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CC 04-02-01 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City HaH Council Chamber Monday, April 2, 2001 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Proclaiming April to be the California Earthquake Preparedness Month, and supporting and participating in California's "Ready To Ride It Out" campaign. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/ur actions requested by council, staff, or a member of the public, it is requested that items 4 through 19 be acted on simultaneously. 2. Approval of minutes: March 19, 2001. 3. Accounts payable: March 16 and March 23, Resolution Nos. 01-080 and 01-081. 4. Payroll: March 16, Resolution No. 01-082. 5. Treasurer's Budget Report: February 2001. 6. Authorizing the Director of Public Works to negotiate and execute a design agreement with DKS Associates to develop the Cupertino Adaptive Traffic Signals Control System Project not to exceed $805,000, Resolution No. 01-083. April 2, 2001 Cupertino City Council & Page 2 Cupertino Redevelopment Agency 7. Review of application for Alcoholic Beverage Control licenses: a) Todai Restaurant, 10123 Wolfe Road, #2001 b) Dam Hideaway, 10095 Salch Way 8. Acceptance of improvements: O'Brien Group, Oak Valley, Unit 1 Area 2, Tract 9054, Kevin C. H. and Lynn M. Citing, APN 357-05-023. 9. Approving the first amendment to the 1996 Measure B Pavement Management Program Cooperative Agreement, Resolution No. 01-084. 10. Authorizing submittal of an application for Transportation Development Act Article 3, Bicycle and Pedestrian Fund Program to fund the City-Wide Bicycle Parking Facilities Project from the City's guarantee of $51,789.00, Resolution No. 01-085. 11. Approval of appointment of Smart Chessen to the Bicycle and Pedestrian Advisory Committee. 12. Authorizing signature authority for federal and State grants, Resolution No. 01-086. 13. Memorandum of Understanding between San Jose State University Foundation and the City of Cupertino to support regional collaborative effort by local governments, businesses, non-profits and academia to mitigate potential disasters. 14. Authorize fine arts grants for Spring 2001 as recommended by the Fine Arts Commission. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. 2001/02 User Fee Schedule: rescinding Resolution 00-120 and establishing user fees, Resolution No. 01-087. 16. Prezoning cfa .22 acre single family lot to Pre-RI-10, Application No. 01-Z-01; Lin-Hal Nan; 10599 N. Stelling Road (Garden Gate area). APN: 326-08-053. This item is categorically exempt from the California Environmental Quality Act and is recommended for approval. (a) First reading of Ordinance 1878, "An Ordinance of the City Council of the City of Cupertino Prezoning a .22 Gross Acre Parcel to Pre R1-10 (Single Family Residential) Zoning District." 17. Public hearing to review and approve use of the Twenty-Seventh program year (2001- 2002) Community Development Block Grant (CDBG) funds: (a) Authorize submittal of funding proposal, Resolution No. 01-089. PLANNING APPLICATIONS April 2, 2001 Cupertino City Council & Page 3 Cupertino Redevelopment Agency UNFINISHED BUSINESS NEW BUSINESS 18. Approval of Community Development Block Grant (CDBG) agreement between the County of Santa Clara and the City of Cupeflirto for fiscal year 2000/01 and authorization for the City Manager to execute the agreement, Resolution No. 01-090. 19. Campaign ordinance revision and resolution establishing voluntary expenditure limit of $20,000: (a) First reading of Ordinance No. 1877, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.06 of the Cupertino Municipal Code Related to City Council Elections and Campaign Finance Disclosure." Co) Adopt Resolution No. 01-091, regarding setting voluntary campaign expenditure limits at $20,000. ORDINANCES 20. Massage regulations: Second reading of Ordinance No. 1875, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code Regarding Regulation of Massage." 21. Second re, ding of Ordinance No. 1876, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop Required At Certain Intersections; Felton Way at the Intersection of Kirwin Lane." STAFF REPORTS COUNCIL REPORTS Mayor James: Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cupertino Legislative Review Committee Library Steering Committee Northwest Flood Control Zone Advisory Committee - Alternate Santa Clara County Cities Association Santa Clara County Emergency Preparedness Commission Teen Task Force West Valley Mayors and City Managers Vice-Mayor Lowenthal: April 2, 2001 Cupertino City Council & Page 4 Cupertino Redevelopment Agency Animal Control J'PA Association of Bay Area Governments Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Cities Association - Alternate Santa Clara County CommiRee on Housing and Community Development Block Grant Program - Alternate Santa Clara County Library District JPA Board of Directors Santa Clara County Transportation Agency Policy Advisory Committee - Alternate Teen Task Force - Alte~imte West Valley Mayors and City Managers- Alternate Councilmember Burnctt: ABAG Board of Directors, Santa Clara County Cities Association Representative North Central Flood Control Zone Advisory Committee Northwest Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Committee on Housing & Community Development Block Grant Program Santa Clara County Library District JPA Board of Directors - Alt=..ate Santa Clara County Solid Waste Commission - North County representative Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Sports Center Expansion Committee Councilmember Chang: Association of Bay Area Governments - Alternate Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Liaison Santa Clara County Emergency Preparedness Commission- Alternate Sports Center Expansion Committee - Alternate Sister City Committee - Toyokawa CLOSED SESSION ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. I)RAFI' MINUTES -- CUPERTINO CITY COUNCIL Regular Meeting Monday, March 19, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council member Michael Chang. Council members absent: Don Burnett. Staff present: City Manager David Knapp, Community Development Director Steve Piasecki, Planner Vera Gil, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, Deputy City Clerk Grace Johnson, and City Clerk IGmberly Smith.. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Ms. Liz Gallegos, Executive Director of the Northwest YMCA, · - acknowledging City support for its programs. Mayor James received a YMCA T-shirt and other Council members received a YMCA history book, celebrating 150 years of YMCA existence and 33 years of service to Cupertino. 2. Presentation of certificate to honor Mignel Migliaccu and Paul Tognetti for discovering and returning Dr. Lawrence Hooper's wallet. The recipients were not present to receive their certificates in person and will receive them at a later time. 3. Annual ~zport from Telecommunications Commission (video presentation). Through a video presentation, L.T. C-uttadauro spoke about the commission's accomplishments over the last year. POSTPONEM~.NTS Item number 15, authorizing a design agree~-aent with DKS Associates was deferred for two weeks. WRITTEN COMMUNICATIONS - None March 19, 2001 Cupertino City Council Page 2 ORAL COMMUNICATIONS Anna Polman-Black, Cupertino resident, gave kudos to Mr. DeCinzo for his political cartoon in the Jam_~ary 3 Cupertino Courier regarding public input to the City Council. Ms. Black said that the community members must speak with a louder voice in order to be heard by the City Council. CONSENT CALENDAR Lowenthal moved to approve the items on the Consent Calendar as recomraended with the ' exception of item Nos. 11 and 15. Chang seconded and the motion carried 3-0 (Burner absent). 4. Approval of minutes: Febv~Rry 5 and March 5, 2001 5. Accounts payable: March 2 and March 9, Resolution Nos. 01-065 and 01-066. 6. Payroll: March 2, Resolution No. 01-067. 7. Support for Senate Bill (SB 10-Soto), Safe Routes to School Construction Program. 8. Improvement Agreement, Tai-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-068. 9. Grant of ease~ilent, roadway, Tai-Tsong Wang And Pan-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-069. 10. Accepting quitclaim deed, Tai-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-070. 12. Approving Contract Change Order No. 12, Cupertino Senior Center, Project 99-9210, Resolution No. 01-072. 13. Approving the final map and improwment plans of Tract No. 9325, located at 10051 Bianchi Way, Developer, College Villas, Resolution No. 01-073. 14. Authorizing the Director of Public Works to negotiate and execute an agreement with DKS Associates to develop Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Intcrconnection Project in an amount not to exceed $390,000, Resolution No. 01-074. 16. Mary Avenue Bicycle Footbridge feasibility study: (a) Authorize the City Manager to execute the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Program Funds Cooperative Agreement to implement a feasibility study of the proposed Mary Avenue Footbridge, Resolution March 19, 2001 Cupertino City Council Page 3 No. 01-076 (b) Authorize the Director of Public Works to negotiate and execute a feasibility study contract for Mary Avenue Footbridge with SGA Associates, Resolution No. 01-077 17. De Anza Cupertino Aquatics lease of the Sports Center swimming pool, Resolution No. 01-078. 18. Authorize execution of a Professional Services Agreement with Lifetime Tennis, Inc. for tennis instruction at the Cupertino Sports Center, Resolution No. 01-079. 19. Request from the Quota International of Cupertino for waiver of $45 use fee for their "Salute to Staff' fundraiser luncheon on April 26, 2001, at the Quinlan Community Center. Vote Members of the City Council AYES: Chang, james, Lowenthal NOES: None ABSENT: Bumett ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 11. Designating a preferential parking zone on Tula Lane to include the first Saturday of each month between 8:00 a.m. and 12:00 p.m., Resolution No. 01-071. Director of Public Works Ralph Quails explained that the request had to do with the De~,nT.a College flea market parking, and that it would restrict parking on both sides of the street, only for the first Saturday of each month from 8-12. Lowenthal said he did not support parking restrictions for many reasons. He felt that city streets are public and anyone should be able to park on them, and restricted parking simply moves the problem to another street. He felt that parking restrictions go against a sense of community because people feel that they own small areas and dominate the use of them. He told staff that this kind of item should only be put on the New Business calendar in the future, not on the Consent Calendar. Chang said that he would support this item given the limited scope, but agreed with Lowenthal that staff should provide other options for reviewing restricted parking permits. Quails said he would bring back a staff report to Council for their consideration, listing alternative methods for considering these pear,its. James said she was opposed in general to permit parking but since this was only for four hours, she would vote for it. She agreed with the other Council members about different options for review. March 19, 2001 Cupertino City Council Page 4 Robert Sapirstein, 10300 Tula'Lane, said that Tula Lane is different from the other streets in that it is a dead end at both ends. He was concerned about congestion on his street, especially on Saturday mornings and felt that the street has become much more congested due to the surrounding streets having been granted permit parking. He commented that it has become a dangerous place for people to leave their driveway because of this congestion, and many people park illegally in driveways and in front of fire hydrants. He supported the resolution. Lowenthal commented that staff should see if there should be more enforcement, or if there were other alternatives, such as painting the curb red, to solve the real problem of people parking illegally. He also asked staff to meet with the residents and find out what the real issue is in regards to this parking restriction petition. Council concurred to bring the item back in one month. 15. Authorizing the Director of Public Works to negotiate and execute a design agreement with DKS Associates to develop the Cupertino Adaptive Traffic Signals Control System Project not to exceed $805,000, Resolution No. 01-075. (I)ef~red). PUBLIC HEARINGS 20. Appeal of Planning Commission recommendation regarding a modification to an approved plan for an addition to .an existing medical/office building, application No. 09- DIR-00. 10413 Torre Avenue, (APN 369-49-008), applicant Dr. Khalil Saghezchi. The appeal was filed by Mr. Steven C. Lipp. Senior Planner, Vera Gil, reviewed the staff report and said that staff recommended upholding the Design Review Committee decision to uphold the decision of the Planning Commission to allow a minor modification to the building. Mr. Steven Lipp, the appellant, reported that he and the applicant had come to a mutual agreement and withdrew his appeal. This item was then tabled without further discussion. 21. Massage regulations: First reading of Ordinance No. 1875, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.06 of the Cupertino Municipal Code Regarding Regulation of Massage." Patricia Angelina, a certified massage therapist in Cupertino said that in addition to personal concerns, she was speaking on behalf of the American Massage Therapy Association and had brought letters of support from individuals members pertinent to her concerns. Her main concern was the mandate in the ordinance calling for therapists to keep their doors unlocked at all times while working. She was sympathetic to the desires of the City and the Sheriff's department to eradicate prostitution, but felt that keeping her doors unlocked would put her and her clients at great risk. Ms. Angelina mentioned that one possible solution to the problem of how to keep the sheriff's deputies safe, while still being able to make their prostitution busts, would be to install lock boxes on the outside of the building. March 19, 2001 Cupertino City Council Page $ Barbara Weber, a client of Ms. Angelina's, explained that she can only use the massage services during the evening hours and was concerned for her personal safety and the potential for robbery, if people knew that the doors were unlocked. She also encouraged the idea of using a lock box. Doug Weber, the husband of Barbara Weber and client of Ms. Angeiina's, shared his wife's concern about two women being alone in an unlocked building. He felt that lock boxes would be an easy and acceptable way to gain entry to a locked door, in the case of an emergency. Joe Byrne, husband of Patricia Angelina, also was concerned about the unlocked door issue. In his opinion, mandating an unlocked door policy would not deter prostitution because they already know they are in a risky and illegal business and would simply post a lookout at their door. He shared the previous speaker's concerns about the safety of the client and the therapist that it is a predictable situation and wanted to stop any attacks or robberies before they could occur. He felt the ordinance was a reasonably good one, except for the unlocked door issue, and would also support adding a lock box. Danny Ahnan, Deputy Sheriff, said that their main priority is officer safety. He knew of numerous situations where officers had to kick in locked doors to help out other officers in serious situations. He said they must weigh the interests of individual therapists with officer safety. Chang questioned another part of thc ordinance about corporate massage and what constitutes a recognized school of massage. CmTently, therapists cannot bring their tables in to corporations and are limited to upper body massages only, using a chair. Alman said that this prevents a potential prostitute situation and went on to say that 90% of the prostitutes in the county work out of massage establishments. Angelina felt that this restriction limited the scope of her practice and prevented her and other massage therapists from helping their clients with all of their therapeutic needs, such as sciatica. In regards to the schools of massage, she felt that thc ordinance wording might be too vague in talking about hours of training and the difference between each school. Alman clarified that thc new ordinance wording is more appropriate and anyone who attends classes and obtains a certificate is considered a professional massage therapist. Lowenthal liked the idea of a lock box and mentioned that he had brought up that idea before and it was not well received by law enforcement then either. He was concerned about officer safety but was torn because thc safety of the community is of first importance. He was in favor of the ordinance, with an amendment to reoiove the restriction on locking the doors. Chang agreed with Lowenthal, and felt the lock box idea should be looked at seriously. He suggested another meeting with the massage therapist community to work out some of the issues, .... and come back to Council in a month. James commended the vice squad for their work to address the problem. She was concerned that only one therapist and two clients showed up at the meeting to voice their opinions, even though March 19, 2001 Cupertino City Council Page 6 every therapist had been told about it. This seemed to indicate that there was not a lot of opposition to this issue. She acknowledged the fears of the therapists and their clients but felt that the ordinance was a good one. She said she didn't support the idea of a lock box as a good way to surprise a perpetrator and supported the ordinance as it was written. Lowenthal moved to approve the ordinance with the exception of the regulation on leaving the doors unlocked. Chsng seconded and the motion carried 2-1, with Mayor James voting no. Lowenthal and Chang suggested that law enforcement consider the lock box idea and bring it back to Council. The City Clerk read the title of the ordinance. Lowenthal moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 3-0, Burnett absent. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 22. Report from Fine Arts Commission regarding proposed art projects. City Clerk Kimberly Smith reviewed the staff report. The Council concurred with the proposed project list, but asked that the items be brought back for consideration during the 2001-2002 budget review. 23. Designate a council member to serve on the Cupertino-Toyokawa Sister City Committee. Council concurred to appoint Michael Chang to serve on the committee. 24. First reading of Ordinance No. 1876, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop Required At Certain Intersections; Felton Way at the Intersection of Kirwin Lane." The City Clerk read the title of the ordinance. Lowenthal moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 3-0, Burnett absent. ORDINANCES STAFF REPORTS 25. Report on Monta Vista Safe Routes to School Project. March 19, 2001 Cupertino City Council Page 7 Ralph Qualls, Director of Public Works, commented that thc City has awarded a contract to the consultant and is proceeding with the work, which is currently on schedule. Staff will keep Council apprised on the progress of the construction. City Council received the report. COUNCIL REPORTS Lowenthal said he enjoyed the event at DeAnza College honoring the two young women who prevented the bombing incident at the college. He also attended the memorial for a prior City Manager, Robert Quinlan. On behalf of Mayor James, Lowenthal attended the housing crisis meeting, chaired by Kathleen Connell. A bill was mentioned at that meeting, sponsored by Durra, giving protection to those who build and manage condominium developments and he asked staff to prepare some background for Council on that bill. Lowenthal said he attended Chamber Director Linda Aabury's going away party and commended her for her part in helping the community by integrating the City with the Chamber of Commerce. Chang talked about the Jade (~alore robbery and killing and how badly Cupertino community feels about the situation, especially since Cupertino is such a safe place to live. He attended a meeting with the mayor and the sheriff's depa[h~ent, which allowed people to share information and receive a status report on the incident. He commended the sheriff's department for putting a priority on the investigation of this case and their efforts to keep Cupertino a safe place to live. lames said she also attended the DeAnza College ceremony. She and Sheriff Smith made a public safety announce~-~ent taping at DeAnza College, which the City Channel will run, encouraging people in the community to be proactive about reporting potential emergencies. James represented the City at the Boys and Girls Club annual event and attended the Silicon Valley Energy Summit. She attended a meeting at the Forum to present a shortened version of thc State of the City address. James agreed that the sheriff's department handled the incident at Cupertino Village very well and mentioned that any additional press conferences will come from the sheriff's department. James mentioned that on March 31, the Chamber of Commerce will host the Citizen and Businesses of the Year Awards, at the new community room at the Senior Center. AIl are invited to attend. The citizen of the year this year is Wally Dean, a previous Mayor, the large business of the year is liP, the medium sized busincss of thc year is thc Outback Stcakhousc and the small busincss of the year is Tom Hall, CPA. James will co-chair the event and the guest speaker is $ohn Little, CEO of Portal Software. CLOSED SESSION - Nonc ADJOURNM~NT At 8:30 p.m. the meeting was adjourned. Kimberly Smith, City Clerk RESOLUTION NO. ol-o8o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 16, 2001 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the followin[~ claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, {hat the City Council hereby allows the following claims and demands in the amounts and from the funds as horeinaft~r set forth in Exhibit "A". CERTIFIED: PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of Cupertino this day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cup~tino 03/16/01 CITY OF CUPERTINO PAGE 1 · ~"OT~I'Y. NG PBRZOD~ 8/01 CHECK REGISTER - D~SBURS~I~NT F~TD SELSCTION CRITERIA: CransacC.Crans_dace be~veen "03/12/2001" and #03/16/2001" 1~ - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. V~IDOR ............. FU~D/DEPT ..... DESCRIPTIO~ ...... SAL~S TAX AMOUNT 1020 583464 03/13/01 508 P E K S - H~*.TaTH 110 MARCH 2001 HEALTH P~EM 0.00 44628.60 1020 583464 03/1]/01 508 P E K S - HEALTH 1104510 M~RCH 2001 HEALTH PREM 0.00 346.99 1020 583464 03/13/01 508 P E R S - HEALTH 1104510 MARCH2001 HBALTH PR. EM 0.00 23549.00 TOTAL CHECK 0.00 68524.59 1020 583485 03/18/01 4 & ? & T 1108501 TElePHONE FEB 2001 SSR 0.00 15.23 1020. 583465 03/16/01 4 A T & T 1108501 TELEPHONE FEB 2001 SBR 0.00 15.23 1020 583465 03/16/01 4 A T & T 1108501 TELSPHOL~ FEB 2001 SBR 0.00 40.95 1020 583465 03/16/01 4 A T & T 1108501 THL~PH(~E FBB 2001 SEB 0.00 15.23 1020 58]465 03/16/01 4 A T & T 1108501 TELEPHONE FEB 2001 SBR 0.00 15.20 TOTAL CHSCK 0.00 101.54 1020 503466 03/16/01 7 ABAG PT_d~ CORPORATION 1104540 JAVI~R CL~TM EXP/~PPRA 0.00 142,50 1020 5834'67 03/16/01 2099 ACCOZ,~2'~S IHC. 1104510 FEZCK N/E 3/04/01 0.00 102.00 1020 583468 03/16/01 28 AIRG~S 1108503 0.00 172.28 1020 583468 03/15/01 28 ~ZRGAS 1108501 0,00 172o28 1020 583468 03/16/01 28 ~.TKGAS 2708405 0.00 172.28 1020 583468 03/16/01 28 A~RGAS 1108303 0.00 172.28 1020 583468 03/16/01 28 ~ZRGAS 6308840 0.00 36.12 1020 583468 03/18/01 28 A~RGAS 1108314 0.00 172.28 TOT.~/, CI~CK 0.00 ~ ~ 1020 583469 03/16/01 )42001 A~,GARA~, l~M~I~iM 110 Gt~t,TSNDARCRZTHCTURAL K 0.00 780.00 1020 S83470 03/16/01 2276 ~ 1104510 t~U~'~-~ SBKV 1/08 & 1/22 0.00 143.00 1020 583470 03/16/01 2276 ALHAmbRA 1104510 ~ATER SERV THRU 1/31 0.00 142.10 TOTAL CHECK 0.00 284.10 1020 583471 03/16/01 57 ~M4ARK 1104510 SUPP~IB$ 0.00 262.76 1020 583472 03/18/01 2298 ARC~NZR,U~BS$ 5706450 PAGER SBKV 3/1-4/1 0o00 24.60 1020 583472 03/16/01 2298 AR(~ WIB~SS 1106400 PAGER SERV 3/1-4/1 0.00 36.56 1020 583472 03/16/01 2298 ARCRWZI~FT.~$ 1108201 PAGF,RSERV 3/1-4/1 0.00 21.65 1O20 583472 03/16/01 2296 ARCH#ZP~?-m~ 1108501 pAGER $ERV 3/1-4/1 0.00 799.90 1020 583472 03/16/01 2298 ARCH WIR~T,~-_~$ 1106265 PAGER SBRV 3/1-4/1 0.00 19.10 1020 583472 03/16/01 2298 ARCH WIP-R~R$S 8104800 PAGER SBKV 3/1-4/1 0.00 21.10 1020 583472 03/16/01 2298 ARCH WZIU~LESS 1107501 PAGER SERV 3/1-4/1 0.00 15.10 TOTAL CH~CK 0.00 938.01 1020 583473 03/16/01 61 ARTISTIC PLANT CREATIONS 1108504 pLANT CARE MARCH 2001 0.00 51.00 1020 583473 03/15/01 51 ARTZSTIC PLANT C~EATIONS 1108503 PLANT CARS MARCH 2001 0.00 55.00 1020 583473 03/16/01 61 ARTISTIC PLANT CREATIONS 1108501 PId~NT CARS MARCH 2001 0.00 214.00 TOTAL CHECK 0.00 360.00 1020 583474 03/18/01 M2001 BAGLIRRE, SARA 110 Ut, HJSBDARCRITH~K 0.00 560.00 1020 S83475 03/16/01 1475 BZT-'r-'S TRR~ CARE,AND LAN 1108312 TREE CAR~ HYDE SCHOOL 0.00 2850.00 1020 583475 03/16/01 1475 BZLLoB T/~ CARE AND LAN 1108312 TREB CARE MCC~ RA 0.00 215~ '~ TOTAL CHECK 0.00 50~ KUN DATH 03/15/01 TI~ 15:46:16 - FINANCIAL ACCC)~I~C~ 03/15/01 CZI'Y OF CUPBR?ZNO P~Gl; 2 ~"CO;~'I'ZNG p~RI'OD; 9/01 CHic]( P.~GZSTER - DZSB~I~S~ZI'I' ~ · ~,~.ECTI'ON CRZ'Z'ERZA~ ~.z"arma, ct-.l:~m',.._"l=~e bet',,,'een ~03/12/2001· and ~03/16/2001~ FUND - 110 - G~N~,AZ. ~ C,q, SH ACCT rgl~CK NO ZSSUB I)T .............. ~ ............. FT]~D/D~PT ..... D~SCRZPTZ(~i' ...... SAZ~S T~M( ~40U~T 1020 583476 03/16/01 t42001 BOT.T,ZNG~t 5806448 ZNSURANC~ 2001 SOL:'TBA.b 0.00 200.00 1020 583477 03/16/01 822 C.T.S. 6308840 TZ~/SUpPI,ZES 0.00 172.70 1020 583478 03/16/01 132 CAZdZFC)RI~XA HA'I~R SBRVZC~ 1108508 HA'L'BR SBRV ~ 2002 0.00 X3.4X 1020 583478 03/ZG/0Z ~32 ~Z~ZA ~ S~VZ~ 1108314 ~1'~ S~V ~ 200~ 0.00 73.49 1020 583478 03/16/01 132 ~Z~ gA~ S~RVZ~ ~108407 ~ S~V ~ 200~ 0.00 1~40.48 1020 583478 03/16/01 132 ~Z~A HA~ S~VZ~ 1208407 G~ S~V ~ 2001 0.00 18.37 1020 583478 03/16/0~ ~32 ~Z~ZA ~ S~VZ~ 11083~4 KA~ S~V ~ 200Z 0.00 53.63 1020 S83479 03/16/01 ~00Z ~ & ~r~ ~-B~ 110 ~ ~Z~ ~3846 0.00 640.00 1020 583480 03/16/01 1460 ~Z ~ZRO 6104800 ~ ~ F~/~ 20 0.00 3705.00 ~020 583481 03/~6/0~ 148 ~H ~108502 P~TS/~PP~ZSS 0.00 2.4; 1020 58348~ 03/~6/0Z 148 ~H 1~08201 OF~Z~ S~Z~ 0.00 -29.61 1020 58348~ 03/Z6/01 148 ~ 1~08303 ~P~ 0.0O 11.85 Z020 583482 03/16/01 148 ~ 1107503 P~TS/~ZBS 0.00 24.95 L020 583481 03/16/01 148 ~ ~108312 ~OP~ O.00 32.24 ~020 583481 03/16/02 ~48 ~H 1108505 P~/~P~ZBS 0.O0 6.47 ~ S83481 03/~6/0Z 148 ~ 2~08404 ~S O.00 52.00 58348Z 03/16/01 148 ~ 6308840 ~P~ 0.00 ~7.19 1020 583482 03/~6/01 ~QOZ ~ZC ~r~Z~ 110 ~ DS~ZT ~1028 0.00 148.71 ZO20 583483 03/16/0~ 1057 ~ZD~ ~Z~S S~VZC 110 *~ DBP 0.00 173.09 1020 583483 03/16/01 1057 ~ZDZ~ ~ZTS S~VZC 110 *~ ~ 0.0D 281.51 ~ ~CK 0.00 454,60 1020 583484 03/16/01 1156 ~ 110 1020 583485 03/16/01 ~001 ~ KZT 2150000 S~ D~ZN ~E R~0970 0.00 524.00 1020 583486 03/16/01 ~001 ~ ~Z~ ~S 11010?0 ~S~ZP P~.~,~ 0.00 25,00 1020 583487 03/16/01 ~001 ~ ~ 110 ~ DB~ZT R~1832 0.00 137.49 1020 583488 03/16/01 ~001 CZR~IT CZ~ 1102401 VZDSO ~ 0.00 354,21 1020 583489 03/16/01 1333 ~ ~0~ S~Z~S 1106~00 ~V, ~,~/D.~ 0,00 990,00 1020 583490 03/16/01 1407 ~ ~ TZ~ 6~08840 ~ 2000-2001 0~ ~C 0,00 137,10 1020 583491 03/16/01 ~001 ~T~ ~l~ 110 D~P, ~ ~ 0,00 1396,96 1020 583492 03/16/01 1994 DI~Z~ ~ ~ 110 ~ ~P~ ~ 566-39-8 0.00 23,08 ~ 583493 03/16/01 240 ~ ~ 8~ZS 1101070 S~ 2/12 & 2/26/2001 0,00 850,00 · .. RI~I DNi~ 03/15/01 "1'Z!4~ 15:46:17 03/15/01 CTTy OF CUPERTINO PAGg ~ SE~I~ ~ZT~IA: tr~sact.tr~e_~te ~t~en "03/12/2001" ~d "03/16/2001' " ' 1020 583494 03/16/01 1473 ~l~ EOUZ~ ~ 6308840 S~ZES 0.00 12.66 ~020 5834'95 03/16/01 242 ~P~ D~L ~ 110 SZT 0.00 14669.42 1020 583496 03/16/01 243 ~ D~ 110 SDZ 0.00 905.22 1020 583497 03/16/01 234 ~l~l~ ~TA S~VX~ 1101070 ~ ~X~S ~P~ 0.00 181.96 1020 583497 03/16/01 234 ~Z~Z~ ~TA S~VZ~ 110 ~ ~Z~S 0.00 305.56 ~ ~ 0.00 487.52 1020 5834~8 03/16/01 251 ~S ~ V~T.T.Uy 8~Y 1108315 ~ B~ ~ P 0.00 250.00 1020 583498 03/16/01 251 ~S ~ST VAT.T.~ S~Y 1108302 ~ BE~ ~ 0.00 300.00 1020 583498 03/16/01 251 ~S ~T V~Y SP~Y 1108303 ~ B~ ~B ~ 0.00 500.00 1020 583498 03/16/0Z 251 ~S ~T VAT.T.W S~Y 1108315 ~K BB~ ~ 30 O 0,00 500.00 1020 583498 03/Z6/01 251 ~S ~ V~T~y SP~Y 1108314 ~K B~ ~Z~ P 0.00 500.00 ~ ~ 0.00 2050.00 1020 583499 03/16/01 ~001 FEZT, ~ & ~ 110 ~ ~X~ DPST ~399 0.00 200.00 1020 583500 03/16/01 ~001 ~ZC DZVZ~ ~SOCZA~ 110 ~S~ ~ ~l~ ~ 0.00 400.00 1020 583502 03/16/01 ~001 ~, ~ 110 ~ ~ ~XCE ~ 0.00 125'.91 1020 ~83502 03/16/01 ~001 ~G, ~A~ 110 ~ ~ DE~SZT ~ 0.00 10,00 1020 583503 03/16/01 301 ~ ~.~XC ~ ZNC 1108505 ~PLX~ 0.00 19.46 1020 583503 03/16/01 301 ~ E~IC ~ ZHC 1108505 $~ZES 0.00 24.80 1020 583503 03/16/01 301 ~ ~ZC ~ X~ 1108505 ~PLX~ 0.00 12.84 ~ ~CK 0.00 57.10 1020 583504 03/16/01 1364 ~XFFZN PAI~X~ ZNC 1108504 ~UX~ ~*r~ ~ 0.00 1541.00 1020 58350~ 03/16/01 2280 ~L ~ZFFZH 4249218 S~ZBS ~ OP~X~ 0.00 26.95 1020 583505 03/16/01 2280 ~XL ~ZFFXN 4249218 ~Z~ ~ OP~X~ 0.00 116.00 1020 583505 03/16/01 2280 ~XL ~ZFFZN 4249218 ~R ~ G.OP~ 0.00 2146.50 ~ ~CK 0.00 2289.45 1020 583506 03/16/01 1086 ~Z~ ~Z~RR 1106500 ~RVZ~ ~ ~R 0.00 1280.00 1020 583506 03/16/01 1086 ~Z~ ~1~ 1106500 S~VZ~ ~ ~R 0.00 960.00 ~ ~ 0.00 2240.00 1020 583507 03/16/01 1544 ~ P~ 6104800 6 HP ~ ~00 0.00 10831.68 1020 583508 03/16/01 2064 ~ G ~FF ~. 1104400 S~VZ~ ~ ~ 0.00 49.50 1020 583509 03/16/01 3~4 ~ DB~/GE~ 110B601 ~ 0.00 65.~6 1020 583509 03/16/01 334 ~ ~/~ 5606620 ~Z~ 0.00 11V ~ 1020 583509 03/16/01 3~4 ~ ~/GE~ 110750~ ~ 0.00 RUN D~TE 03/15/01 "~ZME 15:46:17 - FINR/~CL~L ACCOU~iTZNG 03/15/01 CZ/"'~ OF C"d'F~RTZ~O P,~ 4 ~ - 110 - G~ ~ 1020 583509 03/16/01 334 ~ DB~/GE~ 1107503 ~RZ~ 0.00 100.17 1020 583509 03/16/01 334 ~ DE~/~ 1108303 ~*z*~Z~ 0.00 38.70 1020 583509 03/16/01 334 H~ D~/GE~ 1107503 ~z~ 0.00 37.34 1020 583509 03/16/01 334 ~ ~/~ 1108505 ~'**~Z~ 0.00 7.60 1020 583509 03/16/01 334 H~ DE~/G~ 110840~ ~Z~ 0.00 480.88 1020 583509 03/16/01 334 ~ DB~/~ 4249218 ~-A*~Z~ 0.00 12.72 1020 583509 03/16/01 334 H~ DE~ 5606620 1020 583509 03/16/01 334 ~ DE~fGE~ 5606620 ~Z~ 0.00 258.52 1020 S8350~ 03/16/01 334 H~ DE~;~ 1108506 ~-*-~Z~ 0.oo 14.2o ~ ~ 0.00 1360.08 ~ ~CK 0.00 410,34 1020 583515 03/16/01 1755 C~ ~TZ~ 1108501 ~.T. ~ ~ 1/2 0.00 S7,67 1020 583516 03/16/01 431 MC ~R~t~ OFFZ~ ~ 4249218 ~ P~ 0.00 25.90 1020 583516 03/16/01 431 ~'*~'S O~Z~ ~OD 1104300 ~T~ (2) 0.00 21.60 1020 583517 03/16/01 437 ~O~SP~ 1104300 ~ 2000-2001 OP~ ~C 0.00 37.50 1020 583517 03/16/01 437 ~A~ ~SP~ 1104300 ~ 2000-2001 OP~ ~C 0.00 25.00 1020 583517 03/16/01 437 ~A~$p~ 1104300 ~2000-2001 O~ ~C 0.00 50.00 ~ ~CK 0.00 112.S0 1020 583518 03/16/01 443 H~Y.~$~ ~Z~ ZN 110850~ TZ~/~T~ 0.00 342.95 1020 583519 03/16/01 1023 ~~Z 1107502 P~ 7/5-12/14/ 0.00 51828.20 1020 583520 03/16/01 2281 ~, ~Y & ~V~8,~ 2507304 S~ 12/1-12/31/2001 0.00 2613.31 1020 583521 03/16/01 302 ~TZ~ DE~ ~ 110 *~T'L DBF 0.00 16551.88 1020 583522 03/16/01 2147 ~T~ Z~TZ~T 1104300 ZZP ~B DZR. CZ~ 0.00 48.~0 DATE 03/15/01 'I'ZI~ 15:4G:18 - 03/15/01 CI"I~ OF CUPSRTZZ(O PAGE 5 ~"COON'I'X~IG PERIOD: 9/01 ~ R~ZS~ = DZSB~ S~Z~ ~Z~: c~c~.~a~_~e ~ween ~03/12/2001' ~ ~03/16/2001~ ~ - 110 - ~ ~ 1020 583523 03/16/0Z 2147 NATZO~ ZNFO~TZ~ ~T 1107501 Z~P ~DE DZR. BUZ~Z~ 0.00 48.90 1020 583524 03/16/01 ~001 ~ ~ ~HS 1107200 S~ ~ ~ ~ ~ O.O0 ?9.00 1020 5~3525 03/16/01 ~001 ~O~Z, ~ 110 ~ ~Z~ ~ 0.00 545,56 1020 583526 03/16/01 192 ~ ~ATZ~ ~ 1104510 ~ ~YE~ P~SZ~ 0.00 90.00 1020 583526 03/16/01 192 NOVA~ OC~PATI~ ~ 1104510 ~N ~E P~SZ~ 0.00 75.00 ~ ~ 0.00 165.00 1020 583527 03/16/01 494 OFFZ~ DR~ ~ZT ~ 1101500 ~PLZ~ 0.00 -96,79 1020 583527 03/16/01 494 O~I~ DE~ ~Z~ ~ 1101500 S~Z~ 0.00 75.48 1020 583527 03/16/01 494 O~I~DS~ ~IT ~ 1101500 ~P~IES 0.00 59.3~ ~ ~CK 0.00 38.02 1020 583528 03/16/01 501 O~TI~ ~I~ ~3 110 ~I~ ~S 0.00 540.15 1020 583529 03/16/01 981 OR~ ~PLY ~ 1108315 S~Z~S 0.00 48.59 1020 583529 03/16/01 981 ~ ~PLY ~ 1108303 ~P~IES 0.00 42.47 1020 583529 03/16/01 981 OR~ S~Y ~ 1108303 SUPPLIES 0.00 83.T4 1020 583529 03/16/01 981 OR~ ~PLY ~ 2708404 S~PLZ~ 0.00 1020 583529 03/16/01 981 OR~ ~P~Y ~ 1108303 ~ZES 0.00 17.78 1020 583529 03/16/01 981 OR~ S~P~Y ~ 1108312 ~PP~Z~S 0,00 4 1020 583529 03/16/0Z 981 OR~ S~Y ~ 1108321 1020 583529 03/16/01 981 OR~ ~P~Y ~ 1108315 S~P~Z~ 0.00 11.85 1020 58~529 03/16/01 981 ~ ~P~Y ~ 1108409 S~P~Z~ 0.00 32.30 1020 58~529 03/16/01 981 OR~ ~P~Y ~ 1108303 ~Z~ 0.00 48.q0 1020 583529 03/16/01 981 OR~ S~P~Y ~ 1108303 ~PP~I~ 0.00 64.79 1020 583529 03/16/01 981 OR~ S~P~Z ~B 1108303 S~P~S 0.00 7.30 1020 583529 03/16/01 981 OR~ ~PP~Y ~ 2~06404 S~P~Z~ 0.00 160.88 1020 583529 03/16/01 981 OR~ ~Y ~ 1108303 S~ISS 0.00 8.07 1020 583529 0~/16/01 981 OR~ S~Y ~ 2708404 ~P~Z~S 0.00 21,58 1020 583529 03/16/01 981 ~ ~Y ~ 1108303 ~P~ZSS 0.00 15.11 1020 583529 03/16/01 981 OR~ ~PP~Y ~ 1107503 S~P~ZES 0.00 40.7~ 1020 583529 03/16/01 981 OR~ S~P~Y ~ 2708404 ~ZES 0.00 3.76 1020 583529 03/16/01 981 OR~ ~Y ~ 2708404 ~IES 0.00 14.02 1020 583529 03/16/01 981 ~ ~Y ~ 1108303 ~ZS 0.00 3.65 ~ ~CK 0.00 1218.06 1020 S83530 03/16/01 507 ~ ~ D~:~ 1108602 TZ~/~Z~ 0.00 1185.00 1020 583530 03/16/01 50~ ~ O~ ~:~ 1108314 TZ~/~Z~ 0.00 ]684.00 1020 583530 03/16/01 507 ~ OS~ ~:~0~ 1108602 TZ~/~Z~ 0.00 2265.00 1020 583530 03/16/01 507 ~ ~ D~:OS~ 1108]03 TZ~/~Z~ 0.00 343.12 1020 583531 03/16/01 833 P · R 8 110 *~ B~ 0.00 393.98 1020 583531 03/16/01 833 ~ ; R S 110 1020 S83531 03/16/01 ~33 ~ · ~ S 110 ~ 1959 0.00 110.67 1020 583531 03/16/01 833 ~ g R ~ 110 =9~ ~ 0.00 5~.3~ 1020 583531 03/16/01 833 ~ ~ R 8 110 1020 583531 03/16/01 833 ·; ~ S 110 R;,~ DA'I~ 03/15/01 TZHE 15:46:19 ~I~ ~I~: ~f~acg.tr~_~ge between "03/~2/2001' and "03/1G/2001- ~ ~ 0.00 23682.23 1020 583514 03/16/01 511 P~ZFZC B~ 1107301 ~.~ S~V ~ 200 0.00 324.16 1020 583534 03/16/01 511 P~IFZC~ 1107~02 ~P~ S~V F~ 200 0.00 72.04 1020 583534 03/16/01 511 P~ZFZC B~ 1107501 ~ S~V F~ 200 0.00 468.23 1020 583534 03/16/01 511 P~ZFZC ~ 1108407 ~ S~V F~ 200 0.00 1~.68 1020 583534 . 03/16/01 511 PACIFIC B~ 1107502 ~T.~S~V ~B 200 0,00 36.02 1020 58~534 03/16/01 51Z P~IFZC BB~ 1108~06 ~ S~V ~ 200 0.00 82.01 1020 583534 03/16/01 511 PACIFIC B~ 1107503 TZ~P~ SERV F~ 200 0.00 144.07 1020 5~3534 03/16/01 511 PACIFIC ~ 1108001 ~ S~V ~ 200 0.00 18O.09 1020 583534 03/16/01 511 P~ZFZC~ 110~101 ~ S~V~ 20O 0.00 33J.55 1020 583534 03/16/01 511 PP~ZFZC B~ 1108102 ~L~ S~V~ 200 0.00 36.02 1020 583534 03/16/01 511 P~ZFIC ~ 1106265 ~ S~V F~*200 0.00 108.95 1020 583534 03/16/01 511 P~ZFZC BE~ 1108501 ~ S~V F~ 200 0.OD 914.61 1020 583534 03/16/01 511 P~IFIC B~ 110~503 ~ S~V ~ 200 0.00 99~.35 1020 583534 03/16/01 511 P~ZFZC ~ 1108507 ~ S~V F~ 200 0.00 123.8~ 1020 583534 03/16/01 511 P~ZFIC B~ 5606620 ~ S~V ~ 200 0.00 360.1~ 1020 583534 03/16/01 511 P~ZFZC ~ 5706450 ~0~ S~V F~ 200 0.00 432.22 1020 583534 03/16/01 511 P~ZFIC ~. 1108601 ~ S~V~B 200 0.00 108.05 1020 5~3534 03/16/01 511 P~ZFZC BE~ 1108602 ~ S~V ~ 200 0.00 144.07 1020 583534 03/16/01 511 PACIFIC B~ 5208003 ~ S~V FEB 200 0.00 36.02 1020 583534 03/16/01 511 P~ZFZC ~ 2308004 ~0~ S~ ~ 200 0,00 36.02 10~ 583534 03/16/01 511 PACIFIC BE~ 1106265 ~ S~V F~ 200 0.00 108.05 ~ 583534 03/16/01 511 P~ZFIC B~ 1108201 ~ S~V FEB 200 0.00 412.6Z 1~ 583534 03/16/01 511 P~ZFZC ~ 6104800 ~ S~V ~ 200 0.00 684.34 1020 583534 03/16/01 511 PACIFIC B~ 5606620 ~ S~V ~ 200 0.00 338.81 1020 583534 03/16/01 511 P~ZFZC ~ 5606640 ~ SERV ~ 200 0.00 191.14 1020 583534 03/16/01 511 PACIFIC BB~ 5708510 ~ S~V FEB 200 0.00 288.14 1020 583534 03/16/01 511 P~IFIC B~ 1106265 ~ S~V ~ 200 0.00 252.13 1020 583534 03/16/01 511 P~IFZC B~ 1107301 ~ S~V ~ 200 0.00 72.04 1020 583534 03/16/01 511 P~ZF/C B~ 1108504 ~ S~V ~ 200 0.00 144.07 1020 583534 03/16/01 511 P~ZFIC~ 1108511 ~ S~V ~ 200 0.00 72.04 1020 583534 03/16/01 511 PACIFIC ~ 1106647 ~ S~V F~ 200 0.00 324.16 1020 583534 03/16/01 511 P~IFIC ~ 110~508 ~ S~ ~ 200 0.00 57.6~ 1020 583534 03/16/01 511 P~ZFZC BE~ 1108509 ~ ~RV F~ 200 0.00 51.85 1020 583534 03/16/01 511 P~ZFZC B~ 1108504 ~ S~V ~ 200 0,00 33.44 1020 583534 03/16/01 511 P~IFZC ~ 1101200 ~ S~V r~ 200 0.00 108,05 1020 582534 03/16/01 511 PACIFIC B~ 1101000 ~ S~V ~ 200 0.00 216.11 1020 5~3534 03/16/01 511 P~IFZC ~ 1102100 ~ ~V ~ 200 0.00 1B0.0J 1020 583534 03/16/01 511 PACIFIC B~ 1101500 ~ S~V ~'200 0.00 396.20 1020 583534 03/16/01 511 PACZFZC~ 1104300 ~ S~V ~ 200 0.00 318.~2 1020 583534 03/16/01 511 PACIFIC ~ 1103300 ~ S~V ~ 200 0.00 1020 583534 03/16/01 511 PACIFIC ~ 1103500 ~ S~V ~ 200 0.00 108.05 1020 583534 0~/16/01 511 PACIFIC B~ 1104000 ~ S~V ~ 200 0,00 10~.05 1020 583534 03/16/01 511 P~ZFIC ~ 1106100 ~ S~V FEB 200 0.00 216,11 1020 583534 03/15/01 511 P~IFIC B~ 1104200 ~ S~V ~ 200 0.00 108.05 1020 5~3534 03/16/01 511 P~ZFZC ~ 1104510 ~ S~V ~ 200 0,00 216.11 1020 58J5~4 03/16/01 511 P~ZFZC ~ 1106647 ~-~ S~V F~ 200 0.00 36.02 1020 583534 03/16/01 511 P~ZFZC ~ 1104530 ~ S~V ~ 200 0.00 252.1~ 1020 583534 03/16/01 511 P~ZFZC~ 1104400 ~~V ~ 200 0.00 108.05 10~- 583534 03/16/01 511 P~IFIC B~ 1106100 ~ S~V ~ 200 0.00 108.05 03/15/01 TI~ 15:45~20 - FI~CI~ ~CO~ 03/15/01 CIT~ OF CUPERTINO P~ 7 ACCOUNTING PER. IOD: 9/01 C~ECK REGISTER - DISBURSI~4ENT ~ SELECTION (~tITERIA: ~ransact.tran~...da~e between '03/12/2001" and ~03/16/2001" FU~D - 110 - GENERAL ~ CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMO~NT 1020 583534 03/16/01 511 PACIFIC B~LL 1106285 T2?.;~HONE $~RV FEB 200 0.00 576.29 1020 583534 03/16/01 511 PACIFIC ~.~ 1106529 TELEPHON~ S~RV FEE 200 0.00 36.02 1020 583534 03/16/01 511 PACIFIC BEI.L 1106500 TELEPHOtqE SERV FEB 200 0.00 432.22 1020 583534 03/16/01 511 PACIFIC BELL 1107200 TELEPHONE SSRV PHB 200 0.00 108.05 TOTAL CH~CK 0.00 11696.33 1020 583535 03/16/01 513 PACIFIC GAS & ELECTRIC ( 1108407 ELECTRIC 2/1-3/5 0.00 336.74 1020 583535 03/16/01 513 PACIFIC GAS & ~LECTRIC ( 1108602 ELECTRIC 2/1-3/5 0.00 106.56 TOTAL CHECK 0.00 443.30 1020 583536 03/16/01 N2001 P~CIFIC RIM FINANCIAL CO 110 ~JSNO l,~ I~ICB RE 0.00 1241.74 1020 583537 03/16/01 515 PACIFIC NEST SEC~RIT~ IN 1108503 SSRV CA~ 2/22/01 0.00 110.00 1020 583537 03/16/01 516 PACIFIC H~ST SECURII~Z ZN 1108504 ESRV CA~ 2/22 0.0D 218.64 TO~AL (~-I~CK 0.00 328.64 1020 583538 03/16/01 H2001 PATERSON, I~ 110 GSOIAX;ZC RBPT DPST #52 0.00 712.00 1020 583539 03/16/01 526 PBNINSU~ BLUEPRINT 110 /MPROV~ PId~S R876 0.00 86.39 1020 583540 03/16/01 H2001 PERES, H~XZNO 110 ~JSSD~PP~/C~TIONR~F 0.00 506.00 1020 583541 03/16/01 533 P~RS lONG T~,RM C~ PHOG 110 PSRS LTC 0.00 ~ I 1020 583542 03/16/01 2105 OUII~ PUBLISHING 1107501 SUBSCKIPT-ZO~ING BU~ 0.00 99.00 1020 583543 03/16/01 581 RBLIRELE 1107501 SUPI~ES 0.00 145.07 1020 583543 03/16/01 581 RELIABLE 1107301 SUPPLIES 0.00 16.02 1020 583543 03/16/01 581 RELIABI~ 1107301 SUPPLIES 0.00 53.79 1020 583543 03/16/01 581 RSLZRBLE 1107501 SUPPLIES 0.00 16.02 1020 583543 03/16/01 581 R~LIABLE 1104310 SUPPLIES 0.00 145.87 TO~AL CHECK 0.00 377.57 1020 583544 03/16/01 1071 REP~ZCEL~CTRIC 2709438 PUBLIC WORKS C~CT 0.00 8220.64 1020 583544 03/16/01 1071 REPUBLIC ELECTRIC 2709412 PUBLIC NORKS CONTRACT 0.00 8602.76 1020 503544 03/16/01.1071 REPUBLIC ELECTRIC 1108602 H~TERI~J~S 0.00 193.95 TOTAL CHECK 0.00 17217.55 1020 583546 03/16/01 ~2001 EODRI~UBZo A~SO 110 ~I~S~DARCHIT~CTURA~R 0.00 150.36 1020 583546 03/16/01 800 ROTO-ROOT~RS~t~ERSERVIC 1108401 FY 2000-2001 OP~ PURC 0.00 540.00 1020 583546 03/16/01 600 ROT0-ROO~ S~tlSR SS~VIC 5708510 TIM~/~TSRI~,S 0.00 99.00 TOT~Ja CHECK 0.00 639.00 1020 583547 03/16/01 602 ROYAL CO~CH TO~ 5506549 PREBLE B~ FEB 01,20 0.00 746.72 1020 583548 03/16/01 2043 RUDB'S PEST I~ 1108321 TI~/H~I'~ZA~ 0.00 230.00 1020 503648 03/16/01 2043 RU/)E~S PEST I~ 1108503 TIH~/M~Z~3~S 0.00 125,00 1020 583548 03/16/01 2043 RODEOS PEST ~4~ 1108314 NATSRI~LS 0.00 115.00 1020 583548 03/16/01 2043 RUDE'S PEST ~ 1108506 TZ~/~T~RZAI,S 0.00 23~ '" TOTAL C~CK 0.00 7~ RU~ I~I~ 03/15/01 TZH~ 15:46:20 - FTI~CI~J~ ~-%-'~INO 03/15/01 CITY OF CUPER?I'ZO P~- 8 ~Z~ ~Z~ZA: tr~act.tr~_~e ~C~en "03/12/200~" ~ "03/16/200~' ~ - 110 - O~ ~ 1020 583549 03/1;;/01 M2001 SAN u'OSE GT.AHT8 1104001 P. ARE PACKKR 8/01/2001 0.00 2000.00 1020 583554 03/16/01 625 SAN ~OS~ ~A-z-~ ~ 1108315 HA-~ SERVZ~ 1/31-3/2 0.00 96.33 1020 583554 03/16/01 625 ~ ~E ~'~ ~ 1108407 ~ S~VZ~ 1/31-3/2 0.00 163.75 1020 583554 03/16/01 625 ~ O~E ~'~'~ ~ 1108407 HA~ 8~VZ~ 1/03-3/0 0.0O 122.83 1020 583554 03/16/01 625 ~ ~ HA~ ~ 1108315 ~ 8~ 1/31-3/2 0.00 132.98 1020 583554 03/16/01 625 ~ ~ ~ ~ 1108321 HA~ S~I~ 1/31-3/2 0.00 131.51 1020 583554 03/16/01 625 ~ ~g ~ ~P~ 1108315 ~A'~ S~VZ~ 1/31-3/2 0.00 30.42 1020 583554 03/16/01 625 ~ ~ ~ ~ 1108314 HA*~ S~VZ~ 1/31o3/2 0.00 141.77 1020 583554 03/16/01 625 ~ ~OSE ~ ~ 1108314 WA~ S~VZ~ 1/31-3/2 0.00 109.79 1020 583554 03/16/01 625 ~ ~SE ~ ~ 1108407 ~'~'~ SERVZ~ 1/31-3/2 0.00 30.50 1020 583554 03/16/01 625 ~ ~ ~A'~-~ ~ 1108321 MA~ S~VI~ 1/31-3/2 0.00 30.42 1020 583554 03/16/01 625 ~ ~ ~'~'~ ~ 1108321 ~'A'~ ~VZ~ 1/31-3/2 0.00 30.42 1020 583554 03/16/01 625 ~ ~E HA*~-~ ~ 1108315 WA~ S~VZ~ 1/31-3/2 0.00 45.59 1020 583554 03/16/01 625 ~ ~E ~R ~ 110~315 ~'~ S~VZ~ 1/31-3/2 0.00 364.56 1020 583554 03/16/01 625 ~ ~SE ~'~ ~P~ 1108407 ~ S~VZ~ 1/31-3/2 0.00 174.01 1020 583554 03/16/01 625 ~ ~E HA~ ~ 1108312 ~ S~VZ~ 1/31-3/2 0.00 42.06 1020 583554 03/16/01 625 ~ O~E ~ ~ 1108407 ~'~ SERVZ~ 1/31-3/2 0.00 68.51 1020 583554 03/16/01 625 ~ ~ NA*A-~ ~P~ 570~510 ~ SERVZ~ 1/31-3/2 0.00 54.78 1020 583554 03/16/01 625 ~ ~E HAiR ~ 110840~ ~A~ S~VZ~ 1/31-3/2 0.00 101.27 1020 583554 03/16/01 625 ~ ~ ~'*'~ ~ 1108408 ~'~*~ 8~VZ~ 1/31-3/2 0.00 25.00 1~ 583554 03/16/01 625 ~ ~ ~ ~ 1108504 ~'~ S~VI~ 1/31-3/2 0.O0 ~5.14 I 583554 03/16/01 625 ~ ~ ~3~ ~ 1108504 HAA'~ 8~VZ~ 1/31-3/2 0.00 92.37 10,. 583554 03/16/01 625 S~ ;~E HA~ ~ 1108303 ~ S~VI~ 1/31-3/2 0.00 251.37 1020 583554 03/16/01 625 ~ ~B ~T~ ~ 1108303 HA'~ B~VZ~ 1/31-3/2 0.00 319.60 1020 583554 03/16/01 625 ~ ~B ~'~ ~ 1108407 ~'~ S~VZ~ 1/31-3/2 0.00 19.73 1020 583554 03/16/01 625 ~ ~E ~ ~ 1108407 HA'~ S~VZ~ 1/31-3/2 0.00 60.8E 1020 S83554 03/16/01 625 ~ 3~E ~-~-~ ~ 5606640 ~ S~VZ~ 1/31-3/2 0.00 157.00 1020 583554 03/16/01 625 ~ ~E ~ ~ 1108504 ~ 8~VZ~ 1/31-3/2 0.00 9.00 1020 583554 03/16/01 625 ~ ~ ~-~'~ ~ 5606620 ~*~ S~VZ~ 1/31-3/2 0.00 31.95 1020 583554 03/16/01 625 ~ ~ ~ ~ 5606620 ~'*'~ ~1~ 1/31-3/2 0.00 30.S0 1020 58355*4 03/16/01 625 ~ O~g ~ ~ 1108312 ~A~ 8~VZ~ 1/31-3/2 0.00 72.13 1020 583554 03/16/01 625 ~ ~ ~ ~ 1108312 ~ ~VZ~ 1/31-3/2 0.00 125.91 1020 583554 03/16/01 625 ~ 3~B ~ ~ 1108407 ~'~'~ 8~ 1/04-3/0 0.00 106.70 1020 583554 03/16/01 625 ~ ~E RA~ ~ 110840V HA-A-~ ~VZ~ 1/03-3/0 0.00 158.00 1020 583554 03/16/01 625 ~ ~E ~ ~ 1108407 ~ S~VZ~ 1/03-3/0 0.00 35.61 1020 583554 03/16/01 625 ~ ~R ~ ~ 11O8321 HA-~-~ ~VZ~ 1/03-3/0 0.00 219.56 1020 583554 03/16/01 625 ~ 0~ ~ ~ 1108407 ~*~'~ 8~V~ 1/04-3/0 0.00 32.68 1020 583554 03/16/01 625 ~ ~B RA~ ~ 1108312 ~-~-~ 8~VZ~ 1/05-3/0 0.00 241.54 1020 583554 03/16/01 625 ~ O~E ~ ~ 1108314 ~'*'~ 8~VZ~ 1/04-3/0 0.00 16.07 1020 583554 03/16/01 625 ~ ~ ~A'z'~ ~ 1108407 ~-~-~ S~ 1/05-3/0 0.00 99.37 1020 583554 03/16/01 625 ~ ~ ~ ~ 1108407 ~ ~VZ~ 1/05-3/0 0.00 233.48 1020 583554 03/16/01 625 ~ ~ HA~ ~ 1108407 ~ ~ 1/31-3/~ 0.00 15.39 10~0 583554 03/16/01 625 ~ ~E ~ ~ 1108407 HA'A-~ S~VZ~ 1/31-3/2 0.00 7.20 10~0 583554 03/16/01 625 ~ ;~B MA-~-~ ~ 1108407 ~ ~VZ~ 1/31-3/2 0.00 31.77 1020 583554 03/16/01 625 ~ ~ ~T~ ~ 4209110 ~'*'~ S~VZ~ 1/31-3/2 0.00 78.00 1020 583554 03/16/01 625 ~ ~E HA~ ~ 5708510 ~'~ ~ 1/31-3/2 0.00 68.23 1020 583554 03/16/01 625 ~ ~B ~ ~ 1108407 ~'~'~ S~VZ~ 1/04-3/0 0.00 25.35 1020 583554 03/16/01 625 ~ ~ ~ ~ 1108407 ~ S~VZ~ 1/04-3/0 0.00 3~.07 10~' 583554 03/16/01 625 ~ ~ HA~ ~ 1108407 ~'A'~ 6~VI~ 1/31-3/~ 0.00 21.1~ ROH DATE 03/15/01 'TT~ 15:46:21 03/15/01 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 5/01 CHECK REGISTER - DISSURSEN~NT 1~ SEI,ECTZOH CRITERIA: ~ransac~.t=ans_date between "03/12/2001" and "03/18/2001~ FLUID - 110 - OEl~ 1~ CASH ACCT CH~CK NO ISSUE DT .............. V~IDOR ............. FUND/DSPT ..... DSSC~IPTI(~ ...... SATES T~X 1020 583554 03/16/01 625 S~ JOSE WATER CONPANY 1108407 NATES SERVIC~ 1/31-3/2 0.00 105.67 1020 583554 03/16/01 625 SAN JOSE W~-~-~ C0~4PANY 1108407 NAT~R SERVIOS 1/31-3/2 0.00 53.34 1020 583554 03/16/01 625 SAN JOSE HATER CGNPANY 1108407 HATE; SERVICE 1/31-3/2 0.00 30.50 1020 583554 03/16/01 625 SAN JOSE WATER CONPANY 1108407 NATES SERVICE 1/31-3/2 0.00 16.84 1020 583554 03/16/01 825 S~N JOSE WATEH CONPANY 1108407 WATER SERVICE 1/31-3/2 0.00 22.62 1020 583554 03/16/01 625 S~ JOSE HATER C0t4PANY 1108407 WAT~ SERVICE 1/31-3/2 0.00 87.96 1020 583554 03/16/01 625 SAN JOSE Wk'&mt COMPANY 5708510 WATER SERVICE 1/31-3/2 0.00 9.00 1020 583554 03/16/01 625 SAN JOSS WATER CONpANY 1108314 WAT~R SERVICE 1/31-3/2 0.00 9.00 1020 583554 03/16/01 625 S~ JOSE WATER C~ANY 1108314 WATER SERVICE 1/31-3/2 0.00 200.52 1020 583554 03/16/01 628 S~ JOSE WATER CONpJ%NY 1108302 WATER SERVICE 1/31-3/2 0.00 55.12 1020 583554 03/16/01 625 S~ JOSE WATER CONPANY 1108314 WATER SERVICE 1/31-3/2 0.00 364.12 1020 583554 03/16/01 828 SAN JOSS WA~mK CO~4PANY 1108314 WATER SERVICE 1/31-3/2 0.00 494.21 1020 583554 03/16/01 625 SAN JOSE W~tT~;~ CONPANY 1108507 WATER SSHVIOS 1/31-3/2 0.00 62.01 1020 553554 03/16/01 625 SAN JOSS NAT~RC0~PANY 1108314 WATER SERVICE 1/31-3/2 0.00 49.00 1020 583554 03/16/01 825 SAN JOSE W~'&~( CONP~NY 1108314 HATER SERVICE 1/31-3/2 0.00 50.45 1020 583554 03/16/01 625 S~ JOSS WATER CO~IPANY 1108407 HATER SERVICE 1/31-3/2 0.00 49.00 1020 583554 03/16/01 625 SAN JOSE WA'£m( CO~4P/t~Y 1108407 WATER SERVICE 1/31-3/2 0.00 72.42 1020 583554 03/16/01 625 SAN JOSS WATSR CONPANY 1108803 WAT~ SERVICE 1/31-3/2 0.00 64.90 1020 583554 03/16/01 625 S~N JOSE WA'£m~ CO~P~Ny 1108303 WAT~H SERVlCE 1/31-3/2 0.00 675.19 1020 583584 03/16/01 625 S~N JOSS WA'~( CONP~/~Y 1108303 HA~ SERVICE 1/31-3/2 0.00 198.18 1020 583554 03/16/01 625 SAN JOSE HATER CO, ANY 1108303 WAT~ SERVICE 1/31-3/2 0.00 703.81 1020 583554 03/16/01 828 SAN JOSS HATER C0*4PJ~Y 5708510 WATER SERVICE 1/31-3/2 0.00 1~a..95 1020 583554 03/16/01 625 SAN JOSS WAT~S CONPANY 1108407 WATER SERVICE 1/31-3/2 0.00 8 1020 583554 03/16/01 625 SAN JO~E WATER COMP~NY 5606620 WATER SERVICE 1/31-3/2 0.00 1020 583554 03/16/01 625 SAN JOSE WATER C0t4PANY 5606620 WkT~.t SERVICE 1/31-3/2 0.00 32.23 1020 583554 03/16/01 625 SAN JOSE WA'£,~tt C0~4PANY 1108407 WATER SERVICE 1/31-3/2 0.00 21.17 1020 583554 03/16/01 825 S~ JOSS WATER C0~PANY 1108407 ~A=*,~. SERVICE 1/31-3/2 0.00 12.50 1020 583554 03/16/01 625 SAN JOSE HATER C0~4PAI~Y 1108508 HATER SERVICE 1/31-3/2 0.00 26.96 1020 583554 03/16/01 825 SAN JOSE HATER COmPANy 5606620 Wk=',~s~ SERVICE 1/31-3/2 0.00 6.96 1020 583554 03/16/01 625 SAN JOSE WATER C0~4PANY 1108407 WAI'~a SERVICE 1/31-3/2 0.00 16.84 1020 583554 03/16/01 825 SAN JOSE WATER COMPANY 1108407 WATeR SERVICE 1/31-3/2 0.00 54.78 1020 583554 03/16/01 625 S~ JOS~ WATER COt4P~Ny 1105407 Hk-~,~s~ SERVICE 1/31-3/2 0.00 12.50 1020 583554 03/16/01 625 SAN JOSE WATER C~ANY 1108407 WATER SERVICE 1/31o3/2 0.00 12.50 1020 583554 03/16/01 625 SAN JOSE WA~K C~t4P/~NY 1108407 HATER SERVICE 1/31-3/2 0.00 30.80 1020 583554 03/16/01 625 SAN JOSS WATER C0~ANY 1108407 #~a,r SERVICE 1/31-3/2 0.00 25.00 1020 583554 03/16/01 625 SAN JOSE WATER COMPANY 1108407 HATER SERVICE 1/31-3/2 0.00 10.09 1020 583554 03/16/01 625 SAN JOSE HATER C09~PANY 1108506 WA-~*~. SERVICE 1/31-3/2 0.00 26.96 TOTAL OIECK 0.00 8473.83 102O 583555 03/16/01 626 S~NTA C~ OD DSPT OF R 1102100 CITATIONS JANUARY 2001 0.00 1810.00 1020 583556 03/16/01 2051 SZ~DAT ER'~-,=~.~.PRISSS, LNC. 6308840 SERV THRU 2/28/01 0.00 39.00 1020 583557 03/16/01 M2001 SZL FITNESS, INC. 5706450 MATERIALS 0.00 188.45 1020 583558 03/16/01 677 STATE STI~T BANK & TRUE 110 *P~ DEF 0.00 1742.86 1020 583559 03/16/01 529 ST~ P~4ATI0~o ZNO 6104800 MODEM CO--CT 0.00 15.52 1020 $83559 03/16/01 529 S~ PSNT~TI0~J, ZNC 6104800 T~CH SERVICES 0.00 TOTAL OIECK 0.00 DATE 03/15/01 TZ~ 15:46:22 - FINANCIAL ACC0~q~TZNG o3/~.5/o~. CITY OF CUPERTINO PAGE 10 ~Z~ ~Z~: tr~act.tra~_~te ~t~en '03/12/2001' a~ "03/16/2001" ~0~0 583560 03/z6/0~ 690 S~ ~ 6308840 ~ 2000-2002 O~ ~C 0.00 95.06 z020 s83561 03/16/0~ ~993 ~ oF ~ ~ ~zo ~L ~z ~ 566-39-8 0.00 16~.54 ~020 583562 03/~6/01 ?~8 ~ ~ zz08408 S~Y ~ z~ ? P 0.00 2450.00 1020 583563 03/16/01 1154 ~I~ ~AY OF ~A ~ 110 ~l~ ~Y 0.00 142.25 1020 583564 03/16/01 ~33 ~ Z~ 1106505 P~S/~P~Z~ 0.00 55.17 1020 583565 03/16/01 ~001 ~ ~ 1108601 ~S 3/21 0.00 768.96 1020 583566 03/16/01 ~001 ~Z~, ;~ 110 ~ ~Z~ R 0.00 340.00 1020 583567 03/16/01 ~001 WZ~ ~Y ~S~ 110 ~~ ~ ~8 0.00 500.00 1020 583568 03/16/01 ~001 ~'S D~S 110 ~ ~Z~Z~ DPS~ ~ 0.00 140.09 1020 583568 0~/16/01 ~001 ~*; D~S 110 ~ N~Z~ DP~ R623 0.00 142.21 ~ ~ 0.00 282.30 ~ ~ A~ 0.00 301153.91 ~ ~ 0.00 301153.91 I~ ~ ~RT 0.00 ~01153.91 R~ D~"I~ 03/15/01 TZI'~ 15:46:22 - FZ~;CI',R3a RESOLUTION NO. 0~-08~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HF_.RRINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 23, 2001 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: _. Dir/ctor of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 03/22/01 CI/"Z OF CTJP~RTX~O pJU3E 1 ACCOUNTING PERIOD: 9/01 ~ ~ZS~ - D$SB~ ~H A~ ~ NO IS~ ~ .............. ~ ............. ~/D~ 1020 579273 V 08/25/00 ~001 ~O, ~ID~ 580 ~C ~ 0.00 -100.00 1020 5V9284 V 08/25/00 ~001 ~Z~, ~Z 580 ~C~ 0.00 -49.50 1020 579307 V 08/25/00 ~001 ~, ~Z YI~ 580 ~C ~ 0.00 -50.00 1020 579308 V 08/25/00 ~001 ~, ~I YX~ 580 ~C RE~ 0.00 -100.00 1020 579309 V 08/25/00 M2001 ~, ~ YZ~ 580 ~C ~ 0.00 -~0.00 1020 S~9373 V 08/25/00 ~001 ~, T.~ 580 ~C ~ 0.00 -30.00 1020 S99385 V 08/25/00 ~001 ~ ~ 580 ~C ~ 0.00 -17.00 1020 579450 V 08/25/00 ~001 P~YA, ~EEP 580 ~C~ Q.00 -100.00 1020 579451 V 08/25/00 1952 P~A 1108201 ~S~S ~ J. ~ I 0.00 -5S.0Q 1020 S79499 V 08/25/00 ~001 SI~, ~I~A 580 ~C~ O.O0 -30.00 1020 S79528 V 08/25/00 ~001 V~, ~E~ 110 ~C~ 0.00 -SO0.00 1020 579546 V 08/25/00 ~001 ~I~, ~ 580 ~C~ 0.00 1020 583569 03/23/01 1695 ]M 6308840 ROT~ OF 3M S~I~ 0.00 67.07 1020 583569 03/23/01 1695 3M 6308840 ROTM OF 3H S~IT~ 0.00 3099.42 1020 583569 03/23/01 1695 3M 6308840 ROT~ OF 3M S~Z~ 0.00 175.70 ~ ~CK 0.00 3342.19 1020 583570 03/23/01 2328 ~C ~VI~ a ~Z~ ~. 1108505 T~/~R~ 0.00 1055.00 1020 583571 03/23/01 10 ~ ~ (S~I~ 5606620 B~ ~ ~ 2001 0.00 487.44 1020 583571 03/23/01 10 ~ ~ (~I~ S606640 ~ ~ ~ 2001 0.00 138.04 1020 583571 03/23/01 10 ~ ~ (~LE~I~ 1~08314 BI~IK ~ ~ 200 0.00 20~.08 1020 S83571 03/23/01 10 ~ ~ (~I~ 1108504 B~ ~ ~ 2001 0.00 3161.65 1020 583571 03/23/01 10 ~ ~ (~ 1108602 ~ ~ ~ 2001 0.00 44.21 1020 S83571 03/23/01 10 ~ ~ (~I~ 1108407 ~ ~ ~ 2001 0.00 418.96 1020 583571 03/23/0~ 10 ~ ~ (B~I~ 1108315 BI~I~ ~ ~ 200 0.00 17~.02 1020 583571 03/23/01 10 ~ ~ (~ 110~312 ~ ~ 2001 0.00 11.38 1020 583571 03/23/01 10 ~ ; (B~I~ 1~08507 B~ ~ ~ 200~ 0.00 SS1.10 1020 583571 03/23/01 10 ~ ~ (~I~ 5708510 ~ ~ ~ 2001 0.00 2GS8.86 1020 583571 03/23/01 10 ~ ~ (B~l~ 1108511 B~ ~ ~ 2001 O.00 275.38 1020 S83571 03/23/01 10 ~ ~SR (~Z~ 1108530 B~~ 2001 0.00 15290.72 1020 583571 03/23/01 10 ~ ~ (~I~ 1108602 ~ ~ ~ 3001 0.00 2033.47 1020 583571 03/23/01 10 ~ ~ (~Z~ 5208003 B~ ~ ~ 2001 0.00 S.78 ~ ~CK 0.OO 25460.09 1020 583572 03/23/01 2110 ~C ~ ~TX~P 1108303 ~ & R~ ~ ~ 0,00 725.00 1020 583573 03/23/01 ~001 ~, ~ 580 ~C~ 0.00 7~ DATE 03/22/01 T~'I~ 18:03:4S - FTHAH~XAL A,J~CX,~rXI'IG 1020 583574 03/23/0Z 2099 1020 ~83575 03/23/01 13 ~ A ~S ~XTATZ~ C 1108321 ~I~ ~ 1/27-2/2 0.00 154.00 1020 583576 03/23/01 18 ~ OZ~ ~Z~ 1108005 ~ ~ DX825~ 0.00 6100.00 1020 S83577 03/23/01 ~001 ~, ~ 580 ~C ~ 0.00 58.00 1020 583578 03/23/01 ~001 ~X~, Z~A~.T-~ 580 ~C ~ 0.00 51.00 1020 ~83579 03/23/01 44 ~Z~ ~ ~ 1104400 ~ ~ ~ ~ 0.00 70.00 1020 5835?9 03/23/01 44 ~X~ ~ ~S 1104400 ~ ~B ~ ~ 0.00 90.00 ~ ~ 0.00 160.00 1020 583580 03/23/01 57 ~ 1104510 ~ ~g 0.00 140.50 1020 583581 0~/23/01 ~001 ~'*'~ ~ 1104400 ~Z~ 0.00 60.74 1020 5835~2 03/~3/01 ~001 ~, ~Z~ 58O ~C ~ 0.00 55.25 10~0 5~]583 03/23/01 993 ~ ~'~ 5506549 ~ ~I~ 0.00 39.09 10~ 5835~4 03/23/01 968 ~ ~ F~S 6308840 0~ ~ O~ ~ 0.00 17.15 1' 583584 03/23/01 968 lb. 583584 03/23/01 968 ~ ~ P~S 6308840 O~'~B 0~ ~ 0.00 25.62 1020 5~3584 03/23/01 968 ~ ~ ~ 6308840 0~ ~ ~ ~ 0.00 9.61 1020 583584 0~/23/01 ~68 ~ ~ ~G 6308~40 O~ ~B ~ ~ 0.00 1~.51 1020 583584 03/23/01 968 ~ A~ P~ 6308840 0~ ~B O~ER ~ o.oo 20.28 1020 583584 03/23/01 968 ~ ~ P~ 6308840 OP~ ~g ~ ~ 0.00 76.17 1020 583584 03/23/05 968 ~ ~ P~S 6308840 O~ ~E ~ ~ 0.00 16.37 ~ ~ 0.00 188.91 1020 583585 03/23/01 1828 ~Y ~S O~TZ~ 5506549 ~Z~ ~Y SE~ 15/200 0.00 18V.50 1020 5~3586 03/23/01 100 ~ X~X~ S~z-~ 1100000 ~X~ OF ~PX~ 0.00 35.00 1020 58358~ 03/23/01 1367 C A P Z O 1103300 . 5PZ~T OF ~ ~UZSE 0.00 15,00 1020 . 58358V 03/23/01 1367 C A ~ I O 1103300 ~ ~ 4/25,26,27 0.00 370.00 · ~ ~CK 0.00 385.00 1020 583588 03/23/01 133 ~-LI~ ~ ~ IH 1108408 ~ZBS 0.00 253.37 1020 583589 03/23/01 2326 ~ ~1~1A ~10 1103300 ~ T~ ~ZPS 0.00 147.74 1020 583590 03/~3/01 1024 ~Z~ ~ 1101000 ~Z~ ~ M.~ 0.00 39.95 1020 583591 03/23/01 143 ~ ~ ZNC 1103400 ~ ~ ~ 0.00 2966.00 1020 583592 03/23/01 149 ~H 1101000 ~&-~-A-z · ~ 0.00 123.62 1020 583592 03/23/01 14~ 102~ 583592 03/23/01 149 ~ 1101201 FJ*A'~ ~ 0.00 19.56 R~l' DA'I'B 03/22/01 TZMB 18:03:46 - FTHANCZAT, ~HG 03/22/01 CTTY OF CUpI~HTTNO PAGE 3 ACCOU'NTTNG pERIOD: 9/01 ~IECIC REGTST~R - DISBURSBMENT FUIqD $ELECTIO&T CRZTI~RIA: t~ransact:.~.rans_da~:e bet. ween '03/19/2001" and '03/23/2001" FU~D - 110 - ~BN~RA~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX ~40UNT 1020 583592 03/23/01 149 CASH 2204010 H~-I'&'x' CASH 0.00 64.99 1020 583592 03/23/01 149 C~ 1108601 l~'~r~ CASH 0.00 46.31 1020 583592 03/23/01 149 CASH 1107501 pETTY C~H 0.00 7.55 1020 583592 03/23/01 149 CASH 1107502 pE/'ff/ CASH 0.00 6.79 1020 583592 03/23/01 149 CASH 1104400 P=~'~*X CASH 0. 00 17. 93 1020 583592 03/23/01 149 CASH 1108601 P='~-~'X CASH 0. 00 5. 07 1020 583592 03/23/01 149 CASH 1104001 l'=~--&Z' CASH 0.00 30.00 1020 583592 03/23/01 149 C~H 1104000 l~=~--a*f cASH 0. 00 14 · 67 1020 583592 03/23/01 149 CASH 1101200 PETTY CASH 0.00 7.50 1020 583592 03/23/01 149 CASH 1107501 P~rA'~ CASH 0.00 12.00 1020 583592 03/23/01 149 CASH 6104800 Pb?~--~*~ CASH 0. 00 6 · 03 TOTJ~L CHECK 0.00 397.88 1020 583593 03/23/01 150 CCS PLYING & ENGINEERI 2709436 DESIG~ OF BIKE LANE ST 0.00 135.00 1020 583594 03/23/01 155 CENTR~ tIHOr';SJ%I~E NURSER 1108303 SUPPLIES 0.00 138.24 1020 583594 03/23/01 156 C~ WHOLESALE I~ER 1108303 SUPPLIES 0. 00 59.40 TOTAL CHECK 0.00 197.64 1020 583595 03/23/01 1820 CERIDIAN B~FITS SERVZC 1104510 V~D/DEP CAR~ 0.00 27.50 1020 583595 03/23/01 1820 C~RZDZAN tt~NSFZTS SERVZC 110 AD~4 FEES FEB 2001 0.00 22.50 TOTAL CHECK 0 · 00 50 · 00 1020 583596 03/23/01 M2001 CH~, WBILIN 580 REC RF--NO 0.00 ,0 1020 583597 03/23/01 M2001 CHEUNG, ~1 YZNG 580 RPLC CK #579307 0.00 50.00 1020 583598 03/23/01 M2001 C~, HE! yING 580 RPLC CK#579308 0.00 100.00 1020 583599 03/23/01 M2001 CI~, MEI YZNG 580 RPLC CK#579309 0.00 S0.00 1020 583600 03/23/01 M2001 CHEVALIER, CHUCK 1107503 R~OUIRED FOO~ARE 0.00 100.00 1020 583601 03/23/01 160 CHILDREN'S ART STUDIO 5806349 SERVICE AG~I~J~NT FOR 0.00 1616.17 1020 503602 03/23/01 M2001 CKOE, WIIaLI. PJ4 110 ltFND ~IuSSD ARCH coNS 0.00 450.00 1020 583603 03/23/01 911 RA11~ CR0~G 1100601 REZ~ OF ~XPEN$ES 0.00 302.24 1020 583604 03/23/01 M2001 CZS~iEROS, D~/SE 500 R~C ]~FND 0.00 100.00 1020 583605 03/23/01 164 CLARK INlaY. AL SUPPLY 1108312 SUPPLIES 0. 00 94.71 1020 583605 03/23/01 164 CLARK ~NDUSTRIAL sUPPLY 1108302 SUPPLIES 0.00 94.67 1020 583605 03/23/01 164 CLARK ZI~)USTRZAL SUPPLY 63088~0 SUPPLIt;S 0.00 94.67 1020 583605 03/23/01 164 CLARK INDUSTR/JtL SUPPLY 1108303 SUPPLIES 0.O0 94.67 1020 583605 03/23/01 164 CLARK ZND~IAL SUPPLY 1108314 SUPPLIES 0.00 94.67 TOTA~ CHECK 0.00 473.39 1020 583606 03/23/01 166 i(Z~BI~LY ~%]tlE CL~ 5806449 SERVICE AGRE]~ FOR 0.00 300.00 1020 583607 03/23/01 170 GEORGE HACF~t~ CLOWAR 5606249 $sRVZC~ AGR~ ,FOR 0.00 4 RUN DATE 03/22/01 TTNE 10:03:47 ' FINANCIAL ACCO~ZNG 1020 583608 03/23/01 2019 COMI:~MA~A']sK 6104800 N~I"I~ ~ORKSHOP o.oo 1195.00 1020 583609 03/23/01 2327 COVERALL OF THE 8 F BAY 1108505 ~Z~Z~ 3/2-3/31/01 0.00 2376.?~ 1020 583610 03/~3/01 ~OOl ~Z~. ~Y 580 ~C RB~ 0.00 33.00 1020 583611 03/23/01 201 ~P~ ~Z~ ~ 6308840 ~ 2000-2001 OP~ ~C 0.00 389.11 1020 583612 03/23/01 2321 ~V~ ~FF~ S~V 5708510 TI~ & ~RI~ 0.00 2188.88 1020 583612 03/23/01 2321 ~ MA~Z~ S~V 5708510 TI~ & ~I~ o.oo 876.90 ~ ~CK O.00 3065.~8 1020 583613 03/23/01 232S ~V~S, ~ ZZ0820~ ~ ~ OP~ OZ~ 0.00 G0.00 1020 583614 03/23/01 209 DB ~ S~Vl~ ~ SGOGG20 ~I~RI~ 0.00 420.68 1020 583614 03/23/01 209 OE~S~VZ~S INC 5606640 ~Z~I~ 0.00 420.S8 ~ ~ 0.00 841.36 1020 583615 03/23/01 210 ~EP ~IFF ~ZA~ L 5806449 8~VX~ ~ ~R 0.00 4224.00 1020 583616 03/23/01 1492 ~T~ ~p~ 6308840 S~ZES 0.00 506.43 I 583617 03/23/01 222 ~ ~ZA~ 110860~ 8~VX~ ~ ~ 0.00 3180.00 1020 583618 03/23/01 ~001 ~ H~ ~ 1101500 ~ ~R A~ ~ra~ 0.00 313.82 1020 S83619 03/23/01 ~001 ~ZMAY, ~ 580 ~C~ 0.00 32.00 1020 583620 03/~3/01 1434 ~ S. ~ ~. 1108303 P~TS & ~ZES 0.00 108.15 1020 583621 03/23/01 239 ~Z~ D/a-~ZB~ 1108504 S~ZBS 0.00 196.31 1020 583622 03/23/01 240 ~Z~ ~ ~.~S 11010V0 3/12 ~ ~X~ 0.00 425.00 1020 583623 03/23/01 ~001 ~. ~Y 110 ~ H~ ~ ~ ~87 0.00 4900.00 1020 583624 03/23/01 250 ~T ~ OF ~T 5806349 S~VZ~ ~ ~R 0.00 2338.17 1020 583625 03/23/01 251 ~ ~ VAT~-~ S~Y 4229208 ~ S~YZ~ 0.00 3500.00 1020 583626 03/23/01 ~001 M, ~lE 5506549 R~ S~ ~ 0.00 30.00 1020 5836~7 03/23/01 253 ~LZ~S~VZ~ 1106265 L~S~R~ 0.00 96.50 1020 583628 03/23/01 260 ~ ~S ~P 110 ~ZPPX~ (GX~l) 0.00 32.00 1020 583628 03/23/01 260 ~ ~s ~ 1104510 ~zPPZ~ (~S~) 0.00 ~8.60 1020 S83628 03/23/01 260 ~~S ~ 110 ~l~l~ (S~TAVA) 0.00 14.96 1020 583628 03/23/01 260 ~ ~S ~ 1107302 ~ZPPZ~ (GZ~) 0.00 14.96 1~ 583628 03/23/01 260 ~ ~S ~ 2709440 ~ZP~ (~) 0.00 i~.SE ~ 0.00 98.08 DATE 03/22/01 TZME 18:03:47 - F'rNR,NCZAL ~XNCI 03/22/01 CITY OF CUPERTINO pAGE ACCOUNTING PERIOD: 9/01 C:~IBCK RSGZSTER - DISBUI~B~IqT ~ S;T.~CTION CRI-,-~ZA: cransaot.trans_dace between '03/19/2001# and 003/23/20010 FUHD - 110 - GENERAL F~qSD C~SH ACCT CHECK NO XSSU~ DT .............. FBNDOR ............. F~D/DEPT ..... DRSCRIPTION ...... SALES TAX 1020 583629 03/23/01 2304 PZRLD PAOLI ARCHITECTI~E 4269212 SERVIC~ AGI~]~/qT FOR 0.00 97.00 1020 583629 03/23/01 2304 FIELD PAOLI AXCHIT~CTURE 4269212 sEsv~CK AGaEESEST FOR 0.00 1026.06 TOTAL CHECK 0.00 1123.06 1020 583630 03/23/01 1255 FIRST AUT(kMOTZV~ DISTRIB 6308860 FY 2000-2001 OPES ~C 0.00 60.24 1020 583630 03/23/01 1255 FIRST AUTOMOTIVE DISTRIB 6308840 FY 2000-2001 OPES mUtC 0.00 119.14 TOTAL CHECK 0.00 179.38 1020 983631 03/23/01 M2001 FLUteR, DEREK 110 RFND ~'USED LGL HTC DE 0.00 . 200.00 1020 S83632 03/23/01 268 FOS='~sk BROS SECURXTY SYS 1108505 pAItTS & SUPPLIES 0.00 59.40 1020 S83632 03/23/01 288 FOSTER BROS SECURITY S¥S 1108312 PARTS & SUPPLIES 0.00 17.82 1020 583632 03/23/01 268 FOSTF.q ESOS SSCUaITYSYS 1108505 PARTS & SUPPLIES 0.00 60.60 TOTAL CHECK 0.00 137.82 1020 583633 03/23/01 273 FR~4(~T ~q(IO.q H.S. DIST. 5806449 FY 2000-2001 OPES POme 0.00 100.88 1020 683634 03/23/01 274 FRY'S ELECTRONICS 5706450 SUPPLIES 0.00 130.11 1020 583635 03/23/01 2027 m~aESAOABCIA 1104400 ESFRSIEe~TS TEAM CLASS 0.00 53.73 1020 583635 03/23/01 2027 MAHSHA GARCIA 1104400 PleXIGLASS FOR EDC TAB 0.00 304.02 TOTAL CHECK 0.00 : ; 1020 583636 03/23/01 M2001 GOH, CHIEW-SIANG 580 REC RBFIH;D 0.00 100.00 1020 583637 03/23/01 M2001 GOLD, RUTHY 580 REC REFUND 0.00 65.00 1020 583638 03/23/01 M2001 GOLDS~RG, GARY 580 ESC RIND 0.00 100.00 1020 583638 03/23/01 291 GOLDEN TOUCH LAI~SCAPING 1108314 LNDSCP MAII~T JAN/FEB/M 0.00 2571.00 1020 583640 03/23/01 1335 DBNISE GOSS 6806249 SERVICE AGREEMENT FOR 0.00 100.60 1020 583641 03/23/01 )42001 GOT0, MA(HI 580 RECRFHD 0.00 30.00 1020 583642 03/23/01 296 KARSN GOTTLEIB 5806449 SERVICE AGREEMEHT FOR 0.00 1440.00 1020 583643 03/23/01 1936 GOVERNOR'S OFFICE OF E)~ 1104400 TUITI(~ ~RC,~NCY COUR 0.00 250.00 1020 583644 03/23/01 298 GRAINGES INC 6308840 FY 2000-2001 0~E~ FORe 0.00 34.69 1020 583644 03/23/01 298 G~AINGER INC 6308840 FY 2000-2001 OPES PURC 0.00 5.28 1020 583644 03/23/01 298 (;~AINGER INC 6308840 FY 2000-2001 OPES P;mC 0.00 174.35 1020 583644 03/23/01 298 ODAINOES IHt 1108830 SUPPLIES 0.00 7.45 1020 583644 03/23/01 238 GRAINGE~ INC 1108315 SUPPLIES 0.00 37.96 1020 583644 03/23/01 298 GRAINGBR IHt 1108315 SUPPLIES 0.00 29.73 1020 583644 03/23/01 208 GaAI~OES IHC 1108315 SUPPLIES 0.00 39.76 1020 583644 03/23/01 298 . G~J~NGER INC 1108830 SUPPLIES 0.00 7.45 1020 583644 03/23/01 298 GRA~ INC 3108830 SUPPLIES 0.00 37.91. 1020 583644 03/23/01 298 GRAINGBR INC 1108830 SUPPLIES 0.00 2;' ~6 1020 583644 03/23/01 208 G3UUNOES ;NO 1108830 SUPPLIES 0.00 I DATE 03/22/01 TI~ 18:03:48 - FINANCIAL ACCOT,~TING 03/33/0], (:'~TY OF CUPERT"FIq0 PAGE 6 AC'COUI~TTZNG P~RZOD: 9/01 C/~ECI~ R~GZSTER ~ DZ~B~B~,~NT ~ ,C~.,~H ~ CH~CK NO ZSSU~ DT .............. VENDOR ............. FE~D/DEP'I' ..... DESCRZPTZO~ ...... ,~L~S T~tX ~ 1020 583544 03/23/01 298 C~,Allqk~A "rNC 1108315 ~t,~"PPLZB-~ 0,00 35.08 1020 55364a· 03/23/01 290 GIUt/NGB.V. ZIqC 1100315 ~u,L.'~LTM 0.00 324."/1 TOTJ~ C~EC~ 0.00 2359.19 1020 503645 03/23/01 2322 GI/,APHI'C PRODUCTS 1106:265 &WdPP*r.~'ES 0.00 400.15 1020 583646 03/23/01 300 B.MtB~R~ GI:~VES 5806449 SERVTCE ,~G~m~I~T FOR 0.00 165.00 1020 58364'/ 03/23/01 301 G~."/II~R ~'r.~CTR'fC CO INC 1108830 P~',,RTS r.,, 6~ppL*rB8 0.00 533.13 1020 583653 03/23/01 2064 HO~M~,D O NOFF ,,TR. 1104,100 SERVICE ~Gnmu'M~V'l' FOR 0.00 43.4r, 1020 58365'/ 03/23/01 H2001 IGR, P..~HZ, ~Z~O 500 PRESCHOOL REFL~D 0.00 544.00 1020 553655 03/23/01. 1892 /~,~TZO~ 1105101 ~ SBRV ~ TO 5/':' 0.00 1050.00 · ~ 553559 03/23/01 995 Z~SBRV C(~4P, RI, IY 1105501 ~,R,TBR TR"IT,~T ~ 3/ 0.00 16'/.04 03/22/01 T'rl~ 18:03:48 - FIN~2~T~Tj 03/22/01 CZ/~Z OF CUPERTINO pAGS 7 ACCOUNTING P~RIOD: 9/01 O'IECK RKGISI'~ - DZSB~ ~ SBLECTION CRZTEKZA: ~=aF,.aac~.c~ans_claCe between "03/19/2001' and "03/23/2001" FUND - 110 - GEI4E3~J, FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. ~J~qD/DEPT ..... DESCRIPTION ...... SALBS TAX AMOO~'T 102O 583659 03/23/01 995 INSSRV C0~pANY 1108502 NATER TRT~e~T A~P~TT 3/ 0.00 167.04 1020 583659 03/23/01 995 INSERV C0~ANY 1108504 ~ATER TRT~TAGRA~JT 3/ 0.00 167.04 TOTAL CH~CK 0.00 501.12 1020 583660 03/23/01 1242 INS/Z-PRINTS 1107501 BUS CARDS 0.00 51.38 1020 503660 03/23/01 1242 ZN~TY-PRINTS 1104300 BUS CARDS 0.00 51.37 ~AL C~CK O.O0 102.73 1020 583661 03/23/01 M2001 INTELLAPRZNT S~3-]~45 1108101 ]~P MAZNT ~ 0.00 895.00 1020 583662 03/23/01 M2001 ISHZZo HIKARZ 580 REC R~HD 0.00 130.00 1020 583663 03/23/01 )42001 ISRAEl, JAY 580 RBCR!~I) 0.00 25.50 1020 583664 03/23/01 1009 J.A. SEXAURR 1NC 1108501 SUPPLIRS 0.00 50.48 1020 583665 03/23/01 857 SAHDRA JAM~S 1101000 REZff/~ OF KXPNS FOR ~ 0.00 156.95 1020 583666 03/23/01 M2001 JANG, SUH-LINO 580 REC REFUND 0.00 130.00 1020 583667 03/23/01 1382 001~] DRERE C0~PANY-RALEZ 6309820 5310 TRACTOR EMPIRE RO 0.00 56323.88 1020 583668 03/23/01 1122 JOI~ISTON SU?PL¥ 1108506 SUPPLZER 0.00 1020 583689 03/23/01 1402 ~OINT VB~TURE SILICON VA 1101000 CONF FEE 0.00 85.00 1020 583670 03/23/01 2219 RE¥STOHB RESTAURANT SUPP 4249210 36 GAS RANG~ MODEL ST 0.00 8522.40 1020 583671 03/23/01 M2001 KZMo YONGBAE 580 RECREI~LT~D 0.00 28.00 1020 583672 03/23/01 M2001 RZH/)SVATTBR° MARY 580 REC RFND 0o00 230.00 1020 583673 03/23/01 371 LISA KING 5806449 $~RVZCEAGRREMENT FOR 0.00 211.75 1020 583674 03/23/01 373 KIRK XPEDX 1104310 FY 2000-2001 OPEH PURC 0.00 116.17 1020 583674 03/23/01 373 KIRK XPRDX 1104310 FY 2000-2001 OPeN PURC 0.00 91.02 TOTA~ CHECK 0.00 207.19 1020 583675 03/23/01 2231 DAVE KNAPP 1101200 REI~ OF RXpN$ 0.00 142.81 1020 583676 03/23/01 2323 IOfIK-NAY M~FLKR SERVZCR 6308840 REPLACE MUFFLER/TAIL P 0.00 135.00 1020 583677 03/23/01 392 LSAGO~ OF CALZFOREIA CIT 1101500 A/'I'ORHEY ~CE 0.00 350.00 1020 583678 03/23/01 M2001 LER, LZANG 110 RFND DBV~LOP MA.TNT FRR 0.00 200.93 1020 583679 03/23/01 396 PRZLLIP ~ LBNZHAN 5606449 SBRVICR ~ FOR 0.00 168.00 1020 583680 03/23/01 1393 THE LKO~ARDC~.OUP ~NC 4249218 CBP, AMZCMUGS GLASSES A 0.00 380.65 1020 583680 03/23/01 1393 THE LEOHARDGROUP ZNC 4249218 CBRAMXCMUGS GXJ, SSR$ A 0.00 2007 1020 583680 03/23/01 1393 THE X,~0~ARD GROUP ZNC 4249218 CB~RMIC MUGS GLASSE~ A 0.00 RU~ DAT~ 03/22/01 TXP~ 18:03:49 - FXI~d~CXAL ACCOUJ~TXNO o3/22/ol ¢I'I"Z OF ~,'u~,~iRTZNO PA~E 8 ~ - 210 - G~ ~ ~ ~ 0.00 3~19.37 1020 58368~ 03/23/0~ ~00~ ~, ~ 580 ~C ~ 0.00 329.00 ~020 583682 03/23/01 810 ~Y ~ Z104510 ~ ~ATZ~ 0.00 1350.00 2020 583683 03/23/02 ~005 ~, ~ 580 ~C R~ 0.00 100.00 L020 583684 03/23/0~ ~00~ ~, ~1 1104400 ~ ~ ~ ~Z~ 0.00 ZS.00 ~020 58~685 03/23/02 ~001 ~ZU, Z~ 580 ~C ~ 0.00 63.00 ~020 583686 03/23/0~ 404 ~ ~ ~ ~260 5806349 ~ 0.00 30.21 ~020 583687 03/23/01 ~001 ~, ~T~ 110 ~ B~ ~S 0.00 S00.00 Z020 583688 03/23/01 ~001 ~, ~ 580 ~ R~ 0.00 934.15 1020 583689 03/23/01 1463 ~ ~ P~Z~ & ~ 6308840 ~P~R ~ ~90 0.00 1495.72 L020 583690 03/23/01 Z599 ~ ~ ~ I 1104510 4/1-4/30/02 ~40 ~ 5 0.00 768.60 1~ 58369Z 03/23/0~ 1968 ~ ~ ~ZA~ ~104000 ~ ~Z~ ~C 0.00 317.50 ~ 58369~ 03/23/01 1968 ~ ~ ~S~ 1104000 ~Z~Z~ A~ZT snvzc 0.00 1838.~S 1020 583692 03/23/0~ ~602 ~ ~ZS~V~ ~P~ 1100000 ~ ~ 3~ ~ 2000 0.00 1250.00 1020 583693 03/23/01 431 ~ ~S OFFZ~ ~D 1104300 ~P~ 0.00 10.80 1020 583694 03/23/01 1292 ~Z ~ 1104000 2/1-2/28 0.O0 23,20 1020 583695 03/23/01 443 ~.~.~ ~I~ I~ 1108504 S~V~ ~ 0.00 160.00 1020 583696 03/23/01 447 ~SSZ~ ~ ~VZ~ 1108201 ~ 2000-2001 OP~ ~C 0.00 75.60 1020 583696 03/23/01 447 MISSZ~ ~Z~ S~VZ~ 1108201 ~ 2000-2001 OP~ ~ 0.00 10.~0 1020 583696 03/23/01 447 HZSSZ~ ~ ~Vl~ 1108201 ~ 2000-2001 O~ 1020 583696 03/23/01 447 MZ~I~ ~ S~V~ 1108201 ~ 2000-2001 O~ ~C 0.00 2.70 ~ ~ 0.00 164.70 1020 583697 03/23/01 ~001 MZ~, ~-A-A~ 580 ~C ~ 0.00 63.00 1020 583698 03/23/01 ~001 MZY~, ~1~ 580 ~ ~ 0.00 169.00 1020 583699 03/23/01 455 ~ ~ 5806249 ~ ~ ~ 0.00 742.00 1020 583700 03/23/01 1137 E~Y.;~ ~Y 1101500 P~ DZ~ ~ 3 ~Y ~ 0.00 120.00 1020 583701 03/23/01 471 ~ TZ~ ~Y ~ 630~840 P~ & ~Z~ 0.00 68.45 10~ 583702 03/23/01 ~001 ~ ~ 580 ~ ~ 0.00 63.00 03/22/01 TTY~ 18:03:50 03/22/01 CITY OF CUPERTXNO PAGE 9 ~ING PERZODz 9/01 CHECK R~Gla'£~ - DXSBUP~qTFOND SELECTION C2XT~RIA: transacc.~rans_da~e between "03/19/2001" and "03/23/2001" FUND - 110 - G~RAL FOND CASH ACCT CH~CENO ISSUE DT .............. VENDOR ............. F[~ID/DEPT ..... DESCriPTION ...... SALES TAX J~40~qT 1020 583703 03/23/01 475 NATIONAL CONS~UCTZON R~ 1108312 F~NCE RENTAL 3~6-4/3/0 0.00 41.65 1020 583704 03/23/01 1550 ADONIS h NBC~SITO 1103500 SERVICE A~E~EIqT FOR 0.00 270.00 1020 583705 03/23/01 M2001 NG, WAN CHENG 580 EEC RFND 0.00 72.00 1020 583706 03/23/01 1850 NOIU~tNDIN CHRYSLER PLYMO 6308840 SUPPLIES 0.00 30.99 1020 583707 03/23/01 1358 NORTH~RIqTOOL & EQUIFM~N 6308840 SUPPLIES 0.00 476.31 1020 S83708 03/23/01 2206 O.K. FIRE F~UIPMENT CO~P 1104400 SRVS 0.00 69.90 1020 583709 03/23/01 495 OFF/CE EELPER 1104300 FY 2000-2001 OPB~ PURC 0.00 139.42 1020 583709 03/23/01 495 OFFICE HELPER 1104300 FY 2000-2001 OPEN PURC 0.00 78.31 1020 583709 03/23/01 495 OFFZCE H~LPER 1104300 FY 2000-2001 OPE~ PURC 0.00 27.43 1020 583709 03/23/01 495 OFPZCE H~LPER 1106100 ~UPPLZES 0.00 93.93 TOTAL C~ECK 0.00 339.09 1020 583710 03/23/01 2241 ONE WORKPLACE 1107200 DESIGN AND INETALLATIO 0.00 8369.94 1020 583711 03/23/01 S03 OR(~I~P~D SUPPLy 5606620 FY 2000-2001 OPEN PURC 0.00 61...42 1020 583711 03/23/01 503 ORCI~RD SUPPLY 5606640 FY 2000-2001 OPEN PD~C 0.00 1 1020 583711 03/23/01 503 ORCHARD SUPPLY 5606640 FY 2000-2001 OPEN PURC 0.00 1020 583711 03/23/01 503 ORChaRD SUPPLY 5606620 FY 2000-2001 OPEN PURC 0.00 216.89 TOTAL CHECK 0.00 586.98 1020 583712 03/23/01 1220 ORCHARD SUPPLY RARDWARE 1108506 EUPPLZES 0,00 33.39 1020 583712 03/23/01 1220 ORCHARD SUPPLY H~RDWA~ 1108505 SUPPLIES 0,00 65.00 1020 583712 03/23/01 1220 ORCHARD SUPPLY RA~DWARE 1108506 SUPPLIES 0,00 11.96 1020 583712 03/23/01 1220 ORCHARD SUPPLY HA~J~RE 1100316 SUPPLIES 0,00 103.16 1020 583712 03/23/01 1220 ORCHARD SUPPLY HARDWARE 1108314 SUPPLIES 0.00 174.88 1020 5837~2 03/23/01 1220 O~CHA~D SUPPLY I~RD~AR~ 1108303 SUPPLIES 0.00 44.25 TOTAL CHECK 0.00 432.44 1020 583713 03/23/01 507 DAN OSBOI~E DBA:OSBORNE 5609105 ELEC/~ICALWORK AT BBF 0.00 5457'.97 1020 583713 03/23/01 507 D~N OSBORNE DBA:OSBORNE 5606620 TI~ & MATNEIAL 0.00 785.25 1020 583713 03/23/01 507 ~ OSBOP~E DBA=OSBOI~E 1108504 TINE & M~'£,v~.IAL 0.O0 285.00 1020 583713 03/23/01 507 DAN OSBO~tNE DBA:OSBORNE 4249218 NESUP~LY POW~ TO EXIS 0.00 6242.59 TOTAL CHECK 0.00 12770.81 1020 583714 03/23/01 515 pACIFIC WEST SECURITY ZN 1108501 SERVICE CALL 0.00 54.00 1020 583714 03/23/01 515 PACIFIC WEST SF. CE~ZTY IN 1108504 SERVICE CALL 0.00 215.00 1020 583714 03/23/01 515 PACIPIC I~ST SECURITY ZN 5708510 SERVICE CALL 0.00 54.00 TOTAL C]~CK . 0.00 323.00 1020 583715 0~/23/01 M2001 PACLIBO~ ~ZA-EL¥IEA 580 P~ZCRF~D 0.00 33.00 1020 583716 03/23/01 M2001 pALMAo TL'O~t~S V. 110 RFRDI~SEDARCHDBP 0.00 846.00 1020 563717 03/23/01 M2001 p3tNDYAo ~ANDESp 560 RI~ D~T~ 03/22/01 TINE 18:03:50 - FINANCIAL ACCOUNTING C~H ACC~ CH~CK NO ZSSU~ D'I' .............. V'~Olt ............. ~D/DEP~ ..... DBSC~.ZPTXO~T ...... SA.T~S TAX ~ 1020 583718 03/23/01 520 PAPEEDXRECT Z~iC 1103300 PAZ*ER SUppT-.,ZE5 0.00 110.88 1020 58371g 03/23/02 Iq2001 PARV~tKSHZ, ¥ASMZN 580 I~C RFND 0.00 32.00 1020 583720 03/23/01 M2001 PBHG, T-mX 580 RRC REF't.~D 0.00 52.00 1020 583721 03/23/01 528 ~:~i'XZ~S~dA, BZ,~IEL~XHT 110 ZMPRVI,g~ P~2i'5 10151 ~4 0.00 78.61 1020 583721 03/23/01 526 PB~'XZIS;,.~A BZ,~B~;)RZN'~ 110 Z~ ~S ~ F~ 0.00 86.39 Z020 583721 03/23/01 526 P~ZN~ ~ 4249210 Z~R~ ~S S~ ~-z-~ 0.00 ~426.09 · v~-~ ~ 0.00 1595.0g Z020 583722 03/23/0Z 536 ~ ~Z~ ~Og 5806249 8~VZ~ ~ ~ 0.00 ?27.20 1020 583?23 03/23/0~ 1748 ~'~v~ ~Z~Z 1107200 ~ ~S ~ 0.00 2317.00 ~020 583723 03/23/01 1748 S~ PZ~E~ 1107200 ~E OF ~Z~ B 0.00 20.01 ~ ~ 0.00 2337.01 1020 583~24 03/23/0~ 545 ~F PZS~ZO 5606640 L020 583725 03/23/0L 2316 ~ ~S ~ 6309820 DZ~ 322 22 HP 4 P~ 0.00 28467.24 ~r~ 583726 03/23/01 ~001 ~ ~ 580 ~C~ 0.00 102.00 ~020 58372? 03/23/01 2105 ~Z~ ~Z~Z~ 1107501 S~ ~ 0.00 74.78 1020 583728 03/23/01 57Z ~Z~ ~Z~ ~ 5806449 ~ZBS 0.00 ~56.00 1020 583729 03/23/0~ L406 ~Z~S ~ 6308840 ~ 2000-200~ O~ ~C 0.00 55.99 1020 583729 03/23/0~ 1406 ~ ~ 6308840 ~ 2000-2001 O~ ~C 0.00 52.49 ~ ~ 0.00 108.48 1020 583730 03/23/0~ Z044 ~A~Z~k~. 1108504 T~ ~Z~ 0.00 450.00 1020 583~31 03/23/01 581 ~Z~ 1104300 S~Z~S 0.00 157.14 Z020 583731 03/23/01 581 ~ 1~04300 ~ZES 0.00 105.18 1020 583731 03/23/0~ 581 ~ 1104300 1020 58373~ 03/23/01 581 ~ ~107301 ~P~Z~ 0.00 82.15 Z020 583731 03/23/01 581 ~T.; 1107501 ~uv~Z~ 0.00 82.1~ 1020 58373Z 03/23/01 SgZ ~Z~ ,1104300 ~Uv~Z~ 0.00 16.99 1020 58373~ 03/23/01 581 ~Z~ 1104300 1020 58373~ 03/23/01 581 ~ 1104300 ~Z~ 0.00 200.36 Z020 S83731 03/23/01 581 ~b~ 1107501 uuv~Z~ 0.00 21.68 ~020 583731 03/23/01 58~ ~ 1107501 ~Uv~Z~ 0.00 47.1~ 1020 58373~ 03/23/01 SSZ ~ 1107301 ~Z~ 0.00 50.51 1020 583731 03/23/01 58~ ~ 1~07301 S~ZES 0.00 34.76 ~ ~ 0.00 857.68 1020 583732 03/23/01 ~00~ ~ ~ 580 ~C~ 0.00 12.00 1,' 583?33 03/23/01 988 ~ RZZ~ 1108201 ~ P~ ~ ~C C~ 0.~0 572.84 RT,~ I)ATB 03/22/01 TXME 18:03:51 - FZNAHCZAL ACCOt~HTZZiG 03/22/01 CITY OF CUPERTINO PA~E 11 ACCOUNTING PERIOD= 9/01 CH~CK REGISTER - DISBI~SEME~T ~ $5I~CTION CRITERIA: ~ransac~.~rans_da~e be=ween "03/19/2001" and #03/23/2001" ~ - 110 - GENERAL FlieD CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 583734 03/23/01 601 ROYAL BRASS ZNC 6308840 SUPPLIES 0.00 120.57 1020 583735 03/23/01 1919 SANTA C/J~A Va?.r.mY TRANE 5500000 BUS STZCI~RS 0.00 54.00 1020 583736 03/23/01 639 SAVZN CORPOP. ATION COPIE 5806449 FY 2000-2001 OPEN P~RC 0.00 614.54 1020 583736 03/23/01 639 SAVZN CORPORATION COPIE 5506549 FY 2000-2001 OPEN PURC 0.0O 2492.77 1020 583736 03/23/01 639 SAVIN CORPORATIC~ COPIE 5706450 FY 2000-2001 OPEN PURC 0.00 500.39 1020 583736 03/23/01 639 SAVZN CORPORATION COPIE 5506549 FY 2000-2001 OPEN P~tC 0.00 1238.62 1020 583736 03/23/01 639 SAVIN CORPORATI0~ COPIB 5806349 FY 2000-2001 OPEN 1~'~C 0.00 208.83 1020 583736 03/23/01 639 SAVIN CORPORAT/ON COPIE 5806349 FY 2000-2001 OPEN PURC 0.00 420.28 1020 583736 03/23/01 639 SAVZN CORPORATION COPIE 5706450 FY 2000-2001 OPEN PURC 0.00 248.63 1020 583736 03/23/01 639 SAVIN CORPORATION COPIE 5806249 FY 2000-2001 OP~ PURC 0.00 1112.35 1020 583736 03/23/01 639 SAVIN CORPORATION COPIE 5806249 FY 2000-2001 OliN PUHC 0.00 2238.68 1020 583736 03/23/01 639 SAVIN CORPORATION COPIE 5806449 FY 2000-2001 OPEN PURC 0.00 305.35 ~AL CHECK 0.00 9380.44 1020 583737 03/23/01 2057 SEC DAT~ 6109856 TECI~ZCAL ASSIST AND O 0.00 2036.76 1020 583737 03/23/01 2057 SBC DATAC0P~ 6109856 NON RECURRING SERVICE 0.00 1955.58 1020 583737 03/23/01 2057 SEC DATACOm4 6109856 CISCO HARDWARE AND EOF 0.00 11555.42 TOTAL CHECK 0.00 15577.76 1020 583738 03/23/01 640 SCA HYGIENE PAPER INC 1108302 FY 2000-2001 OPEN PURC 0.00 1020 583738 03/23/01 640 SCA HYGIENE PAPER INC 1108312 FY 2000-2001 OP]~N PORC 0.00 v ..a6 1020 583738 03/23/01 640 SCA HYGIENE PAPER INC 1108315 FY 2000-2001 OPEN PURC 0.00 ' 84.56 1020 583738 03/23/01 640 SCA HYGIEN~ PAPER INC 1108303 FY 2000-2001 OPEN PU~C 0.00 84.56 1020 583738 03/23/01 640 SCA HYGIENE PAPER INC 1108314 FY 2000-2001 OPEN P;H~C 0.00 84.56 TOTAL CHECK 0.00 422.82 1020 583739 03/23/01 M2001 SC~D~CKLOTH, SHIRLEY 590 AEC RFND 0.00 59.50 1020 583740 03/23/01 1890 SCHWAAB INC 5606600 DEPOSIT STAMP FOR BBF 0.00 41.56 1020 583741 03/23/01 1488 SP~RS 1108501 SUPPLIES 0.00 32.39 1020 583741 03/23/01 1488 SEARS 1108503 SUPPLIES P O 11324 0.00 140.39 1020 583741 03/23/01 1488 SEARS 1108505 SUPPLIES P O 10771 0.00 237.57 TOTAL OI~CK 0.00 410.35 1020 583742 03/23/01 2309 SERRATOS, MAR'ryAH 6104800 C0f4PUSA SUPPLIES 0.00 133.87 1020 583743 03/23/01 M2001 SHAFER, D~INIS 110 RFND ARCH DEP 0.00 322.44 1020 583743 03/23/01 M2001 SHAF~R, DE/~IS 110 RFND LQt'- NTC USP 0.00 136.52 TOTAL CHECK 0.00 458.96 1020 583744 03/23/01 )42001 S~JNo JOSEPHINE 580 P~C REFUND 0.00 54.00 1020 583745 03/23/01 M2001 SHYU,, H~NQ-YU 580 P, EC REI~d/qD 0.00 49.00 1020 583746 03/23/01 M2001 SHYU, Y~NO-YU 580 REC P~FO~D 0.00 38.00 1020 583747 83/23/01 2016 SI~BNS BUILDING TSCHNO'r. 1108501 PARTS r,. SUPPLIES 0.00 RON DAT~ 03/22/01 TXME 15~03~52 - FXNANCXAL ~XNG 3-oq3 o3/22/o~. ¢ZTY OF CUPES.?TNO PAGE 12 ACC0~"IeTNG PieR:[OD: 5/01 CH~Cg IU;GISTBlt - D'rSBU~S~N~T FUdD FU-~JD - 110 - GEI~RAT., FUND ~ ACC'~ C~CK NO TSSU~ D'L' .............. V~DOR ............. I:~I~)/DI~FT ..... DI~SCRZ~2'TON ...... H.31~T.~S ~'~( ~ 1020 583?48 03/23/01 2324 ~BAV~ROSZ SNZTH 1106100 RSZ)~ OF BXPN$ 0.00 258.02 1020 583749 03/23/01 2320 SN~P-O~i ZNDUS'I"RZAI, 6308840 RP~ CK ~58297~ 0.00 213.33 1020 583750 03/23/01 887 DX~ ~ 4249218 ~AC ~Z~ ~Z~ 0.00 44.89 1020 58~751 03/23/01 1523 ~ 4209113 S~VI~ ~ ~R 0.00 11131.66 1020 583?52 03/23/01 200 T.~ZB ~ ~KZ 5806449 S~V/~ ~ ~R 0.00 2016.50 1020 583753 03/23/01 1954 S~Z~ ~Z~ 1104200 0 ~ORGE ~P/FZ~ 0.00 1105.Z1 1020 583753 03/23/01 1954 S~Z~ ~R~TZ~ 1107301 ~. ~ORG~ ~ 0.00 648.00 1020 583?53 03/23/01 1554 S~Z~;~TZ~ 1107301 ~. G~R~ ~P 0.00 216.00 ~ ~CK 0.00 1969.11 1020 583754 03/23/01 1421 ~ S~ 1108504 TZ~ A ~RZ~ 0.00 890.00 1020 583755 03/23/01 1011 S~A~ ~ OF B~Z~ 110 S~6-818149 ~ 2001 0.00 ~020 583756 03/23/01 681 ~ZE ~ ~S 5806449 S~V/~ ~ ~R 0.00 400.00 10~- 583757 03/23/01 ~001 S~ZY~, ~O~ 580 ~C~ 0.00 231.00 10,. 583758 03/23/01 688 ~ZV~ ~ ~ ~ 1108408 ~ ~S 0.00 1236.60 1020 583759 03/23/01 689 ~IT ~Z~ 1104530 ~Z~ SH~ 0.00 54.43 1020 583V60 03/23/01 529 ~ ~TZ~, Z~C 6104800 ~F ~VS 0.00 204.21 1020 583761 03/23/01 1065 T ~ D ~Z~TZ~S Z 1108505 TZ~ A ~R~ 0.00 429.36 1020 583762 03/23/01 696 T~ ~Y 1108503 ~2~ 0.00 10.20 1020 583762 03/23/01 696 T~ ~Y 1108504 ~l~ 0.00 10,32 1020 583762 03/23/01 696 T~ ~Y 1108501 ~ZSS 0.00 10.32 ~ ~ 0.00 30.94 1020 583763 03/2~/01 699 T~ ~Z~ ~ 5708510 ~ZKS 0.00 39.19 1020 583764 03/23/01 700 T~ 8PECZ~ ~0~ 1108303 ~ 2000-2001 OP~ ~C 0.00 578.15 1020 583765 03/23/01 ~001 ~ 1107200 A~ZO T~S 0.00 69.87 1020 583766 03/23/01 ~001 ~, ~A 580 ~ 0.00 1020 S83767 03/23/01 ~001 M, ~ 110 ~DBP 0.00 1020 583768 03/23/01 709 ~ 58O6449 S~VZ~ ~ ~ 0.00 1240.00 1020 583769 03/23/01 1260 ~ ~I~ ~ 6308840 TZ~ ~Z~ 0.00 R~ D~.TS 03/22/01 ?ZH~ 18~03:52 - F'rlO~CI'~3., ACCOL~rI'Z~ 03/22/01 CITY OF CUPERTINO PAGE 13 ACCOUNTING PERIOD= 9/01 CHRCKR~OISTER - DISBURSEMENT FLHqD SELECTION CRITERIA: ~ransact.trans_date between '~3/18/2001" and "03/23/2001" FUND - 110 - GEI~RAL FU~D CASH ACCT CHECK NO ISEUEDT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 583770 03/23/01 724 TURF & INDUSTRIAL EQUIPM 5606620 SUPPLIES 0.00 154.65 1020 583771 03/23/01 738 VALI~Y 0IL C~ANY 6300840 FY 2000-2001 OPeN PURC 0.00 475.96 1020 583771 03/23/01 738 VALLEY OZLC(~4PANY 6308840 FY 2000-2001 OPEN PURC 0.00 3723.27 TOTAL CHECK 0.00 4199.23 1020 583772 03/23/01 742 COSE~ VIA~ 5806349 SERVICE AGP~ FOR 0.00 405.00 1020 583772 03/23/01 742 COSBTT~ VI$~JD 5806345 SERVICE AGP~E~ FOR 0.00 30.00 TOTAL CHECK 0o00 435.00 1020 563773 03/23/01 2117 l~ VIG~O~A 5006449 SRRVIC~ ~EM~NT FOR 0,00 629.00 1020 583774 03/23/01 749 VISA 5506649 FEE 2001 STMT 0.00 2279.28 1020 583775 03/23/01 751 VOLT 1108501 PARTS & SUPPLIES 0.00 375.21 1020 583776 03/23/01 754 BAR~ WALTON 5806449 SERVICE AGR~EY~NT FOR 0.00 1886.40 1020 583777 03/23/01 )~2001 W~, AL LIER 110 RFND LGL NOT DEP 0.00 135.61 1020 583778 03/23/01 M2001 W~/qG, ISABELLA 580 ERCREFUND 0.00 90.00 1020 583779 03/23/01 774 W~ETER~HZGHWAy PRODUCTS 1108602 PARTS & SUPPLIES 0.00 69 1020 583780 03/23/01 775 WBST~ PACIFIC SIGNAL L 1108602 NAZTEC TS2 CONTROLLER 0.00 7970.40 1020 583780 03/23/01 775 t~ST~I~I PACIFIC SIGNAL L 1108602 N~EC TS2 CONTR0;~u 0.00 1193.40 TOTAL CIrcE 0.00 9163.80 1020 583781 03/23/01 H2001 NOLFE, F~ 1100000 RPLC ACE TRANE/ACCT CL 0.00 200.00 1020 583782 03/23/01 951 NOOLWORTR I~u'~ER¥ 1108303 SUPPhIF~ 0.00 39.41 1020 583783 03/23/01 1131 CIDDY WORDELL 1107302 NEW ORLEANS TRIP 0.00 1604.82 1020 583784 03/23/01 M2001 WUKICE, RBNB 580 RPLC CK 8579546 0.0O 79.00 1020 583785 03/23/01 793 NANCY WULFF 5806249 SERVICE A~RESMENT FOR 0.00 1885.80 1020 583786 03/23/01 1081 YAMAGAMItS NURSERY 1108303 SUPPLIES 0.00 40.82 1020 583786 03/23/01 1081 yAMAC~AMI*E ITdltSERy 1108303 SUPPLIES 0.00 28.02 TOTAL CHXCK 0.00 68.84 1020 583?8? 03/23/01 M2001 YMCA OF SANTA CLARA VALL 110 RFtID UNUSED HLG DEP 0.00 134.85 TOTAL CASH ACCOU~T 0 . 00 311464 . 96 TOTAL FUND 0.00 311464.56 TOTAL I~PORT 0 . 00 311464 . 96 DATE 03/22/01 TIME 18:03:S2 - PINANCZAL ~II~ RESOLUTION NUMBER 01-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON March 16, 2001 WHEREAS, the Director of Administrative S~-vices, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $373,389.61 Less Employee Deductions $(119,954.23) NET PAYROLL $253,435.38 Payroll check numbers issued 52496 through 52705 Void check number CERTIFIED: or of A'dm'ntistrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this __ day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino  Ci~ Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 CITY OF I:AX: (408) 777-3366 CUPE INO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ~ Meeting Date: April 2, 2001 SUBJECT Monthly Treasurer's and Budget Report - February 2001 BACKGROUND Attached is the Treasurer's and Budget report for the period ended February 28, 2001. The report includes all funds in control of the City. Investments The market value of our current portfolio totaled $42.8 million at month end with a maturity value of $42.5 million. The City intends to hold inveslments until maturity to redeem full value of the securities cmrently with a maturity value below market value. The cun'ent investment portfolio remained relatively unchanged during the month of February with incoming revenues offsetting expenditures. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends General fund revenues are below budget projections at the end of February due to the timing of major tax payments received by the State and County. Operating expenditures for the General Fund remain below budget by 8.89%. Printed on Recy=led Paper RECOMMENDATION: Staff recommends that the City Council review and accept the February Treasurer's and Budget report. Submitted by: Approved for submission: · Eagle David W. Knapp Deputy Treasurer City Manager Ilnvestments By Type] Managed Portfolio ] Cash Corporate Boncls 0% 0% US TreasurY41% Nora /'///~'~'~ ~ ~ LAIF 43% Ido~lgage Obliga~)n 1% Rate of Return Comparlsion 6.60% /'/ 6.40~ · 1.-- 620% / - · n · : · . ~i'-~LA~F 5.40% 2/00 3/00 41/00 .5/00 6/00 7/00 8/00 9/00 10/00 11/00 12/00 01/01 02/01 City of Cupertino February 2001 ACTIVrl ¥ DAT,': R.EI' Y~ COST VALUE VALU{r. { PROFil/LOSS 'PURCHASE [ MA] IJRl'l Y DESCRIPTION SECURITIES SOLD i None SECIJRI I lES MATtJRED ; .... 0;//07/00 02/15/01: lreasury Note [6a 6.35%{ 2,000,000 2,000,000 2,000,000 i 0 SECURI I lES PURCHASED ! None CURRENT PORTI~OLIO 'CASH 02/28/01 !Cupertino National 0 0{ 0 0 ...... 0 OI 0 0 CORPORATt: BONDS 0 I 0 } 0 0 0 O~ 0 0 LA'fF 6f 02/28/01 State Pool 6.52N 18,236,203 1~3 18,:?.:36,2~3 0 MONEY MARKET FUNDS .......... 02/2B/01 !Crr~ter Bay Trust Company {6j 4.91°A; 56,159 56,159 56,159 0 02/28/01 !Cupertino NatI-Sweep account [6j 5.60°A 422,894 422,894 422,894 ............ 02/28/01 .Schwab [6j 5.42%1 89,189 89,189 89,189 0 ~ ~242 ~242 { s68~42 o MORTGAGE OBLIGATIONS 07/09/93 0a/{ 5/07 ~ FIiLMC(P) 6k 6.11%[ 1,017,796 1,000,0GO 972,427 (45,369) ..... ~-0-/t)3 09/15/07 'FHLMC(P.) .6k 7.42%~ 2,491,770 2,400,000 2,443,776 (47,994) 09/3~/03 05/15/08 ,FHLMC(P) 16k 662%! 2,939,308 2,860,000 2,893,176 (46,132) ............. ~ f~148,g74 6,~,eoo &,~09,.~79 039,49S) US 'GO~-E-P.~NM ENT SECURITIES I .... 10]08/97 .......... '03/31/01 '.Treasury Note 6a 5.75%] 2,000,946 2,OO0,0OO 2,001,260 ! 314 "-~6/07 05/31/01 :Treasury Note 6a 6.05%! 2,502,501 2,.500,000 2,510,200 I 7,700 · "07~7700 05/31/01 Treasury Note 6a 6.400/0. 1,000,219 1,0OO,000 !,004,010 { 3,791 '-~f0~/97-- 09/30/01 .Treasury Note 6a 5.79% 2,006,075 2,000,000 2,018,120 12,045 0UIOT00 ...... T~731/01 !Treasury Note 16~ 6.31% 2,496,353 2,500,000 2,531,250 34,897 .... 01/10/00 06/30/02 ',Treasury Note {6a 6.33% 2,497,680 2,500,000 2,553,9OO $6~20 · ' 0-6~S799 11/30/02 'Treasury Note 16a 5.90% 2,499,030 2,500,000 2,551,575 52,545 -'(~270~77~0 06/30/03 ~ Tn.-asury Note {6a 6.62%I 2,435,801 2,5OO,O0O 2,547,650, ! 11,849 i ]7,4.~M.,60~ ]7,.qoo,OOO 17,717,96S i 279,360 Toiil~i[n~ed Portfolio I 42,691,925 42,564,446 42~31,790 139,8~5 Average Yield ~10% · verage~n~h m Mamr~y (in yeah) OA2 City of Cupertino F bruary 2001 *PURCHASE ] MATURI 1Y' DESCRIPTION REF YIELD COST VALUE VALUP. PROFIT/LOSS .................... ;TKU~T & AGENCY PORTFOLIO CERTIFICATES oF DEPOSIT: .... ~]~l~/-00 06~7/01 l Cupertino Natl(K~,'ter Trust) 6b 5.60% ~ ~243: 38,24~ 0 Total Truif~=~geney Portf61io 38~243 } 38,243 i 38,243 .................... BOND RESERVE PORTFOLIO l iFranklin Fiduciary Trust 5.68% l~,l~ ProJeet Fund ' City Fiai{ Escrow A Lease Fund (~400954) 5.80% 115 115 115 0 McmoriMYWflson B Lease Fund (0400960) 5.81% 133 ! 133 133 0 - Blackberry/Freni0nt 1993 Series A (#400969) 3.80%{ 1,002 1,002 1,002 0 ]~CmorialAVilson I~,ScF~W B (~400948) ............. :Cash 24 I 24 24 0 ~4 ~4 ~ 0 .... ~/0~ .... 0-)701/0~ '~o - ~c~ ~ (~72~ 6.2~ 2,833~27 2,833~27 2,83~,~27 ~ 0 12~'~2 ~ 2/~ Mon~ ~ - ~w ~ (~) 6,~ ~,878 ~,87~ ~6,878 ~ 0 - -]2/]~? .... ]2/~ ~onc~ ~- ~w B (~96~ 6.~ ~.H~ ].~,H~ L~.HS ~ ........ ~ ~0~0 ~0~ S~ i 0 ~i~c~beF~/r~mont Olde~ i993 ~w ~ (~) ' ' 02/]~ ........ ~'~'~/~) U.S. ~u~ S~ ~nt ' ~37% 28.~68,~ 28.0~6.~ 28,0~.~0 ~ (L~4,~) ....................... ~7~ ~i7 ~0~7 I O~4,~ To~l ~nd R~e~'P~foli0 I ~ ~, ~b~2 ~ (~4,~) City of Cupertino Summary of Budget Transfers Budget Revenue Expenditure Descriotion Acct # Adjustment Budget Budget 2009101 ADOI'TED BUDGF. T :55,422,000:. 59,936,570 ~ROJECT CARRYOVERS various 1999/09 CARRYOVER: Bncumbrances various 4,122,072 i 4,122,072 '- ! 733,815 Dc'pmhuent carryovers Project carryovers 7,735,187 Budget carryovers , 154,357 I~VENUE AI~IUSTM~NTS: _ ··COPS grant 110-000~ ~.~.32 114,776i B.IA grant 110-000~ ~.~.31 25,001 OTI for Brown house purchase !424-0000-4910 501,788. OTI for Memorial park resl~oom [420-0000-4910 30,000 i _ OTI for Sports Center fimess 1426-0000-4910 435,209 Senior Center donation !424.0000.4758 0~ for Outlook i610-0000.4910 30,000i -TDA Allocation i270-000~ ~.~.31 28,0241 .... ;~A Allocation i270-000~ a.~.32 100,0001 Blackben~ trenchingoiT !560-0000-4614 20,0001 F~deral__H.~:s Projects i420-000~ ~.~.31 360,000 ..... Cleep state grant il 10-0000.4432 118,286 OTO to IT for pw laptops !610-0000.4910 7,550 · ._O_TO tO IT for pw laptops !610-0000-4910 2,376i EXPENDITURE ADJUSTMENTS: __ Adjust Budget Estimate ]110-1040-7018 -50,000 -50,000 COPS grant 110-2401-7014 114,776 114,776 · .B~.A___g~ant 110-2402-7014 25,001 25,001 ..__Apple Public Ar~ 110-1043-7014 100,000 100,000 ___C_IP funding change 420-9315-9300 -125,000 -125,000 CIP funding change 420-9118-9300 - 180,000 - 180,000 _ C_IP funding change 420-9220-9300 -150,000 -150,000 ._C. IP funding change 420-9222-9300 -$00,000 -$00,000 _~_I.P funding change 270-9435-9300 -11~,000 -1 __~11~ funding change 270-9445-9300 -125,000 -125,000 .__CIP funding change 270-9447-9300 180,000 180,000 ~CIP funding chnnge 270-9430-9300 850,000 850,000 CIP funding change 270-9448-9300 150,000 150,000 OTO for Brown house purchase 110-0100-8020 501,788 501,788 Brown house purchase ,420-9217-9400 502,953i 502,953 Appro. Memorial park res~oom !420.9114-9300 30,000i 30,000 OTO for Memorial park reslxoom ! 110.0100.8020 30,0001 30,000 -~0~bine Sport Center fimess/building !570-9212-9300 -435,209=. -435,209 Combine Sport Center fimess~ouilding !426-9212-9300 435,209,, 435,209 OTO for Sports Center fimess [570-0100-8020 435,209i 435,209 Senior Center donation 1424-9218-9400 94,750 ! 94,75~ OTO for Outlook ] 110-0100-8020 30,000 i 30,00~ Appro l~ansfer for Outlook i 110-1300-7014 - 19,1971 - 19,197 _ _A_._pl~r_ o tr _a~_sf~..for Outlook i 110-6100-5501 - 10,803 - 10,803 Appro transfer.for Outlook i110-0100-8020 30,000 30,000 WWII Memorial Donation ] 110.3300.7102 5,0001 5,000 Led traffic sign_a~ program ]420-9533-9300 140,000! 140,000 TDA Bollinger Road Bicycle Impvr i270-9443-9300 28,0241 28,024 TDA Foothill Blvd Bicycle Imptv 1270-9448-9300 100,000[ 100,000 "' ~l~tckberry Ixenching-IT i420.9536-7014 20,000 20,000 Federal He_s__Projects !420-9537-7014 16,000 16,000 Federal Hes Projects 1420-9538-7014 10,000 10,000 . ~F_e_d_e. _m_l Hes Projects i420-9539-7014 16,000 16,000 ._ Federal Hes Proje_cts i420.9539-7014 15,000 15,000 _. Federal Hes Projects [420-9541-9300 400,000 400,000 .... _Cleep state grnnt _ i 110-2403-9400 118,286 118,286 O..T~_ to IT for pw laptops 110-0100-8020 7,550. 7,550 _OTO to IT for pw_laptops 110-0100.8020 2,376] 2,376 ~000/0i-~tDJ~STED BUDGET" i 57,346,760 75,349,713 I Revenue Comparison I 7,000,000 - I S~les Tax 2 Property Tax 3 Utility Tax 8,000,000 - 4 Franchis~ & License S Other 7 lat~ownnn~ml 8 Charaes FOF Services 4,000.000 - 9 Fines & For~itures 10 Other R~-venue 0 I 2 3 4 $ 6 7 8 9 10 Expenditure Comparison 1 2 Law Enfofl:emeflt 4,000,000 3 CommuflJty 4 Admin. Sefl~e 5 RecreaUofl 8e~flce ? Pub]k~ WoOm 3,000,000 - BY'rD 0~28/~0 2,000,000 - BY'fD 02/28/01 0 1 2 3 4 5 6 COMPLIANCE WITH INVESTMENT POLICY City of CUpertino February 28, 2001 Category Standard Comment ':r~'Issues !No limit ]Complies US Agencies (eg FHLMC) iNo limit [Complies Medium Term Corporate Bends/Notes '.30% with A rating ]Complies LAIF 1520 million I Complies _M__~m_ e._y Market F _u?ds 120% iComplies Maximum Maturities [25% up to 15 years Complies (FI-ILMC at 9.$ Frs) " i Remainder up to S years Complies Per Issuer Max i10% (except govts) i Complies Bankers Acceptances i270 days & 40% iComplies _Co. _n~n.._ercial Paper ' 1 $% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements ,365 days Complies Reverse Repurchase agreements I Prohibited Complies RESOLUTION NO. 01-083 A RESOLLrrION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE DIKECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE A DESIGN AGREEMENT WITH DKS ASSOCIATES TO DEVELOP THE CUPERTINO ADAPTIVE TRAFFIC SIGNALS CONTROL SYSTEM PROJECT WHEREAS, DKS Associates has presented a proposal to thc City of Cupertino to develop the Cupertino Adaptive Traffic Signals Control System Project; and WHEREAS, DKS Associates will perfoim the design tasks with software pwgrams and data collection by subconsultants, Naztec and Wiltec in an amount not to exceed $805,000.00; and WHEREAS, thc provisions, terms, and conditions of thc aforementioned agreement have been ~viewed and approved by the City Attorney and the Director of Public Works. NOW, TI-I~REFORE, BE IT RESOLVED that the City Council of thc City of Cupertino hereby approves the aforementioned agreement and authorizes the Director of Public Works execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~ day of March, 2001, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino  City I hdl ~ I ¢}3¢X} 'l'orre Avunuu Cupertino. CA 95014 C]~ OF (408) 777-3212 CUPE INO ,4,,., OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER '~ AGENDA DATE ql2[O[ SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Todai Restaurant Location: 10123 Wolfe Road, #2001 Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place - Reason for Application: New license RECOMMENDATION There are no usc permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. Prepared by: Submitted by: Ci City Planner David Knapp, City Manager G:planning/miscJabctodai Printed on Recycled Pal~er State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 374679 100 Pasco de San Antonio Receipt Number: 1317752 Room 119 Geographical Code: 4.303 San Jose, CA 95113 Copies Mailed Date: 03=07~0! (408)277-1200 Issued Date: DISTRICT SERVING LOCATION: SAN .IOSI~. First Owner: TODAI FRANCgLqlNG LLC(.~,'~~' Name of Business: TODAI RESTAURANT Location of Business: 10123 WOLFE RD 2001 ~s0r_t~ IO~lUO3 eO~Jg~g CUPERTINO, CA 95014 OllO,O~VlO~u.tu,.U~a County: SAlVrA CL~P.A t00Z ~ - ~Vt~ Is premise inside 'city limits? Yes Mailing Address: 3?00 WILSIIIRE BLVD $60 C]~AI~9~ (If different from. LOS ANGELES, CA 90010 premises address) Type of license(s): 41 Transferor's license/name: NA / NA Dropping Partner: Yes No )(~ l.icense Type Transaction Type Fee Type Master Du~ Date Fee 41 ON-SALE BI~R AND ORIGINAL~-~: NA Y 0 03~02~01 $300.00 41 ON-SALE Bm~K AND ANNUAL ~-~;t~ NA Y 0 03102101 $205.00 Total $505.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations' of the Department pertaining to the Act? No Explain any 'Yes' answer to tim above qnestions on an attachment which shall be deemed pan of this application. Applicant agrees (al that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA Coun .ty of SANTA CLARA Da'e: March 2, 2001 Under penalty of I~jUty. en~h pmann whose sisnatore al~'s below, cettifisa and says: (I) He is an applicant, or one of the applicants, or on ,~xeeutive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the eontants thereof and that each of the above statements therein made n~ mm: (3) that an imreon other than tim applicant or applicants has any direct or indirect inte~st in t&e applicant or applicant's Imsinass to be conducted um~r tim iinansa(s) for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preeedins the day on which the transfer application is filnd with the Depnrtmant or to gain or samblish a prefe~nca to or for any creditor or transferor or to defraud or injure any creditor of transferor: (5) thut the transfer application may be withdrawn by either the applicant or the licansee with no rsaultins liability to the Department. Applicnnt Name(s) Applicant Signature(s) TODAI FRANCHISING I .'New L~cense / No ~-scrow By: KIM, Hyung M~n - Managing Member  City Hall _ 10300 Torte Avenue · Cupertino, California 95014 CITY OF Phone (408) 777-3312 CUPE INO {408 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER "~ [~ AGENDA DATE SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Dars Hideaway Location: 10095 Saich Way Type of Business: Beer and Wine Bar -- Type of License: On-Sale Beer and Wine for Public Premises On-Sale General for Public Premises Reason for Application: Person to person transfer Premise to premise transfer RECOMMENDATION There arc no usc permit restrictions or zoning restrictions which would prohibit this use, and staffhas no objection to thc issuance of the license. Prepared by: Submitted by: C , City Planner David Knapp, City Manager G :planning/misc/abcDARS Hideaway State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 TO: Department of Alcoholic Beverage Control File Number: 350313 100 Pasco de San Antonio Receipt Number: 13181'/6 Room 119 Geographical Code: 4.303 San Jose, CA 95113 Copies Mailed Date: March 6, 2001 (408)277-1200 DISTRICT SERVING LOCATION: SAN JOSI~. First Owner: LUTZ DARLENE ANN Name of Business: DAR8 ~IDEAWAY Location of Business: 10095 SAICH WAY CUPERTINO, CA 95014 County: SANTA CLARA Is premise inside city limits? Yes Mailing Address: 49~.6 RUE BORDEAUX (If different from SAN JOSE, CA 95136 premises address) Type of license(s): 42, 48 Transferor's license/name: 32163 /STICKNEY ENTEl Dropping Partner: Yes__ No License Type Transaction Type Fee Type Master ~ Date Fee 48 ON-SALE GENERAL I PERSON TO PERSON TRANSF p20 Y 0 0 3 / 0 6 / 01 $1,250.00 48 ON*SALEGENERAL1 PREMISE TO PREMISE TRANS P20 Y 0 03/06/0! $100.00 48 ON-SALE GENERAL I ANNUAL 1.1:~:~ P20 Y 0 03/06/01 $495.00 48 ON-SALE GENERAL ] EXCHANGE LICENSE P20 Y 0 03/06/01 $100.00 Total $1,945.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" nnswer to the above questions on an attachment which shell he deemed pm of this application. Applicant agrees (al that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and lb) that he will not violate or ~use or permit to be violated any of the provisions of the Alcoholic Beverage Control Act, STATE OF CALIFORNIA County of SANTA CLARA Date: March 6, 2001 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He ia an applienot, or one of the applicants, or an en¢cutive officer of the applicnnt corporation, named in the foresoins application, duly authorized to mahe this application on its behalf: {2) thet he has rend the foregoing nnd knows the contents thereof ned that each of the above statements therein made are true'- (3) that no person other thnn the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to he conducted under the lioanse(sl for which this application is made: (4) that the transfer application or ptopo~d transfer is not mede to satisfy the payment of a loan or to fulfill nn agreement entered into more than ninety 190) days preeadins the day on which the tmn~fes application is filed with the Depunmuot or to sain or establish a preference to or for any creditor or transferur or to defraud ot injure any creditor of tmnsfctor;, (5) that the transfer application may be withdrawn by either the applicant or the licensee with no reeulting liability to thc Department. Applicant Name(s) ~'~'fi'd'ant Signature(s)  City Hall 10300 Torte Avenue Cupertino, CA 950 ! 4-3255 -- (408) 777-3354 Cl~ OF FAX (408) 777-3333 CUPEILTINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 9 AGENDA DATE April 2, 2001 SUBJECT AND ISSUE Resolution No. 01-0~: Approving the first amendment to the 1996 Measure B Pavement Management Program Cooperative Agreement. BACKGROUND On May 3, 1999, the Council approved the 1996 Measure B Pavement Management Program Cooperative Agreement between the City and Santa Clara Valley Transportation Authority (VTA). This agreement was for measure B Pavement Management Program funds in the total amount of $1,801,294.00 which the City received and used to fund the Stevens Creek Blvd. and - Annual Overlay in 1999. This amendment will allow the City to receive funds fxom VTA for the Transportation Equity Act for the 21st Century' (TEA-21) First Cycle and Second Cycle fund that are now available. The First Cycle funds are $367,693.00 and the Second Cycle funds are $367,694.00 for a total available of $735,387.00. This money would be used to fund the City's Annual Overlay and Slurry Seal Programs to be constructed this summer. The total revised program allocation would be $2,536,681.00. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 01- 0gt~ , approving the first amendment to the 1996 Measure B Pavement Management Program Cooperative Agreement. Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager RESOLUTION NO. 01-084 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FIRST AMENDMENT TO THE 1996 MEASURE B PAVEMENT MANAGEMENT PROGRAM COOPERATIVE AGREEMENT WHEREAS, there has been presented to the City Council the "First Amendment to the 1996 Measure B Pavement Management Program Cooperative Agreement", between the Santa Clara Valley Transportation Authority (VTA) and the City of Cupertino; and WHEREAS, the First Amendment will allow the City to receive funds from VTA for the Transportation Equity Act for the 21't Century (TEA-21) First Cycle and Second Cycle fund; and WHEREAS, the provisions of the First Amendment have been reviewed and approved by the Director of Public Works and the City Attomey. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "First Amendment to the 1996 Measure B Pavement Management Program Cooperative Agreement" and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2~a day of April, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10300 Torre Avenue -- Cupertino, CA 95014-3255 · (408) 777-3354 CITY OF FAX (408) 777-3333 CUPERTINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ID AGENDA DATE April 2, 2001 SUBJECT AND ISSUE Resolution No. 01-0~5': Authorizing submittal of an application for Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program to fund the City-Wide Bicycle Parking Facilities Project from the City's guarantee of $51,789.00 BACKGROUND The Santa Clara Valley Transportation Authority is soliciting bicycle and pedestrian projects for funding under Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program for fiscal year 2001-2002. The following project types are eligible for TDA Article 3 Funding: · Design and construction of on and off-street bicycle parking projects---including, but not limited to, bicycle parking. · Design and construction of on and off-street pedestrian facility projects. · Maintenance of Class I bikeways (unlimited). · Maintenance of Class II bikeways (Countywide, the total funds allocated to Class I bikeway maintenance cannot exceed 20% of the total countywide TDA estimate) · Bicycle and pedestrian project development. · Bicycle Safety Education Programs (not more than 50% of the project's budget and not more than 5% of the countywide TDA Article 3 funds). · Comprehensive Bicycle and Pedestrian Facilities Plans (not more than once per jurisdiction every 5 years). · Annual TDA Article 3 audits. The City's gnorantee amount is $51,789.00. 1 I0-' I POnted on Recycled P&DOr PROJECT Staff is proposing the City-Wide Bicycle Parking Facilities Project for TDA funding: · Construction of off-street bicycle parking facilities at Monta Vista High School, De Anza College, Cupertino High School, and Homestead High School. The Cupertino Bicycle and Pedestrian Advisory Committee supports this project as per the Cupertino Bicycle Transportation Plan. There is a need to replace obsolete bicycle racks with standard ones. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 01- 0~5; supporting submittal of an application for Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program to fund the City-Wide Bicycle Parking Facilities Project. Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager 2 R SOLUTION NO. 01-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SUBMITTAL OF AN APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE AND PEDESTRIAN FUND PROGRAM TO FUND THE CITY-WIDE BICYCLE PARKING FACILITIES PROJECT WHEREAS, The Santa Clara Valley Transportation Authority is soliciting bicycle and pedestrian projects for funding under Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program for fiscal year 2001-2002; and WHEREAS, staff is proposing the City-Wide Bicycle Parking Facilities Project to construct off-street bicycle parking facilities at Monta Vista High School, De Anza College, Cupertino High School, and Homestead High School; WHEREAS, the City-Wide Bicycle Parking Facilities Project is eligible for TDA Article 3 Funding for a guaranteed amount of $51,789.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby authorizes submittal of an application for Transportation Development Act Article 3 Bicycle and Pedestrian Fund Program to fund the City-Wide Bicycle Parking Facilities Project. PASSED AND ADOPTBD at a regular meeting of the City Council of the City of Cupertino this 2~ day of April, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino  City Hall 10300 Tone Avenue _ Cupertino, CA 95014-3255 (408) 777-3354 CITY OF FAX (408) 777.3333 CUPE INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I ~ AGENDA DATE April 2, 2001 SUBJECT AND ISSUE Approval of appointment of Smart Chessen to the Bicycle and Pedestrian Advisory Committee. BACKGROUND Stuart Chessen has applied for an advisory appointment to the Bicycle and Pedestrian Advisory Committee. At its March 15, 2001 meeting, the Bicycle and Pedestrian Advisory Committee considered Mr. Chessen. It recommends that the City Council appoint him to the Bicycle and Pedestrian Advisory Committee. With the appointment of Mr. Chessen, the Committee will have one vacancy on this seven member advisory body. Staff is currently recruiting candidates to fill this vacancy. STAFF RECOMMENDATION Staff recommends that the City Council appoint Smart Chessen to the Bicycle and Pedestrian Advisory Committee. Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager Printecl on Recycled Paper ~'~l'- 10300 Tone Avenue Cupertino. CA 95014-3255 CITY OF Telephone: (408) 777-3220 CUPERJINO 40s 777. 366 DEPARTMENT OF ADMINISTRATIVE SERVICES SDMMARY Agenda Item No. 12, Meeting Date April 2, 2001 SUBJECT A_ND ISSUE Update grant signature authority for the City. BACKGROUND In order to apply for various State and Federal grants, the City must have an up-to-date listing of staff that are authorized to sign grant requests. The grant signature authority includes the City _. Manager, Public Works Director, and Administrative Services Director. RECOMMENDATION Staff recommends that the City Council approve the grant signature authority. Submitted by: Approved for Submission: Mysha Garcia ( ] David W. Knapp Emergency Ser~4a6s Coordinator City Manager RESOLUTION NO. 01-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SIGNATURE AUTHORITY FOR FEDERAL AND STATE GRANTS WHEREAS, In order to apply for various State and Federal grants, the City must have an up-to-date listing of staff authorized to sign grant requests; NOW, THEREFORE, BE IT RESOLVED: That the names, titles, and specimen signatures appearing below are hereby designated as Authorized Officials and are authorized to execute for and on behalf of the City of Cupertino, a public entity established under the laws of the State of California, applications and documents for the purpose of obtaining financial assistance. David Knapp, City Manager Ralph Quails, Public Works Director Carol Atwood, Administrative Services Director PASSED AND ADOPTED at a regular, meeting of the city council of the City of Cupertino this 2~ day of April 2001, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10300 Torte Avenue Cupertino, CA 95014-.3255 CITY OF Telephone: (405) 777-3220 CUPE INO F.: (408)777-3366 DEPARTMBNT O~ ADMINISTRATIYR SER¥1CE$ SUMMARY Agenda Item No. ] ~ Meeting Date: April 2, 2001 SUBJECT AND ISSUE Memorandum of Understanding between San Jose State University Foundation and the City of Cupertino to support regional collaborative effort by local governments, businesses, non-profits and academia to mitigate potential disasters. BACKGROUND The Collaborative'for Disaster Mitigation (CD]VD was established at San Jose State University so that local governments, businesses, non-profits, and academia could work in partnership to achieve high levels of disaster mitigation, thus reducing the consequences of any disaster that - might occur in the greater Silicon Valley region, including Santa Clara and San Mateo counties. The need for the collaborative approach to disaster mitigation was articulated during a June 29, 1999 meeting of representatives from local governments, state government, NASA-Ames Research Center, and businesses. It was the consensus of that gathering that by taking a collaborative approach, economies of scale could be achieved, thus reducing financial and personnel burden on any on organization. This group also felt that it would be most appropriate to have the university take the leade~hip role. The City has been involved in several meetings related to the CDM with the Emergency Services Coordinator participating in the User's Group. The Emergency Preparedness Council of Santa Clara County, comprised of representatives from all cities in the county, approved a similar MOU with San Jose State University Foundation. USE OF FUNDS The City will not incur any fiscal impact or obligation by signing this MOU with San Jose State University Foundation. RECOMMENDATION Staff recommends that the Council authorize the City Manager to sign the M0U with San Jose State University Foundation regarding the Collaborative for Disaster Mitigation. Submitted by: Approved for Submission: David W. Knapp Emergency Serv~'c~s Coordinator City Manager MEMORANDUM OF UNDERSTANDING BETWEEN SAN JOSE STATE UNIVERSITY FOUNDATION AND THE CITY OF CUPERTINO THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated April 2, 2001 ("Effective Date"), is entered into by SAN JOSE STATE UNIVERSITY FOUNDATION and the CITY OF CUPERTINO in support of the efforts of the "Collaborative for Disaster Mitigation," hereinafter referred to as the Collaborative, a project of the SAN JOSE STATE UNIVERSITY FOUNDATION. A. Purpose and Effect The signing of this MOU expresses the intention of SAN JOSE STATE UNIVERSITY FOUNDATION and the CITY OF CUPERTINO to work cooperatively as part of the Collaborative in the areas described in Section B, Collaborative Mission and Scope of Activities. Collaborative activities will include regular participation in and active contribution to the Users Group, the Advisory Council, and other related activities. Both parties agree that separate agreements regarding specific activities of the Collaborative may be required. However, neither party will be liable to the other for any breach of the terms hereof, nor for failure to reach any future agreement or agreements. It is anticipated that both parties will benefit from the research, education, and implementation assistance activities of the Collaborative. B. Collaborative Mission and Scope of Activities The Mission of the Collaborative is to reduce the loss of life and property damage due to, and accelerate economic recovery from, natural and other disasters by working in partnership with local governments, businesses, academia and non-profits to achieve high levels of practical, cost effective hazard mitigation implementation and more effective community response. The Scope of Activities of the Collaborative shall include the following: I. Optimize risk reduction activities through economies of scale, achieving expedient and cost effective implementation for individual jurisdictions. 2. Serve as an information clearinghouse that will undertake data collection and timely dissemination of information. 3. Assess latest technologies, including information technology~ for risk reduction, emergency preparedness and recovery applications. Transfer latest technology by converting ongoing research results into a usable format. 4. Disseminate infoi,~ation to public/private sector and residents, to increase public awareness. 5. Provide professional development, including academic curricula, s~minars, workshops, training courses and exemises. Collaborative Disaster Mitigation MOU Page 2 6. Serve as a multidisciplinary resource to local jurisdictions, schools and businesses. 7. Provide assistance to, and/or collaborate with, local/regional jurisdictions in identifying and obtaining resources for mitigation implementation. 8. Undertake cost benefit analyses and documentation of key mitigation approaches so that mitigation techniques can be prioritized, incentives can be developed and barriers removed. 9. Develop cost-effective mitigation techniques for abating primary and secondary effects of disasters. 10. Apply concepts and practices of sustainable development to the disaster mitigation and recovery process. Participants representing the CITY OF CUPERTINO will serve as members of the Collaborative's Users Group, Advisory Council, and other specifically related projects to provide input and make recommendations on activities contemplated or undertaken by the Collaborative. C. MOU General Considerations 1. Fees or Funding. Any fees or funding in connection with the activities contemplated by this MOU will be negotiated separately and are not a requirement of this MOU. 2. No Obligation of Funds. All activities under or pursuant to this MOU are subject to the availability of appropriated funds, and no provision herein shall be interpreted to require obligation or payment of funds.' This MOU is not a funding document and does not represent the obligation or transfer of funds. 3. Definitive Agreements. The execution of any agreement regarding coordinated or collaborative activities as described in this MOU, will not act to bind the parties with respect to any other matters not expressly covered by such agreement. The parties agree that this MOU is independent of any other contract or agreement between the CITY OF CUPERTINO and the SAN $OSE STATE UNIVERSITY FOUNDATION. 4. Confidential Information. Neither party hereto will disclose confidential or proprietary information received as a result of this MOU except pursuant to an agreement duly executed by both parties or as a result ora court order or other legal obligation. 5. No Assignment. Neither party shall assign any fights or obligations arising pursuant to this MOU to third parties without prior written approval of the other party. 6. Points of Contact. The personnel listed under this section are designated as the principal points of contact between the parties in the execution of this MOU. 13-q Collaborative Disaster Mitigation MOU Page 3 Technical Contacts: Dr. Guna Selvaduray Marsha Garcia Director Emergency Services Coordinator One Washington Square 10300 Tone Avenue College of Engineering Cupertino, CA 95014 San Jose State University (408) 777-3335 (408) 924-3478 7. Duration. The period of this MOU shall be February 1, 2001 through January 30, 2003 unless termination of the MOU occurs in accordance with the provisions of paragraph 8. 8. Termination. Either party may temtinate this MOU before the date provided in paragraph 7, by written notice to the other party thirty (30) days before the desired date of termination. The terminating party will not incur any liability to the other party for tesminating this MOU. IN WITNESS WHEREOF, the parties do hereby execute this MOU effective as of the date first above written. SAN JOSE STATE UNIVERSITY CITY OF CUPERTINO FOUNDATION, SAN JOSE, CA Mary Sidney David W. Knapp Chief Operating Officer City Manager  City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 CITY OF FAX: (408) 777-3366 CUPEILTINO kimberlys cupertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. 1~ Meeting Date: April 2, 2001 SUBJECT AND ISSUE Authorize fine arts grants for Spring 2001 as recommended by the Fine Arts Commission. BACKGROUND Twice each year the Fine Arts Commission solicits grant proposals from artists and reviews those applications for cultural projects that provide a direct benefit to the citizens of Cupertino. A total of $12,000 was available for grants for fiscal year 2001-2002. By November 2000, a total of $9,500 had been awarded to the Chinese Performing Artists of America~ the Cupertino Cherry Blossom Festival, and the California Youth Symphony. The Euphrat Museum of Art was given $6,000 for their pwgrams, which include the Arts in Schools program and the annual Euphrat Family Day. For thc spring grant cycle, the Fine Arts Commission received these two applications:. $1,000 Carol Gerwilz Funding to cover the costs of presenting a free Bay Area Showcase barbershop harmony concert for Cupertino residents at 3164 Arroba Way the Quinlan Center in the Fall of 2001. San Jose, CA 95118 $30,000 or Wun Mark Funding to cover the support of a long-term mission to maximum South Bay Cantonese Opera preserve and perpetuate a ~raditional performing art that amount allowed P.O. Box 70554 dates back more than 5,000 years. The art form Sunnyvale, CA 94086 represents ancient Chinese culture, symbolism, Iradition (408) 398-5180 and history. Chinese opera includes singing, acting, music, dance, pantomime, acrobatics, and martial arts. Printed on Recycled Paper April 2, 2001 Fine Arts Grants Page 2 The commission recommends awarding $1,000 to the Bay Area Showcase. They recommend that grant funds not be awarded at this time for the South Bay Cantonese Opera until it can demonstrate a specific benefit to the residents of Cupertino, such as a local performance or subsidized tickets for seniors or students. RECOIVIMENDATION: That City Council authorize the award orS1,000 for a fine arts grant fund for the Bay Area Showcase. Submitted by: Approved for submission: Kimberly SmithCY David Knapp City Clerk City Manager .~ City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 CITY OF Fax: (4011) 777-33~6 CUPE INO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ~' Meeting Date: April 2, 2001 SUBJECT AND ISSUE A public hearing on the 2001/02 user fees. Adjustments are proposed for various fees which reflect cost of processing and/or market rates. BACKGROUND All user fees are reviewed each year in conjunction with the preparation of the budget. Our goal is to ensure that, to the extent possible, fees cover the cost of providing services. Several changes are proposed this year, which primarily adjust for cost of living increases. Specific proposals are: General Fees: · Fees have been increased by 6.5 percent to reflect cost of living increases. Engineering Fees: · Fees have been increased by 6.5 percent to reflect cost of living increases. · Telecommunications Facility Fee to cover the installation and occupancy for installations in the fights-of-way in accordance with the 1996 Telecommunications Act has been added to the fee schedule. Planning Fees: · Fees have been increased by 6.5 percent to reflect cost of living increases. RECOMMENDATION: The recommended adjustments to user fees provide for recovery of the cost of City services, confo,, to our budget revenue guidelines, and become effective on July 1, 2001. Staff recommends that the City Council approve the proposed fees. Submitted by: Approved for submission: David W. Knapp Director of Administrative Services City Manager i5--I Printed on Recycled Paper RESOLUTION NO~ 01-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 00-120 AND ESTABLISHING USER FEES WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; NOW, THEREFORE, BE IT RESOLVED that: 1. User fees are established per attachments A through E. 2. All user fees previously established by Council action or resolution are hereby superseded. 3. User fees are effective July 1, 2001. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of April, 2001 by the following vote: Vote. Member~ of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPERTINO SUMMARY OF USKR Resolution 01-087/April 2, 2001 · -- Fees Effective July 1, 2001 Department Schedule General A Engineering B Planning C Building D Recreation E CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule A - General Copy Service - per sheet $0.10 Microfilm/Microfiche Printout $0.$0/frarne Returned Check Charge $20.00 Late Payment on 30 Day Delinquent City 7% per annum Invoices Property Liens Administrative Fee $30 per book/block/parcel lien Municipal Code Book $76.00 Williamson Act Filings $104.00 Tape Dubbing - Audio or Video (VIIS) Full Tape $20.00/tape Selective Dubbing $24.00/tape Fingerprinting Processing State Fee $32.00 Plus $12.00 City Administrative Fee Handbill Permit $86.00 Solicitor Permit $86.00 Plus $44.00 Fingerprinting Fee Massage Establishment Administrative Fee $76.00 Duplicate Business Licenses $5.00 Taxi Driver Permits - Administrative Fee $10.00 Library Community Room Use Fee $25.00 Non-Refundable Fee $100.00 Cleaning Deposit Business License Exemption Administrative Fee $35.00 Business License Database $100.00 New Business Monthly Reports 15.00/month Dangerous Dog Registration Fee Annual Registration $170.00 Sign Removal (Public Right-of-Way) $5.00/sign 1 CITY OF CUPERTINO Resolution 01-08'HApr[l 2, 2001 Fees Effective July l, 2001 '-- Schedule A - General (continued) GIS Maps Standard pre-formatted maps $15.00/map Customized maps (based on complexity) $50.00-100.00 Data on CDROM $15.00 Police Disturbances Actual Cost * Abatement Fee Actual Cost * Research Fee (For information requests ' Actual Cost * greater than 1/2 hour.) Graffiti Cleanup Actual Cost * Damage to City PropeTty Actual Cost * Grounds Streets Facilities Traffic - Engineering Traffic - Maintenance Code Enforcement Actual Cost * * Actual cost is: 1) Employee hourly rate plus 40% for benefits and overhead, and 2) cost of materials, contractors and supplies. CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule B - Engineering Street Cuts Permit to excavate in public right-of-way (improvement costs up to $216.00 $3,300). P¢,,,,it to excavate in public right-of-way (improvement costs 5% of over $3,300) Improvement Costs Grading Permit To insure grading conforms to City ordinances and council approvals. Minimum Fee or 6% of Improvement Value $182.12 Parcel Map/Tract Maps To insure maps conform to state map act and council appwvals. Parcel Map $493.00 1-4 lots Tract Map $493.00 + $10.65 each lot over 4 Plan Checking and Inspection Review only (no permit issued) $344.00 Permit Fee or $2,268.00 Residential 5% of Site Improvement minimum Commercial/Office/Industrial 6% of Site Improvement Annexation (plus county filing fees) $665.00 Certificates of Compliancc To verify lots were not created in violation of local ordinances or state map act. $698.00 Encroachment P~, mit $160.00 Residential $204.00 Non-Residential To allow private facilities or improvements to be placed in public right-of-way. To allow a storage box to be placed in public right-of-way. $160.00 Residential CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule B - Engineering (continued) Lot Line Adjustment $360.00 City must verify that lots after adjustment conform to zoning and setbacks. Power Cost Developer is responsible for one year power cost for streetlights. The latest effective PG&E rate schedule approved by the PUC. Soil and Geology Report $30.00 Sho~ Report Plus any materials/service fees. $179.00 Long Report Engincer/ng Copies Microfiche 7.70/copy Engineering Copies 8.80/copy Microfilm 9.85/copy Blueline 4.50/copy Banners $282.00 Transportation Permit State Fee ($16.00 Single) State Fee ($90.00 Annual) Telecommunication Facility Fee (5% increase per year) Installation Rate $1.50/lineal foot of conduit/year Occupancy Rate $0.?5/lineal foot of le~sed conduit/y~ar 4 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2002 Schedule C - Definition of Planning Fee Services Full Application An application which typically involves all steps of the development review process including Pre- application Review, Environmental Review Committee, the Planning Commission, and the City Council. The application requires an advertised public hearing before the Planning Commission and a public hearing or agendized review before the City Council. Applications requiring the preparation of an Environmental Impact Report (EIR) are included in this category. The application fee for particularly complicated applications and those requiring the preparation of an EIR will be based upon an hourly rate as described in the fee schedule. Limited Application An application which involves all steps of the development review process outlined in the Full Application description with the exception of the City Council. Minor Application An application which involves minimal steps in the review process and is exempt from the California Environmental Quality Act. The staff evaluation and report preparations are less extensive. The application'requires Plauning Commission review. Miscellaneous Application An application which typically involves a non-noticed review by the Planning Commission. The application does not typically require pre-application meetings or Environmental Review and involves minimal staff preparation. Examples of this application are interpretation or clarification of conditions of approval or ordinance requirements, sign exceptions, fence exceptions, and tentative map and use permit extensions. Appeal A request from the project applicant or interested party to reverse or amend a decision made by staff or an advisory body. An appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and thc City Council members are exempted from thc fee requirement. Directors Application An application which receives final approval by staff either via an advertised public hearing or non-hearing format. The application may involve a pre-application meeting and/or Environmental Review committee review. CITY OF CUPERTII~O Resolution 01-09?/April 2, 2001 Fees Effective July 1, 2001 Schedule C - Definition of Flanning Fee Services (continued) Temporary Sign Permit A staff review of a temporary sign application which includes an evaluation of the sign r~qucst, the entry into the temporary log and site review by Code Enforcement Officers. The permit fee is in addition to the submittal of a deposit to guarantee removal of the sign upon expiration of the temporary permit. Housing Mitigation Fee Fee collected is used to construct new affordable residential units for Cupertino residents and employees. The fees mitigate the need for affordable units caused by expanding offices creating new jobs and new residential development, office, R&D, industrial and residential development. NOTES: Combined applications which are processed simultaneously (i.e., filed at the same time) will be classified based on highest rating. Mixed use applications will be classified based upon the highest intensity and review process. The Director of Community Development will have discretion to classify projects based upon the above criteria. CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule C - Planning Full Application Zoning $2,540.00 Tentative Map $2,540.00 Use Permit $2,079.00 Applicable base fee plus hourly staffrate in excess of 48 hours $49.00 Limited Application Use Permit . $1,459.00 Tentative Map $1,564.00 Amendment $1,203.00 Minor Application Use Permit $1,403.00 Tentative Map $1,403.00 Hillside Exception $1,336.00 Miscellaneous Application General $526.00 Architectural and Site Approval $449.00 Sign/Fence/Height Exception $188.00 Tentative Map and Use Permit Extension $510.00 Planning Commission Interpretation $432.00 R- 1 Design Review/Exception/Second Story Deck $561.00 Director Tentative Map - Lot Consolidation $881.00 Variance $970.00 Minor Amendment/Temporary Use Permit $199.00 Temporary Sign Permit $43.00/ calendar year Appeal Amount to be refunded if appeal is granted. $138.00 Housing Mitigation In-Lieu Fees Residential $1.07/sq. ft. Office/Industrial/R&D $2.13/sq. ft. Stevens Creek Blvd. Specific Plan Fee $.048/sq.ft. 7 CITY OF CUPERTINO Resolu~ioa 01-0~7/Ap~l 2, 2001 Fees Effe~e July 1, 2001 Schedule C - Planning (continued) General Plan Amendment Direct costs for staff, consultants, and materials. Sign $2,479.00 agreement before application is accepted. (Retainer) Development Agreement Direct cost of City Attorney plus full application zoning fee. $2,479.00 Sign agreement before application is accepted. (Retainer) 8 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. FT. COST PER NEW SQ. FT. l. APARTMENT HOUSES *Type I or II F.R. $37.87 $115.26 Type V - Masomy or Type III $31.22 $ 93.68 Type V - Wood Frame $28.87 $ 86.56 Type I - Basement Garage. $18.31 $ 39.55 2. AUDITORIUMS Type I or 11 F.R. $39.37 $110.63 Type II - 1-Hour $28.87 $ 80.12 Type 11 * N $28.83 $ 75.82 Type 111 ~ l-Hour $28.87 $ 84.18 Type 111 - N $28.87 $ 79.89 Type V - l-Hour $28.87 $ 80.57 Type V - N $28.63 $ 75.14 3. BANKS *Type 1 or 11 F.R. $50.00 $156.23 Type 11 - l-Hour $49.81 $115.15 Type 11 - N $49.75 $111.42 Type 111 - l-Hour $51.03 $127.13 Type 111 - N $50.97 $122.49 Type V - 1-Hour $40.52 $115.15 Type V - N $40.48 $110.29 4. BOWLING ALLEYS Type II - l-Hour $24.13 $ 53.79 Type 11 - N $24.13 $ 50.29 Type 111 - 1-Hour $24.15 $ 58.53 Type 111 - N $24.13 $ 54.81 Type V- 1-1 Hour $24.10 $ 39.55 5. CHURCHES Type I or I1 F.R. $35.51 $104.75 Type 11 - 1-Hour $28.84 $ 78.54 Type 11 - N $28.83 $ 74.69 Type 111 - 1-Hour $28.87 $ 85.43 Type 111 - N $28.87 $ 81.70 Type V - l-Hour $28.87 $ '~9.89 Type V - N $28.83 $ 75.15 *Add 0.5 percent to total cost for each story over three **Deduct 11 percent for mini-warehouses ***Deduct 20 percent for "shell only" buildings The Building Official is authorized to implement new Building Valuation Schedules approved by the I.C.B.O. 9 CITY OF CUPERTINO Resolution 01-08?/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. I~F. ' COST PER NEW SQ. FT. 6. CONVALESCENT HOSPITALS *Type I or 11 F.R. $51.14 $146.90 Type 11 l-Hour $37.03 $101.93 Type 111 - l-Hour $37.03 $104.$3 Type V - 1-Hour $36.99 $ 98.54 7. DWELLINGS Type V - Masonry $34.66 $102.27 Type V - Wood Frame $34.66 $ 97.52 Basements Semi-Finished $14.92 $ 24.52 Unfinished $14.92 $ 18.76 8. FIRE STATIONS Type I or 11 F.R. $40.46 $120.80 Type 11 - l-Hour $30.89 $ 79.44 Type 11 - N $30.86 $ 74.92 Type 111 - l-Hour $30.89 $ 87.01 Type 111 - N $30.89 $ 83.28 Type V - l-Hour $30.93 $ 81.59 Type V - N $30.86 $ 77.41 9. HOMES FOR THE ELDERLY Type I or 11 F.R. $38.20 $109.50 Type 11 - l-Hour $30.89 $ 88.93 Type 11 - N $30.89 $ 85.09 Type 111 - l-Hour $30.93 $ 92.55 Type 111 - N $30.90 $ 88.82 Type V - l-Hour $30.90 $ 89.50 Type V - N $30.89 $ 86.33 10. HOSPITALS *Type I or 11 F.R. $59.42 $172.33 Type 111 - 1-Hour $49.97 $142.61 Type V - l-Hour $46.44 $136.05 *Add 0.5 percent to total cost for each story over three **Deduct 11 percent for mini-warehouse ***Deduct 20 percent for "shell only" buildings ****Add 25% for hazardous occupancy or high tech The Building Offieiai is authorized to implement new Building Valuation S~hednles approved by the I.C.B.O. 10 IC'-13 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. FT. COST PER NEW SQ. FT. 11. HOTELS AND MOTELS *Type 1 or 11 F.R. $38.09 $106.67 Type I 11 - 1-Hour $35.78 $ 92.32 Type 111 - N $30.03 $ 88.03 Type V - l-Hour $30.06 $ 80.46 Type V - N $30.03 $ 78.76 12. INDUSTRIAL PLANTS **** Type 1 or 11 F.R. $23.05 $ 60.12 Type 11 - 1-Hour $23.00 $ 41.81 Type 11 - (Stock) $23.00 $ 38.42 Type 111 - 1-Hour $23.02 $ 46.10 Type 111 - N $23.02 $ 43.39 Tilt-Up $23.02 $ 31.64 Type V - l-Hour $23.02 $ 43.39 Type V - N $23.00 $ 39.78 13. JAILS Type I or 11 F.R. $58.24 $167.92 Type 111 - 1-Hour $54.79 $153.57 Type V - l-Hour· $44.02 $115.15 14. L/BRARl~S Type 1 or 11 F.R. $42.86 $122.83 Type 11 - 1-Hour $30.03 $ 89.84 Type 11 - N $30.03 $ 85.43 Type 111 - 1-l-Hour $30.06 $ 94.92 Type 111 - N $30.06 $ 90.17 Type V - l-Hour $30.06 $ 89.27 · Type V - N $30.03 $ 85.43 15. MEDICAL OFFICES **** Type 1 or 11 F.R. $51.02 $126.11 Type 11 - 1-Hour $38.16 $ 97.29 Type 11 - N $38.16 $ 92.43 Type 111 - l-Hour $38.20 $102.49 Type 111 -N $38.16 $ 98.31 Type V - l-Hour $38.16 $ 95.15 Type V - N $38.16 $ 91.87 *Add 0.5 percem to total cost for each story over three **Deduct I I percent for mini-warehouse ***Deduct 20 p~rcent for "shell only" buildings ****Add 25% for hazardous or high tech occupancies The Building Official is authorized to implement new Building'Valuation Schedules approved'by the I.C.B.O. 11 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees EffeCtive July 1, 2001 Schedule D - Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. Fr. COST PER NEW SQ. v-r. 16. OFFICES Type 1 or 11 F.R. $46,36 $112.66 Type 11 - l-Hour $31,15 $ 75.48 Type 11 -N $31.15 $ 71.87 Type 111 - 1-Hour $31,18 $ 81.47 Type 111 -N $31,22 $ 77.97 Type V - 1-Hour $31.15 $ 76.28 . Type V - N $31.15 $ 71.87 17. PRIVAT~ GARAGES Wood Frame $14.92 $ 25.65 Masonry $14.92 $ 28.93 Open carports/covered decks/porches $10.30 $ 17.52 Uncovered decks $10.12 $ 15.50 18. PUBLIC BUILDINGS Type I or 11 F.R. $53.31 $130.18 Type 11 - l-Hour $40.48 $105.43 Type 11 - N $40.43 $100.80 Type 111 - 1-Hour $40.52 $109.61 Type 111 - N $40,48 $105.66 Type V - 1 -Hour $40.43 $100.23 Type V - N $40.43 $ 96.62 19. PUBLIC GARAGES Type I or 11 F.R. $23.05 $ 51.64 Type I or 11 Open Parking $23.00 $ 38.76 Type 11 - N $23.00 $ 29.94 Type 111 - 1-Hour $23.00 $ 39.10 Type 111 - N $23.00 $ 34.84 Type V -l-Hour $23.00 $ 35.60 20. RESTAURANTS *Type I I l - 1-Hour $57.85 $102.83 Type 111 - N $57.85 $ 99.33 Type V - l-Hour $52.08 $ 94.13 Type V - N $49.58 $ 90.40 *Add 0.5 percent to total cost for each story over three **Deduct 11 percent for mini-warehouse ***Deduct 20 percent for "shell only" buildings ****Add 25% for hazardous or high tech occupancies The Building Official is authorized to implement new Building Valuation Seheduies approved by the I.C.B.O. 12 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. FT. COST PER NEW SQ. FT. 21. SCHOOLS Type I or 11 F.R. $57.98 $117.41 Type 11 - 1-Hour $42.71 $ 80.12 Type 111 - 1-Hour $42.71 $ 85.65 Type 111 - N $40.39 $ 82.49 Type V - 1-Hour $40.39 $ 80.34 Type V - N $40.34 $ 76.61 22. SERVICE STATIONS Type 11 - N $39.81 $ 70.96 Type 111 - l-Hour $39.82 $ 73.90 Type V - 1-Hour $39.77 $ 62.94 Canopies $39.68 $ 29.61 23. STORES *Type I or 11 F.R. $35.79 $ 87.01 Type I 1 - l-Hour $32.24 $ 53.22 Type 11 - N $32.28 $ 51.98 Type 111 - l-Hour $32.32 $ 64.75 Type 111 - N $32.28 $ 60.68 Type V - I Hour $32.25 $ 54.47 Type V - N $32.24 $ 50.40 24. THEATERS Type I or 11 F.R. $46.36 $115.94 Type 111 - 1-Hour $33.46 $ 84.41 Type 111 - N $32.39 $ 80.46 Type V - 1-Hour $31.15 $ 79.44 Type V - N $29.99 $ 75.15 25. WAREHOUSES** Type 1 or 11 F.R. $32.24 $ 52.09 Type I 1 or V-l-Hour $16.10 $ 30.96 Type 11 orV-N $16.10 $ 29.15 Type 111 - 1-Hour $16.10 $ 35.14 · Type 111 -N $16.09 $ 33.45 *Add 0.5 percent to total cost fur each story over three **Deduct 11 percent for mini-warehouse ***Deduct'20 percent for "shell only" buildings ****Add 25% for hazardous or high tech occupancies The Building Official is authorized to implement new Building Valuation Schedules approved by the I.CALO. ~ OF C~PERT~O Resolution Ol-Of~?lApril 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Valuation Schedule EQUIPMENT AND AIR CONDITIONING Commercial $ 4.41 Residential $ 3.73 Sprinkler Systems $ 2.77 RETAINING WALLS, PER SQ. l~r. (HEIGHT X LENGTH) AREA ABOVE GRADE Masonry $ 26.79 Concrete $ 23.58 The Building Official is authorized to implement new Building Valuation Schedules approved by the LC.B.O. Address Changes $245.00 14 Is'- r:/- CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building Permit Permit Valuation $1 - $3,000 $77.00 $3,001 - 25,000 $87.00 for the first $3,000 plus $10.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001 - 50,000 $300.00 for the first $25,000 plus $8.00 for each additional $1,000 or fraction thereof, to and including $50,000. $50,001 - 100,000 $500.00 for the first $50,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 - 500,000 $788.00for the first $100,000 plus $4.00 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 - 1,000,000 $2,609.00 for the first $500,000 plus $3.00for each additional $1,000 or fraction thereof, to and including $I,000,000. $1,000,001 - $4,440.00 for the first $1,000,000 and up plus $2.00 for each additional $1,000 or fraction thereof. PLAN CHECKING Structural and Non-Structural 85% of building permit fee for each plan submitted. Each additional identical repeat plan for multi-unit residential developments will be assessed at $22.20 cach unit. Energy 30% of building permit fee for each plan submitted. Each additional identical repeat plan for multi-unit residential developments will be assessed at $22.20 each unit. Repeat plan checks that exceed 2 reviews will be charged an hourly rate at $55.50 per hour. 15 /6-'-/3' CITY OF CUPERTII~O Resolution 01-08?/April 2, 2001 Fees Effective July 1, 2001 -- Schedule D - Building - Electrical Fees New Residential Buildings and Remodels that add additional squaFe footage The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises consl~ucted at the same time. Permit Fee $35.52 New multi-family residential buildings (ap~u h~nts and condominiums) having three or more living units not including the area of garages, carports and other non-commercial automobile storage areas constructed at the same time, per square foot $ 0.06 New single and two-family residential buildings not including the area of garages, carports and other minor accessory buildings consh-ucted at the same time, per square foot $ 0.07 For other types of residential occupancies and alterations, additions and modifications to existing residential buildings, use the UNIT FEE SCHEDULE New commercial buildings and completely remodeled spaces not including the Area of garages, per square foot $ 0.12 Commercial alterations and modifications to existing buildings, use the Unit fee schedule CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Electrical UNIT FEE SCHEDULE Remodel - No additional square footage Permit Fee $ 35.52 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; counter mounted cooking tops; electric ranges, self-contained room console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers washing machines; water heaters; clothes dryers; or other motor operated appliances not exceeding one horsepower (HP) in rating each $ 4.44 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Non-Residential Appliances For residential appliances and self-contained factory-wired, non-residential appliances non exceeding one horsepower (HP), kilowatt (KW), or kilovotamperc (KVA) in rating including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $ 4.44 NOTE:For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Services For services of 600 volts or less and not over 200 amperes in rating, each $ 22.20 For services of 600 volts or less and over 200 amperes to 1,000 amperes in rating, each $ 44.40 For services over 600 volts over 1,000 amperes in rating, each $ 88.80 17 CITY OF CUPERTI~qO l/esolufion 01-087/Aprll 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Electrical USER FEE SCHEDUL~ (continued) Remodel - No additional square footage Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each $ 22.20 For additional branch circuits within the same sign, outline lighting system or marquee, each $ 4.44 Miscellaneous Apparatus, Conduits, Conductors, and Special Circuits For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $ 25.$3 Power Device/Apparatus "For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatuses, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): I unit $ 44.40 2 through 5 units, each additional $ 16.65 6 and over, each additional $ 1 1.10 NOTE: I. For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2.These fees include all switches, circuit breakers, contractors, thermostats, relays and other directly related control equipment. CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Electrical UNIT FEE SCHEDULE (continued) Remodel - No additional square footage Busways For trolley and plug-in-type busways, each 100 feet or fraction thereof $6.11 Note: An additional fee will be required for lighting fixtures, motors and other appliances that are connected to trolley and plug-in-type busways. No fee is required for portable tools. Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, feeders and meters. First 20 each $1. I 1 Additional outlets, each $0.67 NOTE: For multi-outlet assemblies, each 5 feet or fraction thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp holding devices First 20 each $1.11 Additional fixtures, each $0.67 For pole or platform-mounted lighting fixtures each $1.11 For theatrical=type lighting fixtures or assemblies each $1.11 CITY OF CUPER'~'~O Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Mechanical Fees New Residential Buildings and Remodels that add additional square footage. The following fees shall include all mechanical equipment in or on each building, or other mechanical equipment on the same premised constructed at the same time. New multi-family residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other non-commercial automobile storage areas conslructed at the same time, per square foot $0.06 New and single and two-family residential buildings not including the area of garages, carports and other minor accessory buildings constructed at the same time, per square foot $0.07 For other types of residential occupancies and alterations and modifications To existing building, use the unit fee schedule New commercial buildings and completely remodeled spaces not including The area of garages, per square foot $0.12 Commercial alterations and modifications to existing buildings, use the unit Fee schedule CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Mechanical Fees UNIT FEE SCHEDULE Remodels - No additional Square Footage Permit Fee $ 35.52 For thc repair of alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, VAV boxes, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this Code. $ 12.21 For each air-handling unit, A/C units, heat pumps to and including 10,000 cubic feet per minute, including ducts attached thereto. Does not apply to central type. $ 8.33 NOTE: This fee shall not apply to an air-handling unit that is a portion ora factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this Code. For each air-handling unit A/C unit, heat pump over 10,000 cfm $ 14.43 For the installation or relocation of each commercial or industrial-type hood $127.65 For thc installation of each residential hood that is served by a mechanical exhaust, including the ducts for such hood $ 8.33 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h $ 12.21 For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit $ 8.33 For each ventilation fan connected to a single duct $ 6.11 For the installation or relocation of each forced air or gravity type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h $ 14.43 CITY OF CUPERTINO Resolution.01=08?/April 2, 2001 Fees Effective July 1, 2001 Schedule D = Building - Mechanical Fees UNIT FEE SCUI~DULE (continued) Remodels - No additional Square Footage For the installation or relocation of each floor furnace, including vent $12.21 For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater $12.21 For the installation, relocation or replacement of each appliance vent installed and not included in an appliance p~mfit $ 6.11 For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h $12.21 For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h $22.20 For the installation or relocation of each boiler or compressor over 15 -- horsepower to and including 30 horsepower, or each absorption system over $00,000 Btu/h to and including 1,000,000 Btu/h $31.08 For the installation or relocation of each boiler or compressor over 30 horsepower to and including $0 horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h $45.51 For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h $77.70 For each appliance or piece of equipment regulated by this Code but not classed in other appliance categories, or for which no other fee is listed in this Code $ 8.33 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building o Plumbing Fees New Residential Buildings and Remodels that add additional square footage The following fees shall include all plumbing equipment in or on each building, or other plumbing equipment on the same premises constructed at the same time. New multi-family residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other non-commercial automobile storage areas constructed at the same, per square foot $0.06 New single and two-family residential buildings not including the area of garages, carports and other minor accessory buildings constructed at the same time, per square foot $0.07 For other types of residential occupancies and alterations and modifications To existing building, use the unit fee schedule New commercial buildings and completely remodeled spaces not including The area of garages, per square foot $0.12 Commercial alterations and modifications to existing buildings, use the unit fee schedule CITY OF Resolution 01-0S? April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Plumbing Fees UNIT FEE SCI~R. DUI.F. Remodel - No additional Square Footage Permit Fee $35.52 For installation, alteration or repair of water piping water treating equipment $ 8.33 For repair or alteration of drainage or vent piping, floor, area, condensate piping $' 8.33 For each plumbing fixture or trap or set of fixtures on one flap (including water, drainage piping and backflow protection therefor) $ 8 For each gas piping system of one (1) to four (4) outlets $ 4.44 For each gas piping system of five (5) or more, per outlet $ 1.11 For each industrial waste pre-treatment interceptor, including its trap and vent, excepting kitchen type grease traps functioning as fixture traps $16.65 ~' Kitchen type trap and/or system $ 8.33 For each building sewer, sanitary sewer, and each trailer park sewer $19.98 Storm/rainwater systems per drain $ 8.33 For each water heater and/or vent $ 9.99 Water service $ 8.33 Re-pipe per fixture $ 8.33 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule D - Building - Plumbing Fees UNITS FEE SCHEDULE Remodel - No additional Square Footage (continued) For each lawn sprinkler system on any onc meter, including backflow $12.21 protection devices therefor · Five (5) or more, each $ 0.67 For atmospheric type vacuum breakers/backflow not included in item 1 1 to 5 $ 9.99 over 5 each additional $ 2.00 For each private sewage disposal system $62.16 For each cesspool $31.08 25 cl'r~ OF CUPERTI1NO Resolution 01-08?/April 2, 2001 Fees Effective July 1, 2001 Schedule D OTHER BUILDING INSPECTION FEES Private Swimming Pools For new private, residential, in-ground, swimming pools for single-family and multi-family occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the op~a~ion of a swimming pool, each including plan check and energy. $500.00 For other types of swimming pools, therapeutic whirlpools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE Temporary Power Service For a temporary service power pole or pedestal including all pole or pedestal-mounted receptacle outlets and appurtenances, each $57.50 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, fireworks stands, etc. each $ 7.75 Inspection outside of the normal business hours $80.00/hr. (minimum charge two hours) Inspection for which no fee is specifically established $60.00/hr. (minimum charge one hour) Re-inspection - A fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made $100.00 26 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule E - Recreation Recreation classes and excursion fees shall be determined as follows: Classes 1. Determine thc maximum hourly rate paid to instructor. 2. Multiply the instructor's hourly rate by the number of class meetings. 3. Determine the minimum number of participants and divide into the instructor's cost. 4. Add indirect overhead percent - 32%. $. Add 20% to establish non-resident fee. 6. Add cost for specialized equipment or supplies. Special conditions: For classes taught by contract instructors, the indirect overhead is only added to thc City's percentage. Excursions 1. Transportation cost divided by thc number of participants plus overhead transfer. 2. Add 20% to establish non-resident fee. 3. Add any admission cost, supplies or leadership cost. Additional factors that may be used to determine the class or excursion user fee: The total number of participants in a given activity may generate additional revenue whereby the total program cost may be reduced. Classes that traditionally have waiting lists may have the user fcc increased. Programs in competition with adjacent cities or the private sector may require fees to be increased or decreased to remain competitive. CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule E = Recreation Facility Use Fee Schedule (StaffUse Only) CLASSIFICATIONS: Priority of Use Group I: City of Cupertino activities that are open to the public. Official city sponsored programs. Group H: . Clubs with 51% resident membership, recreation programs and events with full or affiliated city co-sponsorship and open to the public. Group III: Programs and events sponsored by Cupertino based non-profit recreation, education or community service organization with 51% resident participation. These organizations must show an official slructure and status. Group IV: Private, special interest or business groups for functions not open to thc public. Thesc functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. Group V: Programs and events sponsored by non-resident non-profit recreation, education or community service organization. These organizations must show offficial sffucture and status. Group VI: Cupertino Businesses using the Cupertino Room of the Quinlan Community center for promotional and business related purposes other than negotiation or direct sale. CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule E - Recreation Quinlan Community Center ROOM RENTAL SCHEDULE PER HOUR Cupertino Room Monday - Thursday Friday - Sunday Group II N/A $12 Group III $25 $75 Group IV $135 $225 Group V $45 $135 Group VI $260 $260 Classroom Group II N/A $12 Group III $20 $60 Group IV $45 $90 Group V $25 $75 Conference Room Group II N/A $12 Group III $10 $25 Group IV $40 $60 Group V $25 $50 Security Staff Security staffis required when alcohol is served at any City facility: $25.00 per hour.. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 for any time up to the first half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Quinlan Community Center Cupertino Room- Groups IV, VI $750 All Other Rooms - Group IV $300 Group II, II, V - All Rooms $300 29 CITY OF CUFERTI~O Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 -- Schedule E - Recreation Monta Vista Recreation Center " Creekside Park Building Room Rental Schedule Per Hour Monta Vista Recreation Center Creekside Park Building Multi-Purpose Group III N/A N/A Group IV N/A N/A Group V N/A N/A · Classroom Group III $10 $15 Group IV $25 $30 Group V $15 $20 Conference Room/Kitchen Group III $5 N/A Group IV $20 N/A Group V $15 N/A Security Staff Security staff is required when alcohol is served at any City facility: $25.00 per hour. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 for any time up to the first half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of reservation. The Dep~a'u.ent Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and p~,.its conclude on time. 30 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule E - Recreation Senior Center Room Rental Schedule Per Hour Reception Room Evenings and Weekends * Group II $ l0 Group III $40 Group IV $125 Group V $75 Classroom, Conference Room, Arts & Crafts Room, Bay Room Group II $10 Group III $35 Group IV $50 Group V $40 *Senior Center rooms are not available for rental Monday through Friday 8:00 a.m. to 5:00 p.m. Security Staff Security staff is required when alcohol is served at any City facility: $25.00 per hour. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 for any time up to the first half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of reservation. The Depmtment Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Cupertino Senior Center Reception Hall - Group IV $750 All Other Rooms - Group IV $300 Group II, III, V - All Rooms $300 31 CITY OF CUPERTINO l/esolution 01-0ll7/Aprll 2, 2001 Fees Effective July 1, 2001 .... Schedule E - Recreation OUTDOOR FACILITIES Memorial Softball Field Cupertino residents/businesses only $25.00 Non-Residents $40.00 Field can be reserved for a maximum of 2 hours THER~ IS NO FEE FOR CURRENT SOFTBALL TEAMS PLAYING IN CUPERTINO LEA(}UES Field preparation $36.50 (includes dragging, watering, chalking, and bases) Field Attendant (2 hour minimum) $ 8.25/hr. Field Attendant is required any time lights or field preparation is requested. Lights (in the evening.) $ $.00/hr. Memorial Park Amphitheater Cupertino resident/Resident business $55.00 Non-resident/Non-resident business $75.00 Memorial Park Gazebo Cupertino resident/Resident business $55.00 Non-resident/Non-resident business $75.00 Picnic Areas (Daily Rate) Effective February 7, 2001 Cupertino residents $ 55.00 Cupertino business $ 75.00 Non-residents $ 80.00 Non-resident business $100.00 Electricity at Memorial o.r Linda Vista Park $ 25.00 CITY OF CUPERTINO Resolution 01-038 February 7, 2001 Fees Effective February 7, 2001 Schedule E - Recreation BLACKBERRY FARlVl PICNIC GROUNDS General Administration: Weekends & Holidays Weekdays ADULT (13 years and over) $8.00 $5.00 CHILD (6 through 12) $6.00 $4.00 Children under 6 are free when accompanied by their parents Group Rates: Adult Child Adult Child (13 & over) (6 through 12) 100 - 500 persons $7.00 $5.00 $4.75 $3.75 501 - 1,000 persons $6.50 $4.50 $4.50 $3.50 1,001 or more persons $6.00 $4.00 $4.25 $3.25 BLACKBERRY FARM GOLF COURSE Weekends Weekdays 9-Holes $13.00 $11.00 Junior & Seniors (under 16 and over 62) N/A $10.00 Second Nine (all players) $11.00 $10.00 Ail green fee prices; deduct $1.00 when you present a Cupertino I.D. All groups and tournaments pay the full rate (Cupertino resident still applies). Staff is authorized to set merchandise fees according to current cost. BLACKBERRY FARM RETREAT CENTER Conference Room $49.95/person 33 CITY OF CUPERTINO Resolution 01-087/April 2, 2001 Fees Effective July 1, 2001 Schedule E - Recreation CUPERTINO SPORTS CENTER Resident: Day Use $ 7.00 Single Monthly $ 55.00 Couple Monthly $ 75.00 Family Monthly $ 95.00 Single Annual $350.00 Couple Annual $700.00 Family Annual $840.00 Non-Resident: Day Use $ 10.00 Single Monthly $ 55.00 Couple Monthly $ 75.00 Family Monthly $ 95.00 Single Annual $350.00 Couple Annual $700.00 Family Annual $840.00 ADDITIONAL CONDITIONS 1. Annual fee for Juniors (17 years and younger) of $240.00. 2. Annual fee for Seniors (62 years and older) of $315.00. 3. The Cupertino Tennis Club will be charged $10.00/hour per court for all C.T.C. sponsored activities other than U.S.T.A. leagues and practices. 4. Ail competitors in C.T.C./U.S.T.A. leagues participating at the Sports Center must purchase an annual pass. 5. An annual pass holder may purchase one block often (10) guest passes per year for $60.00. A guest must be accompanied by the pass holder who purchased the guest pass. l,,{,,~r~/ 10300 Torte Avenue Cupertino, CA 95014 CITY OF (408) 777-3308 CU PE iNO F.x (408) 777-3333 Community Development Department SUMMARY AGENDA NO. I ~0 AGENDA DATE April 2, 2001 _SUMMARY: File No. 01-Z-01, PRBZONING of an existing single-family residential lot to Pre- RI-10 (Single-family Residential Zoning District, 10,000 square foot minimum lot size.) at 10599 N. Stellini Road (Applicant: Lin-Nai Nan). RECOMMENDATION': The Planning Commission recommends the following: 1) approval of the model ordinance prezoning 10599 N. Stelling Road to Pre-RI-10. BACKGROUND: This is a Garden Gate property owner-initiated application for prezonlng that will allow the property ownezs to annex their lot to the City in order to rebuild their single-family residence according to City development standards. This prezonlng application has been submitted at this time because: l) the owner wishes to begin construction of a new single family residence as soon as possible, and therefore does not wish to walt for the completion of the City initiated prezoning and annexation proceeding for C-arden Gate, and; 2) the City is willing to annex single Garden Gate lots iftbey are contiguous to City boundaries and do not involve excessive street annexation. This City position is evidenced by Council adoption of the "pocket annexation strategy" on Feb~mry 2, 1998 and the City's annexation of the 10322 N. Stelling Road that is a similarly situated lot in Garden Gate. The Planning Commission heard this item on March 12, 2001. DISCUSSION: Public: No members of the public we~ present to speak on this item. Sta~: This prezoning project is very similar to other applications approved by the City Council in 1998 to 2000 and specifically to the project located on 10322 North Stelling Road. '-' Planning Commissioners: The Commission recommended approval of the prezoning on a unanimous vote. Pnnted on Recyclea Paper Enclosures: Planning Commission Resolution No. 6083 and Prezoning Ordinance Exhibit A: Zoning Plat Map and Legal Description for 01-Z-01 Exhibit B: Garden Gate Map showing pr~zoning properties Prepared by: Delicia Wan, Plan~ing Intern ~~~ '~~ff~e.~. Approved by: David Knapp Director of Community Development City Manager g:planning/pdrepor t/~,/~O I zO 1 01-Z-01 CITY OF CUPERTINO --. 10300 Torte Avenue Cupertino, California 95014 RESOLUTION 60~3 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO PREZONE AN EXISTING SINGLE FAMILY RESIDENTIAL LOT TO PRE-R1-10 (SINGLE FAMILY RESIDENTIAL) LOCATED AT 10599 N. STELLINO ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for n prezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning commission has held one or more public hearings on this matter; and WHEREAS, the planning Commission finds that the subject prezoning meets the following requirements: 1) That the prezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new prezoning designation. 3) That the new prezonlng encourages the most appropriate use of land as compared to the majority of other parcels in this s~me district. 4) That the proposed prezonlng is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the prezoning promotes the orderly development of the city. 6) That the prezoning is contiguous to City boundaries and, in this particular case, involves a minor right-of-way annexation. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for change of zone is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. 01-Z-01 as set forth in thc Minutes of the Planning Commission Meeting of March 12, 2001, are incorporated by reference as _. though fully set forth, herehi. Resolution No. 6083 0 l-Z-01 March 12, 200 I Page-2- SECTION II: PROIECT DESCRIPTION Application No.: 01-Z-01 Applicant: Lin-I-Iai Nan Property Owner: Same Location: 10599 N. Stelling Road SECTION HI: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1 APPROVED EXHIBITS Plat map and legal description CExl'fiblt A). PASSED AND ADOPTED this 12th day of March 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chairperson Kwok NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/ Steve Piasecki /s/ Patrick Kwok Steve Piasecki · Patrick Kwok, Chairperson Director of Community Development Cupertino Planning Commission g:planning/pdreport/rez/O I-Z-O l res. doc ORDINANCE NO. 1878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PREZONING A 0-~2 GROSS ACRE PARCEL TO PRE RI-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT WHEREAS, an application was received by the City (Application no. 01-Z-01) for the prezoning of property to R1-10; and WHEREAS, the rezonin~ is consistent with the City's general plan land usc map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. 'i~nat the property describe in attached Exhibit A is hereby rezoned to -- RI-10 Single Family Residence; and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of April, 2001 and ENACTED at a regular meeting of the City Council oftbe City of Cupertino the 2nd day of April, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino g'./planning/pdr~)rt/ord/ordO I zO I .doc LEGAL DESCRIPTION PRE-ZONE 0.222 .aCRE FROM COUNTY TO PRE RI-10 All that cert2in reai property situated in the County of Santa Clara, State of California, being ail of Lot 9 and a portion of Stelling Road, as shown upon that certain map entitled "Tract No. 631 Garden Gate Village" which map was recorded on May 23, 1949 in Book 22 of Maps at Page 56, Santa Clara County Records and more particularly described as follows: Be/tinning at the point of the intersection of the easterly prolongation of the Northerly boundary line of said Lot 9, 10 feet from the Westerly line of Stelling Road (50 feet wide) with the Westerly boundary line of certain annexation to the City of Cupertino entitled Stelling 2, Ordimance No. 57; Thence running with Westerly boundary line of said annexation S 0 deg. 10'20" W 77.45 feet; Thence leaving said Westerly boundary line and running with the easterly prolongation of the Southerly boundary line of said Lot N 89 deg. 54' W 135.00 feet to a point of the Westerly boundary line of said Lot; Thence running with said Westerly boundary line N 0 deg. 10'20" E 77.45 feet to a point in the Northerly boundary line of the said Lot; Thence running with the said Northerly boundary line S 89 deg. 54' E 135.00 feet to the Point of Beginning. APN: 326-08-053 Address: 10599 N. Stelling Rd, Cuper~_ino ZONING PLAT MAP PRE ZONE: 0.222 AC. FROM: COUNTY TO: PRE RI-10 N89°54'W 135.00 ~ ~89-sn'w N '-- ~ SCAI.E · 1"=100' GREEN LEAF DR. APN: 326-08-053 ADDRESS: 10599 N. STELLING RD. CUPERTINO _ City of Cupertino · 10300 Torre Avenue Cupertino, CA 95014 CIT~ OF (408) 777-3308 CU PEILTINO (408)777-3333 Community Development Department Housing Services Summary Agenda Item No. 17 Agenda Date: April 2, 2001 Subject: Recommendations for use of twenty-seventh program year (2001-02) Community Development Block Grant (CDBG) Funds Background: The City of Cupertino will receive approximately $165,874 of CDBG discretionary funds and $15,000 of CDBG Administration funds for Fiscal Year 2001-02. The discretionary amount is an increase of $14,396 from last year's amount of $151,478. HUD regulations reciuire that projects selected for funding benefit very low and Iow-income households, eliminate a blighted area, or address an urgent (emergency) community need. In addition, only certain types of activities q, mlify under the CDBG regulations. Some examples of eligible activities are: removal of barriers to the handicapped, public improvements, public services, affordable housing projects, rehabilitation and property acquisition. Federal regulations do not allow more than 15% of the grant (excluding administration) be used for public services. To determine the public service cap, the County of Santa Clara takes 15% of the total grant amount (excluding administration) plus income earned during the previous year. For the 2001-02 fiscal year, the public service cap has been increased from the 2000-01 total of $34,507 to $3b,fb7. This represents a 6.26% increase from last year. Public services benefit very low and low-income households and include activities such as fair housing activities, childcare, placement services, senior legal services, etc. Council Priorities: At the January 3, 2000 City Council Meeting, Council deter'mined priorities for the 2000-01 and 2001- 02 CDBG program. Council may amend these priorities at any time. The priorities are as follows: 1. Emphasize the development of affordable housing opportunities by giving funding priority to proposals that directly create affordable housing through new construction, acquisition, rehabilitation _ or the provision of emergency shelter. 2. Discourage thc funding of public service activities tllrough the CDBG program.' Instead recommend that non-profit agencies compete for funding through the County public service pool of funding. If public service agencies are funded, award the funds, to only those agencies that are not applying for County CDBG funds for the same service and to those that are based in Cupertino. 3. Award one grant to cover the screening and placement of eligible persons in affordable units at Chateau Cupertino as well as other affordable units as. they are developed. 4. Continue support of the Affordable Housing Fund and the Housing Rehabilitation Program. .::.! .:.~ i,.- Request for Proposals: ' '~'' ' · In mid-$anuary, staff distributed a notice of funding a~/ailability to approximately 10 organizations. Out of those organizations, four proposals have been received from two organizations, Cupertino C6mmunity Services, Senior Adults Legal Assistance. A brief description of each proposal along with the staff recommendation follows. Detailed information on each request is provided in the attached applications. Public Service Grants: 1. Rotating Shelter Program Cupertino Community Services, Cupertino 1998-99 Grant: $20,000 1999-00 Grant: $20,000 2000-01 Grant: $25,000 2000-01 Request: $25,000 ; ' ' Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, saratoga and Sunnyvale. Thc program also provides counseling and other support services to help stabilize the guest's long term housing situation. Description: A total of 17 churches in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 12 of which are "host" churches. Each of the "host" churches provides shelter for a 30 day period. These "host" churches have the responsibility of providing the guest with meals, YMCA passes for showers, etc. CCS provides additional support to the shelter guests, including job counseling and assistance in £mding transitional and permanent housing. The agency is requesting funds to primarily cover personnel costs for the program and to supplement their operating budget. The program 'is also requesting $14,669 from the city of Sunnyvale and $8,500 from the county of San.ta Clara. Total project cost is $128,500. Recommendation: $25,000 Cupertino Community Services has been very successful in administering this program and it remains one of the most successful rotating shelter programs in the county. CCS has applied to the cities of San Jose, Sunnyvale and Saratoga and has been successful at receiving County Emergency Shelter Cu'ant funding. Staff recommends the City continue its cornmilment to the Rotating Shelter Pro,'am. 2. Affordable Housing Placement Program Cupertino Community Services, Cupertino 1998-99 Grant: $2S,000 (CDBG: $7,221; AHF: $17,779) 1999-00 Grant: $15,000 (CDBG: $7,374; p, ul~: $7,626) 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Request: $40,000 Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR. program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for q-Alified applicants and provide services to those placed in the affordable units. The agency purchased a four-plex on Greenwood Court that s~rves as transitional housing, for the Rotating Shelter Program. City staff is proposing a $10,000 increase in the grant amount to cover additional · -- services. $5,167; AUF: $44,833) Recommendation: $50,000 (CDBG: ' The agency has successfully performed the necessary task of screening and placement for Chateau Cupertino, City Center Apartments and compiling waiting lists for the below market rate program. Cupertino Community Services also continues to expand services beyond the scope specified by the City. Currently, the city of Cupertino oversees the Below l~larket Rate pro,am and monitors the BMR rentals at Forge-Homestead and Aviare Apa~h,ents. However, limited staff time has made auditing the Aviare and Forge-Homestead programs impossible. With the $10,000 increase, CCS would devote an employee full-time to the program. This employee would take on the additional responsibility of auditing Aviare and Forge-Homestead Apartments, as well as handle all BMR ownership resale requests. The staff, persbn would also assemble procedural manuals for both the ownership and rental programs.'":... These manuals will assist any new staff person taking over the program as well as document procedures. 3. Senior Adult Legnl Assistance 1997-98 Grant: $5,000 1998=99 Grnnt: $5,000 ---- 1999-00 Grant: $5,000 2000-01 Request: $6~500 Description: Senior Adults Legal Assistance (SALA) provides free legal services to low and very low-income' seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. ' .... Recommendation: $6,500 Two years ago, thc city council directed staff to work with SALA to increase there services and funding level Diane Snow, the city's recreation supervisor in charge of the senior center, has stated that the increased grant has helped tremendously during the past year and would like to encourage the city to continue funding the agency at the increased funding level. Staff supports continuing to fund thc agency at the increased level Housing Development: 4. Cupertino Community Services Vista Drive Affordable Development 1999-00 Loan: $1,600,000 (CDBG: $267,189.21; AHF $1,332,810.79) 2000-01 Loan: $176,000 (CDBG: $108,971; Rehab transfer: $67,029) 2001-02 Request: $129,207 Description: CCS proposed to construct 24 units of new affordable housing on a vacant parcel located behind the new Fire Station on Vista Drive. On February 1, 1999, the City Council authorized a $1.6 million dollar loan to Cupertino Community Services for the development of 24 the affordable units with an additional $176,000 committed to the development last year. Facing a $800,000 shortfall, the agenc~t is requesting additional funding firom the city. Recommendation: $129,207 The city o£ Cupertino and the county of Santa Clara recently approved a lease for the property located on Vista Drive near Stevens Creek Boulevard..It appears that this new development will be under construction within the next year. Housing Rehabilitation Program: 6. Housing Rehabilitation Program: Since 1976, thc City has been offering low-interest loans to low and very-low income residents of Cupertino for the rehabilitation of their homes~ In October 1988, the City'approved changes in loan te~ms to increase the income generated from the program. The City no longer offers deferred zero interest loans, opting instead for amortized loans with low interest rates (3%-6%). Since these changes were instituted, there has beerr a steady increase in the amount of income generated by the program. The income generated is adequate to make the program self- supporting. ... 17. q _ Staff has dete. x.fined that the program is too time and moncy intensive to continue as it is currently organized. Instead, staff is proposing to turn the program over to the county of Santa Clara for a fee of $20,000 a year. The city would also place at least $200,000 in a county account to cover the rehab loan expenses (loan fees and loan.~). Income generated from the program would be returned to the city to use to cover program expenses or for other eligible activities. Cupertino Housing Committee Meeting: On March 8, 2001, the Cupertino Housing Committee met to discuss thc CDBG funding recommendations for the 2001-02 fiscal year. The Committee members agreed with the staff recommcn&tions. R&commsndations: The Cupertino Housing Committee recommends that the City Council accept its recommendations as summarized in the table below. Housing Committee Recommendations: 2001-02 CDBG Allocation: Program Administration: $1 $,000.00 CCS - Rotating Shelter: $25,000.00 CCS - Affordable Placement Program $5,167.00 Senior Adults Legal Assistance $6,500.00 CCS - Vista Drive Development $129,207.00 Sub-Total: $180,874.00 Affordable Housing Fund: CCS- Affordable Placement Program $44,833.00 Sub-Total: $44,833.00 TOTAL: $225,707.00 PREPARED BY: ~E~.D BY..._ APPROVED FOR SUBMITTAL: V~m Gil, Senior Plann~ - S't~e Piakecld, Director David W. Knapp, City Manager of Community Development Attachments: Resolution No. 01-089 Applications for CDBG funding from Cupertino Community Services (3) and Senior Adults Legal Assistance. RESOLUTION NO. 01-089 A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SUBMITTAl, OF FUNDING PROPOSAI,S AND ACCOUNT TRANSFERS FOR THE 27th (2001-02) PROGRAM YEAR OF ~ COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Housing and Community Development Act of 1974 provides that funds ' bc made available for the Community Development Block Grant program; and WHEREAS, the City of Cupertino wishes to apply for funds under the Urban County provisions of the Act; and ' ' ' WHEREAS, the City of Cupertino understands that it shall receive $15,000 in CDBG administration funds and approximately $165,874 in discretionary funds per the Joint Powers Agreement signed with the County of Santa Clara on July 5, 1999. NOW, THEREFORE BE 1T RESOLVED that the City of Cupertino hereby certifies that the projects being proposed for funding meet the certifications outlined in Section 570.303 of the Community Development Block Grant Administrative Regulations; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the following project proposals and'transfers to the County of Santa Clara: 2001-02 CDBG Allocation: Program Administration: $15 000.00 CCS - Rotating Shelter: $25 000.00 CCS - Affordable Placement Program $5 167.00 Senior Adults Legal Assistance. $6 500.00 CCS - Vista Drive Development $129 207.00 Sub-Total: $180 874.00 Affordable HouSing Fund: CCS- Affordable Placement Program $44,833.00 Sub-Total: $44,833.00 TOTAL: $225,707.00 17-b BE IT FURTI-I~R R~SOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute the agreement for allocation of twenty-seventh pro.am year (2001-02) Community Development Block Grant funds. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2~ day of April, 2001 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: _ ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino H:~-CDBG\CDB(3 submittal reso.doc /7-7 City of Cupertino Application for Affordable Housing and Community Development Block Grant Funds General Information Name of Applicant Program Year Cupertino Community Services, Inc. 2001-2002 Contact Person ' Title Project Number (For Office Use Only) Eriea Mayer Program C~ordinator Address City State I Zip Code 10185 North Stelllng Road Cupertino CA I 95014 Telephone Number I Fax Number ( 408 ) 255-8033 I ( 408 ) 366-6090 Grant/Loan Request Amount of request Proposed loan terms $ 25,000 What is the market rate for this type of loan? Proposed interest rate for this loan Name of Project/Program Cupertino Rotating Shelter Program Location 10185 North Stelling Road, CupertlnoNarlous Host Congregations Project Type: [] Single Family[] Homeownership [] New Cons~uction [] ~d Use [] Mulflfamily [] Rental [] Rehab X Public Service Census Tract No. ~ HUD Median Income for area at the time of application: Project Description Please describe the project with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be served, services that will be provided, etc. The goal of the Rotating Shelter Program is to assist homeless men Secure gainful employment and permanent housing. The Shelter Program provides shelter, meals, shower facilities, bus basses, job counseling, job development and other support services to the guest Of the shelter. The guest of the program are homeless men who are currently working or actively seeking work. The Shelter Program can accommodate as many as fifteen guests per night, for a period each, of ninety days. With extensive case management, we are able to enjoy a success rate of over 90% in gaining employment and 60% in attaining permanent housing. Community faith groups in Cupertino, Sunnyvale and Saratoga partic!pate in the program by hosting the Shelter for one month at a time. The Shelter opens each evening and closes in the early morning. The congregations provide dinners in the evening and supplies for breakfast, as well as, a lunch to pack. The congregations play a very important role in educating the cpmmunity about'the reality of homelessness and the need for affordable housing. Financial Information _. Please list prospective funding sources, including construction financing, permanent financing, grants, donations and sweat equity. Attach letters of commitment, if available. Identify each funding source as to type by noting (L) for Loan, (G) for Grant, or (E) for Equity. Indicate whether (P) proposed, (R) Requested, or (A) approved in status column. Source of Funding Type Description Amount Term Interest Status Rate City of Sunnyvale G CDBG 14,669 R Santa Clara County G Emergency Shelter Grant 8,500 R FEMA G Mass Shelter Funds 15,000 R City of Cupertino G CDBG 25,000 R CCS Unrestricted Funds 65,331 P I Total Development Cost: $128,500 Other assistance committed to project, e.g., Section 8, MCC, etc. Source Amount In-Kind Resourc__~_ $152,000 , Source Amount Source Amount Please describe how the loan/grant amount requested Was determined. Based on the 1999 Santa Clare County Homeless Survey the number of working homeless is 34% (493 of the 1,465 that answered this question). 74% of those working placed the location of their last residence in Santa Clare County. The demographiC data of the total homeless living in Santa Clare County states that 31 resided in Cupertino. Although that number COnstitutes 33% of the 93 clients served, CCS is requesting less than 20% of its total budget from the City of Cupertino. Project Feasibility Please describe the project's feasibility, including local rharket conditions, that would justify the project/activity. According to the Santa Clara Consolidated Plan fc~r 2000-2005 thera is a 2.6% vacancy rate in this county. Competition for the limited supply of rental units allows for prospective tenants to bid up the rents. The high rents make it increasingly difficult fOr Iow-inCOme households to pay the required amounts upon moving in. Many residents ara one paycheck away from homelessness, increasingly, professionals find themselves in this situation. The Shelter Program provides the opportunity for '~ose homeless men to regain their pace as a contributing member of society. The Program is ~ell monitored and draws on a variety of resources available from the community. The Rotating She ter Program is a real solution to homelessness, not a stop-gap measure. Project Readiness For New Constm~on: EsUmated Project Start Date ] Est]mated Project CompleUon Date For E~d,~t~ng Property:. Est]mated Loan Closing Date Est]mated date when Al-lC f~ncls (CDBG or BMR In-lieu) will 13e drawn down Is the project.ready to begin construction? [] Immediately [] Within 12 Months [] Beyond 12 Months If the project will not be ready to draw down funds within 12 months of Council approval, please explain how the project will utilize the funds within that 12-month period, and why a commitment is needed at this time. N/A SPonsor Profile Please list ali project sponsors; indicate whether nonprofit or for-profit organization and their respective financial interests. Describe the specific role that each sponsor will play (i.e. developer, owner, investor, manager, etc.). HOST CONGREGATIONS OTHER PARTICIPANTS ; St. Joseph's Catholic Church, Cupertino Christian Science Church, Sunnyvale Union Church, Cupertino Raynor Park Christian Church, Santa ctara Sunnyvale Presbyterian Church, Sunnyvale St. Cyprian Catholic Church, Sunnyvale! Good Samaritan Methodist Church, Cupertino 7~ Day Adventist Church, Sunnyvale St. Thomas Episcopal Church, Sunnyvale Cupertino Rotary Sunnyvale United First Methodist Church, Holtzmann, Wise & Shepard Sunnyvale Venture Law Group St. Jude Episcopal Church, Cupertino Kiwanis of Silicon Valley St. Luke Lutheran Church, Sunnyvale Public Interest Law Foundation at Trinity First Methodist Church, Sunnyvale Santa Clara Law School Congregation Beth David, Saratoga Church of Latter Day Saints Church of Ascension, Saratoga Cupertino Grange Congregational Community Church, Sunnyvale 3 Funding Priorities _ P;ease mark the funding priority your project meets. Affordable Housing: The purpose of this project is to finance the purchase, construction, rehabilitation of housing for very Iow (50% or below median) and Iow (80% or below median). (Please check one of the following) [] New Construction [] Rehabilitation [] Acquisition [] Emergenw Shelter Public Service Activities (Please check one of the following) [] Screening and Placement X Cupertino Based Agency [] Americans with Disabilities Act (ADA). [] Public Facility Improvements Certification: Applicant certifies that the information in this application is correct and that the funds will be used in a manner that complies with all Community Development Block Grant or Affordable Housing Fund requirements. Signatur~(...~. Typed Title ~'"-'"~.[~--~./(.~7')//.~- -~,/~--C/'~V~ DateSigned Please retum two signed copies of this form, at least one with original signature to: Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attention: Vera Gil " If you have any questions regarding this application, please contact Vera Gil at the f~)llowing phone number: (408) 777-3251 4 / 7-// EXHIBIT A CITY OF CUPERTINO PROJECT PROPOSAL COVER PAGE General Information Name of Applicant Program Year CUPERTINO COMMUNITY SERVICES, INC. 2001-2002 Contact Person Title Project Number (For Office Use Only) ERICA MAYER PROGRAM COORDINATOR Address City State I Zip Code 10185 N. STELLING ROAD CUPERTINO CA I 95014 Telephone Number Fax Number (408) 255-8033 (408) 366-6090 . Name of Project/Program CUPERTINO ROTATING SHELTER PROGRAM Location 10185 N. STELLING ROAD, CUPERTINO Project Type Single Family Homeownership New Construction Mixed Use Multifamily Rental Rehab x Public Service Project Description '.~' Please describe the project with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be sewed, services that will be provided, etc. Cupertino Community Services, Inc. (CCS), in collaboration with the Faith in Action Group, began operation of the Rotating Shelter Program in August, 1991. The Shelter Program provides shelter, meals and a wide variety of services to Shelter guests. As the name implies, the Shelter rotates between host congregations on a monthly basis. The hosts and additional participating congregations and community groups bring hot meals to the shelter every night. They also supply food for breakfast and lunch. The goal of the Shelter Program is to assist homeless individuals achieve and maintain gainful employment and permanent housing. The Shelter Program can accommodate as many as 15 guests a night, for an approximate length of stay up to 90 days. Each applicant applying to become a Shelter guest is carefully screened. The two mandatory qualifications for acceptance into the Shelter are: 1) The applicant must be alcohol and drug-frae; and 2) The applicant must be ready and willing to seek, find and keep full-time, gainful employment, set aside funds for move-in costs, and secure permanent housing. All applicants are considered to be very Iow income. They are referred to CCS fi.om agencies such as Sunnyvale Community Services, United Way, Salvation.Army, Veteran's Administration, other shelter programs, outreach and the shelter hofline. To impro{/e each guest's chances of obtaining employment and housing, a private voice mailbox is assigned to each person entering the Shelter Program. They can receive mail addressed to them at the CCS office. Medical and dental services are available to guests from the local professionals at discounted rates of free of charge. The Northwest YMCA offers free membership to each program participant. This privilege allows guests the opportunity to shower, work out and relax. A Program Manager develops a transitional housing plan for each guest. Participants meat weekly with the Case Manager on an individual basis to discuss their progress. A house meeting is held weekly to discuss at the group level any issues that need to be resolved. Cupertino Community Services along with the participating faith congregations and local businesses make the Rotating Shelter Program a high quality, cost effective solution to the rising homeless population. 17-/0- City of Cupertino Application for Affordable Housing and Community Development Block Grant Funds General Information Name of Applicant Program Year Cupertino Community Sen, ices, Inc. 2001-2002 Contact Person Tire Project Number (For Office Use Only) Erica Mayer Program Coordinator Address City State Zip Code 10185 Norl~ Stelling Road Cupertino CA 95014 Telephone Number Fax Number ( 408 ) 255-8033 ( 408 ) 366-6090 Gran /Loan Request Amount of request Proposed loan terms $ 40,000 What is the market rate for this type of loan? Proposed interest rate for this loan Name of Project/Program Cupertino Affordable Housing Program Location 10185 North Stelllng Road, Cupertino/Various Host Congregations Project Type: [] Single Familyl-'] Homsownership [] New Construction [] ~: Use , [] Multifamily [] Rental [] Rehab X Public Service Census Tract No. I HUD Median Income for area at the time of application: Project Description Please describe the project with as many. details as possible. Include general information, such as the number of units, number of Cu0ertino residents that will be served, services that will be 0rovided, etc. Cupertino Community Services, Inc. (CCS) provides a continuum of services addressing the needs for affordable housing availability to the homeless and Iow-income members of our community. CCS has successfully implemented the Affordable Housing Program for the City of Cupertino for the past ten years. The Below Market Rate (BMR) rental program Involves placing Iow and very Iow income residents in over 75 BMR rental units. CCS creates and distributes outreach materials to publicize the availability of the program. CCS documents eligibility and maintains an open working waiting list for prospective tenants. The Program Coordinator fields approximately 20 calls daily inquiring about the BMR program for the City. CCS also re-qualifies all tenants on the anniversary of their move-in date or When the HUD guidelines are announced. The amount of time involved in screening and placing applicants Is extremely labor intensive. CCS also screen and places eligible seniors Into affordable units identlfled by the City. Currently, CCS manages 10 units at Chateau Cupertino. CCS also provides subsidies for very Iow Income seniors to allow,them to stay at The Chateau. CC~ staff anticipates a.substantial increase in inquiries and applications over the next year In preparation for the opening of 24 new BMR units in the summer of 2002. This 32% in available units proportionally increase phone cells, applicetion hand outs, processing, screening, correspondences and general outreach needs. The BMR sales program Identifies median and moderate Income potential home buyers for housing that is available though the:. City's mitigation process. CCS qualifies and maintains a waiting list for future sales projects. CC.,S manages a Transitional Housing Program for Iow and very Iow income individuals. The four-plex cen house up to 23 individuals. Successful graduates of the Rotating Shelter Program qualify for this program for a maximum of two years. CCS provides on-going case management and resources to ensure the progress of these tenants. Financial Information Please list prospective funding sources, including construction financing, permanent financing, grants, donations .... and sweat equity. Attach letters of commitment, if available. Identify each funding source as to type by noting (L) for Loan, (G) for Grant, or (E) for Equity. Indicate whether (P) proposed, (R) Requested, or (A) approved in status column. Source of Funding Type Description Amount Term Interest Status Rate Cupertino G CDBG 40,000 R HUD G 123,326 P CCS Unrestricted Funds 49,354 P I Total Development Cost:$ 212,680 I Other assistance committed to project, e.g., Section 8, MCC, etc. Source Amount $ Source Amount $ Source Amount $ P~ease descdbe how the loan/grant amount requested was determined. The programs that CCS has implemented ara in accordance with the Santa Clara County Consolidated Plan for the needs of affordable housing (Objectives 1,3,4). The amount of the grant requested is based on the estimated cost of implementation of the Below Market Rate Rental Program, Below Market Rate Sales Program and the increase load of BMR units by approximately 30% within the next year. CCS's Transitional Housing Program is funded by HUD grants. Project Feasibility Please describe the project's feasibility, including local market conditions, that would justify the project/activity. According to the Santa Clara Consolidated Plan for 2000-2005 thera is a 2.6% vacancy rate in this county. Competition for the limited supply of rental units allows for prospective tenants to bid up the rents. The high rents make it increasingly difficult for Iow-income households to pay the required amounts upon moving in. Of the 37,907 rental households, 17,428 have housing problems. 6,159 of these households are paying over 50% of their income for housing expenses. Many residents are one paycheck away from homelessness, increasingly, professionals find themselves in this situation. 2 /7-/7 Project Readiness For New Construction: Estimated Project Start Data I Estimated Project Completion Date For Existing Property: Esfimatad Loan Closing Date Estimated date when AHC funds (CDBG or BMR in-lieu) will be drawn down Is the project ready to begin cons~"uction? [] Immediately [] Within 12 Months [] Beyond 12 Months If the project will not be ready to draw down funds within 12 months of Council approval, please explain how the proiect will utilize the funds within that 12-month period, and why a commitment is needed at this time. N/A Sponsor Profile Please list all project sponsors; indicate whether nonprofit or for-profit organization and their respective financial interests. Describe the specific role that each sponsor will play (i.e. developer, owner, investor, manager, etc.). N/A Funding Priorities Please mark the funding priority your project meets. Affordable Housing: The purpose of this project is to finance the purchase, construction, rehabilitation of housing for very-low (50% or below median) and Iow (80% or below median). (Please check one of the following) [] New Construction [] Rehabilition [] Acquisition [] Emergency Shelter x Public Service Activities (Please check one of the following) [] Screening and Placement × Cupertino Based Agency [] Americans with Disabilities Act (ADA). [] Public Facility Improvements Certification: Applicant certifies that the information in this application is correct and that the funds will be used in a manner that complies with a.!LCom~unity Development Block Grant or Affordable Housing Fund requirements. ../)__ Typed Name ~ _ Title ~ ..... " Date Signed /~ ~ t~) Please return two signed copies of this form, at least one with original signature to: Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attention: Vera Gil If you have any questions regarding this application, please contact Vera Gil at the following phone number: (408) 777-3251 4 17./9 EXHIBIT A CITY OF CUPERTINO PROJECT PROPOSAL COVER PAGE General Information Name of Applicant Program Year CUPERTINO COMMUNITY SERVICES, INC. 2001-2002 Contact Person Title Project Number (For Office Use Only) ERICA MAYER PROGRAM COORDINATOR Address City State Zip Code 10185 N. STELLING ROAD CUPERTINO CA 95014 Telephone Number I Fax Number (408) 255-8033 I (408) 366-6090 . Name of Project/Program CUPERTINO AFFORDABLE HOUSING PROGRAM Location 10185 N. STELLING ROAD, CUPERTINO Project Type Single Family Homeownership New Construction Mixed Use Multifamily Rental Rehab x Public Service Project Description Please descdbe the project with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be served, services that will be provided, etc. Every month CCS staff responds to approximately 200'inquires about affordable housing. Staff sends out an average of 50 affordable housing applications each month, and of those, processes an estimated 20 per month. More than two-thirds of the applications tumed into the office required wdtten correspondence requesting additional information or documents to complete application. The Program Coordinator maintain a working, prioritized waiting list of eligible applicants, as well as ineligible and declined applications. This waiting list is re-qualified each year.' The number of vacancies varies from month to month. ~o place a tenant, the CCS staff reviews the list, contacts the first eligible person and updates their eligibility. It usually takes several attempts to compile the necessary information. If the applicant still qualifies:staff refers information to the leasing agent for a credit check. Many prospective tenants turn down the Units because they find them unsuitable or still economically unattainable. It is often necessary to refe~ multiple candidates for the single unit. Staff re- certifies each tenant on the anniversary of their move-ih date. CCS also provides Iow income transitional housing for 23 individuals in our Transitional Housing Program. The Program Manager and On-Site Manager maintain the residence and provide on-going case management for each tenant. These tenants ara homeless members of the community. One of the stated objectives of the Cupertino Comrnun~ty Services, Inc. is "to support and advocate affordable housing." CCS cames out th,s objective in a;number of ways. We promote affordable hous,ng by distributing educational brochures. In addition, CCS staff participates in the Santa Clara County Collaborative on Affordable Housing and Homeless Issues, the United Way's Emergency Assistance Network, the Cupertino Affordable Housing Committeelmeetings, and other related efforts. 5 . . City of Cupertino . Appl,c.a. tlon for Affordable Housing and Commumty Development Block Grant Funds General Information N~ of Appli=at: Senior Adults Legal Assistance (SA.LA) Pro;ram Year. 2001-2002 contact Person: Georgia Baci] Title: Dix~cting AttoTney Project Number (For Office Use Only) ,~drass: 160 E. Virginia Street//260 city: San 30sc state: CA 123p ~e: 95112 Telephone Number. Fax Number. E-mall Address: (408) 295-5991 (408) 295-7401 ghacil~)saia.or; Grant/Loan Request Amount of request:. $6,500 Proposed loan terms: Not applicable. Whet is the market rate for this type of loan? NOt applicable. Proposed interest rate for this loan: NOt applicable. Name of Project/Program: Legal Assistance to Cupe~o Elders Location: Cupertino Senior Center, 21251 Stevens Creek Blvd. Cupertino, CA 95014 Project Type: [] Single Family [] Homeownership [] New Construction [] Mixed Use I'-I Rehabilitation '~ Public Servlse Multlfamily Rental I HUD Median Income for araa/a~the time of applloafion: Census Tract No. Not applicable. SALA serves the elderly city-wide. / $82,600 for a family of 4. Project Description Please describe the project with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be served, services that will be provided, etc. SALA is a nonprofit law office that has provided free legal services to Santa Clara County elders (age 60 or older) since 1973. SALA provides services, by appointment, at 21 senior centers in Santa Clara County, including the Cupertino Senior Center. Services are targeted to elders who are low and very low-income or in social need. Legal services (in the form of advice/referrals, consultations, representations, and community education) are provided for: Public Benefits; Elder Abuse; Nursing Homes; Advance Directives; Consumer; Housing; and Simple Wills. SALA has served Cupertino seniors since 1979. Prior to 1997-98, SALA provided one monthly intake session at thc Senior Center. In 1997-98 through 2000-2001, CDBG support has enabled SA.LA to add a second monthly session at the Senior Center. For 2001-2002, SALA requests CDBG funds to maintain our current level of 2 monthly sessions (consisting of five half-hour appointments each) at thc Cupertino Senior Center. Homebound elders or those with emergencies will be served through home visits or by telephone. Cupertino elders who appear at other SALA intake sites will also be served. As detailed in the Work Plan, SALA proposes to serve at least 50 Cupertino clients and to conduct 1 education presentation at the Senior Center. Prior to 1997-98, the waiting time for a SALA appointment at the Cupertino Center was two months or longer. As a result, only 42% of the Cupertino clients served from January to June 1997 were seen at the Cupertino site. Since expanding services in July 1997, approximately 75% of the Cupertino clients served by SALA have been seen at Cupertino. Continued CDBG support of SALA's expanded service levels will enable more Cupertino elders to be served locally in 2001-2002. The long wait for a SALA appointment at Cupertino should also continue to bc r~duced. I Financial Information Please list prospective funding sources, including ~onstru~on financing, permanent financing, grants, donations and went equity. Attach lettem of commitment, If available. Identify each funding source as to type by noting (L) for Loan, tG) for Grant, or (E) for Equity. Indir.~e whether (P) proposed, (R) Requested, or (A) approved in status column. CA Dept. of A~n_o G Legal ~ Fm~ding 40 I year N/A R Older Americans Act G L~al Services F,lna;._= 5,428 I year N/A R -~tat~ ~ Trn...st Fired G L~al S~l'vic~ Fnruflfl;[ 1,064 1 year N/A R United Way G Legal Sonritos Fupd_ing 3,800 I year N/A R Contributions E Lcgnl Senrices F. nding 1,200 1 yenr N/A P In-Kind Support E Donated Sewices and Space 2,858 1 year N/A P Cupatino CDBG G Legal ~ ~nding 6,500 1 year N/A R Total Developmont Cost: $ 20,890 Other esslstnnce committed to project, e.g., ~tion 8, MCC, etc. 8ourc~: Not applicable. Amount $ 0 8ource: Not applicable. Amount $ 0 8ource: Not applicable. Amount $ 0 Please describe how the loan/grant amount requested wes determined. I Fhe $6,500 requested ~-prcsents the difference between the costs of servi.~ Cupertino and what we consider an appropriate alloe~on of SALA's income from other sourccs to support ~ho proposed scrviccs. As set forth in the Source of Fundin~ chart, SALA proposes to all~-~te fimding to our CUlX~r1~no project from these sources that and United Way. Additional support from contributions, in-kind services (from volunteer attorneys and intake workers), and in-kind space (from the Cupertino Senior Ccntcr) will also support the project. If less than $6,500 in CDBG is received, appoinancnts atthe Cupertino Center will be reduced proportionnily. If $5,000 is received SALA will provide our 1999-2000 sorvice levels (96 appo;ub.ents/40 clients served). If less thnn $5,000 is _rece_~ived, it may not be feasible for S,~IA to provide a sccond monthly intake session at the Cupertino Center. Project Feasibility Please describe the project's feasibility, Including local market conditions, that would justify the project/activity. Needs assessments by Council on Aging (Coming of Age, 1989, 1994) and United Way (Human Care Needs In Santa Clara Count~, 1993) m~2n~ ize that legal services are of prime importance to keep elders indelmndent and mm-institutionnli:,ed. Thes~ reports identi~y 1 .eflnl services as a major need of low-income, frail, and homelx~nd seniors. United-Way identifies legal services as 1 of 6 critical senior service areas. Council on Aging affirms legal assistance as a cmcinl access r~urce to "establish eligibility and seonre benefits" and ~ th~ importance of lel, al services in maliers of physical or financial abuse, ~, and other areas esse~,d to eld=~' daily survival. SALA's son~e statistics support the n__,~_ for legal servic_~_ to Cupertino elders. SALA provides semi- monthly services at the Cupertino Senior Center and targets Cupertino elders in our co-,~-wide service plan becanse of tbe high co~mUntien of low income and somlly t~x,/y, clients that we serve from that area. Ofthe Cupertino clients served in 1999-00, 74% w~e very low income (under CDBG guidelines) and 49% were a~e 75 or older (pho. h,~ thetn at risk ofln-~titutionnfi~ion). Only 42% of the clients served from Jav,,nry to ~un~ 1997 · -- (prior to SALA's sorvi~ expansion) were sero at the Cupertino Center b~_ _~,_:_,e the nmnl~r of SALA appolnmamts ~as not adequa~to meetthe demand. Sinceonr expansinninluly 1997, 75% ofthe clients were seen at Cupertino. The proposed continuation of SALA's expanded sendcos in Cupertino would ennble more Cupertino elders to be served locally. 2 Project Readiness For New Construction: Estimated Project Start Date: Estimated Project Completion Date: Not applicable. June 30, 2002. For Existing Property: Estimated Loan Closing Date Not applicable. Estimated date when AHC funds (CDBG or BMR in-lieu) will be drawn down Not applicable. Is the project randy to begin construction? Not applicable. Thi.~ is not a construction project. [] immediately [] Within 12 Months [] Beyond 12 Months if the project will not be reedy to drewdown funds within 12 months of Council approval, please explain how the project will utilize the funds within that 12-roonth pedod, end why a comroitment is needed at this tlroe. The project will be able to expcmJ all funds t~lUested by Juno 30, 2002. As stated previously, SALA requests $6,500 in CDBG funds to continue expandsd service levels at the Caportino Senior Cenl~. On February 21, 2001, SALA _rec~__'.ved confumation from a ,o~,, ~.,,,t~tivc of tbe Cupcrtiho Senior Ccnt~ that Diane Snow, the Director of the Ceg~', was in support of the continuation of' SALA's expanded service levcis proposed herein and that these services were consistc~ with the Senior Center's work plan and new ~ for 2001=2002. CDBG funds will be used to support S~,l.&'s pe~muel costs necessary to com~nve our expanded services to Cupertino ciders. Reimbursement of these personnel costs will be requested on a quarterly basis. Thus, the project will utilize all CDBG funds within the twcive*month period be~n_' nln$ July 1, 2001, and cndin~ June 30, 2002. Sponsor Profile Please list nil project sponsors; indicate whether nonprofit or for-profit organization and their respective financial interests. Describe the specific role that each sponsor will piny (i.e. developer, owner, investor, teenager, etc.). The project's sponsor, Senior Adults Lesal Assistnnce (SAt,A), is a noiiprofit corporation that receiv~ support from the fi~i~r~ Older Americans Act and 12 other fimders (including 8 cities). SAI.A is the only a~mcy desi_onnt~ by Council on Agin~ to provide fi~e legal services to smiors in Santa Clam County under thc Older Americans Act. By virtue of SALA's 26 years of sorvice, the agency has strong qual/fications and experience in providing services of the type proposed. SALA has been providing such services to Cupertino seniors since 1979. Each year SALA provides direct ie~! services (advice, consultatiom, or legal representation) to a minimum of 1,900 clients countywide. For 1999-2000, 1,925 clients were served. SALA also makes a minimum of 20 education preseu~ons ammally. In 1999-2000, 26 presentations wet= madc. S,a,I.A has a bilingual and culturally diverse staff of $ attorneys. SALA's ;tnffis augmented by intake volunteers who interview clients at senior can~5. SALA also operates a No Fee Wills Panel stn~ed by vohmteer attorneys who provide Simple Wills to SALA clients at Will Days arrani~d by SAI.& at Senior Centers, inciualnS the Cupertino Center. All project activities to accomp~i_,h objectives in the Work Plan will be conducted by an attorney on S^T.&'s stafl~ an intake volunteer, or a pro bono Wills Panel attorney. The stn~of tho Cupertino Senior Center will also continue to schedule and confum SALA's appointments at their sit~. Tho Senior Center stn~Fmay also be ask~ to assist with scheduling and public'~ing SALA's education presentatiens. - SALA proposes to allocate $13,958 to support our Cupertino project fxom our countywide sources. In-kind space from the Cupertino Center for SALA to conduet private interviews with clients, estimated at $402, will also support the project. Funding Priorities Please mark the funding priority your project meets. Affordable Housing: The puq~ose of this project is to finance the purchase, construction, rehabilitation of housing for very Iow (50% or below median) and Iow (80% or below median). (Please check one of the following) [] New Construction [] Rehabilitation [] Acquisition [] Emergency Shelter ~l~ Public (Please one o.~,f the following) Service Activities check [] Screening and Placement J~Cupertino Based Agency [] Americans with Disabilities ACt (ADA). [] Public Facility Improvements Certification: Applicant certifies that the information in this spplication is correct snd that the funds will be used in a manner that complies with all Community Development Block Grant or Affordable Housing Fund requirements. 8ignature(~i,/~ /~..' , Typed Name Di;~ Signed DJrocth]g Attorney February 22, 2001 Please tatum two signed copies of this form, at least one with original signature to: Community Development Department City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 Attention: Vera Gil If you have any questions regarding this application, please contact Vera GII at the following phone number. (4oe) 777-3251 EXHIBIT A PROJECT PROPOSAL COVER PAGE General Information N=m~ or A~ So.or AdaZts Z.~ I Assistance (SALA) Proem Ye~. 2001-2002 Contact Pemon: ~ B~J], TitJe; DJz~cI~ ~l~ZOZllgy Projm:t Number (For ontce U~e Only) Addr,~: 160 E. Virginia Street #260 c~. San Jo~ mm:CA [ z~p Code: 95112 Telepttmle Numbec Fag Numbec E-mMI Addrem: (408) 295-5991 (408) 295-7401 8bacil(~m]a.org N=me of Pml=~Pro;mm: Lcazd Ass~anc= to CupcrQno Eld=rs ~: Cu~ ~ C~, 21251 S~ C~ BI~. Cu~o, CA 95014 P~T~: ~ 8~ngle Family ~ Home.hip ~ N~ ConCretion ~ M~ Use ~ MuEi~mily ~ Renal . ~ Rehabil~ion ~ Public 8~ce Pmje~ Description Plea~ de~ the pmje~ ~h as many d~ails as ~ble. include general info~aion, su~ ~ ~e numar of un~, numar of Cu~ino ~e~ thM ~11 ~ ~w~, ~wi~ that MIl ~ ~vld~. etc. S~ ~ a nonfat ~w ~ ~ ~ ~ ~ ~phn~iS u~n ~ w~ ~ 1~ ~ ~ ~ ~ ~. S~A's ~ ~ ~ ~ ~ ~ p~l~m~ ~on to ~ ~ ~fio~ S~A*s ~ ~ ~i~t in~ at ~or ~ ~ ~ 15 pm ~ a~ who ~ S~plc Wi~ ~ S~A*s No F~ Wills p~ in ~e foll~ ~: ~c ~ (~ ~W, SSI, ~, ~, h Ho~ S~ ~s); El~r A~; N~ ~; ~ ~ ~ ~; ~,~ H~; ~ S~plo W~. S~A h~ ~ ~ ~o~ ~ 1~9. F~ 1997-98 ~ 2~2~1, ~ ~ ~*s ~BG pm~ ~bl~ S~A m in~ ~ n~ ~ ~ff-~ a~~ at ~ ~ ~ ~r ~m 4 money (~ 1996-97 1~) to 10 ~nthly (~ 2~-2~1 1~). ~BG ~ ~ ~ for 2~1-2~2 ~ m~i~in S~A's ~nt ~ ~ 1~ at ~ ~no ~or ~. S~ ~ ~ to ~n~ ~ ~ to Cu~no el~ who a~ ~ or i~mfion,liT~. ~icn~ *~gen~* ~s ~ ~lep~. Cu~o c~ who a~ at Prior to 1997-98, ~ ~ fi~ ~r a S~A ~t o~y 42% ~&c ~no ~ ~ ~ S~ ~m Jn~ m J~ 1997 ~ ~ M ~ ~o ~, 16% ~ ~ ~ ~ho~, ~ ~ ~ (42%) ~ ~on of S~A*s ~ ~r 2~ 1-2~2 ~H ~hle fo~ ~ ~ ~ at ~ S~ ~ or ~o~8 ~ ~m~r ~ ~ ~n~on ~ M ~ ~. ~ long ~ fi~ for a S~A ~h~m at ~ ~on ~ J~y 1997, a~m~ 75% ~ ~ ~no ~ ~il~ in ~c ~ Work Pl~n~ S~A ~ ~ ~ le~ ~,n~ m ~ ~o ~m h 2~1-2~2. ~s g~ ~1~ ~1 ~ ~ ~ S~*s ~on at ~ S~or ~. S~ ~ pm~ m ~ 1 ~,ni~ ~ ~on ~ C~. ~ 1999-2~ ~ ~ (~ ~*~ ~ ~. ffl~ ~ SS.~ is ~:~ it ~ n~ ~ ~blc ~r S~A ~ p~ a ~M ~nth~ h~ ~On at ~ ~ ~. ~ ~B~ ~mainS h ~ S~'S ~ at ~ ~ ~or ~ ~ ~ ~ ~ ~to~. EXHIBIT D-1 Project Budget Fiscal Year 2001-2002 Applicant: Senior Adults !.egal A..sist~nce Project Name: !.egal Assistance to Cupertino F. lders LINE ITEM FISCAL YEAR 2001-2002 - SALAI~W.$ Personnel $13,252 Benefits 1,714 OFFICE EXPENSE Rent 2,593 Telephone/FAX 420 Postage 100 Printing 100 Supplies 380 Travel 68 Utilities 0 Equipment Rental and Maintenance 168 Elues and Subscriptions 156 Other (Publications and Law Librav]) 384 PROJECT EXPENSES Accounting Services 176 Auditing Fees 220 Contract Services 80 Insurance 721 Conferences and Training 140 Davis Bacon Compliance 0 'Miscellaneous' 8 Other (Depreciation/Client Costs) 210 PROJECT CONSTRUCTION Appraisal 0 Engineering services 0 Architectural/Design 0 Acquisition 0 Site Investigation 0 TOTAL $20,890 13 City of Cupertino Application for Affordable Housing and Community Development Block Grant Funds General Information Name of Applicent Program Year Cupertino Community Services 2001- 2002 Contact Person T'We Project Number (For Office Use Only) Tom Earley BRIDGE Housing Corporation (Project Consultant) Address City State I Zip Code 1 Hawthorne St San Francisco CA 1 94105 Telephone Number. Fax Number. E-mall Address: (415) 989- 1111 (415) 495-4898 Teadey~bridgehousing.com Grant/Loan Request Amount of reduset: Propceed Io~n $129,207 55 year term with residual receipt payments. What ia the manY, et rata for this type of loan? Propesed interest [~-~ for this loan Varies (8%-11%) Name of ProjectJProgrsm The Heart of Cupertino Location The east side of Vista Drive, immediately behind the new fire station. Project Type: I-I Single Family I-I Horneownership r-I New Construction [] Mixed Use [] Multifamily [] Rental El Rehabilitation [] Public Sewlce Census Tract No. HUD Median Incerne for area at the time of application: 5081.1 $87, 000 (Santa C ara County) Project Description Please describe the project with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be served, services that will be provided, etc. This application seeks funding to assist Cupertino Community Sewices in developing a 22,000 square foot mixed-use complex that will contain twenty-four affordable residential units ~ rents affordable to individuals and fam. ilie.s a.t or bel.ow 50% of the Area Median Income. The project also includes a freestanding 4500 .square bu!lding, zun_d, ed enti.'rel, y ~ pri~. a.te donations which will serve as the new Cupertino Community Services program lacility ana omces./n.e, p .mje~.~l, ~nc~uoe 12 two-bedroom units and 12 one-bedroom units and w Include both townhouses and fiats. The resK~en~s wm nave access to a community room and common laundry facility as well as a landscaped courtyard and additional smaller. outdoor open spaces. By providing new, affordable housing units to 24 individuals .and house, ho[ds, thi_s, project, w.i!l increase the supply of affordable rental housing in an araa severely impacted by a nousing s_norm.ge./n.e project ~s_a_n extension of the continuum of cars that CCS has been providing to those in the Santa Clara ~ounty region years. The funds will be used for acquisition costa (a one-time lease payment) for the p. roperty. The Santa Clara County Central Fire Protection District currently owns the property and has executed a lease with the City of Cupertino. The City of Cupertino will sub-lease the property to Cupertino Community Services. The funds will not be used to pay for administrative costa or staff time. Financial In rmation Please list prospective funding sources, including construction financing, permanent financing, grants, donations and ~ ec!uity. Attach_letters of com. m' .d~.ne.nt, if available. Identify each fun.ding source as to.type, by notin, g (L) for Loan, (G) ~or urant, or (E) for r-qulty. Indicate wnemer (P) proposed, (R) Requesrea, or (A) approvea in smms column. HMK ana uuuu tunas 1, r/=,u0o b5 U% years County ot ~anta Clara L HOME/CUBC~ 1,047,80O 30 6%/3% years C~y ot ~unnyvale L CDBG 100,000 30 0% years cw of santa Clare L HOME 40, 000 30 years 501(C) 3 Bonds Bonds Boncl Financ;ng (Construction 1,298,747 IuD I IlL} and Permanent) City Of Los Altos L CDBG 330,468 IUD I BL} City Of Cupertino L BMR Funds 730,0o0 I bid I blU 't;C~ EquKy E Capital Campaign 1,60o,oo0 NIA city of cupertino L CDUG 2001-2002 129,20'/ 55 CDBG years I Total Development Cost: $7,052,222 I Other assistance committed to project, e.g., Sec'don 8, MCC, etc. Source Amount NIA Source Amount ~N~A $ Source Amount I NIA $ Please describe how the Ioan~grant emount requested was determined. The Loan amount requested in this application is the amount required to fill the financinggap for the project. Based on the financing commitments already secured and proposed, the requested CDBG all.oca.tio, n will complete the funding package for the project and assure that the project moves fonvard on scheaule. Project Feasibility Please describe the project's feasibility, including local market conditions, that would justify the project/activity. The project is located in a region with a clear shortage of affordable housing and extremely Io?, vaca.ncy rates. The project is in an excellent state of readiness and on back to commence construction in me .mio-s. umme.r. Planning Commission and CH Council approvals are in place, construction documents will be complezeo in mie- spring, and the bulk of the project financing is in place. . CCS is experienced in managing affordable housing programs and projects. This, in conjunction with rents that are significantly below market value, will assure a steady income stream. Cash flow from the preiect will be sufficient to pay down the bond financing and the amortized County debt while providing residual cash flow to the City of Cupertino and the other cities financing the project. Project Readiness For New Construction: Estimated Project Start Data I Estimated Project Completion Date August 1, 2001 I October 1, 2002 For Existing Property: Estimated Loan Closing Date Not Applicable Estimated date when AHC funds (CDBG or BMR in-lieu) will be drawn down July, 2001 Is the project ready to begin consfl'uction? [] Immediately [] Within 12 Months [] Beyond 12 Months If ~e p.roject will not be ready to drawdown funds within 12 months of Council approval please explain how the project will uti;ize me funds within that 12-month period, and why a commitment is nccded at this time. NOT APPLICABLE Sponsor Profile Please list all project sponsors; indicata whether nonprofit or for-profit organization and their respective financial interes~ Describe the specific role that each sponsor will play (i.e. developer, owner, investor, manager, etc.). Cupertino Community Services (CCS), a non- profit, 501 (c) 3 corporation, is the project Sponsor and Developer and has 100% ownership interest in the project CCS has committed over $1,600,000 in equity to the development of the project. .These. funds will be used to build the now program facility and offices. Incorporated as a nonprofit, 501(C) 3 community oaseo agency in 1976, Cupertino Community Services (CCS) has been providing emergency assistance to Santa Clara County communities since 1973. Serving those in need, CCS helps Iow-income families, individuals and seniors, homeless men, women and families and youth at risk by providing food, rental assistance, shelter, clothing, transportation and supportive sewices. CCS has many programs in place including the United VVay Emergency Assistance Network. This program provides rental assistance, utility payments and vouchers for shelter, medicine and clothingitems to individuals and families in need. The Food Cupboard is a food distribution program supplied by Second Harvest Food. Bank, local grocery stores and bakedes as well as individual donations. Mora than 80,000 pounds of food are donated annually and distributed from CCS Headquarters. The Clothes Closet receives donations of clothing for all ages and distributes to those in need. During the Acquisition and Construction Phases of the Project, CCS will manage the process by working with BRIDGE Housing Corporation (BRIDGE) as development consultant. BRIDGE HousingCorporation is a nonprofit organization chartered in California to produce large volumes of high quality homes affordable to very Iow-, Iow-, and moderate-income households. BRIDGE ranks behind only Habitat for Humanity as the largest nonprofit housing organization in the country having developed close to 8,500 dwellings as it comes into ifs 18"' year as an organization. During the Operational Phase, CCS will be the owner and manager of the project. A resident manager will be employed and will have an office on site. Grounds and Maintenance responsibilities will be out-sourced. Prope~/management will be administered by CCS, which will build on CCS's experience managing the Transitional Housing Project. The location of the CCS offices on site will ensure close supervision of the management activities. Funding Priorities ..-...Please mark the f~nding priority your project meets. Affordable Housing: The purpose of this project is to finance the purchase, construction, rehabilitation of housing for very Iow (50% or below median) and Iow (80% or below median). (Please check one of the following) [] New Construction [] Rehabilitation [] Acquisition [] Emergency Shelter I-I Public Service Activities (Please check one of the following) [] Screening and Placement [] CupertinoBased Agency [] Americans with Disabilities Act (ADA). [] Public Facility Improvements Certi~cafion: Applicant ce, GGes that the information in this application is correct and that the funds will be used in a manner that complies with all Community Development Block Grant or Affordable Housing Fund requirements. Slgnaturel / ~ ~ Typed Name Date Signed Executive Director Please retum two signed copies of this form, at least one with original signature to: Community Development Department City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 Attention: Vere Gil If you have any questions regarding this application, please contact Yera Gil at the following phone number, (408) 777-3251 4 /?-,~7 APPLICATION ADDENDUM The following forms am to be completed by applicant proposing housing development projects: · Project Cost Form (Pages 6 & 7) · Project Financing Form · Project Proposal Cover Page · Project Work Plan · Proposed Activity Time Schedule · Project Budget The following forms are to be completed by applicant for public service projects: · Project Proposal Cover Page · Project Work Plan · Proposed Activity Time Schedule · Project Budget Project Name: The Heart of Cunertino · ' PROJECT COST This fo~m must be completed for all new con.traction projects. LAND: Total land acquisition cost CONSTRUCTION Site work Structures Off-site improvements BUILDER PROFIT Cont~mr overbead Contractor profit _ ARCHITECTURAL Design Survey & ~ngineering ..... Supervision PERMANENT FINANCING * 'All construclion financing sources are -- Loan origination fcc permanent financing Other: sources as well. CONSTRUCITON INTEREST & FEES Loan interest Origination fee Taxes Insurance Title/recording fees Appraisal Other: LEGAL FEES: DEVELOPER COSTS: Developer overhead ,, .. Developer fcc _~ OTHER Consultant fees Local permit fees Other: TOTAL CONTINGENCY: (%) TOTAL PROJECT COST: 6 - PROJECT FINANCING This form must be completed for all new construction projects. SOURCE OF FUNDS: Project's totnl estimated construction cost: $ 7.052.222 £ist ~ource~ of construction ]'mancin~, includin~ ~mls: ~;~Y °t Cu'pert~no BMH and CDBG ' '- bb years/0% County of Santa Clara HOMI=/CDB~ r ~ - 30 years/~o/3% city ut sunnyvale CDBG ..... ' 30 years/o % (c) 3 Bonds ,. _ : I UDI IUD Ulty O! LOS'Altos CDBG -. · ' ' I BO1 I BO C;~J of Cupertino BMR a ..... I IdOl I lid CCS Equity - N/V NA City of Cupertino CDisU 2001-2002 .' ' ~:: (propeaeO) 55 yearn/0% IOIAL. PERMANENT FINANCING: Project's total estimated construction cost: $7.052.222 List sources of constmction ~mancing, i~cluding gre~t~: -City Of C~i:)~i~OBMH and CDB6 ,5~ years/0% count7 of sant8 cIBm HOMeCUB6 " 3O years/§0/o/ City of Sunnyvale CUB6 . _ 3O years/0 % C,ty of santa Clara HUME C':'..'..; ~ . 30 years/0% City of LOS Altos GDBG -i~ I liD/ I lid Ci~/of Cupertino BMR ".; I liE}/ I lid CCS Equity ~':' F:~:' i NA/NA CRy of Cupertino {;;DlUU 2001-2002 ~':, ~,':-' ~" - (PropoeaO) 55 y®am/0% 8 /7- EXHIBIT A PROJECT PROPOSAL COVER PAGE General Information . Name of Applicant Program Year Cupertino Community Services 2001-2002 Contact Person I me Project Number (For O~l~e Use Only) Tom Earley BRIDGE Housing (Project Consultant) Adaross G~y ~tm~ Zip Goae 1 Hawthorne St San Francisco CA 94105 Te?pllona Number. Fax NumbeK ~-nl~ll Address,: (415) 989-1111 (415) 495. 4898 Tearley(~bridgehousing.c, om N=me Of Pmjecl/i.,rogrsm The Heart of Cupertino Loc,~tlon The east side of Vista Drive, immediately behind the new fire station. Project Type: I--I Single Family [] Homeownershlp [] New Construction [] Mixed Use [] Muitifamily [] Rent. al [] Rehabilitation [] Public Servise Project Description Please describe the p~ect with as many details as possible. Include general information, such as the number of units, number of Cupertino residents that will be served, services that will be provided, etc. This application seeks funding to assist Cupertino Community Services in developing a 22,000 square foot. mixed- use complex that will contain twenty-four affordable residential units with rants affordable to individuals ano families at or below 50% of the Area Median Income. The project also includes a freestanding 4500 square building, funded entirely by private donations, which will serve as the new Cupertino Communi~ S.e.?. ic?s ~om. g~m facility and offices. Theproject will include 12 two-bedroom units and 12 one-bedroom uni~ an? wi.I, in...?uce oo?. · townhouses and fiats. The residents will have access to a community room and common muno~ mci;ity as we~, as a landscaped courtyard and additional smaller outdoor open spaces. By providing new, affordable housing units to 24 individuals and households, this project will increase the supply of affordable rental housingin an a. rea severely impacted by a housing shortage. The project is an extension of the continuum of care that CCS has =een providing to those in the Santa Clara County region for over 27 years. The funds will be used for acquisition costs (a one-time lease payment) for the property. The Santa Clara County Central Fire Prote~on District currently owns the property and has executed a lease with the Ci~ of Cupertino. . The City of Cupertino will sub-lease the property to Cupertino Community Services. The funds will not be used to pay for administrative costs or staff time. x ~o° ~o o ~  City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CITY OF (408) 777-3251 C U PEI[TINO 77, 33 Community Development Depafl. ment Housing Services Agenda Item No. 1_.~8 Agenda Date: April 2, 2001 Subject: Approval of Community Development Block Grant (CDBG) agreement between the County of Santa Clara and the City of Cupertino for fiscal year 2000/01 and authorization for the City Manager to execute the agreement. Background: The Department of Housing and Urban Development (HUD) requires urban county lead agencies to sign an agreement with each city participating in the Urban County Cooperative Community Development Block Grant (CDBG) Program. The attached agreement, with one amendment from last year, covers the 2000/01 fiscal year and $553,421.22 in CDBG funds. This figure is a combination of $386,943.22 in the City's administration and project accounts for previous years (see attached cash control record) and ._ a new allocation of $166,478 for the current fiscal year. The amendment to the Cooperative agreement is substantial. It addresses the city of Cupertino's Rehabilitation Services program that provides Iow interest home improvement loans to qualifying households. For the past several years, the city of Cupertino has not had the staff available to conduct program outreach.~; Consequently, the number of loans issued by the city of Cupertino has declined. In an effort to continue to offer the loans to households the city and the county are proposing transferring the city program to the county for an administrative fee of $20,000 a year. The city will also transfer $200,000 to the county to fund at least four rehabilitation loans. Staff believes this proposal will best serve the needs of the citizens of Cupertino by allowing the program to continue operation with minimal impact on staff. Funds for the program operation will be provided from accumulated program income. Recommendation: Staff recommends approval of the attached agreement and Resolution No. 01-090 authorizing the City Manager to ex(]jcute/tfi~g:reement for the City. Iepared~.ra~Gi, by:~ i-' c'~ Pi~ase~l ~'~ A~,)~_d ~ibmiitta,:o ..... Approved bY:Dald~d~w. Knapp Senior Planner Director of Community Development City Manager Attachment: Resolution No. 01-090 Cash Control Record CDBG City/County Agreement G:\Planning~PDKEPORT~CC'~City county contract, doc Pr/nted on Recyo~d Paper Resolution No. 01-090 A Resolution of the City Council of the City of Cupertino Approving the Community Development Block Grant Agreement Between the County of Santa Clara and the City of Cupertino for Fiscal Year 2000/2001 and Authorizing the City Manager to Execute the Agreement WHEREAS, the City of Cupertino p~rticipated in the Urban County Cooperative Community Development Block Grant Program; and WHEREAS, the'Department of Housing and Urban Development requires an individual contract between thc County of Santa Clara and participating cities; and WHEREAS, the City Council has reviewed the proposed contract and exhibits; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupe~ino hereby authorizes the City Manager to execute the agreement covering $553,421.22 in CDBG funds for the period of July 1, 2000 through Sun~ 30, ~001 between thc County of Santa Clara and the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of April, 2000 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: Attest: :. Approved: City Clerk Mayor, City of Cupertino G:/planning/pdreportTros/city-county contract COMMUNITY DEVELOPlVlENT BLOCK GRANT COUNTY/CITY CONTRACT Contract No. CU-OI-O0 THIS Contract is made and entered into by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter "COUNTY"), and the ClTY~'rOWN OF CUPERTI#n (hereinafter "CITY") participating as a member of thc County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinagter "CDBO") Joint Powers Agreement. The allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation and disbursement of CDBG funds to CITY on May 9, 2000. ~rlTNESS~.TH' WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department bf Homing and Urban Development (hereinafter HUD) as an entitlement jurisdiction purs-~at to the provisions of Title 1 of the Ho'using and Community Development Act of 1974, as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a hoUSing program to be operated within COUNTY and which shall benefit low and very low income households; NOW, THEREFORE, the parties agree as follows; L PROGRAM COLrNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to thc CITY, as a subrecipient of thc County being the sum of ~IvF HUNDRED FIFTY-THREE THOUSAND FOUR HUNDRED TIdENTY.-ONE DOI!I!ARS AND 'IIJENTY-'I'~O CENTS Dollars ($S~;3,421.22 ) for the purpose of reimbursing the City for costs incurred to implement the housing program (hereinafter "PROORAM"). A lump sum figure is allocated for this contract and the parties understand mad agree that the allocation is distributed by the COUNTY through reimbursing th~ CITY for allowed expenses, and no lump stun distribution of CDBG funds is made at the outset of this contract. Reimbursement for Fiscal Year 2000/01 shall not exceed the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG allocation of funds to CITY, and roll- over of unexpended CDBG funds from previous years allocations to CITY]. CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. As a condition to this contract CITY shall submit numerous exhibits marked as noted herein, attached to this contract, incorporated by this reference, as though fully set forth as follows: Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule) Exhibit "D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "O" (In.~urance), "H" (Contracting Principles Documents), and, if applicable, 'T' (Urban County Rehabilitation Services) or an equivalent acceptable format for providing this information, for all allocated CITY projects awarded funding during Fiscal Year 2000/01. The approved versions of such submittals shall become a part of this Contract by being attached hereto and by this reference incorporating such submittals. A. The purpose of this Contract is for the COUNTY to disburse CDBO funds. Unless amended prior to its 'expiration, the term of this Contract for chsbursement purposes shall begin on July 1.2000 and shall te,,~inste on June 30. 2001, or unless termil~ted earlier pursuant to Section V or Section VII of this Contract. Invoices requesting disbursements submitted after the expiration of the contract will be honored only for cbsrges incurred during the contract tenn. ._ .B. The term of expenditure by City for the grant amount provided for herein shall begin on July 1.2000 and terminate on the earliest of the following dates as set forth herein: June 30.2001. or later date per amendment to this Contract; the date of the expenditure of the total grant, and/or program income amount provided for herein; upon the termination date established pursuant to Section V or Section VII of this Contract. Ill, OBLIGATIONS OF CITY' A. City 1. Provide COUKIW with written certification that the following information will be on file ' at the CITY offices, and will be subject to monitoring by HUD and/or COUNTY HCD staff, or their representatives. Names and addresses of the current CITY Manager and CITY Council members; b. Copy of CITY'S approved Af~r~Ative Action Plan; and c. Records of all CITY Council meetings.dealing with CDBG matters. ~ 2. CITY shall provide COUNTY with information and housing objectives for the Urban County Comprehensive Housing Affordability Strategy (CHAS) and/or the Consolidated Plan upon request at the b~sinnln$ of each program year. B. ProgramPerformance by CITY. CITY shall: 1. Conduct the PROGRAM w{thlr~ Santa Clara County, for the purpose of benefiting low and very low income households. 2. File quarterly reports with COUNTY on the type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAlVl is achieving its objectives and goals as a participating.non-entitlement city. C. Fiscal Responsibilities of CITY. CITY shall: 1. Appoint and submit the name of the CITY managerial staff who shall be fesponslble for the financial and accounting CDBG activities of CITY, including L~e receipt and disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name, and CITY will submit three (3) new signature cards if applicable. 2. Establish and maintain an accounting system that shall be in confo~'~uance with generally accepted principles of accounting. The accounting system shall be subject to review and approval of COU~VI~. 3. Document all PROGRA_~ costs by maintaining records in accordance with Section HI, Paragraph D below. 4. Submit to the COUNTY request for reimbursement, as needed, supported by documentation as agreed to by CITY and COUNTY. 5. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit "G" (Insurance); and obtain certificate of sufficient insurance from all subrecipients which shall list CITY as additional insured. 6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or termination of this Contract as provided for herein. 7. CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities may be identified through audits, monitoring or others sources. CITY shall be required to respond to any adverse findings which may lead to $ disallowed costs, subject to provisions of OMB Circular A-87, "Cost Principle.~ for State. and Local Governments", and A-128, "Single Audits of State and Local Governments". CITY shall be required to respond to any adverse findings which may lead to ineligible activities, subject to provisions of 24 CFR Part 570.201-206 "Eligible Activities" and 24 CFR Part 570-207 "Ineligible Activities". D. Establishment snd Maintenance of Records. CITY shsil: 1. Maintain complete and accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly: a. All direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and b. Ail other matters covered by this Contract. E. Preservation of Records. CITY shall preserve and make available its records: 1. Until the expiration of five years from the date of final payment to CITY under this Contract; or 2. For such longer period, if any as is required by apphcable law; or 3. If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of terwlnation. F. Examination of Records: Facilities. At any time during normal business hours, and as often as may be deemed reasonably necessary, CITY agrees that HUD and the COUNTY, and/or any duly authorized representatives may until expiration of: (a) five years after final payment is made pursuant to this Contract, Co) five years from the date of termination of this Contract, or (c) such longer period as may be prescribed by law: have access to and the right to examine Subrecipient CDBG records and facilities. The CITY shall provide lang-sge in it's Contracts with all Subrecipients stipulating that at any time during normal business hours, and as often as may be deemed reasonably necessary, Subrecipient agrees that HUD. and the COUNTY, and/or any duly authorized representatives may until expiration of: (a) five years after final payment is made _ pursuant to this Contract,.Co).five years from the date of te,-,iuation of this Contract, or (c) such longer period as may be prescribed by law: have access to and the right to examine Subrecipient CDBG records and facilities. CITY also agrees that COUNTY or . 4 /?-7 any duly authorized representatives sh~ll have the right to' audit, examine, and make excerpts or transactions of and fi.om, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY will be required to respond in writing to the HCD Program Manager to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by COUNTY. G. Compliance with Law. CITY staffshall become familiar and comply with and require all its subcontractors, independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not limited to, those Federal rules ahd Regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY shall comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments", and OMB Circular A-128 "Audits of State and Local Governments." In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this PROGRAM. IV. OBLIGATIONS OF COUNTY A. Method of Payment, During the term of this Contract, COUNTY shall reimburse CITY for all allowable costs and expenses incurred in connection with the PKOGKAM, not to exceed the total sum of the beginning tis.cai year Cash Control Record plus all Program Income accrued during the fiscal year. Reimbursement for eligible expenses will be paid by COUNTY within thirty days (30) of the date the reimbursement request is received by COUNTY HCD staff, under the provision that the CITY has complied with all PROGRAM regulations, and contract conditions agreed to by CITY and COUNTY. Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S non-compliance to PROGRAM re~lations and conditions. Substantial non-compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in III, paragraph B.2, of tiffs Contract, failure to provide and maintain an accounting system that shall be in confornmnce with generally accepted principles of accounting, or based on the suspension · or termination of the Grant to COUNTy made pursuant to the Housing and Community Development Act of 1974, as amended. 5 /?.? B.In the case of CITY substantial non-compliance prior to exercising any recourse authorized herein, COUNTY shall i,~itiate the following procedure: 1. Notify the CITY Coordinator in writing of the alleged substantial non-compliance and request an immediate meeting between CITY Coordinator and COUNTY HCD Program Manager to resolve issue(s). If issue(s) is(are) not resolved satisfactorily within thirty (30) days, notify CITY Manager in writing requesting an immediate mee.ting between CITY Manager, CITY Coordinator and COUNTY HCD Program Manager to resolve the issue(s). 2. Determlue if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; 3. Review the procedure to be followed under V. C. of this Contract '(CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to HUD's Regional Office detailing the substantial non-compliance issues and the steps being i~_stituted to correct performance, copy to the CITY Manager. _ C. Compliance with Law. COUNTY sh,!! become familiar and comply with and require all its subcontractors and employees, if any, to become fsmiliar and comply with all 'applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not limited to, those Federal rules and regulations, executive orders, and statues identified in "F' ASSURANCES. Specifically, COUNTY shall comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments", and OMB Circular A128 "Audits of State and Local Governments". In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart $, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to this PROGRAM. V. CONTRACT COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance shall be the mut~l responsibility of both COUNTY and CITY, with the understanding that HUD looks to COUNTY as.the solc r~sponsible party for meeting PROGRAM requirements. CITY shall furnish data, statements, records, information and reports as mutt~lly agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review and evaluate the performance of the PROGRAM and its components. COUNTY shall have the right to request the ser~'ices of an outside agent to assist in any such evaluation. Such services shall be paid for by COUNTY. $ B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract (24 CFR 85.43 "Enforcement") COUNTY shall have the right to terminate this contract or to require corrective action to enfome compliance with such provision. Examples of non-compliance include but are not limited to: 1. If CITY knowingly has made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. 2. If there is pending litigation with respect to the perfoLmance by CITY of any of its duties or obligations under this Contract which may materially jeopardize or " adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this Contra~t following te, min~tion or conclusion of such litigation. 3. If CITY has taken any action pertaJnlng to the PROGRAM, which action required COUNTY approval, and such approval was not obtained. 4. If CITY is in default under any provision of this Contract. 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or Joint Powers Agreement. C. Corrective Action Procedure. Once non-compliance is established the following procedure shall be initiated: 1. COUNTY HCD Program Manager and CITY Manager shall negotiate a time frame and course of action for correcting the non=compliance; 2. Under this Contract, CITY shall provide COUNTY with a written plan and time frame for correcting the non-compliance issue (s). Such plan shall be submitted by CITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY. 3. CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting between the COUNTY HCD Program Manager and thc CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); 7 4.COUNTY shall have the fight to require the presence of CITY officers at any hearing or meeting called for the purpoSe of considering corrective action; and 5. CITY has the right to appeal all findings of non-compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and HUD. D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing, COUNTY may terminate or suspend this Contract by written notice to CITY for any of the following reasons: 1. The non-compliance issue(s) as set forth in Section V, B have not been addressed and resolved within the aforementioned corrective action plan time period; 2. If CITY is in bankruptcy or receivership; 3. If a member of CITY'S ms~_~,gement is duly found to have comm/tted wrongful acts in connection with the CDBG pro~r-m (termination or suspension sh,!l be applied only to that portion of the CDBG program for which the person who committed wrongful act is responsible); 4. If there is reliable'evidence that CITY is unable to operate the PROGRAM. Suspension of payment or termination under this section sbRl! be effective on the date notice of termination is received by CITY, or such later date as may be specified in the notice. VI. PROGRAM COORDINATION A. COUNTY. The County Executive shall assign a single PROGRAM MANAGER. for COUNTY who shall render overall supervision of the progress and performance of this Contract by COUNTY. All services agreed to be performed by COUNTY shall be under the overall direction of the PROGRAM MANAGER. B. CITY. As of the date hereof, CITy has designated to serve as CITY CDBG Pro/mm Coordlnstor, and CITY MANAGER (or assignee approved by the CITY Council) to assume overall responsibility for the progress and execution of this Contract. The COUNTY shall be immediately notified in writing of the appointment of a new CITY CDBG Progr, m Coordinator. or a new CITY MRn,ser (or assignee appwved by the CITY Council). C. NOTICES. All notices or.other correspondence required or contemplated by this Contract sh. II be sent tO. the parties at the following addresses: 8 COUNTY Charles Chew, HCD Proflrarn Manager Housing and Community Development Program 1735 North First Street, Suite 265 San Jose, CA 95112 CITY Name of CITY Address of CITY Name of CITY MANAGER Ail notices shall either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy-two (72) hours a/ter deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VII. TERMINATION A. In addition to the COUNTY'S right to terminate for cause set forth in Section V, either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration", and/or 24 CFR 85.44 "Tew,lnation for Convenience". Provisions of the Reallocation Guidelines will apply, but may be adjusted if termination is for cause. B. Upon termination, either under this Section VII or Section V, CITY shall: I. be paid for all documented services actually rendered to COUNTY to the date of such te,ntination; provided, however, COUNTY shall be obligated to compensate CITY only for that portion of CITY'S services which are allowable costs and expenses as dete~.ined by an audit or other monitoring device; 2. turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared by CITY or its subcontractors or subrecipients, if any, in connection with this Contract. Such materials shall become property of COUNTY. CITY, however, shall not be liable for · COUNTY'S use of completed documents if used for other than the services contemplated by this Contract; and 9 transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBO funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate Contra~t per the provisions of the Santa Clara County CDBG REALLOCATION GUIDELINES. C. Upon termination of this'Contract, CITY shall immediately provide COUNTY access to and copies of (if requested) all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to thi~ Contract. VIII. USE AND DISPOSAI, OF I~AL OR PERSONAL PROPERTY CITY and COUNTY will be accountable .for all applicable Federal Regulations ~'detailed by 24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subreclpients), 570.504 (Pro~x~trn Income), and 570.505 (Use of Real Property) with regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds. A. In addition, 24 CFR Part 85 (The Common Rule) includes definitions Under 24 CFR Part 85.3, however, Common Pule 85.31 (Real Property) DOES NOT APPLY TO CDBG ._ ACTIVITIES. The following definitions will apply to this Contract: B. Definitions. 24 CFR, Part 85 (Common Rule) 85.3 1. Equipment means tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 2. Title as defined in detail in 24 CFR, Part 85.32 (a). 3. Uae as defined in detail in 24 CFR, Part 85.32 (c) (I). 4. Suoolies as d¢~qned in detail in 24 CFR, Part 85.33. 5. Procurement. Use and Disposition of Real Property as defi~ed in detail by 24 CFR, Part 570.503 (Agreements With Subrecipients), 570.505 (Use of Real Property), and 570.504 O~o~a Income). IX. PROGRAM INCOlVfE Income generated by the Pt~.OGKAM shall be regulated by all provisions of 24 CFR. 570 Subpan J "Grant Administration", and the Santa Clara County CDBG RJEALLOCATION GUIDELINES. (C. 1. a.c. ) X. INDEPENDENT CONTRACTOR This is a Contract by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcontractors, shall not have any clsirn under this Contract or 5[herwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XL ASSIGNABILITY A. This Contract may not be assumed nor assigned to another CITY, CORPORATION, PER~ON, PARTNEI~SHIP or any other entity without the prior written approval of COUNTY. B. None of the work or services to be performed hereunder shall be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or subcontract, the subcontractors, assignees or delegates shall be deemed to be employees of CITY, and CITY shall be responsible for their performance and any liabilities attaching to their actions or omissions. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLW. NT INFORMATION COUNTY and CITY agree to maint-i,~ the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Con~act or their immediate families which may be obtained through application fol,,,s, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only if peL.,,itted by law or as necessary for purposes I? related to the performance or evaluatlon of the services and work to be provided pursuant to this Contract, and then only to persons having responsibilities under t,hAs ConTact, includ/ng those furnishing services under the PROGRAM through approved subcontracts. ~. HO~.r~ NA~dVILE$S CITY shall indenmify and hold ha~uless, the COUNTY, its employees and elected officials, boards and commissions, with respect to any Homages, including attorney's fees and court costs, arising from:' 1. Any negligent act or omission, or willful misconduct arising out of any work or service performed by CITY, its off%ers, employees, agents or subcontractors under the PROGRAM or this Contract, including but not limited to the evaluation and monitoring of subrecipients PROGRAM performance. COUNTY shall indemnify, defend and hold harmless, the CITY, its employees, officers, officials, boards and commissions, and agents, with respect to any claims, causes of action, or damages, including attorney's fees and court costs, arising from: 1. The failure of COUNTY to reimburse CITY for eligible costs as defined by HUD .~. and this Contract;' and 2. Any negligent act or omission, or willful misconduct arising out of any work or service performed by COUNTY, its officers, employees, agents or subcontractors under the PROGRAM or this Contract. All additional provisions set forth in Exhibits "A" - "G", attached hereto and incorporated herein by this reference, e.g. Insurance 'G", shall be reqUired by CITY of all its program recipients. XIV. WAIVER OF RIGHTS AND R~,MI~,BW-~ In no event shall any payment by COUNTY constitute or be cons/rued to be a waiver by COUNTY of any breach of the covenants or conditions of this Contract or any default which may then exist on the part of CITY, and the making of any 'such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event ShAi! payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to CiTY on any item which is not eligible for payment under the PROGRAM or this Contract. XV. NONDISCRIMINATION In connection with the performance of this Contract, CITY assures that no person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual preference, age, handicapped status, or union activity. XVI. EOUAL OPPORTUNITY REOUIREMENTS The County of Santa Clara is an equal opportunity employer. CONTRACTOR shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's equal opportunity requirements. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The kShabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Oovemment Code sections 12900 et sea.); California Labor Code sections 1101, "1102, and 1102.1. CONTRACTOR. shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. XVII. AMENDMENTS Amendments to the terms or conditions of this Contract shall be requested in writing by the. party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVIII, INTEGRATED DOCUMF.~ This Contract, in conjunction with the Santa Clark"County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract shall'affect or modify any of the teL:us of obligations contained in any documents comprising this Contract. XIX. ATTORNEY'S FEES In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of this contract, the prevailing party shall be enli~led to r~cover reasonable attorney's fees and costs. -- X3L ~Vfl~C~.T ,T ,AN~.OUS A. The captions of this Contract are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or me.niug of the provisions of this Contract. B. All exhibits attached hereto and referred to in this Conkact are incorporated herein by this reference as if set forth fully herein. IN WITNESS WHEREOF, the parties have executed this Contract in duplicate the day and year above written. ATTEST: COUNTY OF SANTA CLARA Clerk, Board of Supervisors Chairperson, Board of Supervisors APPROVED AS TO FORM AND CITY T.IZ.G,AT.1Ty: Deputy County Counsel By:- APPROVED AS TO FORM: City Attorney FY 2000101 Files Cities - Contracts 2000/01 Dec. 4, 2000 14 · . -...i Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2000/2001) AGENCY DESCRIPTION DATE PROJECT # APPLICANT AGENCY: PROJECT NAME AND ADDRESS: Name Add'tess Telephone FAX PROIECT D~.SCRIPTION Rev. 6/8/00 ig-/t z EXHIBIT CF__=Ci-~F~CAT~O NS In accordance wit,h the apl=lic~ble statutes and the regulations _ccverning ~e ccnscli~ pl~ regulations, the judsdi~Jon ce~es .Affirmatively Fu~er Fair Ho~ing -~ne jurisdic~cn ~I[ affirmA~ely ~er f~r housing, whic~ means it will condu~ ~ analysis of impedimen~ to f~r housing ~oice w~in juHsdi~icn, ~e Appropriate A~ions to ~verccme the e~e~ of ~y impedimen~ iden~ through that ~nAlysis, ~d m~ntain records refle~ng that ~ysis.~d Anti-displacement and Re!acation Plan -It will comply with the acquisition and reicc~ticn requirements of the Uniform Relocation Assistance and Reel PropertF Acquisition Po{ic~es AG of 1ST0, e.s amended, and implementing regulations at 49 CF,=[ 2~.; a~d it has in effe~ end is following a residential antidispiacement and relccatJon ~ssistance plan required under sec:ion 104(d). c.f the Hcusing and Communi~ Deve!cpment Act, cf 1 .~74, As amended, in ccnnec"Jcn with any ~.c~.ivi~! assisted with funding under the CDBG or HQME programs. Drug Free Workplace - It wi[l or wiil continue to provide a. drug-fi'aa wcrkp(Ace by: 1. Fublishing · st.--tement notifying em.cloyees that the unlawful manuf,.--c'~.zre,-diS~'~budon, dispensing, possession, or use of .~ controlled substance is prohibited in the grantee's workplace end specify, lng the Actions *.hat will ~e taken egain~ em.clcyees for violation cf such prohibition; 2. Establishing An ongoing drug-free .~wareness program ~o irrfcrm, employees eJco~- (a) The dangers of drug a.buse in the workplace; (b) 'i-ne grantee's policy of maintaining a drug*free workplace; (c) Any available drug counseling, rehabiiit----tion, and employee Assis~nce programs; ~nd (d) ~ne penalties that may be imposed upon employees for drug'abuse viaia~cns oc~arring in the workplace; 3. Ma.king it · requirement that e~ch employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement require'd by paragraph 1 that, As a condition c~f employment under the grant, the employee will - (a) Abide by the terms of the s~atement; and (b) Notify the employer in wdting of his or her conviction for ~ violation of a criminal drug statute oc-'"arring in the workplace no later than We calendar days after such convi on. 5. Notifying the agency in writing, w~thin ten ca~enda~ d~ys ~,fter receiving notice unde~ subparagraph 4(b) from an.amployee or otherw{se receiving a~uel notice of such conviction. Employers of convicted employees must provide notice, including positicn Uae, to eve~,/sran~ c~ticer or omar cesfcjnee cn wncse ~;r~-' ::~vt=y .'ne ccnwmac employee w~ warki~ unless ~he Federal agent/h~ ~,~, ~ted a can~'~ ~cint for · e receipt ~t such not, cas. Nc~ca sh~l include ~e ~den~on number(s) of each ~ffemed ~. Taking one cf the follawins a~ans, within 30 c~end~'d~ys ~f race.ns notice subparagraph 4(b), wi~ respem to ~y employee who is so c=nvimed - {a) Taking apprcFriete personnel amion ag~n~ such ~ employee, up to ~d includJn~ termination, c=nsistant wi~ ~e requirements of the Reh~ilit~on ~ended; or (b) Requiring such employee to psFJc{F~ta s~sfem~dly in ~ d~g ~buse.assJstsnce cr rahsbilits~on program apprcved far such pu~oses by ~ Fe4er~l, State, cc I~ce! he~th, low enforcement, ar a~her appropriate aGan~t; 7. Mg~ing ~ gcod leith affc~ to continue te mgint~in s drug-frae wer~pl~ca .. implementation cf pacsGrsphs i, 2, 3, 4, 5 ~nd 8. Anti-Lct=byi~ -To ~he best cf the judsdi~cn's knowledge and be!ief: , · ~ 1. No Federal appropria~.ed'funds have been paJd or will be paid, by cren beh~ cf ~ tc any . person fcr influenc~nG cr s~ampt~ng to i~luenca an ~cer oc emplcyee ef s~y Member ef CenGress,'sn cfficar or em.ployee of Congress, or an emFleyee cf ~ Member ~f Congress in c~nac~[on with the Awarding ef ~y Federal c:n~sc=, t~e making of Federal grsn~ ~e making of any 'Fedar~ loon, ~e entering into of any cecpere~ve ~graament, and the e~ansic~, continus~cn, rene,~l, smendmen~ cr m~d~ic~on of Federal contract, gren[, loon, or ccoper~va egreemen~ 2. If Shy funds other [~en Federal appropriated ~nds have been p~d ac ~11 ~e paid person fac influenc~n~ ~r ~empting to i~fl~anca an officer o~ employee of ~ny Member of Congress, ~ officer or emFIoyee of Con,ross, or ~n employee cf s of Congress in ccnnec~ion with this Federal ccntrsc~, grant, Icon, or agreement, it ~[I c~mplete and submit S[~ndard Farm-LL~ "Oisclosura Form to Lobbying," in ecccrd~ce with its instrucficns; end 3. It will require that t~e language af paragraph (n) of this ce~ifica~an be included in the award documents fo~ all subawards st all tiem Onc!uding subcon~e~, subgr~ts, and con~s~s under grants, lo.ns, and ccoper~tive agreement) and ~at ~1 subrec[pients shall ce~ ~nd d[sclcse ~ccordingly. Authority of Jurisdiction - The consolidated plan is author[zed under $1~te'and local [aw · (as applicable) and the jurisdiction possesses the [egai authority to c~rry out the programs for which .it ia seeking funding, in accordance with applica]31e HUD regul~l~ons. Consistency with plan - The housing activities to be undertaken wittl COBG, HOME, ESG, and HOPWA funds a~e consistent with the strategic plan. Se=ion 3 - It will camply with sec*Jori 3 =f the Housing and Urban Develcprne~t AG =f 1.c~.=, end irnp~enting- regulations et 24 CFR P.~rt 135. . .- Sig ' ' Date Counl:y Execul:'ive '~tle specit~c CDtSG Certlt~¢atJon= _. The =_nt[tlement Cemmunity ce~as Citizen Pa~ic~pati=n - It is in ~ll.ccm~li=nce and fcllcwing ~ det=ile~ c~zsn plan ~=t sa~sfies the requirements =f 2~ CF~ ~1.1Q5. C=mmun~y Developme~ Plan - ~ cons=li~=ta~ he,sing end commun~ devsl=~ment i~ent~es communi~ development ~d ho=sing needs ~d spec[ties b=~ shc~-~a~ =~d te~ ccmmuni~ development =b[ect~es the prcvfde decent housing, expan~ economic opted=nit[as primarily fcr persons =f Iow =nd mcdar=ta [nccme. (Sea CFR 2~ 5~Q~ 2~ pan ~Q) Foll=win~ a. Plan -I~ i~ f=llowinG= c=~a~t cc~sol[~=~ad ~[=n (cc ComFrehens~va Hc=s~n~ A~crC~biiit? Strategy) [~ ~as ~ean epprcve~ ~y HUD. Us~f Funds - It h~ ccmplied ~ the foil=wing cdt=rf=: 1. M~imum Feasible Pricr~/. ~th resoect, to eC~ifies excec~e~, to ~e ~s[~a~ ~th ~s, ~ cavities that it h~ developed i~ Act[eh P!~n se ~ to ~ive m~im~m fe~[~ie pdcri~ to a~ivi~as which benefit Jew And meder;te income families cr ;id in ~e preventicn ~r eliminaficn =f slums er ~li~ht. The A~Jcn Plan may ~s= include which the GrAntee can[ties are designed to mss[ =~er. ccmmuni~ dsve{e;ment having ~ ps~culsr urg~n~/~e~use e~s~n~ ccndi~cns pcse~ se~eus ~d three[ to the health er weif~a cf the ccmmuni~/, and ether fin~c~ resources ~ GverAll Senefit. ~na AggregAte use =f COSG funds including section 1Q8 la=ns during pro~rem year(s) '2~, (a ~eded spec~ied by ~e grantee ccns[sting =f one, ~a, ar ~hree sFacific c=nsacmNe prc~r~ years), sh~l benefit persons of Icw ~nd mcdare~e income in e manner that ensures that ~ percent of the amount is expended for =~ivit[es ~at benafi~ such ~ers=n~ during design=tad period; Soeclal Assessments. It will not a~empt to recover any capital costs of im.crevements assisted-with CO~-G funds incl,,ding Se.,.~en 108 loan guaranteed funds ~,y assessing any amount agains~ prope~ies owned and occu.oied by persons ef Iow and mac[state inceme,' including a~y fee char~ed er assessment made as a ccn~itien cf obtaining access to such public improvements. Hewevet, if COBG funds are used to pay the prooor~en of a fee er assessment relates to the capital costs of public improvements (assisted in part with COBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect .to the public improvements financed by a source other than COEG funds. The jurisdiction will not attempt to recover any capital costs %f public improvements assisted with COBG funds, including Section 108, unless COSG funds are used to pay the proportion of. fee or assessment attributable to the capital costs of public improvements financec[ frcm ctl~er revere'" sources. In .'.his ~..se, an a~sessm, .ar ch~r_~e mac!e e~ain~ the prc.c=er~. .tit res.ce~ tc: t~e ~u~,lic im.crcvemeri~s fina.qced 13y a scurca c~er man CDEG ,'uncle. Aisc, in the c2se of prcpe~es awned a.q~ cccugiec[ by inccme (nat Iow-income) families, an a.sses~mem or cha4'ge m~¥ be made aga~n~ properS;, far pu~i¢ imprcvements fine, cad by a scurce other then CoEG funds if the juris~ict, ian cenffies that it l~cks CDEG funds to c~ver t~e e. ssessmedt. F_.xcessive Force - It has adcpteci e. nd is enfcrclng: 1. A Fclim! prohibiting the use of excessh/e force by I~w enfcrcement ~gen~;es ,M~J~in jurisdiction aga[n~ --ny individuals en~eged in non-viclent ch/il rights ctemcnstra~cns; "- A polio/cf enfcr~ng ~.c.olicable $~--ta ~-c.d [ccal laws against physic---.Jly ~arring ~.nttsnce tc or exit from e. facili~ ~r [ccatian which is ~,he subje~ cf such ncn-viclent ch/ii ri.chis demand-arians wff, hin its jurisdiction; Cc, mDlience With A~!-c~iscriminatJcn laws - T;,'~e grant will be Ccndu~e,J- an.d acSm, inistar~. in ccnfetmit,/with tiff-' '/I of ~e Civil ,~ic_hts A~ of I g~4 (42 USC 2C~(~d), the Fear Hcus!nc. A~ (,C USC 3~0, 1-361 .c), a,n~ [mclementing Fecula.:icns. .~ Ls~_~:~-esed Pai~ - Its nctif[c~_ticn, ins.ca,iCh, .'.e~fng and aJoa?.ement .=rcceCures ccncerning {ea4-;=esed p=int will comp[.v wit~q ~he requiremen;s cf 2"--. CF.-'. Coun:v Executive ~tle A~.°~NDI× TO CF_.=.T; ;A~ONS · INSTAUC'i'iON$ CONGE~.NING L(DE~YING AND DRLJG-FRE-- WGRK~LAGF_ A. Lobbvin<= Certification This cer'dfic.~tion is · material representation of fact, ul:on which reli~-qce ,~'~.s I:laced when this t~ans~ct, ion we.s m~de er entered i.nto. Submission of this certification is prerequisite for making or entering into His trensac,,ion imposed by sec'J.;cn 13-:2, tit!.'e 31, U.S. Code, Any person who fails to file the required ca,d~ication shall be subje~ .a c!vil penalt~ of not less th~n $10,O~O an~. not more ~,ha~ SiCO,CC0 for each such fa/lure. E. Oruc-Free Wrrkolace Codification 1. @y signing end/or submi~inG ~,his eg.clica~Jcn or grant agreement, f~he grantee is' providing the codification. 2. ~ne ca~kic~tian is e m~tarial rapresent~an of fec~ upon which reliance i~ ~l~cad when the agencj ~w~s the ~r~t. If it is later datelined bhet ~e gr~tee knowingly rendered ~ f~lse c~m~icet[cn, ar a~e~,vise ,Acietas ~he re~uir~men~ cf ~he Drug-Frae Workplace Act, HU0, in Addition tc ~y.a~er remedies e,~il~51e tc ~he ~eder~l Government, m~y t~ke Ac:ich a~cdzsd under ~e ~g-Free Werkplsca Act. 3. Fcr GrAntees other bh~ individuals, AlternAte I Applies. ~is is the inf~s~cn to which jurisdictions ceAi~). 4. For ~r~nt~es who ere indNidu~ls, Alternate Il Applies. (Not ~ppli~ble jurisdictions.) 5. WorkplAces under ~r~n~, for ~r~t~as other then [ndividuA. s, need n~t be identified cn the codification. If known, they may be iden~ied in the gr~t application. If the grantee does net ida~ti~ the workplaces et ~e'Qme of application, cr upon Award, ~ there is nc ~pplic~n, ~e ~r~ntee mu~ keep th~ identi~ cf the workplace(s) ~n file in its office ~d make the information Available for Fedora/inspe~i~n. Faiiur~ to idenQ~ ~1 known workplaces c~nstit~es ~ violation ~f ~e grantee's drug-free wo~pleca requirement. 6. Wcrkpiace idenUfications must include the A~u~ ~ddrass of b~i[¢ings '(or peas of buildings) or other sites where wed4 under ~e gr~t t~k~s plash. CAtegorical descriptions may be used (e.g., a/I vehicles of a m~s ~s~ ~uthod~ or Slate highway depz~ment while in operation, S~te employa~s in each t~c~l unemployment office, pefiormers in conca~ h~ls or r~di~ stolons). 7. If ~e workplace idenQfied'to ~e egen~ changes du~ng ~e peflo~ce of · ~e gr~ ~he gr~te~ sh~i inform ~e ~gen~ of ~e change(s), ~ it previeus~ - idenQfied the ~rkplaces in ques~on (sea p~gr~ph ¢~e). 8. The grantee may inse,' =n the space .'crcvic~ed below the sit for the .cerf, orm~.~.c_~ cf work done in connec. . with the s,~ec~fic grant: Place el' Psd=rmance (S~e~ addre~, c~, coup, ~=ta, ~p cede) Coun~ of Santa Clara Housing and Coua~uni:y Developmen: Program Check if there are workplaces cn file .'.ha.'. are not iden:~ed here; The cer~;,~ca:icn with regarc.; to the drug-free workplace required by 2~. CFR part 24, subpart F. g. Definitions cf terms in the Ncnprccureme~t Sus.ce~s[cn end DeL"srmec,~. common rule and Drug-Free Workplace common rule aptly to this car~c~ticr.'. Grantees' attention is called, in p~cuiar, to the fo[Icwin_~ definitions from t~ese -- rules: "Controlled substance" me~.ns a cont,°oiled sub~--nca in Schedules I thrcugh V cf t~he Controlled Substances A~ (21 U.S.C.812) ~d zs fu~her defined by reg~leticn (21 CFR 1308.11 through 1~.1~); "Ccnvic~cn" means a fin~[n~ of ~uii: (~nc~in~ ~ pl~ ~f ncic con,ankara) cc imposition of sentence, o~ bo~, by ~y ju~ic~ ~ody c~er~ed with the responsibiii~ to determine ~cle:icns of the Federal cr S~at~ cdminal drug "C~[minal drug statue" means a Federal or non-Fe~rel c=imin~ ~etute involving ~e menufe~ure, distribution, dispensing, us~, or possession of ~ny . con~alled subst~ce; · Employ,a" me~ns :he employes ~f e grznt~ dire~!y engaged in the Dedc~ca cf work under · grant, including: O) All "direct charge" amplay~s; (i~ ~11 "indirem charge" employees unless their impact ar involvement is insignificant to ~e pedormance of :ha grant: and (iii) tempora~ personnel end consultants who are dire~ly engaged in the pedarm~nce of work under the grant and who ara on the gr~nte~'s p~yroll. ~is definition does not include workers not on the p~yroll at the grantee (e.g., volunteers, even if used to meat ~ matching requirement; consultants ar independent contractors not on ~e grantee's payroll; ar employees of subrecipien~ or subcon~actors in covered workplaces). ._. EXItlB~ F' ASSURANCES CORPORATION hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant fumm changes to Federal Regulations or OMB Circulars. SPecifically CORPORATION gives assurances and certifies with respect to the PKOGRAM that it is in compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart $; 24 CFR, Part 570, Subpan K; and will be conducted and administered in confo,.uity with "Public Law 88.352 and Public Law 90-284. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthe~g fair housing; Executive Order 11063, as amended by Executive Order 12259'addresses discrimination. HUD regulations implementing Executive Order 11063 are contained ~n 24 CFR, Part 107; 2. 570.602. Section 109 of the Act addresses discrimination. 3. 570.603. Labor Standards. 4. 570.604. Environmental Stancl~rds. 5. 570.605. National Flood Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7. 570.607, Employment and Contracting Opportunities. 8. 570.608. Lead-Basad Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. I 0. ·570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Pan 85 (Common Rule), and OMB Circulars A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non- Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part 24), and A-133 (Audits of ln.'rtitutions of Higher Education and Other Non-Profit ln.~titutions), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are set forth at 570.502. EXHIBrF F- A$$UFIANGE$ I REVISED 11/15/00 11. 570.611. Conflict ofln, terest. 12. 570.612. Executive Order 12372 allows States to establish its own process for review and comment on proposed Federal financial assistance programs, specifically the use of CDBG funds for the construction or pJA~rting of water or sewer facilities. wg/f,/2000/O l/fil~s con~dct~o, sSUlTances EXHIBIT F- A$SURANCES 2 REVISED 11/15/00 / EXHIBIT H DECLARATION OF CONTRACTOR (to be completed by all Type I or Type II contractors) A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on Contracting Principles. If this box is checked, please complete the following: Type I Category: Section II C.6 Explanation: Contract with other public aqencies. B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting -- Principles. C. To be completed by Contractor: The contractor currently has other County Contracts for the same or similar services: [ ] Yes [] No If Yes is checked, please list and describe contracts, types and dollar amounts. D. I am authorized to complete this form on behalf of (name of contracting entity). I have used due diligence in obtaining this information, and this information contained herein is complete and accurate. Signature: Name: Title: Contractor: Date: Contracts #3 99100 City/County Contract 'Irg/9/15/99 CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE RESOLUTION RE CONTRACTING PRINCIPLES [TYPE I CONTRACTS] This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28, 1997. Accordingly, Contractor shall comply with all of the following: a. Contractor shall, dudng the term of this contract, comply with all applicable federal, state, and local rules, regulations, and laws. b.. Contractor shall maintain financial records adequate to show that County funds paid under.the contract were used for purposes consistent with the te..s of the contract. These records shall be maintained dudng the term of this contract and for a period of three (3) years from termination of this contract or until all claims, if any, have been resolved, whichever period is longer, or longer if otherwise required under other provisions of (his contract. The failure of Contractor to comply with this Section or any portion thereof may be considered a matedal breach of this contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. Contractor shall be provided reasonable notice of any intended te..ination or non-renewal on the grounds of noncompliance with this Section, and the opportunity to respond and discuss the County's intended action. 2 Type I Contracts/Exh I - p. 2 Contracting Principles 7/19199 CITY OF CUPERTINO Urban County Housing Rehabilitation Services Exhibit I Description: The Santa Clara County Housing Rehabilitation program provides services to City of Cupertino. The County shall provide all phases of housing rehabilitation including application processing, bid process, loan preparation, construction oversight and Ioan._servicing. (See attached Santa Clara County Cooperative Housing Rehabilitation Program Guidelines) .. Direct Services: 1. Review client's application, verify that client's property is located in the appropriate jurisdiction and make a preliminary determination regarding income eligibility in accordance with most current income guidelines determined by Federal Department of Housing and Urbe, n Development for Santa Clara County. 2. Continue to verify application information, order credit report and property profile or title report, schedule termite inspe~:tion and conduct an environmental review of the property, as applicable. 3. Inspect property for conformance with building, housing and health codes; assist client in assessing and designing needed property improvements; prepare a Project Cost Estimate (scope of work) detailing the proposed work items and cost estimates. 4. Schedule and meet with a Loan Review Committee to discuss client's application, income status and proposed work scope. Advise client of the final decision regarding approval/disapproval and loan terms. (See attached Santa Clara County Housing And Community Development Loan Committee Policies and Procedures) 5. Invite contractors to submit written bids based on approved scope of work. Review bids with client and assist client in selecting the responsible bidder who submits the lowest price bid. Verify that selected bidder complies with all insurance, licensing and bond requirements. 6. Prepare all loan documents for signature and recordation as appropriate such as Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending Disclosure Statements, Requests for Notice and Owner Participation Agreements. 7. Assist client in finalizing construction contract documents and authorize commencement of work. Inspect construction work in progress for compliance with project specifications and all applicable codes and ordinances. Authorize change orders and progress payments to contractor. 8. Perform final inspection and authorize final payment to contractor after receipt of finaled building permit, mechanic's lien releases, contractor's affidavit, any applicable warranties or guarantees, and manufacturer's informational material. Record Notice of Completion. After 35 days from date of recordation, verify that there are no unreleased recorded mechanic's liens and release the 10% retention to the contractor. 9, Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion and.return to the County Program Manager. 10, Maintain client file; ensure client's ongoing adherence to hazard insurar~c'e requirements; issue final letter to client documenting all rehab, costs, change orders and final loan amount. 11. Address any warranty or guarantee claims issues. 12. Provide. City with written quarterly Housing Rehabilitation Program Services reports including financial and project data. 13. All "program income" generated from loan payoffs shall be deposited, accounted for and tracked individually for each jurisdiction and shall fund future housing rehabilitation projects only in such jurisdiction. RESPONSIBILITIES OF CITY OF CUPERTINO 1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by the general public. 2. Publish an advertisement at least four times annually informing the residents of the existence of the Housing Rehabilitation Program basic eligibility requirements and how to contact the program. 3. Run a public service advertisement on the local public access television station at least twice annually describing the Housing Rehabilitation Program. 4. Refer all call in or walk in clients seeking home improvement assistance to the Housing Rehabilitation Program. 5. Make a lump sum transfer of $200,000.00 from the revolving housing rehabilitation loan fund to the Santa Clara Co. Housing Rehabilitation Program to be applied to project costs for four (4) projects. 6. Transfer $ 20,000.00 from city's CDBG funds to the County for Housing Rehabilitation Services for staff costs to complete four (4) projects. 7. If the agreed upon number of projects is exceeded, the City of Cupertin.o shall transfer to the County $2,000.00 for any project completed from initial application through loan committee review and an additional $3,000.00 for any project completed through project closeout. 8. In.the event that County staff is required to exceed the prescribed responsibilities set forth herein such as litigation, arbitration, mediation or claim, the City of Cupertino shall compensate at the rate of $60.00 per hour per staff member. FY2000-2001 FY1999-2000 CDBG funding amount $20,000.00 $15,000.00 Unduplicated LG client 4 3 Cost per year per client $5,000.00 $5,000.00 Total program budget $20,0.00.00 $15,000.00 CDBG as of total 100% (proj.) 100% (act.) 3 SANTA CLARA COUNTY COOPERATIVE HOUSING REHABILITATION PROGRAM GUIDELINES INITIAL APPLICATION · Mail or deliver application packet to property owner with explanation of basic program objectives and procedures '- (see attached'Guidelines). · Review client's application and verify household income, household size, applicant's age, credit 'l~istory, and other information pertaining to loan processing. · Obtain applicant's authorization to gather financial information, and Order Credit rePort. · If applicant is willing to continue and eligibility seems likely, order preliminary title report. · Order Structural/Pest Control report, if applicable. APPLICABLE DOCUMENTS · Application Form · Authorization Form · Request For Information Form · Informational Brochures · Environmental Review Form II. INITIAL INSPECTION · Meet with property owner, and inspect the property for conformance with building, housing, and health codes. Explain to property owner what. type of repair work is eligible (ie.. Health and Safety.Items), and what type is considered General Property Improvements. Termite inspection report will be incorporated into the work write-up. PROC EDUR.E? S - 2 0 0 0 ._ · Based on initial inspection, order design work, engineering work, or additional professional inspections, if necessary. · Prepare Work Write-up including specifications and preliminary cost estimates. III. PREPARATION OF CONSTRUCTION SPECIFICATIONS' · After approval of preliminary Spec List and cost estimates by property owner, prepare final specifications. · Explain bidding procedures to property owner. IV. LOAN PROCESSING · Take project information to loan committee members for their review and approval.. · Inform applicant of approval or denial and exact conditions and terms of rehabilitation loan. V. BIDDING PROCEDURES Prepare contractor's bid package and send it to appropriate number of contractors from list of approved bidders. Approved bidders have demonstrated that they meet the following minimum program requirements: 1. Liability insurance; 2. Workers Compensation Insurance; 3.. Contractor's license currently in good standing; 4. Proof of solvency; 5. References checked for related work. · Establish bidding period and' bid due date/time. · Mail bid invitations and packages to contractors. REH.~B PROCEDURES-2000 /P-S7 · Inform property owner that during a given period, (usually one week) contractors will be cabling to m. ake appointments for site inspections; or, in cases of property owners wh~ need assistance, an open house is scheduled for a given afternoon and contractors are allowed site inspection at that time only. Hold bid opening at pre-determined time, date, and location. · Review bids for program compliance and mathematical accuracy. Review responsible bids with property owner and contractor is selected by owner. Property owner is allowed to cR'oose any bid which is within a 10% range of Rehab Specialist's estimate, or the lowest bidder. APPliCABLE DOCUMENTS · Invitation To Bid · Instructions to Bidders · Bid Document · Work Write-up with Estimates · Bidder's Qualifications · Addenda V I. LOAN CLOSING · Prepare loan documents based on accepted bid amount, contingency amount, design costs, inspection costs, appraisal costs, title fees, and other necessary costs. · Obtain property owneds initials on loan fact sheet. · Prepare contract between property owner and contractor based on accepted bid amount.. Contract includes total construction costs and projected dates for beginning and end 'of construction. · Meet with property owner for signing of loan documents. Concurrently, contractor signs construction contract and any other relevant documents. R~ PLm. B PROC~_DUR.ES-2 0 0 0 · Record appropriate documents and issue notice to -- proceed to contractor. · Hold, if necessary, a pre .construction conference with property owner and contractor present at work Site. APPUCABI F DOCUMENTS · Deed of Trust · Promissory Note · Truth In Lending Statement' · Right of Rescission · Addenda _. · Statement of Information Vll. CONSTRUCTION MONITORING · Make twice weekly or more often site visits to ensure compliance with specifications and program guidelines. ~.. · Perform the following services as necessary: 1. Resolve questions between property owner and contractor; 2. Execute written change orders when applicable; 3. Process contractor's payment requests; 4. Co-authorize payments with owner, as applicable; 5. Perform final inspection and prepare "punch list" as applicable; 6. Obtain copy of signed final building permit; '7. Obtain and record notice of completion, '- signed by property owner. APPUCABLE DOCUMENTS · REHkB PROCEDURES-2 0 0 0 · Contract Award · Contract Agreement · Lead Base Paint Notification · Notice To Proceed · Progress Payment Request · Change Orders · Final Inspection Report Viii. PROJECT CLOSEOUT · Obtain lien releases from contractor for subcontractors and material suppliers. -- · Review County Recorder's records .for any construction related liens attached to property. · Assist owner in obtaining any warranty or guarantee documents or materials, from contractor. · issue final payment to contractor after all conditions are met and designated waiting period has expired. Waiting period is 35 days after notice of completion is recorded. · Mail Project Evaluation form to property owner. ,APPLICABLE DOCUMENTS · Notice of Completion · Certificate of Final Inspection · "Lien Release Forms · Roof and Other Warranties · Contractor's Affidavit · Project Evaluation Form REF_~B PROCEDURES-2000 SANTA CLARA COUNTY HOUSING AND COMMUNITY DEVELOPMENT LOAN COMMITTEE POLICIES AND PROCEDURES Purpose The purpose of the Santa Clara Co,tory Housing and Community Development (HCD) Loan Committee is to evaluate loan applications and approve loan teLms for projects that have been recommended by the Housing and Community Development Program. C°nmaittee Objectives 1. Review and approve/reject all applications for rehabilitation loans in a timely manner. 2. Assure that all loa.r~ approved are in corfformance with all appropriate Federal, State, or local requirements. 3. Provide housing rehabilitation loans to clients most in need of ._. assistance. 4. Approve loans with the most effective mix of available funding sources. Committee Membership and TeLms of Service' The Loan Committee is composed of three (3) County staff appointed by the County Executive. There is no limit to the length of tenure in the position and the members serve at the discretion of the County Executive. The desired expertise for committee membership includes knowledge of Federal, State, or local housing programs, awareness of local affordable housing, needs, and financial procedures in real 'estate transactions. Committee Staffin$ HCD staff provides technical assistance and staff support to the Loan Committee. Specific I-lCD staff support members are the HCD Program Manager and Housing Rehabilitation Coordinator. Other HCD staff provide additional committee support as needed. -1- Steps To Review Loan Applications 1. Evaluate the reasonableness presented on the loan application and assure the appropriate use of funds. 2. Set terms and conditions for loans in the unincorporated County, City o~ Cuperinto, City o~ Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Saratoga. 3. Review and approve loan subordination agreements. Approve/reject specific loan applications and set repayment terms, due dates, and interest rates. 5. When appropriate, make recommendations to the Santa .Clara County Board of Supervisors for final approval of loan transactio~tg. Meetings The Loan Committee meets on an as-needed basis. Meetings are scheduled when there are approximately two (2) or more loan applications to b~ reviewed and processed. Committee Chairperson The Loan Committee has one chairperson appointed by consensus of the committee membership. Currently, the chairperson's term is indefinite. Committee Decision Making Process All Loan Committee decisions will be reached by consensus, i£ possible. If a decision cannot be reached by consensus, the Loan Committee will decide the issue by majority vote. Committee Documentation Regular minutes will be maintained regarding the actions of each Loan Committee meeting. HCD staff will be responsible for transcribing and typing the meeting minutes and distributing them to the Loan. Committee members and all affected juristictions. The Chairperson will approve all actions approved during a Loan Committee meeting by signing a copy of the approved minutes. -2- Basic Loan Policies 1. All loan applications and requests will be considered on a first-come first-serve basis. However, priorities will be considered in cases of great need or urgency as defined by each funding source o~uideline. Need includes factors such as income~ age and physical condition of client, overcrowding and any .existing health or safety issues. Urgency includes any factor that presents a serious health or safety threat. The Loan Committee will follow basic funding source (CIDBG, ESG, HOMI~, etc.) guidelines in iudgin~ a proiect or client's suitability for loans. ~- 2. All loans will be dfstributed in a manner assuring 100% low income (80% of County median income) or very low income (80¥0 of County median income) benefit except where the h. mding source guideline (i.e. CALDAP) instructs otherwise. 3. All loans to homeowners for single family residential rehabilitation (i.e. unincorporated County, City of Cupertino, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Saratoga) will be awarded as shown on the attached Housing Rehabilitation Loan - Opportunities chart. The loan can be deferred at 0% or 6% ann.ual percentage rate (APR) or amortized at 0% or 3%. The length of the loan will be 15 years unless some special exception is iustified. 4. Other loans such as loans to Non-Profits for acquisition and ~ehabilitation of an existing structure for the purpose of creating or maintaining Iow cost housing will not have a specific loan amount limit. Unless a case for an exception can be made, the loan terms will be 6% APR if the loan is deferred and 3% if the loan is amortized. The length of the loan will be 30 years unless an exception is necessi~ry to assure the long te~m affordability of the rents or viability of the proiect. All of the loans are secured by a deed of trust. 5. All loans, be it acquisition and rehabilitation, new construction, or acquisition only, shall be submitted to the Loan Committee for review. The Loan Committee has the option to establish the te~ats of the loan or to recommend that the applicant request a ~rant from the Board of Supervisors. Irc. poi & pro.9/13/96 CITY OF CUPERTINO Housing Rehabilitation Program Income and Interest Chart ba.s'ed on County Median Incom~ LOAN VERY LOW INCOME 50% LOWER INCOME } 80% AMOUNT [ As Needed 0~o interest deferred 3,~o interest de/erred 6~o interest and active (active) Chfissy/Income.interest chart-CU- l Il00  City Hall 10300 Tone Avenue · ~ . Cupertino, CA 95014-3255 Telephone: (408) 777-3223 CITY O[= FAX: (408) 777-3366 CUPEILTINO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. [ c~ Meeting Date: April 2, 2001 SUBJECT Adopt amendments to the existing ordinance regarding campaign reporting and restrictions, and .. adopt a resolution setting voluntary campaign expenditure limits at $20,000. BACKGROUND On May 3, 1999, City Council adopted Ordinance No. 1818 that added restrictions beyond those required by thc Fair Political Practices Act of California and adopted Resolution No. 99-117 establishing a voluntary campaign expenditure limit of $20,000 for the November 2000 election. On March 5, 2001, thc City Council reviewed both of these items and directed staff'to prepare a new resolution with voluntary expenditure limits unchanged. Staff was also directed to prepare a an amended ordinance with includes the following major provisions and/or changes: · The maximum contribution limit of $100 per person for candidates and $200 from each political party committee or small contributor committee shall remain in effect. · Both candidates and committees may accept campaign contributions until 5 days prior to thc election. · Both candidates and committees must disclose their contributions expenditures to the City Clerk by 4 days prior to the election. The disclosure forms will be made available to the news media upon the close of the filing period, and will be posted on the city's web site. · The audit, appeals and complaint provisions of the ordinance are repealed. April 2, 2001 Page 2 RECOMMENDATION: 1. Adopt Resolution No. 01-0qlsetting the voluntary expenditure limit at $20,000 for the 2001 election. 2. Conduct first reading of Ordinancc No. I Submitted by: Approved for submission: City Clerk City Manager Attachments: Draft resolution Draft ordinance RlgSOLUTION NO. 01-091 A RESOLUTION OF THE CITY COUNCIL OF THE crry OF CUPERTINO REGARDING CAMPAIGN EXPENDITURES FOR THE 2001 CITY COUNCIL ELECTION WHEREAS, the City Council believes that candidates should make every effort to limit overall cxpenditurcs in their respectivc City Council campaigns, thereby allowing both candidates and office holders to spend a lesser proportion of their time on fundraising and a greater proportion of their time communicating issues of importance to voters and constituents. WHEREAS, on May 19, 1997, the Cupertino City Council adopted Resolution No. 9854 setting a voluntary campaign expenditure limit of $15,000; and WHEREAS, on April 19, 1999, the City Council increased the voluntary expenditure limit amount to $20,000 in response to the annexation of a large population in the Rancho Rinconada neighborhood; and WHEREAS, on March 5, 2001, the City Council determined that $20,000 was an appropriate expenditure limit for the November 6, 2001 election. NOW, THEREFORE, BE IT RESOLVED: 1) That candidates for City Council are hereby requested to limit their campaign expenditures to $20,000 for the City Council elections. 2) That this request does not establish a recommended voluntary campaign expenditure ceiling within the meaning of Govewment Code section 85400 et seq. It is the intent of the city council in adopting this resolution, not to trigger the enhanced campaign contribution limits contained in Government Code section 85402(a) et seq. 3) In the event that any candidate wishes to abide by the campaign contribution limit requested by the city council, he or she may file with the city clerk a written notice of his or her intent to limit his or her campaign expenditures to $20,000 for the 2001 election. 4) The provisions of this resolution have no force of law. PASSED AND ADOPTED at a regular meeting of the city council of the City of Cupertino this 19'~ day of April 1999, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1877 AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.06 OF THE CUPERTINO MUNICIPAL CODE RELATED TO CITY COUNCII. ELECTIONS AND CAMPAIGN FINANCE DISCLOSURE WHEREAS, Ordinance No. 1757 was enacted on May 19, 1997, and implemented a number of reforms related to City Council campaign financing; and WHEREAS, the City Council amended those provisions by enacting Ordinance Nos. 1797 and' 1818; WHEREAS, The City Council wishes to further refine the procedures related to campaign finance disclosure; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Chapter 2.06 of the Cupertino Municipal Code is hereby amended to read as follows: Chapter 2.06 CITY COUNCIL CAMPAIGN FINANCE 2.06.010 Purposes. A. The proper operation of democratic government requires that elected officials be responsible to the people; that monetary contributions to political campaigns on behalf, or against, a candidate, while a legitimate form of public participation in the political process, should not be so great as to permit particular individuals or organizations to exercise a controlling or undue influence on the election of City Councilpersons. B. This chapter is intended to minimize the potentially corrupting influence and appearance of corruption caused by excessive contributions to City Council campaigns or on behalf of, or against a candidate, by providing for reasonable contribution limits for candidates and "independent committees" as part of the election process. C. This chapter also is intended to lessen the potentially corrupting pressures on candidates, officeholders, and committees, for fundraising by establishing semible time periods for soliciting and accepting campaign contributions. D. This chapter also seeks to enable each City voter to cast an informed vote by requiting that candidates disclose all campaign contributions prior to a City election and by requiring independent expenditure committees to reveal the source of their funding prior Ordinance No. 1877 Cupertino City Council Page 2 to a City election consistent with free speech principles contained in the Constitution of the United States and the State of California. (Ord. 1757 § 1 (part), 1997) 2.06.020 Statutory authority. Section 85706C0) of the California Gowtssment Code, adopted by the voters of the State of California on November 6, 1996, as part of Proposition 208, authorizes the City to impose lower contribution limitations or other campaign disclosures or pwhibifions that are as, or more, stringent than set forth under the applicable pwvisions of state law. (Ord. 1757 § 1 (part), 1997) 2.06.030 Definitions. Unless otherwise provided in this chapter, all words and phrases in this chapter shall have the same meaning as are defined in Title 9 of the California Government Code as then exists on the date of enactment of this chapter or as it may be later amended. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 1757 § 1 (part), 1997) 2.06.040 Conflicts with provisions of state law. Where conflict occurs between any pwvision established by this chapter and any provision of applicable state law, the more restrictive or stringent of any such provision shall apply. (Ord. 1757 § (part), 1997) 2.06.050 Constitutionality. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Council declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 1757 § 1 (part), 1997) 2.06.060 Construction. The provisions of this chapter, and all proceedings under it are to be construed liberally with a view to effect its purposes and to pwmote justice. (Ord. 1757 § 1 (part), 1997) 2.06.070 Prohibited acts defined. Whenever in this chapter, any act or omission is made unlawful, it shall include causing, allowing, peu~fitting, aiding, abetting, suffering, or concealing the fact of such act or omission. - (Ord. 1757 § 1 (part), 1997) 2 Ordinance No. 1877 Cup~no City Council Page 3 2.06.080 Penalty for violations. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars, imprisonment for a t~mi not exceeding six months, or by both such fine and imprisonment. (Ord. 1757 § 1 (part), 1997) 2.06.090 Remedies cumulative. All remedies provided for in this chapter shall be cumulative and not exclusive. All remedies contained herein shall be in addition to any criminal or civil penalties contained in Section 83116 et seq. of the California Government Code or any other applicable provision of state law. (Ord. 1757 § 1 (part), 1997) 2.06.100 Contribution limits. A. Except as provided hereinafter, no person, other than small contributor committees or political party committees, shall make to any candidate for City Council or to the candidate's controlled committee, and no such candidate or the candidate's controlled committee shall accept from any person, a contribution or contributions totaling more than one hundred dollars for each election in which the candidate is attempting to be on the ballot or is a write-in candidate. B. No small contributor committee or political party committee shall make to any candidate for City Council or the controlled committee of such a candidate, and no candidate shall accept from a small contributor committee or political party committee, a contribution or contributions totaling more than two hundred dollars for each election in which the candidate is attempting to be on the ballot or is a write-in candidate. C. The forgiveness of any debt constitutes a campaign contribution and any forgiveness greater than the contribution limits contained herein, either for a candidate or an independent committee, is prohibited. D. The provisions of this section shall not apply to a candidate's contribution of his or her personal funds to his or her own campaign committee. Candidates can contribute to their own campaigns at any time before or after the election. The provisions of this section limiting campaign contributions shall apply to contributions from a spouse. (Ord. 1797 (part), 1998; Ord. 1757 § 1 (part), 1997) E. Notwithstanding the provisions of Section 2.06.100 and except as provided hereinafter, any committee making independent expenditures of one thousand dollars or more shall not accept from any person any contribution in excess of two hundred fifty dollars for each election in which the committee is participating. 2.06.110 Restrictions on when contributions may be accepted. 3 Ordinance No. 1877 Cupertino City Council Page 4 A. No candidate or committee may accept contributions more than six months prior to the election for which the contributions are to be utilized. B. No candidate may accept contributions later than five fe,,"t.s_-n 'isys prior to the election. In the event that a candidate incurs more debt in his or her campaign than can be paid by contributions, the candidate must retire the debt from his or her own personal funds prior to January I of the year following the election. Failure to retire the debt by that date constitutes a violation of this chapter. C. No committee making independent expenditures of one thousand dollars or more may accept contributions later thanfive ~r-days before the election. Any debt incurred by such committee which is not retired from campaign contributions prior to January 1 of the year following the election constitutes a violation of this chapter. D. TMs section shall not apply to any funds raised for the purposes described in Section 85305(d) of the California Government Code (related to attorney's fees, cost of recounts, and other costs described in Section 85305(d). (Ord. 1757 § 1 (part), 1997) 2.06.120 Disclosure statements. A. Forty days prior to a City Council election, all candidates and independent expenditure committccs shall file with the City Clerk two originals of the first pre-election disclosure report required by the Fair Political Practices Commission disclosing the name, address, employer and conlribution amount of all persons making contributions exceeding ninety- nine dollars. Contributions requiring disclosure include "in kind" contributions ora fair market value ofuinety-nine dollars or more. In addition, committees making independent expenditures of one thousand dollars or more must also disclose the name, address, and · employer of all officers of the committee. The filing period for the initial disclosure is January 1st of the even numbered year prior to the election through forty-five days prior to the election, and the deadline is 5:00 p.m. in the City Clerk's Office. Facsimiles and postmarks are not acceptable. B. The following disclosure statements must be filed by candidates and independent expenditure committees twelve days prior to a city election: (1) Two originals of the second pre-election disclosure statement required by the Fair Political Practices Commission. The filing period is forty-four days prior through seventeen days prior to the election; and (2) A City of Cupertino disclosure statement must be filed by candidates and committees containing the same info,hation as the disclosure statement required by the Fair Political Practices Commission. The filing period is sixteen days prior through fourteen days prior to the election. The deadline for both of these disclosure statements is 5:00 p.m. in the City Clerk's Office. Facsimiles and postmarks are not acceptable. Ordinance No. 1877 Cupertino City Council Page 5 C. The following disclosure statements must be filed by candidates and independent expenditure committees four days prior to a city election: A City of Cupertino disclosure containing the same information as the disclosure statement required by the Fair Political Practices Commission. The filing period is forty-four days prior through four five days prior to the election. The deadline for both of these disclosure statements is 4:00 p.m. in the City Clerk's Office. Disclosure statements must be personally delivered; facsimiles and postmarks are not acceptable. D.C,, The City Clerk shall make all disclosure statementa available to the public upon request and by posting them on the Cupertino Interact website by thefirst ~ day prior to the city election. D. Four dayi prior to a city election, ¢ommittee£ "'-~';'~g independent expendimre£ of one thousand dolla-£ or more sh'q file a City of Cup~tino di£¢loz-_re zt~t~mant. The filing period for the City of C~petino di£clo£ure ie thirteen d~y~ prior to the election through four O~ye prior to tl~ election, -nd the deadhne ii ~',00 pax in the City clerk's Office. F, acsimilez ~"d po~tmp-kz --e not a¢¢sptabls, E. On January 31st of the year following a city election, all candidates and independent expenditure committees shall file semi-annual disclosure statements with the City Clerk as required by the Fair Political Practices Commission. The filing period for the final disclosure is from the sixteenth day prior to the election through December 31 of the year of the election, and the deadline is 5:00 p.m. in the City Clerk's Office. Facsimiles and postmarks are not acceptable. F. The filing of the above-described disclosure statenients do not relieve candidates or committees from filing disclosure statements as required by the Fair Political Practices Act. (Ord. 1797 (part), 1998: Ord. 1757 .§ 1 (part), 1997) 2,06,130 Audit£, appsals -nd complm'ntz. A. The City Clerk shall engage the services of on independent auditor xvho shall reviexx~, in detail~ all c--np~i~n di£elosure statement. B. Within five 0o~ after the initial disclosure statement: pro£cribed by Section 2,06,150A ars filed xvith the 12Sty Clerk, the auditor £hall prep~-e a'-d submit to the City Clerk at xwitten report describing -ny and all violation£ with re~la~Ct to this c~'apter xvhich have alig~-efl from the st~temant£ on fils, The clerk £hall disseminate the report to the public forthxvith, C. Any person, including a c-ndidate, wi£hing to conte£t -"y portion of the auditor's report regarding -ny initial di£clos,-e slatement or wishing to file a Celag'ate complaint against a candidate or committee alleging a violation or violation£ ofthi£ chapter shall do so in Ordinance No. 1877 Cupertino City Council Page 6 writing filed with the City Clerk within five d~_ys of the public releooe of the auditor's report rego-'a_ing gnarl_-! dis¢lo£'"'~ s+~tsrr~nt£. D, Within riva day£ after the filing of ~w0r £uch contest or complaint~ a heo"in8 open to the public rh',q be bold by o~ independent a-~:nisttativs judge engaged by the City, who will decide the merit- of--'y such contest or complo;"t. Within five a,ys after the completion of the heo-'ins~ the judge lhall iilue a xwit~n decisior~ which xvill be made available to the public. E. Within three days after th~ second pm-~lection di~lo~ar¢ p~od for c'-didats~ ~ des~fi~ in Stetion 2~C I~0B ~ el~ps~ (~ne da~ prior to the election) t~ auditor ~11 p~ --d ~ub~t to ~ Ci~ Cl~k a ~econd r~n desefib~g ~ollfiens of~is ~"~t~ w~ch have oc~ ~e ~e ~t ~o~g p~ol ~e Cl~k ~hall di~i~te · s ~o~ to ~e publi~ fo~x~ F. Any perlon~ including a c'"a_id~t~ xvislE_ng to cont,~lt th~ aivIitor'l r~port regp~in8 o,,y lecond pre ~lection di~clos,,-e st~ten~nt by a co'-did,~e or wiihin8 to file a i~a"ate complaint againlt a co"di4~te or independent expenditure committee mBa'din8 a violation or violation~ of this charter which ~-o alleged to have occurred d-_'ing the £econd reporting period may do lo in the so'"e n'o""~r deccdbed in lub£ecfion C of thai ~ction; provided hoxvsver, tN~* ~uch contelt or ¢ompb;"t must be filed xvithin txvsnty four ho"_'l of the public ~le~e of the auditor'l report rei~niin8 the second disclos,a-s, Within forty eight hour~ of the filing of °,,y luch contest or complaint (iix days prior te the el¢ction)~ a heo"ing open to the public will be held by the independent aclrniniltratiw judge regarding th~ contelt or complo;"t. No later tho,, noon on the fourth day prior to the election~ the independent aa'";";ratative judge will iliue ~"d rvot'e public a xvritt~n opinion reg,-ding each appeal or complaint. G, Th~ a..n~dmsnt of o,,y di£clo£ure ltatement, which is the £ubjeet of a violation determination~ made by the auditor must be filed xvithin forty eight hou-s of the auditor's H. Whenever °ny contest or complaint is filed with the City Clerk p"_."cu-"t to thai ¢~'~ter, or whenever a heo'-ing before the independent a'~,~;,,i£tr~tive judge ii let~ the Clerk r. hall provide written notice to the conteitont~ the compla;'~°"g the ruler°ut c-'~lidate or independent conunittee oftl~ filing or he°"ing through either l~r~onal delivery or fox within twenty four hour~ of the filing -nfl~or twenty four hour~ prior to o"y he'"in8, a° the c°oe may be. Any notice of he?'ing ~hall cont-;" the d~te, time, -nd placn ofluch heo-ing ond £hall have al~psnded to ~d notice a copy of this cl,~pter. I. With resp~_t to -'ny di£cloc'_re lt?temsat required by thk c~"~pter to be fil_~d affix election, the audit o"d apps'_.! procedure described in Section 2,06.140~-~ C n"d r~ ~hall be followed, (Ord, 17~7 § 1 (g°'t}, 1997) 6 Ordinance No. 1877 Cupertino City Council Page 7 2,0& 140 He"-ing proc e~_'_'nge. A. Tha independent a'~'";"klxativa judge shill conduct all heo-ing£ described in gsction 2~06,140 in a m-_..nner ¢on£i£t~nt with the Rul~c of"Procsd~re for Conducting Heo-ing'' dezeribed in Appendix A att~hed to thie The judse £hall us~ his or her independent judgment a~ to the sviden~ prssenteck C. The b~rden of proof with r~£pe~t to .,.y contest or complo;"t ehall be on the potty ma~-;ng the contact or comp!oi"t. The b,-den of proof of ~"y f~¢t it upon the psreon aoeertin~ the fact. The burden of proof ao to o"y fact it by a prspondsr-"¢e of the evidence. D, Notwitha~,,ding a-'ything to the ¢ontra,'y ¢ontoi"ed in £ubes,tion C ofthit section, factual d~tmnination or finding of fact made by the City't auditor conto;n~d in hie or her r~port thall consfitut~ a rebuttable pr~racnpfion ag to the truth of the d~terminafion or E. At the cuncluoion of the hso'ing~ the judge malg in his or her di~cretion~ order °.,.y l~rty to reimburze th~ City for o"y ~octc -o~eciated with the heo-ing~ inchading audit ¢ott~. (Ord, 1757 § 1 (p~'t)~ 1997) 2.06.150 Criminal proceedings. Any criminal proceedings against any person for a violation of this chapter will be prosecuted by an independent city prosecutor selected by the Presiding Judge of the Santa Clara County Superior Court. (Ord. 1757 § 1 (part), 1997) 7 Ordinancc No. 1877 Cupertino City Council Page Appendix Rulss of Procedu'e for Conducting He,-ing 1. Parties The l~°"[ies S~°1! consist of the contest~-'+ or appell~"t, the c~,-di0ate or ofticsr~ of the independent commit~e which -'~ O'°v. ged with the viobtion or violation~ ofthi£ Chapter, a"d the Cii~ 2. Independent Ar&-ninietmtive Judge The Judge will haw the authority lo conduct the he~"ing o"d the w°""o' of proceedings, to rule on questions of s~ideuce o"d the r~lev---cy th~reot; to r--;--t-:-, order at the heo'in~ to interpret o"d apply thes~ miss ofproced,,-e, o-'d to do all other act~ ne~£so,3, to provide a fair °"d orderly he--in~, 3. Heo,'ing Clerk The City Cl~rk ehall bs cbo-g_'2d with tot4-~ o"d keeping recora~ 'nd shall k~p in his or her posse~ion °ny exhibits or doc,-'ent° off~red oo evidence. The City Clerk rh'_.!l the necess-"y -"r-'~sm~nts for the to~ng of a £t~nogr~,hi¢ record of the tectimony xvhenever £uch r~ord is requested by one or more p°-ties, The requesting l~rty shall the cost of such a record, 4. Attendance it Hso'ing The independent aaminittrative judg~ r. hall have the poxv~r to require the excl"vion of any witnese or witne£ss~ dy-lng the testimony of other witnesses. Oath£ Before proc~ding xvith the testimony of",.y xvim~s~ the independent aamini£trative judge £hall require xvitnesses to testify under oa0' or -__ffLnn to the truth. The oath or affi.-.ation rholl bs aaminist~rsd by th~ city clerk. 6. Order of Proceeding A he-'lng th°_!l be opened by the judge. The he,ring ¢l~rk £h~l record in the minutes the place, rims, ~nd date of the convening of the heo4ng; the presence of thc p--ti~£, -"d their respective ce Prior to the present~tion of o"y opening £tatement~ or the offsring of-"y evidsn¢~ £hall be entered into the record for s~l l~aring all exhibit, proof£ of ser~ics~ audit 8 Ordinance No. 1877 Cupertino City Council Page rcportr, affid-vitr, dir¢lor~re rt~tement~, or other eviden~ prsssnted to or filed with the City Clerk regarding the matter before th~ judge. At the beginning of the be~"inl~ the judge may oot. for rtatemente ¢l~"ifying the irsuer involved, The auditor may then present his report o'~d findings ~-'d thereafter shall be subject to qu~stionr or other exo'~;nation by the po'ties. The other partier may then pr. arant their ¢laim£, proofs, o"d xx4tnesses, who r~ thereafter submit to quertione or other axo'";"otion by ~_!1 other leo'ties, The judge may~ in hie or her di£¢retion~ vary this procedure, but rhall afford ~_!1 p°"tias a flail a"d fair opportuniW to pr. asent a~l material or relev~'~t proofr. Exhibitr, xvhen offere~ may be received in evidence °-id xvhen received, rhall be rmmbered ~'~d mafie l:o"t ofth~ record of tho hen"inglay the City Clerk. The clerk shall alee record :t li£t of'°'~e£ 9-'d addrer~r of all xv~tneerer. 7. Hex"ing in the Abrance of a Po~ty The ha-ting may proceed in the absence of °"y le°'~3~ ~vho~ °_tier due noti¢~ fails to be 8. Evidence Each W'W shall hav~ theae right£: to call and zxa'";"e witnease~ to introduce exhibit£, to crees ax~-'-ine oppo£ing x~tner~r on o"y matter relevo"t to the ir£ues even though that matter woo not covered in the dir~t ex~'nin~tion~ to impeach witness, reg~-dlw, e of which pn-x'y first ca!lad him or h~r to tar, tify; a"d to rebut the evidence againrt him or her. If a po"ty doe~ not testify in his or her oxvn behalf, he or the may be ¢~_!led 9nd exo-nined ar if'.mder croft prox4ded, hoxvever, that no witnerr rhall be required to testify if such testimony would tend to incriminate him or her in oW ~ubsequent criminal proceeding, b) The beo'ing need not be conducted according to technicttl ruler relating te evidence °nd witneetet. Any ~levont evidence rhall be admitted if it ir the ~ort of evidence on which responsible persons ~ra aecurtomed to rely in the conduct of gefieuo affa;-s, reg~-xllets of the existence of °ny common l:txv or rtatutory rule xx0aich might w°~re improper the a'~'";rrion of ruch e~denee over objection in civil actions. He~-say a~danee may be u~ed for the purpose of supplementing or expl~:'-%g other evidence, but £bou not be ruffi¢iant in itrelfto rupport a finding unle~ it would be a'~"~;rsible ov~c objestion in civil actionr. The rules of privilege rhall I:a effegtive to the ~xtmat that they ~-e oth~nvire r~quired by statute to be recognized at the heo"ing~ end irrelevo"t o"d unduly repetitious evidence shall ba excluded, 9 O~l~cc No. 1877 Cupertino City Council Page I0 9, Clo£in$ tim He~ug The judgs ~hall rcquirs of all p--tis~ xvhsthsr.flmy have PI~ proof£ W offsr or x~messos to b~ heo'd, Upon rs~iving nelt~tivs rspliss, the judge may alloxv o-gum~nt by co~n£¢1 or I piXy to ths proceeding Afl~' tbs ¢on¢l,,oion of £uch or~'"'snt~ tl~ he,ring thall b~ do,ed o"d a minuts thersof lhall be reeorded, Ths -',o*tsr~ r. hall th~n bs W~sn "_rider £ubmis~ion~ o"d the j~dg~ shall therczf~r ~-'nouncs hit or her decision, This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this ~ day of ,2001, and ENACTED at a regular meeting of the City Council of the City of Cupertino this __ day of__, 2001, by the following vote: Vote M~bers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10 ._ ORDINANCE NO. 1875 AN ORDINANCE OF THE CITY COUNCIL OF TII~ CITY OF CUPERTINO AMENDING CHAPTER 9.06 OF THE CUPERTINO MUNICIPAL CODE, CITY COUNCIL - REGULATION OF MASSAGE THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS that Chapter 9.06 of the Cupertino M,,nlcipal Code is amended to read as per the attached Exhibit A. This ordinance shall take effect and bo in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 19~ day of March, 2001, and ENACTED at a regular meeting of the City Council of the City of Cup=iino on the day of , 2001, by the following vote. VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVI/D: City Clerk Mayor, City of Cupertino Chapter 9.06 MASSAGE ESTABLISHMENTS AND SERVICES 9.06.010 Purpose of provisions. A. It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists and massage establishments as defined in this chapter in the interest of public health, safety and welfare by providing certain minimum qualifications for the operators of massage establishments and massage therapists. This chapter is adopted based on the following findings: 1. That the City of Cupertino has reco~nlzed the field of massage therapy as a viable professional field; 2. That the City of Cupertino wants to recognize and respect professional massage therapy organizations and qualified professionals; 3. The City of Cupertino also finds that the rules and regulations as developed in this chapter strive for equality of all massage organizations and therapists while attempting to prevent serious objectionable characteristics which massage parlor establishments may have created in .the past. B. It is intended that massage therapy is a profession of the healing arts and subject to all zoning ordinances and regulations as may be required for professional uses. A. It is also intended that massage uses not regulated or exempted by this chapter are considered massage parlors thus regulated by thc provisions in Chapter 19.104 regulating adult-oriented commercial activities. (Ord. 1712 (part), 1995; Ord. 1606 § 1, 1992) 9.06.020 Definitions. For the purpose of this chapter, unless the context clearly requires a different meaning, the words are termed and phrased as set forth in this section and shall have the meaning given them in this section: A. "Corporate massage" means any massage of the neck, arms, shoulders and back area above the waist where the client is fully clothed and done without the use of supplementary aids, such as rubbing alcohol, li~nlments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. B. "License" means a license to operate a massage establishment as required by this chapter. C. "Managing employee" means any employee of a massage establishment who has been designated by the holder of the massage establishment license to manage the business in his/her absence. The managing employee may perform massages at the business only if he/she obtains and maintains in effect a massage therapist permit. C,, D. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands, hot towels or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations; or by baths, not limited to vapor, electric tub, mineral fomentation, or any other type of bath. i~, E. "Massage establishment" means any licensed establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or a combination of individuals engages in~ conducts, carries on or permits to be engaged in, conducted or carried on for consideration, massages or health treatments involving '~o~geg oo ~fiwo~ i~'"cfio~, massage, including but not limited to any hot tub/sauna, relaxation, or tanning establishment in which massage services are made available to clients. ~ F. "Massage therapist" means any person who has been granted a permit pursuant to this chapter and who administers massages, baths or health treatments involving massages or baths as the principal function to another person for any compensation whatsoever, and meeting the certain requirements established by this chapter. G. "Outcall massage service" means the engaging in or carrying on of massage for consideration at a location other than a licensed massage establishment. E. "Off ~ite re~age" me~-~ the engaging in or eo"~ing on of '~°°~age for consideration at a location other thou a licer°~d m°°~aOs s~t°bli~t. G, H. "Permit" means a peLt~it to engage in activities of a massage therapist or a managing employee as required by this chapter. ~ I. "Person" means any individ-al, firm, association, partnership, corporation, joint venture, or combination of individuals. I, J. "Recognized school of massage" means any school or institute of learning which: 1. Teache~ the theory~ ethics, practice, profession o"d work of moorage; ;i, 1. Requires a residence course of study of not fewer than one hundred hours within at least three months on the theory, ethics, history, practice, method~, profession or work of massage, including the study of anatomy, physiology, and hygiene, and at least seventy-five hours of demonstration and practice of massage, techniques, and which provides a diploma or certificate of graduation upon successful completion of such course of study or course work recognized by national professional massage or body therapy organizations, to be given Ln not 2 more ~ou three calends- monthc before the ~dcnt i~ f~-ni~htd x~ith a diploma or ¢,rtificatt of gravitation from such sghool or in£titufion of lennaing folloxv~ng th~ sueeez~ ~ompl~on of each ~e"~e of zmdy or leo~g; ~d & 2. H~ ~en approved p~t to Cflifo~a Education Code Se~on 94311 or, if ~e school is not located ~ Cflifo~ ~ ~mplied ~ s~d~s co~ens~te ~ ~ose requi~d in s~d Section 94311; · 3. ~y school or i~fimfion of le~g offering or ~lo~g eo~espond~ce co~e credit not mq~g a~fl aRend~ce at cl~s, or co,es of m~sage · ~apy not a~mved by ~e Cflifo~a D~em of Education s~l not be deemed a meowed school of m~sage. ~ K. "Residenfifl m~sage" m~ engaging in or e~ing on of m~sage at a residence whe~ ~e client eider o~s or roms ~e residence. L. "$t~ or v~tio~"y ch~ered org~-;~fion ~tsd to ~s ~'~sa8~ ~ps~i~' a~d ~e ~em~fie app~a~h" ~ ~ organization x~gh ~ Ci~ M~r, or d~eignatad employ~ d~t~aafin~ me~ ~e follox~ng 1. ~e org~-:~o~on or o~i~ion req~e t~* itz ~mba~ me~t mini~~ edaeafio~ ~q~m~t~. ~ ~da~a~w~ ~meo~ mv~ inelud~ at l,a~t ~ hv~d~d fi~ ~l~oom he"~, ur itz equix~ent, ~ ~ammy, phy~iolo~ ao~tation, m~ga8~ ~aragy o~d practic~ o~d ~g of woo~ge pra~tie~; 2. ~ urg~ofion or ~g~e~tion ~n~o~afl~g w~ieipation in ~onfin~ng education p~o~; e~oreamant pro~d~e for ~, e~aneion ond ~cation of membe~p of ~r~n~ ~ola~n8 ~a ~ off,z; ~. ~ orgv~;~otion iz open to m~mbe~ of ~e g~erfl pablig m~ing ~ ~qaire~mz for mem~p on ~i~r a elat~x~de or ~fionfl ba4g. (~ 16~ ~ 199~; Or& 161~ 19~; Or~ 1606 ~ 2, 1992) 9.06.030 Exemptions. A. A massage establishment license shall not be required for the following persons while engaging in the perfom~ance of the duties of their respective professions: 1. Physicians, surgeons, chiropractors or osteopaths who are duly licensed to practice their respective professions in the State of California while performing · activities encompassed by such professional licenses; 2. Massage therapists ~nd '~oo£~g~ tharapi~t tr~neet while performing massage in the offices of a licensed physician, surgeon, chiropractor or osteopath and while under the direct supervision and medical r~commendation of such licensed medical professional; 3 3. Nurses or physical tbempists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional licenses; 4. Trainers of any. amateur, semiprofessional or professional athlete or athletic team; 5. Barbers or cosmetologists who are duly licensed under Division Six of the State of California's Business and Professions Code on perfo~zdng a massage within the scope of the license and for which no separate or increased prices are charged; 6. Moo~ge therapi£tr x~ho perform '~o~s~ges Massages which are clearly incidental to the operation of a personal fitness training center, gymnasium or health club may be permitted through the use permit for those operations as required in Chapters 19.56 and 19.72 of the Cupertino Municipal Code. massage establishment license is not required for the aforementioned businesses. The massage therapist described in this category will however, be required to obtain a massage therapist permit as set forth in this chapter. 7. ,4cupuncturists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional license. ~4ny State licensed acupuncturist who provides massage services by any person not licensed as an acupuncturist must obtain a massage establishment license as prescribed by this Chapter. B. This chapter shall not apply to individuals administering massages or health treatment involving a massage to persons participating in singular occurring recreational events provided the following conditions are met: 1. Massage services are made equally available to ail participants in the event; 2. The event is open to participation by the general public or sjLynificant segment of the public such as employees of sponsoring or participating corporations; 3. The massage services are provided at the site of the event either during, immediately preceding or immediately following the event; 4. The sponsors of the event have been advised of and have approved the provisions of massage services; 5. The persons providing the massage sentices are not the primary sponsors of the event. (Ord. 1606 § 3, 1992) 9.06.040 Massage establishment license, massage therapist permit, managing employee permit~Required. It is unlawful for any person to engage in, conduct or carry out in or upon any premises within the City the operation of a massage establishment without a massage establishment license obtained from the City IVlem_a_ger. In addition to a City business license, a separate establishment license shall be obtained for each separate massage establishment operated by such person. A massage 4 -5 establishment license shall be issued to any person who has complied with the requirements of this chapter and all other applicable provisions of this code unless grounds for denial of such license exist. The possession of a valid massage establishment license does not authorize the possessor to perform work for which a massage therapist permit is required. It is unlawful to operate, establish or maintain a massage establishment while the license issued for such business has been suspended, revoked, or has expired. No additional applications for licenses will be accepted for locations which are in the appeals process, until the existing license has expired, has been revoked, or has been surrendered by the applicant. (Ord. 1712 (part), 1995: Ord. 1606 § 4, 1992) 9.06.050 Massage establishment license, massage therapist permits, and managing employee permitswApplication. Any person desiring a license to operate a ma.~sage establishment, and/or a massage therapist or a managing employee permit shall submit an application to the City Manager. Within forty4ive s/xty working days following receipt of the completed application, the City Manager shall either issue the permit or mail a written statement of the reasons for denial thereof by certified mail. When necessary, the Cily Manager or his/her designee may extend the time in order to conduct a complete investigation. The application shall set forth the exact nature of the massage, bath or health treai~iient to be administered, and the location of the proposed place of business and facilities thereof., -'~d the -~o'~¢ o'~ of each applic~'~t~ The City Manltger may reque£t the applico"t to Each applicant is required to furnish fingerprints when herded for the purpose of establishing identification and/or criminal record. In addition, a~ each applicant shall furnish the following information: 1. The full name, including any nicknames or other names used presently or in the past, and the Present street address and phone number of the applicants residence; iL 2. The previous address of the applicant for a period of three years immediately prior to the date of the application and the dates of each residence; iL 3. Wdtttn proof 0'or the applicant ic at lc-or eightaan ye°'s of age; The applicant's date of birth; ~, 4. Bu~ine£e, occupation or employment hi~tory of tl~ applie~'~t for thr~ immediately preceding the dat, of application; The applicant's height, weight and color of eyes and hair; 4. If the applieo"t iea corporation, the "o'"e£ oftht corporation shall les eet forth exactly 0o shoxvn in itc o,Xicl~£ of incorporation together x~ith "o'~e£ o'~d r~ident addr~sssc of each of the officers~ di~gtorz o"d each stockholder holding mo~ tbo'~ fiv~ percent of the £toek of the corporation, If*__h~ al~pli¢o_.nt iz a la~rtnershil~ the application ~,oU get forth the e~'~e o"d reeidance a~la-ee£ of ~ach of tha parmer£, incbam'~g limited Fo"tnere. If on~ or more of the F~4aer£ is a ¢orporafion~ tlm pro~gion~ of thi£ £eetion ~rto;uing to a corporate appli~o'~t r*'on 4, 5.license number and/or state identification number (if any) and social security number; · ~, 6. The applicant's two most recent employers, including their names, street addresses, cities and phone numbers, and the position of the applicant; 4, 7. The names, street addresses and phone numbers of any massage establishment or any other business involving massage, relaxation, or other related business by which the applicant has been employed within the past ten years; and the dates of employment; 4, 8. Any criminal conviction on the part of the applicant for offenses other than traffic violations within the ten years preceding the date of the application; 4, 9. Whether the applicant has ever had a Hcense, certificate, permit, or other authorization to engage in the practice of massage or related business; whether the operation of a massage establishment, or other business engaged in the practice of massage, was suspended or revoked within the ten (10) years preceding the date of the application, and dates and reasons for any such suspensions or revocations, and the name and location of the jurisdiction or agency which suspended or revoked such license, certificate, permit or other authorization; 4, 10. Whether the applicant, including applicant as a member of a corporation, business, or partnership, has ever operated or been employed at any business that has been the subject of an abatement proceeding under the California Red Light ~lbatement Act (California Penal Code Sections 11225 through 11325) or any similar laws in other jurisdictions. If the applicant has previously worked at such a business, he/she should state on the application the name and address of the business, the dates on which the applicant was employed at such business, the name and location of the court in which the abatement action occurred, the applicable case number, and the outcome of the abatement action; 4, 11. If the applicant is a partnership, the application shall set forth the names and street addresses of each general and limited partner; 4. 12. If one or more partners are a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the full legal names and street addresses of each of its current officers and directors; 4. 13. Whether the applicant has met the educational requirements set forth in this chapter (except for cases involving applications for massage establishments or managing employee permits, when the applicant has filed a statement under penalty of perjury that he/she will not personally give massages at the massage establishment); 4. 14. Whether the applicant has previously applied to the City for a massage establishment permit, managing employee permit, or massage therapist permit, the date of the application and every name(s) under which the application was made; 6 -q 4, 15. In the case of an application for a massage establishment permit or managing employee permit, the proposed name and street address of the massage establishment, together with the name and street address of any other massage business operated or managed by the applicant, within the ten (10) years preceding the date of the application; 4, 16. In the case of an application for a massage establishment license or managing employee permit, whether the applicant intends to personally provide massage services at the business; 4, 17. A statement under penalty of perjury that the applicant has not made any false, misleading, or fraudulent statements or omissions of fact in his/her application or any other documents required by the City to be submitted with the application; 4, 18. The name and street address of the owner or renter and the lease holder of proposed premises of which application is made; 4, 19. Acknowledgement by the applicant that any information contained within the application that may change during the validity of the permit or license will be provided to the City to maintain current records; 20. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and responsible managing oj~cer; 21. Such other information as may be deemed necessary by the City Manager. (Ord. 1643 (part), 1994; Ord. 1606 § 5, 1992) 9.06.055 Massage establishment license, massage therapist permits, and managing employee permits --Submittal of documantation. Applicants shall also submit the following information at the time of their application: 1. A copy of an acceptable form of picture identification such as a driver's license or state identification card; 2. Two recent identical color photographs of the applicant (similar to passport photographs); 3. Documentation to prove that the applicant has a lawful right to work in the United States; 4. Such other information as may be deemed necessary by the City Manager. 5. In the case of an applicant for a massage therapist permit, a certificate from a physician, which includes the physicians street address and phone number, and states that the applicant is free from communicable diseases or other conditions which could interfere with his/her ability to engage in the practice of massage, to the public, in a safe and healthful manner. Communicable disease testing is required for Hepatitis B and Tuberculosis. The medical exam must have been completed within sixty (60) days of the permit application; 6. In the case of an applicant for a massage therapist permit, a diploma, certificate of graduation, transcripts, or other written proof accepiable to the City 7 Manager or his/her designee that the aPplicant has met the educational requirements set forth in this chapter. 9.06.060 Massage establishment license, massage therapist permit, and managing employee permit~Application fee. Any application for a license to operate a massage establishment and/or a massage therapist permit and managing employee permit shall be accompanied by a nonrefundable fee, as established by resolution of the City Council. The application fee shall be used to defiay the cost of investigation and report, and is not made in lieu of any other fees or taxes required by the Cupertino Municipal Code. The application fee shall be paid at the time the application is submitted (Ord. 1606 § 6, 1992 9.06.065 Massage establishment license, massage therapist permit, and managing employee--Expiration and renewal .4. A massage establishment license, massage therapist permit, and a managing employee permit shall be renewed every year. A renewal fee will be assessed for each permit being renewed Apph'cations for the renewal of establishment licenses must be submitted to the City Manager or his/her designee no later than sixty (60) days prior to the expiration of such license or permit. There shall be no grace period for a massage establishment license, massage therapist permit, or managing employee permit should the aforementioned be allowed to expire. R Any qao~ifiM moorage therapist who applie£ for a moos~Ie e~obli~nt license ~h~l not ~ required to pay ~e fee ~q~d ~ ~ ~eetion but z~l ~ required to ~zh ~e mat~ i~o~ation ~d feez zet fo~ in ~efiom ~90 R~O n~d ~&ll~ (~ 1606 ~ ~ 1992) 9.06.070 Massage establishment license, massage therapist permit, and managing employee Grounds for denial A massage establishment license may be denied by the City Manager if one or more oftbe following are found: 1. That the applicant made a material misstatement in the application for a license and/or permit; 2. That the applicant or any officers or directors of the applicant has, xvithin five yeo-~ immediately preceding the date of filing the application, i:~an convicted of a ~ been convicted of: (1) An offense which requires registration pursuant to California Penal Code Section 290, or a violation of Penal Code Sections 266(1), 311 8 through 311.7, 314, 315, 316, 318, 647(b) or (d), or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; (2) .d prior offense which involves violation of California Health and Safety Sections 11351, 11352, 11358 through 11363, 11378 through 11380, 11054, 11056, 11057, 11058, any other violation(s) involving illegal possession for sale, or sales of a controlled substance, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; (3) ~lny offense involving the use of force or violence upon another person; (4) Any offense involving sexual misconduct with children; (5) Any offense involving theft. 3. That the operation of a massage establishment as proposed by the applicant, if peiccfitted, would not comply with all applicable laws including but not limited to all City ordinances and regulations; 4. That the operation of the proposed massage establishment is likely to be a hindrance to the health, safety, welfare or interest of the people of the City; 5. That the applicant is lacking in the background qualifications to conduct a bona fide massage establishment; 6. That the applicant has violated any provision of this chapter or any similar law, rule or regulation of another public agency which regulates the operation of massage establishments. (Ord. 1712 (part), 1995; Ord. 1606 § 7, 1992) 9.06.080 Massage e~tablishment employeea~Permit requirements. It is unlawful for any licensed massage establishment or managing employee to allow any person to perform massage, bath or health treatment for any compensation unless the person holds a valid massage therapist permit. (Ord. 1712 (part), 1995: Ord. 1606 § 8, 1992) %06,090 Massag~ th~rapifl p~rmit Application, (Renumbered to Section 9.06.050) A. Any per~on desiring a p0rmit to act ar a woosage therapist £b°q £ubmit application to ~ CiW Ma~r. Wi~in for~fiva ~ wor~ng d~ys follox~g receipt of ~e completed applieatio~ ~e Ci~ M~ger eh:!l eider i~e ~e ~it or ~1 a x~n gtga~ment for ~e r~ooo~ for deni~ ~eraof by ee~ifi,d mo~l.. If~e Ci~ Ma~r taknc n~i~ar action ~ p~it e~o~l ~ d~m,d to b, i~e~ ~e Ci~ M~er may ~que~ ~s applicant Each a~icant ~ required tv ~i~ fing~fint~ when needed for ~e Wz~oe, of am~lie~n8 identification on,or criminal ~ In addition ~e ~ppliemut eh:J1 g~ ~e follox~ng ~oi-i~aio~ 9 z0AO 1. No-'e~ r~sid~nt ~0a~ess, telephone n'"~ber, ~ocial sec,,-ity n,,-b~, ~-d ~v~'e '-' licenee 2. W~en e~dsnce that ~e ~lic~t is It Ichor ~i~tesn ys~ of · 9~oims~ oc~upa~on, or ~mplo~nt of ~s applicant for ~s i~s0;atsly p~d~g ~e d~te of ~li~o~ · ~ wine ~d lda-e~ of ~ ~li~snt ~sm ~s appli~qt employed oud ~s r~s of ~s ox~sr o~or op~ator of ~s so~ A · ~ra~ ~o~1ed a ~it ~,~o~t to ~ seaion m-or ~po~ a ~ho~ in mooz~ts s~ta~i~gnt emplo~nt x~n fiv~ d~y~ of ssch ~ho~ Z Cs~ifi~ate ~om a msdig~! dogtor st=fin8 thor ~s pe~i~s~ b°o ~u ~i~' ~ i~;ately prior to the filing of ~ applicafio~ ~n exo~;~d o~d found eou~mi~d te ~e psblic or f~llow employ~s~ by ~s ~s of condua imsra~tion x~ ~ publi~ o~d fellow ~mployes~ involved ~ ~s ~sdo~o~s of conducting a a~ndsd ~d a ~opy of ~ diploma or ~snifi~ats of ~dx~n aNpli~o~t ~ox~ng compl~ion of not few~ tho~ five b~ed hc,,~ of or x~sn a~d v~fisd proof ~t ~s appli~o~t boo at lso~ five h"~d hc"~' · x~d~n~t ~ pwfe~o~ol work ~ud ~od ofm~s~ ~ of~ sffs~tiv~ d~te of · s ordinouc~ codified in ~z chapter; 7. C~ficafion ~om a m~di~d pra~ifionsr ~Nproved by ~ Ci~ of Cu~ · s zppli~o~t hot ~tz~lly ~ompl~td bo~ a ~sn m~ ·s~ifi~ation x~ll bs p~vided o~y ~sr ~s a~lito~t ~o ~mons~tsd a booic km~sd~s ef ouat~my, ph~iolo~ hy~ims o~d No applic~ may t~ ~s x~n tg~ ~d practical ~o~ mor~ t~ ~ t~ in a ~lv~ mo~ ~fio~ ~y ~o~ ~o~iat~ x~n tszt ,~d practic~ pedo~ou~ ~xomina~on ~hdl ~s ~s rs~o~ibili~ of · e appli~o~ o~d p~d d~e~fly to ~e me~c~ practitioner; I. ~_uy N~r~on x~o b°o ~gn i~d a m~os~e ~tm~t ~....~ or · srapi~t ~!nss pe~it oud x~o ~.o not ~omplisd x~ ~ pwvi~ons of ~in ~e~ ~dtnd~' d~ of ~ adoption of ~ o~iw~ codifisd in ~b~c~o~ (~& 1712 ~ 199~ Or& 160 ~ 199~ Or~ 1606 ~ Il, 11,06.100 l~notage therapigt permit Application fee a-d renmvak (Renumbered to Section 9.06.065) A. /~_'ly application for a r-oosage therapitt permit £b'~!1 be ao~omp~":ed by a nonrefund~ble fas ~ ezt~blir, hed by resolution of the City Cov-'cil. A r"oosage therapist permit zb~_!l bs rsnmwd every fiv~ ye~rt, o'~d a rsnexwl fee r~'~11 ~ po:d. The application fee ~,~.~11 ~_~ ,~ged tO defray the ¢os~ of inv~gtigation o"d r~pork ~"d ic not made in li~ of o"y other feen or *°xe~ r~_'~r~d by the Cupertine Munigip~! Code, 10 .to 9.06.110 Massage therapist permit--Criteria for issuance. A massage therapist permit shall be issued to a person who meets the following criteria: A. Is a member in good standing of a state or nationally chartered organization devoted to the massage specialty and therapeutic approach; and B. Has completed one of the following requirements: 1. Five hundred hours of instruction in a massage specialty and therapeutic approach at a recognized school of massage, 2. Two hundred fifty hours of such insixaction and an additional five hundred documented hours of practical experience in a massage specialty and therapeutic approach in one or a combination of the following: a. A primary office of and under the direct supervision of a medical professional licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, while such medical professional is perforating activities encompassed by such license and is physically on the premises where the massage therapy is being administered, Ix Continuing education ¢lov£~z or ze'";-o'~ in the f~ld of me,gage therapy offered by a recognized zchool ofr'°w~ge, c. Az a p~rmitted '~oog~ge therapict troEneg worl4n8 under direct ~upervision of a pc, mitred r~ov~age therapist~ 2. H~ poo~d o'- independently preg°-ed o"d a'~'";niztered written practic~J pefformo'~ce ex~miv~tion ~minict,red threuO~ a medico~ practitioner approvgd by the City of Cupertino wl~r~in the applic°"t "°° b,en reqaired te demon£trate a b~gic knowledge of °"°tomy, ph~ciology~ h~i~na (Ord, 1712 (l:°'t)~ 19~,~; Ord, 1606 § 10~ 1992) (Renutnbered to Section 9.06.120) 3. Has taken and successfully passed the National Certification Examination administered by the National Certification Board for Therapeutic Massage and Bodyworic The applicant must submit a current certificate with the application to satisfy this criteria. 9. 06.120 Massage therapist practical examination. The applicant shall take and pass a written test and practical performance examination administered through a medical practitioner approved by the City of Cupertino wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage. If the applicant fails the practical exam, he/she shall be permitted to retake the exam once, after at least thirty 00) but no more than sixty (60) days have elapsed from the date of the first exam, provided that the applicant pays the applicable exam fees for a second time. Should the applicant fail the exam a second time, the application shall be denied, and the applicant shall not be permitted to apply again for a massage therapist permit for a period of one (1) year. 11 9.06.160 Annual medical examination for massage therapist. A. Any person who has been issued a massage therapist permit, shall file with the City Manager each year within ~L'~-d sixty (60) days of the anniversary date of the issuance of the permit an updated certificate from a medical doctor stating that the permittee massage therapist has, within thirty days immediately prior to the filing of the certificate, been examined and been found to be free of any contagious or communicable disease capable of being tr~"o'~;tted to the public or fellow employee~ involved in the psrforwo"ce of gonducting a r~ootags, set forth in Section 9. 06. 055($). B. It is unlawful for any person who has neglected, failed, or refused to file a certificate required by subsection A of this section to act as a massage therapist. Failure to submit the required certificate shall be grounds for revocation of the permit. (Ord. 1712 (part), 1995: Ord. 1606 § 15, 1992) 9,06,170 Ma~sag, therapist pgrmit Cronnd~ for denial (Renumbered to Section 9.06.070) It i~ ,,ula~fial for ~"y p~r~on to act ~? mots~ffe th~rapirt '"'~ess s~ch ~mon hol& a ~id pe~it itmed by ~ ~ M~r. i~d to ~y F~rron x~o ~s ~filled ~e ~a~m~t~ of -- applicable providon~ of ~s eod~ ~1~ ~o~qd~ for da~ of ~uch ~it fe,,nd to exig. ~ Ci~ M~-~er may ~ny a pe~t if oho or mom of follm~ng ~ fo~d: 1. ~.t ~e applicant b~0 not ~ucci~ly 2. ~t ~e appli~-~t b~ m~ a mat~fifl ~t~t~ent ~ ~ application for ~t ~e appli~-t b~% x~in of~e fling of~e applieafio~ been ~onv~ted of a ~t ~e i~tu~-ce of a ~it i~ l~ly to be a ~n~g~ to ~ he~ ~, x~lf~-e or ~ intorett of~ poopl~ of~ Ci~4 ~t ~e applicant it lacing in ~e backgound q~-~meafiom to ~ ~ a ~ot~ge ~r~ig; ~at ~ applicant .~o vio!~d ~-y pmvieion offs g~t,r or ~ ~i~l,' ordin~ne~ la~x~ ~e or re~la~n of ~"o~r publie ~ney ~ch re~latat o~ratiun~ of mare~ge ,~bli~ms or m~os~ge tec~ei~ (Ord. 1712 ~), 1995: ~ 1606 ~ 17, 1992) 9.06`180 ~ Outcail massage pemit--Applieafion. An off. s~ outcall massage permit may be issued only to a Cupertino licensed massage therapist only. In addition to the permitting criteria for massage therapist as req~l in this Chapter, 8g~tiov2 9,06,090~ ~k06,l10 o"d 9,06.160, an 2 '45 applicant must provide a list of all businesses and residences where the applicant 'will be performing off-sits outcall massage. The massage therapist must keep the City Manager or his/her designee, advised in writing of changes to said list. (Ord. 1643 (part), ! 994) 9.06.190 9ff-_~_'_e Outcall massage permit Criteria. ~ Outcall massage may be performed only under the following criteria: A. Corporate. 1. The massage treatment shall consist of"corporate" massage only as defined in Section 9.06.020. 2. O_n'_ _~;_te Outcall "corporate" massage clients shall be owners and employees of the business at which the massage therapist will be performing massage. B. Residential. 1. The massage treatment shall consist of "reeidentior' corporate massage only as defined in Section 9.06.020. 2. "Residential" massage clients must possess a referral from a licensed chiropractor or physician to the effect that treatment in a licensed massage establishment is not recommended. A record of every such referral shall be obtained and kept by the person rendering the services for a period of one year from date of referral. Such record shall show the name and address of the doctor, the date and any prescription number. (Ord. 1643 (part), 1994) 9.06.193 Operating requirements for massage establishments Unless otherwise specified in this Chapter, all massage establishments shall comply with the following operating requirements: (a) Exterior signs. ~4 recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. In addition, the sign shall comply with the City sign ordinance. (b) Posting of massage establishment license, massage therapist permit, and managing employee permit. A copy of the massage establishment license, massage therapist permit(s), and managing employee permit(s), shall be posted in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. Passport size photographs shall be affixed to the respective massage therapist permit(s) and managing employee permit(s) on display. (c) Designation of managing employee. If the holder of the massage establishment license does not personally manage the business during all hours of operation, he/she shall designate one or more managing employee(s) who shall be in charge of the operation of the business during his/her absence. If the managing employee(s) will personally provide massages at the business, he/she must obtain a massage therapist permit. (d) noot~ to b~ ttnlo£1te't 'Ail '.doort~. ,xe~pt r~troom door,, n~H ba lre3~t amlock~d at aH tim~ &tring tnt~ine~ hmtrs, Door~ t~ all dr~ing antt mt'.£ag, roorr~ ~ht~H b~ kept ttnlocked ~t all tim,g. Ther, shah b~ no locking d, vic~, on th, dooss to rooms in which m~sag~, or, l~rform,d (d) Posting of services available and fees. A list of ail services available, the price thereof and the length of time each service shall be performed shall be posted or available in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. No other services, other than those posted shall be provided (e) Payment/tips. Payment for massage services, and any tips, shall be paid for at the designated reception area of the business establishment. (f) Alcohol prohibited- No alcoholic beverages may be located on the premises of the massage establishment while the business is open for the practice of massage. (g) Maintain written records. Every massage establishment shall keep a written record of the date and hour of each service provided, the name and address of each patron and the service received, and the name of the massage therapist administering the service. Such records shall be open to inspection only by officials of the City of Cupertino charged with enforcement of this chapter. These records may not be used for any other purpose than as records of servicc provided and may not be provided to other parties by the massage establishment or service unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years. (Ord. 1712 (part), 1995) (h) Standard of dress for massage establishment employees. The holder of the massage establishment permit, massage therapists, managing employees, and all other employees of the massage establishment shall remain fully clothed in clean outer garments while on the premises of the massage establishment. ,dt a minimum such clothing shah be made of nontransparent material and shall not expose the buttocks, genital area or breasts of any employee or permit holder at any time. (i) Operating hours. No massage establishment shall be kept open for business and no massage therapist shall administer massages after the hour of 10:00 p.m. or before the hour of 7:00 a.m. Operating hours may be further restricted by the City Manager pursuant to Section 9. 06.200. O) Mirrors prohibited. In general, mirrors are prohibited in rooms where massages are performed; however, one full length or small mirror may be mounted vertically to the wall, not less than twenty (20) inches from the floor. (k) Lighting required. Massage establishments will be well-lighted at all times during business hours. Rooms where massage services are provided will be adequately lighted when occupied 14 9.06.196 Massage establishment sanitary conditions/condition of premises. (1) Required maintenance of massage establishmen~ Ali premises and facilities of the massage establishment shall be maintained in a clean and sanitary condition and shall be thoroughly cleaned after each day of operation. The premises and facilities shall meet applicable code requirements of the city, including but not limited to those related to the safety of structures, adequacy of the plumbing, heating, ventilation, and waterproofing of rooms in which showers, water, or steam baths are used. (2) Linens. All massage establishments shall provide clean laundered sheets, towels, and other linen in suj~cient quantity for use by their clients.. Such linens shall be laundered after each use and stored in a sanitary manner. No common use of linens or towels shall be permitted. Heavy white paper may be substituted for sheets on massage tables, provided such paper is used only once for each client and is then discarded into a sanitary receptacle. Containers shall be provided for the storage of all soiled linens. (3) Privacy standards for massage rooms, dressing rooms, and restrooms. Dressing rooms and restrooms may only be used by clients of the same sex at the same time. The massage establishment shall provide doors for all dressing rooms, and massage rooms. Draw drapes, curtain enclosures, or accordion-pleated enclosures are acceptable in lieu of doors for dressing rooms and massage rooms. 9.06.198 Prohibited acts. (1) Touching of sexual and genital parts of client during massage. No holder of a massage establishment license, massage therapist permit, managing employee permit, or any other employee of a massage establishment shall place either his/her hand or hands upon, or touch with any part of his/her body, or with a mechanical device, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual and genital parts shall include the genitals, pubic area, anus, or perineum of any person. (2) Uncovering and exposure of sexual and genital parts of client before, during, or after massage. No holder of a massage establishment license, massage therapist permit, managing employee permit, or any other employee of a massage establishment shall uncover and expose the sexual or genital parts of a client or themselves while engaged in the practice of massage, or before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, provided the massage therapist holds a towel, sheet, blanket, or other drape over the client to protect his&er 15 genital and sexual parts from exposure. If the client exposes the genital area, the therapist shall immediately direct the client to cover him/herself. If the client refuses to comply, the massage therapist shall inform the client that no further massage will be provided and the client will be asked to leave the premises. If the client refuses to leave the premises, the massage therapist must immediately leave the room and notify the managing employee. (3) Outcall massage services. It shall be unlawful for any massage establishment or massage therapist to provide outcall massage services within the City unless it occurs at the client's residence, and the client possesses a referral from a Hcensed chiropractor or physician stating that treatment in a licensed massage establishment is not recommended and the medical reason why it is not recommended, or at a business establishment in which clients shall be owners and employees of the business and the massage treatment consists of a "corporate massage" as defined in Section 9.06. 020(A). ~ record of every such referral shall be obtained and kept by the massage therapist rendering the service for a period of one year from the date of referral. Such record shall show the full legal name and street address of the doctor or chiropractor, the date, and any prescription number. Massage therapists providing outcall massage must comply with all provisions of this chapter. (4) Transfer of massage establishment license, massage therapist permit, managing employee permit, No permit issued pursuant to this chapter shall be transferred or assigned in any matter, whether by authorization of law or otherwise, from any location to location or from person to person, except that a person possessing a massage therapist permit, issued by the City, shall be able to move from one employer to another without filing a new application or paying a new fee, so long as the permit holder notifies the City Manager or his/her designee, in writing, of the change in his/her employment within five (5) days of such change. Failure to make this notification within five (5) days shall be grounds for suspension, revocation, or denial of the permit. 9.06.200 Suspension or revocation--Grounds. Any license or permit issued under this chapter may be suspended or revoked by the City Manager for any reason, which would justify the refusal to grant a license or permit originally. (Ord. 1643 (part), 1994; Ord. 1606 § 18, 1992) 9.06.210 Suspension or revocation~Notice--Hearing. The holder of the license or permit shall be given prompt notice of revocation or suspension of the license or permit and shall immediately desist from en~aging in the activity. The notice shall fix a time and place, not less than five or more th_an 16 thirty days after service thereof, at which time the holder of the license or pemiit may appear before the City Manager and be granted a hearing upon the merits of such suspension or revocation. If after such hearing the license or permit is ordered revoked, the holder shall have the right to appeal such action to the City Council in accordance with Section ~ 9.06.220 of this chapter. (Ord. 1643 (part), 1994; Ord. 1606 § 19, 1992) 9.06.220 Appeals. Any person whose license or permit has been denied, suspended or revoked may appeal the administrative decision of the City Manager, or designated representative, by filing a written notice of appeal with the City Clerk within five working days after receipt of notice of the decision. Such appeal shall be heard by the City Council, which may alTlrm, amend or reverse the order, or take other action deemed appropriate. The Clerk shall give written notice of the time and place of the hearing to the appellant and any other person requesting notice. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. Any person requesting an appeal shall pay a nonrefundable fee set forth in the City fee schedule at the time of filing the appeal. (Ord. 1643 (part), 1994; Ord. 1606 § 20, 1992) IL06.~0 _~isplay of permit li~en~ec. (Renumbered to Section 9.06.195Co) The oxvner or operator of moorage egto~li~hment £hall di£play a moo£age e~t~bli~hmem liceme ~d ~e ~it for each ~-d eve~ ~ge ~rapi~ · mploy~d in ~e e~t~bli~en~ in ~ og~n ~d co~picuc-~ place on ~e pre~e~. (~ 1712 ~ 19~: Or~ 1~ ~n~ 199~ ~ 1606 ~ 21, 1992) 9.06.230 (Renumbered) Inspection by officials---Premises. Any and all investigating officials of the City of Cupertino shall have the fight to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain compliance with the provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 1712 (part), 1995; Ord. 1643 (part), 1994) IL06~24~ Inspection by offiQiala RQ~ords. (Renumbered to Section 9.06.193(h)) 17 9.06.240 (Renutnbered) Violation Public nuisance Violations of any provisions of this chapter constitutes a public nuisance which may be abated puts-ant to Chapter 1.09 of the Cupertino Municipal Code. (Ord. 1643 (part), 1994; Ord. 1606 § 23, 1992) ~L06,260 9.06.250 (Renumbered) Violation--Penalty. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of the Cupertino Municipal Code. (Ord. 1712 (part), 1995: Ord. 1643 (part), 1994; Ord. 1606 § 22, 1992) . OdK~gTO 9.06.260 (Renumbered) Continuing violations--Alternative remedies. Nothing in this chapter shall be deemed to prevent the City Council from directing the City Attorney to commence civil action to enjoin the continued violation of any provisions of this chapter or to abate a nuisance, as an alternative, or in conjunction with any other civil or criminal proceedings provided for herein. (Ord. 1643 (part), 1994; Ord. 1606 § 24, 1992) ~ 9.06.270 (Renumbered) Application to exi.qting massage establishments and massage therapist. The provisions of this chapter shall become applicable to massage establishments and persons engaged in the practice of massage which lawfully existed prior to the effective date of the ordinance codified in this chapter. In order to comply with this chapter, each owner of a massage establishment shall comply with the provisions of this chapter within ~y sixty (60) days of the adoption, and each massage therapist must comply within ninety (90) days of adoption. (Ord. 1712 (part), 1995) lB ORDINANCE NO. 1876 AN ORDINANCE OF THE CITY COUNCIl. OF THE CITY OF CUPERTINO AMENDING SECTION 11.20.020 OF THE CUPERTINO MIJNICIPAL CODE RELATING TO ESTABLISHMENT OF VEHICULAR STOP AND SECTION 11.20.030, ALL DIRECTIONAL VEHICULAR STOP REQUIRED AT CERTAIN INTERSECTIONS; FELTON WAY AT THE INTERSECTION OF KIRWIN LANE The City Council of the City. of Cupertino does hereby ordain that Section 11.20.020 be amended to include the following: Section 11.20.020 Vehicular Stop Required at Certain Intersections. Approaching Street At Any Entrance Required to Stop Thereof With Felton Way Kirwin Lane INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 19t~ day of March, 2001 and ENACTED at a regular meeting of the City of Cupertino this day of ,2001 by the following vote: Vote Council Mgmb¢ts AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino