Cupertino City Council
October 10, 2023

CITY OF CUPERTINO
CI

TY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, October 10, 2023
6:45 PM
Televised Special Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Mem
bers of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall.
2) E-mail comments by 4:00 p.m. on Tuesday, October 10 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.

Members of the public may provide oral public comments during the Meeting as follows:

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Oral public comments may be made during the public comment period for each agenda item.

Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.

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Completion of Speaker Cards and identifying yourself is voluntary and not required to a
ttend the meeting or provide comments.
3) Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN__TFqEsCGQ-SOaoqk4H6gCg Phone
Dial: 669-900-6833 and enter Webinar ID: 964 7470 4072 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 964 7470 4072
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to

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speak.

4. W
hen called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected] prior to speaking. These documents will be posted to the City’s website after the meeting.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL N
OTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 10, 2023, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING

CALL TO ORDER
P

LEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

1. Subject: Recognition of October as Hindu Heritage and Awareness Month Recommended Action: R ecognize October as Hindu Heritage and Awareness Month

2. S ubject: Recognition of 2nd week of October as Code Enforcement Officer Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Week

3. Subject: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner
Recommended Action: Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner

POSTPONEMENTS AND ORDERS OF THE DAY
O

RAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within

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the jurisdiction of the Council and not on the agenda for discussion, including informational items. The t
otal time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 4-10)
Items appearing on the Consent Calendar are considered routine City business and may be approved by o
ne motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

4. S ubject: Approval of the September 19 City Council minutes Recommended Action: App rove the September 19 City Council minutes A - Draft Minutes

5. Subject: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations
Recommended Action: Adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts
Staff Report
A - 2018 Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations B - Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations C - Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations

6. Subject: Community Development Block Grant (CDBG) Program funding allocation for the Senior Center Fire Alarm Upgrade Project

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Recommended Action: 1. A uthorize the use of CDBG funding to upgrade the fire alarm system at the City’s Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project.

2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding
Staff Report
A - Senior Center Building Condition Assessment Report
B - Draft Resolution

7. Subject: First amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

Recommended Action: Authorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

Staff Report
A - TAC MOA Agreement Amendment
B - TAC MOA 2013 Agreement

8. Subject: Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs.

Recommended Action: Adopt Resolution No. 23-104, authorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle.

Staff Report
A - Draft Resolution

9. Subject: Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000.

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Recommended Action: 1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company;

2. Authorize the City Manager to execute the contract when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and

4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) 1 Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410.

Staff Report
A - Draft Contract
B - Draft Resolution

10. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work
Recommended Action: 1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050;

2. Adopt Resolution No. 23-107 approving budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Fund (429), a transfer in revenue and increased appropriations of $460,000 to the project (budget unit 420-99-266), for a total authorized project expenditure of $880,000; and

3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000 Staff Report
A - Draft Resolution - Emergency Declaration
B - Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit C - Draft Resolution - Budget Modification
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

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ACTION CALENDAR

11. Subject: Establish a General Fund Sales Tax Repayment Reserve Recommended Action: A. App rove an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to:
i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million
ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute
iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristina Alfaro, Director of Administrative Services Staff Report
A - Committed, Unassigned, and Use of One Time Funds Policy Clean B - Committed, Unassigned, and Use of One Time Funds Policy Redline

COUNCIL REPORTS AND COMMENTS

12. S
ubject: Councilmember Reports
A - Council Report, Chao
B - Council Report, Fruen
C - Council Report, Mohan
D - Council Report, Moore
E - Council Report, Wei

CITY MANAGER REPORT
O

RAL COMMUNICATIONS - CONTINUED
INFORMATIONAL ITEMS - None
Information items are intended to provide background information and routine reports to C
ouncilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications.

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
A

DJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence l
egislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300

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Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

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, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
23-12551 Agenda Date:
10/10/2023 Agenda #: 1.

Subject: Recognition of October as Hindu Heritage and Awareness Month Recognize October as Hindu Heritage and Awareness Month CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
23-12127 Agenda Date:
10/10/2023 Agenda #: 2.

Subject: Recognition of 2nd week of October as Code Enforcement Officer Week Recognize 2nd week of October as Code Enforcement Officer Week CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
23-12513 Agenda Date:
10/10/2023 Agenda #: 3.

Subject: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner
Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
23-12054 Agenda Date:
10/10/2023 Agenda #: 4.

Subject: Approval of the September 19 City Council minutes Approve the September 19 City Council minutes
CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, September 19, 2023

At 6:45 p.m., Mayor Wei called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao (6:54 p.m.), J.R. Fruen and Kitty Moore. Absent: none. Vice Mayor Mohan participated via teleconference.

CLOSED SESSION REPORT - None

CEREMONIAL ITEMS

1. Subject: Recognize National Hispanic Heritage Month September 15-October 15 Recommended Action: Recognize National Hispanic Heritage Month September 15-October 15

Mayor Wei recognized September 15 to October 15 as National Hispanic Heritage Month.

2. Subject: Recognize September as National Preparedness Month Recommended Action: Recognize September as National Preparedness Month

Mayor Wei recognized September as National Preparedness Month.

POSTPONEMENTS AND ORDERS OF THE DAY - None

ORAL COMMUNICATIONS
Keith Kreft discussed golf course rates at municipal golf courses and Blackberry Farm Golf 13 CC 10-10-2023
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Course. (Shared written comments).

Don Halsey, representing Friends of Blackberry Farms Golf, discussed subcontract management options for Blackberry Farm Golf Course. (Submitted written comments).

At 6:54 p.m., Councilmember Chao joined the meeting.

Peggy Griffin discussed the City’s Treasurer’s investment reports.

Ricardo Acevedo discussed safety and ethics policies and training in the workplace.

Thomas Holodnik , representing Meadows of Cupertino HOA, discussed the future plans at Blackberry Farms Golf Course.

Rhoda Fry discussed televised meetings, Council meeting procedures, memorial adjournments, and the City’s sales tax. (Submitted written comments).

San R discussed Parks and Recreation Department events and staff and tree removal.

CONSENT CALENDAR (Items 3-7)

Mayor Wei opened the public comment period and the following people spoke.

Peggy Griffin provided comments on Item 5.

San R provided comments on Item 7

Mayor Wei closed the public comment period.

MOTION: Fruen moved and Chao seconded to approve the items on the Consent Calendar, except for Items 3 and 6 which were pulled for discussion. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

MOTION: Wei moved and Fruen seconded to move Item 6 Software-as-a Service (SaaS) agreement to Avolve Software Corporation before the Action Calendar. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None.

Absent: None.

Item 3 was placed after the Action Calendar for consideration.

4. Subject: Approve the September 6 City Council minutes Recommended Action: Approve the September 6 City Council minutes 14 CC 10-10-2023
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5. Subject: Ratifying Accounts Payable for the periods ending August 4, 2023; August 11, 2023; August 18, 2023; and August 25, 2023
Recommended Action: A. Adopt Resolution No. 23-099 ratifying Accounts Payable for the Period ending August 4, 2023;
B. Adopt Resolution No. 23-100 ratifying Accounts Payable for the Period ending August 11, 2023;
C. Adopt Resolution No. 23-101 ratifying Accounts Payable for the Period ending August 18, 2023; and
D. Adopt Resolution No. 23-102 ratifying Accounts Payable for the Period ending August 25, 2023.

Written communications for this item included new Attachment I – Weekly AP Payment Register for the Period Ending 8.11.23 (Revised ), a supplemental report with staff responses to councilmember questions, and emails to Council.

7. Subject: Award a Cooperative Services Agreement to ReDesign Group, for City's server and storage infrastructure, for a total cost of $389,692.60, including 10% contingency over five years.

Recommended Action : 1. Find under Municipal Code section 3.22.070(C) that this procurement from the National Association of St ate Procurement Officials is exempt from formal competitive bidding procedures.

2. Authorize the City Manager to execute a Cooperative Services Agreement with ReDesign Group, for Technology Refresh of the City's server and storage infrastructure, for a total cost of $389,692.60, including 10% contingency over five years.

Written communications for this item included emails to Council.

PUBLIC HEARINGS – None

ITEMS REMOVED FROM THE CONSENT CALENDAR

As noted under the Consent Calendar, this item was pulled from the Consent Calendar and moved before the Action Calendar for discussion.

6. Subject: Award a Software -as-a Service (SaaS) agreement to Avolve Software Corporation, for Migration, Deployment and Subscription Services of ProjectDox from on-premises environment to Cloud Services, for a total cost of $488,680.50, including 10% contingency over five years.

Recommended Action: 1. Find under Municipal Code section 3.22.060(B). that the formal competitive bidding procedures are impractical for procurement. 15 CC 10-10-2023
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2. Authorize the City Manager to execute a Software -as-a Service (SaaS) agreement to Avolve Software Corporation, for Migration, Deployment, and Subs cription Services of ProjectDox from on-premises environment to Cloud Services, for a total cost of $488,680.50 including 10% contingency over five years.

Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to Council.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke.

San R

Mayor Wei closed the public comment period.

MOTION: Fruen moved and Chao seconded to:

1. Find under Municipal Code section 3.22.060(B). that the formal competitive bidding procedures are impractical for procurement; and

2. Authorize the City Manager to execute a Software -as-a Service (SaaS) agreement to Avolve Software Corporation, for Migration, Deployment, and Subscription Services of ProjectDox from on-premises environment to Cloud Services, for a total cost of $488,680.50 including 10% contingency over five years.

The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.

Noes: None. Abstain: None. Absent: None.

ACTION CALENDAR

8. Subject: FY 2023-24 Internal Audit Program
Recommended Action: Approve the FY 2023-24 Internal Audit Program Presenter: Jonathan Orozco, Finance Manager

Finance Manager Jonathan Orozco and Colleen Rozillis, Partner at Moss Adams, gave a presentation.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke.

Jean Bedord
Peggy Griffin

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Mayor Wei closed the public comment period.

MOTION: Chao moved and Fruen seconded to approve the FY 2023-24 Internal Audit Program. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

At 8:11 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 8:16 p.m. with all Councilmembers present.

9. Subject: Adoption of amendments to the Cupertino Municipal Code, Chapter 9.22, expanding existing property maintenance requirements in accordance with California Health and Safety Code 17970.5
Recommended Action: Conduct the first reading of Ordinance No. 23-2250: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapter

9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing Conditions.” Presenter: Monica Diaz, Senior Code Enforcement Officer

Written communications for this item included a staff presentation and emails to Council.

Senior Code Enforcement Officer Monica Diaz gave a presentation.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke.

Peggy Griffin

Mayor Wei closed the public comment period.

City Clerk Kirsten Squarcia read the title of Ordinance No. 23-2250: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapter 9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing Conditions.”

MOTION: Moore moved and Fruen seconded for the City Clerk to read the title of Ordinance No. 23-2250, that further reading of the Ordinance be waived, and that the City Council conduct the first reading of the Ordinance by title only. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain:

None. Absent: None.

10. Subject: Amendments to the Cupertino Municipal Code Chapter 5.50 of Title 5 (Business Licenses and Regulations), regulating the sale of tobacco products 17 CC 10-10-2023
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Recommended Action: Conduct the first reading of Ordinance No. 23-2251: “An Ordinance of the City Council of the City of Cupertino Amending Chapter 5.50 to Title 5 (Business Licenses and Regulations) to Regulate the Sale of Tobacco Products" Presenter: Christopher Jensen, City Attorney

Written communications for this item included a staff presentation.

City Attorney Chris Jensen gave a presentation.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and , seeing no one, closed the public comment period.

City Clerk Kirsten Squarcia read the title of Ordinance No. 23-2251: “An Ordinance of the City Council of the City of Cupertino Amending Chapter 5.50 to Title 5 (Business Licenses and Regulations) to Regulate the Sale of Tobacco Products."

MOTION: Chao moved and Fruen seconded for the City Clerk to read the title of Ordinance No. 23-2251, that further reading of the Ordinance be waived, and that the City Council conduct the first reading of the Ordinance by title only. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain:

None. Absent: None.

11. Subject: Revisions to City of Cupertino Ethics Policy Recommended Action: Direct the City Attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City’s Ethics Code, as amended to ensure consistency with the City Council Procedures Manual and to address recommendations of the City’s internal auditor, and provide direction on any additional Ethics Policy revisions
Presenter: Christopher Jensen, City Attorney

Written communications for this item included an updated staff presentation , a supplemental report with staff responses to councilmember questions, emails to Council, and written comments from Councilmembers.

City Attorney Chris Jensen gave a presentation.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke. 18 CC 10-10-2023
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Peggy Griffin
Jean Bedord
Donna Austin
Louise Saadati
Parks and Recreation Commissioner Jennifer Shearin (representing self) Parks and Recreation Commissioner Seema Lindskog (representing self) Glenn Fishler

Mayor Wei closed the public comment period.

At 9:51 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 9:57 p.m. with all Councilmembers present.

MOTION: Mohan moved and Fruen seconded to approve the staff recommendation to direct the City Attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City’s Ethics Code, as amended to ensure consistency with the City Council Procedures Manual and to address recommendations of the City’s internal auditor, and provide direction on any additional Ethics Policy revisions; with the following additional direction:

1. That mechanisms for disciplinary actions for ethics violations as detailed in the City Council Procedures Manual be incorporated into the Ethics Policy.

2. That a mechanism for holding elected and appointed officials accountable to timely completion of required documentation, including especially Form 700 Disclosures

3. That the City Attorney and City Manager direct staff to pe riodically review the policy and provide training to elected and appointed officials Council did not vote on the motion.

SUBSTITUTE MOTION: Chao moved a substitute motion to direct the City Attorney to incorporate the comments from all Councilmembers and best practices for implementation, for accountability, and bring back a revision to achieve the ethics policy goals, taking into consideration the results of public outreach and public comments , as appropriate. FRIENDLY AMENDMENT: Moore seconded the subst itute motion with a friendly amendment to add Recommendations 4A, 4B, and 4C from “A House Divided.” (Chao declined the friendly amendment and it was not included in the substitute motion).

Council did not vote on the substitute motion.

SECOND SUBSTITUTE MOTION: Wei moved a second substitute motion to approve the staff recommendation to direct the City Attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City’s Ethics Code, as amended to ensure consistency with the City Council Procedures Manual and to address recommendations 19 CC 10-10-2023
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of the City’s internal auditor, and provide direction on any additional Ethics Policy revisions; and to incorporate Vice Mayor Mohan and Vice Mayor Chao’s items:

Vice Mayor Mohan’s items:

1. That mechanisms for disciplinary actions for ethics violations as detailed in the City Council Procedures Manual be incorporated into the Ethics Policy.

2. That a mechanism for holding elected and appointed officials accountable to timely completion of required documentation, including especially Form 700 Disclosures

3. That the City Attorney and City Manager direct staff to periodically review the policy and provide training to elected and appointed officials; and Councilmember Chao’s item:

4. Direct the City Attorney to incorporate the comments from all councilmembers and best practices for implementation for accountability and bring back a revision to achieve the ethics policy goals, taking into consideration the results of public outreach and public comments as appropriate.

FRIENDLY AMENDMENT: Chao seconded the second substitute motion with a friendly amendment to modify Item 4:

4. Direct the City Attorney to incorporate the comments from all Councilmembers and best practices for implementation, for accountability, and bring back a revision to achieve the ethics policy goals, taking into consideration the results of public outreach and public comments, as appropriate ; with flexibility for the City Attorney to include options for Council to choose from. (Wei accepted the friendly amendment).

The amended s econd substitute motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

ITEMS REMOVED FROM THE CONSENT CALENDAR – CONTINUED

The following item was pulled from the Consent Calendar and placed after the Action Calendar for discussion.

3. Subject: Approve the July 18 City Council minutes (continued from September 6, 2023) Recommended Action: Approve the July 18 City Council minutes

Written communications for this item included emails to Council.

Mayor Wei opened the public comment period and the following people spoke.

Peggy Griffin
Louise Saadati

Mayor Wei closed the public comment period.
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City Council Minutes September 19, 2023

Councilmembers asked questions and made comments.

MOTION: Mohan moved and Fruen seconded to approve the July 18 City Council minutes (as presented). The motion carried with the following vote: Ayes: Wei, Mohan, and Fruen. Noes: Chao and Moore. None. Abstain: None. Absent: None.

SUBSTITUTE MOTION: Chao moved and Moore seconded a substitute motion to include the number of people who rais ed their hand within nine minutes of the Mayor opening public comment. The substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. None. Abstain: None. Absent: None.

MOTION: Fruen moved and Mohan seconded to extend the meeting by ten minutes to hear Council Reports and City Manager R eport. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, and Fruen, and Moore. Noes: None. Abstain: None.

Absent: None.

COUNCIL REPORTS AND COMMENTS

12. Subject: Councilmember Reports

Written communications for this item included a supplemental report from Councilmember Moore.

Councilmembers reported on their various committees and activities as provided in the published agenda and written communications.

CITY MANAGER REPORT

This item was not heard.

ORAL COMMUNICATIONS – CONTINUED – None

INFORMATIONAL ITEMS

13. Subject: Receive the Monthly Treasurer's Report for August 2023 Recommended Action: Receive the Monthly Treasurer's Report for August 2023

Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to Council.

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City Council Minutes September 19, 2023

The Monthly Treasurer's Report for August 2023 was provided as part of the published agenda.

14. Subject: Receive the Monthly Treasurer's Investment Report for August 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for August 2023

Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to Council.

The Monthly Treasurer's Report for August 2023 was provided as part of the published agenda.

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

Council did not hear this item.

ADJOURNMENT
At 10:46 p.m., Mayor Wei adjourned the Regular City Council Meeting in memory of Milind Makwana, community member and volunteer.

Minutes prepared by:

_________________________
Kirsten Squarcia, City Clerk

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CITY OF CUPERTINO
Agenda Item
23-12345 Agenda Date:
10/10/2023 Agenda #: 5.

Subject: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts
CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations

Recommended Action
Adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts.

Reasons for Recommendation
The Sister Cities and Friendship Cities policy was adopted in 2005 and last updated in 2018 to enhance the Friendship City renewal process. Although there was an attempt to further update the policy in 2019, no action was taken on the proposed amendment. Thus, the 2018 council-adopted policy has remained in place and is included as Attachment A.

From 2020 -2022, Sister and Friendship City activity declined significantly due to worldwide COVID -19 impacts and limitations on in-person events and international travel. With business resuming back to the pre-pandemic mode, Sister and Friendship City activity picked up again in late 2022 and 2023, including a delegation visit from Cupertino to Hsinchu, Taiwan in April 2023. In light of the post-COVID activities that are anticipated to continue, staff is recommending clarifications to the existing policy to further streamline the program.

Staff recently met with all Sister City representative s in order to gather feedback and incorporate their recommendations whenever possible. The recommended changes to the policy are as follows:

Gifts
This section was updated to include a process for tracking and recording gifts provided to the City regardless of the perceived monetary value. The recommended language also allows for transferring ownership of such gifts to the relevant Sister City Committee at the City’s discretion.
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Travel
This section was updated to limit travel for the Mayor or his/her designee to one trip to a Sister City per year. Limiting the number of trips will ensure equitable travel to Sister Cities on a rotating basis and potentially save City funds.

All other changes are administrative in order to improve efficiency in the facilitation of this program. All proposed revisions to the Sister and Friendship City Policy can be viewed in redline in Attachment B. A clean version of the recommended policy can be viewed in Attachment C.

As part of the research on similar programs in other cities, s taff reviewed the Sister and Friendship City policies in cities throughout California: Santa Cruz, South San Francisco, Bakersfield, Irvine, Menlo Park, Millbrae, Mountain View, Pasadena, Redwood City, San Diego, San Jose, Vallejo and Watsonville.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If approved, the revised policy will limit the number of trips and officials travelling to sister cities on an annual basis, which will result in savings.

California Environmental Quality Act
Not applicable.

Prepared by: Astrid Robles, Senior Management Analyst Reviewed by: Tina Kapoor, Deputy City Manager
Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – 2018 Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations B – Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations
C – Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations

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Council Policy
CITY OF POLICIES AND GUIDELINES ON Attachments:

SISTER CITIES, FRIENDSHIP

CITIES, AND INTERNATIONAL

CUPERTINO

DELEGATIONS

FOR THE CITY OF CUPERTINO
Effective Date: Responsible Department:

November 20, 2018 City Manager' s Office
Related Policies & Notes:

Prior versions: 2005, 2013, 2016
Background:

Currently, Cupertino has four active Sister Cities registered with Sister Cities International; the cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India. In addition, Cupertino has established several Friendship City relationships and attracts many international delegations for cultural, educational, business, and economic development reasons.

SISTER CITIES
Intent of Sister City Affiliations:

The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding. Sister City partnerships have proved very successful in fostering educational, technical, economic, and cultural exchanges.

Sister City relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.

The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long- term, continuing basis.

The City intends to provide limited financial support to those Sister City Committees that operate student exchange programs. Those Sister City organizations which do not operate student exchange programs shall be completely financially independent from the City, except for limited City facility use.
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Sister City Citizen Committee Responsibilities ( Receiving City Support):

Identify, manage, coordinate, and implement all activities related to the Sister.

City Program.

Establish a formal, incorporated 501( c)( 3) structure, with officers and appropriate functional subcommittees.

Solicit donations and in- kind contributions from the local community as appropriate.

Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.

Finance activities from fundraising efforts and resources other than public funding, including all travel and program expenses, postage, fax, copying, and printing costs for events in which the City is participating. This includes fundraising or securing gifts for special celebrations, such as anniversaries.

Prepare a detailed budget including funds raised through fundraising efforts and public ( City) funding for events and activities and keep track of expenses. The budget should show funds available and should identify adequate, ongoing funding sources for program activities.

Work with City staff at least two months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing promotional gifts, similar notice is required, unless waived by the City Manager.

Meet the following eligibility requirements/ annually submit to staff liaison:
o Proof of 501( c)( 3) status
o Detailed accounting of prior year actual revenue and expenses o Summary of prior year activities
o Proposed budget plan
o Fundraising plan
Sister City Citizen Committee Responsibilities ( Not Receiving City Support):

Identify, manage, coordinate and implement all activities related to the Sister City Program.

Establish a formal, incorporated 501 ( c) ( 3) structure, with officers and appropriate functional sub committees.

Solicit donations and in- kind contributions from the local community as appropriate.

Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program. 27 CC 10-10-2023
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City of Cupertino Responsibilities ( With regard to City supported Sister City Committees):

Coordinated through the City Manager' s Office, the City will serve as a support for programs and activities by:

Providing for set-up and complimentary accessto a large City facility for three community events per Sister City per fiscal year. All cost of food, drinks, and materials are the responsibility of the Sister City Committee.

Accepting gifts from the Sister City. Said gifts are the property of the City and shall be displayed at a City facility or distributed at the City' s discretion.

Providing up to $2,500 per year for a Sister City with a student exchange program of 5 to 9 student delegates and up to $5,000 per year for a Sister City with a student exchange program of 10 or more student delegates.

Coordinated through the City Manager' s Office, the City will serve as a support for Sister City programs and activities by:

Providing access to postage, fax, copying, and printing equipment to Sister City Committee members for support of Sister City events in which the City is participating. City staff is not responsible for preparing mailings or printed materials.

Providing the use of meeting room space (up to 18 per calendar year) at no cost to the Sister City Committee for related activities. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center' s Cupertino Room.

Providing City promotional gift items typically given at community events to government representatives from visiting countries. These include, but are not limited to: logoed t-shirts, pens, reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall not exceed $25. Additional gifts presented to members of a Sister City delegation are the responsibility of the Sister City Committee.

Facilitating participation of City officials.

City of Cupertino Responsibilities ( With regard to non- City supported Sister City Committees):

The City shall maintain registration with the Sister Cities International organization.

Provide the use of meeting room space ( up to 4 per calendar year) at no cost to the Sister City Committee for related activities. For additional meeting room uses, non- City supported Sister City Committees shall be charged the facility use 28 CC 10-10-2023
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resident rate on the rental of any City facility. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center' s Cupertino Room.

Travel and Program Expenses:

Program Expenses:

The City Council will, as part of its annual budget adoption process, establish a program budget for anticipated City supported Sister City program activities.

This budget will include up to $ 2,500 for a Sister City with a student exchange program of 5 to 9 student delegates and up to $5,000 for a Sister City with a student exchange program of 10 or more student delegates, as funds allow. An additional $ 5,000 will be considered for adult delegation visits every 5 years. This adopted budget, less the cost of the Sister City membership fee, will be remitted to the Committee once an accounting of the prior year expenditures have been received and reviewed by the Finance Department. These funds represent the City' s sole monetary commitment each fiscal year with the exception of the items listed above.

Travel Expenses:

The City will pay for 50% of one trip per year, per Councilmember, provided the trip is in conjunction with an official delegation.

All other Council or City Staff travel for Sister City programs must be funded by Sister City Committee fundraising activities, or by the individual traveling council or staff member, unless authorized in advance by the City Council.

New Affiliations:

To ensure that there is a broad base of community support for a global partnership, the citizen committee responsible for implementing the Sister City Program should include at least 10 active Cupertino residents who are committed to making a new affiliation successful.

No more than one Sister City relationship may be established in any given country.

Proposal Process
The new Sister City Committee will prepare and submit the following to the City of Cupertino:

Detailed demographic profile of the prospective city
Application for a formal, incorporated 501( c)( 3) structure, with officers and appropriate subcommittees
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Documentation of broad- based community support, with a minimum of 10 members on the organizing committee
A preliminary program plan outlining objectives and funding sources If the City Council adopts a resolution establishing a new Sister City relationship, the City shall register that new Sister City with Sister Cities International. If the proposed new Sister City Committee desires to operate a student exchange program ( with a minimum of 5 student delegates and open to any school within the Cupertino Union School District and/ or Fremont Union High School District boundaries) and demonstrates that it can meet its responsibilities as a City supported Sister City Committee, the City shall adjust the budget for the following year to provide for appropriate financial support.

Terminating a Sister City Affiliation
While regrettable, it is sometimes necessary for a city to terminate a Sister City affiliation. Sister City affiliations are meant to be long- standing, official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lose community interest and support, and Cupertino or the Sister City may opt to terminate the Sister City relationship.

If a Sister City affiliation is inactive for a period of three years and there is a lack of community support for the Sister City relationship to continue, the City may initiate the process to terminate the Sister City affiliation with the Sister City and Sister Cities International.

FRIENDSHIP CITIES
Intent of Friendship City Affiliations:

The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding. Friendship City partnerships can be effective in fostering increased global cooperation and communication.

Friendship cities may be established, however, they will not be considered official Sister Cities and are not eligible for City funding.

New Affiliations:

All proposed Friendship City relationships must have Councilmember and community sponsorship and be approved by the City Council. The Friendship City will submit a Friendship City application to the City of Cupertino, which requires sponsorship from a Council Member and a citizen' s committee to ensure the new affiliation is successful. If approved, the City will issue a signed Letter of Intent establishing the Friendship City 30 CC 10-10-2023
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relationship.

A Friendship City affiliation will be effective for two years and may be renewed every two years.

Friendship City Committee Responsibilities:

Identify, manage, coordinate, and implement all activities related to the Friendship City program.

Maintain communication with the affiliate Friendship City, ensuring the counterpart is equally committed.

Work with city staff at least two months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Manager' s Office, the City will:

Issue a signed Letter of Intent establishing the Friendship City relationship in an effort to assist international delegation visits from the Friendship City Provide City promotional items typically given at community events to government representatives from visiting countries as the budget allows. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.

Facilitate meetings with City officials.

Conduct tours of city facilities.

Travel and Program Expenses:

Friendship City travel and program expenses will be treated as those of international delegations and will follow the guidelines outlined in this policy in the " Travel and Program Expenses" section under " INTERNATIONAL DELEGATIONS."
Renewal of Friendship City Relationship
Friendship City renewals should be requested by an official of the Friendship City with support of the Friendship City Committee. The Friendship City Committee should submit a renewal application, which includes:
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Intent to renew letter from Friendship City official on official letterhead.

Summary of Friendship City delegation visits to Cupertino hosted by the Committee over the last two years.

Summary of Cupertino delegation visits hosted by the Friendship City.

Description of activities held and outcomes.

How the relationship has been mutually beneficial for Cupertino and the friendship community.

An updated profile of the Friendship City Committee.

Notification of the intent to renew the Friendship City relationship should be sent to the City at least 60 days in advance to ensure sufficient time to process the renewal. Friendship City Committees will also be expected to prepare a presentation to the City Council when the renewal is being considered.

Terminating a Friendship City Affiliation:

A Friendship City affiliation will be effective for two years. After two years, the Friendship City affiliation will automatically expire unless renewed.

While regrettable, it is sometimes necessary for a city to terminate a Friendship City affiliation prior to the end of the two year term. For a variety of reasons a Friendship City relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may opt to terminate the Friendship City relationship.

INTERNATIONAL DELEGATIONS
Intent of International Delegations:

The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding.

Delegations must contact city staff at least 60 days in advance in arranging meetings, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Manager' s Office, the City will:

Provide City promotional items typically given at community events to government representatives from visiting countries. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.

Facilitate meetings with City officials.

Conduct tours of city facilities.
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Travel and Program Expenses:

Program Expenses-
The City Council will, as part of its annual budget adoption process, establish a program budget for promotional items for delegations. Promotional gifts or gift bags shall not exceed the cost of$ 25 each.

Councilmembers on an official delegation visit to a Sister City or Friendship City typically present a gift to the host city dignitary, such as the Mayor. This host- city dignitary gift should not exceed $ 200.

Travel Expenses-
International travel shall be at the expense of the traveling Councilmember unless authorized in advance by the City Council.
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POLICIES AND

GUIDELINES ON SISTER

CITIES, FRIENDSHIP CITIES,

AND INTERNATIONAL

DELEGATIONS FOR THE

CITY OF CUPERTINO
Citywide Policy Manual
Policy #
Attachments:

Effective Date:

Responsible Department:

City Manager’s Office
Related Policies & Notes:

Prior versions: 2005, 2013, 2016, 2018

Background:

Currently, Cupertino has four active Sister Cities registered with Sister Cities International; the cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India. In addition, Cupertino has established several Friendship City relationships and attracts many international delegations for cultural, educational, business, and economic development reasons.

SISTER CITIES

Intent of Sister City Affiliations:

The City recognizes the value of developing people‐to‐people contacts as a way to further international communication and understanding. Sister City partnerships have proved very successful in fostering educational, technical, economic and cultural exchanges.

Sister City relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.

The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long‐term, continuing basis.

The City intends to provide limited financial support to those Sister City Committees that operate student exchange programs. Those Sister City organizations which do not operate student exchange programs shall be completely financially independent from the City, except for limited City facility use.
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Sister City Citizen Committee Responsibilities (Receiving City Support):

 Identify, manage, coordinate and implement all activities related to the Sister City Program.
 Establish a formal, incorporated 501(c)(3) structure, with officers and subcommittees.
 Solicit donations and in‐kind contributions from the local community as appropriate.
 Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.  Finance activities from fundraising efforts and resources other than public funding, including all travel and program expenses, postage, fax, copying, and printing costs for events in which the City is participating. This includes fundraising or securing gifts for special celebrations, such as anniversaries.  Prepare a detailed budget including funds raised through fundraising efforts and public (City) funding for events and activities and keep track of expenses. The budget should show funds available and should identify adequate, ongoing funding sources for program activities.
 Work with City staff at least two one months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing promotional gifts, similar notice is required, unless waived by the City Manager.

 Meet the following eligibility  requirements/annual submittals:
o Proof of 501(c)(3) status
o Detailed accounting of prior year actual revenue and expenses o Summary of prior year activities
o Proposed budget plan
o Fundraising plan

Sister City Citizen Committee Responsibilities (Not Receiving City Support):

 Identify, manage, coordinate, and implement all activities related to the Sister City Program.
 Establish a formal, incorporated 501(c)(3) structure, with officers and appropriate functional sub committees.
 Solicit donations and in‐kind contributions from the local community as appropriate.
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 Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.

City of Cupertino Responsibilities (With regard to City supported Sister City Committees):

Coordinated through the City Manager’s Office, the City will serve as a support for programs and activities by:

 Providing for set‐up and complimentary access to a large City facility for three community events per Sister City per fiscal year. All cost of food, drinks, and materials are the responsibility of the Sister City Committee.  The City shall Aaccepting gifts from the Sister City. Said gifts are, which will be considered  the property of the City and shallmay be displayed at a City facility or distributed at the Cityʹs discretion.offered to the Sister City Committee at City’s discretion.
 The City Manager’s Office will establish and maintain a written record of said gifts, regardless of actual or perceived monetary value, received by Sister and/or Friendship Cities.  The written gift log will include: donation City, gift date, gift occasion (if applicable), and whether they are being offered to the Sister City Committeefacility location for display of the gift(s).

 Providing up to $2,500 per year for a Sister City with a student exchange program of 5up to 9 student delegates and up to $5,000 per year for a Sister City with a student exchange program of 10 or more student delegates.

Coordinated through the City Managerʹs Office, the City will serve as a support for Sister City programs and activities by:

 Providing access to postage, fax, copying and printing equipment to Sister City Committee members for support of Sister City events in which the City is participating. City staff is not responsible for preparing mailings or printed materials.
 Providing the use of meeting room space (up to 18 per calendar year) at no cost to the Sister City Committee for related activities. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.
 Providing City promotional gift items, when budget allows, typically given at community events to government representatives and student delegations from visiting countries. These include but are not limited to: logoed branded t‐shirts, pens, reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall not exceed $25. Additional gifts presented to members of a Sister City delegation are the responsibility of the Sister City Committee.

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 Facilitating participation of City officials.

City of Cupertino Responsibilities (With regard to non‐City supported Sister City Committees):

 The City shall maintain registration with the Sister Cities International organization.
 Provide the use of meeting room space (up to 4 per calendar year) at no cost to the Sister City Committee for related activities. For additional meeting room uses, non‐City supported Sister City Committees shall be charged the facility use resident rate on the rental of any Ci ty  facility. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.

Travel and Program Expenses:

Program Expenses:
 The City Council will, as part of its annual budget adoption process, establish a program budget for anticipated City supported Sister City program activities.

This budget will include up to $2,500 for a Sister City with a student exchange program of 5 toup to 9 student delegates and up to $5,000 for a Sister City with a student exchange program of 10 or more student delegates, as funds allow. This adopted budget, less the cost of the Sister City membership fee, will be remitted to the Committee once an accounting of the prior yearʹs expenditures has been received and reviewed by the Finance Department. These funds represent the Cityʹs sole monetary commitment each fiscal year with the exception of the items listed above.

Travel Expenses:
 The City will pay for 50% of one trip per year, per for the Mayor or their designee, member, provided the trip is in conjunction with an official delegation.  All other Council or City Staff travel for Sister City programs mustshall be funded by Sister City Committee fundraising activities, when feasible, or by the individual traveling councilmember or staff member, unless authorized in advance by the City Council.
 The City will budget for one Sister City delegation trip per year.  The number of current Sister City relationships will determine the rotating frequency of delegate visits (e.g. visits to each Sister City will occur every three years when three current Sister City relationships exist, every ten years when ten relationships exist, etc.) Travel expenses for Sister City visits occurring outside this annual rotating schedule will be the sole responsibility of the persons traveling.

New Affiliations:

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To ensure that there is a broad base of community support for a global partnership, the citizen committee responsible for implementing  the Sister City program should include at  least  10  active  Cupertino  residents  who  are  committed  to  making  a  new  affiliation successful.

No more than one Sister City re lationship  may be established in any given country.

Proposal Process

The  new  Sister  City  Committee  will  prepare  and  submit  the  following  to  the  City  of Cupertino:
 Detailed demographic profile of the prospective city
 Application for a formal, incorporated 501(c)(3) structure, with officers and appropriate subcommittees
 Documentation of broad‐based community support, with a minimum of 10 members on the organizing committee
 A preliminary program plan outlining objectives and funding  sources If the City Council adopts a resolution establishing a new Sister City relationship, the City shall register that new Sister City with Sister Cities International. If the proposed new Sister City Committee desires to operate a student exchange program (with a minimum of 5 student delegates and open to any school within the Cupertino Union School District and/or Fremont Union High School District boundaries) and demonstrates that it can meet its responsibilities as a City supported Sister City Committee, the City the budget for the following year shall be adjusted, the budget for the following year if approved by Council, to provide for financial support.

Terminating a Sister City Affiliation

While regrettable, it is sometimes necessary for a city to terminate a Sister City affiliation. Sister City affiliations are meant to be long‐standing, official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lo se community interest and support, and Cupertino or the Sister City may opt to terminate the Sister City relationship.

If  a  Sister  City  affiliation  is  inactive  for  a  period  of  three  years  and  there  is  a  lack  of community support for the Sister City relationship to continue, the City may initiate the process  to  terminate  the  Sister  City  affiliation  with  the  Sister  City  and  Sister  Ci ties
International.  Termination  process  resulting  from  inactivity  shall  be  administered  by  the  City Manager or designee, who shall inform the partner sister city of the decision through a written letter.  City  Manager’s  Office  shall  also  inform  the  Council  of  the  termination  through  an informational memo.

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FRIENDSHIP CITIES

Intent of Friendship City Affiliations:

The City recognizes the value of developing people‐to‐people contacts as a way to further international  communication  and  understanding.  Friendship  city  partnerships  can  be effective in fostering increased global cooperation and communication. Friendship cities may be established, however, they will not be considered official Sister Cities and are not e
ligible for City funding.

New Affiliations:

All proposed Friendship City relationships must have Councilmember or community sponsorship and be approved by the City Council. The Friendship City will submit a Friendship City application to the City of Cupertino, which requires sponsorship from a Council Member and a citizenʹ s committee to ensure the new affiliation is successful. If a
pproved, the City will issue a signed Letter of Intent establishing the Friendship City relationship.

A Friendship City affiliation will be effective for two years and may be renewed administratively every two years.

Friendship City Committee Responsibilities:

 Identify, manage, coordinate and implement all activities related to the Friendship City program.
 Maintain communication with the affiliate Friendship City, ensuring the counterpart is equally committed.
 Work with City staff at least two one months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Manager’s Office, the City will:

 Issue a signed Letter of Intent establishing the a  new Friendship City relationship in an effort to assist international delegation visits from the Friendship City.  Provide City promotional items typically given at community events to government representatives from visiting countries as the budget allows. These 39 CC 10-10-2023
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may include, but are not limited to: City t‐shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.
 Facilitate meetings with City officials.
 Conduct tours of city facilities.

Travel and Program Expenses:

Friendship City travel and program expenses will be treated as those of international delegations and will follow the guidelines outlined in this policy in the “Travel and Program Expenses” section under “INTERNATIONAL DELEGATIONS.” Friendship Cities must establish a 501(c)(3) tax exempt organization before participating tin the travel program.

Renewal of Friendship City Relationship

Friendship City renewals should be requested by an official of the Friendship City with support of the Friendship City Committee. The Friendship City Committee should submit a renewal application, which includes:
• Intent to renew letter from Friendship City official on official letterhead. • Summary of Friendship City delegation visits to Cupertino hosted by the Committee over the last two years.
• Summary of Cupertino delegation visits hosted by Friendship City. • Description of activities held and outcomes.
• How the relationship has been mutually beneficial for Cupertino and the friendship community.
• An updated profile of the Friendship City Committee.

Notification of the intent to renew the Friendship City relationship should be sent to the City at least 60 days in advance to ensure sufficient time to process the renewal. Renewals will be processed administratively through the City Manager’s Office. Friendship City committees are not required to will also be expected to prepare a presentation for the City Council.

However, Friendship City committees may but may submit any presentation materials to be included as part of the renewal process.

Terminating a Friendship City Affiliation:

A fFriendship Ccity affiliation will be effective for two years. After two years the Ffriendship Ccity  affiliation  will  automatically  expire  unless  renewed.  Renewal  requests  after  the expiration date has passed will be considered at the City Manager’s discretion.

While regrettable, it is sometimes necessary for a city to terminate a Friendship City affiliation prior to the end of the
two‐year term. For a variety of reasons, a Friendship City relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may 40 CC 10-10-2023
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opt to terminate the Friendship City relationship by notifying the City Manager’s Office in writing,

INTERNATIONAL DELEGATIONS

Intent of International Delegations:

The City recognizes the value of developing people‐to‐people contacts as a way to further international communication and understanding.

Delegations  must  contact  city  staff  at  least  60  days  in  advance  in  arranging  meetings, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Managerʹs Office, the City will:

 Provide City promotional items typically given at community events to government representatives from visiting countries. These may include, but are not limited to:
branded city t‐shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.  Facilitate meetings with City officials.
 Conduct tours of city facilities.

Travel and Program Expenses:

Program Expenses ‐

The City Council will, as part of its annual budget adoption process, establish a program budget for promotional items for delegations.  Promotional gifts shall not exceed the cost of $25 each.

Councilmembers on an official delegation visit to a Sister City or Friendship City typically present a gift to the host city dignitary, such as the Mayor. This host‐City dignitary gift should not exceed $200.

Travel Expenses ‐

International travel shall be at the expense of the traveling Councilmember or any accompanying staff member unless authorized in advance by the City Council. 41 CC 10-10-2023
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POLICIES AND GUIDELINES ON

SISTER CITIES, FRIENDSHIP

CITIES, AND INTERNATIONAL

DELEGATIONS

FOR THE CITY OF CUPERTINO
Citywide Policy Manual
Policy #
Attachments:

Effective Date:

October 2023
Responsible Department:

City Manager’s Office
Related Policies & Notes:

Prior versions: 2005, 2013, 2016, 2018

Background:

Cupertino has four active Sister Cities registered with Sister Cities International; the cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India.

In addition, Cupertino has established several Friendship City relationships and attracts many international delegations for cultural, educational, business, and economic development reasons.

SISTER CITIES

Intent of Sister City Affiliations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding. Sister City partnerships have proved very successful in fostering educational, technical, economic and cultural exchanges.

Sister City relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.

The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long-term, continuing basis.

The City intends to provide limited financial support to those Sister City Committees that operate student exchange programs. Those Sister City organizations which do not operate student exchange programs shall be completely financially independent from the City, except for limited City facility use.

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Sister City Citizen Committee Responsibilities (Receiving City Support):

• Identify, manage, coordinate and implement all activities related to the Sister City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and subcommittees.
• Solicit donations and in-kind contributions from the local community as appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program. • Finance activities from fundraising efforts and resources other than public funding, including all travel and program expenses, postage, fax, copying, and printing costs for events in which the City is participating. This includes fundraising or securing gifts for special celebrations, such as anniversaries. • Prepare a detailed budget including funds raised through fundraising efforts and public (City) funding for events and activities and keep track of expenses. The budget should show funds available and should identify adequate, ongoing funding sources for program activities.
• Work with City staff at least one month in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing promotional gifts, similar notice is required, unless waived by the City Manager.
• Meet the following eligibility requirements/annual submittals:
o Proof of 501(c)(3) status
o Detailed accounting of prior year actual revenue and expenses o Summary of prior year activities
o Proposed budget plan
o Fundraising plan

Sister City Citizen Committee Responsibilities (Not Receiving City Support):

• Identify, manage, coordinate, and implement all activities related to the Sister City Program.
• Establish a formal, incorporated 501(c)(3) structure, with officers and appropriate functional sub committees.
• Solicit donations and in-kind contributions from the local community as appropriate.
• Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program. 43 CC 10-10-2023
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City of Cupertino Responsibilities (With regard to City supported Sister City Committees):

Coordinated through the City Manager’s Office, the City will serve as a support for programs and activities by:

• Providing for set-up and complimentary access to a large City facility for three community events per Sister City per fiscal year. All cost of food, drinks, and materials are the responsibility of the Sister City Committee. • The City shall accept gifts from the Sister City, which will be considered the property of the City and may be displayed at a City facility or offered to the Sister City Committee at City’s discretion.
• The City will establish and maintain a written record of said gifts, regardless of actual or perceived monetary value. The written gift log will include: donation City, gift date, gift occasion (if applicable), and whether they are being offered to the Sister City Committee.
• Providing up to $2,500 per year for a Sister City with a student exchange program of up to 9 student delegates and up to $5,000 per year for a Sister City with a student exchange program of 10 or more student delegates.

Coordinated through the City Manager's Office, the City will serve as a support for Sister City programs and activities by:

• Providing access to postage, fax, copying and printing equipment to Sister City Committee members for support of Sister City events in which the City is participating. City staff is not responsible for preparing mailings or printed materials.
• Providing the use of meeting room space (up to 18 per calendar year) at no cost to the Sister City Committee for related activities. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.
• Providing City promotional gift items, when budget allows, typically given at community events to government representatives and student delegations from visiting countries. These include but are not limited to: branded t-shirts, pens, reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall not exceed $25. Additional gifts presented to members of a Sister City delegation are the responsibility of the Sister City Committee.

• Facilitating participation of City officials.

City of Cupertino Responsibilities (With regard to non-City supported Sister City Committees):

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• The City shall maintain registration with the Sister Cities International organization.
• Provide the use of meeting room space (up to 4 per calendar year) at no cost to the Sister City Committee for related activities. For additional meeting room uses, non-City supported Sister City Committees shall be charged the facility use resident rate on the rental of any City facility. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center’s Cupertino Room.

Travel and Program Expenses:

Program Expenses:
• The City Council will, as part of its annual budget adoption process, establish a program budget for anticipated City supported Sister City program activities.

This budget will include up to $2,500 for a Sister City with a student exchange program of up to 9 student delegates and up to $5,000 for a Sister City with a student exchange program of 10 or more student delegates, as funds allow. This adopted budget, less the cost of the Sister City membership fee, will be remitted to the Committee once an accounting of the prior year's expenditures has been received and reviewed by the Finance Department. These funds represent the City's sole monetary commitment each fiscal year with the exception of the items listed above.

Travel Expenses:
• The City will pay for 50% of one trip per year for the Mayor or their designee, provided the trip is in conjunction with an official delegation. • All other Council travel for Sister City programs shall be funded by Sister City Committee fundraising activities, when feasible, or by the individual traveling councilmember, unless authorized in advance by the City Council. • The City will budget for one Sister City delegation trip per year. The number of current Sister City relationships will determine the rotating frequency of delegate visits (e.g. visits to each Sister City will occur every three years when three current Sister City relationships exist, every ten years when ten relationships exist, etc.) Travel expenses for Sister City visits occurring outside this annual rotating schedule will be the sole responsibility of the persons traveling.

New Affiliations:

To ensure that there is a broad base of communit y support for a global partnership , the citizen committee responsible for implementing the Sister City program should include at least 10 acti ve Cupertino residents who are committed to making a new affiliation successful.

No more than one Sister City relationship may be established in any given country. 45 CC 10-10-2023
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Proposal Process

The new Sister Cit y Committee will prepare and submit the following to the Cit y of Cupertino:
• Detailed demographic profile of the prospective city
• Application for a formal, incorporated 501(c)(3) structure, with officers and appropriate subcommittees
• Documentation of broad-based community support, with a minimum of 10 members on the organizing committee
• A preliminary program plan outlining objectives and funding sources If the City Council adopts a resolution establishing a new Sister City relationship, the City shall register that new Sister City with Sister Cities International. If the proposed new Sister City Committee desires to operate a student exchange program (open to any school within the Cupertino Union School District and/or Fremont Union High School District boundaries) and demonstrates that it can meet its responsibilities as a City supported Sister City Committee, the budget for the following year shall be adjusted, if approved by Council, to provide for financial support.

Terminating a Sister City Affiliation

While regrettable, it is sometimes necessary for a city to terminate a Sister City affiliation. Sister City affiliations are meant to be long-standing, official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lose community interest and support, and Cupertino or the Sister City may opt to terminate the Sister City relationship.

If a Sister City affiliation is inactive for a period of three years and there is a lack of community support for the Sister City relationship to continue, the City may initiate the process to terminate the Sister City affiliation with the Sister City and Sister Cities International. Termination process resulting from inactivity shall be administered by the City Manager or designee, who shall inform the partner sister cit y of the decision through a written letter. City Manager’s Office shall also inform the Council of the termination through an informational memo.

FRIENDSHIP CITIES

Intent of Friendship City Affiliations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding. Friendship city partnerships can be effective in fostering increased global cooperation and communication. Friendship cities 46 CC 10-10-2023
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may be established, however, they will not be considered official Sister Cities and are not eligible for City funding.

New Affiliations:

All proposed Friendship City relationships must have Councilmember or community sponsorship and be approved by the City Council. The Friendship City will submit a Friendship City application to the City of Cupertino, which requires sponsorship from a Council Member and a citizen' s committee to ensure the new affiliation is successful. If approved, the City will issue a signed Letter of Intent establishing the Friendship City relationship.

A Friendship City affiliation will be effective for two years and may be renewed administratively every two years.

Friendship City Committee Responsibilities:

• Identify, manage, coordinate and implement all activities related to the Friendship City program.
• Maintain communication with the affiliate Friendship City, ensuring the counterpart is equally committed.
• Work with City staff at least one month in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required, unless waived by the City Manager.

City of Cupertino Responsibilities:

Coordinated through the City Manager’s Office, the City will:

• Issue a signed Letter of Intent establishing a new Friendship City relationship in an effort to assist international delegation visits from the Friendship City. • Provide City promotional items typically given at community events to government representatives from visiting countries as the budget allows. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.
• Facilitate meetings with City officials.
• Conduct tours of city facilities.

Travel and Program Expenses:

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Friendship City travel and program expenses will be treated as those of international delegations and will follow the guidelines outlined in this policy in the “Travel and Program Expenses” section under “INTERNATIONAL DELEGATIONS.” Friendship Cities must establish a 501(c)(3) tax exempt organization before participating in the travel program.

Renewal of Friendship City Relationship

Friendship City renewals should be requested by an official of the Friendship City with support of the Friendship City Committee. The Friendship City Committee should submit a renewal application, which includes:
• Intent to renew letter from Friendship City official on official letterhead. • Summary of Friendship City delegation visits to Cupertino hosted by the Committee over the last two years.
• Summary of Cupertino delegation visits hosted by Friendship City. • Description of activities held and outcomes.
• How the relationship has been mutually beneficial for Cupertino and the friendship community.
• An updated profile of the Friendship City Committee.

Notification of the intent to renew the Friendship City relationship should be sent to the City at least 60 days in advance to ensure sufficient time to process the renewal. Renewals will be processed administratively through the City Manager’s Office. Friendship City committees are not required to prepare a presentation for the City Council. However, Friendship City committees may submit presentation materials to be included as part of the renewal process.

Terminating a Friendship City Affiliation:

A Friendship City affiliation will be effective for two years. After two years the Friendship City affiliation will automatically expire unless renewed. Renewal requests after the expiration date has passed will be considered at the City Manager’s discretion.

While regrettable, it is sometimes necessary for a city to terminate a Friendship City affiliation prior to the end of the two-year term. For a variety of reasons, a Friendship City relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may opt to terminate the Friendship City relationship by notifying the City Manager’s Office in writing,

INTERNATIONAL DELEGATIONS

Intent of International Delegations:

The City recognizes the value of developing people-to-people contacts as a way to further international communication and understanding.
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Delegations must contact cit y staff at least 60 da ys in advance in arranging meetings , unless waived by the City Manager.

Travel and Program Expenses:

Program Expenses -

The City Council will, as part of its annual budget adoption process, establish a program budget for promotional items for delegations. Promotional gifts shall not exceed the cost of $25 each.

Councilmembers on an official delegation visit to a Sister City or Friendship City typically present a gift to the host city dignitary, such as the Mayor. This host-City dignitary gift should not exceed $200.

Travel Expenses -

International travel shall be at the expense of the traveling Councilmember or any accompanying staff member unless authorized in advance by the City Council. 49 CC 10-10-2023
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CITY OF CUPERTINO
Agenda Item
23-12431 Agenda Date:
10/10/2023 Agenda #: 6.

Subject: Community Development Block Grant (CDBG) Program funding allocation for the Senior Center Fire Alarm Upgrade Project

1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City’s Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project.

2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding
CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Community Development Block Grant (CDBG) Program funding allocation for the Senior Center Fire Alarm Upgrade Project.

Recommended Action

1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City’s Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project.

2. Adopt Resolution no. 24 -XXX approving Budget Modification no. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements proje ct by $367,951.38 through the use of CDBG funding.

Reasons for Recommendation
Background
Each year the City goes through an annual funding process for its grant programs, which culminates with the City Council reviewing and approving funding allocation s for the programs. This year, Council review and approval occurred on May 2, 2023, which included the Community Development Block Grant (CDBG) Program. The applications received did not fully obligate the funds available, leaving a portion of CDBG fundi ng unallocated until a suitable , eligible project could be found. Staff has now identified an eligible project in the CDBG Capital/Housing category , the upgrading of the fire alarm system at the City’s Senior Center.

Housing Commission Recommendation
According to Section 2.86.100 of the City’s municipal code, one of the powers and functions of the Housing Commission is to make recommendations regarding requests for money from the CDBG and Affordable Housing Funds. The Housing Commission held a public h earing during its regular meeting on September 14, 2023, to review the proposed Senior Center Fire Alarm Upgrade Project for submission to the U.S. 51 CC 10-10-2023
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2 Department of Housing and Urban Development (HUD) on the condition that the City Council approves the use of CDBG fund ing for the project . The Commission unanimously (4 -0, 1 absent) recommended approval of the proposed CDBG funding allocation for the Fire Alarm Upgrade Project at the City’s Senior Center.

CDBG Funding for the Senior Center Fire Alarm Upgrade Project HUD annually allocates CDBG funding to local jurisdictions for a range of community development activities. HUD regulations require that eligible activities selected for funding must benefit very lo w, low, or moderate-income household s, eliminate a blighted area, or address an urgent (emergency) community need. Per CDBG regulations, the activities must also meet a HUD national objective, and fall under an eligible activity category. After meeting with HUD staff and considering the eligibility criteria , it was determined that a project at the City’s Senior Center would be the best fit to receive CDBG funding.

In 2018 the City commissioned a Building Condition Assessment ( BCA) report (Attachment A), which was updated in 2022, to gauge the condition of all of its facilities, including the Senior Center. The BCA is used to generate new projects and ranks them based on their priority level. This report determined that the existing fire alarm system at the Senior Center is approaching the end of its useful life and needs to be replaced with a complete, sitewide, fully addressable system. Since this project is crucial for the safety of the seniors and others at the Senior Center, it was determined to be priority level one.

The BCA also estimated the cost of the project to be a pproximately $310,000 based on a number of factors including construction, architect/engineer fees, construction management, contingency, and permits. Based on the actual costs for similar projects at other City facilities, the cost estimate was revised to approximately $340,000.

When using CDBG fundi ng for a construction project, the project must comply with federal labor provisions, including Davis-Bacon and Related Acts (DBRA). Given this, a labor standards consultant will be procured to ensure these provisions are followed, and the estimated cost for this consultant is approximately $20,000 , bringing the total estimated cost for the Senior Center Fi re Alarm Upgrade Project to approximately $360,000.

After the City Council approved the funding allocations for the City’s grant funding programs on May 2, 2023, there was an excess $ 367,951.38 in CDBG Capital/Housing funds that were left. City staff is now proposing to use this funding for the Senior Center Fire Alarm Upgrade Project.

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3 Sustainability Impact
Authorization of the use of CDBG funding for this project will not result in a sustainability impact.

Fiscal Impact
The CDBG program and its projects are funded by HUD grant funds. Authorization of the use of CDBG funds by transfer (260 -90-001) to the Capital Improvement Fund will provide funding for the Building Condition Assessment Report Improvements - Senior Center Fire Alarm Upgrade project (420-99-063).

California Environmental Quality Act
This proposed grant award is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (maintenance of existing facilities).

If appr oved for funding, the project will follow the proper environmental review procedures for the design and implementation of the work in order to comply with CEQA and National Environmental Policy Act (NEPA) requirements.

Prepared by: Alec Vybiral, Assistant Housing Planner Reviewed by: Luke Connolly, Assistant Director of Community Development
Benjamin Fu, Director of Community Development
Approved for Submission by: Matt Morley, Assistant City Manager Pamela Wu, City Manager

Attachments:

A - Senior Center Building Condition Assessment Report
B - Draft Resolution
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FACILITY CONDITION ASSESSMENTS | F1
Senior Center
Appendix F
Address: 21251 Stevens Creek Boulevard, Cupertino, CA 95014 Detailed Report
Facility Y ear Built Building Area Replacement Cost Replacement Cost/SF Senior Center 2001 remodeled.

Original
construction
1978
15,500 $19,883,000 $1,283
Facility Capital Renewal
Cost
FCI Condition Score Condition Rating
Senior Center $1,88,1970 0.095 B FAIR
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F2
CITY OF CUPERTINO | FINAL REPORT
Assessment Descriptions
Architectural Elements
The Senior Center was originally constructed in 1978 and remodeled in 2001 and includes several classrooms, meeting rooms, a dining area, and a kitchen used by senior citizens.

Interior finishes include a mixture of painted textured gypsum and acoustical tile ceilings, painted texture gypsum walls with stained wood trim, and carpeted and resilient flooring throughout. In general, the interior finishes are in good condition and appear to be updated regularly. Other than some minor signs of wear and use, no major deficiencies were noted in the interior.

The exterior envelope consists of cement plaster walls with wood framed windows and aluminum storefront doors, and clay tile roofing. Overall, the exterior appears to be in good condition.

Mechanical Systems
The mechanical systems consist of packaged air conditioning units, split system units, rooftop exhaust fans, and air handling units. The conditioned air is distributed to the spaces via concealed hard ducts and diffusers. Overall, the mechanical systems appear to be in operable condition.

Electrical Systems
Electrical power is provided by a 1000-amp metered main switchboard and distributed via several switchboards throughout the building. The electrical equipment appears to be in good operational condition but past its expected useful life.

Interior lighting is primarily provided by recessed fluorescent and exterior lighting is provided by wall and recessed soffit mounted fixtures. The lighting system appears to be in good operational conditions; however, assuming they were upgraded in 2001, the fixtures are past their expected useful life.

Plumbing Elements
The plumbing systems consist of domestic cold and hot water piping, gas piping, sanitary waste piping, and vent piping. The domestic hot water is provided by a gas-fired water heater. Overall, the plumbing systems appear to be in operable condition.

Fire Protection
The building is equipped with a fire alarm and sprinkler system that appears to be in operational condition. A fire alarm panel was not observed in the facility. Based on that, the existing fire alarm system appears to be an outdated pull-down switch system. Based on the age of the building and information provided both systems are past their expected useful life. 55 CC 10-10-2023
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FACILITY CONDITION ASSESSMENTS | F3
Conclusion
For the Senior Center, these charts summarize the Capital Renewal Costs by Priority with their associated costs and escalation based on the time period anticipated for implementation.

Detailed Capital Renewal Costs by Priority, broken down by Building System Class, are included in the following CIP Deficiency Cost Summary. This chart summarizes all of the more detailed information from the subsequent Deficiency Table. To supplement the Deficiency Table, representative photographs and descriptions are included.

Priority 1 Priority 2 Priority 3 Priority 4 Priority 5 Total 8% Escalation 13% Escalation 18% Esca lation 23% Escalation 28% Escalation $309,330 $583,060 $1,207,710 $69,130 $0 $2,169,230

14.26% 26.88% 55.67% 3.19% 0.00% 100.00%

Senior Center
Capital Renewal Costs by Priority
Priority 1
$309,330
Priority 2
$583,060
Priority 3
$1,207,710
Priority 4
$69,130
CAPITAL RENEWAL COSTS BY PRIORITY CHART
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F4
CITY OF CUPERTINO | FINAL REPORT
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Cupertino
Facility Condition Assessment
Senior Center
Building System
Class
Current
Costs

CIP DEFICIENCY COST SUMMARY
Uniformat
Code
Construction Increase - Cumulative Escalation
8%
Priority 1
0-12 Months
Priority 2
1-2 Years
Priority 3
2-3 Years
Priority 4
3-4 Years
Priority 5
4-5 Years
Condition Score: B
FCI: 0.095
Condition Rating: FAIRReplacement Cost/SF: $1,283
Capital Renewal Cost: $1,881,970
Replacement Cost: $19,883,000
13% 18% 23% 28%
D3030 COOLING SYSTEMS $472,770 - $504,750 $30,830 - -
D3050 FACILITY HVAC

DISTRIBUTION SYSTEMS
$69,300 - $78,310 - - -
D3060 VENTILATION $56,160 - - - $69,130 -
D5020 ELECTRICAL SERVICE AND

DISTRIBUTION
$102,960 - - $121,510 - -
D5040 LIGHTING $894,370 - - $1,055,370 - -
D7050 DETECTION AND ALARM $286,410 $309,330 - - - -
$1,881,970 $309,330 $583,060 $1,207,710 $69,130 -TOTALS TOTAL
(Priority 1-5
without escalation) TOTAL
(Priority 1-5 with escalation)
$1,881,970
$2,169,230

APPENDIX F
F5
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Deficiency
Description
Description of
Work
Qty Unit Total
Deficiency
Cost (2)
Deficiency
Cost
(1)
LocationSystem Item No.

Cupertino
Facility Condition Assessment
Senior Center
(1) Deficiency Cost = Qty x Unit Cost
(2) Total Deficiency Cost = (Deficiency Cost) x (General Construction Factor) x (City Cost Index) x (Non Construction Cost) x (Escalation) General Construction Factor [1.4] = Estimating Contingency, General Conditions, Overhead and Profit, Insurance and Bonds City Cost Index [1.235] = A Compensation for Cost Variation per Geographical Location Non Construction Cost [1.3] = Includes Architect/Engineer Fees, Construction Management, Client Administration, Permits, Testing, etc.

DEFICIENCY TABLE
PriorityRecord ID
D7050 -

DETECTION

AND ALARM
D7050.10.025 The existing fire
alarm system is
approaching the
end of its useful life
and should be
replaced.

Replace the
existing fire alarm
system with a
complete, site-
wide, fully
addressable fire
alarm system.
15,500 SF 1$127,420 $309,3301158
D3030 -

COOLING

SYSTEMS
D3030.10.018 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $20,560 $52,230446
D3030 -

COOLING

SYSTEMS
D3030.10.018 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $20,560 $52,230448
D3030 -

COOLING

SYSTEMS
D3030.10.019 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $34,260 $87,030454
D3030 -

COOLING

SYSTEMS
D3030.10.019 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $34,260 $87,030450
D3030 -

COOLING

SYSTEMS
D3030.10.019 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $34,260 $87,030452
D3030 -

COOLING

SYSTEMS
D3030.10.020 Packaged AC unit
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 21 $54,800 $139,200442
D3050 -

FACILITY HVAC

DISTRIBUTION

SYSTEMS
D3050.50.006 Air handler is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 2Roof $30,830 $78,310445
D3030 -

COOLING

SYSTEMS
D3030.70.043 Split system with
fan coil and
outdoor
condensing unit is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 31 $11,620 $30,830464
D5020 -

ELECTRICAL

SERVICE AND

DISTRIBUTION
D5020.10.305 The 1000A
metered main
switchboard (3P,
120/208 ) is
approaching the
end of its expected
useful life.

Replace the
existing metered
main switchboard
with a new
metered main
switchboard.
1 EA 31 $14,110 $37,430457
D5020 -

ELECTRICAL

SERVICE AND

DISTRIBUTION
D5020.30.1008 The 225A
(120/208, 3P)
panelboard is past
its expected useful
life.

Replace the
existing
panelboard with a
new panelboard.
1 EA 3Kitchen $7,920 $21,020477
D5020 -

ELECTRICAL

SERVICE AND

DISTRIBUTION
D5020.30.1008 The 225A
(120/208, 3P)
panelboard is past
its expected useful
life.

Replace the
existing
panelboard with a
new panelboard.
1 EA 31 $7,920 $21,020461
D5020 -

ELECTRICAL

SERVICE AND

DISTRIBUTION
D5020.30.1008 The 225A
(120/208, 3P)
panelboard is past
its expected useful
life.

Replace the
existing
panelboard with a
new panelboard.
1 EA 3Kitchen $7,920 $21,020476

APPENDIX F

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Deficiency
Description
Description of
Work
Qty Unit Total
Deficiency
Cost (2)
Deficiency
Cost
(1)
LocationSystem Item No.

Cupertino
Facility Condition Assessment
Senior Center
(1) Deficiency Cost = Qty x Unit Cost
(2) Total Deficiency Cost = (Deficiency Cost) x (General Construction Factor) x (City Cost Index) x (Non Construction Cost) x (Escalation) General Construction Factor [1.4] = Estimating Contingency, General Conditions, Overhead and Profit, Insurance and Bonds City Cost Index [1.235] = A Compensation for Cost Variation per Geographical Location Non Construction Cost [1.3] = Includes Architect/Engineer Fees, Construction Management, Client Administration, Permits, Testing, etc.

DEFICIENCY TABLE
PriorityRecord ID
D5020 -

ELECTRICAL

SERVICE AND

DISTRIBUTION
D5020.30.1008 The 225A
(120/208, 3P)
panelboard is past
its expected useful
life.

Replace the
existing
panelboard with a
new panelboard.
1 EA 31 $7,920 $21,020462
D5040 -

LIGHTING
D5040.50.302 The exterior fixture
is approaching the
end of its expected
useful life.

Replace the
existing wall
mounted lighting
fixture with an LED
lighting fixture.
20 EA 3$19,380 $51,4201132
D5040 -

LIGHTING
D5040.50.411 Interior lighting
system is at or is
past its expected
useful life.

Provide new
interior lighting and
control system
throughout building
per current CEC
T24 code.
15,500 SF 3$378,520 $1,003,9501131
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360443
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360447
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360453
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360451
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360455
D3060 -

VENTILATION
D3060.30.005 Roof exhaust fan is
approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $3,020 $8,360449
D3060 -

VENTILATION
D3060.30.011 Utility exhaust fan
is approaching the
end of its expected
useful life.

Provide equipment
replacement and
installation.
1 EA 4Roof $6,860 $18,970444

APPENDIX F

F7
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: 1
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.020
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $139,200
Record ID 442
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 443
PHOTO
NOT

APPLICABLE
Utility exhaust fan is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.011
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $18,970
Record ID 444

APPENDIX F

F8
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
Air handler is approaching the end of its
expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3050.50.006
Comments: Air Handler
System D3050 - FACILITY HVAC DISTRIBUTION

SYSTEMS
Total Deficiency Cost: $78,310
Record ID 445
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.018
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $52,230
Record ID 446
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 447

APPENDIX F

F9
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.018
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $52,230
Record ID 448
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 449
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.019
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $87,030
Record ID 450

APPENDIX F

F10
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 451
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.019
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $87,030
Record ID 452
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 453

APPENDIX F

F11
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
Packaged AC unit is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 2
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.10.019
Comments: Packaged Unit
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $87,030
Record ID 454
PHOTO
NOT

APPLICABLE
Roof exhaust fan is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 4
Quantity/Unit of Measure: 1/EA
Floor/Room: Roof
Description of Work: Provide equipment replacement and
installation.

Item No. D3060.30.005
Comments: Exhaust Fan
System D3060 - VENTILATION
Total Deficiency Cost: $8,360
Record ID 455
PHOTO
NOT

APPLICABLE
The 1000A metered main switchboard (3P,
120/208 ) is approaching the end of its
expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1
Description of Work: Replace the existing metered main
switchboard with a new metered main
switchboard.

Item No. D5020.10.305
Comments: Metered Switchboard
System D5020 - ELECTRICAL SERVICE AND

DISTRIBUTION
Total Deficiency Cost: $37,430
Record ID 457

APPENDIX F

F12
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
The 225A (120/208, 3P) panelboard is
past its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1
Description of Work: Replace the existing panelboard with a new panelboard.

Item No. D5020.30.1008
Comments: Panelboard
System D5020 - ELECTRICAL SERVICE AND

DISTRIBUTION
Total Deficiency Cost: $21,020
Record ID 461
PHOTO
NOT

APPLICABLE
The 225A (120/208, 3P) panelboard is
past its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1
Description of Work: Replace the existing panelboard with a new panelboard.

Item No. D5020.30.1008
Comments: Panelboard
System D5020 - ELECTRICAL SERVICE AND

DISTRIBUTION
Total Deficiency Cost: $21,020
Record ID 462
PHOTO
NOT

APPLICABLE
Split system with fan coil and outdoor
condensing unit is approaching the end of
its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1
Description of Work: Provide equipment replacement and
installation.

Item No. D3030.70.043
Comments: Mini Split
System D3030 - COOLING SYSTEMS
Total Deficiency Cost: $30,830
Record ID 464

APPENDIX F

F13
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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
The 225A (120/208, 3P) panelboard is
past its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1 / Kitchen
Description of Work: Replace the existing panelboard with a new panelboard.

Item No. D5020.30.1008
Comments: Panelboard
System D5020 - ELECTRICAL SERVICE AND

DISTRIBUTION
Total Deficiency Cost: $21,020
Record ID 476
PHOTO
NOT

APPLICABLE
The 225A (120/208, 3P) panelboard is
past its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 1/EA
Floor/Room: 1 / Kitchen
Description of Work: Replace the existing panelboard with a new panelboard.

Item No. D5020.30.1008
Comments: Panelboard
System D5020 - ELECTRICAL SERVICE AND

DISTRIBUTION
Total Deficiency Cost: $21,020
Record ID 477
PHOTO
NOT

APPLICABLE
Interior lighting system is at or is past its
expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 15,500/SF
Floor/Room:

Description of Work: Provide new interior lighting and control system throughout building per current
CEC T24 code.

Item No. D5040.50.411
Comments:

System D5040 - LIGHTING
Total Deficiency Cost: $1,003,950
Record ID 1131

APPENDIX F

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Cupertino
Facility Condition Assessment
Senior Center
PHOTO
NOT

APPLICABLE
The exterior fixture is approaching the end
of its expected useful life.

Deficiency Description:

Priority: 3
Quantity/Unit of Measure: 20/EA
Floor/Room:

Description of Work: Replace the existing wall mounted lighting fixture with an LED lighting fixture.

Item No. D5040.50.302
Comments:

System D5040 - LIGHTING
Total Deficiency Cost: $51,420
Record ID 1132
PHOTO
NOT

APPLICABLE
The existing fire alarm system is
approaching the end of its useful life and
should be replaced.

Deficiency Description:

Priority: 1
Quantity/Unit of Measure: 15,500/SF
Floor/Room:

Description of Work: Replace the existing fire alarm system with a complete, site-wide, fully addressable
fire alarm system.

Item No. D7050.10.025
Comments:

System D7050 - DETECTION AND ALARM
Total Deficiency Cost: $309,330
Record ID 1158

APPENDIX F

F15
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Attachment B

RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2023- 2024 BY APPROPRIATING MONIES FOR THE CITYWIDE BUILDING

CONDITION ASSESSMENT IMPROVEMENTS PROJECT

WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriati ons, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund allocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 10th day of October 2023, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:
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Attachment B

SIGNED:

________
Hung Wei, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Attachment B

EXHIBIT A

Appropriation Amendment by
Fund
Revenue
Amendment
Appropriations
Amendment
Fund Balance
(Use of)
260 CDBG $367,951.38 $367,951.38 $0
420 Capital Improvement Fund $367,951.38 $367,951.38 $0 Total Appropriation
Amendment
$735,902.76 $735,902.76 $0

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CITY OF CUPERTINO
Agenda Item
23-12070 Agenda Date:
10/10/2023 Agenda #: 7.

Subject: First amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

Authorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
First amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

Recommended Action
Authorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

Reasons for Recommendation
In 2013, jurisdictions in Santa Clara County (County), together with the County itself, executed the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (Committee). This organization advises the County Recycling and Waste Reduction Commission (Commission) and executes projects of mutual benefit. The Committee is funded by the Countywide Solid Waste Planning Fee, which is collected on material originating in the County and which is disposed of in landfills. The Commission advises city councils within the County and the County Board of Supervisors on countywide solid waste and recycling planning issues.

The 2013 TAC agreement requires in-person attendance at meetings, with limited and restrictive participation through virtual means, including no voting authority when attending virtually. Teleconference requirements for the TAC are currently more stringent than those of the Brown Act. Given the progress in teleconferencing technology and the normalizing of remote participation because of the pandemic, the jurisdictions now desire to amend the agreement to allow remote participation in accordance with Brown Act provisions. The proposed amendments to the TAC Agreement enable remote participation consistent with Brown Act requirements.

Sustainability Impact
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Allowing remote participation through teleconferencing reduces the cumulative amount of greenhouse gas emissions from each attending member of the public, staff, and voting members throughout the county who commute to participate in meetings.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act (CEQA)
This action is not subject to CEQA.

_____________________________________

Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – TAC MOA Agreement Amendment
B – TAC MOA 2013 Agreement

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Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

FIRST AMENDMENT TO AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA

CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE (“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the Sta te of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."

RECITALS
WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”);
WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was strongly discouraged;
WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) (“Brown Act”).

FIRST AMENDMENT
NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows:

1. Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated Attachment A
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Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:

“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.

1. Definitions:

Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.

Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.

2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.

3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.

In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.

The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.

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Creating the Santa Clara County
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Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.

Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.

2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.

4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.

5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.

6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.

[SIGNATURES ON FOLLOWING PAGE]

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Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above.

COUNTY OF SANTA CLARA, a political subdivision of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ President, Board of Supervisors Deputy County Counsel

CITY OF CAMPBELL, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF CUPERTINO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF GILROY, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF LOS ALTOS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney 78 CC 10-10-2023
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Technical Advisory Committee

TOWN OF LOS GATOS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney

CITY OF MILPITAS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MONTE SERENO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MORGAN HILL, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF PALO ALTO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

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CITY OF SAN JOSE, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SANTA CLARA, a chartered municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SARATOGA, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SUNNYVALE, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

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AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT , is made and entered into this 4 l ~ day of J Ll r'\ e_ 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of Californ ia; CITY OF CAMPBELL, a municipal corporation of the State of California ; CITY OF CUPERTINO, a municipal corporation of the State of California ; CITY OF GILROY, a municipal corporation of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California ; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONT E SERENO, a municipal corporation of the State of California ; CITY OF MORGAN HILL, a municipal corporation of the State of California , CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California ; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA , a municipal corporation of the State of California ; and CITY OF SUNNYVAL E, a municipal corporation of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY ."
RECITALS :

A. In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act , known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Waste Management Plan and to appoint an AB 939 Local Task Force.

B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee , also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.

C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County .

D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commiss ion") in order to streamline the 5/6/1 3 ORIGINAL JUN o 4 2013
Attachment B
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decision-making process on solid waste and recycling issues. (Ordinance No. NS- 300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.

E. On December 4, 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300 .658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.

F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.

G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the "TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans .

H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.

I. In accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County. The current SWPF of $0.78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds , including monies from the SWPF , are referred to herein as "Countywide Funds".

J. In 2011, Assembly Bill 341 ("AB 341") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.

K. Since the TAC was originally established , the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations . In order to achieve the statewide goal of 75% diversion , many materials currently disposed in landfills must be segregated and s16113 JA!.;ttG~AC:
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processed at new facilities , and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibi lity measures must be implemented in order to accomplish this goal.

L. Commensurate with changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission , but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annua l Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs.

M. The TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission -approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission -approved Annual Budget.

N. In order to address these issues , the Commission appointed the Ad Hoc Committee for TAC Organization al Study , and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees , the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and service s and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission 's Ad Hoc Comm ittee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC . 0 . The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions , powers , membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions ; and to simplify the reporting relationship between the Commiss ion and the TAC. Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939 , SB 1016 and all other state and federal laws and regulations , and planning for the goal of zero waste in the future.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. PURPOSES AND FUNDING
5/6/13
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001 .

A. Purposes . The purposes of the TAC are:
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1. To implement the Commission -approved Annual Workplan and Budget;

2. To advise the Commission and the decision-making bodies of all PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;

3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;

4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval;

5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information ;

6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;

7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs .

8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.

9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation , and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle-to -cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management ; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.

10. To perform other duties as directed by the Commission .

B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is established by the Board of Supervisors based upon input and recommendations from the Commission and the TAC Implementation Committee . Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the Countywide Funds used to fund the Commission -approved Annual Workplan and Budget.
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II. COMPOSITION
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A. Voting members, not to exceed 27 in number , shall include:

1. One (1) staff person from each City or Town that is a PARTY

2. Three (3) staff persons from the County as follows :
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management

3. One (1) staff person from the Santa Clara Valley Water District

4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows:
a. No more than three (3) representing tor-profit industry groups and/or business organizations (however , no member shall represent a single for-profit company)
b. No more than four (4) representatives of non-profit groups that advocate for source reduction , recycling programs , sustainability , and/or produce r responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members . All members representing a public agency shall be re­ designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator") . The Commission will accept requests and nominations for non­ governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including , but not limited to, websites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate.

Members representing non-governmental organizations shall serve for a period of two (2) years beginning in January. At the end of that time, the Commission shall select the non­ governmental organizations to be represented on the TAC for the new two (2) year term .

The initial group of non-governmental organization representatives will be selected by the Commission on or before December 31 , 2013 and will begin serving their terms on January 1, 2014. The Administ rator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.

C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member . The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, 5 85
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subcommittees, and ad hoc subcommittees.

D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. If a vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy .

E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time , the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.

Ill . QUORUM AND VOTING
5/6/13
A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting .

B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting . Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC .)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible . If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting , and allowing members of the public to participate in the meeting from the remote location along with the member. The member 's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In­ person attendance and participation at meetings is strongly preferred and encouraged .

D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its 6 86
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governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission -approved Bylaws are desired, the TAC may recommend such revisions to the Commission.

IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or alternates representing a PARTY.

B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officers' terms begin with the first meeting of each calendar year.

C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee (IC), and representing the TAC and the IC at Commission meetings . The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two (2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.

V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair. 8 . Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and its Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.

VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee (IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S 5/6/ 13 7
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IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCWJD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent , the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.

B. Quorum, Voting and Meetings . A quorum of the IC is nine (9) voting members. (Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. (For purposes of calculating whether or not the forty percent (40%) figure has been reached , the population of each PARTY shall be counted; however, no population shall be attributed to the SCWJD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members.

Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached , the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the IC along with the dissenting opinion(s) and viewpoints , to the Commission and to the TAC . In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion , re-agendize the item for another IC meeting .

C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission ­ approved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors , including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s).
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VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees . Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.

B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members . Subcommittees may elect a Vice­ Chair to serve in the Chair's absence . Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC.

Subcommittee chairs shall strive to achieve consensus among members . Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints , to the TAC . In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome . In the alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at another meeting.

C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems . The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees , and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.

VIII. TAC ADMINISTRATOR
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A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator include, but are not limited to: scheduling meetings of the TAC and all committees, subcommittees , and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan ; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.

B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator , as further described in Attachment 2.
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C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed . In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.

D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues , policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator.

This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.

E. Contract With Administrator. All duties and responsibilities of the Administrato r, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator , containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator , the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 2014/15 . If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.

F. Annual Workplan and Budget . As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fiscal year 2014/15 , the following schedule will apply . In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.

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Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.

G. Annual Reporting and Evaluation . The Administrator shall prepare a self­ evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn , rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator.

IX. FISCAL AGENT
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A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non­ disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer 11 91
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any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator , and the Contracting Agent.

B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.

The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed .

C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator , the Contracting Agent , or both, the proposed costs to perform each function shall be separately specified. The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.

D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment

2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.

E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12 92
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description) . The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time , request additional budget information, detail , documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event , the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.

G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self­ evaluation, along with the Year-End Budget Report, for submittal to the IC. The self­ evaluation will include a description of key work tasks performed, any duties or tasks not completed , and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements . The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time , discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent.

X. CONTRACTING AGENT
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A. Duties . The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member , and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
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In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures . The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent . The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

C. Payment For Services . The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent , or both, the proposed costs to perform each function shall be separately specified .

The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.

Upon approval of the Annual Workplan and Budget by the IC and the Commission , the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress , expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered . The IC may, at any time, request additional information , detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14 94
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E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed , and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.

XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission­ approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm . The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
A. Term of Agreement . The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 5/6/13 15
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occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

B. Ethical Code of Conduct . All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted .

C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original , and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement , participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

E. Indemnification . In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI.

Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such 16 96
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PARTY under this Agreement.

F. Entire Agreement . This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including , but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES.

G. Amendments . This Agreement may be amended by unanimous written agreement of the PARTIES . All PARTIES agree to bring .. ~ny proposed amendments to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015.

The IC may recommend amendments on a more frequent basis if desired .

H. Venue. In the event that suit shall be brought by any PARTY to this Agreement , the PARTI ES agree that venue shall be exclusively vested in the state courts of the C?u~ty of Santa Clara , or_ w~ere othe~is~ f,Pr~l~f i~r~ te~.~lY,~!~'[ ~~~~t~ nited States District Court, Northern D1stnct of Cahforn1a,;~~Qc).o.s~n,~ fl!1{9rnJ~- ... m :~t, l( 1vai1 lfttllJ~
I. Attachments . Attachments 1 through 5 are attached hereto and incorporated herein by this reference .
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CITY OF CAMPBELL
Date: ----------
By: _________ _
Name: Mark Linder
Title: City Manager

CITY OF CUPERTINO
Date: ----------
By: __________ _
Name: David Brandt
Title: City Manager

CITY OF GILROY
Date: ----- -----
By: __________ _
Name: Thomas Haglund
Title: City Administrator

CITY OF LOS ALTOS
Date: ---- ------
By: __________ _
Name : Marcia Somers
Title: City Manager

TOWN OF LOS ALTOS HILLS
Date: ----------
By: _ _________ _
Name: Carl Cahill
Title: City Manager
5/6/13
APPROVED AS TO FORM:

By: ___________ _
Name: ·---------
Title: City Attorney
APPROVED AS TO FORM:

By: ___ _______ _
Name: --------
Ti tie: City Attorney
APPROV ED AS TO FORM:

By: ___________ _
Name: ------ - - -
Title: City Attorney
APPROVED AS TO FORM:

By: _________ _ _
Name: --------
Ti tie: ·---------
APPROV ED AS TO FORM:

By: ___ ________ _
Name: ---------
Title: Town Attorney
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TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manage r

CITY OF MILPITAS
Date: ----------
By: _________ _ _
Name : Tom Williams
Title : City Manager

CITY OF MONTE SERENO
Date: ----------
By: ____ _____ _
Name : Brian Leventhal
Title: City Manager

CITY OF MORGAN HILL
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
5/6/13
APPROVED AS TO FORM:

By: __________ _
Name: ·---- - ----
Title: Town Attorney
APPROVED AS TO FORM:

By: _________ __ _
Name: Michael J. Ogaz
Title : City Attorney
APPROVED AS TO FORM:

By: ____ ______ _
Name: ------ ---
Title : ---------
APPROVED AS TO FORM:

By: __________ _
Name : --------Tit I e: City Attorney
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CITY OF MOUNTAIN VIEW
Date : ·----------
By: ____ ______ _
Name : Daniel H. Rich
Title : City Manager

CITY OF PALO AL TO
Date : ----------
By: __________ _
Name: James Keene
Title: City Manager

CITY OF SAN JOSE
Date : ----------
By: _ _________ _
Name : Norberto Duenas
Title: Deputy City Manager

CITY OF SANTA CLARA
Date : ----------
By: __________ _
Name : Julio J. Fuentes
Title: City Manager

CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/ 13
APPROVED AS TO FORM:

By: _____ _ ___ _
Name : Jannie L. Quinn
Title : City Attorney
APPROVED AS TO FORM:

By: __________ _
Name : --------
Ti tie: City Attorney
APPROVED AS TO FORM :

By: ____ _ ______ _
Name : Rosa T songtaatarii
Title : Senior Deputy City Attorney
APPROV ED AS TO FORM:

By: _ _ _____ _ __ _
Name: Richard E. Nosky, Jr.

Title : City Attorney
APPROVED AS TO FORM :

By: ___________ _
Name: Richard Taylor
Title: City Attorney
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CITY OF SUNNYVALE
Date: ----------
By: __________ _
Name: Gary M. Luebbers
Title: City Manager
5/6/ 13
APPROVED AS TO FORM:

By: ___________ _
Name: Joan A. Borger
Title :
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ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.

Zachary DeVine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist 111
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% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
23 % FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE
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ATTAC HMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

1.Select ion. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

2. Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
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a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
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b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's associations, etc.).
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ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1. Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE} and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes , and carry out the direction of the Commission, its Committees and Subcommittees.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted , and that sufficient time exists for each employee to complete all their assigned tasks.

4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.

5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26
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Contracting Agent, and other potential providers of these services.

6.Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) ?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/ 13 27
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ATTACHMENT 4

CODE OF ETHICAL CONDUCT

1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.

2. All members shall remain aware that the activities of the TAC are funded by fees raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren , as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator , TAC Legal Counsel or legal counsel for the member's own agency.

6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
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8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain. 11 . Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.

12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training biennially.

15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
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ATTACHM ENT 5

PROCEDUR ES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT

TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.

1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following :

A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual , quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstances change during the year, or if there are other reasons to do so.

C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work , the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work .

3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator. The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent , the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the serv ices of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent , the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission . This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the Administrator , the Fiscal Agent and the Contracting Agent , as well as carrying out the duties of each.

6. If the Contracting Agent is, at any time , running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.

7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/ 13 30
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9. At the end of the fiscal year , the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent , unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year . The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent , the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
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CITY OF CUPERTINO
Agenda Item
23-12487 Agenda Date:
10/10/2023 Agenda #: 8.

Subject: Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs.

Adopt Resolution No. 23-104, authorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle.

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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Updated R esolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs.

Recommended Action
Adopt Resolution No. 23-_____, authorizing submittal of applications for CalRecycle’s Payment Programs using an updated resolution as required by CalRecycle.

Reasons for Recommendation
For many years, the City has applied for and received non-competitive funding payments from CalRecycle to promote beverage container recycling, support staff attendance at the California Resource Recovery Association annual conference, and fund other allowable activities such as water filling stations. The City also applies for other funding from CalRecycle as it becomes available, such as the funds that support compliance with Senate Bill (SB) 1383, California's Short-Lived Climate Pollutant Reduction Strategy.

Requests for funding must be submitted with a resolution authorizing submission of applications. The City adopted a resolution in 2016 for that purpose, but as a condition of receiving funding, CalRecycle requires an updated version of the resolution be renewed every five years.

Sustainability Impact
CalRecycle is making funds available specifically for use in complying with (SB) 1383, California's Short-Lived Climate Pollutant Reduction Strategy. The updated resolution will allow the City of Cupertino to receive and use those funds for eligible activities including those in measures W-1 and W-3 of the City’s Climate Action Plan.

Fiscal Impact
Receiving funding from CalRecycle reduces draw upon City funds. CalRecycle grant funds are placed into the Resource Recovery program under account number 520-81-801 440-430.

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California Environmental Quality Act (CEQA)
This action arises from the implementation of a current program and is not subject to CEQA.

_____________________________________

Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution

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Attachment A

RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE

GRANT AND PAYMENT PROGRAMS FOR WHICH CITY OF CUPERTINO IS

ELIGIBLE

WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and

WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, BE IT RESOLVED by the City Council

1. That City of Cupertino is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and

2. That the Public Works Director, or his/her designee is hereby authorized and empowered to execute in the name of the City of Cupertino all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project; and

3. That these authorizations are effective from the date of adoption through October 9, 2028.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 10th day of October, 2023, by the following vote:

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Resolution No. __________________

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________
Hung Wei, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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CITY OF CUPERTINO
Agenda Item
23-12491 Agenda Date:
10/10/2023 Agenda #: 9.

Subject: Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000.

1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company;

2. Authorize the City Manager to execute the contract when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and

4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) 1 Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410.

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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000.

Recommended Action

1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company;

2. Authorize the City Manager to execute the contract when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and

4. Adopt Resolution No. 23-XXX approving budget modification #2324-304, approving a transfer of $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99- 269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) 1 Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410.

Reasons for Recommendation
In June 2016, the City Council adopted the 2016 Bicycle Transportation Plan (BTP). The BTP is a long-range planning document designed to address the present and future needs of bicycling within the City of Cupertino. Infrastructure projects are identified in the BTP and organized into three tiers, Tier 1 projects having the highest priority with expected implementation within five years. Tier 2 and Tier 3 projects scored lower than Tier 1 projects with respect to priority. However, implementation of these tiers can be initiated sooner to take advantage of funding or other opportunities, or to complement the development of other transportation improvements.

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The reconfiguration of the De Anza Boulevard/McClellan Road/Pacifica Drive intersection is identified in the BTP as a Tier 2 project. This intersection is a vital connection within the McClellan Road corridor and is included as Phase 3 of the larger McClellan Road Separated Bike Corridor Capital Improvement Programs (CIP) project.

The Phase 3 improvements include safety enhancements to the intersection and modification of the existing traffic signals. Construction of Project Phases 1 and 2 were completed in June 2019 and June 2020, respectively.

The McClellan Road Separated Bike Corridor, Phase 3 Project was included in the adopted Fiscal Year (FY) 2021-2022 CIP Budget, with an approved project amount of $1,324,410. The project budget consists of $1,000,000 in grant funding from the Vehicle Emissions Reductions Based at Schools (VERBS) program, $164,410 in capital improvement funds and $160,000 from a funding donation from Apple.

On March 23 the City advertised the project for bid and on April 18 received two bids, one was determined to be a non-responsive bid and the other exceeded the engineer’s estimate by 20%. On May 16, City Council authorized the Director of Public Works to reject all bids and to re-advertise the project at a later time.

The City advertised the re-bid of McClellan Road Separated Bike Corridor, Phase 3 Project on July 7. On August 1, the City received four responsive bids detailed in the table below.

Bidder Total Bid Amount
Redgwick Construction Co. $1,569,386.00
Sposeto Engineering $1,586,630.95
Ray’s Electric $1,639,614.25
St. Francis Electric, LLC. $2,179,000.00
Engineer’s Estimate $1,461,765.00

With the re-bid of the project staff conducted additional outreach to solicit greater competition and aligned the construction schedule to encourage more contractors to participate. Compared to the initial bid, this re-bid resulted in more competitive results, as three of the four bids were priced within five percent of each other, indicating that the bids were a fair representation of true market costs. Additionally, the re-bid resulted in a lower bid total, saving the City more than $55,000. Due to these factors, the Department of Public Works believes the advertisement of the project for re-bid to be a success.

The Department of Public Works reviewed the Redgwick Construction Company bid documents for completeness, confirmed the contractor’s experience and qualifications, and determined the bid to be the lowest responsive and responsible bid per the Instructions to Bidders, Cupertino Municipal Code, and the Local Assistance Procedures Manual to comply with VERBS grant requirements for local transportation projects.

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Construction Company for the contract amount of $1,569,386 and a 10% construction contingency in the amount of $156,939, for a total contract amount of $1,726,325.

Construction contingency allows for unforeseen conditions and are a typical contracting best practice.

A Draft Construction Contract is included as Attachment A, while the full project specifications can be found at the City’s “Business Opportunities” webpage and https://apps.cupertino.org/bidmanagement/index.aspx. Construction is expected to begin in November 2023 and be completed in February 2024.

Sustainability Impact
The recommended improvements are intended to encourage bicycle use, which would reduce single occupancy vehicle trips and lead to reduced vehicle emissions. This will help the City achieve air quality and greenhouse gas emission reduction goals.

Fiscal Impact
The FY 21-22 Budget allocated $1,324,410 for the McClellan Road Separate Bike Corridor, Phase 3 Project (budget unit 420-99-036 900-905, Project ST 047 and CIP project #2020-12). Of that amount, $1,000,000 is funded through the VERBS grant, administered by the Metropolitan Transportation Commission.

A combination of budgeted City funds and an external donation of $160,000 from Apple was used to fund the design of the project in the amount of $324,410. After accounting for the current expenses and encumbrances, in view of the proposed construction project, there is a funding shortfall of approximately $949,000. This deficit will be funded with external funds through the Local Streets and Roads Program provided by the City’s share of California State SB 1 revenue.

Current Fiscal Summary:

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Current Funding Status Amount
Budgeted City Funds for McClellan Road
Separated Bike Corridor - Ph 3 $164,410.00
External Donation (Apple) $160,000.00
Federal Grant Funds (VERBS Grant) $1,000,000.00
Subtotal $1,324,410.00

Current Encumbrances Amount
Designer/Engineer ($324,410.00)
PM consultant ($11,250.00)
Traffic Signal Poles (City Procurement) ($40,199.00)
Subtotal ($375,859.00)
Current Funding available after Expenses/Expenditures $948,552.00

Estimated Funding Impact Amount
Estimated Construction Management Costs ($170,069.00)
Estimated Construction Total, including
Contingency (this agreement) ($1,726,325.00)
Subtotal ($1,896,394.00)

Overall Funding Impact Amount
Current Funding available $948,552.00
SB1 Funds (Resolution No. 23 - XXX) $975,000.00
Estimated Construction and Construction
Management Expenditures ($1,896,394.00)
Total $27,158.00
*Yellow highlighted lines are Recommended Actions

California Environmental Quality Act (CEQA)
The project is categorically exempt from CEQA pursuant to CEQA Guidelines sections 15301 (maintenance of existing facilities).

_____________________________________

Prepared by: Marlon Aumentado, Assistant Civil Engineer Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
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Attachments:

A – Draft Contract
B – Draft Resolution
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DEANZA/MCCLELLAN IMPROVEMENTS 2021 Form
PROJECT NO. 2020-12

CONTRACT

Attachment A

Contract

This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Redgwick Construction Company (“Contractor”), for work on the De Anza Boulevard and McClellan Road / Pacifica Drive Intersection Modifications Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On October 10, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following:
 Attachment A - Federal Contract Requirements
 Attachment B - Federal Certification / Disclosures

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,569,386.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 120 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
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DEANZA/MCCLELLAN IMPROVEMENTS 2021 Form
PROJECT NO. 2020-12

CONTRACT

Attachment A

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $3,200 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Cupertino – Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-7604
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DEANZA/MCCLELLAN IMPROVEMENTS 2021 Form
PROJECT NO. 2020-12

CONTRACT

Attachment A

Attn: Chad Mosley, Acting Director of Public Works
[email protected]

Copy to: Marlon Aumentado, Assistant Civil Engineer
[email protected]

Contractor:

Name:

Address:

City/State/Zip:

Phone:

Attn:

Email:

Copy to:

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legall y binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 125
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DEANZA/MCCLELLAN IMPROVEMENTS 2021 Form
PROJECT NO. 2020-12

CONTRACT

Attachment A

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:

s/ s/

Chad Mosley, Acting Director of Public Works Christopher Jensen, City Attorney

Date: Date:

Attest:

s/

Kirsten Squarcia, City Clerk

Date:

CONTRACTOR:

Business Name

s/ Seal:

Name, Title

Date:

Second Signature (See Section 12.8):

s/

Name, Title

Date:

Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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Attachment B

RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2023- 2024 BY APPROPRIATING MONIES FOR THE MCCLELLAN ROAD SEPARATED BIKEWAYS, PHASE 3 PROJECT

WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and

WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and

WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropria tions, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund allocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 10th day of October 2023, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________

________________________
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Attachment B

Hung Wei, Mayor
City of Cupertino

Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Attachment B

EXHIBIT A

Appropriation Amendment by
Budget Unit
Revenue Appropriations
420-99-036 ST 047 -$948,551.46 -$948,551.46
270-85-821 900-871 0 -$975,000.00
270-85-821 440-437 -$975,000.00 0.00
270-99-269 $1,923,551.46 $1,923,551.46
TOTAL $0 $0

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CITY OF CUPERTINO
Agenda Item
23-12695 Agenda Date:
10/10/2023 Agenda #:

10. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work

1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050;

2. Adopt Resolution No. 23-107 approving budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Fund (429), a transfer in revenue and increased appropriations of $460,000 to the project (budget unit 420-99-266), for a total authorized project expenditure of $880,000; and

3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000
CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work.

Recommended Action

1. Adopt Resolution No. 23-XXX declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050;

2. Adopt Resolution No. 23-XXX approving budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Fund (429), a transfer in revenue and increased appropriations of $460,000 to the project (budget unit 420-99-266), for a total authorized project expenditure of $880,000; and

3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project’s approved funding level of $880,000.

Reasons for Recommendation
In mid-2022 the Public Works Department became aware of a storm drain pipe along Stevens Creek Boulevard, just west of Finch Avenue, that needed repair. A Capital Improvement Program (CIP) project was initiated for Fiscal Year (FY) 2023-24 to rehabilitate the storm drain line. The “Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair” project was approved and funded by City Council as part of the FY 2023- 24 City Budget, for $420,000 (budget unit 420-99-266, NWS#SD 007, CIP Project number 2024-01).

The CIP division recently commenced the initial investigation for the project which led to the discovery that the storm drain pipe had experienced significant deterioration since the original observation and is currently in a failed condition, with significant undermining of the roadway.

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Public Works closed two lanes of traffic along East-bound Stevens Creek Boulevard to ensure public safety. (Attachment B - Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit.) The City Engineer deemed this section of roadway a clear and imminent danger, requiring immediate action to prevent or mitigate the loss of essential public services to the residents and businesses. Further action is necessary to correct the emergency condition and to prevent further damage to public infrastructure.

As Stevens Creek Boulevard is a major arterial street serving residents, local businesses, and schools, the Public Works Department is eager to ensure that the road re-opens fully and that the storm drain pipe is repaired as quickly as possible. To ensure a prompt response to the emergency, Public Works staff recommends that the City Council authorize the Public Works Department to forego the competitive bid requirements pursuant to its authority under the CMC Section 3.23.130 C. and the Public Contract Code Section 22050. Staff will use available information on project costs to ensure that pricing of the work is as competitive as possible.

The CMC, Chapter 3, regarding Public Works contract and bidding procedures, includes the provision that the City Council may delegate to the City Manager, through a resolution passed by a four-fifths vote, the authority to cause the repair of a public facility and to take any immediate action required by an emergency, without formal bidding.

Declaring the storm drain repairs as Emergency Work and authorizing the City Manager to negotiate and execute a contract through a non-competitive bidding process will permit the Public Works Department to streamline the construction of the repairs.

California Public Contract Code § 22050 (C) requires that the City Council, by four-fifths vote, approve and then review this emergency action at every regularly scheduled meeting thereafter to confirm that there is need to continue the action.

Sustainability Impact
Maintaining the storm drain system allows for proper storm drain run-off management.

Fiscal Impact
The Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair project is funded for $420,000. Due to the significant deterioration the storm drain pipe has experienced since the initial observations, the repair work will exceed the current project budget.

Current estimates indicate the project costs could reach $ 880,000. This creates a funding deficit of $460,000. The staff recommendation to increase the approved level of project expenditure to $880,000, utilizing Capital Reserve Fund to bridge the deficit, and authorize the City Manager to negotiate and execute contracts up to the full amount of the proposed project funding will facilitate completion of the emergency repairs in an expeditious manner, as required by the situation.

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Current Fiscal Summary:

Current Funding Status Amount
Budgeted City Funds for Stevens Creek Storm
Drain Repair
$420,000
Remaining Budget $420,000

Projected Expenditures Amount
Investigation Work ($6,900)
Designer/Engineer Cost (estimated) ($33,100)
Construction Management Cost (estimated) ($60,000)
Construction Cost (estimated) ($780,000)
Expenditures (estimated) ($880,000)
Funding Deficit (addressed by the requested budget modification) ($460,000)

California Environmental Quality Act (CEQA)
This project is exempt from the CEQA under CEQA Guideline section 15301 (maintenance of existing facilities).

_____________________________________

Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager

Attachments:

A – Draft Resolution – Emergency Declaration
B – Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit C – Draft Resolution – Budget Modification

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Attachment A
RESOLUTION NO. 23-xxx

A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING REPAIRS TO STEVENS CREEK STORM DRAIN AN EMERGENCY; AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

CONTRACTS TO CONSTRUCT THE REPAIRS WITHOUT A PUBLIC BIDDING PROCESS.

WHEREAS, a portion of the Stevens Creek Storm Drain Main system has suffered significant deterioration since originally observed in 2022, such that the pipe has completely failed, compromising the structural integrity of the roadway, and inhibiting its safe use; and
WHEREAS, the City Engineer has declared that vehicular use of a portion of Stevens Creek Boulevard poses a clear and imminent danger requiring immediate attention to prevent or mitigate the loss of essential public services to the residents and businesses; and
WHEREAS, a public bidding process would delay the repair of Stevens Creek Storm Drain, increasing the likelihood of further damage to public infrastructure, and potentially removing vital access for those served by Stevens Creek Boulevard.

WHEREAS, this action is statutorily exempt from the California Environmental Quality Act (CEQA) under California Code of Regulation, Title 14, Regulation 15269(b); and the City Council is the decision maker and approves this exemption.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine, and resolve that the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve that:

1. Pursuant to Municipal Code section 3.23.130(C), the City Council finds that the foregoing recitals demonstrate that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property.
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Resolution No. __________________

2. Pursuant to Municipal Code sectio n 3.23.130(C), the City Manager is authorized to negotiate and execute a contract to construct the repairs, without a public bidding process, for an amount not to exceed the project’s approved funding level of $880,000.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 10th day of October 2023, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________
Hung Wei, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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qnacnment t=s
Stevens Creek Blvd./Calabazas Creek Storm Drain Repair Work Location Legend
t@4 Approximate Location
of Work Area
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Attachment C
RESOLUTION NO. 23-xxx

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2023-2024 BY APPROPRIATING MONIES FOR THE STEVENS CREEK

BOULEVARD/CALABAZAS CREEK STORM DRAIN REPAIR EMERGENCY
WORK

WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and

WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and

WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund allocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________
Hung Wei, Mayor

________________________
Date
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Resolution No. __________________

City of Cupertino

ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Resolution No. __________________

EXHIBIT A

Appropriation
Amendment by Fund
Revenue
Amendment
Appropriations
Amendment
Fund Balance
(Use of)
420 Capital Imp. Fund $460,000 $460,000 $0
429 Capital Reserve $0 $460,000 ($460,000)
TOTAL $460,000 $920,000 ($460,000)

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CITY OF CUPERTINO
Agenda Item
23-12550 Agenda Date:
10/10/2023 Agenda #:

11. Subject: Establish a General Fund Sales Tax Repayment Reserve A. Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to:
i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million
ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute
iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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1 CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023

Subject
Establish a General Fund Sales Tax Repayment Reserve

Recommended Action
A. Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to:
i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million
ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute
iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million

Reasons for Recommendation
The anticipated outcome of the CDTFA audit of a City taxpayer is expected to have significant financial implications for the City’s operations.

Background
The California Department of Tax and Fee Administration ( CDTFA) is responsible for administering the distribution of sales and use tax in California. Businesses in California must register for a sales tax permit , collect taxes from customers , and report their sales taxes accurately and timely. These taxes, along with information about their allocation to jurisdictions, are then forwarded to the CDTFA, which distributes them to the appropriate jurisdictions. Additionally, the CDTFA conducts audits on businesses to ensure compliance with tax laws and regulations.

The City receives a share of the sales tax revenue generated within its boundaries, which funds a wide range of City services and programs.

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2 CDTFA Audit
In May 2022, the City received a letter from the CDTFA regarding an ongoing review of the allocation of sales and use tax revenue from one of the City’s taxpayers. Although this audit has not concluded, the City anticipates a final decision from the CDTFA that will significantly reduce the City’s sales and use tax revenue.

The CDTFA’s eventual audit decision may require a one -time repayment of sales tax revenue collected since April 202 1, estimated at $56.5 mill ion as of June 2023 .

Additionally, as outlined in the FY 2023-24 Adopted Budget, ongoing sales tax revenue is projected to drop by approximately $30 million, a 73% reduction from initial forecasts.

Creation of a Sales Tax Repayment Reserve
To prepare for a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge, City staff recommends establishing a committed General Fund Sales Tax Repayment Reserve. Committed fund balance, as described on page 165 of the FY 2023 -24 Adopted Budget, “ includes amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision - making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.”

The purpose of this reserve is to set aside funds for potential sales tax repayments to the CDTFA. Staff proposes an initial allocation of $56.5 million , corresponding to sales tax revenue received between April 2021 and June 2023 that the City may need to repay to the CDTFA. Additional sales tax revenue received by the City may increase the amount owed. To address this, staff recommends that the City Council grant staff the authority to augment this reserve as needed when additional disputed sales tax revenue is received.

The reserve is proposed to be funded as follows:

 $40.5 million from General Fund Unassigned fund balance.  $10.0 million from the General Fund Capital Projects Reserve.  $6.0 million from the General Fund Economic Uncertainty Reserve.

The following table illustrates the impact of creating the new reserve on fund balance:
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3 FY 2023-24
Adopted
FY 2023-24
Amended
Change
General Fund
Unassigned 44.1 3.6 (40.5)
Capital Projects Reserve 10.0 - (10.0)
Economic Uncertainty Reserve 24.0 18.0 (6.0)
Sales Tax Repayment Reserve - 56.5 56.5

If the reserve is established, the City Council retains the authority to approve the use of committed funds. If an adverse CDTFA decision becomes final, the City Council can authorize the use of funds for repayment. Conversely, if repayment isn't necessary, the City Council has the discretion to release the commitment and use the funds for alternative purposes.

Next Steps
Regular and routine reports on the reserve will be provided to the City Council. Council check-in points in January and April, along with the existing first-quarter budget update in November and mid -year budget update in February, will provide opportunities to communicate progress on the CDTFA audit and budget-balancing strategy.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Allocating $56.5 million to the Sales Tax Repayment Reserve sets aside funds for potential sales tax repayments to the CDTFA. Funding will come from Unassigned fund balance, the Capital Projects Reserve, and the Economic Uncertainty Reserve.

California Environmental Quality Act
Not applicable.
_____________________________________

Prepared by: Thomas Leung, Budget Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Matt Morley, Assistant City Manager

Attachments:

A – Committed, Unassigned Fund Balance, and Use of One Time Funds Policy Clean B – Committed, Unassigned Fund Balance, and Use of One Time Funds Policy Redline 143
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Committed, Unassigned Fund Balance, and Use of One Time Funds Policy
Purpose
To establish assigned and unassigned fund balance and one-time use policies.

Scope
The General Fund and Capital Funds.

Policy
To maintain sufficient committed and unassigned fund balance (General Fund only) in each fund for the ability to meet the following economic uncertainties:

Economic Uncertainty Reserve – $18,000,000 and represents two months of General Fund (GF) expenditures excluding transfers out plus a two year drop in total general fund revenue of 13% or approximately 1.5 months, excluding the use of reserves. Transfers out are primarily used to fund Capital Projects and do not represent on -going expenditures.

This assignment will change from year to year based on budge ted general fund expenditures and revenues.
 Mitigate short-term economic downturns and volatility in revenues (2 years or less)
 Sustain city services in the event of an emergency
 Meet requirements for debt reserves
 Meet operating cash flow requirements as a result of delay in the receipt of taxes, grant proceeds and other operating revenues
Sales Tax Repayment Reserve – $56,500,000 and represents the funds committed for potential sales tax repayments. The result of the California Department of Tax and Fee Administration (CDTFA) audit of a City taxpayer is expected to have significant financial implications for the City’s operations. To prepare for a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge, the City estab lished a General Fund Sales Tax Repayment Reserve. The purpose of this reserve is to set aside funds for potential sales tax repayments to the CDTFA. An initial allocation of $56.5 million corresponds to sales tax revenue received between April 2021 and June 2023 that the City may need to repay to the CDTFA. All or part of the funds will be transferred to General Fund Unassigned if the City’s efforts to contest CDTFA’s decision are ultimately successful, in whole or in part.

This reserve can be augmented when additional disputed sales tax revenue is received. 144
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PERS – $19,088,859 and represents the funds restricted for the City's pension obligations.

In response to the increasing retirement costs based on actuarial forecasts, the City created a secondary pension trust to help stabilize the impact of pension cost volatility on the City's operating budget. To fund this secondary trust, the City made an initial contribution. After that, the annual contributions are determined based on the difference between CalPERS' current discount rate and a more conservative rate determined by the City. This difference will then be transferred to the pension trust and used exclusively for the benefit of members in the plan.

The primary goal of establishing this secondary tr ust is to ensure that the City can continue to provide its employees with the retirement benefits they have earned while maintaining fiscal responsibility. By using a more conservative rate for calculating contributions, the City can better anticipate and manage pension costs and mitigate potential negative impacts on the City's budget.

Funds in this trust are technically “restricted” under Governmental Accounting Standards Board (GASB) Statement No. 54 in that the funds are legally restricted to be used for retirement costs; however, the timing for which these funds may be used is only at the discretion of City Council.

Sustainability Reserve – Cupertino’s Sustainability Division oversees the City’s Climate Action Plan (CAP), which defines st rategies to reduce greenhouse gas emissions, and provides residents, businesses and schools with programs and services focused on energy efficiency, renewable energy, water conservation, alternative transportation and other sustainable actions. The City receives rebates for projects that successfully meet the eligibility requirements such as energy or water efficiency. If the rebates were not initially budgeted, they are categorized as committed fund balance in the General Fund. The purpose of this reserve is to help support future sustainability projects/programs.

Unassigned – $500,000 and represents 1% of the total general fund operating budget. This assignment may change from year to year based on budgeted general fund expenditures.
 Absorb unanticipated operating needs that arise during the fiscal year that were not anticipated during the budget process
 Absorb unexpected claims or litigation settlements
Capital Improvement – $5,000,000 and represents average dollars spent for capital projects in the last three fiscal years. This assignment may change from year to year based on actuals dollars spent on capital projects and anticipated future capital project needs.  Meet future capital project needs so as to minimize future debt obligations 145
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The City shall no t use fund balances/reserves in lieu of revenues to pay for ongoing expenses except as specifically provided in the City’s reserve policy.

The chart below summarizes reserve policy levels as described above:

Funding
Priority Reserve
Reserve
Level1 Escalator2 Description

GENERAL FUND
1 Economic
Uncertainty
Reserve
$18,000,000
GF Budgeted
Operating
Expenditures3 GF
Budgeted
Revenue4
For economic
downturns and
major revenue
changes.
2 Sales Tax
Repayment
Reserve
$56,500,000
Receipt of
additional sales
tax revenue in
dispute
For potential sales
tax repayments to
the CDTFA.
3 PERS $19,088,859
Budgeted
Citywide
Retirement Costs
For pension costs.
4 Sustainability
Reserve $127,891 GF Budget
Revenue4
For future
sustainability
projects/programs.
5 Unassigned $500,000
Budgeted GF
Operating
Expenditures3
For mid-year
budget
adjustments and
redeployment into
the five year
budget.

CAPITAL PROJECTS FUNDS
6 Capital
Improvement $5,000,000 None
Reserves set aside
for future capital
projects.
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1 As of June 30, 2023
2 Rounded to the nearest hundred thousand
3 Excludes Transfers Out
4 Excludes the use of reserves

Changes to Committed Fund Balance – All reserves listed in this policy, with the exception of the PERS restricted reserve, are classified as Committed Fund Balance under GASB Statement No. 54. Committed fund balance is comprised of amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority. Changes to committed fund balances must be approved by City Council. This policy will be reviewed annually as part of the budget process.

Replenishment process – Should the City need to utilize any of the committed fund balances listed in this policy, a recommendation wil l be brought to City Council for approval and a plan to replenish the committed balance will be developed in conjunction with its use.

Excess – Funding of these reserves will come generally from one -time revenues, annual net income, and transfers from othe r reserves that exceed policy levels. They will be funded in the following priority order with any remaining funds to be placed in the Capital Reserve:
1) Economic Uncertainty Reserve
2) Sales Tax Repayment Reserve
3) PERS
4) Sustainability Reserve
5) Unassigned

Revised October 10, 2023

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Committed, Unassigned Fund Balance, and Use of One Time Funds Policy
Purpose
To establish assigned and unassigned fund balance and one‐time use policies.

Scope
The General Fund and Capital Funds.

Policy
To maintain sufficient committed and unassigned fund balance (General Fund only) in each fund for the ability to meet the following economic uncertainties:

Economic Uncertainty Reserve – $1824,000,000 and represents two months of General Fund (GF) expenditures excluding transfers out plus a two year drop in total general fund revenue of 13% or approximately 1.5 months, excluding the use of reserves. Transfers out are primarily used to fund Capital Projects and do not represent on‐going expenditures.

This  assignment  will  change  from  year  to  year  based  on  budgeted  general  fund expenditures and revenues.
 Mitigate  short‐term  economic  downturns   and  volatility  in  revenues  (2  years  or less)
 Sustain city services in the event of an emergency
 Meet requirements for debt reserves
 Meet operating cash flow requirements as a result of delay in the receipt of taxes, grant proceeds and other operating revenues
Sales  Tax  Repayment  Reserve  –  $56,500,000  and  represents  the  funds  committed  for potential sales tax repayments. The result of the California Department of Tax and Fee Administration (CDTFA) audit of a City taxpayer is expected to have significant financial implications for the City’s operations. To prepare for a potential adverse CDTFA decision and  the  uncertain  outcome  of  the  anticipated  legal  challenge,  the  City  established  a General Fund Sales Tax Repayment Reserve. The purpose of this reserve is to set aside funds  for  potential  sales  tax  repayments  to  the  CDTFA.  An  initial  allocation  of  $56.5 million corresponds to sales tax revenue received between April 2021 and June 2023 that the City may need to repay to the CDTFA. All or part of the funds will be transferred to General Fund Unassigned if the City’s efforts to contest CDTFA’s decision are ultimately successful, in whole or in part.

This reserve can be augmented when additional disputed sales tax revenue is received. 148
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PERS – $19,088,859 and represents the funds restricted for the Cityʹs pension obligations.

In  response  to  the  increasing  retirement  costs  based  on  actuarial  forecasts,  the  City created a secondary pension trust to help stabilize the impact of pension cost volatility on  the  Cityʹs  operating  budget.  To  fund  this  secondary  trust,  the  City  made  an  initial contribution. After that, the annual contributions are determined based on the difference between CalPERSʹ current discount rate and a more conservative rate determined by the City. This difference will then be transferred to the pension trust and used exclusively for the benefit of members in the plan.

The  primary  goal  of  establishing  this  secondary  trust  is  to  ensure  that  the  City  can continue to provide its employees with the retirement benefits they have earned while maintaining  fiscal  responsibility.  By  using  a  more  conservative  rate  for  calculating contributions,  the  City  can  better  anticipate  and  manage  pension  costs  and  mitigate potential negative impacts on the Cityʹs budget.

Funds  in  this  trust  are  technically  “restricted”  under  Governmental  Accounting Standards Board (GASB) Statement No. 54 in that the funds are legally restricted to be used for retirement costs; however, the timing for which these funds may be used is only at the discretion of City Council.

Capital  Projects  Reserve – $10,000,000  and  represents  the  amount  of  General  Fund resources  readily  available  to  fund  future  capital  projects  in  the  City’s  Capital Improvement Program (CIP). The City’s Capital Projects Funds has a $5,000,000 reserve threshold;  however,  establishing  a  secondary  reserve  in  the  City’s  General  Fund  will enable  more  efficient  and  accurate  short‐  and  long‐term  capital  budgeting  and planning.

Sustainability Reserve – Cupertino’s Sustainability Division oversees the City’s Climate Action  Plan  (CAP),  which  defines  strategies  to  reduce  greenhouse  gas  emissions,  and provides  residents,  businesses  and  schools  with  programs  and  services  focused  on energy efficiency, renewable energy, water conservation, alternative transportation and other sustainable actions. The City receives rebates for projects that successfully meet the eligibility requirements such as energy or water efficiency. If the rebates were not initially budgeted,  they  are  categorized  as  committed  fund  balance  in  the  General  Fund.  The purpose of this reserve is to help support future sustainability projects/programs.

Unassigned –  $500,000  and  represents  1%  of  the  total  general  fund  operating budget. This assignment may change from year to year based on budgeted general fund expenditures.
 Absorb unanticipated operating needs that arise during the fiscal year that were not anticipated during the budget process
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 Absorb unexpected claims or litigation settlements
Capital  Improvement –  $5,000,000  and  represents  average  dollars  spent  for  capital projects in the last three fiscal years. This assignment may change from year to year based on actuals dollars spent on capital projects and anticipated future capital project needs.  Meet future capital project needs so as to minimize future debt obligations The  City  shall  not  use  fund  balances/reserves  in  lieu  of  revenues  to  pay  for  ongoing expenses except as specifically provided in the City’s reserve policy.

The chart below summarizes reserve policy levels as described above:

Funding
Priority  Reserve
Reserve
Level1  Escalator2  Description
GENERAL FUND
1 Economic
Uncertainty
Reserve
$1824,000,000
GF Budgeted
Operating
Expenditures3 GF
Budgeted
Revenue4
For economic
downturns and
major revenue
changes.
2 Sales Tax
Repayment
Reserve
$56,500,000
Receipt of
additional sales
tax revenue in
dispute
For potential sales
tax repayments to
the CDTFA.
32  PERS  $19,088,859
Budgeted
Citywide
Retirement Costs
For pension costs.
3  Capital
Projects Reserve  $10,000,000  None  For future capital projects funding.
4  Sustainability
Reserve  $127,891   GF Budget
Revenue4
For future
sustainability
projects/programs.
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5  Unassigned  $500,000
Budgeted GF
Operating
Expenditures3
For mid‐year
budget
adjustments and
redeployment into
the five year
budget.

CAPITAL PROJECTS FUNDS
6  Capital
Improvement   $5,000,000   None
Reserves set aside
for future capital
projects.

1 As of June 30, 2023
2 Rounded to the nearest hundred thousand
3 Excludes Transfers Out
4 Excludes the use of reserves

Changes  to  Committed  Fund  Balance –  All  reserves  listed  in  this  policy,  with  the exception of the PERS restricted reserve, are classified as Committed Fund Balance under GASB Statement No. 54. Committed fund balance is comprised of amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision‐making authority. Changes to committed fund balances must be approved by City Council. This policy will be reviewed annually as part of the budget process.

Replenishment  process  – Should the  City  need  to  utilize  any  of  the  committed  fund balances  listed  in  this  policy,  a  recommendation  will  be  brought  to  City  Council  for approval and a plan to replenish the committed balance will be developed in conjunction with its use.

Excess – Funding of these reserves will come generally from one‐time revenues, annual net  income,  and  transfers  from  other  reserves  that  exceed  policy  levels.  They  will  be funded  in  the  following  priority  order  with  any  remaining  funds  to  be  placed  in  the Capital Reserve:
1) Economic Uncertainty Reserve
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2) Sales Tax Repayment Reserve
32) PERS
3) Capital Projects Reserve
4) Sustainability Reserve
5) Unassigned

Revised October 10,July 2023

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CITY OF CUPERTINO
Agenda Item
23-12289 Agenda Date:
10/10/2023 Agenda #:

12. Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 10/4/2023Page 1 of 1
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CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, October 10, 2023
Reporting Councilmember: Councilmember Liang Chao
Report Activity Dates: 06/01/23 to 10/2/23
Event Date, Title, and Description:
(This list does not include internal meetings with sta ff only, such as prep sessions or meetings with the City Manager.)
2023-06-01 Cupertino Pride Month Flag Raising (2023 video, 2022 video, 2021 video, 2019 video) - Cupertino have been hosting the Pride Month Flag Raising ceremony since 2019. I have aended each ceremony, except in 2020, when a virtual flag raising ceremony was held. 2023-06-10
visited Wilson Park Community Garden and the new outdoor basketball field - I was not able to aend the opening ceremony on Friday morning the day before. So, I visited the garden the next day. I was invited with former Mayor Darcy Paul, former Councilmember Jon Willey and former Councilmember Steven Scharf to celebrate together since we approved this project back in 2020. - After reducing the scope of the McClellan Ranch Community to cut the cost, the 2020 Council
voted to create the satellite Community Gardens in other parks so the wider community
can benefit from garden beds in neighborhood parks.
-
Click here to submit applications for garden beds.
2023-06-10 CASPA Science Fair Kicko ff meeting
- Chinese American Semiconductor Professional Association (CASPA) kicks o ff its annual science fair. To register, click here.
2023-06-15 Santa Clara County Cities Association Dinner at Los Altos Community Center, sponsored by Silicon Valley Ventures
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2023-07-28 Candlelight Vigil for Sri Milind Makwana, in front of the Library where he fell down on July 18 after the Council Meeting.
2023-08-07 Appreciation Dinner for volunteers for the Fremont Multicultural Festival 2023-08-12 Kids Fun Festival, Memorial Park - visited some booths 2023-09–09 Cupertino Fall Festival, Memorial Park - visited some booths 2023-09-16 Cupertino Cybersecurity Science Fair
- 5 teams a
ended and all are received awards
2023-09-20 to 2023-09-22 League of California Cities Annual Conference in Sacramento - Session Materials:
2023-09-23 Cupertino Heritage India Faire, behind Quinlan Center 2023-09-24 Three Oaks Park Block Party
- Well a ended. Neighbors appreciate the a endance of Councilmembers. 2023-09-30 Ivymax award ceremony for Presidential Volunteer Awards and Mid-Autumn Festival
- posters of student service clubs
(Last Activity Report in the June 6 Council Meeting Agenda.) 2 155
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1 CITY COUNCIL ACTIVITY REPORT
Meeting:  Tuesday, October 10, 2023

Reporting Councilmember:  Councilmember J.R. Fruen

Report Activity Dates:  9/12/23 to 10/2/23

Event Date, Title, and Description:

Event 1. September 14, 2023 – VTA Policy Advisory Committee Meeting – I attended this meeting in my capacity as Cupertino’s representative on the Committee. Two items recommended to the Board for approval included funding for infrastructure projects in Cupertino: Item 8 included approval of the city’s request for approximately $166,000 for the installation of buffere
d bike lanes on De Anza Boulevard under Article 3 of the Countywide Transportation Development Act (one of 6 funded projects in the county); and Item 9, approval of the 2024 State Transportation Improvement Program projects, which included $6 million in funding for the I‐280/Wolfe Road interchange. The latter remains short of its full funding goal.

Items 10 and 11, both informational items, would also be of interest to Cupertino resident. The first is an update on the Valley Transportatio
n Plan 2050, the second is an introductory
presentation to the Equitable Vehicle Miles Traveled Mitigation Program grant project. The full agenda and supporti
ng materials are available here:
http://santaclaravta.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=3777

Event 2. September 14, 2023 – Cities Association Legislative Advisory Committee Meeting – I filled in for Mayor Wei as the alternate for this meeting. The main focus of the meeting was the Association’s support of ACA 1 and ACA 13 coupled with the Association’s opposition to the California Business Roundtable’s tax and fee initiative which Cupertino has already opposed becaus
e of the catastrophic effect it would have on city revenues and the city’s ability to provide services. The Association voted to support ACA 13.

Event 3. September 20 ‐ 22, 2023 – League of California Cities Annual Conference – This three‐day conference covered a variety of topics important to local governments. I attended workshops on mitigation fees, the implementation of state housing laws, city governance best 156
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2 practices, and the general economic forecast’s impact on city revenues, among others. The conference also afforded useful networking opportunities with other electeds across the state and various municipal service providers at the Exposition.

Event 4. September 23, 2023 – 2nd Heritage India Faire – Konark Festival – I joined the rest of the city council to honor the Cupertino ‐ Bhubaneswar Sister City Initia tive and visiting
dignitaries at the 2nd Annual Heritage India Faire held at Memorial Park. The festival celebrates the cultural heritage of India in general and the state of Odisha in particular. The event was well‐attended and made especially good use of the rear courtyard behind the Quinlan Center.

Event 5. September 30, 2023 – Cupertino BikeFest – This year’s BikeFest brought the community together around the va
lue of biking and how to bike safely. I was especially
impressed by the bike maintenance and repair offerings, which were heavily subscribed. The reprise of the Bike Blender Booth which allowed participants to make a blend a smoothie using the power of a bicycle was especially well‐received.

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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, October 10, 2023

Reporting Councilmember: Vice Mayor Sheila Mohan

Report Activity Dates: 9/12/23 to 10/2/23

Event Date, Title, and Description:

9/13/23: Attended the monthly meeting of Silicon Valley Clean Energy Agency in my capacity as a member of the Board of Directors. Staff provided an update on the 2022 greenhouse gas emissions inventory. In 2022, there was a 23 percent reduction compared to 2015 levels, and the inventory showed a return of transportation emissions to near pre- pandemic levels. SVCE continues to work on deploying innovative solutions in partnership with member agencies to collectively achieve further greenhouse gas reductions.

9/14/2023: In my capacity as the alternate member of the Cities Association Board of Directors, I attended their regular Board meeting. The most significant item discussed was the possible formation of a Joint Powers Agreement to formalize the relationship among its member cities, advocate for positive action and encourage cooperative endeavors among the pubic agencies.

9/19/23: Attended the audit committee meeting of Silicon Valley Clean Energy at which staff presented the Financial Audit Kick-off by their Auditors, and the annual IT Cybersecurity Assessment.

9/23/23: Participated in the Heritage India Faire held in Memorial Park and sponsored by the Bhubaneswar Sister City Committee. A large number of attendees witnessed dance performances and local artist displays and enjoyed Indian street food served by the food trucks. Cupertino was well represented by all members of the City Council.

9/28/23: Attended a prep session conducted by City staff to update Council on 158
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the City’s budget status and possible actions to deal with the expected revenue shortfall.

9/28/23: Attended the Wellness Fair at the Quinlan Center, and enjoyed learning basic yoga and strength training exercises. It was a well-attended and well organized event with many City staff members participating in the various activities

9/30/23: Welcomed the participants of the 10
th annual Bike Fest,
acknowledged the community spirit that the event fosters and thanked City Public Works staff, volunteers and sponsors for their efforts to bring this event to life year after year.

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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, October 10, 2023

Reporting Councilmember: Councilmember Kitty Moore

Report Activity Dates: 9/13/23 to 10/2/23

Event Date, Title, and Description:

September 13, 2023. Attended South Bay Labor Council and Working Partnerships USA online briefing on ranked-choice voting. This educational webinar explained ranked-choice voting pros and cons and provided insight into the political process changes with rcv.

September 14, 2023. Attended resident-initiated meeting with Staff to discuss homelessness approaches, Lehigh, and development questions.

September 15, 2023. Attended opening of the Cupertino Historical Society’s Painless Parker exhibit opening and Chamber of Commerce business social. This exhibit runs through November 2023 at the Quinlan Center, hours are Wednesday – Friday 10 am to 4 pm. Stop by and see an array of vintage dental implements! Also had an opportunity to hear resident concerns about our local historic buildings and ideas for them.

September 16, 2023. Attended the excellent CyberSecurity Public Education 2023 event at Community Hall which included experts in the field and had a competition with prizes to 5 high school teams. Staff, esteemed panel guests moderated by our Tom Chin, the TICC commission, and student competitors did an outstanding job, and the video will be available soon!

September 19, 2023. Council meeting.

September 20-23, 2023. Annual CalCities Conference and Expo in Sacramento. This is an educational conference with an expo that includes vendors from all aspects of city activities such as law firms, pavement contractors, plan review, procurement etc. I am additionally 160
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City Council Report of Activities Councilmember Moore

including all of the session materials and their links below to share what the topics and materials are that your councilmembers are provided:

• Addressing the Fentanyl Crisis
• Addressing the Fentanyl Crisis - McChristian
• A Local Agency's Guide to HCD's Housing Accountability Unit • A Tale of Two Cities Disparities in Mental Health
• Adapting Main Street for a Changing Retail Landscape
• After the Storm Lessons Learned from the California Storms • AI in Governance- Opportunities and Ethical Considerations • Assets and Opportunities Surplus Land Act 101
• Black Health and Wellness Healthcare Services within Communities of Color • Building Americas Greenest City Hall
• Building in Economically Challenging Times
• Building Mobile Crisis Response Teams - Linkins
• Building Mobile Crisis Response Teams - Planck and Shyne • California Cannabis Seven Years After Legalization
• California Cannabis- Seven Years After Legalization - Hillsman • California Economic Forecast A Look Ahead
• CalPERS Funding Levels, Projections and Strategic Update • Case Study Response to Homelessness in the City of Rialto - Kling • Centralized Customer Relations
• City Clerks Workshop- 2024 Elections Trends, Legislation, and Practical Advice • Connecting and Engaging to Make a Difference Mentoring Not Just Mangaging • Connecting With Your Community Through Human-Centered Communication • Cybersecurity Checklist - Kaufman
• DEI Recruitment at All Levels of Your Organization - Winney • Enhancing Emergency Preparedness Through Whole Community Collaboration • Fees! You Got ‘Em. How Do They Work Today - Colantuono • Fees! You Got 'Em. How Do They Work Today - Seufert and Turner • From Idea to Action Budgeting for Strategic Impact
• Harassment Prevention Training for Supervisors and Officials (AB 1661) (5) • Hiring Future Local Leaders How to Attract Top Talent • Homelessness to Housed How Cities Create and Leverage Strong Partnerships - Schneider
• Increasing Collaboration Between Local Governments and Utilities on Installing Infrastructure
• Introduction to the California Fire and Rescue Mutual Aid System • Managing Difficult Conversations with Constituents
• Minority Leaders Reshaping Local Government
• Navigating The New State Housing Laws
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City Council Report of Activities Councilmember Moore

• One City, One Team Establishing Effective City Manager-Council Relations • Opt In Why Cities Should Care About Digital Rights
• Reducing Wildfire Risk to Wildland-Urban Interface Communities • Righting Wrongs Addressing Discrimination Against AAPIs • Stop Hate How Local Elected Officials Can Combat Rising Hate Crimes and Hate Speech - Mei
• The Mayor Said What! Staying Ahead of the News
• The Joint Powers Act and its Utilization in California • Understanding Public Service Ethics Laws and Principles (AB 1234) • What the Bleep!” Limits of Public Comment
MCLE Session Materials
Access the MCLE sessions agenda here.

Access the MCLE Evaluation form here.

Read speaker bios here.

Artificial Intelligence and the Practice of Law (MCLE Specialty Credit for Technology in the Practice of Law)
Speakers: Peter Lee, Martin Luther King Jr. Professor of Law, Director, Center for Innovation, Law, and Society, UC Davis School of Law
Matthew Slentz, Senior Counsel, Colantuono, Highsmith & Whatley Paper | PowerPoint
General Municipal Litigation Update
Speakers: Pamela K. Graham, Senior Counsel, Colantuono, Highsmith & Whatley Meghan Wharton, Senior Counsel, Colantuono, Highsmith & Whatley Paper | PowerPoint
Meeting Disruptions, Workplace Violence Restraining Orders, and the Bane Act Speakers: Jon R. di Cristina, Senior Counsel, Colantuono, Highsmith & Whatley Ryan Richardson, Chief Assistant City Attorney, Oakland Paper | PowerPoint
Land Use and CEQA Litigation Update
Speaker: John Luebberke, Of Counsel, Herum Crabtree Suntag Paper | PowerPoint
Affirmatively Furthering Fair Housing – State and Federal Law Speakers: Celeste Stahl Brady, Shareholder, Stradling Yocca Carlson & Rauth Yolanda M. Summerhill, Assistant City Attorney, Newport Beach Paper | PowerPoint
Case Study: A Capital City’s Approach to Unsheltered Community Speakers: Emilio Camacho, Senior Deputy City Attorney, Sacramento Aaron M. Israel, Senior Deputy City Attorney, Sacramento Beau Parkhurst, Senior Deputy City Attorney, Sacramento Paper | PowerPoint
Labor and Employment Litigation Update
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City Council Report of Activities Councilmember Moore