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11-01-10 Bookmarked Packet.pdf Table of Contents Agenda4 September 21, October 5, and October 12 City Council minutes Draft minutes Sept. 21, 201011 Draft minutes Oct. 5, 201018 Draft minutes Oct. 12, 201026 Payroll for period ending October 1, 2010 10.1.10Payroll28 Accounts Payable for period ending October 1, 2010 Draft Resolution29 Accounts Payable for period ending October 8, 2010 Draft Resolution39 Payroll for period ending October 15, 2010 Draft Resolution51 Accounts Payable for period ending October 15, 2010 Draft Resolution52 Accounts Payable for period ending October 22, 2010 Draft Resolution63 Quitclaim Deed for the Grant of Real Property from the Fremont Union High School District of Santa Clara County to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Staff Report70 Draft Resolution71 Quitclaim Deed72 Partial Quitclaim of Easement by Pacific Bell Telephone Company to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Staff Report76 Draft Resolution77 Partial Quitclaim of Easement78 Quitclaim Deed and Authorization for Underground Water Rights, 10160 Lockwood Drive. Draft Resolution82 Quitclaim Deed83 Map87 Quitclaim Deed and Authorization for Underground Water Rights, 10375 S. Tantau Avenue. Draft Resolution88 Quitclaim Deed89 Map93 Quitclaim Deed and Authorization for Underground Water Rights, 790 South Blaney Avenue. Draft Resolution94 Quitclaim Deed95 Map99 1 Development Agreement, 790 South Blaney Avenue. Draft Resolution100 Agreement102 Map114 Final Tract Map, 790 South Blaney Avenue. Staff Report115 Draft Resolution116 Map117 Stormwater Management Facilities Operation and Maintenance Agreement, 790 South Blaney Avenue. Draft Resolution118 Agreement119 Map126 Stormwater Management Facility Easement Agreement, 790 South Blaney Avenue. Draft Resolution127 Agreement128 Map136 City Project, 2009 Tennis Court Re-Surfacing Project. Staff Report137 Authorize application for grant funding for Stevens Creek Corridor, Phase 2. Staff Report138 Draft Resolution139 Receive City Manager's Annual Report 2009-2010 Annual Report 2009-10 Final Draft140 Consider Parks and Recreation Commission Work Plan for Fiscal Year 2010-2011 Staff Report186 Modifications to Use Permit U-2008-02 for an approved hotel by the Shashi Corporation City Council Staff Report188 A. PC Resolution for M-2010-07192 B. PC Staff Report for M-2010-07 dated 10/26/10196 C. Approved Plan Set for U-2008-02222 Appeal of an approval of a wireless service facility on Results Way Appeal Staff Report241 A. Appeal of U-2010-03, EXC-2010-04 and TR-2010-31 dated 9/28/10249 B. Letter to Applicant, PC Reso # 6604262 C. PC Meeting Minutes 9/14/10267 D. PC Staff Report dated 9/14/10283 E. SCC Sheriff's Letter dated 6/23/10306 F. Photosimulations of monopine (3)307 G. AT&T Facility Alternate Sites Arial Map310 2 H. Communications from the TIC Commissioners311 I. Public Correspondence313 J. At&T Mobility Proposed Base Station (Site No. CN3242A/Results Way, Cupertino, California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10424 K. Existing & Proposed Coverage Maps429 L. Commission-approved Plan Set431 Consider scheduling a Study Session on current Capital Improvements Program Projects. Staff Report438 Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new waste management and recycling Recology Franchise Agreement. Staff Report439 Ordinance 10-2069441 Ordinance 10-2070455 Report on the status of the Solar Power Purchase Agreement (SPPA) project. SPPA Staff report 11-1-10460 Attachment A468 Attachment B516 3 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, November 1, 2010 6:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1.Subject: Conference with real property negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue; Cupertino Negotiator: Terry Greene; Negotiating Parties: City of Cupertino & potential lessees per RFP Under negotiation: Lease - price and terms of payment (RFP) : No documentation in packet Page No 2.Subject: Conference with legal counsel - existing litigation (Government Code 54956.9(a)). City of Cupertino v. Mansfield et al, Santa Clara County Superior Court (In re Mansfield, United States Bankruptcy Court). Page No: No documentation in packet PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS – PRESENTATIONS 3.Subject: Proclamation recognizing David Knapp's ten years of service to the City of Cupertino. Recommended Action: Present proclamation Page No: No documentation in packet 4.Subject: Proclamation recognizing World Polio Day in Cupertino. Recommended Action: Present proclamation. Page No: No documentation in packet 4 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency POSTPONEMENTS WRITTEN COMMUNICATIONS 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. 5.Subject: September 21, October 5, and October 12 City Council minutes Recommended Action: Approve minutes Draft minutes Sept. 21, 2010 Draft minutes Oct. 5, 2010 Draft minutes Oct. 12, 2010 Page No: 12 6.Subject: Payroll for period ending October 1, 2010 Recommended Action: Adopt Resolution No. 10-190 10.1.10Payroll Page No: 29 7.Subject: Accounts Payable for period ending October 1, 2010 Recommended Action: Adopt Resolution No. 10-191 Draft Resolution Page No: 30 8.Subject: Accounts Payable for period ending October 8, 2010 Recommended Action: Adopt Resolution No. 10-192 Draft Resolution Page No: 40 9.Subject: Payroll for period ending October 15, 2010 Recommended Action: Adopt Resolution No. 10-193 Draft Resolution Page No: 52 10.Subject: Accounts Payable for period ending October 15, 2010 Recommended Action: Adopt Resolution No. 10-194 Draft Resolution Page No: 53 5 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 11.Subject: Accounts Payable for period ending October 22, 2010 Recommended Action: Adopt Resolution No. 10-195 Draft Resolution Page No: 64 12.Subject: Quitclaim Deed for the Grant of Real Property from the Fremont Union High School District of Santa Clara County to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution No. 10-196 Staff Report Draft Resolution Quitclaim Deed Page No: 71 13.Subject: Partial Quitclaim of Easement by Pacific Bell Telephone Company to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution No. 10-197 Staff Report Draft Resolution Partial Quitclaim of Easement Page No: 77 14.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10160 Lockwood Drive. Recommended Action: Adopt Resolution No. 10-198 Description: The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. Draft Resolution Quitclaim Deed Map Page No: 83 15.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10375 S. Tantau Avenue. Recommended Action: Adopt Resolution No. 10-199 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. Draft Resolution Quitclaim Deed Map Page No: 89 16.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-200 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 6 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency Draft Resolution Quitclaim Deed Map Page No: 95 17.Subject: Development Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-201 Description : The property owner of this residential development has agreed to construct improvements within the public right of way, which include street widening, construction of curb, gutter and sidewalk, and street light power undergrounding, as conditions of approval for the subdivision. Draft Resolution Agreement Map Page No: 101 18.Subject: Final Tract Map, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-202 Description: A resolution approving a Tract Map that subdivides an approximately 41,800 square foot parcel into five parcels ranging from 6,410 to 8,710 square feet in area. Staff Report Draft Resolution Map Page No: 116 19.Subject: Stormwater Management Facilities Operation and Maintenance Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-203 Description: The property owner of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. Draft Resolution Agreement Map Page No: 119 20.Subject: Stormwater Management Facility Easement Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-204 Description: The property owner of this residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. Draft Resolution Agreement Map Page No: 128 7 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 21.Subject: City Project, 2009 Tennis Court Re-Surfacing Project. Recommended Action: Accept Project No. 2009-07. Description: The work consisted of the mitigation of existing cracks, resurfacing of play areas and re-striping of play lines on a total of 28 tennis courts. Staff Report Page No: 138 22.Subject : Authorize application for grant funding for Stevens Creek Corridor, Phase 2. Recommended Action: Adopt Resolution No. 10-205, authorizing the application for grant funds from the Environmental Enhancement and Mitigation Program for Stevens Creek Corridor Phase 2, project 9136. Staff Report Draft Resolution Page No: 139 23.Subject: Receive City Manager's Annual Report 2009-2010 Recommended Action: Receive report Annual Report 2009-10 Final Draft Page No: 141 24.Subject: Consider Parks and Recreation Commission Work Plan for Fiscal Year 2010-2011 Recommended Action: Approve the 2010-2011 Parks and Recreation Commission Work Plan. Staff Report Page No: 187 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 25.Subject: Modifications to Use Permit U-2008-02 for an approved hotel by the Shashi Corporation Recommended Action: Consider approval of modifications to a previously approved Use Permit (U-2008-02) to reduce the amount of parking spaces including reductions (size and scope) in the restaurant/bar and conference areas, and eliminate the green building requirement for an approved 138-room hotel. Description: Application No: M-2010-07; Applicant: Dipesh Gupta (Shashi Corporation); Address: 10165 N De Anza Blvd. APN: 326-34-057 City Council Staff Report A. PC Resolution for M-2010-07 B. PC Staff Report for M-2010-07 dated 10/26/10 C. Approved Plan Set for U-2008-02 Page No: 189 8 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 26.Subject: Appeal of an approval of a wireless service facility on Results Way Recommended Action: Consider an appeal of a Planning Commission approval for a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave Yocke (AT&T); Address: Results Way (rear parking lot) APN: 357-20-042 Appeal Staff Report A. Appeal of U-2010-03, EXC-2010-04 and TR-2010-31 dated 9/28/10 B. Letter to Applicant, PC Reso # 6604 C. PC Meeting Minutes 9/14/10 D. PC Staff Report dated 9/14/10 E. SCC Sheriff's Letter dated 6/23/10 F. Photosimulations of monopine (3) G. AT&T Facility Alternate Sites Arial Map H. Communications from the TIC Commissioners I. Public Correspondence J. At&T Mobility Proposed Base Station (Site No. CN3242A/Results Way, Cupertino, California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10 K. Existing & Proposed Coverage Maps L. Commission-approved Plan Set Page No: 242 UNFINISHED BUSINESS NEW BUSINESS 27.Subject: Consider scheduling a Study Session on current Capital Improvements Program Projects. Recommended Action: Schedule a study session for November 16, 2010 at 5:00 pm. Staff Report Page No: 439 ORDINANCES 28.Subject: Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new waste management and recycling Recology Franchise Agreement. Recommended Action: Conduct second reading of Ordinance Nos. 10-2069 and 10-2070. Description: a. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; b. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition 9 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement. Staff Report Ordinance 10-2069 Ordinance 10-2070 Page No: 440 STAFF REPORTS 29.Subject: Report on the status of the Solar Power Purchase Agreement (SPPA) project. Recommended Action: Receive report and provide direction to staff. Description: The SPPA will allow the construction and purchase of renewable energy from carport photovoltaic arrays at City Hall, Corporation Yard, and the Quinlan Community Center. SPPA Staff report 11-1-10 Attachment A Attachment B Page No: 461 COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 10 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, September 21, 2010 ROLL CALL At 5:30p.m.,Mayor Kris Wangcalled the regular meeting to order in City Hall Conference Room A, 10300Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. INTERVIEWS 1.Subject:Public Safety Commission interviews Recommended Action:Appoint one applicant to a partial term ending Jan. 2012 Action:The City Council interviewed Clinton Brownley, Andy Huang, Stephen Hsiehand Fari Abergand concurred to appoint Andy Huangto apartial termending Jan., 2012. RECESS–The meeting recessed from 6:42 p.m. to 6:55 p.m. CLOSED SESSION -None PLEDGE OF ALLEGIANCE–6:55 p.m. Council Chamber At 6:55 p.m. Mayor Kris Wangcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.A moment of silence was held for former mayor Don Burnett. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CEREMONIAL MATTERS –PRESENTATIONS 2.Subject:Presentation by Santa Clara Valley Water District regarding Permanente Creek DetentionPond project Recommended Action:Receive presentation Description:Upcoming workshop with Rancho San Antonio neighbors 11 September 21, 2010 Cupertino City Council Page 2 Discussion:Director Patrick Kwok, representing District 5 ofthe Santa Clara Valley Water District,explained that the two goals of the Permanente Creek Flood Protection Project are to protect the community from flooding and to improve the natural environment and habitatfor creeks. He noted that the projectwas funded by Measure Bthat was approvedby residentsin 2000 and is good for 15 years. He said that the District would be sure to involve City staff and residents during the construction phase, especially regarding noise and traffic. He commented that the CityCouncil had expressed concern regarding theupkeep ofthe McClellan rechargeponds and he explained that the District had looked into the issue and the facility looks great. Mr.Saeid Hosseini, Senior Project Manager for the projectthatspansfrom Rancho San Antonio Park through Mtn. View, noted that this was the 4th update to the City Council. He made a PowerPoint presentation highlighting the following: 1) Project goals; 2) Proposed project; 3) McKelvey Park conceptual plan; 4) Cuesta Park Annex conceptual design; 5) Blach School conceptual plan; 6) Rancho San Antonio Park flood detention area; 7) Project schedule; 8)Next steps. He answered questions from Council. Action: The City Council received the presentationand no action was taken. 3.Subject:Presentation from the Housing Trust of Santa Clara County Recommended Action:Receive presentation Discussion:JessicaGarcia-Kohlmade a PowerPoint presentation highlighting the following: 1) What is the Housing Trust of Santa Clara County; 2)Why the Housing Trust was formed; 3) Why the Housing Trust remains relevant; 4) Housing Trust programs; 5) Housing Trust’s investment in Cupertino. She answered questions from Council. Action: The City Council received the presentationand no action was taken. 4.Subject:Recognition of Putnam Award given to the Cupertino Block Leaders by the League of California Cities Recommended Action:Recognizereceipt of award Discussion:City Manager Dave Knappexplained the City’s Block Leader Program. Community Relations Coordinator Laura Domondon Lee thanked everyonefor their support and participation in the program.Block Leader Fari Aberg thanked Ms.Lee. Action: Mayor Wang presented the award. POSTPONEMENTS-None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: Amended page from August 3 draft minutes, Item No. 5 Additional requested informationregardingthe Fiscal Strategic Plan Committee recommendations, Item No. 13 Letter from the Kahrizak Foundation, Inc. for the requested fee waiver, Item No. 15 12 September 21, 2010 Cupertino City Council Page 3 ORAL COMMUNICATIONS AnnSmart,Associate Director of the Silicon Valley Leadership Group, Margaret Randazzo, CFOof Westinghouse Solar, andSaratoga MayorKathleen Kinginvited everyone to the 6th annual Turkey Troteventon Thanksgiving Daybenefiting the Second Harvest Food Bank, the Housing Trust of Santa Clara County, and the Children’s Health Initiative. They explained about the 3rd annual Mayor’s Cup Challenge where participants from amongst Council and staff could gain points to win prizes for their city in four categories based on city population. Council member Mark Santoro explainedabout the AlertSCC.comsystemwhich was an opt-in program which alerted residents by phone in case of an area emergency.He encouraged all residents to sign up and noted that cards could be foundin the City Halllobby. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendaras recommended,includingItem No. 5 as amended.Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5.Subject:August 3, 17, and September 7 City Council minutes Recommended Action:Approve minutes Discussion:An amended page from the August 3 draft minuteswas distributed as written communication for this item. 6.Subject:Accounts Payable for period ending September 3, 2010 Recommended Action:Adopt Resolution No. 10-179 7.Subject:Accounts Payable for period ending September 10, 2010 Recommended Action:Adopt Resolution No. 10-180 8.Subject:Payroll for period ending September 3, 2010 Recommended Action:Adopt Resolution No. 10-181 9.Subject:Submit grant documents to the Department of Homeland Security for the purchase and installation of a portable emergency generator at City Hall Recommended Action:Adopt Resolution No. 10-182 Description:Authorize the City Manager or Administrative Services Director to finalize documentsfor a $300,000 grant to the City 10.Subject:Improvement Agreement, 10131 Santa Clara Avenue Recommended Action:Adopt Resolution No. 10-183 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) 13 September 21, 2010 Cupertino City Council Page 4 PUBLIC HEARINGS 11.Subject:Vacate a portion of city right-of-way on Stevens Canyon Road at 22621 Ricardo Road Recommended Action:The application for vacation has been withdrawn Discussion:Assistant Public Works Director Glenn Goepfert reviewed the staff report and explained that the applicant hadwithdrawn his application. Action:This item was tabled and no action was taken. UNFINISHED BUSINESS-None NEW BUSINESS 12.Subject:Review opportunities for future development on the Hewlett Packard(HP)campus located in the North Vallco Master Plan area. Recommended Action:Staff requests Council direction on future development on the Hewlett Packard campus and recommends that the Council authorize the analysis of additional retail allocation in the General Plan. Discussion:Community Development Director Aarti Shrivastavaexplained that Council had expressed an interest in discussingfuture development opportunities at the HP site. Staff provided inputin the staff report, and islooking for Council direction.She answered questions from Council. Jennifer Griffin said that she worked on the North Vallco Planning Committee formed several years ago and said that one general consensus from the committee was adesire to have high tech remain in the area.She saidthat Cupertino is a destination for such companiesand that this would be a great location acorporate headquarters. She encouraged Council to be flexible with the site and retain the potential for either industrial or techuse. She askedthat if retail is brought in, to considerthe traffic situation at the 280/Wolfe/Homestead intersection and also the Lawrence/Homestead/Kaiser Hospital intersection. Peter Pau said he has done many projects in the North and South Vallco areasand wanted to offer his personal opinion.He said he thought the interest of both the property owners and Councilcould be promoted and he looks forward to exciting projects happening in that area, whether he is involved in the projects or not. He answered questions from Council about his Main Street development. Kevin Dare said that he and Mr. Pauwere at the meeting to speakas good citizens. He offered a briefhistory of what they experienced whenwanting to develop in the South Vallco area.He explained thatat first there werea number of differing opinions and community input,but after they began to holdcommunity discussions, it becamemoreproductive and a strong, beneficialconsensus came out of that process.He noted that if they couldhelp at all in coordinatinga discussion in North Vallco, it would be a useful andunique opportunity. He answered questions from Council. 14 September 21, 2010 Cupertino City Council Page 5 Mahoney moved to authorize staff to work on a General Plan amendment to add up to 500,000 square feet of Citywide commercial allocation in the General Plan, amend the General Plan land use andzoning in the North Vallco area to allow large format regional commercial uses, authorize funding of up to $25,000to provide one Citywide notice for public input,and report back to Council in about three months. Wong secondedthe motion for discussion and offered a friendly amendment that if Council doesn’tauthorize any budget savings at tonight’s meeting, then themoney would come out of the Economic Uncertainty fund. Thefriendly amendmentwas accepted. Changoffered a friendly amendment to specifically look at large format regional commercial uses, and take public input on other possibilities. The friendly amendmentwas accepted.The motion carried unanimously. Council recessed from 9:25 p.m.to 9:35 p.m. 13.Subject:Fiscal Strategic Plan Committee Recommendations as a result of the Hewlett Packard relocation. Recommended Action:Adopt the Fiscal Year 2010-11 Fee Schedule;Pursue Educational Revenue Augmentation Fund (ERAF) Property Tax corrections with the State;Consider deferral/elimination of various CIP Projects for FY 2010-11 Description:CIP projects for consideration are: a. Reduce various Blackberry Farm Infrastructure Improvements ($75,000) b. Scale down the Radio Station Antenna Relocation ($10,000) c. Defer the Emergency Van Upgrade ($75,000) d. Defer Wilson Park Irrigation System Renovation ($150,000) e. Reduce various Park Path and Parking Lot Resurfacing, leaving $75,000 for safety issues ($175,000) f. Defer various Trail Resurfacing at School Fields ($125,000) g. Defer the Temporary Dog Park on Mary Avenue ($210,000) Discussion:Additional requested information regarding the Fiscal Strategic Plan Committee recommendations was distributed as written communication for this item.Administrative Services Director Carol Atwood reviewed the staff report and the handout. Jennifer Griffin commended the City for trying to find a way to ease the shortfall from the departure of Hewlett Packard from town. She was concerned about theCity spending $100,000to figureout what to do withHP,especially since it lookedlike some items might have to bedeferred.Council member Santoro clarified that the Council didn’t allocate $100,000, only $25,000 for noticing costsfor public meetings. Council asked questions from staff.City Attorney Carol Korade clarified that the items listed on the staff report as recommendations werenot action items,but directionto staff to bring back to Council at a later time. 15 September 21, 2010 Cupertino City Council Page 6 Action: Mahoney moved to put off item number 1 regarding the FY 2010/11 fee schedule and item number 3 regarding deferral/elimination of various CIP(Capital Improvement)projects for FY 2010/11as shown in the staff reportuntil the midyear budget adjustment, and pursue item number2regarding ERAF(Education Revenue Augmentation Fund)property tax corrections with the State). Wang seconded the motion for discussion. Santoro offereda friendly amendment to leave the CIP maintenance projects to the City Manager’s discretion to move forward with those projects as necessary. The friendly amendment was accepted. The motion carried with Chang voting no. 14.Subject:Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new Recology Franchise Agreement for waste management and recycling. Recommended Action:Conduct first reading of Ordinance Nos. 10-2069 and 10-2070 Description:a. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; b. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement Discussion:Assistant Public Works Director Glenn Goepfertreviewed the staff reportand suggested the following wording to clarify Section6.24.110about storing compost items: “Nothing contained in Section 6.24.070, Section 6.24.080 or this Section 6.24.110 shall prevent a property owner and/or occupant with control over any premises from keeping or maintaining compostable materials ina home composting bin designed and intended for home composting.Home composting materials and containers shall not be stored in public view.” Action:The Deputy City Clerk read the titlesof the ordinances.Wong moved and Mahoney seconded to read theordinancesby title only, and that the City Clerk’s reading would constitute the first reading thereofas amended with the additional languageto Section 6.24.110as recommended. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 15.Subject:Consider request for fee waiver by thenon-profit Kahrizak Foundation Recommended Action:Deny the request Description:The Kahrizak Foundation requests a waiver of rental fees for prior use of the Quinlan Community Center Discussion:Aletter fromthe Kahrizak Foundation, Inc. for the requested fee waiverwas distributed as written communication for this item.Parks and Recreation Director Mark Linder reviewed the staff report. 16 September 21, 2010 Cupertino City Council Page 7 Action:Wongmoved and Changseconded to deny the request for a fee waiver. The motion carried unanimously. 16.Subject:National League of Cities Annual Business Meeting December 4 in Denver, CO Recommended Action:Designate voting delegate and alternate Action:Santoro moved and Mahoney secondedto appointVice Mayor Wongas the voting delegate and Parks and Recreation Director Mark Linderas the alternate.The motion carried with Chang voting no. 17.Subject:Consider cancelling October 19 City Council meeting Recommended Action:Provide direction to staff Discussion:Council members discussed their upcoming schedules and whether the Oct. 19 meetingshould becancelled, since membersWang and Mahoney would be away on Oct. 19. City Attorney Carol Korade that3affirmative votes were needed to pass any businessitem exceptapproval of minutes and other routine items,which requireda 2-1 vote. Action:Wong moved to keepthe Oct. 19 meeting. The motion failed for lack of a second. Mahoney moved and Chang seconded to cancel the Oct. 19 meeting. The motion carried with Santoro voting no. ORDINANCES-None STAFF REPORTS-None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:00 p.m.the meeting was adjourned in memory of former Mayor Don Burnett. ____________________________ Grace Schmidt, DeputyCity Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, andalso on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 17 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 5, 2010 PLEDGE OF ALLEGIANCE At 6:53 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Mayor Wang began the Council meeting with a moment of silence in memory of Robert Hook, a fifteen-year employee with the city who recently passed away while on the job. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney and Mark Santoro. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS – PRESENTATIONS Mayor Wang re-ordered the agenda as follows: 2.Subject: Brief summary of Teen Commission's WOW (Walk One Week) program. Recommended Action: Receive summary report Discussion: Representatives from the Cupertino Teen Commission reported that 1,200 students from Cupertino elementary and middle schools participated in the event. It was promoted through videos on the City Channel, posters, banners and press coverage in the local papers, and the program had sponsorships, prizes, and a point system. For the November 2010 event they hoped to get 3,000 Cupertino Union School District students to participate and expand to include Santa Clara County schools. The Teen Commissioners thanked the Council for their support and asked for continued support such as introductions to the Council members’ contacts at school districts and local businesses. The City Council members suggested the Commission consider expanding the event to include Cupertino high schools, and to focus on the West Valley cities for expansion. Action: Council received the report and no action was taken. 18 October 5, 2010 Cupertino City Council Page 2 1.Subject: Celebrate California Arts Day, October 1, 2010. Recommended Action: Present proclamation Action: Mayor Wang read the proclamation, and the City Clerk said she would deliver it to the Fine Arts Commission since their representative was unable to attend the meeting this evening. POSTPONEMENTS - none WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: Powerpoint slides regarding Walk One Week (WOW) for students (item No. 2) Hold Harmless Agreement for 10161 Phar Lap Drive (item No. 7) Written statement about the Metropolitan Mixed-Use project from Darryl Lum (item No. 9) Staff’s Powerpoint slides regarding Metropolitan project (item No. 9) Email from Rhoda Fry with suggestions about moving forward on the Scenic Circle process (item No. 11) ORAL COMMUNICATIONS Dale Pollek stated his support of the Monta Vista High School sports field and lighting project and presented a petition of support signed by 150 residents. He said the project would provided a safe and accessible environment which could be used by all the high schools and the community. On another subject, he noted that the crossing guards, especially at Bubb and McClellan, were providing a safer environment for both students and adults. Steve Elich noted that the Friends of the Stevens Creek trail were putting forth several proposals. One of these was a trail along the Barranca/Belleville corridor, but the neighbors in the Homestead Villas subdivision were against this proposal. He said that Mary Avenue bridge should be the focus and a redundant trail was not a good idea. The proposal was a safety issue as their neighborhood had no sidewalks, no place for bicycles, and this trail would have a negative impact on their quality of life. He said they would submit a written petition at a later date. Darcy Paul, representing the Cupertino Chamber of Commerce, reminded Council of the upcoming Diwali Festival on October 9 and urged everyone to attend. He also noted that the Coffee Society’s lease renewal was coming up soon and the Chamber supported the renewal of that lease. 19 October 5, 2010 Cupertino City Council Page 3 CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 6 and 7 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3.Subject: Accounts Payable for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10-184 4.Subject: Accounts Payable for period ending September 24, 2010 Recommended Action: Adopt Resolution No.10-185 5. Subject: Payroll for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10-186 8. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10216 Pasadena Avenue Recommended Action: Adopt Resolution No. 10-189 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 6. Subject: Parcel Map, 10056 Orange Avenue Recommended Action: Adopt Resolution No. 10-187 Discussion: Assistant Public Works Director Glen Goepfert explained that this mixed use project was approved in 2007, the Planning Commission approved a tentative map to subdivide the mixed-use building into two commercial office units and one residential unit in 2009. The construction of this project was now complete and the parcel map should be approved because it was in conformance with the approved tentative map, and it was needed to define the condominium area. The City Attorney confirmed that parcel maps could be approved at the staff level by the City Engineer. Council members noted that no information had been included in the meeting packet on this issue and needed time to inspect the property before making a decision. Action: Mahoney moved and Wong seconded to continue this item to the first meeting in November. The motion carried unanimously. 7.Subject: Hold Harmless Agreement, 10161 Phar Lap Drive. Recommended Action: Adopt Resolution No. 10-188 Description: Assistant Public Works Director Glen Goepfert reviewed the recommended Hold Harmless Agreement language that was distributed at the beginning of the meeting. This language clarified that the agreement ran with the land. It was also noted that the city retained ownership of the land. He said that the owners had agreed to this condition. Action: Mahoney moved to accept the revised wording for item No. 7 as recommended by staff. Wong seconded, and the motion carried unanimously. RECESS The Council was in recess from 8:10 p.m. until 8:25 p.m. 20 October 5, 2010 Cupertino City Council Page 4 PUBLIC HEARINGS 9.Subject: Modification of an existing mixed-use development located at 19501-19507 Stevens Creek Boulevard (Metropolitan). Recommended Action: Consider a Modification to the Use Permit, Exception to the Heart of the City Specific Plan, and a Tentative Map for the Metropolitan mixed-use development. Description: Applications: M-2010-03, EXC-2010-03, TM-2010-03 (EA-2010-04) Applicant: Jane Vaughan (Cupertino Housing Partners, LLC) Location: 19501, 19503, 19505, 19507 Stevens Creek Blvd (Metropolitan), APN: 316-49- 009, 500 ft noticing radius. Application Summaries: Use Permit Modification (U-2003-04) to allow general commercial uses at an existing mixed-use project (Metropolitan) located at 19501-19507 Stevens Creek Boulevard;Exception to the Heart of the City Specific Plan to allow non-commercial uses to exceed 25% of the total building frontage along Stevens Creek Boulevard; Tentative Map to subdivide an existing ground floor commercial space into five commercial condominiums (Metropolitan). Discussion: Senior Planner Aki Honda stated that in the mixed use development was approved in 2003, and modifications were approved to convert the 107 residential units into condos in 2004. Currently there two existing retail condominium units on the site; commercial space in Building A is fully occupied and two of the three commercial spaces are vacant in Building B. In 2010 the Planning Commission recommended allowing up to a maximum of 60% of non-retail commercial uses in the 6,400 square foot commercial space and limiting the non-retail uses to Building B, and recommended denial of the tentative map to subdivide the commercial space into five commercial condominium units based on enforcement issues, maintenance issues, precluding the possibility of future retail uses and the inability to enforce the CC&Rs. Staff expressed their concerns about the parking issue and did not recommend going above 40%. Jane Vaughan, representing the developer, stated that they were reducing their request to allow retail with medical use in two units in Building B. This was a reduction from the 60% approved by the Planning Commission to down to 40%. She noted that when their project was originally approved they were expecting overflow from nearby development projects but those did not take place, so there is no synergy with neighboring retail or pedestrian traffic. She asked Council to acknowledge that the Department of Real Estate had approved five retail condominiums at this site, and noted that there had never been any discussion during the permit process or condominium map approval about limiting the retail condominiums to two. She said that the city should have stated the limitation at that time, not after the fact. Ms. Vaughan noted that when this project first came up, staff had given direction, per the Heart of the City and the General Plan, that housing and retail along Stevens Creek Boulevard would be preferred over office. She further commented on the parking issue and noted that maintenance would be taken care of under the CC&Rs. City Attorney Carol Korade stated that five retail condominium units had not been originally approved by the City Council and the recordation of such by the developer was incorrect. 21 October 5, 2010 Cupertino City Council Page 5 Dave Fan stated that he represented the dentist who hoped to locate his business in Building B. He was a local small business and believed this location would provide good exposure for his practice. Jennifer Griffin stated that the Stevens Creek Boulevard was an important retail corridor in the city and anything related to this location required careful thought. The landscaping along the Boulevard was important and on-street parking was not a good idea. Steve Scharf commented that when the condominiums were approved, part of the approval was for retail. He did not believe that a dentist’s office would increase foot traffic for the currently occupied retail stores, and felt that the Heart of the City plan should not be modified. Councilmember Santoro noted that this area was not particularly enticing to shoppers but modifications such as awnings, tree trimming, and signage there could be an improvement. He said that businesses such as dental offices tended to stay in a location for a long time which would preclude future retail opportunities. Councilmember Chang stated that this retail project had been in place for four years and was a failure. He supported taking steps to help the developer obtain a more successful retail area. Councilmember Mahoney agreed that this was not the best mixed use project. He concurred with Council members Santoro and Wong in not supporting the tentative map request and agreeing to no more than 40% of non-retail commercial use in Building B. Mayor Wang noted that retail vacancy was was a sign of the overall economy. If Council continually allowed exceptions to the Heart of the City requirements, it would it would turn out to be a futile effort. In her opinion this request did not just involve this small project but would be precedent-setting if approved. Vice-Mayor Wong stated that this was a small 6,400 square foot area and the Heart of the City plan did allow for an exception policy. He supported this local small business owner who wanted to move in and be a part of the community. Actions: Wong moved to approve the negative declaration (EA-2010-04). Mahoney seconded and the motion carried unanimously. Wong moved to approve a modification to the use permit (M-2010-03), and an exception to the Heart of the City Plan (EXC-2010-03), with the following conditions: 1.That the applicant may have 40% of the total as non-retail, restricted to Building B; 2.If the non-retail is going to be a medical office use, the applicant and City staff will work together to determine the correct parking count for surface level parking and underground parking. Mahoney seconded for purposes of discussion. The motion carried 3-2 with Santoro and Wang voting no. 22 October 5, 2010 Cupertino City Council Page 6 Wong moved and Mahoney seconded to deny the tentative map (TM-2010-03), and direct the applicant to work with staff to reconcile the Department of Real Estate (DRE) paperwork with the original approval, which gave them two condos. The motion carried 4-1 with Wang voting no. RECESS The Council was in recess from 9:53 p.m. to 10:08 p.m. PUBLIC HEARINGS (continued) 10.Subject: Update on the Green Building Ordinance. Recommended Action: Receive update. Description : Application: MCA-2010-04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance. Community Development Director Aarti Shrivastava noted that in January, 2010 Discussion: the City Council had authorized staff to proceed with developing a draft Green Building Ordinance, using the Phase II recommendations of the Santa Clara County Cities Association’s Board of Directors as a basis. Since then a city-wide notice was mailed, two focus group meetings had taken place and an educational workshop had been conducted by the Planning Commission. Staff was now reviewing all the participants’ comments and suggestions with the consultant and a draft ordinance was schedule to be presented to the Planning Commission on October 12. The ordinance was tentatively scheduled for Council review at a December meeting. Jennifer Griffin stated that she was glad the city was working on this ordinance as she believed it was important for the future of the city. She did however encourage the Council to not allow increased density and to protect the zoning while encouraging green building in the city. Action: No action was required. UNFINISHED BUSINESS - None NEW BUSINESS 11.Subject: Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park - Progress report Recommended Action: Adopt the mitigations for Scenic Circle access developed by Scenic Circle neighbors. Discussion: Parks and Recreation Director Mark Linder stated thatstaff had met with the Scenic Circle neighbors to address their concerns about this project and the following consensus had been reached: The existing gate would be removed; the new gate would be located between two houses on the northeast side of Scenic Circle, and would be locked when the park was closed; and a three-tiered parking approach was chosen. A Tier 1 sign 23 October 5, 2010 Cupertino City Council Page 7 would be posted on Scenic Boulevard at the neighborhood entry stating ‘no park parking beyond this point’ and parking would continue to be provided at Monta Vista High School during the Blackberry Farm pool and picnic season. If Tier 2 became necessary, it would would include the installation of permanent ‘residential zone – no park parking signs’ throughout the neighborhood and portable ‘no park event parking’ signs would be placed in the neighborhood on days of expected high use at the park. If Tier 3 became necessary, it would include consideration of a Residential Permit Parking program with a waiver of the standard fee for implementing the program. He said that litter, trash and recycling receptacles would be inside the park at locations not visible to the neighbors, and the city would provide daily litter pick-up. He also noted that the environmental clearance documents were now being prepared and would be available for a thirty-day review period. Award of the construction contract was expected to take place in early 2011 with completion of the new pathway and access by next summer. Ari Strod stated that he was a Scenic Circle homeowner and said he spoke for the majority of the neighbors who did not want a gate. He said that was the original decision, the trail from McClellan was available, and the parking by the gate would have a negative impact on their neighborhood. Carol Stanek stated her support of staff’s recommendations. She noted this discussion had been going on for some time and the community was looking forward to a resolution of the issue. She looked forward to the completion of the new pathway and access by next summer and to its availability for the next school year. Action: Mahoney moved that Council adopt the Scenic Circle Access mitigations developed by the Scenic Circle neighbors, with the exception that Council review the morning hours in conjunction with school hours, so that the park’s normal hours could be modified to work well with school hours. Chang seconded. The motion carried unanimously. 12. Subject: Report of vacancies on commissions and committees with terms expiring January, 2011. Recommended Action: Select application and deadline date of Wednesday, January 12 and set interview dates on Monday and Tuesday, January 24 and 25, 2011. Discussion: City Clerk Kimberly Smith noted that there were vacancies on Bicycle/Pedestrian, Fine Arts, Housing, Library, Parks & Recreation, Planning and Technology, Information & Communications commissions and committees. Interested individuals could download an application on the web site or call City Hall at 777-3200. Action: Council agreed with the recommended dates and directed that the Planning Commission interviews be conducted on Monday, January 24. They also encouraged the commissions and committees to select chairmen and vice-Chairmen in February instead of January, to facilitate a smoother transition. 13.Subject: Determine date to select new mayor and vice mayor. Recommended Action: Schedule for December 7. Description: No documentation in packet Action: Council agreed with the December 7 date. 14. Subject: Changes to the City Council meeting schedule through January 2011 24 October 5, 2010 Cupertino City Council Page 8 Recommended Action: Cancel the January 4 meeting Discussion: Action: Council agreed to not change the current meeting schedule, but would consider canceling the December 21 and/or January 4 meeting one meeting in advance if the agenda was light. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. These events included the Fall Festival, the Diwali Festival of Lights, the arrival of the Toyokawa Sister City delegates, and the current ‘Learn to Play’ exhibit at the Euphrat Gallery. ADJOURNMENT At 10:55 p.m., the meeting was adjourned in honor of City employee Robert Hook. ____________________________ Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 25 DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, October 12, 2010 PLEDGE OF ALLEGIANCE At 6:10 p.m. Vice-Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Vice-Mayor Gilbert Wong and Council members Barry Chang and Mark Santoro. Absent: Mayor Kris Wang and Council member Orrin Mahoney. CLOSED SESSION - None ORAL COMMUNICATIONS - None UNFINISHED BUSINESS 1.Subject: Approval of Parcel Map, 10056 Orange Avenue (item No. 6 from Oct. 5, 2010 Council agenda). Recommended Action: Adopt Resolution No. 10-187 approving a parcel map, Marci Properties, LLC, 10056 Orange Avenue, APN 357-17-133 Discussion: Action: Public Works Director Ralph Qualls explained that the Council had first discussed this item on October 5, and as a result of some confusion about the project, it had been continued. It was later learned that timing was critical on this project, so the special meeting was called. Qualls reviewed the history of the property and said that the lot line adjustment was approved in July 2009; a tentative map for Parcel 1 was approved by the Planning Commission in November 2009; a final map for Parcel 1 was approved by the City Council on September 2010; and staff has reviewed the final map and found it to be compliant with the tentative map approved by the Planning Commission. He explained that the original Monta Vista Tract Map was approved in 1917, and this discussion is about the original lot Nos. 20-22. He explained that a lot line adjustment is done to reshape property around different lot lines without creating new or additional parcels. In this case, the final parcel map is a requirement in a 2-step process to turn existing buildings into condos. It includes a statement which certifies that the map conforms to the 26 October 12, 2010 Cupertino City CouncilPage 2 original tentative map, that it complies with all the laws, and it is signed by the City Engineer. He explained that State law and the city’s municipal code allows final parcel maps to be approved by the City Engineer, but past practice has been to bring them City Council to create a more formal record. Mr. Terry Brown, the applicant, thanked the City Council members for calling the special meeting so that this important step could be completed for his application. He noted that when it was first discussed, the staff member handling it that evening did not know of the urgency. Chang moved and Santoro seconded to adopt Resolution No. 10-187. The motion carried with Wong, Chang and Santoro voting aye, and Wang and Mahoney absent. ADJOURNMENT At 6:20 p.m., the meeting was adjourned. ____________________________ Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Quitclaim Deed for the Grant of Real Property from the Fremont Union High School District to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action Adopt resolution. Discussion During the construction of the Mary Avenue Bicycle Footbridge it became necessary to reconstruct part of Caltrans’ sound wall on the High School’s property. This quitclaim deed for the grant of real property is approximately seven square feet and covers the area for the sound wall and footing. This grant of real property is necessary to complete the land transferred to the State of California when we finish the Right of Way transfer. This action is required to complete the Right of Way transfer to the State of California for the north footing of the Mary Avenue Bicycle Footbridge. It is required because the sound wall was reconstructed on school property. _____________________________________ Prepared by: Carmen Lyanugh Reviewed by: Terry W. Greene, City Architect Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution Quitclaim Deed 70 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED FOR THE GRANT OF REAL PROPERTY FROM THE FREMONT UNION HIGH SCHOOL DISTRICT OF SANTA CLARA COUNTY TO THE CITY OF CUPERTINO WHEREAS, the City Council of the City of Cupertino has accepted the quitclaim deed for the grant of real property from the Fremont Union High School District of Santa Clara County to the City of Cupertino due to the reconstruction of Caltrans’ sound wall for the Mary Avenue Bicycle Footbridge North tower. WHEREAS, The City of Cupertino will accept the quitclaim deed for the grant of real property, which is in good and sufficient form, granting to City of Cupertino, the real property, situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached hereto and made a part hereof, and WHEREAS, the City Manager has been authorized to sign any necessary documents to accept quitclaim deed for the grant of real property. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves said quitclaim deed for the grant of real property so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said quitclaim deed for the grant of real property. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 71 72 73 74 75 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Partial Quitclaim of Easement by Pacific Bell Telephone Company to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action Adopt Resolution. Discussion During the construction of the Mary Avenue Bicycle Footbridge it became necessary for Pacific Bell Telephone to relocate existing facilities. The existing facilities were located from an easement and therefore the existing easement is being partially quitclaimed to clear the land of this easement. This easement being partially quitclaimed is in an area that will be transferred to the State of California when we complete the Right of Way transfer. This action is required to complete the Right of Way transfer to the State of California for the north footing of the Mary Avenue Bicycle Footbridge. It is required because Pacific Bell Telephone Company has removed facilities and no longer need this part of the easement. _____________________________________ Prepared by: Carmen Lyanugh Reviewed by: Terry W. Greene, City Architect Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution Partial Quitclaim of Easement 76 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A PARTIAL QUITCLAIM OF EASEMENT FROM PACIFIC BELL TELEPHONE COMPANY, DBA AT&T CALIFORNIA TO THE CITY OF CUPERTINO WHEREAS, the City Council of the City of Cupertino has approved the partial quitclaim of easement from the Pacific Bell Telephone Company, dba AT&T California to the City of Cupertino due to the removal of their facilities in the easement at the Mary Avenue Bicycle Footbridge North tower. WHEREAS, The City of Cupertino will accept the partial quitclaim of easement, which is in good and sufficient form, quitclaiming to City of Cupertino, the easement over real property, situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached hereto and made a part hereof, and WHEREAS, the City Manager has been authorized to sign any necessary documents to accept the partial quitclaim of the easement. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves said partial quitclaim of easement so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said partial quitclaim of easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 77 78 79 80 81 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JEFF BAXTER AND ELENI BAXTER,10160 LOCKWOOD DRIVE, APN 342-14-110 WHEREAS, Jeff Baxter and Eleni Baxter, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 82 83 84 85 86 87 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KEITH WONG, 10375 S. TANTAU AVENUE, APN 375-08-024 WHEREAS, Keith Wong, has executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 88 89 90 91 92 93 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11-048 WHEREAS, Blaney Venture, LLC, a California Limited Liability Company, has executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 94 95 96 97 98 99 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11-048 WHEREAS, there has been presented to the City Council a proposed Development Agreement between the City of Cupertino and developer, Blaney Venture, LLC, a California Limited Liability Company, for the installation of certain municipal improvements at 790 South Blaney Avenue, and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 100 Resolution No. 10- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPERS:BLANEY VENTURE, LLC, A CALFIRONIA LIMITED LIABILITY COMPANY LOCATION: 790 SOUTH BLANEY AVENUE, APN 369-11-048 PART A Faithful Performance Bond: $ 62,300.00 110 2211 PART B Labor and Material Bond: $ 62,300.00 110 2211 PART C Checking and Inspection Fee: $ 3,115.00 110 4538 PART D Development Maintenance Deposit: $ 3,000.00 110 2211 PART E Storm Drainage Fee – Basin 3: $ 1,044.90 215 4073 PART F Street Light - One-Year Power Cost: N/A 110 4537 PART G Map Checking Fee: N/A 110 4539 PART H Park Fee - ZONE III: N/A 280 4083 PART I Reimbursement Fee: N/A 101 102 103 104 105 106 107 108 109 110 111 112 113 114 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Final Tract Map, 790 S. Blaney Avenue. Recommended Action Adopt Resolution. Description A resolution approving a Tract Map that subdivides an approximately 41,800 square foot parcel into five parcels ranging from 6,410 to 8,710 square feet in area. Discussion The subject parcel is located at 790 South Blaney Avenue, APN 369-11-048, which in turn is located at the northeast corner of the South Blaney Avenue and Clifford Drive intersection. On April 6, 2010, the tentative map for the 790 S. Blaney Avenue subdivision was presented to the City Council and was approved unanimously. The final tract map being presented here substantially conforms to the approved tentative map. A 10-foot wide right of way dedication along South Blaney Avenue and a 20-foot wide dedication along Clifford Drive have been required by the City. Additional subdivision improvements include the widening of Clifford Drive, construction of approximately 410 linear feet of curb, gutter and sidewalk along both South Blaney Ave and Clifford Drive, construction of a curb ramp at the northeast corner of the intersection, as well as undergrounding the overhead electric power to the existing street light on Clifford Drive.Onsite storm water improvements have been required, and consist of five separate detention/infiltration chambers (one for each parcel) that will help to prevent an increase of storm drainage runoff to the City storm drain system. The property owner has been required to grant ingress and egress rights to the City for the purpose of inspecting these storm water management facilities and will be required to operate and maintain the storm water management facilities in order to minimize adverse impacts due to changes in storm and surface water flow conditions. ____________________________________ Prepared by: Chad Mosley Reviewed by: Glenn Goepfert for Ralph A. Qualls, Jr., Director Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution 115 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TRACT MAP, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11- 048 WHEREAS, there has been presented to the City Council for approval and for authorization to record tract map located at 790 South Blaney Avenue, NOW, THEREFORE, BE IT RESOLVED THAT a.Said tract map is hereby approved. b.The City Engineer and the City Clerk are hereby authorized to sign said tract map. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Cupertino this 1st day November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 116 117 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11-048 WHEREAS, there has been presented to the City Council a proposed stormwater management facilities operation and maintenance agreement between the City of Cupertino and owner, Blaney Venture, LLC, a California Limited Liability Company, 790 South Blaney Avenue, APN 369-11-048, as described in Exhibit “A”, and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 118 119 120 121 122 123 124 125 126 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABLITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11-048 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easement agreement between the City of Cupertino and owner, Blaney Venture, LLC, a California Limited Liability Company, 790 South Blaney Avenue, APN 369-11-048, as described in Exhibits “A” and “B”, and said agreement having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 127 128 129 130 131 132 133 134 135 136 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject City Project, 2009 Tennis Court Re-Surfacing Project. Recommended Action Accept Project No. 2009-07. Description The work consisted of the mitigation of existing cracks, resurfacing of play areas and re-striping of play lines on a total of 28 tennis courts. Discussion The City’s contractor, Saviano Company, has completed work on the Sports Center tennis courts and the tennis courts at Memorial, Monta Vista and Varian Parks. A total of 28 courts were improved. _____________________________________ Prepared by: Roger Lee, Assistant Director, Maintenance Reviewed by: Glenn Goepfert, Assistant Director, Engineering Approved for Submission by: David W. Knapp, City Manager Attachments: 137 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Authorize application for grant funding for Stevens Creek Corridor, Phase 2. Recommended Action Adopt a resolution authorizing the application for grant funds from the Environmental Enhancement and Mitigation Program for Stevens Creek Corridor Phase 2, project 9136. Discussion The State of California legislature enacted AB 471 which provides grant funds to public agencies and nonprofit entities for projects that will enhance and mitigate the environmental impacts of new or modified public transportation facilities. The Environmental Enhancement and Mitigation Program is intended to provide up to $10 million annually for 10 years. The California Natural Resources Agency establishes the criteria and procedures for reviewing grant applications submitted under this program. The procedures require that a resolution be submitted which certifies the approval of the grant application by the applicant’s governing body. The Natural Resources Agency reviews grant applications, and prepares a list of recommended projects for consideration by the California Transportation Commission (CTC). The CTC selects the projects that will receive grant funding from the list. The selection process is expected to conclude in March 2011. Sustainability Impact Implementation of Phase 2 of the Stevens Creek Corridor project is consistent with the City’s sustainability goals. The added length of trail would expand pedestrian and bicycle alternatives to motorized travel. Fiscal Impact There is no fiscal impact for the recommended action. If the grant application is successful, additional State funding would become available for the project. _____________________________________ Prepared by: Gail Seeds Reviewed by: Mark Linder, Parks and Recreation Director Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution 138 RESOLUTION NO. 10-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR STEVENS CREEK CORRIDOR PROJECT, PHASE 2 WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Natural Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Natural Resources Agency require a resolution certifying the approval of application by the Applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the Applicant must comply with; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino 1.Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2.Certifies that said Applicant will make adequate provisions for operation and maintenance of the project. 3.Appoints David Knapp, City Manager, or his designee the Director of Public Works, as agent of the City of Cupertino to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk, City of Cupertino Mayor, City of Cupertino 139 140 141 142 143 144 145 146 147 148 Annual Report FY 2009-10 November 1, 2010 Parks and Recreation Department There are four divisions within the Parks and Recreation Department. They include the Senior Center, Youth and Teen Division, Sports and Fitness Division, Blackberry Farm/ Quinlan Community Center/Special Events. The following are highlights from last year. Administration The Cupertino Parks and Recreation Department aligns its programs and activities to the department’s vision, mission, values, and outcomes. The department vision is “A Positive, Healthy, and Connected Community”. This vision is what we hope will be the result of our efforts in our community. Our mission, or how we will work to achieve the vision is, “The City of Cupertino Parks and Recreation Department is committed to provide opportunities, resources, and services to the community to enhance the quality of people’s lives through recreational, educational, and cultural experiences”. The department’s core values are Community, Quality, and Trustworthiness. Our outcomes are: Healthy Community Creative and Playful Community Well Educated Community Connected and United Community Fiscally Responsible Organization The department’s operating budget for Fiscal Year 2010-2011 is $8,931,083. 70% of our operating budget is recovered through program fees. We want to increase this cost recovery to 75% over the next three years. The programs and budget by outcome are as follows: Healthy Community $3,304,777 Program examples include Blackberry Farm Golf Course, Cupertino Sports Center, Tai Chi, Senior Center Blood Pressure and care giver support, Sports and Fitness Lap Swim Creative and Playful Community $2143,460 Program examples include Summer Camps, Recreational Swimming at Blackberry Farm Park, Adult Dance, and Play Reading for Fun at the Senior Center Connected and United Community $1,652,250 \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 10 of 37 149 Annual Report FY 2009-10 November 1, 2010 Program examples include Community Service Camps, Festivals support, Friendly Visitor Program, Senior Trips, and Senior Case Management Well Educated Community $1,428,973 Program examples include Pre-School classes, English as a Second Language classes, After School Enrichment programs, Summer School, and Personal Computer classes for Mandarin speakers. Fiscally Responsible Organization $357,243 Highlights for Fiscal Year 2009-2010 Completed the community discussion on off leash areas for dogs. City Council voted to build a fenced dog park on Mary Avenue Worked with Public Works and the Stocklmeir Task Force to design the Stevens Creek Corridor Trail Phase 2 Evaluated the first year of Blackberry Farm operations and made adjustments to reduce the impact on the surrounding neighborhood including reducing maximum daily capacity from 800 to 525. Added a large slide at the Blackberry Farm swimming pools. Worked with Public Works to clean up the Simms property including improved signs. Reopened a renovated ball field at Memorial Park Completed the new tennis court lights and the resurfacing of the tennis courts at the Cupertino Sports Center Kicked off the Helping Hands volunteer program to keep McClellan Ranch, Stevens Creek Corridor Trail, and Blackberry Farm Park clean and free of invasive plants. Expanded summer school offerings for high school students Worked with Public Works to turn the Quinlan Fountain into the Quinlan Terrace. Continued to grow the multicultural activities at the Senior Center Worked with Public Works to complete the new Sterling/Barnhart Neighborhood Park. Rebranded the Senior Trips program to focus more on the educational experiences resulting in an increase from 70% of capacity to 95% of capacity. Worked with World Journal organizers, the Cupertino Rotary, and immediate neighbors to improve the World Journal Festival experience for attendees and neighbors Worked with a committee representing business, service organizations, and school districts to rework Leadership Cupertino to Leadership 95014. New program launched in September 2010 Fiscal Year 2010 – 2011 Projects \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 11 of 37 150 Annual Report FY 2009-10 November 1, 2010 Work with Public Works to secure grant funding for a new Environmental Education Center at McClellan Ranch Park Work with Administrative Services to better organize the Cupertino volunteer program Continue the Helping Hands volunteer program and make adjustments based on the initial year of operation. Launch Leadership 95014 Work with Anderson Brule Architects and Public Works develop a facility strategic plan for updating Quinlan Center Install new irrigation for the Blackberry Farm Golf Course replacing the existing 40 year old system Reactivate the wells at Blackberry Farm Golf Course Work with Fremont Union High School District to offer Cupertino programming of the new sports fields when not in use by the school district Evaluate the Cupertino Parks and Recreation Summer programs to be sure the programs meet the needs of the community, improve marketing and communication about the program offerings, and remain competitive Work with Public Works to address the geese and duck problem at Memorial Park Add irrigation to the Stocklmeir Farm orange groves Work with Public Works to provide access to Blackberry Farm Park from the west side of the park Parks and Recreation Commission The Commission consists of five members appointed by the council to four-year, overlapping terms. The Commission advises the City Council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. In June 2008, the Commission also began studying options for an off-leash dog policy. In October 2008 and February 2009, the Commission and Staff, facilitated a community discussion on off-leash areas for dogs. In April 2009, the Commission gave their recommendations to the City Council. The Commission also addressed the operating policies for Blackberry Farm Park. The Commission has been working on the issue of the geese and ducks at Memorial Park. Teen Commission The Teen Commission is comprised of nine members serving overlapping two year terms. The Teen Commission advises the Council on youth and teen issues. In 2009-2010 the Teen Commission led the effort to encourage more middle and elementary school students to walk or bike to school through the Walk One Week (WOW) program. The Teen Commission provided significant input on the new Teen Room at the Cupertino Library. The Commission also did a number of community service projects. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 12 of 37 151 Annual Report FY 2009-10 November 1, 2010 McClellan Ranch Park The completion of the first segment of the Stevens Creek Trail and the addition of park benches along the trail has given the community new ways in which to enjoy the nature preserve. Nearly 4000 elementary school children, preschool, kindergarten, high school and De Anza College students participated in the creek education program an increase of more than 2000 from the prior year. There were 2751 participants in Community Nature and Environmental Education programs. Volunteers working at McClellan totaled 220 this past year. The Rolling Hills 4-H Club, UC Cooperative Extension Master Gardeners, and the Santa Clara Valley Audubon Society continue to be valuable partners to the ranch experience. The Santa Clara Valley’s Wildlife Education Day attracted 600 participants to their annual event. The Community Garden program remained popular with over 68 plotsreserved and a waiting list for new gardeners. The naturalist continues to work with volunteers on park improvement and restoration projects. Quinlan Community Center There were 272 Quinlan Community Center rentals in the last fiscal year, generating $73,630. Community Hall had 122 rentals, generating $18,582. The 88 rentals for Memorial Park facilities generated $5,640. Linda Vista Park was rented 62 times, generating $3,880. And 68 rentals for Portal Park produced $4,010 in revenue. At Blackberry Farm Park, there were 266 rentals generating $38,125 Special events include: Cherry Blossom Festival, World Journal Festival, Fall Festival, Diwali Festival, Ikebana and the Iranian Federated Women’s Club event. Summer events at Memorial Park included: Cinema at Sundown, Summer Concert Series and Shakespeare in the Park. These are all widely supported by the community. Senior Center This area provides services for people aged 50 and over, including recreational activities, social services, educational programs and information on health insurance, immigration, housing, and other issues of interest. The Senior Center annual membership is at 2243 members. Aging Baby Boomers (50-62 year olds) make up 24% of the membership. The Junior Mature group (63-71 years old) makes up 31% of the membership and the Senior Mature group (72 years plus) makes up 45% of the membership. Educational Programs and Recreational Activities More than 56,600 senior participants attended classes, socials, special events, and trips offered by the Senior Center. Services for Seniors The purpose of the Case Management program is to connect seniors with community resources that can help them remain independent and safe in their own homes. The Case Manager has provided services to 90 homebound seniors. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 13 of 37 152 Annual Report FY 2009-10 November 1, 2010 There were seven Friendly Visitors visiting homebound seniors once a week to provide socialization, monitoring, and safety checks. This group of volunteers recorded an estimated 450 hours. Telephone Monitor program volunteer continue to call homebound and at risk seniors to provide safety checks. Senior Adult Legal Aide serves 180 seniors annually. Health Insurance Counseling and Advocacy Program provides assistance at the senior center twice per month, and Housing Consultation program continues to be well utilized. There are also four volunteer registered nurses who rotate to come to the senior center weekly and provide free blood pressure checks to over 480 seniors annually. Caregiver Support Group is held once per month. Volunteers The Senior Center greatly benefited from 218 Senior Center member volunteers. The different opportunities for volunteers include front desk, translation and interpretation, hosting, instruction, kitchen crew, performing groups, newsletter, special events, and social services. These volunteers logged 18,054 volunteer hours this year. The Senior Center Desk Volunteers and the Rhythmnaires Band were CREST Award recipients in 2010. Sports and Fitness Division The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past year, 7,100 tennis lessons were given to youth and 900 lessons to adults. The Sports Center enjoyed a successful year offering a variety of fitness classes and team programs. Revenue generated was in excess of $1,600,000. The Summer Learn to Swim Program provided instruction to approximately 1,800 participants during the summer with revenue of $149,900. There were over 1,300 participants in the youth gymnastics classes. Adult Dance and Fitness, Aerobics, and Yoga had over 3800 participants and generated $93535 in revenue. Youth Dance and Fitness had 1117 participants and generated $81,702 in revenues. There were close to 4,000 youth participants and close to 100 adults in the sports-related contractual classes. The Monta Vista Recreation Center continues to be utilized by many co- sponsored clubs, gymnastics classes and pre-school classes. In April 2010, the Big Bunny Fun Run had over almost 600 participants and this year, was nominated for the Governor’s Council on Physical Fitness and Safety Committee Award. The winner will be announced in mid-September. The Big Bunny Fun Run generated a profit of $2,574. Blackberry Farm Golf Course The contractual maintenance of the golf course continues to be outstanding with many customers expressing their satisfaction on the condition of the course. The golf course accommodated over 43,000 rounds of golf last fiscal year generating over $580,000. Youth/Teen Division Summer Camps Currently, the Youth/Teen division offers five employee-run camp programs for youths, 18 mo- 12 years. Summer 2010 had 908 participants enrolled in the camp programs, which have \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 14 of 37 153 Annual Report FY 2009-10 November 1, 2010 generated $120,261 in revenue. Staff is evaluating current program offerings and will make adjustments to increase revenue in 2011. The City offers a variety of contractual camps in addition to our staff run camps. The contractual camps generated $433,000 in revenue. Playground Program There were 106 youths registered for the drop-in playground program, which is offered at three playground sites: Creekside Park, Portal Park, and Memorial Park. This is the sixth year in which a registration fee is being charged for residents and non-residents to participate in this program. $13,935 has been generated in revenue in 2010. After School Enrichment Program TheAfterschool Enrichment program offered classes in the areas of: art, music, foreign language, science, karate, sports, dance, chess, math, theater, public speaking and debate. The total number of participants for the year was 1388. The total annual revenue generated for the program was $224,010. Teen Programs The Teen Center has maintained its level of service and there are 488 teens registered at the Teen Center. Activities at the center include: air hockey, Play Station 2/Nintendo Wii games, Foosball, pinball, movies, pool, and a computer lab composed of 5 PCs. The Teen Commission also worked in partnership with West Valley Community Services to gather holiday gifts for local teens for the second year. In 2010, the summer Leader in Training Program had 35 participants. An all-day teen camp, Club 2010 had 37 participants. Cupertino Parks and Recreation Department and Fremont Union High School District partnered to offer a College Planning Workshop and a College Essay Workshop for high school students, which had a total enrollment of 251 students. The 2010 summer Cupertino Community Service camp had 57 participants. The camp provided a day of volunteer service at a number of sites including the Cupertino Library, Cupertino Senior Center, and one of the County parks. Preschool Programs The summer pre-school programs prepare students for independent pre-school. In summer 2010, there were 452 participants in the pre-school programs generating $26,078 in revenue. The Preschool program is offered to 3-5 year old students at two locations: Quinlan Community Center and Monta Vista Recreation Center during the months of September-June. Kindergarten readiness activities are included in the curriculum: arts and crafts, music, motor movement, science and nature, group games, sharing, cooking and more. The Preschool program serves an average of 127 students per session. Students generally register for all three sessions during the school year. The program generated $252,800 in revenue. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 15 of 37 154 Annual Report FY 2009-10 November 1, 2010 Public Works Department The Public Works Department provides services in three program areas: Engineering: general municipal engineering of infrastructure, traffic engineering and signal systems operations and maintenance for 55 fully actuated traffic signals, architecture, and development review. Capital Improvements: This year saw completion of the design and construction of capital projects including the close out of the Mary Avenue Pedestrian Footbridge, Stevens Creek Corridor Project which included work at Blackberry Farm and McClellan Ranch, some Park renovations and other like facilities. Also completed this year was the Sterling Barnhart Park and the Quinlan Center trellis project. In addition, increased effort in Street maintenance projects of over $3 Million. Several traffic signal modification projects, and a number of facilities upgrades that had been deferred for several years, including the retrofit of a filtering system for the Community Hall fountain are other highlights of the Capital Improvement Program (CIP) in 2009-2010. Environmental Management: includes management of environmental programs including the $7.0 million annual solid waste contract. The successful negotiation of a new solid waste contract with Recology Inc. was approved by City Council May 18, 2010. The program includes processing storm water runoff permits and recycling of waste materials. Currently there are five managers and 10 staff professionals responsible for these three programs and their workloads. In addition, the Department operates the Municipal Service Center and provides maintenance services through four Divisions associated with: Facilities: maintenance of all City owned facilities including such major buildings as City Hall, the Library, Quinlan Center, and the Senior Center, along with the Creekside, Monta Vista and Wilson Park Recreation Centers and other smaller facilities. Grounds: maintenance of all parks and grounds, including Memorial Park and ten neighborhood parks, as well as 52 acres of school playgrounds and related facilities. Streets: maintenance of all streets, facilities and equipment in the public right of way, including almost 450 lane miles of public streets, all sidewalks, curbs, gutters, signs and markings, the storm drain system, over 13,000 street trees and approximately 32 acres of median and overpass landscaping. General Services: maintenance and installation of over 3,250 streetlights, 155 pieces of motorized or wheeled equipment, 200 power tools, the maintenance of the entire service center yard including storage of materials and hazardous waste and material disposal. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 16 of 37 155 Annual Report FY 2009-10 November 1, 2010 Community Development Department The Community Development Department provides services in four program areas. Planning– responsible for the long range and current planning functions of the City. The collection of long-range planning documents establishes the policy structure directing growth and change in the City. The current planning function implements the long-range policy structure through design and land use reviews of proposed development applications. The current planning function also includes building plan checking, temporary and permanent sign permit issuance, business license reviews, and zoning code enforcement. The division also monitors federal, state and regional issues to ensure that the City complies a seemingly endless stream of new mandates and implements up-to-date standards to address emerging development needs and trends. Building- safeguards the health, safety and welfare of residents, workers and visitors to Cupertino by effective administration and enforcement of building codes and ordinances adopted by the City, and by providing field inspections, plan checking and public information services related to construction. Housing - responsible for administering the City’s federally funded Community Development Block Grant (CDBG) Program; administering the Below Market Rate (BMR) Program; overseeing of the tenant/landlord conciliation/mediation contract; and promoting the construction of affordable housing units. Economic Development/Redevelopment - responsible for business attraction, retention, support to local businesses, project facilitation and regional and community coordination. The function also provides oversight of the Redevelopment Agency. The department supports six committees and commissions including the City Council, Planning Commission, Design Review Committee, Housing Commission, Environmental Review Committee, and the Economic Development Committee. Additionally, the department supports other City departments by providing development and environmental reviews for City initiated projects and the Capital Improvement Program. Planning Commission The Planning Commission consists of five residents appointed to alternating four-year terms by the City Council to hear and make recommendations on all advanced planning policy documents and current planning applications described in the following sections. Following are highlights from 2009-2010: Planning Division The number of planning applications increased by approximately 17% from 139 in FY 2008- 2009 to 162 applications in FY 2009-2010. This includes residential design review of 35 single- \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 17 of 37 156 Annual Report FY 2009-10 November 1, 2010 family residences. The above application numbers do not account for preliminary or other ancillary reviews associated with current planning. The Planning Division worked on the following major projects: “Main Street Cupertino” - Approval of the Mixed-use project for a 17.4 acre site at Stevens Creek and Finch to include lifestyle retail, hotel and fitness club, office space and senior/age restricted housing. Homestead Square (PW Market) - Approval to demolish 96,000 square feet of existing commercial space and the construction of 147,000 square feet of new commercial space at an existing shopping center. Sign Ordinance Update - in an effort to reduce exception applications and provide more business friendly standards. Historic Preservation/Commemorative Policy update Wireless Communication Ordinance update Water Efficiency Landscape Ordinance Heart of the City Specific Plan update Green Building Ordinance (ongoing) Development permit process (ongoing) Building Division Building staff processed and plan checked 1,946 building permit applications compared to 2,098 in FY 2008-2009 (a decrease of 9%). The Building Division conducted 16,602 building inspections in FY 2009/10 compared to 18,463 in FY 2008-2009. This decrease reflects the impact of current economic conditions. Building valuation was $183 million in FY 2009/10 compared to $222 million in FY 2008- 2009. Housing 2007-2014 Housing Element - The Housing Element, which was certified by the State Department of Housing and Community Development in June 2010, shows the City’s plan to accommodate the Association of Bay Area Government’s (ABAG) Regional Housing Needs Allocation (RHNA) of 1170 units. Community Development Block Grant (CDBG) Program - For the 2009/10 fiscal year, the City’s entitlement was $390,930 with an increase for 2010-11 to $422,719. In May 2010, the City Council awarded funds to support public service activities such as senior adult day care, legal assistance for seniors, housing placement for the low and very-low income, and a rotating homeless shelter. Housing Programs - Implemented the 2009/2010 Community Development Block Grant (CDBG) Program Adopted the CDBG Citizen Participation Plan \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 18 of 37 157 Annual Report FY 2009-10 November 1, 2010 Adopted the 2010-15 Consolidated Plan Awarded CDBG sub-recipient grants for the 2010-2011 program year Redevelopment/Economic Development The following update encompasses both 2008-2009 and 2009-2010 fiscal years. Facilitated high priority projects at Vallco Mall (formerly Cupertino Square) and the South Vallco area. Following a year-long legal dispute beginning in 2008, and subsequent foreclosure of the mall, new investors took control of the mall in 2009. Several important mall improvements have taken place during this time period including the opening of the food court, the re-opening of T.G.I. Fridays (which had closed abruptly in December 2008). The Rosebowl project broke ground in August 2009. Redevelopment activity awaits more substantial tax increment (TI) dollars. The modest TI received to date has been beneficial since all Redevelopment Agencies have faced significant raids from the State of California. Revenues showed a boost with the delayed County Assessor’s reporting of the sale of the Rosebowl and out-parcel properties. An indepth redevelopment presentation was made to City Council in May 2009. Retail Recruitment/Retention - There were 27 new retail leases in 08-09– a 35% increase from the previous year. The addition of Staples filled a long-time void in the office supply category. Leases in 09-10 paralleled this success with 28 new businesses including local favorite, Aqui restaurant. Staff provided support to the Cupertino Restaurant Association including: distributed dining guide City-wide through the Scene, leveraged cooperative advertising opportunities on KLIV AM-1590, and at the AMC Cinemas, hosted educational seminars “Survive and Thrive” and “Restaurant Bootcamp”, and helped West Valley Community Services launch the “Taste of Compassion” dining program. Development Facilitation - Staff provided support to South Vallco Master Plan process Staff served as key point of contact with Apple and HP on numerous projects and helped new tenants such as Panasonic to establish their operations in Cupertino Staff assisted with Lane Partners purchase of Symantec’s buildings at Stevens Creek and Torre – the largest office building sale for 2009 in Silicon Valley at over 300,000 square feet Staff advised on numerous retail center expansion projects and tenant build-outs including Homestead Square and The Learning Game Branding/New Business Outreach - Staff continued to enhance web presence, and created new commercial district maps to help with retail recruitment Staff produced “Cupertino Commercial News” – and increased circulation to over 1,000 Frequent guest speaker/panel presenter in the Local Community and Real Estate industry \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 19 of 37 158 Annual Report FY 2009-10 November 1, 2010 Development Policy - Initiated Temporary Sign Ordinance Amendment to encourage well designed, pedestrian oriented signage and Sign Ordinance Update to provide more flexibility for businesses Advised on Heart of the City, General Plan Office Allocation increase, Housing Element, Green Building Ordinance, and the Development Process Review Regional & Community Coordination - Silicon Valley Economic Development Alliance (SVEDA) – elected as Chair NOVA Connect Center – new NOVA business liaison has linked businesses to summer youth employment programs Chamber of Commerce and Asian American Business Council – created a Mandarin class for potential business owners (held in October, 2009 and February, 2010) Created a “green business track” for the 2010 Growing Green Community Congress featuring the County’s Green Business Program and a session on Green Jobs by NOVA Economic Vitality - Mailed 197 New Business Welcome Packages in 2008 and 2009 Oversight of Housing and CDBG Programs Helped numerous businesses with specific needs/issues - Created opportunity for Cupertino businesses to compete for catering operations at Blackberry Farm through RFQ and RFP process \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 20 of 37 159 Annual Report FY 2009-10 November 1, 2010 Sheriff’s Department The principal mission of the Sheriff’s Office West Valley Division is to protect life and property. The Sheriff’s Office is dedicated to the preservation of public safety by providing innovative and progressive services in partnership with the community. Criminal Activity In FY 09/10, the City of Cupertino experienced a decrease in crimes against persons, most of which were cases involving assaults. There was an increase in the number of Rapes and Robberies reported during the year. The decrease in the number of overall reports of crimes against persons is partially due to the increased efforts to involve and make the community aware of circumstances that help to protect them against behavior that can lead to assaultive behavior. The increased activity and awareness on the part of the deputies assigned to work in the City, is a contributing factor to the decline in crimes against persons. The community has been responsive to the information and suggestions made to prevent placing themselves in positions that could be harmful. The Sheriff’s Office has continued efforts to work with students and schools to provide additional awareness and education to help resolve and prevent opportunity for criminal behavior, but it is also the participation by a number of groups within the community that has helped to reduce crimes against persons. Programs provided by the School Resource Officers, as well as the School Enforcement Deputy, have contributed to the decrease as well. Sheriffs continue to provide education on awareness and how to better prepare for a robbery to any bank, or institution that would be subject to this type of event. Deputies work with staff and management to educate them on signs to be aware of, how to react in the event that a robbery takes place, and what to expect when the Sheriff’s Office arrives on scene. Robberies are on the rise due to the economy. Cupertino has seen a 38% increase in robberies. It should be noted that robberies are not just related to banks, but also persons. If someone removes or takes an item from a person or store, and there is force used to accomplish the final act, this is also a robbery. Person Crimes FY 08/09 FY 09/10 Change Homicide 1 0 -1 Rape 3 7 +4 Assault 57 38 -19 Robbery 13 18 +5 Domestic Violence 67 79 +12 TOTALS 74 63 29 The number of reported rapes for FY 09/10 increased. There were two incidents that occurred that were a result of people meeting at an event and then deciding to go together to another location. Once at the location, the sex act took place while all parties involved were extremely intoxicated. The other five events occurred as a result of a prior dating relationship where the parties knew one another, and the act was a result of one party not understanding that the relationship had ended. None of the incidents reported during the year were a result of an unknown suspect stalking and attacking victims randomly in the City. The Sheriff’s Office will be providing educational programs in the schools to help address some safety concerns for \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 21 of 37 160 Annual Report FY 2009-10 November 1, 2010 students and situations that could put them at greater risk. We hope that through the additional education that we can help those that may be placing themselves in positions of risk to better recognize this, and provide means to reduce the likelihood of being victimized. Property Crimes In FY 09/10 property crimes (burglary, theft, auto theft, and identity theft) showed a decrease overall. Burglaries were the only property crimes this year that increased. There was a decrease in thefts, including Identity theft. This is actually a testament to the visibility and proactive approach being taken by the Sheriff’s Office. Due to the recent economic trends, property crimes have been on the rise in almost all cities throughout the county. Cupertino is experiencing its share of property crimes, but the trend, as shown below, has not been tremendously out of the norm from recent years given the recent trends. Identity theft is still the unknown crime that has a number of outside influences that make it difficult for prevention. The Sheriff’s Office has made many efforts to provide education on ways to better secure your identity, and preventative measures to be taken at both home, and in the community. We have also provided more feedback and outreach to the community this year to help make residents aware of the trends, especially those related to property crimes. We are hoping that further educational opportunities and involvement of the community will help to bring the number of identity theft incidents down over the next couple of years. Property Crimes FY 08/09FY 09/10Change Burglary 511 527 16 98 281 183 Theft Auto Theft 51 51 0 Identity Theft122 86 36 965 847 TOTALS118 There were a number of residential and auto burglaries throughout the year. The numbers did go up marginally. The Sheriff’s Office has been very proactive in their efforts to be visible in residential and commercial areas. Detectives have also continued to actively pursue the incidents that have occurred, and several arrests have taken place. Again, the economy has contributed to these types of incidents since property crimes are primarily crimes of opportunity. The Sheriff’s Office will continue to work with the community on educational programs to help protect them from becoming a victim of these types of incidents. It is only with the combined efforts of law enforcement and the public that we will continue to maintain control over these incidents. The Sheriff’s Office now has a criminal analyst in place, thanks to the support of Cupertino, which can provide further assistance in identifying criminal trends, especially related to burglaries. This information can then be shared with the patrol divisions to monitor and patrol areas for suspicious activity. Traffic Activity In FY 09/10, there were 812 accidents. This is an increase of 56 collisions from the previous year. The traffic units have consistently worked to address accident related violations throughout \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 22 of 37 161 Annual Report FY 2009-10 November 1, 2010 the City, with a special concentration around the schools. There was an effort made this fiscal year to address more of the red light and moving violations that contribute to many of the accidents, especially in the area of the schools. These efforts were reinforced with the grants that were obtained to put out additional units to provide the directed enforcement. The overall citations issued decreased by 199 citations. There were efforts put forth to enforce the new vehicle code violations for cell phone use. This accounts for a large part of the increase in citations in the area of non-moving violations, 468. Cell phone violation citations do not count as a moving violation for DMV. We did obtain an additional grant this year to conduct red light enforcement. Traffic Collisions FY 08/09FY 09/10Change Fatal 0 3 3 Injury 128 150 22 Property Damage 628 659 31 TOTALS 756 812 56 Pedestrian Involved Accident 4 5 1 Bicycle Involved Accident 7 8 1 TOTALS 11 13 2 Traffic Citations Issued FY 08/09FY 09/10Change Moving Citations 7154 7196 42 Speed Citations 2222 1403 819 Non-moving Citations 5547 6015 468 TOTALS 14,823 14,614 199 Response Times FY 08/09 FY 09/10 Response Times Response Times Avg Time# of Calls Avg Time# of Calls Priority 1 3.52 125 3.89 164 Priority 2 5.76 5090 5.86 5,169 Priority 3 9.23 5332 9.26 4,929 Overall Avg 6.1710,547 Avg 6.3410,262 The Sheriff’s Office responded to 10,262 calls for service during FY 09/10. This was a decrease of 285 calls for service. We have continued to strive to meet our goals with the City of five minutes for Priority 1, nine minutes for Priority 2, and twenty minutes for Priority 3 calls. As can be seen from the above numbers, we came in well under the goals set for Priority 1, 2 and 3 calls for service. The additional units that have been out assisting to enforce the number of property crimes and maintaining visibility in residential areas has helped to reduce response times as well. We have exceeded our goals established with the City for response times. The Sheriff’s Office prides itself on self-evaluation, and this has helped to increase our response to the needs of the City. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 23 of 37 162 Annual Report FY 2009-10 November 1, 2010 Other Activities The Sheriff’s Office applied for and received two grants from the California Office of Traffic Safety (OTS). One grant funded the overtime costs to operate Driving Under the Influence Patrols (DUI Enforcement Patrols) in July 2009, September 2009, December 2009, and May 2010. The DUI Patrols were put out to assist in the City of Cupertino in locating drivers under the influence. The use of additional patrol units to enforce DUI violations has proven more productive for enforcement purposes then did the checkpoints previously used. We also received a grant to purchase a sign trailer to assist with DUI enforcement, and speed enforcement within the City. The second grant that we received was to perform “Red Light Violation” enforcement. We spread this out over four sessions, and performed directed enforcement in Cupertino for these violations. The traffic units from Cupertino and Saratoga were used on overtime to enforce the violations in Cupertino. The Sheriff’s Office provided two directed enforcement days in cooperation with CHP, looking to enforce the new cell phones laws. This resulted in a number of citations for those that have chosen to ignore the new regulations. In July 2007 West Valley Patrol implemented a new approach to enforce various criminal activities taking place throughout the City. Detectives and Patrol deputies put forth a more cooperative effort in the investigation of cases to reduce the case load for detectives, and increase the involvement of deputies familiar with circumstances in the field. The result of the new approach that was implemented has continued to provide the City with a high number of property related crimes being resolved. Not only are the crimes being resolved with suspects arrested and prosecuted for the crimes committed, but items of property valuable to the residents of the City have been returned. Once again we continue to provide arrest numbers that increase each year. We continue to work toward the resolution of more incidents, and hope to continue along the same path this year. In 2009, a fourth detective was added to the unit due to the volume of cases this division handles, and the results that are put forth. This fourth position was agreed upon by the contract cities, including Cupertino. This has helped respond to the increase in burglaries, and other crimes in the City. West Valley Patrol implemented a new schedule in 2008. This schedule helped to bring additional resources into the City without an additional cost to the City. Most importantly, this schedule has allowed for more opportunity for training. On the training days, we now bring in topics and areas of interest that relate to criminal and community behavior. Community members have participated to help deputies better understand their expectations of the Sheriff’s Office, and the differences in perception from their community, and culture. We understand that various cultures perceive law enforcement differently. We must assure that deputies understand this and react accordingly when responded to a request for service. Department Programs The two School Resource Officers continued their involvement in youth programs aimed at education, prevention, and intervention. These deputies have also worked closely with school officials in offering assistance and guidance. They participated in the Teen Academy, School \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 24 of 37 163 Annual Report FY 2009-10 November 1, 2010 Attendance Review Board (SARB), Every 15 Minutes Program, Code Red Training, DUI Court, Juvenile Diversion Program, Sober Graduation, Mentor Program, and Parent Project program. The School Resource Officers provided presentations on the following: Bully and Respect, 9-1-1 Protocols, Drug Awareness, Red Ribbon Week, Stranger / Danger, Youth Violence Prevention, Zero Tolerance, Bicycle Safety, and Internet Safety. Over 14,000 Cupertino students participated in these presentations. The Sheriff’s Office worked very closely with the management at Vallco to establish a combined effort toward enforcement both within the mall, and around the perimeter. The efforts have included training, meeting with security staff, and providing both Sheriff’s Office and Security unmarked enforcement in the parking structures to help resolve a number of auto burglaries and auto thefts that had taken place at the mall. The combined efforts have been helpful to address the number of auto related thefts and burglaries, and we will continue to build on this working relationship during the upcoming year. This relationship has also been helpful in addressing the increased number of juvenile incidents in and around the mall. We also took this relationship one step further by allowing security to work with us in training for a “First Responder” or “Active Shooter” incident at the mall. In May 2008, Council had allocated $49,000 toward directed enforcement around schools in the City. As a result, the Sheriff’s Office was able to continue to provide additional enforcement around many of the schools this year. The additional enforcement was well received by school staff and residents. It helped to relieve some of the congestion in the area, educate drivers on safety concerns, and provide a safe environment for students to walk or bike in school areas. We hope to continue much of this effort again this coming year since it was so effective. The Sheriff’s Office developed and provided a number of directed enforcement actions this year to help with the safety concerns for motorists and pedestrians in crosswalks. The traffic units in the City of Cupertino were tasked with identifying a number of crosswalks in the City that contribute to some of the safety concerns for motorists and pedestrians. Upon observing a number of violations, a determination was made to conduct directed enforcement actions at each location. Each time this was done, the traffic units issued approximately 47-51 citations for drivers that failed to yield to pedestrians in crosswalks. The purpose of these actions is not to issue an increased number of citations, but to educate the drivers in the area of the potential safety risks to pedestrians. The Sheriff’s Office looked into, and was prepared to implement, a new program for parents in the community with juveniles that are out of control, or in trouble with the law. The program is called “Parenting Project.” Parents can sign up for a 12 week workshop and learn proven techniques that can help build a positive relationship with their kids. We have experienced a number of these juveniles in the community. We were able to complete the preparation for this program and offer the first 12 week program in the spring of 2010. The class went from February 2010 to April 2010. We had 14 parents sign up for and participate in the first program. The program was successful, and many parents were very appreciative of the information they were provided. Some changes in behavior, both on the part of the parents and children, were already noticed by the time the class was completed. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 25 of 37 164 Annual Report FY 2009-10 November 1, 2010 The Sheriff’s Office had the opportunity to train a traffic deputy to be certified in Commercial Enforcement during the year. We now, once again, have a deputy that is trained in the recognition of commercial truck violations, and trained in the proper techniques to inspect trucks for safety, hazmat and license violations. This has been very helpful to many members of the community that have concerns about the number of large trucks, and trucks with loads, that travel through the City and neighborhoods. The position has afforded these community members with an outlet to voice their concern, and have their concerns addressed appropriately. We were also able to enter into and MOU with Lehigh Cement this year to help to fund part of this traffic position as a result. The Sheriff’s Office is in communication with, and interacting with more of the community and residents that we serve in Cupertino. We understand the concerns that many residents face, and will continue to face, with the current difficult economy. The state of the economy has an effect on the quality of life, and has also brought in criminal elements from outside of Santa Clara County. Many of the criminals that we are arresting, identifying, and completing follow-up on are from outside of Cupertino, and most often outside the County. With the diverse community in Cupertino, the change in dynamics that take place here in Cupertino Monday thru Friday due to the employment opportunities Cupertino provides, and the fact that many come to prey upon these conditions, it is important that we, the Sheriff’s Office, recognize this and understand the need to communicate. We will continue to work together with the community to make residents and businesses aware of ways to better protect themselves, and recognize suspicious activity that hopefully result in calling the Sheriff’s Office. Our management analyst will be going out and meeting with the Chamber of Commerce to provide messages and programs to businesses and how they can help reduce the number of employees that are victims of criminal activity, as well as their homes and business. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 26 of 37 165 Annual Report FY 2009-10 November 1, 2010 Public and Environmental Affairs During the past year, the City has experienced growing regulatory demands from the state, along with a heightened level of interest from the community on all issues relating to sustainability. For the past ten years, the City of Cupertino has been implementing environmentally sound policies and practices. Environmental Affairs Charged with convening and coordinating interdepartmental and community-focused policies and programs that conserve both financial and natural resources, the Environmental Affairs Division continues to achieve measurable results this fiscal year (www.cupertino.org/green). The expansiveness of the milestones achieved by the small Environmental Affairs Team is made possible through grants acquired through the Department of Energy, partnerships established with public agencies and local nonprofit organizations, and internships launched by the Kirsch Center for Environmental Studies at De Anza College. Background Cupertino's current environmental goals are guided by the following Council Actions, alongside regulatory requirements (AB32, AB939, SB375) and the recently completed municipal and community-wide greenhouse gas emissions inventories: 1.The U.S. Mayor's Climate Protection Agreement signed in 2008, 2009, 2010 2.The 2005 General Plan Environmental Resources/Sustainability Element (Chapter 5) 3.The Environmentally Preferred Procurement Policy adopted in July 2007 4.The Bay Area Climate Compact adopted by Council in September 2009 Grant Support In August 2009 Cupertino received a $526,200 Energy Efficiency and Conservation Block Grant from the Department of Energy DOE EECBG to prioritize projects that reduce utility expenditures for both the City and its residents and hedge against future utility rate increase. The project will also directly reduce greenhouse gas emissions from the primary stationary sources over which the City has direct operational control.Specifically, Cupertino is using these funds to: Implement streetlight retrofits and irrigation controller retrofits, starting August 2010, which will result in annual savings of 813,003 kwh, 34,374,394 gallons, 882,570 pounds of CO2 and $235,882. Partner with Acterra Green@Home to install energy and water savings devices to renters and homeowners free of charge (called a “HouseCall”). Since the program began in July 2008, volunteers have completed a total of 83 HouseCalls, eliminating 98,644 lbs of CO2 emissions per year and saving the average household over $150 per year (www.acterra.org/green@home). Within the Acterra audit and retrofit program, City staff identified a gap in funding to motivate residents to implement additional actions identified during the HouseCall. To further expand the \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 27 of 37 166 Annual Report FY 2009-10 November 1, 2010 success of the program and achieve greater financial and environmental benefits for our 1 community, Cupertino created two new programs with the following goals: Tree 4 Free! –Partner with local nurseries to provide a free tree to residents and businesses as a means to grow our City’s urban canopy to offer community-wide air quality, energy savings and carbon sequestration benefits (www.cupertino.org/tree4free). Go Green Grants – Expand the reach of the existing utility rebate programs by providing residents with a grant to make improvements in their homes, businesses, schools, churches, and organizations (www.cupertino.org/gogreengrants). Partnership-Based Achievements Through collaborative efforts, local governments demonstrate that working together can save tax payer dollars, save energy, and offer an example for environmental leadership. The Environmental Affairs Division achievements outlined below exemplify the value of partnerships to advance mission critical work during resource constrained times: Power Purchase Agreement – A Solar Power Purchase Agreement (SPPA) is a financial arrangement in which a third-party developer owns, operates, and maintains the photovoltaic (PV) system and a host customer agrees to site the system on its property and purchases the system’s electric output for a predetermined period. In partnership with Santa Clara County, Joint Venture Silicon Valley and several other cities, Cupertino will confirm and select qualified vendors for work beginning in October 2010 on 3 carport structures located throughout the City. As a whole, the project is comprised of 7 public agencies, 70 sites and 15MW of power (www.jointventure.org). Santa Clara County Green Business Program– Cupertino’s Business Development and Environmental Affairs programs are acting as liaisons between Santa Clara County and local businesses to achieve environmental compliance and take actions to conserve resources, prevent pollution and minimize waste. Simply put, the program offers an easy-to use framework for improving environmental performance within facilities and grounds. The City is currently undergoing its own program re-certification, which is anticipated in August 2010, for five of its facilities including City Hall, Community Hall, Library, Senior Center and Quinlan Community Center (www.greenbiz.ca.gov). Energy Upgrade Santa Clara County – On February 10, 2010, the Association of Bay Area Governments (ABAG) was successfully awarded a $10.75 million State Energy Program grant to fund Energy Upgrade California. The program has a defined scope of retrofitting 17,000 homes (single family and multifamily) set to achieve an average of a 20% reduction in home energy consumption, while creating 1,739 home energy retrofit jobs. Beginning in September 2010, Energy Upgrade audits will grow the scope of Cupertino’s Acterra Green@Home program to stimulate interest in comprehensive home retrofits such as added insulation, weatherization, heating, ventilation and air conditioning upgrades, new windows and energy efficient appliances, resulting in significant reductions in energy and water consumption within participating homes (www.sccenergyupgrade.org). nd Earth Day Film & Fun Festival – In April 2010, Cupertino hosted its 2 Annual Earth Day Film & Fun Festival in partnership with fifty environmental nonprofit partners and businesses. With attendance estimated at nearly 750 community members, guests 1 Program participation requires that residents first complete a Green@Home House Call (www.acterra.org) and organizations complete a checklist through the Bay Area Green Business Program (www.greenbiz.ca.gov). \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 28 of 37 167 Annual Report FY 2009-10 November 1, 2010 participating in this year’s program more than doubled that of last year’s festival. The event showcased the diversity of programs available to support residents interested in learning new ways to reduce domestic and landscape water consumption, conserve energy, generate renewable energy, use alternative forms of transportation and more. Families spent the day test driving electric scooters, purchasing native & drought tolerant plants, exploring a large demonstration solar photovoltaic array, registering for upcoming composting and gardening workshops, along with visiting educational booths. Children’s activities included a Community Hall screening of Disney Earth and Pixar’s Wall-E, passport program, tour of Environmental Program’s Enviroscape, and eco arts & crafts. Climate Action Plan – In its March 2009 CEQA Guidelines update, the Resources Agency added a new provision, Section 15183.5, which provides a framework for programmatic greenhouse gas emissions reduction plans as part of general plan updates (www.ag.ca.gov/globalwarming/ceqa/generalplans.php). Given this change, staff are currently working with other local cities to develop a Climate Action Plan template intended to be a plug and play document to take off the shelf and easily customize with minimal assistance, minimizing costs to develop the plan. The template, scheduled to be completed in the winter of 2010 will include a suite of actions to reduce greenhouse gas emissions defined in an easily understandable easily understandable way, yet with enough detail to ensure staff has clear direction on how the actions can be implemented. Planning for the Environment The Community Development Department has welcomed the Environmental Affairs team support to shape the following local policies that achieve new state regulatory requirements, namely the Water Efficient Landscaping Ordinance and CALGreen, community values and ambitious environmental goals: Green Building Ordinance– Buildings in the United States are responsible for 39% of CO2 emissions, 40% of energy consumption, 13% water consumption and 15% of GDP per year. Given these facts, the City is working throughout the community to structure an ordinance by October 2010 that responds to the Santa Clara County Cities Association’s goal to provide a baseline green building policy that achieves the region’s climate change goals and ensures cross-jurisdictional consistency of policies that govern the design, construction, retrofit and demolition of buildings. In partnership with Global Green, Cupertino hosted a series of focus group meetings to design an ordinance establishes a framework for developers and property owners, including the City itself, to implement practices that lead to cost-efficient and energy saving sustainable buildings, workspaces and learning environments (http://www.cupertino.org/greenbuilding). Water Efficient Landscaping Ordinance– Landscape irrigation can account for up to fifty percent of residential water use. The revised Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881, Laird) seeks to reduce that quantity by requiring that local agencies adopt a model landscape water efficient landscaping ordinance by January 1, 2010. In partnership with working group formed by the Santa Clara Valley Water District, the City worked to develop a regional ordinance that is as effective in conserving water as the Department of Water Resources’ updated model ordinance. This draft th ordinance was presented to the community on March 10 for feedback, reviewed and refined by the Planning Commission on March 23rd and was granted final approval by th Council on May 4 (www.cupertino.org/welo). \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 29 of 37 168 Annual Report FY 2009-10 November 1, 2010 Public Affairs The mission of Cupertino Public Affairs is to increase public awareness, interest, understanding and participation in City issues, programs and services. Communications from the City derive from, and are designed to serve and strengthen, the public trust. Information to support this process must carefully avoid two extremes: too much information obscures as much as too little. Achieving this type of communication requires planning and information design. Each element of the process needs to support the public process, council decision-making and the work of City staff. Consequently, a high priority for Public Affairs continues to be implementing a coordinated and comprehensive internal and external communication program for the City. Priority projects have focused on greater capacity and coordination of communication so that the City will be better able to communicate with, and serve, the public. The Public Affairs Division is responsible for planning and implementing a comprehensive internal and external communications program for the City of Cupertino. This includes keeping the community well informed of City services and activities while keeping the City employees and elected officials well informed to assist them in serving City residents. As technology and communication methods advance, the Public Affairs Division is continually looking toward new effective ways to distribute information. The Cupertino website is continuingly being updated with new functionality and recent broadcasts of City meetings. The Cupertino City Channel provides a wide variety of locally produced and acquired programming. Radio Cupertino has begun broadcasting this year. The Public Affairs Division continues its mission to increase public awareness, interest, understanding and participation in City issues, programs and services well into the next fiscal year. Web Services The City web specialist coordinates with the all departments to make sure that the City’s website is current and up to date. Staff is continuing to add more service-oriented functionality to the site. The webmaster also is in process of designing/implementing the City’s Intranet. The staff is also responsible for managing teen commission, blackberry farm, Cupertino-library websites, and a brand new teen website this year. The website staff oversees the overall hosting, deployment and content updates for the web platform. The web specialist also collaborates with the Information Technology Department in the e- services program. This is the fastest growing means for residents to request services and information from the City. Last year the City web site averaged approximately 400 thousand page views per month, generated by an average of over 24 thousand absolutely unique web site visits per month with an average of more than 120 thousand page views per month. City Channel City channel staff broadcast all City Council, planning commission, and parks and recreation commission meetings. Staff also produced an economic development video, the state of the City, \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 30 of 37 169 Annual Report FY 2009-10 November 1, 2010 the Cupertino Recognizes Extra Steps Taken (CREST) Awards and several training videos. The City channel also covered community events, festivals and forums. Radio Cupertino WQGH344 (Radio Cupertino) is the City of Cupertino's AM radio station, began broadcasting on the frequency of 1670 AM in March of 2007. Radio Cupertino provides residents with up-to- date information on City news, community events, construction projects, road conditions, weather forecasts and emergency preparedness. Cupertino City meetings are also broadcast at various times throughout the week. In the event of an emergency, local residents can tune into Radio Cupertino for the latest information on the nature of the emergency, the impact of the emergency on the community, and instructions for local residents. Cupertino Scene This year, the newly redesigned Cupertino Scene publication remains an important source of City information for the community and for the media. Consistent with the rest of the nation, print publications are decreasing in readership. However, as a multimedia document the Scene is a cue for weekly newspapers that frequently use stories and topics from the publication. The Scene has also become an information-rich destination on the website. It is expected that the City web site will soon eclipse the Scene as the most important source of community information. Public Access The City provides public access services to Cupertino through KMVT, Comcast Cable station 26 and via YouTube. A savings of $57,000 continues to be realized annually. Due to its relationship with KMVT, video production classes are offered as part of the recreation schedule and local high schools are exploring the possibility of coverage of high school sports in Cupertino. Franchises The City of Cupertino inaugurated a new video franchise with AT&T through the new State of California franchise process. Enacted by recent state legislation, this statewide video franchise requires payment of a 5% per ratepayer franchise fee. Awards The City of Cupertino will receive two awards this year. One award is in the category of public and community meetings at the National Association of Telecommunications Officers and Advisors (NATOA) 2009 Government Programming Awards. Cupertino regularly competes with some of the largest cities in the nation, most recently Denver and Los Angeles. Another award will be a 2009 Savvy Award from the City County Communicators and Marketing Association (3CMA) in the Digital Interactive – Website category, for outstanding local government achievements in communications, public-sector marketing and citizen- government relationships. Technology Information and Communication Commission The Technology Information and Communication Commission (TICC) has been working closely with the Planning Commission and Planning Department staff regarding the Wireless Services Master Plan. One of the few cities with a planning document of this type, with the rapid change \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 31 of 37 170 Annual Report FY 2009-10 November 1, 2010 of technology, the commission has made a priority of updating the document. The TICC has also taken a leadership role dealing with community concerns regarding WiFi and cellular technology. Sister City Program Cupertino enjoys a range of cultural, educational, and economic exchange programs. Cupertino enjoys two sister City relationships with Toyokawa, Japan and Hsinchu City, Taiwan, Republic of China. Cupertino’s sister City relationships are governed by local ordinance and International Sister Cities, Inc. The Sister City Program has thrived because of broad-based community support. It is a community program, coordinated by the Cupertino-Toyokawa and Cupertino- Hsinchu Sister City Committees, with the support of the City of Cupertino and the Cupertino Union School District. Community Relations About 350 residents participate in the Cupertino Neighborhood Block Leader program. During the year, City staff coordinated two orientations for new leaders, a bus tour of Cupertino for block leaders, and an annual recognition event. Staff also began an on-line block leader newsletter produced three times a year. Block leaders have been key in delivering timely and pertinent information to their neighbors about building activities and new Citywide programs. Leaders were vital to the City’s first Citywide preparedness drill and reached 41 percent of 18,700 homes during the exercise last fall. About 30 percent of the block leaders are CERT- trained. More than 60 percent of Neighborhood Watch leaders also serve as block leaders. Community Events Cupertino is a vibrant, active community with a diverse population and monthly events that provide something for everyone. In the past fiscal year the City has collaborated with many organizations to bring celebrations, events and education fairs to the residents and employees. JULYOCTOBER JANUARY APRIL thrd 4 on the 3Master Planning in North Big Funny Run Cupertino Safety Fair th 4 of July Celebrations Diwali Festival VallcoCherry Blossom Shakespeare in the Park Ikebana Flower Show Community WorkshopFestival Summer Concert Series IFWC Cultural Arts Earth Day Festival Free Shredding Day AUGUST 2006 NOVEMBER FEBRUARY MAY Cinema at Sundown World Journal Festival Bike to Work Day SEPTEMBER DECEMBER MARCH JUNE Cupertino Jubilee Breakfast with Santa Lunar New Year Unity Organization of CelebrationsLight up the Night Festival & Parade Special Needs Citywide Garage Sale South Vallco Families Festival Community Workshop Summer Concert Series \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 32 of 37 171 Annual Report FY 2009-10 November 1, 2010 Administrative Services Department The Administrative Services Department is comprised of eight divisions including Finance, Information Technology, Human Resources, City Clerk, Code Enforcement, Community Outreach (Emergency Preparedness, Neighborhood Watch), Economic Development, and Treasury. Finance The Finance Division updates City financial records, collects and disburses all monies, handles payroll, and supports the Audit Committee. It compiles Federal, State and County reports, prepares the budget and financial statements, monitors spending and revenues, and issues business licenses. Accomplishments this year include: Facilitated a $1.358 Million budget adjustment at midyear without service cuts or layoffs. Prepared a balanced budget for fiscal years 2010/11 through 2014/15 that manages the economic downturn with a reduced revenue base while supports the City’s operational and capital needs. Prepared annual financial reports for 2008/09 with a clean audit opinion. Obtained GFOA Award of Excellence for the City’s annual financial report and the CSMFO Excellence Award for the City’s annual budget. Created the “Budget-At-A-Glance” brochure that gives key budget information in an easily understood format. Facilitated our utility user tax measure that passed with 75% voter approval and protected $600,000/yr for the City. Prepared request for proposals and selected new accounting firm for audit services. Provided quarterly general fund revenue and expenditure projections. Issued 6,586 vendor checks, 6,548 payroll deposits and checks, and 1,630 purchase orders. Renewed 3,200 business licenses and granted 774 new licenses. Sent out 406 bills for false alarms, property damages, and grants. Coordinated updates to the annual fee schedule. Provided cost analysis for labor negotiations and served on the labor negotiation team Evaluated financing alternatives for the Siemens’ energy savings project. Facilitated the review of our revenues, expenditures and reserve levels and proposed new programs through the Fiscal Strategic Plan. Coordinated American Recovery and Reinvestment Act grant accounting and reporting. Analyzed the IA Securitization Proposal from the State and recommended against participation. Analyzed and subsequently withdrew from the CALID program to save approximately $50,000/year and ensure that services were still provided by the Sheriff’s office. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 33 of 37 172 Annual Report FY 2009-10 November 1, 2010 Treasury This function is responsible for investing a $50 million portfolio with the goals of safety, liquidity and rate of return. During the fiscal year, all investments complied with our own policy and state law and provided adequate cash flow to meet operational and capital project obligations. The division presented quarterly investment reports to the Council and established a trust fund to pay for future retiree medical obligations. City Clerk The City Clerk prepares the council agenda and minutes, keeps an accurate record of all City Council proceedings, maintains official copies of all City ordinances, and administers oaths to City officials. The Clerk’s office also administers the local elections and is the filing officer for Fair Political Practices Commission reports. Weekly duties include preparation, distribution and posting of a variety of agendas and minutes, scanning City Council and Planning Commission packets and documents to the Internet, preparing legal advertisements, and processing council actions, including resolutions, ordinances, correspondence and maps. The Clerk’s Office staff also responds to requests for records, processes and distributes in-house and postal mail, and provides much of the City’s photocopying services. The City Clerk staffs the Fine Arts Commission. Elections/Initiatives The City Clerk managed the November 2009 election, which had openings for three City Council seats and a ballot measure to modernize the City’s User Utility Tax. Some of the tasks associated with the election included: Finalizing the Candidate’s handbook and meeting with 7 candidates to issue and receive nomination papers, campaign finance disclosure forms, and other election-related documents Placing election notices in news media in five languages Providing news media and interested parties with regular election updates by email Updating the City’s elections web site Public Notification The City Clerk’s Office continued to provide the most up-to-date information available regarding City Council meetings and action. Updated the City’s on-line records weekly, including City Council agendas, minutes, staff reports, resolutions and ordinances. Provided on-line access to historical documents, including agreements, budgets, and annual reports through the ongoing imaging program.The City web site now has all City Council minutes, resolutions, and ordinances dating back to the City’s incorporation date of 1955. Provided City Council meetings and documents on the City’s website with on-demand streaming video. The video is integrated with agendas and complete staff reports. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 34 of 37 173 Annual Report FY 2009-10 November 1, 2010 Accomplishments and Enhanced Services The City Clerk’s Office began implementation of an automated agenda management program in May and began implementation in early July of 2010. This program streamlined the distribution of staff reports for review and approval. Documents are now created and routed digitally, saving between 300 and 800 pages per packet. Staff updated a number of procedure manuals used in the City Clerk’s Office. Major updates included the following categories: Requirements for public notices; recording of documents with the County Recorder; policies and procedures for scanning records into the City archives; new administrative citation procedures developed by the Code Enforcement Office; and other miscellaneous updates. Staff also obtained new hardware and implemented an improved postage process which provides enhanced services digital certified mail, bulk mail permits, and direct post office accounting. Received a $1957 grant from the Arts Council Silicon Valley to offset the cost of the annual Free Shakespeare in the Park performances in Memorial Park. Routine tasks: Prepared agendas and minutes, and printed and distributed packets, for 30 City Council meetings. Processed 38 legal ads,236 resolutions,28 ordinances,16 claims,1 appeal, 4 petitions for reconsideration, and a variety of records requests. Recorded approximately 150 miscellaneous documents with the Santa Clara County Recorder. Scanned packets and exhibits for 25 City Council meetings; continued scanning current and/or prior year resolutions, ordinances, other commission minutes, budget documents, etc. The Laserfiche database now contains approximately 255,156 pages that are available to the public online (an increase of 191,000 since last year) Prepared and microfilmed 855 files and destroyed 192 obsolete files. Collected and reviewed72 economic interest forms and 109campaign disclosure statements required by the Fair Political Practices Commission. Recruited for all board and commission regular vacancies with terms ending in January, as well as 1unscheduled vacancy. There were 8appointments made. Responded to miscellaneous requests by the public and other agencies. Compiled information for State of California mandate reimbursement claims Fine Arts Commission Met with project developers and reviewed and/or approved public art proposals for the PW Market center expansion, the Markham Apartments public park, an equipment enclosure at Jollyman Park, and artwork for a T-Mobile monopole. Sponsored a student art exhibition at the annual Cupertino Cherry Blossom Festival. Selected the Distinguished Artist of the Year 2010, painter Pantea Karimi \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 35 of 37 174 Annual Report FY 2009-10 November 1, 2010 Emergency Services The mission of the Office of Emergency Services is to facilitate, coordinate and provide technical support to improve Cupertino’s disaster response and recovery through education, training, volunteer development, partnerships and other readiness activities. Highlights include: Public Education Monthly preparedness articles for Cupertino Scene Personal Emergency Preparedness Workshops – 160 students Kaleidoscope Public Safety Training for young adults - 40 graduates CPR classes - 72 trained First Aid classes – 56 trained Preparedness information at local festivals, block parties, schools, service clubs and other community events. Emergency preparedness website Citywide emergency preparedness awareness campaign and distributed 10,000 flyers to individuals and homes Informational brochures at the library, City Hall and Quinlan Community Center Readiness Communication – Maintained Incident Reporter System common operating picture map, AlertSCC countywide notification system, Government Emergency Telecommunications System and Satellite phones tested. Supplies – Maintained ARK inventory. Prepared GIS area maps of City to be used for emergency canvassing. Equipment – Purchased second radio frequency and additional Service Center radios to provide communication at all City facilities. Completed phase two of mobile command vehicle build out. Personnel - Continued meetings of Cupertino Disaster Council to assist stakeholder involvement in emergency planning. Volunteers – Provided ongoing planning and training with Community Emergency Response Team, Medical Reserve Corps, Cupertino Amateur Radio Emergency Services. 48 new CERT graduates, 10 new ham radio operators, 5 new Medical Reserve Corps. Developed strategies and procedures to manage Animals in Disasters and offer child care services to volunteer responders. Updated Disaster Mitigation Plan for Cupertino General Plan. City Staff Training 90 per cent of City Staff trained in ICS100, ICS200 & IS700. NIMS Compliant for 2009 Conducted CERT training for employees. Emergency Preparedness lending libraries set up in each City Facility, EOC, ARK and Command Vehicle. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 36 of 37 175 Annual Report FY 2009-10 November 1, 2010 Volunteer Training Citywide volunteer exercise held over two days and five shifts. 600 volunteers, 5,000 volunteer hours. Received CREST award. Updated Dam emergency plan and conducted tabletop exercise Access and Functional needs shelter exercise by Department of Social Services. 60 members of Department of Social Services, Red Cross, Cupertino Parks & Recreation, and Salvation Army operated a simulated shelter at Quinlan Community Center. First shelter of its kind. 100 volunteers participated as shelter residents for 6 hours. City Staff and 50 Citizen Corps volunteers (including mutual aid from other cities) used the th Incident Command System to manage July 4 activities at four sites. Homeland Security Grant - $300,000 to purchase new Emergency Operation Center Generator Partnerships Held monthly school preparedness meetings. Executed Memorandum of Understanding with Verona Homeowners to place ham radio antenna on their roof Congressman Mike Honda obtained a Homeland Security Grant for Cupertino - $300,000 to purchase new Emergency Operation Center Generator Donations Rotary donated 8x10 U-Haul trailer for CERT/OES activities Human Resources Human Resources provides a full range of personnel and risk management services including employee relations, labor negotiations, recruitment, selection, classification, compensation, training, organizational development, benefits, retirement, workers compensation, insurance administration, and safety. Special accomplishments: Reorganized duties in the department to accommodate the HR Director vacancy for 12 months of the fiscal year, saving the City $192,450 in salary and benefits annually. Remodeled the open HR office to accommodate a small conference room. Successfully negotiated new two-year labor agreements with the Cupertino City Employees’ Association, Operating Engineers Local Union #3, Unrepresented Group and the City Attorney group. Conducted 30 recruitments (11 full-time and 19 part-time). Filled 12 full-time and 66 part- time positions. Administered qualification appraisal boards, written exams, and established eligible lists. Scheduled and monitored results of fingerprinted criminal history records checks, pre-employment medical evaluations, and TB testing. Prepared offer letters and conducted new employee orientation. Organized one off-site management workshop for the mid-manager group. Implemented and administered Phase III of the employee wellness program including incentives, flu shots and brown bag workshops on weight management and meditation. Fully automated on-line job applications, applicant tracking and interest cards. Participated in the CalOpps public sector job board to provide “one stop shopping” for job applicants. Increased the candidate pool and reduced recruitment timeframes. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 37 of 37 176 Annual Report FY 2009-10 November 1, 2010 Hosted on-site CalPERS retirement & financial planning seminars. Provided City staff training in following areas: Interview process; Microsoft Word/Excel; harassment training; defensive driving; bike safety training. Awarded $30,000 in ABAG Plan grants for successfully completing and implementing ABAG’s best practice recommendations for risk management. Updated Citywide Injury and Illness Prevention Program redefining/enhancing the role of the Safety Committee. Updated general liability, property and errors and omissions insurance. Conducted quarterly labor management meetings with OE3 and CEA. Served as Municipal Employee Relations Officer resolving grievances, conducting investigations, and administering progressive discipline. Administered employee benefits including, health, dental, vision, life insurance, long term disability and deferred compensation. Conducted open enrollment for health and voluntary benefits. Held a wellness fair for employee benefits with 35 vendors. Scheduled retirement workshop meetings, quarterly committee meetings, and quarterly 457 plan informational meetings. Updated job classifications. Prepared and submitted EEOC employment data reports. Processed general liability claims, represented City in mediation and court proceedings and ensured the timely response to requests for claims information. This task was transferred to the City Attorney’s office mid-year Administered performance evaluation program scheduling evaluations, providing supervisory training and tracking. Implemented a program for timely completion of all evaluations. Coordinated sevenergonomic evaluations and implemented recommendations. Monitored and reported temporary employee hours. Administered 19workers’ compensation claims. Processed seven employee retirements, two full-time employee separations and 30 part-time employee separations. Assisted City Council with the recruitment of the City Attorney position to ensure compliance with IRS and CalPERS guidelines. Participated in the formation of the West Valley Leadership Academy and hosted all sessions in Cupertino. Worked with the Environmental Affairs Division and created and implemented a Bike Fleet Policy and Procedure. Economic Development The Economic Development function is a coordination of efforts between the Community Development Department and the Department of Administrative Services. The two departments work with local developers and property owners to encourage specific businesses to locate in the City, including restaurants, theaters and bookstores. These efforts are specifically aimed at projecting a business friendly environment throughout the organization. The Community Development Department continues to develop and maintained a contact list to target specific business. Information Technology This division provides and manages Citywide information technology. The IT Manager and her staff implement the City’s Technology Master Plan, assist in training staff and maintaining and \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 38 of 37 177 Annual Report FY 2009-10 November 1, 2010 troubleshooting information systems including; the Finance and Building systems, the Records Management system, Recreation Reservation systems, and GIS, Code Enforcement, and Community Development. Extending our network outside of City Hall, which also consisted of a Smartphone project, has allowed staff to view email and work outside of the office. This year’s focus was about continuing to improve customer service, through a paperless environment, expanding our E-services goals, providing growth and stability for our expanding network, upgrading our mission critical system to latest technology standard and strengthening security and storage parameters for better network availability and protection. Specific accomplishments this year included: Continued internal changes and reporting for first level Payment Card Industry (PCI) assessment Completed PCI Gap Analysis consultation services for compliance and risk assessment. Began selection process for full scaled log management and correlation appliance Developed scope of work for hosted SASS environment for Parks & Recreation payment applications and servers. Bid and selected automation tools for vulnerability assessment, patch management, help desk, asset management, remote desktop, administrative alerting, software licensing management, application deployment, and power management Installed and configured project management tools for compliance standards tasks and reporting Migrated to SAAS environment for Sports Center member management application Replaced entire switched environment and redesign of network segmentation Replaced firewall with latest Checkpoint UTM model that increased performance and services for IPS, QOS, Endpoint encryption, Antivirus, and web filtering Provided extensive monitoring of the Records Management servers. Assisted as technical lead in Google Appliance implementation Continued working on the Cupertino Security Policy, preparing for Security Awareness Training Facilitated the Code Enforcement application data to a new hosted Citizenserve system. Maintained the Service Level Agreement for Apple products on our network; including improved security for systems via Antivirus applications and network monitoring. Maintained and supported access to 48 printers across 8 sites Continued maintenance of the City’s imaging packages for faster build and delivery of servers and workstations; maintained each install and delivery to specific user needs Maintained all software applications to Windows XP standard; also included liberal support for Office 2007 transition Maintained Teen Center networks including support for two separate networking environments. Maintained and upgraded all Networked Servers with latest security vulnerability patches, critical updates, hot fixes, antivirus, and optimization tools. Maintained network environment to Community Hall and completed a major upgrade configuration \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 39 of 37 178 Annual Report FY 2009-10 November 1, 2010 Updated Disaster Recovery (DR) Plan with backup rotation and tape retention; preparing for DR Project Phase II including research of cloud computing options. Upgraded Internet filtering application, the network security systems, disaster recovery system, the checkpoint firewall system, and antivirus programs for server and desktop deployment. Continued participation in the Countywide GIS Partnership Project, including updates to Regional County-wide basemaps Maintained successful internship programs Continued to upgrade E-services applications and its infrastructure for improvements to system Maintained all equipment and software inventories Completed over 1,800 Helpdesk work orders Upgraded Class System for Quinlan and Senior Centers including reservation system database, IVR phone system, Payment Processing Server, and registration web server Continued support to PIO/Video department for their Intranet and web projects, video editing and publishing infrastructure, and environment and hardware for webcam, ftp, and audio streaming services Finished Smartphone project policy for use and support; Blackberry Enterprise configuration awaiting final approval Assisted Public Works staff w/ SV-ITS project Developed and executed remediation strategy for 2010 Security Audit results Maintained security certifications for all web servers (SSL VeriSign/PayPal) Assisted with network infrastructure installation and configuration for Key Project Migrated Sports Center membership program and payment services solution Participated in Green Team development of new sustainable initiatives for the City including computer and monitor power consumption policy and improvement, ongoing support for paperless environment; network changes to allow easier use of duplex printing, virtualization research for future deployment and research of eFaxing strategies Supported the creation of City-wide surveillance projects for Library, Sports Center, and Mary Avenue Bridge projects Created Cupertino’s EOC Technology mission statement and map for First Responder room preparedness. Worked with DeAnza College for ongoing salvage project Implemented first phase of a mobile workforce whereby City-wide wireless options allow for Service Yard and Code Enforcement staff to access their applications and data while in the field. GIS Accomplishments (Geographical Information Systems): Completed Phase 1 of the GIS Centric Asset Management Project for Public Works comprised of the streetlight, trees, street sign, stripping and pavement markings assets. Developed and deployed “Property Information Web Application" an on-line interactive map used to find out property characteristics,access Assessor information, and view service and administrative data layers. Modeled Cupertino’s Traffic Data and created an inventory of all the assets. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 40 of 37 179 Annual Report FY 2009-10 November 1, 2010 Upgraded the City’s GIS system to ArcSDE (Spatial Database Engine) in our efforts to implement an enterprise wide GIS. 1.Creates a central repository for all our data to be stored and managed. 2.Facilitates GIS Strategic planning to bring the maintenance of our data layers and applications in-house 3.Allows multiple departments to edit the data 4.Streamline workflows utilizing one central hub 5. Updates and maintains over 50 layers of data. Provides first rate customer service to citizens as well as City staff in responding to service requests, analysis, and ad hoc maps. Continues to update our internal MapGuide Intranet Application Neighborhood Watch Updated the Neighborhood Watch database to ensure active watch groups Conducted 14 neighborhood watch meetings in 2009-10 Continued marketing efforts through weekly E-cap and Cupertino Courier Participated in the City’s third National Night Out for our residents Participated in a new neighborhood outreach logo to brand Neighborhood Watch, Neighborhood Captains and Emergency Services. Code Enforcement Investigated and obtained compliance for 1344 code violation cases. Examples of violations include exterior storage of debris, excess accumulation of trash, inoperative vehicles, illegal and/or unpermitted signs, hazardous vegetation, animal nuisances, graffiti, excessive noise, and unauthorized home occupations. Responded to law enforcement calls for service totaling 818 hours; a savings to the City’s law enforcement contract of $118,462. Examples of law enforcement related activities conducted by the Code Enforcement Division include parking enforcement, abatement of abandoned vehicles on public property and private parking lots, investigation of petty theft, vandalism and illegal dumping crimes, traffic control, and found property reporting. Continued City participation in the aforementioned State of California AVASA program, which provides state reimbursement for the removal of abandoned vehicles from private and public property. Marked 110 abandoned vehicles (public and private property) receiving reimbursement revenue from state AVASA funds totaling $18,885 to date. Issued 2,667 parking citations totaling $141,435. A majority of the parking citations issued by the Code Enforcement Division are for illegal parking during scheduled street sweeping days and residential permit parking violations. Other violations include illegal disabled space parking, obstruction of fire hydrants/fire lanes, and various posted no parking zones. Issued 77 permits totaling $10,971 for processing various types of permits such as massage establishment, massage therapist, solicitor, handbill, and taxi cab drivers. Annual Division Revenue Summary: Total revenue generated by Code Enforcement, FY 09/10: $171,291 Total revenue savings from Code Enforcement, FY 09/10: $118,462 \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 41 of 37 180 Annual Report FY 2009-10 November 1, 2010 Maintained six days per week scheduling to cover specific athletic field use and neighborhood concerns. Expanded community education of code compliance through regular updates of the Know Your Codes section of the Code Enforcement Division web page and continued airing of a public service video on the City Channel related to abandoned vehicles. Continued responsibility of coordinating and maintaining all State Department of Justice fingerprint background records for all permit holders, City employees, and volunteers. Completed the First Responders Operations for Law Enforcement Field Support Course at the Holden Criminal Justice Training Center (16 hours). All Code Enforcement Staff also obtained and organized personal protective equipment to be kept in Code Enforcement Vehicles in case of a WMD/HAZMAT emergency. Obtained the Intermediate Code Enforcement Officers training certificate for two staff members. It is our intention that all staff with have their Basic, Intermediate, Advanced and Supervisory certificates within the next year. Expanded the Code Enforcement Office to incorporate a lobby area which includes a counter to greet customers and small conference table. Purged all expired files per the stated records retention schedule. Authored an ordinance related to the use of Administrative Citations, prepared a policy on use of Administrative Citations, ordered supplies/forms and conducted training for Code Enforcement Staff, Animal Control Staff and Sheriff’s Deputies in their use. Finalized a revision to the existing On Site Parking Ordinance and prepared for presentation to the Council. Continued revision/updates of the Standard Operating Procedure manual for Staff. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 42 of 37 181 Annual Report FY 2009-10 November 1, 2010 City Attorney’s Office The City Council is responsible for the selection and appointment of the City Attorney, a position that undertakes highly complex administrative and legal work in providing counsel for the overall municipal activities of the City as well as the Redevelopment Agency, commissions, committees, and staff. In addition to advice, the City Attorney drafts legal documents and engages in litigation, when necessary. The City Attorney’s office is staffed by two employees, Carol Korade, City Attorney and the Executive Assistant, Teresa Zueger. Legal Research and Interpretation A large and time-consuming part of the City Attorney’s job is legal research and interpretation of the law. This can include a review of statutes, their legislative history and the legislative intent, case law in state lower and appellate courts, federal law and federal case law, Attorney General Opinions, law review articles and legal opinions as well as drafting a legal opinion applying the legal findings to the question at hand. City Ordinances Cupertino passes new or amended ordinances each year, most of which become part of the Cupertino Municipal Code. The City Attorney’s Office is directly involved in the drafting and review of new and amended ordinances for legal soundness and plain meaning. In addition, the City Attorney’s Office reviews the existing City ordinances on an ongoing basis to be sure they conform to changes in state law and practice. During 2009-2010 the Council adopted 15 ordinances. Among the more significant ordinances adopted was a water efficient landscaping ordinance and a new chapter creating an administrative citation process to offer an alternative enforcement process for municipal code violations. Various revisions were made to the sign regulations and massage ordinance. A ballot measure adopting an ordinance amending the Utility Users Tax was passed by the voters in November 2009. Resolutions Over the course of a year, the City Council passes many more resolutions than ordinances. Most, if not all, of the resolutions are either drafted by or reviewed by the City Attorney. This involves both factual and legal research and writing. The City Attorney also drafts resolutions with Council findings regarding reconsideration of Council actions. During 2009-2010 the Council adopted 217 resolutions. City Policies City policies are drafted or reviewed by the City Attorney for legal sufficiency. In the last fiscal year the Public Records Act policy was drafted to provide an internal procedure to ensure timely and comprehensive responses to requests for public records. Contracts In the course of business the City enters into dozens of contracts each year. The City Attorney either drafts or reviews contracts and analyzes specific terms to protect the best interests of the City. Contracts drafted or reviewed include consultant contracts, contracts for public works, \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 43 of 37 182 Annual Report FY 2009-10 November 1, 2010 telecommunication agreements, purchasing agreements, development agreements, housing documents, building contracts and many others. The City Attorney’s Office is an active participant in contract negotiation when requested by the City staff and handles all contract claims filed against the City. Bidding Procedures The City Attorney’s Office advises on all bidding procedures in regards to current law and procedural regulations. The City engages in a wide range of bid activities from contacts on large public works to bids for the purchase of surplus lands, each having its own legal procedure. Franchise Agreements The City enters into and maintains a variety of franchise agreements including agreements for garbage service, utilities, fiber optics and telecommunications. All such agreements are drafted or reviewed by the City Attorney’s Office to protect the best interest of the City. Leases The City Attorney drafts or reviews all City leases, both leases for City property and leases entered into by the City for the lease of property of another. For leases of City property, the City Attorney’s Office also initiates and prosecutes unlawful detainer actions in the case of hold over tenants. Land Use Documents The City Attorney’s Office drafts, reviews or approves myriad documents related to land use projects including easements, development agreements, conditions on use permits, conditions in CC&Rs, covenants, deed restrictions, shared parking agreements, dedications and dozens of other legal documents regarding the use of land. Housing and Below Market Rate (BMR) Program The City Attorney’s office reviews documents related to the Housing and BMR Programs including lease and purchase agreements for legal compliance and compliance with the BMR manual. As noted in the lawsuits section, the City is actively pursuing two lawsuits seeking damages from former BMR homeowners. In addition, one former BMR homeowner lost his home to foreclosure although he had not violated any BMR Program agreements. In accordance with the BMR Program agreement, the City recovered $396,000 from the foreclosure sale proceeds and will use these funds toward replacing this home in the City’s BMR inventory. Elections The City Attorney advises the City Clerk and City Council on elections and ballot measures, in addition to providing legal analysis and draft summaries. Upon request, the City Attorney consults with the Fair Political Practices Commission to resolve campaign questions. Conflicts of Interest The City Attorney also keeps the City Council, staff and commissions apprised of changes in laws regarding conflicts of interest, political contributions, incompatible offices, ethics and election prohibitions. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 44 of 37 183 Annual Report FY 2009-10 November 1, 2010 Bankruptcies, Claims The City Attorney reviews any bankruptcy where the City is or may be a claimant and files the appropriate documents Claims and Lawsuits The City Attorney investigates and manages all claims filed with the City endeavoring to resolve disputes early and ensuring a timely response to requests for claims information. In addition to advising the Council regarding potential lawsuits, the City Attorney participates in both formal and informal negotiations including arbitration, mediation, meet and confer, and any other alternative dispute resolution process that may resolve the conflict prior to a lawsuit. When the occasional lawsuit occurs, the office either pursues the suit vigorously (City initiated lawsuits) or responds with Answer, Demurrer, Mandamus, Cross-Complaint, or other appropriate instrument. During the complicated course of any lawsuit, the City Attorney pursues every opportunity to reach a mutually satisfactory settlement before trial. Very few City lawsuits have gone to trial. During the past year, the City Attorney’s Office has been involved in the following: Critzer v. City of Cupertino - The Critzers, residents of a planned development of townhomes, filed a Writ of Mandate to force the City to withdraw a building permit for a bathroom window in a neighboring unit, claiming it interfered with their privacy. The City was successful at trial, but the Critzers appealed to the California Court of Appeals. The City was also successful at the Court of Appeals, but the Critzer’s appealed to the California Supreme Court which denied their petition for review, affirming the trial court’s decision. As of the end of the fiscal year, the Critzer’s have filed a Petition for Writ of Certiorari Review with the United States Supreme Court. The City Attorney anticipates an affirmation of the lower court’s ruling in the City’s favor. City of Cupertino v. Mansfield et al. – The City has sued the former owners of a BMR home who refinanced the home in violation of BMR Program restrictions and then lost it to foreclosure. The foreclosure sale produced no proceeds over and above those owed to the foreclosing lender, and the purchaser re-sold the home free and clear from further BMR Program restrictions. The City is seeking recovery from the former homeowners of funds with which to replace the home in the City’s BMR inventory. The former homeowners have filed a petition in bankruptcy, and City has filed pleadings in the bankruptcy case so that the City may participate in any distributions of money from the former owners’ bankruptcy estate. Nevertheless, the prospects for significant recovery are presently uncertain. City of Cupertino v. Yuen et al. – The City has sued the former owners of a BMR home who refinanced the home in violation of BMR Program restrictions and then lost it to foreclosure. The foreclosure sale produced approximately $212,450 over and above the amount owed to the foreclosing lender, and the City has received these funds. The purchaser at the foreclosure auction re-sold the home free and clear from further BMR Program restrictions. The City is seeking recovery from the former homeowners of funds that the City can use, in addition to the $212,450 it recovered from the sale, to replace the home in the City’s BMR inventory. Both the City and the former homeowners have conducted discovery, and negotiations are also underway. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 45 of 37 184 Annual Report FY 2009-10 November 1, 2010 Code Enforcement Code violations, while appearing minor on their face, can have a negative effect on the citizens of Cupertino. Most common code violations prosecuted include dangerous dogs, destruction of protected trees, sign violations, graffiti removal, massage establishment violations, home occupation violations, and noise abatement. The City Attorney is closely involved with advising the Code Enforcement staff on numerous matters and enforcing violations. When perpetrators of code violations cannot be brought into compliance, administrative citation or misdemeanor charges are initiated. Where applicable, the City may seek an injunction, temporary restraining order (TRO) or other civil action in civil court to gain compliance. This past fiscal year numerous code enforcement matters were referred to the City Attorney. Abatements The City Attorney’s Office works closely with Code Enforcement and the Building Division to handle nuisance abatements, which range from cutting weeds to demolishing substandard buildings. Inspection and abatement warrants are necessary when the officers or contractors must enter private property without the owner’s permission. Redevelopment Agency The City Attorney as Agency Counsel is an advisor to the Redevelopment Agency and, as such, a portion of the City Attorney salary is paid by that agency. It is the responsibility of the City Attorney to keep abreast of current redevelopment law, activities within the agency and advising the City Council regarding any redevelopment item before them. \\\\Cupertinosan\\groups\\City Manager\\Annual Report\\fy10 Annual Report\\Annual Report 2009-10 Final Draft.docx Page 46 of 37 185 PARKS AND RECREATION DEPARTMENT CITY HALL 1010UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:November 1, 2010 Subject Consider 2010-2011 Parks and Recreation Commission Work Plan. Recommended Action Approve the 2010-2011 Parks and Recreation Commission Work Plan. Background Each year the Parks and Recreation Commission develops a proposed work plan. The work plan is comprised of items referred byCity Council. These are items that educate the Commission n includes the issues identifiedby other Commissions at the joint City Council/Commissions meeting. The Commission began developing the work plan after City Council appointed Marcia St.Clair s appointment to fill a vacancyprovided the Commission with five members. The Commission had a work plan development session in September and adopted this proposed work plan in October. Discussion The work plan includes action items and informational items. The action items are: Consider parkspace requirements for new developers (from Planning Commission) Consider possible sites for cell towers in city parks (from TICC) Update on Stevens Creek Corridor Trail Phase II design and funding Consider traffic safety classes in Cupertino Parks andRecreation program offerings Update on Blackberry Farm Park and Stevens Creek Corridor policies Update on ducks and geese at Memorial Park Review proposed Parks Five-Year Capital Improvement Program 186 The informational items are: Presentation from Learning Together Initiative. Learning Together Initiative is a program of the First Five which focuses on getting resources to families with children five and under. The role of Parks and Recreation in economic development. This would be a presentation by Kelly Kline, Cupertino Economic Development and Redevelopment Director. Social Media follow-up. Last year,the Commission considered how social media could effectively be used by the Parks and Recreation Department. This discussion will include an updateon department social media activities. Stocklmeir Task Force update Lawrence/Mitty Park update Update on a possible Environmental Education Building at McClellan Ranch Park. Tank House update. This will include status of discussions with possible users of this facility. Report on how other cities are using Project Cornerstone and the 41 Developmental Assets for youth in Parks and Recreation programming. Presentation on lessons learned on the dog park community process. This presentation will be based on the discussion with participants on both sides of the issue. _____________________________________ Prepared by: Mark Linder Reviewed by: Donna Henriques Approved for Submission by: David W. Knapp, City Manager Attachments: 187 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 STAFF REPORT Agenda Item No. ____ Meeting Date: November 1, 2010 Subject Modifications to a Use Permit (U-2008-02) for an approved hotel by the Shashi Corporation Recommendation Consider approval of modifications to a previously approved Use Permit (U-2008-02) to reduce the amount of parking spaces including reductions (size and scope) in the restaurant/bar and conference areas, and clarify the green building requirement for an approved 138-room hotel. Description Modifications to a previously approved Use Permit (U-2008-02) to reduce the number of parking spaces, reduce the conference area from about 4,194 square feet to 1,000 square feet, reduce the restaurant/bar area and scope from public-serving to hotel patron-serving, clarify the green building requirement for an approved 138-room hotel. Application No: M-2010-07 Applicant: Dipesh Gupta (Shashi Corporation) Address: 10165 N De Anza Blvd. APN: 326-34-057 Background On October 26, 2010, the Planning Commission held its hearing and reviewed the application. It was recommended for approval on a 5-0 vote with modification to staff’s conditions of approval discussed later in the staff report (Attachments A & B). Please refer to the October 26, 2010 Planning Commission staff report for a comprehensive background of the project (Attachment B). Discussion Planning Commission Recommendation The Commission was generally supportive of the reduced parking request. The Commission discussed the appropriate level of parking demand for the hotel and the various factors that would influence the hotel parking usage such as valet service, shuttle programs, and proximity to large corporations, restaurants and shopping areas. The Commission also discussed a one-year review of the project to identify any potential issues, and possible ways to supplement project parking including: potential shared parking agreements with adjacent properties, and ancillary parking along Alves Drive if any parking issues arose. The Commission did not support the request to remove the 188 LEED (Green Building) requirement but provided clarified wording on the condition regarding the requirement to obtain LEED certification. However, in order to reduce the cost of the project, the Commission recommended that the public art requirement be waived instead to help further reduce the cost of the project (approximately $63,000 at a quarter percent of an approximately 25 million dollar project). The Commission felt that there is limited space on this property for public art and the high quality building architecture and materials would offset the loss of a public art piece. The Planning Commissioner recommendations are summarized as follow (See Attachment A for detailed wording): 1)Approve a parking ratio for the hotel of 0.60 spaces per guest room (83 parking spaces for a 138- room hotel). 2)Require valet parking up to 24 hours per day, 365 days per year, which would supplement parking up to 20% (providing a resulting parking ratio of 0.72 spaces per guest room). Applicant shall submit a valet parking plan to the City for approval prior to building permit issuance. 3)Require the applicant to provide a shuttle service for hotel guests. 4)Review project parking after one year of operation. If overflow parking problems are identified, the use permit shall be reopened and remedies shall be considered. 5)Reduce conference room area and restaurant/bar area and eliminate swimming pool to reflect a business service hotel per staff’s recommendation. 6)Clarify Condition #8 regarding LEED certification processing for this hotel project as follows: At the building permit stage, the applicant shall register his project with Green Building Certification Institute (GBCI). After the building permit has been finaled, the City may grant temporary building occupancy upon the completion and submittal of the LEED certification application for Silver designation to GBCI. Final building occupancy shall be granted by the City upon the granting of LEED Silver designation by GBCI or a determination by the Community Development Director that the applicant has made a good faith effort to obtain the LEED Silver building certification. 7)Waive requirement for public art (Condition #11) 8)Allow Director of Community Development to revoke use permit modification through a Director’s Minor Modification, except retain modified Condition #8 (Green Building) in permit. Staff Response to Specific Planning Commission Questions Waiving the Public Art Requirement The Commissioners asked if it were possible to waive the public art requirement as a mechanism to reduce project costs for the applicant. Staff response: In consultation with the City Attorney, staff notes that the public art requirement is both a general plan policy and ordinance and there is no provision to waive the requirement or reduce the percentage contribution toward the arts. The City Council, however, has the discretion to direct the applicant to work with staff to consider alternative and/or creative formats of art that can help reduce the cost to the applicant. Please note that the final art proposal would still need to be reviewed by the Fine Arts Commission. Parking Along Alves/Bandley Drive The Commission questioned the availability of street parking along Alves and Bandley Drive. 2 189 Staff response: Alves Drive between North De Anza Boulevard and Bandley Drive has an estimated 20-22 parking stalls on both sides of the street and discounting for existing driveways and the fire lane restriction that is required in front of the approved hotel. According to City Ordinance, there are no parking prohibitions or time-of-day restrictions on Alves Drive, but there are parking restrictions on North De Anza Boulevard and Bandley Drive. Potential Parking Mitigation The Commission asked staff to clarify what are some of the potential parking mitigations in the future if parking problem is identified. Staff response: If parking becomes an issue, even with the valet service and shuttle service, and the Planning Commission has the ability to modify the use permit conditions to remedy the parking problem. Available solutions include: Requiring the applicant to negotiate a long-term shared parking agreement with a nearby property owner who has available parking Formally crediting the Alves Street parking to the hotel, although the parking is already unrestricted Prohibiting the use of a fixed number of hotel rooms to bring the hotel operation in line with the available parking supply (last resort measure) Green Building Requirements At the Commission hearing, questions were raised on the process and timing of the green building certification. Staff response: The green building certification process will not delay temporary building occupancy. In fact, part of the certification process requires the building to be occupied and operating in order to monitor interior environmental conditions. The draft Green Building Ordinance, currently being reviewed by the city, applies to all building permits after the effective date of the ordinance, regardless of whether they were approved before the Green Building Ordinance was adopted. The applicant has been informed of this requirement. Therefore, if the request to waive the LEED requirement is approved for this project, it would only be applicable as long as the applicant applied for a building permit prior to the Green Building Ordinance becoming effective. Public Comments A resident who spoke at the original use permit hearing requested that the City should not approve the parking reduction request due to concerns on potential parking overflow onto nearby City streets or adjacent commercial properties. Further concerns were expressed that the City should not entertain crediting street parking for the hotel until it looks at existing street parking usage. Fiscal Impact 3 190 Construction and operation of the proposed 138-room hotel is estimated to add $463,600 annually in transient occupancy tax. Reduction in size and scope of restaurant and bar area will lower potential new sales tax revenues. Prepared by: Colin Jung, AICP, Senior Planner Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by: David W. Knapp, City Manager Attachments A. Planning Commission Resolution No. 6614 B. Planning Commission Staff Report dated 10/26/10 C. Approved Plan Set 4 191 192 193 194 195 ATTACHMENTB 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 STAFF REPORT Agenda Item No. ____ Meeting Date: November 1, 2010 Subject Appeal of an approval of a wireless service facility Recommendation Deny an appeal of a Planning Commission approval for a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Description Appeal of the following Planning Commission Approvals: Use Permit (U-2010-03) request to allow a personal wireless service facility, consisting of twelve panel antennas mounted on a 74-foot tall monopine and associated base equipment located at the Results Way office park. Height Exception (EXC-2010-04) request to allow antennas to be mounted on a monopine at a height of 67 feet or less where 55 feet is allowed. Tree Removal (TR-2010-31) request to allow the removal and replacement of four Coastal Redwood trees associated with the proposed personal wireless service facility. Property Location: Results Way (rear parking lot)/ APN 357-20-042 Applicant:Dave Yocke, Trillium Telecom (for AT&T Mobility) Appellant: Allen Wang, Grace Chen, Guo Jin Property Owner: ECI Two Results, LLC Background On September 14, 2010, the Planning Commission reviewed and approved (4-1 vote; Miller voting no) a proposal for a 74-foot tall AT&T wireless service monopine located in the northwest corner of the parking lot at the Results Way office park (Attachments B-resolution, C-hearing minutes, D- Commission staff report & L- approved plan set) The Commission noted that most of residents’ concerns related to perceived hazards of RF energy, and a radio frequency study determined that the cumulative radio frequency exposure (existing and proposed emissions) were well below federal 241 safety standards. The commissioners noted that federal law prohibits cities from making wireless facility decisions based on the environmental effects of radio frequency emissions that met federal standards. Generally, the Commissioners felt that the monopine was well-designed and given its location and context, the facility would not be visually obtrusive. Commissioner Miller voted no on the project. He felt the monopine was too visible at the proposed location, being over twice the height of the existing trees. The Planning Commission hearing was well attended and comments were received from both supporters, as well as those who opposed the project. Please see Attachment I for the numerous emails and letters received. For a detailed Planning Commission hearing discussion, please refer to the September 14, 2010 Commission meeting minutes (Attachment C). The Planning Commission decision was appealed by three residents on September 28, 2010 (Attachment A). Discussion The basis of the appeal is described below followed by staff comments in italics.Where the applicant has provided the response, at the request of staff, the comments are so noted: 1. The application does not meet the minimum aesthetic requirement established in City of Cupertino’s Wireless Facilities Master Plan. Appeal Point 1(a): It violates the following policy: Policy 6-1: Personal wireless service facilities should be sited to avoid visually intrusive impacts as viewed from the public right-of-way and from residential neighborhoods. “The artificial tree will be highly visible especially from nearby residents and pedestrians, passersby and commuters who traverse Bubb Road and McClellan Road.” Staff Response: The Glossary of the City’s Wireless Master Plan (p. 38) describes a visually “intrusive” impact as a wireless facility “that visually contrasts with its surroundings to the point of conflicting with it, but not to the extent of visually dominating the surroundings.” The project does not visually contradict its surroundings as it has been camouflaged as a tree and it is sited in a large landscape strip with other trees of similar shape. The Facilities Master Plan Siting and Design Guidelines for Lattice Towers and Monopoles recommends that: “Intrusive and Obtrusive monopoles should be camouflaged as artificial trees. Since such artificial trees appear more authentic when placed next to real trees, the planting of larger trees near the monopole may be a project requirement.” The project is already sited in a wide landscape berm with other trees of similar form (Coastal Redwoods). The Planning Commission approval included the rehabilitation of the irrigation system and the planting of three 24” box Coastal Redwoods in the northwest corner of the property. Trees planted in this location would have the most beneficial effect in screening views of the project for nearby Astoria residents. 2 242 The monopine is most visible in the vicinity of Imperial Avenue and Olive Avenue. It has limited visibility to McClellan Road as it is separated by over 1,400 feet of landscaping with tall, mature trees and over 650 feet of intervening landscaping and buildings to Bubb Road. Appeal Point 1(b): It violates the following policy: Policy 6-2: Personal wireless service facilities shall be appropriately scaled to fit harmoniously with the surrounding elements of the site and neighborhood. The proposed 74’ tall cellular phone tower will be significantly taller than its surrounding buildings. Existing surrounding structures do not exceed 30 feet; the proposed monopole will be more than 40 feet taller than existing structures. The proposed tower will be an eyesore, as it is significantly taller. Existing landscaping has a height similar to the surrounding buildings of approximately 30 feet. Staff Response: It is more appropriate to make height comparisons between the proposed monopine with the existing vegetation, rather than the buildings. The project lot is large and the topography varies. While the redwood trees (25-35 feet tall) immediately around the monopine (74 feet) are much shorter, the closest building is 265 feet away and is on a grade 10 feet higher than the proposed facility. Ideally to make the monopine blend better with the surrounding, it should be located near those existing trees of comparable height in the landscape strip; however, those taller trees directly abut residences and the 75-foot setback requirement between a wireless facility and a residential property line could not be met. The 74-foot height for the monopine is needed for two reasons: 1)The monopine must be tall enough to see over the buildings in order to provide cell coverage to residential neighborhoods and schools south of the project site; and 2)Provide an opportunity for another wireless carrier to collocation its antennas on the monopine. The City requires wireless carriers to consider collocation opportunities when they propose new monopoles in order to reduce the proliferation of new wireless facilities and if it will reduce the visual intrusiveness of having more new facilities in the area. Given the difficulty of finding suitable wireless facility sites in this area and the fact that two other wireless carriers are looking for a Monta Vista location, makes this monopine a strong candidate for collocation. AT&T has indicated to staff that the 74-foot height is the minimum height needed for the carrier to meet its coverage objectives for the area, regardless if whether the collocation of antennas is permitted in the future or not. Appeal Point 1(c ): It violates the following policy: Policy 6-3: Personal wireless service facilities shall be compatible with their surroundings so that their shape, size, color, material, and texture blend with their surroundings. It does not blend in with the current landscape. Existing landscapes have height similar to the surrounding buildings, of approximately 30 feet….The proposed cell tower will be significantly taller, does not visually integrated, and does not enhance the natural appearance. Current 3 243 Cupertino City Ordinance – and specifically the Monta Vista neighborhood – does not allow structures or buildings exceeding 30 feet. Staff Response: The difference in height between the monopine and surrounding structures has been answered in the previous response. The Wireless Communications Facilities Ordinance (CMC Section 19.108, Attachment G) permits a maximum structure height of 55 feet. Taller structure heights may be allowed with a height exception approval. New wireless facilities with similar heights have been approved by the City in the past. The wireless facility has been designed to be compatible with its surroundings with faux bark, branching limbs and needle covers on the antennas to hide the antennas (Attachment F- photosimulations). Additional conditions were approved by the Planning Commission to give the monopine a more natural appearance. They include mottling the green color of the artificial needles and shaping and adding branching to give it a more natural appearance. Another condition requires the applicant to perform regular maintenance to maintain the appearance of the monopine. 2. The application does not meet the safety requirement established in the City of Cupertino’s Wireless Facilities Master Plan. It violates the following policies: Policy 7-1: The City reserves the right to require applicants to prepare radio frequency radiation assessments for personal wireless service facilities when the general public is in reasonably close proximity to such a facility and to determine compliance with FCC Guidelines. Policy 7-2: The City shall require a radio frequency radiation assessment for all co-located antennas. (The concern is for cumulative emissions exceeding the FCC Guidelines). The radio frequency radiation study done by Hammett & Edison, Inc. Consulting Engineers, dated August 20, 2010 is outdated and was based on twelve antennas mounted at an effective height about 65 feet above ground. A new study should be done based on the bottom elevation (about 56’ above ground) of the lower tier of the antennas proposed and also the bottom elevation of future antennas proposed at lower elevations. A radio frequency radiation study should be done to calculate the combined emission by all carriers and sources at the proposed location and future towers planned by AT&T and other carriers. AT&T has not established the need for twelve antennas for this application. In last year’s application, AT&T had proposed six antennas. The City should not approve more antennas than actually needed to improve coverage. Staff Response: A last minute design change lowered the height of six of the twelve proposed antennas from 65 feet to 56 feet. An updated radio frequency study for the revised 12-antenna design (Attachment J) with the lowered tier of antennas demonstrates that the radio frequency energy exposure plus the contribution from the existing, next door, Sprint-Nextel personal wireless service facility is still well within the Federal safety standard. The maximum calculated cumulative level of radio frequency emissions at ground is 0.73% of the maximum permissible exposure (MPE). At the second floor elevation of any nearby residence, the exposure is 0.92% of the MPE. On the rooftop of any nearby non-residential building, the exposure is estimated to be 2.4% of the MPE. 4 244 According to the applicant, the number of antennas has changed from the initial six requested in the 2009 application to the 12 requested as part of this application because it would allow AT&T the flexibility to add additional antennas as new technology is deployed. The proposed 12 antennas have been included on all drawings, photo-simulations, project descriptions and in the City staff report. Furthermore the Hammett & Edison radio frequency energy report based its analyses and conclusions of the facility utilizing all 12 antennas operating at maximum power levels. Condition No.9 in the Planning Commission resolution (Attachment B) requires annual monitoring and testing for a period of three years from the date of final occupancy approval. Also, as stated in the Planning Commission staff report, staff will require a new radio frequency energy study when a future antenna collocation proposal is made. Staff normally requires a new radio frequency study whenever an antenna collocation occurs, but the City Council may add it as a requirement to its action on the appeal. 3. Planning commissioners, city staffs and residents have never seen a correct coverage map based on the proposed location. An updated coverage map with the proposed monopole correctly placed on the mentioned site should be studied and reviewed. The City should not approve a wireless facility application without even seeing a correct coverage map based on actual proposed location. Three different coverage maps have been available: The first coverage map included with the Planning Commission staff report shows the proposed facility near the intersection of Imperial Avenue and McClellan Road. If the facility is incorrectly placed on the map, then the proposed coverage area is likely wrong too. The second coverage map from AT&T’s website (www.wireless.att.com/coverageviewer/, with zip code 95014) shows good coverage for most of Monta Vista. The third coverage map was presented by AT&T’s representative at the September 14, 2010 Planning Commission Hearing shows that at the proposed facility site that there is no/limited coverage. Staff Response: Please see Attachment K for the updated coverage maps (showing existing and proposed coverage) with the location of the facility accurately depicted. The applicant states that its website (www.wireless.att.com/coverageviewer) coverage maps were developed to allow existing and potential AT&T customers the ability to view the general level of coverage in a geographic area. AT&T included a statement on the website to ensure viewers understand the limitations of the website, noting that actual coverage area may differ substantially from map graphics, and coverage may be affected by such things as terrain, weather, foliage, buildings and other construction, signal strength, customer equipment and other factors. AT&T also noted that the maps shown on the AT&T web page are intended for use for the general public and are not as detailed as the radio frequency engineering maps submitted to the city and discussed at the planning commission public hearing. The radio frequency coverage maps are based on data taken in the field and sophisticated computer programs and models that provide a graphical representation of existing coverage as well as coverage if the proposed facility is built. Wireless 5 245 networks are dynamic and their performance is influenced by a number of factors including the geography of the surrounding area, heights of existing trees and buildings, locations of surrounding sites and the number of users accessing the network. The level of coverage in a geographic area served by a wireless facility is also impacted by these factors. 4. It was mentioned at the Planning Commission hearing that at times cell coverage was good in Monta Vista. It was also mentioned that there was a significant degradation in coverage especially during after-school hours and after-work hours when many parents are calling their children. More than 4,400 students plus teachers and administrators arrive at school and are dismissed within a 30-60 minutes interval. Given this, if this is the problem, then capacity issues may be misconstrued as “poor coverage.” This issue still needs to be explored and discussed. The need for the facility is not clear-cut, perhaps other alternatives can resolve this issue. Staff response: The applicant states that the level of coverage in a geographic area served by a wireless facility is impacted by numerous factors, including the geography of the surrounding area, heights of existing trees and buildings, locations of surrounding (wireless facility) sites and the number of users accessing that facility at any given time. For instance, sites located near freeways usually have peak times that correspond to the peak traffic hours on the freeway. As traffic increases on the freeway, more people in the same geographic area are attempting to make calls and once the wireless network reaches capacity, no more calls can be initiated and existing calls may be dropped. So, even though there may be “coverage” in an area, the level of service may be lower than expected due to an increase in network traffic. Staff notes that the 2007 Technology, Information and Communications Commission survey of cell phone users in Cupertino documented that the Monta Vista/Kennedy Schools/Bubb Road/McClellan Road area was the number one poor cell phone coverage area in Cupertino Staff also believes that the perception of “good” cell phone coverage has also evolved over the years. Historically, consumers used cell phones when they were mobile (i.e. outdoors). Nowadays, consumers expect their cell phones to operate at work and at home (i.e. in buildings). In general, low-power radio signals are inadequate to provide good in-building coverage and wireless networks must be built-up and expanded in order to provide better in-building cell phone coverage. 5. Alternative locations and structures should expand to larger areas. Since the proposed location will not improve coverage effectively, it is necessary to study alternative locations, at nearby parks, near freeways and existing office buildings. It is also clear that a smaller structure, such as roof-mounted antennas at the center of coverage gap may suffice in improving the coverage in this area, instead of the 74-foot tall treepole. Half of Monta Vista area has good coverage, namely from Sprint-Nextel & Verizon Wireless, and yet there is no Sprint or Verizon cell phone tower near the residential area. Why is a 74-foot tall monopole the only viable solution to improve AT&T coverage? Had AT&T really explored all alternatives? Can roof-mounted antennas serve as a potential solution? 6 246 Staff Response:Sprint-Nextel’s wireless facility is located on Imperial Avenue next door to the Astoria Townhomes; the closest Verizon Wireless site is on the De Anza College campus. Staff has summarized AT&T’s and city staff’s 5-year search and evaluation for a suitable Monta Vista wireless facility site in the Planning Commission staff report (Attachment D). As part of their due diligence, AT&T also approached other property owners in the general area including, the following: Potential Co-Location Opportunity: 10420 Bubb Road, Cupertino – The property owner and AT&T were not interested in pursuing a lease due to lack of room for a facility. Other Alternative Locations Explored: Monta Vista High School - The project was subsequently approved by the city however, due to concerns raised by parents and neighbors, the school board declined to enter into a lease agreement to permit the facility to be constructed. At that time, suggestions were made by opponents of the project and city staff to move the location of the facility out of the residentially- zoned areas and look at commercial properties to the northeast that had sufficient space to accommodate the proposed use. 21495 McClellan Road, Cupertino –The property owner and AT&T were not interested in lease due to lack of room for a facility. Industrial Areas to the East-These were reviewed and had no available space (without taking up parking spaces) or were too close to the freeway where AT&T currently has coverage from existing facilities to the northeast and southeast. Utility Poles – these are used in extreme locations where a standard wireless facility cannot be built (steep hillsides, public right-of-way, etc.). If utility poles are used, height is compromised and it would take multiple facilities to obtain the same coverage that one standard facility (such as the one proposed) can obtain. Sites on Results Way - The applicant submitted an application to the city in 2008 to place the proposed facility near the southwest corner of the office park. This initial site was rejected by staff, so the applicant sought an alternate location in the rear parking lot landscape strip near the building. This site was reviewed at a Planning Commission hearing but the application was ultimately withdrawn because of conflicts with a utility easement. A third location on the property was proposed by the applicant in June 2010 (current proposal). Due to future development plans on the subject property and proximity to existing utility easements and overhead power lines, the current location was ultimately selected as a compromise location that met the requirements of the city while allowing AT&T to meet most of the original coverage objectives. 7 247 Staff notes that the Results Way Office Park consists of three separate parcels. The entire focus of the current application has been on the rear parcel that is furthest away from McClellan Road. Most other alternative sites on the properties were not feasible because of the property owner’s approved redevelopment plans, utility easements and closer proximity to residential properties. Selection of an alternative site on the other two parcels would require a separate City review. Prepared by: Colin Jung, AICP, Senior Planner Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by: David W. Knapp, City Manager Attachments A.Appeal of U-2010-03, EXC-2010-04 and TR-2010-31 dated 9/28/10 B.Letter to Applicant & Planning Commission Resolution No. 6604 C. Planning Commission Meeting Minutes from 9/14/10 D. Planning Commission Staff Report dated 9/14/10 E. Santa Clara County Sheriff’s Letter dated 6/23/10 F. Photosimulations of monopine (3) G. AT&T Facility Alternate Sites Aerial Map H. Communications from TIC Commissioners I. Public Correspondence: Emails and Letters J. AT&T Mobility Proposed Base Station (Site No. CN3242A)/Results Way, Cupertino, California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10 K. Existing and Proposed Coverage Maps (updated) L. Planning Commission-approved Plan Set 8 248 ATTACHMENTA 249 250 251 252 253 254 255 256 257 258 259 260 261 AttachmentB 262 263 264 265 266 ATTACHMENTC 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 AttachmentD 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 ATTACHMENTI 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Consider scheduling a Study Session on current Capital Improvements Program Projects. Recommended Action Schedule a study session for November 16, 2010 at 5:00 pm. Discussion Staff is preparing a spreadsheet on all the current CIP projects and their account balances. The spreadsheet will specify what work has been completed to date on the project, amounts spent to date and the funding sources for each account. The spreadsheet will be delivered to City Council by November 4, 2010. _____________________________________ Prepared by: Carmen Lyanugh Reviewed by: Terry W. Greene, City Architect Approved for Submission by: David W. Knapp, City Manager Attachments: none 438 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new waste management and recycling Recology Franchise Agreement. Recommended Action Conduct second reading of Ordinance Nos. 10-2069 and 10-2070. Description A. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; B. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement. Discussion During the first reading of ordinance 10-2069 on September 21, 2010, Public Works staff recommended additional language for Cupertino Municipal Code Section 6.24.110, which Council approved. The approved language has been included in the ordinance to provide clarification related to home compost bins on private property, indicating that such bins are allowed and supported by the City. All other aspects of the proposed municipal code changes, which were made and approved by Council on September 21, 2010 to provide consistency between Section 6.24 of the Cupertino Municipal Code and the City’s new and improved Franchise Agreement. 439 The following summarizes revisions to both Chapters 6.24 and 16.72 of the Cupertino Municipal Code: Chapter 6.24 6.24.050 Adds language to limit the amount of time recyclables may be accumulated in recycling toters before being redeemed. Recyclables often have food residue which may attract rodents and cause foul odors and / or may become a significant fire hazard. The current code has no such provision. 6.24.300 Updates language to reflect the evolution from landfilling garbage (current code) to promoting recycling and reuse (new code) and to specify the City’s obligation to its Franchise Agreement as well as to State requirements pertaining to the containment of waste material so that it does not threaten local environmental health. 6.24.325 and 6.24.330 Both sections add language which provides for enforcement through the City’s administrative citation process. Chapter 16.72 16.72.060 Provides clarification to the language regarding the administrative fee, which is not mandatory unless specified in the City’s fee schedule. 16.72.070 Failure to comply with the existing reporting requirements may now delay final inspection. Amendments to Chapter 16.72 make it consistent with Chapter 6.24 and with the new Recology Franchise Agreement. _____________________________________ Prepared by: Cheri Donnelly Reviewed by: Ralph Qualls, Director of Public Works Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Ordinances 10-2069 and 10-2070 440 ORDINANCE NO. 10-2069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 6.24 OF THE CUPERTINO MUNICIPAL CODE TO REVISE AND RE-TITLE THE EXISTING FRANCHISE ORDINANCE, GARBAGE–LOS ALTOS GARBAGE COMPANY, AS GARBAGE AND RECYCLING COLLECTION AND DISPOSAL TO REFLECT THE CITY’S UPDATED WASTE MANAGEMENT AND RECYCLING PROGRAMS AND TO PROVIDE TERMINOLOGY CONSISTENT WITH THE NEW FRANCHISE AGREEMENT WITH RECOLOGY. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1.Code Amendment.Chapter 6.24 of the Cupertino Municipal Code is hereby amended to read as follows: GARBAGE AND RECYCLING COLLECTION AND DISPOSAL Section 6.24.010 Purpose of chapter. 6.24.020 Definitions. 6.24.030 Mandatory garbage collection service; owner responsibility. 6.24.040 Commencement of garbage collection service. 6.24.050 Frequency of disposal. 6.24.060 Method of garbage,compostablematerials and recyclables disposal. 6.24.070 Garbage compostable materials and recyclables containers. 6.24.080 Inappropriate containers. 6.24.090 Burning restrictions. 6.24.100 Disposal of explosive or hazardous material restrictions. 6.24.110 Unauthorized disposal prohibited. 6.24.120 Franchise granting authority. 441 6.24.130Deleted. 6.24.140 Deleted. 6.24.150 Charges for garbage collection service. 6.24.160 Failure to pay for garbage collection service. 6.24.170 Notification of delinquency. 6.24.180 Assignment of delinquent account. 6.24.190 Lien initiation. 6.24.200 Notice of hearings on liens. 6.24.210 Administrative hearing on liens. 6.24.220 Public hearing on liens. 6.24.230 Recording of lien. 6.24.240 Collection of delinquent charges as a special assessment. 6.24.250 Report of delinquent charges for special assessment. 6.24.260 Levy of special assessments. 6.24.270 Collection of special assessment. 6.24.280 Continuing appropriation account. 6.24.290 Recycle centers. 6.24.300 Unauthorized garbage collection. 6.24.305 Containers stored in trash enclosures. 6.24.310 Interfering with garbage collection service. 6.24.320 Unauthorized use of garbage collection service. 6.24.325 Rules and regulations adopted. 6.24.330 Violation–Misdemeanor. 442 6.24.010 Purpose of Chapter. This chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Cupertino. 6.24.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise: 1. “City” means and includes all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein. 2. “Collection station” means the location at which containers of garbage, recyclables and compostable materials are placed for collection by the authorized garbage collector. 3. “Compostable Materials” means organic materials, including but not limited to, material generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, food and non-food vegetative matter, soiled paper, and cardboard and waxed cardboard that decompose biologically. 4. “Construction and demolition debris” or “C&D debris” means materials resulting from the construction, remodeling, or demolition of buildings and other structures. “Construction and demolition debris” includes, but is not limited to, concrete, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations and is subject to the provisions of Chapter 16.72. 5. “Debris box service” means collection service in containers without compaction that have a capacity of eight (8) cubic yards or more. Debris boxes may be used for the collection of recyclable and compostable materials, or garbage, and may be used for construction and/or demolition debris that may or may not be intended for full or partial recycling or other waste diversion. 6. “Delinquent” means a failure of the recipient of garbage collection service, or of the property owner, to pay when due all charges owed to the garbage collector for garbage collection service rendered or to be rendered. 7. “Director” means the Director of Public Works and his/her duly authorized agents and representatives. 8. “Dwelling” means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. 443 9. “Finance Director” means the Finance Director and his/her duly authorized agents and representatives. 10. “Garbage” means all materials, substances or objects that are discarded, including but not restricted to, materials, substances or objects commonly referred to as “trash,” “garbage,” “refuse” and “rubbish” that are produced, generated or accumulated by all residential, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activities within the City, the collection of which is regulated through the franchise agreement existing between the City and the authorized garbage collector; provided, however, that “garbage” does not include (a) hazardous materials, (b) recyclable materials, (c) compostable materials, (d) construction and demolition debris, (e) biomedical waste, (f) ash, and (g) sewage and other highly diluted water-carried materials or substances and those in gaseous form. 11. “Garbage collector” means any person or entityauthorized by the franchise agreement between the Franchisee and the City, in accordance with Section 6.24.120 of this chapter, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. 12. “Garbage collection service” means the collection, transportation and disposal of garbage, compostable materials and recyclables by an authorized garbage collector. 13. “Hazardous materials” means any or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous materials includes, but is not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage permit is required. 14. “Multiple-unit dwelling” or “multiple family dwelling” means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. 15. “Nonresidential premises” means all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation. 16. “Occupancy”; “occupied”: Premises are “occupied” when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence 444 is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. 17. “Owner” means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided. 18. “Person” includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. 19. “Premises” means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. 20. “Recyclables” or ”Recyclable Material” mean those materials that can be returned to economic use as raw materials for new, reused or reconstituted products, which prior to collection are separated by the generator from other material treated as garbage. Examples of Recyclables include, but are not limited to: newspaper, cans, corrugated cardboard, glass, certain types of plastic, metals, wood, automobile oil, and compostable items such as food and yard waste. “Mixed Recyclables” means more than one type of Recyclable Material commingled in a bin, debris box, compactor or other type of container. This material includes, but is not limited to wood, paper, plastic, metals, glass, and other dry waste. The material must not have more than 10% putrescrible or non-recyclable waste. “Single Source Separated Recyclables” means any Recyclables that, prior to collection, are or have been separated or segregated by their generator as to type or category of material and are or have been placed into separate containers according to type or category, i.e. all metal is separated from other recyclables and placed in its own separate container or separate debris box. 21. “Residential premises” means any single-unit dwelling or multiple-unit dwelling. 22. “Single-unit dwelling” means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single-family residential zoning district, shall constitute a separate single-unit dwelling to which garbage collection service is provided, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. 23. “Tenant” means any person or persons, other than the owner, occupying or in possession of a premises. 445 6.24.030 Mandatory Garbage Collection Service–Owner Responsibility. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for at least the minimum level of garbage collection service made available to that premises by the garbage collector, as specified in the franchise agreement between the city and the garbage collector executed pursuant to Section 6.24.120 of this chapter. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for a level of service sufficient to provide for the collection of all garbage generated on the property. Customers at non-residential properties must subscribe to services on a regular weekly basis sufficient to prevent container or bin overages and, where necessary, to extra services to prevent overages. The charges for garbage collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any garbage to be collected on any particular collection date during such occupancy. Occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation to pay for garbage collection service as provided herein. 6.24.040 Commencement of Garbage Collection Service. The owner or tenant shall commence garbage collection service within ten days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the Director may give written notice to the owner or tenant that garbage collection service is required. If service is not initiated by the owner or tenant within ten days after the date of mailing the notice, the Director shall authorize the garbage collector to begin and continue providing the minimum level of garbage collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization. 6.24.050 Frequency of Disposal. No more than one week’s accumulation of garbage shall be kept or permitted to remain upon any premises in the City. At least once a week, all garbage produced, kept, deposited, placed or accumulated within any premises in the City shall be disposed of in accordance with the provisions of this chapter. Dry recyclables and compostable materials may be accumulated for up to one month (if necessary to reasonably fill the collection container), so long as they are not stored within view of the public right of way and are kept in appropriate containers. 6.24.060 Method of Garbage, Compostable Materials and Recyclables Disposal. All garbage, compostable materials and recyclables shall be disposed of by delivery of each container to an authorized collection station, located as to be readily accessible for 446 the removal and emptying of its contents by the garbage collector. Recyclables and compostable materials may be dealt with as set forth in Section 6.24.300. 6.24.070 Garbage, Compostable Materials and Recyclables Containers. A. All garbage, compostable materials and recyclables containers shall be kept in a sanitary condition with the lid closed or cap secured, except when being loaded or unloaded. B. Garbage, compostable materials and recyclables containers for residential premises shall be provided by the garbage collector and be sized based on the level of subscription for services requested by the resident. Containers shall not be loaded with more materials than will fit in the container with the lid closed or cap secured, or in excess of the weight limit marked on the container. Garbage containers for commercial premises shall be provided by or approved by the garbage collector. C. Garbage, compostable materials containers and recycling containers shall be collected by the garbage collector when the containers are placed outside of the premises; provided, however, that the collection may be made at such other location upon approval by the Director, based on the services subscribed for by the resident. D. Garbage containers, compostable materials containers and recycling containers shall be placed at the authorized collection station not more than twenty-four hours before the scheduled collection time, unless the resident subscribes for ‘Walk-Up’ services. Such containers shall be removed from the collection station within twenty-four hours after collection. Containers provided by the garbage collector shall not be moved or removed by any person other than the garbage collector. E. All bins, boxes, and containers of one cubic yard or more shall be identified with the name and telephone number of the collector servicing the bins, boxes and containers. 6.24.080 Inappropriate Containers. It is the duty of the authorized garbage collector, unless otherwise allowed under the current franchise agreement, to provide the bins, boxes and containers. The use of garbage, compostable materials and recyclingcontainers which do not meet the standards set forth in Section 6.24.070 of this chapter shall be subject to regulations prescribed by the Director, including appropriate additional charges to be paid the garbage collector for the collecting and transporting of the inappropriate containers or waste contained therein. 6.24.090 Burning Restrictions. It is unlawful for any person to bum, or cause to be burned, any garbage within the City or to burn, or cause to be burned, any waste upon public streets, ways or alleys. Dry waste may be burned by owners or producers thereof on privately owned property only when the hours and conditions of such burning have been approved in advance by the Fire Marshal. 447 6.24.100 Disposal of Explosive or Hazardous Material Restrictions. No person shall deposit in any garbage compostable materials or recyclingcontainer any explosive, highly inflammable or otherwise hazardous material or substance. 6.24.110 Unauthorized Disposal Prohibited. It is unlawful for any person or entity in the City to throw, deposit or store refuse, garbage or waste, or to cause the same to be thrown, deposited or stored, upon any street, alley, gutter, park, or other public place. Furthermore, no property owner and/or occupant with control over any premises shall keep or maintain any garbage, recyclables, compostable materials, or any waste effluent such as grease or oil on any premises within the City other than in containers as required by Section 6.24.070 and / or any other provisions of this chapter.Waste water must go to the sanitary sewer; if it contains oil or grease a grease trap may be required Nothing contained in Section 6.24.070, Section 6.24.080 or this Section 6.24.110 shall prevent a property owner and/or occupant with control over any premises from keeping or maintaining compostable materials in a home composting bin designed and intended for home composting. Home composting materials and containers shall not be stored in public view. 6.24.120 Franchise Granting Authority. The City Council may award an exclusive franchise to any person or entity the Council believes is qualified to perform garbage collection service. Such franchise agreement shall require the garbage collector to render service to all residential and commercial premises within the City in accordance with the provisions of this chapter and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this chapter. 6.24.130 Deleted 6.24.140 Deleted 6.24.150 Charges for Garbage Collection Service. The City Council reserves the right to establish by resolution a schedule of rates and charges for all levels of garbage collection service to be rendered by the garbage collector, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the City and the garbage collector. 6.24.160 Failure to Pay for Garbage Collection Service. The garbage collector shall be entitled to payment from either the owner or the recipient of garbage collection service for any services rendered or to be rendered. Upon 448 failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in Sections 6.24.170 through 6.24.270 of this chapter. Garbage collection service shall not be discontinued by reason of any failure to pay the charges for such service. 6.24.170 Notification of Delinquency. If a bill for garbage collection service remains delinquent for thirty days, the garbage collector shall be entitled to collect a late charge in such amount as approved by the City Council. The garbage collector may, at any time after such thirty-day period, send or deliver notice of delinquency to the owner indicating the amount owed for garbage collection service, the amount of late charge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises. The form of delinquency notice shall be approved by the Finance Director. 6.24.180 Assignment of Delinquent Account. In the event the bill for garbage collection service, together with any late charge thereon, is not paid within thirty days after the date of mailing the notice of delinquency to the owner, the garbage collector may assign such bill to the City for collection through the initiation of lien and special assessment proceedings in accordance with this chapter. The assignment shall include the name and address of the owner, the assessor’s parcel number of the premises, the period of garbage collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the Finance Director together with a copy of the notice of delinquency mailed or otherwise delivered to the owner. 6.24.190 Lien Initiation. Upon the City’s receipt of the assignment from the garbage collector, the Finance Director shall prepare a report of delinquency and initiate proceedings to create a lien on the premises to which the garbage collection service was or will be rendered. The Finance Director shall fix a time, date and place for an administrative hearing by the Finance Director to consider any objections or protests to his report. 6.24.200 Notice of Hearings on Liens. The Finance Director shall send written notice of the administrative hearing to the owner of the premises against which the lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the Finance Director. A copy of the notice shall also be mailed to the garbage collector. The notice shall set forth the amount of delinquent garbage collection service charges, the amount of any late charge thereon, and the possible lien and administrative charges as provided in Section 6.24.230 of this chapter. The notice shall also inform the owner of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by 449 the City Council, and advise the owner of his right to appear at both the administrative hearing and the public hearing to state his objections to the report or the proposed lien. 6.24.210 Administrative Hearing on Liens. At the time and place fixed for the administrative hearing, the Finance Director shall hear and consider any objections or protests to his report. The Finance Director may correct or modify the report as he deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his decision. The Finance Director shall thereupon submit a final report to the City Council for confirmation and shall furnish a copy of such report to the garbage collector. 6.24.220 Public Hearing on Liens. The City Council shall conduct a public hearing to consider the Finance Director’s final report at the time and place set forth in Notice described in Section 6.24.200 of this chapter. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or modify any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto, shall be final and conclusive. 6.24.230 Recording of Lien. Upon confirmation by the City Council of the final report, the Finance Director shall cause to be recorded in the Office of the Recorder for Santa Clara County, a lien against each premises described in the report for the amount of delinquent garbage collection service charges and late charges as confirmed by the City Council. The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to Section 6.24.200 of this chapter shall be notified by the Finance Director that the service charges, charges and administrative charges are due and payable to the City and that said lien has been recorded. 6.24.240 Collection of Delinquent Charges as a Special Assessment. The finance director shall initiate proceedings to levy as a special assessment against the premises described in the lien recorded pursuant to Section 6.24.230 of this chapter, the sum of delinquent garbage collection service charges, late charges and administrative charges, plus an assessment charge as established by resolution of the City Council. 6.24.250 Report of Delinquent Charges for Special Assessment. A report of delinquent charges shall be prepared by the Finance Director and submitted to the City Council for confirmation. The report shall indicate all charges for 450 which a lien has been recorded pursuant to Section 6.24.230 of this chapter, which remain unpaid as of the date of the report. 6.24.260 Levy of Special Assessments. Upon confirmation by the City Council of the Finance Director’s report as rendered or modified, the delinquent charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Finance Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for Santa Clara County with instructions to enter the delinquent charges as special assessments against the respective premises described in the Finance Director’s report. The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the owner. 6.24.270 Collection of Special Assessment. The special assessment shall be collected at the same time together with and in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all delinquent charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. 6.24.280 Continuing Appropriation Account. There is hereby created in the general fund a continuing appropriation account entitled “Payment of Delinquent Charges For Garbage Collection Service.” This account shall be credited with such sums as may be appropriated by the City Council, all delinquent service charges, late charges and administrative charges collected by the Finance Director, and all amounts remitted by the Tax Collector for Santa Clara County representing special assessments collected pursuant to Section 6.24.270 of this chapter. The delinquent garbage collection service charges and late charges shall be disbursed from said account to the garbage collector promptly upon receipt of such payments. The administrative charges and assessment charges shall be retained by the City. 6.24.290 Recycle Centers. The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such centers. The City may contract with the same garbage collector awarded the franchise for garbage collection service or with any other party for the processing and transportation of the recyclable material collected at a recycle center. The City Council may, from time to time by 451 resolution, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center. 6.24.300 Unauthorized Garbage Collection. No person shall collect any garbage, mixed recyclables, or construction and demolition materials from debris boxes, compactors and bin-by-the-day services, produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as garbage collector. The City shall notify any person or entity violating this section that the prompt and permanent removal of any collection bin, box or container from the place or premises is required. The following situations are exempt from this section: A) Transporting garbage or recyclables that have been generated on the property by the owner of the property or by an individual or entity personally assisting the property owner. B) Collection of recyclable materials which have been source separated from other garbage by the generator and which the generator sells or donates to any other person or organization, or any recyclable materials which have a value equal to or more than the cost of collection. C) Removal of construction, remodeling or demolition debris as part of a total service offered by the contractor, where the removal is performed by an employee of the contractor using equipment owned by the contractor. D) Removal of green waste or plant trimmings by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor. E) Collection of grease wastes from grease bins, grease traps or grease interceptors. F) Collection of horse manure from residences or non-residential properties. G) Collection of hazardous materials. H) Collection of non- hazardous material that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes). 6.24.305 Containers Stored in Trash Enclosures. Any person owning, controlling or maintaining any premises within the City which is required to have and maintain trash enclosures as a condition of development or use shall keep all garbage, compostable materials, recycling, and other waste containers within the confines of the trash enclosures at all times except when the containers are being emptied by the garbage collector. Commercial entities shall use tallow bins for grease waste. Secondary containment for tallow bins and other waste or compostable material containers shall be required by the City if the potential exists for any non-stormwater 452 discharge to the storm drain system or any other waterway that connects to the waters of the State. Failure to properly store discarded materials is subject to citation. 6.24.310 Interfering with Garbage Collection Service. No person shall, in any manner, interfere with the performance of garbage collection services being rendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized garbage collector. 6.24.320 Unauthorized Use of Garbage Collection Service. No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the garbage collector, any garbage produced from another premises where such action results in the avoidance or reduction of any garbage collection service charges that would otherwise be payable for collection of such garbage from the premises at which it was produced. 6.24.325 Rules and Regulations Adopted. The Director of Public Works shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter, and any franchise, contract or license issued or executed thereunder, including regulations relating to the required frequency of collection from various types of places and premises, and the types of special containers required for certain classes of places and premises. The Director of Public Works shall resolve all disputes concerning the administration of this chapter and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the determination of the Director of Public Works may, within ten days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons for such appeal. Disputes concerning the enforcement of this chapter by an administrative citation issued pursuant to Chapter 1.10 shall be resolved by means of the citation appeal process set forth in that chapter. No violation of this chapter shall be permitted, or be continued, during the time any such appeal is pending. 6.24.330 Violation–Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapters 1.10 and 1.12 of this code. Section 2.Statement of Purpose. This Ordinance is intended to revise and re- title Chapter 6.24, the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the City’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology. In the absence of this 453 amendment, Chapter 6.24 would be inconsistent with the new Franchise Agreement and enforcement of the Agreement would be impractical. Section 3.Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5.Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the 21st day st of September and ENACTED at a regular meeting of the Cupertino City Council the 1 day of November, 2010 by the following vote: VoteMembers of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______ City Clerk Mayor, City of Cupertino 454 ORDINANCE NO. 10-2070 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.72 OF THE CUPERTINO MUNICIPAL CODE CLARIFYING AND UPDATING THE REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING TO ENSURE CONSISTENCY WITH AMENDMENTS TO CHAPTER 6.24 AND THE NEW RECOLOGY FRANCHISE AGREEMENT THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1.Code Amendment .Chapter16.72 of the Cupertino Municipal Code is hereby amended to read as follows: Section 16.72.010 Findings of the City Council 16.72.020 Definitions 16.72.030 Covered Projects 16.72.040 Diversion Requirements 16.72.050 Information Required Before Issuance of Permit 16.72.060 Administrative Fee 16.72.070 Reporting 16.72.010 Findings of the City Council. A. Under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills; B. In order to meet these goals it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills; and C. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city and much of this waste is particularly suitable for recycling and reuse; 455 D. The city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste. 16.72.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. 1. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake construction, demolition, or renovation project within the City. 2. “Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure. 3. “Construction” and “demolition debris” or “C&D debris” means materials resulting from the construction, remodeling, or demolition of buildings of other structures. “Construction and demolition debris” includes, but is not limited to, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. 4. “Covered project” means project meeting the specifications of § 16.72.030 of this section. 5. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. 6. “Director of Public Works” shall be the Director of Public Works and his or her duly authorized agents and representatives. 7. “Divert” means to reuse material so it is not disposed of in a landfill or incinerated. 8. “Diversion requirement” means the diversion of a percentage, as determined from time to time by the Director of Public Works, of the total construction and demolition debris generated by a project via reuse or recycling. 9. “Project” means any activity, which requires an application for a building or demolition permit, or any similar permit from the city. 10. “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 11. “Renovation” means any change, addition, or modification in an existing structure. 456 12. “Reuse” means further or repeated use of construction or demolition debris. 13. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. 14. “Waste Management plan” means a plan, prepared in a form approved by the Director of Public Works, that identifies the amounts of all construction and demolition debris generated by the project, the amounts recycled or diverted, and the intended City-approved salvage, reuse, and recycling facilities. . Copies of supporting documentation shall be required and included as a part of the final construction and demolition debris recycling reporting. 16.72.030 Covered Projects. A. All construction, demolition and renovation projects within the city, which involve the construction, demolition or renovation of 3,000 square feet or more, shall comply with this section. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the Director of Public Works, shall be deemed a single project. B. Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. 16.72.040 Diversion Requirement. A. Applicants for any covered project are required to recycle or divert at least 60% of all generated C&D tonnage from demolition projects to an approved facility or by salvage. B. If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it impossible to comply with the Diversion Requirement, the Applicant shall submit written justification with the Waste Management Plan. The Director of Public Works will determine, in writing, whether any diversion requirements shall be waived in whole or in part on grounds of impracticability or impossibility. 16.72.050 Information Required Before Issuance of Permit. Every applicant shall submit a properly completed "Waste Management Plan" on a form prescribed by the city, as a portion of the building or demolition permit application process for a covered project. The Waste Management Plan shall indicate the following: A. The estimated volume or weight of project construction and demolition debris, by material type, to be generated; B. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; 457 C. The vendor that the applicant proposes to use to haul the materials must be consistent with the franchise currently in effect pursuant to the provisions of Chapter 6.24; D. The facility to which the materials will be hauled will be one approved by the city; E. The estimated volume or weight of construction and demolition debris that will be land- filled. In estimating the volume or weight of materials identified in the waste management plan, the applicant shall use the standardized conversion rates approved by the City for this purpose. Approval of alternative facilities or special salvage or reuse options may be requested of the Director of Public Works. Approval by the Director of Public Works, or designee, of the Waste Management Plan as complying with this chapter shall be a condition precedent to the issuance of any building or demolition permit for a covered project. 16.72.060 Administrative Fee. As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the City any required application fee as set forth in the municipal fee schedule. 16.72.070 Reporting. Within 60 days after the completion of any covered project, the applicant shall submit to the Public Works Department a final completed Waste Management Plan including reporting documentation demonstrating that the applicant has met the diversion requirement for the project. Documentation shall consist of a final completed report in a format prescribed by the City and shall comply with the requirements of this chapter. Copies of all facility weight tickets and/or disposal receipts must be submitted with the report. Failure to comply with the reporting requirement may delay approval of the final inspection or the recovery of any bond or deposit held by the City. Section 2.Statement of Purpose. This Ordinance is intended to clarify and update the requirements for construction and demolition debris recycling to insure consistency with concurrent amendments to Chapter 6.24 and the new Recology Franchise Agreement and also removes the reference to a “required” administrative fee. Section 3.Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. 458 Section 5.Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. st INTRODUCED at a regular meeting of the Cupertino City Council the 21 day of st September and ENACTED at a regular meeting of the Cupertino City Council the 1 day of November, 2010 by the following vote: VoteMembers of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______ City Clerk Mayor, City of Cupertino 459 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2010 Subject Report on the status of the Solar Power Purchase Agreement (SPPA) project. Recommended Action Receive report and provide direction to staff. Description The SPPA will allow the construction and purchase of renewable energy from carport photovoltaic arrays at City Hall, Corporation Yard, and the Quinlan Community Center. A Solar Power Purchase Agreement (SPPA) is a financial arrangement in which a third-party developer owns, operates, and maintains the photovoltaic (PV) system and a host customer agrees to site the system on its roof or elsewhere on its property (i.e. carport structure) and purchases the system’s electric output from the solar services provider for a predetermined price and period. Power purchase agreements address many of the traditional barriers to adoption for organizations looking to install solar systems including high up-front capital costs, system performance risk and complex design and permitting processes. Challenges of Siting Renewables One of the major barriers for local governments in purchasing renewable energy systems is the high upfront costs involved. Although purchasing a renewable energy system outright is generally considered to be the most cost effective strategy in the long-term, the high up front capital costs are often prohibitive. An alternative method of financing has been sought in order to utilize renewable energy and thereby decrease energy costs. In the past five years, the financial sector and renewable energy providers have developed innovative third party ownership financing structures, such as Power Purchase Agreements, to take advantage of the tax incentives available to the private sector. However, these financing structures require significant legal, procurement, property management, and engineering expertise to execute and therefore have high transaction costs that have presented a barrier to local governments. The Opportunity of Regional Aggregation In order to reduce the transaction costs associated with Power Purchase Agreements and to support the diffusion of renewable energy generation, the members of the Joint Venture Climate Protection Task Force created a regional collaborative procurement, lead by Santa Clara County. By leveraging the contractual resource investment of the lead agency and creating a procurement 460 pool, all participating agencies have benefitted by reducing or eliminating the barriers to adoption of renewable power. In 2007, a collaboration of Joint Venture Silicon Valley, the Association of Bay Area Governments (ABAG), and Santa Clara County initiated a program to create a regional Renewable Power Purchase agreement (RPPA) with the specific intent of enabling an affordable group purchase of renewable energy. The Department of Energy (DOE) was to later join this effort. A RPPA is one model which provides an opportunity to break down both the upfront capital barriers to direct ownership and the transaction costs associated with third party financing and move our community and organization forward in renewable energy usage. Additionally, by creating a regional PPA rather than individual PPAs for each city, the costs of developing the agreement are reduced significantly for all parties involved. This method not only conserves funds, but also accelerates the financing process and deployment of renewable energy technologies, promotes energy and tax-dollar savings, and supports local economic development. Since the summer of 2008, the collaborative has researched solar power purchase agreement issuances, and developed RFQ and RFP documents. The overall objective of this effort has been multifaceted; to reduce transaction costs associated with development and negotiation of RPPA contracts, to obtain favorable pricing and terms through a large scale regional aggregate purchase, to rapidly diffuse solar and other renewable technologies, and to enable participation in RPPA contracts for small governmental entities that would otherwise be unable to participate in RPPA financing structures due to the size of project sites. Over 22 jurisdictions in Santa Clara and San Mateo County expressed an interest in “piggybacking” on the RPPA effort. On February 2, 2010, Cupertino’s Council authorized a Memorandum of Understanding for Cooperative Purchasing of Power with the County of Santa Clara, allowing Cupertino’s participation in a County solicitation, a Request for Proposals for a th Regional Renewable Power Purchase Agreement (RFP# RRPPA-001-310) issued March 29, 2010. The first Request for Proposals (RFP) issuance included nine participating public agencies, including the cities of Cupertino, Los Gatos, Milpitas, Morgan Hill, Mountain View, and Pacifica, along with the County of Santa Clara, the Valley Transit Authority, and the South Bayside Waste Management Authority. The initial RFP was to procure a 4MW of renewable power through power purchase agreements. DOE, Optony (an independent solar consulting firm) and Joint Venture Silicon Valley assisted the County of Santa Clara, in assembling an evaluation panel consisting of members of the collaborative. The panel reviewed bid proposals from nine vendors several of which submitted proposals for more than one bid bundle (grouping of sites for procurement purposes). This process officially closed on September 8, with the selection of qualified firms for five bundled project types: large (>650kW/site), medium (160kW – 650kW/site), small (<160kW/site), small rooftop installations (<220kW/site), and other systems (solar thermal PV, fuel cell, micro-wind turbine). Cupertino sites included in this RFP were all for solar canopy/carport parking installations at City Hall, Quinlan Community Center and the Corporation Yard. Prior to participating in the 461 RFP, Cupertino worked with City staff, Siemens, and Critigen to evaluate the solar potential of these sites. A summary of findings are as follows: Facility Annual kWh Generated Average Annual kWh % Met by System by PV System Used at Site City Hall 475,005 524,650 91% Quinlan 140,564 495,595 28% Community Center Corporation Yard 450,503 143,595 314% Renewable Energy Financing Options This pilot project considered several available financing structures for renewable energy systems. Three types of financing are common: owned, leased or Power Purchase Agreement. Each financing structure has advantages and disadvantages: 1.City-Owned - The City would own the solar power generation system. Advantages include eligibility for incentive funds and ownership of tradable emission credits. Disadvantages include significant up front capital costs, annual maintenance expenses for approximately 20 years, and the replacement of inverters between years 10 and 13. Owned systems are generally considered appropriate for sites where security and access are restricted. 2.Lease-to-buy - Advantages include no up-front capital expenses, and long-term leases that allow amortization of costs with the potential for ownership. There is a growing market of lenders and brokers interested in leasing solar installations. 3.Solar Power Purchase Agreements (SPPA) - This option creates a long term agreement for the purchase of power generated from the solar installation. Typically SPPA's have 20 year terms with prices determined through negotiations. In the past several years, local governments throughout California have funded renewable energy projects through lease to purchase, and Solar Power Purchase Agreements (SPPA). These types of financing structures provide the opportunity to obtain solar power without the up-front capital investment as the power generation system is designed and installed by a third party provider and financed through a third party financier. The governmental entity benefits from capped or slowed growth in electricity rates, as the normal utility bill is paid to the financier through terms established in the SPPA. In California, at least ten jurisdictions have issued SPPA’s in the past two years. These issuances include the California Department of General Services, City of Fresno, San Francisco Public Utilities Commission, County of Solana, County of San Diego, and County of Ventura, among others. Project staff reviewed all ten SPPA issuances to compare terms and conditions. The SPPA currently being negotiated is working to include a lease-to-buy option. 462 Project Steps and Status 1.Issue Request for Information - COMPLETE The purpose of the RFI was to test the assumptions and information gathered to date on different financing mechanisms and procurement approaches. The RFI required vendors to show their experience with what financing mechanisms, the extent of that experience, possible terms that the County could expect, how the market would respond to bundled projects, whether additional sites should be considered and whether collaborative procurement at scale would deliver significantly reduced power purchase prices. Nineteen vendors responded to the RFI. Most firms have experience with a variety of financing methods. Installed price per kwH power varies as a reflection of the cost of capital, the Federal tax incentive for private sector investment and state solar incentives, and economies of scale in supply and financing. The attached RFI Summary Graphs provide general information from the responses to the RFI. Preliminary observations provided by the County include: Most respondents indicated that their firm had been in business between 2 and 5 years -The significance of this finding is that traditional municipal government procurement criteria require extensive years of experience. Doing so in the renewable energy market would preclude most firms from competition. Most respondents are specialized in either solar ground-mount or rooftop systems. A few firms offer expertise in two or more technology areas, but they tended to be large vendors. The majority of respondents indicated that the installed cost of power for systems in general was below $0.19 per kwH. Many firms in lower cost ranges were newer market entrants. Most respondents indicated that economies of scale exist in collaborative procurement, and that these are quantifiable around 5% for bundled project packages of 10 MW, 15 % for packages of 20 MW, and 20% for packages of 50 MW. These discounts are incorporated to be compared to the cost per kwH of PG&E rates over the 20 year term of power purchase agreements. 2.City Signs Memorandum of Understanding – COMPLETE In order to obtain commitments, County staff requested a Memorandum of Understanding (MOU) from all jurisdictions. The MOUs were due to the County on February 5, 2010. Staff th held a mandatory meeting with City attorneys and staff on December 4, 2009 to review PPA document terms, the RFP process and other issues. At this meeting 12 jurisdictions indicated that they wanted to participate in the first RFP issuance. These include; VTA, Morgan Hill, Mountain View, Cupertino, Sunnyvale, Los Gatos, Milpitas, County of San Mateo, Pacifica, Burlingame, Foster City and the Silicon Valley Waste Management Authority.. The MOU was finalized th through the review of the Board of Supervisors on February 9. 3.Conduct Detailed Solar Site Survey - COMPLETE Per Section 2.C. of the aforementioned Memorandum of Understanding, to participate in the bundled PPA project, cities were required to submit proposed real property sites that may accommodate renewable energy installations (individually, a “Site Survey”, and collectively the “Site Surveys”) prepared by a licensed engineer in a uniform, industry standard format. To achieve this requirement, the city joined neighboring jurisdictions to work with CH2M Hill (now Critigen, 463 LLC) to conduct solar site surveys by piggyback upon the competitively bid contract won by the company to analyze Santa Clara County-owned assets. The survey was solar site analysis and electrical and structural analysis. The city completed this process with three sites and abutting parking lots, Community Hall, Quinlan Community Center and the Corporation Yard. Work concluded in June and the results of the study are included in Comment \[EC1\]: EC to add. Attachment A. 4.Issue Request for Proposal (RFP) for Power Purchase Agreements COMPLETE The Request for Proposals to procure an initial 4MW of renewable power for county sites th through power purchase agreements was issued on March 29 through BidSync. This th Solicitation was managed in two steps: Step 1 – Pre-Qualification due by 3PM on May 7, 2010 and Step 2 – Final Selection for Renewable Power Generating (RPG) Systems Bundles due by 3PM on June 29, 2010. 5.Evaluate Vendor Proposals COMPLETE The proposals for seven qualified firms were reviewed between the RFP deadline by the project’s leadership team which included the following members: Siva Darbhamulla, Chief of Design Services, County of Santa Clara Ben Foster, Vice President, Optony Caroline Judy, Assistant Director, Government Support Services, County of Alameda Jerry Lahr, Power Program Manager, Association of Bay Area Governments Kara Gross, Vice President, Joint Venture: Silicon Valley Network Rachel Massaro, Associate Director of Climate Initiatives, Joint Venture: Silicon Valley Network Steve Mitra, County Counsel, County of Santa Clara Lin Ortega, Utilities Engineer/Program Manager, County of Santa Clara Chris Schroeder, Purchasing Agent, City of Milpitas , Energy Program Manager, City of San Jose Mary Tucker The RFP evaluation criteria is provided on pages 27 – 29 in the RFP document, but focus primarily within four categories: firm and team qualifications, relevant project experience, technical expertise and proposed system cost. Using these factors, the Evaluation Committee determined the responsiveness and best value quality of the proposal. Using this criteria the following firms were selected for the following bundles: Large – >650kW/site Medium – 160kW – 650kW/site Small – <160kW/site Small Rooftop – <220kW/site Other - solar thermal PV, fuel cell, micro-wind turbine Relevant to Cupertino, the evaluation team selected Borrego Solar Systems, Inc. ) to contract with cities to site medium sized bundles and Ecoplexus (www.borregosolar.com ) to develop the City’s small sites. (www.ecoplexus.com 464 6.Negotiate Final Contract Initiated: November 2010 Over the course of the month of October, legal and environmental representatives from each participating agency have participated in a series of joint contract negotiations with SPPA vendors. The coordinating committee convened this process to save both staff time and leverage the collective bargaining power of representative public agencies. Staff met in advance of initiating the vendor negotiation to discuss each agency’s key contracting requirements and establish a strategy to ensure all parties achieved mutually beneficial joint outcomes from the process. Vendor negotiations are scheduled to continue through November 10. 7.Prepare for and Complete Construction Anticipated: December 2010 – December 2011 The consulting firm, Optony, which has been assisting the County and partner agencies in the solar renewable energy procurement project to date, will be retained throughout the design, engineering and construction phases of the project. In this role, Optony will ensure that the renewable energy system is (1) optimized through the review of system drawings and plans, is (2) constructed using the same components required through the contract, (3) meets industry standards for installation and production, and is (4) properly maintained to achieve all applicable warrantees. In partnership with staff, Optony will also work with Pacific Gas and Electric to develop an interconnection plan and verify that all California Solar Initiative (CSI) milestones are being met with rebates and deposits transferred back to the City. Furthermore, supporting staff will work with the vendor to ensure that parking lot closures are minimized during the construction phase and that vendor strictly adheres to the arborist’s tree mitigation plan and procedures. 8.Monitor and report on system production ONGOING The RFP clearly states that the firm must also provide for real-time monitoring and verification of power generated at each site listed during commercial operation. To achieve this requirement, the SPPA builds in a series of activities including the installation and maintenance of a meter at the delivery point and a monitoring system for each generating facility. Meters and all metering activities are to be provided, installed, owned and maintained, programmed and operated at the vendor’s expense and in compliance with of all applicable Transmission Provider Tariffs and the Buyer-PG&E Interconnection Agreement. The aforementioned monitoring system may be provided as a web-based tool or interface to view, collect and store data, in real time, including the energy delivered, greenhouse gas emissions reduced, AC efficiency, peak DC efficiency and total percent of energy used from the system. Roles and Responsibilities A summary of the PPA participants’ roles and responsibilities are outlined below: 1.City of Cupertino: Host Site Agency (Site Owner) Nominate and approve Renewable Power Generating (RPG) sites. Review site-specific proposals, including technical description, qualifications, installation plans, and power prices. Make final acceptance decision on proposed prices. Agree to and make power payments per the terms of the PPA. Execute Site Lease Agreement(s). Execute Power Purchase Agreement(s). 465 rd Review and approve tasks conducted by 3 party relating to each Renewable Power Generation (RPG) System’s due diligence, environmental, design and construction plans and implementation. Facilitate and support the installation of the Renewable Power Generation System. 2.County of Santa Clara: Lead Agency Prepare the RFP, Power Purchase Agreement and Lease Agreement templates. Manage the RFP solicitation Lead the RFP response review process and participate in proposal review panels. Assist Agencies with compilation and posting of site-specific information. Provide program support and assistance. 3.Borrego Solar and Ecoplexus – 3rd Party Renewable Energy Service Providers Determine technical and economic feasibility of Renewable Power Generation System sites (host facilities) prior to PPA award for System. Execute power purchase agreement substantially in the form of the PPA. Execute lease agreement substantially in the form of a Lease. Finance, engineer and construct the Renewable Power Generation System. Comply with all applicable California Building Codes and regulations, as well as any and all Agency requirements. Pay transaction costs as per the RFP and PPA. Install system metering and interconnection to utility grid. Own, maintain, operate and monitor the System. Bill host site for energy produced. Sustainability Impact Consideration of the overall sustainability implications of the generation of renewable energy using city facilities will be incorporated into the broader scope of the Public and Environmental Affairs Division budget and work program. Specific benefits created through this project include: Conserve government funds available for capital projects. Stabilize the cost of electrical energy during a time when prices are expected to rise sharply. Drive down the cost of photovoltaic systems through volume purchasing/aggregated projects. Streamline project implementation and through the use of turnkey installations of solar systems, including financing, installation, maintenance, and operation. Support the creation of local clean tech jobs. Fiscal Impact Full cost recovery is anticipated. Recommended Action Receive report and provide direction to staff. If Council should direct staff to proceed, staff will take the final enabling actions to advance the project scope: 466 th Project Due Diligence – Anticipated November 16 o Complete arborist report for two sites with tree considerations (Civic Center and Quinlan Community Center) o Complete joint contract negotiations to finalize Solar Power Purchase Agreement (contract) with vendors o Return for Council approval of the Solar Power Purchase Agreement nd Design Review Committee – Anticipated December 2 o Complete Community Development Department Pre-Application Form and submit associated fees o Develop and submit Design Review Committee staff report required to obtain (1) CEQA determination (2) architectural and site approval and (3) tree removal permits o Notice the public and host Design Review Committee Public Hearing th CEQA Compliance – Anticipated December 17 o Mail Categorical Exemption Notice to County of Santa Clara o Design Review Committee and County’s appeal/comment period ends o Submit building permit and associated fees o Staff engaged two independent consultants to assess the project proposal under CEQA. In both cases, the consultants confirmed that the solar carport system would be categorically exempt under section 15303. Section 15303(e) consists of construction and location of limited numbers of small new equipment or structures and specifically identifies carports within its provisions. This is consistent with the findings of the California Energy Commission report titled “Distributed Generation: CEQA Review and Permit Streamlining,” which notes that under 15303 “certain types of DG may qualify if they have small footprints and the site’s zoning allows power generation to occur there.” _____________________________________ Prepared by: Erin Cooke, Environmental Affairs Coordinator Rick Kitson, Public and Environmental Affairs Director Reviewed by: Approved for Submission by: David W. Knapp, City Manager Attachments: A: RFP Document, March 2010 B: Critigen Solar Site Analyses, June 2010 467 THE COUNTY OF SANTA CLARA REQUEST FOR PROPOSALS REGIONAL RENEWABLE POWER PURCHASE AGREEMENT (RFP # RRPPA-001-310) Monday, March 29, 2010 RFP RESPONSES DUE: STEP 1 – PRE-QUALIFICATION: 3:00 P.M. ON MAY 7, 2010 STEP 2 – FINAL SELECTION FOR RPG BUNDLES: 3:00 P.M. ON JUNE 29, 2010 RFP RETURN ADDRESS: Siva P. Darbhamulla Facilities and Fleet Department nd 2310 N. First Street, 2 Floor, Suite 200 San Jose, CA 95131 CONTACT: Siva P. Darbhamulla Facilities and Fleet Department Tel: 408-993-4600 Fax: 408-993-4695 E-mail: siva.darbhamulla@faf.sccgov.org 468 INTRODUCTION INSTRUCTIONS FOR RESPONDENTS RESPONSE FORMAT AND ORGANIZATION REQUIREMENTS AND PROPOSER SUBMITTALS STEP 1 – PRE-QUALIFICATION AND STEP 2 – DETAILED PROPOSAL EVALUATION FACTORS 469 ATTACHMENTS 470 I.INTRODUCTION Project Background B.Introduction to Request for Proposals (RFP) 471 472 TABLE OF RPG SYSTEM BUNDLES RPG System Bundle Type Description/Characteristics C.Introduction and RPG System Sites 473 474 475 D.General Introduction to the County of Santa Clara E.Roles and Responsibilities Host Site Agency (Owner of the sites) 476 Lead Agency -County of Santa Clara rd Firms (3 Party Renewable Energy Service Providers) California Building Codes and regulations, as well as any and all Agency requirements. II. INSTRUCTIONS FOR RESPONDENTS A.SEQUENCE OF EVENTS ActionTentative Scheduled Date RFP Date 5.Submit Pre-Qualification Proposal ResponseRFP date + 29 business days 477 7. B.POINT OF CONTACT C.DESCRIPTION OF EVENTS April 13, 2010 at 9:00AM Training Center of County Center at Charcot facility, located at 2310 North First Street, Suite 201, San Jose, CA 95131-1040 Attendance at the conference is highly recommended but is not a prerequisite for submission of a proposal. 478 NO LATER THAN 3:00 PM PST ON MAY 7, 2010. NO LATER THAN 3:00 PM PST ON June 29, 2010. Siva P. Darbhamulla Facilities and Fleet Department County of Santa Clara 2310 N. 1st Street, Suite 200 San Jose, CA 95131 REGIONAL RENEWABLE ENERGY PPA RFP (RFP #RRPPA-001-310). 5.CONTRACT COMMENCEMENT DATE listed in the sequence of events in Section II. 479 INCURRING COST GUARANTEE OF PROPOSAL BASIS FOR PROPOSAL FORM OF PROPOSAL LATE RESPONSES NO PUBLIC PROPOSAL OPENING CALIFORNIA PUBLIC RECORDS ACT (CPRA) 480 CONFIDENTIALITY ELECTRONIC MAIL ADDRESS USE OF ELECTRONIC VERSION OF THE RFP COUNTY RIGHTS 481 17.PROTEST PROCEDURE a.Filing a Protest Protest Relating to RFP Number #RRPPA-001-310 b.Contents of Protest c.Grounds for Protest d.Protest Resolution Process 482 III.RESPONSE FORMAT AND ORGANIZATION 483 STEP 1 STEP 2 484 REQUIREMENTS AND PROPOSER SUBMITTALS 485 486 487 488 i. v. . 489 two sets of completed cost proposals 490 491 STEP 1 PRE-QUALIFICATION AND STEP 2 – DETAILED PROPOSAL EVALUATION FACTORS QUALIFICATION AREA PASSFAIL 492 493 MUST NOT be a)Total 100 points) Evaluation Criteria Breakdown Scoring Total Points Proposer Strengths & Qualifications (15) Team management qualifications and 5 strengths for all partners; company background; strength of lead entity for the overall proposal Financial stability as judged from 6 independently audited financial statements or Dun and Bradstreet report per RFP submittal requirements 4Past performance references per RFP submittal requirements (+) 5Compliance with local preference criteria per RFP 494 Proposer Experience and RPG System Team (15) 5Strength of key staff on the RPG System team including their professional history. Include a description of roles, how organizations work together, and an organization chart Experience with the identified bundle 5 type, references provided will be verified Experience with government RPG 2 Systems, including references to specific skills or knowledge needed per RFP submittal requirements Experience overall on managing 3 multiple RPG Systems simultaneously (-) 3Presence of OSHA violations or other safety incidents (-) 3Presence of default incidents (-) 3Presence of lawsuits RPG System Technical Aspects (25) Total energy production and 8 presentation of data 2Completeness of proposal, succinct and clear presentation 3Technical description of photovoltaic systems 2Module supply, availability, reputation and quality, verified externally 2Inverter supply, availability, reputation and quality, verified externally 3Warranty periods for modules and inverter RPG System schedule and time table 3 per RFP submittal requirements 2Monitoring plan 495 RPG System Costs (45) 30Nominal levelized cost of energy, including escalation factor (lowest price: 30, avg price: 15, others placed according to linear scale based on these two benchmarks) Proof of funding for RPG System per 10 RFP submittal requirements 5Cost proposal completeness with transparent & logical calculations and methodology 496 497 ATTACHMENT A RPG System Bundles Site 498 499 ATTACHMENT B STEP 1 -PRE-QUALIFICATION QUESTIONNAIRE PART I and II 500 ATTACHMENT B STEP 1 -PRE-QUALIFICATION QUESTIONNAIRE PART I and II Prime Proposer shall complete all questions below and shall provide background information, if necessary, for each response. Questions are pass/fail. Criteria for passing each question is listed in RFP Section II. 501 ATTACHMENT B STEP 1 -PRE-QUALIFICATION QUESTIONNAIRE PART I and II 502 ATTACHMENT B STEP 1 -PRE-QUALIFICATION QUESTIONNAIRE PART I and II 503 ATTACHMENT D STEP 2 - COST PROPOSAL FORM Proposer shall complete all pages of the Cost Proposal Form. The proposal costs shall directly relate to the RPG System Work Plan and deliverables. All costs not explicitly defined in the cost proposal must be specified. If not these costs will be responsibility of the prime Proposer and Partners. Excel worksheet available on FTP site. SEE ATTACHMENT C, EXHIBIT 6 FOR THE FORM 504 ATTACHMENT E PRODUCTION ESTIMATE FORM PROPOSER (SELLER)shall complete all pages of the Production Estimate Form. The proposal costs shall directly relate to the RPG System Work Plan and deliverables. All costs not explicitly defined in the cost proposal must be specified. If not these costs will be responsibility of the prime Proposer and Partners. Excel worksheet available on FTP site. SEE ATTACHMENT C, EXHIBIT 8 FOR THE FORM 505 ATTACHMENT F INSURANCE DECLARATION PROPOSER (SELLER) must DECLARE AND MEET County Insurance requirements as described in Attachment C during full term of the contract. 506 ATTACHMENT G TEMPORARY SECURITY CLEARANCES Firms’ personnel attending the Pre-Proposal Conference and field visits of the sites must obtain temporary security clearances to enter some of the secure and sensitive sites. Security clearance request forms must be filed with the County contact person three business days prior to the Pre- Proposal Conference. Firms’ personnel shall contact County Contact to obtain security clearance forms that needs to be completed and retuned. Considering various agencies are involved, more than one clearance form may be required to be completed and returned for \[processing temporary clearance to enter sites. For entry to secure sites such as the Department of Correction facilities, Probation facilities, Water Treatment facilities, etc. both during the site visits for proposal development and performance of work under PPAs upon execution of PPAs for the full duration of the contract, the Seller must obtain and maintain security clearance from the host Agency. 507 ATTACHMENT H CONTRACTING PRINCIPLES Contracting Principles October 1997 508 ATTACHMENT H CONTRACTING PRINCIPLES I. All Type I and Type II contracts, as hereinafter defined, shall include a contract provision specifying that the contractor shall comply with all applicable federal, state and local rules, regulations and laws. In order to assure fiscal responsibility, strength and compliance with these principles all Type I and Type II contracts shall include a contract provision specifying that the contractor shall maintain financial records, that would be adequate to show that County funds were used for purposes consistent with the terms of the service contract. All Type II contractors shall provide specific information in addition to that which is required of a responsible bidder. The information will be delineated in the contractor selection process document but shall, at a minimum, include the following information pertaining to the actual provision of services and/or expenditures charged to the contract: “ “ 509 ATTACHMENT H CONTRACTING PRINCIPLES D. All Type II contracts shall include a contract provision specifying that in order to determine compliance to these principles as well as the contract, the contractor shall be required to provide the County or its agents, except where prohibited by federal or state laws, regulations or rules, reasonable access, through representatives of the contractor, to facilities, records and employees that are used in conjunction with the provision of contract services. E. During the term of any contract all Type II contractors shall provide to the County copies of any financial audits that have been completed. The contractor shall use County funds for County services and shall not use County funds for general employer costs that do not support or otherwise directly relate to the scope of contracted services. Consistent with the financial provisions of the contracts, this shall not preclude the realization of profits or savings. F. During the term of any contract all Type II contractors shall advise the County Department/Agency responsible for monitoring the contract of the issuance of any legal complaint by an enforcement agency, or of any enforcement proceedings by any Federal, State or Local agency for alleged violations of federal, state or local rules, regulations or laws. In addition, the specific contract may include additional provisions regarding notice to the County of specific client/patient service issue complaints. G. During the term of any contract all Type II contractors shall advise the County of the issuance of citations, court findings or administrative findings for violations of applicable federal, state or local rules, regulations or laws. Violations of this policy may be considered material breaches of any Type I or Type II contract, and may, at the option of the county, constitute grounds for the termination or non-renewal of any such contract, according to its terms. The contractor shall be 510 ATTACHMENT H CONTRACTING PRINCIPLES provided reasonable notice of any intended termination or non-renewal and the opportunity to respond and discuss the County’s intended action. any 511 ATTACHMENT H CONTRACTING PRINCIPLES 512 ATTACHMENT H CONTRACTING PRINCIPLES DECLARATION OF CONTRACTOR To be completed by all Type I and Type II contractors) This is a Type I service contract under the Board of Supervisor’s Resolution of Contracting Principles. If this box is checked, please complete the following: Type I Category: Explanation: This is a Type II contract under the Board of Supervisor’s Resolution on Contracting Principles. The contractor currently has other County contracts for the same or similar services: Yes No IfYes is checked, please list and describe contracts, types and dollar amounts. I am authorized to complete this form on behalf of \[Name of contracting entity\]. I have used due diligence in obtaining this information, and this information contained herein is complete and accurate. Contractor Signature: Name: Title: Date: 513 ATTACHMENT I DECLARATION OF LOCAL BUSINESS FORM Firms claiming local preference must submit a certified letter on company’s letter head the Local Business Declaration. For purposes of this RFP, local business is as defined in County of Santa Clara Board Policy Manual, Section 5.3.13, except that the geographical boundary is extended to include geographical areas covering all Agencies participating in this RFP. 514 ATTACHMENT J NON-COLLUSION DECLARATION NONCOLLUSION AFFIDAVIT In accordance with County requirements, __________________________________ (Proposer’s full name) being first duly sworn, deposes and says that he or she is ____________________________ (Proposer’s title) of _______________________________________________________________________ (Firm’s name) the party making the foregoing Proposal that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed Contract; that all statements contained in the Proposal are true; and further, that the Proposer has not, directly or indirectly, submitted his or her Proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SIGNATURE BLOCK (Signature Block must be completed in ink & changes must be initialed.) Proposer 's Signature:_________________________________________Date:___________ Proposer 's Name & Title (Print):________________________________________________ 515 516 517 518 519 520 521 522 523 524