November, 2015, and total potable water
production, by month, for June through November 2013.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617
and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226
Cal.App.4th 1463.
Sec. 866. Additional Conservation Tools.
(a)(1) To prevent the waste and unreasonable use of water and to promote
conservation, when a water supplier does not meet its conservation standard required by
section 865 the Executive Director, or the Executive Director’s designee, may issue
conservation orders requiring additional actions by the supplier to come into compliance
with its conservation standard.
(2) A decision or order issued under this article by the board or an officer or
employee of the board is subject to reconsideration under article 2 (commencing with
section 1122) of chapter 4 of part 1 of division 2 of the California Water Code.
(b) The Executive Director, or his designee, may issue an informational order
requiring water suppliers, or commercial, industrial or institutional properties that receive
any portion of their supply from a source other than a water supplier subject to section
865, to submit additional information relating to water production, water use or water
conservation. The failure to provide the information requested within 30 days or any
additional time extension granted is a violation subject to civil liability of up to
$500 per day for each day the violation continues pursuant to Water Code section 1846.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275,
350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.App.4th 1463.
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2015 Emergency Water Conservation Regulation
Frequently Asked Questions
On March 17, the State Water Resources Control Board (State Water Board or Board) adopted an
expanded emergency conservation regulation to safeguard the state’s remaining water supplies
as California enters a fourth consecutive dry year. While there are many ways to boost local water
supplies, conservation is the easiest, most efficient, and most cost effective way to quickly reduce
water demand and extend supplies into the next year, providing flexibility for all California
communities. With our inability to predict the remainder of this rainy season or the next, water
saved today can improve a region’s water security and add flexibility to systems that may need to
withstand another year or more of warm temperatures and low precipitation.
The enhanced emergency conservation regulation targets both individual water use, by identifying
the practices from which every Californian should abstain during this drought emergency, as well
as the steps that local water suppliers should be taking to reduce water demand in their service
areas. These updated restrictions set a minimum level of effort in this continuing drought
emergency. Everyone should take additional steps to conserve water. As the drought wears on,
the State Water Board will closely watch local implementation of the regulation, and will take
further action as needed.
1. What types of water use are prohibited for all Californians?
The 2015 emergency conservation regulation prohibits:
Using potable water to wash sidewalks and driveways;
Allowing runoff when irrigating with potable water;
Using hoses with no shutoff nozzles to wash cars;
Using potable water in decorative water features that do not recirculate the water; and
New Irrigating outdoors during and within 48 hours following measureable rainfall
2. Are businesses required to conserve water as well?
Yes, the prohibitions above apply to businesses and residents. In addition, the 2015
emergency regulation also focuses on the restaurant and hospitality sector:
New Restaurants are prohibited from serving water to their customers unless the
customer requests it; and
New Hotels and motels must offer their guests the option to not have their linens and
towels laundered daily, and prominently display this option in each guest room.
249
Restaurants are also encouraged to use table cards to help convey the conservation
message. Table card templates are available for download at the Save Our Water website
at: http://saveourwater.com/for-water-agencies/toolkit/. Local water suppliers may also be
able to provide similar materials.
3. Do water suppliers have to implement conservation measures?
Yes, there are requirements for both large urban water suppliers serving more than 3,000
customers, as well as small water suppliers serving fewer than 3,000 customers.
Large urban water suppliers (serving >3000 connections) must:
Impose restrictions on outdoor irrigation;
Notify customers about leaks that are within the customer's control;
Report on water use monthly; and
Report on compliance and enforcement
Small water suppliers (serving <3000 connections) must:
Limit outdoor irrigation to two days per week or comparable measures to achieve a 20
percent reduction in water use.
4. Are there limitations on outdoor watering?
Yes, the regulations limit the number of days per week that outdoor irrigation is allowed. Urban
water suppliers with water shortage contingency plans can rely on limitations in their plans if
they exist. Plans with no limitations must restrict outdoor watering to two days per week.
5. Can water shortage contingency plans be amended to impose day-per-week restrictions
in lieu of implementing the two-day-per-week backstop?
Yes, the regulations allow for the local amendment of the plans.
6. Is everyone required to limit outdoor watering to two days per week?
No, the regulations rely on the days-per-week limitations contained on local water shortage
contingency plans. If these plans do not contain limitations, then a two-day-per-week restriction
must be implemented. Smaller water suppliers that are not required to have water shortage
contingency plans have the option of implementing the two-day-per-week restriction or
comparable conservation measures designed to achieve a 20 percent reduction in water use.
7. How do I report water waste?
Water waste should be reported to the water supplier for the service area. The State Water
Board's conservation website contains a simple tool to find the contact information for the water
supplier based on the location of the alleged wasteful activity. The tool is located at:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/water_supplier.sht
ml.
250
8. Who can enforce the prohibitions?
Violations of prohibited activities are considered infractions and are punishable by fines of up to
$500 for each day in which the violation occurs. Any peace officer or employee of a public
agency charged with enforcing laws and authorized to do so by ordinance may issue a citation
to the violator. The State Water Board can issue cease and desist orders against water
agencies that don’t impose mandatory outdoor irrigation restrictions upon their retail customers.
Water suppliers that violate cease and desist orders are subject to civil liability of up to $10,000
a day.
9. Who makes sure that the water suppliers are doing their part?
The State Water Board has been tracking the implementation of conservation measures by
large urban water suppliers. Information on their progress along with the status of their
enforcement efforts is available on the website at:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/conservation_report
ing_info.shtml. With more than 2,500 smaller water agencies not subject to reporting
requirements, compliance checking is more challenging but is a priority for 2015.
10. Where can I find the monthly reports and conservation results submitted by the urban
water suppliers?
The reports can be found on the State Water Board’s website at:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/conservation_report
ing_info.shtml. Information on the regulation can be found at:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/emergency_regulati
ons_waterconservation.shtml.
11. When does the regulation go into effect?
The regulation goes into effect immediately upon approval by the Office of Administrative Law
and filing with the Secretary of State. The effective date of the regulation is March 27, 2015.
12. How long is the regulation in effect for?
The regulation will be in effect for 270 days unless extended by the State Water Board.
For more information, visit the Emergency Water Conservation Portal.
Please visit SaveOurWater.com today!
251
SAN JOSE WATER COMP ANY (U168W)
Sa n Jose, California
Orig inal
Revised
Cal. P.U.C. Sheet No.1668 -W
Ca nce ling Cal. P .U .C . Sheet No. __ _
SCHEDULE No. 14.1
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
APPLICABILITY
This schedule is applicable to water c ustomers served under all po table tariff rate
schedules auth orized by th e Commission fo r th e utility. It is effective in times of
m andatory water conservation after Commission approval and only fo r the period
noted in the Special Cond ition Section below:
TERRITORY
Portions of Cup ertino, Sa n Jose, and Sa nta Cla ra, and in Campbell, Lo s Gatos,
Monte Sereno , and Saratoga and in contig uo us te rritory in th e County of San ta Clara.
STAGED REDUCTION OF WATER USAGE AND MANDATORY RESTRICTIONS
STAGE 1-CONSERVATION -NON-ESSENTIAL OR UNAUTHORIZED USES
Stage 1 is a call for vo luntary conserva tion . Th is stage will be called by SJWC wh en
customers are asked to meet conservation targets. Outdoor irrigation limits may be
declared specifying the nu mber of days pe r week irrigation will be allowed.
The fo llowing non-esse ntial or unauthorized uses of water a re d eclared to be a
wasteful uses o f water and are subject to the terms and conditions of Ru le No. 11 :
1. Limits on Watering : Watering or irrigating of outsid e plants, lawn, landscape, and turf
areas with potable water using a landscape irr iga ti on sys tem or a watering device th a t
is not continuously attended is limited to no more than 15 minutes of watering per day
per sta ti on, w ith no wa tering between 10:00 a .m . and 8:00p.m. Th is provi si on does
not apply to landscape irrigation zones that exclu sive ly use drip-type irrigation sys tems.
T his provision also does not apply to low precipitation sprinkler systems that apply water
at or less th a n 1.0 inch pe r hour. This provision also does not apply to watering or i rrig ating
by use o f a hand-held bucket or simi lar containe r , a hand-held h ose eq uipped with a
po sitive action shut -off nozz le or device that causes it to cease dispensin g water
immediately w h en not in use, or fo r the express purpose of adj usti ng or repairing a n
irrigatio n system. Howeve r no irrigation can occur rega rdless of method that results in runoff .
2. Use of potable water for watering outside plan ts, lawn, landscape, and turf a reas d uri ng
and up to 48 ho urs afte r measu rab le rainfall.
3. Obligati on to Fix Leaks, Breaks or Malfuncti ons: Us e of water through any broken or
d efective plumbing fixture, sprinkler, waterin g or irrigation system on the c us tomer's
premises when the utility ha s noti fied the customer in writing to repair the broken or
defecti ve plumbing fixture, sp rin kler, watering or irri ga ti on sys tem, and th e c ustomer
ha s failed to make such repairs w ithin 5 business days after receipt of such notice.
4. Limits on Washing Vehicles : Use of potable water throug h a h an d-held hose for wash in g
cars, buses, boats, trailers, a ircraft or other veh icles without a posi ti ve shu t-off nozzle or
(N)
device th at causes it to cease dispensin g water immedia tel y when not in u se. (N)
(To be inserted by utility)
Advice No . _4!..!.7..::::3 ______ _
Dec. No . _________ _
(Con tinued)
Issued by
PALLE J ENSE N
S r . Vice President.
Regulatory Affai rs
TI TLE
(To be inserted by Cal. P .U .C .)
Date Fil ed ________ _
Effective _________ _
Resolution No . _______ _
252
SAN JOSE WATER COMPANY (U168W)
San Jose, California Canceling
Original
Revised
Cal. P.U.C . Sheet No. 1669-W
Cal. P.U.C. Sheet No . __ _
SCHEDULE No. 14.1 (N)
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued}
STAGE 1 CONSERVATION NON-ESSENTIAL OR UNAUTHORIZED WATER USES {Continued)
5. Operation of commercial car washes that do not recyc le the potable water used as
required by the California Water Code Sections 10950-10953.
6. The serving of water, other than upon request, in eating and drinking establishments,
including but not limited to restaurants, hotels, cafes, bars, or other public places where
food or drink are served and/or purchased.
7. Operators of hotels and motels are to provide guests with the option of choosing not to have
towels and linens laundered daily and/or to require hotels and motels to prominently display
a notice of this option in each guest bathroom using clear and easily understood language.
8. No Excessive Water Flow or Runoff: The use of potable water for washing buildings,
structures, sidewalks, walkways, driveways, patios, tennis courts, or other hard-surfaced,
non -porous areas in a manner that results in run -o ff or a waste of water.
9. The use of potable water in a fountain or other decorative water device that does not
have a fully automatic recirculation system, or the filling or topping off of decorative lakes
or ponds, except where the water is part of a recirculating system.
10. Other restrictions on use of potable water as prescribed from time to time by the
Commission, SJWC, or another governing body or agency.
STAGED REDUCTIONS OF WATER USAGE AND MANDATORY RESTRICTIONS
If a water supply s hortage exists or is threatening, or if SJWC is unable to meet
conservation targ ets as set by a wholesale provider or governing body or agency, in
addition to th e restrictions on wasteful water use practices outlined above the following
restrictions may be imposed by the utility in stages, as indi cated below. Failure to comply
with these mandatory restrictions will be deemed a wasteful and unreasonable use of
water a nd may result in th e installation of a flow restrictor, discontinuance of service, or
other action s as authorized by the utility's Rule 11.
STAGE 2 -WATER REDUCTION NEEDED
Stage 2 -Water Reduction Needed occurs when th e Commission or SJWC determines
that further measures are needed to reduce water consumption. In addi tion to the
unauthorized uses of water li sted in Section B, the following res triction s may be imposed:
1. Limit s on Watering Days: Watering or irrigating of lawn s, land scape or other vegetated
areas with potabl e water is limited to no more than three days per week, depending on the
severity of th e shortage. If three days per week irr ig a tion is called for then irrigation will be
allowed Monday, Wednesday, an d Friday for odd numbered and number less add re sses
and will be allowed on Tuesday, Thursday and Saturday for even numbered addresses.
2. Use of potable water for watering stree ts with trucks or other vehicles, except for initial
wash-down for construction purpo ses (if street sweeping is not feasible), or to protect
th e health and safety of th e public or if recycled water is reasonably avai lable as
determined by a government agency. (N)
(To be inserted by utility)
Advice No. _4'-'-7"""'3 ______ _
Dec. No. _________ _
(Continued)
Issued by
PALLE JENSEN
Sr. Vice President,
Regulatory Affairs
TITLE
(To be inserted by Cal. P.U .C .)
Date Filed ________ _
Effective _________ _
Reso luti on No. _______ _
253
-=0-'-'ri=gi"-"na=l'----Cal. P.U .C. Shee t No . 1670-W SAN J OSE WAT ER COMPANY (U168W)
San Jose, Cal iforn ia Ca nceling Revised Cal. P .U .C. Sheet No. __ _
SCHEDULE No . 14.1 (N)
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTION S AND DROUGHT SURC HA RGES
(Continued)
STAGE 2 -WATER REDUCTION NEEDED (Continued):
3. Use of potable water for construction purposes, including wash ing s treets, back fill , and dust
control, if other actions to accomplish the same pu rp oses w ithout water are feasible and/or
pe rmitt ed o r if recycled water is reason ab ly available as determined by a govern men t agency .
4. The fa ilu re to repair any leak, break, or other ma lfunction in a customer's domes ti c or
ou tdoor wa ter sys tem within 72 hou rs of noti fication by the utilit y, unless oth er, specific
arrangements a re made w ith and ag reed to by th e utili ty.
5. Other res trictions on use of potable water as prescribed by the Commission, SJWC, or
another gove rnin g body or agency.
STAGE 3-CRITICAL WATER REDUCTION
Stage 3 Water Shortage occu rs when the Stage 2 limitations are deemed insufficient to
achieve identified wa te r usage goal s estab lis hed by au tho rized govern ment enti ties. The
following restrictions w il l be enacted:
1. Li m its on Watering Days: 1. Limits on Watering Days: Waterin g or irrigating of lawns,
lan dscape or o ther vege tated Area w ith potab le water is limited to two days per week.
Irrigation w ill be allowed on Monday and Thursday for odd numbered and numberless
addresses and will be allowed on Tuesday and Friday for even numbered addresses.
2. The use of potable water to refill residentia l swimming pools or outdoor spas more than one
foot or ini tial fill ing with potable water except when existing pools are dra ined to repair leak s.
3. Limits on Fil ling Ornamental Lakes or Po nds: prohib itio n of the use o f potab le wa ter for
filling or re-filling de co ra tive fountains, o rnamental lakes or pond s except to the extent
needed to sustain aqua tic life , provided that such animals are of sign ificant va l ue and have
been actively ma naged w ithi n the water feature pri o r to declaration of a supply shortage
level under Ru le 14 .1
4. Use of potable water fo r washing of vehicles, except at a commercial car washing facil it y
th at utilizes a re-circu lating wa ter sys tem to cap tu re or reuse wa ter . Use of potab le water
for was h ing co mmercial aircraft, cars , buses, boa ts, tra il ers, or other commercial vehicles
at any ti me , excep t at commercial or fleet veh icle or boat washing facilities ope ra ted a t a
fixed location where eq uipm en t using water is reci rc u lated to avoid w as tefu l use.
5. Other restrictions on use of potable water as prescribed by the Commission, SJWC, or
ano ther governing body o r agency.
STAG E 4 -EME RGE NC Y WATER R EDU CTI O N
Stage 4 (Emergency Water Reduction) occurs when the Stage 3 li mitations are de emed
in s ufficient to ach ieve identified water usage goals established by authorized government
entities. The foll owing restrictions, in add ition to those provided for in the preced ing stages,
will be enacted: ( )
(To be inserted by utility)
Adv ice No. _4:.:..7-=3 ______ _
Dec. No. _________ _
(Con tinued)
Issued by
PA L LE JE NSEN
Sr. Vice President,
Regulatory Affai rs
TITLE
(To be in serted by Cal. P.U.C .)
Date Filed ________ _
Effec tive ----------
Resolution No. _______ _
254
SAN JOSE WATER COMPANY (U168W)
San J ose, California
.:::O.!.!.riq"'-'-i'--"na"-!.1 __ Cal. P.U.C. S he et No. 1671-W
Canceling Revised Cal. P.U.C. Sheet No . __ _
SCHEDULE No. 14.1
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued)
STAGE 4 -EMERGENCY WATER REDUCTION (continued)
1. No Watering or Irrig ating: Watering or irrigation of lawn, landscape or other vegetated a re a with
potable water is prohib ited. This restriction does not apply to the following categories of use:
i. Maintenance of vegetation, including trees and sh rubs, that are watered using a hand-held
bucket or similar container, hand-held hose equipped with a positive action shut -off nozz le
or device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control ;
iv. Maintenance of plant materials identified to be rare or essential to the well-being of a
protected species;
v. Maintena nce of la ndscape within active public parks and playing fields, day care
centers, gol f course greens, fringes and tee boxes, and school grounds, p rovided
that such irrigation does not exceed 2 days per week.
2 . The failure to repa ir any leak, break, or other malfunction in a customer 's domestic or
outdoor water system within 48 hours of notification by the utilit y, unless other, specific
arrangements are m ade w ith and agreed to by the utility.
3. Other r estrictions on use of potable water as prescribed by the Commission, SJWC, or
another governing body or agency.
WATER SHORTAGE CONTIN GENCY PLAN WITH STAGED MANDATORY REDUCTIONS
AND DROUGHT SURCHARGES-SCHED ULE NO. 14.1
1. Upon the declaration of a water shortage emergency by a water who le saler, government
agency or the governing body of a distributor of a public water supply (per Water Code Section
350 ), SJWC may request addition of a Schedule No. 14.1 -Water Shortage Contingency
Plan With Staged Mandatory Reductions and Drought Surcharges tariff, v ia a Tier 2 advice
letter, with full justification. The utility may not activ ate Schedule No . 14.1 until it has been
a uthorized to do so by th e Commission, as delegated to the Division of Water & Audits.
(N)
a. A staged Schedule No . 14.1 that has been authorized by th e Commission shall remain
dormant until trigg ered by specific conditions detailed in the Schedule No. 14.1 tariff and
SJWC has r eq uested and rece ived authorization for activa ting a stage by the Commission .
b. Notice of the Tier 2 advice letter and associated public participation hearing if required
shall be provided to customers through a bill insert or a direct mailing .
c. T he Utility shall co mply w ith all requirements of Sections 350-358 of the California
Water Code. (N)
(To be inserted by utility)
Advic e No. _4!...!.7-"'3 ______ _
Dec. No. __________ _
(Continued)
Issued by
PALLE J ENSEN
Sr. Vice Presid ent,
Regulatory Affairs
T ITLE
(To b e inserted by Cal. P.U .C.)
Date Fi led ________ _
Effect ive ----------
Reso luti on No. _______ _
255
Orig ina l Cal. P.U.C. Sheet No. 1672-W SAN JOSE WATER COMPANY (U168W)
San Jos e, Ca lifornia Cance ling Revised Ca l. P.U.C. Sheet No. __ _
SCHEDULE No . 14.1 (N)
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued)
STAGED MANDATORY WATER REDUCTIONS -SCHEDULE NO . 14.1 (Continued)
d. Th e Tier 2 advice letter requesting th e addition of a Schedule No. 14.1 sha ll include
but not be limited to :
i. Th e proposed Schedule No. 14.1 tariff, which sh all in clude but not be lim ited to :
1. App licability;
2. Appli cable T erritory;
3. A detailed description of each Stag e of Mandatory Wa ter Reductions;
4 . A detailed description of th e Trigg er that Activates each Stag e of
Mandatory Water Redu c ti ons;
5. A detailed description of each water use re striction, prohibition a nd/or
reduction level for eac h Stage of Man datory Water Reduction
6. Water use violation le vels, writte n warning leve ls, applicable rate
schedu les and drought su rcharges, associated penalties, surcharges or
fees , if applicable, and exce ption procedures
7. Conditions for in stallatio n of a fl ow res tri ctor,
8. Ch arges for removal o f flow restric tors, and
9. Special Conditions
ii. Justifica tio n for, and documentation and ca lculations in support of the
Schedule, in cluding but not limited to each item in B.1.d.i above.
2. Num ber o f Stage s requested by each utility/distric t/wat er system may vary, depen ding
o n local co nditions and specifics of the water shortage event.
3. SJWC may enact a parti cul a r s tage of Schedu le 14.1 :
a. If th e Commission , who lesale water supplier, or other government agency declares an
emergency requiring mandatory wa ter use res t rictions, or
b. If a gove rnm ent agency decla res a s tate of e merg ency in response to severe drough t
con ditions, eart hq uake or other catastrophic eve nt that severely reduces th e utility's
water s upp ly, or
c. If th e im plementation of mandatory restriction leve ls se t by the Commission, util ity,
wholesale water supp lie r , or government agency are insufficien t , or
d . If the utility is unable to ad dres s co nse rv ati on levels se t by it sel f or govern in g body or
agency, or
e . If the uti lity chooses to subsequen tl y activate a different stage.
4. When e na cting a pa rti cul ar stage of Schedul e 14.1, SJWC sha ll fil e a Tier 2 advice le tt er
to request activa ti on .
5. The Tier 2 advice lett er reques tin g act ivation of a Sc hed ul e No. 14.1 shal l include but not
b e limited to:
a . Justificatio n for acti va ting this particular stage of reductions, as wel l as th e peri od during
whic h thi s partic ul ar stage of ma ndatory restrictions and redu ctions mea sures will be in eff ect.
b. Notification to its customers as detailed below. (N)
(To be in serted by uti lity)
Advice No . _4:....:.7..:::3 ______ _
Dec . No . _________________ _
(C ontinued)
Issued by
PALLE JEN SE N
Sr. Vice Presi dent,
Re gu latory Affairs
TITLE
(To be in serted by Ca l. P.U.C .)
Date Fil ed _________ _
Effe c ti ve ----------
Re soluti o n No. _______ _
256
Original Cal. P.U .C . Sheet No. 1673-W SAN JOSE WATER COMPANY (U168W)
San Jose, California Canceling Revised Cal. P.U.C. Sheet No. __ _
SCHEDULE No. 14.1 (N)
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued)
·ENFORCEMENT OF STAGED MANDATORY WATER REDUCTIONS
1. The staged reduction of water usage and mandatory restriction s in Section C of this Plan become
enforceable through additional tariff rates when the Schedule No. 14.1-Water Shortage Contingency
Plan with Staged Mandatory Reductions and Drought Surcharges program is implemented.
2. The utility may , after one written warning, install a flow-restricting device on the service line of any
customer observed by utility personnel to be using water for any non -esse ntial or unauthorized
use as defined in above.
3. A flow restrictor shall be capable of providing the premise with a minimum of 5 gallons per minute.
The restricting device may be removed only by the utility, only after a three-day period has elapsed,
and only upon payment of the appropriate removal charge as set forth in Schedule No. 14.1.
4. After the removal of the restrict ing device, if any non-essential or unauthorized use of water
continues, the utility may install another flow-restricting device without written notice . This device
shall remain in place until water supp ly conditions warrant its removal and until the appropriate
charge for removal has been paid to the utility.
5. Any tampering with flow re stricting device by customer can result in discontinuation of water use.
6. If, despite installation of such flow-restricting device pursuant to the provisions of the pre vious
enforcement conditions, any such non -essential or unauthorized use of water continues, then
the utility may discontinue water service to such customer. In such latter event, a charge as
provided in Rule No. 11 shall be paid to th e utility as a condition to res torati on of service .
APPEAL PROCEDURE
1. Any customer who seeks a va ri ance from any of th e prov is ion s of this water shortage conti ngency
plan sha ll notify the utility in writing, explaining in detail the re ason for such a variation. The util ity
shall respond to each such request in writing.
2. Any customer not sa ti sfied with the utility's re sponse may file an appeal with the Director of the
Division of Water & Audits.
3. If the customer disagrees with such disposition, the customer sha ll have the right to file a formal
complaint with th e Commission . Except as se t forth in this Section , no pe rs on sha ll have any ri ght
or c laim in law or in equ ity , aga in st th e utility because of, or as a result of, any matter or thing
done or threatened to be done pursuant to the provisions of th e Water Shortage Contingen cy Plan.
NOTICE
1. When SJWC requests th e addition of a Schedu le 14.1 -Water Shortage Contingency Plan wi th
Stag e Mandatory Reductions and Drough t Surcharges tariff, via a T ier 2 advice letter, it shall
provide cus tomer notice of the Tier 2 advice letter and associated public hearing , if neces sary.
Notice will be provided to customers through bill i nserts or direct mailing, and through a posting in
the local newspaper of c ircu lation . The public meeting shall be held after th e utility files the Tier 2
advice letter, and before the Commission authorizes th e addi tion of Schedule 14.1 to the tariff
except in cases of emergency water shortages approved by the Division of Water & Audits. (N)
(To be inserted by utility)
Advice No . _4'-'-7-""3 ______ _
Dec. No. _________ _
(Continued)
Issued by
PALLE JENSEN
Sr. Vice President,
Regulatory Affairs
TITLE
(To be inserted by Cal. P.U.C.)
Date Fil ed ________ _
Effective _________ _
Resolution No. _______ _
257
(Continued)
SAN JOSE WATER COMPANY (U168W)
San Jose, Ca lifornia
Original Cal. P .U.C . Sheet No. 1674-W
Cance lin g
Revised
Cal. P.U.C. Sheet No. __ _
SCHEDULE No. 14.1
WATER SHORTAGE CONT INGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued)
NOTICE (Continued)
a. SJWC shall consult with the Division of Water and Audits staff prior to fil ing the
advice letter, in order to determin e the details of th e public meeting.
2. If activation of Schedule No. 14.1 occurs one year or mo re since th e publi c hearing associated
with add in g Schedule No. 14 .1 to its tariffs, then t he utility shall conduct a pub lic hearing
pursuant to California Water Code Section 351 prior to activating the rationing stage.
3. During the period that a stage of Schedule No. 14 .1 is acti va ted, SJWC shall provide customers
w ith upd ates regarding its wa ter supply status and the resul ts of cus tomers' conservation and
water use redu ction efforts.
4. During the period that a stage of Schedule No. 14.1 is activated , SJWC shall provide
customers with updates regarding its wa ter supply status and the results of customers'
conservatio n and water use re duction efforts.
DROUGHT ALLOCATIONS AND DROUGHT SURCHARGES
Residential
The Drought A llocation for residential customers served under all potable tariff rate schedules is
b ased on average residentia l customer usage in the Base Year 2013 for each mon th, less the
percentage of conservation be in g requ ired. In this instan ce, the requ ired percentage reduction
is 30%, so the Drought Alloca ti on is 70% of the year 2013 Average Mo nthly Residential Usage
for th e month. All ocations falling between fu ll hundreds of cubic feet (ccf) will be roun ded up to
the next full one hundred cub ic feet.
Re s ident ial Allocat ion Plan
2013
20 13 Average Monthly Mon thly Drought
Base Year Resid e ntial Us age Allocation
(ccf) (ccf)
Jan* 10 9
Feb* 9 9
Ma r* 9 9
Apr* 11 9
May 14 10
Jun 16 11
Jul 19 13
Au g 19 13
Sep 19 13
Oct 17 12
Nov 17 12
Dec 14 10
*Minimum Month ly Drought Allocation bas ed on minimum average usage for a residen tial household
(Continued)
(N)
(To be in serted by utility) Issu ed by (To be inserted by Cal. P.U.C .)
Advice No . _4:..:..7=3 ______ _
Dec . No . __________________ _
PALLE JENSEN
Sr. V ice Pre sid ent,
Regulatory Affairs
TIT LE
Date Filed ------------
Effective -------------------
Resoluti o n No . ______________ _
258
SAN J OSE WATER C OMPA NY (U1 68W)
San Jose, Ca lifornia
Orig inal
Revised
Cal. P.U .C. Shee t No.1675-W
Canceling Cal. P.U .C. S heet No. __ _
SCHEDULE No. 14.1
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES
(Continued)
DROUGHT ALLOCATIONS AND DROUGHT SURCHARGES (continued)
L andscape Services
The Drought Allocation fo r each land sca pe c usto me r served under all pota ble ta riff ra te
sched ul es is ba sed u pon th e in d ivi d ual landscape cus tomer's monthly usage during th e
Base Y ear 201 3. T he Monthly D rought A ll ocation is th e n calcula ted as 100% of m on thl y
usage during Base Yea r 2 01 3 m inus the re duc tio n percen ta ge r e qu ired . I n thi s in s tance,
a 30% req uir ed re d ucti on percen tage res ults in a 70% a ll ocation . Allo ca tions falling between
fu ll on e hu nd re d s of cubic feet w ill be rounded u p to the next full hu ndred cubic feet.
DROUGHT ALLOCATION ADJUSTMENTS
1. An y c us to m er who seeks a variance from any of the p rovisions of this wa ter shortage
contingency p lan s hall noti fy th e utility in w ri tin g, exp laini ng in d etail t he reason for suc h a
variation. T he util ity shall respon d to each suc h re qu est in wri tin g .
2. A ny custom e r no t satisfied with th e utility 's res ponse m ay file a n a pp eal wi th the Di recto r o f
the Divi s ion o f Wate r & A udits .
3. If th e c u sto m er di sag rees w ith s uc h di spos it io n , th e c ustom e r s hall ha ve the ri gh t to fil e a fo rm al
co m pla i nt w ith th e C om m ission. Except as se t forth in this Sec tion, no person shall ha ve e:my
right o r c laim in law or in equity, again s t the uti lit y because of, or as a result of , any matter or thing
done or threate ned to be done pursuant to th e provisions of the Water Shortage Contingency Plan .
DROUGHT SURCHARGE
Excess water u sage asso ciated with exceeding the Monthly Dro ught A ll ocation w ill res ul t in a
Dro ugh t Surcharge. T he Drought Surcha rge w ill be assessed in addition to all other base cha rges
allowed under th e appli cable tariffs au thorized by the CP UC. T he Droug ht S urcha rge w ill be applied
to th e customer 's bill based on the am ou nt of usage that exceeds th e Drought Allocation as fo ll ows:
For Resi d e ntial Customers:
Excess u sage over monthly Droug h t A ll ocation
up to 20 13 Average Monthl y Usage $3 .5634 p er ccf
Excess usa g e over 2013 Aver age M on thl y $7.1268 per ccf
For La ndscape C usto m ers:
Excess usage over monthly Drought Allocation
up to 2013 Average Monthly Usage $3.5634 per ccf
Excess usage over 2013 Average Monthl y
Residential Usage
(Contin ued)
$7.1268 per ccf
(N)
(N)
(To be in serted by utility) Issued by (To be insert ed by Cal. P.U .C.)
Advic e N o . _4'--'7"""'3 ______ _
Dec. No . _________ _
PALLE JENSEN
Sr. V ice President,
Reg ul atory Affairs
T ITLE
Date Fi led ---------
Effecti ve _________ _
Resolu ti on No. _______ _
259
SAN JOSE WATER COMPANY (U 168W)
San Jose, Californi a Canceling
O rigi nal
Revised
Cal. P .U.C. Shee t No.1676 -W
Ca l. P.U.C. Shee t No. __ _
SCHEDULE No. 14.1 (N)
WATER SHORTAGE CONTINGENCY PLAN
WITH STAGED MANDATORY REDUCTIO NS A ND DROU GHT SUR C HARG ES
(C o ntinued)
FLOW RESTRICTOR RE MOVAL FEE
The cha rge for remo val of a flow-restri cting device is:
Me ter Size Removal Fee
5/8" to 1" $45
1-1/2 to2" $90
3" and Larger Actua l Cos t
SPECIAL CONDITIONS
1. For the purpose of charging Drought Su rcharges the effective date is June 15, 2015.
2. Schedule 14.1 is effective unti l term inated by an adv ice letter fili ng to the Commiss ion,
on five days' notice, when the util ity determines that mandatory restric ti ons are no
longer necessary.
3. Sched ul e 14 .1 s hall no t app ly to th ose cove red under the med ical exe m ption
provided for under Rule No. 11.B.1.e(1 ).
4. Drought Surcharges will be separately iden tified on each bill.
5. All bi ll s are subject to the re imbursement fee set forth on Schedule No. UF.
6. All monies coll ected by the utility through surcharges or fees shall be booked to SJWC's
ex isting Mandatory Co n servation Memorandum Account (MCRAMA) or a simi lar
me morandum account to offse t lost revenues.
7. All expenses incu r red by the utility to implement Rul e 14.1 and Schedule 14.1 th at have
no t been considered in a General Ra te Case or other proceed ing shall be recoverable by
the utility if determined to be reasonable by Commission. These additiona l mon ies shall be
accumulated by the util ity in a sepa rate memorandum accou nt, for disposition as directed or
authorized from ti me to time by the Commission.
8 . Other restrictions on use o f potable wate r as prescribed in Ru le No. 14.1 and from time to
time by t he SWRCB , the CPUC, SJWC, or other governing body or agency. (N)
(To be inserted by utility)
Adv ice No . ....:..4,_,_7~3 ______ _
Dec. No. _________ _
(Conti nued)
Issued by
PALLE JENSE N
Sr. Vice P res id ent,
Regulatory Affairs
T ITLE
(T o be ins erted by Cal. P.U.C.)
Date Fi led ________ _
Effective ----------
Resolution No. _______ _
260
SAN JOSE WATER COMPANY (U168W)
San Jose, California
Revised
Cancelinq Revised
Cal. P.U.C. Sheet No. 1677-W
Cal. P.U .C. Sheet No . 1651 -W
TABLE OF CONTENTS
The following listed ta ri ff sheets contain all effective rates, rul es and regulations affecting the rates and
service of the Utility, together with information relating thereto:
Subject Matter of S heet
C .P .U .C.
Sh eet No.
Title
Table of Contents
1495-W
1677-W, 1476-W, 848-W and 1597-W
Prelim inary Statement 9 19-W, 13 0 3-W, 1581-W, 1582-W, 1452-W, 1420-W,
Service Area Map Locator
Service Area Map Locator, Index
1423-W, 1427-W, 1469-W, 1492-W, 1508-W and 1542-W
1266-W
1589-W
Map of A reas With Specia l Pressure and Fire Flow Conditions
Index to Map of Areas W ith
Special Pressure and Fire Flow Conditions
Rate Sched u les:
1590-W
1079-W, 1591-W
1082-W, 1087-W and 1404-W
Schedule No. 1, General Metere d Service 1638-W, 1599-W and 1652-W
Schedule No . 1 B. General Mete red Service
With Automatic Fire Sprinkler System 1639-W, 1574-W, 1614-W and 1653-W
Schedule No. 1 C, General Mete red Service
Mountain District 1640-W, 1617-W, 1618-W, 1633-W, and 1654-W
Schedu le No. 4, Private Fire Service
Schedu le No . 9C, Construction and Other
Temporary M etered Service
Schedule No. 1 OR, Service to Employees
Sched ul e No. 14 .1 Water Shortage Contingency Pl an W it h
Staged Ma nd atory Red uctions An d Drought S urcharges
Schedule No. RW, Raw Water Metered Service
Schedule No. RCW, Recycled Water M etered Service
Sche du le No. UF, S urcharg e to F und Public
Utilities Commission, Reimbursement Fee
Schedu le No . WRAP, Water Rate Assistance Program
List of Contracts and Deviations
Rul es:
No. 1 -Def initions
No. 2 -Description of Service
No. 3 -Application fo r Service
No . 4 -Contracts
No. 5 -Spec ial I nformation Required on Forms
No. 6-Establishm en t a nd Re -establi shment o f Credit
No. 7 -Deposits
No . 8 -Notices
No. 9 -Rendering an d Payment of Bill s
(Continued)
1620-W and 1621-W
111 8-W and 1 0 94-W
152-W
1668-W thru 1676-W
164 1-W , 1623-W and 1655-W
1 049-W and 1 050-W
1297-W
1648-W and 1211-W
1636-W
764 -W a nd 976-W
525-W
35 1-W and 903-W
352-W
821-W thru 823-W
35 4-W
355-W and 356-W
1 054-W and 825-W
996-W, 997-W and 1146-W
(T)
(N)
(To be inserted by utility) Issued by (T o be inserted by Ca l. P.U.C.)
Advice No . _4'-'-7""'3 ______ _
Dec. No. ________________ __
PALL E J EN SEN
Sr. V ice Pres iden t,
Regu latory Affairs
TITLE
Date F iled ______________ _
Effective _______________ _
Re so lu tion No. __________ _
261
CALI FO RNIA WATER SERVICE COMPA NY
1720 No rth First Street. San Jos e. CA 95 11 2
(408 ) 367-8200
New Ca l. P.U .C. Sheet No. ------
Cmrceling C al. I'.U.C. Shoot No.
Sc hedul e No . 14 .1
WATER S HORTAG E C ONTINGENCY PLAN
WITH STAGED MANDATORY R EDUCTIONS AN D DROUGHT SURCHARGES
Page I
A. A PPLI CABILITY
1. Th is schedu le applies to all of Ca lifo rni a Wa te r Se rvi ce 's regu lated rat e makin g areas in Ca li forn ia ,
as we ll as Grand Oaks Wat e r.
B. GENERAL INFORMATION
I. A ll exp e nses in curred by utility to im plement Rule 14.1 , and Schedul e 14.1, and requir ements o fthe
Cal iforn ia State Wate r Reso urces Control Board ("Water Boa rd") that have not been considered in a
General Rate Case o r othe r pro ceeding shall be acc umul ated by Cal Wate r in a se pa rate memo randu m
acco unt, autho r ized in Resolut ion W-4976, for dis pos iti on as di rec ted or autho ri ze d from ti me to tim e
by th e Comm iss ion.
2. All moni es collected by Ca l Wate r through waste of wate r penalties es tablished in th is sc hed ule shall be
re co rd ed in th e app ro priate memo randum acco unt and use d to o ffset the expens es descr ibed in Secti on I above.
3. All monies co ll ected by Ca l Wate r through drought surch arges, as establ is hed by the Mandatory Water
B ud gets foun d i n Sc hedul e 14 .1 , sha ll be recorded in the appropr iate Water Reven ue Adjust me nt
Mec han is m ("WRAM") account and used to offset und er-collected revenu es.
( N)
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4. T o th e extent that a ny provis io n in thi s Schedul e is inconsi stent with R ul e I 4. L, th e pr ov isio ns of this Sched ul e appl y.
5. A customer may request insta ll atio n of a rea l-time wa ter me as urement device on the custome r's se rvice lin e . T he I
cost of th e de vice, inc lu ding insta ll at io n and ongoi ng operati ng cos ts, s hall be bi ll ed to th e cus tomer, and I
nonpa yment may res ult in d iscontinuance of se rvice . I
C. DEFINITIONS I
For the purpo ses of thi s Schedul e, th e foll owi ng term s have th e mea nin gs set forth in this sec tio n. I
(These are th e same as in Rul e 14.1, un less ot herw ise specified .) I
l. "Commerc ial nur sery" me ans th e use of la nd, buildings or s tr uctu res for the growi ng and/o r sto rin g I
of fl ovve rs, fruit trees, ornamental t rees , vegetab le plant s, shru bs, trees and sim ilar vege tation for the I
purpose of tra nspl a nting , for use as stoc k or gra ft in g, and includes the retail sa le o r wholesa le I
distributi on of s uc h it e ms di rec tl y fro m the premi ses/lot. I
2. "Drip irri gati on system " mean s a non -s pra y, low-pressure, and low volume irri gat ion sys tem utilizin g I
em iss ion dev ices with a precipitati on or flow ra te meas ur ed in gallon s per hour (G PH), des ig ned I
to slow ly a pp ly s mall vo lumes of water at or near th e roo t zone of plants or ot her land sca pin g. I
3. "F low rate " mean s the rat e at w hi c h wate r fl ows thr ough pipes, valves , and e mi ss ion devices, measured in I
ga ll o ns per mi nute {G PM), gallo ns per hour (GPJ-1), in ches per ho ur (I PH ), hundred cub ic fee t (Ccf), I
or c ubi c feet pe r seco nd (C FS). I
4. "F low-restri cting dev ice" mea1 I
thr ough a serv ice li ne, whi c h ar e capab le of pa ss in g a minimum of 3 Cc f per pe rso n, per mo nth , ba sed I
up on th e U.S. Cens us ca lc ulati on of t he ave rage numb er of people in a house hold in th e area . I
5. "Hi g h-effici ency spr inkler sy ste ms" means an irr igatio n sy stem wi t h e mi ss io n dev ice s, I
suc h as spr in k ler heads or nozz les, with a prec ipi tatio n or fl ow rate no greater t han one I PH. I
6. "Irrigatio n" mea ns th e appli cat ion of potab le wa ter by art ifi cial means to land scape . I
7. "Ir ri gat ion sy s tem" means the compo nen ts of a system meant to apply wa ter to an area for the pu rpose I
o f irri gat io n, in c luding , but not limi ted to , pip ing, fitt in gs, sp ri nkl er heads or nozz le s, drip tubin g, I
va lves, a nd co ntrol wirin g. I
(To be lnSCI ICd b} ulihl~)
Ad\'ic< L<Uer No. __ _;2:.;.1.:.;68:..._ __
D~!c i :;10n No . _____ _
(continued)
PA UL G TOWNSLE Y
""\IE
Vice PresJdt !Jt
tmr.
( N )
(To be mscr1.:d b~ Cl l P U.C )
Date F1lc d ----------1
Effce ti \C --------1
Resolution No.
262
CAL IFOIU.J IA WATER SERVICE COMPANY
1720 N011 h First Street, Sn n Jose, CA 95112
(408) 367-8200
New ---Cal. P.U.C. Sheet No. ------
Cam:eliug Cal. I'.U.C. Sheet No. ------
Sc hedul e No. 14.1
WATER S HORTA GE C ONTI NGENCY PLAN
W ITH ST AGED MAN DATORY RED UCTIONS AN D DRO UG HT SU R C H A R GES (co nti n u ed )
Page 2
C. DEFINITI ONS (C ontinue d )
8 . "Landscape" means all of the outdoo r plant ing areas, twfareas, and wate r fea t ures at a
9. "Measurea bl e ra infa ll " means any amoun t of precipi tati on o f more than one-tenth of an inch (0. I").
I 0. "Micro sp ray irr igation system" means a low-pressu re, low-vo lume irrigation sys tem utilizing
emiss ion devices that spray, mist, sprinkle, or drip with a prec ipitati on or flow rate measured
in G PH, des igned to s low ly apply sma ll vo lum es of wate r to a specific area.
II. "Ornamenta l la nd sca pe " mea ns shrubs, bushes, flow ers , grou nd cover, tu rf, lawns, and
grass plan ted for the pur pose of improving the aestheti c appearance of prop erty, but does not
includ e crops or other agricultural prod ucts or specia l landscape ar eas .
12. "Plu mbing fixtu re" means a recep tac le or dev ice that is connected to a wa ter suppl y system,
incl ud ing, but not li mited to, pipes, toilet s, ur ina ls, showerheads , faucets, washing machi nes,
water heaters, tub s, and dishwashers.
13. "Potable water" mea ns water supp li ed by Ca l Wa ter whi ch co nfo rms to the fede ral and state
standar ds for hu ma n consump tion.
14 . "Pr oper ly programmed" mean s a smart irri gatio n controller that ha s been programmed
according to the manufacturer 's instru cti ons and site-spec ific conditions .
15. "Real-time wat er measurement dev ice " mea ns a device or system that provides regu lar ly
updat ed electronic inform ation regard in g th e cus tomer's water use.
16. "Ru noff' mea ns water which is not absorbed by the so il or landscape to which il is applied
and fl ows from the la nds cap e onto other areas.
17. "S ma11 irrigati o n contro ll er" means an automat ic device used to remotely control va lves
that ope rate an irri gation system that has been tested by an Ame rican Nat ional Standards
In stitute accredit ed third-party ce11ifyin g body or laboratory in accordance with th e
Enviro nm ental Protectio n Agency's Wat erSense pro g ra m (o r an analogous s uccesso r program),
and certified by such body or laboratory as meeti ng the pe rformance and efficiency requirements
o f s uch program, or the mor e strin gent perfo rma nce and e ffici ency requirements of a not her
simila r program .
18. "Special landscape area" mean s an area of the lands ca pe dedi cated so lely to ed ibl e plant s and areas
dedicated to active play such as parks, s p011s fie lds, go lf courses, and where turf provi d es a
playing s urface.
19. "Turf' means a gro und cover !
20. "Wate r fea ture" mea ns a design eleme nt where open, artific iall y s up plied wa ter per forms an
aest heti c or recreation feature, includ ing, but not limited to, po nds, lakes, wa terfa ll s, fou ntai ns,
and stream s.
2 1. "Water use eva luat io n" mean s an eva lu ation of th e e ffi c iency of ind oo r wa ter-usi ng devices,
including , but not li mited to , meas urem ent of flow rates for al l ex is tin g showerheads , faucets , and
to il ets, inspection for leaks, and prov idi ng w ritt en recommendations to imp rove the effic iency
of th e indoo r water-using fixtur es and devices and /or an eva luati on of the performance of an
irr iga tion system, in cludi ng, bu t not limited to, inspect io n for leaks, repo rti ng of overs pray or r unoff,
and prov idin g written recommendations to im prove the performance of the ir r iga tion sys tem.
(con tinu ed)
(To b.! in ..cn ed b) uuhlyl l ssu .:dby
( N)
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( N)
ITo be •n~rtcd b~ Cll PUC}
Advice Letter No __ ....:2:..:.1.:..:68'-----PAU L G. TOWNS LEY Date Fol cd ---------!
Dec is io n No ------V1 ce Pre si de nt
nn_r EffeC tl\'0 ---------!
Rcsoluu on No .
263
CA LI FO RNIA WATER SERVICE COM PANY
1720 No11h Firs t Street, San Jose, CA 951 12
(408) 367-8200
New C ol. r .u.C. S h ee t No. _____ _
Cmrceling Col. I'.U.C. S h eet No. ------
Sch etlul c No. 14 .1 ( N )
WATER S HO RTAGE C ONTINGENCY PLAN I
I
WITH STAGED MANDATORY R E D UC TIO NS AN D DRO UG HT SURC HAR GES (co ntin ued) I
Page 3 I
D. WA STE OF WATER P ENA LTIES I
I
Each S tage of thi s Sc hedu le establi shes certain restri ct ions on th e use of potabl e wa ter. I
essent ial, wa steful use of potable water. Ca l Water is aut horized to take the foll ow ing act ions
when its personn e l verify a customer is using potab le water fo r no n-esse ntial , was tefu l uses.
No perso n s hall have any ri ght or c la im in law or in equity, aga inst Cal Water because o f, or as a
result of, any matt er o r thing done or threa tened to be d one pursuant to the restri ctio ns on
usi ng potable water fo r non-essential, was teful uses.
Note: When a Stage in th is Schedu le has been activated , Secti on D in this Schedu le supe rsedes
Sect ion D (Enfo rce men t) in Rul e 14 .1.
I. FIRST VIOLATION: Cal Water shall pr ov id e the customer w ith a written noti ce of
vio lat ion . In ad di ti on, Ca l Wa ter is aut ho ri zed to take th e fo ll ow in g action s:
A . I ft he customer currently recei ves serv ice thr ough a metered con nec tion, in sta ll
a rea l-time water measurem ent d ev ice o n th e custo mer's service li ne and
prov ide the customer w ith access to informat ion fro m th e device. The cost of
the devi ce, including in stall ation and ongo in g ope ratin g costs, shall be billed to
th e custome r, and nonpayme nt may res ult in d iscontinua nce of service .
B. If the cus tom er do es not currently rece ive servi ce thr ough a metered
co nn ec ti on, ins tall a water meter o n the customer's serv ice line , charge the
cus to mer for water use pursuant to Ca l Water's metered service tariffs and rules,
and in s tall a real -time water meas ur ement device on the customer 's serv ice lin e
an d provide th e customer with access to infor mat ion from the device. T he cost
of the device, in c ludi ng insta ll ation and ongo in g operatin g cos ts, shall be billed
to th e custo mer , and non payment may resu lt in di scont inuance of service.
2. SECOND VIOL AT ION: If Cal Wa te r ve rifi es that th e customer has used potab le water for
non-essential, wasteful uses a fter having bee n noti tied o f th e fir st vio lat ion, Cal Water
shall provi de the cus tom er w ith a seco nd w ritt en not ice of vio latio n. In addition to the
ac tion s prescri bed under the fi rst vio latio n above, Ca l Water is authorized to take the
fo ll ow in g ac ti ons:
A. Apply the following was te of wa te r penalties, whi ch are in add ition to any other
charges authorized by thi s Sched ule or ot her Cal Water tariffs.
i. If Stage I is in effect, $25 (Sta ge I is detail ed below in Sec ti on E).
ii. If Stage 2 is in effect, $50 (Stage 2 is det ail ed below in Sect ion F).
iii. If Stage 3 is in effect
iv. If Stage 4 is in effect , $200 (S tage 4 is deta il ed below in Section H).
B. At its so le di sc retion , waive th e waste of wa ter pe na lty if the customer pm1icipates in a
water use eva luation prov ided by Ca l Wat er ancVo r provides do cumentation to Ca l Wate r
pr ov in g that a drip irri gation sys tem, mi cro spray irrigati o n system , high -efficiency
spr inkler sys tem, or proper ly pr ogramm ed sma rt ir riga t ion con troll er ha s been in stalled,
after a no ti ce o f violatio n was de live red, and is in use at th e c ustomer's service ad dress.
(To be mscncd b~ ut1hty)
Advice Letter No. __ ....:2:..:1.:::68::..._ __
Decision No. _____ _
(cont inu ed)
lss uc.•dby
PAUL G. TOWNSLEY
Vice Ptcs id £111
TlfL[
( N)
(To be mscned b~ Cal P.U C.)
Dnt e Flied --------j
Effective --------l
Res olution No
264
CALIFORNIA WATER SERVICE COMPANY
1720 North First Street. San Jose, CA 951 12
(408) 367-8200
New C:ol. P.U.C. S h eet No. ------
Cmu.:eliug Col. P.U .C. Sheet No. ------
S c h edule No. 14.1 ( N )
WATE R SHO RTAGE CONTI NGENCY PLAN I
I
W IT H ST AGED MA NDATORY RE D UC T IO NS AND DROUGHT SU RC H ARGES (co ntinued ) I
Page 5 I
D. WA STE OF WATE R P ENA LT I ES (Co ntinued)
B. If Cal Wa ter elec ts to install a flow -rest ricti ng dev ice o n a custo mer 's serv ice li ne, t he w ri tten notice
ser vice lin e, shall docu ment th e ste ps t he cus to mer must take in ord er fo r the fl ow-res t ricting dev ice
to be removed, and s hall exp lai n tha t afte r t he fl ow-res trictin g dev ice is removed, it may be reins talled,
without furt her no ti ce , if th e customer is agai n ve ri fied by Cal Water to be using potable wate r for
no n-essentia l, was teful uses.
7. FLOW RES T RICTI NG DEV ICE COND ITI ONS: T he installation of a fl ow-rest ricting device on
a customer's serv ice line is subject to the fo ll owing conditio ns:
A. T he dev ice s hall be capable of prov idi ng the pr e mise with a minimum of 3 Ccf per person,
per mo nth, base d upon the U.S. Ce ns us calc ula ti o n o f the ave ra ge nu mbe r of peo ple in a
ho use hold in the a rea.
B. The device may on ly be removed by Cal Water, and only afte r a minimum three-day period has
elapsed.
C. Any tam pering with the device may res ult in the discontin uatio n of the customer's water
se rvice and the customer be ing c harged fo r any damage to Cal Water 's equ ipment or facilities
and any req uired se rv ice vis its .
D. After the re mova l o f the dev ice, if Ca l Wa te r ver ifi es that th e custome r is us ing potab le wa ter
fo r non-essen ti al, wasteful uses, Ca l Wa te r may ins tall another flow -r estr icting dev ice wit hout
pr io r notice. T his device shall remain in place until water supply condit ions warrant its removal.
If, despite the installat ion of the device, Cal Wat er ver ifies that the customer is usi ng potab le wate r
for non -esse ntial and, un a uthorized waste ful uses, then Ca l Water ma y dis con tinue the c ustomer's
water serv ice, as provided in its Rule No. II .
8. FLOW -RESTR ICTIN G DEVICE REMOVA L CHARGES: The c harge to cus tomers for removal
o f a fl ow-res tri ctin g dev ice install ed purs uan t to t his Sc hed ule is $100 du ring norma l bus iness hours,
an d $150 for the dev ice to be re moved o ut si de of norm al bus iness hours .
E. S T AG E O NE WAT ER US E RE STRICTIONS
I . WASTE FUL USES OF WATER
T he fo ll owing res tr ictions may be imposed by Ca l Wate r, exce pt where necessary to add ress an
imm edia te hea lth o r safety need, or to co mp ly with a term or co nditio n in a perm it is sued by a state
o r fede ra l age ncy :
A. Outdoo r Ir riga tio n Rest ric t io ns (Stage I)
i. Irri gati ng ornamenta l land scapes with potable 'vVate r is li mited to no more than t hree (3) d ays
per week , o n a schedule establ ishe d and posted by Ca l Wate r on its website or ot herwise
provided to c ustomers by bill message, bi ll in ser t, direct ma il, or email , or as follows:
(conti nu ed)
(TO!,).: IA$CJh:d b) utility) /C$1l(:t/by
( N)
(lobe tnscrtcd by Cal, P U.C J
Advice Lencr No. __ _;2::..oi.:..:6S:...._ __
'Z\\11-"
Date Filed ----------l
V tcc Pres td ent Effective ----------l Decision No. _____ _
Tllll
Res oluti on No
266
CALIFORN IA WATER SERVICE CO~IP ANY
1720 Nonh First Street. San J ose, CA 95 1 12
(~OS) 367-8200
New
Cm1 ct!lin;;
Cal. P.U.C. S h eet No.
Cal. P .U.C. Sh ee t No.
Schedule No. I·U ( N )
W ATER SH O RTAGE C O NTI NGENCY PLAN I
I
WITH ST AGED M AN DA TORY RED UCTIONS AN D DROUGHT SURCHARGES (co ntinued) I
Page 6 I
E. STAGE O NE W ATE R USE R ES TRICTIONS (Co ntinued) I
I
I
I. Custome rs w ith even-n um bered addresses may irr igat e o n Saturd ays , I
Tuesdays, and Thursdays . I
2. Custom ers w ith odd -numbered addresses may irr iga te on Sundays, I
Wednesdays , and Fr idays . I
3. Cus tomers withou t a street add re ss may irrigate on Sa tur days, T uesdays, I
and Thursdays. I
4. Notwithsta nd ing th e fo rego ing res trictions, irri gation of spec ial landscape areas or I
commercia l nurs e ri es may occur as needed, provided that the customer w ho w ishes to I
irrig ate a specia l land sc ape area or co mmercia l nur sery presents Cal Water with a
plan to ac hi eve water use reduc ti ons co mm ensu rate with th ose that wou ld be achi eved
by co mp lying with forego in g re str ictio ns.
5. Notwit hstandi ng the foregoing res tr icti ons, when a c ity, county, or other loca l public
agency in one of Ca l Wa ter 's service areas du ly ad opts restrictions on th e number
of days or hours o f the day that custo mers may irr igate tha t are different tha n tho se
adopted by Cal Water, Cal Wate r may en force th e city, cou nty, or othe r local pu blic
agency's res trictions.
ii . Irrigatin g o rnamen ta l land sc ape with potable water is pro hibited dur ing the hours between
8:00 a.m . and 6:00 p .m .
iii. T he fore go ing restr iction s do n ot app ly to:
I. Landscape irrigat ion zo nes that exclusively use drip irri gat ion sys tems and/or micro
spray irrigatio n sys tem ;
2. Irrigat ing ornamenta l landscap es w ith the use of a hand -held bu cke t or sim ilar con ta in er,
wit h a continuously monitored hose w hich is fi tted w ith an automatic shut-off nozzle
or dev ice attac hed to it that ca uses it to cease d ispensing wa ter imm edi ate ly whe n not in
use or mon ito red, or for the exp ress pur pose of adju sting or repairing an ir r igation syste m.
B. Ob li gatio n to Fix Leaks , Breaks o r Malfunc ti ons: A ll leaks , breaks , or other malfunct ions in the
customer 's pl um bing fi xtu res and/or irr iga ti on sys tem mu st be repaired wit hi n five (5) bu s in ess
d ays o f w r itte n not ifi cati on by Ca l Wa ter, unle ss ot her arrangements are made with Cal Wa te r.
C. Prohib ited Uses of Water: Cus tomers are prohibi ted from us ing potab le water fo r the fo ll ow ing
act ions:
1. T he app licat io n of potable wa ter to land sc apes in a manner that cau ses run off such th at wa te r
fl ows on to adj ac ent pr operty, non-irri gated areas, pri va te and publi c wa lkways, roadways ,
parking lots, o r str uctures;
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(conti nu ed)
(To tx mscrtcd b) utJhl~) IHII~dby tTo be msertcd by C:tl P.UC )
Pt\UL G. TOWNSLEY Date File d ---------1 Advice l.cucr No 2168
NA~J F.
Vice Pre sident Effec tive ----------1 Dec ision No __ _
Tm.[
Rc:)ohuion No.
267
CA LIFORNIA WATER SERVICE CO~IPANY
172 0 North Fi rs! Srrcc1, San Jose, CA 95112
(~08) 367 -8200
New ---
Cuuceling
Cnl. P.U.C. S heel No.
C n l. P.U.C. S heel No .
Sc h edule No. 14.1 ( N)
WATER SHORTAGE C ONTINGENCY PLAN I
I
WITH STAGED MANDATORY R E DUCTIONS A N D DRO UGHT SU R C HARGES (continu e d) I
Page 7 I
E. STAGE O NE WATER USE RESTRIC TIONS (Continued)
ii. T he use of a hose th at di spe nses potabl e water to was h vehi c les, incl uding cars, tr ucks, buses,
shut -off nozz le or dev ice attac hed to it th at cau ses it to cease d isp en s in g water immed iatel y
when not in us e.
iii. The application of potable water to d riveways and si dewalks;
iv. The use of potabl e water in a wate r feat ur e, except w here the water is part of a reci rculating
system;
v. The app li cati o n of po tab le water to o utd oo r land scapes during and wi t hi n forty -eight ( 48) hours
a ft er meas urabl e rain fa ll (see Defi ni tions);
v i. The se rving of d rinking water othe r t han upo n request in eati ng o r dri nking estab li shments,
i nclud ing but not li mited to resta urants, hote ls, cafes, cafeterias, bars, or other public places
where foo d o r drink are served and /or purc hased ;
vii. Ir r igatio n of ornamental landscape o n pub lic str eet media ns with potable water;
viii. Irr igatio n outside of newly co nst ru cted homes and buildings with potabl e water u nl ess the
pota ble wa ter is de livered by a drip irr igatio n systems and/or micro spray ir rigation syste m.
D. Ope rato rs of ho tels and mote ls shall provid e g ues ts with th e o pt ion of choos ing no t to have towe ls
and linens laun dered da ily. The l10tel or motel sha ll prom inen tl y displ ay noti ce o f this opti on in each
guest room using clear and eas ily understood lang uage .
E. Limi ts on Filling S ingle-F ami ly Residentia l Swimming Poo ls and Spas: Re-fi ll in g and initia l filling of
single-family res ide nti al swi mmi ng poo ls o r o utdoor spas with potab le water is prohibited, except to
mai ntain requ ired ope rating leve ls of ex isting poo ls and spas or as a result of com pleti ng st ru ctura l
repairs to th e swi mming poo l or outd oo r s pa.
F. Limi ts on F ill ing O rn ame nt a l La kes o r Po nd s : Fillin g or re-fillin g o rn amenta l lakes or ponds wi t h potab le
wa ter is prohib ited, except to th e extent neede d to susta in aqua tic life , prov ided tha t s uch anima ls are
of sig ni fi cant val ue and have been active ly mana ged wit hin the water feature prior to the imple mentation
of an y staged ma ndatOJ )' restrictions o f water use as described in this Schedule.
G. Other d ul y ado pted res t ri c tions o n t he us e of potabl e water as presc ribed from ti me to time by t he
Co mmiss ion or other au thori ze d govern ment age ncies are inco rporated herei n by refe rence .
r . STAGE TWO WATER l
I. MANDATORY WATER BUDG ETS AND BANK ING (STAGE 2 )
Water bud gets will be based on a c ustomer 's consumpt io n durin g a historica l ba se period and wi ll
incl ude a perce nt age reduc ti on desi g ned to mee t necessal)' wa ter-use redu ctions. Ca l Water may in c lude
provisions s uc h as mi ni mum water budgets for res ide nti al mete red service to protect the health and safe ty
of c ustomers, a nd wate r ba nkin g all ow ing custom ers addit ional fl ex ibi lity with regard to the ir requ ired
red ucti o ns .
(co ntin ued)
(To be inscncd b) utili I)')
( N)
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(To be i nscrto:d by CiJI f'.U C.'l
Adl'icc Leuer No . 2 168 PAU L G. TOWNSLEY
~-\\I F Dme F1l cd ---------1
Decision No. __ _ Vi ce P1esidcn 1
mLE E fTecti \'e ---------i
Resoluti o n No
268
CALIFO RN IA WATER SERVICE C O~IPANY
1720 North Firsl S1rcc1 , San J ose. CA 951 12
(408) 367-8200
New ---
Ca n celing
Cal . P.U.C. S h ec1 No.
Ca l. I'.U.C. S h cel No.
Schedule No. 1~.1 ( N)
W ATER SHORTAGE CONTINGENCY PLA N I
I
WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SU RC HARG ES (co ntinued) I
Page 8 I
F. STAGE TWO WATER USE RESTRI CT ION S (Co ntinued) I
I
In add itio n to the normal rate paid fo r the unit of wate r, a dro ugh t surc harge will be c harged to a I
Sec Appendix A: De tai ls on min im um water budgets, as we ll as th e drought s urcharges that will be 1
appl ied for exceeding a wa ter bu dget, are pr ov ided in Appendix A. Cal Water retains the rig ht to increase
the surcharges if there are cha nges to the rates in th e future.
Cal Water will establi sh an appeals process for customers that w ill allow for requests fo r increa sed water budgets. I
2. WASTEFUL USES OF WATER (STAGE 2) I
Cal Water may cont inue to impose the restr icti ons o n the wastefu l use of water as outl ined in Stage One, I
except where necessary to address an imm ediate hea lth or safety need or to co mpl y with a term o r I
condi ti on in a per mit issued by a sta te or fede ral agency. I
G .. STAGE THRE·E WATER USE RESTRICTIONS
I . MANDATORY WATER BUDGETS AND BANK ING (STAGE 3)
Water bud gets wi ll be based on a customer 's co nsum ption durin g a historical base per iod and will
inc lu de a percentage reduction designed to mee t necessa ry water-use reducti ons. Cal Water may
in clude provi sio ns such as minimum water bud ge ts to protect th e hea lth and safety of customers, and
water banking a ll ow in g customers addit iona l flexibi li ty with regard to th eir required reduction s.
In addition to the normal rate paid for th e un it of water, a drough t surcharge wil l he ch:1 rged to a
customer for each unit of water used over the establ ished wa ter budget for the billing period.
Cal Water ma y implement s urch arges up to three (3) times those charged in Stage 2.
Ca l Wat er wi ll establish an appeals pr ocess for customers that wil l allow fo r requ ests fo r increased wa ter
budgets.
2. WASTEFUL USES OF WATER (STAGE 3)
The follow ing res trictions ma y be impo sed by Ca l Water, excep t whe re necessa1y to add ress an immed iate
hea lth or safet y need or to comply with a te rm or co ndition in a permit issued by a sta te or federal age ncy.
Diffe rences fr om or addition s to prev io us Stages are underlin ed. (T he followin g res trictions are the same
as th ose prov ided in Stage 3 of Ru le 14.1.)
a. Outdoor Irri gat ion Res trictions (Stage 3)
i. Irrigating ornamenta l landscapes w ith potab le water is limited to no more than two (2) days ,, ' ~ ' .. . '
per w eek, on a schedu le established and posted by Ca l Wa ter on it s webs it e or otherwi se provided
to customers by bill message, bi ll in sert, direc t mai l, or ema il, o r as follows :
!. C ustomers wi th even-numbe red addresses ma y irrigate on Saturdays and Tuesdays
(previous Stages allowed Thursdays as we ll).
2. Custo mers with odd-numbered addresses ma y irri ga te on Sundays and Wednes days
(previous Stages al lowed Frid ays as well).
3. Cus tomers without a street address may irr igate o n Saturday s and Tuesdays
(previous Stages all owed Thursdavs as well).
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(co nti nued)
(To be mscnc d b}' nt1l11~) /uucdby (T o \>\.• mscrtl!d by Cal P UC)
PAU L G . T O WNS L EY Adv ice Leuc r No 21 68 Dal< Fi led ----------i
KA.\IE
Dec ision No. __ _ Vice Prcsirlcn!
Tilt£ E fTec ll\·c ----------i
Resolution No
269
CALIFORNIA WATER SERVICE CO~IPANY
1720 North First Str eet, San Jose. CA 95 11 2
(408) 367-8200
New ---
Cuucelin;:
Ca l. P.U.C. S heet No.
Cal. I'.U.C. Sheet No.
Sch edul e No. 14.1 ( N)
WATER SHORTAGE C ONTINGENCY PLAN I
I
WITII STAGED MANDATORY REDUC TIONS AND DROUGHT SUR C HARGES (continued) I
Page 9 I
G. STAGE THREE WATER USE RESTRIC TIONS (Continued)
4. No twiths tanding th e for eg oing restric ti o ns, irri ga ti on of spec ia l la nd sca pe areas or
irriga te a spec ial landsca pe area or comm e rcial nur se ry presents Cal Wate r w ith a
pl an to achieve wa ter use red uctio ns co mm e ns urate w ith thos e that wo uld be ach ieved by
co mplying w ith foregoing res trictions .
5. No twithstan ding the foregoi ng res tri ctions, when a city, county, or other loc al pub li c agency
in one of Cal Water's se rvice are as dul y adopts rest ri ctions on the n um ber of days or hou rs
of the da y th at cus to mers may ir rigate which are different than t hose adop ted by Cal Water,
Ca l Water ma y e nforce th e city, co unty , or ot her loca l p ubl ic agency's res t rictions .
ii . Irrigating ornamental land scape w ith potab le water is pr oh ibited du ri ng the ho urs betwee n
8:00 a.m. and 6:00 p.m.
iii . The forego ing restrictions do not ap pl y to:
I . La nd scape irrigation zo nes th at exclusively use dr ip irrigation systems and/or micro spray
ir rigat ion sys tem ;
2. Irri gatin g orna me nt al la nd scapes with th e use of a hand-h eld buc ket or similar container,
a co nti nu ously mon ito red hose wh ich is fitt ed wi th an aut omatic s hu t-off nozzle or
dev ice attached to it t hat causes it to cease di spe nsi ng wate r immed iate ly when not in
use or monito red, o r for the express p urpose of adj ustin g o r repairing an irri gation system.
b. Obligatio n to Fix Leaks, Breaks o r Ma lfun cti o ns : Al l lea ks, br ea ks , or oth er mal fu nct io ns in th e
customer's plumbing fixtures and/or irri gat ion system mu st be repaired wi thi n two (2) business d avs
of w ri tten notification by Cal Water, unl ess other arrangements are made with Ca l Water.
c. Prohib ited Uses of Wa te r : C ustome rs are prohibi ted from us in g potable wa ter for the fo ll owing actions:
i. Th e app lication of potab le wate r to la nd scapes in a mann er tha t causes runoff such that wa ter
flows onto adjacen t pr ope rty, no n-irrigated areas, pr ivate and pu blic wa lkways, roadways,
parkin g lo ts , or str uctures (note: thi s provisi on app ea rs under Sect ion E in Ru le 14.1);
ii . T he use of a hose that dis pe nses potable wa te r to. wash vehicl es, includ ing ca rs, tru cks, bus es, boats,
a ir craft, an d trail e rs, whet her moto ri zed o r not, except w here th e hose is fitted with a shut -off
nozzle or dev ice atta ched to it that causes it to cease dispens in g water immediately when not in use
(note: this prov isio n appears unde r Section E in R ule 14. I).
iii. The a p pl ica ti on of potable water to dr iveways and s id ew al ks;
iv. Th e use ofp
v. Th e appl ic at ion of po ta bl e wa ter to outdoor landscapes during an d within forty -eight (48) hours
afte r meas urable rai nfa ll ;
vi. T he se rvi ng of dr inkin g wa ter o the r th an upo n req ues t in eat in g or drinki ng es tab li shments, in clud in g
but not limited to res ta urants, ho tels, cafes, cafeterias , bars , or other publ ic places where food or
drink a re serve d and/o r purchased;
vii. Irriga ti on of ornam enta l landsca pe o n publ ic st reet medians with potabl e water ;
(con ti nued)
(To be tnsclted br ullhty)
( N)
(To be insc nl'd by Col I' U.C J
A<h ice Letter No . 2 16 8 PAUL G. TOWNSLEY
NA.\I t.:
Dot< Filed ---------1
Decis ion r\o __ _ Vice Presid ent
nli.F. Effecti ve ---------1
Resol ution No
270
CALIFORNIA WATER SERVICE COMPANY
1720 Nonh First Street, San Jose. CA 951 12
(408) 367-8200
New
Cunceling
Cal . I'.U.C. S h eet No.
C al. I'.U.C. S h eet No.
Schedul e N o. l.U ( N)
WAT ER S HORTAGE C ONTINGENCY PLAN I
I
WITH STAGED MANDATORY RED UCTIO NS A ND DROUGHT SURC HARGES {continued) I
Page 10 I
G . STAG E THREE WATER USE RESTRI CTIONS (Continued) I
v iii . Irri gati on out sid e of new ly co nstru cted hom es and buildin gs with potabl e wat er unl ess th e po tab le I
ix. Use of potabl e wat er for street clea nin g wi th tr ucks, excep t for initi al was h-dow n fo r co ns tru cti o n 1
purp oses (if str ee t sweeping is not feasi ble); I
x. Use o f pota bl e water for const ru ction pur poses. s uch as conso lid at io n of bac kfill, dust contro l, or I
oth er uses unle ss no oth er source of wat er or o ther meth o d can be used.
d. Operators of hotels and motels s hall provide gues ts with the op tio n of choos in g not to have towels
a nd linens lau nde red daily. T he hote l or mote l shall prom ine ntl y d isp lay notice ofthi s option in each gues t
room us ing clear and easi ly unde rstood language.
e. Li mits on Fi ll ing Res id enti al Sw immi ng Pools and Spas: Re-fi llin g an d initi al fi llin g o f single-fa mil y
res identia l swimmi ng poo ls or outdoor spas with pota bl e water is pro hib ited (previous Stages
all owe d ce11ai n exceptions).
f. Limit s on Fillin g Orna ment al Lakes or Po nds: Fill ing o r re-filli ng o rn amental lakes o r ponds with
potab le water is pro hibited, exce pt to the exte nt needed to sustain aqu at ic li fe, pro vi d ed th at such
anim a ls are of s ignifi cant va lu e an d have bee n ac ti ve ly mana ged w ithin th e water fea ture prior to the
impl ementa ti on of any staged man dato ry res trict ions of wa ter use as desc ri be d in thi s Schedul e.
g. Oth er dul y adopte d rest ri cti ons on the use of pota bl e water as presc ri be d fr om tim e to tim e by th e
Commiss ion or oth er author ize d government ag encies are in corp orated he rei n by refe r ence.
H. STAG E FO UR WATER US E RESTRICTIO NS
I. MANDA T ORY WATER BUDGETS AND BANK ING (STAGE 4)
Wa ter budgets wi ll be based on a customer's co nsumptio n during a hi stori ca l base peri od and will include
a percent age reduct ion desig ned to meet necessaJ)' wate r-use reductions. Cal Wa ter may include provisions
such as mi nimu m water budgets to protec t th e hea lth and safety of customers, and wate r ba nkin g allowi ng
c ustome rs ad d itio nal fl exibi li ty wit h regard to thei r requ ired reduc ti ons.
In additio n to the no rmal rate paid for the unit of wa te r, a d roug ht surc harge wi ll be charged to a customer
for each un it of wa ter used over the esta blis hed wa ter bu dget for th e bill ing period. Fo r Stage 4, Ca l Wate r
may imple ment surcharges up to th ree (3) ti mes th os e charged in Stage 2. Ca l Wa ter may requ ire custo mer
cons ump ti on re du ctions of up to 50%.
Ca l \.Va ter will estab li sh an appeal s process fo r customers that will allo w for requ es ts for in creased water
bud ge ts.
2. WASTEFUL USES O F WA T ER (S T AGE 4)
The fol lowi ng restrictions may be imposed by Ca l Wa ter , except ""here necessa ry to add ress an immed iate
healt h or safety nee d or to comply with a ter m or condi ti on in a pe r mit iss ued by a state o r fed era l age ncy.
Differences from or additio ns to prev ious Stag es arc unde rl ined. (The fo ll ow ing res tri ctions are th e same
as those provided in Stage 4 of Rule 14.1.)
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(To be inscncd b)· utiht))
i\dv•ce Lene r No 2 16 8
Decis io n No . __ _
(conti nued )
P;\UL G T O WNSL EY
K\.\lf.
Vice P!csid c nl
nnE
(To be mscncd b~ Cal P U C.)
Dato File d ---------1
Effccli\'e ---------1
Reso lut iCt n No .
271
CALIFORN IA WATER SERV ICE CO~IPANY
1720 Nor1h Firsl Srreel, San Jose, CA 95 112
p08) 367-8200
New
Cunce/iug
C a l. I'.U.C. Sheer No.
Cal. I'.U.C. Sheet No.
Schedule o. J.u ( N )
WATER S HORTAGE CONTI NGENCY PLAN I
I
WITH STAGED MANDATORY R E DU CTION S AND DRO UG HT SU R C HARG ES (co ntinued ) I
Page II I
G. S TAGE rO UR WATER USE RE STRI CTIONS (Continued)
A. Irr igating orna menta l land scape with potabl e water is prohibited, except whe n a hand -h eld bucket
no zz le or dev ice attached to it that causes it to ce ase di spensing water immed iately when not in use
or monitored is us ed to maintai n vegetation, in c lu d in g trees and sh rubs .
B. Obligation to Fix Leaks , Breaks o r Malfunct io ns: All leaks , breaks , or ot her ma lfuncti o ns in th e customer's
plumbing fi xtures or irrigati o n system mu st be repa ir ed within one (I) business dav of writ ten
notifi ca tion by Cal Water, unless other arrangements are made wi th Cal Wate r.
C. Prohibited Uses of Wa ter: Customers are pro hibi ted from using potable wa ter for the follow in g ac tion s:
i. Th e ap pli cat ion of potabl e water to land sca pe s in a manner that causes runoff such that wa ter
fl ows onto adja cent prop erty , non -i rrigated ar eas , pri vate and publ ic walkways, roadways,
park in g lots, or structures;
ii . The use of a hose th at d ispenses potable water to wash veh icle s, in clu ding cars , trucks, bu ses , boa ts,
ai rcraft , and trail ers, whether moto ri zed o r no t, excep t where th e hose is fi tted wit h a shut-off
nozzle or d evi ce attached to it that ca uses it to ce ase d ispe nsi ng water imm edi at ely when not in use .
iii. The app li catio n of potabl e water to d ri veways and s id ewalk s;
iv. T he use o f potabl e wat er in a water fea tur e, exce pt wh ere the water is part of a rec ircu lati ng syste m;
v. The app lication o f po tab le water to outdoor landscapes during and wit hin for ty-e ig ht ( 48) hou rs after
measurable ra infa ll;
v i. The se rvin g of dr ink in g water othe r tha n upon request in eating o r drinking estab lis hmen ts, in clud ing
but not limit ed to resta ur ant s, hote ls, ca fes, cafeteria s, bars, o r othe r pub li c places where food or
dr ink are served and/o r purcha se d ;
Note th at it ems previou sly identi fi ed as (ixl and (x) in Stage 3 have bee n el im ina ted.
vii. Use of po tabl e water fo r stree t c lea nin g w ith tr ucks (pr evio us Stage allowed ce rtain excep ti o ns);
viii. Use o f potab le wa ter for co nstru ction purposes, s uch as consolidatio n of ba ckfi ll , du st co ntro l,
or ot her uses (previ ous Stage a ll owed certain excep ti ons).
d. Operato rs of hotels and mote ls shall provide g ues ts with th e option of choosing not to have towe ls
and lin ens laund ered daily . Th e ho te l or mote l shall pr omin entl y d is play noti ce of thi s opt ion in each
g ues t room us in g cle ar and eas il y und ers tood language.
e. Limi ts o n Filli ng
res id ential swim m in g pools o r o utd oor spas with potab le wat er is pro hibited .
f. Lim it s on Fillin g Ornam ent al Lakes o r Ponds: Fillin g o r re-fillin g ornamenta l lakes o r ponds wit h po table
water is pro hi bited, exc ept to th e ex tent nee ded to susta in aq uatic li fe, provided that s uch an ima ls a re of
sig nifi ca nt va lue and have bee n ac tively mana ged within the water feature pri o r to the imp le ment ation of
any s taged mandatory restri c tion s of wat er use as desc ri be d in this Schedu le .
g . Othe r duly adopted rest ri cti ons on th e usc of potabl e wate r as pres cr ib ed fr om time to time by I he
Co mmi ss ion or other authorized governm ent age nc ies are incorporated herei n by refe rence.
(co ntinu ed)
( N)
(Tobcimcncdb) utJIIt)) (To be ms:cncd by (.31 P U.C.J
Ad' ic< l.cuer No. 2 168
Decision No. __ _
PAU L G. TOWNSLE Y
SA~ I(
Vjcc President
1111.£
Da le Fried ---------1
Effccl i'e ---------1
Reso lut ion No .
272
CALIFORNIA Wi\1 ER SERVICE CO~IPANY Ne w Cal. P.U.C. Shrcl No. ---17:!0 Nonh F1rs1 SHeet, S an Jose, CA 9S 11 2
(~08) 367-8100 Con celiuc Cal. P.U.C. S heet No .
Sc hed ul e No. 14.1 ( N)
W ATER S H ORTAGE C O NTI NGENCY PLAN
W1T H STAGE D l\I ANDATO RY R EDUCT I ONS AND DR OUG HT SU R C H A R GES {con tinued )
Pa ge 12
APPEi\'DIX A
Dro ug ht D•·o ught M inim um Su rcharge S urchar ge Wa t er R ate Su ppor t
Dis tric t Tariff Area Non-L IR A Lin A Budget (Ccf) F und (RSF)
C us tomers C ustomers Ar·eas
(a) (b)
(c)
I
Fremont Valley & La ke Hu g he s $4.5200 $2 .2600 5 RSF Area
Antelope Va ll ey Lan caste r $7.1 180 $3 .5590 5
Leo na Valley $4.5200 $2 .2600 5 RSF Area
Bakersfie ld $4 .1868 $2 .0934 7
Ba ys hore Mid-Peninsula $10 .0000 $5 .0000 6
So uth Sa n Frrancisco $5 .6492 $2.8246 6
Bear Gul c h $10.0000 $5.0000 6
C hi co $3 .13 14 $1.5657 6
Dix on $7.9402 $3.9 70 I 7
Dominguez $6.9934 $3 .4967 7
East Los Angeles $3 .7605 $1.8803 9
Grand Oak s $2.1236 $1.0618 5
Hermosa Redon do $9.1586 $4.5793 5
Kern Ri ver Valley $4.5200 $2.2600 4 RSF Area
King City $6.7536 $3.3768 9
Livem10re $7 6 194 $1 R097 6 I
Los Altos $8.1608 $4.0804 6 I
Marysville $5.1470 $2 .5735 6 I
Orovil le $6.18 40 $3 .0920 6 I
Pa los Ve rdes $9.535 8 $4 .7679 6
Redwood Va ll ey $4.5200 $2 .2600 4 RSF Area
Sa l inas $5.7776 $2.8888 7
Selma $3 .0122 $1.506 1 8
Stockto n $5 .5506 $2.7753 7
Visa lia $2.9796 $1.4898 7
West lake $9 .2378 $4 .6 189 6
Willows $4 .1356 $2 .0678 6
(a)-The Drou ght Surcharge is equal to two (2) tim es the high est res idential t ier ra te with a $10.00 ma ximum EX CEPT for:
The Drought Surcharge in Rate Support Fund (RSF) areas is equal to $4.52 .
T he Drought Surcharge for districts with a 10 % or Jess wate r redu ct ion requ ir emen t is eq ua l to th e hi ghest res ident ial tier rate .
(b)-The Dro ug ht Su rc harg e for LIRA cus tomers is 50% of th e Drought Su rchar ge for Non-L IRA customers. I
(c)-The Mi nim um Water Bud get is set at 55 gpcd (gall ons per capita per da y) multiplied by th e people per hou sehold for ( N)
the area in th e U.S. Cen sus .
(T o b.: BIS.CI1<J b\' Uti ILl\) I H III'dhy cT oN: nucrtcJ h\' CJI I' IJ C
.-\dv ice Letle r No 2 168 f a UL G TQI\'1'/S~!;;Y Date F iled
~\.'11-.
Oecas10n No \'ice Prestdent Effec tl\·e
nm
Resoluti On No
273
Cupertino Water Conservation Restriction Measures 2015 5/2015
RESTRICTION MEASURE PURPOSE
Collective impacts of drought, climate change, increased population demands, and potential
natural disasters require the conservation and efficient use of water. The purpose of these measures are
to conserve and efficiently use water at all City owned facilities while maintaining safe
conditions for employees and the public.
Improvement of City owned facilities to reduce water use, other than those typical for normal
operation or maintenance, are not covered in these measures.
RESTRICTION MEASURES
At all times the use of water at City facilities is to be as efficient as practically possible. During
periods of drought, water conservation procedures will be followed at all City facilities. Wasting
of water is to be avoided at all times of the year.
Annually, every City facility* is to have water use quantified in volume and dollars as follows:
Amount of water use for buildings
Amount of water use for landscape shrubs and/or trees
Amount of water use for turf utilized by recreation programmed by the City or Cupertino
Unified School District
Amount of water use for turf utilized by permitted City events
Amount of water use for remaining turf
Amount of water used in ponds and/or fountains
*Metering of water at City facilities may or may not be separate for each identified water use.
When one meter services several uses, amounts of individual water use is to be interpolated.
Annually, water used for City operation shall be analyzed cumulatively and separately for each
facility. Comparisons will be made to prior years.
Facilities included are:
1. Blackberry Golf Course
2. Canyon Oaks Park
3. Collins Elementary School / Portal Park
4. Creekside Park
5. Eaton Elementary School
6. Faria Elementary School
7. Franco Park
8. Garden Gate Elementary School
9. Hoover Park
10. Hyde Middle School
11. Jollyman Park
WATER CONSERVATION RESTRICTION MEASURES FOR CITY
OPERATIONS
PUBLIC WORKS DEPARTMENT
TIMM BORDEN, DIRECTOR OF PUBLIC WORKS
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3254 • FAX (408) 777- 3333• www.cupertino.org
274
Cupertino Water Conservation Restriction Measures 2015 5/2015
12. Kennedy Middle School
13. Library Field / Civic Center
14. Lincoln Elementary School
15. Linda Vista Park
16. McClellan Ranch Community Gardens
17. Memorial Park / Quinlan Community Center
18. Monta Vista Recreation Center
19. Oak Valley Park
20. Regnart Elementary School
21. Sommerset Square Park
22. Stevens Creek Elementary School / Varian Park
23. Sterling Barnhart Park
24. Three Oaks Park
25. Wilson Park
Attachment A to these measures shall identify each of the above facilities with an aerial site plan
prepared and annually updated as site conditions change. Each site plan shall indicate:
Area of all existing turf
Area of existing turf intermittingly used by City permitted events
Area of existing turf programmed by for City or school recreation events
When conservation measures are implemented and it is likely that the public is impacted by the
measures, educational signage shall be erected at every facility.
PROCEDURES
Drought conservation measures may be required individually or collectively by the State, Santa
Clara Valley Water District (SCVWD), San Jose Water Company (SJWC) or California Water
Service Company (CWSC). Water conservation measures recommended or mandated by
SCVWD shall be followed for all City operations. If State requirements, specific to the
Cupertino area, are more onerous than SCVWD measures, then State requirements shall be
followed for all City operations. Water conservation rules, as implemented by either SJWC or
CWSC and in support of either State and/or SCVWD requirements, shall be followed. Due to the
limited area of the City serviced by CWSC, the rules implemented by SJWC shall be applied
City-wide unless otherwise prohibited.
The description and action to be taken for various stages of drought are as follows:
Stage # Condition Action
1 No drought conservation
measures required.
None
2 Reduction < 10% * Reduce water programming of
all outside irrigation by a
minimum of the conservation
amount.
3 10% < Reduction < 20% Reduce water
programming of all
outside irrigation by a
minimum of the
conservation amount.
275
Cupertino Water Conservation Restriction Measures 2015 5/2015
No filling of ponds at
Memorial Park.
Reduce operational
hours of interactive
fountain at Community
Hall from 10AM – 8PM
to Noon – 6PM.
Water used to clean
asphalt areas /
sidewalks / plaza areas
to be minimized and
follow stormwater
requirements.
4 20% < Reduction < 40% Reduce water
programming of all
outside irrigation for
trees / shrubs by a
minimum of the
conservation amount.
Large and/or
desirable species
to have priority
over less
desirable species
No watering of turf
used passively.
Limited watering
(consistent with 2 days /
week watering or
similar) of turf areas
used intermittingly by
City permitted events.
A minimum of 20%
reduced watering of turf
areas programmed by
City or school
recreation events.
Each facility will be managed
in accordance with the areas
defined in Attachment A.
No filling of ponds at
Memorial Park.
No operation of the
interactive fountain at
Community Hall.
No water used to clean
276
Cupertino Water Conservation Restriction Measures 2015 5/2015
asphalt areas /
sidewalks / plaza areas.
Water used for street
sweeping to be
minimized while
complying with Santa
Clara Valley Air Board
requirements.
5 Reduction > 40% Reduce water
programming of all
outside irrigation for
trees / shrubs by a
minimum of the
conservation amount.
Large and/or
desirable species
to have priority
over less
desirable species
No watering of turf
unless required to
maintain safe
conditions.
No filling of ponds at
Memorial Park.
No operational of the
interactive fountain at
Community Hall.
No water used to clean
asphalt areas / streets /
sidewalks / plaza areas.
Water used for street
sweeping to be
minimized while
complying with Santa
Clara Valley Air Board
requirements.
*All reduction percentages are relative to water consumption in 2013.
Blackberry Farm Golf Course (BBGGC) and McClellan Ranch Community Gardens (MRCG)
watering is not subject to the Stage 1-4 reductions. BBFGC and MRCG shall follow at a
minimum the conservation requirements of SJWC.
Unless prohibited by water authorities, watering of all trees and desirable shrubs may occur
during all stages of drought as necessary.
277
Cupertino Water Conservation Restriction Measures 2015 5/2015
RESPONSIBILITY
All employees of the Public Works Department are responsible for the implementation of these
measures.
APPROVED
_______________________
Timm Borden
Director of Public Works
ATTACHMENTS
Attachment A
278
ATTACHMENT A
Water Conservation Restriction Measures for City Operations
1. Blackberry Golf Course
2. Canyon Oaks Park
3. Collins Elementary / Portal Park
4. Creekside Park
5. Eaton Elementary
6. Faria Elementary
7. Franco Park
8. Garden Gate Elementary
9. Hoover Park
10. Hyde Middle School
11. Jollyman Park
12. Kennedy Middle School
13. Library Field / Civic Center
14. Lincoln Elementary
15. Linda Vista Park
16. McClellan Ranch Community Gardens
17. Memorial Park / Quinlan Community Center
18. Monta Vista Rec Center
19. Oak Valley Park
20. Regnart Elementary School
21. Sommerset Square Park
22. Stevens Creek Elementary / Varian Park
23. Sterling Barnhart Park
24. Three Oaks Park
25. Wilson Park
279
BY
R
N
E
A
V
E
STEVENS CREEK BLVD
SC
E
N
I
C
B
L
V
D
BYRNE CT
SAN FERNANDO AVE
LOMITA AVE
ALCAZAR AVE
ALMADEN AVE
GRANADA AVE
HERMOSA AVE
SCEN
I
C
C
I
R
DEAN CT
ORCHARD CT
CR
E
S
C
E
N
T
R
D
EA
T
O
N
P
L
PH
A
R
L
A
P
D
R
CUP
E
R
T
I
N
O
R
D
AD
E
L
H
E
I
D
C
T
Existing Irrigation Area
556,453 SF
Twenty irrigation heads to be turned
off resulting in reduction of
141,300 SF
Blackberry Golf Course
280
C
A
N
Y
O
N
O
A
K
W
A
Y
S
T
M
A
R
Y
'
S
D
R
CANYON OAKS PARK
Existing Irrigation Area
9,680 SF
Proposed Brown Turf Area
6,598 SF
Limited Irrigation Area
3,278 SF
281
PO
R
T
A
L
A
V
E
TWILIGHT CT
RI
E
D
E
L
P
L
COLLINS ELEMENTARY / PORTAL PARK
Existing Irrigation Area
212,521 SF
Proposed Brown Turf Area
5,498 SF
Limited Irrigation
37,095 SF
282
MI
L
L
E
R
A
V
E
HOWARD CT
PHIL LN
CREEKSIDE PARK
Existing Irrigation Area
316,668 SF
Proposed Brown Turf Area
8,326 SF
283
JOHN DR
SUISUN DR
FA
R
A
L
L
O
N
E
D
R
PI
N
O
L
E
C
T
EATON ELEMENTARY
Existing Irrigation Area
136,635 SF
Proposed Brown Turf Area
3,455 SF
284
ST
E
L
L
I
N
G
R
D
PEPPER TREE LN
BA
R
B
A
R
A
L
N
BI
A
N
C
H
I
W
A
Y
FARIA ELEMENTARY
Existing Irrigation Area
133,740SF
285
XX
X
FR
A
N
C
O
C
T
FRANCO PARK
Existing Irrigation Area
3,597 SF
Proposed Brown Turf Area
1,103 SF
Limited Irrigation Area
2,494 SF
286
GREENLEAF DR
HA
L
E
P
L
GA
R
D
E
N
A
C
T
LAVINA CT
TAMARIND CT
GARDEN GATE ELEMENTARY
Existing Irrigation Area
107,246 SF
287
A
S
T
E
R
L
N
PROSPECT RD
WATERFORD DR
PR
I
M
R
O
S
E
W
A
Y
BARNHART PL
NEWCASTLE DR
LEEDS AVE
MAUREEN WAY
DONEGAL DR
S
T
E
L
L
I
N
G
R
D
GA
L
W
A
Y
D
R
ASTER CT
RO
S
E
G
A
R
D
E
N
L
N
HOOVER PARK
Existing Irrigation Area
194,928 SF
Proposed Brown Turf Area
57,503 SF
288
HY
D
E
A
V
E
MI
L
L
E
R
A
V
E
BOLLINGER RD
BR
O
O
K
G
R
O
V
E
L
N
DISNEY LN
WILLOWGROVE LN
ST
E
N
D
H
A
L
L
N
HYDE MIDDLE SCHOOL
Existing Irrigation Area
216,886 SF
289
ST
E
L
L
I
N
G
R
D
DUMAS DR
TU
S
C
A
N
Y
P
L
DE FOE DR
JOLLYMAN LN
HEATHERWOOD DR
E
L
D
E
R
W
O
O
D
C
T
OR
L
I
N
E
C
T
JO
L
L
Y
M
A
N
D
R
CO
L
O
N
Y
H
I
L
L
S
L
N
W
E
S
T
V
A
L
L
E
Y
F
W
Y
VE
R
N
I
E
C
T
JOLLYMAN PARK
Existing Irrigation Area
357,973 SF
Proposed Brown Turf Area
126,911 SF
290
BU
B
B
R
D
PRESIDIO DR
ROSARIO AVE
HYANNISPORT DR
EDWARD WAY
FO
R
T
B
A
K
E
R
D
R
MA
R
I
A
R
O
S
A
W
A
Y
LI
B
E
R
T
Y
C
T
RO
N
A
L
D
W
A
Y
OL
D
T
O
W
N
C
T
NE
W
H
A
V
E
N
C
T
PR
O
V
I
D
E
N
C
E
C
T
KENNEDY MIDDLE SCHOOL
Existing Irrigation Area
385,829 SF
Proposed Brown Turf Area
49,915 SF
291
PACIFICA DR
FA
R
A
L
L
O
N
E
D
R
RODRIGUES AVE
TO
R
R
E
A
V
E
NILE
D
R
TOWN CENTER LN
SOMERSET DR
PI
N
N
T
A
G
E
P
K
W
Y
WH
I
T
N
E
Y
W
A
Y
LAS ONDAS WAY
PARK GREEN LN
PACIFICA DR
LIBRARY / CIVIC CENTER
Existing Irrigation Area
184,421 SF
Proposed Brown Turf Area
78,482 SF
Limited Irrigation
9,014 SF
292
PRESIDIO DR
MCCLELLAN RD
IM
P
E
R
I
A
L
A
V
E
LINCOLN ELEMENTARY SCHOOL
Existing Irrigation Area
98,067 SF
293
LI
N
D
A
V
I
S
T
A
D
R
BAXLEY CT
EVULICH CT
LINDA VISTA PARK
Existing Irrigation Area
100,648 SF
Proposed Brown Turf Area
33,609 SF
294
MC
C
L
E
L
L
A
N
R
D
SC
E
N
I
C
C
I
R
R
A
E
L
N
MI
R
A
V
I
S
T
A
A
V
E
S
C
E
N
I
C
B
L
V
D
P
A
R
T
H
R
E
E
D
R
CLU
B
H
O
U
S
E
L
N
T
R
E
S
S
L
E
R
C
T
Existing Irrigation Area
59,085 SF
McClellan Ranch Community Gardens
295
ALVES DR
AN
T
O
N
W
A
Y
CHRISTENSEN DR
STEVENS CREEK BLVD
PATRIOT WAY
UN
I
T
E
D
P
L
XXX
SE
N
A
T
E
W
A
Y
CO
N
G
R
E
S
S
P
L
FRE
E
D
O
M
D
R
LA
U
R
E
T
T
A
D
R
FE
N
W
A
Y
C
T
Existing Irrigation Area
393,004 SF
Proposed Brown Turf Area
134,993 SF
MEMORIAL PARK / QUINLAN
Limited Irrigation
96,272 SF
296
VOSS AVE
FO
O
T
H
I
L
L
B
L
V
D
WOODRIDGE CT
ME
R
R
I
M
A
N
R
D
MC
K
L
I
N
T
O
C
K
L
N
ME
A
D
O
W
P
L
MARIANIST WAY
Existing Irrigation Area
138,769 SF
Proposed Brown Turf Area
19,117 SF
MONTA VISTA REC CENTER
Limited Irrigation Area
41,143 SF
297
OAK
V
A
L
L
E
Y
R
D
Existing Irrigation Area
3919 SF
Proposed Brown Turf Area
1,701 SF
OAK VALLEY PARK
Limited Irrigation Area
2,218 SF
298
YO
R
K
S
H
I
R
E
D
R
REGNART ELEMENTARY SCHOOL
Existing Irrigation Area
137,577 SF
Proposed Brown Turf Area
12,679 SF
299
M
A
D
E
R
A
D
R
JUNIPERO S
E
R
R
A
F
W
Y
STOK
E
S
A
V
E
F
L
O
R
E
N
C
E
D
R
Existing Irrigation Area
27,298 SF
Proposed Brown Turf Area
4865 SF
SOMMERSET SQUARE PARK
Limited Irrigation Area
22,443 SF
300
S
T
O
N
Y
D
A
L
E
D
R
AM
E
L
I
A
C
T
VARIAN WAY
RIVERCREST CT
Existing Irrigation Area
162,852 SF
Proposed Brown Turf Area
28,420 SF
STEVENS CREEK ELEMENTARY / VARIAN PARK
Limited Irrigation Area
65,445 SF
301
ST
E
R
L
I
N
G
B
L
V
D
BARNHART AVE
Existing Irrigation Area
2286 SF
Limited Irrigation Area
2286 SF
STERLING BARNHART PARK
302
RU
P
P
E
L
L
P
L
RAINBOW DR
MOLTZEN DR
CA
N
D
L
E
L
I
G
H
T
W
A
Y
SHADOWHILL LN
THREE OAKS PARK
Existing Irrigation Area
138,210 SF
Proposed Brown Turf Area
54,707 SF
Limited Irrigation Area
83,503 SF
303
LA MAR D
R
PRICE AVE
RODRIGUES AVE PO
R
T
A
L
A
V
E
PA
R
K
S
I
D
E
L
N
GL
E
N
V
I
E
W
A
V
E
LI
N
D
S
A
Y
A
V
E
LA
N
S
D
A
L
E
A
V
E
WINTERGREEN DR
HALL CT
MA
L
V
E
R
N
C
T
Existing Irrigation Area
303,096 SF
Proposed Brown Turf Area
68,715 SF
WILSON PARK
304
1
Attachment F
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING AN
ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER
15.32 OF TITLE 15 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO WATER CONSERVATION, PROHIBITED USES OF
WATER, AND REGULATIONS FOR WATER CONSERVATION
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), staff has determined that the provisions of this Ordinance are
exempt as a project intended to protect the environment and natural resources (14
Cal.Regs. 15307, 15308); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
approves such Statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.32 of Title 15 of the Cupertino Municipal Code is hereby
amended to be entitled, numbered, and to read as follows:
CHAPTER 15.32: WATER CONSERVATION
Section
15.32.010 Findings and determinations.
15.32.020 Definitions.
15.32.030 Prohibited Uses of Water.
15.32.040 Regulations for Restrictions on Water Use
305
2
15.32.050 Water Use at City Facilities
15.32.060 Exceptions for Public Health and Safety
15.32.070 Emergency suspension of water service.
15.32.080 Violation–Penalty.
15.32.010 Findings and Determinations.
A. A reliable supply of potable water is essential to the public health, safety, and
welfare of the people and economy of the City of Cupertino; and
B. Article X, Section 2 of the California Constitution declares that the general welfare
requires that the water resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or unreasonable
method of use of water be prevented, and that the conservation of such waters is to be
exercised with a view to the reasonable and beneficial use thereof in the interest of the
people and for the public welfare; and
C. Article XI, Section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
D. The Governor of the State of California and/or other State regulatory agencies such
as the State Water Resource Control Board may, as regional drought conditions
warrant, mandate water conservation measures; and
E. The Santa Clara Valley Water District, or other wholesale water supplier serving
the City of Cupertino, may implement water conservation goals specific to the
Cupertino area based upon drought stages identified in their Urban Water Management
Plan or in other declaration or action; and
F. San Jose Water Company, California Water Service Company, and any other
urban water suppliers in the City of Cupertino, will coordinate water conservation
measures with the Santa Clara Valley Water District and, depending on the severity of
a drought, may file with the California Public Utilities Commission specific water use
targets and/or budgets along with associated tariffs and enforcement measures,
consistent with its Water Shortage Contingency Plan to achieve state mandated water
use reductions that may affect City of Cupertino residents and businesses; and
306
3
G. The adoption and enforcement of water conservation regulations is essential to
minimize the effects of drought and shortage within the City and ensure a reliable and
sustainable minimum supply of water to protect public health, safety and welfare of
current and future community members and to protect the environment; and
H. The purpose of this Chapter is to establish water conservation measures that are
intended to alter behavior related to the use of water, reduce the consumption of water,
assure reasonable and beneficial use of water, prevent the waste of water, and
maximize the efficient use of water across the City of Cupertino.
15.32.020 Definitions.
As used in this chapter
A. “Customer” means any person who pays for service to receive potable water.
B. “Irrigation system” means the components of a system meant to apply water to an
area for the purpose of irrigation, including, but not limited to, piping, fittings,
sprinkler heads or nozzles, drip tubing, valves, and control wiring.
C. “Landscape” means all of the outdoor planting areas, turf areas, and water
features at a particular location.
D. “Person” means any individual, firm, partnership, association, corporation, trust,
governmental body or other organization or entity.
E. “Potable water” means water which conforms to the federal and state standards
for human consumption.
F. “Runoff” means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape onto other areas.
G. “Water” means potable water.
H. “Water feature” means a design element where open, artificially supplied water
performs an aesthetic or recreation feature, including, but not limited to, ponds,
lakes, waterfalls, fountains, and streams.
I. “Urban water supplier” means the California Water Service and/or San Jose Water
Company or any other urban water supplier as defined by Water Code Section
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10617, excluding wholesale suppliers, unless the wholesale supplier is functioning
in a retail capacity.
J. “Water district” means the Santa Clara Valley Water District or other wholesale
water supplier as defined by State law.
15.32.030 Prohibited Uses of Water.
To prevent water waste, the unreasonable use of water, and to promote water
conservation, each of the following actions are prohibited while using potable water:
A. No person shall waste water, including, but not limited to flooding or creating
runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures.
B. No person shall use a hose that dispenses potable water to wash vehicles,
including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not,
unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use.
C. No person shall waste water by failing to repair defective plumbing, sprinkler,
watering or irrigation systems.
D. No person shall use water for single pass cooling process for new building
construction.
15.32.040 Regulations for Restrictions on Water Use
A. The City Council may determine that additional restrictions on water use are
needed as a result of drought or other water supply conditions, to achieve
additional conservation goals, or for other public purposes. The City Council may
adopt Regulations Restricting Water Use.
B. The Regulations shall take effect as soon as practicable.
C. The Regulations shall remain in effect until the City Council repeals, modifies, or
amends them, or according to their own terms, whichever comes first.
D. The Regulations adopted pursuant to this chapter shall have the force and effect of
law.
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15.32.050 Water Use at City Facilities
The Director of Public Works or his/her designee may adopt and implement water
conservation measures at City facilities.
15.32.060 Exceptions for Public Health and Safety
The provisions of this Chapter do not apply to uses of water which are necessary to
protect public health or safety, for essential government services, such as police, fire,
and other similar emergency services, conveyance maintenance, or where necessary to
comply with the a term or condition in a permit issued by a State or federal agency.
15.32.070 Emergency Suspension of Water Service.
In the event of an emergency involving broken or defective plumbing, sprinkler,
watering or irrigation systems where, in the opinion of the Director of Public Works or
his/her designee, water is being or will be lost in considerable quantity, the City may
require that the urban water supplier immediately suspend water service without
notice or hearing to any customer pending repairs. The urban water supplier shall
attempt to give notice to the customer or customers affected as soon as practical.
Subject to other provisions of this Chapter, service shall be restored as soon as possible.
15.32.080 Violation–Penalty.
Any person who violates any provision of this Chapter or any regulation adopted
pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided in Chapter 1.12 of this code.
Section 2. If any section, subsection, subdivision, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by
any court of competent jurisdiction the validity of the remaining portion of this Chapter
shall not be affected thereby.
Section 3. This Ordinance shall become effective thirty days from the date of its
adoption.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
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* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
2nd day of June, 2015 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the _____ day of ___________, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING AN
ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER
15.32 OF TITLE 15 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO WATER CONSERVATION, PROHIBITED USES OF
WATER, AND REGULATIONS FOR WATER CONSERVATION
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), staff has determined that the provisions of this Ordinance are
exempt as a project intended to protect the environment and natural resources (14
Cal.Regs. 15307, 15308); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
approves such Statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.32 of Title 15 of the Cupertino Municipal Code is hereby
amended to be entitled, numbered, and to read as follows:
CHAPTER 15.32: WATER CONSERVATION
Section
15.32.010 Findings and determinations.
15.32.020 Definitions.
15.32.030 Prohibited Uses of WaterProhibitions on water use.
15.32.040 Regulations for Restrictions on Water Use
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15.32.050 Water Use at City Facilities
15.32.050 15.32.060 Exceptions for Public Health and Safety
15.32.070 Emergency suspension of water service.
15.32.080 Violation–Penalty.
15.32.010 Findings and Determinations.
A. A reliable supply of potable water is essential to the public health, safety, and
welfare of the people and economy of the City of Cupertino; andThe 1993 water supply
available to Santa Clara County markedly exceeds that of the previous six years of
droughts; and
B. Article X, Section 2 of the California Constitution declares that the general welfare
requires that the water resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or unreasonable
method of use of water be prevented, and that the conservation of such waters is to be
exercised with a view to the reasonable and beneficial use thereof in the interest of the
people and for the public welfareSince 1989, the citizens of Santa Clara County have
responded admirably to the mandatory water conservation programs requested and
implemented by the Board of Directors of the Santa Clara Valley Water District; and
C. Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances
and regulations not in conflict with general laws; and With continued good
conservation practices, implementation of ultra low flush toilet rebate and other
plumbing retrofit programs, further development and refinement of the water efficient
landscaping ordinances, landscape guidelines, reclamation projects, and other best
management practices, 1993 countywide conservation efforts are anticipated to result in
a ten percent to twenty percent reduction in water usage as compared to 1987 usage.
D. The Governor of the State of California and/or other State regulatory agencies such
as the State Water Resource Control Board may, as regional drought conditions
warrant, mandate water conservation measures; and
E. The Santa Clara Valley Water District, or other wholesale water supplier serving
the City of Cupertino, may implement water conservation goals specific to the
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Cupertino area based upon drought stages identified in their Urban Water Management
Plan or in other declaration or action; and
F. San Jose Water Company, California Water Service Company, and any other
urban water suppliers in the City of Cupertino, will coordinate water conservation
measures with the Santa Clara Valley Water District and, depending on the severity of a
drought, may file with the California Public Utilities Commission specific water use
targets and/or budgets along with associated tariffs and enforcement measures,
consistent with its Water Shortage Contingency Plan to achieve state mandated water
use reductions that may affect City of Cupertino residents and businesses; and
G. The adoption and enforcement of water conservation regulations is essential to
minimize the effects of drought and shortage within the City and ensure a reliable and
sustainable minimum supply of water to protect public health, safety and welfare of
current and future community members and to protect the environment; and
H. The purpose of this Chapter is to establish water conservation measures that are
intended to alter behavior related to the use of water, reduce the consumption of water,
assure reasonable and beneficial use of water, prevent the waste of water, and
maximize the efficient use of water across the City of Cupertino.
15.32.020 Definitions.
As used in this chapter
A. “Customer” means any person who pays for service to the Cupertino Municipal
Water Utilityreceive potable water.
B. “Irrigation system” means the components of a system meant to apply water to an
area for the purpose of irrigation, including, but not limited to, piping, fittings,
sprinkler heads or nozzles, drip tubing, valves, and control wiring.
C. “Landscape” means all of the outdoor planting areas, turf areas, and water
features at a particular location.
D. . “Person” means any individual, firm, partnership, association, corporation,
trust, governmental body or other organization or entity.
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E. “Potable water” means water which conforms to the federal and state standards
for human consumption.
F. “Runoff” means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape onto other areas.
G. “Water” means potable water.
H. “Water feature” means a design element where open, artificially supplied water
performs an aesthetic or recreation feature, including, but not limited to, ponds,
lakes, waterfalls, fountains, and streams.
I. “Urban Water water providersupplier” means the California Water Service and/or
San Jose Water Company or any other urban water supplier as defined by Water
Code Section 10617, excluding wholesale suppliers, unless the wholesale supplier
is functioning in a retail capacity. by State Law..
J. “Water district” means the Santa Clara Valley Water District or other wholesale
water supplier as defined by State law.
15.32.030 Prohibited Uses of WaterProhibition on Water Use.
To prevent water waste, the unreasonable use of water, and to promote water
conservation, each of the following actions are prohibited while using potable water:
The following water uses shall be prohibited throughout the City until such time as a
declaration is officially made by the Santa Clara Valley Water District that a drought
condition no longer exists within Santa Clara County.
A. No person shall waste water, including, but not limited to flooding or creating
runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures.
B. No person shall use a hose that dispenses potable water to wash vehicles,
including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not,
unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use.
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No person shall use water through a hose for washing motor vehicles or recreation
vehicles or other types of vehicles without a positive automatic shutdown valve on the
outlet end of the hose.
C. No person shall waste water by failing to repair through the non-repair of
defective plumbing, sprinkler, watering or irrigation systems.
D. No restaurant shall serve water unless specifically requested by a customer.
ED. No person shall use water for single pass cooling process for new building
construction.
F. New landscaping to conform to City’s Xeriscape Guidelines.
15.32.040 Regulations for Restrictions on Water Use
A. The City Council may determine that additional restrictions on water use are
needed as a result of drought or other water supply conditions, to achieve
additional conservation goals, or for other public purposes. The City Council may
adopt Regulations Restricting Water Use.
B. The Regulations shall take effect as soon as practicable.
C. The Regulations shall remain in effect until the City Council repeals, modifies, or
amends them, or according to their own terms, whichever comes first.
D. The Regulations adopted pursuant to this chapter shall have the force and effect of
law.
15.32.050 Water Use at City Facilities
The Director of Public Works or his/her designee may adopt and implement water
conservation measures at City facilities.
15.32.060 Exceptions for Public Health and Safety
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The provisions of this Chapter do not apply to uses of water which are necessary to
protect public health or safety, for essential government services, such as police, fire,
and other similar emergency services, conveyance maintenance, or where necessary to
comply with the a term or condition in a permit issued by a State or federal agency.
15.32.050 070 Emergency Suspension of Water Service.
In the event of an emergency involving broken or defective plumbing, sprinkler,
watering or irrigation systems where, in the opinion of the Director of Public Works
Director or his/her designee, water is being or will be lost in considerable quantity, the
City may require that the urban water supplier immediately suspend water service
without notice or hearing to any customer pending repairs. The urban water supplier
shall attempt to give notice to the customer or customers affected as soon as practical.
Subject to other provisions of this chapterChapter, service shall be restored as soon as
possible.
15.32.060 080 Violation–Penalty.
Any person who violates any provision of this chapter Chapter or any regulation
adopted pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12 of this code.
Section 2. If any section, subsection, subdivision, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by
any court of competent jurisdiction the validity of the remaining portion of this Chapter
shall not be affected thereby.
Section 3. This Ordinance shall become effective thirty days from the date of its
adoption.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
* * * * * * * *
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
2nd day of June, 2015 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the _____ day of ___________, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
317
ATTACHMENT H
1
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
REGULATIONS RESTRICTING WATER USE IN COMPLIANCE WITH THE STATE
WATER RESOURCES CONTROL BOARD’S MAY 5, 2015 EMERGENCY WATER
CONSERVATION REGULATIONS
WHEREAS, On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-
17-2014 declaring a State of Emergency to exist in California due to severe drought conditions
and calling on Californians to reduce their water usage by 20 percent; and
WHEREAS, On April 25, 2014, the Governor issued an Executive Order declaring a state of
emergency to exist in California based upon the drought conditions and strengthening the
state’s ability to manage water and directed the State Water Resources Control Board (Water
Board) under its authority in California Water Code Section 1058.5 to adopt emergency
regulations as it deems necessary to address water shortage conditions; and
WHEREAS, On July 15, 2014, the Water Board adopted California Code of Regulations, Title
23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in
California and imposing water conservation measures on individuals and water suppliers;
and
WHEREAS, On March 17, 2015, the Water Board readopted and expanded the emergency
regulations in California Code of Regulations, Title 23, Sections 863, 864, and 865. Section 864
applies to all Californians and prohibits certain activities in promotion of water conservatio n,
many of which are already required by the proposed amended Cupertino Municipal Code
15.32.030; and
WHEREAS, On May 5, 2015 the Water Board adopted 25% mandatory water conservation
regulations; and
WHEREAS, The City receives potable water from two urban water suppliers who, in turn,
receive the majority of their water from the Santa Clara Valley Water District (Water District).
The Water District has requested a 30% voluntary water consumption reduction in response
to the drought and their determination of available supplies in the regional water system.
The Water Board has set 32% and 20% as water conservation requirements for Cupertino ’s
two urban water suppliers. The City further demonstrates its commitment by responding to
Water District’s voluntary water consumption reduction request and achieved an
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ATTACHMENT H
2
approximate 17% reduction in City operation water use in 2014 relative to 2013 and
establishes a 30% City operation reduction requirement for 2015 relative to 2013; and
WHEREAS, The City supports the Water District’s efforts to encourage conservation, with an
emphasis on outdoor water use, to the extent it may do so within the context the Cupertino
Municipal Code; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, the Council declares that the present year has been critically dry and has been
preceded by prior dry years; and
WHEREAS, the Council determines that regulations are necessary to promote further
conservation efforts during this critical time of drought; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308);
The Council of the City of Cupertino RESOLVES as follows:
SECTION 1. Regulations
A. Attachment A, “2015/16 Regulations Restricting Water Use” is hereby adopted in
compliance with the Water Board’s May 5, 2015 emergency drought regulations (Attachment
B) and incorporated.
SECTION 2. Council directs the City Manager to establish an implementation process for
2015/16 Water Use Regulations by August 1, 2015.
SECTION 3. The 2015/16 Regulation Restricting Water Use will remain in effect for the time
period specified in Water Board Resolution No. 2015-0013, or as extended by the Water
Board.
SECTION 4. Council directs staff to further promote water conservation by coordinating
educational outreach with urban water suppliers and the Water District to ensure that
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ATTACHMENT H
3
Cupertino customers fully understand drought restrictions and receive a consistent
conservation message within the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this day of June, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
320
ATTACHMENT H
4
ATTACHMENT A
2015/16 REGULATIONS RESTRICTING WATER USE
Moderate to exceptional drought conditions continue throughout California even though much of the
State has received above average rainfall to date, including Santa Clara County. The March 2015 U.S.
Drought Monitor reports that most of Santa Clara County is now “Extreme” drought severity,
worsened from the previous “Severe” drought stage reported in February 2015.Water stored as
snowpack in Sierras is also at a record low15% of average for April 1st. This impacts the replenishment
of groundwater in many areas throughout the State and is the source of about 55% of the water used by
residents and businesses of Cupertino.
Implementation of individual regulations shall be carried out at the direction of the City Council, in
response to its assessment of local water supply conditions, feasibility, and consumption trends. The
Council may, in its discretion, opt to revise, delete or include different elements than those described
below, so long as the restrictions implemented serve the overall purpose of reducing local
consumption.
Article XI, Section 7 of the California Constitution declares that a city or county may make and
enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict
with general laws. Pursuant to this power, the City Council of the City of Cupertino adopts the
following Regulations in addition to any requirements set forth in Cupertino Municipal Code Chapter
15.32. These regulations are effective August 1, 2015 through March 1, 2016, or until repealed by
Council, whichever comes first.
Section A:
To prevent the waste and unreasonable use of water and to promote water conservation, the following
acts are prohibited, except where necessary to address an immediate health and safety need:
1. The application of potable water to driveways and sidewalks;
2. The use of potable water in a fountain or other decorative water feature, except where the water
is part of a re-circulating system;
3. The application of potable water to outdoor landscapes during and within 48 hours after
measurable rainfall;
4. The serving of drinking water other than upon request in eating or drinking establishments,
including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places
where food or drink are served and/or purchased;
5. The irrigation with potable water of ornamental turf on public street medians;
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ATTACHMENT H
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6. The irrigation with potable water of landscapes outside of newly constructed homes and
buildings in a manner inconsistent with regulations or other requirements established by the
California Building Standards Commission and the Department of Housing and Community
Development.
7. Operators of hotels and motels shall provide guests with the option of choosing not to have
towels and linens laundered daily. The hotel or motel shall prominently display notice of this
option in each guestroom using clear and easily understood language.
8. Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than
two days per week.
9. Other restrictions on use of potable water as prescribed from time to time by the Water Board
or other governing body or agency.
10. None of the restrictions apply to the use of recycled or grey water. These restrictions also shall
not apply to commercial nurseries, golf courses, or other water-dependent businesses, unless
specifically included by the Water Board or other governing body or agency.
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ATTACHMENT H
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ATTACHMENT B
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2015-0032
TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order (April 2014
Proclamation) to strengthen the State’s ability to manage water and habitat effectively in drought
conditions, and called on all Californians to redouble their efforts to conserve water. The April 2014
Proclamation finds that the continuous severe drought conditions present urgent challenges across
the State, including water shortages in communities and for agricultural production, increased
wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water
scarcity, if drought conditions continue into 2015. The April 2014 Proclamation also suspends the
environmental review required by the California Environmental Quality Act to allow the emergency
regulation and other actions to take place as quickly as possible;
2. The April 2014 Proclamation refers to the Governor’s Proclamation No. 1-17-2014, issued on
January 17, 2014, declaring a drought State of Emergency to exist in California due to severe drought
conditions (January 2014 Proclamation). The January 2014 Proclamation finds that dry conditions and
lack of precipitation present urgent problems to drinking water supplies and cultivation of crops, which
put farmers’ long-term investments at risk. The conditions also threaten the survival of animals and
plants that rely on California’s rivers, including many species in danger of extinction. The January
2014 Proclamation also calls on all Californians to reduce their water usage by 20 percent;
3. On December 22, 2014, in light of the continued lack of rain, Governor Brown issued Executive
Order B-28-14, which extends the California Environmental Quality Act suspension through May 31,
2016 for Water Code section 13247 and certain activities identified in the January 2014 and April
2014 proclamations;
4. On April 1, 2015, Governor Brown issued a new Executive Order that directs the State Water Board
to impose restrictions on urban water suppliers to achieve a statewide 25 percent reduction in potable
urban usage through February 2016; require commercial, industrial, and institutional users to
implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public
street medians; and prohibit irrigation with potable water outside newly constructed homes and
buildings that is not delivered by drip or microspray systems; along with other directives;
5. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency
regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is not available under the diverter’s
priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports”;
6. On July 15, 2014, the State Water Board adopted an emergency regulation to support water
conservation (Resolution No. 2014-0038), and that regulation became effective July 28, 2014 upon
approval by the Office of Administrative Law (OAL);
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ATTACHMENT H
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7. On March 17, 2015, the State Water Board amended and readopted the emergency regulation to
support water conservation (Resolution No. 2015-0013), which became effective March 27, 2015
upon approval by OAL;
8. The current emergency regulation has supported Californians’ water conservation efforts, with over
125 billion gallons saved from August 2014 through March 2015; however, statewide water use is only
nine percent less than the same months in 2013. Achieving a 25 percent reduction in use will require
even greater conservation efforts across the state. In particular, many communities must dramatically
reduce their outdoor water use;
9. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping.
Outdoor water use is generally discretionary, and many irrigated landscapes will survive while
receiving a decreased amount of water;
10. Although urban water suppliers have placed restrictions on outdoor watering, the State Water
Board continues to receive reports of excessive outdoor water use;
11. Water conservation is the easiest, most efficient and most cost-effective way to quickly reduce
water demand and extend supplies into the next year, providing flexibility for all California
communities. Water saved this summer is water available later in the season or next year, reducing
the likelihood of even more severe water shortages should the drought continue;
12. Education and enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is reduced or
eliminated;
13. Public information and awareness is critical to achieving conservation goals, and the Save Our
Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of
California Water Agencies, is an excellent resource for conservation information and messaging that
is integral to effective drought response (http://saveourwater.com);
14. Many California communities are facing social and economic hardship due to this drought. The
rest of us can make adjustments to our water use, including landscape choices that conserve even
more water;
15. The California Constitution declares, at article X, section 2, that the water resources of the state
must be put to beneficial use in a manner that is reasonable and not wasteful. Relevant to the current
drought conditions, the California Supreme Court has clarified that “what may be a reasonable
beneficial use, where water is present in excess of all needs, would not be a reasonable beneficial
use in an area of great scarcity and great need. What is a beneficial use at one time may, because of
changed conditions, become a waste of water at a later time.” (Tulare Dist. v. Lindsay Strathmore
Dist. (1935) 3 Cal.2d 489, 567.) In support of water conservation, the legislature has, through Water
Code section 1011, deemed reductions in water use due to conservation as equivalent to reasonable
beneficial use of that water. Accordingly, this regulation is in furtherance of article X, section 2 during
this drought emergency. This temporary emergency regulation is not to be used in any future
administrative or judicial proceedings as evidence or finding of waste and unreasonable use of any
individual water user or water supplier subject to this regulation, and are not to affect or otherwise limit
any rights to water conserved under applicable law, including without limitation, water conserved
consistent with Water Code section 1011;
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16. Directive two of the Governor’s April 1, 2015 Executive Order directs the State Water Board to
consider the relative per capita usage of each urban water supplier’s service area and require that
areas with high per capita use achieve proportionally greater reductions than areas with low per capita
use;
17. On April 7, 2015, the State Water Board issued a draft framework proposing increasing levels of
required water reduction based upon residential per capita per day use (R-GPCD) for the proposed
regulation, and solicited public comments. The Board received over 300 comments on the framework,
primarily relating to the levels of required water reduction;
18. On April 18, the State Water Board issued draft regulatory language for public comment based on
the April 7 framework and the comments received. The draft regulatory language reflected careful
consideration of all comments including those directed at the levels of required reduction. Again, the
Board received close to 300 comments;
19. On April 28, 2015, the State Water Board issued a final version of draft regulatory language for
comment, followed on April 29 by a formal public notice that it would consider the adoption of the
emergency regulation at the Board’s regularly-scheduled May 5 and 6, 2015 public meeting, in
accordance with applicable State laws and regulations. The State Water Board also distributed for
public review and comment a Finding of Emergency that complies with State laws and regulations;
20. As discussed above, the State Water Board is adopting the emergency regulation because of the
continuing emergency drought conditions, the need for prompt action to prevent the waste and
unreasonable use of water and to promote conservation, and the specific actions called for in the
Governor’s April 1, 2015 Executive Order; and
21. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local
agency from exercising its authority to adopt more stringent conservation measures. Moreover, the
Water Code does not impose a mandatory penalty for violations of the regulation adopted by this
resolution, and local agencies retain the enforcement discretion in enforcing the regulation to the
extent authorized. Local agencies are encouraged to develop their own progressive enforcement
practices to promote conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 866 and re-adopts
sections 863, 864,and 865, as appended to this resolution as an emergency regulation;
2. State Water Board staff will submit the regulation to OAL for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines
that minor corrections to the language of the regulation or supporting documentation are needed for
clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee
may make such changes;
4. This regulation shall remain in effect for 270 days after filing with the Secretary of State unless the
State Water Board determines that it is no longer necessary due to changed conditions, or unless the
State Water Board renews the regulation due to continued drought conditions as described in Water
Code section 1058.5;
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ATTACHMENT H
9
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulation and its effect. These updates shall include information
regarding the progress of the Building Standards Commission, Department of Housing and
Community Development, and other state agencies in the adoption and implementation of emergency
regulations or other requirements that implement increased outdoor irrigation efficiency for new
construction. These regulations and other requirements will extend existing efficiency standards for
new construction to the outdoor environment and ensure that California’s new homes are constructed
to meet the growing demand with the most efficient standards;
6. The State Water Board directs staff to condition funding upon compliance with the emergency
regulation, to the extent feasible;
7. The State Water Board directs staff to work with DWR and the Save Our Water campaign to
disseminate information regarding the emergency regulation; and
8. The State Water Board directs staff to update the electronic reporting portal to include data fields
for the new reporting required by the emergency regulation.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board shall work with DWR, the Public Utilities Commission, and other agencies
to support urban water suppliers’ actions to implement rates and pricing structures to incent additional
conservation, as required by directive eight in the Governor’s April 1, 2015 Executive Order. The
Fourth District Court of Appeal’s recent Decision in Capistrano Taxpayer Association Inc. v. City of
San Juan Capistrano (G048969) does not foreclose the use of conservation-oriented rate structures;
10. The State Water Board calls upon water suppliers to:
a. ensure that adequate personnel and financial resources exist to implement conservation
requirements not only for 2015, but also for another year of drought should it occur. Water
suppliers that face budget shortfalls due to reduced sales should take immediate steps to raise
necessary revenues in a way that actively promotes continued conservation;
b. expedite implementation of new conservation programs by minimizing internal review periods
and utilizing emergency authorities, as appropriate;
c. consider the relative water use and conservation practices of their customers and target those
with higher water use to achieve proportionally greater reductions than those with low use;
d. minimize financial impacts to low-income customers;
e. preserve safe indoor water supplies in areas with very low R-GPCD and where necessary to
protect public health and safety;
f. promote low-water use methods of preserving appropriate defensible space in fire-prone areas,
consistent with local fire district requirements;
g. educate customers on the preservation of trees;
326
ATTACHMENT H
10
h. promote on-site reuse of water; and
i. promptly notify staff of the supplier’s need for an alternate method of compliance pursuant to
resolved paragraph 16.
11. The State Water Board calls upon all businesses within California’s travel and tourism sectors to
inform visitors of California’s dire drought situation and actions visitors should take to conserve water;
12. The State Water Board commends wholesale water agencies that have set aggressive
conservation targets for their retail water suppliers;
13. The State Water Board commends water suppliers that have made investments to boost drought-
resistant supplies, such as advanced treated recycled water and desalination. Those investments help
to make communities more resilient in the face of drought;
14. The State Water Board commends the many water suppliers that have already surpassed their
20x2020 conservation targets. Long-term conservation efforts are critical to maintaining economic and
social well-being, especially in light of the impacts of climate change on California’s hydrology;
15. During this drought emergency, heightened conservation that extends urban resilience is
necessary. The State Water Board’s focus is primarily on immediate reductions in outdoor water use.
Some short-term conservation efforts, such as landscape conversions and installation of efficient
appliances, will also support long-term conservation objectives, and are encouraged wherever
possible;
16. The State Water Board recognizes that some commercial and industrial customers, while
accounting for a significant portion of total use in a service area, have already taken steps to
significantly reduce their water consumption and cannot further reduce their use without substantial
impacts. However, the Board also recognizes that in many areas there are significant opportunities for
reductions in water use by industries and commercial enterprises that have yet to take action,
especially those with large areas of non-functional turf. The Board directs staff to respond promptly
upon receipt of any request for alternate enforceable methods of compliance. If the supplier believes
the conservation standard is unachievable due to firm commercial and industrial water use
and residential use reductions that would affect public health and safety, it should provide any
supporting information or documentation for an alternate method of compliance; and
17. Some water suppliers have called for further refinement of the tiers to reflect a range of factors
that contribute to water use, including but not limited to temperature, lot size, and income. Others
have called for an approach that provides greater recognition for early investments in conservation,
the development of local, drought resistant water supplies, and health and safety needs. These
suggestions and many others are important considerations in the development of a more
comprehensive, and long term, conservation framework. The State Water Board directs staff to work
with stakeholders on a thoughtful process to devise options for extended and expanded emergency
regulations should the drought continue into 2016.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct
copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control
Board held on May 5, 2015.
327
ATTACHMENT H
11
AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D’Adamo
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board 1
328
ATTACHMENT H
12
ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation.
Sec. 863. Findings of Drought Emergency.
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the
California Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the
California Emergency Services Act based on continued drought conditions;
(3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to
impose restrictions on water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and
institutional users to implement water efficiency measures; prohibit irrigation with potable water of
ornamental turf in public street medians; and prohibit irrigation with potable water outside newly
constructed homes and buildings that is not delivered by drip or microspray systems;
(4) The drought conditions that formed the basis of the Governor’s emergency proclamations continue to
exist;
(5) The present year is critically dry and has been immediately preceded by two or more consecutive
below normal, dry, or critically dry years; and
(6) The drought conditions will likely continue for the foreseeable future and additional action by both
the State Water Resources Control Board and local water suppliers will likely be necessary to prevent
waste and unreasonable use of water and to further promote conservation.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 864. End-User Requirements in Promotion of Water Conservation.
(a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the
following actions is prohibited, except where necessary to address an immediate health and safety need or
to comply with a term or condition in a permit issued by a state or federal agency:
(1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water
flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots,
or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is
fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately
when not in use;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature, except where the water is
part of a recirculating system;
(5) The application of potable water to outdoor landscapes during and within
48 hours after measurable rainfall;
(6) The serving of drinking water other than upon request in eating or drinking establishments, including
but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink
are served and/or purchased;
(7) The irrigation with potable water of ornamental turf on public street medians; and
329
ATTACHMENT H
13
(8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in
a manner inconsistent with regulations or other requirements established by the California Building
Standards Commission and the Department of Housing and Community Development.
(a) To promote water conservation, operators of hotels and motels shall provide guests with the option
of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display
notice of this option in each guestroom using clear and easily understood language.
(b) Immediately upon this subdivision taking effect, all commercial, industrial and institutional
properties that use a water supply, any portion of which is from a source other than a water supplier
subject to section 865, shall either:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than
two days per week; or
(2) Reduce potable water usage supplied by sources other than a water supplier by 25 percent for
the months of June 2015 through February 2016 as compared to the amount used from those
sources for the same months in 2013.
(c) The taking of any action prohibited in subdivision (a) or the failure to take any action required in
subdivisions (b) or (c), is an infraction, punishable by a fine of up to five hundred dollars ($500) for
each day in which the violation occurs. The fine for the infraction is in addition to, and does not
supersede or limit, any other remedies, civil or criminal.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617, Water Code; Light v.
State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 865. Mandatory Actions by Water Suppliers.
(a) As used in this section:
(1) “Distributor of a public water supply” has the same meaning as under section 350 of the Water
Code, except it does not refer to such distributors when they are functioning solely in a wholesale
capacity, but does apply to distributors when they are functioning in a retail capacity.
(2) “R-GPCD” means residential gallons per capita per day.
(3) “Total potable water production” means all potable water that enters into a water supplier’s
distribution system, excluding water placed into storage and not withdrawn for use during the reporting
period, or water exported outsider the supplier’s service area.
(4) “Urban water supplier” means a supplier that meets the definition set forth in Water Code section
10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity,
but does apply to suppliers when they are functioning in a retail capacity.
(b) In furtherance of the promotion of water conservation each urban water supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a
leak may exist within the end-user’s exclusive control.
(2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a
monitoring report on forms provided by the Board. The monitoring report shall include the amount of
potable water the urban water supplier produced, including water provided by a wholesaler, in the
preceding calendar month and shall compare that amount to the amount produced in the same calendar
month in 2013. The monitoring report shall specify the population served by the urban water supplier,
the percentage of water produced that is used for the residential sector, descriptive statistics on water
conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is
allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall
also estimate the gallons of water per person per day used by the residential customers it serves.
330
ATTACHMENT H
14
(c) (1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor’s
April 1, 2015 Executive Order, each urban water supplier shall reduce its total potable water production
by the percentage identified as its conservation standard in this subdivision. Each urban water
supplier’s conservation standard considers its service area’s relative per capita water usage.
(2) Each urban water supplier whose source of supply does not include groundwater or water imported
from outside the hydrologic region in which the water supplier is located, and that has a minimum of
four years’ reserved supply available may, submit to the Executive Director for approval a request that,
in lieu of the reduction that would otherwise be required under paragraphs (3) through (10), the urban
water supplier shall reduce its total potable water production by 4 percent for each month as compared
to the amount used in the same month in 2013. Any such request shall be accompanied by information
showing that the supplier’s sources of supply do not include groundwater or water imported from
outside the hydrologic region and that the supplier has a minimum of four years’ reserved supply
available.
(3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall
reduce its total potable water production by 8 percent for each month as compared to the amount used
in the same month in 2013.
(4) Each urban water supplier whose average July-September 2014 R-GPCD was 65 or more but less
than 80 shall reduce its total potable water production by 12 percent for each month as compared to the
amount used in the same month in 2013.
(5) Each urban water supplier whose average July-September 2014 R-GPCD was 80 or more but less
than 95 shall reduce its total potable water production by 16 percent for each month as compared to the
amount used in the same month in 2013.
(6) Each urban water supplier whose average July-September 2014 R-GPCD was 95 or more but less
than 110 shall reduce its total potable water production by 20 percent for each month as compared to
the amount used in the same month in 2013.
(7) Each urban water supplier whose average July-September 2014 R-GPCD was 110 or more but less
than 130 shall reduce its total potable water production by
24 percent for each month as compared to the amount used in the same month in 2013.
(8) Each urban water supplier whose average July-September 2014 R-GPCD was 130 or more but less
than 170 shall reduce its total potable water production by
28 percent for each month as compared to the amount used in the same month in 2013.
(9) Each urban water supplier whose average July-September 2014 R-GPCD was 170 or more but less
than 215 shall reduce its total potable water production by
32 percent for each month as compared to the amount used in the same month in 2013.
(10) Each urban water supplier whose average July-September 2014 R-GPCD was 215 or more shall
reduce its total potable water production by 36 percent for each month as compared to the amount used
in the same month in 2013.
(d) (1) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard
specified in subdivision (c).
(2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a
cumulative basis.
(e) (1) Each urban water supplier that provides potable water for commercial agricultural use meeting the
definition of Government Code section 51201, subdivision (b), may subtract the amount of water
provided for commercial agricultural use from its potable water production total, provided that any
urban water supplier that subtracts any water provided for commercial agricultural use from its total
potable water production shall:
331
ATTACHMENT H
15
(A) Impose reductions determined locally appropriate by the urban water supplier, after considering
the applicable urban water supplier conservation standard specified in subdivision (c), for
commercial agricultural users meeting the definition of Government Code section 51201,
subdivision (b) served by the supplier;
(B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total
amount of water supplied for commercial agricultural use, and shall identify the reduction imposed
on its commercial agricultural users and each recipient of potable water for commercial agricultural
use;
(C) Certify that the agricultural uses it serves meet the definition of Government Code section
51201, subdivision (b); and
(D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the
April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is
subtracted from its total potable water production. (2) Submitting any information pursuant to
subdivision (e)(1)(B) or (C) of this section that is found to be materially false by the board is a
violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for
each day in which the violation occurs. Every day that the error goes uncorrected constitutes a
separate violation. Civil liability for the violation is in addition to, and does not supersede or limit,
any other remedies, civil or criminal.
(f) (1) To prevent waste and unreasonable use of water and to promote water conservation, each distributor
of a public water supply that is not an urban water supplier shall take one or more of the following
actions:
(A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it
serves to no more than two days per week; or
(B) Reduce by 25 percent reduction its total potable water production relative to the amount
produced in 2013.
(2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by
December 15, 2015, on a form provided by the Board, that either confirms compliance with subdivision
(f)(1)(A) or identifies total potable water production, by month, from June through November, 2015,
and total potable water production, by month, for June through November 2013.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water
Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 866. Additional Conservation Tools.
(a) (1) To prevent the waste and unreasonable use of water and to promote conservation, when a water
supplier does not meet its conservation standard required by section 865 the Executive Director, or the
Executive Director’s designee, may issue conservation orders requiring additional actions by the
supplier to come into compliance with its conservation standard.
(2) A decision or order issued under this article by the board or an officer or employee of the board is
subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of
division 2 of the California Water Code.
(b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or
commercial, industrial or institutional properties that receive any portion of their supply from a source
other than a water supplier subject to section 865, to submit additional information relating to water
production, water use or water conservation. The failure to provide the information requested within 30
days or any additional time extension granted is a violation subject to civil liability of up to$500 per
day for each day the violation continues pursuant to Water Code section 1846.
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ATTACHMENT H
16
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122,
1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.App.4th 1463.
333
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0806 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:3/31/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Brush abatement for public nuisance and potential fire hazard
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Email from SCC Fire Department
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Brush abatement for public nuisance and potential fire hazard
Remove this item from the agenda since no parcels are on the list
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
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.
Discussion
On May 5, 2015, Council adopted Resolution No. 15-033 declaring brush to be a public
nuisance and potential fire hazard and setting a hearing date of June 2 to consider any
objections of property owners to the proposed removal of brush.
Santa Clara County Fire Department informed the City Clerk’s office that there were no
outstanding parcels in Cupertino this year making a hearing unnecessary.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Email from SCC Fire Department
335
From:Julie Linney
To:Kirsten Squarcia
Subject:2015 WUI Inspections - Cupertino
Date:Thursday, May 21, 2015 4:20:14 PM
Hi Kirsten,
As I stated in my voicemail, all the parcels that we inspected this year have complied
with the Wildland-Urban Interface Fire Area safety regulations. Again, I assume we
will not be required to attend the City Council Meeting on June 2nd. If this is not the
case, please let me know ASAP. If you have any questions, please feel free to
contact me at your earliest convenience.
Thank You
Julie Linney
Acting Assistant Fire Marshal
SANTA CLARA COUNTY FIRE DEPARTMENT
14700 Winchester Blvd.
Los Gatos, CA 95032-1818
(408) 341-4442
www.sccfd.org
336
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0818 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/7/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Consider cancelling meeting(s) in the summer
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Consider cancelling meeting(s) in the summer
Provide direction to staff
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Consider cancelling meeting(s) in the summer.
Recommended Action
Provide direction to staff.
Discussion
It has been past City Council practice to cancel one or two meetings during the summer
to accommodate Council members’ vacation plans. When considering which meeting(s)
to cancel, please take note of the following:
Weed abatement lien assessment must be approved no earlier than July 7 and no
later than August 4
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
338
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0876 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:5/12/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Annual Report on the Pavement Management Program (postponed from May 5)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Proposed Pavement Projects FY15/16
B - Completed / Scheduled Pavement Projects FY14/15
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Annual Report on the Pavement Management Program (postponed from May 5)
Receive the report. No action is required.
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 2, 2015
Subject
Annual Report on the Pavement Management Program.
Recommended Action
Receive the report. No action is required.
Discussion
At a current estimated replacement value of approximately $340 million, the street
network is one of the City’s largest valued assets. Pavement maintenance funding prior
to FY13/14 averaged $2.45 million per year. This level of funding was minimally
sufficient to maintain arterial and collector streets and insufficient to maintain
residential streets. As a result, the condition of residential streets declined and the
deferred maintenance costs to improve residential streets increased annually. In fiscal
years 13/14 and 14/15, pavement maintenance funding was increased to 3.85 million
and 16 million respectively. Budget expended to date has provided for significant
improvement to the street network with approximately fifty-five percent of the funds
allocated to residential streets and the remainder to arterial and collector streets.
In 2014, the City received a grant from the Metropolitan Transportation Commission
(MTC) to survey the street network condition and to update other attributes of the
street network into the MTC-provided software, StreetSaver. This work has been
completed and an updated status of our street network has been produced. The
pavement condition index (PCI) of the overall street network has increased from a
November 2012 value of 64 to a November 2014 value of 67. This 3 point increase is
significant and is an accurate representation of the condition of the street network after
all FY14/15 asphalt improvements. According to the 2013 Regional Pavement Condition
Summary Report published by the MTC in November 2014, a PCI of 67 ranks our
network as 47th out of 109 Bay Area jurisdictions. Our neighboring cities of Los Altos,
Santa Clara and Sunnyvale, each have a PCI of 83, 77 and 80 respectively.
340
2
Figure 1 shows cumulative network PCI and PCI values for arterial, collector and
residential streets for the last five years.
Figure 1
82
68 67
59 60 61
71
67
77 75 77 78
69
64 64
50
55
60
65
70
75
80
85
90
95
100
20112012201320142015
Pa
v
e
m
e
n
t
C
o
n
d
i
t
i
o
n
I
n
d
e
x
Arterial
Collector
Residential
Network PCI
As shown in figure 1, arterial and collector streets are in Very Good and Good conditions,
respectfully, with a PCI of 82 and 77. Residential streets remain in Fair condition at a PCI of 61.
The street network PCI of 67 is calculated be weighting the areas of arterial, collector
and residential streets to the total combined area. Figure 2 represents the percent of
total network by arterial, collector and residential streets.
Figure 2
Collector, 16.9%
Arterial, 12.2%
Residential, 70.9%
Residential streets represent the largest portion at 70.2% of the total area. The
consequence of residential streets being the largest portion of the street network is their
PCI value will have the greatest contribution to the cumulative street network PCI.
Until the residential streets are improved, the street network PCI will remain in only
good condition and deferred maintenance costs will increase. Staff’s goal is to direct up
to 90% of new pavement funding exclusively to residential streets. The very good
condition of arterial and collector streets makes this goal achievable.
341
3
As part of mid-year budget adjustments in March 2015, Council approved a street
maintenance budget of $7.5 Million. This strategy to approve increased funding in FY
14/15 was to allow early advertisement of construction contracts and attract more
competitive bids than may be received later in the spring or summer when all other
cities are advertising.
Budget Options Report
The StreetSaver program provides the ability to run various budget scenarios. Based on
a series of assumptions, StreetSaver allocates available funds across the street network,
recommends improvements, and forecasts future PCI if recommendations are
implemented. Staff periodically updates values in StreetSaver in order to align current
costs with the type of pavement treatment recommended at various PCI values. For
example, a residential PCI of 25 typically requires spot repairs and a 2.5” asphalt
overlay with paving fabric, while a street with a PCI of 75 will require a much less
costly preventative slurry treatment.
The funding scenarios detailed below are a 5-year look-ahead and provide useful “what
if” information on expected PCI and deferred maintenance values that may occur at
varying levels of funding. All scenarios include an actual budget of $7.5M for year
2015. This first year level of funding is expected to raise average network PCI from 67
to 70 by the end of 2015.
Scenario 1 Revenue only years 2016 and beyond
This scenario funds FY15/16 at $7.5M and then decreases funding to $2.1M annually for
years 2 – 5. The required annual funding to achieve this scenario and the resulting PCI
is as follows:
$7.5 Million 2015,
$2.1 Million 2016-2019
Deferred maintenance increases from $21.4M up to $29.5M
PCI value at end of 2019 is 66
Scenario 2 Maintain PCI after year 1
This scenario funds FY15/16 at $7.5M and then decreases funding to maintain a PCI of
70 for years 2-5. The required annual funding to maintain PCI at 70 is as follows:
$7.5 million first year
$4.0 2016-2019
Deferred maintenance increases from $21.4M up to $22.2
PCI value at end of 2019 is 70
342
4
Scenario 3 Raise PCI to 74 by 2019
This scenario funds FY15/16 at $7.5M and then provides for more timely preventative
maintenance as compared to previous scenarios. The required annual funding to
achieve this scenario and the resulting PCI is as follows:
$7.5 million first year
$5.7 million per year 2016-2019
Deferred maintenance decreases from $21.4M down to $15.2
PCI value at end of 2019 is 74
Scenario 4 Raise PCI to 80 by 2019
This scenario funds FY15/16 at $7.5M and then significantly decreases the deferred
maintenance. The required annual funding to achieve this scenario is as follows:
$7.5 million first year
$8.3 million per year 2016-2019
Deferred maintenance decreases from $21.4M down to $4.6
PCI value at end of 2019 is 80
In this last scenario, arterial, collector and residential street areas on average will all
have a PCI of 80 or above. Having the average PCI of arterial, collector and residential
streets all above 80 allows staff to apply timely and cost-effective preventative
treatments as they are needed, resulting in significant savings over time.
2015/16 Pavement Management Projects
The 2015 Pavement Maintenance Project – Phase I opened on April 30th and is scheduled
to start the week of June 15th. The Phase II project is out to bid with a scheduled bid
opening date of June 2nd, with improvements beginning this September. A street-by-
street listing of these projects is included in Attachment A and will be available for
residents to view online, as will the current PCI values for all streets. Streets completed
in FY13/14 project are included as Attachment B.
Note that the street listing in Attachment A may be modified as project costs are
confirmed through competitive bidding, coordination with utility companies occur, or
as unforeseen conditions arise.
Sustainability Impact
Not applicable.
343
5
Fiscal Impact
Significant funding for the Pavement Management program was approved with the FY
14/15 mid-year budget adjustment. Additional funding will be requested in the FY 15/16
proposed budget. There is no fiscal impact for this annual report.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
JoAnne Johnson, Senior Engineer Technician
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Proposed Pavement Projects FY15/16
B – Completed / Scheduled Pavement Projects FY14/15
344
FY 15/16 PROPOSED PAVEMENT MAINTENANCE PROJECTS
STREET LIST
ATTACHMENT A
STREET NAME FROM TO TREATMENT TYPE
ALCAZAR AVE BYRNE IMPERIAL AV.LEVELING
ALMADEN AVE ORANGE BYRNE LEVELING
ALPINE DR HENEY CREEK FOOTHILL OVERLAY
AMULET PL AMULET DR END OVERLAY
AUGUST LN SEPTEMBER END OVERLAY
AVENIDA LN ALCALDE RD END OVERLAY
BALUSTROL CT DEEP CLIFF END OVERLAY
BELLEVUE AVE CARMEN END LEVELING
BERLAND CT STELLING END SLURRY/CRACK SEAL
BLANEY AVE OLIVEWOOD 250' S/O OLIVEWOOD OVERLAY
BLANEY AVE LUCILLE OLIVEWOOD OVERLAY
BOLLINGER RD MILLER HYDE STRIPING ENCHANCEMENTS
BRET AVE TILSON LOREE OVERLAY
BREWER AVE MILFORD DEXTER OVERLAY
BROOKWELL DR ALDERBROOK ALDERBROOK OVERLAY
BUBB STEVENS CREEK MCCLELLAN STRIPING ENCHANCEMENTS
BYRNE AVE MCCLELLAN GRANADA LEVELING
BYRNE AVE GRANADA BYRNE CT SLURRY SEAL
BYRNE CT BYRNE AVE END LEVELING
CALIFORNIA OAK WY STEVENS CREEK MAJESTIC OAK OVERLAY
CALVERT DR TILSON MENHART OVERLAY
CARMEN RD SCENIC END HOO HOO LEVELING
CEDAR TREE CT CEDAR TREE END OVERLAY
CEDAR TREE LN ORANGE TREE BLANEY OVERLAY
CHARSAN LN RAINBOW END SLURRY/CRACK SEAL
CHISHOLM AVE DEXTER MILFORD OVERLAY
COLBY AVE WHEATON MERRITT OVERLAY
COLONY HILLS LN HEATHERWOOD TIPTOE OVERLAY Leveling over trench failure
COLUMBUS AVE VAI BUBB SLURRY SEAL
CRAIG CT PARADISE END OVERLAY
CRISTO REY DR N/O ROUNDABOUT RANCHO SAN ANTONIO PARK EXIT (CL)SLURRY SEAL
CRISTO REY DR THE FORUM CITY LIMITS SLURRY SEAL
DE ANZA CIR DREA DREA OVERLAY
DEEP CLIFFE DR RIVERSIDE ST ANDREWS OVERLAY
DEMPSTER AVE STOKES FITZGERALD OVERLAY
DENISON AVE WHEATON MERRITT OVERLAY
DOLORES AVE ORANGE BYRNE LEVELING
DREA RD RIVERSIDE DE ANZA CIR OVERLAY
DRYDEN AVE SHATTUCK RUCKER OVERLAY
ECHO HILL CT STELLING END SLURRY/CRACK SEAL
ELDERWOOD CT TUSCANY END SLURRY/CRACK SEAL
ENGLISH OAK WY MAJESTIC OAK ANTHONY OVERLAY
FALL CT SEPTEMBER END OVERLAY
FARALLONE DR JOHN PACIFICA OVERLAY
FESTIVAL CT SEPTEMBER END OVERLAY
FESTIVAL DR SEPTEMBER END OVERLAY
345
FY 15/16 PROPOSED PAVEMENT MAINTENANCE PROJECTS
STREET LIST
ATTACHMENT A
FESTIVAL DR NOVEMBER DR.END OVERLAY
FIESTA LN SEPTEMBER NOVEMBER OVERLAY
FINCH AVE PHIL STEVENS CREEK STRIPING ENCHANCEMENTS
FRANCO CT HOMESTEAD 222' S OF HOMESTEAD OVERLAY
GATE OF HEAVEN CEMETERYCRISTO REY DR GATE SLURRY/CRACK SEAL
GRANADA AVE BYRNE ORANGE LEVELING
GRANADA AVE IMPERIAL ORANGE LEVELING
HAMMOND WY END END SLURRY SEAL
HAMMOND WY CRISTO REY DR HAMMOND SLURRY SEAL
HENEY CREEK PL ALPINE SOUTH END OVERLAY
HENEY CREEK PL OAK CREST CT NORTH END OVERLAY
HENEY CREEK PL ALPINE DR OAK CREST CT OVERLAY
HERMOSA AVE BYRNE ORANGE LEVELING
HOLLANDERRY PL SCOTLAND HOLLYHEAD OVERLAY
HOMESTEAD RD MARY STELLING STRIPING ENCHANCEMENTS
HYDE SHADY GROVE BOLLINGER STRIPING ENCHANCEMENTS
IMPERIAL AVE STEVENS CREEK 10290 IMPERIAL (END BUSINESS DIST)SLURRY/CRACK SEAL
JANICE AVE CARMEN CASS OVERLAY
JOHN DR E ESTATES BLANEY OVERLAY
JOHNSON AVE NEWSOM WUNDERLICH OVERLAY
JUDY AVE TILSON STEVENS CREEK OVERLAY
KENMORE CT FESTIVAL END OVERLAY
LA PLAYA CT MONROVIA END OVERLAY
LEAVESLEY PL SHATTUCK END OVERLAY
LEONG CT NOVEMBER END OVERLAY
LINDA VISTA PL LINDA VISTA END OVERLAY
LINDENBROOK DR E ESTATES BLANEY OVERLAY
LOMITA AVE IMPERIAL BYRNE LEVELING
LOREE AVE TANTAU STERN OVERLAY
LUCILLE AVE BLANEY END OVERLAY
MAJESTIC OAK WY CALIFORNIA OAK ENGLISH OAK OVERLAY
MANITA CT RAINBOW END OVERLAY
MAXINE DR 250 FT S/O HOMESTEADCAROLINE OVERLAY
MC CLELLAN RD LINDA VISTA DR FOOTHILL OVERLAY
MC CLELLAN RD DE ANZA LONNA STRIPING ENCHANCEMENTS
MC CLELLAN RD LONNA STELLING STRIPING ENCHANCEMENTS
MC LAREN PL WHEATON END OVERLAY
MCCLELLAN RD ORANGE BYRNE STRIPING ENCHANCEMENTS
MEDICUS CT STERLING END OVERLAY
MELISSA CT VOSS END OVERLAY
MERCEDES RD CORDOVA END DOUBLE CHIP
MILLER AVE STEVENS CREEK CALLE DE BARCELONA RUBBERIZED CHIP SEAL W/ SLURRY SEAL
MINAKER CT GRANADA END LEVELING
MIRA VISTA RD PALM MC CLELLAN OVERLAY
MONROVIA ST REGNART BUBB OVERLAY
MORENGO DR TUGGLE PL END OVERLAY
MURIEL LN TANTAU END OVERLAY
346
FY 15/16 PROPOSED PAVEMENT MAINTENANCE PROJECTS
STREET LIST
ATTACHMENT A
NANCY CT PARADISE END OVERLAY
NATHANSON AVE METEOR END OVERLAY
NOVEMBER DR FESTIVAL OCTOBER OVERLAY
OAKCREST CT HENEY CREEK END OVERLAY
OCTOBER WY SEPTEMBER NOVEMBER OVERLAY
ORANGE AVE GRANADA STEVENS CREEK LEVELING
ORANGE AVE MCCLELLAN GRANADA SLURRY SEAL
ORANGE BLOSSOM DRASTER PRIMROSE OVERLAY
ORANGE TREE LN MERRITT CEDAR TREE OVERLAY
ORCHARD CT CRESCENT RD END OVERLAY
PASADENA AVE GRANADA STEVENS CREEK SLURRY/CRACK SEAL
RAINBOW DR STELLING BUBB OVERLAY
RIVERCREST CT CRESTON END OVERLAY
RIVERSIDE DR STEVENS CANYON DREA OVERLAY
RIVIERA RD SCENIC END SLURRY/CRACK SEAL
ROSARIO AVE BUBB MARIA ROSA OVERLAY
RUMFORD DR ANSON CASTINE OVERLAY
RUNO CT STERLING END OVERLAY
SALEM DR FOOTHILL ALPINE OVERLAY
SAN FERNANDO AVE ORANGE SAN FERNANDO C LEVELING
SAN FERNANDO AVE SAN FERNANDO CT S END LEVELING
SANTA PAULA AVE FOOTHILL MIRA VISTA OVERLAY
SB DE ANZA BLVD 371'N OF PROSPECT RD RROSPECT RD MILL AND FILL
SB DE ANZA BLVD 371' N OF BOLLINGER BOLLINBER RD MILL AND FILL
SCENIC BLVD CARMEN PALM LEVELING
SCENIC BLVD PALM SCENIC CIR SLURRY/CRACK SEAL
SCENIC CIR SCENIC BLVD SCENIC CIR SLURRY/CRACK SEAL
SCENIC CT SCENIC CIR END SLURRY/CRACK SEAL
SEPTEMBER CT SEPTEMBER END OVERLAY
SEPTEMBER DR MC CLELLAN END OVERLAY
SERRA ST CANYON OAK END OVERLAY
SHATTUCK DR SANTA TERESA DRYDEN OVERLAY
SILVER OAK WY FOOTHILL END OVERLAY
ST ANDREWS AVE DEEP CLIFF STEVENS CANYON OVERLAY
STAFFORD DR SUNDERLAND FOLKSTONE OVERLAY
STAFFORD DR YORKSHIRE ELMFORD OVERLAY
STAFFORD DR FOLKSTONE YORKSHIRE OVERLAY
STELLING RD HOMESTEAD RD APARTMENT ENTRANCE OVERLAY
STELLING RD STEVENS CREEK SR-85 RUBBERIZED CHIP SEAL W/ SLURRY SEAL
STERLING BLVD CYNTHIA AV BARNHART AV OVERLAY
STERLING BLVD BARNHART AV RUNO OVERLAY
STOKES AVE DEMPSTER END OVERLAY
SUNDERLAND DR YORKSHIRE STAFFORD OVERLAY
SUTTON PARK PL TANTAU END OVERLAY
TANTAU PHIL BOLLINGER STRIPING ENCHANCEMENTS
TIPTOE LN KENTWOOD WESTLYNN OVERLAY Leveling over trench failure
TUSCANY PL S END N END SLURRY/CRACK SEAL
347
FY 15/16 PROPOSED PAVEMENT MAINTENANCE PROJECTS
STREET LIST
ATTACHMENT A
TWILIGHT CT BLANEY END OVERLAY
UPLAND WY SEVEN SPRINGS END LEVELING
VAI AVE BUBB COLUMBUS SLURRY SEAL
VICEROY CT ALPINE END OVERLAY
VILLA DE ANZA LUCILLE BLANEY OVERLAY
VOSS AVE MC KLINTOCK FOOTHILL OVERLAY
VOSS AVE MELISSA CT MC KLINTOCK OVERLAY
VOSS AVE KRISTA CT MELISSA CT OVERLAY
WHITNEY WY PACIFICA CLAY OVERLAY
348
COMPLETED/SCHEDULED PAVEMENT PROJECTS FY 14/15
LIST OF STREETS
ATTACHMENT B
STREET NAME FROM TO TYPE OF WORK
ALCALDE RD.FOOTHILL AVIENDA OVERLAY W/ LEVELING COURSE
ANTOINETTE DR.CLAY CLIFDEN OVERLAY W/ LEVELING COURSE
ASTER CT.ASTER END OVERLAY W/ LEVELING COURSE
ASTER LN.WATERFORD BARNHART OVERLAY W/ LEVELING COURSE
AVOCADO PL.BIXBY END OVERLAY W/ LEVELING COURSE
BANHART PL ASTER 7589 BARNHART APPROX.OVERLAY W/ LEVELING COURSE
BELKNAP CT BELKNAP END OVERLAY W/ LEVELING COURSE
BELKNAP DR.ELMSFORD YORKSHIRE OVERLAY W/ LEVELING COURSE
BIXBY DR. PORTAL COLD HARBOR OVERLAY W/ LEVELING COURSE
BOLLINGER RD BLANEY AVE DE ANZA BLVD DIGOUT REPAIR
CAMINO VISTA DR.STEVENS CREEK DUBON OVERLAY W/ LEVELING COURSE
CARNOUSTIE CT.DEEP CLIFF END OVERLAY W/ LEVELING COURSE
CARRIAGE CR.STELLING END OVERLAY W/ LEVELING COURSE
CATALINA CT.TERRACE END OVERLAY W/ LEVELING COURSE
COLD HARBOR AVE.BIXBY WINTERGREEN OVERLAY W/ LEVELING COURSE
CRISTO REY DR.ROUNDABOUT FORUM DRIVEWAY DIGOUT REPAIR
CRISTO REY DR.EAST CITY LIMIT ROUNDABOUT MILL AND FILL
DUBON AVE.PRADO VISTA CAMINO VISTA OVERLAY W/ LEVELING COURSE
ELMSFORD CT.ELMSFORD END OVERLAY W/ LEVELING COURSE
ELMSFORD DR.BELKNAP END OVERLAY W/ LEVELING COURSE
FOLKESTONE DR.BUBB YORKSHIRE OVERLAY W/ LEVELING COURSE
HUNTRIDGE LN.S. STELLING ROSE BLOSSOM OVERLAY W/ LEVELING COURSE
LA JOLLA CT.TERRACE END OVERLAY W/ LEVELING COURSE
LEBANON AV.LOCKWOOD SCB OVERLAY W/ LEVELING COURSE
LILAC CT.ROSE BLOSSOM END OVERLAY W/ LEVELING COURSE
LILAC WY.S. STELLING ROSE BLOSSOM OVERLAY W/ LEVELING COURSE
LILY AVE.ROSE BLOSSOM ROSE BLOSSOM OVERLAY W/ LEVELING COURSE
LILY CT.LILY END OVERLAY W/ LEVELING COURSE
LOCKWOOD DR.STEVENS CREEK VOSS OVERLAY W/ LEVELING COURSE
LYNTON CT.FARALLONE END OVERLAY W/ LEVELING COURSE
MEDINA CT STEVENS CREEK END OVERLAY W/ LEVELING COURSE
MERRIMAN RD.ALCALDE SAN LUCIA ASPHALT LEVELING
MEYERHOLTZ CT.STOKES END OVERLAY W/ LEVELING COURSE
MICHEAL CT.CLIFDEN END OVERLAY W/ LEVELING COURSE
MIRA VISTA RD.JANICE PALM OVERLAY W/ LEVELING COURSE
MONTEREY CT.TERRACE END OVERLAY W/ LEVELING COURSE
N. STELLING RD.APT. ENT.HOMESTEAD OVERLAY W/ LEVELING COURSE
NOBEL FIR CT.S. STELLING END OVERLAY W/ LEVELING COURSE
PACIFICA AVE.DE ANZA BLVD.FARALLONE OVERLAY W/ LEVELING COURSE
PALM AVE.S. FOOTHILL SCENIC OVERLAY W/ LEVELING COURSE
PALO VISTA RD.JANICE PALM OVERLAY W/ LEVELING COURSE
PALOS VERDES CT.TERRACE END OVERLAY W/ LEVELING COURSE
PRADO VISTA DR STEVENS CREEK DUBON OVERLAY W/ LEVELING COURSE
RAINBOW CT.RAINBOW END OVERLAY W/ LEVELING COURSE
RED FIR CT.NOBEL FIR END OVERLAY W/ LEVELING COURSE
349
COMPLETED/SCHEDULED PAVEMENT PROJECTS FY 14/15
LIST OF STREETS
ATTACHMENT B
REDONDO CT.TERRACE END OVERLAY W/ LEVELING COURSE
ROSE BLOSSOM DR.MCCLELLAN RD.HUNTRIDGE OVERLAY W/ LEVELING COURSE
ROSEMARIE PL.MILLER AVE END OVERLAY W/ LEVELING COURSE
S. STELLING RD.85 BRIDGE DECK SOUTHPROSPECT RD.DIGOUT REPAIR
SAGE CT.LILAC END OVERLAY W/ LEVELING COURSE
SAN FELIPE RD.ALCALDE RD END OVERLAY W/ LEVELING COURSE
SAN FERNANDO AVE.BYRNE AVE AC DIKE
SANTA LUCIA RD. STEVENS CANYON CORDOVA/ALCALDE ASPHALT LEVELING
SOLA ST.TULA LN.BONNY OVERLAY W/ LEVELING COURSE
STEVENS CANYON RD.PARK ENT. SOUTH NEW PVMNT.6" MILL AND FILL
STEVENS CRK BLVD.85 BRIDGE DECK WESTFOOTHILL BLVD.DIGOUT REPAIR
TONITA WY.CHERYL SHELLY OVERLAY W/ LEVELING COURSE
TORRE AVE.STVNS CRK BLVD PACIFICA
OVERLAY W/ LEVELING COURSE &
DIGOUT REPAIRS
TULA CT.TULA LN.END OVERLAY W/ LEVELING COURSE
TULA LN.SOLA ST NORTH & SOUTH ENDS OVERLAY W/ LEVELING COURSE
VIA CAMINO CT.AINSWORTH END OVERLAY W/ LEVELING COURSE
VICKSBURG DR.COLD HARBOR E ESTATES OVERLAY W/ LEVELING COURSE
WESTACRES DR.MCCLELLAN RD.END OVERLAY W/ LEVELING COURSE
WEYMOUTH DR.RAINBOW BELKNAP OVERLAY W/ LEVELING COURSE
WHITE FIR NOBEL FIR END OVERLAY W/ LEVELING COURSE
WILLOWGROVE LN.FERNGROVE HYDE OVERLAY W/ LEVELING COURSE
WILSON CT.STOKES END OVERLAY W/ LEVELING COURSE
WINTERGREEN DR.PORTAL COLD HARBOR OVERLAY W/ LEVELING COURSE
YORKSHIRE DR.RAINBOW STAFFORD OVERLAY W/ LEVELING COURSE
YORSHIRE CT.YORSHIRE END OVERLAY W/ LEVELING COURSE
350
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0734 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:2/24/2015 City Council
On agenda:Final action:6/2/2015
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council6/2/20151
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 5/27/2015Page 1 of 1
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