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03-06-2018 Searchable packetCITY OF CUPERTINO AGENDA CITY COUNCIL 6:45 PM 10350 Torre Avenue, Council Chamber Tuesday, March 6, 2018 PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamation declaring March as Youth Arts Month Recommended Action: Present Proclamation declaring March as Youth Arts Month 2.Subject: Proclamation proclaiming March as American Red Cross Month and presentation from the American Red Cross regarding local activities Recommended Action: Present Proclamation proclaiming March as American Red Cross Month and receive presentation from the American Red Cross regarding local activities POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. 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. 3.Subject: Approve the February 10 City Council Minutes Recommended Action: Approve the February 10 City Council Minutes A - Draft Minutes Page 1 1 March 6, 2018City Council AGENDA 4.Subject: Approve the February 20 City Council minutes Recommended Action: Approve the February 20 City Council minutes A - Draft Minutes 5.Subject: Accept Accounts Payable for the period ending January 26, 2018 Recommended Action: Adopt Resolution No. 18-016 accepting Accounts Payable for the period ending January 26, 2018 A - Draft Resolution B - AP Report 6.Subject: Accept Accounts Payable for the period ending February 2, 2018 Recommended Action: Adopt Resolution No. 18-017 accepting Accounts Payable for the period ending February 2, 2018 A - Draft Resolution B - AP Report 7.Subject: Set the voluntary limit at $29,000 for campaign expenditures for the November 6, 2018 City Council election Recommended Action: Adopt Resolution No. 18-018 setting a voluntary campaign expenditure limit of $29,000 for the November 6, 2018 City Council election Staff Report A - Draft Resolution 8.Subject: Set application deadline and interview date(s) for three terms expiring on the Teen Commission Recommended Action: Set the following application deadline and interview date(s) for three terms expiring on the Teen Commission: 1. Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 4; and 2. Interviews held beginning at 3:30 p.m. on Tuesday, May 22 and Wednesday, May 23 (as needed) A - Staff Report 9.Subject: City Work Program for Fiscal Year 2018-2019 Recommended Action: Approve the City Work Program for Fiscal Year 2018-2019 Staff Report A - 2018-2019 City Work Program Page 2 2 March 6, 2018City Council AGENDA 10.Subject: Update Teen Commission application requirements limiting Teen Commission applicants to students in grades 8 through 11 Recommended Action: Adopt Resolution No. 18-019 that limits the Teen Commission applicants to students in grades 8 through 11 and revokes earlier resolutions governing the Teen Commission Staff Report A - Draft Resolution 11.Subject: Plannng Commission's recommendation to select Geoff Paulsen as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission's recommendation to the Environmental Review Committee Staff Report 12.Subject: Award and authorize the City Manager to execute a construction contract for the South De Anza Boulevard Medians-Phase 1 Project (Project No. 2015-21.02). Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the South De Anza Boulevard Medians-Phase 1 Project with Clean Cut Landscape Incorporated in the amount of $1,032,904.92; and 2. Authorize a construction contingency budget of $103,000, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $1,135,904.92. Staff Report A - Draft Contract 13.Subject: Reject all bids for a construction contract for the Service Center Shed #3 Improvement Project (Project No 2017-08) Recommended Action: Reject all bids for a construction contract for the Service Center Shed #3 Improvement Project (Project No 2017-08) Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Page 3 3 March 6, 2018City Council AGENDA 14.Subject: Approve the Mid-Year Financial Report and recommended budget adjustments for Fiscal Year 2017-18 Recommended Action: 1. Accept the City Manager's Mid-Year Financial Report for Fiscal Year 2017-18; 2. Approve the Mid-Year adjustments for Fiscal Year 2017-18 as described in the Mid-Year Financial Report; 3. Adopt Resolution No. 18-020 approving Mid-Year budget adjustments Staff Report A - Mid-Year Financial Report FY2017-18 B - Draft Resolution C - Performance Measures for each Department D - Mid-Year Budget Journal E - Santa Clara County Creeks Coalition Letter 15.Subject: Social Host Responsibility ordinance Recommended Action: Following the first and second readings, adopt Ordinance No. 18-2172:" An Ordinance of the City Council of the City of Cupertino adding Chapter 10.05 “Social Host Responsibility” to the Cupertino Municipal Code, Article 10 “Public Peace and Morals” to deter underage drinking and drug use during events/gatherings" Staff Report A - Local Social Host Ordinances B - Draft Ordinance 16.Subject: Add Chamber of Commerce focus group committees to Council Committee assignments (Support Local Businesses, Transportation, and Housing/Redevelopment) Recommended Action: Add Chamber of Commerce focus group committees to Council Committee assignments (Support Local Businesses, Transportation, and Housing/Redevelopment) A - 2018 Committee Assignments 17.Subject: SB 100: California Renewables Portfolio Standard Program (De León) Recommended Action: Support SB 100 (De León) and authorize the Mayor to send letters of support to state legislative leaders along with our state delegation. Staff Report A - Sample Letter of Support Page 4 4 March 6, 2018City Council AGENDA 18.Subject: SB 827 - Transit-Rich Housing Bonus (Weiner) Recommended Action: Oppose SB 827 (Weiner) and authorize the Mayor to send letters of opposition to state legislative leaders along with our state delegation. Staff Report A - Sample Letter of Opposition REPORTS BY COUNCIL AND STAFF 19.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT 20.Subject: Adjourn in memory of former Cupertino Mayor Jerry J. Fitzgerald Recommended Action: Adjourn in memory of former Cupertino Mayor Jerry J. Fitzgerald Page 5 5 March 6, 2018City 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. 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 Page 6 6 March 6, 2018City Council AGENDA 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 7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3547 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/18/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Proclamation declaring March as Youth Arts Month Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Proclamation declaring March as Youth Arts Month Present Proclamation declaring March as Youth Arts Month CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3700 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:2/23/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Proclamation proclaiming March as American Red Cross Month and presentation from the American Red Cross regarding local activities Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Proclamation proclaiming March as American Red Cross Month and presentation from the American Red Cross regarding local activities Present Proclamation proclaiming March as American Red Cross Month and receive presentation from the American Red Cross regarding local activities CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3568 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/25/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Approve the February 10 City Council Minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Approve the February 10 City Council Minutes Approve the February 10 City Council Minutes CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™10 DRAFT MINUTES CUPERTINO CITY COUNCIL Saturday, February 10, 2018 SPECIAL CITY COUNCIL MEETING ROLL CALL At 9:32 a.m. Mayor Darcy Paul called the Special City Council meeting to order in the Aloft Hotel, Tactic Room, 10165 N De Anza Boulevard, Cupertino, CA 95014. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. ORAL C OMMUNICATIONS Jennifer Griffin talked about lack of retail in Cupertino. Cathy Helgerson (Cupertino resident) talked about today’s special meeting, Lehigh, and the Stevens Creek Quarry (distributed written comments). Liana Crabtree (Cupertino resident) talked about a successor plan for housing development in Cupertino. Jane Doe (Cupertino resident) talked about Vallco and development in Cupertino. Joan Chin (Cupertino resident) talked about affordable housing in Cupertino. COUNCIL GOAL SETTING Mayor Paul noted that today’s meeting was an opportunity for Councilmembers to discuss topics they wanted to see in the upcoming year for the Work Program. Councilmembers commented topics of interest most already included in the Work Program. Mayor Paul opened public comment and the following individuals spoke: 11 City Council Minutes February 10, 2018 2 Cathy Helgerson Jennifer Griffin Gary Jones (Cupertino resident) Mayor Paul closed public comment. Council concurred to add the following topics to the Work Program: senior outreach, shuttle service study, explore employer-based revenue measures, volunteer fair, and teen stress programming. ADJOURNMENT At 12:00 p.m. Mayor Paul adjourned the meeting. 12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3299 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Approve the February 20 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Approve the February 20 City Council minutes Approve the February 20 City Council minutes CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™13 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, February 20, 2018 SPECIAL CITY COUNCIL MEETING At 3:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. Council went into closed session and reconvened in open session at 4:00 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for a Study Session followed by the Regular Meeting. CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney Mayor Paul announced that Council received an update and direction was given. 2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager Mayor Paul announced that Council received an update and direction was given. STUDY SESSION 3. Subject: Study Session on the fiscal year 2018-2019 City Work Program Recommended Action: Review and provide direction on the fiscal year 2018-2019 City Work Program Written communications for this item included an email to Council, an updated page from the Work Program, and a staff presentation on the Civic Center Master Plan. 14 City Council Minutes February 20, 2018 City Manager David Brandt reviewed the Work Program and noted that it was organized thematically rather than by department. Staff answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin Geoff Paulsen (Cupertino resident) on behalf of the Cupertino Planning Commission Mayor Paul closed public comment. Councilmembers commented on the Work Program. Council recessed from 5:25 p.m. to 5:35 p.m. Council reviewed the direction on the Fiscal Year 2018-2019 City Work Program and provided the following direction to staff:  Continue to evaluate alternative construction and finance mechanisms to reduce the overall cost of the Civic Center Master Plan implementation.  Explore widening and/or other pedestrian safety measures within the Regnart Road Repair Analysis of Maintenance Responsibilities.  Define incubator/co-working space within the Economic Development Strategic Plan (EDSP).  Consider broadening the scope of the Parks & Recreation Commission to include senior topics and explore incorporating library issues as well.  Begin following the City’s email retention policy.  Study meaningful programs to enhance transportation solutions around Cupertino once the new Transit and Transportation Planner is settled.  Explore technology solutions for managing Public Records Act requests.  Look into the prevention of underage vaping, smoking, etc. within the Healthy Cities Initiative. ADJOURNMENT 15 City Council Minutes February 20, 2018 At 6:10 p.m., Mayor Paul adjourned the Special Meeting. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATIONS Jennifer Griffin talked about lack of big retail in Cupertino and Highway 17. Taghi Saadati (Cupertino resident) talked about the R-1 Ordinance and secondary units. Linda Wyckoff (Cupertino resident) talked about safety concerns on the Regnart Creek Trail. Julia Miyakawa (Cupertino resident) talked about safety concerns on the Regnart Creek Trail. Kathy Chole talked about safety concerns on the Regnart Creek Trail. Gary Wong (Cupertino resident) on behalf of the Campo De Lozano HOA talked about safety concerns in his neighborhood near the Regnart Creek Trail. CONSENT CALENDAR Chang moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented with the exception of item number s 4 and 5 which were pulled for discussion. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. 16 City Council Minutes February 20, 2018 1. Subject: Approve the February 6 City Council minutes Recommended Action: Approve the February 6 City Council minutes 2. Subject: Accept Accounts Payable for the period ending January 12, 2018 Recommended Action: Adopt Resolution No. 18-011 accepting Accounts Payable for the period ending January 12, 2018 3. Subject: Accept Accounts Payable for the period ending January 19, 2018 Recommended Action: Adopt Resolution No. 18-012 accepting Accounts Payable for the period ending January 19, 2018 4. Subject: Second Amendment to the Funding Agreement between the City of Cupertino and Santa Clara Valley Transportation Authority for the I-280/Wolfe Road Interchange Improvements Project Recommended Action: Authorize the City Manager to execute the Second Amendment to the Funding Agreement with VTA to identify their respective obligations in regard to the I- 280/Wolfe Road Interchange Improvements Project. Approve a budget appropriation in the amount of $260,000 in Fund 100-88-844-900-964 for the Second Amendment to the Funding Agreement between the City of Cupertino and VTA for the I-280/Wolfe Road Interchange Improvements Project. Written communications for this item included an email to Council. Staff answered questions from Council. Jennifer Griffin spoke on this item. Vaidhyanathan moved and Chang seconded to authorize the City Manager to execute the Second Amendment to the Funding Agreement with VTA to identify their respective obligations in regard to the I-280/Wolfe Road Interchange Improvements Project. Approve a budget appropriation in the amount of $260,000 in Fund 100-88-844-900-964 for the Second Amendment to the Funding Agreement between the City of Cupertino and VTA for the I - 280/Wolfe Road Interchange Improvements Project. The motion carried unanimously. 5. Subject: Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study Recommended Action: Approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution 17 City Council Minutes February 20, 2018 through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study Staff answered questions from Council. Larry Dean (Cupertino resident) on behalf of Walk-Bike Cupertino spoke on this item. Sinks moved and Chang seconded to approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study. The motion carried unanimously. 6. Subject: Authorize Funding Amount to the 2011 Contract Sweeping Services, Inc, Contract Recommended Action: 1. Adopt Resolution No. 18-013 to increase the authorized amount for the 2011 Contract Sweeping Service, Project No. 2011-02, to Contract Sweeping Service, Inc., from the previously authorized annual amount of $137,097, to the annual amount of $198,000, and approve a an annual contingency of $10,000 to cover extra sweeping as may be required, for a total of $208,000, and; 2. Approve FY 17/18 Budget Adjustments in the amount of $42,542 in the Resource Recovery Environmental Programs account number 520- 81-801 700-702 and $28,361 in the Environmental Management Clean Creek Storm Drain Non-Point Source account number 230-81-802 700-702. 7. Subject: Accept offer of dedication and waiver of future reimbursement related to the McClellan Road Sidewalk Improvements - Phase 2 Project Recommended Action: Adopt Resolution No. 18-014 accepting the offer of dedication and waiver of future reimbursement from four property owners for the construction of the McClellan Road Sidewalk Improvements - Phase 2 Project SECOND READING OF ORDINANCES 8. Subject: Second reading for an ordinance to amend regulations in Title 2, Administration and Personnel of the Municipal Code Chapter 2.80, to allow up to six (6) members for the Fine Arts Commission Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 18-2171: "An Ordinance of the City Council of the City of Cupertino amending regulations in Title 2, Administration and Personnel of the Municipal Code Chapter 2.80, to allow up to six (6) members for the Fine Arts Commission" 18 City Council Minutes February 20, 2018 City Clerk Grace Schmidt read the title of the ordinance. Chang moved and Sinks seconded to read Ordinance No. 18-2171 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. Chang moved and Sinks seconded to enact Ordinance No. 18-2171. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 9. Subject: Adopt the Mitigated Negative Declaration and the 2018 Cupertino Pedestrian Transportation Plan Recommended Action: Adopt Resolution No. 18-015 adopting the Mitigated Negative Declaration and the 2018 Cupertino Pedestrian Transportation Plan Written communications for this item included a staff presentation. Transportation Manager David Stillman reviewed the staff report. Staff answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin Larry Dean (Cupertino resident) on behalf of Walk/Bike Cupertino (distributed written comments) Sean Lyn (Cupertino resident) on behalf of the Cupertino Bicycle Pedestrian Commission Taghi Saadati Mayor Paul closed public comment. Sinks moved and Savita seconded to adopt Resolution No. 18-015 adopting the Mitigated Negative Declaration and the 2018 Cupertino Pedestrian Transportation Plan. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 19 City Council Minutes February 20, 2018 10. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt noted that Cupertino received an award from the Government Finance Association for the Capital Improvement Project (CIP) budget and he congratulated Director Timm Borden for his work on the CIP document. Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 8:45 p.m., Mayor Paul adjourned the meeting. ________________________________ Grace Schmidt, City Clerk 20 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3677 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/13/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Accept Accounts Payable for the period ending January 26, 2018 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Accept Accounts Payable for the period ending January 26, 2018 Adopt Resolution No. 18-016 accepting Accounts Payable for the period ending January 26, 2018 CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™21 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 January 26, 2018 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 the attached Payment Register. CERTIFIED: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3679 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/13/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Accept Accounts Payable for the period ending February 2, 2018 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Accept Accounts Payable for the period ending February 2, 2018 Adopt Resolution No. 18-017 accepting Accounts Payable for the period ending February 2, 2018 CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™40 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 February 2, 2018 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 the attached Payment Register. CERTIFIED: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 41 42 43 44 45 46 47 48 49 50 51 52 53 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3329 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/17/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Set the voluntary limit at $29,000 for campaign expenditures for the November 6, 2018 City Council election Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Set the voluntary limit at $29,000 for campaign expenditures for the November 6, 2018 City Council election Adopt Resolution No. 18-018 setting a voluntary campaign expenditure limit of $29,000 for the November 6, 2018 City Council election CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™54 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3675 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/13/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Set application deadline and interview date(s) for three terms expiring on the Teen Commission Sponsors: Indexes: Code sections: Attachments:A - Staff Report Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Set application deadline and interview date(s) for three terms expiring on the Teen Commission Set the following application deadline and interview date(s) for three terms expiring on the Teen Commission: 1. Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 4; and 2. Interviews held beginning at 3:30 p.m. on Tuesday, May 22 and Wednesday, May 23 (as needed) CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™55 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3366 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/30/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: City Work Program for Fiscal Year 2018-2019 Sponsors: Indexes: Code sections: Attachments:Staff Report A - 2018-2019 City Work Program Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: City Work Program for Fiscal Year 2018-2019 Approve the City Work Program for Fiscal Year 2018-2019 CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™56 Smart City Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Wireless Master Plan Update the City's wireless policies and goals to ensure a comprehensive build out of facilities. The City will initiate a Request for Proposals in Winter 2018. Request proposals from interested consultants. Scheduled November 2018 Chad Mosley/Bill Mitchell Public Works/IT Water System Asset Management Plan (AMP) / Valuation 1) Quantify system condition and projected needs / costs to sustain industry standard; and 2) Value system to determine appropriate lease rate or sale price after 2022. Agreement with consultant executed with completed work product due in August 2018. Coordinate with SJWC and consultant an AMP that is mutually beneficial to both parties. In Progress August 2018 Roger Lee Public Works Municipal Water System Ensure lessee (San Jose Water Co.) is maintaining and operating system to industry standard. SJWC investment in system has increased. Negotiations ongoing to define capital investments through 2022. Continue negotiations.In Progress December 2018 Timm Borden/Roger Lee Public Works Emergency Services Continuity of Government Plan Complete plan to resume operations of the City after a major emergency. Previous plan was written in 2004. That plan will be evaluated and a new plan will be developed. Emergency Services Coordinator will research and coordinate with Santa Clara County and other partners to write a plan for City Council review and adoption. In Progress September 2018 Clare Francavilla Recreation & Community Services Wireless Upgrade - Public Space Build wireless "hot spots" at various public locations w/in Cupertino Determining best location and associated solution(s). Seismic modeling of selected "hot-spot" locations. Budget allocation for FY18/FY19 In Progress FY2018/FY19 Bill Mitchell Innovation & Technology 57 Public Engagement and Transparency Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Strategic Plan for Equity and Access to Recreation Programs Provide greater access to programs and activities for individuals with disabilities by completing and launching a strategic plan. The plan will address ADA requirements, inclusion opportunities and special programs. Create a task force within the department to create a strategy and begin coordinating opportunities. In Progress June 2019 Christine Hanel Recreation & Community Services Explore Consolidation of Senior Citizen, Library, and Safety issues into Parks & Recreation Commission Per Council request, explore the possibility of consolidating senior, safety, and library issues into the Parks & Recreation Commission. Currently, the Recreation and Community Services Department oversees a Senior Citizen Advisory Council based out of the Senior Center, manages general code enforcement and emergency services, and liaisons with the Library on services provided to our community. Proposed TBD Jaqui Guzman Jeff Milkes CMO/ Recreation & Community Services I heart Cupertino - Teen Design Challenge Build a sense of community by launching a Cupertino swag store with an fun youth design project Project team is developing project charter Request buy-in from local schools and businesses Scheduled October 2018 Jaqui Guzman Colleen Letire Danny Mestizo CMO/ Recreation & Community Services Volunteer Fair Promote a sense of community and good will in Cupertino by encouraging volunteerism The volunteer fair has been scheduled for May 5th at Civic Center Plaza Outreach plans are being developed Scheduled May 2018 Colleen Lettire CMO Economic Development Website Streamline city web content for new businesses. Develop an integrated approach for outreach and marketing to brokers, business owners, and others as a center for innovation and the heart of Silicon Valley. Valuable content and links on existing site. Will continue to assess the needs of businesses and add helpful resources. Work with the City's Public Affairs/Communications team to redesign the Economic Development webpages within the Citywide website enhancement. In Progress 2018 Angela Tsui Community Development Citywide Branding Strategy Train staff on City branding standards, create secondary logos, and a City tag line Branding standards have been developed and training for staff is scheduled Work with consultant to develop secondary logos In Progress February 2018 Brian Babcock CMO Citywide Community Engagement Develop strategies for better engaging with the public on City issues and provide staff with tools and training Four staff members participated in ILG's TIERS community engagement training. City has also contracted with Open Town Hall (formerly known as Peak Democracy) and training for staff has been scheduled. Pilot TIERS strategy for Junipero Sierra Trail feasibility study. Pilot Open Town Hall. In Progress December 2018 Jaqui Guzman Brian Babcock Bill Mitchell Jennifer Chiu CMO/Innovation & Technology/Public Works 58 Financial Sustainability Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department BMR linkage fees update Consider increasing linkage fees for residential and non-residential projects to provide funding for BMR affordable units To begin in Summer 2017 after requested funding for nexus study is authorized as part of FY 2018-19 budget Prepare nexus study Proposed Winter 2018-19 Kerri Heusler Community Development Employer-based revenue measures Explore employer-based revenue measures to address issues such as traffic congestion Proposed TBD David Brandt CMO Explore storm water ballot initiative with grassroots group(s) with input from Sustainability Commission. Explore feasibility and potential steps to conduct property owner mail-in election for authorization to adjust stormwater fees from 1992 level to current. Note: General Fund subsidizes Cupertino Stormwater Program to meet legal obligations, fund pollution prevention programs, and provide robust environmental education and outreach to residents, businesses, and Cupertino School District. Mayor sent support letter for SB 231 (enacted 10/17) relaxing legal restrictions on storm water fees. Staff have discussed steps taken by Palo Alto to achieve a successful election outcome. Explore feasibility of an election in Cupertino. Solicit input from Sustainability Commission and local grassroots groups. Discuss topic with Sustainability Commission before July 2018; conduct outreach and focus groups by July 2019. Develop plan for potential property owner mail-in election by December 2019. In Progress December 2019 Cheri Donnelly Public Works Consider policies and related Code and Specific Plan amendments to implement policies in the Economic Development Strategic Plan. EDSP adopted by City Council in late 2016. Hired consultant to work on implementation of key objectives including: Identified several policies for forward-looking economic development including:1. Consider allowing incubator/co-working uses to replace underperforming retail. 2. Consider creating office allocation in the General Plan specifically for mid-to-small size companies. 3. Identify and develop regulations for an Innovation/Arts district in the City. 4. Create a policy to allow mobile uses (including food trucks) in the City. Identified several policies for forward- looking economic development including: 1. Consider allowing incubator/co-working uses to replace retail on sites that have underperforming retail and meet specific criteria. 2. Consider creating office allocation in the General Plan specifically for mid-to-small size companies. 3. Identify and develop regulations for an Innovation/Arts district in the City. 4. Create a policy to allow mobile uses (including food trucks) in the City. This could include identifying areas where such uses could be allowed. Incubator/co-working space is currently defined as smaller work space for a range of creative industries, and unlike in a typical office, those in incubator/co-working spaces are usually not employed by the same organization. The space would include, but not be limited to, smaller business spaces with shared resources, such as conference and meeting rooms, reception services, kitchen and/or food services, and other shared amenities. In Progress End of 2018-19 Angela Tsui Community Development Sustainable calpers funding strategy Identify a long term funding strategy to fund rising costs related to retirement. Goal of 80-100% funded in the next 20 years. Strategies: a) Establish a 115 Trust and funding strategy; b) 20 year amortization; c) 6% discount rate; d) Long Term staffing costs projections including negotiated increase using GovInvest Presentation to Council as part of Mid Year Budget (March 6) and present to Fiscal Strategic in Late March/Early April Cost of strategy to Council as part of Proposed Budget Hearing In Progress June 2018 Kristina Alfaro Administrative Services 59 Community Livability and Sustainable Infrastructure Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Incentives to build Accessory Dwelling Units (ADUs) Provide incentives to build ADUs (which provide affordable housing opportunities) by reviewing ordinance and reducing fees The Council asked staff to add this item to the work program in late 2017. Project will begin in Summer 2018 Proposed 2018 Gian Martire Community Development Update the Municipal Code to Provide Parking Incentives for Electric Vehicles and Encourage Outdoor Seating in Restaurants The Planning Commission requested these items to be added to the work program to provide incentives for green infrastructure and enhance pedestrian- oriented character of developments To begin after Council authorizes it in the work program Proposed TBD Piu Ghosh Community Development Public Art in Developments Review and consider amending the $100,000 maximum for Public Art in Developments. The FAC requested that this project be added to the upcoming work program in 2016. Council authorized this in 2017. Project will be initiated in Summer 2018 Proposed TBD Catarina Kidd Community Development Lawn Buster Drought Tolerant Planting Pilot Develop a program that allows residents to easily elect water-wise turf conversion, including pre-set landscape plans, pre- approved contractors, and fixed prices Research has begun to evaluate best options for a city-wide pilot Collect data and research similar programs Proposed June 2019 Misty Mersich CMO Healthy Cities Initiative Revise smoking (including vaping) and water access policies and regulations to meet HCI standards Proposed December 2018 Jaqui Guzman CMO Shuttle Bus Service Study Study the feasibility of an east-west shuttle bus service that connects to Caltrain. Also look at possible shuttle programs to service schools. Proposed TBD Senior Transportation Planner Public Works Penalties for Violation of Conditions of Approval Consider increasing maximum penalty of $100K for violations of conditions of approval. Requested by Councilmember.Issue will be reviewed with related municipal code updates. Scheduled TBD Phillip Willkomm Community Development Teen Stress Work with the Teen Commission and Cupertino 95014 on events that address teen stress in Cupertino Cupertino 95014 has agreed to study the issue of teen stress in Cupertino and propose an event to highlight the problem and potential solutions The Teen Commission is working on a teen stress-relief event as part of their workplan Scheduled TBD Brian Babcock Danny Mestizo CMO/Recreation & Community Services Short Term Rentals Develop a regulatory program to regulate and collect TOT from STRs Study session on Feb. 6, 2018 Sign collection agreements with Airbnb and other large STR platforms. Draft Muni Code regulations for STRs with public input. Scheduled June 2019 Jaqui Guzman Ben Fu CMO/ Community Development Regnart Road – analysis of maintenance responsibilities 1) Research and determine adjacent property owner and City maintenance responsibilities; and 2) Receive owner input and educate regarding responsibilities; and 3) Complete City work. Drainage evaluation complete.Obtain land use general counsel, review findings and conduct public meeting(s). Investigative work and meeting with owners complete by summer 2018. In Progress June 2019. Chad Mosley / Roger Lee Public Works Lawrence Mitty Acquire a parcel at Lawrence Expwy and Mitty Ave for trail expansion and park development City has worked with SJWC and County to secure a three-way transaction but was not able to reach agreement with SJWC County is taking the lead on negotiations with SJWC. If property is secured, funding allocation for conceptual design will be proposed with 2018-19 CIP. In Progress TBD Jaqui Guzman Timm Borden Jeff Milkes CMO/ Public Works/ Recreation & Community Services Vallco Specific Plan Create a community-based vision and objective standards for development at Vallco Consultants hired and initial community outreach started Prepare Draft EIR and Specific Plan after community outreach In Progress Fall 2018 Catarina Kidd and Piu Ghosh Community Development 60 Community Livability and Sustainable Infrastructure Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Community Garden Improvements Renovate the community gardens at McClellan Ranch, and implement a new process and procedures for a more effective, community-driven gardens program. Multiple stakeholder meetings have been held to develop better procedures and appropriate enforcement policies. A capital project is in progress, working with a consultant to develop a clear concept and vision for the gardens. A second capital project has been proposed for 2018/19 to renovate the gardens. The new rules and enforcement process will be implemented as garden plots are assigned. Complete public involvement process and propose recommended alternative to City Council for garden renovation. In Progress Summer 2019 Kim Calame Recreation & Community Services Strategic Plan for Neighborhood Special Events Complete strategic planning to implement recreational activities in neighborhood parks. Research and a draft report are in progress. Complete research into equipment, staffing, objectives, and organize neighborhood task forces to assist with program planning. Hire part time Recreation staff to complete planning to implement a pilot program in Summer 2018. In Progress October 2018 Jeff Milkes/ Rachelle Sander Recreation & Community Services Citywide Parks and Recreation System Master Plan Create a 20+ year community-driven plan to meet future parks, open space and recreation needs through establishing goals and priorities and enhancing or expanding facilities and programs. Council authorized consultant contract in January 2017. Consultant and staff have evaluated existing park and recreation systems, formed an advisory group, developed a vision statement and goals, identified prioritization criteria and identified preliminary opportunities. Community outreach explored best use of park spaces to identify needs for different events, activities and goals. The plan is anticipated to come before City Council in Fall 2018, depending upon additional public input and results of upcoming workshops. Upcoming Council and Parks & Recreation Commission study session to review large project items for the Master Plan. Public input and workshops will occur, and project list, scoping, and budget information will be developed from the results. In Progress Fall 2018 Gail Seeds Recreation & Community Services Solid Waste Characterization Studies and Waste Audits 1) Complete tonnage audit and waste characterization studies of pertinent streams of City facilities, residential curbside, and commercial waste; and 2) Analyze effectiveness of neighboring agency programs and emerging technology as it might apply in Cupertino in diverting recyclable content from landfill. Collected contract and waste characterization information from neighboring agencies. Began review of potential auditors and consultants. Execute consultant agreements and begin work. In Progress June 2018 Cheri Donnelly/ Roger Lee Public Works Teacher Housing Evaluate a “Teacher Housing” project in partnership with a non‐profit developer try to identify and develop surplus school property as a teacher housing project. In March 2016, the Planning Commission recommended adding a goal of providing 100 senior or "teacher" housing units per year for the next five years and/or provide incentive and priority for Cupertino residents. The priority system was implemented as part of the BMR Administrative Manual update in September 2016. Continue to explore opportunities in collaboration with the school districts In Progress TBD Kerri Heusler Community Development Heart of the City Plan Amend the Heart of the City Specific Plan: (1) for clarifications to the minimum street side setback requirements, and (2) to review street tree requirements to allow larger trees, increase diversity of tree type and encourage drought-tolerant and native tree types. To be revised during the next Heart of the City Specific Plan update On Hold Erick Serrano Community Development Library Community Room Addition Continue design and implementation of library community room addition Preferred alternative was adopted by City Council in 2015. Funding was pledged by Irvine Company in development agreement for Hamptons development pending issuance of building permits. Initiate architectural design On Hold TBD Timm Borden Public Works 61 Operational Efficiency Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Alternative Commute Pilot for Staff Pilot to encourage employees to use alternative modes of transportation such as walking, biking, transit, and carpool to relieve road congestion, reduce harmful emissions and improve employee health. Exploring programs from surrounding cities and writing a draft proposal Develop policy, implementation measures, and determine appropriate incentive levels. Proposed June 2019 Misty Mersich CMO American Public Works Association (APWA) Accreditation To objectively evaluate, verify and recognize compliance with recommended management practices. Reviewing / amending current practices and beginning self-assessment process. Complete update of current practices and schedule onsite evaluation. Scheduled FY2019/2020 Roger Lee Public Works Workforce Planning Use data in the City's ERP system and several city documents such as the budget, CIP and Council Work Program to identify key positions needed and how to attract, retain or train to ensure the availability of those positions when needed. None Begin identifying key positions. Formulate training/recruitment/retention strategy for those positions. Scheduled June 2019 Kristina Alfaro Administrative Services Labor Negotiations Negotiate equitable long term contracts with all bargaining units Current contract expires in June 2019. Begin preparation for negotiations in January 2019 Scheduled June 2019 Kristina Administrative Services Disaster recovery plan Provide network/data resiliency thru the use of offsite and out of region data centers Simplified network/data infrastructure to allow for easy migration to offsite data center 1) Move current City Hall data center infrastructure elements to local colocation facility. 2) Build second infrastructure environment at distant, out-of-region colocation facility. In Progress FY2018/FY19 Bill Mitchell Innovation & Technology Applications Deploy applications to enhance operational efficiency. In process of implementing various enterprise applications including Accela Land Management, GovInvest, Peak Democracy and Zonar 3D 1) Finalize implementation of applications in flight. 2) Continue to research cost effective solutions to current business problems. In Progress FY2018 Bill Mitchell Innovation & Technology Public Building Condition and Use Assessment 1) Determine priority assessment of buildings for future improvements; and, 2) Analyze selected buildings for facility use efficiency Notice to proceed issued.Facilitate consultants work by retrieving needed documents and facilitating on-site inspections. In Progress August 2018 Roger Lee Public Works Staffing Level Evaluation Analyze work load of various staff to insure community expectations are met and ordinance requirements are enforced. Various deficiencies have been identified. Complete evaluation within department and discuss coordination with other departments as applicable and needed. In Progress FY2019/20 Timm Borden/Roger Lee Public Works Weekend Work Program Ensure efficiency of program.reviewing current practices and gathering data from staff Complete evaluation within the department and determine the value of labor received from participants vs. the value of full-time employees to monitor the program. In Progress January 2019 Carl Valdez Public Works Civic Center Master Plan - Renovation Begin design for renovation of City Hall, including structural strengthening, accessibility improvements, and replacement of all electrical and mechanical systems Following rehabilitation options from Civic Center Master Plan, as currently is being validated by consultant conducting city- wide facility condition and use efficiency study. Upon approval from City Council to move forward, advertise RFP for architectural services. In Progress January 2020 Timm Borden Public Works Roll Out of Additional ERP Modules Fully utilize ERP system to automate and simplify business processes Fixed Asset module is in data verification stage. CAFR Builder is in contract negotiations. Review contract module and requested time off capabilities in the City's online timesheet/benefits portal In Progress June 2020 Kristina Alfaro Administrative Services Roll Out of Open Gov Platform (maps and additional reports) Fully utilize OpenGov Software Successfully began using and integrating open budget portion of OpenGov Build out additional reports and view on the City's transparency portal In Progress June 2020 Kristina Alfaro Administrative Services Integration of Workplan and Other Long/Short Term Documents to Develop 5 Year Business Plan for City. Comprehensive Business Plan that encompases all workplan items ensuring adequate funding and staffing resources. Pending work plan approval. Ensure costs associated with items approved in workplan are included in the FY19 budget. Ensure future costs of items in the workplan are included in the Long Term Financial forecast In Progress June 2020 Kristina Alfaro Administrative Services 62 Operational Efficiency Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Accreditation of the Recreation & Community Services Department National accreditation by the Commission for Accreditation of Park and Recreation Agencies to inform policy makers, staff, and community members that the parks and recreation agency has been independently evaluated against established benchmarks for delivering a high level of quality service. The City has been accepted as a candidate for national accreditation in 2019. A committee of front-line staff, supervisors and managers are addressing each of the 151 national standards. All Recreation staff have been trained in the process. The Department is on schedule to be reviewed in early 2019 and potentially accredited in October, 2019. Complete self evaluation addressing the 151 national standards. This requires wide-ranging tasks including creating a department marketing plan, risk assessment plan, and a review of all department policies. In Progress October 2019 Jeff Milkes Recreation and Community Services Implement ActiveNet Registration Software System Replace the current recreation registration software with a cloud-based software version to enhance service at the Quinlan Community Center, Sports Center, Senior Center and other recreation facilities as appropriate. Staff have negotiated a contract with ActiveNet and the start of implementation is planned for Spring 2018. The project is anticipated to be live by Fall 2018. Complete Contract and coordinate implementation schedule In Progress Fall 2018 Project Lead, Rachelle Sander. Project Manager, Bill Mitchell Recreation and Community Services, with Innovation & Technology Cross Platform System Integration Leverage new technology acquisitions to create integrated systems Identified integration possibilities between the City's ERP Logos and Land Management Software, Recreation Software, Project Works and Recruitment software. Finance division working with Land Management software on integration specifications Explore and implement integration In Progress Summer 2018 and Ongoing Kristina Alfaro All Improve Process of Public Records Act (PRA) Requests Provide a comprehensive web portal that allows 24x7 public access to search previous PRA responses or submit a new PRA request. Route, escalate, track, distribute, log and manage each PRA request. Provide knowledge base of previous PRA requests and associated responses. Manage, review and improve current City process. Met with vendors on different applications that meet our goals. Vendor demo application for staff review and selection. In Progress Fall 2018 Bill Mitchell/Grace Schmidt Innovation & Technology/City Clerk 63 Public and Private Partnerships Project Title Project Objective Progress to Date Next Steps Current Status Completion Date Staff Lead Department Support the Creation of a Film Society To increase art opportunities in the City. The goal is to support the creation of a film society based on a request by interested citizens N/A Explore opportunities upon authorization Proposed TBD Angela Tsui/Catarina Kidd Community Development Small Business Dev. Center Explore the viability of establishing a small business development center within the City of Cupertino. This is an action item in the EDSP as a resource to retain and grow small and midsize businesses. Continue to explore opportunities. In Progress TBD Angela Tsui Community Development Library Lease Sign a new lease with the Library JPA for use of the City's Library facility Staff has begun meeting with Library staff to discuss terms for the new lease Negotiate and complete lease In Progress June 2018 Jaqui Guzman/ Rocio Fierro/ Jeff Milkes/ Roger Lee/ CMO/CAO/Recreation & Community Services/Public Works Strategic Partnerships with Nonprofits Create strategic partnerships with nonprofits to improve effectiveness of Recreation & Community Services Programs. Objectives include coordination of programs with the Cupertino Library, YMCA, West Valley Community Services, School Districts, etc. Proposed Develop MOU with Library addressing program opportunities, and continue discussions with West Valley Community Services to provide greater support for Case Managers. In Progress June 2019 (ongoing) Kim Calame/Kim Frey/Christine Hanel Recreation & Community Services 64 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2674 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/30/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Update Teen Commission application requirements limiting Teen Commission applicants to students in grades 8 through 11 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Update Teen Commission application requirements limiting Teen Commission applicants to students in grades 8 through 11 Adopt Resolution No. 18-019 that limits the Teen Commission applicants to students in grades 8 through 11 and revokes earlier resolutions governing the Teen Commission CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™65 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3514 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/8/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Plannng Commission's recommendation to select Geoff Paulsen as the Environmental Review Committee representative Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Plannng Commission's recommendation to select Geoff Paulsen as the Environmental Review Committee representative Accept the Planning Commission's recommendation to the Environmental Review Committee CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™66 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3412 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/7/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Award and authorize the City Manager to execute a construction contract for the South De Anza Boulevard Medians-Phase 1 Project (Project No. 2015-21.02). Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Award and authorize the City Manager to execute a construction contract for the South De Anza Boulevard Medians-Phase 1 Project (Project No. 2015-21.02). 1. Award and authorize the City Manager to execute a construction contract for the South De Anza Boulevard Medians-Phase 1 Project with Clean Cut Landscape Incorporated in the amount of $1,032,904.92; and 2. Authorize a construction contingency budget of $103,000, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $1,135,904.92. CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™67 1 S. De Anza Blvd. Medians-Phase 1 2015-21.02 CONTRACT Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and Clean Cut Landscape Incorporated (“Contractor”), for work on the S. De Anza Boulevard Medians-Phase 1 Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount of Contractor’s bid. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following: No other documents 3. Contractor’s Obligations. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,032,904.92 (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project within 50 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500.00 per day for each day of 68 2 S. De Anza Blvd. Medians-Phase 1 2015-21.02 CONTRACT unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City will not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: 69 3 S. De Anza Blvd. Medians-Phase 1 2015-21.02 CONTRACT City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Director of Public Works Email: johnr@cupertino.org Copy to: PWInvoices@cupertino.org Contractor: Name: Karry W endel Address: 7726 N. First Street City/State/Zip: Fresno, CA 93720 Phone: (559) 322-2041 Attn: Karry W endel Email:karry@cleancutland.com Copy to: NA 12.General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] 70 4 S. De Anza Blvd. Medians-Phase 1 2015-21.02 CONTRACT The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR CITY OF CUPERTINO Clean Cut Landscape, Inc. A Municipal Corporation By By ___________________________ Name_______________________ Timm Borden Title Director of Public Works Date _______________________ Date________________________ By Name_______________________ Title Date _______________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Grace Schmidt City Clerk Date____________________________ Contract Amount: _________________ P.O. No. ________________________ Account No. _____________________ END OF CONTRACT 71 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3680 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/13/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Reject all bids for a construction contract for the Service Center Shed #3 Improvement Project (Project No 2017-08) Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Reject all bids for a construction contract for the Service Center Shed #3 Improvement Project (Project No 2017-08) Reject all bids for a construction contract for the Service Center Shed #3 Improvement Project (Project No 2017-08) CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™72 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3016 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:9/12/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Approve the Mid-Year Financial Report and recommended budget adjustments for Fiscal Year 2017-18 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Mid-Year Financial Report FY2017-18 B - Draft Resolution C - Performance Measures for each Department D - Mid-Year Budget Journal E - Santa Clara County Creeks Coalition Letter Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Approve the Mid-Year Financial Report and recommended budget adjustments for Fiscal Year 2017-18 1. Accept the City Manager's Mid-Year Financial Report for Fiscal Year 2017-18; 2. Approve the Mid-Year adjustments for Fiscal Year 2017-18 as described in the Mid-Year Financial Report; 3. Adopt Resolution No. 18-020 approving Mid-Year budget adjustments CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™73 BACKGROUND - On June 20, 2017, the City Council adopted the Fiscal Year 2017-18 Final Budget for the City of Cupertino. On December 5, 2017, Council received an update on the City’s spending plan as part of the City Manager’s First Quarter Financial Report, which revised the budget to account for encumbrances of $10,532,154 and carryover appropriations of $41,133,535 from FY 2016-17. In the first two quarters of FY 2017-18, Council approved $4,815,182 in adjustments mostly related to the acquisition of property on Byrne Road, the Vallco Specific Plan, and a donation to the Bike Plan Implementation. In addition, there was a decrease of $3,925,080 in the Internal Service fund (ISF) mostly related to an operating transfer to the General Fund in order to consolidate the City Channel/Web internal service fund with the City’s General Fund. This resulted in an amended budget of $205,349,050. Proposed Budget through the Mid-Year | Amended Budget FY 2017-18 | Flow of Funds Chart (in Millions) * Mid Year Actuals Amended Budget Year End Actuals Mid Year Actuals Amended Budget Year End Actuals Mid Year Actuals Amended Budget Year End Actuals Mid Year Actuals Final Budget Amended Budget FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 Revenue $48.7 $56.1 $83.5 $25.2 $68.2 $77.9 $38.4 $105.6 $95.2 $33.6 $80.0 $91.9 Expenditures $37.7 $89.7 $86.2 $28.3 $79.6 $65.0 $34.7 $100.9 $94.0 $37.7 $75.1 $97.8 Fund Balance $11.0 $(33.6) $(2.7) $(3.0) $(11.5) $12.9 $3.7 $4.7 $1.2 $(4.1) $4.9 $(5.9) $(60.0) $(40.0) $(20.0) $- $20.0 $40.0 $60.0 $80.0 $100.0 $120.0 In MillionsThe following is the Mid-Year Financial Report, submitted by the Administrative Services Department for the period of October 1, 2017 to December 31, 2017 for the 2017-2018 Fiscal Year. It has been prepared to inform the City Council, City leadership and the public of the City’s fiscal status. GENERAL FUND UPDATE - General Fund Revenue, Expenditures and Fund Balance * MID-YEAR REPORT FY 2017-18 * Attachment A 74 General Fund Expenditure and RevenueTrends General Fund Classification of Fund Balance Based on unaudited final numbers, the City anticipates ending FY 2017-18 with $50.11 million in fund balance in the General Fund. This results in a decrease of $5.66 million under the first quarter projections due to an increase in FY 2017-18 expenditures over revenues. Fund Department Description Expenditure Revenue Fund Balance General Fund Administrative Services 384,820$ -$ (384,820)$ Contract Adjustment - Sales Tax Consultant Muni Services General Fund Administrative Services 29,185$ -$ (29,185)$ FT Permanent Account Clerk I/II position General Fund City Manager's Office 9,900$ -$ (9,900)$ Matching Funds to Remove Barrier to Fish Passage General Fund City Manager's Office 4,400$ (4,400)$ FT Community Outreach Specialist position General Fund Innovation and Technology 43,400$ -$ (43,400)$ Disaster Modeling and Planning for Seismic Activity General Fund Law Enforcement 60,000$ 69,000$ 9,000$ Sheriff Pass Thru Expenses, Revenue, and Admin. Fee General Fund Recreation and Community S 37,100$ (37,100)$ Part-Time staff costs for Neighborhood Events Planning General Fund Public Works 100,000$ -$ (100,000)$ Carmen Road Ped/Bike Bridge Study General Fund Non-Departmental -$ 2,600,000$ 2,600,000$ Increase in projected Sales Tax and Property Tax Revenue General Fund Non-Departmental 1,400,000$ (1,400,000)$ Transfer out fund balance to Retiree Health Fund General Fund Non-Departmental 10,000,000$ (10,000,000)$ Transfer out fund balance to the Capital Reserve Total General Fund 12,068,805$ 2,669,000$ (9,399,805)$ Capital Fund Non-Departmental 10,000,000$ 10,000,000$ Transfer in fund balance to the Capital Reserve Internal Service Fund Administrative Services -$ 1,400,000$ 1,400,000$ Transfer in fund balance to Retiree Health Fund Internal Service Fund Administrative Services 75,900$ 75,900$ -$ Short Disability Budget in the ISF Funds Total Other Funds 75,900$ 11,475,900$ 11,400,000$ Total All Funds 12,144,705$ 14,144,900$ 2,000,195$ GENERAL FUND UPDATE (continued) RECOMMENDED MID-YEAR ADJUSTMENTS SUMMARY The Mid-Year Financial Report shows the City is well-positioned to move forward. City staff recommends adjustments of $12,144,705 in appropriations and $14,144,900 in projected revenue resulting in $2,000,195 added to fund balance across all funds. Staff will continue to monitor the FY 2017-18 Amended Budget and be prepared to make recommendations and changes based on business needs and Council priorities before June 30, 2018 to ensure that the City ends the year within budgeted appropriations. As of December 31, 2017, General Fund expenditures are $37.7 million; this represents 39% of the budgeted appropriations. Expenditures at the Mid- Year point of the prior three years were between 37% and 44% of the final actual expenditures, placing this year within the range. General Fund departments are requesting adjustments totaling $12,068,805. These requests would be funded by increases in projected tax revenue and the use of General Fund unassigned fund balance. General Fund revenues are at $33.6 million; this represents 37% of the budgeted revenue. Revenues at the Mid-Year point of the prior three years were between 32% and 58%, placing this year within the range. Sales Tax, Property Tax, and Transient Occupancy Taxes are all expected to come in higher than originally projected. In total, staff is recommending to increase budgeted revenues in the General Fund by $2.6 million. Year End Projections Actuals Adopted Budget First Quarter Mid-Year Projections CLASSIFICATION 2016-17 2016-17 2017-18 2017-18 2017-18 Non Spen dable 0.94 0.88 1.10 0.94 0.94 Restricted 0.69 1.02 0.76 0.69 1.01 Committed 11.60 19.00 - *10.43 19.00 Assigned 20.50 4.64 36.80 23.86 15.95 UnAssigned 11.28 28.05 6.75 19.85 13.21 TOTAL FUND BALANCE 45.01 53.59 45.41 55.77 50.11 * FY 2017-18 adopted budget reported an Economic Uncertainty reserve in “assigned” fund balance. The FY 2017-18 First Quarter Report incorrectly classified encumbrances as “committed” fund balance. The FY 2017-18 Mid-Year Report corrected these classifications by reporting the Economic Uncertainty reserve as “committed” fund balance and encumbrances as “assigned” fund balance. 75 City of Cupertino FY17/18 Budget Performance Measures City Clerk Division Online information and updated records that can be easily accessed in a timely manner. Response to records requests to comply with State law of 10 days. Enabled by… All can fully participate in local government to achieve the community & organizational goals. So that… Enabled by… GOAL: Streamline information processing for Council, staff and community members for compliance with State requirements and facilitate independent and transparent access to public information. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target City Council minutes for regular meetings presented for Council approval by the following regular meeting 100% 100% 100% Adopted City Council resolutions and ordinances processed and scanned to Laserfiche within a week of Clerk’s office receipt of final, signed document 100% 100% 100% Public Record Act requests responded to by the Statutory deadline date 100% 100% 100% 76 City of Cupertino FY17/18 Budget Performance Measures Public Affairs Division Enabled by… So that… GOAL: Promote and increase interest and participation in City services, programs, initiatives, and projects while building community pride and positive identification with the City among its residents. Residents have access to timely, engaging, and important information. 1Clicks have now been added to the engagement metric, which will bump up the average number. 2The performance measure for “Access Cupertino: Average response time to customers organization-wide” was revised as Access Cupertino was replaced by Cupertino 311 in September 2017. The Cupertino 311 Application is administered through the IT Department, but each individual department is responsible for responding to its own requests. Response times are organized by request category. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Social media engagement: total number of followers including City Hall Nextdoor, Facebook, Twitter, and Instagram accounts 19,250 20,700 10% annual increase Social media engagement: average number of engagements (reactions, comments, shares, and clicks1) per post on City Hall Facebook account 39.6 44.9 10% annual increase Cupertino 311: Average response time to customers organization-wide (in days)2: Construction: Graffiti: Trash: Parking /Abandoned Vehicle: Noise Disturbance: Animal Concern: Property Use Concerns: Tree/Landscape Issue: Roadway: Parks and Recreation: Stormwater: Homelessness: Other: N/A 1.45 0.29 2.00 2.32 1.06 0.48 3.18 2.70 1.08 5.14 3.71 4.79 1.76 Respond within 2 days Leveraging the communication skills, knowledge, and experience of employees while also utilizing existing and emerging technologies to enhance, improve, and streamline the communication process. 77 City of Cupertino FY17/18 Budget Performance Measures Sustainability Division An agency implementing Council and community sustainability goals to effectively safeguard shared resources. Enabled by… Engaged community partners and volunteers supporting CAP implementation. Enabled by… Cupertino is a healthy, resilient, environmentally -vibrant City for current and future residents to live, work, learn and play. So that… GOAL: Implement Cupertino’s Climate Action Plan and General Plan Sustainability Element to achieve quantifiable emissions reductions, conserve finite resources, and achieve utility cost avoidance and savings across municipal operations and community partners. 1 Cupertino’s GHG inventories are conducted roughly every 3-5 years. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target % community-wide emissions reduced from baseline of 307,288 MT CO2e/yr1 2015 inventory: 13.1% decrease in emissions from baseline: 294,281 MTCO2e 15% reduction by 2020 (261,195 MT CO2e/yr) Initiate and implement all Climate Action Plan near-term measures x% initiated x% complete or ongoing 100% 45% 100% 55% 100% 100% Increase the total number of Certified Green Businesses through the city’s GreenBiz program to improve efficiency and conserve resources 63 Total 3 New 6 Re-cert 63 Total 1 Re-cert 100 78 City of Cupertino FY17/18 Budget Performance Measures Department: Administrative Services Citizens can enjoy high quality of services that meet community priorities. So that… So that… So that… GOAL: Financial Stability – Provide a sustainable level of core services that are funded from ongoing and stable revenue sources. Finance Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target General fund balance as a % of budgeted appropriations 53% 61% 35% Credit Rating AA+ AA+ AA+ Funding allocated to high priority services (Public Works, Community Development, Law Enforcement) 49% 59% 63% Actual revenue vs. budget (within x% budget) 24% 58% 10% Actual expenditures (% below budget) 14% 68% 5% The City is financially responsible. The City can invest in Community priorities. 79 City of Cupertino FY17/18 Budget Performance Measures Department: Administrative Services So that… So that… So that… So that… Human Resources Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target # of Worker’s Compensation Cases 12 7 0 Total recordable Injury Rate YTD 5.2% 2.8% 0% % absenteeism (% of total annual work hours) 2.3% 2% 2% % turnover rate 9.06% 1% 1% % Employee satisfaction N/A N/A 100% % Employee participation in wellness activities 63% 55% 75% Average # of applications received per recruitment 76 37 50 Recruitment timeline - # days from hiring request to offer letter 81 97 60 days # of Worker’s using the Telework program 17 16 17 Utilization of Full-service employee portal 100% 100% 100% The City can ensure a safe working environment for all employees. The agency supports a professional and engaged workforce offering diverse and quality community services. GOAL: To create a thriving organization with meaningful careers in public service. The agency builds a flexible and productive work arrangement. The City attracts and retains a talented workforce. 80 City of Cupertino FY17/18 Budget Performance Measures Department: Information Technology 1 Reworded to explain ratios for clarity 2 Tracking started in FY17 Q2 Integrated information services enable customers’ access to the tools and information they need, when and where they need it. So that… Enabled by… GOAL: Provide superior delivery of information and technology services to city employees and constituents while continually enhancing levels of engagement. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target GIS: Open Data site visits per month 170 186 140 GIS: Number of annual requests (map, data, Web applications, Cityworks, schema, other) completed 325 158 400 GIS: Property Information site visits per month 190 220 200 GIS: Cityworks utilization - number of assets maintained Number of active users in the system 30/23 35/27 30/30 Video: Percentage of scheduled projects completed on time (on time/scheduled) 1 93%2 69/74 97% 67/69 95% Video: Percentage of accepted requests originating outside of Video Dept (external requests accepted/all external requests) 1 93% 54/58 98% 48/49 95% Infrastructure: Percentage based upon number of scheduled projects/Number of projects completed on time 84% 76% 80% Infrastructure: Percentage based upon number of HelpDesk KACE tickets/SLA measurements 94% 96% 90% Infrastructure: % Customer satisfaction based upon Satisfaction Rate from KACE tickets 100% 100% 85% Infrastructure: % of network uptime (not including planned maintenance) 99.99% 99.99% 99.99% Applications: % of citywide-enterprise application project management performed on time and on budget 95% 95% 95% Applications: Number of website visits/hits 1,865,875 6% increase 1,007,570 4% increase 5% annual increase Tools and services leverage existing, emerging and innovative technologies to enhance, improve, and streamline business and communications processes. 81 City of Cupertino FY17/18 Budget Performance Measures Public Works Department So that… So that… So that… So that… So that… So that… Capital Project Delivery GOAL: Deliver capital projects on time and within budget. Development Services GOAL: Provide timely review and permitting of privately completed improvements within the public right of way. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Respond to complete plan submittals or applications within two (2) weeks 98 99 90% Respond to public inquiries at the Public Works counter in City Hall within 15 minutes. 100 100 95% Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Projects are on budget (5) 100% (7) 100% 80% Projects are on time (4) 80% (7) 100% 80% Residents and businesses are assured their community is being improved by efficient use of taxes and fees. Customers expect quality reviews and permitting on a defined schedule. Public Works Department reviews improvements within the public right of way. Projects are constructed to an approved standard by a well-trained staff. Projects are utilized by the community. City funds capital improvement projects. 82 City of Cupertino FY17/18 Budget Performance Measures Public Works Department So that… Dependable Infrastructure GOAL: Timely maintain levels of service to meet community and environment requirements at optimal life-cycle costs. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Pavement condition index (PCI) > or equal to 82* 78 81 82 Respond to reported issues within one (1) business day: Storm drain system Street markings & signs Sidewalk and pathway Playground equipment 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Respond to reported issues within two (2) business days: Remove graffiti Streetlight outages 100% 100% 100% 100% 100% 100% Respond within one (1) hour on any reported safety issue regarding traffic signals 100 100% 100% The City consistently funds infrastructure maintenance and safety improvement programs. So that… Infrastructure indicates good condition; safety programs are effective. So that… Cupertino has well maintained infrastructure and programs that meets the needs of the community. 83 City of Cupertino FY17/18 Budget Performance Measures Public Works Department So that… So that… So that… So that… Environment GOAL: Protect our natural environment for current and future generations. 1 CalRecycle has a 12 month lag in reporting. Data is for calendar year 2016. 2 Does not include business donations, back haul, or other source reduction, etc. 3 .For FY18, Recology began breaking out multi-family from commercial tonnage. Our data for FY18 Jul-Dec displays the diversion rates for the multi-family and commercial sector respectively. 4 Urban Forest Workplan Updated November 2016 5 Proactive inspections are primarily conducted during Q3 and Q4 each year Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Respond to reports of actual or potential discharge the same business day 97% 95% 80% Percent of businesses in compliance during annual proactive inspections 87% N/A5 75% Tons of waste entering landfill (does not include self-haul or material to landfills other than Newby Island) 30,140 14,917 =< 27,000 Diversion Rates rate By employment1: By population1: Commercial only2: 72% 56% 47% N/A 21%3 55%3 75% 75% 60% Number of all business and multifamily accounts separating organics out of 496 135/488 28% 144/483 30% 50% Number of outreach site visits, workshops, events and activities to inform residents and businesses 198 65 150 % of street, median, and park trees maintained according to the Urban Forest Workplan4 164% 68% 100% Number of trees planted compared to number of trees removed -68 +118 =173% -67 +53 =79% 110% All new vehicle purchases are to be hybrid and/or electric only models 90% 90% 90% Potential pollutants are stopped before entering the storm drain system. Cupertino’s urban forest is resilient, healthy and safe. Vehicles purchased have the least environmental impact possible. Diversion of solid waste from landfill is maximized, compost is produced for community use, recyclable material is sold to help offset collection costs and methane gas emissions at landfills are reduced. So that… Current and future residents enjoy a healthy, sustainable environment. So that… 84 City of Cupertino FY17/18 Budget Performance Measures Community Development Department Efficient planning and building services and enhanced customer service. Enabled by… Enabled by… So that… Cupertino is a thriving City to live, work, learn and play. Effective code enforcement services. Affordable and Below Market Rate Housing programs and public service grants. Enabled by… Enabled by… Proactive Economic Development programs to support local business. Enabled by… GOAL: Review and guide development activity to ensure compliance with relevant codes and policies, and alignment with community values to promote and enhance Cupertino’s community-wide quality of life. 1 1 During the first half of FY 17-18, the Below Market Rate Housing Division paid out a $3,672,000 loan. If we remove that loan from the expense ledger, then cost recovery for the same period is 62.38%. Revenue from Apple Park contracts was delayed until the second half of the year. 2 We will be able to report the percentage of building plan reviews completed within 15 business days and the percentage of building inspections requested online when the new land use and permitting software goes live. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target Department cost recovery 93.18% 32.36%1 96% Website Updates Completed on Schedule N/A 100% 100% Planning application reviews completed 5 days before 30 day deadline 65% 50% 50% Building permit applications reviewed over-the-counter (OTC) 76.55% 78.73% 80% Average number of days to initiate investigation of code complaints 0.97 2.39 <7 Code enforcement cases resolved without issuance of citations 98.30% 96.55% 80% Landlord-tenant counseling and dispute resolution cases provided 115 28 100 per year Below market rate rental and purchase vacancies filled 22 20 15 per year Housing resources and referrals provided 600 1,200 400 per year Economic Development Business Buzz Readers 489 462 700 in FY 17-18 Economic Development Business Workshops & Events 15 10 12 per year 85 City of Cupertino FY17/18 Budget Performance Measures Department: Recreation and Community Services Enabled by… Enabled by… So that… GOAL: Create a positive, healthy and connected community. Measure FY17 Jul-Jun FY18 Jul-Dec Ongoing Target % Recreation and Community Services Department customers surveyed who rate services as good or excellent 95% 97% 85% % programs maintain minimum registration 71% 69% 80% % Department’s total cost recovery for all (direct and indirect) costs 49% 63% 40% # of new programs or events offered 132 87 50 % change in participants -6% -4% +1% City investment in quality recreation and community programs. Improved business processes to improve customer experience. Cupertino has an exceptional system of parks & services that align with community values. 86 City of Cupertino FY17/18 Budget Performance Measures Law Enforcement All members of the community are safe, informed, empowered and supported. Enabled by … So that … GOAL: Maintain a safe environment to live, work, learn and play. Measu r e FY17 Jul-Jun FY18 Jul-Dec Ongoing Target % monitor adequate response time for emergency calls  Priority 1  Priority 2  Priority 3 5.07 8.00 15.79 4.23 7.49 14.79 5 minutes 9 minutes 20 minutes % Education programs maintain minimum attendance  Teen Academy  Citizen Academy 85% 55% 90% 85% 80% 80% A Sheriff’s Office that is responsive and engaging. 87 Attachment D Fund GL Account Expenditure Revenue Proposal General Fund 100-41-405-700-702 384,820$ Contract Adjustment - Sales Tax Consultant Muni Services General Fund 100-41-405-500-501 8,885$ FT Permanent Account Clerk I/II position General Fund 100-41-405-500-507 127$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-500 2,325$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-502 30$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-505 2,618$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-506 246$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-507 145$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-508 72$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-509 115$ FT Permanent Account Clerk I/II position General Fund 100-41-405-501-511 30$ FT Permanent Account Clerk I/II position General Fund 100-41-406-500-501 8,885$ FT Permanent Account Clerk I/II position General Fund 100-41-406-500-507 127$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-500 2,325$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-502 30$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-505 2,618$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-506 246$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-507 144$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-508 72$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-509 115$ FT Permanent Account Clerk I/II position General Fund 100-41-406-501-511 30$ FT Permanent Account Clerk I/II position General Fund 100-12-122 700-702 9,900$ Matching Funds to Remove Barrier to Fish Passage General Fund 100-61-602 500-501 (10,845)$ FT Community Outreach Specialist position General Fund 100-61-602 500-507 (19)$ FT Community Outreach Specialist position General Fund 100-61-602 501-500 (2,838)$ FT Community Outreach Specialist position General Fund 100-61-602 501-502 (130)$ FT Community Outreach Specialist position General Fund 100-61-602 501-505 (1,804)$ FT Community Outreach Specialist position General Fund 100-61-602 501-506 (319)$ FT Community Outreach Specialist position General Fund 100-61-602 501-507 (163)$ FT Community Outreach Specialist position General Fund 100-61-602 501-508 (115)$ FT Community Outreach Specialist position General Fund 100-61-602 501-509 (70)$ FT Community Outreach Specialist position GENERAL FUND 88 Attachment D General Fund 100-61-602 501-511 (39)$ FT Community Outreach Specialist position General Fund 100-61-602 501-512 (10)$ FT Community Outreach Specialist position General Fund 100-61-605 500-501 (1,618)$ FT Community Outreach Specialist position General Fund 100-61-605 500-507 (3)$ FT Community Outreach Specialist position General Fund 100-61-605 501-500 (423)$ FT Community Outreach Specialist position General Fund 100-61-605 501-502 (20)$ FT Community Outreach Specialist position General Fund 100-61-605 501-505 (271)$ FT Community Outreach Specialist position General Fund 100-61-605 501-506 (48)$ FT Community Outreach Specialist position General Fund 100-61-605 501-507 (25)$ FT Community Outreach Specialist position General Fund 100-61-605 501-508 (17)$ FT Community Outreach Specialist position General Fund 100-61-605 501-509 (11)$ FT Community Outreach Specialist position General Fund 100-61-605 501-511 (6)$ FT Community Outreach Specialist position General Fund 100-61-605 501-512 (2)$ FT Community Outreach Specialist position General Fund 100-61-630 500-501 (3,719)$ FT Community Outreach Specialist position General Fund 100-61-630 500-507 (7)$ FT Community Outreach Specialist position General Fund 100-61-630 501-500 (973)$ FT Community Outreach Specialist position General Fund 100-61-630 501-502 (46)$ FT Community Outreach Specialist position General Fund 100-61-630 501-505 (632)$ FT Community Outreach Specialist position General Fund 100-61-630 501-506 (112)$ FT Community Outreach Specialist position General Fund 100-61-630 501-507 (56)$ FT Community Outreach Specialist position General Fund 100-61-630 501-508 (40)$ FT Community Outreach Specialist position General Fund 100-61-630 501-509 (24)$ FT Community Outreach Specialist position General Fund 100-61-630 501-511 (14)$ FT Community Outreach Specialist position General Fund 100-61-630 501-512 (3)$ FT Community Outreach Specialist position General Fund 100-12-126 500-501 19,617$ FT Community Outreach Specialist position General Fund 100-12-126 500-507 29$ FT Community Outreach Specialist position General Fund 100-12-126 501-500 5,133$ FT Community Outreach Specialist position General Fund 100-12-126 501-502 195$ FT Community Outreach Specialist position General Fund 100-12-126 501-505 2,706$ FT Community Outreach Specialist position General Fund 100-12-126 501-506 479$ FT Community Outreach Specialist position General Fund 100-12-126 501-507 293$ FT Community Outreach Specialist position General Fund 100-12-126 501-508 173$ FT Community Outreach Specialist position General Fund 100-12-126 501-509 124$ FT Community Outreach Specialist position 89 Attachment D General Fund 100-12-126 501-511 58$ FT Community Outreach Specialist position General Fund 100-12-126 501-512 15$ FT Community Outreach Specialist position General Fund 100-32-308 600-606 43,400$ Disaster Modeling and Planning for Seismic Activity General Fund 100-20-200 700-705 60,000$ Sheriff Pass Thru Expenses, Revenue, and Admin. Fee General Fund 100-20-200 450-404 69,000$ Sheriff Pass Thru Expenses, Revenue, and Admin. Fee General Fund 100-60-601 500-502 37,100$ Part-Time staff costs for Neighborhood Events Planning General Fund 100-82-806 700-702 100,000$ Carmen Road Ped/Bike Bridge Study General Fund 100-90-001 401-401 1,000,000$ Increase in projected Sales Tax Revenue General Fund 100-90-001 402-401 1,600,000$ Increase in projected Property Tax Revenue General Fund 100-90-001 800-902 1,400,000$ Transfer out fund balance to Retiree Health Fund General Fund 100-90-001 800-902 10,000,000$ Transfer out fund balance to the Capital Reserve 12,068,805$ 2,669,000$ INTERNAL SERVICE FUND Internal Service Fund 642-44-414 421-401 1,400,000$ Transfer in fund balance to Retiree Health Fund Internal Service Fund 641-44-419 700-704 75,900$ Short Disability Budget in the ISF Funds Internal Service Fund 641-90-001 450-404 75,900$ Short Disability Budget in the ISF Funds 75,900$ 1,475,900$ CAPITAL PROJECTS FUND Capital Projects Fund 429-90-001 421-401 10,000,000$ Transfer in fund balance to the Capital Reserve -$ 10,000,000$ 12,144,705$ 14,144,900$ TOTAL GENERAL FUND TOTAL INTERNAL SERVICE FUND TOTAL CAPITAL PROJECTS FUND TOTAL ALL FUNDS 90 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1753 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:6/1/2016 City Council On agenda:Final action:3/6/2018 Title:Subject: Social Host Responsibility ordinance Sponsors: Indexes: Code sections: Attachments:Staff Report A - Local Social Host Ordinances B - Draft Ordinance Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Social Host Responsibility ordinance Following the first and second readings, adopt Ordinance No. 18-2172:" An Ordinance of the City Council of the City of Cupertino adding Chapter 10.05 “Social Host Responsibility” to the Cupertino Municipal Code, Article 10 “Public Peace and Morals” to deter underage drinking and drug use during events/gatherings" CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™91 COUNTY OF SANTA CLARA CITIES & SOCIAL HOST ORDINANCESCITY/TOWNORDINANCE/MUNI. CODESOCIAL HOST ORD.DATEEXPLANATIONCampbellNoneNoCriminal codes onlyCupertinoNoneNoCriminal codes onlyGilroyOrd.  2007‐14 Sec. 19C Yes7/8/2007Los AltosTitle 7 , Ord. 7.0.030Yes2/25/1989Los Altos HillsCounty NoIn process with City ManagerLos GatosM.C. Sec. 18.30.010Yes6/9/2008MilpitasOrd.  280, Ch. 7Yes2/16/2010Monte SerenoM.C. 4.16.010Yes8/31/1990 Joint police w/Los GatosMorgan HillM.C. 9.13Yes9/2/2009Mt. ViewNoCriminal codes onlyPalo AltoM.C. 9.04.040Yes12/3/2007San JoseOrd. 29088. Ch. 10.30Yes5/15/2012Santa ClaraOrd. 9.05.020Yes11/24/2009SaratogaM.C. 6‐15.120Yes6/4/2008SunnyvaleOrd. 2327‐90/M.C. 9.50.030 Yes6/8/1990County of  Santa ClaraCh. III, Sec. B13‐36Yes1/1/2009The purpose of a social host ordinance is, "To enforce laws prohibiting the consumption of alcoholic beverages by underage persons, as well as to deter the service of alcoholic beverages to and consumption of alcoholic beverages by underage persons at certain gatherings; and to protect public health, safety, general welfare, and quiet enjoyment of property…"State of CaliforniaCivil Code Sec. 1714 (d) Yes1/1/2011In California, laws already exist to address the problem of adults who furnish alcoholic beverages tounderage persons. (Cal. Bus. & Prof. Code § 25668(b) and Bus. & Prof. Code § 25658.2)  In contrast,  social host liability laws hold individuals responsible for underage drinking events on property they own, lease or otherwise control.   Note:  Eleven (11) cities have a Social Host Ordinance and three (3) cities and one (1) town do not.Yes: Gilroy, Los Altos, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Jose, Santa Clara, Saratoga & SunnyvaleNo:  Campbell, Cupertino, Los Altos Hills & Mt. View Feb. 2016/ SCC Prevention92 ORDINANCE NO. 17- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADDING CHAPTER 10.05 “SOCIAL HOST RESPONSIBILITY” TO THE CUPERTINO MUNICIPAL CODE, ARTICLE 10 “PUBLIC PEACE AND MORALS” TO DETER UNDERAGE DRINKING AND DRUG USE AT SOCIAL EVENTS/GATHERINGS WHEREAS, the City of Cupertino is empowered under the California Constitution and state law to exercise police powers to enact laws that promote the public health, safety and general welfare of its residents; WHEREAS, drinking alcoholic beverages and using illegal drugs is detrimental to health and a threat to the peace, safety, quiet enjoyment of neighboring residents and the general welfare of the public. According to the Drug Abuse Warning Network (DAWN), nearly 188,000 alcohol-related emergency department (ED) visits in 2011 involved patients aged 12 to 20. Of these visits, 20% resulted in a serious outcome including admission to the hospital, transfer to another health care facility, or death. Visits involving alcohol and other drugs were more likely than visits involving alcohol only to result in a serious outcome (33 vs. 12 percent)1; WHEREAS, in 2005, an American Medical Association survey showed that the most common connection between a minor drinking alcoholic beverages at a party is the adult who either provided the alcohol or provided the setting where underage drinking could occur.2 WHEREAS, some private gatherings and events held at private residences, rented residential premises, or rented commercial premises in the City, may allow minors and underage persons to consume alcoholic beverages or use controlled substances; WHEREAS, adult and minor persons responsible for hosting private gatherings/events attended by minors and underage persons should take responsibility for the event, supervise minors, and ensure that alcoholic beverages or controlled substances are not served to or consumed by underage persons ; WHEREAS, problems associated with private gatherings involving underage persons drinking alcohol or using controlled substances can be difficult to prevent and deter, and law enforcement requires additional methods to deal with underage drinking and its attendant problems; WHEREAS, imposing reasonable fines on social hosts will encourage more supervision and responsibility for these events, and requiring offending minor social hosts to face consequences such as attending a substance abuse class and performing community service will serve to educate them on the risks of using drugs or consuming alcohol and deter them from allowing underage drinking at future social gatherings; 1 Drug Abuse Warning Network (DAWN). National Estimates of Drug-Related Emergency Department Visits (2011). Available at: https://www.samhsa.gov/data/sites/default/files/DAWN2k11ED/DAWN2k11ED/DAWN2k11ED.pdf. 2 American Medical Association (AMA). Adults Most Common Source of Alcohol for Teens, According to Poll of Teens 13-18 (2005). Available at: http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm. 93 WHEREAS, research on social host laws show that teens are less likely to engage in social drinking in communities with social host policies.3 WHEREAS, the City’s Teen Commission and Public Safety Commission both unanimously recommend that the City Council adopt this Social Host Responsibility Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.05 "Social Host Responsibility" is added to Title 10 "Public Peace, Safety and Morals" of the Cupertino Municipal Code, as follows: CHAPTER 10.05 SOCIAL HOST RESPONSIBILITY Section 10.05.005 Definitions 10.05.010 Unlawful 10.05.020 Penalties 10.05.030 Remedies Cumulative 10.05.040 Exceptions 10.05.005 Definitions. For purposes of this chapter, the following terms shall have the following meanings: “Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer that contain one-half of one percent (0.005) or more of alcohol by volume; and is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (California Business and Professional Code Section 23004). “Controlled substance” means a drug or substance whose possession and use are regulated under the California Controlled Substances Act (California Health and Safety Code Section 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription. “Minor” means any person less than eighteen (18) years of age. “Property” means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, garage, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, for a party or other social function, and whether owned, leased, rented, or used with or without compensation. "Event” means a party or gathering where a group of three or more persons assemble for a social occasion or a social activity or for entertainment. “Social Host” means an adult or underage person responsible for the Event. An Adult Social Host 3 Wagoner, K. G., Sparks, M., Francisco, V. T., Wyrick, D., Nichols, T., & Wolfson, M. (2013). Social host policies and underage drinking parties. Substance use & misuse, 48(1-2), 41-53 Thomas, S., Paschall, M. J., Grube, J. W., Cannon, C., & Treffers, R. (2012). Underage alcohol policies across 50 California cities: an assessment of best practices. Substance abuse treatment, prevention, and policy, 7(1), 1. 94 or a Minor Social Host are responsible for the Event if: 1. The person owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place irrespective of whether such person knew of the event or knew or intended that alcoholic beverages would be possessed or consumed by minors; provided, however, that the term "person" shall not include the owner of the premises where the owner leases or rents the premises to a third party and has no actual knowledge that the party, gathering or event in question would take place on the premises, unless the owner or owner's representative has received written notice pursuant to Section 10.05.020; or 2. The person is present during the Event; or 3. The person is in charge of the premises; or 4. The person organized or advertised the event 5. If the Event involves a Minor Social Host, the parents or guardians will be considered persons responsible and held jointly and severally liable for penalties imposed pursuant to this chapter, irrespective of whether the parent(s) knew or should have known of the Event or that alcoholic beverages or drugs were intended to or made available to minors. "Loud party, gathering or event" shall mean an incident that results in a “noise disturbance” which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood, as defined in Chapter 10.48 of the Cupertino Municipal Code. "Unruly party, gathering or event" is any incident that threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the State of California. “Underage person” means any person under twenty-one (21) years of age. 10.05.010 Unlawful. It shall be unlawful and a public nuisance for any person to host an Event on Private Property where either alcohol or controlled substances are served to, consumed by, made available to, or in the possession of minors or underage persons, or where said substances are allowed to be used or ingested by minors or underage persons. 10.05.020 Penalties. Violations of this Chapter shall constitute a civil infraction subject to enforcement by the Alameda County Sheriff or the City’s code enforcement officers, as follows: (1) Adult Social Hosts and the parents or guardians of Minor Social Hosts shall be subject to the following fines and penalties for violations: (a) Issuance of a written warning and a cease and desist notice on the first offense/violation, as determined by the Sheriff or City Code Enforcement Officer within their discretion; (b) A fine not exceeding five hundred dollars ($500.00) for a second violation occurring within one (1) year of the written warning; and (c) A fine not exceeding one thousand dollars ($1,000.00) for a third violation and any subsequent violation occurring within a one year period. 95 (2) Minor Social Hosts shall be required to: (a) Complete a sheriff-approved alcohol and drug abuse prevention course after the first violation; and (b) Twenty-five (25) hours of community service for the second violation occurring within a one year period; and (d) Forty (40) hours of community service for the third violation and any subsequent violation occurring within a one year period. 10.05.030 Remedies Cumulative. Remedies under this Chapter are cumulative and not exclusive. They are in addition to and do not supersede or limit any and all other remedies, civil or criminal, provided by law. SECTION 2. INAPPLICABILITY. Nothing in this Chapter is intended to apply to activities that are constitutionally protected or authorized by law. SECTION 3. CEQA EXEMPTION The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(2), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that the adoption of an ordinance of general policy and procedure does not constitute a project within the meaning of CEQA. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. SECTION 6. CERTIFICATION. 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. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 6th day of March, 2018 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 20th of March 2018, by the following vote: 96 Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 97 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3701 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:2/26/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Add Chamber of Commerce focus group committees to Council Committee assignments (Support Local Businesses, Transportation, and Housing/Redevelopment) Sponsors: Indexes: Code sections: Attachments:A - 2018 Committee Assignments Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Add Chamber of Commerce focus group committees to Council Committee assignments (Support Local Businesses, Transportation, and Housing/Redevelopment) Add Chamber of Commerce focus group committees to Council Committee assignments (Support Local Businesses, Transportation, and Housing/Redevelopment) CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™98 2018 Council Committees2018 Council CommitteesBarry Steven Savita Darcy Rod 2017 Representative MeetingsAd Hoc Committee on South Flow Arrivals X XAssociation of Bay Area Governments (ABAG)X Steven 2x a year X Alternate - BarryAudit Committee (City of Cupertino)X X Steven and Rod QuarterlyChamber of Commerce - Support Local Business CommitteeX X N/AEvery other monthChamber of Commerce - Transportation CommitteeX X N/AEvery other monthChamber of Commerce - Housing/Redevelopment CommitteeX X N/AEvery other monthComprehensive County Expressway Planning Study Policy Advisory BoardXDarcy TBDX Alternate - StevenDisaster Council (Cupertino)X Savita Quarterly X Alternate - StevenEconomic Development CommitteeX Savita and Steven Quarterly XEnvironmental Review CommitteeX Barry 2x a month X Alternate - StevenFiscal Strategic Planning CommitteeX X Rod and Steven MonthlyMarch-JuneLegislative Review CommitteeX X Barry and Rod As Needed League of California Cities - Peninsula DivisionAll All All All All ALL 3x a yearDinner Meetings1]2/28/2018 - FINAL99 2018 Council Committees2018 Council CommitteesBarry Steven Savita Darcy Rod 2017 Representative MeetingsCities Association of Santa Clara County Select Committee on South Bay Arrivals XSanta Clara County Cities Association - Board of DirectorsX Rod MonthlyX Alternate - SavitaSanta Clara County Cities Association - City Selection CommitteeX Savita As Needed X Alternate - RodSanta Clara County Cities Association - Legislative CommitteeX Rod As NeededX Alternate - SavitaSanta Clara County Library District Joint Powers Authority - Board of DirectorsXDarcy QuarterlyX Alternate - BarrySanta Clara Valley Water CommissionX Steven Quarterly XAlternate - Darcy2nd Alternate - Timm BordenSanta Clara Valley Transportation Authority XRodMonthlyPolicy Advisory CommitteeX Alternate - BarrySchool Board LiasionXDarcyQuarterlyFUHSD, CUSD, Foothill-DeAnza Community College DistrictXAlternate - SavitaSister City Committees XXSavita (Bhubaneswar, Copertino, Toyokawa)MonthlyBarry (Hsinchu) (3 cities)West Valley Mayors and City ManagersX Darcy Monthly Alt Alternate - Rod85 Policy Advisory BoardX Rod MonthlyX Alternate - Barry Silicon Valley Clean Energy Authority (SVCEA) JPAX Rod 4x a year X Alternate - Darcy or as needed2]2/28/2018 - FINAL100 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3703 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:2/26/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: SB 100: California Renewables Portfolio Standard Program (De León) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Sample Letter of Support Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: SB 100: California Renewables Portfolio Standard Program (De León) Support SB 100 (De León) and authorize the Mayor to send letters of support to state legislative leaders along with our state delegation. CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™101 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3704 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:2/26/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: SB 827 - Transit-Rich Housing Bonus (Weiner) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Sample Letter of Opposition Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: SB 827 - Transit-Rich Housing Bonus (Weiner) Oppose SB 827 (Weiner) and authorize the Mayor to send letters of opposition to state legislative leaders along with our state delegation. CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™102 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3309 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:3/6/2018 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™103 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3692 Name: Status:Type:Adjournment Agenda Ready File created:In control:2/21/2018 City Council On agenda:Final action:3/6/2018 Title:Subject: Adjourn in memory of former Cupertino Mayor Jerry J. Fitzgerald Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/6/2018 1 Subject: Adjourn in memory of former Cupertino Mayor Jerry J. Fitzgerald Adjourn in memory of former Cupertino Mayor Jerry J. Fitzgerald CITY OF CUPERTINO Printed on 2/28/2018Page 1 of 1 powered by Legistar™104 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM] Press room | Índice en español Labor Law Cal/OSHA - Safety & Health Workers' Comp Self Insurance Apprenticeship Director's Office Boards 105 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM]106 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM]107 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM]108 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM]109 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM]110 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM] Office of Policy, Research and Legislation Office of Policy, Research, and Legislation (OPRL) Office of Policy, Research, and Legislation (OPRL) Programs and Initiatives Research and Statistics Conduct and oversee research to evaluate effectiveness of programs Coordinate the sharing of data and information between agencies Prepare and maintain statistics and databases on public works projects, occupational injuries & illnesses, the California Consumer Price Index, and alternative workweek programs. Office of Legislative Affairs (OLA) Programs and Initiatives Policy Communicate and collaborate on emerging issues with the Governor’s Office, other branches of federal and state government, workers, employers and others in the community Undertake strategic planning to ensure integration of policy, research, legislative activities, education and outreach Legislation View prevailing wage determinations, statistics, and databases » 111 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM] Office of Policy, Research and Legislation Quick Links Alternative workweek Consumer Price Index Prevailing wage determinations Labor compliance Public Works Injury & Illness Statistics External Resources California Labor and Workforce Development Agency Analyze proposed legislation including potential costs, benefits, and other impacts Coordinate legislative activities within the Department and with other agencies Support and coordinate the implementation of newly enacted legislation Contact Information Victoria Hassid Deputy Director of Legislation and Policy Vhassid@dir.ca.gov (510) 286-7087 For constituent inquiries, please send your request to LegInquiry@dir.ca.gov Legislative Reports 2017 Legislative Report 2016 Legislative Report 2015 Legislative Report 2014 Legislative Report Department of Industrial Relations Reports 2016 Fatal Occupational Injuries Prevailing Wage Determinations Important Notices 112 Director's Office of Policy, Research & Legislation - Statistics http://www.dir.ca.gov/OPRL/[2/28/2018 7:37:38 PM] Federal Bureau of Labor Statistics Employment Development Department About OPRL Contact Us OPRL Home About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Jobs at DIR Licensing, registrations, certifications & permits Required Notifications Public Records Requests Learn More Acceso al idioma Frequently Asked Questions Site Map Copyright © 2018 State of California Back to Top Conditions of Use Privacy Policy Disclaimer Disability Accommodation Standard Browser Usability Features Site Help 113 Adults Most Common Source of Alcohol For Teens http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm[2/28/2018 7:37:46 PM] Download Free Poster You can print one copy for yourself or save this file to a cd and take to your local copy shop to print multiple copies on a color copier or color laser printer HOME | SITE MAP | ABOUT US | CONTACT US Press Releases Media Kits Newsletter Spokespeople Our Ads Our Polls Brochures & Flyers Subscribe to our Quarterly Newsletter ADULTS MOST COMMON SOURCE OF ALCOHOL FOR TEENS, ACCORDING TO POLL OF TEENS 13-18 Polls show teenagers, especially girls, obtain alcohol easily from friends and family EMBARGOED FOR RELEASE: 12:01 a.m. (ET), Monday, August 8, 2005 CHICAGO – The American Medical Association (AMA) released the results of two nationwide polls today that reveal how underage youth obtain alcohol, as well as how easily and often. The polls also show parental opinions and behaviors about providing alcohol to teenagers and perceptions on how youth acquire alcohol. The polls were funded as part of the AMA’s partnership with The Robert Wood Johnson Foundation. “From a public health standpoint, these findings are frankly disturbing,” said J. Edward Hill, M.D., president of the AMA. “While it is of great concern to see how easily teens, especially young girls, get alcohol, it is alarming to know that legal-age adults, even parents, are supplying the alcohol.” The poll of teens, aged 13-18, found that nearly half reported having obtained alcohol at some point. In all age groups, girls nearly always ranked higher than boys in obtaining alcohol. In the adult poll, about one out of four U.S. parents with children, aged 12-20 (26%), agree that teens should be able to drink at home with their parents present. “Policies and law enforcement efforts to stop minors from obtaining alcohol are important, but this data reveals how easily avoided those policies and laws can be when legal-aged buyers are the leading source of alcohol for children,” said Hill. “And even parents who do not buy for their children could be unwitting sources if their alcohol at home is left unsecured.” Two out of three teens, aged 13-18, said it is easy to get alcohol from their homes without parents knowing about it. One third responded that it is easy to obtain alcohol from their own parents knowingly, which increases to 40 percent when it is from a friend’s parent. And one in four teens have attended a party where minors were drinking in front of parents. “Parents allowing underage children to drink under their supervision are under a dangerous misperception,” said Hill. “Injuries and car accidents after such parent-hosted parties remind us that no parent can completely control the actions of intoxicated youth, during or after a party. And the main message children hear is that drinking illegally is okay.” Other key findings of the two polls include: 114 Adults Most Common Source of Alcohol For Teens http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm[2/28/2018 7:37:46 PM] Nearly one in four teens, aged 13-18, and one in three girls, aged 16- 18, say their own parents have supplied them with alcohol, and teens who have obtained alcohol reported that, in the past six months, parents were the suppliers three times on average. While 71 percent of parents with children, aged 12-20, disagreed with the statement that teen drinking was okay if a parent were present, 76 percent think it is likely that teenagers get alcohol from someone’s parent—and they knew about it. One out of four parents of children, aged 12-20 (25%), say they have allowed their teens to drink with their supervision in the past six months. Approximately one in 12 (8%) indicated they have allowed their teen’s friends to also drink under their supervision in the past six months. While only eight percent of parents of children aged 12-20 indicated that they allowed their teen and his/her friends to drink with supervision in the past six months, 21 percent of teens attended a party where the alcohol was provided by someone else’s parents. And 27 percent of teens attended a party where youth were drinking with parents present. This discrepancy suggests parents are unaware that other parents are allowing their own children to drink. “The AMA applauds parents who discourage and disallow underage drinking,” said Hill. “We hope that such parents willing to stand up for their children’s health will be more vocal in their communities, letting children and other parents know that no adult should substitute their judgment for a teen’s own parents. Drinking is not a rite of passage. Fatal car accidents, injuries and assaults, and irreversible damage to the brain are not rites of passage for any child.” According to the National Institute on Alcohol Abuse and Alcoholism, underage drinking is a leading cause of death among youth, including car accidents and fatal injuries. The U.S. Department of Health and Human Services also found that alcohol is linked to two-thirds of all sexual assaults and date rapes of teens and increases the likelihood of contracting HIV or sexually transmitted diseases. An AMA report reveals the long-term damage that drinking does to teen brains, which continue developing until age 20. The AMA said the poll results underscore the need for physicians to counsel parents on the health risks of alcohol use, as well as to advocate for policies to restrict access to minors. To assist physicians in their efforts, the AMA unveiled an informational poster for use in physician offices. The poster is the second in a series of educational materials that will help start a dialogue on this important health issue. “Parents and physicians do not bare the burden alone for reducing high-risk drinking,” said Hill. “A teen’s desire to drink is also important to address, and the alcohol industry should be ashamed of itself for its extensive and aggressive promotion of products to those too young to buy them. The alcohol industry makes a parent’s job much harder when it flaunts products at sporting events, festivals and concerts with little regard for the social and health consequences.” A study released in 2004 by the Center on Alcohol Marketing and Youth revealed that the number of alcohol commercials seen by young people, aged 12-20, continues to grow. And underage youth saw 48% more magazine advertising for beer and ale, than legal-aged adults in 2003. “Alcohol is everywhere,” said Steven Harris, a 14-year-old from San Bruno, California. “Young people see ads everywhere. We see drinking on TV and in the movies, and we see it at parties and at home. And it is probably harder for teens to get into an R-rated movie than to get alcohol. It’s a joke.” 115 Adults Most Common Source of Alcohol For Teens http://www.alcoholpolicymd.com/press_room/Press_releases/adults_give_youth_alcohol.htm[2/28/2018 7:37:46 PM] Contact: Janet Williams, (312) 464-5073 Related items: "Adults Give Teens Alcohol " Poster (.pdf) How Teens Get Alcohol Survey Results (.pdf) PDF Version of this Release (.pdf) ALCOHOL POLICY | ALCOHOL & HEALTH | TAKE ACTION | PRESS ROOM | PROGRAMS | HEALTH PROFESSIONALS HOME | SITE MAP | ABOUT US | CONTACT US | DISCLAIMER © 2005 ALCOHOLPOLICYMD.COM. ALL RIGHTS RESERVED. 116