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CC 04-05-04 CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A Monday, April 5, 2004 5:00 p.m. CITY COUNCIL MEETING ROLL CALL INTERVIEWS - 5:00 p.m. in Conference Room A 1. Conduct interviews for the Housing Commission and the Bicycle Pedestrian Commission. RECESS PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS - 6:45 p.m. in Council Chambers 2. Presentation by Tai Ji Men to recognize contributions of Mayor James for promoting Chinese culture. 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. April 5,2004 Cupertino City Council Cupertino Redevelopment Agency Page 2 CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Approve the minutes from the March 15 and 27 City Council meetings. 4. Adopt resolutions accepting Accounts Payable for March 12 and 19, Resolution Nos. 04- 284 and 04-285. 5. Adopt resolutions accepting Payroll for March 12 and 26, Resolution Nos. 04-04-286 and 04-287. 6. Accept the Treasurer's Budget Report for February 2004. 7. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements): Fatemah Asgari for Gholamreza Javanmard and Ezat Loukzadeh, 10071 Orange Avenue, APN 357-16-029. (No documentation in packet). 8. Adopt a resolution approving a Grant of Easement for roadway, Lynn M. Ching, 22781 Stevens Creek Boulevard, APN 342-12-037, Resolution No. 04-288. 9. Adopt a resolution approving a Dedication of Real Property for roadway purposes, Lynn Ching, Lot 60, San Leandro Avenue, APN 357-05-029, Resolution No. 04-289. 10. Watershed Protection Collaborative: (a) Authorize the City Manager to negotiate and execute the Second Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District (SCVWD) in the amount of $80,000.00 for a total agreement amount of $325,000.00, for the District to fund the efforts of the Watershed Protection Collaborative (b) Authorize the Director of Public Works to complete an additional encumbrance to the current agreement in the amount not to exceed $80,000.00 with CONCUR, Inc. for the continued administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Cupertino City Council Cupertino Redevelopment Agency Ápra 5, 2004 Page 3 PUBLIC HEARINGS 11. 12. Review and adopt City fees. (This item will be continued to April 19): a) Adopt a resolution establishing an emergency response fee (911), Resolution No. 04-290, and Conduct the first reading of Ordinance No. 1935: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino Municipal Code Pertaining to 911 Emergency Communication System Response Fee." b) Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291. Consider adopting a resolution regarding the use of second program year (2004-05) Community Development Block Grant (CDBG) Funds and begin review of the 2004-05 Annual Action Plan, Resolution No. 04-292. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 13. 14. 15. 16. 17. 18. 19. Consider denying an appeal of Code Enforcement's decision to deny the Massage Permit Application No. C-0400206. Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter Rasmussen, President, Blue Pheasant Restaurant Inc., and Birthe Lisa Rasmussen for lease of city property at 22100 Stevens Creek Boulevard. (This item was continued from 3/15/04). Consider a policy waiving fees for use of City facilities, for community groups raising funds for the Library Furniture, Fixtures, and Equipment (FF&E) fund. Adopt a resolution supporting the statewide ballot initiative to require voter approval before State Government may take local tax funds, Resolution No. 04-293. Accept the 2002-03 Management Letter from City Auditors, Maze and Associates. Accept a report from Maze and Associates which was performed to test compliance with City guidelines used in the approval of housing units to BMR program participants by our subcontractor Cupertino Community Services (CCS). Accept the 2002-03 Single Audit Report from City Auditors, Maze and Associates. April 5, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 4 20. Review and Approve a Mid-Year Budget Adjustment for General Fund Public Service Grants and other grants. 21. Approve the agreement between Silicon Valley Animal Control Authority (SV ACA) and its member cities regarding purchase of property at 3370 Thomas Road, Santa Clara. 22. Approve questions for the Biennial Community Survey. ORDINANCES STAFF REPORTS COUNCIL REPORTS CLOSED SESSION 23. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 - consultation with City representatives David Knapp and Therese Smith regarding the Blue Pheasant Restaurant. 24. Initiating litigation - Government Code Section 54956.9(c). Possible action against Edward Britt, Norman Hackford, and Gerald Cooley related to the initiative measure. (No documentation in packet). ADJOURNMENT Adjourn to April 6 from 3:00 p.m. until 6:00 p.m. in Cupertino City Hall Conference Room C, 10300 Torre Avenue, to discuss Val1co Economic Development. REDEVELOPMENT AGENCY MEETING Canceled for lack ofbusiness. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. (ITYOF CUPEI\TINO DRAFT MINUTES CUPERTINO CITY COUNCIL CUPERTINO PLANNING COMMISSION Regular Adjourned Meeting Monday, March 15,2004 CALL TO ORDER At 5:05 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Planning Commission members present: Chairperson Taghi Saadati, Vice-Chair Gilbert Wong, and Commissioners Lisa Giefer, Marty Miller, and Angela Chen. Commissioners absent: None. Staff present: Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Public Works Director Ralph Qualls, City Planner Cynthia Wordell, Senior Planner Vera Gil, and Deputy City Clerk Grace Johnson. STUDY SESSION - 5:00 p.m. in the Council Chambers 1. Conduct commission interviews at 5:00 p.m. for CDBG, Housing Business Representative, and BicyclelPedestrian commissions (staff recommends that these interviews be continued to April 5 at 5:00 p.m.). KwokiLowenthal moved and seconded to continue this item to April 5 at 5:00 p.m. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 2. Joint study session with the Planning Commission to consider recommendations from the General Plan Task Force. (This item was continued from 3/2/04). City Planner Cynthia Wordell gave a PowerPoint presentation. She commented on the purpose of the study session, the public hearing documents involved, and circulation. 3-1 March 15,2004 Cupertino City Council Page 3 Rod Brown, La Paloma Dr., said that the visuals at tonight's meeting were useful and that the public should see them. He asked that the visuals be coordinated with all of the numbers to make it easier to understand. He said that the Minority Report made some general recommendations, but the signers would be willing to work with Council to explain the specifics and what the implications of those are. Jody Hansen, Silverado Ave., said that she was disappointed in the process by starting out with a draft amendment prepared by staff, rather than the existing General Plan. She said that it created confusion due to many different starting points. Andrea Harris mentioned the different members of her Task Force table group. She said that the document coming from the Task Force is good because it brings together all of the work from the Task Force. She said that she appreciated having the Administrative Draft as a starting point because it used modem views and came up with big ideas. Nina Daruwalla, Celeste Circle, said that she contacted the Cupertino Union School District (CUSD) statistician because she was concerned about the impacts on schools by future, proposed building. She said that the numbers clearly stated that the elementary schools would be impacted because they are full. She said that this is a bonus for them however, since they get additional money per child, and the district would simply readjust boundaries. She said the high school would really be impacted because that district receives no additional monies and the schools are extremely full. K wok said that he would like to proceed with the General Plan amendment using only one draft, the Task Force draft. Lowenthal said that he had a problem reconciling the Task Force draft with the community survey. He said the survey said the citizens wanted a more walkable community and affordable housing, but the Task Force draft didn't say that. So, he wondered what the community really wants. Piasecki noted that a new community survey would be going out and Council would receive it sometime at the end of Mayor early June. Wang said that she would like to use the Task Force recommendation as the framework. She said that she would like to see the General Plan draft and the new community survey compared side by side. Sandoval said that she would like to use the Task Force outcome as the basis for discussion and to use multi-colors and strike-throughs to see changes. She said she thought it was important to see the community survey and analysis first before working on the General Plan draft. She said she would like additional information on the retail vacancy rate in surrounding cities, and existing retail establishments within Cupertino that are old and deteriorating, like the Loree Center. She said she would like to see a map J-3 March 15,2004 Cupertino City Council Page 4 Showing zones for retail, office, apartments, condominiums, town-homes, and mixed-use uses. She said that she would like to see at least three public meetings held in three different parts of the City and to make sure they are well noticed. James said that she would like to use all of the drafts folded together in order to see all of the different opinions. She said she liked the strike-through draft that shows the work of the Task Force, and said the charts and graphs were very important. She said that more discussion on the General Plan draft would occur at the Community Congress coming up on Saturday, March 27. She said she also wanted to be sure many community meetings took place and that public input would continue at the Council meetings as well. Piasecki confirmed Council direction that in two months, staff would bring back a General Plan prototype based on the Task Force recommendations. RECESS The City Council recessed from 6:52 p.m. to 7:20 p.m. ROLL CALL At 7:20 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Recreation Supervisor Don McCarthy, Recreation Coordinator Colleen Manning, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS 3. Presentation to Hema Kundargi, Fari Aberg, and Chihua Wei in appreciation for providing cross-cultural training to city employees. Mayor James presented marble boxes with Cupertino's logo to Kundargi and Wei. Aberg was not present. Wei gave a plea for support and more programs for special needs families. POSTPONEMENTS Deputy City Clerk Grace Johnson said that item number 15 regarding the Blue Pheasant lease would be postponed to April 5. ]-L( 9. March 15, 2004 Cupertino City Council Page 5 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Johnson mentioned a handout titled, 'The Impact of the State's Fiscal Crisis on Our Local Governments", a meeting sponsored by the League of Women Voters of Cupertino-Sunnyvale. ORAL COMMUNICATIONS Ed Hershfield, Stendhal Lane, commended City staff and the Parks and Recreation Commission on the successful renovation of the Cupertino Sports Center. He said that the majority of the members are happy and he suggested that those unhappy members leave past conversations behind and allow staffto do their job. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 4. Approve the minutes from the March I and 2 City Council meetings. 4a. Approve the minutes from the March 10 Special Meeting of the City Council (these minutes were distributed at the meeting). 5. Adopt resolutions accepting Accounts Payable for February 27 and March 5, Resolution Nos. 04-276 and 04-277. 6. Adopt a resolution accepting Payroll for February 27, Resolution No. 04-278. 7. Accept the Treasurer's Budget Report for January 2004. 8. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements). (No documentation in packet): a) b) Timothy A. Limon and Lilia H. Limon, 10354 Byrne Avenue, APN 357-15-074 Lynn M. Ching, 10008 Canyon Oak.Way, APN 342-12-037 c) Taylor Woodrow Homes, Inc., Astoria at Imperial, Tract No. 9410 Adopt a resolution accepting a Grant of Easement for Roadway Purposes from Joseph Jiang and Evelyn Jiang, husband and wife, 10551 Santa Lucia Road, APN 342-17-081, Resolution No. 04-279. 10. Adopt a resolution approving the Parcel Map of property located at 10050 and 10080 N. Wolfe Road (portion of parcels I and 4), Menlo Equities, and authorizing the City Engineer to sign the Parcel Map Resolution No. 04-280. 3-5 March 15,2004 Cupertino City Council Page 6 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS PLANNING APPLICA nONS UNFINISHED BUSINESS NEW BUSINESS I I., Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks for Adriana Avenue, Oakview Lane, Woodbury Drive, Gardenview Lane, Madera Drive, Mann Drive, Meadowview Lane, Monte Court, Corte Madera Lane, and Dos Palos Court, Resolution No. 04-281. Public Works Director Ralph Qualls reviewed the staff report. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-281. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 12. Adopt a resolution approving a policy to require the virtual elimination of mercury from controllable sources that may affect urban runoff due to municipal operations, Resolution No. 04-282. Public Works Director Ralph Qualls reviewed the staff report. He said the City has an information program that is distributed to all users by calling the CITY number or the Public Works Department. He explained the difference between a point source system (anything connected to a closed system such as a sink, shower, or toilet), and a non-point source system (where natural run-off occurs like flood waters or irrigation). Lowenthal asked staff to put an article in the Cupertino Scene warning residents not to pour chlorinated pool water into the storm drains. SandovallKwok moved and seconded to adopt Resolution No. 04-282. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 13. Adopt a resolution approving the selection of Coffee Society as the designated operator of the Cupertino Library Café and authorizing the City Manager to negotiate and execute a five-year lease with a conditional five-year renewable option with Coffee Society to operate the Café, Resolution No. 04-283. Public Works Director Ralph Qualls reviewed the staff report. 3-~ March 15,2004 Cupertino City Council Page 7 Coffee Society founder Ralph Flynn said that they are very excited about the new café and look forward to working with the architects. He said they are changing their menu somewhat and will be adding a new line of hot and cold pearl teas, in addition to gourmet sandwiches brought in daily. He said the quality drinks made since 1988 will stay the same, and they will continue to honor discount cards. Qualls said that a sign would say, "Coffee Society at the Cupertino Library." He also said that there would a drop-off zone only on Torre Avenue across the frontage of the Civic Center Plaza, and that a couple of l5-minute parking spots next to the café would be designated. Flynn said that they plan to open the café before the library opens and stay open later to accommodate all the meetings and activities in the community center. He said they hope to promote and sponsor music activities in the park during the summer hours. KwokiSandoval moved and seconded to adopt Resolution No. 04-283. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 14. Receive a recommendation from the Parks and Recreation Commission to adopt the revised policies for the Sports Center. Parks and Recreation Director Therese Smith reviewed the staff report. Grace and Tony Toy, Crescent Rd., distributed a packet of 16 pages which included the following: I) Email, letter, and fax correspondence among staff and themselves between the dates of March 15, 2004 and November 15, 2002; 2) Copy of a page from the Mercury News dated February 3, 2004 showing the weather forecast for San Jose; 3) A news article from the February 4, 2004 issue of the Cupertino Courier regarding tennis. Grace Toy read from the first page of the handout which talked about court time management and reservation sheets; the need for a Priority Team Tennis Policy; pass holder turnover; and unfair treatment of the Toys from the staff. Tony Toy continued to read from the first and second page of the handout. He mentioned the five-member committee, of which he was a member; the survey conducted by staff to the pass holders; reservation sheets, especially for court # 1; and the 24-hour cancellation policy. Grant Gower, Ridgeway Dr. and President of the Cupertino Tennis Club, said that the improved policies would increase access to court #1. He said that the survey was distributed to all 600 of the pass holders and that the majority of them supported the new policies. He requested that Council adopt the new policies. Council and staff discussed the policies. Staff clarified that the Cupertino Tennis Club hosts matches at Cupertino and that everyone who plays in the league from Cupertino are also pass holders. ]-7 March 15,2004 Cupertino City Council Page 8 Recreation Supervisor Don McCarthy commented that the new policies are firmer than in the past and they make sure that pass holders don't take advantage of the reservation system. He commented on an inquiry ITom Council and said that the Cupertino Sports Center parallels the private sector, but is municipally owned. He said they would work on recapturing the business that left during the building's remodel by doing outreach through direct-mail marketing, offering discounts for faculty of schools, etc. He said that the survey was mostly focused on tennis, but that another survey would go out to get feedback from other elements of the Center. Lowenthal said that he thinks the Sports Center is an asset to Cupertino and he believes in the ethics and integrity of its staff. He said that 92% of the people surveyed thought that the customer service was excellent and were satisfied. He said that he plays tennis and has lost play time to league play before, but he must just accept it. Sandoval said that she is a member of the Sports Center and is satisfied with how it's run, and from what she has heard; other members are satisfied as well. She said that she hoped staff would be working on addressing the other issues such as 2-way traffic and teens smoking outside so that everyone is able to get a positive experience. She said that the new policies should have time to see how they work and then be evaluated. K wok said that the Sports Center is doing good publicity and outreach. He said he would like to see badminton nets and table tennis set up in the racquetball courts when they are empty. He said he supports the staff recommendation but is concerned about the potential public criticism regarding the make-up of the committee. James said that she supports staff and that the Parks and Recreation Commission has had many public hearings to process everything. She said that she understood that the committee was meant to be more of a staff-driven decision and not a community task force. She said it was time to put the controversy behind them. Lowenthal/Kwok moved and seconded to accept the Parks and Recreation Commission's recommendation regarding the new policies. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 15. Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter Rasmussen, President, Blue Pheasant Restaurant Inc., and Birthe Lisa Rasmussen for lease of city property at 22100 Stevens Creek Boulevard. This item was postponed to April 5. ORDINANCES 3-g March 15,2004 Cupertino City Council Page 9 STAFF REPORTS 16. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said sales tax revenues are down $400,000 from last fiscal year; the hotel tax is down $90,000 from last year; and the utility user tax is down $75,000 from last year. She said that the City is behind by $1.4 million in cash flow, but the departments have been diligent in cutting back for this fiscal year and the City will see a $300,000 savings over the prior year. She said the City has a bid into the State to claim hardship for vehicle license fees, but the outcome is still uncertain. City Manager David Knapp said that only one position had been filled and the rest were promotional only. He said that the City has about 9-10 positions vacant. Atwood responded to an inquiry from Council regarding where the City would get the money for the Initiative election. She said that the money would either come from the general reserves, or the level of service would be decreased. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the STARS event from the Chamber of Commerce - Apple Computer won for the largest business, Whole Foods for the medium business, and the Cupertino Education Endowment Foundation for the small business; Michelle Hu was honored at the Euphrat Museum for her help with the Lunar New Year Unity Parade, and she is moving back to Taiwan; the Historical Society honored Beez Jones; Quinlan Community Center hosted the First Annual Antique Road Show; the Tri-City National Little League team kicked-off its 40th year; the Valley Transportation Authority (VTA) had a discussion on its 2030 plan and what transportation would look like in the valley; the Indian community honored one of its prophets in a memorial service at the Flint Center; Regnart School had a Career Day; students from different schools have been touring City Hall; 3 Lynbrook High School students shadowed the Mayor; the Future Business Leaders of America met at Monta Vista High School. CLOSED SESSION 17. Initiating litigation - Government Code Section 54956.9(c). Possible action against Edward Britt, Norman Hackford, and Gerald Cooley related to the initiative measure. (No documentation in packet). No closed session was held, but the following people spoke on the item. Bob Garten, Dexter Dr., said that he wanted to clarify that the Initiatives are not anti- growth, but are for sensible and responsible growth management, and are designed to preserve the suburban character of Cupertino. He said that the Initiatives contain J-1 March 15,2004 Cupertino City Council Page 10 exemptions for Vallco Park Planning District, because the proponents want to see that area grow and prosper. He said the proponents welcome the possibility of a large theater complex associated with Val1co to encourage people to bring business to Vallco. He said the Initiatives encourage the retail development of the Wolfe Road commercial corridor bounded by Stevens Creek and Highway 280 and will allow plans already under development to be created along Wolfe Road. He said the Initiatives do not restrict any kind of development in Cupertino, but development that exceeds the standards established by the Initiatives would be placed before the citizens of Cupertino who would vote to approve or not approve whatever project is proposed. Gerald Cooley, Castine Ave. and member of the Concerned Citizens of Cupertino (CCC), said that he doesn't understand the agenda language of calling the agenda item "possible litigation" against the 3 signatories on the Initiatives. He said the use of the proponents' names is slanderous and that litigation implies wrongdoing. He said they are exercising their democratic rights through the State Initiative process. He requested that the proponents' names be removed from any future agenda items on this topic. City Attorney Charles Kilian said that the description of who the defendants are, are required by state law to be listed. He said that state law does not allow the City Council to meet in closed session unless it meets one of the criteria, and the only criteria on this topic would be the possible initiation of litigation and the defendants' names must be listed individually. Rusty Britt, Peppertree Lane and member of the CCC, said that she is against skyscrapers, dense in-fill housing, and mixed-use building. She said that she was concerned that another City Council in the future years could make an exception to the General Plan and build even more huge buildings. She said the CCC has been meeting for over a year to find a solution and the only long-term solution would be to have an Initiative that states limit to building heights, density of housing per acre, and set-backs. According to the Initiative, an election would be required to allow exceptions to the limit. She said the proponents are making every effort to meet deadlines for the November election, rather than to have a special election. She urged the Council to work with the CCC and negotiate together to come to an amicable agreement for sensible growth in Cupertino. Dennis Whittaker, Sheryl Dr., said that he doesn't want Cupertino to look like Chicago, with 3-story buildings that are 20-30 feet across with no sunlight. He said that the Initiatives are a symptom of what's going on. He said the CCC is worried about the quality of life, the schools, the opeuness, the traffic, and the retail. He said that it seems like the Council is thinking of future Cupertino residents and not the current residents. He said he was concerned that the community survey would go out with questions asked in a specific way to get a specific response. He asked Council to work together with the CCC for slow, smart growth. 3-{0 March 15,2004 Cupertino City Council Page 11 ADJOURNMENT At 8:50 p.m. the meeting was adjourned to Saturday, March 27 from 8:00 a.m. to 12:00 p.m. for the Cupertino Community Congress, Cupertino Senior Center, 21251 Stevens Creek Blvd. and Mary Avenue. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutesl City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364. ]-1/ DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Saturday, March 27,2004 CITY OF CUPEI\TINO CALL TO ORDER At 8:20 a.m. Mayor James called the meeting to order in the Cupertino Senior Center, 21251 Stevens Creek Boulevard, Cupertino, California. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Public Works Director Ralph Qualls, Parks and Recreation Director Therese Smith, and City Clerk Kimberly Smith. COMMUNITY CONGRESS 1. "Balance or Bust" budget management board game. City Manager David Knapp gave an overview of the current city budget and how revenues and expenditures are broken down. Parks and Recreation Director Therese Smith explained how the "Balance or Bust" board game was played, and community members began the activity. Representatives from each of the game tables reported back to the entire meeting how they prioritized their budget cuts, which areas they gave the highest priority, which areas were the most difficult to cut, and the most important thing they had learned during the process. The City Council members thanked the community members for their participation and their ideas. J-/,2. March 27, 2004 Cupertino City Council Page 2 ADJOURNMENT At 11 :55 a.m., the meeting was adjourned to Monday, April 5 at 5:00 p.m. for commission interviews for CDBG, Housing Business Representative, and Bicycle/Pedestrian commissions. The interviews will be held in Conference Room A, City Hall, 10300 Torre Avenue. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutesl City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 3-/3 DRAFT RESOLUTION NO. 04-284 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 DESCRlliED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MARCH 12, 2004 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: (1u~ () /J.jV ~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of April , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 4-( 03/11/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND SELECTION CRITERIA, transact. trans_dace between "03/oel""" and "031"/2004" 11 0 - GENERAL FUND CASH ACCT CHECK NO 1020 606863 1020 606864 1020 606865 1020 606865 1020 606865 TOTAL CHECK 1020 606866 1020 606866 1020 606866 1020 606866 TOTAL CHECK 1020 606867 1020 606868 1020 606868 TOTAL CHECK 1020 606869 1020 606870 1020 606871 1020 606872 1020 606873 1020 606873 1020 606873 1020 606873 TOTAL CHECK 1020 606874 1020 606874 TOTAL CHECK 1020 606875 1020 606875 1020 606875 1020 606875 TOTAL CHECK 1020 606876 1020 606876 1020 606876 TOTAL CHECK 1020 606877 03/12/04 1680 ISSUE DT --------------VENDOR----- 1107501 03/12/04 28 03/12/04 2276 03/12/04 2276 03/12/04 2276 03/12/04 2298 03/12/04 2298 03/12/04 2298 03/12/04 2298 03/12/04 96 03/12/04 968 03/12/04 968 03/12/04 1828 03/12/04 2179 03/12/04 100 03/12/04 130 03/12/04 132 03/12/04 132 03/12/04 132 03/12/04 132 FUND/DEPT ADVANTAGE GRAFIX AIRGAS NCN 1108314 ALHAMBRA ALHAMBRA ALHAMBRA 5706450 1104510 1104510 ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS 1104400 1106265 1108501 1108602 ARROWHEAD MTN SPRING WAr 5606620 BAP AUTO PARTS BAP AUTO PARTS 6308840 6308840 BAY MEADOWS OPERATING 5506549 BIGGS CARDOSA ASSOCIATES 2709449 BMI IMAGING SYSTEMS 1104300 CALIFORNIA PARK AND RECR 1108201 CALIFORNIA WArER SERVICE 1108314 CALIFORNIA WATER SERVICE 1108509 CALIFORNIA WATER SERVICE 1108508 CALIFORNIA WATER SERVICE 1108407 03/12/04 2232 CARIAGA, LOURDES 110 03/12/04 2232 CARIAGA, LOURDES 110 03/12/04 147 CASH 5506549 03/12/04 147 CASH 1106500 03/12/04 147 CASH 5506549 03/12/04 147 CASH 5506549 03/12/04 148 CASH 1108201 03/12/04 148 CASH 1108503 03/12/04 148 CASH 1108408 03/12/04 149 CASH 1104510 RUN DATE 03/11/04 TIME ",OS,36 ~ PAGE 1 - ----DESCRIPTION----- - SALES TAX AMOUNT COUNTER CHECKLISTS 0.00 491. 70 FY 2003-2004 OPEN PURC 0.00 40.48 BOTTLED DRINKING WTR 0.00 27.15 BOTTLED DRINKING WTR 0.00 145.15 BOTTLED DRINKING WTR 0.00 171.00 0.00 343.30 6187076-2 3/01-4/01 0.00 20.10 6187076-2 3/01-4/01 0.00 63.93 6187076-2 3/01-4/01 0.00 41.10 6187076-2 3/01-4/01 0.00 50.53 0.00 175.66 BOTTLED DRINKING WTR 0.00 113.90 FY 2003-2004 OPEN PURC 0.00 48.00 FY 2003-2004 OPEN PURC 0.00 36.16 0.00 84 .16 DEPOSIT 6/16 0.00 225.00 PUBLIC WORKS CONTRACT 0.00 26000.00 FY 2003 -2004 OPEN PURC 0.00 715.59 MERSHP RNWL B. RIZZO 0.00 125.00 1/22-2/19 0.00 250.86 1/22-2/19 0.00 16.02 1/22-2/19 0.00 42.59 1/22-2/19 0.00 1090.79 0.00 1400.26 SSGARNSMNT 0.00 103.84 CSGARNSMNT 0.00 306.50 0.00 410.34 P.CASH 12/18-3/09 0.00 52.36 P.CASH 12/18-3/09 0.00 19.99 P.CASH 12/18-3/09 0.00 182.89 P.CASH 12/18-3/09 0.00 24.00 0.00 279.24 P.CASH 2/26-3/09 0.00 5.50 P.CASH 2/26-3/09 0.00 55.20 P.CASH 2/26-3/09 0.00 64.94 0.00 125.64 P.CASH 3/03-3/09 0.00 27.80 - FINANCIAL ACCOUNTING 4-).. 03/n/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "03/08/2004" and "03/D/2004" CASH ACCT CHECK NO FUND - nO - GENERAL FUND 1020 1020 1020 606877 606877 606877 1020 606877 1020 606877 1020 606877 1020 606877 1020 606877 1020 606877 TOTAL CHECK 1020 606878 1020 606879 1020 606879 TOTAL CHECK 1020 606880 1020 606881 1020 606882 1020 606883 1020 606883 TOTAL CHECK 1020 606884 1020 606885 1020 606886 1020 606887 1020 606888 1020 606889 1020 606890 1020 606891 1020 606892 1020 606893 1020 606893 TOTAL CHECK 1020 1020 606894 606894 ISSUE DT --- - ----------VENDOR-- ------- -- -- FUND/DEPT 03/D/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 149 03/12/04 3089 03/12/04 1057 03/12/04 1057 03/12/04 1820 03/12/04 n56 03/12/04 173 03/12/04 178 03/12/04 178 03/12/04 1407 03/12/04 194 03/12/04 1034 03/12/04 2321 03/12/04 M 03/12/04 676 03/12/04 214 03/12/04 1242 03/12/04 "6 03/12/04 242 03/12/04 242 03/12/04 243 03/12/04 243 CASH CASH CASH CASH CASH CASH CASH CASH CASH CElrRONICS, INC. 1104300 1107301 nO2401 n04000 n04100 n04400 nO7200 1108601 6104800 5706450 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CRA CERIDIAN BENEFITS SERVIC 110 110 COCA-COLA BOTTLING OF CA 5706450 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 CUMMING HENDERSON TIRE CUPERTINO SUPPLY INC 6308840 DAILY JOURNAL CORPORATIO nO1500 5606660 DEL ROSARIO, ROD DAVCO WATERPROFFING SERV nO8501 580 DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTA nO8602 n04510 DU-ALL SAFETY DIGITAL PRINT IMPRESSION nO8201 nO8201 EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT RUN DATE 03/11/04 TIME 12,05,36 no nO no 110 -----DESCRIPTION------ P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 P.CASH 3/03-3/09 LABOR SOUND SYSTEM 'FLEX DEP/240125 'PLEX HLrR/240125 FEB04 MED/DEP CARE CRA FY 2003-2004 OPEN PURC 'COLONIAL/E70138" COLONIAL/E7013899 FY 2003-2004 OPEN PURC SUPPLIES S.JOSE/POST RECORD ROOF REPAIRS Refund, Check - Return FINGERPRINTS FEB2004 FY 2003-2004 OPEN PURC B. C/WOLFE. BARRAGAN CONSULTING FEB2004 SIT/932-0114-5 SIr SDI SDI/776-5260-0 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 0.00 0.00 o. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING L{- 3 PAGE 2 AMOUNT 12. 00 20.00 22.21 39.00 12.00 23 .35 20.00 34.00 12. 00 222.36 170. 00 151.92 718.95 870.87 63. 00 140.85 308.49 283.08 418.90 701. 98 171.81 409.73 132. 07 145.00 750.00 320. 00 71.91 106.43 BOO .00 17842.61 -3.56 17839.05 -5.59 1208 .33 03/11/04 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/OB/20O4" and "03/12/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 1202.74 1020 606895 03/12/04 1949 EVENT SERVICES 110B503 2/01-2/28 RENTAL 0.00 162.38 1020 606896 03/12/04 M2004 FINE ARTS MUSEUM 5506549 ART DECO 3/18 FEES 0.00 91. 00 1020 606897 03/12/04 2619 GENEVIEVE FIRE 230BO04 SERVICE AGREEMENT FOR 0.00 4465.00 1020 606898 03/12/04 2843 FOLGER GRAPHIC INC 1103400 MAR2004 SCENE 0.00 2717.65 1020 606899 03/12/04 268 FOSTER BRaS SECURITY SYS 110B502 KEY/LOCK SUPPLIES 0.00 67.71 1020 606899 03/12/04 268 FOSTER BRaS SECURITY SYS 1108312 KEY/LOCK SUPPLIES 0.00 271.04 TOrAL CHECK 0.00 338.75 1020 606900 03/12/04 281 GARDENLAND 1108312 PARTS/SUPPLIES 24391 0.00 56.71 1020 606901 03/12/04 3104 GOLF SCORECARDS INC 5606640 BBF GOLF COURSE SCOREC 0.00 2475.00 1020 606902 03/12/04 298 GRAINGER INC 1108830 FY 2003-2004 OPEN PURC 0.00 290.60 1020 606902 03/12/04 298 GRAINGER INC 110B407 PARrS/SUPPLIES 0.00 35.63 1020 606902 03/12/04 298 GRAINGER INC 1108314 PARTS/SUPPLIES 24584 0.00 27.97 1020 606902 03/12/04 298 GRAINGER INC 110B303 PARTS/SUPPLIES A25399 0.00 333 .56 1020 606902 03/12/04 298 GRAINGER INC 1108303 PARTS/SUPPLIES A25399 0.00 182.3B 1020 606902 03/12/04 298 GRAINGER INC 1108830 FY 2003-2004 OPEN PURC 0.00 84.1B 1020 606902 03/12/04 298 GRAINGER INC 1108830 FY 2003-2004 OPEN PURC 0.00 -37.36 TOTAL CHECK 0.00 916.96 1020 606903 03/12/04 1766 GRANITE ROCK COMPANY 270B404 GRANITE PATCH A25394 0.00 527.72 1020 606904 03/12/04 M GRAY. NAHID 5BO Refund, Check - WINTER 0.00 25 .00 1020 606905 03/12/04 334 HOME DEPOT CREDIf SERVIC 5606620 SUPPLIES 15994 0.00 274.93 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 110B409 PARrS/SUPPLIES A25372 O. 00 364.24 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 110B409 PARTS/SUPPLIES A25381 O. 00 483 .57 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 1108303 PARTS/SUPPLIES 13077 0.00 46.44 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 110B407 PARTS/SUPPLIES 24184 0.00 30.18 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 110B409 PARTS/SUPPLIES A25390 0.00 349.63 1020 606905 03/12/04 334 HOME DEPOT CREDlr SERVIC 1108314 PARrS/SUPPLIES A25393 O. 00 137.56 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 110B409 PARTS/SUPPLIES 24183 0.00 35.06 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 1104400 PARTS/SUPPLIES A25398 0.00 135.75 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 1108303 PARTS/SUPPLIES A25397 0.00 408.12 1020 606905 03/12/04 334 HOME DEPOT CREDIT SERVIC 1108312 PARTS/SUPPLIES 24250 0.00 15.92 TOTAL CHECK 0.00 2281.40 1020 606906 03/12/04 M HOWE, CHRISTOPHER 5BO Refund, Check - SPRING 0.00 273.00 1020 606907 03/12/04 343 ICMA RErIREMENT TRUST-45 110 "ICMA 0.00 5787.13 1020 60690B 03/12/04 995 INSERV COMPANY 110B501 WATER TRTMENT MAR04 0.00 211.63 1020 606908 03/12/04 995 INSERV COMPANY 1108504 WArER rRfMENT MAR04 0.00 211.63 TOTAL CHECK 0.00 423.26 RUN DATE 03/11/04 TIME 12,05,37 FINANCIAL ACCOUNTING L(-L( 03/11/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUNO PAGE 4 SELECTION CRITERIA, transact-trans_date between "'03/0a/2004"' and "'03/12/2004"' FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISS'Æ DT uuu_uuu-VENDOR-u--huu_- FUND/DEPT - u uDESCRIPTION- u - -- SALES TAX AMOUNT 1020 606909 03/12/04 30a5 J.J .R. CONSTRUCTION INC 2708403 PUBLIC WORKS CONrRACT 0.00 84579.87 1020 606910 03/12/04 2818 JABCO 1108503 SUPPLIES 0.00 319.37 1020 606911 03/12/04 369 KELLY-MOORE PAINT CO INC 2708405 PAINT SUPPLIES 27117 0.00 17.10 1020 606912 03/12/04 1630 KIDZ LOVE SOCCER INC 5806449 SERVICE AGREEMENT FOR 0.00 8644.00 1020 606913 03/12/04 372 KINKO'S INC 2308004 POSTER LAMINATE 11640 0.00 12.99 1020 606914 03/12/04 2367 KlrSON, RICK 4239222 BINDERS/CAMPAIGN PKTS 0.00 94.39 1020 606915 03/12/04 2999 LESCO 1108315 FY 2003-2004 OPEN PURC 0.00 614.86 1020 606916 03/12/04 2357 LIGHTHOUSE 6308840 STROBE TUBES A25377 0.00 91.58 1020 606917 03/12/04 1709 CARMEN LYNAUGH 4239222 LIBRARY FENCE/SUPPLY 0.00 402.45 1020 606918 03/12/04 2356 LYNX TECHNOLOGIES 6109853 03/04 GIS OTR UPDATE 0.00 1375.00 1020 606919 03/12/04 444 MINTON'S LUMBER 4239222 PURCHASE 11 SHEETS OF 0.00 557.01 1020 606920 03/12/04 2567 MISDU 110 J TRYBUS 385960533 0.00 223.00 1020 606921 03/12/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 93 .67 1020 606921 03/12/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 93.67 1020 606921 03/12/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 90.10 1020 606921 03/12/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 93.67 TOrAL CHECK 0.00 371.11 1020 606922 03/12/04 465 MOUNTAIN VIEW GARDEN CEN 1108302 SUPPLIES 0.00 202.05 1020 606923 03/12/04 1167 N.C. METAL PAINTING INC 1108201 EMPLOYEE SHIRTS 0.00 34.64 1020 606924 03/12/04 2604 NAT'L NEIGHBORHOOD WATCH 1102100 N. WATCH SIGNS A25209 0.00 992.73 1020 606925 03/12/04 474 NArIONAL BUSINESS FURNIT 1106265 TABLE/DESK A25618 0.00 150.58 1020 606926 03/12/04 302 NATIONAL DEFERRED COMPEN 110 'NAT'L DEF 0.00 17617.67 1020 606927 03/12/04 493 OFFICE DEPOT 1101000 OFFICE SUPPLIES 0.00 108.47 1020 606927 03/12/04 493 OFFICE DEPOT 1101000 OFFICE SUPPLIES 0.00 149.32 1020 606927 03/12/04 493 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 31. 32 1020 606927 03/12/04 493 OFFICE DEPOr 1107405 OFFICE SUPPLIES 0.00 35.31 1020 606927 03/12/04 493 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 54.18 1020 606927 03/12/04 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 334.01 1020 606927 03/12/04 493 OFFICE DEPOT 1104400 OFFICE SUPPLIES 0.00 172.70 1020 606927 03/12/04 493 OFFICE DEPOT 1107405 REF, 237959832-001 0.00 -28.97 1020 606927 03/12/04 493 OFFICE OEPOT 1104510 COFFEE SUPPLIES 0.00 43.37 1020 606927 03/12/04 493 OFFICE DEPOT 1107405 OFFICE SUPPLIES 0.00 33 .81 RUN DATE 03/11/04 TIME 12,05,37 FINANCIAL ACCOUNTING 4~S- 03/11/04 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/0a/2004" and "03/12/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDQR------------- FUND/DEPf - - - --DESCRIPTION--- -- - SALES TAX AMOUNT TOTAL CHECK 0.00 933.52 1020 606928 03/12/04 494 OFFICE DEPOT. INC. 1101500 OFFICE SUPPLIES 0.00 109.86 1020 606929 03/12/04 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 715.81 1020 606930 03/12/04 503 ORCHARD SUPPLY 5606620 FY 2003-2004 OPEN PURC 0.00 46.29 1020 606930 03/12/04 503 ORCHARD SUPPLY 5606620 FY 2003-2004 OPEN PURC 0.00 66 .42 1020 606930 03/12/04 503 ORCHARD SUPPLY 5606620 FY 2003-2004 OPEN PURC 0.00 -3.71 rOTAL CHECK 0.00 109.00 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108503 2/26 STMT DISCOUNT 0.00 -14.02 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108830 PARTS/SUPPLIES 0.00 46.35 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108830 PARTS/SUPPLIES 0.00 19.49 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108507 PARTS/SUPPLIES 0.00 19.78 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108503 PARTS/SUPPLIES 0.00 51. 93 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108503 PARTS/SUPPLIES 0.00 61. 32 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 1108507 PARTS/SUPPLIES RETURN 0.00 -15.13 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 5708510 PARTS/SUPPLIES 0.00 27.05 1020 606931 03/12/04 1220 ORCHARD SUPPLY HARDWARE 5708510 PARTS/SUPPLIES 0.00 38.41 TOTAL CHECK 0.00 235.18 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108408 PARTS/SUPPLIES 20343 0.00 44 .60 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES 20213 0.00 46.83 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108408 PARTS/SUPPLIES 24092 0.00 47.26 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 2708404 PARTS/SUPPLIES A25375 0.00 105.09 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108407 PARTS/SUPPLIES 20342 0.00 26.08 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108321 PARTS/SUPPLIES 24265 0.00 14.72 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108201 PARTS/SUPPLIES A25389 0.00 198.93 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108201 PARTS/SUPPLIES A25391 0.00 157.85 1020 606932 03/12/04 981 ORCHARD SUPPLY HARDWARE 1108321 PARTS/SUPPLIES 24264 0.00 25.27 TOTAL CHECK 0.00 666.63 1020 606933 03/12/04 833 PER S 110 PERS EMPLOYER 0.00 58.64 1020 606933 03/12/04 833 PER S 110 PERS EMPLOYEE 0.00 216.60 1020 606933 03/12/04 833 PER S 110 PERS 1959 0.00 2.00 TOTAL CHECK 0.00 277 .24 1020 606934 03/12/04 833 PER S 110 PERS EMPLOYER 0.00 7067.18 1020 606934 03/12/04 833 PER S 110 PERS EMPLOYEE 0.00 25957.13 1020 606934 03/12/04 833 PER S 110 PERS BUYBACK 0.00 462.65 1020 606934 03/12/04 833 PER S 110 PERS 1959 0.00 116.25 1020 606934 03/12/04 833 PER S 110 PERS SPECIAL 0.00 148 .52 1020 606934 03/12/04 833 PER S 110 PERS BUYBACK 0.00 123.70 TOTAL CHECK 0.00 33875.43 1020 606935 03/12/04 2444 PACIFIC GAS & ELECTRIC 1108830 12/20-2/20 0.00 20897.52 1020 606935 03/12/04 2444 PACIFIC GAS & ELECTRIC 1108101 12/20-2/20 RICOCHET 0.00 1056.40 TOTAL CHECK 0.00 21953.92 1020 606936 03/12/04 513 PACIFIC GAS & ELECTRIC I 5606620 1/27-2/27 0.00 76.13 RUN DATE 03/11/04 TIME 12,05,37 - FINANCIAL ACCOUNTING 4-~ 03/n/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 6 SELECTION CRITERIA, transact.trans_date between "03/08/2004" and "03/>2/2004" FUNO - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT n_nn -_h- nVENDORn- n- n n --- FUND(DEPT n n -DESCRIPTIONn - SALES TAX AMOUNT 1020 606936 03(12(04 513 PACIFIC GAS & ELECTRIC I 5606620 1/27-2/27 0.00 n8.31 1020 606936 03(12(04 513 PACIFIC GAS & ELECTRIC I nO8506 1/27-2/27 0.00 4.69 1020 606936 03(12(04 513 PACIFIC GAS & ELECTRIC I n08407 1/30-3/02 0.00 7.90 1020 606936 03/12(04 513 PACIFIC GAS & ELECTRIC I nO8602 1/30-3/02 0.00 43. 04 TOTAL CHECK 0.00 250. 07 1020 606937 03/12/04 526 PENINSULA DIGITAL rMAGIN 4259313 CC PARK IMPROV PLANS 0.00 16.40 1020 606938 03/12/04 690 PENINSULA FORD 6308840 FY 2003-2004 OPEN PURC 0.00 73.35 1020 606939 03(12/04 533 PERS LONG TERM CARE PROG no PERS LrC(2405 0.00 117.80 1020 606940 03(12(04 944 REHABILITATION RESOURCES 1108101 WORKSITE EVALUATION 0.00 398.58 1020 606941 03/12/04 602 ROYAL COACH TOURS 5506549 BUS/MILITARY MUSEUM 0.00 451. 48 1020 606941 03(12/04 602 ROYAL COACH TOURS 5506549 S. FRANCISCO/NOB HILL 0.00 655.40 1020 606941 03/12/04 602 ROYAL COACH TOURS 5506549 S. FRANCISCO AIRPORT 0.00 391. 05 1020 606941 03/12/04 602 ROYAL COACH TOURS 5506549 AIRPORT TO SENIOR CTR 0.00 391. 05 TOTAL CHECK 0.00 1888.98 1020 606942 03/12/04 3134 SAN FRANCISCO GIANTS 5506549 DEPOSIT GAME 5(12 0.00 n65.00 1020 606943 03(12/04 959 THE MERCURY NEWS nO6265 3/21-6/19/04 0.00 49.26 1020 606944 03/12/04 258 SANTA CLARA COUNTY no v ORTEGA 563312780 0.00 588 .00 1020 606945 03/12/04 M2O04 SANTA CLARA COUNTY nO1200 TERRORISM TRN/KNAPP 0.00 25.00 1020 606945 03/12/04 M20O4 SANTA CLARA COUNTY n03500 TERRORISM TRN(KITSON 0.00 25.00 1020 606945 03/12/04 M2004 SANTA CLARA COUNTY n04300 TERRORISM TRN/K.SMITH 0.00 25.00 1020 606945 03(12(04 M2004 SANTA CLARA COUNTY n07501 rERRORISM TRN/CASrEEL 0.00 25.00 TOTAL CHECK 0.00 100.00 1020 606946 03/12/04 638 SARATOGA TREE SERVICE 5708510 TREE REMOVAL 0.00 785.00 1020 606947 03(12/04 2692 SBC 5606640 1(29-2/28 0.00 167.77 1020 606947 03(12(04 2692 SBC nO8201 1/29-2/28 0.00 253.03 1020 606947 03(12(04 2692 SBC n08501 1(29-2/28 0.00 117.27 1020 606947 03/12/04 2692 SBC 1108509 1(29-2(28 0.00 55.33 1020 606947 03/12/04 2692 SBC 5606620 1/29-2/28 0.00 162.44 1020 606947 03/12/04 2692 SBC n08508 1/29-2/28 0.00 61.20 1020 606947 03(12(04 2692 SBC 1108507 1/29-2/28 0.00 55.36 1020 606947 03(12/04 2692 SBC nO8503 1/29-2/28 0.00 55.36 TOTAL CHECK 0.00 927.76 1020 606948 03/12/04 5n SBC(MCI nO8504 #2719770 2/01-3/06 0.00 89.30 1020 606948 03(12/04 511 SBC/MCI nO8501 #0213488 2(01-2/29 0.00 589.29 1020 606948 03/12/04 5n SBC/MCI 1108501 #2719421 2/01-3(06 0.00 244.87 1020 606948 03(12(04 511 SBC/MCI 1101500 #2719421 2(01-3(06 0.00 244.87 1020 606948 03/12(04 5n SBC(MCI 1101500 #2719770 2/01-3(06 0.00 89.29 1020 606948 03/12/04 5n SBC/MCr 6104800 #0215331 2/01-2(29 0.00 589.29 1020 606948 03/12/04 5n SBC/Mcr nO8503 #2719421 2/01-3(06 0.00 244.87 RUN DATE 03/11/04 TIME 12,05,37 - FINANCIAL ACCOUNTING L( - Î 03/11/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO FUND SELECTION CRITERIA, transact. trans_date between "03/08/2004" and "03/"/2004" CHECK REGISTER - DISBURSEMENT FUND 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 606948 606948 606948 606948 1020 1020 606948 1020 606948 1020 606948 1020 606948 1020 606948 TOTAL CHECK 1020 606949 1020 606950 1020 606951 1020 606952 1020 606952 TOTAL CHECK 1020 606953 1020 606954 1020 606954 TOTAL CHECK 1020 606955 1020 606955 1020 606955 TOTAL CHECK 1020 606956 1020 606957 1020 606957 TOTAL CHECK ISSUE DT uuuu--uuVENDORuuu_uuu FUND/DEPT 03/12/04 511 03/12/04 511 03/12/04 511 03/12/04 511 03/12/04 511 03/12/04 511 03/"/04 511 03/12/04 511 03/12/04 511 03/12/04 3133 03/12/04 671 03/12/04 677 03/12/04 1406 03/"/04 1406 03/12/04 695 03/12/04 701 03/12/04 701 03/12/04 648 03/12/04 648 03/"/04 648 03/12/04 1993 03/12/04 2638 03/12/04 2638 SBC/MCI 1108501 SBC/MCI 5708510 SBC/MCI 5606620 SBC/MCI 1108505 SBC/MCI 1108501 SBC/MCI 1108505 SBC/MCI 1108504 SBC/MCI 1108503 SBC/MCI 5708510 SIERRA RAILROAD 5506549 STANDARD BUSINESS MACHIN 4239222 STATE STREET BANK & TRUS 110 SUNNYVALE CHEVROLET SUNNYVALE CHEVROLET 6308840 6308840 SYSCO FOOD SERVICES OF S 5506549 TARGET STORES TARGET STORES 1106265 1106265 rMT ENTERPRISES, INC. TMT ENTERPRISES, INC. TMT ENTERPRISES. INC. 1108312 1108315 1108314 TREASURER OF ALAMEDA COU 110 UNISOURCE MAINTENANCE SU 1108504 UNISOURCE MAINTENANCE SU 1108504 1020 606958 03/12/04 1154 UNITED WAY OF SANTA CLAR 110 1020 606959 03/12/04 738 VALLEY OIL COMPANY 6308840 1020 606960 03/12/04 310 VERIZON WIRELESS 1108501 1020 606961 03/12/04 310 VERIZON WIRELESS 1108501 1020 606962 03/12/04 310 VERIZON WIRELESS 1104530 1020 606963 03/12/04 3035 DORIS VOLZ 5506549 1020 606964 03/12/04 2856 WESCO GRAPHICS 5606600 RUN DATE 03/11/04 TIME 12, 05,37 ---hDESCRIPTION---_n 02719771 2/01-3/06 #2719421 2/01-3/06 #2719770 2/01-3/06 #2719770 2/01-3/06 #2719770 2/01-3/06 #2719421 2/01-3/06 #2719421 2/01-3/06 #2719770 2/01-3/06 #2719770 2/01-3/06 WlLOFLWR TOUR 4/01/04 CANNON IR2010F COPIER 'PERS DEF FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC BINGO DESSERTS CLIP BOARDS 22973 ROPE 22958 BASEBALL INFIELD MIX BASEBALL INFIELD MIX BASEBALL INFIELD MIX A LOPEZ JR 566398126 SUPPLIES REF,63131565935 UNITED WAY FY 2003-2004 OPEN PURC #308957246 FEB20O4 #309369653 FEB2O04 #608881609 FEB20O4 SERVICE AGREEMENT FOR PRINT COLLATE BUNDLE I SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 89.30 244.87 89.30 89.30 89.30 244.87 489.68 89 .30 89.30 3607 .00 1000 .00 351.81 4007.56 22.78 29 .38 52.16 481.05 28.32 8.62 36.94 358.41 358.42 358.42 1075.25 253.84 429.41 -214.71 214.70 99.00 104.71 27 .45 13 .25 80 .67 98. 00 424.28 L{-¡ 03/11/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/oa/2004" and "03/12/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT u__uuuuuVENDOR--_uuuuu FUND/DEPT 1020 606964 03/12/04 2856 WESCO GRAPHICS 1106500 606964 03/12/04 2856 WESCO GRAPHICS 5806249 1020 606964 03/12/04 2856 WESCO GRAPHICS 5806449 1020 606964 03/12/04 2856 WESCO GRAPHICS 5806349 TOTAL CHECK 1020 606965 03/12/04 775 WESTERN PACIFIC SIGNAL L 1108602 1020 606966 03/12/04 2395 WESTERN TRUCK FAB 2708405 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORr RUN DArE 03/11/04 TIME 12,05,37 u---DESCRIPTIONuuu PRINT COLLArE BUNOLE I PRINT COLLATE BUNDLE I PRINT COLLATE BUNDLE I PRINT COLLArE BUNDLE I 980 CONTROLLER REPAIR BOOM PINS A25388 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 8 AMOUNT 635.69 2119.19 2119.19 2119.19 7417.54 405.94 267.21 276628.79 276628.79 276628.79 l{-1 DRAFT RESOLUTION NO. 04-285 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 19, 2004 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: C~d~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of April , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino L{ -( D 03/18/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND - 110 SELECTION CRITERIA, transact-trans_date between "03/15/2004" and "03/19/2004" CASH ACCT CHECK NO 1020 1020 1020 606967 606967 606967 1020 606967 1020 606967 rOTAL CHECK 1020 606968 1020 606969 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 1020 606970 TOTAL CHECK 1020 606971 1020 606972 1020 606973 1020 606974 1020 606975 1020 606975 TOTAL CHECK 1020 606976 1020 606976 1020 606976 TOTAL CHECK 1020 606977 1020 606978 1020 606979 1020 606979 TOTAL CHECK 1020 606980 1020 606981 GENERAL FUND ISSUE DT --------------VENDOR------------- FUND/DEPT 03/19/044 A T & T 1108501 03/19/04 4 AT & T 1108501 03/19/044 A T & T 1108501 03/19/04 4 AT & T 1108501 03/19/04 4 AT & T 1108501 03/19/04 2328 03/19/047 03/19/04 9 03/19/04 9 03/19/04 9 03/19/04 9 03/19/04 9 03/19/04 9 03/19/049 03/19/04 9 03/19/04 9 03/19/04 9 03/19/04 28 03/19/04 1884 03/19/04 2276 03/19/04 2319 03/19/04 48 03/19/04 48 03/19/04 50 03/19/04 50 03/19/04 50 03/19/04 2937 03/19/04 1032 03/19/04 968 03/19/04 968 03/19/04 3087 03/19/04 720 A/C SERVICE & DESIGN CO. 5708510 ABAG PLAN CORPORATION 1104540 ABAG POWER PURCHASING PO 1108505 ABAG POWER PURCHASING PO 1108506 ABAG POWER PURCHASING PO 5606620 ABAG POWER PURCHASING PO 1108501 ABAG POWER PURCHASING PO 1108508 ABAG POWER PURCHASING PO 1108507 ABAG POWER PURCHASING PO 1108509 ABAG POWER PURCHASING PO 5708510 ABAG POWER PURCHASING PO 1108504 ABAG POWER PURCHASING PO 1108503 AIRGAS NCN 1108314 ALBERTSONS-NORTHERN OIVI 5806349 ALHAMBRA 1106265 ALL CITY MANAGEMENT SERV 1108201 ANACOMP INC ANACOMP INC 1108101 1108101 ANDERSON CHEVROLET/GEO ANDERSON CHEVROLET/GEO ANDERSON CHEVROLET/GEO 6308840 6308840 6308840 APA, AMER. PAYROLL ASSOC 1104100 AW DIRECT INC 6308840 BAP AUTO PARTS BAP AUTO PARTS 6308840 6308840 TONY BARNEY 5806249 BATTERY SYSrEMS 6308840 RUN DATE 03/18/04 TIME 10,20,44 - ----DESCRIPTION- -- - -- MAR2004 STATEMENT MAR2004 STATEMENT MAR2004 STATEMENT MAR2004 STATEMENr MAR2004 STATEMENT TIME/MATERIALS LEGAL COSTS/FIRE INS MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP MAR 2004 & TRUE-UP FY 2003-2004 OPEN PURC SUPPLIES 22974 FY 2003-2004 OPEN PURC MAR2004 CROSSING GRD PARTS 17377 REPAIRS 17374 HOSE ADAPTER 20220 PARTS 20217 PARTS A25408 MBRSHIP RENEWAL PARTS 20216 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC SERVICE AGREEMENT FOR FY 2003-2004 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FINANCIAL ACCOUNTING 0&/ PAGE 1 AMOUNT 44.83 22.64 22.64 22.64 22.64 135.39 2778 .00 271. 20 251.08 130.93 787.65 1342.39 59 .27 392.55 63.35 663.15 2179.21 772.42 6642.00 58 .10 32.64 71.90 7487 AD 226.74 150.00 376.74 8.30 8.30 90.99 107.59 165.00 26.64 27.03 52.56 79.59 375.00 194.69 y-II 03/18/04 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/15/Z0O4" and "03/19/Z004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION- - - - - - SALES TAX AMOUNT 1020 606981 03/19/04 720 BATTERY SYSTEMS 6308840 FY 2003-2004 OPEN PURC 0.00 -43.25 1020 606981 03/19/04 720 BATTERY SYSTEMS 6308840 FY 2003-2004 OPEN PURC 0.00 27 .01 rOTAL CHECK 0.00 178 .45 1020 606982 03/19/04 3063 DINA BISTRY 5806449 SERVICE AGREEMENT FOR 0.00 167.50 1020 606983 03/19/04 105 ELY M BRANDES 5506549 SERVICE AGREEMENT FOR 0.00 535.00 1020 606984 03/19/04 127 THE CALIFORNIA CHANNEL 1103500 PROGRAMMING MAR2004 0.00 253.34 1020 606985 03/19/04 M2004 CALTAC 1101040 CALTAC GROUP MBRSHP 0.00 65.00 1020 606986 03/19/04 1476 CANNON DESIGN GROUP 110 REFD ARCHITECr RVW 0.00 1065.18 1020 606986 03/19/04 1476 CANNON DESIGN GROUP 1107302 REFD ARCHITECr RVW 0.00 134.82 TOTAL CHECK 0.00 1200.00 1020 606987 03/19/04 146 CASH 5806449 P.CASH Z/Z7-3/08 11.90 1020 606987 03/19/04 146 CASH 5806349 P.CASH 2/27-3/08 0.00 107.40 1020 606987 03/19/04 146 CASH 1106248 P.CASH 2/27-3/08 0.00 27.48 1020 606987 03/19/04 146 CASH 1106343 P.CASH 2/27-3/08 0.00 16.99 1020 606987 03/19/04 146 CASH 1106248 P.CASH 2/27-3/08 0.00 11.90 TOTAL CHECK 0.00 175.67 1020 606988 03/19/04 2646 CDW-G 6104800 WINDOWS XP 15543 0.00 296 .61 1020 606989 03/19/04 3074 CENTURY SCHOOL 1104510 LANGUAGE TST/MARTINEZ 0.00 60.00 1020 606989 03/19/04 3074 CENTURY SCHOOL 1104510 LANG. TEST/RODRIQUEZ 0.00 60.00 TOTAL CHECK 0.00 120.00 1020 606990 03/19/04 2626 CHANG. CHEN-YA 1103300 CLIPPING SERV FEB2004 0.00 200.00 1020 606991 03/19/04 M2004 COWBOY MUSEUM 5506549 4/01 TRIP MUSEUM FEE 0.00 45.00 1020 606992 03/19/04 2866 DIANA R. ELROD 2607401 SERVICE AGREEMENT FOR 0.00 3965.00 1020 606993 03/19/04 201 DAPPER TIRE CO 6308840 FY 2003-2004 OPEN PURC 0.00 258.15 1020 606993 03/19/04 201 DAPPER TIRE CO 6308840 FY 2003 -2004 OPEN PURC 0.00 680.40 TOTAL CHECK 0.00 938.55 1020 606994 03/19/04 2321 DAVCO WATERPROFFING SERV 5708510 REPAIR ROOF LEAKS 0.00 900.28 1020 606995 03/19/04 210 DEEP CLIFF ASSOCIArES L 5806449 SERVICE AGREEMENT FOR 0.00 1344.00 1020 606996 03/19/04 2795 DEVCON ASSOCIATES XVI 4239222 RENT APR04 TEMP LBRY 0.00 16180.00 1020 606997 03/19/04 228 DUBAY'S TIRE SERVICE INC 6308840 REPAIRS A25414 0.00 490.97 1020 606997 03/19/04 228 DUBAY'S TIRE SERVICE INC 6308840 REPAIRS 0.00 720.55 TOTAL CHECK 0.00 1211.52 1020 606998 03/19/04 239 ELECTRICAL DISTRIBUTORS 4209119 SUPPLIES 0.00 1398.56 1020 606998 03/19/04 239 ELECTRICAL DISTRIBUTORS 4209119 REF S1530610001 0.00 -IDOL 97 RUN DATE 03/18/04 TIME 10,20,44 - FINANCIAL ACCOUNTING L{ -{ 'l.- 03/18/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "'03/15/2004"' and "'03/19/2004"' CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 606998 TOTAL CHECK 1020 1020 1020 1020 1020 1020 606999 606999 606999 606999 606999 606999 1020 606999 TOTAL CHECK 1020 607000 1020 607000 1020 607000 1020 607000 TOTAL CHECK 1020 607001 1020 607002 1020 607002 TOTAL CHECK 1020 607003 1020 607004 1020 607005 1020 607006 1020 607006 TOTAL CHECK 1020 607007 1020 607007 TOTAL CHECK 03/19/04 239 ISSUE DT --------------VENDOR------------- FUND/DEPT ELECTRICAL DISTRIBUTORS 4209119 03/19/04 260 03/19/04 260 03/19/04 260 03/19/04 260 03/19/04 260 03/19/04 260 03/19/04 260 03/19/04 2361 03/19/04 2361 03/19/04 2361 03/19/04 2361 03/19/04 266 03/19/04 268 03/19/04 268 FEDERAL EXPRESS CORP 110 FEDERAL EXPRESS CORP 110 PEOERAL EXPRESS CORP 1107501 FEDERAL EXPRESS CORP 110 FEDERAL EXPRESS CORP 1103300 FEDERAL EXPRESS CORP 1104510 FEDERAL EXPRESS CORP 1108601 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 1104000 HO4800 5606640 6104800 RYAN FORBES 5806449 FOSTER BRaS SECURITY SYS 1108503 FOSTER BRaS SECURITY SYS 1108508 03/19/04 M FUNG. DAVID 580 03/19/04 281 GARDENLAND 6308840 03/19/04 1741 GOVCONNECTION, INC. 6104800 03/19/04 298 GRAINGER INC 1108511 03/19/04 298 GRAINGER INC 1108507 03/19/04 2630 03/19/04 2630 1020 607008 03/19/04 M 1020 607009 03/19/04 M2oo4 1020 607010 03/19/04 189a 1020 607011 03/19/04 M 1020 607012 03/19/04 2528 1020 607012 03/19/04 2528 1020 607012 03/19/04 2528 1020 607012 03/19/04 2528 1020 607012 03/19/04 2528 RUN DATE 03/18/04 TIME 10 ,20 ,45 GREGORY B. BRAGG & ASSOC 6204550 GREGORY B. BRAGG & ASSOC 6204550 GRINSHPAN. NaNA 580 HERSHEY'S VISITOR CENTER 5506549 AUTOMATIC RAIN CO. 1108407 IGARASHI, KUMIKO 580 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD 1108312 1108302 1108315 1108303 1108314 PAGE 3 u---DESCRIPTION-- - -n SALES TAX AMOUNT SUPPLIES 0.00 313. B2 0.00 710.41 COURIER SERV R24596 0.00 14.63 COURIER SERV R24645 0.00 14.63 COURIER SERVICE 0.00 21. 59 COURIER SERV R24629 0.00 16.52 COURIER SERVICE 0.00 30.75 COURIER SERVICE 0.00 17.91 COURIER SERVICE 0.00 19.35 0.00 135.38 STATEMENT FEB2oo4 0.00 83.35 STATEMENT FEB2004 0.00 295.52 STATEMENT FEB2004 0.00 45.95 STATEMENT FEB2004 0.00 28.67 0.00 453.49 SERVICE AGREEMENT FOR 0.00 2462.80 KEY/LOCK SUPPLIES 0.00 250.00 KEY/LOCK SUPPLIES 0.00 94.67 0.00 344.67 Refund, Check RETURN 0.00 100.00 FY 2003-2004 OPEN PURC 0.00 134.04 PRINT CARTRIDGE VIEWSO 0.00 737.18 PARTS/SUPPLIES 0.00 60.00 PARTS/SUPPLIES 0.00 22.29 0.00 82.29 BILL REVW FEB04 0.00 6Oa.64 CLAIMS ADIM MARO4 0.00 1653.75 0.00 2262.39 Refund, Check Return 0.00 750.00 4/01 COFFEE/DONUTS 0.00 56.25 FY 2003-2004 OPEN PURC 0.00 248 .65 Refund, Check SPRING 0.00 54.00 FY 2003 -2004 OPEN PURC 0.00 44 .38 FY 2003-2004 OPEN PURC 0.00 44 .38 FY 2003-2004 OPEN PURC 0.00 44.39 FY 2003-2004 OPEN PURC 0.00 44 .38 FY 2003-2004 OPEN PURC 0.00 44 .38 - FINANCIAL ACCOUNTING y-(] 03/18/04 Clry OF CUPERTINO PAGE 4 ACCOUNTING PERIOD, '/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/15/2004" and "03/1'/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENOOR------------- FUND/DEPT -----DESCRIPTION- - - -- - SALES TAX AMOUNT TOTAL CHECK 0.00 221. 91 1020 G07013 03/1'/04 87' KEYSER MARSTON ASSOCIATE 1107405 PLANNING CONrRACT THRU 0.00 . 7714.55 1020 G07014 03/1'/04 372 KINKO'S INC 2308004 LAMINATE/POSTER 11641 0.00 10.83 1020 G070lS 03/1'/04 3092 KATHY KLEIN 5806449 SERVICE AGREEMENT FOR 0.00 220 .00 1020 G070lG 03/1'/04 3067 KMVT 15 1101031 JAN04 PUBLIC ACCESS 0.00 313'.IG 1020 G07017 03/1'/04 2300 BARBARA LAUX S50G549 SERVICE AGREEMENT FOR A. 00 800.00 1020 G07018 03/1'/04 3075 LIFE FITNESS 5706450 FITNESS EQUIPMENTS 0.00 "'.GO 1020 G07018 03/1'/04 3075 LIFE FlrNESS 5706450 FITNESS EQUIPMENTS 0.00 240. 00 1020 G07018 03/1'/04 3075 LIFE FITNESS 5706450 FITNESS EQUIPMENTS 0.00 4904.85 TOTAL CHECK A. 00 5264.45 1020 G070l' 03/1'/04 1378 RICARDO MARrINEZ 5706450 SUPPLIES 0.00 486 .34 1020 G07020 03/1'/04 2193 NATIONAL NOTARY ASSOCIAT 1101500 NAr'L NOTARY RNWL A. 00 45. 00 1020 G07021 03/19/04 484 NEW PIG CORP 1108005 HAZMAT SUPPLY A25403 0.00 293.94 1020 G07021 03/1'/04 484 NEW PIG CORP 1108005 HAZMAT SUPPLY A25403 0.00 '7.89 TOTAL CHECK 0.00 391.83 1020 G07022 03/1'/04 485 NEWMAN TRAFFIC SIGNS 2708405 FY 2a03-2004 OPEN PURC 0.00 480.75 1020 G07023 03/l,/a4 M2004 NOR CAL ASA 5806449 NOR CAL ASA REGISTER 0.00 54G. oa 1020 G07024 03/l,/a4 2G3, NOVA PARTNERS INC 4239222 PUBLIC WORKS CONTRACT 0.00 GOG50.00 1020 G07a25 03/1'/04 493 OFFICE DEPOT 1107405 OFFICE SUPPLIES 0.00 43.36 1020 G07025 03/1'/04 493 OFFICE DEPOr 1107405 OFFICE SUPPLIES O. 00 40.11 1020 G07025 03/1'/04 493 OFFICE DEPOT 1107405 OFFICE SUPPLIES 0.00 27.71 1020 607025 03/1'/04 493 OFFICE DEPOT 1107301 OFFICE SUPPLIES 0.00 21.56 1020 G07025 03/l,/a4 493 OFFICE DEPOT 1104510 COFFEE SUPPLIES 0.00 96.78 1020 G07025 03/1'/04 493 OFFICE DEPOT 1107405 REF, 239172820001 0.00 -10.83 1020 607025 03/1'/04 493 OFFICE DEPOT 1107405 OFFICE SUPPLIES O. 00 97.21 1020 G07025 03/1'/04 493 OFFICE DEPor 1104510 COFFEE SUPPLIES 0.00 20.12 1020 G07025 03/1'/04 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 24.70 1020 607025 03/1'/04 493 OFFICE DEPOT 1103300 OFFICE SUPPLIES 0.00 20.46 1020 G07025 03/l,/a4 493 OFFICE DEPOT 1107503 OFFICE SUPPLIES 0.00 lG.92 1020 G07025 03/1'/04 493 OFFICE DEPOT 4239222 OFFICE SUPPLIES 0.00 1221. OG 1020 G07025 03/1'/04 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 54.'2 1020 G07025 03/1'/04 493 OFFICE OEPor 1104510 COFFEE SUPPLIES 0.00 10.83 TOTAL CHECK 0.00 1684.91 1020 G07026 03/l,/a4 502 OPT INC GlO"OO PRINrER ANNUAL MAINTEN 0.00 6265.00 1020 G07026 03/1'/04 502 OPT INC GlO"OO CLEANING/MILEAGE PNTR 0.00 132. GO TOTAL CHECK 0.00 6397 .Ga RUN DATE 03/18/04 TIME 10,20,45 - FINANCIAL ACCOUNTING L{-(t{ 03/18/04 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD, 9/04 CHECK REGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "03/15/2004" and "03/19/2004" FUND ~ 110 ~ GENERAL FUND CASH ACCT CHECK NO ISSUE DT n~nn~ ~-~n~VENDOR~ ~ ~ ~ ~ ~ ~ ~ ~ nn FUND/DEPT ~ ~ ~ nDESCRIPTION~ ~ ~ ~ -~ SALES TAX AMOUNT 1020 607027 03/19/04 505 ORLANOI TRAILER 6308840 PARTS A25415 0.00 198.08 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108830 12/30~3/O3 0.00 55.95 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 5208003 12/30~3/03 0.00 7.94 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 5606620 12/30~3/03 0.00 351. 02 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 5606640 12/30 ~ 3/03 0.00 187.65 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 5708510 12/30~3/03 0.00 3862.51 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108506 12/30~3/03 0.00 197.02 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108315 12/30~3/03 0.00 204.05 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108314 12/30~3/03 0.00 396 .44 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108504 12/30~3/03 0.00 4356.11 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108505 12/30~3/O3 0.00 1847.10 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108503 12/30~3/O3 0.00 1737.88 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108407 12/30~3/03 0.00 977.28 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108501 12/30~3/03 0.00 3361. 03 1020 607028 03/19/04 513 PACIFIC GAS & ELECrRIC ( 1108507 12/30~3/03 0.00 714.90 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108511 12/30~3/03 0.00 351.87 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108602 12/30-3/03 0.00 2686 .42 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108312 12/30~3/03 0.00 291.87 1020 607028 03/19/04 513 PACIFIC GAS & ELECTRIC ( 1108303 12/30~3/03 0.00 3168.53 TOTAL CHECK 0.00 24755.57 1020 607029 03/19/04 526 PENINSULA DIGlrAL lMAGIN 110 IMPROVE PLANS 0.00 96.94 1020 607030 03/19/04 M PICKERING, LINDA 580 REFUND 255393 0.00 300.00 1020 607031 03/19/04 543 PINPOINT 1108201 JACKETS 0.00 1646.46 1020 607032 03/19/04 545 JEFF PISERCHIO 5606640 SERVICE 3/O3~3/16 0.00 1956.00 1020 607033 03/19/04 2661 PROFESSIONAL TURF MGMNT. 56091OS CIP IRRIGATION 0.00 5375.00 1020 607033 03/19/04 2661 PROFESSIONAL TURF MGMNT, 56091OS CIP DRAINAGE 0.00 712 .58 TOTAL CHECK 0.00 6087.58 1020 607034 03/19/04 913 PUBLIC BROADCASTING SERV 1103500 LlCENSE/EXP MUSIC 0.00 300.00 1020 607034 03/19/04 913 PUBLIC BROADCASTING SERV 1103500 LICENSE/WHOLE CHILD 0.00 300.00 TOTAL CHECK 0.00 600.00 1020 607035 03/19/04 3106 PUBLIC RESOURCE MGMNT GR 1107200 DEV/RATE STUDY FEES 0.00 4350.00 1020 607036 03/19/04 2802 QUANTUM DESIGN 6109856 MAR2004 WEB HOSTING 0.00 1500.00 1020 607037 03/19/04 3064 RACHEL QUILTER 5806449 SERVICE AGREEMENT FOR 0.00 85.80 1020 607038 03/19/04 M2004 REGBE ZEWELDI 110 ENCROACH BOND REFUND 0.00 500.00 1020 607039 03/19/04 842 ROBERT A BOrHMAN INC 4259313 PUBLIC WORKS CONTRACr 0.00 51902.00 1020 607040 03/19/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURK 2/13 0.00 864.00 1020 607040 03/19/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURK 2/20 0.00 603.00 1020 607040 03/19/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURD 2/27 0.00 864.00 RUN DATE 03/18/04 TIME 10,20,45 ~ FINANCIAL ACCOUNTING Lf-{ :; 03/18/04 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact.trans_date between "03/15/2004" and "03/19/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---------- ----VENDOR-- -------- FUND/DEPT -----DESCRIPrION- ----- SALES TAX AMOUNT TOTAL CHECK 0.00 2331. 00 1020 607041 03/19/04 599 ROSS RECREATION EQUIPMEN 1108314 SUPPLIES A25355 0.00 394.49 1020 607042 03/19/04 602 ROYAL COACH TOURS 5506549 G.GATE FIELDS 3/03 0.00 678.11 1020 607043 03/19/04 1230 SAFECHECKS 1104100 PAYROLL CHECK STOCK 0.00 616.60 1020 607044 03/19/04 2170 SAN JOSE GENERATOR 6308840 REPAIRS A25419 0.00 119.08 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 1/29-2/25/04 0.00 70.85 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY 1108407 1/29-2/26/04 0.00 67.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606620 12/29-2/25/04 0.00 35.40 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 38.76 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 58.91 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/26/04 0.00 9.37 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 9.37 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 40.59 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 38.76 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108312 1/29-2/25/04 0.00 134.95 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/29-2/25/04 0.00 36.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5708510 1/29-2/25/04 0.00 78 .17 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 12/24-2/25/04 0.00 129.55 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108408 1/28-2/25/04 0.00 120.26 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108504 1/28-2/25/04 0.00 85.50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108504 1/28-2/27/04 0.00 89 .16 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108303 1/28-2/27/04 0.00 69.02 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 12/24-2/25/04 0.00 82.66 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108303 1/28-2/27/04 0.00 222.85 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/28-2/27/04 0.00 28.69 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606640 1/28-2/27/04 0.00 220.39 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108504 2/02-3/03/04 0.00 9.00 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606620 1/29-2/26/04 0.00 69 .02 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606620 1/29-2/26/04 0.00 67.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108312 1/29-2/26/04 0.00 116.63 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108312 1/30-2/25/04 0.00 128.49 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/06-3/03/04 0.00 125.11 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY 1108407 1/05-3/03/04 0.00 318.24 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/06-3/03/04 0.00 32 .18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108321 1/06-3/03/04 0.00 294.10 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/07-3/04/04 0.00 32.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108312 1/06-3/05/04 0.00 321.96 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 1/06-3/04/04 0.00 19.00 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/06-3/04/04 0.00 125.11 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108407 1/06-3/04/04 0.00 32.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108321 1/06-3/03/04 0.00 82.32 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108321 1/06-3/03/04 0.00 134.40 RUN DATE 03/18/04 TIME 10,20,45 - FINANCIAL ACCOUNTING 4-f1o 03/18/04 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "03/15/2004" and "03/19/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---- - - --------VENOOR- - ---- --- -- h FUND/OEPT - ----DESCRIPTlON-- - - - - SALES TAX AMOUNT 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 12/24-2/25/04 0.00 79.35 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 1/06-3/03/04 0.00 78.61 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 12/24 -2/25/04 0.00 126.53 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY n08506 12/29-3/01/04 0.00 -142.31 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5708510 12/29-3/01/04 0.00 101.32 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08502 2/02-3/03/04 LIBRARY 0.00 36 .50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/06-3/03/04 0.00 34.04 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/07-3/04/04 0.00 61. 89 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08505 12129-3/01/04 0.00 123.96 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY n08505 2/02-3/03/04 0.00 9.00 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 12/29-3/01/04 0.00 31.74 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8321 2/02-3/03/04 0.00 36.50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 1/30-2/25/04 0.00 89.50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8321 1/30-2/25/04 0.00 129.83 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8315 1/30-2/25/04 0.00 248.68 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY nO8315 1/30-2/25/04 0.00 105.69 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 1/30-2/25/04 0.00 121. 94 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/30-2/25/04 0.00 116.83 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/30-2/25/04 0.00 146.54 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/05-3/03/04 0.00 125.n 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8315 2/02-3/03/04 0.00 36 .50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8315 1/30-2/25/04 0.00 103.83 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8315 1/30-2/25/04 0.00 45.20 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/30-2/25/04 0.00 38.76 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/30-2/25/04 0.00 84.55 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY n08506 1/30-2/25/04 0.00 26.86 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8407 1/29-2/26/04 0.00 9.37 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 12/24-2/25/04 0.00 19.68 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/25/04 0.00 38.76 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY nO8407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/26/04 0.00 61.69 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8321 2/02-3/03/04 0.00 36 .50 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY 5708510 2/02-3/03/04 0.00 9.00 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606620 1/29-2/26/04 0.00 -27.88 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08506 1/29-2/26/04 0.00 26.86 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/26/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY n08407 1/29-2/26/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/25/04 0.00 15.87 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 5606620 1/29-2/25/04 0.00 n4.80 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/26/04 0.00 38.76 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY 5708510 1/29-2/2.6/04 0.00 279.63 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY nO8303 1/29-2/25104 0.00 466 .43 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8303 1/29-2/25/04 0.00 162.42 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8303 1/29-2/25/04 0.00 345.56 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8503 1/29-2/26/04 0.00 78.17 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY n08407 1/29-2/25/04 0.00 61.69 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 1/29-2/25/04 0.00 67.18 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY nO8314 1/29-2/25/04 0.00 70.85 1020 607049 03/19/04 625 SAN JOSE WArER COMPANY nO8507 1/29-2/25/04 0.00 78.17 RUN DATE 03/18/04 TIME 10,20, 4S FINANCIAL ACCOUNTING L{-17 03/1B/04 ACCOUNTING PERIOD, 9/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "03/15/2004" and "03/19/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT _uuuh__u-VENDORuu_uu--u FUND/DEPT 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 110B314 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108302 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 1020 607049 03/19/04 625 SAN JOSE WATER COMPANY 1108314 TOTAL CHECK 1020 607050 03/19/04 626 SANTA CLARA CO DEPT OF R 1102100 1020 607051 03/19/04 628 SANTA CLARA COUNTY SHERI 1102100 1020 607052 03/19/04 633 SANTA CLARA COUNTY SHERI 5806349 1020 607053 03/19/04 164B SAVIN CORPORATION (SUPPL 110B201 1020 607054 03/19/04 2397 SAVIN CREDIT CORPORATION 1104310 1020 607055 03/19/04 3140 SAW JAMER COMPANY 1108201 1020 607056 03/19/04 2692 SBC 1108504 1020 607056 03/19/04 2692 SBC 1108501 TOTAL CHECK 1020 607057 03/19/04 1530 SHAMROCK SALES 1108201 1020 607058 03/19/04 2016 SIEMENS BUILDING TECHNOL 1108504 1020 607059 03/19/04 652 SIERRA SPRINGS WATER CO. 1101500 1020 607060 03/19/04 2320 SNAP-ON INDUSTRIAL 6308840 1020 607060 03/19/04 2320 SNAP-ON INDUSrRIAL 1108312 TOTAL CHECK 1020 607061 03/19/04 200 LESLIE SOKOL OBA DANCEKI 5806449 1020 607062 03/19/04 1011 STATE BOARD OF EQUALIZAr 110 1020 607063 03/19/04 3045 SUGlMURA & ASSOCIATES 110B101 1020 607063 03/19/04 3045 SUGlMURA & ASSOCIATES 1108501 1020 607063 03/19/04 3045 SUGlMURA & ASSOCIATES 4209225 TOTAL CHECK 1020 607064 1020 607064 TOTAL CHECK 03/19/04 2045 03/19/04 2045 SVCN SVCN 520aO03 520aO03 1020 607065 03/19/04 3013 SWINERTON BUILDERS 4239222 1020 607066 03/19/04 695 03/19/04 695 SYSCO FOOD SERVICES OF S 1106248 SYSCO FOOD SERVICES OF S 1106248 1020 607066 TOTAL CHECK RUN DATE 03/18/04 TIME 10,20,45 u---DESCKIPTIONu_u- 1/29-2/25/04 1/29-2/25/04 1/29-2/25/04 1/29-2/25/04 2/02-3/03/04 CITATIONS JAN2004 LAW ENFORCEMENT MAR04 DANCE 3/05 MAINTENANCE 3-04/2-05 H2400800225 APR20" SAFETY BOOTS 1/27-2/26 1/29-2/28 FILM INSTALL DANFOSS VFD TO BOTTLED DRINKING WTR SUPPLIES Blr SETS A25312 SERVICE AGREEMENT FOR FEB04 PREPAYMENT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT COMPOST 2/25 COMPOST 3/03 PUBLIC WORKS CONTRACT SUPPLIES/TREELIGHTING SUPPLIES TREELIGNTING SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. DO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING L( -( 8' PAGE 8 AMOUNT B1. 84 80.00 69.02 120.26 9.00 B027.O8 2635.00 477846 .40 446.24 388.80 137. B3 3226.70 77.51 64.90 142.41 616.70 4215.00 7.35 281. 90 204.65 486 .55 4527.00 179.00 195.62 180.5B 670.30 1046 .50 252.00 252.00 504.00 1039143.00 36.04 44 .06 80.10 03/18/04 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact . trans_date between "03/15/2004" and "03/19/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------ ----- -VENDOR------- - -- -- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 607067 03/19/04 701 TARGET STORES 1101201 SUPPLIES A25800 0.00 20.69 1020 607068 03/19/04 M2004 THE LAW.NET CORPORATION 1101500 LAW.NET SUBSCRIPT 0.00 575.00 1020 607069 03/19/04 M2004 THE OAKDALE MUSEUM 5506549 4/01 TRIP ENTRY FEE 0.00 90.00 1020 607070 03/19/04 1053 TUBAN INDUSTRIAL PRODUCT 6308840 ENGINE PARTS A253O9 0.00 138.01 1020 607070 03/19/04 1053 TUBAN INDUSTRIAL PRODUCT 6308840 PARTS 20218 0.00 41. 93 TOTAL CHECK 0.00 179.94 1020 607071 03/19/04 724 TURF & INDUSTRIAL EQUIPM 6308840 FY 2003-2004 OPEN PURC 0.00 201. 02 1020 607071 03/19/04 724 TURF & INDUSTRIAL EQUIPM 6308840 FY 2003-2004 OPEN PURC 0.00 12.34 TOTAL CHECK 0.00 213.36 1020 607072 03/19/04 1647 U S POSTMASrER 1104310 PERMIT 239 NEW COMERS 0.00 270.00 1020 607073 03/19/04 M ULKANDE. SANTOSH 580 Refund, Check - RETURN 0.00 100.00 1020 607074 03/19/04 ME20O4 VALERIE SMULLEN 5506549 GUIDE GRATUITY 3/23 0.00 50.00 1020 607074 03/19/04 ME20O4 VALERIE SMULLEN 5506549 OAKDALE TRIP 4/01 0.00 60.00 TOTAL CHECK 0.00 110.00 1020 607075 03/19/04 310 VERIZON WIRELESS 5806649 #408456999 FEB2004 0.00 44.50 1020 607075 03/19/04 310 VERIZON WIRELESS 1101200 #408456999 FEB2004 0.00 48.45 1020 607075 03/19/04 310 VERIZON WIRELESS 1104530 #408456999 FEB2004 0.00 184.90 1020 607075 03/19/04 310 VERIZON WIRELESS 1107501 "08456999 FEB2004 0.00 48.45 1020 607075 03/19/04 310 VERIZON WIRELESS 1107503 #408456999 FEB20O4 0.00 430.90 1020 607075 03/19/04 310 VERIZON WIRELESS 1108005 #408456999 FEB2004 0.00 63 .05 1020 607075 03/19/04 310 VERIZON WIRELESS 1108102 #408456999 FEB20O4 0.00 161.20 1020 607075 03/19/04 310 VERIZON WIRELESS 1108201 #408456999 FEB2004 0.00 464.67 1020 607075 03/19/04 310 VERIZON WIRELESS 1108501 #408456999 FEB20O4 0.00 609.51 1020 607075 03/19/04 310 VERIZON WIRELESS 1108503 #408456999 FEB2004 0.00 92.95 1020 607075 03/19/04 310 VERIZON WIRELESS 1108504 #408456999 FEB20O4 0.00 371.83 1020 607075 03/19/04 310 VERIZON WIRELESS 1108505 #408456999 FEB2004 0.00 98.48 1020 607075 03/19/04 310 VERIZON WIRELESS 1108602 "08456999 FEB2004 0.00 183.29 1020 607075 03/19/04 310 VERIZON WIRELESS 5208003 #408456999 FEB20O4 0.00 44 .50 1020 607075 03/19/04 310 VERIZON WIRELESS 5606620 #408456999 FEB20O4 0.00 44.50 1020 607075 03/19/04 310 VERIZON WIRELESS 6104800 #408456999 FEB2004 0.00 48.45 TOTAL CHECK 0.00 2939.63 1020 607076 03/19/04 754 BARBARA WALTON 5806449 SERVICE AGREEMENT FOR 0.00 1080.00 1020 607077 03/19/04 2904 WEBEX COMMUNICATIONS INC 6104800 MONTHLY SUBSCRIPT 0.00 600.00 1020 607078 03/19/04 779 WEST-LITE SUPPLY CO INC 1108507 LIGHTING SUPPLIES 0.00 183.48 1020 607078 03/19/04 779 WEST-LITE SUPPLY CO INC 1108504 LIGHTING SUPPLIES 0.00 229.01 TOTAL CHECK 0.00 412.49 1020 607079 03/19/04 2456 WORLD JOURNAL 5506549 SUBSCRIPTION RENEWAL 0.00 181.34 RUN DATE 03/18/04 TIME 10,20,45 - FINANCIAL ACC°7{=-;1 03/18/04 ACCOUNTING PERIOD, 9/04 CITY OF CUFERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact.traM_dats bstwssn "03/15/'004" and "03/19/'004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE Dr --------------VENDOR------------- FUND/DEPr 1020 607080 03/19/04 799 ZANKER ROAD LANDFILL 5208003 TOrAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE 03/18/04 TIME 10,20,45 _n --DESCRIPTION- -- --- YARDWASTE FE82004 SALES TAX 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 10 AMOUNT nO91. 82 1802605.63 1802605.63 1802605.63 L(- ;26 RESOLUTION NUMBER 04-286 DRAFT 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 12,2004 WHEREAS, the Director of Administrative Services, 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 $ 434,251.18 Less Employee Deductions $(120,484.62) NET PAYROLL $ 313.766.56 Payroll check numbers issued 73435 through 73667 Void check number(s) 73457 CERTIFIED: ~a.~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of April , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5-1 RESOLUTION NUMBER 04-287 DRAFT 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 26, 2004 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability offunds 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 $ 416,020.01 Less Employee Deductions $(116,628.87) NET PAYROLL $ 299,391.14 Payroll check numbers issued 73668 through 73887 Void check number(s) CERTIFIED: ~ ~¿¿ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of April , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5-~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 CITY OF CUPErQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ~ Meeting Date: April 5, 2004 SUBJECT Accept the Treasurer's Budget Report - February 2004 BACKGROUND Attached is the Treasurer's and Budget report for the period ended February 29, 2004. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $37.7 million at February 29, 2004, with a maturity value of $37.6 million. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Short-term agency yields decreased further in February. Two of the City's investments in short-term callable federal agency notes were called later in the month, resulting in a larger Local Agency Investment Fund (LAIF) balance than in January. As a result, the average length to maturity decreased slightly along with the investment yield of City's portfolio as a whole. The LAIF yielded 1.440% compared to January's 1.528%, and 1.95% a year ago. The City's portfolio as a whole yielded 2.26% in February. Although short-term yields seemed to stablilized at record lows, it is still anticipated that interest rates will rise moderately in the next several months. Reinvestment of called securities must be done cautiously, as overextending maturities in the portfolio to boost current yield could create a risk of significant underperformance when interest rates improve. Overall, the City's current investment portfolio decreased only slightly (approximately $150,000) in February, as incoming revenues kept pace with planned expenditures. The LAIF bond account was drawn down by $1.03 million to cover LibrarylCivic Center Project expenditures of the previous month. Note that investments have been laddered to maturity dates that will accommodate the necessary cash flows required for the library and other capital projects. Prinled on Recycled Pape' b-{ 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. RevenuelExpenditure Trends Vehicle license fee payments from the State have returned to normal after being postponed for the fiscal year's first quarter. Tax revenues are well below budget projections at the end of February due to the timing of major tax payments from the County and other tax revenues submitted in the month subsequent to collection. With the mid-year budget reductions in place, most revenues are ruuning fairly consistently with the 2003-04 budget, although a further reduction in Sales Tax may be realized (estimated $750,000) before the fiscal year end. Operating expenditures have decreased 3.4 percent from February of last year, consistent with the 2003-2004 operating budget. RECOMMENDA nON: Accept the Treasurer's and Budget report for February 2004. Submitted by: Approved for submission: (k{(k~~. Carol T. Aug tine Deputy Treasurer ~ David W. Knapp City Manager ~ -J- City of Cupertino February 2004 -REF YIELD ADJUSTED ---COST -- ---r----- ~ECURITIES MA TlJRED/CALLEb ---" , 't---- -~- 06/28/02 - 02/i5/04jFHLMC(P) "" - ~ " 2,78% 1,300,000 -I:3o0:000 '-1:300,000---- 0 -- - ~~;~~;Ór- Ó~;~~;Ó:;~~:~,step~-~3f', ~;i=ltóó'Ó~Ó . ::óóójóót_Uó~óóó~~-~~ó -n, -- . SECURITIES PURCHASED, - I - - ----,--- ~- ---¡- - ---- ~~!-~:~~T~~~-g:~~~:t~~:;'~!O" ~ - - 07/09/93 ~ -~:04715~07 FHLMC(J'j:- 6k l 692~ 212'454J:~::::-210'197:tl:_- 215,976 . 3.522 , I , . l:oiJ+~i~~~ :~:~ -~~J~tli~=--=I' --" -, Ó~;~{~~--~~;~ :f~: ':~f--- --~ ~+__};:r-I'~~J~~ I ,I '~~ó:~óf I --I~~e~;-I- õ7iil/03j-07/21/06-FHLBtO:: - -=~- _i.:.2Q~- 500.¡j¡j11...- 500;000r::492198, 1 ó~;~~;ó~ 1~~~~~I~~t~step-=--I~~ - E~~' :~~:ó~~t' - - I'~ón~ó-- 1'~óH~~ - L~-_~_~O_I~;Ó~ -' --}-~~~--j;-,~t~tO_t_-¡,--------- --_::',--=_~~_:IT ~,.,:,ó_~-~--- 2':Ó~:~~-~--,c_.----__-___2.:ÓÓ:Ó*-~Ó_--------:-- 2,:,Ó~,-,:_~-'ó_~ - 1(1/27/03 03/29iO2.I'HLMCtO - -- 6k- 307'Y~- 997,921__- 1,000,000_- I.OÖ4,65d ~~~ótLi~*;ó: ¡~~t:;=----::--1~~__- ~~~~: - _l~~~:~ -, ::óó~óó-:- ::óó~~~~~ t~:t-:SIEk~'"' '----inr-t~ ,!.::~' i:~ 1- n:S~1 12/29703- 03/29/07- FHLMCtO 61< --T - 3.00%' --997,185 ---DJõö~ooo -1,004,655 ¡molO3 I -¡2I30/08 :FHu"jcli5:Siep ---¡6k275O/; 1,000,066 'COOO,ooo - (005.133 MO ¡ r-n .... ~n_.. - L20,667,522_J - 20~660;¡97 - iO,772,584 :US GOVERl'tMENT SECURITIES ACTIVITY DATE PURCHASE MATURITY DESCRIPTION US 37,566,55\ I 0 37,678,947 0 37,573,8841 .Total Managed Portfolio - I AveraiieYield -- . Avera_ge- Length- to MaturitY (inyears) - 2,694 -,U51 - 824 - 37.119 6.4W- - - 9,128 (2,702) 2,295 -- 651 708 (3,419] 6,734 7.525 - ¡j 7,365 --\803 5.054 7,470 --5,133 105,063 0 105,063 ~-3 City of Cupertino February 2004 ¡--- DESCRIPTION ,..1-.-- ---, ---- .-+- =-~,.' .~. ~~~~RUST &_AG~CY PORTFO~iõ I -- -:F,"" - . . -_:----::- . ':;§..' ::-- CERTIFICATES OF DEPOSIT: , ==07/27/0:9 03/3I/O4[~ii¡'ertinoNat¡(KeS~rTrust) -k;.:r=¡02%¡--41,445F 41.445~. -~ __~taITrust&AgencyPortfolio _u --_u ,~- 41,445 41,445 n, 41,4~5r ----I 41,445 -. n -1~,1~,=;;1: r ~! ~., "'oo~"J~t- ----- 10115/02 ----, 'LeasePaymentFund---' ---~- 6:25% - --2-- - --T-- -,-- 21 n__;:;~r--' ._~~~~to~~~_Mkt ' -~~~_~939~J~~--9'29Q~f~!~9~':~~¡- -11i>~1 Bond Res~rve Portfolio ---- - 9,314,738 9,294,456 9,294,456 --, &-L{ 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% 1103 Ag'",yN"" 55% 2/OJ 3/OJ Investments by Type Managed Portfolio usr""",, C"¡XX'" N"" Boo" 0% 0% LAIF 42% IRate of Return Comparison 4/03 6IOJ 8/03 2/04 9/03 10/03 11103 12/OJ 1104 5/03 7/03 &-5 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino Februarv 29, 2004 Catel!Orv Standard Comment Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate BondslNotes 30% with A rating Complies LAIF $40 million Complies Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies " Remainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies ~-~ ~ity of Cupertino - . .-c-t-. General Fund Budget Report, .1 I . n,- --, -- --.. ---- n- ._-, ----t--. ,.~ ---- - .,- , n_- .'-----1- - I '- Actual 1 ~ctua1 I % of Budget ¡ _T--nn_. 2/2..9/~ '-..- ..2002/03 Budlæt.'2003/04 BUdge. t II YTD 2-28-03. ..'. Y."'Q2-29-0<l,! Over/Under +-+-~. , Analvsis of Trends Taxes: ¡ . . ,l-L- ' ., f-- Sales Ta~_-_J- W,OOO,oooì-- 8,78°,QQfJj..¡ - 6:047,7841- 5,356,93,1,1-' -8.48%.. .,~ P!°l'ertyTax__- ....l,2O.o'°<JU-- 3,800,0001 .~......b308,~,232,799 .:11.86%1- 1-- -. --, n' Trans.cientOcc.. upal1£}" :.--, 1,6.65,00.0... . 1,500,000~., -. 939,680-.. 8.16,9. 96,!.. ,---=--.18.3, ~~ff9'i"".s..s, up 29% over..I.ast year; all others down 220/...°. ,-. Utility Tax . 2,620,000 2,750,0~ 1 1,550,998 1,490,883 -18.6~ ' ~~~~~::r;es ---- -:...:=t;~~:~-= ~:~~~:~~~ i --. - ;~~~;~~ I.". --~~~:m' ---:"j:~;~~ - ~ropeI1Y tra~sfer taxes up $88k fromlast year=---= Licenses and Penuits 1,182,000, 1,285,00~t-+ 1,046,792 893,049 4.25%' ,. Use of..I\1o~ey &P!"perty - 1,370,000: .",.. 1,1 W,°ogf._!1:007,512 - 74(8J6:-=-0.25% Rents "ff$50k; investt'lent yields_down26.6%- - - Intergovernmental . , .,.l,Z9<},,9O~L ',2,580'0~~1 ~_...b520'1l.~J,742,32,8,. .,., 1.300/.,"'.. ,N",.V. ehi<:le license fe. e ba.ckfill for first qu.a, rter 03-0. .4.. ','-.' Çhargest:or.Services__n--381~ _<I,I(j,OOO_--+- 287,441] 309,3151 ~16%,._- - --- -- .- Fines_&Forfeitures . _600,000:- 640,QQ!J, 1_276,24U_30~ -29.61%_: .-.-- --- .-.------ OtherRevenue .,16.855.6,OO......_4.0~I--L, ' 1..5,93,4.,. - ',.1,2608.' -5.2.72%1, ,[QfQ:,..-03bUdgetincl.udesadditionaldebtProc~, TotalRevenue_~~623 7~ì..l6560~ _~17 5:~4_T..J1702 813 , 1.350/"C__~_- -- Operating Expenditures: ' , , ' ~ d-t . n-. AdminIStraiive ' - 1578,736i-=-=I,.m,305jl-832,6<JL..=:-g06,794'--. 4.~~!:! IPayment for add'llibr"Q'hourspd in lan 04,MarchÕ3- Law Enforcement .__6,325,41-'1. 6,697,3961.__- 4,176,421,. 4,Q7,722,- 5.9 1')1, L....&liminated Red Light Program in Novem~_, " Community Service 765,602, 680,388'. 480,1921 434,4!8L.. 9.47% Prior year human service grants ~ $1O2k - . Administrative Ser-vi-;;e . 3,67'f,,871. =--.4,.:076,.7811 I' .....1.,311,148-=-:2,563,:6721.,..... . . .,7..800/.. °1 ~"II§le.cti.ons ($60k); h, igb" er insurance C.osis,than P.r,i"r year,.- Recreation Service 2,254,91 W 2,220,0311, 1,369,889 1,370,371 5.82%1--1- .-- .Co~mu."!ty.Develo]J111~nt '.--:J:525,796,., 2,872,225 t--. , 1,721,5031-...J,<t02,543 - ---:16.29o/~' _BMR payments down$217k, CO;;str..Plan checl<'. down_$80k- PUb.lic._WorkS _9..159.072,-, .8.57.777.8 1... -, 5..487.98,2:., 5.102970]. _---':28%IIB.ldgmaintenanc. e d.own $146k;Street Main!. down $751< -- _Total Expe:di~re,-_. _=289400L 26446 901- _~~15 818 56!..---=-~~----=------=-------..:::. Operating Transfers In 250,000 1,425,00W 1,150,000! 950,000 ¡ 0.000/. Operati.ngT-;:"nsfers out.-, -25.4970001. ,---:4..955'.~i 1 -15:029.5001--:)303 33Ç 0.00%!1,2002-03 Budgetinc1uded transfers to CIP for New Library_- Netlncome/Loss --~ =6912645! _~4¡6~ -12709882 -24690!¡¡+---'¡t. ,- (õ- I --..j 7.000,000 ',000.000 5,000,000 4,000,000 '.000,000 2,000.000 1,000,000 ',000,000 5,000,000 4,000,000 ',000,000 2,000,000 1,000,000 Revenue Comparison 10 11 Expenditure Comparison ¡ S,'"T" 2 Pmp"" T" HOT 4Utilit,T" 5F"nchi"F", 60th" 7 Lioon", & P,nni" 8 Mono, & Pmp'", 9 Int"go"~'n'" IOCh~g"fo'S",;oo, II Fin" & Forl,ito", 12 OIh"R"'nno 12 1 Adm;n;s!,"!;ve 2 Law Enfomemen! 3 Community Service 4 Adm;n;s!,"!;ve Service 5 Reo'eation Se,v;ce 6 Community Developmen! 7 Public Wo,ks ~-y Çity of Cupertino__- -------- --- ~/:::aryofBUdget Transfers ------==-----=----- ~5- -n--- .._,::~ - ~ u- . _k. ".}~~~~: :~~::~, ~::::~'- -.- ..1~,::::-~ - -1-"~¡~-...~I-'¡~; ¿;;~v~~:v:;orcemen¡grant:--=- m:~;:01-~()14 - ''. . 29~~~:~;L I,2~=T=29,~~:~~~ g~~:~ ::=_:~:~:::~: ~:~:~---1--- .: :~:~:~~:~¿~~- --~~t~! '~--~=-~~=--~=~:~ð~ ~.ii~:U-'TM'Ni" ..... - ,~,,- - = ~:==;;'"I--".,"" Midyear Revenue Adfustments: .. -¡ - . . , =~t~~}:~L:= .:--:----=- ~-= m~og~o~- ,--~ý;~:~QL-~~ý-~~;f- GtherTaxes . ... .. .. 110-4060. 10~ .. IOO,OOOL ---Ùse ofMoney ana Property ----- . - TIO-42lT-- -4°~~~1 :400,000 --- -Intergoiementa¡-=--- ¡.::.:-- 110-4415- -800,000 c --=----800,000 - ~::::",ME",r~i~~:~n ~ . ":~~I':¡- . - 03-04 BJA gnult I _~0-2402-7014 1-- 7,500~ - 7,500 03-04 law enforcement block grant' '110-2403-various J- - 15,409 15,409 ~-04 COPS grant-=-- - -==-n - III 0:240 I:~arious --- I OO~ 100,000 Increase Sports Center construction ! 110-0 I 00-8020, 130,000, 130,000 Ear!y openiiio!lofTee!l Center-I--nO-6343~7o14---1 4õ,oOÖ--- ----40,000 FU¡"d'~~ptouri'()E3 requírement:_-:C:::=--IIO-(var¡oU~-55~r::t-- - 20,000 --- _=:2õ~òoo - ~B~~n~r~:iability c1aims,insurance___j: :-~~~¿~:~~~~----n - ~~:~~~1-- -- --- - -----' -, ,-~~:~~g ~i!;*!~f~~£;¿::~:=~~--~~I;~:;1Y~~~~ - --, J~=--~T~:~~~i-~=~~ ~-~-IIi1-~~ _Comrnunit~Congress_____,_J.llQ:1O()0-6331 "-- -IO,OOor-_------=-l(),OOO __Ielecommunications, Legal____- 1_--110-1031-7075+ -,- -4,000__- ____-=4,000 La\Vlô.".forcemeJ1t- ------'-- 111_0:~1.°0-705~, __--=46,000' ---- - -46,0(jQ Human Service Gran!,----- '_.!110:330():7l02 -loo,oo~l- -_1Q(),(j00 (J-"vemment qannel_- ----1DO-3~00-5501 -17,500_- . .:.17,500 Finance Administration 11 0-4000-7014 -25,000 -25,000 Elections -- -~110-43:J0-7014 -lo,ooO,-To,ooo Culturalg-vents un_~lll 0:6248:70 14~~10ßOOr -10,000 Teen Program '110-6343-5502' -5,000 -5,000 Fourth of July - llO~6448-7014- - - 1 60,000~- -- 60,000 ~Senior Ad-;'ltSupetVision --;110-6500~5*'-* - -13:0001 --13,000 Senior Center Case-Mana er '110:6529-5**' . - -42,000- -42,000 b -1 City of Cupertino Summary of Budget Transfers. 2/29/2004 (cont.) 1...-- --_u --===-=r- . --t=-t ---., ----+ -. '-~dget .~- Revenue - Expenditure ---De;;-riDtion--------=------ +_:......... ... Acct #----t- Adiusttnenq - .. Budget-=rBudiet- Building Code Enforcement----- . '------'110:7503-5"'-=-1=:-.-89,000:-- .--+ '-:89,000 E;ng.in.eeiingDes..ign.... --=--..-. - .". -'. ---#.10:8.101-::'*-.'.'.,--,'-.'."" .- -73:O.00_"""':'.."-':'_:.r-- _.7..3;000. MccIe1[¡mRanchPar~ . -f - 110:8302-"" -. .....2Z,50°r=. -17,520 Memorial Park 110-8303-6111 -7,000 -7,000 __.SCh.OO.I. SiteMa¡ntenance-----..-.... ~..-." ...,II..0.:83.-12-",..,.-.--t-...... . ... -93,00.0..',---=-."-_.... .. ..-----:93,0.00 Neighborhood Parks '11O-8314-6111--=L- -16,000 -16,000 SiJOrtfuldsJolly¡ßanCreek ---- -~10-8315-6111 " - -"2,500 ------. ------2,500 .-~~;~~~~~tOlmdS ~j¡1tenance=l--_+j :-~:~~~;?~!;=~ -~-~t:i-:_~ . ~~;,t6Ò ___GraffitiR"I1l()\'aI_______L....l!0:8406-""_¡-- -14,500'__-- _-14,500 Over Passes and Medians , 110-8407-"" -50,000 -50,000 ~f~~?~~~:eCiryHall-;~=¡~;m~:~~I~ --==.~~~n--- ---~.:::~~ 13uildin¡¡, Maintena~.ervice Cntr ..____.11O-~503-"" -_:ßOOO -11,000 B..lli!din..g Main..-,-",,-an. ce - gu. in.lan cn.tr....... WO.-..:8504.'..-."'..' ... - -2.9.'.000.' -29,000 _Buildin~_M~intenaJ1~:.Senior Cntr - 1 ~ 10:8505-""_- -- _--5,00n - . -5.,000 !luilding Maintenance_:~cClellan --1.- ,110--8506:""'-'1 ___:18,0201- -18,000 Building Maintenance -Monta Vista, 110-8507-"", -1,500 -1,500 --..- ----. -- --- ----- ---- ¡-- ---- -. - BuildingMainte~nc" -Wi~ !1Q:8508-"'-*-- -17,50.0- :12500 Building Maintenance -Portal 1110-8509-"" -1,500T -1,500 Building Maintenance _-Creekside ,1!0-85 1 1-7°.Ii...- --- -3,00()L .i3..000 Tr~ffi"Engineering - _11O-8601:70li.. -25,QQQ.. :25,000 Street Lighting F3O-"" -46,500 -46,500 g.a.a~i:i1;~;:.~~~. ent~rOJ.'ects-... -t,'.' ~... '.'. ;. ~Ò::. :;::~~.'.:: ----=1..-.-:-...-. :;~~~..1ò. .-... - -j~~l~_~ BBF Picnic Grounds M&O ' 560-6620-5501----1 -49,000 -49,000 =fu,nrts c:.,nt~r Operation- --- ----Ii 570.-.:645.0.-.""--- - -. :§§,OOOt!, =---- -6(oQiJ ....E:quipmeI1!MaintenallC"- 630:8~0-91 00 -- --. -3,50.0.- . -3,500 2003/04 ADJUSTED BUDGET 42,359,000 77,206,865 ~-IO Capital Projects 2/29/04 e;--. ~ Fund £æjjt Description CIO enc C/Obud!l!>l AdQpled chanae Total Budaet Encumbrance Exoenditure Current Bal. 2tO 9612 Minor Storm Drain Improv 9,102.50 25,221.40' 105,418 139.741.90 6,920.00 61,613.68 71,208.22 2t5 9620 Storm Drain Projects 27,073.00 954,764.06 981,837.06 78,000.25 S04,072.75 599,764.06 270 9430 Slav Canyon Rd widening 118,816.64 5,988.19 124,804.83 105,97S.41 13,685.94 5,145.48 270 9432 Hmsld belleville TIS modif. 75,000.00 75,000.00 0.00 75,000.00 0.00 270 9435 Ne<ghborhood lraf calming 39,031.64 65,433.98 25,000 (75,000) 54,465.62 9,878.00 42,940.95 1,646.67 270 9436 StevCrk Trail Bike facilities 30,219.00 30,219.00 30,219.00 270 9443 Bollinger Rd bike facility improv. 14,959.81 189,943.29 204.903.10 46,371.21 2,173.60 156,358.29 270 9447 Mary Avenue gateway 17,476.07 91,198.89 108.674.96 17,476.07 181.32 91,017.57 270 9449 Mary Avenue Footbridge 25,000.00 998,594.78, 800.000 1,823.594.78 1,221,000.00 104.000.00 498,594.78 270 9450 Pavement Managemenl 501,369.15 13,455.25' 750.000 1,264.824.40 8,513.73 563,672.43 692,638.24 270 9531 Ramp meler signal 280/85 312,131.21 70,209.00 382,340.21 301.020.79 12,310.42 69,009.00 270 9532 SR85/Stev Crk TIS modification 49,S78.49 49,378.49 49,378.49 270 9701 Sidewalk gaps unimprv areas 75,000.00, 75,000.00 (120.000.00) 30.000.00 30,000.00 270 9702 Citywide bike parking facililies 51,789.00 51,789.00 51,789.00 280 9213 McClellan Ranch bldg improv. 211,652.00 211.652.00 211,652.00 420 9113 Stev Crk trail maslerplan 6,260.70 6,260.70 6,260.70 420 9115 Skate Park 181,953.40 (181,950.00 3.40 3.40 420 9116 San Thomas trail improvements 43,326.09 53,694.60 97,020.69 . 0.00 42,756.71 54,254.98 420 9117 levCrkTraHmaster Ian study 16,036.49 20,732.03 36,768.52 16,036.49 0.00 20,732.03 420 =tiI.rtaVWilson park improvement 302,828.60 46,139.94 (15.000.00) SS3,968.54 0.00 332,905.52 1,063.02 420 emorial park softball field impv. 25,000.00 125,000.00 (150.000.00) 0.00 0.00 420 expanlson 66,538.00 21,026.55 87,564.55 66,538.00 0.00 21,026.55 420 9223 Civic center improvements 5,680.00 2,447,882.92 ¡ 17,000.00 2,470,562.92 3,716.00 2,465,697.00 1,149.92 420 9224 Civic center plaza improvements 0.00 937,122.72 937.122.72 0.00 936,122.00 1,000.72 420 9225 CH space study 0.00 0.00 50,000.00 50,000.00 41,251.07 8,748.93 0.00 420 9528 28O/Wolfe traffic safety improv. 23,261.69 105,129.83 128,391.52 23,261.69 (295.18) 105,425.01 420 9530 Phase III Hmstd arterial mgml 43,540.90 43,540.90 3,604.00 39,936.90 420 95S3 Green LED TIS lighls 260.26 261,036.00 261,296.26 0.00 45.19 261,251.07 420 9534 Advanced ITS De Anza blvd 661,016.83 21.918.S9 682,935.42 287,681.59 341,997.47 53,256.36 420 9535 Adaplive lraf control system 344.064.77 300.561.00 644,625.77 197,272.97 358,989.22 88,363.58 420 9541 Schoollraffic caiming measure 0.00 47.686.S5 47,686.55 0.00 0.00 47,686.55 420 9544 Safe routes CHS 500,000.00 500,000.00 SOO,ooo.OO 420 9545 TIS uoorades various iocations lS0,000.00 (130,000.00 20,000.00 20,000.00 420 9546 Traf operation center facilities 24,173.19 129,569.31 (91,000.00) 62,742.50 7,432.80 55,127.27 182.43 420 9547 Yellow oed LED TIS upgrades 140,000.00 60,000.00 200,000.00 200.000.00 420 9548 T raf st walkability mods facility 0.00 5,000.00 5,000.00 0.00 5.000.00 420 9549 Safe route Garden Gale school 0.00 0.00 205,000.00 205,000.00 0.00 20S.000.00 420 9550 TIS battery power backup 0.00 0.00 200,000.00 200,000.00 0.00 200,000.00 423 9222 Ubrary construction 738,564.99 17,504,854.19, (17,000.00) 18,226,419.18 12,392,991.36 2,85S,488.00 2,979,939.82 425 9313 Four Season Comer 15,141.82 926,012.47 131.000.00 1.072,154.29 169,100.41 770,059.48 132,994.40 425 9314 Four Season Art Sculpture 122,220.00 0.00 122,220.00 14,352.00 107,868.00 0.00 426 9212 Sports Clr. fitness expansion 72,560.59 1,891,972.72 130,000.00 2,094.533.31 203,842.63 1,889,903.49 787.19 560 9105 Blackberry Farm 0.00 491,431.62 75,000.00 566,431.62 0.00 16,474.08 549,957.54 560 9112 BBF master plan study 10,375.10 71,493.09 81,868.19 13,926.00 26,253.50 41,688.69 Total 3,511,008.44 29,237,866.46 2,410,418.00 441,950.00 34,717,342.90 15,2S2,556.47 11,389,394.77 8095391.66 -- DRAFT RESOLUTION NO. 04-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM LYNN M. CHING, 22781 STEVENS CREEK BOULEVARD, APN 342-12-037 WHEREAS, Lynn M. Ching, has executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 22781 Stevens Creek Boulevard, APN 342-12-037. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April, 2004, by the following vote: Vote Members 2fthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino f-{ GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 342-12-037 22781 Stevens Creek Boulevard LYNN M. CHING, grants to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this l.!i!day of~ 2004. Owners: ~.. 'Y\M 111 ~1 Lynn . Ching (Notary acknowledgment to be attached) f-J- ~1~'o\'"'~~ On mM~ . personally appeared -w Yl H, (}ju ~ ( )personally known to me - OR - ( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. d ~rl-.-- ,before me, ~~~ V ~ WITNESS my hand and official seal. J!&k4-- ~~ (This area for official norarial seal) KATHLEEN ROSS ~ NOiA~~~u~ i3c~~ ~6~NIA UI CHI! C'""'""""""i,..- My C,mm "pi'" Fob. 10. 2006" DESCRIPTION OF ATTACHED DOCUMENT {~~} fix ~wd- DESCRIPT ON OF CUMENT (OPTIONAL) STATE OF CALIFORNIA COUNTY OF On , before me, personally appeared ( )personally known to me - OR - ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT (OPTIONAL) f-j i EXHIBIT "A" I I I I I ~I ~I 01 ~I I ~I ~I ~I S 89°39' E .50.54 0 0 ci ~ (IJ LYNN M. CHING g ~ 30.00 w. 0 :¡: ~ 0.164:1: GROSS AREA .~ ;; C') 0.002:1: RD. DEDICATION 0 g ~ 0.162:1: NET AREA Z~ R= 18.00 . I !J.= 90°05'00' l I L= 28.25 T= 17.97 I / 33.22 N 89°39' WS1.19 0 I AREA TO BE DEDICATED 0 FOR ROADWAY PURPOSES g I - - -L - STEYENS _CREE!f BLV!}~ ~ Mf~~JdJ~ PLAT TO ACCOMPANY DESCRIF7JON FOR INGRESS AND EORESS EASEMENT 22781 STEVENS CREEK SLID. CUPEFfTlNO, CA 95014 APN- 342-12-037 " SMPCOMPANY Civil Enltineers - .Land Surveyors 1211 Park Avenue, Suite 208 San Jose, CA 95126 Tel. (408) 472-5062 Fax (408) 287-8630 DA TE: 02- 25-04 SCALE: 1"=30' JOB NO.: r;-'-{ BEGINNING at the point of intersection of the Northerly line of Stevens Creek Boulevard, formerly Permanente Road with the Easterly line of that certain 0.55 acre tract ofland described in the deed from Phillip Lombardo, et ox, to Pacific Gas and Electric Company, a California corporation, dated May 31,1946, recorded June 11, 1946, in Book 1350 of Official Records, page 485, Santa Clara Records, and being shown upon that certain Map entitled, " Record of Survey of Phillip Lombardo", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California; Thence along said Easterly line N. 00°16' E. 17.97 feet; Thence along a curve tangent to said Easterly line concave to the NE, having a radius of 18.00 feet, through an angle of 90°05'00", an arc length of 28.25 feet to a point on said northerly line of Stevens Creek Boulevard; Thence along said line of Stevens Creek Boulevard N. 89° 39' W. 17.97 feet to the point of Beginning. Containing 0.002 Acres more or less 1»r ~~lUj - &dtj EXHIBIT "B" t-) RESOLUTION NO. 04-289 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES, FROM LYNN M. CHING, SAN LEANDRO AVENUE, LOT 60, APN 357-05-029 WHEREAS, Lynn M. Ching, have executed a dedication which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of a 10 foot wide strip of land parallel to the westerly property line of Lot 60, located on San Leandro Avenue. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED that City Clerk is hereby authorized to record said dedication and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April 2004, by the following vote: Vote Members Qfthe Ç!!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1-1 Civil Engineers. Surveyors t smp company EXHIBIT A STREET DEDICATION DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara City of Cupertino, Lot 60 as shown on that certain "Map of Las Palmas Monte Vista" which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in book "P" of maps page 17. A 10 feet wide strip ofland parallel to the westerly property line of Lot 60 (APN: 357-05- 029) for the purpose of street right of way described as follows: Beginning at the northwesterly corner of lot 60 , thence SOOo 07' OO"W 100.12' ; thence S89° 53'00"E 10.00'; thence NOOo 07' OO"E 100.12'; thence NS89° 53'OO"W. 10.00' to the point of beginning. 1;r A&'3- ðJ,;f¡~ 1211 Park Ave., Suite 208 San)osé.CA95126 . (408) 472-5062 (408) 287-8630 (fax) 9- .2 I I 'r ~ ~tdJ$5 I I ~ LOT 60 bl 0 ¡" !" '" Q) U) 10' STREET DEDICATION Ib 0 ¡" !" '" Q) U) POINT OF BEGINNING ~I '" --~ STREET CENTERUNE SAN LEANDRO AVENUE EXHIBIT B PLAT TO ACCOMPANY DESCRIPTION FOR STREET DEDICATION, NON SlTUS, SAN LEANDRO A VE~ CUPERTINO, CA 95014 APN: 357-05-029 . SMP COMPANY Civil En¡¡ineers - Land Surveyors 1211 Park Avenue, Suite 208 . San Jose, CA 95128 Tel. (408) 472-5062 Fox (408) 287-8630 DATE: 03-15-04 SCALE: 1"=20' JOB NO.: 23103 q~3 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 10 AGENDA DATE Aoril 5. 2004 SUBJECT AND ISSUE Authorization for the City Manager to Negotiate and Execute the Second Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District in the amount of $80,000.00 for a total agreement amount of $ 325,000.00, for the District to fund the efforts of the Watershed Protection Collaborative; and Authorization for the Director of Public Works to complete an additional encumbrance to the current agreement in an amount not to exceed $80,000.00 with CONCUR, Inc for the continued administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District. BACKGROUND On March 3, 2003, the Council authorized the City manager to negotiate and execute a reimbursement agreement with the Santa Clara Valley Water District (SCVWD) to fund the efforts of the Watershed Protection Collaborative in the amount of $90,000. In addition the Council authorized the Director of Public Works to negotiate and execute an agreement with CONCUR Inc. to manage and administer the Collaborative process in the amount of $90,000 conditioned on the approval of the SCVWD reimbursement agreement. On August 4, 2003, the Council adopted a Resolution supporting the Memorandum of Consensus (MOC) approved by the members of the Watershed Protection Collaborative. On August 5, 2003, the SCVWD Board of Directors approved a similar resolution and approved the continued funding of the Collaborative effort through the 2003-2004 fiscal year. The SCVWD has requested that the City of Cupertino continue to manage the CONCUR contract with an amendment to the reimbursement agreement with the SCVWD throughout that period. On September 2, 2003 the City Council authorization for the City Manager to Negotiate and Execute the First Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District in the amount of $155,000.00 for the District to fund the efforts of the Watershed Protection Collaborative. In addition authorization for the Director of Public Works to negotiate and execute an agreement in an amount not to exceed $155,000.00 with CONCUR, Inc for the administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District. Printed on Recycled Paper { ð-I Summary of CONCUR agreement Funding: Original Contract $ 90,000.00 First Amendment $ 155.000.00 Sub-Total $ 245,000.00 Proposed Second Amendment Total Contract $ 80,000.00 $ 325,000.00 Staff recommends that the City Council approve an additional encumbrance to the current agreement with CONCUR and an amendment to the SCVWD reimbursement agreement to fund the new contract for CONCUR's services. FISCAL IMPACT There is no fiscal impact as the CONCUR agreement is completely funded by the Santa Clara Valley Water District through the amendment to the reimbursement agreement. The SCVWD Board of Directors approved the additional funding of $ 80,000.00 at it's February 17, 2004 meeting. STAFF RECOMMENDATION Authorization for the City Manager to Negotiate and Execute the Second Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District in the amount of $80,000.00 for a total agreement amount of $ 325,000.00, for the District to fund the efforts of the Watershed Protection Collaborative; and Authorization for the Director of Public Works to complete an additional encumbrance to the current agreement in an amount not to exceed $80,000.00 with CONCUR, Inc for the continued administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District. Submitted by: Approved for submission: ~~~U"urt Director of Public Works ~ David W. Knapp City Manager rO-d-- City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. H Agenda Date: April 5, 2004 Subject: Consider the use of second program year (2004-05) Community Development Block Grant (CDBG) Funds and Begin Review of the 2004-05 Annual Action Plan. Recommendations: The CDBG Steering Committee recommends that the City Council approve the following allocations for the use of the 2004-2005 CDBG program funds and begin review of the FY 2004- 05 Annual Action Plan as required by the federal department of Housing and Urban Development (RUD). 2004-05 CDBG Allocation: Public Service Grants: $71,910.00 Catholic Charities - Long Term Care Ombudsman $0.00 CCS - Comprehensive Assistance Program $19,143.00 CCS- Rotating Shelter Program $25,000.00 Emergency Housing Consortium - Emergency Shelter $0.00 Live Oak Adult Day Services - Senior Adult Day Care $10,200.00 Second Harvest Food Bank - Operation Brown Bag $0.00 Senior Adults Legal Assistance - Legal Assistance $Il,667.00 Support Network for Battered Women -Domestic Violence $5,900.00 Construction! AcquisitionJRehab $290,990.00 Cupertino Community Housing for the Disabled - Le Beaulieu $216,900.00 Economic and Social Opportunities $45,000.00 Unallocated $29,090.00 Program Administration: $96,100.00 Administration $85,900.00 Mid-Peninsula Citizens for Fair Housing $10,200.00 Affordable Housing Fund: $65,000.00 CCS- Affordable Placement Program $65,000.00 TOTAL: $524,000.00 Agency will be funded through the General Fund Human Services Grant Program .. Agency will receive additional funding through the General Fund Human Services Grant Program I J--{ 2003-04 CDBG Allocation: Construction! Acq uisitionIRehab $273,100.00 Cupertino Community Housing for the Disabled - Le Beaulieu $233,100.00 Cupertino Community Services - Greenwood Court 4-plex $40,000.00 TOTAL: $273,100.00 Background: The City of Cupertino will receive a CDBG entitlement of approximately $459,000 for fiscal year 2004-05. This is Cupertino's second year as an entitlement jurisdiction receiving the CDBG grant directly from HOD. HOD regulations require that projects selected for funding benefit very low and low-income households, eliminate a blighted area, or address an urgent (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Examples of eligible activities are: . Removal of barriers to the handicapped . . Public improvements . Public service activities . Affordable housing developments Property acquisition for affordable housing Rehabilitation of affordable units Of the $459,000 entitlement Cupertino will receive, $96,100 may be used for administration of the program and fair housing services and $72,075 may be used to fund public service activities. Federal regulations do not allow the city to use more than 15% of the combined total of the entitlement and any projected program income for public service activities. Federal regulations also prohibit the use of more than 20% of the entitlement plus projected program income to be used for administration of the grant. Included in the program administration category are fair housing activities. Public service activities must benefit very low and low-income households and include activities such as childcare, placement services, senior legal services, etc. The remainder of the grant is available for activities such as the purchase of land for affordable housing, rehabilitation of qualifying units, construction of affordable units and public improvements in low and very-low income neighborhoods. Staff received two applications for this pool of CDBG funds. Request for Proposals: In late January, staff distributed a Notice of Funding Administration (NOFA) to approximately 45 non- profit organizations. Exhibit B is the mailing list used for the NOFA. Out of those organizations, 12 proposals were received. With the exception of Emergency Housing Consortium (EHC), all of the applicants will receive funding either through the CDBG program, the General Fund Human Services Grant program or the Affordable Housing Fund. EHC's program proposes to provide services to the same population served by the CCS Rotating Shelter Program. Due to budget constraints, staff does not recommend funding two organizations serving the same population. A brief description of each proposal, along with the CDBG Steering Committee recommendation, is included in Exhibit A. Detailed information on each request is provided in the attached applications. CDBG Steerinl! Committee: On February 18, 2003, the City Council approved a draft Citizen Participation Plan. In order to begin expending CDBG dollars the City is required to have a Citizen Participation Plan, Consolidated Plan and an Annual Plan in place. As part of the Citizen Participation Plan, the City formed a CDBG I;;..-:J.- Steering Committee. The Steering Committee is comprised of the Cupertino Housing Commission and the four appointed citizens. Currently there are two vacancies on the CDBG Steering Committee. The CDBG Steering Committee's responsibility is to evaluate the proposals received and forward funding recommendations to the City Council. On March 11, 2004 the CDBG Steering Committee met and conducted a public hearing on the FY 2004-05 CDBG funding allocation. The Committee heard presentations from all the applicants and recommended that the staff recommendation be forwarded to the City Council. FY 2004-05 Annual Action Plan: Federal regulations require that each entitlement jurisdiction prepare an Annual Action Plan and submit the plan no later than May 15th of each year. The Annual Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2004-2005) and their relationship to the priority housing, homeless and community development needs outlined in the approved Consolidated Plan. Furthermore, Federal regulations require the plan be made available for 30 days for public review and comment. The FY 2004-05 Annual Action Plan was released for public review on April I, 2004 for the 30-day review period. A notice was placed in the local paper informing the public of its availability and notices were sent to 30 non-profit agencies on the City's CDBG mailing list. On May 3, 2004 the City Council will hold a public hearing to approve the Annual Action Plan for submittal to HOD. In addition, the CDBG Steering Committee will also meet and discuss the plan on April 8, 2004. PREPARED BY, ~ ~ ~(, - L. V era G~iO~la~ner Steve Piasec " Director of Community Development APPROVED FOR SUBMITTAL: D~PP' Cj" M_" Attachments: Resolution No. 04- Exhibit A: Summary of Applications Exhibit B: CDBG and Annual Action Plan Mailing List Exhibit C: Funding Recommendations Table Applications for CDBG funding Fiscal Year 2004-05 Annual Action Plan [2- 3 DRAFT RESOLUTION NO. 04-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SUBMITTAL OF FUNDING PROPOSALS FOR THE rd (2004-05) PROGRAM YEAR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant program; and WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement Jurisdiction under said Act; and WHEREAS, the City of Cupertino understands that it shall receive $459,000 in CDBG funds; and WHEREAS, the City of Cupertino will be reallocating $273,100 from fiscal year 2003- 04; NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby certifies that the projects being proposed for funding meet the certifications outlined in Section 570.303 ofthe Community Development Block Grant Administrative Regulations; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the project proposals approved by the City Council to HUD: BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute the agreements for allocation of second program year (2004-05) Community Development Block Grant funds. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April 2004 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ! }.. -'{ EXHIBIT A SUMMARY OF CDBG AND AFFORDABLE HOUSING FUND APPLICATIONS PUBLIC SERVICE GRANTS: A. Catholic Charities of Santa Clara County Long Term Care Ombudsman Program 2004-05 Request: $5,410.00 Annual Goal: Provide advocacy for 296 unduplicated Cupertino residents and investigate and resolve 20 complaints. Project Description: Provide advocacy for Cupertino residents in long term care facilities to ensure they have a voice in their own care and treatment. The program will receive, investigate and resolve any complaints associated with the care of these long term care facility residents. Recommendation: $0 The program meets a high priority according to Table 2B of the Cupertino Consolidated Plan. This program was previously funded at this same level through the Human Services Grants program of the Cupertino General Fund. This year, the program will be funded at a reduced amount through the General Fund Human Services Grant program. B. Cupertino Community Services Comprehensive Assistance Program 2004-05 Request: $54,000 Annual Goal: Provide support services to 218 Cupertino households. Project Description: Cupertino Community Services has provided support services to the West Valley's low and very-low income households since 1973. Support services include a food pantry, clothing closet and rental assistance. Recommendation: $19,143 The agency provides necessary services to Cupertino residents. Since this activity is a medium priority need in the Cupertino Consolidated Plan, staff cannot recommend fully funding this activity. (2-) EXHIBIT A Cupertino Community Services Rotating Shelter Program 2004-05 Request: $25,000 c. Annual Goal: Project Description: Provide a maximum of 90 days shelter to 80 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and other support services to help stabilize the guest's long term housing situation. A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 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 finding transitional and permanent housing. 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 and Sunnyvale and has been successful at receiving County Emergency Shelter Grant funding. Staff recommends the City continue its commitment to the Rotating Shelter Program. Emergency Housing Consortium, Inc. Emergency Shelter Program 2004-05 Request: $4,000 D. Annual Goal: Project Description: Provide emergency shelter to 25 unduplicated Cupertino residents at emergency shelter facilities throughout Santa Clara County. Provide 2,000 nights of shelter and supportive services to meet the needs of 25 unduplicated homeless Cupertino residents. Recommendation: $0 Although the program meets a high priority according to Table 2B of the Cupertino Consolidated Plan, the City of Cupertino is already funding a homeless shelter program that serves Cupertino residents in the immediate area. {2-~ EXHIBIT A Because of budget constraints, staff does not recommend duplicating homeless services this fiscal year by funding two programs providing emergency shelter to Cupertino residents. E. Cupertino Senior Day Services Adult Day Care Sponsorships 2004-05 Request: $10,200 Annual Goal: Provide "scholarships" to six Cupertino low-income seniors enabling them to receive adult day care at the facility. Project Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting F. Second Harvest Food Bank of Santa Clara and San Mateo Counties Operation Brown Bag 2004-05 Request: $5,600 Annual Goal: Provide food allotments to 71 unduplicated Cupertino residents. Project Description: Provide brown bags filled with food donations to Cupertino seniors at Union Church of Cupertino. Recommendation: $0 The program meets a high priority according to Table 2B of the Cupertino Consolidated Plan. This program was previously funded at this same level through the Human Services Grants program of the Cupertino General Fund. This year, the program will be funded at a reduced amount through the General Fund Human Services Grant program. p-7 EXHIBIT A G. Senior Adults Legal Assistance 2004-05 Request: $12,000 Annual Goal: Serve 65 Cupertino seniors. Project 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: $11,667 Several years ago, the city council directed staff to work with SALA to increase their services and funding level. The Cupertino Senior Center has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the increased funding level. H. The Support Network for Battered Women Domestic Violence Services for Cupertino Families 2004-05 Request: $5,900 Annual Goal: Serve a total of 14 unduplicated Cupertino residents. Project Description: The Support Network operates Santa Clara County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city. CONSTRUCTIONI ACQUISITION/REHABILIT A TION PROJECTS: I. Cupertino Community Housing for the Disabled, Inc. Le Beaulieu Apartments 2004-05 Request: $450,000 Annual Goal: Rehabilitate 26 units of affordable housing. /~-ð Project Description: Recommendation: EXHIBIT A Le Beaulieu Apartments is located on Bianchi Way in Cupertino. The 27-unit complex serving the physically handicapped was constructed in 1984 with the assistance of the City of Cupertino and the County of Santa Clara CDBG programs. After 20 years, the apartrnent complex is in need of upgrades to the wheelchair ramp and lift, replacement of the siding, roof and general interior repairs. $450,000 ($233,100 from FY 2003-04 and $216,900 from FY 2004-05) The program meets a high priority according to Table 2A of the Cupertino Consolidated Plan by providing affordable housing opportunities to a special needs population. The City of Cupertino and the County of Santa Clara CDBG programs originally funded this development in 1984. The original loan has not been paid off and the staff will not be recommending deferral of this loan. J. Economic and Social Opportunities Housing and Energy Services Program 2004-05 Request: $45,000 Annual Goal: Project Description: Provide home improvement services to 20 Cupertino residents. Economic and Social Opportunities' Housing and Energy Services Program assists low and very-low income Cupertino residents with home maintenance and removal of code violations. Recommendation: $45,000 The program will provide a valuable service to the City of Cupertino since the city no longer has a rehabilitation program. Many applications for the current rehab program administered by the County of Santa Clara, are for small items such as grab bars and water heater replacements. Items such as these would be handled through this program. K. Cupertino Community Services Greenwood Court Rehabilitation Program 2004-05 Request: $60,000 Annual Goal: Rehabilitate four units of transitional housing. ( J.--1 EXHIBIT A Project Description: In 1996, the City of Cupertino assisted Cupertino Community Services in purchasing this four-plex on Greenwood Court in Cupertino. The units have been used as transitional housing for very-low income Cupertino households. The units are in need or plumbing, flooring and electrical repairs. The galvanized plumbing will be replaced with copper plumbing. Also, termite and water damaged flooring will be repaired. Recommendation: $40,000 The program meets a high priority according to Table 2A of the Cupertino Consolidated Plan by providing affordable housing opportunities to a special needs population. Staff proposed granting the $40,000 and making the remaining $20,000 a loan with favorable terms. However, the agency expressed an interest in only receiving the $40,000 grant. Although the $40,000 will be in the form of a grant, there will be a signed agreement specifying that if the property is every sold or converted to market rate housing, the city will be repaid the full $40,000. ADMINISTRA TIONIF AIR HOUSING: 1. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2004-05 Request: $10,200 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Project Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $10,200 The program will provide a valuable service to the City of Cupertino. Mid- Peninsula Citizens for Fair Housing has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having Mid-Peninsula Citizen's for Fair Housing continue the program. Staff would like to require that the agency be required to meet with local apartment managers annually to review fair housing law and provide informational meeting for tenants on fair housing. /L-{O EXHIBIT A AFFORDABLE HOUSING FUND: M. Affordable Housing Placement Program Cupertino Community Services, Cupertino 2004-05 Request: $65,000 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. Project 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 qualified applicants and provide services to those placed in the affordable units. The agency purchased a four- plex on Greenwood Court that serves as transitional housing for the Rotating Shelter Program. Recommendation: $65,000 (Affordable Housing Fund) 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. The city of Cupertino oversaw the Below Market Rate prograrn and monitored the BMR rentals at Forge-Homestead and Aviare Apartments. However, limited staff time made auditing the Aviare and Forge-Homestead programs impossible. Last year's $10,000 funding increase enabled CCS to devote a full-time employee to the program. This employee is responsible for auditing Aviare and Forge- Homestead Apartments, as well as handling all BMR ownership resale requests. The staff person 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. I.L-(l Mr. Richard Konda Asian Law Alliance 184 E. Jackson Street San Jose, CA 95112 Lisa Breen-Strickland Support Network for Battered Women 1975 W. EI Camino Real, Suite 205 Mountain View, CA 94040 Paul Tatsuta Economic and Social Opportunities 1445 Oakland Road San Jose, CA 95112 Kimberly Ferm Cupertino/Sunnyvale Senior Day Services 20920 McClellan Road Cupertino, CA 95014 Ann Marquart Project Sentinel 430 Sherman Ave, Suite 310 Palo Alto, CA 94306 Marjorie Rocha Mid-Peninsula Citizens for Fair Housing 457 Kingsley Avenue Palo Alto, CA 94301-3222 Beatrix Lopez Social Advocates for Youth 1072 De Anza Blvd., Suite A-208 San Jose, CA 95129-3531 Jaclyn Fabre Cupertino Community Services 10104 Vista Drive Cupertino, CA 95014 Georgia Bacil Senior Adults Legal Assistance 160 East Virginia, Suite 260 Street, San Jose, CA 95112 Barbara Galvan ARIS Project 380 North First Street, #200 San Jose, CA95112 Rick Crook Hope Rehab. Services 4351 Lafayette Santa Clara, CA 95054 Barry Del Buono Emergency Housing Consortium 150 Almaden Blvd., Suite 500 San Jose, CA 95113 Help House the Homeless 70 West Hedding Street, LL Wing SanJose,CA95110 Outreach and Escort, Inc. 97 East Brokaw Rd., Suite 140 San Jose, CA95112 Kay Walker Crippled Children's Society 2851 Park Avenue Santa Clara, CA 95050 Mary Rose Delgadillo Next Door-Solutions to Domestic Violence 1181 North Fourth Street, #A San Jose, CA 95112 Christie Hatten Housing for Independent People 888 North First Street #201 San Jose, CA95112 Concern for the Poor, Inc. 1590 Las Plumas San Jose, CA 95133 Legal Aid Society of SCC 480 North First Street San Jose, CA 95103-0103 Law Foundation SCC Bar Association 111 West St. John Street San Jose, CA 95113 EXHIBIT B NOVA 505 W. Olive Ave. Suite 600 Sunnyvale CA 94086 Curt Willig Occupational Training Institute/ DeAnza College 21250 Stevens Creek Blvd. Cupertino, CA 95014 Jody Hansen Cupertino Chamber of Commerce 20455 Silverado Avenue Cupertino CA 95014 Candace Capogrossi Housing Authority of Santa Clara County 505 W. Julian Street San Jose, CA 95110 Fran Wagstaff Mid-Peninsula Housing Coalition 658 Bair Island Road, Suite 300 Redwood City, CA 94063 Carol Galante BRIDGE Housing Corporation 1 Hawthorne St. San Francisco, CA 94105 Jeff Oberdorfer First Community Housing 2 N Second Street #1250 San Jose, CA 95113 Chris Block Charities Housing Corporation 195 E. San Fernando St. SanJose,CA95112 Bill Arnopp Bay & Valley Habitat for Humanity 888 North First Street, #215 San Jose,CA 95112 Ron Morgan Community Housing Developers 255 North Market St., Suite 290 San Jose, CA 95110 fJ---( J..... Asian Americans for Com. involvement 2400 Moorpark Avenue San Jose, CA 95128 United Way Silicon Valley 1922 The Alameda San Jose, CA 95126-1430 Neighborhood Housing Services Siiicon Valley 1156 North Fourth Street San Jose, CA 95112 Sobrato CET Center 701 Vine Street San Jose, CA 95110 Michelle Harper Support Network for Battered Women 444 Castro Street, Suite 305 Mountain View, CA 94041 Council on Aging 2115 The Aiameda San Jose, CA 95126 Northwest YMCA 20803 Alves Drive Cupertino, CA 95014 Community Foundation of Siiicon Valley 60 S. Market Street, Suite 1000 San Jose, CA 95113 Bob Campbeil Project Match 512 Valley Way Milpitas, CA 95035 Mari Eilen Reynoids Second Harvest Food Bank 750 Curtner Avenue San Jose, CA 95125 EXHIBIT B County Homeless Coordinator County Government Center, East Wing 70 West Hedding Street San Jose, CA 95110 Gertrude Welch 10605 Gascoigne Drive Cupertino, CA 95014 Betsy Arroyo Community Technoiogy Ailiance 115 Gish Road, Suite 222 San Jose, CA 95112 Donna DiMonico Long Term Care Ombudsman Program Catholic Charities of Santa Clara County 2625 lanker Road San Jose, CA 95134 I J--{ 3 City of Cupertino Community Development Block Grant (CDBG) Program Funding Recommendations FY 2003/04 EXHIBIT C CDBG Admin Amount (20% of entitlement + projected income): Public Service Amount (15% of entitlement + projected income): Construction/Acquisition/Rehab: Entitlement Amount: Projected Program Income for 2004-05: Reprogrammed funds from 2003-04: (Available for construction/rehab): Affordable Housing Fund amount avail.: Total all sources: $9£,100 $72,075 $290,825 $459,000 $21 ,500 $273,100 $6S,000 $797,100 Talí_::'1?' Aoenoìr/Piô eel Reéê, - lieS\! ",$4lO5.V~\,* Staff:R"":;':"" CH<;IJ!eè- Pubtlc Service ADDlications A Catholic Charities of Santa Clara County Lono Term Care Ombudsman Program $0 $5,410 $0 $0 B Cupertino Community Services Comprehensive Assistance Proaram $8,333 $S4,000 $19,143 $19,143 C Cupertino Community Services Rotatino Shelter Prooram $25,000 $25,000 $25,000 $25,000 0 Emergency Housing Consortium Emeroencv Shelter Prooram $0 $4,000 $0 $0 E Live Oak Adult Day Services Senior Adult Dav Care $10,200 $32,200 $10,200 $10,200 F Second Harvest Food Bank of Santa Clara County Operation Brown Bao $0 $5,400 $S,400 $0 G Senior Adults Legal Assistance Leoal Assistance for Cupertino Elders $11,667 $12,000 $11.667 $11,667 H Support Network for Battered Women Domestic Violence Services for Cupertino Families $~~I $5,900 $5,900 $5.900 Totals far Public Service Activities $143.9~ $77.310 $71,910 C"ñsli:UòllôíVAðâbl¡¡ItIDl1IRehiìtJ. I Cupertino Community Housing for the Oisabled LeBeaulieu Rehabilitallon $0 $450,000 $450,000 $4S0,000 J Economic and Social Opportunities Housing and Energy Services Program $45,000 $45,000 $45,000 $4S,000.00 K Cupertino Communitv Services - Greenwood Court $0 $60,000 $40,000 $40,000.00 Unallocated Amount (FY2004-05) $29,090.00 Total Construction/ACQuisitIon/Rehab $45,000 $564,090 Admb\lstriìtl"rilFå!r!HôU¡¡lo ;" ':'í ~ L Mid Peninsula Citizens for Fair Housine $10,200 $10,200 Cupertino Public Administration Costs $81,600 $8S.900 $85,900 Total AdmlnJFair Hauslno $91,800 $96.100 Affbidalilè!Hi:!ifsliìb;G!îí\ -- M Cupertino Community Services Affordable Placement Pronram $65.000 $65,000 $65,000 $65,000 Total Affordable Heuslno Fund $65.000 $65,000 $65,000 $65,000 $233,100 from 2003-04 and $216,900 for 2004-05 TOTAL ALL FUNDING SOURCES $797,100 --. ~ 1 ~ '~L:C ¿. ~C. STANDARDIZED APPLICATION FOR FUNDItl$:.' .'.~.:.;~~T:2~DJ APPLICANT ORGANIZATION: Date: February 25, d(j)~>f' ~- CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. Agency Name: Catholic Charities of San Jose, dba Catholic Charities of Santa Clara County Street Address: 2625 Zanker Rd, Suite 200 City: San Jose State & Zip: 95134-2107 EXECUTIVE DIRECTOR: Diane Saiqn Signature: I~,~J;'~ Phone No: (408) 468-0100 Fax No: (408) 944-0275 E-Mail: dsaiqn@ccsi.orq 2. PROJECT NAME: Lonq Term Care Ombudsman Proqram Brief Project Description: The Program will provide advocacy for 296 residents in Cupertino's long term care facilities to ensure they have a voice in their own care and treatment. The Program will receive investigate and resolve complaints. Ombudsmen provide community contact through regular visitation to the facilities, providing elderly, frail, vulnerable, chronically ill, and socially isolated residents with an opportunity to develop confidential relationships and create an environment for safely registering complaints. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Seniors Project Address/Location: 2625 lanker Road, Suite 200 San Jose, CA 95134-2107 CONTACT PERSON/TITLE: Donna DiMinico, Proqram Manaqer Phone No: (408) 944-0567 x261 Fax No: (408) 944-0776 E-Mail: donnad@ccsi.orq 3. FUNDS REQUESTED: $5.410. Total Project Costs $456.714 Is this a Public Service Project: Yes L No- Cost Per Service Unit or Per Client: $18.27 Funds Requested from Cupertino in FY 03/04: ~ Funds Received in FY 03/04: $0 Number of proposed unduplicated Cupertino beneficiaries: 296 Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median ll1come: 0-30% (Extremely low) 195 31-50% (Velylow) 4 51-80% (low) 51 Office of Affordable Housing Standardized Application for Funding FY 04/05 ( 2- -f ') I. 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). The Long Term Care Ombudsman Program will provide advocacy on behalf of the residents in the City of Cupertino's nine (9) long term care facilities, 3 Nursing Facilities (NFs) and 6 Assisted Living/Residential Care Facilities for the Elderly (RCFEs) to ensure these residents have a voice in their own care and treatment. The Program will receive, identify, investigate, and resolve complaints (20/yr), including violations of personal rights and allegations of elder abuse and mistreatment for the primarily elderly (60+) and chronically disabled residents (296). Our clients are in the presumed benefit categories of seniors (85%) and persons with disabilities (15%). As independent advocates, certified Ombudsmen provide community contact through regular visitation (56/yr) to long term care facilities, providing frail, vulnerable, chronically ill, and socially isolated residents with the opportunity to develop confidential relationships and to create an environment for safely registering complaints. Regular Ombudsman visitation will promote an improved quality of care and positively influence the resolution of complaints, promoting and protecting residents' rights. Residents will be better able to enhance their quality of life by recognizing violations of their personal rights and by exercising the right to intervention by an Ombudsman to mediate fair resolution of such problems. The Program is a unique and unduplicated provider of services to residents of Cupertino's licensed long term care facilities, with legal access to facilities and residents 7 days/week. The Program is also distinct in its community volunteer component. In FY 03-04 In-Kind volunteer contributions were estimated at The Program will raise community awareness of its services, of issues of importance to long term care residents and of trends in long term care through outreach and education (lIyr). Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the u ose and ob'ective meet the riorit needs. OMBUDSMAN PRESENCE Regular Ombudsman visitation will promote an improved quality of care and positively influence the resolution of complaints, em hasizin the rotection of residents' ri hts. COMPLAINT INVESTIGATION The regular presence of Ombudsmen will provide frail. vulnerable, chronically ill Cupertino residents the opportunity to develop confidential relationships and create an environment for safely registering complaints. Residents will be better able to recognize violations of their personal rights and enhance their quality of life by exercising the right to intervention by an Ombudsman to mediate fair resolution of roblems. COMMUNITY EDUCATION Residents, providers and the community at The Program will deliver a community education presentation iarge will gain greater understanding of long on iong term care trends or issues. term care issues and trends through a resentation b the Pro ram. The Program's clients are in the presumed benefit categories of seniors (85%) and persons with disabilities (15%). The City's Consolidated Plan identifies Senior Services as funding priority category in Public Services. Office oj Affordable Housing 5. PROJECT PURPOSE AND OBJECTIVES: The Program will demonstrate and maintain an ongoing presence to residents in Cupertino's long term care facilities through a sufficient number of trained and certified Ombudsmen. Program will advocate for fair resolution to problems on behalf of Cupertino's long-term care residents by responding to and conducting thorough complaint investigations. Standardized Application for Funding FY 04/05 { L -{ ~ 2 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. The Program Manager/Director oyersees daily operations, including the monitoring of facility coverage and complaint investigation by paid and volunteer certified Ombudsmen. Field Ombudsmen receive, identify, investigate, and seek resolution of complaints made by or on behalf of residents in long term care facilities. This position's focus is advocacy for the institutionalized. Program Assistant position's primary purpose is to provide comprehensive administrative support services to the Program Manager, staff and volunteers, and to conduct detailed telephone intake of complaints and reports of elderldependent adult abuse complaints. Volunteer Supervisor recruits, trains, supervises and supports Long Term Care Ombudsman volunteers. The CA Long Term Care Ombudsman volunteer has the following responsibilities: receive, identify, investigate, and resolve complaints, ensure a ongoing presence at long term care facilities, and address patterns of poor practice. The Ombudsman Staff assigned to this activity will be the Program Manager, one Field Ombudsman, Program Assistant (Office), Program Assistant (Contracts), and Volunteer Supervisor. The Program Director will provide supervision for paid staff; the Volunteer Supervisor will directly support the certified Ombudsmen volunteers. To measure the effectiveness of our services, the Program Manager/Director will review objectives and service plan on a quarterly basis. Ombudsmen are required to submit a Monthly Activity Summary Form documenting the number of facility visits, number of unduplicated resident contacts, and hours. Ombudsmen also submit CaselComplaint Report Forms for each complaint opened, investigated, and the disposition/resolution identified. This documentation will be reviewed and analyzed in relationship to objectives on a monthly basis by Volunteer Supervisor andlor Program Manager/Director. We will continue to determine the resident/complainant's satisfaction with the findings of our investigations and the resolution by personal interviews and telephone and mail surveys. These measurement tools will determine how well we are meeting our goals and whether we are effective in our advocacy. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. Ifpreviously funded, what where the goals and accomplishments of CDBG projects. Catholic Charities serves and advocates for families and individuals in need, especially those living in poverty. Rooted in gospel values, we work to create a more just and compassionate community in which people of all cultures and beliefs can participate. Catholic Charities clientele include frail elderly, youth-at-risk, single parent and kinship care families, individuals with disabilities and mental illness, and those newly settled in this county Catholic Charities has held the contract to provide Long Term Care Ombudsman Services in Santa Clara County for over 20 years. In recent years, the Program has received funding from the City of Cupertino's Human Services Program. Measurable objectives have been met or exceeded for those contracts. During FY 02-03, the Long Term Care Ombudsman Program contacted 244 unduplicated residents, conducted 57 site visits, investigated and resolved 45 complaints, including 37 personal rights, 1 quality of care, and 5 quality of life issues. Office of Affordable Housing Standardized Application for Funding FY 04/05 {:L -(1 3 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified finding or concerns. The audit of Catholic Charities of San Jose dba Catholic Charities of Santa Clara County, for the period ended June 30, 2003, was completed by Grant Thornton LLP on 9/12/03. There were no findings. 9. OTHER SOURCES OF FUNDS ANTICAPTED FOR THIS PROJECT': SOURCE ESTIMATED AMOUNT STATUS2 City of Cupertino 5,410 This Aoolication Other CitiesfTowns: Campbell, Gilroy, 143,197 Applications submitted Los Altos, Los Gatos, Milpltas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnvvale State and Federal 277,394 Anticipated Renewal Older Americans Act Funding, CA State Ombudsman AuCimentation United Way 2,915 Anticipated Renewal Fees for Trainings/Materials 4,295 Anticipated Revenue Fund Raising, Donations 20,588 Anticipated Revenue Catholic Charities Community 2,915 Anticipated Renewal Contribution ESTIMATED TOTAL PROJECT COST: $456,714 (Should equal total project cost on cover page) 'Include all sources offunds including CDBG allocations. 'Should indicate the status of commitment of funding source, i.e. secured, committed or applications with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Application for Funding FY 04/05 (2 -[ ~ 4 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Catholic Charities of San Jose dba Catholic Charities of Santa Clara Counl\' DATE PREPARED February 25.2004 PROJECT NAME Lonq Term Care Ombudsman Proqram Specific Activities Products or Milestones to be Benchmarks or Beneficiaries accomplished For Each Quarter (Use Specific Numerical Data When Quantify When Possible Possible) 1st 2nd 3rd 4th TOTAL OMBUDSMAN PRESENCE Regular Ombudsman visitation will promote an Contact 296 unduplicated residents 74 74 74 74 296 improved quality of care & treatment and the protection of residents' rights. The regular Conduct 56 facility site visits 14 14 14 14 56 presence of Ombudsmen will provide frail, vulnerable, chronically ill Cupertino residents the opportunity to develop confidential relationships and create an environment for safely registering complaints. COMPLAINT INVESTIGATION Ombudsman ongoing availability to residents will facilitate residents' ability to recognize Investigate and fairly resolve 20 complaints 5 5 5 5 20 violations of their personal rights and enhance their quality of life by exercising the right to intervention by an Ombudsman to mediate fair resolution of problems. COMMUNITY EDUCATION Residents, providers and the community at Deliver 1 community education presentation 1 large will gain greater understanding of long 1 term care issues and trends through a oresentation bv the Proqram. " ~ Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 5 --... ~ ( ~ c::;, 11. BUDGET For Amount Requested FY 2004/2005 AGENCY NAME Catholic Charities of San Jose, dba Catholic Charities of Santa Clara CountvDATE PREPARED February 25, 2004 PROJECT NAME Lon~Term Care Ombudsman ProGram CATEGORY BUDGET FOR YEAR SALARIES: Personnel 3,500 Benefits 976 OFFICE EXPENSE: Rent 300 Telephone/Fax 90 Printing 25 Travel 50 Utilities Office Supplies 25 Postage 25 Equipmeut Maiuteuauce !Repair Staff Developmeut :Vol. Recog. 30 MIS /Admiu 389 PROJECT EXPENSES: Accounting Services Auditing Fees Insurance Davis Bacon Comnliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architectural/Design AcQuisition TOTAL: 5,410 Office of Affordable Housing Standardized Application for Funding FY 04/05 fi ~ .~ CITI m: CUPERTINO - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PRO(:>RJXI'ii'lCfi',TVED SECOND YEAR FUNDING CYCLE FY 2004/2005 i --~Q ~? 7 7004 STANDARDIZED APPLICATION FOR FUNDING _i3}'; 1. APPLICANT ORGANIZATION: DATE: February 26, 2004 Agency Name: Cupertino Community Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 Signature: Email: iaclvnf@cupertinocommunitvservices.or2 Phone No: 2. PROJECT NAME: Affordable Housing Program Brief Project Description: CCS has successfully implemented the Affordable Housing Program for the City of Cupertino for the past twelve years. The CCS Affordable Housing Program consists of administering the Cupertino Below Market Rate (BMR) Rental Program and Sales Program. as well as the management of CCS Transitional Housing Program. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Affordable Renter units for all size households (0-30% H) (30-50% H) (50-80% L); Affordable Owner units (0-30% H) (30-50% M) (50-80% L). Project AddresslLocation: 10104 Vista Drive. Cupertino 95014 CONTACT PERSONITITLE: Erica HeadleylDirector of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cupertinocommunitvservices.org 3. FUNDS REQUESTED: $65,000 Total Project Costs: $229.500 Is this a Public Service Project: Yes X No 0 Cost Per Services Unit or Per Client: $51O/application Funds Requested from Cupertino in FY 03/04: $25.000 Funds Received in FY 03/04: $25.000 Number of proposed unduplicated Cupertino beneficiaries: 218 families annuallv Number of proposed un duplicated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) 15% 31-50% (Very low) 50% 51-80% (Low) ~ Offiee of Affordable Housing Standardized Appliea/;ollfor Fundillg FY 04/05 (.2..-1-( 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICA TED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographical boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). According to the City of Cupertino General Plan, it is estimated that 1,547 households in Cupertino are considered "very-low income" and 801 households are "low-income". Overall, it states that in 2001 at least 1,651 of these lower income households are "overpaying" for housing (paying more than 30% of their income). Many residents are one paycheck away from homelessness; increasingly, professionals find themselves in this situation. Cupertino Community Services, Inc. (CCS) provides a addresses the needs for affordable housing available to the homeless to moderate-income members in our community. CCS has successfully implemented the Affordable Housing Program for the City of Cupertino for the past twelve years. The CCS Affordable Housing Program administers the Cupertino Below Market Rate (BMR) Rental Program and Sales Program, as well as owns and manages the CCS Transitional Housing Program. The BMR Rental Program places low and very low income residents in over 115 BMR rental units. CCS documents eligibility and maintains an open working waiting list for prospective tenants. CCS re- qualifies all tenants on the anniversary of their move-in date or when the HUD guidelines are announced. CCS also screens and places eligible seniors into affordable units identified by the City. Currently, CCS manages 10 units at Chateau Cupertino and provides subsidies for very low incom. seniors to allow them to stay at The Chateau. CCS' Housing Services Program Director also conductò annual audits of the 37 units and two Cupertino BMR complexes not directly managed by the CCS office. The BMR Sales Program identifies, qualifies and places median and moderate income home buyers. CCS qualifies and maintains a waiting list for future sales projects. Cupertino is scheduled to have 16 units come up for sale in the next fiscal year. CCS also administers any resale of BMR purchased units to appropriate qualified buyers. CCS staff conducts annual residency verifications and audits. The Transitional Housing Program is a four-plex that houses up to 22 homeless men, single mothers and children. Successful graduates of the Rotating Shelter Program and referred women and children qualify for this program for a maximum of two years. CCS provides on-going intensive case management, supervision and resources to ensure the progress of these tenants in becoming self sufficient. CCS creates and distributes outreach materials to publicize the availability of all Affordable Housing Programs. CCS staffprovides annual updated BMR infomwtional brochures and statistical infomwtion to the City and the public. Staff works with the Housing Commission to ensure that the Program follows City goals and objectives on a continuous basis. . Do to the nature of the affordable housing crisis in the Silicon Valley, ccs not only works to place households in the BMR Program but offers case management to find appropriate housing for all populations. Office of Aff'o,dable Housing Standardized Application for Funding FY 04/05 2 [.2. - 2-1- 5. PROJECTPURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs. Each potential participant is carefully screened to ensure they qualified based on the guidelines set by the City of Cupertino. The Affordable Housing Program objectives are: 0 To provide & maintain an adequate supplv of residential units for all economic seKments; 0 To provide support to the City of Cupertino to meet their I!oals for affordable housinl!; 0 To advocate for housinl! that is affordable for a diversity of Cupertino households; 0 To assist the palticipants with findinl! secure housinf!. CCS' annual project outcomes are: 0 115 BMR rental units will be occupied; 0 16 qualified homebuvers will be placed in the upcomÏtlf! BMR sale units. 0 All BMR rental units & sales homes will be verified annuallv; 0 22 homeless men, women & children receive shelter & case manaf!ement in the Transitional Housinf! Prof!ram. 60% will find stable housinK upon leavinf! the Transitional Housinl! Prof!ram. CCS' Transitional Housing and the Cupertino Below Market Rate Program further the goals stated in the Cupertino General Plan: Goal A - An adequate supply of residential units for all economic segments; Goal B - Housing that is affordable for a diversity of Cupertino households. 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. Director of Housing Services (95%); manages all aspects of the Affordable Housing Program; conducts intake, assessment and placement of applicants; maintains suitable waiting list; develops and publish outreach materials; ensures compliance with local, state andfederal regulations; maintains statistics for reports and funding; completes funding requests and reports; conducts annual audits & trainings; advises City staff & Housing Commission on Program and community trends/needs; provides support services: volunteer coordination, community outreach, community relations. Program Manager (40%); manages day-to-day operations of Transitional Housing Program; provides on-going case management. Case Manager (75%); assists in the administering of the Affordable Housing Program; provides on- going case management. Office of Affordable Housing 3 Standardized Applicatioll for Fundillg FY 04/05 {J.. ~1-3 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of CDBG projects. For the past 30 years, CCS has been the primary source of emergency services for families and individuals in the West Valley area, which consists of West San Jose, Cupertino, Los Gatos, Monte Sereno and Saratoga. Programs include a Food Pantry, Clothing Closet, Emergency Cash Assistance, Homeless Shelter, Transitional Housing and Below Market Rate Housing. Each year, over 3,000 individuals utilize CCS' programs. CCS has successfully implemented the Affordable Housing Program for the City of Cupertino for the past twelve years. The CCS Affordable Housing Program consists of administering the Cupertino Below Market Rate (BMR) Rental Program and Sales Program. During the last fiscal year, the BMR Rental Program increase it's inventory by 59%. CCS successfully placed 40 new households. CCS also qualified 11 homebuyers and is currently working to close escrow on the final homes as they are completed. CCS is a community based organization and places an emphasis on community involvement. We seek the feedback from the service population with periodic client surveys. Case managers receive input from clients and share them with all program staff on a regular basis. Additionally, CCS is a small agency where Program Directors and the Executive Director come in daily contact with clients. This allows for direct community communication with CCS management. Through immediate and ongoing assistance and the «continuum of care, " CCS will continue to improve, the general welfare of all economic segments and the diversity of our service area. 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. We received a clean audit with no accompanying management letter for the fiscal year 2002/2003. Office of Affordable Housing 4 Standardized Appllcatlonfor Funding FYO4105 ( L-)}{ 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS City of Cupertino-CDBG 65,000 Pending HUD 41,899 Pending Salvation Army 1,200 Committed CCS . Transitional Rental 40,000 Anticipated Income CCS - Reserves 81,401 Anticipated ESTIMATED TOTAL PROJECT COST: $229.500 (Should equal total project cost on cover page) 1 Include all sources of funds including CDBG allocations. 2 Should indicate the status of coITUnitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Applica/ion for Funding FY 04/05 5 11-15 CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Cupertino Community Services PROJECT NAME Affordable Housing Program DATE PREPARED February 26,2004 Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantifv When Possible 1st 2nd 3rd 4th TOTAL . Provide PR for BMR Program. . To be done on an as needed on- going basis. ( minimum of four annually) X . Update informational packets . To be done annuallylto follow HUD annually (i.e. application, trifolds, release dates X website, etc.). . Distribute packets to appropriate . To be done annuallylto follow HUD locations (i.e. library, City Hall, school release dates X districts, Community Centers, etc.). . Process applications (inc. . Keep adequate households for interviews and re-certifications). vacancies. X . Maintain active waiting list and all . To be done annuallylto follow HUD X units occupied. release dates. . Audit participating rental . On-going. complexes and sale units. Work wilh the Housing Commission for advocating according to the City goals for affordable housing. . Provide shelter & case 22 homeless men, women & children 5 5 5 8 23 management. will receive shelter & case management. ~ I ~ Office of Affordable Hausing F- Standardized Application for Funding FY 04/05 BUDGET For Amount Requested FY 200412005 Agency Name: Cupertino Community Services Date Prepared: February 26, 2004 Project Name: Affordable Housing Program -- ~ ~ ,...:, CATEGORY BUDGET FOR YEAR SALARIES: Personnel $50,000 Benefits OFFICE EXPENSE: $15,000 Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment Maintenance/Repair PROJECT CONSTRUCTION: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturaVDesign Acquisition TOTAL: $65,000 Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 7 ~ ,~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 R. }1-:Cl....~..TV. fi..:j Fm '! 7 iili!4 BY: -_._--~-- DATE: Februarv 26. 2004 STANDARDIZED APPLICATION FOR FUNDING APPLICANT ORGANIZATION: 1. Agency Name: Cupertino Communitv Services Street Address: 10104 Vista Drive e Zip: 95014 Signature: Phone No: Emai . iaclvnf@cuDertinoeommunitvservices-org 2. PROJECT NAME: Comprehensive Assistance Program Brief Project Description: The Comprehensive Assistance Program provides basic needs support to 3.000 extremelv low to low-income West Vallev residents. Cupertino residents and homeless individuals comprise of 45% of CCS client population. Services include food. clothing. shelter. emergencv cash assistance. informationlreferral and case management. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Food. Clothing and Other Basic Needs eM) The Cupertino Consolidated Plan states an unmet prioritv need of 1.910. Project AddresslLocation: 10104 Vista Drive. CupertinolVarious Host Congregations CaNT ACT PERSONrrITLE: Erica HeadlevlDirector of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: erieah@cuoertinoeommunitvserviees.org 3. FUNDS REQUESTED: $54,000 Total Project Costs: $327.122 Is this a Public Service Project: Yes X No 0 Cost Per Services Unit or Per Client: $1O9/client Funds Requested from Cupertino in FY 03/04: $74.000 Funds Received in FY 03/04: $62.333 Number of proposed unduplicated Cupertino beneficimies: 3.000 homeless or low-income individuals Number of proposed unduplicated Cupertino beneficiaries at or below cun-ent countywide median income: 0-30% (Extremely low) 80% 31-50% (Very low) 16% 51-80% (Low) ~ Office oj Affordable Housing Standardized Applieatiou Jor Funding FY 04/05 {l.-Ltt 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographical boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). In fiscal year 2004-2005, Cupertino Community Services' Comprehensive Assistance Program (CAP) will serve over 3,000 extremely-low to low-income residents and homeless people from West Valley area, including Cupertino, West San Jose, surrounding areas, De Anza (allege students, and families in the Cupertino School District. The CAP Food Pantry, staffed by community volunteers, will distribute over 150,000 pounds offood to 3,000 very-low and low-income individuals. Clients can visit the food pantry on a weekly basis. Services are tracked in a central database. Food sources include Second Harvest Food Bank, USDA food program, community food drives and local groceries stores. CAP also solicits from the community and distributes special need items such as fresh vegetables and holiday food baskets. Vouchers are available for dietary and ethnic specific needs. Additionally, we will utilize volunteer resources to increase food pantry operating hours-from 5 hours to 6 hours every day. The CAP Clothing Closet will provide used clothing and household items to 1,500 clients at no cost. The clothing closet will also have areas for career clothes to serve individuals who are working or seeking employment. Additionally, a special area will be dedicated to mothers and infants including baby food, diapers, and clothing. Vouchers to the Salvation Army Thrift Store will be issued for items not available in our Clothing Closet. The CAP Emergency Cash Assistance service will provide over $100,000 in direct assistance and vouchers for rental assistance, deposits, utilities payments, clothing. medical expenses, hotel/motel and transportation to 400 households. CCS administers funds provided by United Way Emergency Assistance Network, PG&E Reach, Northern California Grantmakers. FEMA, EHAP, The Salvation Army, St. Joseph's Catholic Church Outreach Fund, Assistance League and the Housing Industry Foundation. Case managers work closely with individuals and families to determine qualifications, needs and capabilities to stabilize. Cash assistance is not for on going support but to help people who face unexpected financial setbacks. The one-time financial assistance prevents the destabilization of individuals and households with critical needs. In addition to meeting the basic physical needs of our clients, CCS also offers a variety of unique holiday programs. During the December holidays. CAP Adopt-a-Family program channels the generosity of the community to those in need. Staff matches families who have little with which to celebrate the holidays. to those who want to share what they have with others. Other seasonal programs include back to school shopping spree, summer camps, and backpack giveaway programs. Over $100,000 of in-kind gifts will be leveraged to benefit participants. All ofCCS' services and outreach efforts are available in English. Spanish, Vietnamese, Chinese and Russian. CCS continues to recruit linguistically diverse staff and volunteers to ensure our accessibility to the diverse population that we serve. Office of Affordable Housing 2 Standardized Application for Funding FY 04/05 {L- 3D 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs. According to the San Francisco/Bay Area Housing Crisis Report Card published in June 2002 by The Non-Profit Housing Association of Northern California and the Greenbelt Alliance, afulltime worker must eam $27.36 an hour in order to afford a 2-bedroom apartment in the Bay Area. This equals to approximately a $56,900 annual salary. The average household income for people seeking services at CCS is approximately $25,000. Many of the households served are working poor. While they have a difficult time making ends meet, they may not necessarily qualify for public assistance. CCS is their primary source of basic support. The United Way Trends Report states that one-fifth of all households in Silicon Valley have trouble achieving economic self-sufficiency due to the high cost of living. CCS programs and services represent a regional approach and is recognized in the City of Cupertino 2003-2005 Consolidated Plan as "necessary services to Cupertino residents" to prevent "at-risk" individuals and families from becoming homeless. The goal of the program is to help individuals and families become stabilized or to prevent them from becoming destabilized. The Food Pantry will distribute over 150,000 pOLmds offood to 3,000 very-low and low-income individuals. The Emergency Cash Assistance service will provide over $100,000 in direct assistance and vouchers to 400 households. The Seasonal programs, including back to school shopping spree, summer camps. and backpack giveaway programs, will leverage over $100.000 of in-kind gifts to 300 benefit participants. CCS is the main provider of critical basic human services to West Valley communities. The majority of CCS clients are single mothers and their children. 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. Program Director (100%): ensure Program compliance with funders and CCS policies and procedures; case management; analyze case records; maintain program statistics and produce reports; maintain ;n- kind donation network; monitor and distribute direct assistance cash fund; solicit community resources. Program Manager (100%): perform client intake and annual re-certification; provide on-going case management; manage all seasonal special programs. Program Assistant (50%): manage day-to-day operation of the Food Pantry & Clothing Closet; assist with client intake & information referrals. Volunteer Manager (50%): volunteer recruitment, training and scheduling; community outreach and community relations. The Executive Director (10%), Bookkeeper (15%): Provide operational and administrative support. Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 3 (2--3 ( 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a blief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of CDBG projects. CCS has been serving the community for 30 years. CAP uses best practices to achieve our results. CCS consistently surpasses program goals and milestones. During the last fiscal year 2002-2003, CCS served 3,635 individuals, a 26% increase over the previous year; distributed the $121,040 in vouchers and cash assistance; distributed 202,452 pounds offood. In a recent CCS client survey, 74% reported that they "strongly agree" there has been a drastic improvement in their lives as a result of their contact with CCS. The success of the program is that we are able to respond in a timely manner to the multitude of clients' emergency needs. ranging from food to permanent housing. CCS has been supported by the City of Cupertino for many years through the Human Services General Fund in the amount of $54,000, During 2002/2003, the City of Cupertino recognized that over the previous two years the demandfor services increased by 43%; because of this we were granted additional funding through CDBG. The total Program budgetfor CAP is $327.122. We are requesting 16%from the City of Cupertino in the amount of $54,000 to fund CAP. We have a dedicated staff working on this project. The CCS staff is diverse and represents the community that we serve. Staff language skills include English, Spanish, Vietnamese, Chinese and French. The fund will be used to support staff salaries and benefits. 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concems that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concems. We received a clean audit with no accompanying management letter for the FY 2002/2003. Office of Affordable Housing 4 Standardized Applicatianfor Funding FY 04/05 {J...- 3:;.... 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS Cupertino CDBG 54,000 Pending City of San Jose 80,780 Committed United Way-EAN 18,160 Pending Salvation Army 43,000 Committed FEMA 12,000 Committed Corporations 20,000 Anticipated Individuals & Groups 29,000 Anticipated CCS Reserve Funds 70,182 Anticipated ESTIMATED TOTAL PROJECT COST: $327.122 (Should equal total project cost on cover page) 1 Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured. committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Applicotionfor Funding FY 04/05 5 (1--33 CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Cupertino Community Services DATE PREPARED February 26,2004 PROJECT NAME Comprehensive Assistance Program -- }c> , \.-J .....t.. Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1st 2nd 3rd 4th TOTAL . Provide ongoing support through . 3,000 individuals annually. 750 750 750 750 3,000 a food pantry, clothing closet and seasonal programs. . 150,000 pounds of food will be 37,500 37,500 37,500 37,500 150,000 . Provide vouchers for distributed transportation, clothing, medical needs, baby & new mother needs. . $100,000 direct assistance cash $25,000 $25,000 $25,000 $25,000 $100,000 . Provide emergency cash and vouchers will be distributed assistance to decrease eviction, utility shut-ofts, and unmet medical needs. . 400 households will receive 100 100 100 100 400 emergency vouchers or cash . Provide a variety of volunteer assistance. opportunities for the community. Office of Affordable Housing Standardized Application for Funding FY 04/05 f, BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino CommunÜY Services Date Prepared: Februar'L2Q, 2004 Project Name: Compreb~Ilsive Assistance Program CATEGORY BUDGET FOR YEAR SALARIES: Personnel $54,000 Benefits OFFICE EXPENSE: Rent TelephonelFax Printing Travel Utilities Office Snpplies Postage Equipment Maintenance/Repair PROJECT CONSTRUCTION: Acconnting Services Anditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturallDesign Acquisition TOTAL: $54,000 }--> , L.>-oJ Vì Office of Affordable Housing Standardized Application for Funding FY 04/05 7 ~ ~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 HECETVED ST ANDARDIZED APPLICATION FOR FUNDING APPLICANT ORGANIZATION: T-R 2, 7 700~ 1. Agency Name: Cupel1ino Community Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 are Signature: Phone No: 2. PROJECT NAME: Rotating Shelter Program Brief Project Description: The Rotating Shelter Program provides shelter. meals. intensive case management and a wide variety of support services. The Shelter Program can accommodate fifteen (15) participants per night and participants can stay for up to ninety (90) days. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Special Needs Housing- Homeless (H); Employment Training (H); Food. Clothing and other basic needs (M); Transportation Services (M) Project AddresslLocation: 10104 Vista Drive. CupertinolVarious Host Congregations com ACT PERSONITITLE: Erica HeadleylDirector of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cuperlinocommunitvservices.org 3. FUNDS REQUESTED: $25,000 Total Project Costs: $144.178 Is this a Public Service Project: Yes X No 0 Cost Per Services Unit or Per Client: $26.69/client per night Funds Requested from Cupel1ino in FY 03/04: $25,000 Funds Received in FY 03/04: $25.000 ) Number of proposed unduplicated Cupertino beneficiaries: 80 homeiess annually ( Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median'-~ þ~1 income: 0-30% (Extremely low) 100% 31-50% (Very low)- 51-80% (Low)- Office of Affordable Housing Standardized Application for Funding FY 04/05 ( J-,- s'1 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICA TED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographical boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 ~)ler income fauúlies, 25 homeless persons, 100 lower income households, etc.). YCupertino Community Services, in collaboration with an alliance of religious congregations known as, 'cy "Faith in Action," began operation o/its Rotating Shelter Program in August 1991. The Rotating ~ Shelter Program provides shelter, meals, intensive case management and a wide variety of support 'f) services. The Shelter Program can accommodate fifteen (15) participants per night and participants ÌJr;:: f) can stay for up to ninety (90) days. ~ ~. ~ 5. The Shelter Program rotates on a monthly basis to various participating congregations. The host congregations provide the housing facility, meals and additional support to the participants. CCS provides operational support, program management, case management. and staff ovemight supervision. The funding requested from Cupertino CDBG will be used for shelter staff salaries and operational expenses. There is no other program in the immediate Cupertino area providing the shelter and support services offered by the Rotating Shelter Program. The shelter serves approximatel~~meless men annually. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? Each potential participant is carefully screened to ensure they are alcohol and drug free, as well as ready to seek, find, and maintain employment. All applicants have no or very-low income. The Shelter Program objectives are: 0 To meet the basic human needs of the participants; 0 To provide participants with the tools necessary to secure f!ainful emplovment; 0 To assist the participants in openinf! and buildinf! a savinf!s account; 0 To assist the participants with findinf! secure housinf!. CCS focuses On the 10ng-ternJ goal of stabilization through extensive case management and providing supportive services. CCS provides a continuum of care to aid the individual with finding employment. pernJanent housing and acquiring savings. Through CCS, participants can access the new onsite Technology Center, private voicemail, laundry services, medical care, dental care, optical care, counseling, transportation, and many various vouchers. CCS' annual project outcomes are: 0 80 homeless men will receive shelter, food, and case manaf!ement; 0 60% will find and/or maintain employment durinf! their stay at the shelter; 0 60% will find stable hOUSÙlf! uponleaVÙlf! the shelter. Graduating shelter participants will have access to resources through our After Care Program. The CCS Transitional Housing and Affordable Housing Placement Program are available to qualified graduates of the Shelter Program. Office of Affordable Housing Standardized Application for Funding FY 04/05 2 (2--1(' 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. Program Manager (75%): conduct intake and assessment of applications; provide referrals; process applicants for admission; provide ongoing case management; provide shelter and food; provide overnight supervision; provide support and referral for guest to gain employment; coordinate and meet with shelter host faith groups, Faith in Action; solicit community resources for guests (work clothes, medical care, counseling, etc.). The Shelter Supervisors (100%): provide overnight supervision; provide referrals; provide ongoing peer support; ensure nightly compliance with program policies and procedures. The Director of Housing Services (5%): ensure Program compliance withfunders and CCS policies and procedures; volunteer coordination; community outreach and community relations; analyze case records; maintain program statistics and produce reports; solicit community resources for participants (work clothes, medical care, counseling, etc.). The Executive Director (15%), Bookkeeper (15%), and Program Assistant (15%): Provide operational and administrative support. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a blief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of CDBG projects. For the past 30 years, CCS has been the primary source of emergency services for families and individuals in the West Valley area, which consists of West San Jose, Cupertino, Los Gatos, Monte Sereno and Saratoga. The Rotating Shelter was established in 1991 at the request of local churches. The Program has tremendous community support. The Program is designed to provide services specifically calledfor in the Santa Clara County Consolidated Plan 2000-2005 of "preventing homelessness and shortening the time people are homeless through provisions of housing with supportive services". The particpants receive high-quality services and mentorship from community members. In the past two years, CCS served 213 shelter particpants with a 77% success rate of graduating clients' achieving/maintaining employment, staying clean and sober, and transitioning into stable housing. CCS is a community based organization and places an emphasis on community involvement. Many of our volunteers are fomler clients. Additionally, we also hire former homeless individuals as program staff. We also seek the feedback from the service population with periodic client surveys. Case managers receive input from clients and share them with all program staff on a regular basis. Additionally, CCS is a small agency where Program Directors and the Executive Director come in daily contact with clients. This allows for direct community communication with CCS management. Through immediate and ongoing assistance and the" continuum of care, " CCS will continue to improve the general welfare of the low-income and homeless clients served. Office of Affordable Housing Stondmdized Applicationfor Funding FY 04/05 3 (2.-3~ 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. We received a clean audit with no accompanying management letter for the fiscal year 2002/2003. 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMA TED AMOUNT STATUS City of Cupertino 25,000 Pending Santa Clara County 8,500 Pending FEMA 20,000 Committed City of Sunnyvale 14,000 Committed Salvation Army 4,000 Committed City of San Jose 18,480 Committed CCS 54,198 Anticipated ESTIMATED TOTAL PROJECT COST: $144.178 (Should equal total project cost on cover page) 1 Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing 4 Standardized Applicationfor Funding FY 04/05 (1--L{D CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Cupertino Community Services DATE PREPARED February 26,2004 PROJECT NAME Rotating SheIterl'rogram Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data Wheu Possible) For Each Quarter Quantify When Possible 1st 2nd 3rd 4th TOTAL . Provide referrals . 100 homeless people will receive general assistance and referrals 25 25 25 25 100 annually . Provide shelter and food . 80 homeless men will receive 20 20 20 20 80 . Provide overnight supervision shelter, food, case management . Provide support and referral for annually guests to gain employment. . 60% will find employment . 60% will find stable housing . Provide approximately 5,400 1,350 1,350 1,350 1,350 5,400 individual meals, shelter space and on going supervision and case management (actual daily cost per person approximately $26.69) annually . Provide support services: . 30 community groups and $37,500 $37,500 $37,500 $37,500 $150,000 -Volunteer coordination congregation will provide over -Community relation and outreach $150,000 worth of food, volunteer suooort and soace annually ¡-:> , ..r::. Office of Affordable Housing Standardized Application for Funding FY 04/05 5 BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Community Services Date Prepared: :F~bruary 26, 2004 Project Name: Rotatin,g Shelter Program ~ , 1? CATEGORY BUDGET FOR YEAR SALARIES: Personnel $22,000 Benefits $3,000 OFFICE EXPENSE: Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment MaintenancefRepair PROJECT CONSTRUCTION: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturallDesign Acquisition TOTAL: $25,000 Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 6 CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. APPLICANT ORGANIZATION: Date: 2/27/04 I YJ ,.."C'I-T'l' JE D- l'"'~'~'j~ 2 lí:¡)ti ~Y: STANDARDIZED APPLICATION FOR FUNDING Agency Name: Emergency Housing Consortium, Inc. Street Address: 150 Almaden Blvd, 5th floor City: San José State:~ EXECUTIVE DIRECTOR: Barrv Del Buono, President and CEO Signature ~ tJ-vL~ Phone No: 408-539-2115 Fax No: 408-286-5102 E-Mail: bdelbuono@'homelessness.org 2. PROJECT NAME: Housing and Services for Cupertino Homeless Program Brief Project Description: Provides 2,000 ni!!hts of shelter and supportive services to meet the needs of 25 un duplicated homeless Cupertino residents. The supportive services are anchored by intensive case management, and include collaborations with other local agencies to meet basic needs and help participants attain stable housing and self-sufficiency. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Provide shelter and affordable rental housing with supportive services to very low and extremely low income homeless Cupertino residents. Project Address/Location: Multiple Locations-Please see Addendum A CONTACT PERSON/TITLE: Dina Campeau. Sr. Development Officer Phone No. 408-539-2131 Fax No. 408-286-5102 E-Mail: dcampeau@,homelessness.org 3, FUNDS REQUESTED: $ 4,000 Total Project Costs: $46.356.15 Is this a Public Service Project: Yes ŒJ No 0 Cost Per Service Unit or Per Client $23.l8/psd ($2.001 psd cost to Cupertino) Funds Received in FY 03/04: None f/&oþ¡(J) Funds Requested from Cupertino in FY 03/04 None Number of proposed unduplicated Cupertino beneficiaries: 25 Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) 23 (90%) 31-50% (Very low) 2 (10%) 51-80% (low)- Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 {I ~t..{ 3 4. PROTECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries oftarget areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.) The Housing and Services For Cupertino Homeless Project will serve 25 unduplicated homeless Cupertino residents by providing 2,000 nights of housing, shelter and supportive services crucial to their day-to-day and long- tenn needs. Cupertino residents will have access to EHC's full Continuum of Care, including emergency shelter, transitional housing programs, and pennanent supportive housing. EHC's services include basic needs assistance (food, clothing, etc.), housing location assistance, job development, computer classes, ESL and educational services for adults, educational and recreational activities for children, and referrals and assistance accessing public services. The bulk of services provided in this program focus on housing services and housing couuseling to facilitate clients' Success in finding and maintaining pennanent housing. Case management is provided through one-on-one sessions on average of once per week, and in infonnal contact at the community services centers of our services sites throughout the county. Housing counseling is provided in case management sessions and in housing search workshops. At EHC's emergency shelters, housing counseling is provided through individual infonnation and referral. The success of this program in providing shelter and supportive services to help clients move from shelter housing to owner-occupied or rental pennanent housing has earned EHC two Blue Ribbon Best Practice Awards from HUD in 1998 and 1999. Cupertino residents are welcome and served at all of EHC's thirteen sites, and are most frequently served at Markham Terrace and the Boccardo Reception Center in San José, the Sobrato Family Living Center in Santa Clara, and the Cold Weather Shelter in Sunnyvale. Cupertino residents find themselves homeless for a number of reasons, including the high cost of housing, low incomes, and struggles with mental illness and substance abuse. EHC serves homeless people from diverse backgrounds and with diverse needs. This includes providing services for those temporarily struggling because of a lost job, rent increase, or family emergency that cost them their housing and those who are chronically homeless and struggling with issues such as serious mental illness, substance abuse, chronic health conditions, and physical and mental disabilities. The regional lack of housing affordable and suitable for people with disabilities earning 0-30% of area median income has led EHC to focus on developing pennanent supportive housing. Penn anent supportive housing serves those with multiple barriers to stability (extremely low incomes, one or more disabilities) who have difficulty succeeding in the traditional, linear continuum of care. Because they have multiple disabilities (mental illness and/or substance abuse disorders, chronic illness, developmental disabilities) that would lead them to fall out of a regular housing situation and back into homelessness, EHC provides them with the supportive services they need to maintain pennanent housing. Services cannot be mandated for pennanent housing residents, so they are presented in a non-intrusive way through community-building activities, such as Tenant Councils, movie nights, evening potlucks and infonnational workshops that motivate tenants to access the services they need. EHC's pennanent supportive housing programs have more than 90% participation in supportive services. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? The purpose of the Housing and Services for Cupertino Homeless Project is to end the homelessness of Cupertino residents through the provision of affordable rental housing or shelter and a comprehensive array of supportive services, including housing counseling. The project proposes to serve 25 unduplicated Cupertino residents with 2,000 Person Shelter Days (PSD). (A "PSD" is EHC's unit of service, and is not merely a "hot and a cot," but a single day/night of shelter and the attendant support services for one person.) The outcomes that will be achieved by this project are: 75% of case-managed clients will attain stable housing; 80% of case-managed clients will increase their self-sufficiency, as measured by increased skills andlor mcome. 80% of clients in pennanent supportive housing will maintain their housing for at least 6 months. The project meets high priority needs in the Cupertino Consolidated Plan by providing affordable rental housing, shelter and supportive services to very low and extremely low income homeless families and individuals. Office 0/ Affordable Housing 2 Standardized Application/or Funding FYO4105 {2.. - 4 '-( PROJECT MANAGEMENT: Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. . Overseen by EHC's Board of Directors, this project is administered by EHC's President and CEO, supported by a team of Division Directors. The project will be managed by the two Assistant Directors of Programs for Homeless Single Adults (25%). They will be responsible for the implementation and evaluation of the program. These managers will be assisted by case managers and shelter staff to insure efficient and effective assistance to the target population. The program staff will continue to maintain and build on our well-established collaborative relationships with other social service agencies and private companies, and will oversee the solicitation and collection of in-kind donations and the recruitment and training ofvolunteers. Additional project staff includes the following: . Case Manager (100%) provides housing referrals, housing counseling and day-to-day support and guidance in the development of a personal housing and financial plan for each shelter client. Case managers anchor EHC's extensive network of services, personalizing resources and facilitating each client's transition to independent living. . Shelter Workers (1100%; 4 part-time 5 months) provide for the day-to day needs of shelter residents, including reception of the guests, providing infonnation and referrals, distributing personal necessities such as clothing, linens and toiletries, assisting with meals, and assuring the safety of the guests and shelter. 6. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of the CDBG projects. Emergency Housing Consortium (EHC) is a non-profit shelter, housing, and service organization that has been providing housing and services to homeless residents of Santa Clara County for 23 years. EHC serves a diverse population, including families, single adults, runaway and homeless youth, domestic violence victims, seniors, veterans, and people with mental illness, substance abuse issues or dual diagnosis (both mental illness and substance abuse disorder). EHC provides a full Continuum of Care, including emergency shelters, transitional housing programs, and pennanent supported housing. At each point along the Continuum, EHC enhances its housing with a wide range of supportive services designed to address the variety of circumstances that cause homelessness and help people overcome barriers to self-sufficiency. These services include educational and vocational programs, medical and mental health care, substance abuse recovery programs, life skills workshops and legal support. They are anchored by EHC's case management program, through which clients work with case managers to develop and follow plans for attaining self-sufficiency and ending homelessness. Cupertino residents are welcome at all of EHC's thirteen sites throughout Santa Clara County, and are frequently served at EHC's shelters and housing programs in Sunnyvale, Santa Clara, and San José. In the past few years, the number of Cupertino residents receiving services in EHC programs has grown tremendously, more than doubling since the year 2000. In program year 2000-2001, EHC served 1 I Cupertino residents. This number grew to 18 in 2001-2002 and 24 in 2002-2003. EHC has already served 18 Cupertino residents only a little more than halfway through program year 2003-2004. EHC was previously funded by Cupertino through the Urban County CDBG program and has served homeless Cupertino residents for many years. In program year 02-03, EHC served 24 unduplicated Cupertino residents, providing them with at total of 3,019 PSDs. 2 out of 3 case managed Cupertino residents moved into stable housing. Additionally, two Cupertino households are maintaining their housing in ERC's pennanent supportive housing programs. Office oj Affordable Housing 3 Standardized ApplicationJor Funding FY 04/05 {2. - if. S- 7. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use ofCDBG funds. Also, describe any actions taken to correct identified findings or concerns. ERC's audit for FY 02-03 was completed September 26,2003. Please see Attachment A: audit, management letter and EHC Response to Auditors Comments and Recommendations. ERC has devoted considerable energy to evaluate and devise processes to provide a high level of compliance for government grants. At the end ofFY 02-03, the Housing and Government Affairs Division was restructured and placed compliance as its major focus. To that end, ERC has hired a new Compliance Manager who has already implemented the following: Master calendar of reporting and requests for reimbursements. Procedures for reporting and reimbursements. Completion of AccountinglFinancial Procedures Manual Quarterly review of all government grants with each ERC division. The quarterly review includes both progress on outcomes and financial compliance. Procedures for tracking capital grants and project development. In coordination with the Property Management Director, completion of a Property Management Manual that will be implemented in January 2004. The following notable reportable conditions were noted in the FY02-03 management letter with ERC's response (for the rest, please see the attached management response): I) Tracking of Fixed Assets, Transfers from Projects in Development and Depreciation. Recommendation: Use fixed asset software, separate general ledger accounts for each fixed asset; develop policies and procedures to track project and development costs. Response: The use of fixed asset software was adopted as of June 30, 2003. The Compliance Manager will be keeping detailed financial records during project development and will work with Grant Accountants to transfer projects to fixed assets. 2) Tenant Certification of Eligibility and Rent. Recommendation: Standard procedures and fonns to be used in detennining eligibility and detennination of income at move-in and training of all personnel that process clients. Response: All recommendations have been followed including use of standard fonns for detennining client eligibility, and training of personnel that process clients. The General Manager of Property Management and the Compliance Manager are in the final stages of developing an agency-wide property management manual that will be distributed and implemented by the first calendar quarter of2004. Additional regular training sessions will be held for property management personnel. 8. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS' SSA General Fund $3,191.22 Pending HUD $15,682.56 Committed CWSP $358.22 Committed FEMA $1,836.00 Committed FESG $2,093.04 Pending San Jose ESG $700.23 Pending (5/04) United Way $1,500 Committed Program Rent $7,400 Committed Private Donations $7,594.88 Committed CDBG (various cities) $6,000 Pending (5/04) ESTIMATED TOTAL PROJECT COST: $46.356.15 (Should equal total on cover page) I Include all sources of funds including CDBG allocations. , Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates offilla! funding decisions. Office 0/ Affordable Housing 4 Standardized Application/or Funding FY 04/05 {¡-L{~ 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME EmergencLfIousing Consortium DATE PREPARED 2/27/04 PROJECT NAME Housing and Services for Cupertino Homeless }:;' \ L -..J Specific Activities Products or Milestones to be accomplished Benchmarks for Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1st 2nd 3rd 4th TOTAL Provide shelter and affordable rental Operate Sobrato Family Living Center, 6 6 7 6 25 housing to very low and extremely Markham Terrace and Boccardo Reception low income families and adults Center and Open Sunnyvale Armory for Winter to provide project services to 25 400 600 600 400 2,000 unduvlicated clients with 2,000 PSD's Provide case management sessions to non-armory clients (average I hour per week) . Provide housing and financial 5 households will develop Individual Service 1 1 2 1 5 assessment for each non-armory Plans family and individual Schedule housing and employment Clients will have access to 80 housing and 20 20 20 20 80 workshops employment workshops throughout the year to accomplish their goals (NOTE: other skill building workshops are offered as well, but their numbers are not included here). Develop and cultivate relationships Make 20 visits to housing and employment 5 5 5 5 20 with landlords and employers in resources to facilitate placing clients in target areas housing and employment. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Emergenc"HQusing Consortium Date Prepared: 2/27/04 Project Name: Housing and Services for Cupertino Homeless }-> I ....r::. CQ CATEGORY BUDGET FOR YEAR SALARIES: Personnel $4,000 Benefits OFFICE EXPENSE: Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment MaintenancelRepair PROJECT EXPENSES: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architecturalillesigu Acquisition TOTAL: $4,000 Office of AjTn'dable Housing 2 Standardized Avolicationfor Funding FY 04/05 Addendum A EHC FACILTIES February 2004 *BOCCARDO F AMIL Y LIVING CENTER IN SAN MARTIN (BFLC) (EMERGENCY AND TRANSITIONAL FOR FAMILIES) 13535 Monterey Highway, San Martin, CA 95046 *COLD WEATHER SHELTER- GILROY NATIONAL GUARD ARMORY (EMERGENCY SHELTER - Winter Only) 8490 Wren Avenue, Gilroy, CA 95020 JAMES F. BOCCARDO REGIONAL RECEPTION CENTER (BRC) - EMERGENCY AND TRANSITIONAL FOR SINGLES AND FAMILIES 2011 Little Orchard Street, San Jose, CA 95125 COLD WEATHER SHELTER- SUNNYVALE NATIONAL GUARD ARMORY (Emergency Shelter - Winter Only) 629 West Maude Avenue, Sunnyvale, CA 94086 SOBRATO FAMILY LIVING CENTER - EMERGENCY, TRANSITIONAL AND PERMANENT HOUSING FOR FAMILIES 1509 Agnew Road, Santa Clara, CA 95054 GIFFORD TRANSITIONAL HOUSING FOR SINGLE MOTHERS WITH CHILDREN 325,327,329 Gifford Street, San Jose, CA 95125 OUR HOUSE YOUTH SHELTER AND DROP-IN SERVICE CENTER 31 North Fifth Street, San Jose, CA 95112 SUPPORTIVE HOUSING FOR SINGLE YOUNG ADULTS (OUR HOUSE TRANSITIONAL LIVING PROGRAM) 282 East Younger Street, San Jose, CA 95112 TRANSITIONAL HOUSING FOR SINGLE ADULTS WITH DISABILITIES 1077-1089 North Fifth Street, San Jose, CA 95112 MARKHAM TERRACE (FORMERLY MONTEREY GLEN INN) PERMANENT HOUSING FOR SINGLE ADULTS 2112 Monterey Road, San Jose, CA 95112 MARKHAM PLAZA PERMANENT HOUSING FOR SINGLE ADULTS 2010 Monterey Road, San Jose, CA 95112 ASSISTED PERMANENT HOUSING PROGRAM 101 West Weddell Drive, Sunnyvale, CA 94089 'Primary Project Service Sites { ~ -4 ~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. APPLICANT ORGANIZATION: ST ANDARDIZEDAPPLICATION FOR FUNDIN'¥<RCE,TVED ,:;::R 2: ':I 7004 Date: February 24, 004 J?L- Agency Name: LIVE OAK ADULT DAY SERVICES Street Address: 1147 Minnesota Avenue City: San Jose 20920 McClellan Road Cupertino EXECUTIVE DIRE(\~~;Î " .:o~lee~ 'Udge~n , Signature: ~1 ~ 1~ Phone No: (408) 971-9363 Fax No:C408) 971~ 079 E-Mail: liveoak@attglobal.net State: CA 95125 (Admin.) CA 95014 (Cupertino center) 2. PROJECT NAME: Senior Adult Day Care I Caregiver Respite . . . . . 1 d It d are for frail dependent low-income BnefProJect Descnphon:Recreatlona a u ay c . .' '. . seniors providing soclallzacIOn, companIOnshIp and HUC. Üwu~ meal~. Itt~p~Lt ~U .Iees . mil care ivers including counseling. referrals Caregiver Support Workshops. IdentifY City of Cupertino Consolidated Plan Prioritr Ne~,ds (se~ attached): ~he Plan identifies seniors and persons with disabilities as persons wIth specIal needs. 100% ot LLV ¡,; OAK CLIents ,rp plc1prly ~nd disabled. Services addressing senior needs are among the City's highest priorities. (pp. 23, 24) Project Address/Location: 20920 McClellan Road, Cupertino, CA 95014 CONTACT PERSON/TITLE: Colleen Hudgen, Agency Executive Director (.408) 971-9363 Phone No:_Fax No: (408) 971-9079 E-Mail: liveoak@attglobal.net 3. FUNDS REQUESTED: $ 32,200 Total Project Costs $196,425 Is this a Public Service Project: Yes W No 0 Cost Per Service Unit or Per Client:$3l. 43 (client) Funds Requested from Cupertino in FY 03/04: $10,200* Funds Received in FY 03/04:$10,200* "Requested & received by Cupertino Senior Day Services. Also, $L I, LBO Gemaal Funds in FY 2002-03. Number of proposed unduplicated Cupertino beneficiaries: 25 ~umber of proposed unduplicated Cupertino beneficiaries at or below current countywide median mcome: 0-30% (Extremely low) 47 31-50% (Very low) 45 51-80% (low) 8 . Office of Affordable Housing Standardized Application for Funding FY 04/05 J :1-')/ . 4. PROJECT DESCRIPTION AND NUMBER OF VNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). LIVE OAK ADULT DAY SERVICES, located at 20920 McClellan Road in Cupertino, will provide recreational adult day care for 25 frail, dependent, low-income seniors and respite for 25 family caregivers. The services offered by LIVE OAK target 25 frail Cupertino seniors who are disabled, homebound, isolated, suffer from a~e-related physical and/or mental disorders and are at risk of premature institutionalization. TYPical conditIons of this senior population include dementia, Alzheimer's and Parkinson's Disease, stroke, cardiovascular disease and severe depression. The majority of participants in the Cupertino program are residents of Cupertino and Sunnyvale. The day care program IS structured to increase social and recreational activities for seniors and includes nutritious breakfasts and hot lunches, snacks, arts and crafts, pet therapy, music, interactive games, mentally-stimulating discussions, seated exercise and birthday parties. Program fees are based on a sliding scale and range from 0-$50 per day, depending on ability to pay. The program also gives much-needed respite to caregivers and helps reduce the stress associated with providing 24-hour care to dependent elders. To assist famil)' members in maintaining their dependent senior loved one in the home environment, statrwill offer counseling, referrals and Caregiver Support Workshops. Our funding request of$32,200 includes $10,200 to provide financial assistance to six CupertIno low-income seniors enabling them to receive adult day care services at a significantly reduced rate of$5.00/day, while also benefiting all associated caregivers with respite and suP/ì°rt; and $22,000 for operating expenses to help maintain the Cupertino program at full enro Iment, highest-quality services, and adequate staff-to-client ratio to ensure safety and individualized attention for senior clients with special needs. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desire,- the purpose and objectives meet the priority needs? LIVE OAK will (I) provide 100% of senior clients with recreation, professional care and attention, socialization, nutritious meals and peer companionship which will reduce isolation and depression, restore self-esteem and a sense of active community involvement, and generally improve their overall quality of life; and (2) provide 100% of our clients' caregivers with respite and support services to assist them in maintaining their dependent senior loved ones living at home. Long-term outcomes are (I) to reduce andlor avoid premature, long-term institutionalization andlor repeated hospitalization of disabled, frail elderly persons; and (2) to empower family caregivers in caring for depende~t seniors in ~he ~ommun\ty setting. . . . . Our purpose is to prevent the InstitutIOnalizatIOn of frail elders by providIng a posItIve, affordable and life-sustaining alternative to nursing homes. for fam\lies confronted v.:ith t~e burden of caring for a dependent senior lo,:e~ one. T~e socIalIzatIOn, nutrItIOn an~ companlonshl¡J experience~ available to sel~lOr partl~lpants will enhan~<;: their mentaVemotlOnal h<;:alth, att~tude and quality of lIfe, and offer a vIable optIOn to cost-prohibitive nursIng homes. Caregiver respite and support services will afford family members much-needed "tIme away" to pursue personal and protessional responsibilities, and reduction in stress from their careg!ving duties, tacilitating their ability to maintain their dependent senior loved one m the home environment. The services provided by LIVE OAK ~irectly address th~ identified prio~ity needs of two at- risk and underserved populatIons: (1) frail, dependent, low-Income sen!ors m. I!-eed. of affordable. and accessible recreational, social and nutrItIOnal programs; and (2) their families, 111 need ofresplte from the stress of their caregiving duties and assistance in keeping their senior loved ones out of institutional placement. 'comes and benefits. How does Office of Affordable Hol/sing Standardized Applicationfor Funding FY 04/05 /1-S-:ì- " 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. LIVE OAK's model of service is in complete compliance with the National Council of Adult Day Care and the State of California licensing criteria for providing adult day care, Santa Clara County Health Department, SCC Senior Nutntion, individual distnct fIre marshals, the State of California Adult Day Care Food Program, and all licensing agencies of Santa Clara County and the cities it serves. The adult day care program utilizes "Best Practices" standards and guidelines as approved by the National Council on Aging and National Adult Day Services Association. The Cupertino adult day care center employs a Program Director, Assistant Program Director and Progr.am Specialists who provide direct client care, including personalized assistance.for tho~e with s]?eclal needs, prepare and serve meals and snacks, and schedule a dally program of mterestmg activitIes for the seniors. Each devotes 100% ofhis/her work time to the progranl. (Please see attached page, "Staff Duties and Responsibilities," for reference.) Program staff are assisted by devoted community volunteers, Senior Companions and student interns in gerontology, nursing and social services who provide companionship for the seniors, help with housekeeping duties, and share talents and innovative ideas for games and activities. Local corporations and businesses (Starbucks, IBM, Hewlett-Packard, Los Gatos Brewing Co., etc.) contribute employee time to provide ice cream socials, dancing and singalongs for the seniors at various times throughout the year. The agency also contracts with college instructors, musicians, entertainers, and arts and crafts teachers to stimulate the clients with news and current events discussions, travelogues, crafts projects, etc. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG. HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what where goals and accomplishments of CDBG projects. LIVE OAK ADULT DAY SERVICES is a nonprofit [501(c)(3)], community-based, social services agency with over 21 years' experience providing recreational adult day care for frail, dependent, low-income seniors and respite for caregivers. Our ultimate goal is to prevent the institutionalization and/or repeated hospitalization of disabled seniors who are not able to benefit from mainstream community services, but are not at a degree of infirmity requiring skilled nursing care. The LIVE OAK program is a positive, dignified and affordable alternative to nursing homes for families caring for dependent senior loved ones. LIVE OAK was founded in Los Gatos (1983) as a small, part-time program to respond to the growing need for appropriate services for the ÍÌail elderly population. With consistent support ÍÌom government and pnvate community partners, LIVE OAK has been successful in expanding services to fIve full-time locations throughout Santa Clara County, the most recent being the Cupertino site at 20920 McClellan Road, resulting ITom a merger with the former Cupertino Senior Day Services. Fundraising efforts are an ongoIng priority and include renewing proposals with known donors, researching and approaching new sources, keeping abreast of developments in the nonprofIt arena, participating in community and business fundraising events, and implementing Ideas ÍÌom staff, Board members and associates for special agency fundraisers. We request and receive CDBG support ITom every city whose residents we serve. This is our first request for CDBG funding ITom the City of Cupertino for the McClellan Road center since it began operating under the LIVE OAK name July 1,2003. Office of Affordable Housing Standardized Application!or Funding FY 04/05 /1.-53 LIVE OAK ADULT DAY SERVlCES Staff Duties and Responsibilities Executive Director Overall management of administrative and program functions of the agency and its four adult day care sites. Agency and Board development. Reports to Board of Directors. Assistant to the Executive Director Assist Executive Director with reception and clerical functions. Maintain records and produce reports. Manage agency office. Development Associate Assist in ongoing agency fundraising efforts, write grant proposals, press releases, and other agency-related communications; represent agency and/or Executive Director at meetings, conferences, fundraising campaigns, and public hearings, as needed. Program Director (1 at each center) Oversee day care program, program staff, and physical plant of the center; assure adherence to all licensing requirements; perform community outreach activities; recruit and supervise program volunteers; arrange periodic in-service training for program staff; assess and evaluate prospective clients; manage day-to-day operational requirements of the center; occasionally attend meetings (e.g., Board of Directors, agency funding, program directors, and staff); and work closely with the Executive Director regarding program standards and goals. Assistant Program Director (1 at each center) Work with the Program Director and Program Specialists to provide meaningful activities for day care participants; assist Program Director in ensuring the safety and well-being of all clients; work with Program Specialists in basic program delivery; attend all in-service training and staff meetings; record and update client records; assist with inventory of supplies; and assume leadership of program staff in absence of the Program Director. Program Specialists (three per day at each center) Work with the Program Director and Assistant Program Director to provide meaningful activities for day care participants; assist Program Director and Assistant Program Director in ensuring the safety and well-being of all clients; assist in the personal care of clients; attend all in-service training and staff meetings; document changes in clients' physical and psychological health; assist with inventory of program supplies; and contribute ideas to emich the clients' experience in the day care program. Bookkeeper All agency accounting and billing, payroll, bank reconciliations and deposits. l:¿ -s-Ý 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. The most recent audit for LIVE OAK ADULT DAYS SERVICES is dated June 30, 2003, conducted by Froshman, Billings, Williams, Chan & Lewandowski. A copy is on file with the City of Cupertino. The Cupertino Senior Day Services audit of June 30, 2003, was performed by LMGW and is also on file with the City. There were no actions noted in either audit to correct identified findings or concerns 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT): Cupertino center only, FY 2004-05: SOURCE ESTIMATED AMOUNT STATUS' Application pending City of Cupert ino 32,200 April 19, 2004 City of Sunnyvale 30,000 Secured United Way Silicon Valley. 2,250 Secured Projected, based on prior Individuals! Clubs 2,000 ears' experience Projected, based on prior tloard Fundraising 1,500 years' experience Projected, based on prior Program Service Fees 125,850 years' experience tate reimbursement Œ>roj ected, based on prior of meals 2,625 ears' experience ESTIMATED TOTAL PROJECT COST: $196,425 (Should equal total project cost on cover page) I Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office oj Affordable Housing Standardized Application(or Funding FY 04/05 (::2-55 4 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 DATE PREPARED February 24, 2004 AGENCY NAME LIVE OAK ADULT DAY SERVICES Cuperti"Ilo center PROJECT NAME Adult Dav Care I Re~p;tP Specific Activities Locate appropriate Cupertino seniors. Enroll six Cupertino low-income seniors in adult day care program. Products or IVlilestones to be accomplished (Use Specific Numerical Data When Possible) Complete in".home y;í;";í;t,, & i"Iltake form". 5'i)( "entor". enro'1led and pi'rti.ci'Pating in day. care progri'm. Provide social and life-enhancing scb.edule. & conduct da;í;ly. recreational recreational program for frail seniors activities, ..contract wHo enterti'i"Ilers & in Cupertino and respite for their in"tructors, meet with family caregivers family caregivers. to determine needs for service. Provide nutritious meals (breakfasts and lunches} and snacks to all senior clients. Provide referrals to appropriate social service agencies. Two meals plus snacks served per day to all senior participants. Interviews held with client and family to detemine specii'l needs and services. Provide trainings/educational programs/ S.taff and volunteers convened to partici- for agency staff and volunteers. pate in educational classes and trainings. Increase outreach efforts to educate public about adult day care (public speaking, participating in health fairs, articles for local papers,...] - '"-.) , l/1 ~ce 0/ Affordable Housing Set up booth at Health Fairs, schedule speaking appointments at corporate & local businesses, issue press releases for agency fundraising events, open houses,... 1 sf 10 2 800 Benchmarks or Beneficiaries For Each Quarter Quantify When Possible 2". I 3'. I 4'. I TOTAL 5 2 5 I 5 1 25 6 0 NIG 0 I NIG 400 400 400 2000 ONIGOINIG 1 1 I I 4 2 2 2 2 8 Standardized Application/or Funding FY 04/05 5 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: LIVE OAK ADULT DAY SERVTr.F.~ Cupert:L1\o center Project Name: A~"l" 1"\,;., Care " Rcsp:Lt<. Date Prepared: February 24, 2004 ---, 1-) \ j CATEGORY BUDGET FOR YEAR Miscellaneous (see p. 6a) 9,088 SALARIES: Personnel 131,481 Benefits 5,000 Taxes & Work. Camp. 13 364 OFFICE EXPENSE: Rent '15,225 TelephoneiFax 2,940 Printing, publ., Adv. 263 Travel (Mileage) 525 Utilities - Office Supplies & Eqt. 1,750 Postage 315 Eqwpment Maintenance 354 prog~igatupplies & Eqt. 7,235 PROJECT EXPENSES: Accounting Senices Auditing Fees Insurance 3,411 Davis Bacon Compliance Contr~~t Spcvices 5,474 PROJECT CONS1RUCTlON: Appraisal Engineering Services ArchitecturaUDesign Acqwsition TOTAL: 196,425 Office of Affordable Housing Standardized Application for Funding FY 04/05 6 BUDGET For Amount Requested FY 2004/2005 (continued ITompage 6) Agency Name: LIVE OAK ADULT DAY SERVICES Cupertino Center Project Name: Adult Day Care I Respite Date Prepared: February 24. 2004 CATEGORY BUDGET FOR YEAR MISCELLANEOUS: Conferences & Conven. Special Assistance to Individuals Membership Dues Gov't Licenses/Fees Professional Growth Fund Development Other Total... 105 7,775 473 315 105 ----.l12 9,088 6a /:1-:;8' .~¿ ~~ CITY OF ClWER1'lNO i COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) P I OGRß., VI ? ::.H~ SECOND YEAR FUNDING CYCLE FY 2004/2005 i '- - " > i CLd.i\I:ifJ:tlèI ST ANDARDIZED APPLICATION FOR FUNDING - :X8 1. APPLICANT ORGANIZATION: Second Harvest Food Bank of Santa Clara and San Mateo Counties Date: February 23. 2004 Agency Name: Second Harvest Food Bank of Santa Clara and San Mateo Counties Street Address: 750 Curtner Avenue City: San Jose State: CA EXECUTI~rnECr~R D"id A. """"""'" SIgnature: d/.~ t1k~ -e~ Phone No: (408)266-8866_Fax No: (408)266-9042_E-Mail:dsandretto@shfoodbank.com 2. PROJECT NAME: Operation Brown Bag Brief Project Description: Funding Requested For: Operation Brown Bag provides a safety net for low- and very low-income seniors 60+ years old and people with disabilities 55-59 years of age. especiallv those who are home-bound and live alone. Through the Brown Bag program. these low-income seniors receive a weekly allotment of high quality. nutrient dense food enabling seniors to live independentlv for a longer period of time. Identify City of Cupertino Consolidated Plan PliOlity Needs (see attached): Operation Brown Bag is recognized as a high priori tv in Table 2B Community Development Needs. of the Public Service Needs section as Senior Services. Project AddresslLocation: Union Church. 20900 Stevens Creek Blvd.. Cupertino. CA 95014 CONTACT PERSON/TITLE: Mari Ellen Revnolds. Director of Development Phone No: (408)694-0025 Fax No(408)266-9042 E-Mail: mereynolds@shfoodbank.com 3. FUNDS REQUESTED: $5.400 Total Project Costs $3.168.342 h chi> , Pohlk Smlœ Pmj~l Y ~ Q No D s" S"vl~ Vol< m p" CIl,", $2790 poc mooCh ----- /'"'? Funds Requested from Cupertino in FY 03/04: 5 600 Fu~ds Received in FY 03/04: $0.00 Number of proposed unduplicated Cupertino beneficialies: 71 households Number of proposed unduplicated Cupertino beneficiaties at or below cunent countywide median income: 0-30% (Extremely low) 100% 31-50% (Very low) -0- 51-80% (low) -0- Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 (1-S-' 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICA TED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the s\1ecific activities for which funds will be . used. It should describe the City of Cupertino target population and geographic boundalies of target areas. Also indicate the specific type and number of total un duplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). Operation Brown Bag provides a safety net for 71 very low-income senior households and people with disabilities 55-59 years of age in the City Cupertino, especially those who are home-bound and live alone. We find that Operation Brown Bag enables seniors to live independently for a longer peliod of time and that the information and socialization provided at the sites and through nutritional programs has a positive impact on their overall health and well being. Each Brown Bag member receives a grocery bag, containing an average of 19 pounds of fresh, frozen, and packaged food items at their neighborhood distribution site, or delivered to their homes. Currently there is one main site located at the Union Church in Cupertino. City of Cupertino funds wil1 be used for Operation Brown Bag, which provides a weekly al1otment of food to an elderly person suffering from hunger. Second Harvest Food Bank staff selects the food items to be provided each week and work with volunteers to prepare and bag groceries as needed. These bags of groceries contain necessary staples of a healthy diet and include 12-15 items of fresh, frozen, and packaged foods such as: chickens, bread, tuna, lice, beans, eggs, lush fruits, and leafy vegetables- Some specific ethnic food items such as fish sauce, jasmine lice, and tortillas are often also included. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? 1. To decrease hunger among low-income seniors and disabled people in the community during the program period. 2. Making it possible for program participants to receive the food they need to continue to live independently in their own homes. This is especially important for participants who are homebound and unable to attend other programs. 3. Allowing program participants to divert food expenses to afford other basic needs items (rent, utilities, or prescription medication, for example). 4. Allowing participants the opp011unity to socialize and interact with other participants and volunteers, thus alleviating the loneliness and/depression that can contribute to poorer health. 5. Providing onsite health screenings and information (blood pressure, general wellness information) and nutrition information, including ways to use the food in the Brown Bag to prepare nutritious meals. 6. To increase health and wellness awareness among low-income seniors and disabled people in the community during the program period through Community Nutrition Program activities. Operation Brown Bag is recognized as a high priority in Table 2B Community Development Needs, of the Public Service Needs section as Senior Services. Second Harvest Food Bank's Operation Brown Bag meets the priOlity needs by providing a safety net for low- and very low-income seniors 60+ years old and people with disabilities 55-59 years of age, especially those who are home-bound and live alone in the City of Cupertino. Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 2 /1-& D 6. PROJECT MANAGEMENT Briefly describe how the project wil1 be managed andadministered, including proposed staff time and staff functions. We culTently have 3 full-time positions that oversee Operation Brown Bag in the City Cupel1ino during normal business hours. These include: Director of Services: Master of Science degree in Nutrition, on staff for 20 years, Responsibilities include implementation of agency policies, supervision of staff, program monitOling, and evaluation. Program Manager: Batchelor of Science degree in Social Work, on staff for I year and 3 months. Responsible for developing and implementing ongoing process to assure strong leadership at brown bag sites; developing, planning, and arranging logistical details for delivery of services; ensuring that the program is meeting its objective on a timely basis; preparing and conducting program evaluations; and providing training to volunteers Program Coordinator: Bachelor of Arts degree in Sociology, on staff for 6 years. Responsibilities include program monitoring and evaluation, supervision of volunteers, and record keeping. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general descliption of your agency and the services provided. Also provide a blief descliption of your agency's expelience in providing the proposed services. If previously funded, what where goals and accomp1ishments of CDBG projects. Second Harvest Food Bank of Santa Clara and San Mateo Counties for nearly 30 years has been the main source of food to hundreds of thousands of low-income people in Silicon Val1ey. To accomplish this great task we coordinate with 678 agencies and disUibution sites that include soup kitchens, rehabilitation centers, shelters, schools, churches and senior centers. As a ce11ified member of America's Second Harvest we are able to col1aborate with other member food banks, receive food from national corporate food donors, and benefit from national publicity and mutual support. In order to feed an average of 165,000 low-income people a month, we distlibute 27 mi1lion pounds of food a year. Purchased, donated and surplus food flow into our warehouse everyday from growers, retailers, restaurants, food dlives, and government agencies. Our mission is only attained by generous donations, warmhearted volunteers, and dedicated organizations and individuals that want to make a positive impact in their community. Remember, hunger does not discriminate against race, age, or ethnicity. Be part of the solution and help us accomplish our mission to rally community resources to assist people who are hungry in Santa Clara and San Mateo Counties. Second Harvest Food Bank provides food to 11,182 seniors of Operation Brown Bag each week through 78 community distlibution sites in Santa Clara and San Mateo Counties. We have demonstrated compliancy and have been fiscally responsible with each foundation, corporate, and government contract issued. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 1.2-(,( £.. AUDl1' INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concems that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to con-ect identified findings or concel11s. Berger/Lewis Accountancy Corporation, Year Ended June 30, 2003, please see attachment. There were no findings or concel11S that have been cited in the audit or any accompanying management letter. Therefore, there were no actions to correct any identified findings or concel11s. 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMA TED AMOUNT STATUS' City of Belmont $ 1.795 Anticipated City of Camnbell $ 7,497 Application Pendin£ Cit" of Cunertino $ 5,400 Aoplication PendinG Cit" of Dal Citv $ 9,401 Application Pending City of Gilrov $ 5,223 Application PendinG Town of Los Gatos $ 4,137 Anticioated City of Menlo Park $ 7,499 Anticipated City of Milnitas $ 5,832 Annlication PendinG City of Mornan Hilt $ 3,620 Application Pending Cit" of Mountain View $ 6,021 Application Pending City of Palo Alto $ 7,476 Anticipated City of Redwood Citv $ 5,223 Application Pending City of San Bruno $ 1,045 Anticipated Cit" of San Jose $ 19,448 Anticipated City of San Mateo $ 11,317 Application Pending Cit" of Santa Clara $ 6 790 Application Pendin£ City of South San Francisco $ 5,745 Application Pendin£ City of Sunnyvale $ 5,860 Application Pending County of Santa Clara-Dent of Social Services $ 141,015 Anticipated Count" of San Mateo-Deal. of Social Services $ 2,668 Application Pending FEMA - Santa Clara County $ 50,000 Anticioated FEMA - San Mateo Count" $ 5,000 Anticipated Council on Aninn $ 23,400 Anticipated USDA $ 36,440 Anticipated Cornoration/Foundation/lndividual/Oroanization/United Way $ 1,772,369 Anticioated Pronram Services $ 18,121 Anticipated ESTIMATED TOTAL PROJECT COST: $ 2,168,342 (Should eoual total on cover nacre) I Include all sources of funds including CDBG allocations. , Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 4 t.2. -~.L 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Second Harvest Food Bank of Santa Clara and San Mateo Counties DATE PREPARED February 24c. 2004 PROJECT NAME Operation Brown Bag Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantifv When Possible 1st 2oa 3rd 4th TOTAL Provide weekly bags of groceries to Number of individuals receiving food 71 71 71 71 71 supplement diets of very low-income seniors. households Conduct qmu1erly nutrition and consumer Number of classeslworkshops and site visits held 1 1 I I 4 per year education programs. Supply volunteer opp011unities for 9 Number of volunteers assisting at Brown Bag site. 9 9 9 9 9 volunteers pa11icipants at Brown Bag site and the Food Bank's dist¡ibution Center. Produce wlitten communication QUa11erly Brown Bag Newsletter 1 I 1 I 4 per year )'-> \ ~ \...Ñ Office of Affordable Housing Standardized Application for Funding FY 04/05 5 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Second Harvest Food Bank of Santa Clara and San Mateo Counties Date Prepared: February 24, 2004 Project Name: Operation Brown Bag CATEGORY .. BUDGET FOR YEAR SALARIES: Personnel $580,862 Benefits $159,299 PROJECT EXPENSES: Insurance (propeny & liability) $13,278 Communication (telephone, etc.) $13,119 Consultant Services $2,100 Office Supplies $15,686 Office & Equipment Rental $26.518 Equipment Maintenance $29,036 Utilities $36,947 Travel and Conferences $1,452 Contracts Transponation $144,760 Food Purchases $1,035,629 Donated Food Distributed Depreciation $109,657 TOTAL: $ 2,168,342 I--> ~ -ç., Office of Affordable Housing Standardized Application for Funding FY 04/05 6 -I CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 200412005 ST ANDARDIZED APPLICATION FOR FUNDING 1. APPLICANT ORGANIZATION: Date: Febmarv 25. 2004 Agency Name: Senior Adults Legal Assistance (SALA) Street Address: 160 E. Virginia St. #260 City: San Jose State: CA EXECUTIVE DIRECTOR: Georgia Bacil Q ~~^~ ß~'; \ (408)~95-599 : Signature: Phone No: Fax No: (408) 295-7401 E-Mail: gbacil(QJ,sala.org 2. PROJECT NAME: Legal Assistance to Cupertino Elders Brief Project Description: SALA will maintain our expanded program of free legal services to Cupertino elders primarily by continuing our CUiTent level of appointments at the Cupertino Senior Center. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): SALA's project provides Public Service Activities. specifically Senior Services because it targets services to elders. It also provides Domestic Violence Support as some clients are victims of domestic violencelelder abuse. Project Address/Location: Cupertino Senior Center. 21251 Stevens Creek Blvd. Cupertino CA 95014 CONTACT PERSON/TITLE: Georgia Bacil, Directing Attorney Phone No: (408) 295-5991 Fax No: (408) 295-7401 E-Mail: gbacil(éDsala.org 3. FUNDS REQUESTED: $ 12,000 Is this a Public Service Project: Yes~ No 0 Funds Requested from Cupertino in FY 03/04: Total Project Costs $27.920 Cost Per Service Unit or Per Client: $184.61 per client $11.667 Funds Received in FY 03/04: $11.667 Number of proposed unduplicated Cupertino beneficiaries: 65 Cupertino seniors ( age 60 or older) Number of proposed unduplicated Cupertino beneficiaries at or below cunent countywide median mCOl11e: 0-30% (Extremely low) 44% 31-50% (Very low) 36% 51-80% (low) 10% Office of Affordable Housing Standardized Application for Funding FY 04/05 lot -ip) 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). SALA is a nonprofit law office that has provided free legal services to Santa Clara County elders for 30 years. SALA provides services, by appointment, at 23 sites in the County, including the Cupertino Senior Center. Services are targeted to elders who are low income or at risk of abuse, exploitation or institutionalization. Legal services (advicel refeITals, consultations, legal representation, and community education) are provided for: Public Benefits; Elder Abuse; Nursing Homes; Advance Health Care Directives; Consumer; Housing; and Simple Wills (by SALA's Wills Panel). Services are delivered by our 6 attorneys, legal secretary,S intake volunteers, or our 20 pro bono Wills Panel attorneys. SALA has served Cupertino seniors since 1979. From 1997-98 through 2001-2002, support from Cupertino's CDBG program enabled SALA to increase our number of half-hour appointments at the Cupertino Senior Center from 4 monthly (the 1996-97 level) to 10 monthly (the 2001-2002 level). Increased support from Cupertino in 2002-2003 and 2003-3004 enabled SALA to increase our appointments to 15 monthly. CDBG funds are requested for 2004-2005 to maintain SALA's CUITent expanded service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to Cupertino elders who are homebound/institutionalized. Clients with urgent legal problems will also be served on an "emergency" basis by telephone. Cupertino elders who appear at SALA intake sites in other cities will also be served. Project services will be limited to seniors living within the geographic boundaries of Cupertino (i.e., Cupertino residents). Prior to 1997-98, the waiting time for a SALA appointment at the Senior Center was 2 months or longer. As a result, only 42% ofthe Cupertino clients served by SALA from January to June 1997 were seen at the Cupertino Center, 16% were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued expansion of SALA's services for 2004-2005 will enable more Cupertino elders to be served 10cally instead of being forced to seek services at other SALA sites or forgoing services altogether because of transportation baITiers to these sites. The long waiting time for a SALA appointment at the Cupertino will also be reduced. Since the latest service expansion in 2002-2003, approximately 75% of the Cupertino elders served by SALA were seen at the Cupertino Center. As detailed in the project Work Plan, SALA proposes to complete the following objectives by 6/30105: (1) to provide Legal Services to 65 unduplicated Cupertino clients (age 60 or older), primarily through intake sessions (consisting of 5 one half hour appointments each) three times monthly at the Cupertino Senior Center, as well as through other SALA intake sites, telephone intake (for emergencies and homebound clients), and home visits; and (2) to conduct one Community Education presentation at the Cupertino Senior Center or at another site inCupertino. Project beneficiaries will be individual Cupertino residents, age 60 or older, targeting those who have low incomes, are frail, or are at risk. SALA's statistics for Cupertino elders for July - December 2003 indicate 80% were very low income (less than 50% of median), 10% were low income (less than 80% of median), and 40% were age 75 or older (a demographic indicator placing them at risk). Significantly, according to Santa Clara County's Older Adults: Key Indicators of Well Being, produced by the County Public Health Department in October 2001, of the 236,874 county residents age 60 or older, 22% are very low income and 30.5% are age 75 or older. SALA's statistics for 2003-04 also indicate 65% of our Cupertino clients were female. SALA expects similar demographics for Cupertino clients in 2004-05. The $12,000 requested will support direct personnel costs to maintain expanded services to Cupertino residents. Cupertino CDBG funds will be leveraged by six other sources of ongoing funding/support. See Part 9. There is no other funding to support SALA's expanded services in Cupertino.lf$6,500 is received, SALA will provide our 2001-2002 service levels (120 appointments annually/50 clients served). If$5,000 is received, SALA will provide our 1999-2000 service levels (96 appointments annually/40 clients served). If less than $5,000 is received, it may not be feasible for SALA to provide a second monthly intake session at the Cupertino Center. !fno CDBG funding is received, SALA's services at the Cupertino Center will be reduced to bi-monthly appointment sessions or could be eliminated altogether. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? To address the priority needs identified below, the Project's purpose is to provide free legal services to support seniors (especially those that are low income or at risk) to live independently, safely, non-institutionalized, and with dignity by protecting their rights, preventing their abuse, ensuring their access to services/entitlements, and planning for Office of Affordable Housing Standardized Applicalionfor Funding FY 04/05 1.2.-~1R their future. The critical nature afSA.LA's senior services is illustrated by the cases we open. As of the end of2002-03, the breakdown of our countywide open cases indicated that 21 % of the clients had problems with public benefits, 8% had a housing problem, 37% needed intervention for elder abuse, 27% requested an Advance Health Care Directive, 1 % had a nursing home problem, 5% had a Medicare supplement or HMO dispute, and I % needed help with probate alternatives. The Project objectives to be completed by 6/30/05 are: (1) to provide free Legal Services to 65 Cupertino clients (age 60/+), through intake sessions (consisting of 5 half hour appointments each) three times monthly at the Cupertino Senior Center, other SALA intake sites, telephone intake (for emergencieslhomebound clients), and home visits, and (2) to conduct one Community Education presentation at the Cupertino Senior Center or at another site in Cupertino. All of the tasks that the Project will undertake to accomplish each objective set forth above will be conducted by an attomey on SALA's staff, an intake volunteer, or a pro bono Wills Panel attorney. All attomeys on SALA's staff and the Wills Panel are licensed by the California State Bar. The Cupertino Senior Center staff will schedule and confim1 SALA's appointments at their site. The Center will also provide rental-free use of a private office for our appointments. The Project outcomes to be accomplished by 6/30/05 are set fDIih below. Because SALA provides only one service countywide, legal services, our funders allow us to use countywide outcomes. Outcome #1 is that of the countywide clients whose cases were closed in 2004-05, 80% will have experienced increased access to legal infonnation, knowledge/tools, and services regarding elders' benefits, rights, safety, protection, and planning. This will be measured by pre and post data from client intake fDIms andlor closing reports documenting primary legal problem and disposition of that matter. Outcome #2 is that of the countywide clients receiving consultation, brief service, or representation services whose cases were closed in 2004-05, and who retumed a survey, 80% will have experienced satisfaction with the quality and professionalism of SA LA's services, as well as an increased sense of safety, security, or peace of mind. This will be measured by surveying a small sample of clients as to their satisfaction and whether they experienced increased safety, security, or peace on mind. All clients for whom a case was opened will be sent a survey after their case is closed. The results of SA LA's 2002-2003 Outcome Evaluations indicated that 98% of our countywide clients achieved Outcome #1 and 93% of the sampling of countywide clients achieved Outcome #2. With respect to priority needs, SALA's project meets the definition of a Public Service under the federal CDBG program and targets services to the elderly, a group presumed to be "very low and low income" for the CDBG program. It also falls within the "Senior Services" category in the 2004-05 CDBG Funding Priorities for Cupertino and is identified as a "High" priority Public Service Need (Senior Services) in Cupertino's Consolidated Plan. (Table 2B, C::ommunity Development Needs). As noted in Part 4, SALA statistics for Cupertino elders served from July to December 2003 also indicate that 80% were very low income (less than 50% of median) and additional 10% were low income (less than 80% of the median). These statistics also indicated that 40% were age 75 or older (a demographic indicator that they may be frail or at risk). Moreover, SALA's Jegal assistance or intervention to prevent physical abuse and domestic violence against elders also addresses another "high" priority Public Service Need in tbe Consolidated Plan, Domestic Violence Support. Thus, SALA's project meets a national objective for CDBG, and jurisdictional objectives/priority needs for Cupertino, because it provides services that benefit very low and low-income persons and it targets the elderly, some of whom are also victims of domestic violence or physical elder abuse. The project also meets the preference for Cupertino-based agencies because it provides services at the Cupertino Senior Center. In addition to the priority needs identified in the City's Consolidated Plan, Council on Aging's (COA) needs report, Coming of Age (1994), documents the specific and critical need for legal services for seniors in Santa Clara County elders, including Cupertino, particularly for the low-income and at risk populations. It states that for elders "who need assistance in dealing with agencies. Legal Assistance is needed to establish eligibility and to secure benefits." This COA report also notes the importance of legal services for physical and financial abuse, as well as competence, and indicates that legal issues are imbedded in many other areas of service essentia] to the elder population's daily survival. The COA Area Plan on Agingfor 2001-2005 affim1s that legal assistance continues to be a priority need in Santa CJara County "to help older persons obtain services and benefits including protective services for financial abuse, competence and conservatorship ". Unmet Civil Legal Needs of Indigent Residents of Santa Clara County, a report prepared for the Board of Supervisors in August 200 I, also confirms the findings of the above cited repDIis and notes: "legal representation and counsel can be essential to the elderly and their families in gaining access to health, income. and social services. " 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. SALA has a bilingual and culturally diverse staff with extensive expertise in legal problems oflow income and at risk elders. SALA's managing attomeys have extensive experience (29 years) in this area. Directing Attorney Georgia Office of Affordable Housing Standardized Application for Funding FY 04/05 (2.-&1 Bac\\ (J .D.'19j, allocated .OLl. FIE to the C\ll)eIti\\.o l)Ioject, has 2G 'jeals' exl)erienœ in tha.t l)Oslt\on a.nd Sll\")er\llSlWs Attomey Michele Schroeder (J.D.'94), allocated .04 FTE to Cupertino, has worked at SALA for 9 years. These two attomeys supervise and train SALA's Staff Attoll1eys and our volunteers. Other project staff include Staff Attomey Fawn Reed (J.D. '02), allocated .09 FTE to Cupertino, who has worked at SALA since August 2002 and Staff Attomey Beatriz, Lopez, allocated .01 FTE to the project, who has worked at SALA since April 2001. Legal Secretary Victoria Saucedo, allocated .05 FTE to the project, has worked at SALA for 4+ years and SALA's Administrator Isaac Berezovsky, who handles the agency's fiscal functions and is allocated .04 FTE to the project, has served in that position for 3+ years. Bacil and Lopez are bi-lingual in English/Spanish and Berezovsky speaks Portuguese. Lopez and Saucedo are Hispanic. SALA's Directing Attomey has overall responsibility for the legal services perfonned by SALA. With the exception of the Directing Attomey, all attomeys on SALA's staff provide the direct legal services described herein. All SALA attomeys also provide community education and participate in collaborative activities and outreach. As noted in Part 4, SALA's staff is augmented by 5 volunteer intake workers who interview clients at senior centers. In addition a minimum of 15 pro bono attomeys serve on SALA's Wills Panel. Since 1988, the Wills Panel has provided Simple Wills, free of charge, to SALA clients with modest assets at Will Days at senior Centers arranged by SALA. SALA's Legal Secretary supports the work of the SALA staff and volunteer attoll1eyslintake workers; she also conducts telephone intake and screening for any client emergencies (such as elder abuse matters) that cannot wait for a senior center appointment. All attomeys on SALA's staff and the Wills Panel are licensed by the Califomia State Bar. The Cupertino Senior Center staff will schedule SALA's appointments at their site and will also provide rental-free use of a private office. By virtue of SALA's 30 years of serving elders in Santa Clara County, SALA has well-established intemal and extemal monitoring procedures to evaluate program perfoIT11ance and SALA continues to meet or exceed our all of our funders' perfoIT11ance goals. See Part 7 for detail. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. Ifpreviously funded, what where goals and accomplishments of CDBG projects. As noted in Part 4, incorporated herein, SALA is a nonprofit law office that provides free legal services to Santa Clara County elders. SALA provides services, by appointment, at 23 sites, including the Cupertino Senior Center. I Services are targeted to elders who are low income or at risk. Legal services focus upon: Public Benefits; Elder Abuse; Nursing Homes; Advance Health Care Directives; Consumer; Housing; and Simple Wills (by our Wil1s Panel). Founded in 1973, SALA is one of three most experienced legal service programs for seniors in the nation. In 1975, SALA was funded as a Model Project by the Administration on Aging, serving as a prototype for similar programs nationwide. Today, SALA is supported by the Older Americans Act and 16 other funders, including Cupertino. SALA continues to be the only agency designated by Council on Aging to provide legal services exclusively to local elders. By virtue of SALA's 30 years of service, the agency has strong qualifications and experience in providing services of the type proposed. In fact, SALA has been serving Cupertino seniors since 1979. Each year, SALA provides legal services to approximately 2,000 clients countywide. In 2002-2003, SALA served 2,236 clients through senior center appointments, home visits, or by telephone (for emergencies or homebound clients). Annually, SALA also makes at least 20 presentations to elders or their advocates. Last year, at least 990 persons attended one of SALA 's 27 presentations. With respect to previously funded CDBG projects, SALA has met or exceeded all contract goals since the project was first funded by Cupertino's CDBG program in 1997-98. For 1997-98, 1998-99, and 1999-2000, our goal was to serve 40 Cupertino clients; we served 50 clients (1997-98), 61 clients (1998-99), and 46 clients (1999-2000). In 2000-01 and 2001-02, the goal was 50 clients and we served 50 clients and 70 clients, respectively. For 2002-03, the goal was 65 clients and we served 77 Cupertino clients. SALA has also met or exceeded our CDBG contract goals with other cities since we have been funded. These CDBG cities include Milpitas, Mountain View, San Jose, Santa Clara, and Sunnyvale. 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. SALA's 2002-03 audit, completed by Parrish & Peterson on August 29, 2003, and the intemal control letter is included with this proposal. There were no negative findings or concems cited in the audit or letter. As such, there was J1( need to take any actions to correct identified findings or concerns. Office of Affordable Housing Standardized Application for Funding FY 04/05 4 {)..-&6 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT1: SOURCE ESTIMATED AMOUNT STATUS' Application pending with this City of Cupertino 12,000 proposal. Decision expected in Aoril 2004. Pending Approval. No application California Dept. of Aging 40 process for 04-05. Expected renewal of Ol1<'oing grant in June 2004. Pending Approval. In a 4-year grant Council on AginglOlder 5,428 cycle. Expected renewal/approval of Americans Act ongoing grant in June 2004. Pending Approval. Applied for State Bar 583 continued funding from this ongoing grant source in January 2004. Expected renewal/approval of ongoing grant bv Amil 04. Pending Approval. In 3-year grant United Way 1,993 cycle. Expected renewal of ongoing grant for 2004-05 in June 2004. Pending Approval. In 3-year grant Santa Clara County General 1,410 cycle. Expected renewal/approval of Fund' ongoing grant in Snring 2004. To be raised by June 30, 2005. Contributionsllnvestments 2,994 Estimated amount based upon revenues raised in previous years. To be donated by June 30, 2005. In-kind Services and Space 3,472 Estimated mount based upon in- kind SUDDort from mevious years. ESTIMATED TOTAL PROJECT COST: $27.920 (Should equal total project cost on cover page) , NOTE: SALA does not receive any County CDBG funds for our Cupertino project or any other services provided by the agency. Include all sources of funds including CDBG all,ocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates affinal funding decisions. Office of Affordable Housing Standardized Application for Funding FY 04/05 {.1.-t9 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Senior Adults Legal Assistance (SALA) DATE PREPARED Februarv 25. 2004 PROJECT NAME Legal Assistance to Cupertino Elders Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1st 2nd 3rd 4th TOTAL LEGAL SERVICES: Provide direct legal services to Cupertino Serve a total of 65 Cupertino elders by year-end or by 20 15 15 15 65 elders by offering 36 intake days (consisting of 5 June 30, 2005 elders elders elders elders elders half hour appointments each) annually at the served served served served served by Cupertino Senior Center, through other SALA by Sept by Dec. by by June year-end or intake sites, by home visits, or through telephone 30,2004 31, Marcb 30, June 30, intake. 2004 30, 2005 2005' 2005 COMMUNITY EDUCATION: Provide community education at the Cupertino Senior Center or at another site in the City of Make one education presentation by year-end or by 0 0 0 I I Cupertino. June 30, 2005 presen- present" tion tation by year-end by June or Junl" 30 30 - 'This represents a cumulative total of 65 Cupertino elders served by the end ofthe 2004-2005 year. /'-> , .....) D Office of Affordable Housing Standardized Application for Funding FY 04/05 <- 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: ----.S.enior Adults Legal Assistance (SALA) Date Prepared: Februarv 2:t 2004 Project Name: Legal Assistance To Cupertino Elders - "'" I ..) CATEGORY BUDGET FOR YEAR SALARIES: Personnel 19,085 (10,243 to be funded by Cupertino CDBG). Benefits 2,710 (1,757 to be funded by Cupertino CDBG). OFFICE EXPENSE: Rent 2,466 Telephone/Fax 420 Printing 108 Travel 68 Utilities 0 Office Supplies 380 Postage 108 Equipment Maintenance/Repair 168 Law Librarv/Publications 504 TraininglBar Dues 200 Mi s cell a n eo u sID e p recia Ii a n 346 PROJECT EXPENSES: Accounting Services 179 Auditing Fees 276 Insurance 902 Davis Bacon Compliance 0 PROJECT CONSTRUCTION: Appraisal Engineering Services ArchilecturallDesign Acquisition TOTAL: $27,920 Office of Affordable Housing Standardized Application for Funding FY 04/05 -~ '1~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. APPLICANT ORGANIZATION: STANDARDIZED APPLICATION FOR FUNDING RECEIVED FE~¡ 2 7 ?nn4 Date:2/23/04 Agency Name: Support Network for Battered Women BY: Street Address: 1975 W El Camino Real Suite 205 City: Mountain View State: CA EXECUTIVE DIRECTOR: Sylvia Hines Signature: ~~ L Phone No: 50-940- 7850 Fax No:650-940-1037 E-Mail:shines@snbw.org 2. PROJECT NAME: Domestic Violence Services for Cupertino Families Blief Project Description: The Support Network operates Santa Clara County's only 24-hour hotline and provides comprehensive support services, including emergency housing, to battered women and their children. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Weare listed under High Priority on Table 2A of the Consolidated Plan. Project AddresslLocation: 1975 W El Camino Real Suite 205. Mountain View, CA 94040 CONTACT PERSONITITLE: Nicole Baran, Grant & Contract Manager Phone No:650-940-7891 Fax No:650-940-1037 E-Mail:nbaran@snbw.org 3. FUNDS REQUESTED: $5.900 Total Project Costs: $1,249,652 Is this a Public Service Project: Yes ¡:g¡ No 0 Cost Per Service Unit or Per Client: $1.562 Funds Requested from Cupertino in FY 03/04:5.900 Funds Received in FY 03/04:5.900 Number of proposed un duplicated Cupertino beneficiaries: 14 Number of proposed unduplicated Cupe11ino beneficiaries at or below CUlTent countywide median income: 0-30% (Extremely low) 12 31-50% (Very low) 51-80% (low) Office of Affordable Housing Standardized Application for Funding FY 04/05 1.1-73 4. PROJRC1' DESCRIPTION A.ND NUMBER OF UNDUPLICA. TED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). City funds will be used to provide comprehensive domestic violence services to 14 battered women and children who reside in Cupertino, with extremely low, very low and low incomes. The Support Network will provide 10 battered women with crisis counseling through case management, individual and group sessions through our: Crisis Intervention Program: Cupertino residents who experience physical or emotional assaults can call the Support Network's 24-hour crisis line. Bilingual counselors offer information, referrals and advocacy with social service agencies and police departments. Arrangements for immediate emergency shelter for women and children can be made through our residential shelter or a network of local motels. Emergency food, clothing and transportation are also provided. Drop- in individual counseling and support groups are available during regular business and evening hours. Clinical Therapv Program: Clinical counseling continues the empowerment process to women who have experienced domestic violence. The Support Network offers individual and group counseling by licensed psychotherapists and registered clinical interns working under the supervision of local licensed therapists. Clinical groups and individual counseling sessions are available each week in both English and Spanish. Art therapy and psychoeducational classes are also provided weekly. The Support Network will provide 4 battered women and children with short-term and medium-term emergenQ shelter through our: Shelter Services Program: The Support Network's shelter provides a safe place for battered women and their children for an average of 4-6 weeks. Women in residence are given individual and group counseling, assistance in finding permanent housing, and advocacy with social service agencies. At the shelter, we encourage a self-sufficient lifestyle and provide support for women to remain employed or in school, if possible. Life skills' workshops are offered in the areas of financial planning, pre-employment training, communication, and parenting. The shelter facility has an IS-bed capacity for women and their children. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? The overall objective of the crisis intervention component is to provide support services to women in crisis and to empower them to rebuild their lives free of violence. Crisis counselors consistently address safety concerns and help clients prepare safety plans. The Support Network encourages women to make independent decisions regarding their lives and the lives of their children. 30% of all in-person crisis program clients will complete an evaluation of services. The objective of the Clinical Therapy Program is to help women and children address the long-term effects of abuse and violence, such as post-traumatic stress, anger, and depression. 65% of clients who have completed at least 15 weeks of individual therapy or one ten week cycle of a psycho-educational group will increase their Self Efficacy Score by 25%. The overall objective of the Shelter Services Program is to provide both short-term (1-5 nights) an: medium-term (4-6 weeks) shelter. 75% of female shelter residents will have improved the safety and stability of Office of Affordable Housing Standardized Application for Funding FY 04/05 2 (:2.-7L{ their \i\ling &ituation. A recent Fard Foui\datioi\ ~tlldy determined that 50% of homeless women and children were fleeing domestic abuse. Providing women with immediate shelter, crisis intervention and safety planning directly benefits battered women's potential to reach financial and physical security. Office of Affordable Housing Standardized Application for F,mding FY 04/05 (.2 -IS 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time, and staff functions. Responsible staff Staff Functions Percentage of person(s) time charged to this activity Shauna Fujimoto, Responsible for providing or supervising the provision of 33% Director of Client counseling for battered women through individual and group Services sessions. Supervises all program coordinators. Denise Henderson, Responsible for supervising or providing the provision of 33% Crisis Program counseling, information, and referral through 24-hour hotline, Coordinator completing intake and orientation of clients, developing service plan for clients, facilitating weekly support groups, and maintaining client files. Lupe Lucero, Responsible for supervising or providing the provision of case 100% Shelter Coordinator management of women and children in the shelter program. Oversees the day to day operation of the shelter and children's program. Maria Acosta, Provide case management of women and children in the shelter 100% Shelter Case program. Manager V arda Perleman, Provide counseling and support to children in the shelter program. 50% Children's Program Coordinator 7. AGENCY DESCRIPTION AND PREVIOUS CDBG. HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of CDBG projects. The Support Network for Battered Women's mission is to empower our diverse community to live free of domestic violence. We operate Santa Clara County's only 24-hour, toll-free, bilingual (Spanish/English) crisis line for victims of domestic violence. Our counseling program offers crisis counseling, short and long-term therapy, peer support groups and an extensive children's program providing art and play therapy. We have one of only five emergency shelters in the County available specifically for battered women and their children. Clients reside in an apartment setting for up to eight weeks, working closely with case managers, child advocates, attorneys and therapists in structuring a life free from violence. The Support Network is the only domestic violence agency in the County to have attorneys on staff to provide direct representation, legal advice and to assist clients with issues ranging from filing restraining orders to divorce and child custody. Through our community education department, we provide crucial leadership and advocacy by traininr professionals throughout the community, including law enforcement, state and local legislators, social service and Office of Affordable Housing 4 Standardized Application for Funding FY 04/05 11-1lo healthcare professionals. and clergy, as well as providing presentations to the general j1nbhc at corpor'ð.tiOl1S, he'ð.lth fairs and local schools. The Support Network has provided domestic violence services for 25 years. in 2003, Support Network, staff and volunteers answered 5,485 crisis calls, sheltered 121 women and 142 children for a total of 3,546 bed-nights, assisted 267 clients with legal needs, provided counseling to 1,543 battered women and children, and conducted community education workshops and trainings to law enforcement personnel attended by 12,714 adults and teens. Our trained volunteers contributed more than 14,500 hours of community service in the various programs. SUpp011 Network has received CDBG funding from Cupel1ino since 1994, for the purposes of providing counseling, emergency shelter, legal services, and crisis calls for Cupe11ino women and children who are victims of domestic violence. Over the years, we have provided these essential services for hundreds of Cupertino women and children. We have usually met or exceeded our goals in serving Cupel1ino residents. Office of Affordable Housing Standardized Application for Funding FY 04/05 /2-Îl 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. The most recent audit of our organization is for FYOIl02. Due to several employee transitions over the past year, the completion of the audit for FY02/03 was postponed and is currently being finalized. A copy will be sent to you immediately upon completion. The annual audit conforms to generally accepted accounting plinciples, indicates solvency and addresses the organization's fiscal ability to perform contract services. Office of Affordable Housing 6 Standardized Application for Funding FY 04/05 /.2.-j!r 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT Support Network for Battered Women List of Projected Funding Sources - Program Fiscal Year 2004/2005 Source Estimated Amount Status United Way $ 114,615.00 Anticipated Renewal Individuals/Community OrgslFaith Groups $ 113,123.00 Projected Revenue Foundations $ 180,000.00 Projected Revenue Corporations $ 50,000.00 Projected Revenue Fees for Service $ 25,000.00 Projected Revenue Merchandise $ 2,500.00 Projected Revenue Government Violence AGainst Women Act $ 40,000.00 Anticioated Renewal Office of Emerqency Services $ 251,544.00 Anticipated Renewal Health Services - Maternal and Child Health $ 161,000.00 Anticipated Renewal County of Santa Clara - General Fund $ 18,000.00 Anticipated Renewal County of Santa Clara - Probation Advocate $ 55,000.00 Anticipated Renewai County of Santa Clara - Unmet Legal Services $ 25,000.00 Projected Revenue County of Santa Clara - ESG $ 6,170.00 Anticioated Renewal County of Santa Clara - Empowerment $ 33,000.00 Anticioated Renewal City of Campbell - CDBG $ 4,500.00 Anticipated Renewal City of Cupertino - CDBG $ 5,200.00 Anticipated Renewal City of Los Altos - CDBG $ 2,500.00 Anticipated Renewal City of Los Altos Hills $ 1,500.00 Anticipated Renewal City of Milpitas -CDBG $ 5,000.00 Anticioated Renewal City of Mountain View- General Funds $ 32,000.00 Anticipated Renewal City of Palo Alto - HSRAP $ 25,000.00 Anticipated Renewal City of Santa Clara - CDBG $ 7,000.00 Anticipated Renewal City of Sunnyvale - CDBG $ 24,000.00 Anticipated Renewal Town of Los Gatos - CDBG $ 5,000.00 Anticioated Renewal Healthy Neiqhborhood Venture Fund $ 63,000.00 Projected Revenue Estimated Total Project Cost $ 1,249,652.00 (1- 71 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 DATE PREPARED 2/25104 AGENCY NAME Support Network for Battered Women PROJECT NAME Services to Battered Women The Support Network will provide battered 14 battered women and their children will be served women and children with short-term and through our Shelter Services Program. medium-term emergency shelter through our Shelter Services Program. Specific Activities The Support Network will provide battered women with crisis counseling through case management, individual and group sessions. ............ ~ \ ""<1 Office of Affordable Housing D Products or Milestones to be accomplished (Use Specific Numerical Data When Possible) Benchmarks or Beneficiaries For Each Quarter Quantify When Possible 2nd I 3cd 14th I TOTAL 1st 10 battered women from Cupertino will be served I 2 through our crisis intervention program and clinical counseling program. 10 - 3 2 3 I I I 4 I - Standardized Application for Funding FY 04/05 R 11. BUDGET For Amount Requested FY 2004/2005 AGENCY NAME: Support Network for Battered Women PROJECT NAME: Services to Battered Women Date Prepared: February 25, 2004 ~ r ~ -- CATEGORY BUDGET FOR YEAR SALARIES: Personnel 3,300.00 Benefits 600.00 OFFICE EXPENSE: Rent 750.00 Telephone/Fax 1,000.00 Printing Travel Utilities Office Supplies Postage Equipment Maintenance /Repair PROJECT EXPENSES: Accounting Services Auditing Fees 250.00 Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architectural! Design Acquisition TOTAL: 5,900.00 Office of Affordable Housing Standardized Application for Funding FY 04/05 IF CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/200 RECEIVED STANDARDIZED APPLICATION FOR FUNDING FER :2~. ;>nrL1 1. APPLICANT ORGANIZATION: Date: Februarv 27 200 Agency Name: Cupertino Community Housing for the Disabled. Inc. Street Address: 658 Bair Island Road, Suite 300 City: Redwood City State: California EXECUTNE DIRECTOR: Fran Wagstaff Signature:~ L(J ~ Phone No: (650) 299-8000 Fax No:(650) 299-8010 ~ E-Mail: 2. PROJECT NAME: Cupertino Community Housing for the Disabled, Inc. (Le Beaulieu) Brief Project Description: Rehab project includes replacement of existing ramp, siding. and roof. exterior paint, improvement of exterior electrical lighting. and conversion of 2nd floor units' bathroom to handicapped accessible. Identity City of Cupertino Consolidated Plan Priority Needs (see attached): There are a total of 34 . Cupertino residents who occupy the 27 units. I of which is the manager's unit. Of the 26 rented units. all are occupied by individuals who are either physically or developmentally handicapped which is a high level Special Needs City of Cupertino priority need. Of the 26 residents. 25 households have eamings 30% of Area Median Income which is also a high level City of Cupertino Consolidated Priority Need. In addition, there are 12 seniors and 2 small families who comprise the 30% extremely low handicapped residents. Project Address/Location: 10092 Bianchi Way, Cupertino. California 95014 CONTACT PERSON/TITLE: Grace Ho. Project Manager Phone No: (650) 839-5548 Fax No: (650) 299-8010 E-Mail: ghoC@,midpen-housing.org 3. FUNDS REQUESTED: $ $450.000 Total Project Costs $850,000 Is this a Public Service Project: Yes 0 No 0 Cost Per Service Unit or Per Client: $3l,48l/Unit Funds Requested from Cupertino in FY 03/04:~Funds Received in FY 03/04: $0 Number of proposed unduplicated Cupertino beneficiaries: 34 Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) Office oj Affordable Housing 25 31-50% (Very low) 51-80% (low) Standardized Application Jor Funding FY 04/05 ¡2-DJ 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. SO lower income families, 25 homeless persons, 100 lower income households, etc.). Le Beaulieu's 27-unit (including I manager's unit) complex is home to Cupertino residents who are physically or developmentally disabled. The unduplicated project beneficiaries include 25 households have earnings 30% of Area Median Income and 1 market rent unit also occupied by a disabled individual. Of these 25 extremely lower income households, 12 are seniors and 2 are small families. Many of these residents are able to live independently not only with project-based Section 8 housing assistance, but with the help oflive-in care providers that comprise the 34 total residents living at Le Beaulieu. The overall rehabilitation plan includes the addition of a new community area so that we can provide on- site services for our residents, landscape upgrades, and interior work. We have some resources through replacement reserves but they are inadequate to address the true needs of the property. With the assistance of different funding sources, we would like to maintain replacement reserve funds as a contingency fund to complete additional structural damage that may become apparent during the rehabilitation, especially with concerns from the failed siding. With the City's assistance, we would like to complete the immediate physical needs that we estimate to cost over $450,000 with an overall scope of work reaching $800,000. Developed in 1984, Le Beaulieu is a two-story property with a ramp and lift, constructed in accordance with ADA requirements at the time and currently outdated and in urgent need for replacement. The ramp and lift cannot accommodate the newer wheelchairs that are bigger than previously designed models. The lack of access is a potentially serious safety concern for our physically disabled residents. While interim measures have been taken to ensure residents' safety, MPHC has determined that the immediate removal of the existing ramp and lift and installation of a new ramp are the only remedy in addressing this problem. Furthermore, we have identified deficient areas where exterior lighting can be added or improved upon in order provide better illumination on-site; thereby, ensuring our residents' sense of well-being and safety. Also, in order to continue to provide an affordable housing opportunity for Cupertino's disabled community to live independently, the rehabilitation plan includes accessibility modifications to the 2nd floor bathrooms that are not meeting current requirements. The rehabilitation plan also includes tackling the property's long overdue physical needs. The hardboard siding has failed in several locations and needs replacement. In addition, recent winters have proven that the original roof, installed in 1984, is near its useful life and is in need of replacement. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 ! ~ - iff 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? Cupertino Community Housing for the Disabled, Inc. intends on using CDBG monies to assist with the rehabilitation costs of the immediate physical needs and life-safety issues of the overall rehabilitation plan. We will be refinancing the property to help fund the rehabilitation; however, we are seeking additional funding sources in order to assist with the projected shortfall from refinancing and complete the overall scope of work. According to the City of Cupertino's priority needs, there is a high priority for 30% extremely low income small related renter, a medium priority for 30% extremely low income senior renter, and a high priority for Special Needs population. We currently serve these populations, and would like to proceed with a refinancing and rehabilitation plan that would preserve the affordability stock in the City of Cupertino. We have determined that refinancing is necessary to continue long-term affordability & maintain building standards. We have some resources through replacement reserves but they are inadequate to address the true needs of the property. We are currently in the process of refinancing in order to proceed with our capital improvement plan for Le Beaulieu. Our plan for rehabilitation addresses all of CDBG funding objectives. Property operations rely heavily on rent subsidies that allow us to provide affordable rents to all of our residents. Without refinancing, the project financial viability will be in jeopardy. The eligibility criteria for renewing Section 8 includes keeping the property "decent, safe, sanitary and in good repair." Without the rent subsidy, the project faces the risk of conversion from affordable housing to market. 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. For Le Beaulieu's rehabilitation plan, a project manager and a construction manager have been assigned full-time for the duration of the project. The plan for the new addition and the ramp was approved by the City of Cupertino's Planning Department on December 8,2003. We are expecting the architect to provide construction documents for the approved plan and the rest of the scope items by late March 2004. At that time, we will be securing bids, submitting to the City's Building Department, and beginning the refinancing process with CaIHFA. We anticipate securing financing by June 2004 and construction is tentatively scheduled to begin immediately thereafter. Office of Affordable Housing Standardized Application for Funding FY 04/05 ( .z. -D) 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what where goals and accomplishments ofCDBG projects. Founded in 1970, Mid-Peninsula Housing Coalition (MPHC) is one of the largest non-profit affordable housing owner & developer in Northern California. With over 5, I 00 units of affordable housing developed since inception, MPHC is a leader in the affordable housing industry. MPHC has made it a priority to acquire and rehabilitate existing properties to ensure that they remain affordable for the long term. MPHC has received extensive national, regional and local recognition for excellence and the quality of its housing. In accordance with our mission "to provide decent, safe, affordable shelter of high quality to this in need of it; to help establish stability and opportunity in the lives of our residents; and to foster communities that allow citizen from all ethnic, social, and economic backgrounds to live in dignity, harmony, and mutual respect," MPHC assumed ownership ofLe Beaulieu in 1998, and takes great pride in providing an affordable housing opportunity for our residents to live independently. 8. AUDIT INFORMATION: Please provide the date ofthe most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use ofCDBG funds. Also, describe any actions taken to correct identified findings or concerns. The most recent audit was completed on August 4, 2003 for fiscal year ending June 30, 2003. Please see attached. Office of Affordable Housing 4 Standardized Application for Funding FY 04/05 r2~1(ç 9. OTHER SOURCES OF FUNDS ANTlCIP ATED FOR THIS PROJECT1: SOURCE ESTIMATED AMOUNT STATUS' $450,000 Application pending with final CDBG funding decision anticipated on April 19,2004. CalHFA 30-year loan for approx. Refinancing application to $1,500,000 @ about 5% begin in May 2004 after interest completion of construction documents. ESTIMATED TOTAL PROJECT COST: $850.000 (Should equal total project cost on cover page) 1 Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates offilla! funding decisions. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 {o? -'%1 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Cupertino Community Housinj>; for the Disabled, Inc. DATE PREPARED February 27,2004 PROJECT NAME Cupertino Community Hollsil1g forJh~I2isablecl Inc. Specific Activities Products or Milestones to be accomplished Beuchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1st 2nD 3'" 4tn TOTAL Ramp Ramp 27 units Exterior Paint Painted Buildings 27 units Roof Roof 27 units Siding, him, & details (partial) Siding 27 units 27 units Electrical lighting Well-lit property grounds 10 units 2nd floor bathroom conversion Roll-in showers ---.. ¡v I ~ Office of Affordoble Housing Standardized Application for Funding FY 04/05 " -. tv ( ~ ~ 11. BUDGET For Amount Requested FY 200412005 Ageucy Name: Cupertino Community Housing for the Disabled Inc. Date Prepared: February 27~4 Project Name: Cupertino Community Housing for the Disabled Inc. CATEGORY BUDGET FOR YEAR SALARIES: Personnel Benefits OFFICE EXPENSE: Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment Maintenance /Repair PROJECT EXPENSES: Accounting Services Auditing Fees Insurance Davis Bacon Compliance Office of Affordable Housing Standardized Application for Funding FY 04/05 7 ?J \ ~ Ç:> PROJECT CONSTRUCTION: Appraisal Engineering Services Architectnral/Design $100,000 Acquisition New communal addition $150,000 Ramp $ 40,000 Exterior Paint $ 65,000 Roof $ 85,000 Siding, trim & details $110,000 Electrical lighting $ 15,000 2'd floor bathroom conversion $ 45,000 Interior Rehab $100,000 Landscape $50,000 General Requirements $ 40,000 General Contractor's Fees $ 50,000 TOTAL: $850,000 * factors in Davis Bacon compliance Office of Affordable Housing Standardized Application for Funding FY 04/05 J.I ,-~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. Date: FF:7 2 '1 2iJ04 004 STANDARDIZED APPLICATION FOR FUNDIN APPLICANT ORGANIZATION: Februar Agency Name: Economic and Social Opportunities. Inc. (ESO) Street Address: 1445 Oakland Road City: San Jose State: California EXECUTIVE ~!¥CTOR~ ,TemmA Fokhod C., '=idoo"CEO Signature: (fin?;, 1/fú/~, - Phone No: (408) 971-0888 Fax No: (408) 286-9109 E-Mail: 2. PROJECT NAME: Housing and Energy Services Program Brief Project Description: Provides direct housing services -emergency home repairs; accessibility. safety and energy efficiency improvements to lower income households. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Policy 3-8: Maintenance and Repair. Assist very low & low income homeowners & rental property owners in maintaining & repairing their housing units. Policy 3-10: Encourage energy conservation in all existing.. .. Project Address/Location: Proiect services are provided City-Wide CONTACT PERSON/TITLE: Paul Tatsuta. Director - Housing and Energy Services Division Phone No: (408) 668-2527 Fax No: (408) 286-9109 E-Mail: ptatsuta(å),esoi.org 3. FUNDS REQUESTED: $ 45,000 Total Project Costs $2,215,000 Is this a Public Service Project: YesO Nocg¡ Cost Per Service Unit or Per Client: $2.250.00 Funds Requested from Cupertino in FY 03/04: $45,000 Funds Received in FY 03/04: $45.000 Number of proposed unduplicated Cupertino beneficiaries: 20 households Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) 4 31-50% (Very low) 6 51-80%(1ow) 10 Office oj Affordable Housing Standardized ApplicationJo,. Funding FY 04/05 /1-11 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). ESO's Housing and Energy Services Program will provide home repair and/or improvement services to a minimum of twenty (20) households. SERVICES include, but are not limited to: Safety Inspections/Assessments: testing of gas appliances to check for proper combustion & carbon monoxide (CO) levels, accessibility evaluations and screenings for potential lead paint hazards. Health & Safety Improvements: education on lead paint hazards, installation of CO & smoke detectors, repair of broken doors & windows; repair of gas appliances; construction of wheelchair ramps & special steps; installation of grab bars, handrails and other assistive equipment. Emergency Home Repairs: repair of plumbing fixtures; replacement of water heaters, etc. Energy Conservation Improvements: furnace repair/replacement; installation of insulation, weatherstripping, caulking, etc.; energy efficient lighting & appliance replacement. PERSONNEL: All activities are performed by program staff - i.e., recruitment & qualification of eligible households, housing assessments, preparation of work orders, wheelchairlstep designs, construction/installation/repair work, and quality assurance inspections of completed work. TARGET GROUPS: very low income senior, physically disabled and female headed households. Home repair services are limited to homeowners only. Energy conservation and safety improvements are available to both homeowners and renters, with landlord approval. LEVERAGED RESOURCES: fleet of twelve vehicles and over $15,000 in diagnostic and construction equipment. Appliance testing, lead-safe worker training and weatherization/construction training is funded through federal grants. Funding for the replacement of furnaces, stoves and water heaters may be leveraged from federal energy assistance program grants. For FY2004-05, we anticipate our federal energy assistance program budget to exceed $1 million. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? OBJECTIVE: ESO's Housing and Energy Services Program will assist a minimum of twenty (20) low income Cupertino households. OUTCOMES & BENEFITS: Project will improve health & safety conditions in client homes, preserve affordable housing, increase housing opportunities for physically limited individuals, enable seniors to stay in their homes longer & avoid placement in nursing homes, and decrease home energy costs through energy efficiency improvements thereby making housing more affordable. The repair of minor problems reduces the need for costly housing rehabilitation. Wheelchair ramps and grab bars enable disabled individuals to remain independent and self-reliant and reduces the number of emergency response calls (i.e., 911) required by people who have fallen in their homes. Screening for lead paint hazards and gas appliance testing help household members recognize and deal with the possible harn1ful environmental conditions in their homes. Installation of CO detectors and smoke alarms provide an ongoing margin of safety that many households cannot afford or simply neglect to install or maintain. Project addresses the following Consolidated Plan policies: #3-8 Maintenance and Repair, #3-10 Energy Conservation of existing residences, and #3-11 Special Needs Households. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 2 ( 1-92 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. Overall responsibility for the management of the Housing and Energy Services Program rests with the Division's Director. In addition to the Director, staffing for the proposed project includes an Operations Manager, Program Coordinator, Community Workers and work crews consisting of Housing Technicians and Weatherization Installers. These individuals are supported by office staff consisting of an Office Manager and Department Specialists. Both field and office staff is multi-cultural and are fluent in English, Spanish, and Vietnamese. The Program Coordinator and Community Workers are responsible for the recruitment and qualification of eligible households, assessment of client homes, preparation of preliminary work orders, and the inspection of completed work to ensure proper execution of the work orders and client satisfaction with the services provided. Work orders are implemented by crews (i.e., Housing Technicians & Weatherization Installers) under the supervision of the Division's Operations Manager. Monitoring of the program's activities and progress toward contractual goals is performed through the review of monthly activity reports submitted to the agency's PresidentlCEO and Board of Directors. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. Ifpreviously funded, what where goals and accomplishments ofCDBG projects. ESO, a private non-profit public benefit corporation, has served as the state designated Community Action Agency for Santa Clara County since 1970. ESO's mandate is to assist families and individuals to become independent and self-sufficient. In pursuit of this goal, ESO administers a variety of programs that reflect the agency's holistic approach to solving the problems oflow income families. Services currently provided by ESO programs include: job placement, ESL, center-based & family day care, substance abuse counseling, AIDS education/counseling, parenting classes, pre-natal & nutrition care, and utility payment assistance. ESO has been operating housing improvement services such as those included in this proposal since 1976. ESO's Housing and Energy Services department serves over 6,000 low income, Santa Clara County households annually. Historically, ESO's programs have met or exceeded all contract objectives for our CDBG funded activities for over 20 years. Under ESO's current City of Cupertino CDBG contract, ESO has met both the first and second quarter goals on schedule. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 12.-13 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. ESO's organization-wide financial audit for the period July I, 2002 through June 30, 2003, was submitted to the County in December 2003. ESO's audit did not include any findings or concerns pertaining to the use ofCDBG or any other funds. 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS. Urban County CDBG 90,000 application pending-05/04 Campbell CDBG 30,000 application pending-05/04 Cupertino CDBG 45,000 application pending-05/04 Milpitas CDBG 80,000 application pending-05/04 Mountain View CDBG 30,000 application pending-05/04 Palo Alto CDBG 60,000 application pending-05/04 San Jose CDBG 680,000 application pending-05/04 CSDIDOE-WAP 140,000 projected funding CSD/LIHEAP 1,060,000 projected funding ESTIMATED TOTAL PROJECT COST: $2,215.000 (Should equal total project cost on cover page) Acronyms CSD: California Department of Community Services and Development DOE- W AP: Department of Energy - Weatherization Assistance Program LIHEAP: Low Income Home Energy Assistance Program (Federal Department of Health and Human Services program) I Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Application for Funding FY 04/05 4 r ¿-1L{ 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Economic and Social Opportunities. Inc. (ESO) DATE PREPARED February 12, 2004 PROJECT NAME Housing and Energy Services Program Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantifv When Possible l't 2na 3'" 4th TOTAL Housing and Energy Services Projects . Identification and recruitment of eligible ~ ~ ~ ~ 1Q households. . Qualification of participants. . Assessment of dwellings for potential services; may include lead paint screening, combustion appliance testing, blower door testing, etc. . Work plan development. . Implementation of project work plan. . Inspection of completed work. . QAlQC follow-up on completed projects. ; , ~ '-" Office of Affordable Housing Standardized Application for Funding FY 04/05 5 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Economic and Social Opportunities. Inc. (ESO) Date Prepared: Februarv 12, 2004 Project Name: Housin~ and Ener~v Services Pro~ram ~ 1 ~ <:s- CATEGORY BUDGET FOR YEAR SALARIES: Personnel 20,850 Benefits 6,090 OFFICE EXPENSE: Rent 4,430 TelephonelFax 135 Printing 135 Travel 585 Utilities 565 Office Supplies 225 Postage 45 Equipment Maintenance /Repair 1,855 PROJECT EXPENSES: Accounting Services 4,200 Auditing Fees 70 Insurance 720 Davis Bacon Compliance Miscellaneous 135 Materials 4,960 PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturallDesign Acquisition TOTAL: 45,000 Office of Affordable Housing Standardized Application for Funding FY 04/05 CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 -~J::;:CF1VED STANDARDIZED APPLICATION FOR FUNDIN ? 1. APPLICANT ORGANIZATION: Date: February 27, 2004 BY: - Agency Name:Midpeninsula Citizens for Fair Housinq State: CA Signatur . Fax No: 650-327-1859 E-Mail: marqierocha@usa.net 2. PROJECT NAME: Fair Housinq Services Brief Project Description: Fair housinq services throuqh education, investiqation of discrimination complaints, housinq audits, and enforcement of fair housinq laws in the Citv of Cupertino. Identify City of Cupertino Consolidated Plan Priority Needs (see attached):Goal E; Equal Access to Hous- inq Opportunities, Policv 3-12: Support proqrams & orqanizations that seek to eliminate housinq discrimination. Project Address/Location: 457 Kinqslev Avenue, Palo Alto, CA 94301 CONTACT PERSONrrITLE: Mariorie A. Rocha Phone No: 650-327-1718 Fax No: 650-327-1859 E-Mail: marqierocha@usa.net 3. FUNDS REQUESTED: $10,100 Total Project Costs $62,800 Is this a Public Service Project: Yes 0 No [8] Cost Per Service Unit or Per Client: $50.45 per hour Funds Requested from Cupertino in FY 03/04: $10,200 Funds Received in FY 03/04: $10,200 Number of proposed umluplicated Cupertino beneficiaries: 46 households + 6 audits Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median ll1come: 0-30% (Extremely low) 3 31-50% (Very low) 3 51-80%(1ow) 2 Office of Affordable Housing Standardized Application for Funding FY 04/05 /1-11 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupertino target population and geographic boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). This project will address the problem of illegal discrimination in housing in the City of Cupertino. Under federal and state laws it is illegal to deny housing to a person based on race, color, creed, gender, sexual orientation, national origin, age, marital status, presence of minor children, disability, or any other arbitrary reason. As a result of MCFH's educational and outreach efforts, Urban County's residents and housing providers are becoming more informed of their rights, responsibilities, and legal protections from discrimination. We will provide the following services: (1) Conduct an Owner/Manager training; (2) Conduct 4 fair housing presentations; (3) Distributel brochures at public locations, such as libraries, community centers, government offices, etc; (4) Staff booth at the TCAA Expo; (5) Staff booth at annual Abilities Expo; (6) Fair Housing Month activity; (7) broadcast 40 public service announcements over local radio and television; (8) Provide information & referrals to inquiries regarding discrimination & landlord/tenant issues, & availability of housing. (9) information, investigation, counseling, legal referral, & follow-up services, as appropriate, to persons with allegations of illegal discrimination; (10) conduct a random fair housing audit of 5 properties to determine levels of illegal discrimination and offer training where discrimination is suspected; (11) Recruit, train, and maintain adequate pool of trained testers and conduct 1 tester training; (12) maintain panel of 8 cooperating attorneys and conduct an Attorney Training; (13) On-going attendance at fair housing collaboralive meetings. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? Slate and federal fair housing laws assure that everyone has the right to be treated in terms of his or her individual merits and qualifications in seeking housing. Further, Urban County Funding Priorilies include "projects aimed at addressing the need to eliminate housing discrimination in Urban County jurisdictions...", by effecting "fair housing investigation", "enforcement of fair housing laws by conciliation, mediation, or prosecution', and provide "outreach and education for all population groups". Unfortunately, discrimination in housing still occurs, disrupting the lives of victims and damaging the quality of life in our community. The need for fair housing services is illustrated by the fact that in the Urban County service area, MCFH has consistently provided information, investigation, counseling, legal referral, and follow-up services to residents. In order to meet the priority needs, the objectives of the FY 2004-05 program are (1) to assist households who feellhat housing discrimination has interfered with the achievement of their housing goals; (2) to educate households regarding fair housing laws and resources for resolving discrimination and landlord and tenant issues; (3) to educate housing providers and their agents regarding fair housing law and methods of compliance; (4) to investigate allegations of discrimination and enforce fair housing laws; (5) work with other community stakeholders to provide fair housing presentations and services; (6) to approach fair housing discrimination in a proactive manner by conducting fair housing audits; (7) to attend collaborative meetings for exchange of information and to further staff education as pertains to fair housing. Office of Affordable Housing 2 Standardized Application for Funding FY 04/05 I r¿ JIg 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. MCFH's management structure remains basically the same as during our previous years of work for the County. The Executive Director provides administrative oversight, and the Board of Directors, which meets monthly, makes major policy decisions. The Executive Director monitors progress toward achieving program objectives through oversight of monthly progress reports. Direct responsibility for project work rests with the Fair Housing Specialist. Her responsibility includes telephone counseling, conciliation between complainants and owners or managers, testing of alleged discriminatory practices, community education, and referral to attorneys or other enforcement agencies. She is responsible for data collection and reporting. MCFH has hired an outside full-charge bookkeeper that handles all aspects of bookkeeping including general ledger, accounts payable/receivable, and payroll. MCFH's operational management includes the following cost-cutting measures; (1) rented space in housing shared by other non-profits; (2) shared use of copy machine; (3) shared use of meeting rooms and facilities; (4) conducting careful cost comparisons when shopping for services and supplies; (5) publishing and printing our own outreach materials. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what where goals and accomplishments ofCDBG projects. MCFH satisfies the HUD definition of Fair Housing Enforcement Organization (FHO) and Qualified Fair Housing Enforcement Organization (QFHO). MCFH has 39 years experience in lesting for fair housing violations and enforcement of meritorious claims, and is one of the oldest fair housing organizations in the nation having pioneered many of the investigative techniques, which are now standard procedures across the country. Since we have not completed an entire year since being funded by the City of Cupertino, the following are accomplishments as of 1/31/04: 1 1 6 1,000 1 1 1 40 20 5 6 1 1 4 1- the 2" Office of Affordable Housing 100% 100% 33% 176% 0% 100% 0% 150% 235% 40% 67% 100% 0% 25% Standardized Applicationfor Funding FY 04/05 { 1- -1 o¡ 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any [IDdings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. The most recent financial audit was issued in November 2003 by the firm of Robert L. Hicks, CPA. No managemenlletters were issued as a result of the audit and no problems were found concerning the use of CDBG funds. See financial audit appended to this proposal. 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR TillS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS- Application pending. Final Menlo Park GF $7,300.00 funding decision - 6/2004 Application pending. Final Redwood City CDBG $41,800.00 funding decision - 6/2004 Application pending. Final Santa Clara Co. CDBG $3,600.00 funding decision - 6/2004 ESTIMATED TOTAL PROJECT COST: $62,800,00 (Should equal total project cost on cover page) I Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding sow-ce, i.e. secured, committed or application pending with anticipated dates nf fmal funding decisions. Office of Affordable Housing Standardized Application for Funding FY 04/05 4 12 -I DO 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Midpeninsula Citizens for Fair Housinq DATE PREPARED February 27, 2004 PROJECT NAME Fair Housinq Services Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (""ùse Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1" 2"" 3'" 4'" TOTAL 1. Conduct Owner/Manager Training One training - - 1 1 2. Conduct fair housing presentations Four trainings 1 1 1 1 4 3. Distribute brochures 1,000 brochures 250 250 250 250 1,000 4. Staff booth at TCAA Expo One outreach to Owners/Managers 1 - 1 5. Staff booth at Abilities Expo One outreach to disabled population 1 - - 1 6. Fair Housing Month activity One activity - 1 1 7. Broadcast public service announcements 1 psa disseminated each quarter over 10 radio and/or 10 10 10 10 40 over local radio and television television stations 8. Provide information & referrals Respond to 40 inquiries 10 10 10 10 40 9. Provide information, counseling, Six cases 1 1 2 2 6 investigations, and enforcement 10. Conduct a random fair housing audit of Six properties - - 6 - 6 Cupertino properties 11. Recruit, train, and maintain tester pool Provide one training - 1 - 1 12. Maintain panel of 8 cooperating attorneys Conduct an Attorney Training - - 1 1 13. On-going attendance at fair housing Attend four meetings 1 1 1 1 4 collaborative meetings ;:::;-- I Office 0/ Affordable Housing - <:=- Standardized Application/or Funding FY 04/05 5 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Midpeninsula Citizens for Fair Housinq Date Prepared: February 2?, 2004 Project Name:Fair Housinq Services CATEGORY BUDGET FOR YEAR SALARIES: Personnel 3,787 Benefits ?05 OFFICE EXPENSE: Rent 826 Telephone/Fax 550 Fffi>tiBg Taxes & Fees 81 Travel 53 Ytilities Consulting Services 132 Office Supplies 256 Postage 29 Equipment 165 MaintcR8ReeÆ.efJ8ir Training/Educ. 100 Memberships/Publications 286 Fair Hs~. Tester Expense 1,191 PROJECT EXPENSES: Accounting Services 1,397 Auditing Fees 396 Insurance 146 Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architectural/Design Acquisition TOTAL: 10,100 )-...J -L c::> ~ Office of Affordable Housing Standardized Application for Funding FY 04/05 ~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 STANDARDIZED APPLICATION FOR FUNDING 1. APPLICANT ORGANIZATION: DATE: March 10,2004 Agency Name: Cupertino Community Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 EXECUTIVE DIRECTOR: Jaclyn Phuong Fabre Signature: Phone No: 408-255-8033 Fax No: 408-366-6090 Email: iaclvnf@cuDertinocommunitvservices.org 2. PROJECT NAME: Transitional Housing Program (THP) Brief Project Description: Cupertino Community Services is requesting funds to perform rehabilitation on a Cupertino four-plex. which houses the CCS Transitional Housing Program (THP). THP is providing affordable transitional housing to as many as 22 low-income homeless men. women and children annually. THP offers a crucial link between emergency shelters and maintaining a permanent placement. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Affordable Renter units for all size households (0-30% ill (30-50% ill (50-80% L); Project Address/Location: 10311 & 10321 Greenwood Court, Cupertino 95014 CONTACT PERSONrrITŒ: Erica HeadleylDirector of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cuDertinocommunitvservices.org 3. FUNDS REQUESTED: $50,000 Total Project Costs: $60.000 Is this a Public Service Project: Yes 0 No X Cost Per Services Unit or Per Client: $15.000/unit Funds Requested from Cupertino in FY 03/04: ~ Funds Received in FY 03/04: $0 Number of proposed unduplicated Cupertino beneficiaries: 25 homeless individuals annually Number of proposed unduplicated Cupeliino beneficiaries at or below CUlTent countywide median income: 0-30% (Extremely low) 75% 31-50% (Very low) 25% 51-80% (Low) ~ Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 !2-{D3 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICA TED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state what the project intends to provide or accomplish and the specific activities for which funds will be used. It should describe the City of Cupeliino target population and geographical boundaries of target areas. Also indicate the specific type and number of total unduplicated project beneficiaries (e.g. 50 lower income families, 25 homeless persons, 100 lower income households, etc.). The Transitional Housing Program (THP) provides temporary housing and supportive services for 25 homeless people in our community annually. THP operates from a CCS owned four-plex, centrally located in Cupertino. The units were built in the early 70's and purchased by CCS in 1996. Thefunding requested will be used to perfonn rehabilitation on both buildings to ensure energy efficient, cost effective, "up-to code" and safe housing for all participants in the Program. The first phase of the rehabilitation begun two years ago, since then CCS has replaced the original windows, doors, appliances, paint, fences and gutters. Repairs are still needed on several areas including: replacing the galvanized plumbing with today's standard copper; replacing the original wall furnaces with safe and energy efficient furnaces; replacing termite damaged and warped flooring. The program prepares our clients to live successfully in an independent setting. It serves as a crucial link between emergency shelter and stable housing. While THP was originally developedfor homeless men, CCS recognized an unfulfilled need in the community. There was very little temporary low-income housing for homeless single mothers and their children. As a response, CCS now reserves two of the four units for homeless women and their children. The four-plex is composed of two separate buildings with each unit having its own separate entryway and shares no common access with other units. All four units are three bedrooms with one and a half bath. THP currently provides housing for homeless men, homeless veterans, and homeless women with children. Eligible applicants share three bedroom-furnished apartments and pay rent based on income. Services range from life skills such as budgeting, household management, personal hygiene to substance abuse prevention and job preparation. Each client develops his or her individual goal plan and their case manager works closely to assist the successful completion of the plan. 5. PROJECT PURPOSE AND OBJECTIVES: Specify objectives project intends to accomplish and identify desired outcomes and benefits. How does the purpose and objectives meet the priority needs? The Transitional Housing Program objectives are: 0 To provide & maintain an adequate Quality supply of residential units for all economic se!!:ments; 0 To provide support to the City of Cupertino to meet their !!:oals for affordable housin!!:; 0 To advocate for housin!!: that is affordable for a diversity of Cupertino households; CCS' Transitional Housing Program furthers the goals stated in the CulJertino Consolidated Plan: Goal A - An adequate supply of residential units for all economic segments; Goal B - Housing that is affordable for a diversity of Cupertino households; Goal C - Enhanced Residential Neighborhoods; Goal D - Services for Special Needs Households (Support organizations that provide services to special need households in the City; such as homeless, elderly, disabled and single parent.) Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 2 / 2 -I DY PROJECT MANAGEMENT Briefly describe how the project will be managed and administered, including proposed staff time and staff functions. All rehabilitation projects will be contracted out to license contractors within their specialty. CCS requires that a minimum of three estimates are acquired on each rehabilitation project. Estimates are reviewed and references checked by both the Director of Housing Services and the Site Manager. The Site Manager is a retired license contractor and supervises all work on the buildings. 7. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description of your agency and the services provided. Also provide a brief description of your agency's experience in providing the proposed services. If previously funded, what were goals and accomplishments of CDBG projects? For the past 30 years, CCS has been the primary source of emergency services for families and individuals in the West Valley area, which consists of West San Jose, Cupertino, Los Gatos, Monte Sereno and Saratoga. Programs include a Food Pantry, Clothing Closet, Emergency Cash Assistance, Homeless Shelter, Transitional Housing and Below Market Rate Housing. Each year, over 3,000 individuals utilize CCS' programs. CCS has successfully implemented the Affordable Housing Program for the City of Cupertino for the past twelve years. The CCS Affordable Housing Program consists of administering the Cupertino Below Market Rate (BMR) Rental Program and Sales Program. During the last fiscal year, the BMR Rental Program increase its inventory by 59%. CCS successfully placed 40 new households. CCS also qualified 11 homebuyers and is currently working to close escrow on the final homes as they are completed. CCS is a community based organization and places an emphasis on community involvement. We seek the feedback from the service population with periodic client surveys. Case managers receive input from clients and share them with all program staff on a regular basis. Additionally, CCS is a small agency where Program Directors and the Executive Director come in daily contact with clients. This allows for direct community communication with CCS management. Through immediate and ongoing assistance and the "continuum of care," CCS will continue to improve the general welfare of all economic segments and the diversity of our service area. CCS has been collaborating with the City of Cupertino to maintain the current inventory of affordable housing. CCS has received CDBG funds from the City of Cupertino for several years. We maintain an excellent record of exceeding goals, leveraging resources and timely reporting. Office of Affordable Housing St""dardized Applicationfor Funding FY 04/05 3 {.). -IOJ 8. AUDIT INFORMATION: Please provide the date of the most recent audit of your organization. Describe any findings or concerns that may have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. We received a clean audit with no accompanying management letter for the fiscal year 2002/2003. 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS City of Cupertino-CDBG 50,000 Pending CCS - Reserves 10,000 Anticipated ESTIMATED TOTAL PROJECT COST: $60,000 (Should equal total project cost on cover page) 1 Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 4 Il-rb~ CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Cupertino Community Services DATE PREPARED March 10,2004 PROJECT NAME Transitional Housing PrQgram N \ - <:::7 ....j - Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries (Use Specific Numerical Data Wheu Possible) For Each Quarter Quantify When Possible 1st 2nd 3rd 4th TOTAL . Research contractor estimates. X . Finalize work contracts. X . Replace the wall furnaces. X . Replace plumbing. X . Repair/replace damaged floor. X Office of Affordable Housing Standardized Application for Funding FY 04/05 6 BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Community Services Date Prepared: March 10, 2004 Project Name: Transitional JIQlI~inJÚ'IQgram CATEGORY BUDGET FOR YEAR SALARIES: Personnel Benefits OFFICE EXPENSE: Rent Telephone/Fax Printing Travel Utilities Office Supplies Postage Equipment Maintenance/Repair PROJECT CONSTRUCTION: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Rehabilitation Plumbing $30,000 ($7,500 each unit) Furnaces $ 9,000 (2,250 each unit) Flooring $27,000 (6,750 each unit) TOTAL: $60,000 ~ I ........, 0 C>.;¡ Office of Affordable Housing Standardized Application for Funding FY 04/05 7 City of Cupertino Fiscal Year 2004-05 Annual Action Plan Draft for City Council Review April 5, 2004 {2-fO1 CITY OF CUPERTINO, CALIFORNIA 2004 PROGRAM YEAR ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INTRODUCTION The Annual Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2004-2005) and their relationship to the priority housing, homeless and community development needs outlined in the Consolidated Plan. FEDERAL RESOURCES The City of Cupertino's Annual Action Plan for the 2004-05 Program Year is a comprehensive approach to addressing the immediate community needs of people who are very low and low income. The Action Plan is based on a Community Development Block Grant (CDBG) entitlement of $459,000 that the City anticipates will be received from the federal Department of Housing and Urban Development (HUD). Exhibit A describes the agencies proposes to receive funding in the 2004-05 fiscal year. Also detailed in the exhibit are the goals and proposed funding amount for each of the agencies. Anticipated CDBG program income during the 2003-04 Program Year is estimated to total $21,500 derived from outstanding rehabilitation program loans. A portion of that program income ($3,225) will be allocated to support Public Service activities. Consistent with CDBG regulations, this amount represents no more than 15% of the City's 2004 Program Year income. In 1999 HUD informed the Santa Clara County that the San Jose Metropolitan Statistical Area is one of the high-income areas where the income linúts were increased to the actual 80% of median income, adjusted for household size. The City of Cupertino will continue to use the actual 80% of median income limits for all of its CDBG programs in the 2004 Program Year. Individual activities may use a lower income eligibility criterion. OTHER RESOURCES Housing Mitigation Program The Office and Industrial Mitigation Program acknowledges housing needs created by the development of office and industrial projects. A fee is applied to new square footage of office and industrial development in the City. The fees collected are deposited in the City's Affordable Housing Fund and are to be used for the provision of affordable housing. Page 3 of 12 / J. -\ \ I The City's Residential Mitigation Program applies to all new residential development of one unit or greater. Residential developers are required to designate at least 15% of the units in a development as affordable. These units are identified as the "BMR" (Below Market Rate) units. For developments of six or fewer units, the developer may pay a fee in-lieu of building the affordable units. All affordable units developed under the BMR program must remain affordable for 99 years from the date of first occupancy and, if for sale units are resold during that period, a new 99 year time period is established. The City administers the Affordable Housing Fund, which is currently supported with fees paid through the Housing Mitigation Program. Potential options for use of the housing funds include: a. b. Development of new affordable units. Conversion of existing market rate units to affordable units. Down payment assistance programs. Second mortgage programs. c. d. Cupertino Community Services - Cupertino Community Services (CCS) is a non-profit organization that assists in administering housing programs on behalf of the City of Cupertino. CCS administers the Rotating Shelter Program for homeless individuals and also manages a transitional housing facility. Further, CCS acts as the administrative agent on behalf of the City in managing and monitoring the BMR program. "Move In For Less" Program - In cooperation with the Tri-County Apartment Association, this program recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners/managers who agree to participate in the program require no rnore than 20% of the montlùy rent as a security deposit from qualified teachers. This reduced security deposit hopefully makes it more financially feasible for a teacher to move into rental housing. Mortgage Credit Certificate (MCC) Program -The MCC program provides assistance to first-time homebuyers by allowing an eligible purchaser to take 20% of his or her annual mortgage interest payment as a tax credit against federal income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Second Unit Program -- The City's Second Unit Ordinance allows an additional unit to be built on any single-family residential parcel. The objective of this Ordinance is to encourage additional units on already developed parcels, such as parcels with single- family dwellings. Page 4 of 12 /2-/11- Density Bonus Ordinance -- The City's Density Bonus Ordinance allows a 25% increase in density for developments greater than 5 units that provide a proportion of units for very low or low-income households or housing for senior citizens. In addition to the density bonus, certain concessions can also be provided to the development, which can include: a. b. Reduction of Parking Requirements, Reduction of Open Space Requirements, Reduction of Setback Requirements, Approval of Mixed Use Zoning, Reduction of Park Dedication Fees, Reduction of application or construction permit fees, or Provision of tax-exempt or other financial assistance. c. d. e. f. g. CITIZEN P ARTICIP A TION The Housing Services Division of the Community Development Department is the lead agency for overseeing the developrnent of the Consolidated Plan and Annual Action Plan. This Annual Action Plan development process began with an advertised public hearing, held by the Cupertino Housing Commission on March 11, 2004 to make funding recommendation to the city council. In addition, to the public notice, written notification of the hearing was rnade to numerous non-profit service agencies and the city's CDBG Steering Committee for the purpose of gaining greater input for determining the best use of anticipated federal funds for addressing community needs. The Annual Action Plan was distributed to the thirty (30) agencies on the City of Cupertino's mailing list (see Exhibit B). Agencies were encouraged to comment on the document. The City Council held an advertised public hearing on April 5, 2004, to determine the allocation of CDBG funds for the 2004 Program Year. The Annual Plan 30 day public review period occurred April 1 through May 3, 2004. CONSULT AnON WITH OTHER JURISDICTIONS As standard practice, CDBG entitlement jurisdictions frorn throughout Santa Clara County meet at least quarterly to discuss issues of common interest. Meeting agendas cover such topics as projects receiving multi-jurisdictional funding, performance levels and costs for contracted public services, proposed annual funding plans, HUD program administration requirements, and other topics of mutual concern. These quarterly meetings provided the opportunity for the City to consult with other jurisdictions on its proposed use of federal funds for the 2004 Program Year. Page 5 of 12 /,2-1/3 GEOGRAPHIC DISTRIBUTION A map indicating locations of projects proposed for funding in the 2004 Program Year and an outline of geographic areas considered to be areas of low income concentration is included as part to this submittal. Funding support for the listed projects is based more on expressed need within the community rather than upon geographical priority. HOMELESS AND SPECIAL NEEDS In previous years, the City of Cupertino appropriated $20,000 in CDBG funds for the Sobrato Family Living Center Project. In 2000, the City will also contributed to the Home Safe-Santa Clara providing transitional housing for survivors of domestic violence who are considered at-risk for homelessness. In addition to these capital project subsidies, the City will fund public service activities related to homeIessness. During the 2004 program year, the city will provide $25,000 to the Faith in Action Rotating Shelter Program. The City of Cupertino will also continue to coordinate services to the homeless through such inter-agency efforts as the Collaborative, Help House the Homeless, and the Community Technology Alliance and support the regional Continuum of Care. In addressing senior services, the City will continue advocacy for the increased dissemination of accurate information and counseling for seniors and other persons regarding housing options available. This will be accomplished through a cooperative effort with the Cupertino Senior Center, Cupertino Community Services and the Cupertino Public Library. PUBLIC HOUSING The City will continue to encourage the local Public Housing Authority to develop affordable units in the city of Cupertino. FAIR HOUSING Cupertino continues to support both the purpose and goal of fair housing and works to achieve fair housing in administering federal, State and local programs. The City also supports the development of affordable housing stock that is an important part of a fair housing initiative, given the high cost of local housing. In conjunction with other jurisdictions in Santa Clara County, the City commissioned a comprehensive survey to identify unmet needs and unidentified barriers, to assess the delivery of fair housing services, and to recommend action steps to meet the County's fair housing needs. The study was completed in 2003 and the city will be working with the other Santa Clara County to review program changes as a result of the study. The Page 6 of 12 /:L-flt{ City is in the process of preparing an Analysis of Impediments to Fair Housing Choice (AI). The proposed actions to be undertaken by the City in the 2004 Program Year consist of the following: . The City will continue to require developers to provide relocation assistance when residents will be displaced. . The City will continue to provide a housing program that allows for modification of existing housing facilitating the needs of persons with disabilities. . The City will continue to support non-profit organizations whose purpose is to aid in the furthering of fair housing in the community. Methods of support could include notification of fair housing rights and responsibilities distributed in brochures located in public buildings, public service announcements on the local access channel or similar methods. . The City will continue to allow for the construction of higher occupancy housing cornplexes on a case-by-case basis when possible, for all economic segments of the community. PROGRAM MONITORING Performance monitoring for cornpliance to federal program requirements is scheduled at least once annually for projects that are under service contract. Monitoring of federally funded activities is undertaken for projects that are either under an annual or longer-term performance period. In addition, the City undertakes an annual Single Audit according to the requirements of the federal Office of Management and Budget. As standard practice, notification is made to HUD on the availability of the City's annual audit. Page 7 of 12 {1. -II S EXHIBIT A SUMMARY OF CDBG FUNDING PROPOSALS PUBLIC SERVICE GRANTS: Cupertino Community Services Comprehensive Assistance Program 2004-05 Funding Amount: $19,143 Annual Goal: Provide support services to 218 low and very-low income Cupertino households. Project Description: Cupertino Community Services has provided support services to the West Valley's low and very-low income households since 1973. Support services include a food pantry, clothing closet and rental assistance. The agency provides necessary services to Cupertino residents. Since this activity is a medium priority need in the Cupertino Consolidated Plan, staff cannot recommend fully funding this activity. Cupertino Community Services Rotating Shelter Program 2004-05 Funding Amount: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 80 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and other support services to help stabilize the guest's long term housing situation. Project Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 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 finding transitional and permanent housing. Cupertino Community Services has been very successful in administering this program and it rernains one of the most successful rotating shelter programs in the county. CCS has applied to the cities of San Jose and Sunnyvale and has been successful at receiving County Emergency Shelter Grant funding. Staff recommends the City continue its commitment to the Rotating Shelter Program. Page 8 of 12 ll-/ Ib Cupertino Senior Day Services Adult Day Care Sponsorships 2004-05 Funding Amount: $10,200 Annual Goal: Provide "scholarships" to six Cupertino low-income seniors enabling them to receive adult day care at the facility. Project Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family rnembers are working. As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to rnoving parents and older family members into an assisted living setting Senior Adults Legal Assistance Legal Assistance to Elders Program 2004-05 Funding Amount: $11,667 Annual Goal: Serve 65 Cupertino seniors at the Cupertino Senior Center. Project 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. Several years ago, the city council directed staff to work with SALA to increase their services and funding level. The Cupertino Senior Center has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the increased funding level. The Support Network for Battered Women Domestic Violence Services for Cupertino Families 2004-05 Request: $5,900 Annual Goal: Serve a total of 14 unduplicated Cupertino residents. Project Description: The Support Network operates Santa Clara County's only 24-hour, crisis line for victims of dornestic violence. The shelter provides support services including emergency housing to battered wornen. Page 9 of 12 {2-111 Recommendation: $5,900 The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city. CONSTRUCTION/ ACQUlSITIONfREHABILIT A TION PROJECTS Cupertino Community Housing for the Disabled, Inc. Le Beaulieu Apartments 2004-05 Funding Amount: 2003-04 Funding Amount: $216,900 $233,100 Annual Goal: Rehabilitate 26 units of affordable housing. Project Description: Le Beaulieu Apartments is located on Bianchi Way in Cupertino. The 27-unit complex serving the physically handicapped was constructed in 1984 with the assistance of the City of Cupertino and the County of Santa Clara CDBG programs. After 20 years, the apartment complex is in need of upgrades to the wheelchair ramp and lift, replacement of the siding, roof and general interior repairs. The program meets a high priority according to Table 2A of the Cupertino Consolidated Plan by providing affordable housing opportunities to a special needs population. The City of Cupertino and the County of Santa Clara CDBG programs originally funded this development in 1984. The original loan has not been paid off and the staff will not be recommending deferral of this loan. Cupertino Community Services Greenwood Court Rehabilitation Program 2004-05 Funding Amount: $40,000 Annual Goal: Rehabilitate four units of transitional housing. Project Description: In 1996, the City of Cupertino assisted Cupertino Community Services in purchasing this four-plex on Greenwood Court in Cupertino. The units have been used as transitional housing for very-low income Cupertino households. The units are in need or plumbing, flooring and electrical repairs. The galvanized plumbing will be replaced with copper plumbing. Also, termite and water damaged flooring will be repaired. Page 10 of 12 /2.-/16 Economic and Social Opportunities Housing and Energy Services Program 2004-05 Funding Amount: $45,000 Annual Goal: Provide home improvement services to 20 Cupertino residents. Project Description: Economic and Social Opportunities' Housing and Energy Services Program assists low and very-low income Cupertino residents with horne maintenance and rernoval of code violations. The program will provide a valuable service to the City of Cupertino since the city no longer has a rehabilitation program. Many applications for the current rehab program administered by the County of Santa Clara, are for small items such as grab bars and water heater replacements. Items such as these would be handled through this program. ADMINISTRATIONfFAIR HOUSING Mid Peninsula Citizens for Fair Housing Fair Housing Services 2004-05 Funding Amount: $10,200 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Project Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. The program will provide a valuable service to the City of Cupertino. Mid-Peninsula Citizens for Fair Housing has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having Mid-Peninsula Citizen's for Fair Housing continue the program. Staff would like to require that the agency be required to meet with local apartment managers annually to review fair housing law and provide informational meeting for tenants on fair housing. City of Cupertino Administration of CDBG Program 2004-05 Funding Amount: $85,900 Annual Goal: Administer the CDBG program for the 2004-05 fiscal year. Tasks include the monitoring of agreements with subrecipients, overview of the revolving Page 11 of 12 [2-1/7 loan fund and preparation of necessary plans. Project Description: Tasks include the rnonitoring of agreernents with subrecipients, overview of the revolving loan fund and preparation of necessary plans. Page 12 of 12 /2-/2-D Mr. Richard Konda Asian Law Alliance 184 E. Jackson Street San Jose, CA 95112 Lisa Breen-Strickland Support Network for Battered Women 1975 W. Ei Camino Real, Suite 205 Mountain View, CA 94040 Paul Tatsuta Economic and Social Opportunities 1445 Oakland Road San Jose, CA 95112 Kimberly Ferm Cupertino/Sunnyvale Senior Day Services 20920 McClelian Road Cupertino, CA 95014 Ann Marquart Project Sentinel 430 Sherman Ave, Suite 310 Palo Alto, CA 94306 Marjorie Rocha Mid-Peninsula Citizens for Fair Housing 457 Kingsley Avenue Palo Alto, CA 94301-3222 Beatrix Lopez Social Advocates for Youth 1072 De Anza Blvd., Suite A-208 San Jose, CA 95129-3531 Jaclyn Fabre Cupertino Community Services 10104 Vista Drive Cupertino, CA 95014 Georgia Bacil . Senior Adults Legal Assistance 160 East Virginia, Suite 260 Street, San Jose, CA 95112 Barbara Gaivan ARIS Project 380 North First Street, #200 San Jose, CA 95112 Rick Crook Hope Rehab. Services 4351 Lafayette Santa Clara, CA 95054 Barry Del Buono Emergency Housing Consortium 150 Almaden Blvd., Suite 500 San Jose, CA 95113 Help House the Homeless 70 West Hedding Street, LL Wing San Jose, CA 95110 Outreach and Escort, Inc. 97 East Brokaw Rd., Suite 140 San Jose, CA 95112 Kay Walker Crippled Children's Society 2851 Park Avenue Santa Clara, CA 95050 Mary Rose Delgadillo Next Door-Solutions to Domestic Violence 1181 North Fourth Street, #A San Jose, CA 95112 Christie Hatten Housing for Independent People 888 North First Street #201 San Jose, CA95112 Concern for the Poor, Inc. 1590 Las Plumas San Jose, CA 95133 Legal Aid Society of SCC 480 North First Street San Jose, CA 95103-0103 Law Foundation SCC Bar Association 111 West SI. John Street San Jose, CA 95113 EXHIBIT B NOVA 505 W. Olive Ave. Suite 600 Sunnyvale CA 94086 Curt Willig Occupational Training Institute/ DeAnza Coliege 21250 Stevens Creek Blvd. Cupertino, CA 95014 Jody Hansen Cupertino Chamber of Commerce 20455 Silverado Avenue Cupertino CA 95014 Candace Capogrossi Housing Authority of Santa Ciara County 505 W. Julian Street San Jose, CA 95110 Fran Wagstaff Mid-Peninsula Housing Coalition 658 Bair Island Road, Suite 300 Redwood City, CA 94063 Carol Galante BRIDGE Housing Corporation 1 Hawthorne St. San Francisco, CA 94105 Jeff Oberdorfer First Community Housing 2 N Second Street #1250 San Jose, CA95113 Chris Block Charities Housing Corporation 195 E. San Fernando St. San Jose, CA 95112 Bill Arnopp Bay & Valley Habitat for Humanity 888 North First Street, #215 San Jose, CA 95112 Ron Morgan Community Housing Developers 255 North Market St., Suite 290 San Jose, CA 95110 l [1-( ]. Asian Americans for Com. Involvement 2400 Maarpark Avenue San Jose, CA 95128 United Way Silicon Valiey 1922 The Alameda San Jose, CA 95126-1430 Neighborhood Housing Services Silicon Valley 1156 North Fourth Street SanJose,CA 95112 Sobrato CET Center 701 Vine Street San Jose, CA 95110 Michelie Harper Support Network for Battered Women 444 Castro Street, Suite 305 Mountain View, CA 94041 Council on Aging 2115 The Alameda San Jose, CA 95126 Northwest YMCA 20803 Alves Drive Cupertino, CA 95014 Community Foundation of Silicon Valiey 60 S. Market Street, Suite 1000 San Jose, CA 95113 Bob Campbeli Project Match 512 Valiey Way Milpitas, CA 95035 Mari Elien Reynolds Second Harvest Food Bank 750 Curtner Avenue San Jose, CA 95125 EXHIBIT B County Homeless Coordinator County Government Center, East Wing 70 West Hedding Street San Jose, CA 95110 Gertrude Welch 10605 Gascoigne Drive Cupertino, CA 95014 Betsy Arroyo Community Technology Aliiance 115 Gish Road, Suite 222 SanJose,CA 95112 Donna DiMonico Long Term Care Ombudsman Program Catholic Charities of Santa Ciara County 2625 Zanker Road San Jose, CA 95134 ! 1-/11-- I CUPEIQ1NO Cupertino City Hal! 10300 Torre Avenue Cupertino, CA 95014 Telephone: (408) 777-3182 Fax: (408) 777-3174 CODE ENFORCEMENT DIVISION SUMMARY Agenda Item No: t 3 Meeting Date: April 5, 2004 SUBJECT AND ISSUE Consider denying an appeal of Code Enforcement's decision to deny the Massage Permit Application No. C-0400206. BACKGROUND Chapter 9.06.070(f) of the Cupertino Municipal Code states as follows: "That the massage establishment permit cannot be issued, if the applicant has violated any similar law, rule or regulation of another public agency which regulates the operation of massage establishments". On February 4, 2004 applicant, Yumai Wang submitted an application for a massage establishment permit. After completion of the application, Ms. Wang was notified that a background check was going to be performed. Ms. Wang advised Code Enforcement that she has other massage establishments located in the City of Fremont and City of San Bruno. During the background check, it was Ieamed that Ms. Wang received two administrative citations at her establishment, Happy Feet Health, in 2002. The citations were for incomplete written records in the daily register that contained only partial names and addresses of clients that have had service at her establishment. Ms. Wang was also issued an administrative citation by the City of Fremont for failure to provide an on-site manager at the massage establishment. RECOMMENDATION: Staff recommends that the City Council deny the appeal of Code Enforcement's decision to deny the application for a massage establishment permit based on Chapter 9.06.070(f) of the Cupertino Municipal Code. Submitted by: Approved for submission: ~~ David W. Knapp City Manager Printed on Recycled Paper 1'3-1 Exhibit A List of Chronological Events On February 4, 2004, applicant Yumai Wang submitted an application to open a massage establishment in the City of Cupertino. On February 13, 2004 Code Enforcement received a negative fingerprint clearance check from the Department of Justice. Her record is clear with the State Department of Justice. On February 13, 2004 applicant, Yumai Wang came into City Hall and received planning approval for the location of the massage establishment, located at 10011 Foothill Blvd. On February 19, 2004 I contacted the City of San Bruno Police Department for a background check and spoke with Detective Sergeant Burke. Sergeant Burke could not help me and he told me to speak with Captain Neil Telford for further information. On February 19, 2004 Yumai Wang said she has a lease agreement for Foothill Blvd. and she will be dropping it off. On February 19, 2004 Yumai Wang dropped off the lease agreement at the front desk. I contacted detective Oberst with the Santa Clara County Sheriff's Office and advised him that I was sending over an application for a background check. On February 24, 2004 applicant Yumai Wang came into the office with her daughter and I advised her that the application is at the Sheriff's Vice unit for a background check. Applicant Wang gave me the business card for Dennis Robinson for the City of Fremont, Finance Department. On February 24, 2004 I spoke with Dennis Robinson from the City of Fremont and he stated Ms. Wang was issued two administrative citations for violations of the Municipal Code. Mr. Robinson stated that Ms. Wang had an administrative hearing for the violations and she paid the fines. Mr. Robinson stated that no arrests have been made at Happy Feet Health and she has had the establishment permit for two years. On February 25, 2004 I spoke with my supervisor, Gary Kornahrens. I asked him to review Wang's application, after review he stated that her application would not be approved because of the violations of the City of Fremont Municipal Code. Kornahrens asked me to setup a meeting with Ms. Wang and advise her that the City of Cupertino will not be issuing a permit to her. On February 25, 2004 I spoke with Captain Neil Telford with the City of San Bruno and he stated that no negative activity has been documented at her establishment. On February 25, 2004 I spoke with Dennis Robinson and he stated that Ms. Wang was issued two administrative citations on 4/23/2002 and 7/3/2002 and her permit was not suspended or revoked. I 3-d-- On March 2, 2004 Supervisor Kornahrens, City employee Jennifer Chang who acted as an interpreter, Ms. Wang and her daughter met in conference room E at 1:00 PM. We gave Ms. Wang a verbal notice that her application is being denied due to the fact she was cited by the City of Fremont for municipal code violations. Ms. Wang stated she would like to appeal this decision with the City Council. On March 2, 2004 Supervisor Kornahrens stated he would like me to call the City of Fremont and receive written documentation that Ms. Wang was issued citations before I send a written denial letter to Ms. Wang. On March 3, 2004 I spoke with Mr. Robinson from the City of Fremont and I informed him that I would need something in writing from his city that Ms. Wang was in violation of the Municipal Code and she was cited. Mr. Robinson stated he would work on the report and fax it over to me. On March 4, 2004 I received the report via fax from Dennis Robinson from the City of Fremont. See Exhibit A. On March 6, 2004 I mailed a copy of the denial letter to applicant Yumai Wang. March 9, 2004 I received the appeal letter from Ms. Wang and I turned it over to the City Clerks Office for processing. On March 9, 2004 I received a copy of the letter being sent to applicant, Yumai Wang from Deputy City Clerk, Grace Johnson for an appeal hearing scheduled for April 5, 2004. /3-3 Section 9.06.010 9.06.020 9.06.030 9.06.040 9.06.041 9.06.042 9.06.050 9.06.180 9.06.190 9.06.193 9.06.198 9.06.200 9.06.210 EXHIBIT B 9.\\6.\\1\\ CHAPfER 9.06: MASSAGE ESfABLISHMENTS AND SERVICES. 9.06.260 Continuing violations-Alternative remedies. 9.06.270 Application to existing massage establishments and massage therapisL . Prior ordinance history: Ords. 1606. 1616, 1643 and 1712. Purpose of provisions. Definitions. Exemptions. Massage establishment license, massage therapist permit and managing employee permit-Required. Massage therapist permit required Managing employee permit required Massage establishment license, massage therapist permits and managing employee permits-Application. 9.06.055 Massage establishment license, massage therapist permits and managing employee permits-Submittal of documentation. 9.06.060 Massage establishment license, massage therapist permit and managing employee permit-Application fee. 9.06.065 Massage establishment license. massage therapist permit and managing employee-Expiration and renewal. 9.06.070 Massage establishment license, massage therapist permit and managing employee-Grounds for denial. 9.06.080 Massage establishment employees-Permit requirements. 9.06.1 to Massage therapist permit-Criteria for issuance. 9.06.120 Massage therapist practical examination. 9.06.160 Annual medical examination for massage therapist. Outcall massage permit-Application. Outcall massage permit-Criteria. Operating requirements for massage establishments. 9.06.196 Massage establishment sanitary conditions/condition of premises. Prohibited acts. Suspension or revocation-Grounds. Suspension or revocation- Notice-Hearing. 9.06.220 Appeals. 9.06.230 Inspection by officials-Premises. 9.06.240 Violation-Public nuisance. 9.06.250 Violation-Penalty. 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 foUowing findings: I. That the City has recognized the field of massage therapy as a viable professional field; 2. That the City wants to recognize and respect professional massage therapy organizations and qualified professionals; 3. The City 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 zouing ordinances and regulations as may be required for professional uses. C. It is also intended that massage uses not regulated or exempted by this chapter are considered massage parlors thus regulated by the provisions in Chapter 19.104 regulatingadult-orientedcommercial activities. (Ord. 1875, Exh. A (part), 2001) 9.06.020 Dermitions. For the purpose of this chapter, unless the context clearly requires a different meaning, the words are tenDed and phrased as set forth in this section and shall have the meaning given them in this section: 'Corporate massage" means any massage of the neck. arms, shoulders and back area above the waist where the client is fuUy clothed and done without the use of 5 1]- '-f 9.06.010 Cupertino. Health and Sanitation 6 supplementary aids, such as rubbing alcohol, liJriments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. "License" means a license to operate a massage establishment as required by this chapter. "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 hislher absence. The managing employee may perfOtIl1 massages at the business only if he/she obtains and maintains in effect a massage therapist permit. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating theextemal 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. "Massage establishment" means any licensed establishment having a fixed place of business where any individual, fltIl1, association, partnership, cotporation,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 massage, including but not limited to any hot tub/sauna, relaxation or tanning establishment in which massage services are made available to clients. "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. "Outcall massage service" means the engaging in or carrying on of massage for consideration at a location other than a licensed massage establishment. "Permit" means a permit to engage in activities of a massage therapist or a managing employee as required by this chapter. "Person" means any individual, fltIl1, association, partnership, corporation, joint venture, or combination of individuals. "Recognized school of massage" means any school or institute of learning which: 1. Requires a residence course of study of not fewer than one hundred hours withinat least three months on the theory, ethics, history, practice, methods, 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; and 2. Has been approved pursuant to California Education Code Section 94311 or, if the school is not located in California, has complied with standards commensurate with those required in said Section 94311; 3. Any school or institution of learning offering or allowing correspondence course credit notrequiring actual attendance at class, or courses of massage therapy not approved by the California Department of Education shall not be deemed a recognized school of massage. J. "Residential massage" means engaging in or carrying on of massage at a residence where the client either owns or rents the residence. (ani. 1875, Exh. A (part), 2001) 9.06.030 Exemptions. A. A massage establishment license or massage therapist permit shall not be required for the following persons while engaging in the performance 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 while performing massage in the offices of a licensed physician, surgeon, chiropractor or osteopath and while under the direct supervision and medical recommendation of such licensed medical professional; 3. Nurses, occupational therapists, or physical therapists 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 performing a massage within the scope of the license and for which no separate or increased prices are charged; C. 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 1956 and 19.72 of the Cupertino Municipal Code. A 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. Acupuncturists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional license. Any 13-5' 7 Masge Establishments and Services 9.06.030 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. I. Massage services are made equally available to all participants in the event; 2. The event is open to participation by the general public or significant 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 services are not the primary sponsors of the event. (Ord. 1917, (part), 5-5-2003; Ord. 1875 Exh. A (part), 2001) 9.06.040 Massage Establishment License, Massage Therapist Permit and 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 Manager. 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 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. 1875, Exh. A (part), 2001) 9.06.041 Massage Therapist Permit Required. It is unlawful for any person to engage in, conduct or carry out the duties of a massage therapist unless exempted by Chapter 9.06.030, without ftrst obtaining a massage therapist permit. (Ord. 1917, (part), 5-5-2003) 9.06.042 Managing Employee Permit Required. It is unlawful for any person to engage in, conduct or carry out the duties of a managing employee without first obtaining a managing employee permit. (Ord. 1917, (part), 5-5-2003) 9.06.050 Massage Establishment License, Massaged Therapist Permits and Managing Employee Permits-Application. Any person desiring a license to operate a massage establishment and/or a massage therapist or a managing employee permit shaI1 submit an application to the City Manager. Within sixty 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 City Manager or hislher 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 treatment to be administered, and the location of the proposed place of business and facilities thereof. Each applicant is required to furnish flIlgeIprints for the purpose of establishing identification and/or criminal record. In addition, each applicant shall furnish the following informatioo: I. The full name, ineludingany nicknames or other names used presently or in the past, and the present street address and phone number of the applicants residence; 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; 3. The applicant's date of birth; 4. The applicant's height, weight and color of eyes and hair; 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; 7. The names, street addresses and phone numbers of any massage estab1ishment 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; 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; 9. Whether the applicant has ever had a license, 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 years preceding the date of the { j-h 9.06.050 Cupertino. Health and Sanitation 8 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; 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 Abatement 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 conn in which the abatement action occurred, the applicable case number, and the outcome of the abatement action; 11. If the applicant is a partnership, the application shaI1 set forth the names and street addresses of each general and limited partner, 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 cunent officers and directors; 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); 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; 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 years preceding the date of the application; 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; 17. A statement under penalty of perjury that the applicant has not made any false, misleading, or fraudulent statements or omissions of fact in hislher application or any other docwnents required by the City to be submitted with the application; 18. The name and street address of the owner or renter and the lease holder of proposed premises of which application is made; 19. Acknowledgment 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 officer, 21. Such other information as may be deemed necessary by the City Manager. (Ont. 1917, (part), 5-5-2003; Ont. 1875 Exh. A (part), 2001) 9.06.055 Massage Establishment License, Massage Therapist Permits and Managing Employee Permits-Submittal of Documentation. Applicants shall also submit the following information at the time of their application: A. A copy of an acceptable form of picture identification such as a driver's license or state identification card; B. Two recent identical color photographs of the applicant (similar to passport photographs); C. Documentation to prove that the applicant has a lawful right to work in the United States; D. Such other information as may be deemed necessary by the City Manager, E. In the case of an applicant for a massage therapist permit, a certificate from a physician, which includes the physician's street address and phone nwnber, and states that the applicant is free from communicable diseases or other conditions which could interfere with hislher 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 days of the permit application; F. In the case of an applicant for a massage therapist permit, a diploma, certificate of graduation, transcripts, or other written proof acceptable to the City Manager or hislher designee that the applicant has met the educational requirements set forth in this chapter. (Ord. 1875, Exh. A (part), 2001) 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 defray the cost of investigation and report, and is not made in lieu of any other fees or taxes required by the Cupertino Municipal { 3-Î 9.06.120 Cupertino. Health and Sanitation 10 be denied, and the applicant shall not be permitted to apply again for a massage therapist permit for a period of one year. (Ord. 1875, Exh. A (part), 2001) 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 sixty 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 sixty days immediately prior to the riling of the certificate, been examined and been found to be free of any contagious or communicable disease set forth in Section 9.O6.055E. B. It is unlawful for any person who has neglected, failed, or refused to me 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. 1875, Exh. A (part), 2001) 9.06.180 Outca1l Massage Permit-Application. An outcall massage permit may be issued only to a Cupertino-licensed massage therapist. In addition to the permitting criteria for massage therapist, as required in this chapter, an applicant must provide a list of all businesses and residences where the applicant will be performing outcall massage. The massage therapist must keep the City Manager or hislher designee, advised in writing of changes to said list. (Ord. 1875, Exh. A (part), 2001) 9.06.190 Outcall Massage Pennit-Criteria. Outcall massage may be performed only under the following criteria: A. Corporate. 1. The massage treatment shall consist of "corporate" massage only as derIDed in Section 9.06.020; 2. Outcall "corporate" massage clients shal1 be owners and employees of the business at which the massage therapist will be performing massage. B. Residential. I. The massage treatment shal1 consist of corporate massage only as derIDed 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. 1875, Exh. A (part), 2001) 9.06.193 Operating Requirements for Massage Estab1ishments. Unless otherwise specified in this chapter, all massage establishments shal1 comply with the following operating requirements: A. Exterior Signs. A recognizable and legible sign shal1 be posted at the main entrance identifying the business as a massage establishment. In addition, the sign shal1 comply with the City sign ordinance. B. Posting of Massage Establishment Ucense, Massage Therapist Permit, and Managing Employee Permit. A copy of the massage establishment license, massage therapist permit(s), and managing employee permit(s), shal1 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 shal1 be in charge of the operation of the business during hislher absence. If the managing employee(s) will personally provide massages at the business, he/she must obtain a massage therapist permit. D. Posting of Services Available and Fees. A list of all 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, shal1 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 prenúses 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 charged with enforcement of this chapter. These records may not be used for any other purpose than as records of service 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. 1)-1 II Massage Establishments and Services 9.06.193 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. At a minimum such clothing shall be made of nontransparent material and sha1l 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 ten p.m. or before the hour of seven a.m. Operating hours may be further restricted by the City Manager pursuant to Section 9.06.200. J. Mirrors Prohibited. 10 general, mirrors are prohibited in rooms where massage are performed; however, one full length or small mirror may be mounted vertically to the wall, not less than twenty 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. (Ord. 1875, Exh. A (part), 2oot) 9.06.196 Massage Establishment Sanitary Conditions-Condition of Premises. A. Required Maintenance of Massage Establishment. All 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 waterproofmg of rooms in which showers, water, or steam baths are used. B. Linens. AIlmassageestablishmentssha1lprovide clean laundered sheets, towels, and other linen in sufficient 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 sha1l be provided for the storage of all soiled linens. C. 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. (Ord. 1875, Exh. A (part), 2001) 9.06.198 Prohibited Acts. A. 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 hislher hand or hands upon, or touch with any part of hislher 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 sha1l include the genitals, pubic area, anus, or perineum of any person. B. 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 estab1ishment 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 hislher genital and sexual parts from exposure. If the client exposes the genital area, the therapist shall immediately direct the client to cover himlherself. 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. c. Outcall MaSsage Services. It is unlawful for any massage establishment or massage therapist to provide outca1l massage services within the City unless it occurs at the client's residence, and the client possesses a referral from a licensed chiropractor or physician stating that the 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 defmed 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. D. Transfer of Massage Establishment License, Massage Therapist Permit and Managing Employee Permit. No permit issued pursuant to this chapter sha1l be transferred or assigned in any maner. whether by authorization of law or otherwise, from any location to location or from person to person, except that a person I J-I D 9.06.198 Cupertino. Health and Sanitation 12 possessing a massage therapist permit, issued by the City, shall be able to move from one employer to another without f1Iing a new application or paying a new fee, so long as the permit holder notifies the City Manager or hislher designee, in writing, of the change in hislher employment within five days of such change. Failure to make this notification within five days shall be grounds for suspension, revocation, or denial of the permit. (Ord. 1875, Exh. A (part), 2001) 9.06.200 Suspension or Revocation-Grounds. My 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. 1875, Exh. A (part), 2001) 9.06.210 Suspension or Revocation-Notice-Hearing. The holder of the license or permit sha1l be given prompt notice of revocation or suspension of the license or permit and shall immediately desist from engaging in the activity. The notice shall fix a time and place, not less than five or more than thirty days after service thereof, at which time the holder of the license or permit 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. 1875, Exh. A (part), 2001) 9.06.220 Appeals. My person whose license or permit has been denied, suspended or revoked may appeal the administrative decision of the City Manager, or designated representative, by f1Iing a written notice of appeal with the City Clerk within five working days after receipt of notice of the decisioo. Such appeal shall be heard by the City Council, which may affum, amend or reverse the order, or take other action deemed appropriate. The Clerk sha1l 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 sha1l not be limited by the technical rules of evidence. My person requesting an appeal shall pay a nonrefundable fee set forth in the City fee schedule at the time of f1Iing the appeal. (Ord. 1875, Exh. A (part), 2001) 9.06.230 Inspection by Officials-Premises. My and all investigating officials of the City shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce comp1iance with building, flte, 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. 1875, Exh. A (part), 2001) 9.06.240 Violation-Public Nuisance. Violations of any provisions of this chapter constitutes a public nuisance which may be abated pursuant to Chapter 1.09 of the Cupertino Municipal Code. (Ord. 1875, Exh. A (part), 2001) 9.06.250 Violation-Penalty. My 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. 1875, Exh. A (part), 2001) 9.06.260 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. (Onl. 1875, Exh. A (part), 2001) 9.06.270 Application to Existing Massage Establishments and Massage Therapist. A. 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. B. In order to comply with this chapter, each owner of a massage establishment shall comply with the provisions of this chapter within sixty days of the adoption, and each massage therapist must comply within ninety days of adoption. (Ord. 1875, Exh. A (part), 2001) f)-II 03/04/2004 05: 55 5104944754 1D PAGE 01/03 EXHIBIT C ~ Frëffiönt f,_n,," v.po."""'" I n...,It,," Dlui.doll 39550 Ubcny $1T""t. P.O. Box 5006. Premont. (:A 94537.5006 510 494-4790 ph I Sl0494-4754Jiu<' www.fremoltt.gov March 4, 2004 CityofCupenino Code Enforcement Division 10300 Torre Avenue Cupertino, CA. 95014 (408) 777-3174 VIA FACSIMILE Dear Sir or Madam: The City of Fremont has been informed that Yumei Wang has submitted an application to your city in order to operate a massage establishment. This application form requests information on any other massage related busi.nesses ill which the applicaot may have involvement either currently or in the past. Ms. Wang listed her ownership of a business operated under the Da.me Happy Feet that is located at 40923 Grimmer Blvd in the City of Fremont. As part oflbe investigation process, a telephone call was placed to the City of Fremont to inquire about the operatioD of the business. The business began operation in the City of Fremont January 1, 2002. The business owner Yumei Wang was issued a Conditional Use Permit by the PlaonÎng Commission of the City and a Massage Establishmeot Permit by the License Authority of the City. A condition of all massage permits issued by the City ofFremoot is that the business is open to inspection by designated employees of the City during aU normal business hours. On two occasions in 2002. inspections were carried out at tbe business location. (April 23 and July 3). During both of these inspections it was observed that the daiJy register of clients, which is required by Fremont Municipal Code. was being improperly maintained. The Municipal Code requires that each permitted establishment must maintain a daily register which contaios the full name and residential address of each client of the establishment. The daily register must also cootain the name of the massage technician who performed the service as well as the time period for the service and the amount paid. The inspection revealed that on several occasions on the inspection days there were incomplete entries in the daily register that contained only partial names and addresses. This issue had been discussed with the employees ofthe facility on several previous inspections and had been discussed with the owner of the business. Yumei Wang on several occasions. Correction of the violations did not occur and therefore citations were issued. Additionally, during the inspection of JuJy 301 their was no on site manager * { J -1.;(. Ð3/Ð~/2ÐÐ~ Ð5: 5& 51Ð4~~~75~ lD PAGE Ð2/Ð3 available at tbe location. This is a violation of the Fremont Municipal Code and also had been noticed on previous inspections. Verbal warning was made to the business owner and again tbe violation was not corrected. The citaûon information is as follows: Citation Date Citation Number Violation Section Penalty Amount 04/23/2002 147218 FMC 4-7132 (13) $100.00 07/03/2002 147256 FMC 4.7132 (13) $200.00 07/03/2002 147256 FMC 4-7132 00) 5200.00 These citation fines have been paid by the business owner. Citation number 147218 was paid on 4130/02 and citation number 147256 was paid on 8/13/02 There have been no additional violations at the location. Sincerely. ~50n License Authority (510) 494.4791 Emsi\; çlrobinson@çi.frcmontca.us. Enclosure I J-/3 03/04/2004 05: 5& (e) 5104'344754 PAGE 03/03 1D The Licensee must designate or employ a Massage Establishment Administrator to be in eharge of the operation of the business during all times that the Licensee is not Personally managing the business. The name of the person cum:ntly in eharge of the Massage Establishment must appear in the daily register. Either the Licensee or designated Massage Establishment Administrator must be present at the Massage Establishment at all times during business hours that: (1) Any Massage Establishment Personnel other than a single receptionist is present at the Massage Establishment; (2) Any member of the public is in ariy room of the Massage Establishment other than the retail portion or reception area; or, . (3) Notwithstanding subsection (2), any person occupies a massage room. . (1) Customers must pay for Massage Services at the reception counter. All tips, if any, must be received at the rcceptioncounter; (g) Each Massage sCIVÎcc offered must be posted together with the price for the service in a conspicuous place in the reception lIfea. A Massage Establishment must not provide or charge for any serviee other than those posted; (b) Daily Register. (I) All Massage Establislnnents must keep a daily register which lists the full name and address of each Client, the date, time, type and duntionofMasSage Service, price, any tips received from the Client, the amount paid for the Massage Services provided, and the name of the Massale Technician assigned to performed the Massage Service. A còmplcte entrY for each Client, except for the amount actually paid, must be made before the Client receives any Massage Services. The amount paid for Massage Services and any tip given by a Client must be separately identified and must be recorded in the daily log when received. A Client may change the type orduntion of Massage Service once a Massage has begun but the change in service and price must be recorded in the daily register before the additional or different Massage Service is provided. (2) A Client's address is not required to be entered into the register if the Massage Establishment maintains the Client's address on a separate standardized fomt or computer database. (3) It is the responsibility of the Licensee or Massage Establishment 11 /')-/"1 1. Application No. 2. Applicant(s): 3. AppelJant(s): name, address, phone number 4. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 0 œ~œ~WJ~Jm ,8~ CUPERTINO CITY CLERK APPEAL' c.~0400206 YuIMei Wa~ Yt,tme,' We?:5 - Ac tYlLA LA cTwe Tle"f/fh 1933 c4Qn::/ev.. Þr,v{¡:' 'l'/30S Y? ~ r IÍ ;¡ '1cr M€ c:::..4' 5' 4- C> I 0 ~ ék .:;fe r D@.isisR sf Dir@.tBr Bf Cgmmw¡it;: D@"8Ig~m8Rt ];)eeisisR Bf Plar.aiRg C8¡¡:¡misEÎ8R Code Enforcement (please check one) 5. Date of determination of Director or mailing of notice of City decision: 03/05/2004 6. Basis of appeal: Signature(s) 5"ee- lélter- a:tAcluY/ . x~~~-~ Please complete form, include appeal fee of $145. OQmd return to the attention of the City Clerk - ,ppeals/appek fom,'doc March Eih 2004 City of Cupertino, Code Enforcement Division 10300 Torre Avenue, Cupertino CA 95014 A1fe.J,;..,: Jeff::! 'fryþLlß . RE: Request for Appeal- Application # C-O400206 Acupressure Health Center- 10011 Foothill Blvd. Suite 102, Cupertino CA Dear Sir, In response to your letter of denial dated 3/5/2004, I wish to submit an appea' request because' believe your decision is based on incomplete and/or irrelevant information that requires further explanation or clarification. The City of Fremont Dept. of Business Licenses & Revenue, routinely sent out their revenue/agents (not law enforcement officers) to inspect massage establishments, and make sure that the manager record every customer's name, address & phone number, to make sure that all business incomes are reported; and also routinely give out $100-$200 tickets/citations for incomplete names, address or phone numbers, as an additional source of revenue for the City. There may be occasions when the manager/operator stepped out of the office to run an errand that the employee in charge, who may not speak or read very good English, did not make sure the customer fill out their complete name, address and phone numbers. Most of these tickets are given for minor infractions of City of Fremont massage establishment guidelines and housekeeping rules; and have little or nothing to do with law enforcement issues. We have requested Mr. Dennis Robinson, Fremont City Business License & Revenue Division, to write you a letter to further clarify and explain the nature and circumstances of the two administrative citations; and be availab'e by phone to provide additional details and answer to any of your questions. We are enclosing herewith a completed Appeal Form and a check for $145. for your further processing and reconsideration. Thank you for your time and attention in this matter. Sincerely, ~ "rum E L 'wl! A~1) ACUPRESSURE HEAL Tf.( CmrER Yumei Wang, Business Owner CUPEIQ1NO Parks and Recreation Department STAFF REPORT Agenda Item Number .rL Agenda Date: April 5, 2004 SUBJECT Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter Rasmussen, President, Blue Pheasant Restaurant, Inc., and Birthe Lisa Rasmussen for lease of City property at 22100 Stevens Creek Boulevard. BACKGROUND The tenant, Blue Pheasant Restaurant, Inc., was in operation at 22100 Stevens Creek Boulevard before the City purchased the property, and prior to annexation of the property into the City of Cupertino. The City has honored the terms ofthe lease they acquired with the purchase of the building in 1991. The current lease expired March 31, 2004; the restaurantlbar has continued operation under a hold-over provision of the lease. The leased premise is 6,800 square feet. The prior lease indicated the leased premise was 5,800 square feet, but we recently re-measured the space at the City Attorney's suggestion, and discovered the discrepancy. Prior rent was $3,785/month. Monthly rent to be paid between April 1,2004 and March 31, 2009, is per the following schedule: . Commencing April 1,2004, $6,779Imonth . Commencing April I, 2005, $6,982/month . Commencing April I, 2006, $7,192/month . Commencing April 1,2007, $7,407/month . Commencing April 1,2008, $7,630/month In addition to rent, $1,077 per month, which includes principle plus interest at the rate of four percent (4%) per annum, will be paid over the five-year period as payment due for back rent in the amount of$58,926. There was some disagreement about the rent due (see attached letter), but this issue is resolved with the agreed to additional monthly payment. This lease is for five years with an option to renew for five years, per Council direction, at fair market value. A significant aspect of this lease is the requirement that the business close at II p.m. to conform to zoning regulations. The operator intends to run a restaurant and bar that closes at II p.m. Pe!nred on Recycled Papee 14-{ April 5, 2004 Page 2 of 3 The building is in need of a new roof, and the 2004/05 Capital Improvement budget will reflect this. Under the terms of the attached lease, no rent is due the City during the time business is disrupted due to construction impacts. The Rasmussen's have requested that the lease be between the corporation and the City; the attached Guaranty Agreement was drafted by the City Attorney to insure personal liability in the event of corporate bankruptcy. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the lease and Guaranty Agreement next in order with Ole Peter Rasmussen, President, Blue Restaurant Pheasant, Inc. and Birthe Lisa Rasmussen, for lease of City property at 22100 Stevens Creek Boulevard. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: ---)1/\.. rYY'------ Therese Ambrosi Smith, Director Parks and Recreation Department ~ David W. Knapp City Manager g:lparks and recreation adminlblue pbeasantlstaffreportslbp lease to cc 040504.doc fLf-)'" April 5, 2004 Page 3 of3 .IJ... - Ilue Pheasant BI.._- 22100 s...... Qoek Blvd. ~CA9SO14 Pbooe: 40I-2SS-3300 Fox: 408-2SS-1467 EmoiJ: bluopbCOHDl@ootcom December 4, 2003 Therese Ambrosi Smith, Director Parks and Recreation DepartmeÌ1t City Hall 10300 Torre Avenue Cupertino CA 95014-3255 RE: Rent Increase Dear Therese, As we discussed in our phone convenalion we believe that we have an agreement with the City of Cupertino regarding the CPI adjustment clause in our lease. Steve Dowling prior Director of Parks & Recreation chose not to apply the adjustment because of the poor condition of the huilding. The rooflcaks constantly in the dining room and on the dance floor. The City of Cupertino has been advised that the only solution was a new roof and had several bids years and years ago but the money was not available in the budget. We also have a terrible sewer smell that has been here for years and years and has not been ad- dressed as well. For these reasons along with others Steve did not apply the adjustment. 1 am sending two checks $3785.00 and $1894.26 which we believe should not be paid unless the building is in proper operating condition. Sincerely, ~. Peter Rasmussen Lana Means Blue Pheasant Restaurant ['-(-J LEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE BLUE PHEASANT RESTAURANT, a California Corporation This Lease is entered into by the City of Cupertino (the "City"), a municipal corporation of the State of California, and The Blue Pheasant Restaurant, a California Corporation whose address for these purposes is 22100 Stevens Creek Boulevard, Cupertino, California 95014 (the "Lessee") The building to be leased by the Agreement is commonly known as "The Blue Pheasant" and more particularly described as 22100 Stevens Creek Boulevard, City of Cupertino, County of Santa Clara, State of California (the "Property") WITNESSETH: WHEREAS, on May 31, 1983, Blackberry Farm Recreation Center, a California corporation and at that time the owner of the Property, and Lessees Ole Peter Rasmussen and Birthe Lisa Rasmussen entered into a lease for the use of the Property for a restaurant and bar. The term of said lease expires on March 31,2004; and WHEREAS, Lessee, a Corporation owned solely by Ole Peter Rasmussen and Birthe Lisa Rasmussen, wishes to enter into a new Lease with the present owner, City of Cupertino, for the continued use of the Property for a restaurant and bar. NOW THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the parties agree as follows: 1. DESCRIPTION OF THE PROPERTY TO BE LEASED The "Property" includes a building of approximately 6,800 square feet located at 22100 Stevens Creek Boulevard, City of Cupertino, commonly known as the "Blue Pheasant" including the kitchen, bar, banquet room, the non- exclusive use of 92 parking spaces, and the fixlures attached to the real Property described in Exhibit "A" which is incorporated herein by reference. The Property does not include that certain real Property consisting of the Blackberry Farm Golf Course, nor that area of said building designated and used by the City as a golf professional shop. 2. LEASE TERM The lease of the Property shall commence on April 1, 2004 and end on March 31,2009, unless otherwise terminated under the provisions of this Lease. qJ~ rt:r? 1 fl.(-L{ 3. OPTION TO RENEW Lessee is given the option to extend the term on all provisions contained in this Lease, except for the Base Rent (and any adjustments thereto) for a five (5) year period (Extended Term), following the expiration of the term, by giving notice of exercise of the option (Option Notice) to the City at least six (6) months but not more than one (1) year before the expiration of the term, provided that, if Lessee is in default on the date of giving the Option Notice, the Option Notice shall be totally ineffective, or if Lessee is in default on the date the Extended Term, the Extended Term shall not commence and this Lease shall expire at the end of the Term. The parties shall have sixty (60) days after the City receives the Option Notice to agree on a Base Rent (together with adjustments) which shall approximate fair market value. If the parties agree on the Base Rent and any other provisions for the Extended Term during that sixty (60) day period, they shall immediately execute an amendment to this Lease stating the Base Rent (together with adjustments) and other related terms. If the parties are unable to agree with respect to the Base Rent or any adjustments thereto within that period, the Option Notice shall be of no effect and this Lease shall expire at the end of the Term. Neither party to this Lease shall have the right to have a court or other third party set the Base Rent or adjustment thereto, or enforce agreement of the parties with respect to any particular rent provision. Lessee shall have no other rights to extend the term beyond the Extended Term. 4. BASE RENT a) Lessee shall pay to the City a monthly base rent, without deduction or setoff, in the amount of $6,779 commencing April 1, 2004, subject to the following adjustments: Commencing April 1, 2005 Commencing April 1, 2006 Commencing April 1, 2007 Commencing April 1, 2008 $6,982 per month $7,192 per month $7,407 per month $7,630 per month b) Rent shall be payable in advance on or before the first day of each month without notice or demand of any kind by the City. In the event that this rent is not paid within ten (10) days after the due date, rent is deemed late and delinquent and a late charge of $250 plus interest at the legal rate on the delinquent amount shall be assessed as additional rent. (j)/ ? (l r;f. /<-{-5" c) Payments shall be submitted to the City, Attention Finance Department at 10300 Torre Avenue, Cupertino, California 95014. d) Should Lessee default in the payment of any monthly installment of rent during the lease term, the unpaid balance of the rent for the entire term of this lease shall be due and payable at the City's option subject to the provisions of Paragraph 15 of this Lease. When a default in the payment of rent has continued for ten (10 ) days after delivery of a written notice to Lessee of such default, no further notice or demand of any kind shall be necessary prior to the City's exercise of it's option to accelerate said rent and terminate this Lease. 5. ADDITIONAL RENT/ARREARAGE The parties agree thai the sum of $58,926 is owed to the City by former Lessees Peter Rasmussen and Birthe Lisa Rasmussen for rent of the Property during the previous lease term. Lessee agrees to pay this arrearage as additional rent, payable at the rate of $1,077 per month (which includes the principle amount described above, plus interest at the rate of 4% per annum) for the entire five-year term of this lease. Said additional rent shall be paid at the same time and under the same conditions as is the base rent described in Paragraph 4 above. 6. HOLDING OVER At the expiration of the term of this Lease, Lessee may continue to occupy the premises on a month to month basis under the same terms and conditions contained in this Lease, provided that the monthly base rent shall be one and one-half times the last monthly rent as described in Paragraph 4 of this Lease. 7. USE OF THE PROPERTY a) Lessee shall use and occupy the Property exclusively as a restaurant and bar which shall be open to the general public. b) The use of the Property shall be consistent with the rules and regulations of the City's PR zoning district, which includes a nightly closing time of 11 :00 p.m. c) Lessee shall cause to be posted at the main entrance to the Property its hours of operation in a manner which will give reasonable notice of its business hours to prospective customers. d) The parking spaces included in the Property shall be jointly used by Lessee and the Cily. (tl, ~œœ I L{ ~~ 8. LESSOR'S OBLIGATIONS a) The City shall, at its sole expense, keep, maintain and repair the exterior walls and roof of the Property. Should any such maintenance and repair cause the Lessee not to be able to operate the Property as a restaurant and bar for a temporary period, then Lessee's base rent shall be abated during that temporary period. The City may commence any such maintenance or repair by giving Lessee five days written notice. b) The City shall, at its sole expense keep, maintain, and repair the joint use parking spaces described in Paragraph 7 (d). However, the indemnity provisions contained in Paragraph 14 of this Lease extend to the use of the parking spaces by Lessee's customers and employees. 9. LESSEE'S OBLIGATIONS a) Lessee shall pay, as they become due, all charges for water, heat, electric, gas, garbage, and all other utilities furnished to, or consumed on the Property for the maintenance, use, and operation of the Property during the term of the Lease (including any holding-over.) Upon request of the City, Lessee shall produce receipts showing the payment of said utilities. b) Lessee shall reserve a parking space for pick-up of refuse material on collection days scheduled by the City's garbage collection franchise. c) Lessee shall not do, or permit anything to be done in or about the Property, nor store anything therein, which would in any way increase the rate of fire insurance on the Property. d) Lessee shall pay, when due, all possessory interest Property taxes, and special assessments imposed on the Property by any public entity during the lease term. e) Lessee shall maintain the Property in a clean and sanitary condition, and in this regard do the following, all at Lessee's expense: i) Clean on a daily basis the grease deposit units located under the canopy and outlet flues above all grill installations; ii) Enter into a contract with a licensed commercial cleaning service to clean the hood and ventilation ducts and equipment above all grills, at least once every six months; iii) Service the automatic fire extinguisher located above all grills and provide for the maintenance and inspection of all fire extinguishers on the ç¡), 4 i7tl2 {L{-7 Property in accord with the Fire Code and other applicable local ordinances and regulations. f) Lessee shall, at their sole expense, remain in compliance with all local, state and federal laws and ordinances concerning the Property, the occupancy and use thereof, and the business conducted therein. Should Lessee fail to comply with any such laws and ordinances, the City may, but shall not be obligated to, comply therewith, in which case the amount paid by the City in order to comply, together with all costs, expenses, interest, penalties incurred, shall be added to Lessee's next rent payment and shall be collectible as additional rent in the same manner and with the same remedies as if it had been originally reserved. g) Insurance. Lessee shall, at its own expense, maintain in full force and effect during the term of this Lease, and during any hold-over, the following insurance in amounts not less than the amounts specified, and issued by an insurance company admitted in California and having a Best Guide Rating of A- Class VII or better: i) Comprehensive public liability, including a dram shop endorsement and provisions for personal injury and Property damage coverages, in an amount not less than One Million ($1,000,000) Dollars for anyone person injured or killed, not less than Two Million ($2,000,000) Dollars for anyone accident or occurrence, and not less than Two Hundred Thousand ($200,000) Dollars Property damage for each accident or occurrence. The City, its officers and employees shall be named as additional insured in all of Lessees' insurance policies meeting the above stated requirements. ii) Statutory workers compensation insurance and employer's liability insurance for all of Lessee's employees; and iii) Statutory fire insurance on the Property. Lessee shall furnish to the City Certificates of Insurance evidencing the insurance coverages set forth above, the name and policy number of each carrier and policy, and that the insurance is in force and will not be cancelled or modified without thirty (30) days written notice to the City. If Lessee does not maintain lhe above-required insurance, the City may, at its option, pay for the necessary insurance, and the repayment thereof shall be added to any subsequent installment of rent, and shall be collectible as additional rent in the same manner, and with the same remedies as if it had been originally reserved. Based on the fact that the City retains sole occupancy and control of that certain portion of the Property designated as a golf professional shop, ~~ /1Jæ {L{ - ð appropriate exclusionary endorsements may be provided to remove said designated area from the insurance maintained by Lessee. h) Lessee shall, at its oWn expense, maintain the Property in good and safe condition and repair. The City retains and reserves the right to inspect the Property to insure said maintenance is satisfactory. All repairs, charges and improvements are subject to prior written approval of the City. Lessee's duty to maintain the Property in good repair shall include, but not be limited to, maintaining air conditioning and heating equipment, elevator for disabled persons, freezers, ventilation ducts, kitchen equipment and appliances, garbage disposal equipment, grease traps, the stairs separating the first and second floors, and restroom facilities. i) Lessee shall pay, before delinquency, any and all taxes, assessments, license fees and public charges levied, assessed, or imposed, and which become payable during the lease term (including holdovers) upon Lessee's fixtures, furniture, appliances and personal Property installed or located on the Property. 10. MECHANICS LIENS Lessee shall keep the Property free and clear from all liens which may be filed as the result of any improvements made on the Property by any mechanic, laborer, materialman or general contractor. If Lessee, in violation of the foregoing condition, fails to pay and retire the amount for which such a lien is security, the City may, at its option, terminate this Lease upon giving written notice of such intention; or the City may, at its option, pay the amount necessary to release said lien, in which case all costs, interest and penalties connected therewith shall be added to the installment of rent next becoming due and shall be collectible as additional rent in the same manner and with the same remedies as if it had been originally reserved as rent. The City shall have the right to post and maintain on the Property such notices of nonresponsibility as are provided under California law governing mechanic's liens. 11. ASSIGNMENT Lessee shall not assign, sublet, license, mortgage or transfer any portion of this Lease, nor shall Lessee allow any other person to use or occupy the Property, or any part thereof, without the express written consent of the City. The consent to one assignment, sublet, license, mortgage, transfer, use or occupancy shall not be construed to be a Consent to use any subsequent assignment, sublet, license, mortgage, transfer, use or occupancy. The City shall have the sole discretion to require a deposit equal to the first and last two months rent, and to require written guarantees in exchange for its COnsent to any assignment or sublease to a corporation. çf)~ YþC!4 if -I] 12. TERMINATION a) Any assignment, sublet, license, mortgage, transfer, use or occupancy by Lessee, whether voluntary or involuntary, without written consent by the City shall be void and shall, at the option of the City, terminate this Lease upon written notice to Lessee. b) Should Lessee default in the payment of any installment of rent, or in the performance of any covenant contained in this Lease, or if any interest held by Lessee in this Lease is affected due to attachment, execution, judgment, insolvency or bankruptcy, whether voluntary or involuntary, the City may terminate this Lease as provided herein in Section 4(d). 13. SALE OF THE PROPERTY In the event of any sale or conveyance by the City of the Property, said sale or conveyance shall be made subject to this Lease and shall operate to release the City from any further or future liability under any of the terms, covenants, and conditions contained herein, whether express or implied, and Lessee shall look solely to the responsibility of the successor in interest of the City in and to this Lease. 14. INDEMNITY Lessee hereby expressly waive all claims against the City for damages to goods, wares and merchandise in, upon or about the Property, and for injuries to persons in, upon or about the Property, from any cause arising at any time during the Lease term. Lessee shall indemnify the City, its officers and employees, from and against any and all liability, loss or expenses in connection with any claim, demand or action asserted against the City, its officers or employees, because of injury to or death of any person, or for loss of or damage to Property of any person when such injury, death, loss or damage, however caused, results from, occurs in connection with, or arises from the use of the Property by Lessee or from the failure of Lessee to keep the Property in good condition and repair, or which results from any acts, omissions or negligence by Lessee, its agents or employees. 15. BREACH: LEGAL ACTION: DAMAGES Upon Lessee's breach of any provision of this Lease, abandonment of the Lease before the end of the term, or if Lessee's right to possession is terminated by the City because of a breach of the Lease, the City, at its sole option may bring legal action to recover from Lessee: (j/r 7ŒJ2 {~~ID a) The worth at the time of judgment or award of the unpaid rent which had been earned at the time of termination; b) The worth at the time of judgment or award of the amount by which the unpaid rent which would have been earned after termination until the time of judgment or award exceeds the amount of the rental loss that the City proves could have been reasonably avoided; c) The worth at the time of judgment or award of the amount by which the unpaid rent for the balance of the term after the time of judgment or award exceeds the amount of the rental loss that the City proves could have been reasonably avoided; and d) Any other amount necessary to compensate the City for all of the detriment proximately caused by Lessee's failure to perform the obligations under this Lease or which in the ordinary course of business would be likely to result therefrom. e) "Worth at the time of judgment or award" of the amount referred to in Paragraphs 15 a and b is computed by allowing interest at the rate of ten (10%) percent per annum; the "worth at the time of judgment or award" of the amount referred to in Paragraph 15 c herein is computed by discounting such amount at the discount rate of the Federal Reserve Board of San Francisco at the time of award plus one (1%) percent. 16. CONDITION OF PROPERTY: SURRENDER Lessee accepts the Property and the leased fixtures and equipment as being in good and sanitary order, condition and repair, and agrees to surrender the Property in as good condition as received, except for normal wear and tear, and to remove all of Lessee's signs from the Property. 17. GROUNDS FOR REPOSSESSION OF THE PROPERTY Should Lessee fail to pay rent at the times and in the manner herein provided, without deduction, default or delay, or in the event of a breach by Lessee of any of the provisions herein, the City shall have the right to re-enter the Property to remove all persons and Property therefrom, and to repossess and enjoy the Property, notwithstanding anything stated herein to the contrary. The City may, at its option, relet the Property, or any portion thereof, for such rent and upon such terms as it may see fit to satisfy the rent herein reserved. Lessee shall satisfy and pay any deficiency in the rent and pay the expenses of such reletting and collecting. If the obligations of the Lessee are that of guarantor or surety, Lessee agrees that no change or modification of the relations or obligations between the City and the party or parties primarily liable, by reason of {þ]v' R~2 [4-11 such reletting, nor any change in the Property, nor any delay shall release or exonerate Lessee. 18. ENTRY AND INSPECTION The City shall have the right to enter the Property at all reasonable times to inspect, or to make necessary or agreed on repairs or alterations. Further, the City retains the right to enter upon and show the Property to persons considering purchase, rental or lease of the Property and to display the usual notices and signs, "For Sale," "For Lease," or "For Let," upon the Property for sixty (60) days prior to the expiration of the Lease term. Such signs shall be allowed without diminution of rent or hindrance by Lessee. 19. PROPERTY UNINHABITABLE; REMEDY If the Property is wholly destroyed by fire, earthquake or any other cause whatsoever, or if the Property is injured by any cause which necessitates an expenditure of more than forty (40%) percent of its fair market value to repair and restore it, or if more than forty percent (40%) of the floor area, measured in square feet, is destroyed, the City may, at its option, elect to terminate this Lease. In which event, the City shall within sixty (60) days from the date of the destruction or injury, give notice to Lessee that it has elected to terminate this Lease. If the Lease is not terminated, Lessee shall not be obligated to pay the rent herein reserved during the time that the Property is wholly uninhabitable. If the City does not terminate the Lease as herein provided, and does not commence restoration of the Property within sixty (60) days from the date of destruction or injury, Lessee may, at its option, terminate this Lease upon written notice to the City; provided, however, that the City shall in no event be under an obligation or duty to restore the Property. If the City elects to restore the Property, it shall proceed with reasonable diligence, but shall not be liable for any delay, other than an abatement of rent during the time that the Property remains uninhabitable. Where the Property is uninhabitable in part only, then such rent abatement shall be proportioned accordingly. The words "restore" and "restoration" as used herein, shall not include or apply to any fixture, equipment or additions of any kind, or any Property whatever placed in or upon the Property by Lessee or anyone acting on their behalf. In making restorations, the City may use similar and/or changed workmanship and/or architecture. Immediately upon completion of repairs, the full amount of rent hereunder reserved shall be due and payable. For the purposes of this Lease, the Property shall be deemed. "uninhabitable" if it is nonoperative as a restaurant and bar business, or if any public agency deems it unsafe or unhealthy for human habitation or use as a restaurant and bar business. ~/ q (jJ{J¿ {l{ -{ J-- 20. EMINENT DOMAIN (a) In the event of a total condemnation of the Property during the Lease term, this Lease shall terminate as of the date actual physical possession of the Property is taken by the condemnor. All compensation and damages awarded for such total condemnation shall belong to, and be the sole Property of the City, and Lessee shall have no claim thereto, and hereby irrevocably assign and transfer to the City any right to compensation or damages they may become entitled, provided however, the Lessee shall be entitled to receive any award that may be made for the taking of or damage to Lessee' trade fixtures and any improvements made by Lessee to the Property which Lessee would have had, but for the condemnation, the right to remove upon expiration or termination of this Lease. (b) On termination of this Lease by a total condemnation of the Property, all rent and other charges payable by Lessee to or on behalf of the City pursuant to this Lease shall be paid up to the date on which actual physical possession of the Property is taken by the condemnor, and the parties hereto shall thereafter be released from all further liability under this Lease. (c) In the event of a partial condemnation of the Property during the Lease term, this Lease shall terminate as to the portion of the Property so taken on the date when actual physical possession of said portion is taken by the condemnor; and the parties hereto shall each have the option to terminate this Lease by giving written notice to the other, within thirty (30) days after actual physical possession of said portion is taken by the condemnor. If neither party terminates this Lease as herein provided, then this Lease shall continue in full force and effect as to the remainder of the Property not condemned; provided, however, that the rent payable by Lessee for the balance of the Lease term shall be abated in the ratio that the square footage enclosed floor space of the Property bears to the total floor space of the Property upon such condemnation. (d) Upon partial condemnation, all compensation and damages awarded for such condemnation shall belong to and be the sole Property of the City; and Lessee shall have no claim thereto and hereby irrevocably assign and transfer any right they may have had to share in the award to the City; provided, however, that Lessee shall be entitled to receive any, award made for the taking of, or damage to, Lessees' trade fixtures and any improvements made by Lessee to the Property which Lessee would have had, but for the condemnation, the right to remove upon expiration or termination of this Lease. (e) Upon termination of this Lease in part, as herein provided, all rent and other charges payable by Lessee to or on behalf of the City pursuant to this Lease, shall be paid up to the date on which actual physical possession is taken by the condemnor of that part of the Property being condemned; and Lessee shall thereafter be liable only for that portion of rent required for the balance of the Lease term as herein provided. H-/3 ~( 1æ 21. SIGNAGE The existing signs which identify the Blackberry Farm Golf Course will continue to be prominently displayed along with necessary "Open to the Public" signs for the information of the City's patrons. The installation of additional signs by Lessee concerning their business shall be in accordance with the City's sign ordinances and regulations. 22. SECURITY If any security is given by Lessee to secure the faithful performance of any or all of the covenants of this Lease on the part of Lessee, the City may transfer and/or deliver such security to the purchaser of the reversion, in the event that the reversion is sold; and the City shall then be discharged from further liability in reference thereto. 23. LEASE SUBORDINATE. (a) This Lease shall be subordinate to any mortgages, trust deeds, or bond indentures that are now or may hereafter be placed upon the Property, to any and all advances made or to be made thereunder, to the interest thereon, and to all renewals, replacements and extensions thereof, provided the mortgagee or beneficiary named in the mortgages, trust deeds or bond indentures agrees to recognize Lessee's Lease in the event of foreclosure if Lessee are not in default. If any mortgagee or beneficiary elects to have this Lease superior to its mortgage, trust deed or bond indenture by notice to Lessee, then this Lease shall be deemed superior to the lien of any such mortgage, trust deed, or bond indenture whether this Lease is dated or recorded before or after said mortgage or trust deed. (b) Lessee shall, upon not less than ten (10) days prior written request by the City, execute, acknowledge and deliver to the City a written statement certifying that this Lease is unmodified and in full force and effect, or that there have been modifications and this Lease is in full force and effect as modified, and stating the modifications, and the dates to which the rent and other charges have been paid in advance, if any. The intent is that the statement provided pursuant to this subsection, may be relied upon by any prospective purchaser, mortgagee or assignee of any mortgagee of the Property. (c) The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not cause a merger and shall, at the City's option, terminate all or any existing subleases or subtenancies consented to pursuant to this section, or may, at the City's option, operate as an assignment to the City of any or all such subleases or subtenancies. «-(-It{ cf)£ 11 (/!(l¿ 24. GENERAL PROVISIONS (a) Notices. Any notices to be given by either party under the terms of this Lease shall be made in writing and may be delivered either personally or by certified or registered mail with postage prepaid, addressed as follows: TO LESSEE: The Blue Pheasant Restaurant clo Lona Means 22100 Stevens Creek Blvd. Cupertino, CA 95014 TO THE CITY: Director of Parks and Recreation City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (b) Entire Agreement. This document comprises the entire and integrated agreement of the parties concerning the lease of the Property and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this document shall be effective only if in writing and signed by the City and Lessee. (c) Attorneys' Fees. If legal action is commenced to enforce or to declare the effect of any provision of this Lease, the prevailing party shall be awarded attorneys' fees and costs incurred by such party in the action. (d) Severability. If any term, provision, covenant or condition of this Lease is held by a court to be invalid, void or unenforceable, the rest of this Lease shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (e) Time. Time is of the essence of this Lease. (f) Waiver. The failure of the City to exercise any right under this Lease shall not constitute a waiver of such right. Additionally, the subsequent acceptance of rent by the City shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted, regardless of the City's knowledge of such preceding breach at the time of acceptance of such rent. (g) Remedies Cumulative. The remedies provided herein shall be cumulative, therefore, the exercise of anyone remedy shall not be to the exclusion of any other remedy. 9)j I c/- (5" 1? èlfí.¿ (h) Binding on Heirs; Joint and Several Liability. The covenants and conditions provided herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto; and the parties hereto shall be jointly and severally liable hereunder. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on , 2004. THE CITY: Date: LESSEE: The Blue Pheasant Restaurant By: DAVID KNAPP, City Manager By:æf~~~ [ PETER RASMUSSEN' President Date: 3 - z.s,- <9 It' ATTESTED BY: Date: City Clerk By~Âœ~~ BIRTHE LISA RASMUSSEN* Date U:éæ~~ 3f~~ y Approved as to Form: Date: Charles T. Kilian, City Attorney Attachment: Exhibit A - List of Fixtures *NOTARY ACKNOWLEDGEMENT REQUIRED H:\DOCS\City\Blue Pheasant lease corp lessee.doc 1~ {L(-Ib EXHIBIT A CITY'S FIXTURES LIST ATTACHED HERETO AND INCORPRATED INTO REAL PROPERTY BEING LEASED Front and Back Bar Built-in Waitress Station in banquet room Swampt Cooler on roof Air Conditioning Unit Furnaces Built-in Speakers Water Heaters Light Fixtures Safe Refrigerated Waitress Station in front of kitchen Hood and Ventilation System (including automatic fire extinguishing system) Steam Table and Built-in Freezer in downstairs banquet room kitchen Walk-in Box with Compressor rp/ (tV¿ 14 I L{ -I Î CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of , )0 11 r(1~ C 1 OJ.£J } ss personally appeared Ole. {J.j1ác, L /)aVl<::" N,m, ood HI, of Offi"c I'g. 'J", Doo. Nol,,>, Pcb!;,} P eft/" P. [¡ S /'Vt.M. S S" ~ N,m",} of Sigo",,} On j-j5--Q4 D", , before me, D personally known to me ¡x( proved to me on the basis of satisfactory revidence ~._.,. LINDA L. DAVIS 13':6:' COMM. # 1282586 i :'f>' NOTARY PUBLIC. CALIFORNIA ~ ~ ~ ~_~!T:_~~~TC~~N_':;^. "( ~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PI", Not',>, S"I Ab", WITNESS my hand and official seal. (~)/V1d~!~ /\1~ Slgo"", No,",>, Pcb!;, OPTIONAL Though Ihe informalion below is nol required by law, il may prove valuable 10 persons relying on the documenl and could prevent fraudulent removal and reaffachment of this form to anolher document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 LImited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Top of Ihemb hem Signer Is Representing: @ 1997 N"ice,' No,",>, A"o,i,tice . 9350 D, Solo A", . PO. B" 2402 . Ch,l,worth. CA 91313-2402 Pmd. No 5907 -'" R"cd" C", ToII-F", 1-800-876-6827 [L(-{S CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ------- State of California County of .)rill tn flru C/ } ss. personally appeared Ô Ifthl' / (I n{"t(l L DCu),5 N,me eod Title of omo" (e.g., 'Jeoe Do<, Not", Poblio") Lc ~11 (~(l ç mil ~ S~I- N,me(,) of Sigoee('1 On j 'd5, 04 Dete , before me, 0 personaliy known to me )§ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. PI,œ Nota" 5", Aoo" WITNESS m. y hand ,and official. jeal. '"} ,," ---j r-I 1M clo / -... I (]iY- 5ig","" of Not", Poblio OPT/ONAL Though the information below is not required by law, it may prove vatuabte to persons relying on the document and coutd prevent fraudulent removal and reaffachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Top of thumb heee Signer Is Representing: @ 1997 N,lio,,' Not'" A""ietio" . 9350 De Soto A" , PO. B" 2402 . Ch,"worth, CA 91313-2402 Pmd No. 5907 Roocd" C", Toll-Fe.. 1-BOO-a76-6827 (c..( -(1 GUARANTY AGREEMENT This guaranty is given by OLE PETER RASMUSSEN and BIRTHE LISA RASMUSSEN ("Guarantors") to CITY OF CUPERTINO ("Obligee") to induce Obligee to enter into a lease with The Blue Pheasant Restaurant, a California Corporation date 3- 25'- 0 +' ,2004, for the lease of property located at 22100 Stevens Creek Boulevard, City of Cupertino, State of California. 1. Obligation Guaranteed. For valuable consideration, the undersigned Guarantors jointly and severally unconditionally guarantee to Obligee the following obligations of Obligor: Performance of all terms, provisions, and conditions of said lease above-described and any extension thereof, including the payment of any and all indebtedness of Obligor to Obligee. The word "indebtedness" is used in its most comprehensive sense and includes any and all rent, debts, obligations and liabilities of Obligor, whenever made, incurred, or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Obligor may be liable individually or jointly with others, or whether recovery may be or become barred by any statute of limitations or otherwise become unenforceable. 2. Insolvency or Bankruptcy. Guarantors jointly and severally unconditionally guarantee the performance of all terms, provisions, and conditions of said lease and any and all indebtedness of Obligor to Obligee, whether or not due or payable by Obligor, on (a) the dissolution, insolvency, or business failure of, or any assignment for the benefit of creditors by, or commencement of any bankruptcy, reorganization, arrangement, moratorium, or other debtor relief proceedings by or against, Obligor or Guarantors, or (b) the appointment of a receiver for, or the attachment, restraint of, or making or levying of any court order or legal process affecting, the property of Obligor or Guarantors, and jointly and severally unconditionally promise to pay this indebtedness to Obligee or order, on demand, in lawful money of the United States. 3. Extent of Liability. The liability of Guarantors under this agreement is exclusive and independent of any security for or other guarantee of the indebtedness of Obligor, whether executed by Guarantors or any other party, and the liability of Guarantors under this Agreement is not affected or impaired by any of the following: a) Any indebtedness exceeding Guarantors' liability; b) Any direction of application by Obligor or any other party; c) Any other continuing or other guaranty, undertaking, or maximum liability of Guarantors or of any other party as to the indebtedness of Obligor; d) Any payment on or in reduction of any other guaranty or undertaking; e) Any dissolution, termination, or increase, decrease, or changes of personnel of any of the Guarantors: or f) Any payment made to the Obligee on the indebtedness that Obligee repays to Obligor pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium, or other debtor relief proceeding. Guarantors waive any right to the deferral or modification of Guarantor's obligations by virtue of any such proceeding. 4. Joinder of Parties. The obligations of guarantors are joint and several, and independent of the obligations of Obligor. Obligee who may bring and prosecute a separate action or actions against Guarantors, whether it brings an action against Obligor or joins Obligor in any action or actions commenced. Guarantors waive, to the fullest r:J1# ~{t{ -~O extent permitted by law, the benefit of any statute of limitations affecting their liability under this agreement or the enforcement of this agreement. Any payment by Obligor or other circumstance that operates to toll any statute of limitations as to Obligor shall also operate to toll the statute of limitations as to Guarantors. Any Guarantor who is a married person agrees that recourse may be had against his or her separate property for his or her obligations under this agreement. 5. Change of Obligation. (a) Guarantors authorize Obligee, (whether or not after revocation or termination of this guaranty) without notice or demand (except any notice or demand that is required by statute and cannot be waived) and without affecting or impairing their liability, from time to time to do any of the following: (I) Renew, compromise, extend, accelerate, or otherwise change the time for performance of, or otherwise change the terms of the obligation: Take and hold security for the performance of this guaranty or the obligation guaranteed, and exchange, enforce, waive and release any security; Apply security and direct the order or manner of sale of security as Obligee in its discretion may determine; and Release or substitute anyone or more of the Guarantors. (2) (3) (4) (b) Obligee may without notice assign this guarantee in whole or in part. 6. Capacity and Authority. If Obligor is a corporation, partnership or other entity, Obligee need not inquire into or verify the powers of Obligor or the authority of those acting or purporting to act on behalf of Obligor, and this Guaranty shall be enforceable with respect to any indebtedness Obligee grants or extends to Obligor in reliance on the purported exercise of those powers or authority. 7. Subordination. Any indebtedness of Obligor now or later held by Guarantors is subordinated to the indebtedness of Obligor to Obligee, and all indebtedness of Obligor to Guarantors, if Obligee so requests, shall be collected, enforced, and received by Guarantors as trustees for Obligee and be paid over to Obligee on account of the indebtedness of Obligor to Obligee, without affecting or impairing in any manner the liability of Guarantors under the other provisions of this guaranty. 8. Waiver of Defenses. (a) Guarantors waive any right to require Obligee to (1) proceed against Obligorl (2) proceed against or exhaust any security held from Obligor: or (3) pursue any other remedy in Obligee's power whatsoever. (b) Guarantors waive any defense based on or arising out of any defense of Obligor other than payment in full of the indebtedness, including without limitation any defense based on or arising out of the disability of Obligor, the unenforceability of the indebtedness from any cause, or the cessation from any cause of the liability of Obligor other than payment in full of the indebtedness. (c) Obligee, at its election, may foreclose on any security held by Obligee by one or more judicial sales, whether or not every aspect of any sale is commercially reasonable, or exercise any other right or remedy Obligee may have against Obligor, or any security, without affecting or impairing in any way the liability of Guarantors under this agreement, except to the extent that the indebtedness has been paid. (d) Guarantor waives all rights and defenses arising out of an election of remedies by Obligee, even though that election of remedies, such as nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed Guarantor's rights of subrogation and reimbursement against the principal by operation of Code of Civil Procedure Section 580d or otherwise (e) Until all indebtedness of Obligor to Obligee is paid in full, even though that '"d,b"d","" i, i" """" of G"="'"Œ' ",bili" ""d" wi, 'g=m", ,"""""," ,b,lI æ Œc;r ~~-..l-l have no right of subrogation, shall waive any right to enforce any remedy that Obligee now has or may later have against Obligor, and shall waive any benefit of, and any right to, participation in any security now or later held by Obligor. Guarantors waive all presentments, demands for performance, notices of protest, notices of dishonor, notices of acceptances of this guaranty, and notices of the existence, creation, or incurring of new or additional indebtedness. (f) Guarantors assume all responsibility for keeping themselves informed of Obligor's financial condition and assets, and all other circumstances bearing on the risk of nonpayment of the indebtedness and the nature, scope and extent of the risks that Guarantors assume and incur under this agreement, and agree that Obligee shall have no duty to advise Guarantors of information known to it regarding those circumstances or risks. 9. Attorneys' Fees and Costs. In addition to the amounts guaranteed under this agreement, Guarantors jointly and severally agree to pay reasonable attorneys' fees and all other costs and expenses incurred by Obligee in enforcing this guaranty in any action or proceeding arising out of, or relating to, this guaranty. 10. Liens and Setoffs. In addition to all liens on, and rights of setoff against the money, securities or other property of Guarantors given to Obligee by law, Obligee shall have a lien on and a right of setoff against all money, securities and other property of Guarantors now or later in the possession of Obligee, whether held in a general or special account or for safekeeping or otherwise; and every lien and right of setoff may be exercised without demand on or notice to Guarantors. II. Nonwaiver of Rights of Obligee. No right or power of Obligee under this agreement shall be deemed to have been waived by any act or conduct on the part of Obligee, or by any neglect to exercise that right or power, or by any delay in so doing; and every right or power shall continue in full force and effect until specifically waived or released by an instrument in writing executed by Obligee. 12. Singular and Plural. In all cases when there is but a single Obligor or a single Guarantor, all words used in the plural shall be deemed to have been used in the singular if the context and construction so require: and when there is more than one Obligor, or when this guaranty is executed by more than one Guarantor, the word "Obligor" and the word "Guarantor" respectively shall mean all and anyone or more of them. 13. Effect on Heirs and Assigns. This guaranty and the liability and obligations of Guarantors under this agreement are binding on Guarantors and their respective heirs, executors, and assigns, and inure to the benefit of and are enforceable by Obligor and its successors, transferees, and assigns. 14. Notices. Any notice given by any party under this guaranty shall be personally delivered or sent by United States mail, postage prepaid, and addressed to Obligee or Guarantor at their respective addresses for notices indicated below. Guarantor and Obligee may change the place to which notices, requests, and other communications are to be sent to them by giving written notice of that change to the other. 15. Governing Law and Modification. This guaranty shall be deemed to be made under, and shall be governed by, the laws of the State of California in all respects, including matters of construction, validity, performance, and enforcement, and its terms and provisions may not be waived, altered, modified, or amended except in writing duly signed by an authorized officer of Obligee and by Guarantors. 16. Invalidity. If any provision of this guaranty contravenes or is held invalid under the laws of any jurisdiction, this guaranty shall be construed as though it did not contain that provision, and the rights and liabilities of the parties to this agreement shall be construed and enforced accordingly. 17. Headings. Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions. ø (lŒ ( '-( - .:u.- 18. Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have executed this Guaranty on S- 2 ~t- ¡<) "f ,2004. ~~~RS a~ 0 e Peter Rasmussen (l':;Æ Ýi1òcrp~~~ Birthe Lisa Rasmussen Address for Notices to Guarantor: Ole Peter Rasmussen and Birthe Lisa Rasmussen 22100 Stevens Creek Boulevard Cupertino, CA 95014 OBLIGOR The Blue Pheasant Restaurant By: Ole Peter Rasmussen, President Address for Notices to Obligor: Ole Peter Rasmussen and Birthe Lisa Rasmussen 22100 Stevens Creek Boulevard Cupertino, CA 95014 OBLIGEE The City of Cupertino By: David Knapp, City Manager Address for Notices to Obligee: Cupertino City Hall Attn: [L(-;l3 f¡ 10300 Torre Avenue Cupertino, CA 95014-3255 Attest: City Clerk S/L(-2L! CITY OF CUPEIQ1NO P~rks ~nrl Rf'.C'.rf'.~tion nf'.p~rtmf'.nt STAFF REPORT Agenda Item Number I Š Agenda Date: April 5, 2004 SUBJECT: Consider a policy waiving fees for use of City facilities for community groups raising funds for the library furniture, fixtures, and equipment fund. BACKGROUND: This issue arose because a group of citizens asked to use the Quinlan Community Center's Cupertino Room for a library fundraiser. The group was not incorporated as a nonprofit. Their rental cost for the fundraiser would have been $230Ihour (weekend rate) or $1401hour Monday through Thursday. The group objected to the cost given the proceeds of the event were earmarked for the library project. Pursuant to Council direction given with adoption of the fiscal year 2003/04 budget, staff has denied all fee waivers for rental of City facilities. Staff is asking that the Council consider a policy that would allow use of the facilities without rental fee for library fundraisers, rather than bringing each individual request forward. The event sponsor would be required to pay for any staff costs involved in use of the facility; however, the facility itself would be provided free of charge. RECOMMENDATION: Consider amending the current policy on fee waivers to allow rent-free use of City facilities for library fundraisers. The event sponsors would still be required to pay staffing costs. Respectfully submitted: '.ðì.Ltrv~ Therese Ambrosi Smith, Director Parks and Recreation Department JbL David W. Knapp, City Manager .\"'k""d'tt"'t.".dm,"~,,w.;'m\];b"cyfimd"""'040504"', Ponted on Recycled Pape; 15'-1 I F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I~ AGENDA DATE April 5. 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04 - ;L "J 3 in support of a statewide ballot initiative to require voter approval before State Government may take local tax funds. BACKGROUND For more than a decade the California State legislature has been taking away increasing amounts of local tax dollars that local governments--cities, counties, and special districts-use to provide essential services such as public safety, emergency and public health care, roads, parks, libraries and other services vital to the California communities served by local governments. In fact, through good times and bad, the State has been taking away billions of local tax dollars each year, forcing local governments to either raise taxes or fees to maintain services, which under current rules (Proposition 218) is very difficult if not impossible to do, or the more likely alternative to cut back or even eliminate critically needed services. In the current budget year the City of Cupertino has lost over $ I Million in revenue as a result of state actions to balance its budget on the backs of local governments. The Local Taxpayers and Public Safety Protection Act ("LTPSP Act") The LTPSP Act is an initiative (known as the LOCAL initiative) sponsored by the League of California Cities (LCC), the California State Association of Counties (CSAC) and the California Special Districts Association (CSDA). Planned for the November 2004 statewide ballot, the measure is intended to increase local control over local tax dollars, so that funding for critical local services more dependable and predictable. The initiative would require a majority state-wide vote of the people before the state government would be allowed to take and use local government funds. It also strengthens existing law that says when the state mandates a program, service or added cost to local governments the state must reimburse the local governments in a timely manner for the cost of providing that program of service. Pdnted on Recycled Pape' Ib-I The LCC has requested that cities offer their formal support for the LTPSP Act by adopting a resolution of support and encouraging all City residents to become well informed on the initiative and its possible impacts on the critical services upon which they rely. Staff has prepared a resolution based on a sample provided by the LCC and is recommending that the Council adopt the resolution and request that the staff forward the adopted resolution to the Executive Director of the LCC. A list of all cities and organizations that have thus far adopted positions of support for the initiative is attached for the Council's information. STAFF RECOMMENDATION Adoption of Resolution No. 04 - 2&) 3 supporting a statewide ballot initiative to require voter approval before State Government may take local tax funds. Submitted by: Approved for submission: ~""tf Director of Public Works j1)L David W. Knapp City Manager I~-;L CITIES THAT HAVE PASSED RESOLUTIONS SUPPORTING THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT Adelanto Agoura Hills Alameda Albany Alhambra Alturas American Canyon Anderson Antioch Apple Valley Arcadia Arcata Arroyo Grande Atherton Atwater Auburn Bakersfield Banning Barstow Bellflower Belmont Belvedere Big Bear Lake Biggs Bishop Blythe Brawley Brea Brentwood Buellton California City Calistoga Camarillo Capitola Carlsbad Carson Cathedral City Chico Chino Chino Hills Chowchill Claremont Clayton Clearlake Clovis Coalinga Colfax Colton Colusa Concord Coronado Coming Corte Madera Cotati Covina Culver City Daly City Danville Davis Delano Del Mar Diamond Bar Dixon Dorris Dublin Dunsmuir EI Cajon EI Cerrito EI Monte EI Segundo Elk Grove Emeryville Encinitas Escalon Escondido Etna Eureka Fairfield Farmersville Ferndale Fillmore Fontana Fountain Valley Foster City Fort Bragg Fort Jones Fortuna Fowler Fremont Fresno Fullerton Galt Gardena Gilroy Goleta Grass Valley Hawthorne Hayward Hercules Hermosa Beach Hillsborough Holtville Huntington Beach Huntington Park Imperial Beach Indio Industry Irwindale Jackson Kingsburg La Canada Flintridge Lafayette La Habra La Palma La Quinta La Verne Laguna Hills Laguna Palms Laguna Woods Lake Elsinore Lake Forest Lakeport Lancaster Larkspur Lathrop Lawndale Lemon Grove Lemoore Lincoln Live Oak Livingston Ladi Loma Linda Lomita Lompoc Loomis Los Alamitos Los Altos Hills Los Gatos Manhattan Beach Marina Martinez Marysville Maywood Merced Mill Valley Millbrae Milpitas Mission Viejo Monrovia Monterey Monterey Park Moreno Valley Morgan Hill Morro Bay Mt. Shasta Murrieta Napa National City Nevada City Norwalk Novato Oakley Ojai Ontario Orland Pacifica Paim Desert Palos Verdes Estates Paradise Paramount Pasadena Petaluma Pico Rivera Piedmont Pinole Pittsburg Pleasanton Point Arena Pomona Porterville Portola Poway Rancho Cordova Rancho Cucamonga Rancho Mirage Rancho Palos Verdes Rancho Santa Margarita Red Bluff Redding Redlands Redondo Beach Ridgecrest Rio Dell Ripon {~ -3 Riverside Rocklin Rohnert Park Rolling Hills Estates Rosemead Roseville Salinas San Anselmo San Bruno San Clemente San Dimas Sanger San Bernardino San Juan Bautista San Leandro San Luis Obispo San Marcos San Mateo San Pablo San Rafael San Ramon Sand City Santa Ana Santa Barbara Santa Clara Santa Clarita Santa Fe Springs Santa Margarita Santa Maria Santa Paula Santa Rosa Santee Saratoga Sausalito Scotts Valley Sebastopol Selma Shasta Lake Sierra Madre Solana Beach Solvang South Lake Tahoe South San Francisco St. Helena Sunnyvale Susanville Tehachapi Tehama Temecula Thousand Oaks Torrance Tiburon Tracy Truckee Tulare Turlock Twentynine Palms Union City Vacaville Visalia Vista OrGanizations/AGencies and Others with ResGlutiGns in Suooort: Economic Development Corp of Southwest California Association of Professional Employees (CAPE) CRA (Calif Redevelop. Assoc) Marina Coast Water District Riverside County San Mateo County Association of Realtors Santa Cruz County South Bay Cities COG Yuba County Cities and Other OrGanizations/AGencies in Suooort of Ballot Measure Without Resolutions: ABAG (Association of Bay Area Governments) City of Berkeley CAPE (California Association of Professional Employees) Contra Costa Mayo~s Conference City of Highland SAMCAR (San Mateo County Association of Realtors) SEIU, Local 1292 Walnut Creek Wasco Watsonville Weed West Covina West Hollywood West Sacramento Whittier Williams Willits Willows Windsor Winters Woodlake Yountville Yreka Yuba City Yucca Valley fh-L( RESOLUTION NO. 04-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE ST ATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS WHEREAS, state government annually seizes more than $5.2 billion local property tax funds (ERAF) statewide, costing local governments more than $40 billion in lost revenues over the past 12 years, including more than $800 million annually for cities, or $6.9 billion over the past 12 years, thereby seriously reducing resources available for local public safety and other services; and WHEREAS, this drain oflocal resources has continued even during periods when the state's budget has been overflowing with surpluses as well as during difficult economic times; and WHEREAS, the Governor's budget proposal for FY 2004-05 would increase the amount of the ERAF property tax shift by $1.3 billion on a permanent basis, an increase of approximately 25 percent over the current ERAF shift; and WHEREAS, the current state budget appropriates local vehicle license fee backfill and redevelopment property tax funds that are needed to fmance critical city services such as public safety, parks, street maintenance, housing and economic development; and WHEREAS, the adopted FY 2003-04 state budget assumes an ongoing structural budget deficit of at least $8 billion, and the Legislative Analyst estimates that full implementation of the Governor's proposed budget for FY 2004-05, including passage by the voters of his $15 billion deficit financing bond, would result in an ongoing structural deficit of $7 billion, continuing to put city resources and services at risk in future years to additional state revenue raids; and WHEREAS, the General Assembly of Voting Delegates of the League of California Cities at its September 10, 2003, meeting voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that the City Council hereby expresses its strong support for the Local Taxpayers and Public Safety Protection Act, also known as the LOCAL Initiative, a statewide ballot initiative to allow voters to decide whether local tax funds may be taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities; and RESOLVED FURTHER, that the residents of the City are encouraged to become well informed on the initiative and its possible impacts on the critical local services on which they rely; and {~ -S RESOLVED FURTHER, that the City Manager is hereby directed to send a copy to the Executive Director of the League of California Cities. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April, 2004, by the following vote: Vote Members Qfthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (~-t City Hall 10300 Torre Avenue Cupertino. CA 95014-3255 Telephone: (40S) 777-3220 Fax: (408) 777-3366 F CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. J'1 Meeting Date: April 5, 2004 SUBJECT AND ISSUE Accept the 2002-03 Management Letter from City Auditors, Maze and Associates. BACKGROUND Each year in conjunction with the annual audit, Maze and Associates provides the Audit Committee with a report (management letter) documenting suggestions for internal controls and procedures within the City. The report is attached for your consideration and addresses the following areas: ~ GASB34 will require recording of fixed assets and infrastructure on an on-going basis. Both the Finance and Public Works departments need to work together to ensure the timely capturing of this data. ~ The Senior Center should increase their cash controls given the volume of cash transactions and the number of staff/volunteers currently accepting money. The Finance and Senior Center managers will implement additional cash handling procedures to ensure adequate control over funds. The above recommendations were reviewed with the Audit Committee at their February 18 meeting. It was noted that no material weaknesses were found during the audit. RECOMMENDATION: Accept the 2002-03 Management Letter. Submitted by: Approved for submission: ~a~ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager Printed on Recycled Paper {Î-/ CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL FOR THE YEAR ENDED JUNE 30, 2003 { 7~.:L January 22, 2004 Honorable Mayor and Members of the City Council of the City of Cupertino, California Under generally accepted auditing standards in the United States of America, auditors are encouraged to report various matters concerning an entity's internal control structure noted during an audit, and are required to report certain of those matters. Matters that are required to be reported are significant deficiencies in the design or the operation of the internal control structure that, in the auditor's judgment, could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. As part of our audit of the financial statements of the City of Cupertino for the year ended June 30, 2003, we considered the City's internal control structure in determining the scope of our audit procedures for the purpose of rendering an opinion on the financial statements. While our purpose was not to provide assurances on the internal control structure, certain matters came to our attention that we want to report to you. These matters, along with our recommendations, are described in the accompanying memorandum. A material weakness is a significant deficiency in which the design or operations of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses as defined above. However, none of the deficiencies described in the accompanying memorandum is believed to be a material weakness. The accompanying memorandum on internal control structure is intended solely for the use of management. This restriction is not intended to limit the distribution of this letter and the accompanying memorandum which, upon acceptance by the City Council, are a matter of public record. To the extent that the City Council intends to rely upon this letter and the accompanying memorandum, such reliance should take in account the limited basis on which our recommendations wère developed, as described above, and the limitations inherent in the internal control structure. In addition, the City Council should understand that the criteria used by us in considering the intemal control structure could differ significantly from the criteria the City Council may be using for its purpose. We wish to express our appreciation for the courtesies and cooperation extended to our representatives during the course of their work. We would be pleased to discuss these recommendations in greater detail or otherwise assist in their implementation. Very truly yours, f7- 3 CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL FOR THE YEAR ENDED JUNE 30, 2003 GASB 34 IMPLEMENTATION This was the first fiscal year the City presented its financial statements in conformity with new standards referred to as GASB Statement #34 Basic Financial Statements--and Manaf!ement's Discussion and Analvsis-for State and Local Governments Under these new standards, as amended by additional GASB statements, the City was required to present significant amounts of additional data and analysis not presented in prior years. Additional resources were marshaled to assemble the data and prepare the requisite schedules and entries to conform to the new rules. We are pleased to report that staff was well prepared for their first GASB 34 report and completed the assembly and analysis of data in a thorough manner. However, GASB 34 requirements are extensive and will continue for each future close of the books and audit. We have several comments listed below regarding continuing efforts, which will be needed to maintain data for future GASB 34 reports. Capital Assets - Because of the expansion in the financial reporting for capital assets it will be necessary for City staff to continue to thoroughly review, update and maintain capital asset detail and transactions on a continuing basis. Areas where strong emphasis will need to be maintained include: Recording contributed assets in the period the City accepts responsibility. Under GASB 34, the City is required to record and depreciate capital assets it is responsible for maintaining. This is an expansion of prior rules, and requires additional work to ensure these assets are captured on a timely basis. Developers often construct and contribute water, sewer, streetlights, streets curb and gutters and other infrastructure, and transportation agencies may fund and contribute street and roadway improvements. This will require staff to look outside the Finance Department. Procedures should include reviewing council minutes for acceptance of capital assets and infrastructure improvements contributed from others and discussions with program staff to determine whether contributions of assets have occurred. Parcel ownership. We recommend that the City perform a regular search for City owned parcels to ensure all parcels have been accounted for and are properly recorded. Compensated Absences - GASB 34 requirements changed the measurement of the current portion of compensated absences recorded in govemmental funds to limit it to permanently liquidated amounts related to expected retirements and terminations in the subsequent fiscal year. Staff will need to continue this new measurement method for future closes. City Management's Response: The City has put into place procedures for ensuring that all parcels and infrastructure acquired through purchase, annexation or contributions are recorded in the appropriate capital asset data bases. Staff intends to retain the new measurement method in accounting for compensated absences. (7 ~y CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL FOR THE YEAR ENDED JUNE 30, 2003 Senior Center Cash Collection The Senior Center processes about $300,000 in revenues annually and also sells BART/bus tickets. Staff at the Center uses two cash drawers, and up to 6 different employees or volunteers process transactions throughout the day. The Senior Center has a point-of-sale system used to process most transactions. Tickets are sold for cash only, which is kept in one of the drawers separate from the other Senior Center cash receipts that are retained in a different drawer. Ticket sales are processed 2 to 3 times per month depending on the number of tickets sold detennined by the Senior Office Assistant or Office Assistant. Weaknesses we noted include: Cash drawers are kept unlocked throughout the day. Customers are not given a receipt for BART/Bus ticket transactions. With so many volunteers, it is important to limit access to the cash drawers, which should be kept locked unless a transaction is being processed. BARTlBus Ticket transactions should be documented by use of receipt. The City may be able to use its system to automatically produce the receipt. City Management's Response: Senior Center Management plan to review and update all cash-handling procedures, including the locking of cash drawer and issuing receipts for BART/Bus ticket transactions, prior to the next volunteer training in April 2004. 17-S- F CUPEIQ1NO City Hall 10300 TaITe Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. /8 SUBJECT AND ISSUE Meeting Date: April 5, 2004 Accept report from Maze and Associates which was performed to test compliance with City guidelines used in the approval of housing units to BMR program participants by our subcontractor Cupertino Community Services (CCS). BACKGROUND The Cupertino Housing Commission reviewed two complaints regarding CCS's administration of the BMR program. The commission recommended the following: 1. All complaints regarding CCS's administration of the BMR program be forwarded to the appropriate staff person in the Community Development Department. The Community Development Department will immediately contact CCS to resolve the complaint. After the complaint has been addressed by CCS and City staff, the complaint will be heard by the Cupertino Housing Commission. If the complainant has revealed their identity, they will be invited to attend the meeting along with CCS staff. 2. 3. The Housing Commission will then forward information to the City Council regarding the background of the complaint and the resolution. 4. Contract with Maze and Associates to test compliance with City guidelines and address any managerial concerns the City has with CCS. The Audit Committee agreed with this recommendation. Maze and Associates have completed their work and the report is attached for your review. They selected 25 applications for the fiscaJ year 2002/03 and tested compliance with BMR application qualifications. This test work included status verification, priority points and income levels. Nothing came to their attention that suggested that CCS was not in compliance with City guidelines. In addition, all documentation by CCS staff was in order. RECOMMENDATION: Accept the report from Maze and Associates. Submitted by: Approved for submission: 1bL ~{j.~ Carol A. Atwood Director of Administrative Services David W. Knapp City Manager Printed on Recycled Paper ¡r-{ AGREED UPON PROCEDURES FOR THE CITY OF CUPERTINO BELOW MARKET RATE PROCEDURES FOR THE PERIOD AUGUST 7, 2002 TO MAY 8, 2003 /3-2- AA AlE & I r I' ASSOCIA TES -~ ~ -- ~-~~--~--~-~--- - ~----- -- ~- --~ ~ ~ ~ - - - u. ~ ---~-~------------- -~------ ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902. FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Websile: www.mazeassociates.com INDEPENDENT ACCOUNTANT'S REPORT City Council of the City of Cupertino, California We have performed the procedures below, which were agreed upon by you, solely to assist you with respect to determining compliance with Section 2.04 of the City of Cupertino 2002 Housing Mitigation Procedural Manual (Amended by City Council, November 18, 2002, Resolution No. 02-208). This engagement was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely your responsibility as the specified users of this report. Consequently, we make no representation regarding the sufficiency of the procedures described below for the purpose for which this report has been requested or for any other purpose. We were not engaged to and did not perform an audit in accordance with generally accepted auditing standards, the objective of which would be the expression of an opinion on the specified elements, accounts, or items in this report. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for your information and use and is not intended to be used by anyone other than the specified users ofthe report~ The procedures you requested us to perform and our findings were as follows: B. We obtained the City of Cupertino 2002 Housing Mitigation Procedural Manual (Amended by City Council, November 18, 2002, Resolution No. 02-208), via the Internet (www.cupertino.orgldownloads/pdf/_housingmitigation.pdf) and reviewed section 2.04 Application Qualifications for compliance requirements. We contacted Erica Headley, Program Director of Housing Services of the Cupertino Community Services, Inc. (CCS), to obtain an understanding of the Below Market Rate (BMR) Rental Program application and qualification process performed by CCS. We also obtained a copy of an in-house Below Market Rate Housing Program summary used by CCS. A C. We obtained the BMR Applications FY 2002/2003 Detail Listing of applicants from the CCS Program Director of Housing Services, for the period from August 7, 2002 to May 8, 2003. The detail included 63 applicants and listed data such as last name, date received, priority, status of application, and income level. A Professional Corporation [~-3 D. We obtained a box . containing BMR application files from the CCS Program Director of Housing Services. E. We judgmentally selected 20 applicants from the BMR Applications FY 2002/2003 Detail Listing and tested them for compliance with Section 2.04, Applicant Qualifications of the Housing Mitigation Procedural Manual. F. We judgmentally selected 5 application files from the box and traced them to the BMR Application FY 2002/2003 Detail Listing to verify the detail was complete. For both set of samples, we verified the ,status, priority points and income level of each selected applicant by tracing them to supporting documentation within each applicant's file. Supporting documentation included picture identification, social security cards, utility bills, payroll stubs, W-2 forms, IRS form 1040s, bank statements and written logs prepared by CCS staff documenting actions taken. G. H. The sampled applicants had the following characteristics: Six applicants were removed by CCS staff due to non-response from the applicant. Removal was documented by CCS staff on a written log contained in each file. Three applicants removed themselves from the BMR rental program. One applicant removed themselves from the program due to the BMR rental rates being too high and two applicants removed themselves due to a lack of participating apartments in the desired school district. Removals were documented by CCS staff on a written log contained in each file. One applicant moved out of the area. This was documented by CCS staff on a written log contained in the file. Five applicants were denied participation in the program since the applicants' income levels fell below the minimum income level specified by the CCS BMR Housing Program. This minimum income level is equal to twice the BMR rental rate. We noted that this requirement may be waived by the management of the apartment complex. We noted no such waiver in the files for these applicants. Five applicants were currently participating in the program. CCS staff indicated one applicant's re-qualification was pending new HUD guidelines for minimum income levels. Traced to re-qualification support prepared by CCS staff. Status was documented by CCS staff on a written log contained in each file. Five applicants were approved for participation in the program but were waiting for units to become available. CCS staff indicated one applicant's re-qualification was pending new HUD guidelines for minimum income levels. Status was documented by CCS staff on a written log contained in each file. * * * **.. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * We would be pleased to discuss these matters further with you at your convenience. Yours very truly, cy\\~~~ March 9, 2004 It-V City Ha11 10300 Torre A venue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. /1 Meeting Date: April 5, 2004 SUBJECT AND ISSUE Accept the 2002-03 Single Audit Report from City Auditors, Maze and Associates. BACKGROUND Each year in conjunction with the annual audit, Maze and Associates provides the City with a Single Audit Report. The report covers compliance with Federal grant procedures and addresses the following areas: ;.. Summary of findings and questioned costs. ;.. Schedule of expenditures of Federal awards. ;.. Notes to schedule of expenditures of Federal awards. ;.. Report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards. ;.. Report on compliance and internal control over compliance applicable to each major Federal award program. We are pleased to report that the City received an unqualified report and that no reportable conditions, material weaknesses on instances of non-compliance material to the basic financial statements were noted. RECOMMENDATION: Accept the 2002-03 Single Audit Report. Submitted by: Approved for submission: ~¿J.~. Carol A. Atwood Director of Administrative Services cW illi~ David W. Knapp City Manager Pdnted on Recycled Pape, /9-1 CITY OF CUPERTINO SINGLE AUDIT REPORT YEAR ENDED JUNE 30, 2003 [ 1- J- CITY OF CUPERTINO SINGLE AUDIT REPORT YEAR ENDED JUNE 30, 2003 TABLE OF CONTENTS ~ Summary of Findings and Questioned Costs... .1 Schedule of Expenditures of Federal Awards......... ...................3 Notes to Schedule of Expenditures of Federal Awards ..... ..4 Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ............. ..5 Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Award Program .................................. .......................................................................... 6 (1-3 AA AlE & . wI' ASSOCIA rES ~~-- ~- ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902. FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Website: www.mazeassociates.com SUMMARY OF FINDINGS AND QUESTIONED COSTS Honorable Mayor and Members of the City Council ofthe City of Cupertino, California We have audited the basic financial statements of the City of Cupertino, California, for the year ended June 30, 2003 and have issued our unqualified report thereon dated January 22, 2004. These basic financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States and the Office of Management and Budget Circular A-133, Audits of States, Locai Governments and Non profit Organizations. We performed a Single Audit as requested by the City to comply with the provisions of the Single Audit Act Amendments of 1996 and OMB A-133 and are required to present the following summary: SCHEDULE OF FINDINGS AND QUESTIONED COSTS A udit of Basic financial statements Our audit did not disclose any reportable cnnrliti¡ms, or material weaknesses or instances of noncompliance material to the basic financial statements. However we did communicate matters to the City Council in our separate Memorandum on Internal Controls dated January 22, 2004. Audit of Major Programs Our audit disclosed no reportable conditions or_material weaknesses in internal controls over major programs. We have issued an ~nqualified opinion on compliance with the requirements applicable to major programs. I A Professional Corporation lc¡~tf SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Identification of Major Programs The u.S. Department of Transportation Highway Planning and Construètion Grant (CFDA # 20.205) was determined to be a major program. Dol/ar Threshold Used to Distinguish Between Type A and Type B Programs The threshold for Type A programs was $300,000. Organizational Risk Evaluation The City was assessed as a low risk auditee based on prior years reporting results, our overall knowledge of the City and other criteria specified by the Office of Management and Budget. FINDINGS RELATED TO FINANCIAL STATEMENTS There were no findings required to be reported under Generally Accepted Government Auditing Standards. FINDINGS AND QUESTIONED COSTS FOR FEDERAL AWARDS Our audit disclosed no findings or questioned costs required to be reported under OMB Circular A-133. March 1,2004 ~~~ 2 {1~S- CITY OF CUPERTINO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED JUNE 30, 2003 Program Name Catalog of Federal Domestic Assistance Program Number Expenditures $55,570 531,511 1,598,851 14.218 2,185,932 U.S. Department on Housing and Urban Development Community Development Block Grant expenditures Program income Loan program balance at beginning of year Total Community Development Block Grant U.S. Department of Transportation, Highway Planning and Construction Program (Passed through the Metropolitan Transportation Commission) 280/ Wolfe traffic safety improvement Adaptive traffic signal control system School traffic calming measure 280 / 85 ramp meter signal DeAnza advance traffic management Total Highway Planning and Construction Program 20.205 294,166 315,247 123,882 77,111 20,057 830,463 U.S. Department of Justice Local Law Enforcement Block Grant 16.592 39,579 u.S. Department of Health and Human Services (Passed through the Council on Ageing of Santa Clara County) Grants for Supportive Services and Senior Centers 93.044 19,745 TOTAL FEDERAL FINANCIAL AWARDS $3,075,719 See notes to Schedule of Expenditures of Federal Awards ( c¡-b NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL A WARDS Note 1 - Reporting Entity The Schedule of Expenditure of Federal A wards includes expenditures of federal awards for the City of Cupertino and the City's blended component unit, The Cupertino Public Facilities Corporation, which is controlled and dependent on the City. The Cupertino Public Facilities Corporation (the Corporation) was incorporated in May 1986, under the Nonprofit Public Benefit Corporation Law of the State of California. The corporation was organized as a nonprofit corporation for the purpose of assisting the City in the acquisition, construction, and financing of public improvements which are of public benefit to the City. The Corporation, after acquiring certain properties from the City leases these back to the City. The lease money provides the finds for the debt service for the Certificates of Participation issued by the Corporation to acquire the properties. The City council acts as the Board of Directors of Corporation. The Mayor and Vice Mayor of the City have been elected President and Vice President, respectively, of the Corporation. The City Clerk has been elected Secretary, and the City's Director of Administrative Services has been appointed Treasurer. Note 2 - Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements, regardless of the measurement focus applied. All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Expenditures of Federal Awards reported on the Schedule are recognized when incurred. An exception to this rule is expenditures of federal awards for loan programs. The City operates the Community Development Block Grant loan program under which it must insure participants maintain compliance with program requirements on an on going basis. OMB Circular A-133 section .205(b) requires that expenditures for the above program include the balance of loans outstanding plus cash received from the program. Note 3 - Direct and Pass-Through FederalAwards Federal awards may be granted directly to the City by the federal granting agency or may be granted to other government agencies which pass-through federal awards to the City. The Schedule includes both of these types Federal award programs. 4 {Cj-7 AA AlE & . r I' ASSOCIA rES -------~~- -~-- -~- ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902. FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Website: www.mazeassociates.com REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and City Council City of Cupertino, California We have audited the basic financial statements of City of Cupertino as of and for the year ended June 30, 2003, and have issued our report thereon dated January 22, 2004. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. Compliance As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considër to be material weaknesses. - -- This report is intended for the information of the City Council, management and federal awarding agencies and pass-through entities. However, this report is a matter of public record and its distribution is not limited. ~-zf ~ ~ March 1,2004 5 A Professional Corporation (1-/ AI AlE & . r I' ASSOCIA rES ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902. FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Website: www.mazeassociates.com REPORT ON COMPLIANCE AND INTERNAL CONTROL OVER COMPLIANCE APPLICABLE TO EACH MAJOR FEDERAL AWARD PROGRAM Honorable Mayor and City Council City of Cupertino, California Compliance We have audited the compliance of the City of Cupertino with the types of compliance requirements described in the OMB Circular A-I33 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 2003. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City's management. Our responsibility is to express an opinion on the City's compliance based on our audit. We conducted our audit of compliance in accordance with generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence. about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the City's compliance with those requirements.. In our opinion. the City of Cupertino complied in all material respects with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2003. Internal Control Over Compliance City management is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-I33. 6 A Professional Corporation [1-1 OUf consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. y:!e 11~0 matters involving the internal control over compliance and its operation that we consider to be material wea nesses. ~ Report on Schedule of Expenditures of Federal A wards We have audited the basic financial statements of City of Cupertino as of and for the year ended June 30, 2003, and have issued our report thereon dated January 22, 2004. Our audit was made for the purpose of fomling an opinion on the basic financial statements of the City of Cupertino taken as a whole. The accompanying Schedule of Expenditures of Federal A wards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. The information in that schedule has been subjected to the auditing procedures applied in the audit of the basic financial statements and in our opinion is fairly stated in all material respects in relation to the basic financial statements taken as a whole. This report is intended for the information of the City Council, management and federal awarding agencies and pass-through entities. However, this report is a matter of public record and its distribution is not limited. March],2004 CW\~ \.~ 7 ( 1-1 D I F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. .20 Meeting Date: April 5, 2004 SUBJECT AND ISSUE Review and Approve a Mid-Year Budget Adjustment for General Fund Public Service Grants and Other Grants. BACKGROUND As part of the mid-year budget adjustment, $100,000 was eliminated from the General Fund for public service grants. At the time, it was believed that additional money could be appropriated from the CDBG program, thus eliminating General Fund grants. The CDBG public service grants, however, were already authorized to the full 15 percent allocation. Although the City was able to fund many needs through our CDBG program public service grants (funding had increased from $35,973 to $71,100 with Cupertino becoming an entitlement city and CCS was granted construction funds for the Greenwood Court project), several providers did not receive their prior year expected funding level. It was felt that such agencies deserved more notice that funding would be reduced and/or eliminated. A budget adjustment of $16,575 is requested to provide for such funding at a reduced level, comparable to department cuts-to- date. Attachment A provides further detailed information. In addition, the City is expecting to receive approximately $11,600 in funding from the First Five Grant Program, to be used for children up to age five. A budget adjustment of $11,600 is requested to recognize this additional general fund revenue. RECOMMENDATION: Review and approve a mid-year budget adjustment for General Fund public service grants and the First Five grant receivable. Net fiscal affect to the General Fund is $4,975. Submitted by: Approved for submission: ~ DavId W. Knapp City Manager rþPa_~ Carol A. Atwood Director of Administrative Services P,inted on Recycled Pape, ;1.0-1 City of Cupertino Human Service Grants Proposed FY 03/04 Current Status Proposed **********FY 02103********* ** *****FY 03104********* ** *****FY 03104**-***** Recipient Gen Fund CDBG Total Gen Fund CDBG Total Gen Fund CDBG Total CCS 54,000 0 54,000 0 8,333 8,333 0 8,333 8,333 CCS Rotating Shelter 0 25,000 25,000 0 25,000 25,000 0 25,000 25,000 Live Oak/Sr Day Care Services 21,200 0 21,200 0 10,200 10,200 7,820 10,200 18,020 Long Term Care 4,900 0 4,900 0 0 0 4,165 0 4,165 Outreach 10,800 0 10,800 0 0 0 0 0 0 Second Harvest Food Bank 5,400 0 5,400 0 0 0 4,590 0 4,590 Senior Adults Legal Assistance 0 10,973 10,973 0 11,667 11,667 0 11,667 11,667 Social Advocates for Youth 0 0 0 0 10,000 10,000 0 10,000 10,000 Support Network for Battered Wom 5,900 0 5,900 0 5,900 5,900 0 5,900 5,900 Total 102,200 35,973 138,173 0 71,100 71,100 16,575 71,100 87,675 CDBG - Construction Grants 0 0 0 0 0 0 0 40,000 40,000 % funded CCS 89.51% CCS Rotating Shelter 100.00% Live Oak/Sr Day Care Services 85.00% Long Term Care 85.00% Outreach 0.00% Second Harvest Food Bank 85.00% Senior Adults Legal Assistance 106.32% Social Advocates for Youth new Support Network for Battered Women 100.00% ~ a ~ ~ fij' ::0- S '" g :> I CUPEIQ1NO City Hall 10300 Torre A venue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ;¿ I Meeting Date: April 5, 2004 SUBJECT AND ISSUE Approve the Agreement among Silicon Valley Animal Control Authority (SV ACA) and its member cities regarding purchase of the Thomas Road Property. BACKGROUND The City of Cupertino is a member of SV ACA until June 30, 2004. The entity is currently in the process of purchasing property on Thomas Road for its animal shelter. On March 4, the three remaining SV ACA city members (Santa Clara, Campbell, and Monte Sereno) met to discuss the manner in which SV ACA can proceed with the purchase of the Thomas Road property without impacting the current year's budget. The attached agreement establishes an arrangement to purchase the property which ensures that no contributions or funds from the withdrawing cities (Cupertino, Los Gatos and Saratoga) are encumbered or used in the property transaction. The withdrawing cities recognize their obligation under Section 8.1 of the Joint Powers Agreement not to affect the ability of SV ACA and the continuing cities desire to purchase the Thomas Road property in a manner that keeps faith with the understanding that the withdrawing cities will not be required to contribute funds toward the capital improvement expenditures for the animal shelter. In order to carry out these objectives SV ACA and its current member agencies would agree to proceed with the purchase of the property in accordance with the following: 1. The continuing cities will arrange among themselves to tender sufficient funding to SV ACA to cover the full purchase price of the property in the amount of $2,450,000, plus any amounts that may be needed to cover transactional costs of the property acquisition ("Payment"). The payment will be provided to SV ACA in a timely manner such that SV ACA can meet its financial obligations under the purchase agreement for the property. 2. SV ACA will place $100,000 of the payment from the continuing cities in its current operations reserve account to reimburse SV ACA for the $100,000 now on deposit in escrow for the property and previously paid out of SV ACA's operations reserve. SV ACA will place the balance of the payment from the continuing cities in a separate and segregated account for the purchase of the property. SV ACA will only use funding from this segregated account to cover any and all financial obligations related to and necessary for the acquisition of the property. Printed on Recycled Paper 021-1 3. SV ACA shall maintain a complete and accurate accounting of the funding received from the continuing cities pursuant to this agreement and the manner in which the funding in the segregated account for the property acquisition is expended. 4. Upon consummation of the property acquisition, SV ACA shall hold title to the property, as contemplated by the purchase agreement for the property. 5. The withdrawing cities, individually and as a group, hereby release, relinquish, discharge and forever disclaim any right, title, interest or entitlement of any kind in the property. Staff believes that this agreement benefits all of the parties by clarifying the financial responsibility of the continuing cities for the purchase of the Thomas Road property and releasing the withdrawing cities from any responsibility for or interest/entitlement in this property. Finally, the agreement ensures that the current year budget will not be impacted by the capital expenditures for purchase of the property. RECOMMENDA nON: Staff recommends that Council approve the Agreement Among SV ACA and it member cities regarding the purchase of the Thomas Road property. Submitted by: APãi ~"bmi",i""' David W. Knapp City Manager (ì ¡t j¡ -tJ--f. Ú,~ Carol A. Atwood Director of Administrative Services 21 - ;;L AGREEMENT AMONG SV ACA AND ITS MEMBER CITIES REGARDING PURCHASE OF THOMAS ROAD PROPERTY This Agreement is entered into among the Silicon Valley Animal Control Authority ("SV ACA") and its member Agencies, Santa Clara, Campbell, Cupertino, Los Gatos, Saratoga and Monte Sereno, on the dates hereafter indicated. WHEREAS, SV ACA and its current six Member Agency cities approved and executed the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority in October and November of2003 ("Joint Powers Agreement"); and WHEREAS, three Member Agencies, Cupertino, Los Gatos and Saratoga, have given notice to SV ACA oftheir intent to withdraw ITom SV ACA as of June 30, 2004 ("Withdrawing Cities"); and WHEREAS, three Member Agencies, Santa Clara, Campbell and Monte Sereno, have elected to remain in SV ACA and to carry out its mission, including the construction of an animal shelter ("Continuing Cities"); and WHEREAS, SV ACA's Operating Budget for FY 03-04 ("Budget") excluded capital expenditures related to the animal shelter as some Member Agencies were weighing their long- term participation in SV ACA when the Budget was developed; and WHEREAS, SV ACA is in contract to purchase 3370 Thomas Road ("Property") for its animal shelter but SV ACA does not have sufficient funds to cover said purchase based on the agreed upon contributions ITom Member Agencies to support the Budget; and WHEREAS, the Continuing Cities desire to establish an arrangement to purchase the Property which ensures that no contributions or funds ITom the Withdrawing Cities are encumbered or used in the Property transaction; and WHEREAS, the Withdrawing Cities recognize their obligation under Section 8.1 of the Joint Powers Agreement not to affect the ability ofSV ACA and the Continuing Cities to carry out and fulfill the purposes of SV ACA; and WHEREAS, in order to achieve these objectives, SV ACA and its current Member Agencies have agreed to proceed with the purchase of the Property in accordance with the terms and conditions set forth below. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. The Continuing Cities will arrange among themselves to tender sufficient funding to SV ACA to cover the full purchase price of the Property in the amount of$2,450,000, plus any amounts that may be needed to cover transactional costs ofthe Property acquisition ("Payment"). 1091781.1 J-I- 3 The Payment will be provided to SV ACA in a timely manner such that SV ACA can meet its fmanciaI obligations under the Purchase Agreement for the Property. 2. SV ACA will place $ I 00,000 of the Payment fÌom the Continuing Cities in its current operations reserve account to reimburse SV ACA for the $100,000 now on deposit in escrow for the Property and previously paid out ofSV ACA's operations reserve. SV ACA will place the balance ofthe Payment fÌom the Continuing Cities in a separate and segregated account for the purchase ofthe Property. SV ACA will only use funding fÌom this segregated account to cover any and all financial obligations related to and necessary for the acquisition of the Property. 3. SV ACA shall maintain a complete and accurate accounting of the funding received fÌom the Continuing Cities pursuant to this agreement and the manner in which the funding in the segregated account for the Property acquisition is expended. 4. Upon consummation of the Property acquisition, SV ACA shall hold title to the Property, as contemplated by the Purchase Agreement for the Property. 5. The Withdrawing Cities, individually and as a group, hereby release, relinquish, discharge and forever disclaim any right, title, interest or entitlement of any kind in the Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein. MEMBER AGENCIES APPROVED AS TO FORM: By: Its: Date: CITY OF CAMPBELL, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: 2 1091781.1 2/-L( APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: CITY OF CUPERTINO, a municipal corporation By: Its; Date: CITY OF MONTE SERENO, a municipal corporation By: Its; Date: CITY OF SANTA CLARA, a municipal corporation By: Its; Date: 3 1091781.1 .21~S- APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: CITY OF LOS GATOS, a municipal corporation By: Its; Date: CITY OF SARATOGA, a municipal corporation By: Its; Date: 4 1091781.1 2.1-~ City HaIl 10300 Torre Avenue Cupertino. CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 Public 1nfonnation Office ITV F CUPEIQ1NO SUMMARY Agenda Item 2.).. Date: April 5, 2004 Subject: Biennial Community Survey Background: Attached you will find the proposed questions for the 2004 Community Survey for Cupertino residents. This document represents the city's biennial effort to measure resident attitudes regarding city services and a variety of community issues. The city's first such survey was conducted six years ago, with the intention that similar surveys would regularly follow. These ensuing surveys have remained essentially the same, allowing longitudinal evaluation of community attitudes. Staff has worked closely with researchers so that survey questions represent a reliable standard by which to gauge subsequent improvements or deterioration in service satisfaction. Most questions in the attached survey are the same as those that were posed to residents two years ago. We have removed some questions regarding program participation, as other sources for this information are available. Questions regarding development and housing have not been changed in order to provide comparisons over time for the General Plan. Following approval of survey questions, fieldwork will begin. Recommendation: It is recommended that the City Council approve the attached survey questions and authorize the biennial community survey to proceed. ø -J!l: / Rick Kitson Public Information Officer Approved for submission: ~ City Manager Printed on Recycled Pape, .2)..-1 Godbe Research & Analysis April 2004 4.1jb Time Began- Time Ended- CITY OF CUPERTINO COMMUNITY SURVEY Hello, my name is and I'm calling on behalf of GRA, a public opinion research firm. We're conducting a survey concerning some important issues in your area and we'd like to get your opinions. It should just take a few minutes of your time. (IF NEEDED) This is a study about issues of importance in the City of Cupertino (COOPER-TEENO). It is a survey only and I am not selling anything. i. For statistical reasons, I would like to speak to the youngest male currently at home that is at least 18 years of age. (IF NO MALE AT LEAST 18 AVAILABLE, THEN ASK): Then I'd like to speak to the youngest female currently at home that is at least 18 years of age. (IF NO FEMALE AT LEAST 18 AVAILABLE, THEN ASK FOR CALLBACK TIME) ii. Before we begin, what is your zip code? (DO NOT READ LIST.) 95014 ----------------------------------------------------1 (CONTINUE) 95015 ---------------------------------------------------- 2 (CONTINUE) Other ----------------------------------------------------- 3 (TERM I NATE) DKlNA---------------------------------------------------- 4 (TERMINATE) iii. And are you a resident of the City of Cupertino (COOPER- TEENO)? Y es-c------------------------------------------------------ 1 (CO NTI N U E) No --------------------------------------------------------- 2 (TERMINATE) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 1. How many years have you lived in the City of Cupertino (COOPER- TEENO)? Less than one year ----------------------------------- 1 One to three years------------------------------------ 2 Four to nine years ------------------------------------ 3 Ten to fifteen years----------------------------------- 4 Sixteen to twenty-five years------------------------ 5 Twenty-six years or more--------------------------- 6 (DON'T READ) DKINA ----------------------------- 7 City of Cupertino Resident Satisfaction Su",ey April 2004 03/31/04 1:05 PM Godbe Research and Analysis Page' 2;1-.2. 2. What is the primary reason you choose to live in Cupertino (COOPER- TEENO)? (DO NOT READ LIST. ONE RESPONSE ONLY.) Affordable housing ----------------------------------- 1 Enjoy/like the City------------------------------------- 2 Friends/family here ----------------------------------- 3 Grew up here ------------------------------------------ 4 Job ------------------------------------------------------- 5 Quality of life ------------------------------------------- 6 Retirement -------------------------------------------m 7 Safety/low crime--------------------------------------- 8 School system ----------------------------------------- 9 Small town atmosphere --------------------------- 10 Other (Please specify: ) ---------- 11 (DON'T READ) DKINA --------------------------- 12 3. What are the two most important issues facing Cupertino (COOPER- TEENa)? (DO NOT READ LIST. RECORD TWO RESPONSES.) Affordable housing ----------------------------------- 1 Ed ucation ----------------------------------------------- 2 New library---------------------------------------------- 3 T rafflc --------------------------------------------------- 4 Race relations ---------------------------------------- 5 Protection of open space --------------------------- 6 T axes----------------------------------------------------- 7 City's economic health ------------------------------ 8 C ri m e ----------------------------------------------------- 9 Quality of life ----------------------------------------- 10 Neighborhood preservation ---------------------- 11 Preserving small town atmosphere ------------ 12 Teen programs -------------------------------------- 13 Controlling growth ---------------------------------- 14 Other 1 (Please specify: )-------- 15 Other 2 (Please specify: )-------- 16 (DON'T READ) DKINA --------------------------- 17 City of Cupertino Resident Satisfaction Survey Apr;! 2004 03/31/04 1:05 PM Godbe Research and Analysis Page 2 1-2 - J 4. Generally speaking, are you satisfied or dissatisfied with the job the City of Cupertino (COOPER-TEENO) is doing to provide City services? (GET ANSWER, THEN ASK:) Would that be very (satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)? Very satisfied------------------------------------------- 1 Somewhat satisfied ---------------------------------- 2 Somewhat dissatisfied------------------------------- 3 Very dissatisfied --------------------------------------- 4 (DON'T READ) DKINA ----------------------------- 5 ROTATE QUESTIONS 5 AND 6. Now, I'm going to read a list of services provided by the City of Cupertino (COOPER- TEENO): 5. For each of the following services, please tell me whether it is very important to you, somewhat important, not too important or not important at all. Here's the (firsUnext) one . Is this service very important, somewhat important, not too important or not important at all? RANDOMIZE (DON'T Very Swt. Not too Not READ) ~ ~ ~ ~ DKiNA ()A. Police Services --------------------------- 1 -------- 2 --------- 3--------- 4 -------- 5 ( )8. City Recreation Services --------------- 1 -------- 2 ---------3--------- 4 -------- 5 ( )C. Park and Picnic Area Availability-----1 -------- 2 ---------3--------- 4 -------- 5 ( )D. Quinlan (KWIN-Ian) Community Center Facilities ------------------------1 -------- 2 ---------3--------- 4 -------- 5 ()E. Garbage Collection ----------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )F. Recycling Program----------------------- 1 -------- 2 ---------3--------- 4 -------- 5 ( )G. Library Services---------------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )H. Street Pavement Maintenance -------1 -------- 2 ---------3--------- 4 -------- 5 ()I. Street Sweeping Services -------------1 -------- 2 ---------3--------- 4 -------- 5 ()J. Park and Picnic Area Maintenance--1 -------- 2 ---------3--------- 4 -------- 5 ( )K. Traffic Safety ------------------------------1 -------- 2 ---------3--------- 4 -------- 5 ()L. Street Tree Maintenance---------------1 -------- 2 ---------3--------- 4 -------- 5 ()M. Economic Development Efforts ------1 -------- 2---------3---------4 -------- 5 ( )N. Sidewalk Maintenance------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )0. Median Strip Landscape Maintenance-----------------------------1 -------- 2 ---------3--------- 4 -------- 5 ()P. Youth Sports Fields----------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )Q. Senior Citizen Programs ---------------1 -------- 2 ---------3--------- 4 -------- 5 ( )R. Neighborhood Programs ---------------1 -------- 2 ---------3--------- 4 -------- 5 ( )S. Managing Land Use --------------------- 1 -------- 2 ---------3--------- 4 -------- 5 City of Cupertino Resident Satisfaction Survey April 2004 03/31/041:05 PM Godbe Research and Analysis Page 3 11--Ý 6. For the following list of services, please tell me whether you are satisfied or dissatisfied with the job the City of Cupertino (COOPER-TEENO) is doing to provide the service. Here's the (firsUnexì) one: . Are you satisfied or dissatisfied with the city's performance in this area? (AFTER GETTING ANSWER, ASK:) Would that be very (satisfied/dissatisfied) or somewhat (satisfièd/dissatisfied)? RANDOMIZE (DON'T Very Swt. Swt. Very READ) Sat. Sat. Dissat. Dissat. DKiNA ( )A. Police Services ---------------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )8. City Recreation Services ---------------1 ----n_- 2 ---------3--------- 4 -------- 5 ( )C. Park and Picnic Area Availability-----1 -------- 2 ---------3--------- 4 -------- 5 ( )D. Quinlan (KWIN-Ian) Community Center Facilities ------------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )E. Garbage Collection ----------------------1 -------- 2 ---------3--------- 4 -------- 5 ()F. Recycling Program-----------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )G. Library Services---------------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )H. Street Pavement Maintenance -------1 -------- 2 ---------3--------- 4 -------- 5 ()I. Street Sweeping Services -------------1 -------- 2 ---------3--------- 4 -------- 5 ( )J. Park and Picnic Area Maintenance--1 -------- 2 ---------3--------- 4 -------- 5 ()K. Traffic Safety ------------------------------1 -------- 2 ---------3--------- 4 -------- 5 ()L. Street Tree Maintenance---------------1 -------- 2 ---------3--------- 4 -------- 5 ( )M. Economic Development Efforts ------1 -------- 2 ---------3--------- 4 -------- 5 ( )N. Sidewalk Maintenance------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )0. Median Strip Landscape Maintenance-----------------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )P. Youth Sports Fields----------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )Q. Senior Citizen Programs ---------------1 -------- 2 ---------3--------- 4 -------- 5 ( )R. Neighborhood Programs ---------------1 -------- 2 ---------3--------- 4 -------- 5 ( )S. Managing Land Use ---------------------1 -------- 2 ---------3--------- 4 -------- 5 7. Now I would like to talk about the Cupertino (COOPER-TEE NO) Recreation Department, which offers recreation activities and programs for the City of Cupertino (COOPER-TEENO). First, are you generally satisfied or dissatisfied with the recreation activities and programs offered by the Recreation Department? (GET ANSWER, THEN ASK:) Would that be very (satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)? Very satisfied ---------------------------------------- 1 Somewhat satisfied -------------------------------- 2 Somewhat dissatisfied ---------------------------- 3 Very dissatisfied ------------------------------------ 4 (DON'T READ) DKINA --------------------------- 5 City of Cupertino Resident Satisfaction Survey April 200. 03/31/04 105 PM Godbe Research and Analysis Page' 22 - 'S 8. During the past 12 months, have you or any member of your household visited: ? RANDOMIZE Don't Know Yes J:!.Q or Not Sure ()A. Creekside Park ----------------------------------1--------------2--------------3 ( ) B. Hoover Pa rk --------------------------------------1-------------- 2 -------------- 3 ( )C. Jollyman Park ------------------------------------1--------------2--------------3 ( )0. Linda Vista Park ---------------------------------1--------------2--------------3 ()E. McClellan Ranch Park -------------------------1--------------2--------------3 ( )F. Memorial Park ------------------------------------1-------------- 2 -------------3 ( )G. Monta Vista Park --------------------------------1-------------- 2 --------------3 ( )H. Portal Park ----------------------------------------1--------------2 --------------3 ()I. Summerset Square Park ----------------------1--------------2--------------3 ()J. Three Oaks Park --------------------------------1--------------2--------------3 ()K. Varian Park ---------------------------------------1--------------2--------------3 ( ) L. Wi Ison Pa rk ---------------------------------------1-------------- 2 -------------- 3 ( )M. Blackberry Farm ---------------------------------1--------------2 --------------3 ( )N. Cupertino Sports Center -----------------------1-------------- 2 --------------3 9. Do you walk or bike to work or school? (MULTIPLE RESPONSE OK, PROMPT FOR WORK OR SCHOOL AND BIKE OR WALK) Yes, walk to work -------------------------------------1 Yes, bike to work-------------------------------------- 2 Yes, walk to school----------------------------------- 3 Yes, bike to school ----------------------------------- 4 N 0 --------------------------------------------------------- 5 Currently unemployed! retired --------------------- 6 (DON'T READ) DKINA ------------------------------ 7 (CONTINUE) (CONTINUE) (CONTINUE) (CONTINUE) (SKIP TO 11) (SKIP TO 11) (SKIP TO 11) 1 a.ln a typical month, how many days do you walk or bike to work or school (MULTIPLE RESPONSE PROMPT BASED ON ANSWER TO 09)? WORK: WALK: - BIKE: - SCHOOL: WALK: - BIKE:- 11. One proposal for improving the City of Cupertino is to establish a network of paths and roads for people who are walking, biking, or roller-blading. Do you support or oppose this proposal? (GET ANSWER, THEN ASK): Would that be strongly (supporUoppose) or somewhat (supporUoppose)? Strongly support----------------------------__----m_- 1 Somewhat support ----------------------------------- 2 Somewhat oppose------------------------------------ 3 Strongly oppose --------------------------------------- 4 (DON'T READ) DKINA ----------------------------- 5 City of Cupertino Resident Satisfaction Su",ey April 2004 03131104 U5 PM Godbe Resea",h and Analysis Page 5 2:L-~ 12. Wide streets like Stevens Creek Boulevard and De Anza Boulevard can be difficult for pedestrians to cross. Changes to these streets can be made so they are easier to cross, such as slightly increasing median size and the length of time for pedestrians to cross. Do you support or oppose making these types of changes? (GET ANSWER, THEN ASK): Would that be strongly (support/oppose) or somewhat (support/oppose)? Strongly support--------------------------------------- 1 Somewhat support ----------------------------------- 2 Somewhat oppose------------------------------------ 3 Strongly oppose --------------------------------------- 4 (DON'T READ) DKINA ----------------------------- 5 13. Another proposal for improving the City of Cupertino is to create a downtown area along Stevens Creek Boulevard between Stelling Road and De Anza (DEE-ANZA) Boulevard. The new downtown area would include benches, trees, and additional shopping opportunities. Considering this proposal, would you support or oppose the creation of a downtown area in Cupertino? (GET ANSWER, THEN ASK): Would that be strongly (support/oppose) or somewhat (support/oppose)? Strongly support---------------------------------------1 Somewhat support ----------------------------------- 2 Somewhat oppose------------------------------------ 3 Strongly oppose --------------------------------------- 4 (DON'T READ) DKINA ----------------------------- 5 14.ln general, do you feel crime in the City of Cupertino (COOPER-TEENO) has increased, decreased or stayed about the same in the past five years? Increased --------------------------------------------- 1 Decreased -------------------------------------------- 2 Stayed about same -------------------------------- 3 (DON'T READ) DKINA --------------------------- 4 15.ln general, how would you rate race and ethnic relations in the City of Cupertino (COOPER-TEENO)? Would you say they are excellent, good, poor or very poor? Excellent ---------------------------------------------- 1 Good --------------------------------------------------- 2 Poor ---------------------------------------------------- 3 Very poor --------------------------------------------- 4 (DON'T READ) DKINA --------------------------- 5 City of Cupertino Resident Sa!lsfacUon Survey April 2004 03/31/04 1 :05 PM Godbe Research and Analysis Page 6 21-7 16. Approximately half of Cupertino (COOPER-TEENO) residents are members of ethnic minority groups. How has this increase in diversity in Cupertino (COOPER-TEENO) affected the feelings you have toward people of other races? Has the diversity made you more resentful and closed or more sympathetic and open or has it had no effect on your feelings? More resentful/closed ----------------------------- 1 More sympathetic/open --------------------------- 2 (DON'T READ) No change in how I feel----- 3 (DON'T READ) DKINA --------------------------- 4 17. Do you think the City of Cupertino (COOPER-TEENO) is doing too much, about the right amount, or not enough to ensure that members of all ethnic groups feel welcome in the City? Too much --------------------------------------------- 1 About the right amount---------------------------- 2 Not enough ------------------------------------------- 3 (DON'T READ) 0 KINA --------------------------- 4 18. Do you support or oppose the building of affordable housing, such as condominiums, town homes, and apartments in areas along Stevens Creek Boulevard from Stelling Road to Wolfe Road? (GET ANSWER, THEN ASK:) Would that be strongly (support/oppose) or somewhat (support/oppose)? Strongly support ------------------------------------ 1 Somewhat support --------------------------------- 2 Somewhat oppose --------------------------------- 3 Strongly oppose------------------------------------- 4 (DON'T READ) DKINA --------------------------- 5 City of Cupertino Resident Satisfaction Survey April 2004 03/31/04 US PM Godbe Research and Analysis Page 7 2)..-3 19. Next, I am going to read you a series of statements. Please tell me if you would be more or less likely to support the building of affordable housing, such as condominiums, town homes, and apartments in Cupertino (COOPER-TEENO) after hearing each statement. If you heard that building condos, town homes, and apartments , would you be more or less likely to support the building of apartments, town homes, and condominiums in the City of Cupertino (COOPER- TEENO)? (GET ANSWER, THEN ASK:) Would that be much (more/less) likely or somewhat (more/less) likely? RANDOMIZE Much Swt. Swt. Much More More Less Less !J.!!2!ï !J.!!2!ï!J.!!2!ï !J.!!2!ï (DON'T READ) No Dill. DKiNA ( )A. Offers affordable housing to those who cannot afford a single-family residence in this area ---------------------- 1 ------ 2 ------3-------4------- 5 ------6 ( )B. Cuts commuter time by offering housing alternatives for those who choose to live near their work ----- 1 ------ 2 ------3-------4------- 5 ------6 ()C. Relieves traffic congestion by allowing people to live closer to their work ------ 1------ 2------3-------4-------5 ------6 ( )0. Helps local businesses attract workers by offering workers affordable, convenient housing------------------------- 1 ------ 2 ------3-------4------- 5 ------6 ( )E. Creates a greater variety of housing types available in the city ------------------------- 1 ------ 2 ------3-------4------- 5 ------6 20. Next I would like to ask you about some neighborhood programs. For each of the following programs, please tell me if you are aware that it is offered in your neighborhood. RANDOMIZE (DON'T READ) Yes !:!Q DKiNA ( )A. Neighborhood watch ---------------------------1-------------- 2 --------------3 ( )8. Neighborhood Block parties -----------------1--------------2--------------3 ( )C. Earthquake preparedness -------------------1--------------2--------------3 ()O. Electronic Community Alert Program -----1--------------2--------------3 C;!y of Cupert;no Res;dent Sat;sfact;on Survey Apr;! 2004 03131/041:05 PM Godbe Research and Analys;s Page 8 2;)..-7 21. Would you say that you were satisfied or dissatisfied with the following programs? (GET ANSWER, THEN ASK) Would that be very (satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)? (DON'T Very Swt. Swt. Very READ) Sat. Sat. Dissat. Dissat. DKiNA ( )A. Neighborhood watch---------------------1 -------- 2 ---------3--------- 4 -------- 5 ( )B. Neighborhood Block parties ----------- 1 -------- 2 ---------3--------- 4 -------- 5 ( )C. Earthquake preparedness -------------1 -------- 2 ---------3--------- 4 -------- 5 ( )D. Electronic Community Alert Program -------------------------- 1 -------- 2 ---------3--------- 4 -------- 5 RANDOMIZE 22. What information sources do you use to find out about City news, information and programming? (DON'T READ LIST, RECORD FIRST TWO RESPONSES). Cupertino (COOPER-TEENO) Courier ---------1 Cupertino (COOPER- TEENO) Scene----------- 2 Internet (No specific site) --------------------------- 3 Flyers or posters around town--------------------- 4 City Website-------------------------------------------- 5 Local cable station------------------------------------ 6 Non-English media ----------------------------------- 7 Rad i 0 ----------------------------------------------------- 8 San Francisco Chronicle---------------------------- 9 San Jose Mercury News -------------------------- 10 Television --------------------------------------------- 11 Email --------------------------------------------------- 12 Other (Please specify: )-------------- 13 None---------------------------------------------------- 14 (DON'T READ) DKINA --------------------------- 15 23. Do you have Internet access at home? Yes -------------------------------------------------------- 1 (CO NT! N U E) N 0 --------------------------------------------------------- 2 (S KI P TO 25) (DON'T READ) DKINA ----------------------------- 3 (SKIP TO 25) 24. Do you have broadband or high-speed Internet access at home? Yes ----- - - ------------- - - - - - - -- - --- - - - -------- -- -- - - - - - ---- 1 N 0 --------------------------------------------------------- 2 (DON'T READ) DKINA ----------------------------- 3 City ot Cupertino Resident Satisfaction SuIVey April 2004 03/31/04 1 :05 PM Godbe Research and Analysis Page g ;¿2-/IJ 25. Have you or any members in your household ever visited the City of Cupertino (COOPER- TEENO) Website? Yes --- -- - - - - - -------------- - - - n- - - --- - - -- ------------- - - - - 1 No --------------------------------------------------------- 2 (DON'T READ) DKINA ----------------------------- 3 26. Have you or any members in your household ever watched the Cupertino (COOPER-TEENO) Government Channel on channel26? Y es-------------------------------------------------------- 1 (C 0 NTI N U E) No --------------------------------------------------------- 2 (SKI P TO A) (DON'T READ) DKINA ----------------------------- 3 (SKIP TO A) 27. Which programs on the Government Channel has your household watched? (MULTIPLE RESPONSE OK) City Council Meeting --------------------------------- 1 Commission Meeting -------------------------------- 2 California Channel------------------------------------ 3 Other (Please specify: )---------------- 4 (DON'T READ) DKINA ----------------------------- 5 Now just some background questions for comparison purposes A. In what year were you born? B. Do you own or rent your home? Ow n ----- - - - - - ------------ - - - - -- -- - --- - - - ----------------- - 1 Rent ------------------------------------------------------ 2 (DON'T READ) DKINA ------------------------------ 3 City of Cupertino Resident Satisfaction Survey April 2004 03/31/04 1 :05 PM Godbe Research and Analysis Page 10 2.?--1{ C. What ethnic group do you consider yourself a part of or feel closest to? (IF HESITATE, READ): Asian Indian -------------------------------------------- 1 African American or Black -------------------------- 2 Cambodian ----------------------------------------m_- 3 Chi n ese -------------------------------------------------- 4 Filipino --------------------------------------------------- 5 J a pa n ese ------------------------------------------------ 6 Korean --------------------------------------------------- 7 Latino or Hispanic------------------------------------- 8 Laotian --------------------------------------------------- 9 Pacific Islander -------------------------------------- 10 Thai ----------------------------------------------------- 11 Vietnamese------------------------------------------- 12 White --------------------------------------------------- 13 Other --------------------------------------------------- 14 (DON'T READ) DKINA --------------------------- 15 D. Including yourself, how many people currently reside in your household? (IF RESPONDENT GIVES 0, PLEASE REMIND THE RESPONDENT:) This is including yourself. (INDICATE NUMBER:)----------------------- - 0 KINA -------------------------------------------------- 99 E. Of the people who currently reside in your household, including yourself, how many are _?: ()E1. Under the age of 18 ()E2. Over the age of 64 F. Do you or does anyone in your household currently have one or more dogs? (IF 'NO' THEN RECORD '0' AND GO TO aG. IF 'YES' THEN ASK:) How many dogs are in your household? (INDICATE NUMBER:)----------------------- - 0 KINA -------------------------------------------------- 99 G. Does anyone in your household speak a language other than English as their primary language? Y es-------------------------------------------------------- 1 (CONTI N U E) No --------------------------------------------------------- 2 (SKIP TO I) (DON'T READ) DKINA ----------------------------- 3 (SKIP TO I) City of Copertino Res;denl Satislact;on SoIVey April 2004 03/31/041:05 PM Godbe Research and Analys;s Page 11 22-/;;" H. Which language, other than English, does someone in your household speak as their primary language? (DON'T READ. MULTIPLE RESPONSES PERMITTED.) Ca nto nese -------------------------------------------- 1 F rench ------------------------------------------------- 2 Ge rm a n ------------------------------------------------ 3 Hind i ---------------------------------------------------- 4 Japanese --------------------------------------------- 5 Korean ------------------------------------------------- 6 Mandarin ---------------------------------------------- 7 Spa n is h ------------------------------------------------ 8 Tag a I og ------------------------------------------------ 9 Thai--------------------------------------------------- 10 Vietnamese ---------------------------------------- 11 Other (Please specify: ) ------------- 12 DKiNA ----------------------------------------------- 13 I. Do you live east or west of De Anza (DEE-ANZA) Boulevard? East of De Anza------------------------------------- 1 West of De Anza------------------------------------ 2 (DON'T READ) 0 KINA --------------------------- 3 J. Do you live north or south of Stevens Creek Boulevard? North of Stevens Creek ----------------------------- 1 South of Stevens Creek----------------------------- 2 (DON'T READ) DKiNA ----------------------------- 3 Thank you very much for participating! This survey was conducted for the City of Cupertino (COOPER-TEENO). K. Respondent's sex (DO NOT ASK): Male ------------------------------------------------------ 1 Fe m a Ie --------------------------------------------------- 2 PHONE DATE OF INTERVIEW VALIDATED BY INTERVIEWER: NUMBER: City of Cupertino Resident Satisfaction Survey April 2004 03/31104 1 :05 PM Godbe Research and Analysis Page 12 ;¿:2 -J 3 EXHIBITS BEGIN HERE EXHIBiT ~-5~~ F CUPEIQ1NO Cupertino Œy Hall 10300 Tone Avenue Cupertino, CA 95014 Telephone: (408) 777-3182 Fax: (408) 777-3174 CODE ENFORCEMENT DIVISION SUMMARY Agenda Item No: Meeting Date: April 5, 2004 SUBJECT AND ISSUE Consider denying an appeal of Code Enforcement's decision to deny the Massage Pennit Application No. C-0400206. BACKGROUND Chapter 9.06.070(f) of the Cupertino Municipal Code states that "A massage establishment license may be denied if 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" . On February 4, 2004 applicant, Yumai Wang submitted an application for a massage establishment permit. After completion of the application, Ms. Wang was notified that a background check was going to be performed. Ms. Wang advised Code Enforcement that she has other massage establishments located in the City of Fremont and City of San Bruno. During the background check, it was learned that Ms. Wang received two administrative citations at her establishment, Happy Feet Health, in 2002. The citations were for incomplete written records in the daily register that contained only partia] names and addresses of clients that have had service at her establishment. Ms. Wang was a]so issued an administrative citation by the City of Fremont for fai]ure to provide an on-site manager at the massage establishment. RECOMMENDATION: Staff recommends that the City Council deny the appeal of Code Enforcement's decision to deny the application for a massage establishment permit based on Chapter 9.06.070(f) of the Cupertino Municipa] Code. Submitted by: Approved for submission: ",/;::/' ~~ David W. Knapp City Manager P6nled on Recycled Pap", )3- EXHIBITS END HERE