Second Amended 12-18-2018 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:00 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, December 18, 2018
Second Amended Non-televised Special Meeting Closed Session (5:00) and Televised Regular
Meeting (6:45)
Amended on 12/17/18 at 4:00 PM to remove Special Meeting Item Nos. 2 and 3
and add Special Meeting Item No. 1A
Amended on 12/11/18 at 7:45 p.m. to reorder Item Nos. 9 & 10
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, December 18, 2018, commencing at 5:00
p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino,
California 95014. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading, “Special
Meeting." The regular meeting items will be heard at 6:45 p.m. in Community
Hall Council Chamber, 10350 Torre Avenue, Cupertino, California.
SPECIAL MEETING
CLOSED SESSION - 5:00 PM
City Hall Conference Room A, 10300 Torre Avenue
ROLL CALL
1.Subject: Conference with Real Property Negotiator (Gov't Code 54956.8);
Property: 10800 Torre Avenue, Agency Negotiator: Timm Borden (Coffee
Society); Under Negotiation: Lease Extension
1A.Subject: Public Employee Appointment: Title: Interim City Manager (California
Gov. Code Sections 54957, 54957(b))
ADJOURNMENT
Page 1
1
December 18, 2018City Council AGENDA
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Proclamations to the Santa Clara County Fire Department and the
American Red Cross for their response efforts to the Camp Fire
Recommended Action: Present Proclamations to the Santa Clara County Fire
Department and the American Red Cross for their response efforts to the Camp Fire
2.Subject: Presentation on vigilance against package theft and raising awareness for
prevention
Recommended Action: Receive presentation on vigilance against package theft and
raising awareness for prevention
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 December 4 City Council minutes
Recommended Action: Approve the December 4 City Council minutes
A - Draft Minutes
4.Subject: Approve the December 6 City Council minutes
Recommended Action: Approve the December 6 City Council minutes
A - Draft Minutes
Page 2
2
December 18, 2018City Council AGENDA
5.Subject: Cancel the Wednesday, January 2, 2019 regular City Council meeting
(moved from Tuesday, January 1 due to holiday as per CMC 2.04.010).
Recommended Action: Cancel the Wednesday, January 2, 2019 regular City Council
meeting (moved from Tuesday, January 1 due to holiday as per CMC 2.04.010).
Staff Report
6.Subject: Resolution in support of the Fourth U.S. National Climate Assessment
Recommended Action: Adopt Resolution No. 18-118 supporting the Fourth U.S.
National Climate Assessment
Staff Report
A- Draft Resolution of Support National Climate Assessment
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
Page 3
3
December 18, 2018City Council AGENDA
7.Subject: Receive the City Clerk’s Certification of Sufficiency for referenda
petitions against the following resolutions and ordinances, and direct staff to bring
back options at the next regular meeting for Council to take as required by
California Elections Code Section 9241. (Those actions include (1) repealing any
or all of the resolutions or ordinances against which the petition is filed; and (2)
submitting any or all of the resolutions or ordinances to the voters, either at the
next regular municipal election or at a special election called for the purpose):
Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino
Approving a General Plan Amendment to Development Allocations, the General
Plan Land Use Map and Development Standards Related to the Vallco Town
Center Special Area
Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino
Adopting the Vallco Town Center Specific Plan
Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino
Rezoning the Parcels within the Vallco Special Area
Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino
Approving a Development Agreement by and Between the City of Cupertino and
Vallco Property Owner LLC for the Development of Vallco Town Center
Recommended Action: Receive the City Clerk’s Certification of Sufficiency for
referenda petitions against Resolution Nos. 18-085 and 18-086, and Ordinance Nos.
18-2178 and 18-2179, and direct staff to bring back options at the next regular
meeting for Council to take as required by California Elections Code Section 9241.
(Those actions include (1) repealing any or all of the resolutions or ordinances against
which the petition is filed; and (2) submitting any or all of the resolutions or
ordinances to the voters, either at the next regular municipal election or at a special
election called for the purpose).
Staff Report
A – Validation Letters from the Registrar of Voters Office
Page 4
4
December 18, 2018City Council AGENDA
8.Subject: Schedule a study session to review, clarify, and discuss the Code of
Ethics and Conduct for Elected and Appointed Officials adopted by Council on
November 20, 2018
Recommended Action: Schedule a study session at the January 15, 2019 City
Council meeting to review, clarify, and discuss the Code of Ethics and Conduct for
Elected and Appointed Officials adopted by Council on November 20, 2018.
Staff Report
A - Cupertino Commissions and Committees
REPORTS BY COUNCIL AND STAFF
9.Subject: Report on the 2018 Pilot Neighborhood Events Program and Discussion
of Future Neighborhood Events Programs.
Recommended Action: Accept report on the 2018 pilot neighborhood events program
and provide staff direction on offering an ongoing neighborhood events program in
the future.
Staff Report
A - City Countil Staff Report March 6, 2018
B - Neighborhood Events Brochure.pdf
10.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
11.Subject: Adjourn in memory of former Cupertino Mayor Bob Meyers
Recommended Action: Adjourn in memory of former Cupertino Mayor Bob Meyers
Page 5
5
December 18, 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
December 18, 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:118-4649 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:11/27/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre
Avenue, Agency Negotiator: Timm Borden (Coffee Society); Under Negotiation: Lease Extension
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800
Torre Avenue, Agency Negotiator: Timm Borden (Coffee Society); Under Negotiation: Lease
Extension
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™8
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4759 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:12/17/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Public Employee Appointment: Title: Interim City Manager (California Gov. Code Sections
54957, 54957(b))
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Public Employee Appointment: Title: Interim City Manager (California Gov. Code
Sections 54957, 54957(b))
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™9
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4735 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:12/11/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Proclamations to the Santa Clara County Fire Department and the American Red Cross for
their response efforts to the Camp Fire
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Proclamations to the Santa Clara County Fire Department and the American Red
Cross for their response efforts to the Camp Fire
Present Proclamations to the Santa Clara County Fire Department and the American Red Cross
for their response efforts to the Camp Fire
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™10
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4736 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:12/11/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Presentation on vigilance against package theft and raising awareness for prevention
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Presentation on vigilance against package theft and raising awareness for prevention
Receive presentation on vigilance against package theft and raising awareness for prevention
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™11
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3295 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:12/18/2018
Title:Subject: Approve the December 4 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Approve the December 4 City Council minutes
Approve the December 4 City Council minutes
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™12
1
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 4, 2018
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:46 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.
In open session, Mayor Paul reported out on a closed session meeting that was held on November
29:
Subject: Conference with Legal Counsel- Anticipated Litigation: Significant exposure to
litigation: One Potential Case (Paragraph (2) of subdivision (d) of California Gov. Code, sec.
54956.9)
Mayor Paul reported out that direction was given and no final action was taken.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Receive Healthy Cities Program award from the Santa Clara County Public
Health Department recognizing the City of Cupertino for its work to support healthy
commutes and encourage the use of active forms of transportation.
Recommended Action: Receive Healthy Cities Program award from the Santa Clara
County Public Health Department recognizing the City of Cupertino for its work to
support healthy commutes and encourage the use of active forms of transportation.
Health Officer and Public Health Department Director Dr. Sara Cody, MD spoke.
13
City Council Minutes December 4, 2018
2
Council received the Healthy Cities Program award from the Santa Clara County
Public Health Department recognizing the City of Cupertino for its work to support
healthy commutes and encourage the use of active forms of transportation.
2. Subject: Proclamation to Dynasty Restaurant in Cupertino to recognize the dining
establishment’s work in Cupertino, from its opening in March 2004 to its being
closed in December 2018, as a valued community gathering space welcoming large
groups and patrons from all areas and spectrums of our demographics
Recommended Action: Present proclamation to Dynasty Restaurant in Cupertino to
recognize the dining establishment’s work in Cupertino, from its opening in March
2004 to its being closed in December 2018, as a valued community gathering space
welcoming large groups and patrons from all areas and spectrums of our
demographics
Dynasty Restaurant owner Aaron Wong spoke.
Mayor Paul presented the proclamation to Dynasty Restaurant in Cupertino to recognize
the dining establishment’s work in Cupertino, from its opening in March 2004 to
its being closed in December 2018, as a valued community gathering space welcoming
large groups and patrons from all areas and spectrums of our demographics.
3. Subject: Presentation of Certificates of Recognition for Cupertino Science Fair winners
who participated in the Synopsys Championship
Recommended Action: Certificates of Recognition for Cupertino Science Fair
winners who participated in the Synopsys Championship
Synopsys Championship Board member Veena Jain spoke.
Mayor Paul presented the Certificates of Recognition to the Cupertino Science Fair
winners who participated in the Synopsys Championship.
POSTPONEMENTS – None
ORAL COMMUNICATIONS
Bobby Truong and Roberta Ryan (Cupertino residents) talked about proposed regulations for
short term rentals (STR).
Edward Hirshfield (Cupertino resident) talked about regular order and the Vice Mayor becoming
Mayor.
14
City Council Minutes December 4, 2018
3
Jennifer Griffin talked about the Shell gas station on Stern Avenue and adjacent AC hotel by
Marriott.
Janet Van Zoeren (Cupertino resident) talked about conduct during the election and the rules of
order regarding the selection of Mayor.
Larry Dean (Cupertino resident), on behalf of Walk Bike Cupertino, talked about bicycle and
pedestrian funding and support and current City projects.
Tessa Parish talked about the Vice Mayor and the election of Mayor, and Vallco.
Thorsten Von Stein talked about the Vice Mayor and the election of Mayor.
Hung Wei (Cupertino resident) talked about the Vice Mayor and the election of Mayor.
Seema Lindskog (Cupertino resident) talked about the Regnart Creek Trail and potential usage.
Pam Hershey (Cupertino resident) talked about the Vice Mayor and the election of Mayor.
Gary Wong (Cupertino resident), on behalf of Campo De Lazano HOA, talked about the Regnart
Creek Trail and Juniper Serra Trail Feasibility Studies.
Muni Madhipahtla (Cupertino resident) talked about respecting voters’ wishes, Council’s code
of ethics, and the election of Mayor.
Vinod Vaiakrishnan (Cupertino resident) talked about conduct in front of the library during
referendum signing, the Vice Mayor, and the election of Mayor.
Balaji Chalam (Cupertino resident) talked about behavior during the referendum process, the
Vice Mayor, and the election of Mayor.
Govind talked about respecting voters’ wishes and proposed zoning changes in the City.
Aeron Lauv (Cupertino resident) talked about making adjustments and amending Council
divisiveness, and the election of Mayor.
Gilbert Wong (Cupertino resident) talked about the Vice Mayor and Mayor election process.
CONSENT CALENDAR
15
City Council Minutes December 4, 2018
4
Sinks moved and Chang seconded to approve the items on the Consent Calendar as presented.
Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent:
None
4. Subject: Approve the November 20 City Council minutes
Recommended Action: Approve the November 20 City Council minutes
5. Subject: Resignation of Planning Commissioner Jerry Liu and consolidation of
unscheduled vacancy recruitment with the annual recruitment of all commission and
committee members’ terms expiring January 30, 2019
Recommended Action: Accept resignation of Planning Commissioner Jerry Liu and
direct staff to fill the unscheduled (partial) vacancy with the annual recruitment of all
commission and committee members’ terms expiring January 30, 2019
6. Subject: Approval of Contract Change Order No. 1 for the McClellan Road
Separated Bikeway Phase 1A Project (No. 2017-01.04)
Recommended Action: 1. Approve Contract Change Order No. 1 for the McClellan
Road Separated Bikeway Phase 1A Project in the amount of One Hundred Twenty
Thousand Dollars ($120,000); and
2. Authorize an increase in the construction contingency from $182,000 to $302,000. The
additional $120,000 in the construction contingency will fund Contract Change
Order No. 1, which will allow for the project start date to be postponed to May 2019.
SECOND READING OF ORDINANCES
7. Subject: Second Reading of Ordinances Regarding City Commissions and
Recommendations for Improving Effectiveness and Communications with the City
Council
Recommended Action: 1. Conduct the second reading and enact Ordinance No. 18-
2180: “An Ordinance of the Cupertino City Council Amending the Cupertino
Municipal Code, Title 2, to Update, Clarify, and Improve Consistency in Various
Provisions Pertaining to City Commissions.” The first reading was conducted on
November 20 and there were no substantive changes to the ordinance requested by
Council.
2. Conduct the second reading and enact Ordinance No. 18-2181: “An Ordinance of
the Cupertino City Council Adding Chapter 2.95 to the Cupertino Municipal Code,
Title 2, to Establish the Teen Commission by Ordinance.” The first reading was
conducted on November 20 and there were no changes to the ordinance.
3. Conduct the second reading and enact Ordinance No. 18-2182: “An Ordinance of
the Cupertino City Council Repealing Ordinance No. 006 and Amending Chapter 2.08
16
City Council Minutes December 4, 2018
5
of the Cupertino Municipal Code Regarding Adoption of Robert’s Rules of Order.”
The first reading was conducted on November 20 and there were no changes to the
ordinance.
Written Communications for this item included an amended Attachment D of Draft
Ordinance No. 18-2182.
Senior Management Analyst Katy Nomura reviewed the staff report.
Mayor Paul opened public comment and the following individuals spoke on this item:
Jennifer Griffin
Jennifer Shearin
Mayor Paul closed public comment.
Staff answered questions from Council.
Deputy City Clerk Kirsten Squarcia read the title of Ordinance No. 18 -2180: “An
Ordinance of the Cupertino City Council Amending the Cupertino Municipal
Code, Title 2, to Update, Clarify, and Improve Consistency in Various Provisions
Pertaining to City Commissions” and the title of Ordinance No. 18-2181: “An Ordinance
of the Cupertino City Council Adding Chapter 2.95 to the Cupertino Municipal
Code, Title 2, to Establish the Teen Commission by Ordinance.”
Chang moved and Vaidhyanathan seconded to read Ordinance No. 18-2180 by title only
and Ordinance No. 18-2181 by title only and that the City Clerk’s reading would constitute
the second readings thereof. Ayes: Sinks, Chang, Vaidhyanathan. Noes: Paul, Scharf.
Abstain: None. Absent: None.
Chang moved and Vaidhyanathan seconded to enact Ordinance No. 18-2180 and
Ordinance No. 18-2181. Ayes: Sinks, Chang, Vaidhyanathan. Noes: Paul, Scharf. Abstain:
None. Absent: None.
Council concurred to postpone conducting the second reading and enactment of
Ordinance No. 18-2182: “An Ordinance of the Cupertino City Council Repealing
Ordinance No. 006 and Amending Chapter 2.08 of the Cupertino Municipal Code
Regarding Adoption of Robert’s Rules of Order” since the Draft Ordinance Attachment
D was not the same as in the first reading, and staff will come back with the original
version.
17
City Council Minutes December 4, 2018
6
PUBLIC HEARINGS
8. Subject: Vacate an Easement for Storm Drain Retention Basin Purposes located
on 23500 Cristo Rey Drive
Recommended Action: Conduct a public hearing and adopt Resolution No. 18-116 to
vacate an easement for storm drain retention basin purposes located on 23500
Cristo Rey Drive
Written communications for this item included a staff map exhibit.
Director of Public Works Timm Borden reviewed the staff report.
Mayor Paul opened the public hearing and, seeing there were no speakers, closed the
public hearing.
Staff answered questions from Council.
Chang moved and Vaidhyanathan seconded to adopt Resolution No. 18-116 to vacate an
easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive.
The motion carried unanimously.
ORDINANCES AND ACTION ITEMS - None
REPORTS BY COUNCIL AND STAFF
9. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 8:43 p.m., Mayor Paul adjourned the meeting.
_________________________________
Kirsten Squarcia, Deputy City Clerk
18
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4538 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/31/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Approve the December 6 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Approve the December 6 City Council minutes
Approve the December 6 City Council minutes
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™19
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Thursday, December 6, 2018
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 7:00 p.m. Mayor Darcy Paul called the Special 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.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Sgt. Mike McNutt (Cupertino resident) talked about safety concerns regarding a proposed bicycle
lane on McClellan Rd.
Geoff Paulsen (Cupertino resident) talked about trees and transportation in the City.
ELECTION RESULTS
1. Subject: Statement of results of the General Municipal Election held on November
6, 2018 and declaration of candidates who received the most votes and were
elected for the position of City Councilmember. Note: The Registrar of Voters of
the County of Santa Clara will not be able to certify the final election results until
December 6 and after the date of this agenda publication; the final Draft Resolution
showing the total number of votes cast in the City and total number of votes
candidates received, and Certificate of Election Results will be distributed on the
dais and available to the public at the meeting on December 6.
Recommended Action: Adopt Resolution No. 18-117 stating the election results of the
General Municipal Election held on November 6, 2018 and declaring the candidates who
received the most votes and were elected for the position of City Councilmember. Note:
20
City Council Minutes December 6, 2018
The Registrar of Voters of the County of Santa Clara will not be able to certify the
final election results until December 6 and after the date of this agenda publication;
the final Draft Resolution showing the total number of votes cast in the City and total
number of votes candidates received, and Certificate of Election Results will be
distributed on the dais and available to the public at the meeting on December 6.
Written communications for this item included an updated resolution and the Certificate
of Election Results from the Santa Clara County Registrar of Voters.
City Clerk Grace Schmidt noted the election results for the General Municipal Election
held on November 6, 2018.
Sinks moved and Chang seconded to adopt Resolution No. 18-117 stating the election
results of the General Municipal Election held on November 6, 2018 and declaring the
candidates who received the most votes and were elected for the position of City
Councilmember. The motion carried unanimously.
RECOGNITION OF OUTGOING COUNCILMEMBER
2. Subject: Recognition of outgoing Councilmembers Barry Chang and Savita
Vaidhyanathan
Recommended Action: Recognize outgoing Councilmembers Barry Chang and Savita
Vaidhyanathan
Outgoing Councilmembers Barry Chang and Savita Vaidhyanathan were recognized. A
video was shown noting their years on the City Council and Interim City Manager Amy
Chan and Mayor Paul presented them with gifts of an Apple watch each.
Councilmembers made comments.
Mayor Paul opened public comment and the following individuals spoke:
Tom Pyke on behalf of Congressman Ro Khanna
Sheriff’s Department representatives Undersheriff Sung, Captain Urena, Lt. Roggia
Connie Cunningham (Cupertino resident)
Janet Van Zoeren (Cupertino resident)
Heather Dean (Cupertino resident)
Marieann Shovlin (Cupertino resident)
Jean Bedord
Ian Greensides
Parth Bharwad (Cupertino resident)
21
City Council Minutes December 6, 2018
Marie Liu (Cupertino resident)
J.R. Fruen (Cupertino resident)
Patrick Ahrens (Cupertino resident) on behalf of Assembly Member Evan Low
Orrin Mahoney
Pete Heller (Cupertino resident)
Keith Warner (Cupertino resident) on behalf of Cupertino Chamber of Commerce
Vinod Balakrishnan (Cupertino resident)
Richard Lowenthal
Paulette Altmaier (Cupertino resident)
Mahesh Pakala and Reena Rao on behalf of the Bhubaneswar Sister City Committee
Gilbert Wong (Cupertino resident)
Sujatha Venkataraman
Liang Chao
Bill Wilson and Hung Wei
Mayor Paul closed public comment.
OATH OF OFFICE AND ELECTION OF MAYOR AND VICE MAYOR
3. Subject: Oath of Office is given to newly -elected Councilmembers Darcy Paul,
Liang Chao, and Jon Robert Willey
Recommended Action: Oath of Office is given to newly-elected Councilmembers Darcy
Paul, Liang Chao, and Jon Robert Willey
Newly-elected Councilmember Darcy Paul received the Oath of Office from Former
Mayor and Councilmember Patrick Kwok.
Newly-elected Councilmember Liang Chao received the Oath of Office from Phyllis
Dickstein.
Newly-elected Councilmember Jon Robert Willey received the Oath of Office from Muni
Madhdhipatla.
Mayor Paul opened public comment and the following individuals spoke:
Janet Van Zoeren (Cupertino resident)
Muni Madhdhipatla (Cupertino resident)
Patrick Kwok (Cupertino resident)
Cathy Wang (Cupertino resident)
Xiangehen Xu (Cupertino resident)
Qin Pan (Cupertino resident)
22
City Council Minutes December 6, 2018
Barry Chang
Vinod Balakrishnan (Cupertino resident)
Gilbert Wong
Mayor Paul closed public comment.
4. Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
Written communications for this item included emails to Council.
Mayor Paul opened public comment and the following individuals spoke:
Bill Wilson (Cupertino resident)
Connie Cunningham (Cupertino resident)
Janet Van Zoeren (Cupertino resident)
Gary Latshaw (Cupertino resident)
Savita Vaidhyanathan (Cupertino resident)
Marie Liu (Cupertino resident)
Ignatius Ding
Dong Qing Yao
Hung Wei (Cupertino resident)
Patrick Kwok (Cupertino resident)
Xiangchen Xu (Cupertino resident)
Phyllis Dickstein
Ping Gao (Cupertino resident)
Muni Madhdhipatla (Cupertino resident)
Joe Pereira (Cupertino resident)
Brooke Ezzat (Cupertino resident)
Danessa Techmanski (Cupertino resident)
Andrea Harris (Cupertino resident)
Gilbert Wong (Cupertino resident)
Barry Chang
Qin Pan
Shuyi Chen (Cupertino resident)
Lisa Warren
Chitra Iyer
Xing Han (Cupertino resident)
Peggy Griffin
Kent Vincent (Cupertino resident)
Geoff Paulsen
23
City Council Minutes December 6, 2018
Mayor Paul closed public comment.
Paul moved and Chao seconded to nominate Steven Scharf as Mayor. The motion carried
unanimously.
5. Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
Scharf moved and Willey seconded to nominate Liang Chao as Vice Mayor. The motion
carried unanimously.
OATH OF OFFICE
6. Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
Newly-elected Mayor Steven Scharf received the Oath of Office from his daughter
Rebekkah Scharf.
7. Subject: Vice Mayor takes Oath of Office
Recommended Action: Vice Mayor takes Oath of Office
Newly-elected Vice Mayor Liang Chao received the Oath of Office from Councilmember
Rod Sinks.
COMMENTS BY NEW MAYOR
8. Subject: Comments by New Mayor and presentation of gifts
Recommended Action: Comments by New Mayor and presentation of gifts
Mayor Scharf and Interim City Manager Amy Chan presented out-going Mayor Paul with
a gift of a gavel plaque thanking him for his service as Mayor.
Outgoing Mayor Paul made comments as did Mayor Scharf.
COMMENTS BY COUNCILMEMBERS AND PUBLIC
9. Subject: Comments by Councilmembers
Recommended Action: Comments by Councilmembers
24
City Council Minutes December 6, 2018
Councilmembers made comments.
10. Subject: Members of the audience are invited to speak
Recommended Action: Members of the audience are invited to speak
Mayor Scharf invited members of the audience to speak and Govind spoke.
RECEPTION
11. Subject: The public is invited to attend a reception in the lobby
Recommended Action: The public is invited to attend a reception in the lobby
Mayor Scharf invited the public to attend a reception in the lobby.
ADJOURNMENT
At 11:00 p.m., Mayor Scharf adjourned the meeting.
_________________________________
Grace Schmidt, City Clerk
25
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4321 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/30/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Cancel the Wednesday, January 2, 2019 regular City Council meeting (moved from Tuesday,
January 1 due to holiday as per CMC 2.04.010).
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Cancel the Wednesday, January 2, 2019 regular City Council meeting (moved from
Tuesday, January 1 due to holiday as per CMC 2.04.010).
Cancel the Wednesday, January 2, 2019 regular City Council meeting (moved from Tuesday,
January 1 due to holiday as per CMC 2.04.010).
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™26
CITY COUNCIL STAFF REPORT
Meeting: December 18, 2018
Subject
Cancel the Wednesday, January 2, 2019 regular City Council meeting (moved
from Tuesday, January 1 due to holiday as per CMC 2.04.010).
Recommended Action
Cancel the Wednesday, January 2, 2019 regular City Council meeting (moved
from Tuesday, January 1 due to holiday as per CMC 2.04.010).
Discussion
It has been past City Council practice to cancel the first meeting in January because
City Hall is closed between Christmas and New Year’s Day.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: Amy Chan, Interim, City Manager
Attachments: None
27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4657 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/28/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Resolution in support of the Fourth U.S. National Climate Assessment
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A- Draft Resolution of Support National Climate Assessment
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Resolution in support of the Fourth U.S. National Climate Assessment
Adopt Resolution No. 18-118 supporting the Fourth U.S. National Climate Assessment
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™28
CITY COUNCIL STAFF REPORT
Meeting: December 18, 2018
Subject
Resolution in Support of the Fourth U.S. National Climate Assessment
Recommended Action
Adopt the draft resolution supporting the Fourth U.S. National Climate Assessment
Discussion
The U.S. National Climate Assessment is a regular science report by 13 federal agencies,
mandated by Congress to inform the nation and U.S. government about climate change.
The Fourth National Climate Assessment (NCA4), was released in November 2018, and
it documents how climate change impacts people in regions and sectors across the U.S.
The impacts of climate change are already being felt in communities across the country.
More frequent and intense extreme weather and climate-related events, as well as
changes in average climate conditions, are expected to continue to damage
infrastructure, ecosystems, and social systems that provide essential benefits to
communities. Future climate change is expected to further disrupt many areas of life,
exacerbating existing challenges to prosperity posed by aging and deteriorating
infrastructure, stressed ecosystems, and economic inequality. Impacts within and across
regions will not be distributed equally. People who are already vulnerable, including
lower-income and other marginalized communities, have lower capacity to prepare for
and cope with extreme weather and climate-related events and are expected to
experience greater impacts. Prioritizing adaptation actions for the most vulnerable
populations would contribute to a more equitable future within and across
communities. Global action to significantly cut greenhouse gas emissions can
substantially reduce climate-related risks and increase opportunities for these
populations in the longer term.
The National Climate Assessment is aligned with the City’s Climate Action Plan
(Chapter 6 Adaptation & Resiliency), which acknowledges that climate change is
happening and that our community needs to adapt. Using data from the State of
California’s Cal Adapt portal, impacts for the Cupertino community are identified
which include but are not limited to; temperature increases resulting in heat waves in
29
the summer, rain will be more unpredictable and increase drought, wildfire risk increase
and sea level rise which can impact regional mobility and commerce. It is the goal of the
City to connect adaptation planning efforts with emergency preparedness and public
safety programs, ensure economic vitality and foster neighborhood scale health and
resilience.
Sustainability Impact
No direct sustainability impact at this time. While the adopted Climate Action Plan has
an Adaptation & Resiliency section, it needs to be updated to be in compliance with the
Mayors Climate Compact and Carbon Disclosure Project reporting. It is anticipated that
this update to the Climate Action Plan will take place next fiscal year.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Misty Mersich, Sustainability Manager
Reviewed by: Aarti Shrivastava, Assistant City Manager/Director of Community
Development
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Draft Resolution to Support for Fourth U.S. National Climate Assessment
30
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING SUPPORT FOR THE NATIONAL CLIMATE ASSESSMENT
WHEREAS, the Fourth U.S. National Climate Assessment, a quadrennial report
submitted to the President and Congress mandated by the Global Change Research Act
of 1990, was released in November 2018, which concludes that Americans are being
affected by climate change due to human activities and that states like California in the
West are particularly vulnerable to extreme temperature, decreased water availability,
wildfire and an increase in extreme weather events;
WHEREAS, the City of Cupertino has experienced impacts due to a changing
climate including extreme weather events like increasing temperature heat waves in the
summer, less predictable rain, drought, air quality impacts due to wildfire and negative
public health effects;
WHEREAS, the magnitude of climate change beyond the next few decades
depends primarily on the amount of heat trapping gases emitted globally, and how
sensitive the earth’s climate is to those emissions;
WHEREAS, through the implementation of the Cupertino Climate Action Plan
and other actions the City has taken, greenhouse gas emissions have been reduced
communitywide by 13% as of the last inventory conducted with 2015 data, and are on
target to meet our 2020 emission reduction goals;
WHEREAS, in April 2016 world leaders from 175 countries recognized the threat
of climate change and the urgent need to combat it by signing the Paris Agreement,
agreeing to keep warming “well below 2°C above pre-industrial levels” and to “pursue
efforts to limit the temperature increase to 1.5°C”;
WHEREAS, in August 2018, the State of California released its Fourth Climate
Assessment which supports the conclusion that the Bay Area is already seeing the impacts
of climate change and these changes are projected to increase significantly in the coming
decade over the region;
WHEREAS, the City of Cupertino passed Resolution No. 18-094 on September 18,
2018, declaring a climate emergency and calling on the State of California, United States
of America and all governments and peoples worldwide to initiate an emergency
mobilization effort to mitigate climate change, stop rising greenhouse gas emissions, and
immediately initiate an effort to safely draw down carbon from the atmosphere;
31
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Cupertino
supports the science and findings of the Fourth National Climate Assessment, and
recognizes that the global climate is changing and this change is apparent across a wide
range of observations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of December, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________________
Grace Schmidt, City Clerk Steven Scharf, Mayor,
City of Cupertino
32
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4565 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:11/1/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Receive the City Clerk’s Certification of Sufficiency for referenda petitions against the
following resolutions and ordinances, and direct staff to bring back options at the next regular meeting
for Council to take as required by California Elections Code Section 9241. (Those actions include (1)
repealing any or all of the resolutions or ordinances against which the petition is filed; and (2)
submitting any or all of the resolutions or ordinances to the voters, either at the next regular municipal
election or at a special election called for the purpose):
Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino Approving a General
Plan Amendment to Development Allocations, the General Plan Land Use Map and Development
Standards Related to the Vallco Town Center Special Area
Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting the Vallco
Town Center Specific Plan
Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino Rezoning the
Parcels within the Vallco Special Area
Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino Approving a
Development Agreement by and Between the City of Cupertino and Vallco Property Owner LLC for
the Development of Vallco Town Center
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – Validation Letters from the Registrar of Voters Office
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Receive the City Clerk’s Certification of Sufficiency for referenda petitions against
the following resolutions and ordinances, and direct staff to bring back options at the next
regular meeting for Council to take as required by California Elections Code Section 9241.
(Those actions include (1) repealing any or all of the resolutions or ordinances against which
the petition is filed; and (2) submitting any or all of the resolutions or ordinances to the voters,
either at the next regular municipal election or at a special election called for the purpose):
Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino Approving a
General Plan Amendment to Development Allocations, the General Plan Land Use Map and
Development Standards Related to the Vallco Town Center Special Area
Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting the
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 2
powered by Legistar™33
File #:18-4565,Version:1
Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting the
Vallco Town Center Specific Plan
Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino Rezoning
the Parcels within the Vallco Special Area
Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino Approving a
Development Agreement by and Between the City of Cupertino and Vallco Property Owner
LLC for the Development of Vallco Town Center
Receive the City Clerk’s Certification of Sufficiency for referenda petitions against Resolution
Nos. 18-085 and 18-086, and Ordinance Nos. 18-2178 and 18-2179, and direct staff to bring
back options at the next regular meeting for Council to take as required by California Elections
Code Section 9241. (Those actions include (1) repealing any or all of the resolutions or
ordinances against which the petition is filed; and (2) submitting any or all of the resolutions or
ordinances to the voters, either at the next regular municipal election or at a special election
called for the purpose).
CITY OF CUPERTINO Printed on 12/17/2018Page 2 of 2
powered by Legistar™34
CITY COUNCIL STAFF REPORT
Meeting: December 18, 2018
Subject
Receive the City Clerk’s Certification of Sufficiency for referenda petitions against the
following resolutions and ordinances, and direct staff to bring back options at the next
regular meeting for Council to take as required by California Elections Code Section 9241.
(Those actions include (1) repealing any or all of the resolutions or ordinances against
which the petition is filed; and (2) submitting any or all of the resolutions or ordinances
to the voters, either at the next regular municipal election or at a special election called for
the purpose):
Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino
Approving a General Plan Amendment to Development Allocations, the General Plan
Land Use Map and Development Standards Related to the Vallco Town Center Special
Area
Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting
the Vallco Town Center Specific Plan
Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino
Rezoning the Parcels within the Vallco Special Area
Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino Approving
a Development Agreement by and Between the City of Cupertino and Vallco Property
Owner LLC for the Development of Vallco Town Center
Recommended Action
Receive the City Clerk’s Certification of Sufficiency for referenda petitions against
Resolution Nos. 18-085 and 18-086, and Ordinance Nos. 18-2178 and 18-2179, and direct
staff to bring back options at the next regular meeting for Council to take as required by
California Elections Code Section 9241. (Those actions include (1) repealing any or all of
the resolutions or ordinances against which the petition is filed; and (2) submitting any or
all of the resolutions or ordinances to the voters, either at the next regular municipal
election or at a special election called for the purpose).
35
Discussion
On October 29, proponents filed four referendum petitions with the Cupertino City
Clerk’s Office regarding the Vallco Town Center Specific Plan. On October 31, the Clerk’s
Office performed a prima facie signature count on each petition as per California Elections
Code Sections 9239 and 9210, as well as checking the petition forms per Elections Code
Section 9238. The raw count on each petition equaled or exceeded the minimum number
of signatures required, were accepted for filing and subsequently filed with the Santa
Clara County Registrar of Voters Office on October 31. The Registrar’s Office validated
the signatures on each petition using 100% signature verification, and has determined that
all four petitions have sufficient signatures.
In order to qualify for a referendum, the proponents were required to obtain signatures
of 10% of the registered voters in Cupertino, or 2,888 signatures, on each petition.
The petition regarding Resolution No. 18-085 had 4,736 valid signatures; the petition
regarding Resolution No. 18-086 had 4,139 valid signatures; the petition regarding
Ordinance No. 18-2178 had 4,124 valid signatures; the petition regarding Ordinance No.
18-2179 had 4,115 valid signatures.
On December 6, 2018, the City Clerk received a letter from the Nielsen Merksamer law
firm writing on behalf of Vallco Property Owner, LLC. The Nielsen letter contends that
the Referendum protesting the City’s adoption of Resolution No. 18-085—regarding the
General Plan Amendment (“GPA”) for the Vallco Project—fails to provide the full text of
that GPA. The Nielsen letter accordingly contends that this Referendum is procedurally
defective and that the City has a mandatory duty to reject the Referendum petition and
not process it any further. The City has asked the attorney for the referendum proponents
to respond to this letter. The City Attorney’s office is in the process of evaluating the
claims in the Nielsen letter and will advise the City Clerk and the City Council regarding
the results of that evaluation prior to the Council’s next regularly scheduled meeting.
Fiscal Impact
Information regarding election costs will be brought back at the next regular meeting
along with options for Council to take.
Sustainability Impact
None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Validation Letters from the Registrar of Voters Office
36
37
38
39
40
41
42
43
44
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4663 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:11/29/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Schedule a study session to review, clarify, and discuss the Code of Ethics and Conduct for
Elected and Appointed Officials adopted by Council on November 20, 2018
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Cupertino Commissions and Committees
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Schedule a study session to review, clarify, and discuss the Code of Ethics and
Conduct for Elected and Appointed Officials adopted by Council on November 20, 2018
Schedule a study session at the January 15, 2019 City Council meeting to review, clarify, and
discuss the Code of Ethics and Conduct for Elected and Appointed Officials adopted by
Council on November 20, 2018.
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™45
`
CITY COUNCIL STAFF REPORT
Meeting: December 18, 2018
Subject
Schedule a study session to review, clarify, and discuss the Code of Ethics and Conduct
for Elected and Appointed Officials adopted by Council on November 20, 2018.
Recommended Action
Schedule a study session at the January 15, 2019 City Council meeting to review, clarify,
and discuss the Code of Ethics and Conduct for Elected and Appointed Officials adopted
by Council on November 20, 2018.
Background
On November 20, 2018, Council made several changes to improve commission
engagement with Council and standardize protocol among commissions and committees.
To provide more time and opportunity for commissioners to provide input, staff will be
reaching out to commissions and committees regarding these changes. In order to
document this outreach and ensure sufficient notification, each commission and
committee will have this discussion added to an upcoming meeting agenda. If the
commission or committee will have new members seated in February, the discussion will
be scheduled in February 2019 once new members are seated. This additional feedback
will be brought to Council for consideration in March/April 2019 prior to implementation.
As part of the adopted standardized protocol discussed above, Council adopted
Rosenberg’s Rules of Order for commission, committee, and City Council meetings. As
part of this decision, Council conducted the first reading of Ordinance No. 18 -2182 to
repeal Robert’s Rules of Order for City Council meetings. At the December 4th meeting,
Council chose to defer the second reading of Ordinance No. 18-2182. The item will be
reintroduced for Council consideration in March/April 2019, after additional feedback is
gathered from the commissions and committees regarding parliamentary procedure.
On November 20, 2018, Council also adopted Resolution No. 18-115 which adopted the
City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials, which
is discussed further below.
46
Discussion
At the December 4th Council meeting, various councilmembers and some commissioners
expressed interest in having further discussion and clarification regarding the City of
Cupertino Code of Ethics and Conduct for Elected and Appointed Officials. For this
reason, staff recommends that a study session be scheduled at the January 15, 2019
Council meeting to further review and discuss the Code of Ethics and Conduct. All
commissions and committees will be invited to attend this meeting to hear the overview
of the Code of Ethics and Conduct as well as provide comment if desired. Staff will also
include the Code of Ethics and Conduct for review and discussion when gathering
additional feedback from commissions and committees in the coming months. After
receiving this additional input and Council direction on the Code of Ethics and Conduct,
staff will bring back revisions for Council consideration.
Sustainability Impact
None anticipated.
Fiscal Impact
None anticipated.
_____________________________________
Prepared by: Katy Nomura, Senior Management Analyst
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A—Cupertino Commissions and Committees
47
ATTACHMENT A
CITY OF CUPERTINO COMMISSIONS
Commission Description Meeting Frequency
Bicycle Pedestrian
Commission
Advises Council on transportation matters
within Cupertino including bicycle and
pedestrian traffic, parking, education, and
recreation.
Practice: Monthly
Mandate: At least
every other month
Fine Arts Commission
Fosters, encourages, and assists in the
realization, preservation, and advancement of
fine arts for the benefit of the citizens of
Cupertino.
Every other month
Housing Commission
Assists in recommending housing policies and
strategies, monitoring affordable housing
projects, and identifying sources of funding for
affordable housing.
Practice: Monthly
Mandate: At least
quarterly
Library Commission
Advises Council regarding library service in the
community and serves as liaison between the
City and the Santa Clara County Library Joint
Powers Authority.
Practice: Monthly
Mandate: At least
every other month
Parks & Recreation
Commission
Advises Council on parks and recreation related
activities, including park site acquisition and
development, community activities, and
recreation policies.
Monthly
Planning Commission
Advises Council on land use matters including
the City’s General Plan, implements the General
Plan through the administration of specific
plans, zoning and subdivisions, and establishes
a standing subcommittee for design review.
Twice a month
Public Safety
Commission
Advises Council on areas relating to public
safety, traffic, police, fire and other areas where
public safety may be of concern.
Practice: Monthly
Mandate: At least
every other month
Sustainability
Commission
Advises Council on major policy and
programmatic areas related to the
environmental goals in Cupertino’s Climate
Action Plan and General Plan’s Environmental
Resources/Sustainability Element.
Practice: Monthly
Mandate: At least
quarterly
Teen Commission
Advises Council and staff on issues and projects
important to youth in the Cupertino
community.
Twice a month
(Sept-May)
Monthly (Jun-Aug)
Technology, Information,
& Communications
Commission (TICC)
Advises Council on all matters relating to
telecommunications in Cupertino and provides
support for community access television.
Practice: Monthly
Mandate: At least
quarterly
48
ATTACHMENT A
CITY OF CUPERTINO COMMITTEES
Committee Description Meeting Frequency
Audit
Committee
Reviews annual audit report, monthly
treasurer’s report, and city investment
policies. Recommends appointment of
auditors and budget format.
Quarterly
Design Review
Committee
A subcommittee of the Planning Commission
that reviews aspects of site and architectural
design.
As needed
Disaster Council Supports the City’s emergency management
and preparedness responsibilities. Quarterly
Economic
Development
Committee
Enhances and promotes a strong local
economy to provide municipal services that
businesses and residents desire and need to
maintain the community's quality of life.
Quarterly
Environmental
Review
Committee
Evaluates the initial study of a proposed
project to determine whether the project may
or may not have a significant effect on the
environment.
Practice: As needed
Mandate: Twice a
month
Fiscal Strategic
Plan Committee
Confers, strategizes, and plans for current as
well as future activities that have a fiscal
impact on the City.
Annually
Legislative
Review
Committee
Advises on legislative priorities and actions. As needed
49
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4243 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:7/31/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Report on the 2018 Pilot Neighborhood Events Program and Discussion of Future
Neighborhood Events Programs.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - City Countil Staff Report March 6, 2018
B - Neighborhood Events Brochure.pdf
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Report on the 2018 Pilot Neighborhood Events Program and Discussion of Future
Neighborhood Events Programs.
Accept report on the 2018 pilot neighborhood events program and provide staff direction on
offering an ongoing neighborhood events program in the future.
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™50
CITY COUNCIL STAFF REPORT
Meeting: December 18, 2018
Subject
Report on the 2018 Pilot Neighborhood Events Program and Discussion of Future
Neighborhood Events Programs.
Recommended Action
Accept report on the 2018 pilot neighborhood events program and provide staff
direction on offering an ongoing neighborhood events program in the future.
Discussion
City Council approved funding for a pilot neighborhood events program in the 2017/18
and 2018/19 Budgets that included capital equipment ($20,000) and money to provide
individual events in neighborhood parks ($172,934). The primary goal was to build a
sense of community and connection, as well as to offer programs throughout the City,
supplementing events at Memorial Park. The events celebrate Cupertino’s diverse
culture in a sustainable manner. This program enabled staff to make valuable
community connections with local business, non-profits, and commercial vendors.
Capital equipment was purchased for $27,739 and operating costs were $165,195
On November 1st, 2018, the Parks & Recreation Commission voted unanimously to
recommend (to City Council), full support to continue this program.
Data from the current master plan process suggests that cultural events in neighborhood
parks are highly desired by residents. The table below shows Cupertino resident
interests in recreational activities. The top two categories are consistent with surveys
done on a national level. The third category, Cultural Events, Performing Arts and
Concerts have all been addressed in the neighborhood Events program.
Recreation Interests and Participation
Nature Walks/Hikes 598 63.7%
Walking for pleasure or fitness 597 63.6%
Cultural Events/Performing Arts/Concerts 457 48.7%
Bicycling (recreation) 431 45.9%
Fairs and Festivals (attend) 426 45.4%
51
Exercising/Aerobics/Weightlifting 408 43.5%
Gardening 344 36.6%
Swimming 341 36.3%
Arts & Crafts 335 35.7%
Picnicking 327 34.8%
As a result, Recreation and Community Services offered 34 new programs and activities
between July and September, 2018 in 11 neighborhood parks or partner venues. Events
and activities included a variety of concerts and movies, fitness programs and arts
programs in neighborhood parks. Five goals for the program guided staff, originating
from recommendations from the Parks & Recreation Commission and local survey
information gleaned from research in the current master plan process.
Goal 1. Greater connection with cultural segments of our community
Goal 2. Increased focus on sustainable special events that community members could
walk or bike rather than drive to
Goal 3. Increased number of quality programs and activities offered by the department.
Goal 4. Increased connections with partner organizations within the city
Goal 5. Provide a greater sense of community engagement with community members
Program Participation:
Approximately 6,000 participants attended the neighborhood events. There were a
number of people that attended multiple events, but many participants were new to
recreation and were excited to have events in their neighborhood parks.
Cultural Events 1,480
Outdoor Concerts 1,211
Fitness/ Art Classes(16) 273
Combined Events; concert/movies,
movies/performances/tournaments
3,024
Total 5,988
Budget and Operating Costs:
Funding for neighborhood events was approved in the FY 17/18, and FY18/19 budgets.
Operating expenses were as follows:
FY17/18 FY18/19
(7/1/-10/31) Total
Salary and Benefits
63-207-02 - RECREATION SUPERVISOR $ 3,290.00 $ 9,456.00 $ 12,746.00
52
60-802-01 - COMMUNITY COORDINATOR $18,199.00 $ 21,168.00 $ 39,367.00
60-810-01 - LEISURE PROGRAM SPECIALIST $11,455.00 $ 13,409.00 $ 24,864.00
60-802-01 - COMMUNITY COORDINATOR $ 250.00 $ 250.00
62-813-10 - RECREATION LEADER $ 626.00 $ 626.00
62-813-46 - RECREATION LEADER $ 1,358.00 $ 1,358.00
62-822-01 - BUILDING ATTENDANT $ 593.00 $ 593.00
62-822-03 - BUILDING ATTENDANT $ 100.00 $ 100.00
63-816-21 - SWIM INSTRUCTOR/LIFEGUARD $ 87.00 $ 87.00
63-820-16 - POOL MANAGER $ 114.00 $ 114.00
Salary and Benefit totals $33,031.00 $ 47,074.00 $ 80,105.00
Activities $ 1,675.00 $ 13,013.00 $ 14,688.00
Advertising $ 3,371.00 $ 866.00 $ 4,237.00
Equipment $ 2,560.00 $ 2,814.00 $ 5,374.00
Fitness Instructor $ - $ 340.00 $ 340.00
Food $ 692.00 $ 977.00 $ 1,669.00
General Supplies $ 3,491.00 $ 9,604.00 $ 13,095.00
Live Performances $ - $ 19,425.00 $ 19,425.00
Movie Rentals $ 312.00 $ 1,445.00 $ 1,757.00
Permits $ 99.00 $ 300.00 $ 399.00
Portable Restrooms $ - $ 10,681.00 $ 10,681.00
Professional Services $ - $ 2,150.00 $ 2,150.00
Rental $ - $ 2,836.00 $ 2,836.00
Truck Rental $ - $ 6,831.00 $ 6,831.00
Insurance Premium $ 1,608.00 $ - $ 1,608.00
Materials and Contract Cost $ 13,808.00 $ 71,282.00 $ 85,090.00
Grand Total $ 46,839.00 $ 118,356.00 $ 165,195.00
One-time Capital Equipment
Visual Equipment $22,926.95, Large movie screen, Blowers, projectors, cables
Audio Equipment $4812.84, Speakers, cables, Microphones, Cords, monitors
One time capital costs: $27,739.79
Great effort was made by staff to purchase capital equipment (projector, screen and
audio equipment) as inexpensively as possible. Staff was able to negotiate the original
costs from $31,007 to $21,711, a savings of $9,296.
53
Program Evaluation
Staff completed approximately 700 intercept surveys of patrons at the events, with the
intention of determining both satisfaction and interest in future activities. Results from
the survey day lighted the following:
Participants were primarily people who work or live in Cupertino - 89% of the
5,899 participants
Marketing successes were word of mouth, the fold out brochure and the city
website (Staff received many requests to market through Next Door/Cupertino)
Most enjoyable segments included music, movie, recreation lawn games,
community atmosphere and free popcorn
Survey Participant’s Ratings of the Events
75% rated events as “Excellent”
25% rated events as “Good”
0% rated events as “Fair” or “Poor”
Evaluation of goals:
1. Greater connection with cultural segments of our community.
Three culturally themed events: Chinese cultural event, Latino night, and Bollywood
night were offered.
2. Increased focus on sustainable special events that community members could
walk or bike rather than drive to:
We provided events in 11 different settings in Cupertino. Surveys show that the majority
of people were able to walk “less than a mile” to their neighborhood event. Historically,
special events were not generally held at these locations.
Parks/Neighborhoods served:
Creekside
Main Street Park
Monta Vista Park
Jollyman Park
Portal Park
Wilson Park
Linda Vista Park
City Center Amphitheater
Three Oaks Park
Hoover Park
54
Sterling Barnhart Park
3. Increased number of quality programs and activities offered by the
department.
We were able to bring quality programming to Cupertino neighborhoods. In addition to
concerts and movies, there were a variety of recreation activities for all ages available for
the community to enjoy. The events were family oriented with recreation themes.
4. Increased connections to partner organizations within the city.
We were able to develop valuable partnerships and make valuable community
connections that brought more depth and creativity to our events. In addition, we
provided opportunities for many local vendors and contractors from the Cupertino
community.
Community Connections:
• Chamber of Commerce
• Fine Arts League of Cupertino
• Chinese Performers of America
• Regional and local Chess Clubs
• Santa Clara County Sheriff’s Office (delivered Indiana Jones in a Helicopter)
• City Center Amphitheater-Prometheus Corporation
• Main Street (3 events)
• Local Dance Studios
• Local Activity Vendors
5. Provide a greater sense of community engagement with members of our
community.
Our survey indicated that one of the things that people enjoyed the most was the
community engagement; people met neighbors they didn’t know, neighbors dancing
together in our parks, and everyone gets to relax and play together. This program has
helped to build a closer community!
Recommended Changes to Future Programs
Among the lessons learned were that events need to be held only up until Labor Day.
Events in September were not as well received. More than one Chinese and Indian
cultural event would be received well. Staff recruitments need to take place in early
March as staffing the program was challenging. A greater marketing reach would
result in much higher participation. Reaching the community with printed and
electronic material prior to the end of the school year is a priority.
55
Perhaps the most important lesson learned was that coordination of the events needs to
begin in early February vs. late March to maximize opportunity to engage members of
each neighborhood and partners.
Sustainability Impact
No sustainability impact.
Fiscal Impact
$165,195 to be included in the 2019/2020 budget.
Prepared by: Kim Calame, Recreation Supervisor
Reviewed by: Jeff Milkes, Director, Recreation and Community Services
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – City Council Staff Report March 6, 2018 (authorizing the initial pilot program)
B – 2018 Neighborhood Events Brochure
56
1
ADMINISTRATIVE SERVICES
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 6, 2018
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 FY 2017-18
2. Approve the Mid-Year adjustments for FY 2017-18 as described in the Mid-Year
Financial Report
3. Adopt a resolution approving Mid-Year budget adjustments
Background
On June 20, 2017, the City Council adopted the Fiscal Year (FY) 2017-18 Budget, a $148.9
million spending plan 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 for the
City’s 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. These FY 2017-18 budget
adjustments are summarized in the table below:
Fund FY 17-18 Final
Adopted Carryovers Encumbrances
Adjustments
Approved in
1st-2nd Quarters
FY 17-18
Amended Budget
as Dec 31, 2017
General $75,051,233 $11,974,549 $4,529,247 $6,256,918 $97,811,947
Special Revenue $24,872,591 $21,061,815 $4,362,855 $213,344 $50,510,605
Debt Service $3,167,538 - - - $3,167,538
Capital Projects $23,509,762 $5,971,870 $839,842 $2,270,000 $32,591,474
Enterprise $10,576,992 $1,438,826 $38,195 $12,054,013
Internal Service $11,690,063 $686,475 $762,015 -$3,925,080 $9,213,473
Total All Funds $148,868,179 $41,133,535 $10,532,154 $4,815,182 $205,349,050
57
2
Discussion
The Mid-Year Financial Report focuses on the status of the City’s budget as of
December 31, 2017, and recommends adjustments to ensure the budget reflects the
City’s current revenue outlook and is responsive to changing spending priorities. As
shown in the chart below, $12,144,705 in budget adjustments are being requested, of
which $10,000,000 involves a transfer of excess fund balance to the Capital Reserve per
the City’s Reserve and One Time Use Policy. If approved, the City’s new spending plan
would total $217,493,755 across all funds.
Mid-Year Financial Report Summary by Fund
Fund Amended Budget as
of Dec 31, 2017
Requested Mid-Year
Adjustments
Year End Projections
General $97,811,947 $12,068,805 $109,880,752
Special Revenue $50,510,605 -$50,510,605
Debt Service $3,167,538 -$3,167,538
Capital Projects $32,591,474 -$32,591,474
Enterprise $12,054,013 -$12,054,013
Internal Service $9,213,473 $75,900 $9,289,373
Total All Funds $205,349,050 $12,144,705 $217,493,755
The recommended budget adjustments would be funded through the use of
department revenue of $14,144,900, of which $11,400,000 is a movement of cash from
the General Fund to the Capital Reserve and Retiree Health Fund. A projected increase
to unassigned fund balance in the amount of $2,000,195 across all funds would occur as
summarized in the table below:
Fund Department Description
Expenditure Revenue Fund Balance
General Fund Administrative Services 384,820$ -$ (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 Services 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$
10,
58
3
General Fund Update
4-year Comparison of Revenues, Expenditures and Changes to Fund Balance
Revenue
As of Mid-Year, General Fund revenues are at $33.6 million, which represents 37%
percent of the Amended Budget revenue. Sales Tax revenue is expected to come in
higher than originally projected as reported by our sales tax consultant, HDL. This is
primarily due to the positive effect of sales tax localization due to the Apple Park
development. Furthermore, County estimates indicate that property tax revenues are
expected to come in higher than previously projected. This is partially attributed to
properties associated with Apple Park, which had an assessed value increase of $822
million. Transient Occupancy Tax revenues have increased primarily due to the
opening of the Residence Inn Marriot in Main Street. In total, staff is recommending to
increase budgeted revenues in the General Fund by $2.6 million.
Expenditures
As of Mid-Year, General Fund departments are requesting adjustments totaling
$12,068,805. These requests involve a contract adjustment for the City’s previous sales
tax consultant Muni Services as they close out audits they began in prior fiscal years,
staffing requests, matching funds to remove a barrier to fish passage at Deep Cliff Golf
Course, disaster modeling and planning for seismic activity, Sheriff pass thru expenses,
a Carmen Road pedestrian/bike bridge study, funding for the retiree health fund, and
the transfer of excess fund balance to the Capital Reserve per the City’s Reserve Policy.
These requests would be funded by an increase in projected sales and property tax
revenue and the use of General Fund unassigned fund balance as summarized in the
table below:
59
4
Fund Department Description
Expenditure Revenue Fund Balance
General Fund Administrative Services 384,820$ -$ (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 Services 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)$
Retiree Health Fund
The Administrative Services Department is requesting a transfer of $1.4 million dollars
from the General Fund to the Retiree Health fund in order to restore the fund to a
positive cash balance. In FY 2015-16, the City used fund balance in retiree health to fund
a large portion of expenses in that fund. In the subsequent year, it was discovered that
these dollars should not have been used and the fund was in a cash deficit position. If
approved, this will restore the fund to a positive position.
Matching Funds to Remove Barrier to Fish Passage
In 2016, the Friends of Stevens Creek Trail were awarded a grant from the Santa Clara
Valley Water District (SCVWD) to fund a feasibility study evaluating solutions to
improve fish passage along Stevens Creek. Council agreed to sign on as a grant partner,
providing a contribution of $6,380, one-third of the local match requirement. The study
was completed in November 2017 and eight barriers to fish migration on Stevens Creek
were identified.
At the February 6, 2018 Council meeting, the Santa Clara County Creeks Coalition
submitted a written request (Attachment E) to Mayor Paul and the Council to discuss
the possibility of contributing $9,900 towards matching funds for another SCVWD grant
proposal to remove one of the identified barriers at Deep Cliff Golf Course in
Cupertino. The estimated total cost for removing the Deep Cliff barrier is $140,000 -
$160,000. If the Creeks Coalition can secure $9,900 from four agencies, the resulting
$39,600 would amount to the 25% match requirement. The Creeks Coalition has also
approached Sunnyvale, Mountain View, Los Altos, and the Open Space District
requesting contributions. The Sustainability Division is requesting $9,900 to commit
towards the matching fund requirement if the grant is awarded.
Neighborhood Events Planning for Summer 2018
Recreation and Community Services staff are planning on expanding special events,
such as outdoor movies and concerts, into neighborhood parks beginning this summer
on a trial basis. Currently, most all events are held in Memorial park which requires
many people to drive to the park. The intent is to provide walkable events, coordinated
60
5
with neighbors to provide a sense of community. Funding is needed to hire one (1) PT
Community Coordinator and one (1) PT Leisure Programs Specialist, to plan the trial
series of events at Jollyman, Creekside, Civic Center, and Main Street for the summer of
2018. Neighborhood events will greatly enhance the City's program offerings and
relationships with neighbors as they will be offered in coordination with neighbors,
block leaders, private groups, and more. For these part-time staff, $37,100 is requested
for the planning stage. Funds to implement the trial program will be requested in the
upcoming budget process. It is estimated that the trial program implementation would
cost $98,000, but the final amount will be determined through the planning process.
Fund Balance
The City’s General Fund ended FY 2016-17 with $53.49 million in total fund balance. As
part of the FY 2017-18 Final Budget the City projected ending the fiscal year with $45.41
million in total fund balance. As of the First Quarter Report, the City updated its year-
end projections for FY 2017-18 to $55.77 million in GF fund balance, an increase of
$10.36 million due to increases in revenues received and lower expenditures in FY 2016-
17. Projected year-end fund balance is being decreased by $5.66 million over the first
quarter projections due to a transfer of cash out of the General Fund to the Capital
Reserve and the Retiree Health Fund.
Year End
Projections Actuals
Adopted
Budget
First
Quarter
Mid-Year
Projections
CLASSIFICATION 2016-17 2016-17 2017-18 2017-18 2017-18
Non Spendable 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
* The 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.
As of Mid-year, staff recommends the transfer of $10 million in fund balance to the
Capital Reserve to fund future years of the Capital Improvement Plan.
Staffing
Currently, the city has a total of 193.75 FTEs. As of Mid-Year, staff is requesting a full-
time Account Clerk I/II in Administrative Services and the conversion of a Limited
Term Special Programs Coordinator to a full-time Community Outreach Specialist for
Recreation and Community Services and Public Affairs. If approved, this would bring
the full-time benefited employee count to 194.75.
61
6
Community Outreach Specialist
Staff recommends making permanent one limited-term Special Programs Coordinator
position in the Recreation and Community Services Department (RCSD) and
reclassifying the position to a Community Outreach Specialist to better refl ect actual
duties performed. The position performs graphic design and marketing work consistent
with a Community Outreach Specialist. The position was funded as part of the FY 2016-
17 as a two year limited term position, set to expire in August 2018.
This position has resulted in increased social media traffic related to RCSD by 60% with
325% more posts reaching customers weekly in addition to increasing the open rate for
email marketing. The Recreation Schedule has improved visuals and is more intuitive
for the customer. Overall, RCSD has seen increased enrollment in many programs.
Given the City’s efforts to create unified branding standards, staff recommends partial
oversight from the Public Affairs Division. This change would ensure that the
Community Outreach Specialist supporting RCSD is up-to-date on broader community
interests, concerns, and sensitivities; as well as ensuring alignment to City -wide
branding and marketing strategies. Realigning the position would also allow greater
flexibility for both Public Affairs and RCSD in meeting marketing demands.
Account Clerk I/II
A new full time permanent Account Clerk I/II position is being requested to serve as the
liaison between the Sheriff's Office and private entities requiring private law
enforcement services, commonly referred to as “paid jobs” by the Sheriff’s Office and to
serve as additional support for our business license function. In late FY 2016 -17, the
Sheriff's Office advised the City that per their County Counsel the Sheriff would no
longer be available to contract with private entities for paid jobs. Any requests for paid
jobs would need to first go through the City and be requested by the City as part of its
contract with the Sheriff for law enforcement services. Since, there is no indication from
the County that this administrative process will be retur ning to the Sheriff's Office, this
will be an ongoing service that the City will need to provide.
In addition, this new position will provide relief for the business license function in the
department. Business licenses have seen a significant increase in volume in the past few
years. This coupled with a change in process to industry best practices as part of a
system upgrade which eliminated the batch renewal functionality, has resulted in a
significant workload increase in the department. Since, there are no technical solutions
on the horizon to alleviate workload issues in business licenses, the department would
like to move forward with a permanent long-term solution for the position. In addition,
consistency in this position allows for building a great business relationship with our
most frequent requestors. Furthermore, offsetting revenue is anticipated for this
62
7
position, through the administrative fee that the department charges for being the pass
thru for paid jobs services.
Performance Measures
Updated performance measures that align with government and private industry best
practices have been included in the Mid-Year Financial Report. Staff will continue to
provide updates to Council on the performance measures as part of the Mid-Year
Budget Report, including prior year totals and current year results through December .
Attachment C represents the status of the performance measures as of Mid-Year.
Irrevocable Trust
Significant investment losses experienced by CalPERS during the great recession have
resulted in the overall funded status of the retirement system falling below desired
levels. As a result, on December 21, 2016, the CalPERS Board of Administration voted to
lower the CalPERS discount rate assumption from 7.5% to 7.0% over three years.
Although this will reduce the long-term probability of funded ratios falling below
desired levels and improve the likelihood of CalPERS investments earning the assumed
rate of return, it will result in considerable increases to the City’s annual required
contributions, which include both the Normal Cost and Unfunded Accrued Liability
(UAL) payments.
As of June 30, 2016, the City’s Unfunded Accrued Liability is $40.6 million. For FY 2017 -
18, the City’s estimated contribution to CalPERS is $4.0 million (Normal Costs: $1.6
million; UAL Contribution: $2.4 million). Assuming the adopted changes to the
discount rate, by 2024-2025, the City’s CalPERS costs are projected to rise to $7.2 million
(Normal Costs: $2.3 million; UAL Contribution: $4.9 million), an increase of 81.7%
(CalPERS Actuarial Valuation Report as of June 30, 2016).
In addition, as of February 13, 2018, the CalPERS board voted to decrease the
amortization period for new pension liabilities from 30 years to 20 years effective July 1,
2019 for all agencies. CalPERS estimates that this will result in the normal cost rate
increasing by 0% to 0.6% and UAL costs changing by -1.3% to 4.3% for Tier 1 members;
for Tier 2 members, it is estimated that the normal cost rate will change by -0.3% to 0%
and UAL costs will decrease by -5.5% to -3.1%; for PEPRA members, the normal cost
rate is estimated to change by -0.1% to 0% (CalPERS Circular Letter 200-014-18).
Reducing the amortization period is expected to increase future average funding ratios,
provide faster recovery of funded status following market downturns, and decrease
cumulative interest contributions.
If there are any further reductions in the discount rate or if CalPERS investment returns
continue to fall below the 7.0% assumption, there may be further increases to the City’s
63
8
annual required contributions. To reduce the risk of contribution increases in the future,
the City has several options:
1. Pre-paying the UAL
2. Establishing a Section 115 Trust
3. Expedite amortizing the UAL over 20 years instead of 30 years
City staff recommends establishing a Section 115 Irrevocable Trust. A Section 115 Trust
is a tax-exempt investment tool that allows local governments to pre -fund pension and
OPEB costs. Once contributions are placed into the trust, assets from the trust can only
be used for retirement plan purposes. Withdrawals may be made to either reimburse
the City for retirement system contributions or to directly pay CalPERS. City staff also
recommends expediting the change in amortization of the UAL over 20 years instead of
30 years.
The benefits of Section 115 Trusts include the following:
Local control over assets: City controls the contributions, withdrawals,
investment strategy, and risk level;
Pension rate stabilization: Assets can be transferred to CalPERS at City’s
discretion;
Potential for higher investment returns: Investment requirements that apply to
the City’s General Funds are not applicable to assets held in a Section 115 Trust;
Potential for lower net pension liability: Contributions to the trust may be able
to reduce the City’s net pension liability for financial reporting purposes.
In addition to establishing a trust, City staff is preparing a funding strategy with
recommendations on how to grow the trust to City Council as part of the FY 2018 -19
Proposed Budget. One option for increasing the assets of the trust is to allocate a
portion of year-end excess fund balance to the trust.
Conclusion
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.
64
9
Prepared by: Budget Team Members - Karen Bernard-Guerin, Zach Korach, Thomas
Leung, Katy Nomura, and Toni Oasay-Anderson
Reviewed for submission by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Mid-Year Financial Report – FY 2017-18
B - Draft Resolution
C - Performance Measures for each Department
D - Mid-Year Budget Journal
E - Santa Clara County Creeks Coalition Letter
65
66
67
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4741 Name:
Status:Type:Staff and Commission Reports Agenda Ready
File created:In control:12/11/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™68
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4731 Name:
Status:Type:Adjournment Agenda Ready
File created:In control:12/10/2018 City Council
On agenda:Final action:12/18/2018
Title:Subject: Adjourn in memory of former Cupertino Mayor Bob Meyers
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/18/2018 1
Subject: Adjourn in memory of former Cupertino Mayor Bob Meyers
Adjourn in memory of former Cupertino Mayor Bob Meyers
CITY OF CUPERTINO Printed on 12/17/2018Page 1 of 1
powered by Legistar™69