14. 2009/10 budgetOFFICE OF ADMINISTRATIVE SERVICES
CITY HALL
7 0300 TORRE AVENI,IE • CUPERTINO, CA 95014-3255
TELEPHONE: {408} 777-3220 • FAX: (408) 777-3366
CUPERTINO
SUMrvIARY
Agenda Item No. ~~
Meeting Date: June 16, 2009
SUBJECT AND ISSUE
Receive public comments, discuss, and adopt the 200!I-10 budget:
a. Grant a negative declaration
b. Adopt a resolution establishing an operating rind capital budget for fiscal_year 2009-10, Resolution
No. 09-092
c. Adopt a resolution establishing an appropriation limi# for fiscal year 2009-10, Resolution No. 09-093
d. Adopt a resolution establishing an operating t~udget for the Redevelopment Agency, Resolution No.
09-01
e. Authorize a Park Planner Position and Senior Code Enforcement Position.
BACKGROUND
The purpose'of tonight's hearing is to give the public a final opportunity to comment on the proposed 2009-
l Obudget before City Council takes action.
An in-depth review of the budget was presented to City Council at budget work sessions on May 27, June 2
and 10, and a public hearing was held on June 2. Council discussed the General Fund financial position,
reserve levels, departmental operating budgets, and tl-ie five-year capital improvement program.
RECOMMENDATION
Receive public comments, discuss and adopt the 2005-10 budget.
a. Grant a negative declaration.
b. Adopt a resolution establishing an operating and capital budget for fiscal year 2009-10, Resolution No.
09-092
c. Adopt a resolution establishing an appropriation limit for fiscal year 2009-10, Resolution No. 09-093
d. Adopt a resolution establishing an operating budget for the Redevelopment Agency, Resolution No. 09-01
e. Authorize a Park Planner Position and Senior Code Enforcement Position.
Submitted by:
Carol A. Atwood ~`
Director of Administrative Services
Approved for submission:
~~~~
David W. Knapp
City Manager
Attachment A: Resolution 09-092 operating and capital budget for fiscal year 2009-10
Attachment B: Resolution 09-093 appropriation limit for fiscal year 2009-10
Attachment C: Resolution 09-01 operating budget fcr Redevelopment for Agency fiscal year 2009-10
14-1
~Cq~ ATTACHMENTA
~1
RESOLUTION N0.09-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
FISCAL YEAR 2009-10 BY RATIFYING ESTIMATES OF REVENUES TO BE
RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR
SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH
CONDITIONS OF ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound f scal policy of maintaining a proper ration of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submitted his estimates of anticipated revenues and
fund balances, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the
following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in each of the several funds during fiscal year 2009-IO as submitted by the City
Manager in his proposed budget and as have been amended during the budget study sessions are
hereby ratified.
Section 2. There is appropriated from each of the several funds the sum of money as
determined during the budget sessions for the purposes as expressed and estimated for each
department.
Section 3. The City Manager is hereby authorized to administer and transfer
appropriations between Budget Accounts within the Operating Budget when in his opinion such
transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to City
Council quarterly a revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to continue
unexpended appropriations for Capital Improvement projects.
14-2
Resolution No. 09-092
Page 2
Section 6. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of June, 2009 by the following vote:
Vote Members of the Cih~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
14-3
DR,4FT
RESOLUTION N0.09-093
ATTACHMENT B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AND ADOPTING THE APPROPRIATION
LIMIT FOR FISCAL YEAR 2009-10
WHEREAS, the State of California has adopted legislation requiring local jurisdictions to
calculate their appropriation limits in complying with Article XIII B; and
WHEREAS, said limits are determined by a formula based upon change in population,
(city or county), combined with either the change in inflation (California per capita income) or
the change in the Local assessment roll due to local nonresidential construction; and
WHEREAS, the local governing body is required to set an appropriation limit by
adoption of a resolution; and
WHEREAS, the county population percentage change over the prior year is 1.56%, and
the California per capita personal income change is 0.62%.
In computing the 2009-10 limit, City Council has elected to use the county population
percentage change, and the California per capita income change was used, but the Council has a
right to change nonresidential assessed valuation percentage when the figure is available.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves a 2009-10 fiscal appropriation limit of $70,733,348.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16`" day of June, 2009 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
~a-a
~T ATTACHMENT C
RESOLUTIONf NO. 09-01
A RESOLUTION OF THE CUPERTIrdO REDEVELOPMENT AGENCY
ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR
2009-10 BY RATIFYING ESTIMATES OF REVENUES TO BE
RECEIVED IN EACH FUND AND APPROI?RIATING MONIES THEREFROM FOR
SPECIFIED ACTIVITIES AND ACt:OUNTS AND SETTING FORTH
CONDITIONS OF ADMIlVISTERING SAID BUDGET
WHEREAS, the orderly administration of;municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ration of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned ditties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submiti.ed his estimates of anticipated revenues and
fund balances, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency
does hereby adopt the following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in the Redevelopment Agency fund during fiscal yeaz 2008-09 as submitted by the City
Manager in his proposed budget and as have been amended during the budget study sessions are
hereby ratified.
Section 2. There is appropriated from the fund the sum of money as determined
during the budget sessions for the purposes as expressed and estimated for each department.
Section 3. The City Manager is hereb}~ authorized to administer and transfer
appropriations between Redevelopment Agency a~ ;counts within the Operating Budget when in
his opinion such transfers become necessary for axlministrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to the
Cupertino Redevelopment Agency a quarterly revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
14-5
Resolution No. 09-0 l
Page 2
PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agency
this 16th day of June, 2009 by the following vote:
Vote Members of the Redevelo mp ent A~encX
AYES:
NOE5:
ABSENT:
ABSTAIN:
APPROVED:
Chairman, Redevelopment Agency
ATTEST:
Secretary
14-6
EXHIBITS
BEGIN
HERE
C:c Uli(~~oq
Linda Lagergren ~~ /
From: eva wong [evaww@yahoo.com]
Sent: Tuesday, June 16, 2009 12:58 PM
To: Orrin Mahoney; Orrin Mahoney; Kris Wang; Kris Wang; Dolly Sandoval; Dolly Sandoval;
Gilbert Wong; Gilbert Wong; Mark Santoro; Mark Santoro
Cc: eva wong
Subject: A Proposal to make the City better
`.. ~
Dear Fellow Councilmen,
CUPERTINQ
We appreciate your working hard to finalize our city's budget. As a group of Monte Vista parents we would
like to put forth a proposal that may increase city services with minimal costs: we propose an increased effort
to recruit high school students as volunteers.
We believe high school students can volunteer as crossing guards, tutors, hold classes on how to ride bicycles
and baby-sitting, be part of our emergency response team for lost pets during disasters, chaperone younger
students for the walk-bike-to-school program, and the list ~;an go on and on.
We want to emphasize the walk-bike-to-school program in particular because neighboring cities such as Palo
Alto and Los Altos have adopted them and are successful. They launched their program with the help of a
volunteer coordinator. It will increase safety, reduce traffic; and pollution around our schools.
We hope you will consider and embrace our proposal. We believe leveraging volunteer hours is a smart way to
increase city services during times of economic uncertainties.
Sincerely,
A Group of Concerned MV Parents
~l ~~1e9 -~i y
FY 09/10 Budget Discussion Item/Possible Adds
From the 6/10/09 Council Study Session
Estimated Possible *Program*
Wish List- Cost Options Ops CIP
CUPERTINO
~x~i~i~
)ecided
viandated loan to the State; $1,358,000 $1,358,000 x Recommend funding from $915,000 G/F reserve and $443,000
Lion #1 from the E uipment Replacement Reserve.
C'nncirler at Miri.Year
City Channel re-cabling TBD $0 x Possible Midyeaz Budget Adjustment -New Work program
Item -Direct staff to work with Comcast to identify optimum
solution -and bring back cost estimates to Council.
Linda Vista Park water feature $700,000 $0 x Possible Mid ear Budget Adjustment - Pendin $30,000 study
Walk/bike to school program TBD $0 x Possible Midyear Budget Adjustment -Evaluate after $29K
e erase
Dog Pazk {5 options): Suggest waiting for citizen committee report on July 21 and
> Education/Outreach $40,000 Up to x Park & Rec Commission recommendation. Then proceed with
> Fenced Area $40,000
000 i
$580 x a midyear budget adjustment. Monies for outreach efforts
"iMajor Park ~'~~ $300,000 to s
, ($40,000), fenced azea ($40,000), and a dog park {up to
$500,000
identified &
x $500,000) have been identified through savings from Monta
> Use of SCC pro e
TBD
x Vista Re-roof, ballfield & library field projects ($250,000) and
> Placeholder amount TBD available x x available fund balance in the Recreation Fund.
Total Consider Mid-Year
("_onsider Nnw
~i,SjU,UVU $5$O,UUU
Website search en ' e u de $30,000 $30,000 x $30,000 for software. Recommend fundin from G/F.
Leadership 95014 $12,500 $12,500 x Direct staff to continue to refine program scope. Recommend
fundin from the GlF.
Total Consider Now ~4L,JVU a4L,~Vu
FY 09/10 Budget Discussion Item/Possible Cuts
*Program*
Funding Could be Obtained from the Possible Ops CTP
Following Areas: Cuts
Fnr (lnPrafina Ttemcr
Pla ound Safety Audit $8,500 x Re-bid ro'ect for savings to on ' al estimate
Annexations $10,000 x Reduce to zero - no Tanned annexations for 09/10
Buildin Abatements $15,000 x Reduce to zero
A "green" Scene $21,000 x $78,000/yr on postage & printing, replace 3 months with
electronic version or referrals to the website. (3 x $7,000/mo)
Building Maintenance -Quinlan
re lace counter to sin restrooms
$20,000
x
Defer maintenance -still needs to be done at some oint
Building Maintenance -Senior Ctr
r lace lobby counter top
$18,000
x
Defer maintenance -still needs to be done at some oint
Replace decomposed granite with asphalt -
Lincoln
$22,000
x
Defer maintenance -still needs to be done at some point
ep ace ecompose granite vv~ asp a t -
Garden Gate
$28,000
. x
Defer maintenance -still needs to be done at some point
$142,500
For Capital Pro'ect Items:
Recreation Fund CIP savings and Up to
fund balance $580,000 x x For Dog Park Options -can be designated for specific, future use
Total
up to
$722,500
\\cupertinosan\groups\Finance\Budget\2009-10 Budget\09-10 Budget matrix v3.xis
2009/10 Budget Study Session ________ ._
Co uncil Follow Up Items ,_
# Question from 5127109 _
~ Assi ned to To Council
1 Reca last two ears of School Resource Officer costs _Carol 5/28 and 6/2 _ ___
2 Footnote Retiree Medical Trust activit~n budget doc Dave W. done
3 Denote any deadlines on Stimulus Grant applications __ _ _ All De is 6/2/2009 __
4 What does $130,000 get us re: Heart of the City Aarti 6/2/2009 _ _
5 Breakdown of General Election versus UUT costs _ Carol _ 6_12/2009
_
_
6 What's happening with Cupertino Channel broadcasting; ____._
a.Quality Improvement Rick 6/2/2009
b. U date to digital Rick 612/2009
7 Status of bandwidth project and budget Mari ah 6/2/2009 _
8 ~_
Community Development Budget -
a. BMR Housing projects for two years ___ Carol 5/28/2009_
b. Mid-Long term_planning projects for two years Carol
~ 5!28/2009
c. Affordable Housing projects for two rears . Carol _ 5/28/2009
d. Total project to date Housing Element budget _
_ _ TCarol 6/2/2009
9 Any cost sharing agreement for traffic study for new hotel & _
office squares? ~ Aarti 6/2/2009
10 Capital Improvement Projects - est of wish list items Ral h 5/28/2009 _ ___
11 Capital Improvement Projects - ___
a. Reconciliation between Ral h & Carol's ppt Dave W 6/2/2009
_ b. Sheet denoting carryover, new mone ,totals Dave W 5/28/2009
12 Rental revenue from Simms prope _ Dave W 6/2/2009
13 09110 Ex enditure Trends Carol 5/28/2009
_____
~- Question from 612!09 ~
14 Website Usabili Assessment Rick 6/10/2009
15 __ _
What would ou recommend we use our COPS $$ for'/ Ter C 611012009__
16 Whaf do other cities spend their COPS $$ for? Carol
~ 6/10/2009
17 What does a School Resource Officer do? Ter C 6/9/2009
18 Footnote SRO and School District info in budget Carol __ done _ _
19 Housing Element/Office allocation budget breakdown __ Carol/Aarti 6/10/2009
20 Est of staff time for traffic stud~r and new hotel re: allocation Aarti 6/10/2009
21 State loan/take awa impact/options _ Carol 6/10/2009
22 What does the City do for the School districts? Carol 6/10/2009 ____
23 Memo on school crossing guards Dave K 6/10/2009
Questions from 6110!09
~~
24 How man cities have SRO's -number & funding Cities Association summer _ __
25 Please rovide more info on City Channel broadcastin~c _
options to enhance quality Rick _-16 mt update
__
26 Please breakout cost to u rade the website search engine:. _ _ __Rick
^ 6/16/2009
27 Are we le atl required to do a hard copy mail out for city- _
wide noticin ?Can we go electronic instead? Carol K 6/16/2009
28 do we advertise that citizens can use the school fields
How
-
_
after hours? Mark 6/16/2009 _
Y
29 ___
Please provide $$ estimates to go with DeAnza College~& _
FUHSD services. _
~ Mark 6/16/2009
30 What is the G/F subsid to the schools? Mark/Ral h 6/16/2009
__
Item # 26
Website Search Improvement
~. Google Enterprise Search
The Google Search Appliance 6.0 improves user experience and administrative customization options.
The main features are:
Familiar and easy to use -Intuitively recognized by people around the world, so that visitors use
search to find what they need.
Highly relevant results - Google's search engineering leadership ensures accuracy, speed, and
relevance.
High ROI -Maximizes your site's ROI by increasing Website conversions and reducing support costs.
Secure -Ties into your single sign-on system to securely search across password-protected content.
Cost: Starts at 30,OOOK
Google Mini:
The Google Mini delivers results, in both Intranet anti public site deployments. New features allow you
to search on various enterprise data sources -- all from the same search box. These new features, as well
as the inclusion of Google Analytics and Google Sitemaps functionality, make the Mini the perfect
solution for your public Website. The Google web search and optimized it for use on public websites and
corporate networks to deliver relevant search results at record speed.
Cost: 100,000 documents for $3,990 for 2 years
Custom programming to make the dynamic content more searchable 5,000
Item # 27
,MEMO,
.~
TO: Hon. Mayor and Members of the City Council
David Knapp, City Manager
Aarti Shrivastava, Director of Community Development
FROM: Carol A. Korade, Interim City Attorne;y
RE: Providing Notice to the Public on Land Use Matters
DATE: June 15, 2009
QUESTION PRESENTED:
is the City legally required to do hard-copy mailed nol:ice for City-wide notice of land use
matters or may the City use electronic means for noticing?
ANSWER:
Where notice is required by provisions of the California Government Code related to land use
projects, the notice generally must be by traditional hard-copy first class mail. In some
instances state law gives a publication and posting altE;mative. Where the Cupertino Municipal
Code specifies a particular method of notice even if not required by state law, the CMC must
be complied with, unless the .provision is modified. Vl~here notice is given voluntarily by the
City in an effort to engage the citizenry, notice may bc; given by any means deemed effective,
including electronically.
BACKGROUND:
Several large land use planning projects are underway in the City of Cupertino. In order to
involve the citizens as much as possible, the City Council has asked the staff to send individual
notices to every address in the City, at a cost of about $5,000 per mailing. One Council
member suggested encouraging people to sign up for e;-mail notification, in an effort to save
costs as well as be more environmentally friendly.
DISCUSSION:
California's Planning and Zoning Law (Title 7 of the California Government Code,
commencing with Government Code § 65000) is the framework for local land use regulation.
The law contains a variety of procedural requirements, including notice requirements, intended
to provide for due process so that interested parties know what is being considered.
When notice is required by law, it must be given to a!1 residents within the designated radius
and to all persons whose property interest will be affected. Scott v. City of Indian Wells, 6 Cal.
3d 541, 99 Cal. Rptr. 745 (1972). Government Code § 65091 specifies a radius of 300 feet. In
unusual circumstances, using a greater radius maybe advisable. Horn v. County of Ventura,
24 Cal. 3d 605, 156 Cal. Rptr. 718 (1979J.
Notice by publication and posting is constitutionally a~~equate, unless a statute or ordinance
requires notice by mail. Hayssen v. Board of Zoning Adjustments, 171 Cal. App. 3d 400, 217
Cal. Rptr. 464 (1985).
Certain legislative acts, such as the adoption of a general or specific plan, require a noticed
public hearing, as set forth in Government Code §§ 65350 et seq. The amendment of a zoning
ordinance is subject to notice and hearing under Government Code §§ 65090 and 65091 if the
amendment affects the permitted uses of real property. Government Code § 65853.
Entitlements such as a zoning variance, special use permit or conditional use permit also
require specific types of notice. Government Code § fi5096.
Below follows an identification of the key statuary provisions. The first subsection A below
lists the applicable Government Code sections and the next subsection B lists the applicable
Cupertino Municipal Code sections. Following is sub<,;ection C which contains a brief
discussion of the Possible Approaches.
A. Key sections of the Government Code:
Compliance with several California Government Code; provisions is required.
65353. (a) When the city or county has a planning commission authorized by local ordinance
or resolution to review and recommend action on a proposed general plan or proposed
amendments to the e~, neral plan, the commission shall hold at least one public hearing before
approving a recommendation on the adoption or amendment of a general plan. Notice of the
hearing shall be even pursuant to Section 65,090.
(b) If a proposed general plan or amendments to a g<,neral plan would affect the permitted_
uses or intensity of uses of real properly, notice of the hearine. shall also be given pursuant to
paragraphs (1}and (2} of subdivision (a) of Section 6.i0~1.
(c) If the number of owners to whom notice would b~e mailed or delivered pursuant to
subdivision (b) is greater than 1.000, a local agency may, in lieu of mailed or delivered notice
provide notice by publishing notice pursuant to paragraph 3) of subdivision (a) of Section
65091.
(d) If the hearings held under this section are held at the same time as hearings under Section
65854, the notice of the hearing may be combined.
65354.5. (a} A city or county with a planning agency, other than the legislative body itself,
which has the authority to consider and recommend the approval, conditional approval, or.
disapproval of a proposed amendment to a general plan, shall establish procedures for any
interested party to file a written request for a hearing Icy the legislative body with its clerk
within five days after the planning agency acts on the proposed amendment. Notice of the
hearing shall be given pursuant to Section 65090.
(b) The legislative body may establish a fee to covet the cost of establishing the procedures
and conducting the hearing pursuant to subdivision (a,l. The legislative body shall impose the
fee pursuant to Section 66016.
65355. Prior to adopting or amending a eneral plan, the legislative body shall hold at least
one public hearing. Notice of the hearing shall be given pursuant to Section 65090.
65453. (a) A specific plan shall be_prepared, adopted, and amended in the same manner as a
general plan, except that a specific plan may be adopted by resolution or by ordinance and may
be amended as often as deemed necessary by the legislative body.
(b) A specific plan may be repealed in the same manner as it is required to be amended.
65090. (a) When a provision of this title requires notice of a public hearin tg o be ig ven
pursuant to this section, notice shall be published pursuant to Section 6061 in at least one
newspaper of general circulation within the jurisdiction of the local agency which is
conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper
of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least
three public places within the jurisdiction of the local agency.
(b} The notice shall include the information specified in Section
65094.
(c) In addition to the notice required by this section, a local agency may give notice of the
hearing in any other manner it deems necessary or desirable.
(d) Whenever a local agency considers the adoption or amendment of policies or ordinances
affecting drive through facilities, the local agency shall incorporate, where necessary, notice
procedures to the blind, aged, and disabled communities in order to facilitate their
participation: The Legislature finds that access restrictions to commercial establishments
affecting the blind, aged, or disabled is a critical state~Nide problem; therefore, this subdivision
shall be applicable to charter cities.
65091. (a} When a provision of this title requires notice of a public hearin tg o be ig ven
pursuant to this section, notice shall be given in all of the following wad:
(1) Notice of the hearing shall be mailed or delivered at least 10 da}~s prior to the hearing to
the owner of the subject real property as shown on the. latest equalized assessment roll. Instead
of using the assessment roll, the local agency may use records of the county assessor or tax
collector if those records contain more recent information than the information contained on
the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any,
and to the project applicant.
(2) When the Subdivision Map Act (Div. 2 (comme~icing with Section
66410)) requires notice of a public hearing to be giver- pursuant to this section, notice shall
also be given to any owner of a mineral right pertaining to the subject real property who has
recorded a notice of intent to preserve the mineral rigl-t pursuant to Section 883.230 of the
Civil Code.
(3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to
each local agency expected to provide water, sewage, streets, roads, schools, or other essential
facilities or services to the project, whose ability to provide those facilities and services may be
significantly affected.
(4) Notice of the hearing shall be mailed or delivered at least l 0 da~prior to the hearing to
all owners of real property as shown on the latest equ~ilized assessment roll within 300 feet of
the real property that is the subject of the hearing. In l ieu of using the assessment roll, the local
agency may use records of the county assessor or tax collector which contain more recent
information than the assessment roll. If the number of owners to whom notice would be mailed
or delivered pursuant to this paragraph or pars rg anh (~l is greater than 1,000, a local agenc}~ in
lieu of mailed or delivered notice, may_,provide notice by placing a display advertisement of at
least one-eighth page in at least one newspaper of general circulation within the local agency in
which the proceeding is conducted at least 10 days prior to the hearing.
(51 If the notice is mailed or delivered pursuant to paragraph (~, the notice shall also either
be:
(A) Published pursuant to Section 6061 in at least o~ie newspaper of general circulation
within the local agency which is conducting the proceeding at least 10 days prior to the
hearing.
(B), Posted at least 10 days prior to the hearing_in at least three public places within the
boundaries of the local agency, including one public place in the area directly affected by the
proceeding.
(b} The notice shall include the information specified in Section
65094.
(c) )n addition to the notice required b_y this section, a local agency ma~give notice of the
hearin ig n any other manner it deems necessary or desirable.
(d) Whenever a hearing is held regarding a permit for adrive-through facility, or
modification of an existing drive-through facility pern~it, the local agency shall incorporate,
where necessary, notice procedures to the blind, aged, and disabled communities in order to
facilitate their participation in any hearing on, or appeal of the denial of, adrive-through
facility permit. T'he Legislature finds that access restrictions to commercial establishments
affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision
shall be applicable to charter cities.
65092. (a) When a provision of this title requires notice of a ublic hearing to be given
pursuant to Section 65090 or 65091, the notice shall also be mailed or delivered at least 10
days prior to the hearin tg o andperson who has filed Ft written request for notice with either the
clerk of the governing body or with any other person designated by the governing body to
receive these requests. The local agency may charge ~i fee which is reasonably related to the
costs of providing this service and the local agency m,iy require each request to be annually
renewed.
(b) As used in this chapter, "person" includes a California Native American tribe that is on
the contact list maintained by the Native American Heritage Commission.
65093. The failure of any person or entity to receive notice given pursuant to this title, or
pursuant to the procedures established by a chartered ~~ity, shall not constitute grounds for any
court to invalidate the actions of a local agency for which the notice was given.
65094. As used in this title, "notice of a public hearing" means a notice that includes the date,
time, and place of a public hearing, the identity of the hearing body or officer, a general
explanation of the matter to be considered, and a general description, in text or by diagram, of
the location of the real property, if any, that is the subject of the hearing.
65095. Any public hearing conducted under this title :may be continued from time to time.
65096. (a) Notwithstanding any other provision of law, whenever a person applies to a city,
including a charter city, county, or city and county, for a zonin vg ariance~~cial use permit,
conditional use permit, zoning ordinance amendment, general or specific plan amendment, or
any entitlement for use which would permit all or any part of a cemetery to be used for other
than cemetery purposes, the city, county, or city and G~unty shall give notice pursuant to
Sections 65091, 65092L65093, and 65094.
(b) Those requesting notice shall be notified by the local agency at the address provided at
the time of the request.
(c) Notwithstanding Section 65092, a local agency shall not require a request made pursuant
to this section to be annually renewed.
B. Cupertino Municipal Code:
The existing requirements in the Cupertino Municipal Code parallel state law.
The central provision in the Zoning Ordinance to which many other sections refer is found in the
provisions related to zoning text and map amendment:.. It reads:
19.120.060. Notice of Public Hearing.
A. The Director shall give a notice of hearing on a proposed change of district
boundaries in the following manner:
1: Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as provided in
Section 65090 of the California Government (:ode;
2. Additionally, except as provided in subsection A3 of this section, the City shall
mail written notice of such hearing at least ten. days prior to the date of the hearing to
each owner of record of real property within three hundred feet of the exterior
boundary of the property for which classification is sought as such owner of record is
shown in the last tax assessment roll pursuant to Section 65091 of the California
Government Code;
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or delivered
notice, the Director may provide published notice as provided in Government Code
Section 65091(3).
Compliance with the procedures set forth i:n this section shall constitute agood-
faith effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing or from
taking any action nor affect the validity of any action.
B'. The notice of public hearing shall contain the following:
1. The exact address of the property, if known, or the location of the property, if
the exact address is not known, and the existing and requested district or districts
applicable;
2. The time, place and purpose of the hearing;
3. A brief description, the content of wh ich shall be .in the sole discretion of the
City; of the change in district boundaries or regulations sought;
4. Reference to the application or motion on file for particulars;
5. A statement that any interested person, or agent thereof, may appear and be
heard. Typographical and/or publishing errors shall not invalidate the notice nor any
City action.
Some variations are found in the provisions related to minor residential permits, which call for the
notice of application to only be sent to adjacent properties, but which does state the notice of action
shall be by "first class mail or electronic mail." § 19.211.090.
For a two story residential permit, a Level I application requires mailed notice to adjacent property
owners and a sign on the property. For Level II applications, mailed notice must be sent to all those
with three hundred feet and a sign on the property. Alain notification of the action may be by "first
class mail or electronic mail." § 19.28.100. Three hundred feet also is required for matters considered
by the design review committee. § 19.28.110.
Only affected residents are required to be notified of landscaping matters related to buildings in
general commercial areas. § 19.56.070.
More extensive noticing is specifically required for wireless communications. Mailed notice must be
sent to everyone property within 1,000 feet, and may lie extended if deemed advisable. § 19.108.090.
Notice of consideration of a development agreement replicates state law and must be published or
posted, as well as sent to property owners within 300 ]Feet; if there are more than 1,000 properties,
then the alternative notice provisions of state law may be used. In addition, the City may decide to
expand noticing. § 19.116.180.
Administrative appeals are noticed by mail to adjacent and abutting property owners, but may
be expanded if deemed appropriate. § 19.132.060. The same is true for notices of architectural
and site review applications. § 19.134.060.
B. Possible Approaches:
The question of alternatives to mailed notices is one that stems from the fact that the legislation
has not, in my opinion, kept up with technological changes. The law, as written, does not
provide for notification by email. It is possible to sen~I out an email asking if the noticed
person would consent to notice on a particular item b}~ email and requiring an email consent
back. While this could provide actual electronic notice, the statute does not provide for this as
an approved notification method. It is possible for someone to argue that this is not effective
notice for it did not comply with the applicable section of the law. Thus, I recommend that
notice be given in the specific method prescribed for the specific type of hearing until there is a
change in the applicable legislation. I have noted some possible ways to reduce the noticing
charge that comply with existing law.
If the Council wishes to obtain a great deal of public input on large regional or city-wide plans
prior to dealing with actual decision-making, it could Bold several workshops that could be
advertised in a variety of ways other than mailed notice.
When matters are being considered and action is anticipated to be taken, if there is a likelihood
of more than one meeting, once the original notice is €;iven consistent with the requirements of
the Government Code, it would be a good idea to have; all hearings formally continued to a
specific date and time under the auspices of Government Code §65095.
Please contact me if you need have any questions or require additional assistance. Thank you.
Item # 28
Subject: FW: 2009-10 CC follow up items.xls
-----Original Message-----
From: Mark Linder
Sent: Monday, June 15, 2009 1:48 PM
To: Ralph Qualls
Cc: Carol Atwood; David Knapp; Roger Lee
Subject: RE: 2009-10 CC follow up items.xls
Ralph,
We do not advertise that the school fields are available for general use. We do advertise
our programs on these fields and those who book the fields have their own advertising.
Mark
-----Original Message-----
From: Ralph Qualls
Sent: Monday, June 15, 2009 10:32 AM
To: Mark Linder
Cc: Carol Atwood; David Knapp; Roger Lee
Subject: 2009-10 CC follow up items.xls
Hi Mark----Carol assigned the response to Council from 6/10 of "How we notify people that
playfields are available"---I have idea--so who does--I'm guessing it is part of the
sports/intramural programs but I'm not sure what--RalphQ
i
Item # 29 / Item # 30
Carol Atwood -- -
From: Mark Linder
Sent: Friday, June 12, 2009 3:38 PM
To: ~ Carol Atwood
Subject: RE: Services to all schools
Carol,
For Cupertino Union School District for FY2008-2009 Parks and itecreation grossed $343,000. We netted $183,000. I
want to note that these figures might change slightly as we do not have all of this spring's after school information, I
am gathering the information for the FUHSD. Also the summer enrichment program is with the Fremont Union High
School District. We are offering one class this summer, College Planning for juniors. To date we have grossed $22,000
and we keep 10% for handling the registration and the money. The district uses the rest to pay the instructors. This
program will expand next summer. FUHSD provides some programming at the Senior Center. 1 can get you more details
on the Senior Center programs on Monday.
For Foothill/De Anza we do not generate much money. The Euf~hrat Center is a contractor for art classes. The Kirsch
Center provides students to help Barbara Banfield. Foothill pro~iides some programming at the Senior Center. We
launched the Leadership and Learning Partnership with De Anza's Institute of Community and Civic Engagement this
year. This partnership is between Cupertino Block Leaders and [}e Anza faculty and students. We are completing the first
pilot semester next week. We had three service learning projects connected to four Oe Anza classes. I can get you more
detail on these partnerships if need be.
I am sorry that when I read your information the first time I onl~~ read the CUSD page.
Mark
From: Carol Atwood
Sent: Friday, June .12, 2009 2:38 PM
To: Mark Linder
Subject: Services to all schools
Mark -
Incase you don't have it, here is the recap.
Thanks!
Carol Atwood
Director of Administrative Services
City of Cupertino, CA 95014
408-777-3226
carola cupertino.ore
Carol Atwood
From: Mark Linder
Sent: Friday, June 12, 2009 4:09 PM
To: Carol Atwood
Subject: RE: Services to all schools
Carol,
Additional information.
Far the swim program, we pay FUHSD $19,929. Our summer swim lesson program grosses $162,834 and nets $65,154
We use the Cupertino High School gym for contract sports classf:s. The rental for the summer is $6,366. This program
grosses $55,242 and nets $11,758.
For the 4t" of July, we pay the FUHSD $730 for use of the Cupertino Wigh School field to launch fireworks.
Mark
From: Carol Atwood
Sent: Friday, June 12, 2009 2:38 PM
To: Mark Linder
Subject: Services to all schools
Mark-
In case you don't have it, here is the recap.
Thanks!
Carol Atwood
Director of Administrative Services
City of Cupertino, CA 95014
408-777-3226
carola@cupertino.org
Crossing Guard Services by Intersection with School Start/End Times
Average
hours
paid oer
day Typical Sc hool Day ,e n a -..June 11 & June 12
Site# Intersections Start Time End Time Start Time End Time Start Time End Time Start Time End Time
1 Blaney/Forest (Collins) 4.5 8:40 AM 12:05 PM 8:40 AM 11:50 PM
10:35 AM 2:45 PM 10:15 AM 2:10 PM
3:15
2 Blaney/Suisun (Eaton) 4.5 9:00 AM 12:25 PM 9:00 AM 12:10 PM
10:55 AM 3:05 PM 10:35 AM 2:30 PM
3:35 PM
3 Greenleaf/Stelling Rd. (Garden Gate) 4 8:00 AM 11:25 AM 8:00 AM 11:10 AM
9:55 AM 2:05 PM 9:35 AM 1:30 PM
2:35 PM
4 Bubb/Hyanisport (Kennedy) 4 8:20 AM 2:48 PM 9:38 AM 2:48 PM 8:20 AM 11:50 AM
7:75 AM 8:55 AM
5 DeAnza Blvd/Mariani (Lawson) 4 8:15 AM 3:00 PM 9:45 AM 3:00 PM 8:15 AM 11:37 AM
7:20 AM 9:00 AM
6 Vista/Merritt (Lawson) 4 8:15 AM 3:00 PM 9:45 AM 3:00 PM 8:15 AM 11:37 AM
7:20 AM 9:00 AM
7 Stevens Creek/Vista Drive (Lawson) 4 8:15 AM 3:00 PM 9:45 AM 3:00 PM 8:15 AM 11:37 AM
7:20 AM 9:00 AM
8 School Site/McClellan (Lincoln) 5 8:55 AM 12:20 PM 8:55 AM 12:05 PM
10:45 AM 2:55 PM 10:30 AM 2:25 PM
3:25 PM
9 Bubb/Regnart (Regnart) 7 8:30 AM 11:55 AM 8:30 AM 11:40 AM
10:25 AM 2:35 PM 10:05 AM 2:00 PM
3:05 PM
10 Barnhart/Tantau (Sedgwick) S 8:30 AM 11:45 AM 8:30 AM 12:10 PM
9:00 AM 3:00 PM 9:00 AM 2:30 PM
11:45 AM 3:30 PM 10:50 AM
Grace Schmidt
From: Carol Atwood
Sent: Tuesday, June 16, 2009 1:56 PM
To: City Council; Department Heads; City Clerk
Subject: FW: Crossing Guard Schedule
Attachments: Crossing Guard Services by Intersection with School Start-End Time.xls
Hi Everyone -
Here is the response from Roger Lee, Assistant Public Works Director -Maintenance Division, regarding crossing guard
services by intersection with school start and end times. This i<.: to follow up on a question received this morning from a
Council member.
Thanks,
Carol
From: Roger Lee
Sent: Tuesday, June 16, 2009 1:44 PM
To: Carol Atwood; Ralph Qualls
Subject: RE: Crossing Guard Schedule
Ca ro I,
I am the one to talk to on this. Find attached a table that show: hours billed by intersection. As noted, the times listed
under the individual days is the school schedule. Crossing guard schedule will not necessary match school schedule due
to the need to be onsite early /late. Due to overlapping start times at the school, it is reasonable that crossing guards at
some locations would stay onsite while waiting for the next dismissal. Note that are agreement with All City
Management provides fora 4 hour minimum. Let me know if rnore detail is needed. I will be at the meeting tonight.
Roger
From: Carol Atwood
Sent: Tuesday, June 16, 2009 12:35 PM
To: Ralph Qualls; Roger Lee
Cc: hausman_rick@cupertino.kl2.ca.us
Subject: Crossing Guard Schedule
Importance: High
Hi Everyone -
I have received a follow up budget question from one of our Council members requesting a schedule of the actual hours
worked by the crossing guards. Apparently, the original matrix given to the Council does not reflect this. Does anyone
have this information?
Thanks, in advance!
Carol Atwood
Director of Administrative Services
City of Cupertino, CA 95014
408-777-3226
carola@cupertino.or~
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