The County of Santa Clara

Approved as Amended
Mar 25, 2014 9:00 AM

Under advisement from February 25, 2014 (Item No. 10): Accept report relating to funding options to support the Annual July 4th Community Event in Downtown San Jose sponsored by the Rotary Club of San Jose to match contributions by the City of San Jose in the amount not to exceed $70,000 to enable the Rotary Club to meet its overall goal of $200,000, with the recommended allocation. (Office of the County Executive)


Department:Office of the County ExecutiveSponsors:
Category:Appropriation Modification

Multiple Recommendations

Possible action:
a. Accept report relating to funding options to support the annual July 4th Community Event in downtown San Jose sponsored by the Rotary Club of San Jose.
b. Approve Request for Appropriation Modification No. 165 - $70,000 transferring funds from the State/Federal Budget Impact Reserve to the budget of the Office of the County Executive on a one-time basis. (Roll Call Vote)
c. Authorize the County Executive, or designee, to contribute a maximum of $70,000 to the Rotary Club of San Jose to support the Annual July 4th Community Event in downtown San Jose contingent upon a concomitant contribution from the City of San Jose and the restriction that $20,000 of the $70,000 be allocated to outreach, prevention, and education regarding the threat to public safety and personal safety that the illegal purchase and use of illegal fireworks represents; and, $50,000 be allocated to support the community event, including adequate police and fire services as well as logistics and operational expenses.



Approval of the recommended actions will result in a reduction in the State/Federal Budget Impact Reserve. This reserve was established at $18.3 million in the FY 2014 Approved Budget, but has been reduced to $540,274 based on Board actions subsequent to July 1, 2014. Approval of the Request for Appropriation Modification will further reduce this reserve to $470,274.


At the Board of Supervisors February 25, 2014 meeting (Agenda Item No. 10), on a motion by Supervisor Cortese, the Board of Supervisors directed the Administration to provide funding options to support the Annual July 4th Community Event in Downtown San Jose sponsored by the Rotary Club of San Jose to match contributions by the City of San Jose in the amount not to exceed $70,000 to enable the Rotary Club to meet its overall goal of $200,000, with the recommended allocation.

Staff researched several options for possible funding, but determined that the use of discretionary General Fund resources in the State/Federal Budget Impact Reserve was the most reasonable funding option.

State/Federal Budget Impact Reserve - Although this reserve was originally intended to allow for flexibility to address impacts from State and Federal budget actions, the reserve is funded with discretionary General Fund resources and may be used for any public purpose the Board determines is necessary or advisable.

If approved by the Board of Supervisors, the Administration would:

1.              Confirm a matching contribution by the City of San Jose, and

2.              Execute an Agreement for Services between the County of Santa Clara and the Rotary Club of San Jose to assure that the County’s contribution of $70,000 is allocated to outreach, prevention, and education regarding the threat to public safety and personal safety that the illegal purchase and use of illegal fireworks represents ($20,000) and to support the community event, including adequate police and fire services as well as logistics and operational expenses ($50,000).










The following table reflects allocations from the State/Federal Budget Impact Reserve approved by the Board of Supervisors to date.

Status of State/Federal Budget Impact Reserve

   Board Action

Reserve Supported by Ongoing Resources

Reserve Supported by One-time Resources

   Total Reserve

FY 2014 State/Federal Budget Impact Reserve at July 1




F85#036 Pay for Success




F85#062 Sequester Eviction




F85#086 ADO Investigator




F85#042 HEARTH Collaborative




F85#039 CEMA Agreement




F85#094 SEIU Agreement




F85#110 CIR Agreement




F85#112 Exec Salary Ordinance




F85#119 CCAA Agreement




F85#117 CBO Augmentation




F85#115 SSA SEIU Agreement Impact




Total Board-Approved Modifications




FY 2014 Current Modified Budget




Contribution to Rotary Club for July 4th Community Event




FY 2014 Remaining Reserve





Other funding options considered by staff include:

Park Charter Fund - The Park Charter requires that the monies in the Park Charter Fund be used for “the acquisition, development, or acquisition and development of real property for county park purposes and for the maintenance and operation of county parks.” A contribution to the Annual July 4th Community Event in Downtown San Jose does not appear to meet the criteria described in the Park Charter and staff does not recommended using Park Charter funds for the proposed contribution to Rotary Club of San Jose.

Central Fire Protection District (Santa Clara County Fire Department) -The District is empowered to provide services for fire protection, rescue, emergency medical (including advanced life support), hazardous materials, emergency response, and functions necessary for the prevention of fire and for the protection of life and property from fire. While the District has an interest in assuring that the public is educated and aware of the dangers of illegal fireworks, the District must also assure that expenditure of all District funds meets the needs of District residents who pay for the District services through local property taxes. Because the July 4th Community Event serves a much broader County demographic than the Central Fire Protection District, staff does not recommend using District funds for the proposed contribution to Rotary Club of San Jose.

Public Health Department - The Public Health Department includes programs and services for injury prevention and public health education that may be a reasonable source of funding for the $20,000 educational component of the proposed contribution to the Rotary Club of San Jose. However, recent Board action at the FY 2014 Mid-Year Budget Review reduced the budget for this department by $500,000, significantly reducing the department’s financial flexibility to absorb new, unplanned expenditures. Staff does not recommend further impacting the department’s budget for the proposed contribution to Rotary Club of San Jose.


The recommended action will have no/neutral impact on children and youth.


The recommended action will have no/neutral impact on seniors.


The recommended action will have no/neutral sustainability implications.

Meeting History

Mar 25, 2014 9:00 AM Video Board of Supervisors Regular Meeting

Carl Salas, President, San Jose Rotary Club, spoke of the importance of education regarding use of illegal fireworks, particularly in the current drought situation, and commented that the event will reflect civic pride and community involvement.

Vice President Cortese moved approval of possible actions "a" and "b" as submitted, and amended possible action "c" to reflect allocation of the $20,000 for educational purposes be directed to the Central Fire Protection District (CFPD). At the request of Supervisor Simitian, the motion was further amended to specify that the allocation requested is for one-time funds and to include direction to the CFPD to report to the Board after July 4, 2014, regarding the effects of the educational efforts relative to holiday fire incidents. At the request of Vice President Cortese, a final amendment to the motion was accepted to include direction to CFPD that the report include information on the pre-holiday educational efforts undertaken.

MOVER:Dave Cortese, Vice President
SECONDER:Cindy Chavez, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian


Mar 25, 2014 9:00 AMBoard of SupervisorsRegular Meeting


11:07 AMLooking at the use of park charter funds, special district funds labeled through the central fire district and the public health department. We have determined in this legislative file that the most appropriate source of funding is from one of our discretionary reserves, we reserve for state and federal impacts. But subsequent to the preparation of this file, we've had an opportunity to look at the public health department current financial status. And I would modify this to indicate that with regard to funding for education about illegal fire works, I think that there is probably flexibility within that budget to, to handle some sort of monetary contribution. I think that to be fair to the public health department, while it May be a simple matter to allocate funds from their budget to that purpose, it would be a much more difficult matter to tell staff at this point of year that they have an obligation to come up with some sort of public education plan to [speaker not understood] fires to create some sort of educational strategy for this sort of thing. So, the money part is easy and if the money is simply a transfer to the rotary club to fund educational outreach.
11:08 AMThank you for that. supervisor cortese, you wish to speak before we hear -- we have a speaker card.
Happy to hear the speakers first, then I can make a suggestion, a motion actually.
11:09 AMThank you. president fong, I have your card. Anyone else wish to speak to this item? Please fill out a card and come on up or come on up and fill out a card.
> hi, i'm [speaker not understood] from the current president of the rotary club of san jose. I have with me [speaker not understood], libertarians also, I want to point out our club is the 15th largest in the country. We have about 420 members. [speaker not understood] lives in sunnyvale, [speaker not understood]. We're from various places in the county as well as the city of san jose. It's our 100th anniversary, this year is our 100th anniversary. We wanted to have the city and county celebrate with us, a 4th of July fire works. It hasn't been held since 2008, and that's the reason i'm here. Not because of the celebration. There is a bigger reason. And that's because illegal fire works have proliferates [speaker not understood]. I was at the ground level at last 4th of july. I like fire works. And I could see a lot of fire works going off. I have friends in milpitas and foothills and they've never seen anything like it. It's not [speaker not understood], not those kind of fire works. These are commercial grade fire works going up 200, 300 feet in the air. So, we met a couple weeks ago with the san jose fire department and particularly throughout the year they're actually excited about us having a fire works display where we have something that trackses and redirects all of the attention on illegal fire works to [speaker not understood] a safe and sane and spectacular silicon valley fire works event. Now, I think your $50,000 investment is going to more than pay for itself because 4th of July has the most fires than any other day in the country. Of any of the day on the calendar because of illegal fire works. And I think by containing it by having a safety plan and by having a safe and sane family friendly activity that draws on the order of 100,000 people, we're going to be in good shape. Civic pride is a friendly [speaker not understood]. Thank you.
11:11 AMThank you very much. I don't have any other cards. Woops.
> supervisor, if I could add to my initial remarks on the subject, this morning we were able to confirm and in sort of a secondhand way. I'll have to do more work when I get back upstairs. The contribution from the city of san jose is $30,000 from their transient occupancy tax. It's a one-time grant . So, given the referral which was for us to allocate up to a maximum of $70,000 matching the san jose contribution, staff will require direction from your board on what to do in this case. It was -- original referral was up to the maximum of 70,000 with about 70% going to the event and about 30% going to an educational component. The san jose contribution is $30,000. I could confirm perhaps through telephone calls that it's $35,000 or it's 27,000. The point is that staff will seek specific direction from your board with relation to that matching amount and whether or not you want us to bifurcate within that amount 70% of the matching funds to go to the event and 30% to go to education or some other direction.
11:12 AMThank you. supervisor cortese?
Thanks for that additional information. I'd like to just move that we relax the, for your purposes, for our purposes, the matching language in the strictest sense. I think it's probably -- once we do our part -- up to rotary who is the main sponsor of this and san jose to figure out what fund-raising needs to be done. But I would like to move a and b of the recommendation, which a, accepts the funding options that are laid out here which is basically specified further in b in an appropriation modification, $70,000, transferring funds from the state and federal budget impact reserve. And c, the 70000 instead of paying that full amount over to rotary, I think this gets to your last question or comment. $50,000 should be paid over the rotary. The $20,000 I would like to recommend rather than public health, be paid over to the county fire district under the direction of chief [speaker not understood] I hope my staff got this out to everyone, but he just sent a memorandum just recently indicating his support for the education effort. And because of his relationship with san jose, with the chief at san jose, with the sick other cities -- i'm sorry, seven other cities that county fire is responsible for, I think it just puts them in a position to carry out that education campaign and probably better than anybody else could in this county at this point. So, that would be the motion as is, a, b, but c is a little more clarity on how we're bifurcating those dollars and who gets what.
11:14 AMSupervisor chavez.
I would make a second if with one addition. I'd like to call president outside of the rotary meeting. [speaker not understood]. Well, anyway, what's the amount you're at right now? If you wouldn't mind?
11:15 AMIf you could please come up to the microphone with this.
We have 40,000 as of today. yesterday we got notified of another $9,000 grant and [speaker not understood]. [multiple voices]
We have a grab for 30, grant for 9, and city council is thousand, 40. I'm pretty sure we're going to get to 50 to be honest with you.
So, we, by not relaxing it, we're saying go get the other 10?
Absolutely. yeah.
Okay. you're being nicer than I would be. I would say 50 has to be matched and [speaker not understood] get another 10.
I'm not saying -- asking that or not. I'm saying our contribution is 50, but 20 to education. They have a total of cost of the event that is up to them to meet. And I assume that is then reduced by 20,000 based on the estimates we were given when we first did the referral.
11:16 AMStill looking at $200,000.
We're still looking at $200,000.
I'm encouraging the city to get the other 10 in. [speaker not understood]. He's saying they're at 40 right now.
But that's from other sources. [multiple voices]
We received yesterday another grant from them for $9,000 and we have a commitment from one of the city council people for a thousand dollars. So, that's 30 that we already have. We received yesterday 9 from the city and another thousand, so that's 40,000 right now. And we believe they'll come through with the other 10. That's why the strategy is so nice, to be honest with you.
It's great for everybody. it's great for us, it's great for you and it's great for them .
Thank you.
Supervisor chavez, you finished your comments? Supervisor simitian.
Is this a one-time only act? I thought I saw you quoted in the newspaper saying this was sort of a one-time thing. $70,000 once is suddenly $70,000. $70,000 if there is an annual ask on this level, at its core, I think this is a city function. It's not -- to the record [speaker not understood]. I'll match you on fire works. This is one of the sort of the fondest sort of most old school traditional memories i've got as a kid growing up. And -- but the challenge for me sitting in this role given our other obligations and financial pensions here is i'm seeing what I would call mission drift from the county's role and essentially stepping in what I have historically or would have historically thought of as a city function. I like the idea of different partners coming together to contribute. I've always thought there was no skin in the game. There's a lot of way to do community work. But i'm sitting here sort of struggling. Is the plan still to do a $200,000 fire work show? As I understand it? He
11:18 AMThat is correct.
You're going to keep pitching at the city of san jose to get them to raise 50,000 and hope that we'll do 50,000 and then find the other 100,000 from?
We already have 30,000 in cash. My [speaker not understood] at the rotary club [speaker not understood]. Some people putting in for sponsorship.
[speaker not understood]. are we still thinking of this as sort of a one-time event? If I read the newspaper story, it was an opportunity to say let's all pull together and coincidentally with your centennial activities and -- but if it's an annual event, different story.
I'm like you. on this event. [speaker not understood] every year. This is really truly a onetime. I'm an engineer. We talk about inertia rest and inertia motion. You can't imagine the secondary benefit you're getting from 50,000. We are put intion hundreds of hours. We believe once it gets going, it May have its own inertia study next year. This is a one-time ask from san jose and the county.
11:19 AMThe concern is about an object at rest tends to stay at rest and object at motion stays in motion. Our [speaker not understood] will stay in motion in future years.
I have one thing, [speaker not understood], I think really important particularly because there are so many legal fire works. We had a $100,000 agreement for in-kind services from bay area 11, nbc bay area and telemundo 48. I think the education at that point, we'll all be able to leverage that education [speaker not understood]. We were talking about people down and out and they were excited to have an opportunity. The new stadium is coming online and they're going to be having this surge of people and they were actually excited about having an opportunity to test out some of the strategies that worked out on a surging situation [speaker not understood] you have at the 4th of july, or they're talking about there are going to be some earlier gains with the soccer games. They were excited about having a chance to ease up against it. So, I believe again a one-time event essentially is very timely.
11:20 AM[speaker not understood].
First of all, for 100 years you're remarkably well preserved. [speaker not understood].
He did answer the question, [speaker not understood].
Here's my ask of the maker and the seconder. Can we explicitly call it out as one-time? That May not be important to the maker and the seconder, but it is important to me and i'm trying to get the yes with you here. The other thing i'd like to ask if we're going to send the $20,000 on county fire folks, I have to tell you, i'm been skeptical from the start about the community education component of this was I wonder if that's really just the frosting and we're really all about rounding up $200,000 for the fire works. I've got both professional colleagues and members of the public who say, no, the problem with unlawful fire works is a real and serious one. So, i'd like to ask the maker and seconder as well to incorporate direction to the fire department to pull together some information for us on did we see a difference in terms of the number of reported fire incidents on that day. Because if we spent -- if the community at large, not our county, spends $200,000 on fire works and $20,000 on public safety campaign efforts and we have the leverage from the media and we see a 20% increase instead of a 20% decrease in the number of reports and/or fires, then that's information I think we should have.
11:22 AMOkay. so, our motion maker, supervisor cortese. Supervisor chavez, you want to be the seconder if you'll do so electronically. We have a request from supervisor simitian for two of you that this is one time.
And that we get a report back.
And report back from the fire safety.
County fire [speaker not understood].
I would actually incorporate a pre-report and a postmortem report on the education activities. I'm hoping one of those is a big [speaker not understood]. Prosecuted to the fullest extent of the law, slow down traffic. I think it's a great -- in keeping with our trend here to focus on measurable outcomes.
Motion maker says yes. seconder?
I would say yes. and one thing I wanted to say about the the staffing issue is -- and I think I shared this with you all last time. When I was running for office the first tyingv I ran in the summer which I would not recommend tog. Anyway, I ran in the summer. And being out in the public, the concern around the fire works was so heavy. And I don't know if this is countywide, but east of first street, you know, people talked about complaints about neighbors, complaints about animals, complaints about small fires. And the thing I would say, and this is a concern I have even as we talk about this reporting issue, is that we -- san jose fires, county fires, san jose police all had a hard time responding because they only respond to the worst tragedies on though days. They don't respond to the thousands of calls for hundreds of calls for service they get because they can't, because they're so stretched. So, I want to say I think this is a very real problem. I was very excited that chief kemna was interested in taking that small pot of money which is very he small when you think about the county. We have no money right now that we allow for that I know of for them to do this kind of public education and communication. And chief kemna is chief of all the chiefs. I don't know what that means he is, the chief-chief of all the fire. So, they have all the pios who have been meeting getting ready for fire season who are looking at strategies to do education and this money will help us do that in partnership with [speaker not understood]. I'm happy to say one time and we should absolutely measure. And I want to make us aware during this one time when we [speaker not understood] a tradition of doing this for years and then trying to turn the ship May or May not mean we see results right away. I hope it does.
11:24 AMSo, a yes and a yes to the friendly amendment. And supervisor cortese, if you'll please move it.
Yes, i'm sorry.
And supervisor chavez, if you'll please second it. And any further discussion? Seeing none, our results are it passes unanimously. Thank you very much.