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CC 05-03-04 CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, May 3, 2004 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Graduation ceremony for Tomorrows' Leaders Today (TLT). (No documentation in packet). 2. State budget update by Assistant Speaker Pro Tem Sally Lieber. (No documentation in packet). 3. Presentation by PG&E regarding energy efficiency program for business and governmental customers. (No documentation in packet). 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. 10. May 3, 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. 4. Approve the minutes from the April 19 City Council meeting. 5. Adopt resolutions accepting Accounts Payable for April 16 and 23, Resolution Nos. 04- 299 and 04-300. 6. Adopt a resolution accepting Payroll for April 23, Resolution No. 04-301. 7. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and setting hearing for June 7 for objections to proposed removal, Resolution No. 04-302. 8. Adopt a resolution approving the Final Map of Tract No. 9535, Town Center Phase I, located at 10251 and 10271 Torre Avenue, Resolution No. 04-304. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 9. Consider a resolution adopting the 2004-05 Annual Plan and the use of second program year (2004-05) Community Development Block Grant (CDBG) funds, Resolution No. 04-305. Consider a resolution adopting the Analysis of Impediments to Fair Housing Choice (AI) and the recommendations stated in the AI, Resolution No. 04-306. 11. Consider Val1co Fashion Park, property located on the East and West sides of Wolfe Road between Stevens Creek Boulevard and Highway 280. (This item was continued from 4/27/04): a) Adopt a negative declaration (EA-2004-07) b) Conduct the second reading of Ordinance No. 1936 to allow a movie theater complex to be located on top of the existing mall shops or within the existing parking lots adjacent to Wolfe Road: "An Ordinance of the City Council of the City of Cupertino Approving an Amendment to I-DA-90, Development Agreement Between the City of Cupertino and Vallco International Shopping Center, LLC" Cupertino City Council Cupertino Redevelopment Agency May 3, 2004 Page 3 PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 13. 14. 15. 16. 17. 12. Consider input from the Cupertino Historical Society for naming the park at the corner of Stevens Creek and De Anza Boulevards, and either set a hearing date on the naming of the park or refer the matter to the Parks and Recreation Commission for a public hearing with a recommendation to the City Council. Review bids and award Street Sweeping, Project 2004-01 to Don & Mike's Commercial Sweeping, the lowest responsive and responsible bidder, in the amount of$lOl,476.80. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks pursuant to Ordinance No. 1925 for the following locations: Stonydale Drive, Creston Drive and Rivercrest Court, Palo Vista Road, Mira Vista Avenue, and Scenic Boulevard, Resolution No. 04-307. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks pursuant to Ordinance No. 1925 for Vai Avenue and Columbus Avenue, Resolution No. 04-308. Reappoint Joseph Walton to the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for the new term beginning July I, 2004. Designate a voting delegate and alternate for the League of California Cities' special meeting ofthe General Assembly on Thursday, May 15. ORDINANCES STAFF REPORTS 18. 19. Confirm Wednesday, May 26, at 4:00 p.m. as the date and time for a budget study session in Conference Room C. (No documentation in packet). Receive a monthly status report on the Cupertino Civic Center and Library Project. COUNCIL REPORTS CLOSED SESSION May 3, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 4 ADJOURNMENT Adjourn to Tuesday, May 4 from 3:00 p.m. until 6:00 p.m. at the Cupertino Black Berry Farm Conference Center, 21975 San Fernando Avenue, for a Closed Session regarding the evaluation of the City Manager. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. 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. CITY OF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, April 19, 2004 ROLL CALL At 5:30 p.m. Mayor James called the meeting to order in Conference Room C. City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok (arrived at 5:45 p.m.), and Council members Dolly Sandoval and Kris Wang. Council members absent: Richard Lowenthal. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, City Planner Ciddy Wordell, and Deputy City Clerk Grace Johnson. MEETING WITH SUPERVISOR 1. Update meeting with Supervisor Liz Kniss. Supervisor Liz Kniss and the City Council discussed various City and County issues including emergency response 911 fees; Local Tax Funds State Ballot Initiative; library hours; City and County budget; County fairgrounds redevelopment; and the Nurses and Public Defenders Initiative. RECESS Council was in recess from 6:28 p.m. until 6:50 p.m. At 6:50 p.m. Mayor James called the meeting to order in the Council Chambers and led the pledge of allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick, and Council members Dolly Sandoval and Kris Wang. Council members absent: Richard Lowenthal. 4-1 April 19,2004 Cupertino City Council Page 2 Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Assistant Public Works Director Glenn Goepfert, Cornmunity Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Johnson. POSTPONEMENTS - None WRITTEN COMMUNICATIONS The Deputy City Clerk said that there was a copy of an email dated April 17, 2004 from Tom McNair to the Council, and a letter dated April 19,2004 from Craig Breon to the Council. Both items pertained to item number 9 on the agenda. ORAL COMMUNICATIONS Lucia Wu, President of the Moon Festival of Silicon Valley, said that there had been two Moon Festivals in the City calendar meeting schedule, but the web site lists only the Autumn Moon Festival with a different contact person. She asked which is the legal organization to host the event. City Manager David Knapp responded that staff had been told there was agreement among the members of the Moon Festival Committee about who would host the event, and the City was waiting to hear from the committee regarding who that person would be. He noted that the Council would be considering whether the city could afford to continue supporting festivals in the coming months. James Liu, Monrovia Street, a volunteer for the Moon Festival, asked when the committee could proceed with the Moon Festival, since the date and the liaison person had changed. He asked if the City had procedures to prevent this kind of thing from happening in the future. Parks and Recreation Director Therese Smith responded that Recreation Supervisor's calendar showed it was Lucia Wu who submitted the paperwork, and the Moon Festival is on the calendar for September 18 and 19. David Stearns, Pepper Tree Lane, an early member of the Hsin-Chu Sister City Committee and a current board member of the Moon Festival of Silicon Valley, said that it was a surprise to him that there was disagreement over who was going to run the Moon Festival this year. He said that there had been some accusations that the committee was not truly a non-profit and he denied that claim. He hoped that the management of the Moon Festival would remain with the current group. Jennie Young, Addington Ct., wanted to know when the Council speaks on behalf of the City and when it does not. She said that when Kris Wang mentioned she was planning to take over the Moon Festival Committee, Young thought that Wang was talking on behalf of the City. Now, she is hearing differently. C(-d- April 19, 2004 Cupertino City Council Page 3 City Manger David Knapp said that if the item is in the public record in the form of minutes, ordinances, resolutions, or addressed during a meeting, it is speaking on behalf of the City of Cupertino. The rest of the time, the Council is precluded from having more than two members talk with each other about City business. Ralph Ottee, Lucky Oak St., Moon Festival of Silicon Valley committee member, said he was upset over the desire of a Council member to start a competing Autumn Moon Festival Committee. He mentioned a recall petition and urged Council to find out what is happening. Pat Rogers suggested that for all major festivals occurring in Cupertino, the City have a policy to require a majority of the members ofthe controlling committee or group be Cupertino residents. Parks and Recreation Director Therese Smith explained that the City's field reservation policy requires that at least 51 % of the Cupertino participants must represent the organization, and for festivals, the organization must be a non-profit and provide a service to the City of Cupertino. Barbara Rogers said it was her understanding that Council member Kris Wang, as representative to the sister city committees, leamed that the Moon Festival Committee could not use City Hall facilities for their meetings because they did not have a member from Cupertino, so thought one way to solve the issue would be to combine the Moon Festival committee with the Hsin-Chu Sister Committee. Rogers said that this decision was taken the wrong way. She suggested that due to the budget crisis, the City should start charging everyone, including non-profit groups, and to restrict City buildings and fields only for City groups. Steven Ting, West Hill Ct., said that the matter should be worked out between the two community organizations, the Hsin-Chu Committee and the Moon Festival Committee. He encouraged the City management to take a more forceful and proactive stance in interpreting and applying the policy for the use of the parks and other City facilities. Dennis Whittaker, Cheryl Dr., said that this issue seems to be a problem of power between the Hsin-Chu Sister Committee organization and the Moon Festival of Silicon Valley Committee organization. He said that members of the community should be the sponsors of the Moon Festival. He also wondered how the festival benefited Cupertino. Cary Chien, Felton Way, said he was surprised to hear about the subject ofrecall without basis. He said that he is a member of the Parks and Recreation Commission and it has become clear to him that the Cupertino residents expect the City to make the best use of its public lands, and he felt that publicly visible lands should be held primarily for public or cultural uses. He said that the Moon Festival event should be held to the same standard and that proceeds from that event should go directly back to Cupertino. Kris Wang said that she was the liaison for the Sister City committees, and had heard concerns by residents that the Moon Festival Committee was being run by non-Cupertino residents. She suggested that the two groups merge to make a larger organization run by Cupertino residents, and David Fong, the Chair of the Hsin-Chu Sister Committee, agreed with her suggestion. Wang said it was her understanding that Lucia Wu, the Chair of the Moon Festival of Silicon Valley L{-] April 19,2004 Cupertino City Council Page 4 Committee, had also verbally agreed. She said she hopes that staff can provide a policy to clear up the misunderstanding and rumors. Kwok recognized the good job Lucia Wu has done as the Chair of the Moon Festival Committee. He said that Council member Wang has good intentions and her goal is not to take over the festival but to help the community. He said he would like to sit down and work something out to end up with a win-win situation, and he hoped that both committees can work with Wang and each other to come together as a whole for the good of Cupertino. Sandoval said that the community wants an effective festival that educates people on cultural diversity as well as creating an event that is fun. She said that a Moon Festival that benefits the Hsin-Chu Sister City Committee and helps fund students travel is great. She asked the community members to get together to form one committee. She noted that at the April 6 study session, staff was directed to prepare an accounting of all the festivals, including how the festivals are used to build community spirit, celebrate cultural diversity, and raise funds for worthy causes, as well as to identify the specific causes that are supported. Wang said that she hopes the Chairs of each committee can work together to celebrate the Moon Festival. She said she would support the exchange student funding for the Hsin-Chu Sister City Committee. Knapp explained that Council members serve as committee liaisons by sitting on various committees and then report back to the Council and the community. James said that the Council is not empowered to make decisions for or take actions in those committees. She clarified that the City of Cupertino is not trying to take away the Moon Festival from Lucia Wu. She said the City supports the festivals, but the decision as to who will run an organization is a community issue. Lucia Wu clarified that she is not the co-chair of the Moon Festival, but rather the President of the Board. She said the co-chair is Dennis Wan and the treasurer is Ed Grant. She explained that the committee is comprised of 40% Cupertino residents but it is soon to become 80%. She said that Wang had commented that David Fong claimed to be the original owner of the Moon Festival. Wu referred to a letter dated 1999 from David Fong, Co-Chair of the Hsin-Chu Sister City Committee, to the Moon Festival Committee congratulating them on doing the cultural event in Cupertino. She said this proves that he is not the founder of the group. CONSENT CALENDAR Kwok/Sandoval moved and seconded to approve the items on the Consent Calendar except for item number two, which was pulled for discussion. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 3. Adopt resolutions accepting Accounts Payable for March 26, April 2, and April 9, Resolution Nos. 04-294 through 04-296. 4-L{ April 19,2004 Cupertino City Council Page 5 4. Adopt a resolution accepting Payroll for April 9, Resolution No. 04-297. 5. Approve Library Commission recommendation appointing Commissioner Diana Wu as special emissary between the Cupertino Library and Sister Library Hsin-Chu. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the April 5 and 6 City Council meetings. Wang corrected page 2-11 of the minutes from April 6. In the fourth paragraph, "Dennis Wan" was corrected to "David Fong." Wang/Sandoval moved and seconded to approve the minutes as amended. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. PUBLIC HEARINGS 6. Review and adopt City fees for 2004-05. (This item was continued from April 5): a) Adopt a resolution establishing an Emergency Communication 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." Administrative Services Director Carol Atwood reviewed the staff report. She explained that the fee is not a tax, but a cost recovery from what the City currently pays annually to the County of Santa Clara for the 911 system in the amount of $771,709. She said this would result in a cost recovery of $620,000 annually and would be used exclusively to pay for 911 dispatch services. She noted that passing this fee would help to balance the budget. She said that seniors probably are more frequent users of the service, and therefore would not be exempt ftom the fee, but they can apply for an exemption from the Utility User Tax. Captain John Hirokawa said that the non-emergency phone number for San Jose is (408) 299-2311. He said that a 911 call from a cell phone would still be dispatched from Vallejo and emergency services would take about 15-20 minutes to respond. The following people spoke on item 6a. Barbara Rogers advised Council to continue the item because the agenda wasn't clear that a fee was being considered. Pat Rogers suggested that the resolution enacting the fee should not be open- ended but rather sunset after 2 or 3 years, unless renewed by the City Council. He L/-S' Ápril19, 2004 Cupertino City Council Page 6 said most people would accept a temporary fee more easily until the budget improves. Dennis Whittaker, Cheryl Dr., said that if the City were to lose staff because of this fee not passing, then he would support it. He was concerned that citizens would feel penalized, and be less inclined to look out for each other when seeing suspicious activity if they were charged a fee to call 911. Sandoval explained that the charge would be a monthly fee for the infrastructure system and not a per-call fee so people shouldn't be discouraged from calling. She said this is a necessary tax because the state took away vehicle license fees from the City, which would have paid for the infrastructure. She suggested that one of the exemptions listed on page 6a-1 of the staff report, non-profit, tax-exempt educational organizations, not be exempt from the fee. She said that if one foundation is exempt, then all should be exempt. Atwood re-ca1culated the figures and noted that the fee for a single-line access would be $1.84 per month rather than $3.00, and a trunk line fee would be $13.80 rather than $22.50, as noted on page 6a-4 and 6a-5 of the staff report. Kwok said that he supported staffs recommendation for full cost recovery because the City is already looking at many expenditure reductions, and this revenue fee is needed to balance the budget. He said that if the City takes out the educational organizations from the exceptions, then the non-profit, tax-exempt hospitals should be taken out as well. Wang suggested that only a portion of the cost be charged to line-users rather than the entire amount, in order to keep some City service going to the community. She recommended the City charge $1.00 per single line or a maximum of $1.50 for each household who has more than one line. She suggested waiting until the overall budget is discussed to decide on this fee. James said the City's job is to protect its citizens and she doesn't feel comfortable charging the fee. She said she would rather cut Parks and Recreation or other non- life threatening services. Atwood said that staff would calculate several different options and bring it back to Council the first meeting of June. Kwok/Wang moved and seconded to continue the item to June 7. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. b) Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291 Atwood reviewed the staff report and Council discussed various fees, including the facility use fees. L(-i April 19,2004 Cupertino City Council Page 7 Parks and Recreation Director Therese Smith responded that the City has never actually charged festivals and groups for City facilities and that this fee is an opportunity cost. The following people spoke on item 6b. Lonnie Toensfeldt, Fitzgerald Dr., acknowledged the Rolling Hills of Cupertino 4-H Club in celebrating 30 years at McClellan Ranch Park. She also said that the County is threatening to cut the University of California's Cooperative Extension Program and she urged Council to endorse the 4-H Club program to the Board of Supervisors. She said that the club uses the Monta Vista Recreation Center and was told that Education Non-Profit groups would now be charged $15 per hour to use the facility. She said that the group isn't able to raise the money because it is precluded by DC policy to charge members for any fees. Barbara Rogers urged Council to keep in mind a point of no return for many non- profit groups to be able to exist, and to weigh that carefully when making its decision. Rhoda Fry, San Fernando Ave., said that the Mountain View Recreation Center doesn't charge anything for facility use, and only one resident is required rather than 51 %. She said she is the activities coordinator for the Las Madres club that uses the Monta Vista Recreation Center. She said the club couldn't afford to spend $30-45 per week for the room. She asked Council to waive the fees for this group and similar groups. She suggested it is better to use the facility than to leave it vacant. Smith explained the policy for co-sponsored clubs, such as the 4-H Club and the Las Madres Club. She said that the intent of the policy, written in the 70's, was that these community clubs were providing recreational activity in lieu of having to hire staff to do that. She said that the City has been generous in not charging these groups, but was still charging non-profit groups for facility use, in the spirit of fairness the City should charge all groups the same fee. She said that the rates they are being asked to pay now are the non-profit group rates, which is still lower than the regular fee. Kwok moved to adopt Resolution No. 04-291 as proposed. There was no second and J ames seconded for the purpose of further discussion. Atwood explained that the Council policy is not to waive fees with the exception of festivals, and that this exception would be looked at later in conjunction with the budget. Sandoval moved to amend the original motion to consider just general fees, public works fees, planning and building fees, and the first two bullets of the parks and 4-1 April 19, 2004 Cupertino City Council Page 8 recreation fees on page 6b-2 of the staff report. There was no second and the motion died. The Council voted on the original motion to adopt Resolution No. 04-291 as proposed. Vote: Ayes: James, Kwok, and Wang. Noes: Sandoval. Absent: Lowenthal. Council recessed from 9:05 p.m. to 9:10 p.m. NEW BUSINESS Mayor James re-ordered the agenda to take up item number 9 next. 9. Adopt a resolution authorizing the Director of Public Works to negotiate and execute an amendment to the Access Agreement between the City and Mr. Tom McNair for 22261 McClellan Road, Resolution No. 04-298. Assistant Public Works Director Glenn Goepfert reviewed the staff report and highlighted responses to a letter from Deborah Jamison regarding the project. He summarized the history of the project, and amended one recommendation from the staff report to include a requirement for a permit from the Santa Clara Valley Water District. He explained that the City would maintain the oversight of the restoration process instead. Tom McNair gave a history of construction access, staging, and land use. He talked about stockpiling and temporary parking and said that he didn't realize they had been dropped from the previous agreement. He said that he rectified the stockpiling issue as soon as he heard from Public Works to do so. He said that the stockpile would be used for re- vegetation later, but he would do whatever the City asked him to do. He commented there has been no greater damage done since the original agreement, and he said he is willing to go above and beyond the original agreement to restore the area to better than pre- existing conditions. He explained that the staging of the project would soon be taking place on his own property. Deborah Jamison, Rumford Dr., said that she was alarmed about the amount of destroyed vegetation and the threat to the creek, and one of the arguments for the residential use of the Simms House was that it would impose less impact on the creek side environment. She said the tenants who occupied the house were required to abide by an agreement, become trained by the City Naturalist in how to care for the natural environment, and become familiar with the McClellan Ranch Park rules. She said that the riparian corridor was making a comeback, but with the construction activity it was all obliterated. She urged Council to resolve the issues referred to in a letter she submitted including restoration and restitution; compensation to the City for the construction use ofthe area; a use-fee; requiring a bond; imposing a time-limit and penalties; requiring a specific restoration plan; and carefully watching the project to make sure no additional damage occurs. ({-? April 19,2004 Cupertino City Council Page 9 Marylin McCarthy said that on April 8 she wasn't able to get through on McClellan Road to Mira Vista because of a large, construction truck and crew hosing concrete slurry into a drain that says, "Flows to the bay." She said there was no flagman, and anyone coming around the blind comer wouldn't have been able to see her. She was concerned about McNair's driveway being located at the blind corner, as well as who from the City would take responsibility for this land use. She requested that any additional access agreement include some information about McClellan Ranch Park to all vendors, construction crews, individual craftsmen, and landscapers to make them aware of how delicate the area is. She said that she didn't think McNair should have the responsibility for the restoration because he isn't a naturalist. Dr. William Walster, Dean Ct., requested that Council prevent this from happening in the future by adopting policies and procedures, with the goal of preserving as much as possible of the 60-acre preserve for future generations. Jill Halloran, Alderbrook Lane, said that it was important to preserve the fragile habitat of the creek. She was concerned that this was allowed to happen and would have been worse if not for people like Deborah Jamison. Lonnie Toensfeldt, Fitzgerald Dr., said she was a member of the McClellan Ranch Park Planning Committee and she chaired the McClellan Master Plan Task Force ad hoc committee. She said at the Parks and Recreation Commission meeting, a bond, time-line, and stability of the property was discussed. She said that everyone has been working under the assumption that the Simms House was part of McClellan Ranch Park. If it is not, the City needs to do something about that so the property falls under the McClellan Ranch guidelines and the ordinance. Rhoda Fry, San Fernando Ave., said it was important to not leave to chance the protecting and restoring the City's riparian habitat. She said the amendments and conditions are not enough, and the project needs to be respectful of the property for the future. Bob Hoxsie, Mira Vista, said he lives across the street from the McNair property. He encouraged Council to be sure it had clear guidelines, enforcement, and someone watching over the construction of the project. Council adopted Resolution No. 04-298 and directed the City Manager and the Public Works Director to negotiate and execute an amendment with the following conditions: 1) Bond requirement; 2) Compensation for staff time; 3) A time-line for completion of the project and restoration; 4) A quitclaim of the easement; 5) A clean-up plan to the satisfaction of the City prior to resuming construction. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 4-1 April 19,2004 Cupertino City Council Page 10 UNFINISHED BUSINESS 7. Authorize the City Manager to execute a contract for animal services with the city of San Jose. Administrative Services Director Carol Atwood reviewed the staff report. Sandoval/Kwok moved and seconded to execute the contract. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. NEW BUSINESS - continued 8. Review of bid and award of the contract for Furnishing and Installing Uninterrupted Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals at Various Locations, Project No. 03-9547, which will provide for the installation of battery back up systems (BBS) at 22 major traffic signal locations within the City, to Republic Electric in the amount of $188,100.00, and approval of a construction contingency of $11,900.00 to cover any unforeseen work required to complete the project, for a total of $200,000.00. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Kwok/Sandoval moved and seconded to award the contract. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. STAFF REPORTS 10. Receive a report regarding current and future expected benefit payments of the City's retiree healthcare plan. Administrative Services Director Carol Atwood said that under the Governmental Accounting Standards Board (GASB), the City is now required to record a "pay as you go" entry only for its retiree medical and current employee medical costs, which will be about $525,000 this year. She that in the next few years the city will also have to accrue the full future liability of its medical retiree cost, and will fund over a 20-year period another $897,000 per year. Council received the report. 11. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said that through the end of February, the revenue cash flow was down $1.7 million. She said that due to a property tax and sales tax payment, the City is down only $667,000 in revenue. She said that the trends are still not good, but better than last month. Council received the report. L(~ {D April 19,2004 Cupertino City Council Page 11 CLOSED SESSION 12. 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). At 10:50 Council went into closed session. At 11 :08 p.m. Council reconvened in open session. The City Attorney announced that Council authorized the release of the City Attorney's legal opinion to the employees that might be affected, on the dos and don'ts of participation in the Initiative process. He said that this opinion could also be released to the general public. He continued to say that Council also authorized the release of the 2004 Schedule for the Initiative Report Preparation and the Initiative Report Draft Scope of Work for the various elements in the report. The report is estimated to cost at least $100,000. ADJOURNMENT At 11: 10 p.m. the meeting was adjourned to Tuesday, April 27 at 5:00 p.m. in the Council Chambers, 10300 Torre Avenue, for a public hearing regarding Vallco Fashion Park. 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 & Minutes/ City Council/ 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. 4~\1 DRAFT RESOLUTION NO. 04-299 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 APRIL 16, 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: (V ~ ()::h L9-fJ1J-A Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of May , 2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ':)-1 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact.trans_date between "04/12/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---------uu-VENDOR-nnnnnn FUND/DEPT SALES TAX -----DESCRIPTION------ 1020 605734 V 01/09/04 1378 RIC!\RDO MARTINEZ 5708510 SERVICE CALL 0.00 1020 606847 V 03/05/04 3130 SUPERIOR COURT 1104100 SMALL CLAIM/FANELLI 0.00 1020 607506 04/16/04 4 AT. T 1108501 APRIL 2004 STATEMENT 0.00 1020 607506 04/16/04 4 AT. T 1108501 APRIL 2004 STATEMENT 0.00 1020 607506 04/16/04 4 AT. T 1108501 APRIL 2004 STATEMENT 0.00 1020 607506 04/16/04 4 AT. T 1108501 APRIL 2004 STATEMENT 0.00 TOTAL CHECK 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108508 APRIL 2004 . TR'Æ UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 5606620 APRIL 2004 . TRUE UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108501 APRIL 2004 . TR'Æ UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108509 APRIL 2004 . TR'Æ UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108507 APRIL 2004 . TR'Æ UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 5708510 APRIL 2004 . TRUE UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108504 APRIL 2004 . TR'Æ UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURO!ASING PO 1108506 APRIL 2004 . TRUE UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURO!ASING PO 1108503 APRIL 2004 . TRUE UP 0.00 1020 607507 04/16/04 9 ABAG POWER PURCHASING PO 1108505 APRIL 2004 . TR'Æ UP 0.00 TOTAL CHECK 0.00 1020 607508 04/16/04 2982 ABLE UNDERGROUND 1108501 SERVICE CALL 0.00 1020 607509 04/16/04 M AG!\RWAL. NEELO 580 Refund, Check - CANCEL 0.00 1020 607510 04/16/04 28 AIRGAS NCN 1108314 FY 2003-2004 OPEN PURC 0.00 1020 607510 04/16/04 28 AIRGAS NCN 1108314 FY 2003-2004 OPEN PURC 0.00 TOTAL CHECK 0.00 1020 607511 04/16/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 1020 607511 04/16/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 1020 607511 04/16/04 2276 ALHAMBRA 5706450 BOTTLED DRINKING WTR 0.00 TOTAL CHECK 0.00 1020 607512 04/16/04 2319 ALL CITY MANAGEMENT SERV 1108201 CROSSING GRDS APRIL04 0.00 1020 607513 04/16/04 2978 ALLIN CORPORATION OF CAL 6109863 40 HOURS SERVICE DIREC 0.00 1020 607514 04/16/04 40 ALTEC INDUSTRIES INC 6308840 CONTROL COVER A25439 0.00 1020 607515 04/16/04 57 ARAMARK 1104510 COFFEE SUPPLIES 0.00 1020 607516 04/16/04 1519 AUTREY SUPPLY CO INC 1108315 GOAL LINE WHITE FIELD 0.00 1020 607516 04/16/04 1519 AUTREY SUPPLY CO INC 1108314 GOAL LINE WHITE FIELD 0.00 1020 607516 04/16/04 1519 AUTREY SUPPLY CO INC 1108303 GOAL LINE WHITE FIELD 0.00 1020 607516 04/16/04 1519 AUTREY SUPPLY CO INC 1108312 GOAL LINE WHITE FIELD 0.00 TOTAL CHECK 0.00 1020 607517 04/16/04 2618 BAIS INC-BAY !\REA NET 1108602 YRLY DSL/TRAFFIC SERV 0.00 RUN DATE 04/15/04 TIME 11,10,22 - FINANCIAL ACCOUNTING cv PAGE 1 AMOUNT -1000.00 -22.00 22.64 58.06 22.64 22.64 125.98 59.27 787.65 1342.39 63.35 392.55 663.15 2179.21 130.93 772.42 251. 08 6642.00 480.00 100.00 66.41 40.48 106.89 220.50 150.65 44.15 415.30 7487.40 333.25 240.62 120.36 753.48 753.52 753.53 753.52 3014 .05 1058 .40 ç-~ 04/15/04 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT PUND SELECTION CRITERIA, transact. trans_date between "04/12/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT nnnnnnnVENDORn_-_uu_u- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 607518 04/16/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 152.78 1020 607518 04/16/04 968 BAP AUTO PARTS 6308840 FY 2003 -2004 OPEN PURC 0.00 86.00 1020 607518 04/16/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 88.98 1020 607518 04/16/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 58.36 TOTAL CHECK 0.00 386 .12 1020 607519 04/16/04 3154 BARKOFF CONTAINER & SUPP 5208003 WHITE BAGS A25435 0.00 537.95 1020 607520 04/16/04 2698 BAUDVILLE, INC. 1102401 BLOCK LOR RECOGNITION 0.00 462.33 1020 607521 04/16/04 100 BMI IMAGING SYSTEMS 1101500 COPIES ORD CITY/SHDY 0.00 329.08 1020 607522 04/16/04 M2004 C G I A 6104800 MERSHIP FEE/NOWACK 0.00 40.00 1020 607523 04/16/04 133 CAL-LINE EQUIPMENT CO IN 6308840 PARTS/SUPPLIES A25440 0.00 70.51 1020 607523 04/16/04 133 CAL-LINE EQUIPMENT CO IN 6308840 PARTS/SUPPLIES A25440 0.00 376.67 TOTAL CHECK 0.00 447.18 1020 607524 04/16/04 124 CALIFORNIA SAFETY & CLEA 1108409 SUPPLIES A25430 0.00 483.68 1020 607524 04/16/04 124 CALIFORNIA SAFETY & CLEA 6308840 SUPPLIES 0.00 106.50 1020 607524 04/16/04 124 CALIFORNIA SAFETY & CLEA 6308840 SUPPLIES 0.00 106.50 TOTAL CHECK 0.00 696.68 1020 607525 04/16/04 146 CASH 1104510 P.CASH 3/23-4/09 0.00 9.95 1020 607525 04/16/04 146 CASH 1106343 P.CASH 3/23-4/09 0.00 21.63 1020 607525 04/16/04 146 CASH 1106647 P.CASH 3/23-4/09 0.00 48.66 1020 607525 04/16/04 146 CASH 5806349 P.CASH 3/23-4/09 0.00 233.14 TOTAL CHECK 0.00 313 .38 1020 607526 04/16/04 148 CASH 6308840 P.CASH 3/12-4/12 0.00 47.81 1020 607526 04/16/04 148 CASH 1108314 P.CASH 3/12-4/12 0.00 15.13 1020 607526 04/16/04 148 CASH 1108830 P.CASH 3/12-4/12 0.00 10.00 1020 607526 04/16/04 148 CASH 1108201 P.CASH 3/12-4/12 0.00 30.00 1020 607526 04/16/04 148 CASH 1108303 P.CASH 3/12-4/12 0.00 19.47 TOTAL CHECK 0.00 122.41 1020 607527 04/16/04 149 CASH 1104000 P.CASH 4/12-4/13 0.00 26 .00 1020 607527 04/16/04 149 CASH 1104530 P.CASH 4/12-4/13 0.00 5.94 1020 607527 04/16/04 149 CASH 1108201 P.CASH 4/12-4/13 0.00 140.00 1020 607527 04/16/04 149 CASH 1108601 P.CASH 4/12-4/13 0.00 20.00 1020 607527 04/16/04 149 CASH 1100000 P.CASH 4/12-4/13 0.00 -0.10 TOTAL CHECK 0.00 191.84 1020 607528 04/16/04 3089 CEITRONICS. INC. 4239222 PUBLIC WORKS CONTRACT 0.00 16902.69 1020 607529 04/16/04 173 COCA-COLA BOTTLING OF CA 5706450 FY 2003-2004 OPEN PURC 0.00 419.20 1020 607530 04/16/04 3100 COMCAST 5708510 3/07-4/06 0.00 123.06 1020 607530 04/16/04 3100 COMCAST 5708510 4/07-5/06 0.00 91.90 TOTAL CHECK 0.00 214.96 RUN DATE 04/15/04 TIME 11.10,22 - FINANCIAL ACCOUNTING 5"-] 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "04/12/2004" and "04/16/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 607531 1020 607532 1020 607533 1020 607534 1020 607535 1020 607536 1020 607537 1020 607538 1020 607538 1020 607538 TOTAL CHECK 1020 607539 1020 607539 TOTAL CHECK 1020 607540 1020 607540 TOTAL CHECK 1020 607541 1020 607541 TOTAL CHECK 1020 607542 1020 607543 1020 607544 1020 607545 1020 607546 1020 607547 1020 607547 TOTAL CHECK 1020 607548 1020 607548 1020 607548 TOTAL CHECK 1020 607549 04/16/04 3032 ISSUE DT _n_n_-_nn-VENDORn__n_nnn FUND/DEPT CONSTRUCTION TESTING SER 4239222 04/16/04 183 04/16/04 1130 04/16/04 1407 04/16/04 194 04/16/04 2866 04/16/04 201 04/16/04 2922 04/16/04 2922 04/16/04 2922 04/16/04 2085 04/16/04 2085 04/16/04 890 04/16/04 890 04/16/04 209 04/16/04 209 04/16/04 M2004 04/16/04 676 04/16/04 1596 04/16/04 1242 04/16/04 2113 04/16/04 996 04/16/04 996 04/16/04 2578 04/16/04 2578 04/16/04 2578 04/16/04 249 COTTON SHIRES & ASSO INC 110 THE COURT WORKS 5706450 CUMMING HENDERSON TIRE 6308840 CUPERTINO SUPPLY INC 1108303 DIANA R. ELROO 2607401 DAPPER TIRE CO 6308840 DAVE'S AUTO & FABRlCATIO 6308840 DAVE'S AUTO & FABRlCATIO 6308840 DAVE'S AUTO & FABRlCATIO 6308840 DB PROMOTIONS DB PROMOTIONS 1101200 1101200 DE ANZA PRINTING SERVICE 4239222 DE ANZA PRINTING SERVICE 1104530 DE ANZA SERVICES INC DE ANZA SERVICES INC 1108505 1108507 DENISE FRANKLIN 110 DEPARTMENT OF JUSTICE 1104510 DESIGN IN WOOD FURNITURE 5706450 DtGITAL PRINT IMPRESSION 1104310 DLT SOLUTIONS INC 6104800 DU-ALL SAFETY DU-ALL SAFETY 1108201 1108201 ELEMENT K JOURNALS ELEMENT K JOURNALS ELEMENT K JOURNALS 6104BOO 6104800 6104BOO ESBRO CHEMICAL 5606620 RUN DATE 04/15/04 TIME 11,10,23 nn-DESCRIPTION-n- -- SALES TAX PUBLIC WORKS CONTRACT 0.00 GEOLOGIC REVW R24867 0.00 SUPPLIES 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 SERVICE AGREEMENT FOR 0.00 FY 2003-2004 OPEN PURC 0.00 FABRICATE SELF CONTAIN 0.00 TIME/MATERIALS 0.00 TIME/MATERIALS 0.00 0.00 SERVICE AWARDS 0.00 SERVICE AWARDS 0.00 0.00 LIBRARY ENVELOPES 0.00 BROCHURES 0.00 0.00 FLOOR MAINT. 3/26 0.00 EMERGENCY CLEANUP 0.00 0.00 SIDEWALK BOND RELEASE 0.00 FINGERPRINTS MAR04 0.00 ROCKER/BENCH A262B7 0.00 LOGO ENVELOPES 0.00 MAPGUIDE 6.3 SUBSCRIP 0.00 HEARING TESTS 0.00 SAFETY CONSULT MAR04 0.00 0.00 MS OFFICE 2000 0.00 COMPUTER SPRT PROF 0.00 MS WINDOWS 2000 0.00 0.00 FY 2003-2004 OPEN PURC 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 672.00 1282.90 10059.40 69.00 141.21 8157.50 654.3B 2636.40 1510.75 2489.61 6636.76 143.95 104.61 248.56 135.00 335. 00 470.00 670.00 95. 00 765.00 4320.00 256.00 365.88 2653.41 954.00 720.00 875. 00 1595.00 77 .00 127 .00 147.00 351. 00 359.05 :;--L{ 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 4 SELECTION CRITERIA, transact. trans_date between "04/>2/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --_-_-_nnn-VENDORnn_nnnn FUND/DEPT nn-DESCRIPTION-- nn SALES TAX AMOUNT 1020 607550 04/16/04 251 EVANS WEST VALLEY SPRAY 1108303 BEETLE SPRAY MEMORIAL O. 00 500.00 1020 607550 04/16/04 251 EVANS WEST VALLEY SPRAY 1108314 BEETLE SPRAY 3 OAKS 0.00 500.00 1020 607550 04/16/04 251 EVANS WEST VALLEY SPRAY 1108315 BEETLE SPRAY JOLLYMAN 0.00 250.00 1020 607550 04/16/04 251 EVANS WEST VALLEY SPRAY 1108302 BEETLE SPRY MCCLELLAN 0.00 300.00 1020 607550 04/16/04 251 EVANS WEST VALLEY SPRAY 1108315 BEETLE SPRAY/JOLLYMAN 0.00 500.00 TOTAL CHECK 0.00 2050.00 1020 607551 04/16/04 1949 EVENT SERVICES 1108503 RENTAL 3/01-3/31/04 0.00 162.38 1020 607552 04/16/04 M2004 EXECUTIVE SOFTWARE 6104SO0 DISKKEEPER 3/04-3/05 O. 00 1901. 51 1020 607553 04/16/04 260 FEDERAL EXPRESS CORP 1101500 CITY V REED COURIER O. 00 20.77 1020 607554 04/16/04 1210 FORMA TOP 1108501 SUPPLIES 0.00 59.16 >020 607555 04/16/04 268 FOSTER BROS SECURITY SYS 1108505 KEY/LOCK SUPPLIES 0.00 39.57 1020 607556 04/16/04 M GARABEDIAN. LARRY 5SO Refund, Check - Return 0.00 300.00 1020 607557 04/16/04 281 GARDENLAND 1108303 PARTS/SUPPLIES A25442 0.00 178.35 1020 607557 04/16/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC O. 00 2.99 1020 607557 04/16/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC O. 00 47.11 TOTAL CHECK O. 00 228.45 1020 607558 04/16/04 1741 GOVCONNECTION. INC. 6104SO0 SUPPLIES 15544 0.00 242.48 1020 607558 04/16/04 1741 GOVCONNECTION, INC. 6104800 SUPPLIES 15544 0.00 154.SO 1020 607558 04/16/04 1741 GOVCONNECTION. INC. 6104800 RETURN 15544 O. 00 -154.79 TOTAL CHECK 0.00 242.49 1020 607559 04/16/04 298 GRAINGER INC 1108303 PARTS/SUPPLIES O. 00 51. 64 1020 607560 04/16/04 3122 GRASS FARM 1108312 SOD A25374 0.00 212.97 1020 607561 04/16/04 301 GRAYBAR ELECTRIC CO INC 1108505 PARTS/SUPPLIES 0.00 307.41 1020 607561 04/16/04 301 GRAYBAR ELECTRIC CO INC 1108501 PARTS/SUPPLIES 0.00 172.56 1020 607561 04/16/04 301 GRAYBAR ELECTRIC CO INC 1108501 PARTS/SUPPLIES 0.00 -172.56 1020 607561 04/16/04 301 GRAYBAR ELECTRIC CO INC 1108501 PARTS/SUPPLIES O. 00 -102.63 TOTAL CHECK 0.00 204.78 1020 607562 04/16/04 2630 GREGORY B. BRAGG & ASSOC 6204550 W. COMP ADMIN APR04 0.00 1653.75 1020 607562 04/16/04 2630 GREGORY B. BRAGG & ASSOC 6204550 BILL REVIEW MAR04 0.00 5891. 40 TOTAL CHECK 0.00 7545.15 1020 607563 04/16/04 899 GUZZARDO & ASSOCIATES IN 1108101 SERVICE AGREEMENT FOR O. 00 11297.71 1020 607564 04/16/04 3026 HEALTH CARE DENTAL TRUST 110 CEA 1539-0006 0.00 5978.94 1020 607564 04/16/04 3026 HEALTH CARE DENTAL TRUST 110 UNREP 1539-0004 0.00 3723. 02 1020 607564 04/16/04 3026 HEALTH CARE DENTAL TRUST 110 OE3 1539-0005 0.00 4117.68 TOTAL CHECK 0.00 13819.64 RUN DATE 04/15/04 TIME 11,>0,23 - FINANCIAL ACCOUNTING 5-) C4/I5/C4 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUNO SELECTION CRITERIA, transact. trans_date between "04/12/2004" and "04/H/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND ISSUE DT uu__uuuuVENDORuuuu_uu FUND/DEPT 1020 607577 04/16/04 M 1020 607578 04/16/04 3126 1020 607579 04/16/04 M2004 1020 607580 04/16/04 1587 1020 607581 04/16/04 2912 1020 607582 04/16/04 3011 1020 607582 04/16/04 3011 1020 607565 1020 607565 TOTAL CHECK 1020 1020 607566 607566 1020 607566 1020 607566 1020 607566 TOTAL CHECK 1020 607567 1020 607568 1020 607568 TOTAL CHECK 1020 607569 1020 607570 1020 607570 TOTAL CHECK 1020 607571 1020 607572 1020 607573 1020 607573 TOTAL CHECK 1020 607574 1020 607575 1020 607576 1020 607576 TOTAL CHECK 04/16/04 2027 MARSHA HOVEY 1104400 04/16/04 2027 MARSHA HOVEY 1104400 04/16/04 2528 INDOOR BILLBOARD 1108312 04/16/04 2528 INDOOR BILLBOARD 1108303 04/16/04 2528 INDOOR BILLBOARD 1108302 04/16/04 2528 INDOOR BILLBOARD 1108314 04/16/04 2528 INDOOR BILLBOARD 1108315 04/16/04 347 INDUSTRIAL WIPER 630as40 04/16/04 995 tNSERV COMPANY 1108501 04/16/04 995 INSERV COMPANY 1108504 04/H/04 369 KELLY-MOORE PAINT CO INC 2708404 04/16/04 3153 KELLY-MOORE PAINT CO, IN 1108312 04/16/04 3153 KELLY-MOORE PAINT CO, IN 1108312 04/1'/04 385 LAB SAFETY SUPPLY 1108005 04/16/04 2300 BARBARA LAUX 5506549 04/H/04 390 LAWSON PRODUCTS INC 2708405 04/16/04 390 LAWSON PRODUCTS tNC 2708405 04/16/04 396 PHILLIP M LENIHAN 5806449 04/16/04 ME2004 LEVY. KAREN 5806449 04/16/04 2357 04/16/04 2357 LIGHTHOUSE LIGHTHOUSE 630as40 630as40 LIMA. BELINDA 5SO LIVE OAR ADULT DAY SERVI 1107406 LOCAL GOVERNMENT COMMISS 1101405 LONG TERM CARE OMBUDSMAN 1107406 LUCKY I & I PORTABLE SER 5208003 MANNING. COLLEEN MANNING. COLLEEN 5806349 5706450 RUN DATE 04/15/04 TIME 11,10,23 - u uDESCRIPTION- u u- SALES TAR SUPPLIES 0.00 SUPPLIES 0.00 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 0.00 RAGS A25433 0.00 WATER TRTMNT APRIL04 0.00 WATER TRTMNT APRIL04 0.00 0.00 PAINT SUPPLIES A25412 0.00 PAINT SUPPLIES A254O6 0.00 PAINT SUPPLIES A25411 0.00 O. 00 HAZMAT SPLY A25434 0.00 SERVICE AGREEMENT FOR 0.00 PARTS/SUPPLIES A25444 0.00 PARTS/SUPPLIES A25444 0.00 0.00 SERVICE AGREEMENT FOR 0.00 SUPPLIES BUNNY RUN O. 00 TRAFFIC ADV A25436 0.00 SUPPLIES 0.00 0.00 Refund, Check - SPRING O. 00 HUMAN SERVICE GRANT 0.00 LCL GVRNMT COMM DUES 0.00 HUMAN SERVICE GRANTS 0.00 RENTAL 0.00 BUNNY RUN SUPPLIES 0.00 SPORTS CNTR SUPPLIES 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 21.40 57.92 79.32 128.33 128.33 128.33 128.34 128.34 641. 67 308.85 211.63 211.63 423.26 26.14 366 .85 183 .21 550 .06 196 .25 SOO. 00 116.68 145.21 261.89 175.00 76.83 373.90 186.95 560.85 110. 00 7820. 00 75.00 41'5.00 92. 01 62.11 19.56 )'-& 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DtSBURSEMENT FUND SELECTION CRITERIA, transact.trans_date between "04/12/2004" and "04/16/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO 1020 607582 TOTAL CHECK 1020 607583 1020 607584 1020 607585 1020 607586 1020 607587 1020 607587 1020 607587 TOTAL CHECK 1020 607588 1020 607588 TOTAL CHECK 1020 607589 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 1020 607590 TOTAL CHECK 1020 607591 1020 607592 1020 607592 TOTAL CHECK 1020 1020 1020 607593 607593 607593 ISSUE DT uuu--hu--VENDOR-h_h_.-._u FUND/DEPT 04/16/04 30n MANNING, COLLEEN nO6343 04/16/04 M MARCHI, JUDITH 580 04/16/04 1378 RICARDO MARTINEZ 5708510 04/16/04 986 MATTHEW BENDER. COMPANY nOBlOI 04/16/04 444 MINTON'S LUMBER 5806349 04/16/04 465 04/16/04 465 04/16/04 465 MOUNTAIN VIEW GARDEN CEN nO8321 MOUNTAIN VIEW GARDEN CEN nO8321 MOUNTAIN VIEW GARDEN CEN nO8303 04/16/04 474 04/16/04 474 NATIONAL BUSINESS PURNIT 5706450 NATIONAL BUSINESS PURNIT 5706450 04/16/04 M2004 NPH n07405 04/16/04 493 OFFICE DEPOT n02401 04/16/04 493 OFFICE DEPOT nOlO 0 0 04/16/04 493 OFFICE DEPOT n03500 04/16/04 493 OFFICE DEPOT 5806249 04/16/04 493 OFFICE DEPOT nO8201 04/16/04 493 OFFICE DEPOT n04300 04/16/04 493 OFFICE DEPOT n04300 04/16/04 493 OFFICE DEPOT n04300 04/16/04 493 OFFICE DEPOT nO3300 04/16/04 493 OFFICE DEPOT n045IO 04/16/04 493 OFFICE DEPOT nO3300 04/16/04 493 OFFICE DEPOT n07405 04/16/04 493 OFFICE DEPOT n07405 04/16/04 493 OFFICE DEPOT nO1200 04/16/04 493 OFFICE DEPOT n045IO 04/16/04 493 OFFICE DEPOT n045IO 04/16/04 493 OFFICE DEPOT n07405 04/16/04 493 OFFICE DEPOT nO1200 04/1'/04 n90 RONALD OLDS n03500 04/1'/04 503 ORCHARD SUPPLY 5606620 04/16/04 503 ORCHARD SUPPLY 5606620 04/1'/04 1220 04/1'/04 1220 04/16/04 1220 ORCHARD SUPPLY HARDWARE nO831' ORCHARD SUPPLY HARDWARE n08504 ORCHARD SUPPLY HARDWARE n08504 RUN DATE 04/15/04 TIME n,10,23 --h-oESCRIPTION------ TEEN CENTER SUPPLIES Refund, Check - Return SERV CALL 12/1 CA PUBLIC CONTRACT BUNNY RUN 25449 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC SUPPLIES SUPPLIES NPH MBRSHP RNWL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE FILE OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLtES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COFFEE SUPPLIES COFFEE SUPPLIES OFFtCE SUPPLIES OFFICE SUPPLIES VTR MAINT. 3/31-4/n FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC SUPPLIES SUPPLIES DISCOUNT STMT 3/26 SALES TAX 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 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 PAGE 6 AMOUNT 17.66 99.33 300.00 1000.00 122.54 6.28 189.82 102.n n9.35 411.28 888.91 224.48 In3.39 300.00 n6.04 71.98 135.30 n9.n 71.55 33.49 19.87 37 .4' 12.96 22.58 33.91 33 .56 17.69 27.19 86.73 86.73 29.95 64.89 1020.99 891.25 63 .59 -2.25 61. 34 13.72 10.26 -4.98 )'-7 04/15/04 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, eransace.erans_daee beeween "04/12/2004" and "04/16/2004" FUND . 110 . GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR-uuuuuu FUND/DEPT . -- --DESCRIPTIONuuu SALES TAX AMOUNT TOTAL CHECK 0.00 19.00 1020 607594 04/16/04 513 PACIFIC GAS & ELECTRIC ( 1108506 2/26-3/26 0.00 4.24 1020 607594 04/16/04 513 PACIFIC GAS & ELECTRIC ( 5606620 2/26-3/26 0.00 24.52 1020 607594 04/16/04 513 PACIFIC GAS & ELECTRIC ( 5606620 2/26-3/26 0.00 126.30 TOTAL CHECK 0.00 155.06 1020 607595 04/16/04 515 PACIFIC WEST SECURITY IN 1108506 SERVICE CALL 3/23 0.00 35.00 1020 607596 04/16/04 526 PENINSULA DIGITAL lMAGIN 4239222 CC&L IMPROVE PLANS 0.00 724.33 1020 607596 04/16/04 526 PENINSULA DIGITAL lMAGIN 1108101 BMP SHEETS 0.00 70.90 TOTAL CHECK o. 00 795.23 1020 607597 04/16/04 690 PENINSULA FORD 6308840 FY 2003-2004 OPEN PURC 0.00 27.24 1020 607597 04/16/04 690 PENINSULA FORD 6308840 FY 2003-2004 OPEN PURC 0.00 42.48 TOTAL CHECK 0.00 69.72 1020 607598 04/16/04 M PIEDMDNT. DIANE sao Refund, Check - RETURN 0.00 100.00 1020 607599 04/16/04 542 PINE CONE LUMBER 1108830 SUPPLIES 0.00 229.63 1020 607599 04/16/04 542 PINE CONE LUMBER 1108312 LUMBER A25410 0.00 462.53 1020 607599 04/16/04 542 PINE CONE LUMBER 1108501 SUPPLIES 0.00 27.57 1020 607599 04/16/04 542 PINE CONE LUMBER 1108501 SUPPLIES 0.00 120.48 TOTAL CHECK 0.00 840 .21 1020 607600 04/16/04 545 JEFF PISERCHIO 5606640 SERVICE 3/31-4/17/04 0.00 1956.00 1020 607601 04/16/04 1929 LEON C. PIROFALO 1107302 GENERAL PLAN CONSULT 0.00 4660.90 1020 607602 04/16/04 509 PW SUPERMARKETS INC 1106647 MUSEUM SUPPLIES 23380 0.00 33.05 1020 607603 04/16/04 561 PYRO SPECTACULARS INC 1106448 PROVIDE FIREWORKS DISP 0.00 15000.00 1020 607604 04/16/04 2802 QUANTUM DESIGN 6109869 WEB HOSTING APRIL04 0.00 1500. 00 1020 607605 04/16/04 576 REED & GRAHAM INC 2708405 SUPPLIES 0.00 43.25 1020 607606 04/16/04 1071 REPUBLIC ELECTRIC 1108830 TIME/MATERIALS 0.00 660.00 1020 607607 04/16/04 842 ROBERT A BOTHMAN INC 4259313 PUBLIC WORKS CONTRACT 0.00 120748.70 1020 607608 04/16/04 2482 ROBERT RALF TECHNOLOGY 6104800 C.FUNDERBURK 3/26 0.00 864.00 1020 607608 04/16/04 2482 ROBERT HALF TECHNOLOGY 6104800 C.FUNDERBURK 4/02 0.00 864.00 TOTAL CHECK 0.00 1728.00 1020 607609 04/16/04 601 ROYAL BRASS INC 6308840 SUPPLIES A25443 0.00 202.83 1020 607610 04/16/04 2043 RUDE' S PEST MANAGEMENT 1108503 RODENT BAIT 0.00 180 .00 1020 607610 04/16/04 2043 RUDE'S PEST MANAGEMENT 1108501 RODENT BAIT 0.00 180.00 1020 607610 04/16/04 2043 RUDE' S PEST MANAGEMENT 1108504 RODENT BAIT 0.00 180 .00 1020 607610 04/16/04 2043 RUDE' S PEST MANAGEMENT 1108506 RODENT BAIT 0.00 180.00 RUN DATE 04/15/04 TIME 11,10,23 - FINANCIAL ACCOUNTING S--t 04/15/04 CtTY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "04/U/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT nnn__nn_-VENDORn_nnnnn FUND/DEPT -----DESCHIPTION------ SALES TAX AMOUNT 1020 607610 04/16/04 2043 RUDE'S PEST MANAGEMENT 1108505 RODENT BAIT 0.00 180.00 TOTAL CHECK 0.00 900.00 1020 607611 04/16/04 3134 SAN FRANCISCO GIANTS 5506549 GAME 5/12 VS PHI 0.00 320. 00 1020 607612 04/16/04 621 THE MERCURY NEWS 2607401 AD 653846 3/02/04 0.00 303.94 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 2/26-3/29/04 0.00 275.96 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 69. 02 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 73.56 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/31/04 O. 00 82.71 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/28/04 0.00 25.03 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 25.03 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 23 .20 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 13.03 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 9.37 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 26.86 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 207.25 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 91.87 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108312 2/26-3/29/04 0.00 451. 78 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 59.65 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5708510 2/26-3/29/04 0.00 184 .39 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108408 2/26-3/29/04 0.00 120.26 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108504 2/26-3/29/04 0.00 90.99 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108504 2/26-3/29/04 0.00 92.82 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108303 2/26-3/29/04 0.00 74.51 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108303 2/26-3/29/04 0.00 775.94 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/26-3/29/04 0.00 34 .18 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5606640 2/26-3/29/04 0.00 1372.34 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108504 3/03-3/31/04 0.00 9.00 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5606620 2/26-3/29/04 0.00 109.31 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5606620 2/26-3/29/04 0.00 90.99 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108312 2/26-3/29/04 0.00 431. 63 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108312 2/26-3/29/04 0.00 372.68 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108312 2/04-4/02/04 0.00 568.94 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/04-4/02/04 0.00 20.86 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 4209116 2/04-4/05/04 0.00 158.46 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108502 3/03-3/31/04 LIBRARY 0.00 36 .50 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108505 2/26-3/29/04 0.00 343.73 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108505 3/03-3/31/04 0.00 9.00 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108321 3/03-3/31/04 0.00 36 .50 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 2/25-3/26/04 0.00 266.82 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108321 2/25-3/26/04 0.00 166 .51 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108315 2/25-3/26/04 0.00 892.61 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108315 2/25-3/26/04 0.00 121. 94 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 2/25-3/26/04 0.00 621. 21 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/25-3/26/04 0.00 526.78 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 2/25-3/26/04 0.00 552.77 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108315 3/03-3/31/04 0.00 36 .50 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108315 2/25-3/26/04 0.00 1117.32 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108315 2/25-3/26/04 0.00 61.59 RUN DATE 04/15/04 TIME 11,10,23 - FINANCIAL ACCOUNTING ')-1 04/1S/D4 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between" 04/12/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT n_- ----------VENDOR------------- FUND/DEPT 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108506 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108321 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5708510 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5606620 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108506 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5606620 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 5708510 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108303 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108303 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108303 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108503 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108407 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108507 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108302 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 1020 607616 04/16/04 625 SAN JOSE WATER COMPANY 1108314 TOTAL CHECK 1020 607617 04/16/04 626 SANTA CLARA CO DEPT OF R 1102100 1020 607618 04/16/04 1919 SANTA CLARA VALLEY TRANS 5500000 1020 607618 04/16/04 1919 SANTA CLARA VALLEY TRANS 5500000 TOTAL CHECK 1020 607619 04/16/04 2397 SAVIN CREDIT CORPORATION 1104310 1020 607620 04/16/04 2692 SBC 5606620 1020 607620 04/16/04 2692 SBC 5606640 1020 607620 04/16/04 2692 SBC 1108201 1020 607620 04/16/04 2692 SBC 1108501 1020 607620 04/16/04 2692 SBC 1108503 1020 607620 04/16/04 2692 SBC 1108507 1020 607620 04/16/04 2692 SBC 1108508 1020 607620 04/16/04 2692 SBC 1108509 TOTAL CHECK RUN DATE 04/15/04 TIME 11,10,23 PAGE 9 -----DESCRIPTION----.- SALES TAX AMOUNT 2/25-3/26/04 0.00 38.76 2/25-3/26/04 0.00 91.87 2/25-3/26/04 0.00 39.68 2/25-3/26/04 0.00 11.20 2/25-3/26/04 0.00 71. 73 2/25-3/26/04 0.00 15.87 2/25-3/26/04 0.00 15.87 2/25-3/26/04 0.00 87.33 3/03-3/31/04 0.00 36 .50 2/25-3/26/04 0.00 21.36 3/03-3/31/04 0.00 9.00 2/25-3/26/04 0.00 9.99 2/25-3/26/04 0.00 28.69 2/25-3/26/04 0.00 15.87 2/25-3/26/04 0.00 23.20 2/25-3/26/04 0.00 79.97 2/25-3/26/04 0.00 72.68 2/25-3/26/04 0.00 38.76 2/25-3/26/04 0.00 464.60 2/25-3/26/04 0.00 61.69 2/25-3/26/04 0.00 387.68 2/25-3/26/04 0.00 1270.41 2/25-3/26/04 0.00 83 .67 2/25-3/26/04 0.00 74.51 2/25-3/26/04 0.00 72.68 2/25-3/26/04 0.00 80.00 2/25-3/26/04 0.00 90.99 2/25-3/26/04 0.00 160.59 2/25-3/26/04 0.00 147.77 2/25-3/26/04 0.00 330.91 2/25-3/26/04 0.00 631.22 3/03-3/31/04 0.00 9.00 0.00 15205.45 CITATIONS FEB 2004 0.00 2665.00 TICKETS/PASSES FEB04 0.00 227 .50 TICKETS/PASSES MAR04 0.00 262.50 0.00 490.00 H2400800225 MAY2O04 0.00 137.83 2/29-3/28 0.00 162 . 44 2/29-3/28 0.00 167.83 2/29-3/28 0.00 253.03 2/29-3/28 0.00 116.85 2/29-3/28 0.00 55.35 2/29-3/28 0.00 55.35 2/29-3/28 0.00 61.20 2/29-3/28 0.00 55.35 0.00 927.40 - FINANCIAL ACCOUNTING ç~'D 04/15/04 ACCOUNTING PERIOD, >0/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "04/12/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -_u__n_nn-VENDORnnnn_nn FUND/DEPT >020 607621 04/16/04 511 SBC/MCI 1101500 1020 607621 04/16/04 511 SBC/MCI 1108501 1020 607621 04/16/04 511 SBC/MCI 1108504 1020 607621 04/16/04 511 SBC/MCI 1108505 1020 607621 04/16/04 511 SBC/MCI 5708510 1020 607621 04/16/04 511 SBC/MCI 1108503 1020 607621 04/16/04 511 SBC/MCI 5606620 1020 607621 04/16/04 511 SBC/MCI 1108501 1020 607621 04/16/04 511 SBC/MCI 1108501 1020 607621 04/16/04 511 SBC/MCI 1101500 1020 607621 04/16/04 511 SBC/MCI 1108505 1020 607621 04/16/04 511 SBC/MCI 5708510 1020 607621 04/16/04 511 SBC/MCI 1108504 1020 607621 04/16/04 511 SBC/MCI 1108501 1020 607621 04/16/04 511 SBC/MCI 1108503 TOTAL CHECK 1020 607622 04/16/04 1589 SECOND HARVEST FOOD BANK 1107406 1020 607623 04/16/04 2189 SETNESS TOURS 5506549 1020 607624 04/16/04 2051 SIADAT ENTERPRISES. INC. 6308840 1020 607625 04/16/04 652 SIERRA SPRINGS WATER CO. 1101500 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINICE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINICE 4239222 1020 607626 04/16/04 2415 SIMON MARTIN-VEGUE WINICE 4239222 TOTAL CHECK 1020 607627 04/16/04 2810 SMART & FINAL 5806349 1020 607627 04/16/04 2810 SMART & FINAL 5806349 TOTAL CHECK 1020 607628 04/16/04 662 SNADER AND ASSOCIATES IN 1103500 1020 607629 04/16/04 1116 SONY ELECTRONICS INC 1103500 1020 607630 04/16/04 671 STANDARD BUSINESS MACHIN 4239222 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 630 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 110 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 5700000 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 560 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 580 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 570 RUN DATE 04/15/04 TIME 11,>0,23 PAGE 10 - n--DESCRIPTION- u_-- SALES TAX AMOUNT #2719770 3/01-4/06 o. 00 89 .29 #2719770 3/01-4/06 0.00 89 .30 #2719770 3/01-4/06 O. 00 89 .30 #2719770 3/01-4/06 0.00 89.30 #2719770 3/01-4/06 0.00 89.30 #2719770 3/01-4/06 0.00 89.30 #2719770 3/01-4/06 0.00 89.30 #2719771 3/01-4/06 0.00 89.30 #2719421 3/01-4/06 0.00 244.87 #2719421 3/01-4/06 0.00 244.87 #2719421 3/01-4/06 0.00 ' 244.87 #2719421 3/01-4/06 O. 00 244.87 #2719421 3/01-4/06 o. 00 489.68 #2522405 3/15-4/15 0.00 16. 09 #2719421 3/01-4/06 0.00 244.87 0.00 2444.51 HUMAN SERVICE GRANT 0.00 4590.00 TRI - VALLEY TOUR 0.00 1110 .00 CAR WASHES 2/1-4/5/04 O. 00 201.50 BOTTLED DRINKING WTR 0.00 7.35 PUBLIC WORKS CONTRACT 0.00 28190.02 PUBLIC WORKS CONTRACT 0.00 1374.09 PUBLIC WORKS CONTRACT 0.00 2617.01 PUBLIC WORKS CONTRACT 0.00 6537.00 PUBLIC WORKS CONTRAcr 0.00 1378.30 PUBLIC WORKS CONTRAcr 0.00 34450. 00 PUBLIC WORKS CONTRACT 0.00 312.13 0.00 74858.55 SUPPLIES A25718 0.00 139.00 SUPPLIES A25716 0.00 219.75 0.00 358.75 SUPPLIES 16476 0.00 183.83 SUPPLIES 31653 0.00 445.86 CANNON IR2010F COPIER 0.00 351. 81 JAN-MAR 2004 PAYMENT 0.00 31.35 JAN-MAR 2004 PAYMENT 0.00 -922. 00 JAN-MAR 2004 PAYMENT 0.00 185.16 JAN-MAR 2004 PAYMENT 0.00 2.10 JAN-MAR 2004 PAYMENT 0.00 267 .05 JAN-MAR 2004 PAYMENT 0.00 416.41 - FINANCIAL ACCOUNTING )-11 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, "ansacLtrans_date between "04/12/2004" and "04/16/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT 1020 607631 04/16/04 1011 STATE BOARD OF EQUALlZAT 550 1020 607631 04/16/04 1011 STATE BOARD OF EQUALlZAT 520 1020 607631 04/16/04 1011 STATE BOARD OF EQUALIZAT 426 1020 607631 04/16/04 1011 STATE BOARD OF EQUALlZAT 270 1020 607631 04/16/04 1011 STATE BOARD OF EQUALlZAT 110 TOTAL CHECK 1020 607632 04/16/04 3045 SUGIMURA & ASSOCIATES 1108501 1020 607632 04/16/04 3045 SUGIMURA & ASSOCIATES 1108101 1020 607632 04/16/04 3045 SUGlMURA & ASSOCIATES 4209225 TOTAL CHECK 1020 607633 04/16/04 951 SUMMERHINDS GARDEN CNTR. 1108303 1020 607634 04/16/04 M2004 SUPERSTAR/NETLINK GROUP 1103500 1020 607635 04/16/04 3013 SHlNERTON BUILDERS 4239222 1020 607636 04/16/04 701 TARGET STORES 5706450 1020 607636 04/16/04 701 TARGET STORES 5806249 1020 607636 04/16/04 701 TARGET STORES 5706450 1020 607636 04/16/04 701 TARGET STORES 5806349 TOTAL CHECK 1020 607637 04/16/04 3107 JAMES TAYLOR 1103500 1020 607638 04/16/04 1876 TEKTRONIX INC 1103500 1020 607639 04/16/04 M2004 THE MASTER TEACHER 2204011 1020 607640 04/16/04 648 TMT ENTERPRISES. INC. 1108314 1020 607640 04/16/04 648 TMT ENTERPRISES. INC. 1108315 1020 607640 04/16/04 648 TMT ENTERPRISES. INC. 1108312 TOTAL CHECK 1020 607641 04/16/04 1053 TUBAN INDUSTRIAL PRODUCT 6308840 1020 607642 04/16/04 733 UPBEAT INC 1108314 1020 607642 04/16/04 733 UPBEAT INC 1108312 1020 607642 04/16/04 733 UPBEAT INC 1108303 TOTAL CHECK 1020 607643 04/16/04 ME2004 VALERIE SMULLEN 5506549 1020 607643 04/16/04 ME2004 VALERIE SMULLEN 5506549 1020 607643 04/16/04 ME2004 VALERIE SMULLEN 5506549 1020 607643 04/16/04 ME2004 VALERIE SMULLEN 5506549 TOTAL CHECK 1020 607644 04/16/04 738 VALLEY OIL COMPANY 6308840 1020 607645 04/16/04 M2004 VINCE LA PORTA 1104400 RUN DATE 04/15/04 TIME 11,10,23 PAGE 11 -----DESCRIPTION------ SALES TAX AMOUNT JAN-MAR 2004 PAYMENT 0.00 67.16 JAN-MAR 2004 PAYMENT 0.00 24.77 JAN-MAR 2004 PAYMENT 0.00 4880.54 JAN-MAR 2004 PAYMENT 0.00 307.32 JAN-MAR 2004 PAYMENT 0.00 724 . 14 0.00 5984.00 PUBLIC WORKS CONTRACT 0.00 107.09 PUBLIC WORKS CONTRACT 0.00 116.00 PUBLIC WORKS CONTRACT 0.00 397.51 0.00 620.60 LANDSCAPE SPLY A25448 0.00 452.22 C-BAND PKG RENEWAL 0.00 67.97 PUBLIC WORKS CONTRACT 0.00 1058016.00 SUPPLIES A262B9 0.00 78.54 SUPPLIES 25502 0.00 10.21 SUPPLIES 25457 0.00 34.15 SUPPLIES A25625 0.00 39.96 0.00 162.86 CONTROL ROOM INSTALL 0.00 1530.00 SUPPLIES 16477 0.00 49.92 TLT GRAD. KEY CHAINS 0.00 139.60 BASEBALL INPIELD MIX 0.00 361.69 BASEBALL INFIELD MIX 0.00 361. 69 BASEBALL INFIELD MIX 0.00 361. 70 0.00 1085.08 PARTS 20223 0.00 40.85 GARBAGE CAN AND LINER 0.00 1385.80 GARBAGE CAN AND LINER 0.00 1385 .80 GARBAGE CAN AND LINER 0.00 1385.80 0.00 4157.40 GRATUITY TRI VALLEY 0.00 40.00 TROAT PARM 0.00 88.00 ENTRANCE PEE YOSEMITE 0.00 300.00 GRATUITY MYSTERY TRIP 0.00 100.00 0.00 528.00 FY 2003-2004 OPEN PURC 0.00 84.50 RADIO ROOM EQUIPMENT 0.00 214.72 - FINANCIAL ACCOUNTING 5"-/2 04/15/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "04/12/2004" and "04/16/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 607646 1020 607647 1020 607647 TOTAL caECK 1020 607648 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISS'Æ DT u_u_---_u--VENDOR-_u--------- FUND/DEPT 04/16/04 1839 04/16/04 774 04/16/04 774 04/16/04 2243 RUN DATE 04/15/04 TIME 11,10,23 KRIS WANG 1107200 WESTERN HIGHWAY PRODUCTS 2708405 WESTERN HIGHWAY PRODUCTS 2708405 YALE-PACIFIC. INC. 6308840 u- - -DESCRIPTIONuu -- PAGE 12 SALES TAX AMOUNT MONTEREY TRIP 3/31 0.00 558.00 FY 2003-2004 OPEN PURC 0.00 1103.17 FY 2003-2004 OPEN PURC 0.00 443.83 0.00 1547.00 SUPPLIES 0.00 177 .30 0.00 1469466.62 0.00 1469466.62 0.00 1469466.62 - FINANCIAL ACCOUNTING S- -{ 3 DRAFT RESOLUTION NO. 04-300 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 APRIL 23, 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: ~a.Û~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of May , 2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino <)-(1.{ ~ 04/22/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 1 SELECTION CRITERIA, transact. trans_date between "04/l9/2004" and "04/23/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---_uuu_u-VENDORuuuu_uu FUND/OEPT --- --DESCRIPTION-u- - - SALES TAX AMOUNT 1020 607649 04/23/04 M2004 888 AlITa CORPORATION 110 REFD APPLICATION FEE 0.00 277 .46 1020 607649 04/23/04 M2004 888 AlITO CORPORATION 1100000 REFO APPLICATION FEE 0.00 616.00 1020 607649 04/23/04 M2004 888 AlITO CORPORATION 110 REFD APPLICATION FEE 0.00 50.00 TOTAL CHECK 0.00 943.46 1020 607650 04/23/04 4 AT' T 1108501 APRIL 2004 STATEMENT 0.00 22.£8 1020 607651 04/23/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 PRESCHL SUPPLY 22963 0.00 70.38 1020 607652 04/23/04 2276 ALHAMBRA 1106265 FY 2003-2004 OPEN PURC 0.00 71.90 1020 607653 04/23/04 44 AMERICAN RED CROSS 1104400 CERTIFICATION FEES 0.00 88.00 1020 607654 04/23/04 2013 BAY AREA DISTRIBlITING CO 6308840 SUPPLtES A25457 0.00 353.76 1020 607655 04/23/04 2179 BIGGS CARDOSA ASSOCIATES 2709449 PROF SERV 3/1-3/31/04 0.00 130000.00 1020 607656 04/23/04 1712 BOETHING TREELAND FARMS 4239222 CC AND LIBRARY TREES. 0.00 29038.35 1020 607657 04/23/04 1165 BRUCE BARTON PUMP SERVIC 1108501 PUMP REPAIRS A25455 0.00 420.94 1020 607658 04/23/04 1101 C.H. BULL CO. 1104400 YELLOW HARDHAT A25831 0.00 445.29 1020 607659 04/23/04 133 CAL-LINE EQUIPMENT CO IN 6308840 PARTS/SUPPLIES A25446 0.00 77.56 1020 607659 04/23/04 133 CAL-LINE EQUIPMENT CO IN 6308840 PARTS/SUPPLIES A25452 0.00 91.36 TOTAL CHECK 0.00 168 .92 1020 607660 04/23/04 2232 CARIAGA. LOURDES 110 CSGARNSMNT 0.00 306.50 1020 607660 04/23/04 2232 CARIAGA. LOURDES 110 SSGARNSMNT 0.00 103.84 TOTAL CHECK 0.00 410.34 1020 607661 04/23/04 149 CASH 1101000 P.CASH 4/12-4/21 0.00 29.56 1020 607661 04/23/04 149 CASH 1102401 P.CASH 4/12-4/21 0.00 51.52 1020 607661 04/23/04 149 CASH 1104000 P.CASH 4/12-4/21 0.00 11.50 1020 607661 04/23/04 149 CASH 1104100 P.CASH 4/12-4/21 0.00 9.50 1020 607661 04/23/04 149 CASH 1104300 P.CASH 4/12-4/21 0.00 13 .50 1020 607661 04/23/04 149 CASH 1104400 P.CASH 4/12-4/21 0.00 74.37 1020 607661 04/23/04 149 CASH 1104510 P.CASH 4/12-4/21 0.00 9.50 1020 607661 04/23/04 149 CASH 1107200 P.CASH 4/12-4/21 O. 00 10.00 1020 607661 04/23/04 149 CASH 1108303 P.CASH 4/12-4/21 0.00 21.08 1020 607661 04/23/04 149 CASH 2204010 P.CASH 4/12-4/21 0.00 69.35 1020 607661 04/23/04 149 CASH 6104800 P.CASH 4/12-4/21 0.00 9.50 1020 607661 04/23/04 149 CASH 6109856 P.CASH 4/12-4/21 O. 00 15.48 TOTAL CHECK O. 00 324.86 1020 607662 04/23/04 1057 CERIDIAN BENEFITS SERVIC 110 "FLEX DEP/240125 0.00 151. 92 1020 607662 04/23/04 1057 CERIDIAN BENEFITS SERVIC 110 "FLEX HLTH/240125 0.00 643.95 TOTAL CHECK 0.00 795.87 1020 607663 04/23/04 1156 CHA 110 CHA 0.00 140.85 RUN DATE 04/22/04 TIME 10, or, 02 - FINANCIAL ACCOUNTING :; ~() 04/22/04 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, .trans_date between "04/19/2004" and "04/23/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT nnnnnnnVENDORnnnnn_n FUND/DEPT n _nDESCRIPTION---h- SALES TAX AMOUNT 1020 607664 04/23/04 M CHAO, ASHLEY 580 Refund, Check - CANCEL 0.00 100.00 1020 607665 04/23/04 1453 CHRISTOPHERS 1108504 CARPET REPAIRS 0.00 120.00 1020 607666 04/23/04 1612 BARRIE D COATE 110 ARBORIST REPRT R24612 0.00 599.95 1020 607667 04/23/04 ME2004 COLIN JUNG 1107305 M. VISTA RECEPTION 0.00 238.87 1020 607668 04/23/04 178 COLONIAL LIFE & ACCIDENT 110 'COLONIAL 0.00 283.08 1020 607668 04/23/04 178 COLONIAL LIFE & ACCIDENT 110 COLONIAL 0.00 363.17 TOTAL CHECK 0.00 646.25 1020 607669 04/23/04 192 CUPERTINO MEDICAL CENTER 5806449 TB XRAY A.SHAH 0.00 45.00 1020 607670 04/23/04 1596 DESIGN IN WOOD FURNITURE 5?D6450 SUPPLIES A26288 0.00 269.54 1020 607671 04/23/04 2795 DEVCON ASSOCIATES XVI 4239222 TEMP LBRY RENT MAY04 0.00 161aO.00 1020 607672 04/23/04 M DITTMAN. ELIZABETH 580 Refund, Check - SFRING 0.00 120.00 1020 607673 04/23/04 3083 DYNAMIC GRAFHICS. INC. 1103400 LIQUID LIBRARY SUB 0.00 79.00 1020 607674 04/23/04 2762 ELEVATOR SERVICE CO.. IN 5606660 ELEVATOR REFAIRS 0.00 929.93 1020 607675 04/23/04 242 EMFLOYMENT DEVEL DEFT 110 SIT/932-0014-5 0.00 17437.79 1020 607676 04/23/04 243 EMPLOYMENT DEVELOPMENT 110 SDI/776-5260-0 0.00 1202.42 1020 607677 04/23/04 234 ENGINEERING DATA SERVICE 110 REFD MAILING NOTICES 0.00 1256.09 1020 607678 04/23/04 260 FEDERAL EXPRESS CORP 110 R25026 COURIER SERV 0.00 33.38 1020 607678 04/23/04 260 FEDERAL EXPRESS CORP 110 R25028 COURIER SERV 0.00 14.78 1020 607678 04/23/04 260 FEDERAL EXPRESS CORP 4239222 R.MCDONALD COURIER 0.00 16.69 1020 607678 04/23/04 260 FEDERAL EXPRESS CORP 6104800 GOVCONNECTION COURIER 0.00 16. a4 TOTAL CHECK 0.00 a!. 69 1020 607679 04/23/04 2843 FOLGER GRAPHIC INC 1103400 SCENE APRIL 2004 0.00 4026.45 1020 607680 04/23/04 298 GRAINGER INC 6308840 FY 2003-2004 OPEN PURC 0.00 60.66 1020 607681 04/23/04 M HONG. S.H. 580 Refund, Check - SPRING 0.00 100.00 1020 607682 04/23/04 2027 .MARSHA HOVEY 1104400 MRC SUPPLIES 0.00 1702. as 1020 607683 04/23/04 343 ICMA RETIREMENT TRUST-45 110 'ICMA 0.00 5787.13 1020 607684 04/23/04 353 IRON MOUNTAIN 1104300 RECORDS STORAGE 0.00 645.22 1020 607685 04/23/04 M2004 KASTELIC. JEANNIE 5506549 ESL MATERIAL DEVLPMNT 0.00 60.00 1020 607686 04/23/04 1630 KIDZ LOVE SOCCER INC 5806449 SERVICE AGREEMENT FOR 0.00 9683. 00 RUN DATE 04/22/04 TIME 10,01,02 - FINANCIAL ACCOUNTING ')-)10 04/22/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 3 SELECTION CRITERIA, transact. trans_date between "04/19/2004" and "04/23/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT _hhhhh_hVENDORh-----h__h FUND/DEPT -----DESCRIPTIONhh-- SALES TAX AMOUNT 1020 607687 04/23/04 3067 KMVT 15 1101031 MGMNT ACCESS MAR2004 0.00 2981.66 1020 607688 04/23/04 390 LAWSON PRODUCTS INC 2708405 SUPPLIES 0.00 49.67 1020 607689 04/23/04 3155 LEE WAYNE CORPORATION 1103300 CITY COUNCIL GtFTS 0.00 1117.87 1020 607690 04/23/04 2999 LESCO 1108314 FY 2003-2004 OPEN PURC 0.00 191.61 1020 607691 04/23/04 M2004 LISA GIEFER 1101070 PLANNING CONF EXPS 0.00 32.77 1020 607692 04/23/04 444 MINTON'S LUMBER 1108303 SUPPLIES A25458 0.00 64.84 1020 607693 04/23/04 2567 MISDU 110 J TRYBUS 385960533 0.00 221. SO 1020 607694 04/23/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 87 .24 1020 607694 04/23/04 447 MISSION LINEN SUPPLY 1108201 FY 2003-2004 OPEN PURC 0.00 87 .24 TOTAL CHECK 0.00 174.48 1020 607695 04/23/04 302 NATIONAL DEFERRED COMPEN 110 'NAT'L DEF 0.00 17692.67 1020 607696 04/23/04 M NORDYKE, LYNN 580 Refund, Check - SPRING 0.00 39.50 1020 607697 04/23/04 2488 POWERPLAN 6308840 SUPPLIES 0.00 790.65 1020 607698 04/23/04 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 731.04 1020 607699 04/23/04 833 PER S 110 PERS EMPLR 0.00 7054.72 1020 607699 04/23/04 833 PER S 110 PERS EMPLY 0.00 25914.30 1020 607699 04/23/04 833 PER S 110 PERS 1959 0.00 116.25 1020 607699 04/23/04 833 PER S 110 'PERS BYBK 0.00 123.70 1020 607699 04/23/04 833 PER S 110 'PERS BYBK 0.00 462.65 1020 607699 04/23/04 833 PER S 110 PERS SPEC 0.00 145.27 TOTAL CHECK 0.00 33816.89 1020 607700 04/23/04 1699 PACIFIC GAS & ELECTRIC C 4239222 LIBRARY TRANSFORMER 0.00 22776.21 1020 607701 04/23/04 515 PACIFIC WEST SECURITY IN 1108501 INSTALLATION/COVERS 0.00 440.00 1020 607702 04/23/04 M PARNANEN. MARJA 580 Refund, Check - SPRING 0.00 26.00 1020 607703 04/23/04 M PATHAK. CHARU 580 Refund, Check - SPRING 0.00 245.00 1020 607704 04/23/04 526 PENINSULA DIGITAL lMAGIN 4239222 CC&L SINAGE PLANS 0.00 196.13 1020 607705 04/23/04 690 PENINSULA FORD 6308840 FY 2003-2004 OPEN PURC 0.00 20.25 1020 607706 04/23/04 533 PERS LONG TERM CARE PROG 110 PERS LTC/2405 0.00 119.15 1020 607707 04/23/04 560 PUBLIC DIALOGUE CONSORT I 1102401 BLK LDR CONVERSATION 0.00 7500.00 RUN DATE 04/22/04 TIME 10,01,02 - FINANCIAL ACCOUNTING )-/7 04/22/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 4 SELECTION CRITERIA, transact.trans_date between "04/>9/2004" and "04/23/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT u_u---------VENDOR--------_u_- FUND/DEPT - huDESCRIPTION-- uu SALES TAX AMOUNT 1020 6O77OB 04/23/04 M2oo4 RAGAN COMMUNICATIONS 1104300 SUBSCRIPT BITS/PIECES 0.00 28.88 1020 607709 04/23/04 M2oo4 RANDLE HALL 1104400 INSTRUCTOR TRAINING 0.00 150.00 1020 607710 04/23/04 578 COLLEEN REGAN 5606600 SERVICE AGREEMENT FOR 0.00 63 .21 1020 607710 04/23/04 578 COLLEEN REGAN 5806449 SERVICE AGREEMENT FOR 0.00 315.70 1020 607710 04/23/04 578 COLLEEN REGAN 1106500 SERVICE AGREEMENT FOR 0.00 94.69 1020 607710 04/23/04 578 COLLEEN REGAN 5806349 SERVICE AGREEMENT FOR 0.00 315.70 "20 607710 04/23/04 578 COLLEEN REGAN 5806249 SERVICE AGREEMENT FOR 0.00 315.70 TOTAL CHECK 0.00 1105.00 1020 607711 04/23/04 258 SANTA CLARA COUNTY 110 V ORTEGA 563312780 0.00 588.00 1020 607712 04/23/04 2224 SANTA CLARA lINTY CLERK/R 110 TWO ENVIRONMNTL DECL 0.00 100.00 1020 607713 04/23/04 628 SANTA CLARA COUNTY SHERI 1102100 LAW ENFORCEMENT APR04 0.00 477846.40 1020 607714 04/23/04 633 SANTA CLARA COUNTY SHERI 5806449 BUNNY FUN RUN 4/10 0.00 406.24 1020 607715 04/23/04 1337 SANTA CLARA VALLEY TRANS 11OSoo5 FY04 3&4 QTR FEES 0.00 28740.00 1020 607716 04/23/04 1150 SAVIN CORPORATION 1104310 J423/P602 2/02-5/02 0.00 5887.81 1020 607717 04/23/04 1648 SAVIN CORPORATION (SUPPL 1104310 P60212oo058 4/28-7/27 0.00 936.00 1020 607718 04/23/04 2692 SBC 11OS501 2/29-3/28 0.00 64.90 1020 607718 04/23/04 2692 SBC 11OS504 2/27-3/26 0.00 77 .51 1020 607718 04/23/04 2692 SBC 11OS501 3/OS-4/07 0.00 55.13 1020 607718 04/23/04 2692 SBC 11OS501 3/OS-4/07 0.00 55.13 1020 607718 04/23/04 2692 SBC 57OS510 3/OB-4/07 0.00 55.13 1020 607718 04/23/04 2692 SBC 1108501 3/OB-4/07 0.00 55.13 TOTAL CHECK 0.00 362.93 1020 607719 04/23/04 511 SBC/MCI 11OB501 #5171195 3/16-4/19 0.00 92.46 1020 607720 04/23/04 644 SCREEN OESIGNS 5806449 BUNNY FUN RUN SHIRTS 0.00 1883.55 1020 607721 04/23/04 2446 SIGNA A RAMA 5606620 REMOVE AND INSTALL NEW 0.00 718.78 1020 607722 04/23/04 M SKEELS. V. OEAN 580 Refund, Check - Return 0.00 300.00 1020 607723 04/23/04 2810 SMART & FINAL 5706450 SUPPLIES A26328 0.00 324.01 1020 607724 04/23/04 1548 SOLANO PRESS BOOKS 1107200 REOEVELOPE/CALIFORNIA 0.00 70 .35 1020 607724 04/23/04 1548 SOLANO PRESS BOOKS 1107301 CEQA DESKBOOK 0.00 70 .35 TOTAL CHECK 0.00 140.70 1020 607725 04/23/04 677 STATE STREET BANK & TRUS 110 .PERS OEF 0.00 3962.86 1020 607726 04/23/04 701 TARGET STORES 5806349 SUPPLIES A25714 0.00 430.49 RUN DATE 04/22/04 TIME ",01,02 FINANCIAL ACCOUNTING )-fg- 04/22/04 ACCOUNTING PERIOD, 10/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "04/19/2004" and "04/23/20"" PUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT _nnn__-----VENDOR--_n_nuh- PUND/DEPT -----DESCRIPTION------ SALES TAX 1020 607727 04/23/04 1993 TREASURER OF ALAMEDA COU 110 A LOPEZ JR 566398126 0.00 1020 607728 04/23/04 1154 UNITED WAY OF SANrA CLM 110 UNITED WAY 0.00 1020 607729 04/23/04 M UPPALURU. NINA 580 Refund, Check - SPRING 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1101200 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 5208003 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108005 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108102 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108504 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108505 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 5806649 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108602 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 6104800 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1104530 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 5606620 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108501 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1107503 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108201 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1108503 #4088456999 MARCH04 0.00 1020 607730 04/23/04 310 VERIZON WIRELESS 1107501 #4088456999 MARCH04 0.00 TOTAL CHECK 0.00 1020 607731 04/23/04 774 WESTERN HIGHWAY PRODUCTS 2708405 FY 2003-2004 OPEN PURC 0.00 1020 607732 04/23/04 794 XEROX CORPORATION 1104310 RECYCLED PAPER 0.00 1020 607733 04/23/04 M YOO. JON I 580 REFDS 262816 & 262817 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 TOTAL REPORT 0.00 RUN DATE 04/22/04 TIME 10,01,02 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 253.84 99.00 45.00 48.52 44.28 63.13 150 .23 373.74 89.14 44.57 183.57 48.52 226.73 44.57 649.63 260.53 567.55 95.79 44.57 2935.07 487.13 1424.57 257.33 843401,38 843401.38 843401,38 5'-/7 RESOLUTION NUMBER 04-301 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 April 23,2004 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 $ 426,896.06 Less Employee Deductions $(118,791.81) NET PAYROLL $ 308.104.25 Payroll check numbers issued 74109 through 74335 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 May , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~ -I CRAFT RESOLUTION NO. 04-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, brush is growing in the CitY of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said brush constitutes a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the CitY Council of the CitY of Cupertino as follows: 1. That said brush does now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Fire Marshal; 3. That the 7th day of June, 2004, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers in the CitY Hall, CitY of Cupertino, are hereby set as the time and place where all property owners having any objections to the proposed removal of such brush may be heard; 4. That the Senior Building Inspector-Fire Marshal is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and fonn provided in Sections 9.08.040 of the Cupertino Municipal Code. PASSED AND ADOPTED at a regular meeting of the citY Council of the CitY of Cupertino this 3rd day of May 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor of Cupertino 7-1 DRAFT RESOLUTION NO. 04-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 9535, TOWN CENTER PHASE I, LOCATED AT 10251 AND 10271 TORRE AVENUE; DEVELOPER CTC FUNDING LLc.; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND EXECUTION OF AGREEMENT WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9535, Town Center Phase I, located at 10251 and 10271 Torre Avenue, showing certain avenues, drives, places, and roads by CTC Funding LLC; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Tract No. 9535, be and the same is hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3'd day of May 2004, by the following vote: Vote Members Qfthe Çili: Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~-I Resolution No. 04-304 Page 2 EXHIBIT "A" SCHEDULE OF BONO, FEES, AND DEPOSITS DEVELOPMENT: CTC Funding, LLC Tract No. # 9535 LOCATION: Town Center Phase I 10251 and 10271 Torre Avenue A. Faithful Performance Bond: $ 168,931.00 ONE HUNDRED SIXTY-EIGHT TIIOUSAND NINE HUNDRED THIRTY-ONE AND 00/100 DOLLARS B. Labor and Material Bond: $ 168,931.00 ONE HUNDRED SIXTY-EIGHT THOUSAND NINE HUNDRED TIIIRTY-ONE AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 10,136.00 TEN THOUSAND ONE HUNDRED THIRTY-SIX AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: THREE THOUSAND AND 00/100 DOLLARS $ 3,000.00 F. Storm Drainage Fee: $ 1,438.00 ONE THOUSAND FOUR HUNDRED THIRTY-EIGHT AND 00/100 DOLLARS G. One Year Power Cost: TWO HUNDRED TWENTY-FIVE AND 00/100 DOLLARS $ 225.00 H. Street Trees: By Developer I. Map Checking Fee: FIVE HUNDRED SIXTY -FOUR AND 00/100 DOLLARS $ 564.00 J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item #21 of agreement g- ;L City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services C OF CUPEIQ1NO Summary Agenda Item No. î Agenda Date: May 3, 2004 Subject: Consider adopting a resolution adopting the 2004-05 Annual Action Plan and the use of second program year (2004-05) Community Development Block Grant (CDBG) Funds. 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 the FY 2004-05 Annual Action Plan as required by the federal department of Housing and Urban Development (HUD). 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 Emenœncv Housin!! Consortium - Emer!!encv 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 $11,667.00 Support Network for Battered Women -Domestic Violence $5,900.00 Construction! AcquisitionlRehab $290,990.00 Cupertino Community Höusing for the Disabled - Le Beaulieu $216,900.00 Economic and Social Opportunities $45,000.00 Unallocated $29,090.00 Prol'ram 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 Agency may be funded through the General Fund Human Services Grant Program .. Agency may receive additional funding through the General Fund Human Services Grant Program q-l I TOTAL: I $524,000.00 I 2003-04 CDBG Allocation: Construction! AcquisitionlRehab $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. On April 5, 2004, the City Council held the first public hearing for both the allocation of CDBG funds and the Annual Plan. Since the Annual Plan has been in distribution for 30-days and no comments have been received, it is recommended that the City Council adopt both the Annual Plan and the allocations as recommended by the CDBG Steering Committee. Below are summaries of the CDBG Steering Committee actions and basic information regarding the content and purpose of the Annual Actual Plan. For further reference, staff has attached the April 5, 2004 staff report with attachments. CDBG Steerine: 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 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 1, 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 HUD. In addition, the CDBG Steering Committee also met and discussed the plan on April 8, 2004. r-~ PREPARED BY: 11.., Ii;! n. ~ Vera Oil, Senior Planner SUBMITTED BY: APPROVED BY: ~Æ 4Z e~ J-~ / CLJ Sbf- Steve Piasecki, Director David W. Knapp, City Manager of Community Development Attachments: Resolution No. 04- Fiscal Year 2004-05 Annual Action Plan Staffreport from AprilS, 2004 1-3 RESOLUTION NO. 04-305 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SUBMITTAL OF FUNDING PROPOSALS AND THE ANNUAL PLAN FOR THE 2"d (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; and WHEREAS, the City of Cupertino is required to submit an Annual Plan prior to being allowed to expend said funds; 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 of the Community Development Block Grant Administrative Regulations; and BE IT FURTHER RESOLVED that the City of Cupertino hereby approves the 2004-05 Annual Plan; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit the project proposals and the 2004-05 Annual Plan approved by the City Council to HUD; and 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 3,d day of May 2004 by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CJ..-t{ Ci iy of Cupertino Fiscal Year 2004-05 Annual Action Plan Approved by City Council May 3, 2004 9~) 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 limits 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 1-7 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: c. d. Development of new affordable units. Conversion of existing market rate units to affordable units. Down payment assistance programs. Second mortgage programs. a. b. 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 more than 20% of the monthly 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 9-f 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: c. d. 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. a. b. e. f. g. CITIZEN PARTICIPATION The Housing Services Division of the Community Development Department is the lead agency for overseeing the development 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 made 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. Despite the document's circulation to 30 agencies, the city of Cupertino did not receive any comments on the Annual Plan. CONSULTATION WITH OTHER JURISDICTIONS As standard practice, CDBG entitlement jurisdictions from 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 Page 5 of 12 c¡ -'1 meetings provided the opportunity for the City to consult with other jurisdictions on its proposed use of federal funds for the 2004 Program Year. 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 homelessness. 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 Page 6 of 12 q~O 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 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 complexes on a case-by-case basis when possible, for all economic segments of the community. PROGRAM MONITORING Performance monitoring for compliance 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 q~(l 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 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. Page 8 of 12 q~(~ 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 members 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 moving 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 domestic violence. The shelter provides support services including emergency housing to battered women. Page 9 of 12 1-(3 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 ACQUlSITION/REHABILIT 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. Since the original 1984 loan has not been repaid, the city of Cupertino will not be recommending the deferral of the proposed loan of $450,000. 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 1~N 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 home maintenance and removal 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. ADMINISTRA TION/F AIR 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 1~() loan fund and preparation of necessary plans. Project Description: Tasks include the monitoring of agreements with subrecipients, overview of the revolving loan fund and preparation of necessary plans. Page 12 of 12 cr~(' Mr. Richard Konda Asian Law Alliance 184 E. Jackson Street SanJose,CA95112 Lisa Breen-Strickland Support Network for Battered Women 1975 W. EI Camino Real, Suite 205 Mountain View, CA 94040 Paui 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 r 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, 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, CA 95112 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 EXIDBIT 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 Galanle BRiDGE Housing Corporation 1 Hawthorne S1. San Francisco, CA 94105 Jeff Oberdorfer First Community Housing 2 N Second Street #1250 San Jose, CA 95113 Chris Biock Charities Housing Corporation 195 E. San Fernando S1. San Jose, 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 SanJose,CA95110 1-/7 Asian Americans for Com. Involvement 2400 Moorpark Avenue San Jose, CA 95128 United Way Siiicon Vailey 1922 The Alameda San Jose, CA 95126-1430 Neighborhood Housing Services Siiicon Vailey 1156 North Fourth Street San Jose, CA 95112 Sobrato CET Center 701 Vine Street San Jose, CA 95110 Micheile 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 Vaiiey 60 S. Market Street, Suite 1000 San Jose, CA 95113 Bob Campbeii Project Match 512 VaileyWay Miipitas, CA 95035 Mari Eilen 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 Aiiiance 115 Gish Road, Suite 222 San Jose, CA 95112 Donna DiMonico Long Term Care Ombudsman Program Catholic Charities of Santa Clara Counly 2625 Zanker Road San Jose, CA 95134 c¡~n .~ CITVÒf CUPEIQ1NO 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. - 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 (HUD). 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 $11,667.00 Support Network for Battered Women -Domestic Violence $5,900.00 Construction! AcquisitionlRehab $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 Prol!ram Administration: $96,100.00 Administration $85,900.00 Mid-Peninsula Citizens for Fair Housing $10,200.00 Affordable Housinl! Fund: $65,000.00 CCS- Affordable Placement Program $65,000.00 TOTAL: $524,000.00 Agency may be funded through the General Fund Human Services Grant Program .. Agency may receive additional funding through the General Fund Human Services Grant Program c¡~(~ 2003-04 CDBG Allocation: Construction! Acquisition/Rehab $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 HUD. HUD 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: . . Property acquisition for affordable housing Rehabilitation of affordable units Removal of barriers to the handicapped Public improvements Public service activities Affordable housing developments 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), staff is recommending all of the applicants 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 Steering 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 O¡~2.0 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 1, 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 BUD. In addition, the CDBG Steering Committee will also meet and discuss the plan on April 8, 2004. PffiWAAID BY ~ t-V .<c'G - L. Vera G~iO~la~~er Steve Piasec ., Director of Community Development APPROVED FOR SUBMITTAL: D~P' Ci~ M""'go< 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 CJ-2l RESOLUTION NO. 04-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING SUBMITTAL OF FUNDING PROPOSALS FOR THE 2nd (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 may 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 of the 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: James, Kwok, Lowenthal, Sandoval, Wang None None None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Sandra James Mayor, City of Cupertino City Clerk Cf-2L- 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 may 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. 1-23 c. EXHIBIT A Cupertino Community Services Rotating Shelter Program 2004-05 Request: $25,000 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. 1-2'-( 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 may be funded at a reduced amount through the General Fund Human Services Grant program. q~ '2) 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. CONSTRUCTION! 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. 1-2& 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 apartment 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. Since the original 1984 loan has not been repaid, the city of Cupertino will not be recommending the deferral of the proposed loan of $450,000. 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. 9- 1- 'l 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: L. 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. q~.2ð 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 program 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. Cj- 2. '? Mr. Richard Konda Asian Law Alliance 184 E. Jackson Street SanJose.CA95112 L.¡safOl'MFIOIriEldlll,¡j..'S,¿jI.¡,o. U\!\.¡s, 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 r 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,CA95112 Barbara Galvan ARIS Project 380 North First Street, #200 SanJose,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 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 SanJose,CA95112 Concern for the Poor, Inc. 1590 Las Plurnas 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 S1. 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. San Jose, CA 95112 Bill Arnopp Bay & Valley Habitat for Humanity 888 North First Street, #215 San Jose, CA95112 Ron Morgan Community Housing Deveiopers 255 North Market St.. Suite 290 SanJose,CA95110 9-36 Asian Americans for Com. Involvement '400 Maarpark Avenue San Jose, CA 95128 United Way Silicon Valley 1922 The Alameda San Jose, CA 95126-1430 Neighborhood Housing Services Silicon 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 Alameda San Jose, CA 95126 Northwest YMCA 20803 Alves Drive Cupertino, CA 95014 Community Foundation of Silicon Valley 60 S. Market Street, Suite 1000 San Jose, CA 95113 Bob Campbell Project Match 512 Valley Way Milpitas, CA 95035 Mari Ellen 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 Alliance 115 Gish Road, Suite 222 SanJose,CA 95112 Donna DiMonico Long Term Care Ombudsman Program Catholic Charities of Santa Clara County 2625 Zanker Road San Jose, CA 95134 9-31 City of ,"",pertino Community Development Block Grant (CDBG) Program Funding Recommendations FY 2003/04 EXHlclT 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 trom 2003.04: (Available for construction/rehab): Affordable Housing Fund amount avail.: Total all sources: $96,100 $72,075 $290,825 $4S9,OOO $21,SOO $273,100 $6S,OOO $797,100 Tab.: ."',, AoencvlPro Received FYc03l04/' .i'" Reouest FY 04/05 . Staff Rec.' CHCRec. Public Service ADelications A Catholic Charities of Santa Clara County Lonn Term Care Ombudsman Proaram $0 $5,410 $0 $0 B Cupertino Community Services ComDrehensive Assistance Proaram $8,333 $S4,000 $19,143 $19,143 C Cupertino Community Services Rotating Shelter Program $25,000 $25,000 $25,000 $25,000 0 Emergency Housing Consortium Emergencv Sheiter Pronram $0 $4,000 $0 $0 E Live Oak Adult Day Services Senior Aduit Dav Care $10,200 $32,200 $10,200 $10,200 F Second Harvest Food Bank ot Santa Ciara County Oneration Brown Ban $0 $5,400 $5,400 $0 G Senior Adults Legal Assistance Leaal Assistance tor CuDertino Elders $11,667 $12,000 $11,667 $11,667 H Support Network for Baffered Women Domestic Violence Services for CuDertino Families $S,900 $5,900 $5,900 $S,900 Totals for Public Service Activities $61,100 $143,910 $77.310 $71.910 Constructlon/AcaulsltlonlRehab <. ,.,0." '". ,'",- ,",.-é' . ),_:,,""" C-- <,.. ;, :. ,c I Cupertino Community Housing for the Disabled LeBeaulieu Rehabilitation $0 $450,000 $4S0,000 $450,000 ~ J Economic and Social Opportunities Housing and Enernv Services Program $4S,OOO $45,000 $45,000 $45,000.00 K Cupertino Communilv Services - Greenwood Court $0 $60,000 $40,000 $40,000.00 Unallocated Amount (FY2004-0S) $29,090,00 Total Constructlon/Ac ulsltlon/Rehab $45,000 $495,OC $564.090 "'>C','c,."" Administration/Fair Housln 'h5,, ; ,<>"c- c,.c.cc. C'Cc< L Mid Peninsula Citizens for Fair Housina $10,200 $10,200 $10,200 $10,200 Cuoertino Public Administration Costs $81.60C $85,900 $85,900 $85,900 Total AdmlnJFalr Housina 091 ROO $96,100 $96: $96,100 Affordable Housln 'c,I,""" ",,-, M Cupertino Community Services Affordable Placement Proaram $65,000 $65,000 $65,000 $65,000 Total Affordable Housing Fund $65,000 $65,000 $65,000 $6S,000 0,07 <M $233,100 from 2003.04 and $216,900 for 2004-05 TOTAL ALL FONOING SOURCES $797,100 -J) I ~ ~ -~[t ¿. ~. STANDARDIZED APPLICATION FOR FUNDlf~.EC R.T'I.. .lIED fOFD, z '1 o~nû APPLICANT ORGANIZATION: Date: Februarv 25, 21ù.0",t. ~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 200412005 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: )~--....¿fr,~ Phone No: (408) 468-0100 Fax No: (408) 944-0275 E-Mail: dsaiqn@ccs¡'orq 2. PROJECT NAME: Lonq Term Care Ombudsman Proqram Brief Project Description: The Pro9ram 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 wilh 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 Zanker 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@ccsLorq 3. FUNDS REQUESTED: $5.410. Total Project Costs $456.714 Is this a Public Service Project: Yes X- 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 Cupeliino beneficiaries: 296 Number of proposed unduplicated Cupertino beneficiaries at or below cunent countywide median income: 0-30% (Extremely low) 195 31-50% (Very low) 4 51-80% (low) 51 Office of Affordable Housing Standardized Application for Funding FY 04/05 ?- ]3 1. 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATEIJ 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 (g) 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 compiaints. 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 (1/yr). SpecifY objectives project intends to accomplish and identify desired outcomes and benefits. How does the u ose and ob'ective meet the riori 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 hIs. 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 problems. COMMUNITY EDUCATION Residents, providers and the community at The Program will deliver a community education presentation large will gain greater understanding of long on long 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 of 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 Applicationfor Funding FY 04/05 C¡-'?Y 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 oversees 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 elder/dependent 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 ManagerlDirector will review objectives and service plan on a quarterly basis, Ombudsmen are required to submit a Monthlv Activitv Summarv Form documenting the number of facility visits, number of unduplicated resident contacts, and hours. Ombudsmen also submit Case/Complaint 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 and/or Program ManagerlDirector. 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 q-jS- 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 STATUS' Citv of Cuoertino 5,410 This Aoolication Other Citiesrrowns: Campbell, Gilroy, 143,197 Applications submitted Los Altos, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnvvale State and Federal 277,394 Anticipated Renewal Older Americans Aèt Funding, CA State Ombudsman Auqmentatioil 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 of funds 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 7-J~ 4 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Catholic Charities of San Jose dba Catholic Charities of Santa Clara CQ!ill!Y DATE PREPARED February 25,2004 PROJECT NAME Lonq Term Care Ombudsman ProGram 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 confidenlial 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 resoiution 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 presentation bv the ProGram. .....,S) I \.,,-.) --J Office of Affordable Housing Standardized Application for Funding FY 04/05 11. BUDGET For Amount Requested FY 2004!2005 AGENCY NAME Catholic Charities of San Jose. dba Catholic Charities of Santa Clara Coul}tyDATE PREPARED February 25~ 2004 PROJECT NAME Lonq Term Care Ombudsman Proqram CATEGORY BUDGET FOR YEAR SALARIES: Personnel 3,500 Benefits 976 OFFICE EXPENSE: Rent 300 TelephonelFax 90 Printing 25 Travel 50 Utilities Office Supplies 25 Postage 25 Equipment Maintenance /Repair Staff Development oVal. Recog. 30 MIS !Admin 389 PROJECT EXPENSES: Accounting Services Auditing Fees Insurance Davis Bacon ComDliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architectural! Design AcQuisition TOTAL: 5,410 ....$) \ I..Ñ ~ Office of Affordable Housing Standardized Application for Funding FY 04/05 '" ~ ~¡ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROÇ;F:fiXIIlICVIVED SECOND YEAR FUNDING CYCLE FY 2004/2005 ¡ '-:c~q :~ 7 7004 STANDARDIZED APPLICATION FOR FUNDING _bY: 1. APPLICANT ORGANIZATION: DATE: Februarv 26, 2004 Agency Name: Cupertino Communitv Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 Signature: Phone No: Email: iaclvnf@cupertinocommunitvservices.or" 2. PROJECT NAME: Affordable Housing Program Brief Project Description: CCS has successfullv implemented the Affordable Housing Program for the Citv of Cupertino for the past twelve vears, 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 Address/Location: 10104 Vista Dlive, Cupertino 95014 CONTACT PERSONrrITLE: Erica HeadlevlDirector 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: $510/application Funds Requested from Cupertino in FY 03/04: $25,000 Funds Received in FY 03/04: $25,000 Number of proposed unduplicated Cupertino beneficia¡ies: 218 families annuallv Number of proposed unduplicated Cupertino beneficiaries at or below CUiTent countywide median income: 0-30% (Extremely low) 15% 31-50% (Very low) 50% 51-80% (Low) ~ Office of Affordable Housing Standardized Applicationfor Funding FY 04105 9-39 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 beneficia¡ies (e,g. 50 lower income families, 25 homeless persons, 100 lower income households, etc,), According to the City of CuTJertino 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, 1nc, (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 conduct, 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 afour-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 Affordable Housing Standardized Applicationfor Funding FY 04/05 2 ¡-yo ';. 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 g,Ûdelines set by the City of Cupertino. The Affordable Housing Program objectives are: 0 To provide & maintain an adequate supply of residential units for all economic sef!ments; 0 To provide support to the City of Cupertino to meet their f!oals for affordable housinf!; 0 To advocate for housinf! that is affordable for a diversity of Cupertino households; 0 To assist the participants with findinf! secure hOUSÙlf!. CCS' annual project outcomes are: 0 115 BMR rental units will be occupied; 0 16 qualified homebuyers will be placed in the upcol1Ûnf! BMR sale units. 0 All BMR rental units & sales homes will be verified annually; 0 22 homeless men, women & children receive shelter & case I1wnaf!ement in the Transitional Housinf! Prof!ram. 60% will find stable hOUSÏ11f! upon leavinf! the Transitional Housinf! Prof!ram. CCS' Transitional Housing and the Cupertino Below Market Rate Program further the goals stated in the Curertino 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 and federal 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 Housil!g Standardized Applicatiol! for Ful!dil!g FY 04/05 3 9-'--{ ( 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 Hal/sing Standardized Applicationfor Fundillg FY 04/05 4 1-~ 1- 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 Conunitted 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 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 5 9-43 CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME CupeJ:tino Communitv Services PROJECT NAME Affordable Housing Program DATE PREPARED Febmarv 26,2004 Specific Activities Products or Milestones to be accomplisbed Benchmarks or Beneficiaries (Use Specific Numerical Data When Possible) For Each Quarter Quantify 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 annually/to follow HUD annually (Le, application, trifolds, release dates X website, etc.). . Distribute packets to appropriate . To be done annually/to follow HUD locations (Le. library, City Hall, school release dates X districts, Community Centers, etc,). . Process applications (inc. . Keep adequate households for X interviews and re-certifications). vacancies. . Maintain active waiting list and all . To be done annually/to follow HUD X units occupied. release dates. . Audit participating rental . On-going, complexes and sale units. Work with 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. -..!) , 1: ,z Office of Affordoble Housing (. Standardized Application for Funding FY 04/05 BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Communitv Services Date Prepared: February 2ii, 2004 Project Name: Affordable Housing l'mRram CATEGORY BUDGET FOR YEAR SALARIES: Personnel $50,000 Benefits OFFICE EXPENSE: $15,000 Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment MaintenanceJRepair PROJECT CONSTRUCTION: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services Architectura1lDesign Acquisition TOTAL: $65,000 "f ~ '1 Standardized Application/or Funding FY 04/05 Office 0/ Affordable Housing 7 ~~ c~[ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 STANDARDIZED ArPLICA nON FOR FUNDING RE~CFì~-::Dl r,-EP ?.'; '7 'ì.'110..1~ ,) "' , , '¡:', BY: '----c - DATE: Februarv 26, 2004 1. APPLICANT ORGANIZATION: Agency Name: Cuper1ino Community Services Street Address: 10104 Vista Drive Zip: 95014 Signature: Phone No: 2. PROJECT NAME: Comprehensive Assistance Program Brief Project Descliption: The Comprehensive Assistance Program provides basic needs support to 3,000 extremely low to low-income West Valley residents. Cupertino residents and homeless individuals comprise of 45% of CCS client population. Services include food, clothing, shelter, emergency cash assistance, information/referral 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 priority need of 1,910. Project Address/Location: 10104 Vista Drive, Cupertino/Various Host Congregations CONTACT PERSON/TITLE: Erica Headlev/Director of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cuoertinocommunitvservices.org 3. FUNDS REQUESTED: $54,000 Total Project Costs: $327 ,122 Is this a Public Service Project: Yes X No D Cost Per Services Unit or Per Client: $109/client Funds Requested from Cupertino in FY 03/04: $74.000 Funds Received in FY 03/04: $62,333 Number of proposed unduplicated Cupertino beneficiaries: 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 of Affordable Hal/sing Standardized Applicatiollfor FI!lldillg FY 04105 9-'í~ 1. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a blief 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 college 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 clo(hing 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 issuedfor 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 q¡wlifications. needs and capabilities to stabilize. Cash assistance is notfor 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 of CCS' 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 Affo,.dable Housing Standardized Application for Funding FY 04/05 2 c¡ -47 <;. 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 Califomia and the Greenbelt Alliance, afulltime worker must earn $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 pounds 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 withfunders and CCS policies and procedures; case management; analyze case records; maintain program statistics and produce reports; maintain in- 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 of Affordable Housing Standardized ApplieatiOltfor Funding FY 04/05 3 7~L(t 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 expelience 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 demand for 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 concerns that may have been cited in the audit or in any accompanying management letter particularly any peliaining to the use of CDBG funds. Also, desclibe any actions taken to con'ect identified findings or concerns. We received a clean audit with no accompanying management letter for the FY 200212003, Office of Affordable Housing Standardized Application for Funding FY 04/05 4 7-l{î OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT': SOURCE ESTIMATED AMOUNT STATUS Cupertino CDBG 54,000 Pending Citv of San Jose 80,780 Committed United Way-EAN 18,160 Pending Salvation Army 43,000 Committed FEMA 12,000 Committed CofDorations 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 Applicationfor Funding FYO4105 5 7~)D CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Cupertino Communitv Services DATE PREPARED Februarv 26,2004 PROJECT NAME Comprehensive Assistance Program 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 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-oils, 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. ...J) 1 V) --., Office of Affordable Housing Standardized Application for Funding FY 04/05 f, BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Communitv Services Date Prepared: Februarv 2J2, 2004 Project Name: Comprehensive Assistance Program ~ 1 ~ CATEGORY BUDGET FOR YEAR SALARIES: Personnel $54,000 Benefits OFFICE EXPENSE: Rent Telephone/Fax 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: $54,000 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 RECEIVED STANDARDIZED APPLICATION FOR FUNDING APPLICANT ORGANIZATION: ~..P. ~. 7 2004 1. DATE: Februarv 26, 2~ --, Agency Name: Cupertino Community Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 Signature: are Phone No: 2. PROJECT NAME: Rotating Shelter Program Brief Project Desctiption: 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) davs. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Special Needs Housing- Homeless (H); Employment Training (m; Food, Clothing and other basic needs (M); Transportation Services (M) Project Address/Location: 10104 Vista Drive, Cupeliino/Various Host Congregations CONTACT PERSONtrITLE: Erica HeadleylDirector of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cupertinocommunjtvservices.oro 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 Cupertino in FY 03/04: $25,000 Funds Received in FY 03/04: $25,000 ) Number of proposed unduplicated Cupertino beneficiaries: 80 homeiess annuallv ( Number of proposed unduplicated Cupertino beneficiaries at or below Cl11Tent countywide median"3Li~ þ'iiJ mcome: 0-30% (Extremely low) 100% 31-50% (Very low)- 51-80% (Low)- Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 C¡-rY 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 ~J'er income families, 25 homeless persons, 100 lower income households, etc.). U ~YCupertino Community Services, in collaboration with an alliance of religious congregations known as, 'cY "Faith inAction," began operation of its Rotating ShelterProgr am in August 1991. The Rotating Q:Y 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 ÌJr:: f), can stay for up to ninety (90) days. ill ;j ~J rf 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 usedfor 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 approximately 80 homeless men annually. .-=---- 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? 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 !!;ainful emplovment; 0 To assist the participants in openinv: and buildinv: a savinv:s account; 0 To assist the participants with findinv: secure housinv:. CCS focuses on the long-tenn goal of stabilization through extensive case management and providing supportive services. CCS provides a continuum of care to aid the individual with finding employment, pennanent 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 mana!!;ement; 0 60% will find and/or maintain enwlovment duritlV: their stav at the shelter; 0 60% will find stable housinv: upon leavinv: 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 7~S-S- 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 withftmders 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 called for 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. 1n 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 fomIer clients. Additionally, we also hire fonner homeless i1ìdividuals 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 allowsfor 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 Standardized Application for Funding FY 04/05 3 1-s-t, 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 PROJECT1: SOURCE ESTIMATED AMOUNT STATUS City of Cupertino 25,000 Pending Santa Clara County 8,500 Pending FEMA 20,000 Comnùtted 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 oj Affordable Housing Standardized Application Jar Funding FY 04/05 4 9-5/ CITY OF CUPERTINO PROJECT WORK PLAN FY 200412005 AGENCY NAME Cupertino Communitv Services DATE PREPARED Februarv 2!i, 2004 PROJECT NAME. Rotating Shelter Program - Specific Activities Products or Milestoues to be accomplished Benchmarks or Beneficiaries \ (Use Specific Numerical Data When Possible) For Each Quarter Quantifv 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 support and space annuallv --.D , ~ Standardized Application for Funding FY 04/05 Office of Affordable Housing 5 BUDGET For Amount Requested FY 200412005 Agency Name: Cupertino Communitv Services Date Prepared: Februarv 2&, 2004 Project Name: Rotatin.g Shelter Program CATEGORY BUDGET FOR YEAR SALARIES: Personnel $22,000 Benefits $3,000 OFFICE EXPENSE: Rent TelephonelFax Printing Travel Utilities Office Supplies Postage Equipment MaintenanceJRepair PROJECT CONSTRUCTION: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturalJDesign Acquisition TOTAL: $25,000 -....¡) ~ -....I) 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 STANDARDIZED APPLICATION FOR FUNDING , H1<~CE:¡ VED r::r:~,; 2 ?CfJ4 1. APPLICANT ORGANIZATION: Date: 2/27/04 l!i.Y : Agency Name: Emergencv Housing Consortium, Inc. Street Address: 150 Almaden Blvd. 5th floor City: San José State:~ EXECUTIVE DIRECTOR: Barry Del Buono. President and CEO Signature ~ ~t,~ 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 nie: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-sufficiencv. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Provide shelter and affordable rental housing with supportive services to verv low and extremelv 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 ŒI No 0 Cost Per Service Unit or Per Client $23.18/psd ($2.00/ psd cost to Cupertino) Funds Received in FY 03/04: None f /&°lrki/./ Funds Requested from Cupeliino in FY 03/04 None Number of proposed unduplicated Cupertino beneficiaries: 25 Number of proposed unduplicated Cupertino beneficiaries at or below cunent countywide median income: 0-30% (Extremely low) 23 (90%) 31-50% (Very low) 2(10%) 51-80% (low)- Office of Affordoble Housing Stondardized Applicotionfor Funding FY 04/05 7~() 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 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 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 ERC'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, TIle bulk of services provided in this program focus on housing services and housing counseling to facilitate clients' success in fmding and maintaining penn anent housing. Case management is provided through one-on-one sessions on average of once per week, and in infOlmal 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 ERC'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 ERC'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. ERC 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, Pennanent 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, ERC provides them with the supportive services they need to maintain pennanent housing. Services cannot be mandated for penn anent 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. ERC'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 and/or income. 80% of clients in permanent suppOliive 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 of Affordable Housing 2 Standardized Applicationfor Funding FY 04/05 q-fo ( 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 insUte efficient and effective assistance to the target population, The program staff will continue to maintain and build on OUt 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 of volunteers. Additional project staff includes the following: . Case Manager (100%) provides housing refeITals, 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 refeITals, distributing personal necessities such as clothing, linens and toiletries, assisting with meals, and assUting the safety ofthe guests and shelter. 6. AGENCY DESCRIPTION AND PREVIOUS CDBG, HOME OR ESG ACCOMPLISHMENTS: Please give a brief general description ofyoUt 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 (EHe) 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, ERC 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 ERe'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 ERC's thirteen sites throughout Santa Clara County, and are frequently served at ERC'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 ERC programs has grown tremendously, more than doubling since the year 2000. In program year 2000-2001, ERC served 11 Cupertino residents. This number grew to 18 in 2001-2002 and 24 in 2002-2003. ERC has already served 18 Cupertino residents only a little more than halfway through program year 2003-2004. ERC 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, ERC 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 ERe's pennanent supportive housing programs, Office oj Affordable Housing 3 Standardized Application Jor Flmding FY 04/05 9 -G, L 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 of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. EHC's audit for FY 02-03 was completed September 26,2003. Please see Attaclunent A: audit, management letter and EHC Response to Auditors Comments and Recommendations. EHC has devoted considerable energy to evaluate and devise processes to provide a high level of compliance for govemment 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, EHC 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 EHC 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 EHC's response (for the rest, please see the attached management response): 1) 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 fOlIDS to be used in determining eligibility and determination of income at move-in and training of all personnel that process clients. Response: All recommendations have been followed including use of standard forms for determining 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 BUD $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 Prop"ram 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 eoual total on cover nage) 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 fmal funding decisions. Office oj Affordable Housing 4 Standardized Application Jar Funding FY 04/05 9-& 3 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 DATE PREPARED 2/27/04 AGENCY NAME Emergencv Housin!! Consortium PROJECT NAME Housin!! and Services for Cupertino Homeless 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 unduplicated 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 tar!!et areas housing and employment. -...\) , ~ -C, Office of Affordable Housing StondardizedApplicationfor Funding FYO4105 11. BUDGET For Amount Requested FY 2004/2005 Date Prepared: 2/27/04 Agency Name: Emergencv Housing Consortium Project Name: Housing and Services for Cupertino Homeless CATEGORY BUDGET FOR YEAR SALARIES: I Personnel $4,000 Benefits OFFICE EXPENSE: Rent Telephone/Fax Printing Travel Utilities Office Supplies Postage Equipment Maintenance/Repair PROJECT EXPENSES: Accounting Services Auditing Fees Insurance Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturalfDesign Acquisition TOTAL: $4,000 ....\'¡ 1 ~ ~1 Office of Affn,dable Housing 2 Standardized Aoalicatianfar 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 F AMIL Y 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 7'-&~ CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. STANDARDIZED APPLICATION FOR FUNDIN,i'<ECE1VED I ;:FR 2 ':I 70n4 APPLICANT ORGANIZATION: Date: February 24, tO04' - ,. [135:- Agency Name: LIVE OAK ADULT DAY SERVICES Street Address: 1147 Minnesota Avenue City: San Jose 20920 McClellan Road Cupertino EXECU, TIVE DIRE(C\~~:n . :° II een, ¡Udg,.. Udgen\ -, Signature: JJ-~1 ~e¥¡.e1,,--/" Phone No: (408) 971~9363 Fax No: (408) 971-a079 State: CA 95125 (Admin.) CA 95014 (Cupertino center) E-Mail: liveoak@attglobal.net 2. PROJECT NAME: Senior Adult Day Care! Caregiver Respite Brief Project Description:Recreational adult day care for fr~i:~., dependent, low~inc"me . s"niors providing soc~alHat:~on, compan~onsnlp and uuLL.l.Lwu~ meal~. K~~vLL~ ~ê.r ,"-ees f~r familv caregivers including counseling, referrals Caregiver Support Workshops. Identify City of Cupertino Cònsolidated Plan Priority Needs (see attached): The Plan identifies and persons with disabilities as persons with "special needs." 100% ot L1V Jó UM .rp pli1prly And disabled. Services addressing senior needs are among the City's highest priorities. (pp. 23, 24) Project Address/Location: 20920 McClellan Road, Cupertino, CA 95014 seniors cllents CONTACT PERSON/TITLE: Collèen Hudgen, Agency Executive Director (408) 971-9363 Phone No:_Fax No: (408) 971-9079 E-Mail: liveoak@attgloba1.net 3. FUNDS REQUESTED: $ 32,200 Total Project Costs $196,425 Is this a Public Service Project: Yes [X] No 0 Cost Per Service Unit or Per Client:$31. 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, $21, 200 G"u~Lal . Funds in FY 2002-03. Number of proposed unduphcated Cupertino beneficiaries: 25 Number 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 Appiicalionfor Funding FY 04/05 9.-{g 7 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should c1early 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 fÌail, 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 age-related physical and/or mental disorders and are at risk of premature institutionalization. Typical conditlOns 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 family members in maintaining theIT dependent senior loved one in the home environment, staff will offer counseling, referrals and Caregiver Support Workshops. Our funding request of$32,200 includes $10,200 to provide financial assistance to six Cupertmo low-income selllors 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 suPhort; and $22,000 for operating expenses to help maintain the Cupertino program at full enro lment, highest-quality services, and adequate staff-to-client ratio to ensure safety and individualized attention for senior clients with special needs. PROJECT PURPOSE AND OBJECTIVES: 5. Specify objectives project intends to accomplish and identify desirel 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 and/or avoid premature, long-term institutionali~ation and/or repeated hospitalization of disabled, frail elderly persons; and (2) to empower family caregivers in caring for depender:t se.niors in ~he .communi.ty setting. . , , . Our purpose is to prevent the mstltutlOnahzatlOn of frml elders by provldmg a posltlve, affordable and life-sustaining alternative to nursing ~o~es. for fam\lies confronted v.:ith the burden of caring for a dependent senior loved one. The socmhzatlon, nutntlOn and compalllonshl¡> experiences available to sel~ior parti~ipants will enhan~,? their lI!entaVemotional health, att~tude and quality of life and offer a vmble optlon to cost-prohibitive nursmg homes. Caregiver respite and support servi~es will afford family members much-needed "time aWi'!f' to pu~sue personal and, professional responsibilities, and reduction in stress from theIT careg!vmg duties, faclhtatmg theIT ability to maintain their dependent senior loved one ill the home enVITOnn1ent. The services provided by LIVE OAK ~irectly address the identified prio~ity needs of two at- risk and underserved populatlo~s: (I) frml, ~ependent, low-mcome sen!ors m. I?-eed. of affordable. and accessible recreational, SOCIal and nutritlOnal programs; and (2) theIT famlhes, 111 need of respite from the stress oftheir caregiving duties and assistance in keeping their senior loved ones out of institutional placement. "comes and benefits. How does Office of Affordable Hal/sing Stal1dardized Applicatiol1for Funding FY 04/05 1-&f " 6. PROJECT MANÀGEMENT Briefly describe how the project will be managed and administered, including proposed stafftime 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 distrIct 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 those wIth s]?ecml néeds, prepare and serve meals and snacks, and schedule a dally program ofmterestmg activitles for the seniors. Each devotes 100% of his/her work time to the progran1. (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 frail elderly population. With consistent support from government and prIvate 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, resultin¡?, ITom a merger with the former Cupertino Senior Day Services. Fundraising efforts are an ongomg 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 Ideás from staff, Board members and associates for special agency fundraisers. We request and receive CDBG support from every city whose residents we serve. This is our first request for CDBG funding fi:om the City of Cupertino for the McClellan Road center since it began operating under the LIVE OAK name July 1,2003. Office oj Affordable Housing Standardized Application Jor Funding FY 04/05 "¡-(pC¡ LIVE OAK ADULT DAY SERVICES 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 ofthe center; assure adherence to all licensing requirements; perfonn 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 enrich the clients' experience in the day care program. Bookkeeper All agency accounting and billing, payroll, bank reconciliations and deposits. 0;- 70 g. 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 Citv of Cupertino 32,200 April 19, 2004 City of Sunnyvale 30,000 Secured United Way Silicon Valley' 2,250 Secured Individuals/ Clubs 2,000 Projected, based on prior ears' exnerience Projectèd, based on prior oard Fundraising 1,500 years' experience proj ected, based on prior Program Service Fees 125,850 ears' experience State reimbursement Proj ected, based on prior of meals .2,625 vears' experience ESTIMATED TOTAL PROJECT COST: $196,425 (Should equal total project cost on coyer page) I Include all sources of funds including CDBG allocations. 2 Should indicate the status of commitment of funding source, i.e. secured, commitled or application pending with anticipated dates of final funding decisions. Office oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 CJ- J ( 4 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME LIVE OAK ADULT DAY SERVICES Cuperti~o center PROJECT NAME Adult Dav Care /Re'pÍ"t~ Provide social and life-enhancing Is~~edUle. & condu~t.daily recreational re~reational program for f.rail senioJ;'s a. ~ti.'Vtties., ..contract. W.itb entertainers & in Cupertino and respite for their in~.tructors, meet with fBIDily caregivers family caregivers. to determine needs for service. Specific Activities Locate appropriate Cupertino senio:rs. Enroll six Cupertino low-income seniors in adult day care program. Provide nutritious meals (þreakfasts' and lunchesl and snacks to all senior clients. Provide referrals to appropriate social service agencies. Products or lVlilestones to be accomplished (Use Specific Nurnerical Data \Vhen Possible) complete in.,.home -yi:3it~ & i'Utal<e form~.. S'i'X seniors...enro:Lled and pa"ti~i1'at;tng ;tn day. care progTam. Two meals plus snacks served per day to all senior participants. Interviews held with client and family to determine special needs and services. Provide trainings/educational programs! Staff 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 (Fublic speaking, participating in health fairs, articles for local papers,...) ...J) ~ ~ce of Affordable Housing Set up booth at Health Fairs, schedule speaking appointments at corporate & local ljusinesses, issue press releases for agency fundraising events, open houses, . . . DATE PREPARED February 24, 2004 1'¡ Ben~hmarks or Benefi~iaries For Each Quarter Quantify When Possible 2". I Jr. 14th I TOTAL 10 2 5 2 5 1 5 1 25 6 0 NIG 0 I NIG 800 400 400 400 2000 ONIGOINIG 1 1 1 1 4 2 2 2 2 8 Standardized Applicationfor Funding FY 04/05 5 11. BUDGET For Amount Requested FY 2004/2005 Date Prepared: February 24, 2004 Agency Name: LIVE ON< ADULT DAY SF.l1VTrF~ Cupert;i.:no center Project Name: A~,,1' n.~. Care " RC'I';i.t<- CATEGORY BUDGET FOR YEAR Miscellaneous (see p. 6a) 9,088 SALARIES: Personnel 131,481 Benefits 5,000 Taxes & Work.Comp. 13 364 OFFICE EXPENSE: Rent .15,225 TelephonelFax 2,940 Printing, publ. ,Adv. 263 Travel (Mileage) 525 Utilities - Office Supplies & Eqt. 1,750 Postage 315 Equipment Maintenance 354 pro&:Æa~upplies & Eqt. 7,235 PROJECT EXPENSES: Accounting Senices Auditing Fees Insurance 3,411 Davis Bacon Compliance Contre~t SPtvices 5,474 PROJECT CONSÜ¡'UCTION: Appraisal Engineering Services ArchitecturallDesign Acquisition TOTAL: 196,425 -.£) \ --J V Standardized Applicationfor Funding FY 04/05 Office of Affordable Housing BUDGET For Amount Requested FY 200412005 (continued fi-om page 6) Agency Name: LIVE OAK ADULT DAY SERVICES Cupertino Center Date Prepared: Februarv 24. 2004 Project Name: Adult Dav Care / Respite CATEGORY BUDGET FOR YEAR MISCELLANEOUS: Conferences & Conven. Special Assistance to Individuals Membership Dues Gov't Licenses/Fees Professional Growth Fund Development Other 105 7,775 Total... 473 315 105 ~ 9,088 6a C¡-ÎLt CITY OF CUPERTINO \ :ÁtJ. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) pROGRAM. (, i:H:! SECOND YEAR FUNDING CYCLE FY 2004/2005 i ,"<co, : Cl'iiIU~J:>ia STANDARDIZED APPLICATION FOR FUNDING - 1. APPLICANT ORGANIZATION: Second Harvest Food Bank of Santa Clara and San Mateo Counties Date: Februarv 23, 2004 Agency Name: Second Harvest Food Bank of Santa Clara and San Mateo Counties Street Address: 750 Curtner A venue City: San Jose State: CA EX£CUf1nŒcrOR< U"id A. S"dreOo Signature: d¿ ~ ttk /r ~)/r 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: 01?eration Brown Bag provides a safetv net for low- and verv low-income seniors 60+ vears old and people with disabilities 55-59 vears of age, especiallv those who are home-bound and live alone. Through the Brown Bag program, these low-income seniors receive a weeklv allotment of high qualitv. nutrient dense food enabling seniors to live inde1?endentlv for a longer period of time. Identify City of Cupertino Consolidated Plan Pliolity Needs (see attached): 01?eration Brown Bag is recognized as a high prioritv in Table 2B Communitv Development Needs. of the Public Service Needs section as Senior Services. Project Address/Location: 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 :merevnolds@shfoodbank.com 3. FUNDS REQUESTED: $5.400 Total Project Costs $3.168,342 Is this a Public Service Project: Yes ~ No 0 ).Cost Per Service Unit or Per Client: $27.90 per month ¿~~:\~ ? Funds Requested from Cupertino in FY 03/04:~FU~dS Received in FY 03/04: $0.00 Number of proposed unduplicated Cupe11ino beneficiaries: 71 households Number of proposed unduplicated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) 100% 31-50% (Very low) -0- 51-80% (low) -0- Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 C¡--I)' 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 Cupel1ino 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.). 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, especial1y those who are home-bound and Jive alone. We find that Operation Brown Bag enables seniors to live independently for a longer period of time and that the infOlmation and socialization provided at the sites and through nutritional programs has a positive impact on their overal1 health and wel1 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 will 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, rice, beans, eggs, lush fruits, and leafy vegetables. Some specific ethnic food items such as fish sauce, jasmine rice, and tortillas are often also included. 'i. 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. Al1owing program participants to divert food expenses to afford other basic needs items (rent, utilities, or prescription medication, for example). 4. Al1owing participants the opportunity to socialize and interact with other participants and volunteers, thus al1eviating the loneliness ancl/depression that can contribute to poorer health. 5. Providing onsite health screenings and information (blood pressure, general wel1ness information) and nutrition information, including ways to use the food in the Brown Bag to prepare nutritious meals. 6. To increase health and wel1ness 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 priority 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, especial1y those who are home-bound and live alone in the City of Cupertino. Office of Affordable Housing Standardized Application for Funding FY 04/05 2 1-7(, 6. PROJECT MANAGEMENT Bliefly describe how the project will be managed and administered, including proposed staff time and staff functions, We currently 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 1 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 Al1s 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 experience in providing the proposed services. If previously funded, what where goals and accomplishments 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 VaHey. To accomplish this great task we coordinate with 678 agencies and distribution sites that include soup kitchens, rehabilitation centers, shelters, schools, churches and senior centers. As a certified member of America's Second Harvest we are able to collaborate 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 distribute 27 million pounds of food a year. Purchased, donated and surplus food flow into our warehouse everyday from growers, retailers, restaurants, food drives, 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. '1-11 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 con'ect identified findings or concerns, Berger/Lewis Accountancy Corporation, Year Ended June 30,2003, please see attachment. There were no findings or concerns that have been cited in the audit or any accompanying management letter. Therefore, there were no actions to correct any identified findings or concerns, 9. OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECTt: SOURCE ESTIMATED AMOUNT STATUS' City of Belmont $ 1,795 Anticioated City of Camobell $ 7,497 Aoplication Pending City of Cuoertino $ 5,400 Application Pendin,g City of Daly City $ 9,401 Application Pending City of Gilroy $ 5,223 Aoolication Pending Town of Los Gatos $ 4,137 Anticioated City of Menlo Park $ 7,499 Anticioated City of Mil itas $ 5,832 Application Pending Citv of Moroan Hill $ 3,620 Aoolication Pending City of Mountain View $ 6,021 Aoolication Pending City of Palo Alto $ 7,478 Anticipated City of Redwood City $ 5,223 Aoplication Pendinl! City of San Bruno $ 1,045 Anticipated Citv of San Jose $ 19,448 Anticipated City of San Mateo $ 11,317 Application Pendincr City of Santa Clara $ 6790 Application Pending City of South San Francisco $ 5,745 Aoolication Pendinl! City of Sunnyvale $ 5,860 Aoolication Pendinl! County of Santa Clara-Dept of Social Services $ 141,015 Anticipated County of San Mateo-Deo\. of Social Services $ 2,668 Application Pendin.g FEMA - Santa Clara Countv $ 50000 Anticipated FEMA - San Mateo County $ 5000 Anticioated Council on Aoinq $ 23,400 Anticipated USDA $ 36,440 Anticioated Corporation/Foundation/lndividual/Orqanization/United Way $ 1,772,369 Anticipated Prooram Services $ 18,121 Anticipated ESTIMATED TOTAL PROJECT COST: $ 2,168,342 (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. anticipated dates of final funding decisions. Office of Affordable Housing secured, committed or application pending with Standardized Applicationfor Funding FY 04/05 4 1-1 , 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 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 2nd 3rd 4tu 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 quarterly nutrition and consumer Number of classes/workshops and site visits held 1 1 I 1 4 per year education programs, Supply volunteer opp011unities for 9 Number of volunteers assisting at Brown Bag site. 9 9 9 9 9 volunteers par1icipants at Brown Bag site and the Food Bank's distlibution Center. Produce written communication Quarterly Brown Bag Newsletter 1 I I 1 4 per year ......D 1 --.) -D Office of Affordable HOL/sing Standardized Application for Funding FY 04/05 5 11. BUDGET For Amount Requested FY 200412005 Agency Name: Second Harvest Food Bank of Santa Clara and San Mateo Counties Date Prepared: Februarv 24, 2004 Project Name:~per.tion Brown Bag CATEGORY BUDGET FOR YEAR . SALARIES: Personnel $580,862 Benefits $159,299 PROJECT EXPENSES: Insurance (property & 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 Transportation $144,760 Food Purchases $1,035,629 Donated Food Distributed Depreciation $109,657 TOTAL: $ 2,168,342 ~ ~ Office of Affordable Housing Standardized Applicationfor 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: Febmarv 25, 2004 Agency Name: Senior Adults Legal Assistance (SALA) Street Address: 160 E. Virginia St. #260 City: San Jose State: CA Signature: Phone No: Fax No: (408) 295-7401 E-Mail: gbacilW2sala.org 2. PROJECT NAME: Legal Assistance to Cupeliino Elders Brief Project Description: SALA will maintain our expanded program of free legal services to Cupertino elders primarilv bv continuing our CUlTent level of appointments at the Cupeliino Senior Center. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): SALA's proiect provides Public Service Activities, specificallv Senior Services because it targets services to elders. It also provides Domestic Violence Support as some clients are victims of domestic violence/elder abuse. Project Address/Location: Cupertino Senior Center, 21251 Stevens Creek Blvd, Cupertino CA 95014 CONTACT PERSON/TITLE: Georgia Bacil, Directing Attornev Phone No: (408) 295-5991 Fax No: (408) 295-7401 E-Mail: gbaci1(@,sala.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 cun'ent countywide median mcome: 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 7---t{ 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 bonndaries 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 (advice/ referrals, 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 a!tomeys, legal secretary, 5 intake volunteers, or our 20 pro bono Wills Panel attorneys, SALA has served Cupertino seniors since 1979. From 1997-98 tlu-ough 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 supp0l1 from Cupertino in 2002-2003 and 2003-3004 enabled SALA to increase our appointments to IS monthly. CDBG funds are requested for 2004-2005 to maintain SALA's current 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. Cupe11ino 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% of the 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 locally instead of being forced to seek services at other SALA sites or forgoing services altogether because of transportation barriers 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 6/30/05: (I) 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 inCupe11ino. 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 Depar1ment 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 persOlU1el 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. If $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. Ifno 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 oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 7 -;r 1- their future. The critical nature of SALA's senior services is illustrated by the cases we open. As of the enò. of2002-()j, the breakdown of our countywide open cases indicated that 21 % of the clients had problems with public benefits, 8% had ,housing problem, 37% needed intervention for elder abuse, 27% requested an Advance Health Care Directive, I % had a ,¡ursing home problem, 5% had a Medicare supplement or HMO dispute, and 1 % needed help with probate altematives, 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 emergencies/homebound 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 attorney on SALA's staff, an intake volunteer, or a pro bono Wills Panel attorney. All attorneys on SALA's staff and the Wills Panel are licensed by the Califomia State Bar. The Cupertino Senior Center staff will schedule and confinn 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 forth 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 infonuation, knowledge/tools, and services regarding elders' benefits, rights, safety, protection, and planning. This will be measured by pre and post data from client intake fOlms and/or 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 SALA's services, as well as an increased sense of safety, security, or peace of mind, This wil1 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 SALA'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, Community 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 SO % 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 legal assistance or intervention to prevent physical abuse and domestic violence against elders also addresses another "high" priority Public Service Need in the 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 issnes are imbedded in many other areas of service essential to the elder population's daily survival. The COA Area Plan on Agingfor 2001-2005 affinns that legal assistance continues to be a priority need in Santa Clara 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 2001, also confirms the findings of the above cited reports 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 expeliise in legal problems of low income and at risk elders, SALA's managing attol11eys have extensive experience (29 years) in this area. Directing Attomey Georgia Office of Affordable Housing Standardized Application for Funding FY 04/05 7-1J Bacl1 (1.D.'79), a\located. .04 t:TE to the Cllpertino piojed, ha& 20 'jear&' exlJerience in that position and Supervising Attorney Michele Schroeder (LD.'94), allocated ,04 FTE to Cupertino, has worked at SALA for 9 years. These two attomeys supervise and train SALA's Staff Attorneys and our volunteers. Other project staff include Staff Attomey Fawn Zeed (J.D. '02), allocated .09 FTE to Cupertino, who has worked at SALA since August 2002 and Staff Attorney 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-lingnal in English/Spanish and Berezovsky speaks Portuguese. Lopez and Saucedo are Hispanic. SALA's Directing Attorney has overall responsibility for the legal services perfornled by SALA, With the exception ofthe Directing Attomey, all attorneys on SALA's staff provide the direct legal services described herein. All SALA attorneys 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 attorneys 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 attorneys/intake 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 attorneys on SALA's staff and the Wills Panel are licensed by the California 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 internal and external monitoring procedures to evaluate program performance and SALA continues to meet or exceed our all of our funders' perfonnance 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 Wills 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 Cupe11ino'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 COlTect identified findÜlgs or concerns. SALA's 2002-03 audit, completed by Parrish & Peterson on August 29,2003, and the intel11al control letter is included with this proposal. There were no negative findings or concel11S cited in the audit or letter. As such, there was !1( need to take any actions to correct identified findings or concems. Office of Affordable Housing Standardized Application for Funding FY 04/05 4 ¡-tLf ). OTHER SOURCES OF FUNDS ANTICIPATED FOR THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS" Application pending with this City of Cupertino 12,000 proposal. Decision expected in April 2004, Pending Approval. No application California Dept. of Aging 40 process for 04-05, Expected renewal of ongoing grant in June 2004. Pending Approval. In a 4-year grant Council on Aging/Older 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 Aoril 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 Soring 2004. To be raised by June 30, 2005. Contributions/Investments 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 nrevious vears. 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. " Should indicate the status of commitment of funding source, i.e. secured, committed or application pending with anticipated dates of final funding decisions. Office 0/ Affordable Housing Standardized Application/or Funding FY 04/05 c¡ -r) 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Senior Adults Legal Assistance (SALA) DATE PREPARED February 22. 2004 PROJECT NAME Legal Assistance to Cupertino Elders Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries l (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1st 2nd 3'" 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, March 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 1 Cupertino. June 30, 2005 presen- presentation tation by year-end by June or June 30 30 *This represents a cumulative total of 65 Cupertino elders served by the end of the 2004-2005 year. --.J) 1 ~ffice of Affordable Housing Standardized Applicatlonfor Funding FY 04/05 <- 11. BUDGET For Amount Requested FY 2004/2005 Ageucy Name: Ænior Adults Legal Assistance (SALA) Date Prepared: February~ß 2004 Project Name: Legal Assistance To Cupertino Elders .....¡:) , ~ ......) 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 TelephonelFax 420 Printing 108 Travel 68 Utilities 0 Office Supplies 380 Postage 108 Equipment MaintenancelRepair 168 Law LibrarvlPublications 504 TraininglBar Dues 200 Miscellaneous/Depreciation 346 PROJECT EXPENSES: Accouuting Services 179 Auditing Fees 276 Insurance 902 Davis Bacon Compliance 0 PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturallDesign Acquisition TOTAL: $27,920 Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 STANDARDIZED APPLICA nON FOR FUNDING RECEIVED FER ;{ 7 ?nn4 1. APPLICANT ORGANIZATION: Date:2/23/04 Agency Name: Support Network for Battered Women BY: Street Address: 1975 W EI Camino Real Suite 205 City: :M,ountain View State: CA EXECUTIVE DIRECTOR: Sylvia Hines Signature: :f~ L Phone No: 50-940- 7850 Fax No:650-940-1O37 E-Mail:shines@snbw.org 2. PROJECT NAME: Domestic Violence Services for Cupertino Families Brief 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): We are listed under High Prioritv on Table 2A of the Consolidated Plan. Project Address/Location: 1975 W EI Camino Real Suite 205, Mountain View, CA 94040 CONTACT PERSON/TITLE: Nicole Baran, Grant & Contract Manager Phone No:650-940-7891 Fax No:650-940-1O37 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:~ Funds Requested from Cupertino in FY 03/04:5,900 Funds Received in FY 03/04:5,900 Number of proposed unduplicated Cupertino beneficiaries: 14 Number of proposed unduplicated Cupel1ino beneficiaries at or below current 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-r1 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 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, refelTals 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 Therapy Program: Clinical counseling continues the empowennent 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. fhe 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) ani 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 1-C)D their living situation. A recent Ford Foundation study determined that 50% of homeless women and children were fleeing domestic abuse. Providing women with immediate shelter, crisis intervention and safety planning 1irectly benefits battered women's potential to reach financial and physical security. Office of Affordable Housing Standardized Application for Funding FY 04/05 1-c;r 6. PROJECT MANAGEMENT Briefly describe how the project will be managed and aduùnistered, including proposed staff time and staff functions. ' Responsible staff Staff Functions Percentage of person(s) time charged to this activitv 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 suppOli 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 conununity 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 training professionals throughout the cOlmnunity, including law enforcement, state and local legislators, social service and Office of Affordable HaL/sing Standardized Application for Funding FY 04/05 4 '1-9 L healthcare professionals, and clergy, as well as providing presentations to the general public at corporations, health fairs and local schools. The Support Network has provided domestic violence services for 25 years. ,n 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. Support Network has received CDBG funding from Cupel1ino since 1994, for the purposes of providing counseling, emergency shelter, legal setVices, and crisis calls for Cupel1ino women and children who are victims of domestic violence. Over the years, we have provided these essential setVices 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 1-9 ] 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 FYOl/02, 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 confo=s to generally accepted accounting principles, indicates solvency and addresses the organization's fiscal ability to perfo= contract services, Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 6 'j ---9Y 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 Renewai Individuals/Community Orgs/Faith 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 Aaainst Women Act $ 40,000.00 Anticipated Renewai Office of Ememency Services $ 251,544,00 Anticipated Renewal Heaith Services - Maternai 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 Renewal County of Santa Clara - Unmet Legal Services $ 25,000.00 Projected Revenue County of Santa Clara - ESG $ 6,170.00 Anticipated Renewal Countv of Santa Clara - Empowerment $ 33,000.00 Anticipated Renewal City of Campbell - CDBG $ 4,500,00 Anticipated Renewal City of Cuperlino - CDBG $ 5,200.00 Anticipated Renewal City of Los Altos - CDBG $ 2,500.00 Anticipated Renewal City of Los Altos Hills $ 1,500.00 Anlicipated Renewal City of Milpitas -CDBG $ 5,000.00 Anticipated 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 Anticipated Renewal Healthy Neiahborhood Venture Fund $ 63,000.00 Projecled Revenue Estimated Total Project Cost $ 1,249,652.00 CJ~9 )' 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAJ\1E Support Network for Battered Women DATE PREPARED 2/25/04 PROJECT NAJ\1E Services to Battered Women Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries I (Use Specific Numerical Data When Possible) For Each Quarter Quantifv When Possible 1st 2nd 3ra 4ta TOTAL The Support Network will provide battered 10 battered women from Cupertino will be served 2 3 2 3 10 women with crisis counseling through case through our crisis intervention program and clinical management, individual and group sessions. counseling program. The Support Network will provide battered 4 battered women and their children will be served 1 1 1 1 4 women and children with short-term and through our She iter Services Program. medium-term emergency shelter through our Shelter Services Program, ~ ~ " Office of Affordable Housing Standardized Application for Funding FY 04105 R 11. BUDGET For Amount Requested FY 2004/ 2005 AGENCY NAME: Support Network for Battered Women PROJECT NAME: Services to Battered Women Date P,'epared: Februarv 25, 2004 -J) \ ...J:) ~ 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 SetVices Architectural! Design Acquisition TOTAL: 5,900,00 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 2004/200 RECEIVED STANDARDIZED APPLICATION FOR FUNDIN FER 2 ~ 7nnA 1. APPLICANT ORGANIZATION: Date: Februa 27200 Agency Name: Cupertino Communitv Housing for the Disabled, Inc. Street Address:658 Bair Island Road. Suite 300 City: Redwood Citv State: California EXECUTIVE 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 proiect 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. Identify City of Cupertino Consolidated Plan Priority Needs (see attached): There are a total of 34 . Cupertino residents who occupv the 27 units, 1 of which is the manager's unit. Ofthe 26 rented units, all are occupied bv individuals who are either phvsicallv or developmentallv handicapped which is a high level Special Needs Citv of Cupertino prioritv need, Of the 26 residents, 25 households have earnings 30% of Area Median Income which is also a high level Citv of Cupertino Consolidated Priority Need. In addition. there are 12 seniors and 2 small families who comprise the 30% extremelv low handicapped residents. Project Address/Location: 10092 Bianchi Wav, Cupertino, California 95014 CONTACT PERSON/TITLE: Grace Ho. Pro;ect Manager Phone No: (650) 839-5548 Fax No: (650) 299-8010 E-Mail: gho(Q),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: $31,481fUnit Funds Requested from Cupertino in FY 03/04: $0 Funds Received in FY 03/04: $0 Number of proposed unduplicated Cupertino beneficiaries: 34 Number of proposed undup1icated Cupertino beneficiaries at or below current countywide median income: 0-30% (Extremely low) Office of Affordable Housing 25 31-50% (Very low) 51-80% (low) Standardized Applicationfor Funding FY 04/05 ~-~ 1 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLICATED CLIENTS SERVED: Provide a brief description of the specific project being proposed. This description should clearly state I 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.), 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 Application for Funding FY 04/05 ~ -(Db s. 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 tþe 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-tenn 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 ofrefinancing 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 refmancing, 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 Depa¡iment 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 Applicationfor Funding FY 04/05 O¡ ---I D I 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. Founded in 1970, Mid-Peninsula Housing Coalition (MPHC) is one of the largest non-profit affordable housing owner & developer in Northern California. With over 5,100 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 tenD. 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 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 [IDdings or concerns. The most recent audit was completed on August 4,2003 for fiscal year ending June 30, 2003. Please see attached. Office of Affordoble Housing Standardized Applicationfor Funding FY 04/05 4 c¡ -(D:L 9. OTHER SOURCES OF FUNDS ANTICIPATED liaR TIllS PRO.JECT1~ SOURCE ESTIMATED AMOUNT STATUSz $450,000 Application pending with final CDBG funding decision anticipated on April 19, 2004. CaIHFA 30-year loan for approx. Refinancing application to $1,500,000 @ about 5% begin III 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 offma1 funding decisions. Office oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 ~ -(D 3 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME Cupertino Community Housing for the Disabled, Inc. DATE PREPARED February 2L 2004 PROJECT NAME Cupertino Community Housing for the Disabled. Inc. Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries I (Use Specific Numerical Data When Possible) For Each Quarter Quantifv When Possible 1st 2nd 3rd 4th 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 [0 units 2nd floor bathroom conversion Roll-in showers ~ 1 ë:; -C Office of Affordable Housing Stondardized Application for Funding FY 04/05 < -J) 1. C':> v-, 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Community Housing for the Disabled Inc. Date Prepared: February~ 2004 Project Name: Cunertino Community Housing for the Disabled Ine, -- CATEGORY BUDGET FOR YEAR SALARIES: Personnel Benefits OFFICE EXPENSE: Rent Telephoue/Fax 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 -C> 1 ---. C> Iô- PROJECT CONSTRUCTION: Appraisal Engineering Services ArchitecturallDesign $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 CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 1. Street Address: 1445 Oakland Road City: San Jose State: California EXECUTIVíi~CTOR: /J "Tommv J. Fulcher Jr., President/CEO Signature: IJIn? J,!/i~f¿/~ A -- I / ' Phone No: (408) 971-0888 Fax No: (408) 286-9109 E-Mail: 2. PROJECT NAME: Housing and Energv Services Program Brief Proj ect Description: Provides direct housing services -emergencv home repairs: accessibilitv, safety and energv efficiencv improvements to lower income households, Identify City of Cupertino Consolidated Plan Priority Needs (see attached): Policv 3-8: Maintenance and Repair. Assist verv low & low income homeowners & rental propertv owners in maintaining & repairing their housing units. Policv 3-10: Encourage energv conservation in all existing.... Project Address/Location: Proiect services are provided Citv-Wide CONTACT PERSON/TITLE: Paul Tatsuta, Director - Housing and Energv Services Division Phone No: (408) 668-2527 Fax No: (408) 286-9109 E-Mail: ptatsuta(@,esoi.org 3. FUNDS REQUESTED: $ 45,000 Total Project Costs $2,215.000 Is this a Public Service Project: YesD No¡g 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 cunent countywide median income: 0-30% (Extremely low) 4 31-50% (Very low) 6 51-80%(low) 10 Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 Î~{D7 4. PROJECT DESCRIPTION AND NUMBER OF UNDUPLlCATED 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 oftotal 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, wheelchair/step 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 harmful envirornnenta1 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 oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 2 1-((){ 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 perforn1ed through the review of monthly activity reports submitted to the agency's President/CEO 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. If previously funded, what where goals and accomplishments of CDBG 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 ofthis goal, ESO administers a variety of programs that reflect the agency's holistic approach to solving the problems of low 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 Application for Funding FY 04/05 ~~/()7 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 ofCDBG 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 CSD/DOE-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-WAP: Department of Energy- Weatherization Assistance Program LIHEAP: Low Income Home Energy Assistance Program (Federal Department of Health and Human Services program) 1 Include all sources of funds inclnding CDBG allocations, 2 Shonld indicate the statns of commitment of fnnding source, i.e. secured, committed or application pending with anticipated dates affinal funding decisions. Office of Affordable Housing Standardized Appiicationfor Funding FY 04/05 4 C¡~f/D 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 Energv Services Program 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 3'd 4t" TOTAL Housing and Energy Services Projects . Identification and recruitment of eligible ~ ~ ~ ~ ~ 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 proj ect work plan, . Inspection of completed work. . QAlQC follow-up on completed projects, ~ -l - office of Affordable Housing Standardized Applicationfor Funding FY 04/05 5 11. BUDGET For Amount Requested FY 200412005 Agency Name: Economic and Social Opportunities. Inc. (ESO) Date Prepared: February 11, 2004 Project Name: Housing and EnerH Services Program 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 ..j) \ - ~ ~ Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 CITY OF CUPERTINO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SECOND YEAR FUNDING CYCLE FY 2004/2005 STANDARDIZED APPLICATION FOR FUNDlN 1~CglVED FlY: ~',' 70n4 1. APPLICANT ORGANIZATION: Date: February 27, 2004 LBY: Agency Name:Midpeninsula Citizens for Fair Housinq State: CA Signatur Fax No: 650-327-1859 E-Mail: marqierochatCD.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 City of Cupertino. Identify City of Cupertino Consolidated Plan Priority Needs (see attached):Goal E: Equal Access to Hous- inq Opportunities, Policy 3-12: Support proqrams & orqanizations that seek to eliminate housinq discrimination. Project Address/Location: 457 Kinqsley Avenue, Palo Alto, CA 94301 CONTACT PERSON/TITLE: Mariorie A. Rocha Phone No: 650-327-1718 Fax No: 650-327-1859 E-Mail: marqierochatCD.usa,net 3. FUNDS REQUESTED: $10,100 Total Project Costs $62,800 Is this a Public Service Project: Yes 0 No ~ 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 Cupeliino 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% (low) 2 Office oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 C]~rlJ 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 orientalion, 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 lhe TCAA Expo; (5) Staff booth al 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 allegalions of illegal discrimination; (10) conduct a random fair housing audit of 5 properties to determine levels of illegal discriminalion and offer training where discriminalion 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 collaborative 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? State 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 Priorities 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 feel thai housing discriminalion 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 Standardized Application for Funding FY 04/05 2 1- (I Lf 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 payablelreceivable, 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 accomplishn1ents 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 testing 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 1/31104: 1 1 6 1,000 1 1 1 40 20 5 6 1 1 4 i-the 2"' 100% 100% 33% 176% 0% 100% 0% 150% 235% 40% 67% 100% 0% 25% Office oj Affordable Housing Standardized ApplicationJor Funding FY 04/05 q -I))' 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 management letters 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 THIS PROJECT!: SOURCE ESTIMATED AMOUNT STATUS- Application pending. Final Menlo Park GF $7,300.00 fundinc¡ decision - 6/2004 Application pending. Final Redwood Citv CDBG $41,800,00 funding decision - 6/2004 Application pending, Final Santa Clara Co, CDBG $3,600.00 fundinq 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 source, i.e. secured, cOlmnitted or application pending with anticipated dates offmal funding decisions. Office of Affordable Housing Standardized Applicationfor Funding FY 04/05 4 ~-{I~ 10. CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME MidReninsula Citizens for Fair Housinq DATE PREPARED February 27, 2004 PROJECT NAME. Fair Housin~ Services Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries I (Use Specific Numerical Data When Possible) For Each Quarter Quantify When Possible 1" 2nG 3rn 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 ~ -!.. Office of Affordable Housing Standardized Application for Funding FY 04/05 5 --.J 11. BUDGET For Amount Requested FY 2004/2005 Agency Name: Midpeninsula Citizens for Fair Housinq Date Prepared: February 2UO04 Project Name:Fair Housinq Services CATEGORY BUDGET FOR YEAR SALARIES: Personnel 3,787 Benefits 705 OFFICE EXPENSE: Rent 826 Telephone/Fax 550 ~ Taxes & Fees 81 Travel 53 YâJ.ities Consu1ting Services 132 Office Supplies 256 Postage 29 Equipment 165 MainteBanee/Re~air Training/Educ. 100 MembershipslPublications 286 Fair Hsg. Tester Expense 1,191 PROJECT EXPENSES: Accounting Services 1,397 Auditing Fees 396 Insurance 146 Davis Bacon Compliance PROJECT CONSTRUCTION: Appraisal Engineering Services Arcbitectnral/Design Acqnisition TOTAL: 10,100 ....J) -l - ~ Office of Affordable Housing Standardized Application for Funding FY 04/05 -m\ ,~r 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 Communitv Services Street Address: 10104 Vista Drive City: Cupertino Zip: 95014 EXECUTIVE DIRECTOR: Jaclvn Phuong Fabre Signature: Phone No: 408-255-8033 Fax No: 408-366-6090 Email: iaclvnf@cupertinocommunitvservices.org 2. PROJECT NAME: Transitional Housing Program (THP) Brief Project Description: Cupertino Communitv Services is requesting funds to perform rehabilitation on a Cupertino four-plex. which houses the CCS Transitional Housing Program (THP). Till is providing affordable transitional housing to as manv as 22 low-income homeless men, women and children annuallv. Till offers a crucial link between emergencv shelters and maintaining a permanent placement. Identify City of CupeJ;l:ino 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 CONI ACT PERSON/TITLE: Erica Headlev/Director of Housing Services Phone No: 408-255-8033 Fax No: 408-366-6090 Email: ericah@cupertinocommunitvservices.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 beneficÜuies: 25 homeless individuals annuallv Number of proposed unduplicated Cupeliino beneficialies at or below current 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 i~r{9 1. 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 geògraphical 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. The funding requested will be used to perfoml 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 warpedflooring, 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 developed for 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 assistthe successful completion of the plan. PROJECT PURPOSE AND OBJECTIVES: 5. 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 sel?ments; 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; CCS' Transitional Housing Program furthers the goals stated in the Cupertino Consolidated Plan: GoalA - An adequate supply of residential unitsfor 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 of Affordable Housing Standardized Applicationfor Funding FY 04/05 2 1-/2D 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 successjùlly 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 successjùlly 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 jùnds 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 Standardized Applicationfor Funding FY 04/05 3 O¡-/2( '!. 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 PROJECT1: 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 0/ Affordable Housing Standardized Application/or Funding FY 04/05 4 Cj ~I 2 7--- CITY OF CUPERTINO PROJECT WORK PLAN FY 2004/2005 AGENCY NAME, Cupertino Communitv Services DATE PREPARED March 10, 2004 PROJECT NAME, Transitional Housing:!'IQgram --.5) J... e --- 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 . Research contractor estimates. X . Finalize work contracts. X . Replace the wall furnaces. X . . Replace plumbing, X . Repair/replace damaged floor. X '-- Standardized Applicationfor Funding FY 04/05 Office of Affordable Housing 6 BUDGET For Amount Requested FY 2004/2005 Agency Name: Cupertino Communitv Services Date Prepared: March 10, 2004 Project Name: Transitional Housing Pro.gram CATEGORY BUDGET FOR YEAR SALARIES: Personnel Benefits OFFICE EXPENSE: Rent TelephoneJFax 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 --5) J... f" --C Office of Affordable Housing Standardized Application for Funding FY 04/05 7. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services CUPElQ1NO Summary Agenda Item No. J.Q Agenda Date: May 3. 2004 Subject: Consider adopting a resolution adopting the Analysis of Impediments to Fair Housing Choice (AI) and the recommendations stated in the AI. Recommendations: The CDBG Steering Committee recommends that the City Council adopt the Analysis of Impediments to Fair Housing Choice (AI) and the recommendations stated in the AI. Background: In January of 2003, staff began preparations for the City of Cupertino to receive Community Development Block Grant (CDBG) funding directly from the Department of Housing and Urban Development (HUD), rather than through the County of Santa Clara. In order to become an entitlement jurisdiction and receive money directly from HUD, the city was required to complete its first Consolidated Plan, Prior to 2003, the County of Santa Clara was responsible for the preparátion of the Consolidated Plan and the Citizen Participation Plan, since Cupertino participated in the Urban County CDBG Program, In an attempt to streamline the process, the City of Cupertino participated in a federal pilot program to streamline the Consolidated Plan process. Since the document duplicates the Housing Element and other city documents, the pilot program allowed cities to reference the Housing Element and other documents rather than recreate the work. In the spirit of the streamlined process, one of the documents that HUD allowed the City of Cupertino to reference in its Consolidated Plan was the County of Santa Clara's AI. HUD allowed the City of Cupertino to continue using the County's AI with the caveat that the City of Cupertino would prepare a new AI within a year of submitting the Consolidated Plan to HUD. The Consolidated Plan was submitted to HUD in June 2003 for approval. Earlier this year, staff entered an agreement with D,R. Elrod and Associated to prepare the AI on behalf of the City of Cupertino. The AI is defined as a comprehensive review of an entitlement jurisdiction's laws, regulations, and administrative policies, procedures, and practices. The AI involves an assessment of how these laws, regulations, policies, and procedures affect the location, availability, and accessibility of housing and how conditions, both private and public, affect fair housing choice. I D~( A jurisdiction must include a summary of the impediments identified in the AI plus a description of actions taken to overcome the effects of impediments identified through the analysis in their Consolidated Annual Performance and Evaluation Report. The recommendations begin on page 41 of the attached document. Particular attention should be paid to the following two sections: "Specific Five-Year Actions for this Analysis of Impediments" and "Specific One-Year Actions", These two sections contain the recommendations that the CDBG Steering Committee recommended at its April 8, 2004 meeting be adopted by City Council along with the AI. Below is an excerpt from the AI discussing the five-year and one-year recommendations, Specific Five- Year Actions: 1. Conduct a fair housing audit. Midpeninsula Citizens for Fair Housing (MCFH) is the primary provider of fair housing counseling and remediation services to the City of Cupertino. Although in the last six years there have only been 27 actual discrimination cases filed, MCFH staff believes that unreported discrimination is substantially higher. Anecdotal information suggests that there are housing complexes operated by persons of various racial/ethnic groups that tend to rent only to those of the same racial/ethnic group. For example, informal information suggests that there are some apartment complexes throughout the County that are operated by persons of Chinese origin, and the population of those complexes is almost exclusively Chinese. Signs and notices announcing the availability of apartments in the complex are exclusively in Chinese. However, because MCFH operates on a complaint basis, cases like these go untested because the occupants may be comfortable living in a complex with others of a similar background, and persons who might be interested in living there would not know that opportunities exist unless they spoke or read Chinese. Although it is presumed that such problems, if they do exist in Cupertino, would be fairly small in nature, staff feels that more research is needed to determine the extent of the problem. Because this issue will also be of concern to the County jurisdictions as a whole, this recommendation will require further discussion and coordination among all cities and the County, in conjunction with the various service providers. 2. Conduct a Survey of Lenders. Although the federal Home Mortgage Disclosure Act (HMDA) data, which shows patterns of lending in Cupertino, is useful in terms of overall rates of approval versus denial, the data is not specific enough at the jurisdictional level to identify potential areas where sub prime or predatory lending is a problem with respect to persons and families of lower incomes. Further, the HMDA data does not provide information with enough specificity to determine whether certain racial/ethnic groups are receiving equal treatment in lending. This action would include conducting detailed interviews with local banks and other lenders to elicit more information about lending patterns within Cupertino alone, as well as a survey of lower-income residents to discern their experience with lending institutions, From this, the ID -.2.. 1. 2. City can target more effectively any recommendations to local banks to improve their services to the community. Develop a "Reasonable Accommodation" Protocol for the Permitting Process. According to the 2000 Census, about 10% of the population between the ages of 16 and 64 have some disability, while almost 30% of the population over age 65 have a disability. Although the Countywide review of reasonable accommodations practices found no specific problems with the City of Cupertino's land use controls with respect to the development of housing for persons with disabilities, the information above suggests the City can improve how disabled individuals themselves are accommodated when applying for various kinds of permits such as design review or tree removal. There are significant numbers of people whose physical or mental disability could be an obstacle to obtaining the kinds of services available to a non- disabled person. A random interview was conducted with Planning/Building counter staff to discern what City protocols, policies or procedures are in place when a person with a disability wants to make an application for a building permit or a planning permit. The staff consulted was unaware that there are laws specifically requiring jurisdictions to assist persons with disabilities (reasonable accommodation); instead, the staff member indicated the City, out of "humanitarian concerns for people with disabilities," provides assistance, but such assistance is not codified. Specific actions the City should consider include the following: a. Seek input from groups and individuals in the disability community on ways to improve the provision of housing and planning services to disabled residents, Provide clear signage and pathways for persons with mobility impairments to reach the lower level of City Hall, where the planning/permits counters are located. Provide signage in the counter area advising disabled clients that the City will provide general assistance in making applications, but that it may be necessary for them to bring a person to assist them in the application process, Consider developing alternative mechanisms for contacting City staff, rather than the use of telephones, when no one is at the counter. Currently, the receptionist advises clients to call the appropriate department; persons with hearing impairments would find this practice a significant obstacle. Develop a step-by-step protocol for all staff to follow when a disabled client seeks assistance. Train all staff, b. c. d. e. f. including the receptionist, in these established protocols, Develop a Variety of Informational Materials in Relevant Languages Pertaining to the Permitting Process - The 2000 Census indicates that Cupertino's Asian-American population increased from 23% to 44%, almost equaling the Caucasian population. However, a review of the City's permitting counter area revealed no documents, instructions or forms in any language other than English. This may be a substantial barrier to some residents' ability to seek services from the City, and may constitute an impediment to fair housing. When this issue was raised with counter staff, the response included a statement that "we don't really see many applications from people who don't speak English," While this may be true, it is nonetheless a /6 -J barrier to fair housing to provide information that only one population can understand. The City should make efforts to reach persons for whom English is not their first language, especially considering the changing racial/ethnic population of the City. Specific actions the City should consider include the following: a, Seek input from groups and individuals in the minority community on ways to improve the provision of housing and planning services to minority residents. Provide instructions, brochures and other key advisory documentation in languages other than English, as appropriate. Provide signage in the counter area advising non-English-speaking clients that the City will general assistance in preparing applications and that it may be necessary for them to bring a translator with them. Consider outreach actions to community groups to advise potential clients of housing- related services within the City. Develop a step-by-step protocol for all staff to follow when a non-English-speaking client seeks assistance. Train all staff, including the receptionist, in these established protocols. b. c. d. e. f. CDBG Steering Committee Meeting: On April 8, 2004 the CDBG Steering Committee met to review the AI. Specific comments and the consultant's responses have been documented on page 48 of the AI. The Committee voted 4-1-1 to recommend the City Council adopt the AI and its recommendations, One committee member abstained because she was not familiar enough with Santa Clara County and the fair housing programs, and one member voted against the recommendation. The committee member voting "no" was concerned that not enough evidence of predatory lending or discrimination was being presented to warrant the recommended audits. PREPARED BY: SUBMITIED BY: APPROVED BY: ILN\ ,~ Vera Oil, Senior Planner ,~ç¡~~/u~ ~ I Steve Piasecki, Director David W. Knapp, City Manager of Community Development Attachments: Resolution No. 04- Analysis of Impediments to Fair Housing Choice fQ_L( RESOLUTION NO. 04-306 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) FOR 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 Department of Housing and Urban Development (BUD) administers the CDBG program; and WHEREAS, BUD requires that entitlement cities must prepare an AI; and WHEREAS, the City of Cupertino wishes to receive CDBG funding from BUD; NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby approves the Analysis of Impediments to Fair Housing Choice (AI); and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3'd day of May 2004 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (0 -5' CITY OF CUPERTINO ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE A REQUIRED COMPANION DOCUMENT TO THE CITY'S CONSOLIDATED PLAN I D RAF~ May 2004 (O-~ WHAT IS THE ANALYSIS OF IMPEDIMENTS? BACKGROUND ON FAIR HOUSING LAWS It is the US Department of Housing and Urban Development's (HUD's) mission to promote non-discrimination and ensure fair and equal housing opportunities for all. In an ongoing effort to provide services and activities on a nondiscriminatory manner and to affirmatively further fair housing, HUD is charged by law to implement and enforce a wide array of civil rights laws, not only for members of the public in search of fair housing, but for HUD funded grant recipients as well. HUD is also charged with ensuring the successful operation of specific enforcement of housing programs. HUD-funded grant recipients are obligated under various laws not to discriminate in housing or services directly or indirectly on the basis of race, color, religion, sex, national origin, age, familial status, or disability. HUD rules further require that recipients of Federal financial assistance comply with civil rights-related program requirements that affect nearly every aspect of each program, HUD's non-discrimination requirements are compiled from several different federal laws designed to protect each individual's right to fair housing and equal opportunity. Some of these include the following: Fair Housing Act Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing- related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). Title VI of the Civil Rights Act of 1964 Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance, Section 504 of the Rehabilitation Act of 1973 Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. Section 109 of Title I of the Housing and Community Development Act of 1974 Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 1 ID-j CONSOLIDATED PLANNING REQUIREMENTS AND THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE The Consolidated Plan regulation (24 CFR 91) requires each state and local government to submit a certification that it is affirmatively furthering fair housing. This means that it will conduct (1) an analysis of impediments (AI) to fair housing choice, (2) take appropriate actions to overcome the effects of impediments identified through that analysis, and (3) maintain records reflecting the analysis and actions, The AI is defined as a comprehensive review of an entitlement jurisdiction's laws, regulations, and administrative policies, procedures, and practices. The AI involves an assessment of how these laws, regulations, policies, and procedures affect the location, availability, and accessibility of housing and how conditions, both private and public, affect fair housing choice. A jurisdiction must include a summary of the impediments identified in the AI plus a description of actions taken to overcome the effects of impediments identified through the analysis in their Consolidated Annual Performance and Evaluation Report. Although Als are not submitted or approved by HUD, each jurisdiction is to maintain its AI and update the AI annually where necessary, and include actions the jurisdiction plans to take to overcome the effects of impediments to fair housing choice during the coming year in the Annual Plans that are submitted as part of the Consolidated Plan submission. CONCURRENCE WITH CONSOLIDATED PLAN TIMEFRAME Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with remaining special Census tabulations that have not been released. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. This Analysis of Impediments will run concurrently with the Consolidated Plan, which will require a potential revision of the AI in 2005; however, it is presumed that these revisions will not be substantive. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 2 (0 -r INTRODUCTION Until this year, the City of Cupertino's Consolidated Planning requirements were the responsibility of the County, since Cupertino lacked sufficient population to qualify as an entitlement jurisdiction. As part of the County's efforts, it was required to complete a Countywide Analysis of Impediments to Fair Housing Choice (AI) for the unincorporated areas as well as those jurisdictions with fewer than 50,000 residents. Cupertino's draft Consolidated Plan incorporates the County's AI by reference, and includes an action item in the one-year plan to conduct its own independent AI. The City places a high priority on promoting and ensuring open and free choice in housing for all persons. It is the City's intent to maintain a nondiscriminatory environment in all aspects of the public and private housing market within the City, and to foster compliance with the nondiscrimination provisions of the Fair Housing Act. Federal regulations require participating communities to certify that they are affirmatively furthering fair housing and conducting fair housing planning by: -7 -7 Conducting an analysis of the impediments to fair housing choice Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and Maintaining appropriate records of the analysis and actions. -7 City of Cupertino 2004 Anaiysis of impediments to Fair Housing Choice Page 3 Ib -1 CUPERTINO PROFILE Both the City's Housing Element and Consolidated Plan provide substantial information on housing and homeless needs, population statistics, and other information related to the City's community development concerns. This Analysis of Impediments incorporates these documents by reference, and provides the following summary of statistics. BACKGROUND DEMOGRAPHICS Population: Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for 10 high technology. By the year 2020, Cupertino's population is expected to reach 66,400 persons. Race/Ethnicity. The 2000 Census revealed that Cupertino has become a diverse community. Between 1990 and 2000, the Asian-American population increased from 23% to 44%, almost equaling the Caucasian population. 1970 1980 1990 2000 100% ~ 75% "R i1. Õ 50% ~ J 25% _1990 - 2000 0% White Other Asian Black Hispanic Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. 1990 Percent 2000 Percent Change oITolal otTolal 1990- Age Group Population Population 2000 Under 5 6.0% 6.1% 0.1% 5 19 Years 17.8% 22.3% 4.S% 20 - S4 Years 58.0% 51.9% -6.1% 55 64 Years 9.8% 8.7% -1.1% 65 - 74 Years 5.2% 5.8% 0.6% 75+ Years 3.2% 5.2% 2.0% City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 4 /ð -(0 Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2,8 before leveling off in 2020, 2.85 2.80 2.75 2.70 2.65 2.60 a '" '" a g¡ a a a '" a 0 '" a '" a '" Income Levels: According to the 2000 Census, 12.8% of all households earn less than 50% of the median income and were considered very low-income. This is an increase since 1990, when 8% of the population was considered very low-income. Another 6.9% are considered low-income, also an increase since 1990. The vast majority of the households in Cupertino, however, are still considered moderate income and above. The following table splits out this data by renters and owners. 83.1% 80.3% Many lower-income households include service workers who contribute to and are ernployed in the City of Cupertino and surrounding areas, For example, a full-time service worker earning $7 per hour has an annual income of less than $15,000, making him or her a very low-income person. Similarly, a three-person household with a teacher as the primary wage-earner and a spouse who stays at home to care for the child would likely have an income of less than $62,150 per year and would be considered a low-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the various income levels as follows: Number of Persons in Family 1 2 3 4 5 6 7 8 ELI (30% of MFI) $22, 1 50 $25,300 $28,500 $31,650 $34,200 $36,700 $38,250 $41,800 VLl (50% of MFI) $36,950 $42,200 $47,500 $52.750 $56,950 $61,200 $65,400 $69,650 LI (80% of MFI) $59,100 $67,500 $76,000 $84,400 $91,200 $97,900 $104,700 $111,400 MEDIAN (100% of MFI) $73,900 $84,400 $95,000 $105,500 $113,900 $122,400 $130,800 $139,300 MOD (120% of MFI) $88,680 $101,280 $114,000 $126,600 $136,680 $146,880 $156,960 $167,160 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 5 (0 -If The self-sufficiency standard (SSS) is a measure used to document the costs of living that families of different sizes must meet to move out of poverty. It calculates the amount of money working adults need to meet their basic needs without subsides of any kind. Unlike the federal poverty standard, this standard takes into account the costs of living as they vary both by family types and geographic location. The SSS calculation includes childcare, food, transportation, medical care, clothing and miscellaneous, taxes and tax credits. Calculating the level of wages that will be necessary for families in different locales to survive will assist policymakers and others to design better welfare policies and workforce development programs. This standard can be used to assess whether welfare employment training programs increase recipients' earnings enough to create a path out of poverty. It can also help policy makers understand the impact of eliminating support services such as childcare subsidies, transportation or MediCal. The 2003 SSS in Santa Clara County shows that, among single parents, those with an infant and two preschool-age children need to earn more than $51 per hour in order to afford the high cost of living in the South Bay without government subsidy. This translates into approximately $109,000 per year. Adult + Self- Adult + Adult + 2 infant + 2 Sufficiency Adult + Adult + pre- Adult + 2 infant + pre- pre- pre- Wage Adult Infant schooler Infants schooler schoolers schoolers Ho,url ',15.4" ',24',79' ',27,01 ',31.9' '34'.3 '36.6' '51.7' $ $6,04 $72,57 $ $6,45 $77,49 $ $9,11 $109,35 At-Risk of Homelessness: In conjunction with other factors, such as unemployment or other income problems and chronic health concerns, a family with a cost burden may be at risk of homelessness. Based on available data, there are probably between 1,000 and 1,500 households that are at risk of homelessness. Waiting Lists for Housing Assistance: Service providers often have waiting lists for individuals and families seeking housing and related services. As an example, the Housing Authority maintains waiting lists for persons seeking housing through their voucher program, As of 2003, there were 59 applicants on the waiting list in Cupertino. Housing Needs of Homeless Persons: There are homeless persons in Cupertino, although they are often hidden, A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estirnates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. As noted above, the City is an active participant in the Countywide Continuum of Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs, The following summarizes the data on homelessness from that report: City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 6 !O-{'L- 65% of those homeless surveyed in 1999 were male 36% were Hispanic, 35% were Caucasian, and 18% were African American 36% were under the age of 18, while 2% were over 65 single, unattached adults make up about 60% of the homeless population of the homeless families with children, 66% are headed by a single mother 28% of homeless persons are or have been substance abusers 10% of those surveyed identified themselves as suffering from a severe mental illness 23% of the women indicated they had suffered from domestic violence 34% stated they were homeless despite being employed 81 % had incomes less than $1,000 per month 41 % had at least some college education Housing Needs of Seniors: In 1990, 12% of all households included a member who was 65 years old or older. Of these senior households, 22% were owners and 78% were renters. By 2000, the number of senior households increased to 21 % of all households. Countywide, the senior population is expected to increase by almost 90% between now and 2020, with the population of seniors over the age of 85 years expected to almost double in size. These figures suggest there will be an even greater demand for a range of housing opportunities, such as independent living facilities, assisted housing or congregate care facilities, group homes, and other living arrangements for seniors. Housing Needs of Persons with HIV/AIDS: According to a 2000 study of the gay, lesbian, bisexual and transgendered people, 11 % indicated they needed special HIV care. A 1997 survey of homeless health needs found the number of homeless people with HIV is increasing. Since learning they had HIV/AIDS, 36% of people with AIDS have been homeless. It is estimated that anywhere between 4,000 and 10,000 people in the County are infected with HIV, of which 6% live on the streets or in shelters, while 14% live with friends or in a relative's house. Housing Needs of Persons with Disabilities: There are approximately 3,400 people in Cupertino with a work disability, defined as a disability that interferes with a person's ability to work, From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current share of the housing need is 2,325 new units over the next several years. The following table breaks these numbers down by income category. City of Cupertino 2004 Analysis of impediments to Fair Housing Choice Page 7 I D -( :3 Very Above Low Low Moderate Moderate Income Income Income Income Total 378 188 626 1,133 2,325 Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a total of 2,074 new units were added to Cupertino's housing stock. This represents a production rate of approximately 200 units per year. Percentage of Total Housing, Housing Type 2000 . - . o. Sin Ie Fam,l 2-4 Units Multifamil 5 or More Units 71 Yo 7% 22% Jobs-Housing Balance: Using Census data from 2000, there are about 2.5 jobs per every household, making Cupertino a "job rich" community. This ratio is important because as more jobs are created, there is greater demand on the existing housing stock in the community, which causes increases in housing costs and longer commutes times, Substandard Units: There is not a significant number of housing units needing repair or replacement in Cupertino; at most, 6% of the units are substandard, or about 1,100 units. However, this figure would be the maximum in need of any kind of rehabilitation, including minor home repairs. Housing Costs: In February 2003, the median sales price for a single-family home in Cupertino was $768,000, a decline of more than 23% since 2001. The median price for a town home was $479,000 in February. Average rents have also declined; by February 2003, they had dropped to $1,604 per unit, a decline of almost $750 per month, or 32%, since 2001. Despite these reductions in housing prices, typical housing costs still far exceed the ability of very-low and low-income households to afford housing. The following table illustrates the difficulty various families of lower income have in finding housing that is affordable to them, comparing different kinds of households and the amount they should pay for housing to afford it, compared with the actual amount. Shaded areas indicate those situations in which the household would be overpaying for housing. Household on Fixed Income (e.g., Social Securi of $700/Month Extremel Low-Income 4 Persons Ve Low-Income 4 Persons Low-Income 4 Persons Moderate-Income 4 Persons Above Moderate-Income 4 Persons $791 $1,319 $2,053 $2,638 $3,165 City of Cupertino 2004 Anaiysis of Impediments to Fair Housing Choice Page 8 10 --{l{ Public Housing and Section 8: Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. HOUSING CHOICE VOUCHER AND MOD REHAB PROGRAMS: TOTAL PARTICIPANTS = 69 FAMILIES Elderlv and Disabled 4 6% Elderlv but not disabled 17 25% Not elderly and not disabled 6 9% Nol elderly but disabled 42 61% ETHNICITY Hispanic 17 25% Non-Hispanic 52 75% RACE Caucasian 34 49% American Indian/Alaskan Native 9 13% Asian 4 6% Hawaiian/Pacific Islander 22 32% Loss of Affordable Units: The only affordable housing development at risk of converting to market rate is the Sunnyview development, whose federal subsidy contract will expire in May 31,2004, However, the development is considered at low risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. Inventory of Facilities and Services for the Homeless, Persons Threatened with Homelessness, and Those with Special Needs: Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at-risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve people with needs, Please refer to these important documents for more information. City of Cupertino 2004 Anaiysis of Impediments to Fair Housing Choice Page 9 I 0 -I S- HOUSING CONCERNS: 2000 CENSUS SPECIAL TABULATIONS The US Department of Housing and Urban Development. in conjunction with the Census Bureau, develops special tabulations of housing and household data for use with the federally required Consolidated Plan, Although most of these tabulations were not released in time for the City if Cupertino to complete its first Consolidated Plan, they are now available and provide useful information for the Analysis of Impediments, OVERALL HOUSING ISSUES Housing Problems Census data from 2000 show that about 35% of the City's households have housing problems, defined as overcrowding, overpayment for housing cost, substandard conditions. or any combination of these three factors,1 The following table shows that the percentage of households with a housing problem declines significantly the higher the household income. Extremely low-income (defined as 0-30% of median family income) have the highest rates of housing problems (67,1 %). while households at moderate incomes and above (81%+ MFI) have significantly lower rates (27.1%), Percentage of Households with Housing Problems by Income Group, 2000 Source: 2000 Census Total Households % with with Housing Total Housing Problems Households Problems 0-50% of MFI 1,551 2.329 66.6% 0-30% of MFI 882 1,314 67.1% 31-50% of MFI 669 1,015 65.9% 51-80% of MFI 799 1.263 63.3% 81%+ of MFI 3.967 14.642 27,1% TOTAL 6,317 18,234 34.6% If one compares rates of housing problems by tenure, a different picture emerges, Renter households have significantly higher percentages of housing problems by income than do owners. Percentage of Households with Housing Problems by Income Group and Tenure, 2000 Renter Owner % Owners Households with % Renters Households with Housing with Housing with Housing Housing Problems Total Problems Problems Total Problems 0-50% of MFI 856 1.110 77.1% 695 1,219 57.0% 0-30% of MFI 463 687 67.4% 419 627 66.8% 31-50% of MFI 393 423 92.9% 276 592 46.6% 1-80%ofMFI 472 535 88.2% 327 728 44.9% 81%+ of MFI 1558 5.067 30.7% 2409 9,575 25.2% TOTAL 2,886 6,712 43.0% 3,431 11,522 29.8% Source: 2000 Census 1 Overpayment - or cost burden - is the extent to which gross housing costs, including utilities, exceeds 30% of gross household income. Severe overpayment is when these costs exceed 50% of gross household Income. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 10 /0 -I b In addition to income level and tenure, housing problems also impact various household types, such as the elderly, small families, and large families.'l Percentage of Households with Housing Problems by Income Group, Tenure, and Household Type, 2000 Renter Owner Elderly Family Other Total Elderly Family Other Total 0-30% of MFI 71.0% 77.4% 100,0% 67.4% 55,5% 68.4% 31-50% of MFI 68.8% 95,3% 100.0% 92.9% 33.1% 69.0% 51-80% of MFI 58.3% 94,2% 100.0% 88.2% 12.7% 59,1% 81%+ of MFI 50.6% 34.7% 41,0% 30.7% 16.3% 26.4% Total Households 62.0% 46.2% 54.5% 43.0% 22.6% 29.6% 38.5% 29.8% 92,6% 68,8% 79.6% 33,0% 66,8% 46.6% 44.9% 25.1% Source: 2000 Census This table shows that, although elderly owners had in general lower percentages of housing problems in 2000, elderly renters sometimes had significant housing problems, especially the lower income groups. Large households also had significant problems, both in terms of renters and owners. Additional detail on the types of housing problems experienced by households in Cupertino is described below. Cost Burden/Overpayment Above 30% of Income Cost burden - also known as overpayment for housing - is a significant problem for many City residents, especially as the housing market continues to see increased costs. As housing becomes increasingly scarce, people are required to spend more and more of their income for housing. In Cupertino, 14,6% of all households spent more than 30% on housing costs in 2000. Percentage of Households Paying More than 30% of Gross Income on Housing by Income Group Source: 2000 Census Total Households Total % Paying Paying 30%+ Households 30%+ -50% of MFI 170 2,329 7,3% 0-30% of MFI 68 1,314 5.2% 31-50% of MFI 102 1,015 10.0% 51-80% of MFI 321 1,263 25.4% 81%+ of MFI 2,172 14,642 14.8% TOTAL 2,663 18,234 14.6% Although in general renter households tend to pay more of their income for housing than owners, in Cupertino a different picture emerges - at least in the lowest incomes, it is the owners who pay more of their income on housing costs. 2Elderly households are defined as households In which the primary householder is 62 years of age or older. Small femilies are defined as households with between two and four persons. Large families are defined as households with more than five persons. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 11 10.-n Percentage of Households Paying More than 30% of Gross Income on Housing by Income Group and Tenure, 2000 Renter Owner Households % Paying Households % Paying Paying 30%+ Total 30%+ Paying 30%+ Total 30%+ 0-50% of MFI 52 1,110 4,7% 118 1,219 9.7% 0-30% of MFI 14 687 2.0% 54 627 8.6% 31-50% of MFI 38 423 9.0% 64 592 10.8% 1-80% of MFI 192 535 35.9% 129 728 17,7% 1%+ of MFI 659 5,067 13,0% 1513 9,575 15,8% TOTAL 903 6.712 13.5% 1,760 11,522 15.3% Source: 2000 Census The last chart in this series shows the percentage of households by housing type, income and tenure that paid more than 30% of income on housing costs in 2000. It indicates that the sub category of households with the highest percentages of overpayment include senior renters at 81 % of median income and above, as well as lower income households in general. Percentage of Households Paying More than 30% of Gross Income on Housing by Income Group, Tenure, and Household type, 2000 Renter Owner Elderl Family Other Total Elderl Famil Other Total 0-30% of MFI 0.0% 3.6% 0,0% 2,0% 8.0% 6,3% 0.0% 8.6% 31.50% of MFI 0.0% 8.4% 34.5% 9.0% 12.8% 0,0% 0.0% 10,8% 51-80% of MFI 0.0% 38.5% 50.0% 35.9% 6,7% 13.4% 20.4% 17,7% 81%+ of MFI 38.6% 13.3% 5,0% 13.0% 12.4% 16,0% 16,3% 15.8% Source: 2000 Census Severe Cost Burden/Overpayment Above 50% of Income Severe cost burden occurs when households pay more than 50% of their income on housing costs. In the case of Cupertino, there are significant numbers of households who have a severe cost burden, especially those at the lowest income levels. Although overall about 10% of the City's households pay more than 50% of their income on housing costs, nearly 50% of very-low income households have a severe cost burden. Percentage of Households Paying More than 50% of Gross Income on Housing by Income Group Total Households Total % Paying Pa in. 50%+ Households 50%+ 0-50% of MFI 1,087 2,329 46.7% 0-30% of MFI 649 1,314 49.4% 31-50% of MFI 438 1,015 43.2% 1-80%ofMFI 288 1,263 22.8% 81%+ of MFI 449 14,642 3,1% TOTAL 1,824 18,234 10.0% Source: 2000 Census City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 12 (ð -{ 8" As is to be expected, renter households in the lower income categories have significant prcblQm~ with ~QVQm CMt burdQn~, but in CuPQrtino, ~o do many !owQr incomQ owm~r~. Percentage of Households Paying More than 50% of Gross Income on Housing by Income Group and Tenure, 2000 Renter Owner Households % Paying Households % Paying Paying 50%+ Total 50%+ Paying 50%+ Total 50%+ -50% of MFI 558 1,110 50,3% 529 1,219 43.4% 0-30% of MFI 324 687 47.2% 325 627 51.8% 31-50%ofMFI 234 423 55.3% 204 592 34.5% 1-80% of MFI 149 535 27.9% 139 728 19,1% 1%+ofMFI 76 5,067 1.5% 373 9,575 3.9% TOTAL 783 6,712 11.7% 1,041 11,522 9.0% Source: 2000 Census When reviewing this information broken down by household type, another picture emerges: very low-income owners tend to have severe cost burdens, regardless of household type, whereas the most significant impacts among renters is in the elderly household category. Interestingly, large renter households do not have the extent of severe cost burdens as do other household types. Percentage of Households Paying More than 50% of Gross Income on Housing by Income Group, Tenure, and Household type, 2000 Renter Owner Elderl Farnil Other Total Elderly Family Other Total 0-30% of MFI 71.0% 49.6% 0.0% 47.2% 44.2% 59.5% 44.4% 51,8% 31-50% of MFI 68,8% 46.5% 0.0% 55,3% 20.3% 69.0% 43.8% 34.5% 51-80% of MFI 58,3% 19.1% 25.0% 27,9% 6,0% 34.0% 8.2% 19.1% 81%+ of MFI 12.0% 0,7% 1,0% 1.5% 3,9% 4.2% 3.3% 3.9% Source: 2000 Census HOUSING PROBLEMS BY RACE/ETHNICITY The information provided above highlights the housing concerns of various household types. The HUD special tabulations of Census data also provide information about housing problems facing various racial and ethnic groups, as shown below, Unfortunately, this information is not provided for Asian households, but some extrapolations can be made. As the demographic data indicate, Asians represent the largest growth in population in Cupertino since 1990; in 2000 the Asian population nearly equaled the White/Non-Hispanic population, White/Non-Hispanic Households Consistent with the overall housing issues data, a greater percentage of lower-income White/Non-Hispanics have housing problems than do households able 80% of median income. Percentage of White/Non-Hispanic Households with Housing Problems by Income Group, 2000 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 13 10 -{ ~ Total White/Non- Hispanic Total Households White/Non- w/Housing Hispanic % w/Housing Problems Households Problems 0-50% of MFI 800 1,330 60,2% 0-30% of MFI 432 647 66.8% 31-50% of MFI 368 683 53.9% 1-80% of MFI 362 721 50.2% 81%+ of MFI 1,770 8,347 21.2% . , : Source: 2000 Census When this information is broken down into renters and owners, one can see that White/Non-Hispanic renter households have greater housing problems than do owner households, However, both renter and owner households in the 81 % and above income category have substantially fewer problems than do lower-income households. Percentage of White/Non-Hispanic Households with Housing Problems by Income Group and Tenure, 2000 White/Non- White/Non- Hispanic Renter Hispanic Owner Households w/ Households % Housing % w/Housing w/Housing w/Housing Problems Total Problems Problems Total Problems 0-50% of MFI 394 526 74.9% 406 804 50.5% 0-30% of MFI 228 330 69.1% 204 317 64.4% 31-50% of MF/ 166 196 84.7% 202 487 41.5% 51-80% of MFI 222 271 81.9% 140 450 31.1% 81%+ of MFI 689 2,788 24.7% 1084 5,559 19.5% . , : ,0'. , , " ,. Source: 2000 Census The last table in this series shows that White/Non-Hispanic renters and owners in various subcategories have varying levels of problems with their housing. For example, elderly renters earning below 80% of median have greater a greater percentage of housing problems than their counterparts in the owner category, while family households3 in both renter and owner categories have significant housing problems, depending on income level. 3Unfortunately, data tor households by race/ethniclty do not differentiate between iarge and small households, City ot Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 14 (D-20 addition, there are no elderly renters, but the elderly seniors earn more than 80% of median and all have housing problems. Percentage of BlacklNon-Hispanic Households with Housing Problems by Income Group, Tenure, and Household Type, 2000 Black/Non-Hispanic Renter Black/Non-Hispanic Owner Elderly Family Other Total Elderly Family Other Total 0-30% of MFI 31.50% of MFI 51-80% of MFI 81%+ of MFI NA NA NA NA NA 100,0% NA 44.4% NA NA 0.0% 22,2% NA 100,0% 0,0% 33.3% NA NA NA 100.0% NA NA 100.0% 31,3% NA 100.0% NA NA NA 100.0% 100.0% 36.5% Total Households NA 54.5% 14.3% 32.0% 100.0% 36.5% 100.0% 45.0% Source: 2000 Census Hispanic Households Overall, about 37% of Hispanic households experienced housing problems in 2000. This is similar to the percentage of Black households, though there are a greater number of Hispanic households in Cupertino than there are Black households. Percentage of Hispanic Households with Housing Problems by Income Group, 2000 Source: 2000 Census Total Hispanic Households w/Housing Total Hispanic % w/Housing Problems Households Problems J-50% of MFI 40 84 47.6% 0-30% of MFI 22 66 33.3% 31-50% of MFI 18 18 100.0% 1-80% of MFI 24 34 70.6% 1%+ofMFI 120 385 31.2% TOTAL 184 503 36.6% When viewed from the standpoint of renters versus owners, a different picture emerges. Lower income Hispanic renters have a greater incidence of housing problems than do their owner counterparts. Although the numbers of households in these categories are relatively small, they do suggest that lower-income renters have a more difficult time than owners do in terms of the housing problems experienced. Overall, however, Hispanic owners have more housing problems than renters. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 16 10-22.-- Percentage of Hispanic Households with Housing Problems by Income Group and Tenure, 2000 Hispanic Renter Hispanic Owner Households wI Households % Housing % w/Housing w/Housing w/Housing Problems Total Problems Problems Total Problems -50% of MFI 0-30% of MFI 31-50% of MFI 1-80% of MFI 1 %+ of MFI , . Source: 2000 Census 28 28 100,0% 12 56 21.4% 14 14 100.0% 8 52 15.4% 14 14 100.0% 4 4 100.0% 14 14 100.0% 10 20 50.0% 51 220 23.2% 69 165 41,8% 93 262 35.5% 91 241 37.8% The final table in this series shows that, overall, Hispanic family households in both the renter and owner categories have higher incidences of housing problems. Percentage of Black/Non-Hispanic Households with Housing Problems by Income Group, Tenure, and Household Type, 2000 Hispanic Renter Hispanic Owner Elderly Family Other Total Elderly Family Other Total 0-30% of MFI 31-50% of MFI 51-80% of MFI 81%+ of MFI NA NA NA 0,0% 100.0% NA 100,0% 0.0% 100.0% 0.0% 15.4% 100.0% NA 100.0% NA 100.0% NA 100,0% 100.0% NA 100,0% 0.0% 100,0% NA 50.0% 27,2% 18.9% 23.2% 35.7% 42.6% 50,0% 41.8% Source: 2000 Census Total Households 0.0% 44.4% 18.9% 35,5% 13.9% 51.0% 22,2% 37.8% Asian/Other Households Extrapolating the data to show housing problems among Asian/Other4 households presents an interesting picture of this population, Although it is unknown exactly what kind of housing problems Asian/Other households experience - whether it is overcrowding, overpayment, substandard conditions, or a combination of two or more of these -- a significant percentage of these households experience some form of housing problem. Overall, almost 44% of Asian/Other households have housing problems; this is most acutely experienced in the lower-income categories. 4 Although it is presumed that, once the total Hispanic, White and Black households are subtracted from the totals, the resulting figure will correspond to the Asian population; however, because there are no statistics to reference to corroborate this assumption, the category has been named "Asian/Other." City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 17 10-23 Percentage of Asian or Other Households with Housing Problems by Income Group, 2000 Total Asian/Other Households Total w/Housing Asian/Other % w/Housing Problems Households Problems -50% of MFI 0-30% of MFI 31-50% of MFI 1-80% of MFI 1%+ of MFI 703 428 275 409 2,046 907 601 306 494 5,822 77,5% 71,2% 89,9% 82.8% 35,1% Source: 2000 Census TOTAL 3.158 7,223 43.7% Reviewing the data along tenure lines provides another perspective. Asian/Other renter households have significant housing problems, especially in the 31-80% of median income categories. However, those earning moderate incomes and above have fewer problems. By contrast, Asian/Other owners also have significant housing problems, but households in the 31-80% categories have less extreme percentages of housing problems. Percentage of Asian or Other Households with Housing Problems by Income Group and Tenure, 2000 Asian/Other Asian/Other Renter Owner Households w/ Households % Housing % w/Housing w/Housing w/Housing Problems Total Problems Problems Total Problems þ-50% of MFI 430 552 77.9% 273 355 76.9% 0-30% of MFI 221 343 64.4% 207 258 80.2% 31-50% of MFI 209 209 100.0% 66 97 68.0% 51-80% of MFI 236 240 98.3% 173 254 68.1% a1%+ of MFI 806 2,023 39.8% 1237 3,799 32.6% . : .. ' ", : Source: 2000 Census The last table in this series provides information along a greater range of categories. Asian/Other renter families seem to have greater incidences of housing problems than do their owner counterparts. Overall, owners seem to have fewer housing problems than renters, though broad variations occur within each category. Percentage of Asian or Other Households with Housing Problems by Income Group, Tenure, and Household Type, 2000 Asian/Other Renter Asian/Other Owner Elderl Family Other Total Elderly Family Other Total 0-30% of MFI 31-50% of MFI 51-80% of MFI 81%+ of MFI 44.9% 100,0% 99.9% 27.8% 79.4% 61.2% 58.7% 34.9% 64.4% 100.0% 98.4% 39.9% 39.4% NA 100.0% NA 78.8% 100.0% 97.9% 41,9% 80.8% 76.2% 66.0% 32.4% 80.2% 68.0% 68,2% 32,6% 79.7% NA 99.9% 32.5% Source: 2000 Census Total Households 44.4% 53.9% 45.5% 52.3% 47.8% 37.0% 44.9% 38.2% City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 18 (D - 7--'-{ AHordability Mismatch "Affordability Mismatch" is the extent to which the housing supply does not meet the needs of various income levels. For example, perhaps there are 1 ,000 units in a city with rents that are affordable to people in the lower-income categories, However, if higher-income people are the actual occupants of these units, then there is an "affordability mismatch" in that community. The 2000 Census special tabulations provide an interesting picture into the affordability mismatch in Cupertino. First, there are no ownership units in Cupertino that are affordable to families earning less than 30% of median income (extremely low-income). At the time the Census was conducted, very few units at any price or rent were vacant and available. Those units that are affordable to lower-income families are largely not occupied by lower income families: for example, only 44% of units of any size that are affordable to extremely low-income families are actually rented to extremely low-income families, Affordability Mismatch, Cupertino, 2000 Renters Units by # of Owned or for sale units bedrooms by # of bedrooms Units by Affordability 0-1 2 3+ Total Units by Affordability 0-1 2 3+ Total 1. Rent <- 30% Value <=30% # occuoied units 68 53 139 260 N/A N/A N/A N/A %occupants <-30% 88% 0% 40% 44% N/A N/A N/A N/A #vacant for rent 0 0 0 0 N/A N/A N/A N/A 2. Rent >30 to <=50% Value <= 50% # occupied units 24 72 34 130 32 153 450 635 %occunants <-50% 42% 19% 0% 19% 13% 29% 16% 9% #vacant for rent 0 0 0 0 #vacant for sale 0 0 10 10 3. Rent >50 to <-80% Value >50 to <=80% # occupied units 160 171 244 575 0 0 4 4 %occuoants <-80% 51% 23% 21% 30% N/A N/A 0% 0% #vacant for rent 4 4 8 16 #vacant for sale 0 0 0 0 4. Rent >80% Value >80% # occuoied units 1,995 2,229 1,482 5,706 539 1,666 8,664 10,869 #vacant for rent 29 47 33 109 # vacant for sale 0 4 121 125 HOUSING-RELATED PROGRAMS City-Sponsored Housing Programs The City of Cupertino supports and/or administers several housing programs. Listed below is a brief description of those programs. Housina Rehabilitation Proaram -- Funds are available through this program to assist very low and low-income homeowners with repairs to their housing units. The program is administered by the County of Santa Clara, Housing and Community Development, on behalf of the City. In addition, assistance is available to Cupertino households for City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 19 (D - 2-) minor home repairs and accessibility improvements through a program administered by ESO (Economic and Social Opportunities). Housinq Mitiqation Proqram A. Office and Industrial Mitigation -- The Office and Industrial Mitigation Program acknowledges housing needs created by the development of office and industrial projects. A fee is applied to new development of office and industrial space 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, B. Residential Mitigation -- 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 fewer than six units, the developer may pay a fee in lieu of building the 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. Affordable Housinq Fund -- The City administers the Affordable Housing Fund, which is currently capitalized with fees paid through the Housing Mitigation Program. Potential options for use of the housing funds include: a, b. c. d. Development of new affordable units. Conversion of existing market rate units to affordable units. Down payment assistance programs. Second mortgage programs. Cupertino Communitv 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" Proqram -- 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 more than 20% of the monthly 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. Mortqaqe Credit Certificate (MCC) Proqram --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. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 20 (()-u Second Unit Proqram -- The City's Second Unit Ordinance allows an additional unit to be built on a residential parcel. The objective of this Ordinance is to encourage additional units on already developed parcels, such as parcels with single-family dwellings. Densitv 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. Reduction of Parking Requirements, b. Reduction of Open Space Requirements, c, Reduction of Setback Requirements, d. Approval of Mixed Use Zoning, e. Reduction of Park Dedication Fees, f, Reduction of application or construction permit fees, or g. Provision of tax-exempt or other financial assistance. Other Housing Programs or Services Section 8 Rental Assistance Proqram --The Housing Authority of the County of Santa Clara manages the Section 8 rental assistance program. In June 2001, the Housing Authority reported that there were 27 Housing Choice Vouchers and 5 Moderate Rehabilitation contracts being used by households residing in Cupertino rental units. Support Services Provided bv Nonprofit Aqencies Shared Housing -- Shared Housing Programs are administered by two different agencies in the Cupertino Area. Project MATCH provides services to senior households in finding shared housing opportunities and Catholic Charities administers a similar program for single parent households. Fair Housing n Assistance with discrimination or other fair housing issues is provided through the Santa Clara County Fair Housing Consortium. Housinq Aqencies or Orqanizations -- Cupertino is fortunate to have a number of non- profit organizations that are involved in affordable housing opportunities. Listed below are examples of organizations active in Cupertino at the time that the Housing Element was prepared: Cupertino Community Services Mid-Peninsula Housing Coalition BRIDGE Housing Community Housing Developers Habitat for Humanity Project MATCH Catholic Charities Adults Toward Independent Living Pacific Autism Center for Education City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 21 {()- 2- I PUBLIC POLICIES AND PROGRAMS OVERALL CONSTRAINTS TO GOVERNMENTAL POLICIES AND PROGRAMS Governmental regulations, while intentionally regulating the quality of development in the community can also, unintentionally, increase the cost of development and thus the cost of housing. These governmental constraints include land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, and local processing and permit procedures. land use controls may limit the amount or density of development, thus increasing the cost per unit. On site and off site improvements like road improvements, traffic signals on adjacent streets or sewer improvements may increase an individual project's costs of development. Processing and permit requirements may delay construction, increasing financing and/or overhead costs of a development. Zoning and Land Use The City's General Plan and Zoning Ordinance provides for a range of housing types and densities. The land Use Element of the General Plan includes the following policies regarding housing: Policv 2-13: Provide for a full range of ownership and rental housing unit densities, including apartments and other high-density housing. PolicV 2-14: Consider housing along with non-residential development, permitting it in addition to the non-residential development. Policv 2-15: Ensure that the scale and density of new residential development and remodeling is reasonably compatible with the City's predominant single-family residential patterns, except in areas designated for high-density housing. Policv 2-16: Ensure that zoning requests related to lot size consider the need to preserve neighborhood land use patterns. The Zoning Map for the City contains the following specific residential zones: Residential Hillside (RHS) Single Family Residential (R-I) Single Family Residential Cluster (RIC) Residential Duplex (R2) Multiple Family Residential (R3) Densities in the RHS zones are limited by the slope of the hillside area and are under 1 unit per acre, The low-density residential zones (R-I) typically allow 1-5 units per acre. R-2 can range from 5-10 units per acre. Multi-family residential can range up to 35 units per acre. In addition to these designations, the City also allows residential use in Mixed Use zone areas. The density range allowed in the "Heart of the City" Specific Plan is from 8-35 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 22 fO-'lf units per acre, calculated at net density excluding parking and/ or land areas devoted to the commercial portion of the property. Infrastructure Capacity The City of Cupertino is an established community with infrastructure already developed and in place, Water service is provided by the San Jose Water District and sanitary sewer service is the responsibility of the Cupertino Sanitary District. The Sanitary District has identified some areas of Stevens Creek Boulevard that need larger pipe capacity and will be replacing those lines as new developments occur. Other than that area, the District indicates that there are no other constraints to development and that the treatment plant does not have any capacity issues. The issue of traffic congestion has been identified as a potential constraint to housing development. The current General Plan contains the policy direction that "level of service D" shall be the minimum traffic level for major intersections. It further specifies that "level of service E+" shall be the minimum for the Stevens Creek and De Anza Boulevards intersection and for the De Anza Boulevard and Bollinger Road intersection. If new residential development will result in the level of service to drop below these minimum levels, then traffic could be considered a constraint to housing development. The City will monitor traffic levels through the environmental assessment stage of individual projects and will address traffic as a constraint to housing should it be found to be affecting residential development. Processing and Fees land development within the City of Cupertino is subject to direct fees imposed by the City itself, fees imposed by the City on behalf of another governmental agency, and/or fees imposed by another governmental agency within the City boundaries. These fees are imposed for the purpose of offsetting capital expenditures necessary to accommodate development or for defraying the City's cost of reviewing a development proposal and providing required permits, plan checks, and inspection, The table below identifies the typical fees for a single-family unit in 2001, Fees for a multifamily unit would be less because the square footage of a multi-family unit is typically smaller than that for an average single-family unit. Single-Family Dwelling (2000 square foot house and 400 square foot garage) Building Permit and Fees $1,184.00 Seismic $20.00 Electric $204.00 Plumbing $204.00 Mechanical $204.00 Plan Check $1,006.00 Plan Check Energy $355.00 Housing Mitigation Fee $2,400.00 Construction Tax $409.00 Geological Report $1,000.00 School Impact Fee $4,650.00 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 23 (D -21 ISanitary Connection Permit $77.50 ¡Park Fees $15,750.00 IStorm Drain Fee $325.00 TOTAL $27,788.50 The Park Fee of $15,750 is the most substantial fee charged. However, it is important to note that this fee has not changed since the 1993 Housing Element was adopted. Further, the fee has been waived for affordable units and it is expected that it will continue to be waived for affordable units in the future. Processing Times The residential development process proceeds through various stages, each of which requires some form of City approval. Initial processing of a development application de- pends on the type of project proposed (e.g. Planned Unit Development, lot subdivision, etc.) as well as whether additional requirements will need to be met (e.g. rezoning of land, environmental reviews, etc.). Therefore, processing review times can vary depending on many different factors. In Cupertino the processing of residential applications does not appear to be a constraint to the provision of housing. In fact, a survey of California communities reveals that Cupertino has much shorter processing times than the average California community. In its report, Raisinq the Roof: Statewide Housinq Plan 2000, the State of California Department of Housing and Community Development summarizes average processing times for selected California communities. The average processing approval time for single-family projects was 11 months for all California communities and 5.7 months for Bay Area communities. The same report (pg, 106) evaluated a 342-unit development, Hamptons development, in Cupertino in regard to processing time and reviews necessary. The actual approval time for this development was 5.8 months which is similar to the average for other Bay Area communities and less than the average for all California communities. Building Codes and Site Requirements The Building Codes adopted by the City of Cupertino are the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electric Code, The City's Building Codes have been adopted in order to prevent unsafe or hazardous building conditions. As such, the City's codes are a reasonable and normal enforcement of City regulations and do not act as a constraint to the construction or rehabilitation of housing. The City's residential zoning standards are similar to other communities. The following table provides examples of some of the more common setback requirements and minimum parcel sizes. As the table demonstrates, the City's requirements are somewhat flexible and exceptions can be granted, where appropriate. One of the major themes that is evident in the City's site standards is to ensure that any new development is compatible with the surrounding neighborhood, This is especially important as the City's vacant land inventory is reduced and there is a greater demand for infill and re-development of existing sites. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 24 lo-1D Examples of ~ite t:\equirements for t:\esiden\ial Areas Zone Minimum Lot Minimum Front Maximum District Size Yard Setback Side Yard Setback Height Parking Ratio R-" 5-6,000 square 20 feet One side yard 28 feet 4 spaces per density feet setback must be no unit: 2 garage and 2 less than 10 feet--the open other no less than 5 feet R-IC No minimum Flexible Flexible depending 30 feet 2 spaces per density development depending on on design unit + 1.5 spaces for area design each bedroom after the 1st R-3 Dependent on 20 feet Side yards shall 2 stories (30 2 spaces for each the number of equal a minimum of feet). density unit: 1 units 6 feet for single covered and 1 story, 9 feet for uncovered second story elements, and 18 feet for structures exceeding 2 stories or 24 feet in heiqht Heart of City 1/2 acre 9 feet from 20 feet from 3 Floors (36 N/A -- See parking Specific Plan required property line feet) although requirements for (Multi-Unit Parkway exceptions may respective uses. Residential) Landscape be granted fur Easement units over parking areas, etc. . These are general guidelines and can vary depending on other variabies such as corner units, second story addition, etc. The City also has variations of its standards for the Eichler homes in the community in order to preserve their architectural and site attributes. Second Unit Standards Second units are allowed in single-family residential neighborhoods with the following development standards: Parkinq Requirements: One functionally independent, paved off-street space. Floor Area Ratio: Up to 45%, including all buildings, in R-1. Attached/Detached: Detached Second Unit allowed on lots of 10,000 square feet or larger. Maximum Square Footaqe: 640 square feet maximum Occupancv: During Fall, 2001 the City will be eliminating the requirement that a property owner live in either the main unit or the second unit Market Constraints There are a number of costs involved in the development of housing. These include land and construction costs, site improvements (streets, sidewalks, etc,), sales and City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 25 10-7/ marketing, financing and profit. Because these costs are so market sensitive, it is difficult for a local governmental body to reduce thern in any way. As is true for most Bay Area communities, Cupertino is an expensive housing market Because of its location and the high quality of its public school district, Cupertino is viewed as a desirable place to live. Developable land is available but purchase costs are high. The Construction Industry Research Board reports that the median cost per square foot for new residential construction (including land and overhead costs) was $246 per square foot in Santa Clara County in 2000. Construction costs for residential development can of course vary depending on whether the unit is part of a tract development or is being built as a custom or "spec" house. Average costs just for construction can range from $60 to $200 and up per square foot, depending on the type of housing construction, amenities, quality of improvements, etc. There is little that local governments can do to control either the cost of construction or the cost of land because they are definitely private-market driven forces. Developers in the Cupertino area report that financing of new residential development is not a problem. Financing is available and is provided at reasonable terms and conditions. The Cupertino area is viewed as a desirable area to develop housing and many of the developers report long-standing relationships with financial institutions that help provide attractive financial packages. Mortgage financing is also available to homebuyers through lending resources such as banks, savings and loans, mortgage brokers, etc. The expensive land and construction costs in the area also affect the production of affordable housing. Non-profit developers who have built affordable housing units in the Santa Clara County area in the 2000-2001 time period report that their average cost to build a multi-family family unit is $230,000 and approximately $124,500 for a multi- family elderly unit The cost of providing an affordable single-family, small lot home is at least $400,000 in today's market. Subsidies are always necessary in order to make these units «affordable « to very low, low and moderate-income households. In fact, most truly affordable housing developments in California today require 10-12 different subsidy sources in order to make the project financially feasible. An excellent example of this is the approved, but not yet constructed as of 2001, "Heart of Cupertino" 24-unit very low and low-income development. Included as part of their funding sources are federal CDBG and HOME funds, $1,6 million from the City's Affordable Housing Fund, 501 (c)(3) bond financing, Sobrato Family Housing Fund, and equity from the non-profit owner, Cupertino Community Services. SUMMARY ANALYSIS OF GENERAL CONSTRAINTS ON THE HOUSING MARKET As the discussion on the previous pages indicates, the high cost of acquiring land and construction is a major constraint towards the provision of housing, especially affordable housing. Cupertino is located in the San Francisco Bay Area, which is consistently identified as one of the most expensive housing markets in the country. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 26 to - 72- There is very little that municipal governments can do to affect the cost of land or construction because they are a result of private market forces, The City can, however, ensure that several components are "in place" and part of the overall housing strategy to produce affordable housing, These components include available land at higher densities, financing and subsidy assistance and, a motivated and experienced developer. In regard to governmental constraints, one area that the City can modify is to encourage the use of incentives such as density bonuses and concessions for affordable housing when developers are presenting proposals for affordable housing. There should be an increased marketing effort on the part of City staff to provide information about the benefits of providing affordable housing, in excess of that which is required by the City's Housing Mitigation Program. ANALYSIS OF FAIR HOUSING CONCERNS RELATED TO ZONING, LAND USE AND PUBLIC PROCESSES. The Fair Housing Act makes it unlawful -- To utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of non-disabled persons. An example would be an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area, To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there. An example would be denying a building permit for a home because it was intended to provide housing for persons with mental retardation. To refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. What constitutes a reasonable accommodation is a case-by-case determination, Common Problems in Zoning and Land Use Practices in Santa Clara County A recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair housing organizations. Released in 2003 and entitled Fair Housing in Santa Clara County: An Assessment of Conditions and Programs, 2000- 2002, the report was incorporated by reference to the City's first Consolidated Plan. The report outlines a number of issues related to zoning and land use practices that should be reviewed and modified in jurisdictions throughout the County. Excerpts from this report are shown below. The following outlines the most common ways government zoning and land use policies can run afoul of legal restrictions: 1) Restrictive definitions of '1amily". Traditionally, many zoning codes restricted occupancy in some zones (especially in areas zoned "single-family housing") to "conventional" families. These restrictions run afoul not only of current legal requirements that small group homes be permitted in single-family districts; they have also been invalidated on the grounds that unrelated individuals City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 27 /D-7J living together in a common household should not be treated differently, (City of Santa Barbara v. Adamson, 27 Cal3d 123 (1980). 2) Requirements that group homes obtain "conditional use permits" (CUP) or otherwise surmount onerous zoning and permitting requirements. A CUP is a process, including public notice and hearings, under which local governments determine whether a special use meets zoning special use requirements, Obtaining a CUP or other such permits is much more burdensome than obtaining a conventional building permit or business licenses, and because of NIMBY pressures, the hearing process can be a significant impediment to establishing a new group home. There is not much precedent, or legal clarity, on exactly how far a government can go in treating group homes as special uses. It is clearly illegal for a local government to require that group homes with six or fewer residents go through a CUP process (though a significant number of California jurisdictions still require this), There are good legal arguments against using a CUP or other "hearing" process for group homes that are modestly above the six-resident threshold. There is no case law on the question of whether these larger group homes can be limited by zoning to multifamily areas, It is probably advisable for any jurisdiction that restricts any group home to clearly articulate in its code the rationale and limits of its requirements. Jurisdictions sometimes also impose restrictions upon the residents of group homes that do not apply to other people in the community, One jurisdiction asked a group home to regulate the "hours" residents went outside; another attempted to limit access by group home residents to a nearby public park. These sorts of restrictions are generally, of course, unnecessary, discriminatory, and illegal. 3) Public hearings for subsidized projects. The land Use and Zoning Campaign study found that a third of the jurisdictions they audited had public notice procedures for the siting or approval of publicly-funded projects. This is, of course, a standard part of the political process; but jurisdictions should be aware that, given existing anti-discrimination laws, a legal process for siting group homes (or low-income housing) in a fair, non-discriminatory way, may be hijacked by public campaigns with clearly discriminatory objectives. 4) Reasonable accommodation, State and federal fair housing laws require affirmative efforts from housing providers and regulators to make reasonable accommodations to house persons with disabilities. Courts have held that the "reasonable accommodation" standard applies to land use and zoning activities, But very few jurisdictions have any written, formalized policies that provide for "reasonable accommodation", and thus local officials have no guidance on the importance or process for making accommodation. The U,S, Department of Justice's implementing regulations for the Americans with Disabilities Act (ADA) specifically requires that public entities conduct a self.evaluation of their policies and practices for compliance with the ADA. There has been more compliance with this specific requirement -- about 60% of audited California jurisdictions report they have compieted such a self-study -- but many jurisdictions have not. 5) Oversight of new multifamily housing. Federal fair housing law places specific design requirements on new multifamily housing, regardless whether federal funds are involved or not, most of which aim to insure that new housing is accessible to persons In wheelchairs by mandating ramps, doorways wide enough to admit wheelchairs, etc, Many California jurisdictions have not incorporated into their housing code and permit process these requirements, which means that these jurisdictions may be approving buildings that violate federal law. 6) Occupancy/density requirements. Many jurisdictions reguiate the density of housing occupancy, There are state and federal guidelines on the appropriate limits. It is important that jurisdictions avoid having double standards in this realm - one that applies to families and another that applies to "group quarters" or "group homes". City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 28 (O-Jl{ Problems Identified in the Codes of Santa Clara County Jurisdictions The researchers of the Countywide report on fair housing studied seven codes: from the Cities of Cupertino, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnyvale and Santa Clara County. The report notes that reviews were of modest value, since most measures of fair housing compliance would require actual observation of how a city's zoning and land use policies operate. Only gross problems will show up in a review of the written codes, and the report did not uncover any of these. In general, the codes are facially compliant with state fair housing standards. The generic issues the report did identify were the following: 1) Many jurisdictions have vague or implicitly restrictive definitions of "family" when specifying who may occupy a single-family home or housing unit. 2) Most jurisdictions have two-sided policies towards the development of affordable housing. On the one hand, most jurisdictions have zoning regulations that have exclusionary effects -- substantial lot size requirements, significant restrictions on multifamily development, and so on. On the other hand, nearly all jurisdictions have some incentives built into their zoning rules (incentives strongly encouraged by state policies) that encourage or require developers of multifamily housing to make some of that housing affordable. 3) Many jurisdictions have policies that tend to restrict the development or rental of "guesthouses" (sometimes calied "granny flats") in single-family neighborhoods. 4) None of the jurisdictions examined appeared to have facial exclusions of group homes from residential neighborhoods. Fair housing advocates interviewed in the process of conducting the study generally felt that local officials behaved reasonably in processing applications for the siting of group homes, and other zoning issues. The problems they describe are more systemic. Available funding is clearly inadequate to meet the need for the development of group homes and social services for persons with mental or physical disabilities. When group homes are proposed, they tend to be proposed for the City of San Jose, despite the relative over-concentration of these facilities in San Jose compared to the rest of the County, because other supportive services are located in that City. In other words, solutions for persons with disabilities are not encountering a bottleneck created by land use officials (as exists in some parts of California); rather, the problem is a shortage of solutions. Findings Specific to the City of Cupertino Following the issuance of the Countywide fair housing survey, City staff conducted a review of those policies and programs with a potential impact on housing choice. The following highlights the specific findings for the City of Cupertino, based on the four key concerns noted in the Countywide report (see previous page): 1. Zoninq Definitions - The Zoning Ordinance provides a detailed list of definitions used in the regulation of land use within the City. "Family" is defined as .. .an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 29 10 -']} occupying a hotel, lodging house, or institution of any kind. Because the City's definition of "family" allows for unrelated persons to live together within this definition, the City's Zoning Ordinance is therefore consistent with current regulations governing fair housing and familial status, 2. Affordable Housinq/Multifamilv Development - The City of Cupertino has historically been a community comprised primarily of single-family homes. According to the 2000 Census, 71 % of the housing stock is single family, with 22% multifamily, and another 7% as 2-4 unit dwellings. Multifamily development is a permitted use in R-3 Zones. They are not allowed in other residential zones, even with a conditional use permit. This apparent constraint on the development of multifamily (and hence, affordable) housing was identified as an issue in the City's 2001-2006 Housing Element Update, since at that time the amount of land available at multifamily densities was insufficient to meet the ABAG Housing Needs Determination for the City. The City Council adopted specific actions to increase the amount of land available at appropriate densities to meet the need identified by ABAG. Specifically, the City committed to change the land use designations/zoning to reflect at least the density range of 15-50 units per acre on specific parcels in three areas of Cupertino, This effectively increases the amount of land available for multifamily development. In addition, the City has a number of programs and policies to support the development of affordable housing. See the section entitled City-Sponsored Housing Programs beginning on page 20. 3. Second Units/Grannv Flats - As noted on page 26, the City has a detailed second units policy, allowing them as a permitted use in single-family residential neighborhoods and in certain other zones (such as agriculture districts and hillside zones). Specific requirements for parking, square footage, lot size, and access are provided. The 2001 Housing Element found that just 14 new second units had been provided between 1993 and 2001. Like other jurisdictions throughout the State, it was apparent that additional changes were needed to encourage the development of second units, which could serve an important role the City's range of programs to meet affordable housing needs. In 2001, the City eliminated the requirement that a property owner live in either the main unit or the second unit, thereby reducing the occupancy restrictions and allowing for more flexible use of second units. In addition, the Housing Element indicates that the City will: Evaluate and revise, if necessary, the Second Dwelling Unit Ordinance to encourage the production of more second units on residential parcels, Evaluate existing parking, square footage minimums and other requirements to determine whether revisions would encourage the development of more second units. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 30 (0 - 3b 4. COIìQTeQate LivilìQ ÅrralìQem~r.ts/GrouQ Hom~s - 11"11995, th~ City o{ Cup~rtilìo enacted an ordinance (No. 1688) to describe the City's policies and land use controls pertaining to residential care and other congregate living arrangements, The purpose of this ordinance was to provide reasonable accommodations for the needs of persons with disabilities, as defined, while at the same time ensuring appropriate safeguards to protect the integrity of residential neighborhoods. This ordinance enumerates areas where such facilities can be located and what kind of permitting is required, depending on the size and type of facility, number of occupants, and proximity to other similar facilities. For example, residential care facilities that are licensed by the State or County with six or fewer residents are permitted uses in most zones, including single-family zones, while care facilities that are not licensed with six or fewer residents must receive a conditional use permit. Similarly, congregate residences with ten or fewer residents are permitted uses in all residential zones, while congregate residences with eleven or more occupants but receive a conditional use permit. Based on the fact that the ordinance allows various kinds of group living facilities to be located without conditional use permits, the City's group homes ordinance does not appear to unduly create impediments to fair housing. Reasonable Accommodations On January 1, 2002, a new law became effective that requires local jurisdictions to include, in the Housing Element's analysis of governmental constraints, a discussion of the potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities, and demonstrate local efforts to remove governmental constraints that hinder the locality from meeting the need for persons with disabilities. In addition, the jurisdiction must include programs that remove constraints or provide reasonable accommodations for housing designed for persons with disabilities. Although the City of Cupertino adopted its Housing Element before the new law went into effect, and as such did not have an opportunity to develop an analysis of the constraints posed by local controls, the Countywide fair housing study did address the issue of reasonable accommodation but did not find any specific problems with the City's current land use controls, The City will, as part of the regular cycle of the Housing Element Update, ensure that no further actions are required to comply with State law, City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 31 (0 - 77 DISCRIMINATION COMPLAINTS, AUDITS AND OTHER ANALYSES LENDING PRACTICES Home Mortgage Disclosure Act Reports Overall Lendinq Patterns Each year lenders must produce disclosure reports on their mortgage lending activities. These reports are collected by the Federal Financial Institutions Examination Council (FFIEC) for their member agencies and released in the form of aggregate reports. For each loan application received, lenders covered by the federal Home Mortgage Disclosure Act (HMDA) are required to report its disposition indicating whether the loan was denied, originated, approved but not accepted, withdrawn, or closed as incomplete, For most loans, the statements are required to identify the geographic location, usually by census tract. The statements must also provide information about the race or national origin, gender, and annual income of the applicant. HMDA disclosure statements cover home purchase, refinancing, and home improvement loans, and contain information about loan originations, loan purchases, and applications that did not result in a loan. Compiling the data for Cupertino between 2000 and 2002 (the most recent years available) shows that, overall, lending institutions working in Cupertino approved conventional loans at a rate of 80% (70% were originated, but 10% that were approved were not accepted by the applicant). Only 9% of applications were specifically denied. In contrast, only 75% of applicants in the entire MSA (which includes Cupertino and other cities in Santa Clara County) had their loans approved, while 14% had their applications denied. This shows that Cupertino, overall, has a higher approval rate for conventional loans than the average found in the South Bay. Loan Originations, Cupertino and the MSA as a Whole, 2000-2003 Conventional Cupertino Loans Status # % TOTALS Loan Originated Approved, Not Accepted App Denied App Withdrawn Files Closed for Incompleteness TOTAL 1 ,480 70% 217 10% 194 9% 171 8% 52 2% 2,114 Conventional MSA Loans Status # % MSA Avg TOTAL Loan Originated Approved, Not Accepted App Denied App Withdrawn Fiies Closed for Incompleteness TOTAL 78,784 64% 13,780 11% 17,428 14% 10,026 8% 3,202 3% 123,220 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 32 {()-7ð' Although more than 2,000 loans were made in Cupertino during 2000 and 2.002. for conventional loans, an even greater number - more than 10,000 applications - were made to refinance existing loans. Again, comparing the information between Cupertino and the MSA as a whole provides an interesting insight: 83% of applications for refinancing were approved in Cupertino, compared with 75% in the MSA as a whole. Only 6% of Cupertino applications were denied, while the MSA's denial rate was 11%. Loan Refinancings, Cupertino and the MSA as a Whole, 2000-2002 Cupertino Refinancings Status # % MSA Refinancings Status # % TOTALS 7,283 1,189 640 799 295 10,206 Loan Originated Approved, Not Accepted App Denied App Withdrawn Files Closed for Incompleteness TOTAL MSA Avg TOTAL Loan Originated Approved, Not Accepted App Denied App Withdrawn Files Closed for Incompleteness TOTAL 231,329 38,701 41,177 36,394 14,943 362,544 71% 12% 6% 8% 3% 64% 11% 11% 10% 4% Although overall Cupertino appears to be doing well in terms of loan approvals, some Census tracts within the City have varying levels of approval rates for loans, The table on the following page shows the 1990 Census tract definitions for Cupertino,S and the approval rates for each kind of loan. The minority concentration per tract from 1990 is indicated, as well as the tract's income as a percentage of the entire MSA median for 1990, This table shows that tract 5080.02 - which had the highest percentage of minority population and the lowest median income in 1990 - also had the largest concentration of non-occupant loan applications for one- to four-family dwellings. In addition, the approval rates for both conventional loans and refinancings were lower than the City as a whole, and denials were higher than average. Another tract - 5081.02 - also experienced approval rates less than the Citywide averages and higher than average denials. Although it would be useful to analyze more closely the approval and denial rates in terms of the race, nationality, gender and income of the applicant, unfortunately information is not available at the tract level. The HMDA data provides statistics along these lines only at the MSA level; considering the broad variation between the MSA as a whole and Cupertino with respect to the data shown above, MSA-Ievel data on applicants may not be useful for an analysis of Cupertino. SAlthough the data from HMDA is from 2000 through 2002, the Census tracts have not been updated to the 2000 Census. Some of the tracts from 1990 have since been split: the information on the following page should therefore be use as a guide rather than as a definitive expression of all loans. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 33 (0 -]7 Loan Approval Rates by Tract, Cupertino, 2000-2002 Non- Median Occupant Income as Home Loans on 1- % of MSA Refinancing Improve- to-4 Family % Minority Median Conventional s men! Loans Dwellings Pop. (1990) (1990) Tract Status # % # % # % # % 5077.01 Loan Originated 99 69% 558 73% 9 50% 22 73% 28% 135% Approved, Not Accepted 14 10% 96 13% 2 11% 1 3% App Denied 13 9% 45 6% 6 33% 3 10% App Withdrawn 12 8% 39 5% 0 0% 1 3% Files Closed -- Incomplete 5 3% 22 3% 1 6% 3 10% 143 760 18 30 5077.02 Loan Originated 215 69% 1,649 74% 29 64% 32 63% 30% 180% Approved, Not Accepted 36 12% 256 12% 2 4% 5 10% App Denied 20 6% 129 6% 7 16% 6 12% App Withdrawn 35 11% 136 6% 5 11% 6 12% Files Closed -- Incompiete 5 2% 47 2% 2 4% 2 4% 311 2,217 45 51 5077.03 Loan Originated 298 67% 1,357 72% 44 52% 60 63% 20% 145% Approved, Not Accepted 50 11% 200 11% 8 9% 8 8% App Denied 54 12% 130 7% 23 27% 12 13% App Withdrawn 32 7% 153 8% 8 9% 10 11% Files Ciosed -- Incomplete 12 3% 53 3% 2 2% 5 5% 446 1,893 85 95 5080,01 Loan Originated 249 72% 1,050 71% 30 63% 70 71% 26% 130% Approved, Not Accepted 37 11% 167 11% 10 21% 8 8% App Denied 29 8% 71 5% 7 15% 8 8% App Withdrawn 26 7% 159 11% 1 2% 7 7% Files Ciosed -- Incomplete 6 2% 35 2% 0 0% 5 5% 347 1,482 48 98 5080.02 Loan Originated 290 68% 1,215 67% 40 44% 105 67% 32% 92% Approved, Not Accepted 41 10% 235 13% 10 11% 20 13% App Denied 45 11% 135 7% 28 31% 13 8% App Withdrawn 35 8% 157 9% 11 12% 13 8% Files Closed -- Incomplete 15 4% 81 4% 1 1% 6 4% 426 1,823 90 157 5081,01 Loan Originated 255 79% 1,084 72% 35 69% 54 74% 28% 133% Approved, Not Accepted 24 7% 183 12% 6 12% 10 14% App Denied 21 6% 91 6% 3 6% 4 5% App Withdrawn 18 6% 107 7% 7 14% 3 4% Files Closed -- Incomplete 6 2% 37 2% 0 0% 2 3% 324 1,502 51 73 5081.02 Loan Originated 74 63% 370 70% 10 48% 10 59% 27% 119% Approved, Not Accepted 15 13% 52 10% 4 19% 1 6% App Denied 12 10% 39 7% 4 19% 2 12% App Withdrawn 13 11% 48 9% 3 14% 3 18% Files Ciosed -- Incomplete 3 3% 20 4% 0 0% 1 6% 117 529 21 17 Lendino Information for Individual Banks As noted above, banks and other financial institutions must annually report on the number of conventional, refinancing and home improvement loans each makes in a community. Some larger banks make quite a few loans in a given time period, but even smaller lenders can make an important contribution to a community's housing market. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice 10 -L(D Page 34 Reviewing HMDA data for banks with branches in Cupertino provides an interesting look at which institutions loan money for housing in the community. The following table shows that, while the overall conventional loan origination rate for Cupertino was about 70% for the period 2000-2002, Downey Savings only approved 54% of conventional loan applications, Downey Savings also had a much higher than expected denial rate. Other banks did not make any conventional loans during this period, Conventional Loan Approval Rates by Lender,s Cupertino, 2000-2002 Total % Approved, % Conventional % Not % Withdraw % Bank Loans Originated Accepted Denied n Incomplete Bank of America Bank of the West California Bank & Trust Catha Bank Citibank Comerica Downe Savin s East West Bank Far East Bank United Commercial Bank Wash in ton Mutual TOTAL CUPERTINO TOTAL MSA 281 73% 2% 9% 15% 0% 0 0 1 100% 23 83% 4% 0% 9% 4% 0 48 54% 19% 27% 0% 0% 0 0 0 399 79% 11% 5% 2% 3% 2,114 70% 10% 9% 8% 2% 123,220 64% 11% 14% 8% 3% With respect to refinancings, these same lenders also showed varying approval rates for loans during the 2000-2002 period; some underwrote many loans, while others just a few. Citywide, the approval rate for refinancings was 71 %, which was significantly higher than the MSA as a whole; however, some lenders - such as Downey Savings - had approval rates far below the average, or had significantly higher denial rates that the City as a whole. Refinancing Approval Rates by Lender, Cupertino, 2000-2002 % Approved, % Total % Not % Withdraw % Bank Refinancings Originated Accepted Denied n Incomplete Bank of America Bank of the West California Bank & Trust Catha Bank Citibank Comerica Downe Savin s East West Bank Far East Bank United Commercial Bank Washin ton Mutual TOTAL CUPERTINO TOTAL MSA 938 12 10 8 101 1 214 4 2 4 1,315 76% 67% 70% 63% 80% 100% 50% 50% 100% 75% 71% 3% 5% 15% 1% 17% 17% 0% 0% 10% 20% 0% 0% 13% 13% 13% 0% 3% 2% 8% 7% 29% 17% 1% 2% 0% 25% 25% 0% 0% 0% 25% 0% 17% 5% 3% 3% 10,206 71% 12% 6% 8% 3% 362,544 64% 11% 11% 10% 4% 6information is provided for only those lenders whose HMDA data was accessible via the www.ffiec.oovwebsite. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 35 (O-l.f, ( Predatory Lending According to the US Department of Housing and Urban Development (HUD), in communities across America, people are losing their homes and their investments because of predatory lenders, appraisers, mortgage brokers and home improvement contractors who: Sell properties for much more than they are worth, using false appraisals. Encourage borrowers to lie about their Income, expenses, or cash avaiiable for downpayments in order to get a loan. Knowingly lend more money than a borrower can afford to repay, Charge high interest rates to borrowers based on their race or national origin and not on their credit history. Charge fees for unnecessary or nonexistent products and services. Pressure borrowers to accept higher-risk loans such as balloon loans, Interest only payments, and steep pre-payment penalties, Target vuinerable borrowers to cash-out refinances offers when they know borrowers are in need of cash due to medical, unemployment or debt problems. "Strip" homeowners' equity from their homes by convincing them to refinance again and again when there is no benefit to the borrower. Use high-pressure sales tactics to sell home Improvements and then finance them at high interest rates. Predatory lenders use the following tactics: A lender or investor tells a victim that they are the only chance of getting a loan or owning a home. The house a victim buys costs a lot more than other homes in the neighborhood, but is not any bigger or better. A victim is asked to sign a saies contract or loan documents that are blank or that contain information that is not true. The victim is told that the Federal Housing Administration insurance protects them against property defects or loan fraud - it does not. The cost or loan terms at closing are not what the victim agreed to. The victim is told that refinancing can solve their credit or money problems, The victim is told that they can only get a good deal on a home improvement if they finance it with a particular lender. A more ambiguous type of predatory loan is the "subprime" mortgage -- that is, a mortgage loan set at a higher-than-normal interest rate or one which has unusual fees added to the costs. According to the Countywide fair housing report, such loans can be either a normal market response to a borrower whose underwriting poses greater-than- average risks (e.g" the lender assumes a higher risk for a somewhat higher interest rate), or a side-effect of redlining by conventional institutions (forcing borrowers in moderate-income areas into a quasi-black market for credit), or a form of consumer fraud (if the higher interest rates or fees are not properly disclosed). Much of the discussion of predatory lending does not clearly distinguish these different phenomena, with some resulting confusion and some disagreement about the extent to which "subprime" predatory lending, where it exists, is a "problem". City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 36 10-1..('2-- According to the Countywide report, a project was undertaken in 2001 with the Fair Housing Law Project to assess the extent of predatory lending practices in San Jose and Santa Clara County, and to develop strategies to combat it. These efforts are still in their early stages -- developing mechanisms for identifying and counseling victims of predatory lending; conducting title research to explore the extent and identity of predatory lenders, learning from attorneys involved in combating predatory lending, and educating other groups and officials in Santa Clara County about the problem, They have conducted investigations, searched title records, identified and counseled victims of predatory lending, They hosted a conference during the summer of 2002 to focus on the extent of and remedies for predatory lending. There remains, however, little hard information on the actual extent of the various specific practices described earlier. A study referenced in the Countywide fair housing report found that in Santa Clara County's "minority" census tracts, 9.5% of mortgage loans could be traced to lenders generally viewed as "subprime" lenders. These same lenders accounted for only 3.7% of mortgage loans in "white" census tracts. This is disturbing, but hard to interpret since data on individual loans is lacking and since the substantial integration in Santa Clara County makes it hard to equate "minority tracts" with "minority borrowers". A recent (May, 2002) study from the Center for Community Change examined individual loans, and found that affluent Hispanic borrowers were 34% more likely to receive subprime refinance loans than whites. The absolute number of such loans, however, is still relatively low in the region. Until better tools arise to measure and dissect predatory lending, it will continue to be a troubling, probably important, but still murky issue in Santa Clara County. In 2002, HUD conducted a similar study to assess whether minority homebuyers receive the same treatment and information as whites at the pre-application phase of the mortgage lending process, and to produce rigorous measures of the incidence of unequal treatment in two metropolitan areas. The mortgage lending process consists of a complex series of stages, including advertising and outreach by lending institutions, responses to pre-application inquiries from potential borrowers, approval or denial of loan applications and determination of loan terms and conditions, and finally, loan administration. Discrimination may occur at any of these stages and may take different forms at different stages. The report found that African American and Hispanic homebuyers in both Los Angeles and Chicago face a significant risk of unequal treatment when they visit mainstream mortgage lending institutions to make pre-application inquiries. Discriminatory treatment at this early stage in the mortgage lending process has the potential to discourage some minorities from continuing their housing search, to limit their search to lower cost homes than they could actually afford, and to prevent them from choosing the most favorable loan products. Unfortunately, most of the lending data available is targeted at the MSA level, rather than towards local jurisdictions. For example, San José's Analysis of Impediments contains detailed information on predatory lending - but most of the statistics are Countywide in nature. Specific problems with specific lenders in Cupertino are difficult to determine, City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 37 (0 -It 3 FAIR HOUSING COMPLAINTS Fair housing services are provided in Cupertino by Midpeninsula Citizens for Fair Housing (MCFH), whose mission states that the organization exists to secure for all individuals an equal opportunity to purchase or rent residential property wherever they choose, On behalf of the City, MCFH: );> Advocates for fair, affordable housing at locai, county, state and federal government levels. );> Educates local officials, tenants, and rental property owners/managers about fair housing laws. );> Assists real estate professionals in interpreting fair housing laws for clients. );> Sponsors and Participates in housing workshops and housing conferences. );> Speaks to the community on housing problems and MCFH activities. );> Investigates ailegations of housing discrimination through the use of trained investigators. );> Counsels home seekers on their rights and responsibilities. );> Refers claimants found to have been discriminated against to relevant state or federai agencies or to local cooperating attorneys, );> Conciliates between claimant and landlord. MCFH maintains records of complaints made by individuals and families seeking housing. The following table shows that, during the period 1997-2003, a total of 60 complaints were received by MCFH. Forty-seven percent of these complaints were based on whether the complainant had children, while 17% believed they were being discriminated against because of their national origin. MCFH Reported Fair Housing Complaints, Cupertino 1997-2003 1997- 1998- 1999- 2000- 2001- 2002- All Complaints 1998 1999 2000 2001 2002 2003 TOTAL Percent Complaint Type Age 1 1 2 3% Children 4 10 8 4 1 1 28 47% Maritai Status 0 Mental Disability 1 2 2 5 8% National Origin 1 3 2 2 2 10 17% Other 0 Physical Disability 1 1 2 2 1 7 12% Race 1 1 1 1 4 7% Religion 0 Sexual Orientation 0 Gender 1 1 2 3% Source of Income 1 1 2 3% B 14 15 11 9 3 60 100% TOTALS Of these 60 cases, 27 were given a formal status as a file to be pursued by MCFH. These cases can be further broken down by the following statistics: City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 38 10 - \.(l( Race of Complainant in Filed Cases, Cupertino 1997-2003 1997- 1998- 1999- 2000- 2001- 2002- Filed Cases 1998 1999 2000 2001 2002 2003 TOTAL Percent Race of Complainant Asian 1 1 1 1 4 15% Black 1 1 1 3 11% Hispanic 1 1 2 7% Native American 1 1 4% White 1 3 4 1 9 33% Other 3 1 1 5 19% Declined to State/Unknown 1 1 1 3 11% 2 7 3 6 6 3 27 100% TOTALS This table shows that 33% of all complainants in filed cases where White, while 15% were Asian. The following table shows that moderate-income clients were most often the complainants, though very low- and extremely low-income clients made up another 30% of the complainants. Income of Complainant in Filed Cases, Cupertino 1997-2003 1997- 1998- 1999- 2000- 2001- 2002- Filed Cases 1998 1999 2000 2001 2002 2003 TOTAL Percent Income of Complainant Extremely Low Income 1 1 1 3 11% Very Low Income 3 1 1 5 19% Low Income 1 2 1 4 15% Moderate Income 3 1 2 2 8 30% Above Moderate Income 1 1 4% Declined to State/Unknown 1 1 1 3 6 22% 2 7 3 6 6 3 27 100% TOTALS Finally, of the 27 cases filed, 37% were successfully conciliated, while another 15% were counseled, Only one case was referred to a State or federal agency; the status of this case is currently unknown. Status of Filed Cases, Cupertino 1997-2003 1997- 1998- 1999- 2000- 2001- 2002- Disposition of Filed Cases 1998 1999 2000 2001 2002 2003 TOTAL Percent Client Declined to Pursue 1 2 1 4 15% Counseled 1 2 1 1 5 19% No Corroboration 1 1 2 4 15% Pending 1 1 4% Referred to DFEH/HUD 1 1 4% Successful Conciliation 1 3 2 1 3 10 37% Unable to test 1 1 2 7% 2 7 3 6 6 3 27 100% TOTALS City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 39 (O-'--() HATE CRIMES Although hate crimes may include classes of people who are not protected under federal or State fair housing laws, statistics on hate crimes can help highlight chronic or emerging problems within a community. For the period 1996-2002, the FBI uniform crime reports show that Cupertino has had few reported hate crimes, Until 2001, no crimes of this nature had been reported. Anecdotal information suggests that those hate crimes reported in 2001 and 2002 were possible reactions to the terrorist attacks of September 11th, 2001 - foùr of the five crimes were based on race, ethnicity and/or religion. Hate Crimes Report to the FBI, Cupertino, 1996-2002 Sexual Year Race Ethnicity Religion Orientation Disability 1996 0 0 0 0 nfa 1997 0 0 0 0 0 1998 0 0 0 0 0 1999 0 0 0 0 0 2000 0 0 0 0 0 2001 1 1 1 0 0 2002 0 1 0 1 0 TOTAL 1 2 1 1 0 Source: FBI Uniform Crime Reports, 1996-2002 City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 40 lo-l{& RECOMMENDATIONS: FIVE-YEAR STRATEGY AND ONE-YEAR ACTIONS CONSOLIDATED PLAN STRATEGY AND OBJECTIVES As noted in earlier sections of this report, as well as in the Consolidated Plan, federal fair housing law requires local jurisdictions to "affirmatively further fair housing" as follows: 1, 2. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction. Take appropriate actions to overcome the effects of any impediments identified through the analysis. Maintain records refiecting the analysis and actions take in this regard. 3. HUD interprets those broad objectives to mean: .:. Analyze and eliminate housing discrimination in the jurisdiction. Promote fair housing choice for all persons. Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability and national origin. Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities. Foster compliance with the nondiscrimination provisions of the Fair Housing Act. .:. .:. .:. .:. To meet these objectives, the City of Cupertino adopted the following actions - many of which were directly incorporated from the Countywide AI under which Cupertino had been a participant - as part of the City's Consolidated Plan objectives: 1. Prepare the City of Cupertino's Analysis of Impediments to Fair Housing Choice, identifying impediments and developing concrete recommendations to address these concerns. Consider funding a service agency (or agencies) whose specific responsibility will be to provide public outreach services to foster awareness of and support for fair housing law; to inform shelter seekers of their rights and remedies; and to publicize the availability of the services within the City and the County. Activities will include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. Consider funding a service agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. Continue supporting the preservation of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. 2. 3. 4. 5. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 4 f (0-"11 As noted in previously, a report commissioned by all of the jurisdictions in Santa Clara County provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair housing organizations. Incorporated by reference and entitled Fair Housing in Santa Clara County: An Assessment of Conditions and Programs, 2000-2002, this report makes a series of recommendations to address Countywide fair housing concerns. Although these recommendations have not yet been adopted by the various jurisdictions in the County, the City of Cupertino supports these recommendations in concept and work with the Countywide jurisdictions to implement them, as warranted, The recommendations are as follows: 1. Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, meeting on a regular basis, be established to address systemic fair housing issues, the collective goals set by funders for the fair housing community, and to foster better information-sharing and familiarity with programs. The task force could playa lead role in implementing the fair housing program agenda of the combined Santa Clara County CDBG jurisdictions, such as the specific substantive recommendations outlined in this chapter. 2. Continue the benefits of coordination at the local government level- The report recommends that the existing CDBG Coordinators' group select representatives who will have a special oversight responsibility for fair housing activities on a countywide basis. One of the responsibilities of these coordinators could be the development of criteria for conducting cost-benefit analyses of fair housing services across jurisdictions. 3. Make improvements in fair housing services and structure: a) The report recommends that all of the County jurisdictions contribute funding to the "specialty" fair housing efforts, and that the "oversight" exercised by Project Sentinel over the current collaboration be shifted to the Fair Housing Task Force, b) The fair housing monitors should annually retain an outside expert on testing and enforcement strategies to conduct site visits at the primary fair housing providers and assess investigation and testing quality. Fair housing funders should use these evaluations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at ieast one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of predatory lending problems in the County. 4. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in successfully litigated City of Cupertino 2004 Analysis of Impediments fo Fair Housing Choice Page 42 (D -Lf f 5. 7. cases, or contingent fees in settlements, this can provide a substantial and se\f- sustaining source of funding for continuing enforcement work. Establish proactive goals for the fair housing community aimed at steadily reducing fair housing problems - The report suggests that the CDBG jurisdictions develop specific, comprehensive goals for the fair housing community. 6. Measure forms of discrimination and deterrent impact of existing enforcement activity - report recommends that program of systematic, randomized housing audits by instituted. Over time, this would generate a robust source of information on discrimination levels, variations across the County, including Cupertino, and trends over time. Better public education - The report recommends that the Fair Housing Task Force take a lead role in developing public outreach campaigns that have a countywide orientation and that jointly publicize the services of the various fair housing organizations, Such public education efforts ought to reflect actual and unique conditions that exist in Santa Clara County. Some specific outreach strategies could include: a) Working with reporters in the local media to do "investigative" stories on important fair housing problems (e.g" banks with deficient lending records, apartment buildings with restrictive occupancy levels), b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., churches, labor union meetings, and community organizations). c) Improving systematic information and communication with social service agencies in the region. d) Developing an integrated set of Public Service Announcements from all of the coordinated fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. 8. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County are pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. 9. Support investigation and litigation aimed at predatory lenders -- The flip side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The report suggests that the 10. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 43 I ð ~'19 Task Force be charged with developing a strategy for periodically monitoring individual cities for compliance. This would include the following: a) Development of a census of group homes in Santa Clara County, and goals for individual cities to encourage development of their "fair share". b) Determination of whether individual cities are properly monitoring the construction of multifamily housing to comply with requirements of fair housing laws. c) Meetings with land use officials from individual cities to identify areas of existing land use reguiations that should be revised to come into conformity with current standards. d) Training of land use officials on the fair housing accessibility requirements, SPECIFIC FIVE-YEAR ACTIONS FOR THIS ANALYSIS OF IMPEDIMENTS Although the actions noted above require further discussion amongst the other jurisdictions in the County before they can be implemented, in developing this Analysis of Impediments for the City of Cupertino, a number of issues have been raised that the City specifically adopts herein as implementation items for the next five years: 1. Conduct a fair housing audit. Midpeninsula Citizens for Fair Housing (MCFH) is the primary provider of fair housing counseling and remediation services to the City of Cupertino. Although over the course of the last six years there have only been 27 actual cases filed where discrimination was alleged, MCFH staff feel that unreported discrimination is substantially higher. Specifically, anecdotal information suggests that there are housing complexes operated by persons of various racial/ethnic groups that tend to rent only to those of the same racial/ethnic group. For example, informal information suggests that there are some apartment complexes throughout the County that are operated by persons of Chinese origin, and the population of those complexes is almost exclusively Chinese. Signs and notices announcing the availability of apartments in the complex are exclusively in Chinese. However, because MCFH operates - as all fair housing organization do - on a complaint basis, cases like these go untested because the occupants may be comfortable living in a complex with others of a similar background, and persons who might be interested in living there would not know that opportunities exist unless they spoke or read Chinese. Although it is presumed that such problems, if they do exist in Cupertino, would be fairly small in nature, staff feels that more research is needed to determine the extent of the problem in Cupertino. Because this issue will also be of concern to the County jurisdictions as a whole, this recommendation will require further discussion and coordination among all cities and the County, in conjunction with the various service providers. 2. Conduct a Survey of Lenders - Although the HMDA data showing patterns of lending in Cupertino are useful in terms of overall rates of approval versus denial, the data are not specific enough at the jurisdictional level to identify potential areas where subprime or predatory lending is a problem with respect to City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 44 [D-)ò persons and families of lower incomes. Further, the HMDA data do not provide information with enough specificity to determine whether certain racial/ethnic groups are receiving equal treatment in lending. This action would include conducting detailed interviews with local banks and other lenders to elicit more information about lending patterns within Cupertino alone, as well as a survey of lower-income residents to discern their experience with lending institutions. From this, the City can target more effectively any recommendations to local banks to improve their services to the community. SPECIFIC ONE-YEAR ACTIONS The following are actions the City will take over the next year to address the fair housing concerns highlighted in this report. 1. Develop a "Reasonable Accommodation" Protocol for the Permitting Process - According to the 2000 Census, about 10% of the population between the ages of 16 and 64 have some disability, while almost 30% of the population over age 65 have a disability, The following table shows the kinds of disabilities these various groups experience: Percent of TOTAL Population Population 16-64 32,933 With a disability 3,388 10.3% Sensory 355 1.1% Physical 637 1.9% Mental 441 1.3% Self-Care 168 0,5% Going Outside the Home 1,453 4.4% Employment 2,353 7.1% Population 65+ 5,104 With a disability 1,504 29.5% Sensory 556 10.9% Physical 962 18,8% Mental 303 5.9% Self-Care 280 5.5% Going Outside the Home 722 14.1% Although the Countywide review of reasonable accommodations practices found no specific problems with the City of Cupertino's land use controls with respect to the development of housing for persons with disabilities, the information above suggests the City can improve how disabled individuals themselves are accommodated when applying for various kinds of permits such as design review or tree removal. There are significant numbers of people whose physical or mental disability could be an obstacle to obtaining the kinds of services that non- disabled can avail themselves of, City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 45 (0-)/ 2. A random interview was conducted with Planning/Building counter staff to discern what City protocols, policies or procedures are in place when a person with a disability wants to make some type of application, The staff consulted was unaware that there are laws specifically requiring jurisdictions to assist persons with disabilities (reasonable accommodation); instead, the staff member indicated the City, out of "humanitarian concerns for people with disabilities," provides whatever help they can, but such help is not codified in any way. Specific actions the City should consider include the following: a. Seek input from groups and individuals in the disability community on ways to improve the provision of housing and planning services to disabled residents. Provide clear signage and pathways for persons with mobility impairments to reach the basement level, where the planning/permits counters are located, Provide signage in the counter area advising disabled clients that the City will assist them in making applications, Consider developing alternative mechanisms for contacting City staff, rather than the use of telephones, when no one is at the counter, Currently, the receptionist advises clients to call the appropriate department; persons with hearing impairments would find this practice a significant obstacle, Deveiop a step-by-step protocol for all staff to follow when a disabled client seeks assistance. b. c, d. e. f. Train all staff, including the receptionist, in these established protocols. Develop a Variety of Informational Materials in Relevant Languages Pertaining to the Permitting Process - The 2000 Census indicates that the Asian-American population increased from 23% to 44%, almost equaling the Caucasian population, However, a review of the City's permitting counter area revealed no documents, instructions or forms in any language other than English. This may be a substantial barrier to some residents' ability to seek services from the City, and may constitute an impediment to fair housing. When this issue was raised with counter staff, the response included a statement that "we don't really see many applications from people who don't speak English." While this may be true, it is nonetheless a barrier to fair housing to provide information that only one group of people can understand. The City should make efforts to reach persons for whom English is not their first language, especially considering the changing racial/ethnic population of the City. Specific actions the City should consider include the following: a. Seek input from groups and individuals in the minority community on ways to improve the provision of housing and pianning services to minority residents. Provide instructions, brochures and other key advisory documentation in languages other than English, as appropriate. Provide signage in the counter area advising non-English-speaking clients that the City will provide basic assistance to persons wishing to make applications for permits, Consider outreach actions to community groups to advise potential ciients of housing- related services within the City. b. c. d. City of Cupertino 2004 Aneiysis of Impediments to Fair Housing Choice Page 46 10 - S'L e. Develop a step-by-step protocol for all staff to follow when a non-English-speaking client seeKS assistance. Train all staff, including the receptionist, in these established protocols. f. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 47 10 ~5J CITIZEN PARTICIPATION AND SUMMARY OF COMMENTS CDBG STEERING COMMITTEE MEETING, APRIL 8, 2004 1. Comment: As a part of the survey of lenders, the City should consider requesting that the federal government conduct a targeted review of local lenders on behalf of the jurisdictions in the County. Response: The purpose of the survey is primarily to develop a closer relationship with the various financial institutions working in Cupertino (and the County as a whole), However, as part of this effort, resources available to the City from the federal government will also be utilized. 2. Comment: The City should consider developing on online permitting process for certain kinds of permits in an effort to address access issues identified in the one-year action plan. Response: In order to comply with reasonable accommodations and fair housing laws, the City will review the feasibility of developing such a program as part of the one-year action to "develop a 'reasonable accommodation protocol for the permitting process" as found on page 45. 3. Comment: One committee member expressed a concern that the actions seem to be "fishing" for problems that do not exist. Specifically, the committee member felt that the data provided in the AI did not show any potential problems with lenders (with regard to subprime or predatory lending) nor with access to services (with regard to the fair housing audit). Response: Although the surface data do not immediately show potential problems, in fact the data are not detailed enough to provide the kind of information the City would need to make a determination one way or the other. The actions included here in the AI are the minimum required to comply with both federal and State laws. City of Cupertino 2004 Analysis of Impediments to Fair Housing Choice Page 48 IO-:;Y 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 F A X (4()~) 777-"" CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA NO.JL AGENDA DATE Mav 3, 2004 SUMMARY: Valko Fashion Park, located on the East and West sides of Wolfe Road between Stevens Creek Boulevard and Highway 280. RECOMMENDATION: 1. The Planning Commission recommends adopting a Negative Declaration (EA-2004-07) 2. Conduct the second reading Ordinance No. 1936 to allow a movie theater complex to be located on top of the existing mall shops or within the existing parking lots adjacent to Wolfe Road BACKGROUND: The City Council approved and held the first reading of Ordinance No. 1936 at its April 27, 2004 meeting. The Negative Declaration is scheduled for this meeting to allow for the required public review period. DISCUSSION: Amendments Agreement, 1-DA-90, was approved by the City Council in 1991 with a Negative Declaration, which provides the applicant with vested rights until 2006. The Valko Fashion Park has a vested right to construct approximately 500,000 square feet of retail space, including a 3,500-seat cinema, The Development Agreement calls for the cinema at three specific locations. This amendment would allow for additionalloca,tions for the cinema. The Development Agreement was approved by the City Council with a Negative Declaration. Please refer to the enclosed April 27, 2004 staff report for additional information on the project, which was approved on that date. Negative Declaration The enclosed Initial Study explains that the project was previously approved and could be constructed at any time without additional California Environmental 1 \-1 Printed on Recycled Paper Mike Rohde (ValIco Fashion Park) M-2004-01 Page 2 Quality Act (CEQA) review. Since the cinema will retain the maximum number of seats analyzed in the original Negative Declaration, the approval of alternate locations is not expected to have significant impacts. Regarding sanitary sewers, the Initial Study reports that construction of other projects in the vicinity since the 1990 approval of this project have led to the need to expand the sanitary sewer line on Wolfe Road. A study will determine the scope of the expansion project. No significant environmental impacts are expected from the resulting expansion. Enclosures: Ordinance #1936 Initial Study Negative Declaration Site Plan Theater Plans City Council Staff Report, April 27, 2004 Prepared by: Ciddy Wordell, City Planner Submitted by: Approved by: ~ ¿;;-f~ (ß tt>Qß ~ I CA.IU Steve Piasecki Director, Community Development David W. Knapp City Manager G:planningj pdreportj ccM- 2004-01 (1-2 DRAFT ORDINANCE NO. 1936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO l-DA-90, DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND V ALLCO INTERNATIONAL SHOPPING CENTER, LLC RECITALS Whereas, the City Council of the City of Cupertino on July 15, 1991, enacted Ordinance No, 1540 approving application l-DA-90 authorizing the execution ofa Development Agreement (as provided to Section 65864 et seq. of the California Government Code) between the City of Cupertino (hereinafter referred to as the City), Westland Properties, Inc. and Westland Shopping Center, L.P. regarding the Development known as Vallco Fashion Park Center in the City of Cupertino; and Whereas, Vallco International Shopping Center, LLC (hereinafter referred to as the Applicant) is the successor-in-interest to said above described Development and Development Agreement; and Whereas, the Applicant to the Development Agreement wishes to amend the Agreement, as provided in the First Amendment to the Development Agreement attached hereto and made part hereof by reference; and Whereas, the Applicant has formally filed its application seeking the Amendment with the Director of Planning and Community Development (hereinafter referred to as the Director) as required by City Municipal Code Chapter 19,116; and Whereas, the Director has reviewed the Application as required by City Municipal Code Section 19.116.090; and Whereas, after notice and public hearing, the City of Cupertino Planning Commission has reviewed and has recommended approval of said Application at its meeting of April 26, 2004, as required by Section 19.116,130 of the City's Municipal Code; and Whereas, the City Council, after notice and public hearing, has considered the Planning Commission's recommendations at its meetings of April 27, 2004, and May 3, 2004; 11-3 Ordinance No. 1936 THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 1. The City Council finds that all notices required by law have been given. 2. The City Council finds that the application for an Amendment to the Development Agreement is: a) Consistent with the objectives, policies, general land uses and programs specified in the General Plan, and any applicable specified plan; b) Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Development is located. c) In conformity with and will promote public convenience, general welfare, and good land use practice; d) Not detrimental to the health, safety and general welfare; e) Not adverse to orderly development of property, nor to the preservation of property values; f) Conducive to promoting and encouraging the proposed reconstruction of the Development by providing a greater degree of requisite certainty of the entitlements secured under the Development Agreement. 3. The City Council finds that the Amendment was subject to an initial study as required by the California Environmental Quality Act, and that it has no significant impact on the environment. 4, After careful consideration of the maps, facts, exhibits, testimony and other evidence, the request for amendment to the Development Agreement as described in the attachment is approved and the Mayor is authorized to execute the attached Amendment on behalf of the City of Cupertino. 5. The sub-conclusions upon which the above findings and approvals are based are contained in the public hearing record concerning the application as set forth in the minutes of the Planning Commission meeting of April 26, 2004, and are incorporated by reference as though fully set forth herein. 6. The City Clerk is directed to record with the County Recorder of Santa Clara County a certified copy of this Ordinance and attachment and to cause this Ordinance to be published as required by law. 2 I (-l( Ordinance No. 1936 INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 27th day of April 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 3rd of May 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3 1[-,) Attachment FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CUPERTINO AND V ALLCO INTERNATIONAL SHOPPING CENTER, LLC (Successors-in-Interest) RECITALS Whereas, the City Council of the City of Cupertino on July 15, 1991 enacted Ordinance No. 1540 approving application l-DA-90, authorizing the execution of a Development Agreement (as provided to Section 65864 et seq. ofthe California Government Code) between the City of Cupertino (hereinafter referred to as the City), Westland Properties, Inc. and Westland Shopping Center, LP. regarding the Development known as Vall co Fashion Park Center in the City of Cupertino; and Whereas, Vallco International Shopping Center, LLC (hereinafter referred to as the Applicant) is the successor-in-interest to said above described Development and Development Agreement; and Whereas, the parties to the Development Agreement wish to amend the Agreement, as provided in the First Amendment to the Development Agreement attached hereto and made part hereof by reference; and Whereas, the Applicant has formally filed its application seeking said amendment with the Director of Planning and Community Development (hereinafter referred to as the Director) as required by City Municipal Code Chapter 19.116; and Whereas, at its regular meeting of City of Cupertino enacted Ordinance No. Amendment. ,2004, the City Council of the authorizing the execution of the Now Therefore, it is hereby agreed by the parties as follows: 1. Section 2.6.1 of this Agreement shall read as follows: 2.6.1 Westland may elect to build a cinema complex of up to 2500 seats on the site adjacent to the Sears store shown on Exhibit "B" (the "west side site"). Notwithstanding the above provision, the location ofthe cinema complex of the size described above, or as increased pursuant to Section 2.6.2 of this Agreement, may be moved to any location along the west side of Wolfe Road within the Development upon approval of the Director of Community Development under the provisions of Section 1.3.1 of this Agreement related to "minor amendments or modifications." I(-~ 2. The last sentence of the second paragraph of Section 2.6.3 ofthis Agreement shall read as follows: 2.6.3 ... approval of additional number of seats for cinema use beyond the limits described in Sections 2.6.1, 2.6.2 and 2.6.3 shall be subject to separate use permit application. 3. All other terms of the Development Agreement remain in full force and effect. 4. This Amendment, together with Ordinance No. - shall be recorded with the County Recorder of Santa Clara County. IN WITNESS WHEREOF, the City of Cupertino and Vallco International Shopping Center, LLC have executed this FIRST Amendment as of the date hereinafter above written. CITY OF CUPERTINO, A MUNICIPAL CORPORATION V ALLCO INTERNATIONAL SHOPPING CENTER, LLC BY: BY: Sandra James, Mayor Its Attest: City Clerk Approved as to form: Charles T. Kilian, City Attorney G:\PlanningWallco\lst Amend to Dev Agree Vallco.doc 2 ((-J City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department I CUPEI\IINO April 9, 2004 NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT A DRAFT SUBSEQUENT NEGATIVE DECLARATION NOTICE IS HEARBY GIVEN that a Draft Subsequent Negative Declaration and Initial Study have been prepared to assess the environmental impacts of the following project: APPLICATION: Vallco Fashion Park - M-2004-01 (EA-2004-07) APPLICANT (s): Mike Rodhl:' (Vallco Fashion Park) PROPERTY LOCATION: Wolfe Road betwl:'enStevl:'ns Creek Boulevard and Interstate 280. APN#s: 316-20-037, -038, -043, -052, -055, -059, -062, -063, -064, -065," 066, -067, -080, -081, -082 PROJECT SUMMARY: ' The Valko Fashion Park has a vl:'sted right to construct approximatdy 500,000 sq. ft. of retail space, including a 3,500-seat cinema. The Development Agreement calls for. the cinema at three specific locations. This amendment would allow for additional; locations for the cinema. The Devl:'lopment Agreeml:'nt, file number I-DA-90 was approved by the City Council in 1990 with a Negative Declaration and provides the applicant with vested rights until 2006. The project as proposed will require the following approvals: 1. Modification to the Development Agreement to allow for alternate cinl:'ma locations 2. Approval of an ordinance amending the Development Agreement. PROJECT PLANNER: Peter Gilli, Senior Planner SUBSEQUENT NEGATIVE DECLARATION AND INITIAL STUDY: A draft environmental assessment document has been prepared for the proposed project described above. The application requires the preparation of an environmental impact assessment under thl:' provisions of the California Environmental Quality Act (CEQA). Based on SI:'ction 15164 of CEQA, the City believes that an addendum to the 1990 Negative Declaration is appropriate, since the project will not create any additional It-? enVITonmental impacts beyond what has been previously analyzed. However, the City is preparing a Subsequent Negative Declaration to provide the opportunity for public input. PUBLIC REVIEW AND COMMENT PERIOD: Project plans and a copy of the Initial Study/Subsequent Negative Declaration are attached and are also available for your review in the Community Development Department at City Hall during normal business hours. If you wish to comment on the Initial Study/Subsequent Negative Declaration, please submit your written comments by April 26, 2004 to: Peter Gilli, Senior Planner Community Development Department 10300 Torre Avenue Cupertino, CA 95014. Comments will be accepted if submitted no later than April 30, 2004. PLANNING COMMISSION AND CITY COUNCIL REVIEW AND PUBLIC HEARING: After public review of the environmental document, the Planning Commission will hold a public hearing for review of this planning application and provide comments and recommendations to the City Council. . The Planning Commission public hearing is scheduled for April 26, 2004 at 6:45 . PM in the City Council Chambers at City Hall. . The City Council public hearing and first reading of the ordinance is tentatively scheduled for April 27, 2004 at 5:00 PM in the City Council Chambers at City Hall. . The adoption of the Negative Declaration and second reading for the proposed ordinance is tentatively scheduled for Mav 3, 2004 at 6:45 PM in the City Council' Chambers at City Hall. If any person challenges this item in court, that person may be limited to raising only those issues the person or some else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the public hearings. Please call Peter Gilli at (408) 777-3313 or e-mail at peterg@cupertino.org if you have any questions. fl-I City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department I CUPEJQ1NO PROJECT DESCRIPTION: Project Title: Vallco Fashion Park: Amendment to Development Aqreement Project Location: Wolfe Road between Stevens Creek Boulevard and Interstate 280 Project Description: Amendment to previous approvals to allow for an alternate locations for a previously approved cinema buildinq. Environmental Setting: Vallco Fashion Park is a reqional shoppinq center located on Wolfe Road in Cupertino, The shoppinq center is situated alone both the east and west sides of Wolfe Road between Interstate 280 and Stevens Creek Boulevard. Interstate 280 runs adiacent to the site on the north. and provides freeway access to the site via the interchanqe with Wolfe Road,. Stevens Creek Boulevard borders the site to the south. Sinqle-famiiy residential subdivisions are adjacent to the west side of the site. and multi-story office buildinqs are situated to the east. '. . PROJECT DESCRIPTION: Site Area (ac.) - ~ Building Coverage - -1L % Exist. Building - 1.1 mil s.f. Proposed Bldg. - 1.65 mil s.f. Zone - P(Reqional Shoppinq) G.P. Designation - Commercial/Residential Assessor's Parcel No. - 316-20-037 -038 -043 -052 -055 -059 -062 -063, -064. -065, -066, -067 -080, -081. -082 If Residential, Units/Gross Acre - N/A Unit Type #1 Applicable Special Area Plans: (Check) 0 Monta Vista Design Guidelines 0 N. De Anza Conceptual ø Heart of the City Specific Plan 0 0 0 S. De Anza Conceptual S. Sara-Sunny Conceptual Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - 1.65 mil s.f, FAR - 51% Max. Employment Potential - 3.620 Parking Required 6,670 Parking Provided 6670 Project Site is Within Cupertino Urban Service Area - YES ø NO 0 l\.--ID A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8, Noise Element Amendment 9, City Ridgeline Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health D. OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regional Open Space Oistrict 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CALTRANS 35. County Transportation Agency 36. Santa Clara Valley Water District E. OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood Maps/SCVWD Flood Maps 39. USDA, "Soils of Santa Clara Countý' 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site F. OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series Background In 1989 and 1990, Westfield, Inc., applied for a General Plan Amendment (2-GPA- 89), Rezoning (7 -Z-90), Use Permit (9-U-90) and Development Agreement (1-DAc 90) to allow for a 500,000 sq. ft. expansion to the Vallco Fashion Park, which included a cinema that can be located at one of three sites in the shopping center. Brady and Associates, Inc analyzed the environmental impacts of the past approvals in an Initial Study in March 1990 (attached for reference). On July 1,1991, the City Council approved the development applications and a Negative Declaration based on the Initial Study. The Council action included a Development Agreement that vested all associated approvals until 2006. The 1991 expansion project can be built without any further CEQA review. The current project is a modification to prior approvals and the original Negative Declaration to allow alternative locations for the cinema building along Wolfe Road. The approved and proposed cinema locations are shown in an attached map. Due to the vested development rights that the applicant has, this initial study will focus only on the impacts of approving alternate locations for the cinema. Categories with No Impacts The project area is in an urbanized area on underdeveloped land. No undeveloped land will be affected by the full expansion project. Therefore the expansion project ( \~II and this subsequetll amendment will have no impact on ögricultural, biological, cultural, mineral or recreational resources. Aesthetics There is no scenic vista in the vicinity of the proposed project. A single-family residential neighborhood is located along the west side of the Vallco Fashion Park. A mature line of redwood trees (average height is 60') stands along the westerly property line abutting these residents. Due to these trees, locating the theater building along Wolfe Road in any location is not expected to have significant visual impacts on these neighbors. The height of the cinema at the proposed location is not greater than the height of the development approved immediately across Wolfe Road in the "Rose Bowl," therefore no significant visual impacts are expected from other vantage points. The project proposes new skylights that may result in visual impacts on neighboring homes, however, the City will require that such skylights be adequately screened in any case, so the potential impact would be less than significant. Air Quality The Brady and Associates 1990 report studied the air quality impacts that would result from the complete expansion of the Vallco Fashion Park to 1.6 million sq. ft. from the current 1.1 million sq. ft. of area. The conclusions were that the original project did not require mitigation measures beyond taking steps to facilitate access to, from and through the site to reduce idling emissions, which would be required by the City in any case. Geology and Soils Regardless of the final location, the cinema will be built according to applicable building codes to ensure the safety of occupants during seismic events. The Brady and Associates 1990 report did not identify any geological or soil issues that warranted study. Hazards and Hazardous Materials Alternate locations for the cinema will not introduce hazardous materials or interfere with emergency plans. Hydrology and Water Quality Alternate locations for the cinema will have no negative impact on hydrology or water quality. The primary option will be to place the cinema on top of the existing building, which would allow for more of the property to be used for storm water retention purposes. The Vallco property is in Flood Zone B, which is not a 1 OO-year flood hazard area. Land Use and Planning The final location for the cinema will be required to conform to the City's applicable height, setback and intensity regulations. \ \.--{ 2- Noise As part of the review of the original permit in 1990, INAS Engineering studied noise impacts from the mall expansion project and concluded that they would not be significant (less than 5 dBA) and that they would not impact adjacent residential areas to the west of the site due to the 10' sound wall along the westerly property line. The final location for the cinema will be required to conform to the City's Noise Ordinance, which will sufficiently mitigate noise impacts on neighboring properties or persons. Population and Housing Alternate locations for the cinema will not result in population growth, nor will it displace existing housing or people. Public Services Alternate locations for the cinema will have no impact on local schools, parks or public facilities. The County Fire Department and County Sheriff's Department have expressed no concerns with the concept of these locations with the acknowledgement that each department will review the final plans for conformity with their respective regulations and policies. Traffic and Circulation The traffic and circulation impacts for the original project were analyzed based on a Barton-Aschman study in 1990. The traffic study analyzed the build out scenario of the shopping center with the possibility of the cinema in one of three locations. Two of the locations are on the east side of Wolfe Road. One location is on the west side of Wolfe Road. The City Council found that the resulting traffic impacts were not significant. This project would allow for the cinema to be located in any location adjacent to Wolfe Road. The most likely location is on top of the existing building, as shown in the attached plans. This location is less than 400 feet from a previously approved location. Utilities and Service Systems This project was previously approved and could be constructed at any time without additional CEQA review. This review is solely for alternate sites of a previously approved cinema, and since the cinema will retain the maximum number of seats analyzed in the original Negative Declaration, the approval of alternate locations is not expected to have significant impacts. However, since the 1990 approval of this project, the construction of other projects in the vicinity have led to the need to expand the sanitary sewer line on Wolfe Road. Multiple developments are contributing to the study and installation of this line, and it is expected that the Vallco expansion project would participate as well. The resulting construction of the larger sanitary line is not expected to have any significant environmental impacts since the sanitary line is aligned under Wolfe Road and the entire area is urbanized. [ \ -{'3 EVALUATION OF EI'.{IRONMENTAL IMPACTS (checklist); r---------------- - - -~~----------------- ~--- --- -- c ~1: 5 ~ ¡¡,g æ~- ;œ::¡ü ~.!1:5~~ ..I::UU ü ISSUES: ë!!: ~ I-¡¡:<II 0 <II :: ~ .¡t ,g> e- ",'- 0. zo. [and Supporting Information Sources] '" C E '" C E .§ õ.~- j.!¡I ~ 8 (.~- c..U) (IJ .s ...JU) I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 0 0 0 ø scenic vista? b) Substantially damage scenic resources, 0 0 0 ø including, but not limited to, trees, rock I outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual 0 0 ø 0 character or quality of the site and its surroundings? d) Create a new source of substantial light or 0 0 ø 0 glare, which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique 0 0 0 ø Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland I Mapping and Monitoring Program of the I California Resources Agency, to non- i agricultural use? I b) Conflict with existing zoning for 0 0 0 ø , agricultural use, or a Williamson Act I contract? c) Involve other changes in the existing 0 0 0 ø environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? , III. AIR QUALITY - Where available, the U,_ignificance cri~La_~~tablished by the --- ---- (I---{Ll \ >... <: c:ë -C: ~Š 5g ~r¡'t; IU",.... 't; I ISSUES: ~.~:5~~ ..c:uu ë!Ee 1-1;::'" 0 '" ::: ~ '§: .9' E- en"- Q. zQ. [and Supporting Information Sources) c <: E en!: E .5 Õ .2'- j~ ;¡¡¡ 8 c .2'- D..IJ) .E ...JIJ) applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of D D D 0 the applicable air quality plan? I b) Violate any air quality standard or D D D 0 contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net D D D 0 increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial D D D 0 pollutant concentrations? e) Create objectionable odors affecting a D D D 0 , substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either D D D 0 directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game I or U,S. Fish and Wildlife Service? b) Have a substantial adverse effect on any D D D 0 I riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on D D D 0 I federally protected wetlands as defined by Section 404 of the Clean Water Act I I (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, I filling, hydroloJJlcall"-t~~~':Jption, °L9ther --~ ----",-- -- --~--_J (\- () ,--- ;>.- <: I:'E \ -Co S"é Co.Q -os- .<:rJ.<:,g1! Rlos- Õ .!!! (.) (.) .c(.)(.) ISSUES: ,,!E~ ';;S:1~&. ';;;!E ~ 0 os [and Supporting Information Sources] '" <: E ::¡:¡' ;;; (; '" C E Zî õ.~- ....J¡¡j ::;:~ ().~- a.CI) ...JCI) means? I d) Interfere substantially with the movement 0 0 0 0 of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or 0 0 0 0 ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted I ",bltat Co"'N,t"" PI,", ",torn! 0 0 0 0 Community Conservation Plan, or other .. approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in 0 0 0 0 the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in 0 0 0 0 the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique 0 0 0 0 I I paleontological resource or site or unique ! geologic feature? d) Disturb any human remains, including 0 0 0 0 those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential I I substantial adverse effects, including the risk I I of loss, injury, or death involving: I i) Rupture of a known earthquake fault, as 0 0 0 0 I delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? I Refer t9 Division of Mines and Geology (t -(~ \ >"" c: c:"Ë I -c ¡;~~,g -ra'" rara- ~I .!!! u u .cu.c:;:¡i! ..cuu ISSUES: ~!E~ ';;;;;: ~ ~ &. I-;¡:III 0 III [and Supporting Information Sources] Q) C E g¡ S, '" ð ::¡"c ~ z.ê õ.~- ..J(jj :E~ Q .~- Q.I/ ...JI/ I Special Publication 42. I I ii) Strong seismic ground shaking? 0 0 0 0 iii) Seismic-reiated ground failure, including 0 0 0 0 liquefaction? iv) landslides? 0 0 0 0 b) Result in substantial soil erosion or the 0 0 0 0 loss of topsoil? c) Be located on a geologic unit or soil that is 0 0 0 0 unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined 0 0 0 0 in Table 18-1-B of the Uniform Building Code creating substantial risks to life or property? e) Have soils incapable of adequately 0 0 0 0 supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS I MATERIALS - Would the project: a) Create a significant hazard to the public or 0 0 0 0 the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or 0 0 0 0 the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? I c) Emit hazardous emissions or handle 0 0 0 0 I hazardous or acutely hazardous materials, substances, or waste within one-quarter mile I of an existing or proposed school? I d) Be located on a site which is included on a 0 0 0 0 list of hazardous materials sites compiled ~ursuant to Government Code Section 6~§~?__éJ_nd, as a resljlt, woulcJJ!~£e_a~- ------- ---- (1-/1 1- ¡;; :>'" 5~ gg !:~ - I: ]!r¡õ CUCU" õ ï=.!1:5~~ ""00 ISSUES: ~!E~ ';;;!E [ 0 cu [and Supporting Information Sources] '" C E m ~ '!i ,g> e- u> C E z.§" õ.~- j~ :!! 8 Q.~- c..(J .5 ...J(J significant hazard to the public or the environment? e) For a project located within an airport land 0 0 0 0 use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private 0 0 0 0 airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically 0 0 0 0 interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a 0 0 0 0 significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? - VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or 0 0 0 0 waste discharge requirements?] b) Substantially deplete groundwater 0 0 0 0 supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage 0 0 0 0 pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion of siltation on- or off-site? ---- m --_-----.Ò It-I! ISSUES: [and Supporting Information Sources] d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? I j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? I b) Conflict with any applicable land use plan, i policy, or regulation of an agency with I jurisdiction over the project (including, but I not limited to the general plan, specific plan, ¡local coastal program, or zoning ordinance) I adopted for the purpose of avoiding or , mitigating an environmental effect? I c) Conflict with any applicable habitat I conservation plan or natural community , conservation plan? »... -I: ~~ti ¡:!;~ Q) C E Õ CI- Il.êij 0 0 0 0 0 0 0 0 0 0 c 1i~ ¡¡g ~ .~ :5 :; ~ :g 'i§ 'j ,g' e- .3æ' :¡¡ 8 .E 0 0 0 0 0 0 0 0 0 0 ;~... .cuu ';;;!; [ ., C E Q .~- ..JU) 0 0 0 0 0 0 0 0 0 0 ti 0 III z~ ø 0 0 0 0 0 0 0 0 0 , i I I r \~(1 ( I ISSUES: I [and Supporting Information Sources] i X. MINERAL RESOURCES -- Would the project: I a) Result in the loss of availability of a known mineral resource that would be of value to , the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? I XI. NOISE -- Would the project result in: I a) Exposure of persons to, or generation of, I noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? I b) Exposure of persons to or generation of excessive groundborne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the I project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project I expose people residing or working in the project area to excessive noise levels? I f) For a project within the vicinity of a private I airstrip, would the project expose people I residing or working in the project area to I excessive noise levels? I XII. POPULATION AND HOUSING -- Would ! the project: I a) Induce substantial population growth in an I area, either directly (for example, by Lproposing new homes and businesses) or »... -I: ~r¡tí "!:!E~ Q C E Õ CI- a.iij D D D D D D D D D c: 5~ §,g ¡: .!:! :5 ~ ~ ::! ~ 'i ,g> ¡:. ~æ ~ 8 .E D D D D D D D D D c:1: CUCU'" '<:uu ';!E::1 en C E Q) CI- ...Jiij D D D D 0 iii D D D tí 0 cu z~ 0 0 0 0 D .. D 0 0 iii I I i I I I \\-l-D I - ! ),- I: I:'E -I: S"¡; t:.Q -"'- J:~J:,gË "'",- ü .!!! u u J: U U ISSUES: ~!!:~ 1-'--"'0 ';;;!!: [ 0 '" [and Supporting Information Sources] '" C E g¡ ~ .it g> e- "' C E Zî õ.~- j~ :¡¡ s "'.~- II.. VI .5 ...JVI indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing D D D 0 housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, D D D 0 I necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES I a) Would the project result in substantial I adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: I Fire protection? D D D 0 Police protection? D D D 0 ! Schools? D D D 0 I Parks? D D D 0 Other public facilities? D D D 0 XIV. RECREATION -- a) Would the project increase the use of D D D 0 I existing neighborhood and regional parks or I other recreational facilities such that ; I , substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational D D D 0 facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? - XV. TRANSPORTATIONITRAFFIC .. I Would the project: a) Cause an increase in traffic which is D D 0 D _n__- ------------ ((-'21 ( - >"'" c !:~ -c rq ~~ I ]!rJü 01111- Ü ï= .!1 oS :; ~ .<:..,'" ISSUES: ~!Eë 1-..,01 001 ::: ~ '3' ,g> e- ","- <>. z<>. [and Supporting Information Sources] c I: E '" I: E .§ õ.~- jæ':e8 CII.~- Q.tJ .E ...JtJ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, 0 0 0 It! a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, 0 0 0 0 including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a 0 0 0 0 design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 0 f) Result in inadequate parking capacity? 0 0 0 It! I g) Conflict with adopted policies, plans, or 0 0 0 0 programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? I XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment 0 0 0 0 requirements of the applicable Regional I Water Quality Control Board? I b) Require or result in the construction of 0 0 0 0 new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of 0 0 0 0 I new storm water drainage facilities or expansion of existing facilities, the I I construction of which could cause significant I I environmental effects? I e) Result in a determination by the 0 0 It! 0 r(~2.L. ;>"" ¡;; c:'; -I: ;~ 5 g l'!~ü "'",- ü ~.!1.s~~ .<:..,'" ISSUES: ~!i: '" 1-1;:'" 0 '" =~'~,g>e- ¡p= ~ zo. [and Supporting Information Sources] Q t: E .§ õ.~- jcW:E8 ().~- I Q.I/) .E ...II/) ¡["'I,wal" 1~Im'rn pro>;d" wh;ch re~' or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient 0 0 0 0 permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local 0 0 0 0 statutes and regulations related to solid waste? fr - '2- '3 a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The City has no information that would indicate that the alternate locations for the cinema would result in any new significant impacts that were not previously anal ed in the Brad and Associates stud of 1990. b) Does the project have impacts that are 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? There is not sufficient sanitary sewer capacity along Wolfe Road to handle the buildout of the shopping mall expansion in conjunction with recently approved projects. The line capacity must be increased in the near future. There are no si nificant environmental impacts expected from this sanita sewer line up rade. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The City has no information that would indicate that the project will have substantial ~dverse effects on humans, directly or indirectly. 0 0 0 0 0 0 0 0 0 0 0 I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data, I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. 'OIL-- A j}! , Preparer's Signature . ~ ~ Print Preparer's Name Peter Gilli. Senior Planner (( - 2.1.{ ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Aesthetics D Agriculture Resources D Air Quality D Biological Resources D Cultural Resources D Geology /Soils D Hazards & Hazardous D Hydrology / Water D Land Use / Planning Materials Quality D Mineral Resources D Noise D Population / Housing D Public Services D Recreation D TransportationfTraffic D Utilities / Service D Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: g:¡ The proposed proiect COULD NOT have a siQnificant effect on the environment. and a subsequent NEGATIVE DECLARATION will be prepared. D Although the proposed project could have a significant effect on the environment. there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE . DECLARATION will be prepared. D The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards. and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, An ~NVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards. and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION. including revisions or mitigation measures that are imposed upon the proposed project. nothing further is required. D7 i ¿tf; / (94 4te { )( - Lf CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4,1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on April 27, 2004. PROTECT DESCRIPTION AND LOCATION EA-2004-07 Application No.: Applicant: Location: M-2004-0l Mike Rohde (Vallco Fashion Park) 10123 N. Wolfe Road DISCRETIONARY ACTION REQUEST Amendment to the development agreement for Valko Fashion Park (Application No. 1- DA-90) to allow a movie theater complex to be located on top of the existing mall shops or within the existing parking lots adjacent to Wolfe Road. FINDINGS OF DECISIONMAKING BODY The Planning Commission granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA2 0040 7 1(-7-~ 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (40R) 777-"'" CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA NO.- AGENDA DATE April 27, 2004 SUMMARY: Consider approving Application No(s). M-2004-01 and EA-2004-07 (Valleo Fashion Park) and to consider an amendment to the development agreement for Valleo Fashion Park (Application No. 1-DA-90) to allow a movie theater complex to be located on top of the existing mall shops or within the existing parking lots adjacent to Wolfe Road, The subject property is located on the East and West sides of Wolfe Road between Stevens Creek Boulevard and Highway 280. RECOMMENDATION: The Planning Commission is considering this application on April 26; their recommendation will be presented verbally to the City Council at this meeting, Should they recommend approval, the City Council action is to: 1. Approve an amendment to the development agreement (M-2004-0l) in accordance with Ordinance #1936 The Negative Declaration will be considered on May 3 to allow for the required public review period, BACKGROUND: The Valleo Fashion Park has a vested right to construct approximately 500,000 square feet of retail space, including a 3,500-seat cinema, The Development Agreement calls for the cinema at three specific locations. This amendment would allow for additional locations for the cinema, The Development Agreement, 1-DA-90, was approved by the City Council in 1990 with a Negative Declaration and provides the applicant with vested rights until 2006. DISCUSSION: Amendments The enclosed site plan of Valleo Fashion Park shows the three approved locations, outlined in red, for a 3,500- seat cinema. (( - 27 Printed on Recycled Paper Mike Rohde (Valko Fashion Park) M-2004-01 The applicant proposes alternate locations, shown in blue, with the most likely location for the cinema shown in green, The existing wording in the development agreement, 2.6.1, states: Westland may elect to build a cinema complex of up to 2,500 seats on the site adjacent to the Sears store shown on Exhibit "B" (the "Westside Site"), The proposed wording, as shown in the attached Exhibit A, adds the following: Notwithstanding the above provision, the location of the cinema complex of the size described above, or as increased pursuant to Section 2.6.2 of this Agreement, may be moved to any location along the west side of Wolfe Road within the Development upon approval of the Director of Community Development under the provisions of Section 1.3.1 of this Agreement related to "minor amendments or modifications." This wording allows for additional locations and provides that the amendment is minor and shall not constitute subsequent discretionary approvals subject to further CEQA review, However, as explained in the attached Notice of Public Hearing and Intent to Adopt a Draft Subsequent Negative Declaration, a Negative Declaration was prepared to provide the opportunity for public input. 2. The second proposed change is for darification purposes, i.e., the number of seats is in addition to those stated in the referenced sections. The last sentence of the second paragraph of Section 2.6,3 of this Agreement shall read as follows: 2.6.3 ... approval of additional number of seats for cinema use beyond the limits described in Sections 2.6.1, 2.6.2 and 2.6,3 shall be subject to separate use permit application. Negative Declaration The enclosed Initial Study explains that the project was previously approved and could be constructed at any time without additional California Environmental Quality Act (CEQA) review. Since the cinema will retain the maximum number of seats analyzed in the original Negative Declaration, the approval of alternate locations is not expected to have significant impacts, Regarding sanitary sewers, the Initial Study reports that construction of other projects in the vicinity since the 1990 approval of this project have led to the need to expand the sanitary sewer line on Wolfe Road. A study will determine the Page 2 {(-tl Mike Rohde (Valleo Fashion Park) M-2004-0l scope of the expansion project, No significant environmental impacts are expected from the resulting expansion, Next Steps If the amendment is approved, the applicant may apply for design review after that time, since the cinema use and locations are vested through the development agreement. Subsequent proposed projects are processed through building permits and design review. Design review is limited to review by the Director of Community Development to determine whether the plans are consistent with the design objectives and use permit conditions. The Director approves the building permit plans as long as the plans conform to the design objectives and use permit conditions. Enclosures: Planning Commission Model Resolution Draft Ordinance #1936 Initial Study Negative Declaration Site Plan Theater Plans Prepared by: Ciddy Wordell, City Planner Submitted by: Approved by: C5~ æ~/Cútr ~¿¿).~/~ David W. Knapp I "- City Manager Steve Piasecki Director, Community Development G:planning/ pdreport/ eeM-20M-O1 Page 3 \l~2.'7 FROM: FAX NO. : Apr. 27 2004 02: 39PM Pi FAX TRANSMITTAL COVER SHEET ,AX ï::' 57Ð/E p/)1 ::5EZ/< / r.A.X:I 777 - "3 '3 3 3 "'" FROM: ROBERT FAIR TEL: 408.~ 7-52-- 7. 11.-7 DATE: &../ J'2.- 7 Jc>'f NUMBER OF PA. GES (INCLUDING 2°V:~ . I /J . MESSAGE: V ~ ~ ~ ~ ~ ~ ~(¡D'2-"z('" . D~ ~..(c¿J~~ Iz -t£.p i/hU'û /Aml.l'j- ;;::,g:~ t:~ ~~ ¿/~ 1:: ~/T;~~~~ ~~ " .if /A~ ~,~~~ ~ ~p~ {/Hù:J2ýf~~j~~ II-3D F CUPEIQ1NO Parks and Recreation Department STAFF REPORT Agenda Item Number I 2... Agenda Date: May 3, 2004 SUBJECT Consider input from the Cupertino Historical Society for naming the park at the corner of Stevens Creek and De Anza Boulevards, and either set a hearing date on the naming of the park or refer the matter to the Parks and Recreation Commission for a public hearing with a recommendation to the City Council. BACKGROUND Staff, in response to suggestions that the park should reflect the historic use of the site (see attached Cupertino Courier article) asked the Historical Society for suggested names for the park. The working name for the park at the corner of Stevens Creek and De Anza Boulevards has been City Center Park. The City has been developing a new plaza between City Hall and the new library, and that site is referred to as Civic Center Plaza. These names are similar enough to each other, and to other private developments in the area, that they are confusing. The crossroads, at Stevens Creek and De Anza Boulevards, historically represented the heart of Cupertino, and the Cupertino Historical Society has suggested that we honor the Cali's in the name of the park. R. Cali and Brothers Company was the first million-dollar business in Cupertino and the Cali Mill served the community and surrounding area for 53 years. The Board of Directors of the Cupertino Historical Society and Museum has nominated three names for the park/plaza in recognition of the Cali family (see their April 26, 2004, letter attached). Their nominations include: 1. Cali Plaza 2. Cali's Corner 3. Cali's Alley Staff, following the Historical Society's lead, recommends Cali Mill Plaza for the name. This name focuses on the historic use of the site, as well as the family which owned and operated the mill, and is consistent with the City's naming policy. The naming policy (Resolution No. 03-162) states that: "The naming of any City building, facility or portion thereof, structure, equipment or jùrnishing, based on the above described Printed on Recycled Paper 12-1 May 3, 2004 Page 2 of2 guidelines. is subject to the approval of the city council, upon recommendation of the city manager and after the conduct of at least one public hearing. " The policy further states that the City Council may refer a particular naming issue to an appropriate commission for the purpose of making a recommendation to the Council. RECOMMENDA nON Staff requests that the City Council either: . Set a date for a hearing to consider public testimony regarding the naming of the park/plaza at the comer of Stevens Creek and De Anza Boulevards, or Refer this item to the Parks and Recreation Commission and ask that it conduct a public hearing, and make a recommendation to City Council as soon as possible . FISCAL IMPACT There is no fiscal impact associated with this action. Respectfully submitted: ~ 'L(YYL- Therese Ambrosi Smith, Director Parks and Recreation Department ~ David W. Knapp, City Manager /2-2. feed. store Page 1 of2 The Cupertino Courier R Cali & Bras, boasted a fleet of trucks as the town's largest business in the "old days." Feed store was Cupertino's big business at Crossroads By LESTER CHANG When longtime Cupertino merchant Nuncio Cicero opened his business at Stevens Creek and De Anza boulevards in 1968, he connected with Cupertino's rich past to bolster the success of his business. He operated Cicero's Pizza at the Cupertino Crossroads site, the city's business and social center from the 1920s to the 1960s. When he had to move in 1986 because the building he was in was being torn down, he relocated three blocks down to Blaney Boulevard. "I wanted to stay as close as possible. The Crossroads was good for my business," he said. "I don't think you could miss at that location." The Crossroads was home to R. Cali & Bros. feed and grain mill, the largest business in Cupertino until the 1950s, and Cupertino Store, the largest retail store in Cupertino from the 1930s to the 1940s. The area emerged as a key commercial area in the 1900s through the hard work of people like Alex Montgomery, his nephew Arch Wilson, James K.P. Dixon, Charlie Baer, and Rosario and Joseph Cali, founders of the feed company, which transported feed throughout northern California. Between the 1930s and 1950s, more than 25 merchants operated in the area and provided goods for residents who otherwise would have had to go elsewhere for their shopping. The businesses included the Red & White Groceries and Cupertino Hardware, a meat market, a barber shop, a beauty salon, a service station and the West Side book club, the precursor of the first official Cupertino library. The Cali feed and grain mill began in the late 1920s. The Cali brothers bought a comer at the Crossroads, where grain elevators and other buildings would be developed as their business empire grew. As its business got better, the company constructed buildings on what would become De Anza Boulevard. But the grain operation slowed in 1944, when the mill burned down. A temporary mill was constructed, and the company got back on its feet. http://www.svcn.comiarchives/cupertinocourier/07. 31.96/feed.store.html [2- ] 4/28/2004 feed.store Page 2 of2 At its zenith, the business had a fleet of 48 trucks. But high-tech industries surfaced in Cupertino and established themselves in the 1970s and 1980s, eclipsing farming as the leading industry in the area. The Cali Bros. operation shut down in 1988, ending its interest in trucking and grain processing. Today, the family maintains a retail operation in Santa Cruz. Other stores in the Crossroads, including the Cupertino Store, profited from being near the Cali mill. Customers from the mill shopped at the stores. Another small business was the Cupertino Beauty Shop, the area's first beauty salon, operated by Ann Zarko. Zarko opened the business in 1934 with a loan from her father. Paying $25 a month in rent for her storefront, she charged 50 cents for a haircut and $3.50 for a permanent. Among her best customers were women from the De Oro Club, a social club with members from Cupertino's pioneer families. She liked doing business back then because "people were friendly" and because she liked the slow pace of life in Cupertino. "Oh, yes, business was busy, but I was never under any tension," said Zarko, now retired. "The Crossroads was a good place to be." This article appeared in the Cupertino Courier, July 31, 1996. <Þ 1996 Metro Publishing, Inc. All rights reserved. { 2-L http://www.svcn.comlarchives/cupertinocourier/07. 31.96/feed. store.html 4/28/2004 ~ The CUpeRTInO HISTORIcaL SOCIeTY, Inc. 10185 NORTh STdLmq Roað CUpeRTInO, CaliFORnia 95014 408/973-1495 . FAX 408/ 973-8049 . CUph¡sroRysoC@juno.coOJ April 26, 2004 Therese Ambrosi Smith Director of Parks and Recreation City of Cupertino 10300 Torre Avenue Cupertino, California 95014-3255 Dear Therese: Upon your request, the Board of Directors of the Cupertino Historical Society & Museum would like to submit three suggestions for names to be applied to the new city park at the Crossroads. The names are: Cali Plaza, Cali's Corner or Cali's Alley. The Board agrees unanimously that the new park should bear the name of the Cali family as a tribute to R. Cali and Bro. Co., the first million dollar business in Cupertino. The Cali Mill served the Cupertino community and surrounding area for 53 years. The Cali's have always been generous to the Cupertino community... a tradition continued today by Edward Cali and his son Ron. Naming the new park after the Cali family would be a fitting tribute to these early innovators and entrepeneurs. The Board President, Donna Austin and I would be happy to speak at the May 3, 2004 city council meeting in support of this project. Sincerely, Chri~ ~lt~ Executive Director Cc: Sandra James Patrick Kwok Dolly Sandoval Richard Lowenthal Kris Wang The CUpeRTInO HISTORIcaL SOCIeTY & Museum ¡ ðeðlCareð TO 'I/SURlng ThaT The heRlTag' of CUpeRTl/lO sray a!lve FOR aLL TO ulJð"sral/ð I/ð sha.., (2-5 I CUPEIQ1NO City Hal1 10300 ToITe Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 13 AGENDA DATE Mav 3. 2004 SUBJECT AND ISSUE Review of bids and award of contract for Street Sweeping, Project No. 2004-01 to Don & Mike's Commercial Sweeping in the amount of$ 101,476,80, and approval ofa contingency for emergency and additional sweeping of$ 50,000.00 for a total of$ 151,476.80. BACKGROUND This project is an annual Street Sweeping project and is funded in our Resource Recovery and the Non Point Source budgets. The project consists of the Contractor sweeping City streets throughout the year. Residential streets are swept two times per month and the Commercial streets are swept once per month. The term of the agreement is one (1) year, starting on July 1, 2004 and can be extended on a year-to-year basis. At the time of renewal, the contract price will be increased or decreased based on the Consumer Price Index (CPI) on the anniversary date of the agreement. The following is a summary of bids received for the Street Sweeping project: Bidder Universal Sweeping Services Venco Western, Inc. Engineer's Estimate BFI Don & Mike's Commercial Sweeping Base Bid $ 198,527.04 $ 170,714.88 $ 160,000.00 $ 132,713.28 $ 101,476.80 The low bidder is Don & Mike's Commercial Sweeping in the amount of$ 101,476.80. As part of this bid, there are items for Emergency and Additional Sweeping as needed on an hourly rate basis or on a curb mile rate basis. When necessary, this work would be billed in addition to the monthly miles swept. Don and Mike's Sweeping has been under contract with the City for Street Sweeping since October of 1995. They have continually completed sweeping the City streets since that time. The City has a good working relationship with Don and Mike's Sweeping. P,¡nted on Recycled Pape, ( 3~1 Prevailing Wage ReQuirement Staff has received several inquiries from trade union representatives regarding the requirement for the payment of prevailing wages for this contract. The essence of these inquiries is to the effect that Don and Mike's Sweeping has not paid prevailing wages on the previous contracts with the City, and, therefore, the union representatives assert that Don and Mike's should not be awarded this contract. This assertion by the unions has no merit whatsoever. Prior to the Council's award of the first contract with this company in 1995, there was a determination by the California State Department of Industrial Relation (DIR) that street sweeping was considered a "janitorial or custodial service..." And therefore excluded from the prevailing wage requirement. That ruling was still in effect when the second (and current) contract, which expires on June 30, 2004, was awarded by the Council in 1999. However, in August of 2000, DIR issued a subsequent ruling, which determined that the sweeping of public streets would, on contracts awarded form that point forward, now require the payment of prevailing wages. The contract, which was recently bid and is being recommended for award to Don and Mike's, explicitly contains the requirement for prevailing wages. Don and Mike's Sweeping has assured the City in writing that it is aware of that requirement and fully intends to comply. A letter to Neil Struthers of the Building and Trades Council is attached outlining these specific facts. Don and Mike's Sweeping fully complies with the City's Responsible Contracting policy and, as such, there is no impediment to awarding the contract to the low bidder, Don and Mike's Sweeping, and staff so recommends. FISCAL IMPACT This action would require expenditure from the approved Resource Recovery budget account no. 520-8003-7014 in the amount of$ 100,000.00 and from the Non Point Source budget account no. 230-8004-7014 in the amount of$ 1,476.80 and additional expenditures thereafter from the Non Point Source account in various amounts if emergency or additional sweeping is required. STAFF RECOMMENDATION That the City Council award the contract for Street Sweeping, Project No. 2004-01 to Don & Mike's Commercial Sweeping in the amount of$ 101,476.80, and approval of a contingency for emergency and additional sweeping of$ 50,000.00 for a total project cost of$ 151,476.80. Submitted by: Attest as to bids received: Approved for submission: ~.~ U ~~---rt. Director of Public Works City Clerk JhL David W. Knapp City Manager [3-2..... City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CITY OF CUPEIQ1NO DEPARTMENT OF PUBLIC WORKS Ralph A. Qualls, Jr., Director April 7, 2004 Mr. Neil Struthers Building and Construction Trades Council 2102 Almaden Road, Suite 101 San Jose, CA 95125 Subject: Don & Mike's Sweeping, Inc. Dear Mr. Struthers: This responds to your e-mail message of April 2, 2004 requesting certified payrolls for previous and current contracts between the City of Cupertino and Don & Mike's Sweeping, Inc. I am presuming, because of calls from Bob Morales of the Teamsters Union and Fred Hirschbach from the Operating Engineers that your request is based on a belief that Don & Mike's Sweeping, Inc. is not paying prevailing wages and, according to the two union representatives, should not be awarded a new contract. If that presumption is not correct, please advise. In any event, we are unable to comply with your request because our current and previous contracts with Don & Mike's Sweeping, Inc, did not require certified payrolls for the reasons described below, I'm sure you must be aware that, for many years, street sweeping, except as required on construction projects, was not covered by prevailing wage law, as it was considered "janitorial or custodial services of a recurring, routine or usual nature" and was therefore excluded, The City requested and received a determination to that effect from the Department of Industrial Relations in June of 1994. The current contractor, Don & Mike's Sweeping entered into an agreement with the City in October of 1995 and in accordance with that DIR determination, prevailing wages were not required. In October of 1999, a subsequent contract was awarded by the City Council to Don and Mike's Sweeping, Inc, which under the same ruling did not require payment of prevailing wages. Pdnted on Recycled Pepe, 13-3 In the meantime, as I expect you would also know, a subsequent ruling by Dill. in August of2000 determined that sweeping of public streets would now require from that point forward the payment of prevailing wages. Since the current contract award preceded that ruling, prevailing wages were still not required. However, that contract expires on June 30,2004. Although it could have been extended further, as Director of Public Works, I choose to advertise for competitive bids for a new contract, which included the requirement for the payment of prevailing wages. In fact, we published an addendum to the contract that was provided to and receipt acknowledged by all bidders, explaining the above sequence of events, and noting again (although it is clearly contained in the bid documents) that the payment of prevailing wages would be required. That addendum is attached to this letter. The low bidder upon receipt of bids has been determined to be Don & Mike's Sweeping, Inc. and they have acknowledged by letter that they specifically understand and will comply with the prevailing wage requirements. I expect to be forwarding a recommendation to the City Council in the next few weeks to award the street sweeping contract to Don & Mike's sweeping, Inc. If there is any reason that you believe I should not make this recommendation I would be glad to know of it and would request that you be very specific in defining that reason or reasons. I hope this addresses your concerns, and in so doing clearly explains why we are unable to respond to your request for certified payrolls which, because of the earlier determination by DIR, were not required by the previous contracts, including the current contract which expires in June of2004. I would appreciate it if you would provide this information to any of you members, such as the Teamsters and Operating Engineers who may have expressed an interest in this matter. ~ duau. Ralph A. Qualls, Jr. U Director of Public Works V- Cc: Honorable Mayor and City Council David W. Knapp, City Manager Charles Kilian, City Attorney Don Vierra, Don & Mike's Sweeping, Inc. {3-l/ City Hall 10300 Torro Avenue Cuportino, CA 95014-3255 TelephoDo: (408)777-3354 FAX: (408)777-3333 CITY OF CUPEI\11NO ADDENDUM NO.2 PROJECT NO. 2004-01 BID OPENING: TUESDAY, MARCH 23,2004 2:00 P.M. ISSUED DATE: MARCH 17,2004 I I I I I I I I I ~ I I . The following question is hereby answered on the above referenced project. Questions and Answers: 1. Question: Is the current Contractor paying prevailing wages? Answer: The current Contractor is not paying prevailing wages. On June 3, 1994 the City received a determination ftom the State of California, Department of Industrial Relations stating that street sweeping work in not covered under prevailing wage law unless it is required as part of a construction project. The current Contractor entered into an Agreement with the City starting on October 7,1995, at which time prevailing wage was not required. A new agreement was signed with the current Contractor on October 7, 1999, at which time prevailing wage was still not required. On August 11, 2000 a new determination from the State of California, Department of Industrial Relations was issued as part of Public Works Case No. 2000-021. At that time, it was determined that street sweeping in not janitorial or custodial in nature and, was now subject to the payment of prevailing wages. Because the current agreement was signed before this determination the Contractor was not subject to the subsequent prevailing wages determination. Any new contract for these services, however will be subject to the provisions of the State of California, Department of Industrial Relations prevailing wage determination. Please indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of your bid. APPROVED BY: ~~tLUV nirp.r.tnr nfPuhlic Works /3-S-- I CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM IL( AGENDA DATE Mav 3. 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04- JD7 , approving a semi-rural designation to eliminate the requirement for sidewalks, pursuant to Ordinance No. 1925, for the locations below: A) Stonydale Drive, Creston Drive and Rivercrest Court; and B) Palo Vista Road, Mira Vista Avenue and Scenic Boulevard. BACKGROUND Within the City of Cupertino, there are a number of pockets of residential developments that lack the current City standards of curbs, gutters, sidewalk and streetlights. As each property comes in to obtain a building permit, whether it is a remodel or a new residence (homes, apartments, town homes), the City standards are applied towards each site as it has been constructed throughout the City, Within the past year or so, a number of property owners and neighborhood residents have raised concerns over the current City standards applied throughout the City when new development occurs. These individuals requested that the rural integrity of the neighborhood not be compromised with concrete and street improvements, After receiving a number of requests for exceptions of the City requirements, on October 6, 2003, an ordinance was presented to City Council to amend the City Municipal Code by establishing criteria to be used for modifying street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Ordinance No. 1925 was enacted on October 20, 2003. Property owners along the aforementioned frontages have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalk requirements, As required, over 2/3 of the property owners have signed in support of this item. Currently, there are no city recognized sidewalk improvements within this area, In so doing, they recognize and accept that sidewalks on these streets will continue to be non-existent. P,inted on Recycled Pap., I ~-( These streets are not recognized as routes to school and the streets are such that pedestrians, depending on the traffic conditions, should have sufficient space to travel along the street without a separate pedestrian pathway. Since there are curbs and gutters throughout the neighborhood, adequate drainage has been maintained along the street, and this action will not impact that condition. All residents on these streets have been notified of the Council's consideration of this item. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 04- 301, approving a semi-rural designation, pursuant to Ordinance No. 1925, to eliminate the requirement for sidewalks for the following streets: A) Stonydale Drive, Creston Drive and Rivercrest Court; and B) Palo Vista Road, Mira Vista Avenue and Scenic Boulevard. Submitted by: Approved for submission to th~Cil: David W. Knapp City Manager ~uc.tut1 Director of Public Works (l.(-2- RESOLUTION NO. 04-307 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR STONYDALE DRIVE, CRESTON DRIVE AND RIVERCREST COURT; AND PALO VISTA ROAD, MIRA VISTA AVENUE AND SCENIC BOULEVARD WHEREAS, property owners along the frontages of Stonydale Drive, Creston Drive and Rivercrest Court; and Palo Vista Road, Mira Vista Avenue and Scenic Boulevard have circulated a petition in support of altering their neighborhood designation to semi-rural; and WHEREAS, over 2/3 of the property owners have signed in support of waiving sidewalk requirements for these streets. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Stonydale Drive, Creston Drive and Rivercrest Court; and Palo Vista Road, Mira Vista Avenue and Scenic Boulevard. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May 2004, by the following vote: Vote Members Qfthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino [L( - 3 22185 6. N {l(-Y 10270 10271 ~ 10285 10279 10290 ~ 10295 10289 > 10300 1 0300 10311 10303 10303 10314 10317 10314 10317 10320 10333 10334 10335 10338 10335 10340 10352 1 0353 10352 10353 10360 S:2 10370 10371 10370 10371 Z 10360 ~ W 10382 () 10387 ~ 10387 en 1 0380 10380 > 10399 10394 10399 10400 1 0406 10411 10406 ~ þ,'!>" 10418 10418 1.')) 10421 10421 ""'IU') ""'IUU 22393 22390 22383 22380 22373 22370 uì U'IW I " - ~ 22399 10169 ~ 22389 10179 10145 . ) 10161 ¡;; ~ ¡:: ~ 10229 JANICE AVE 10228 ~ 10218 10209 fJ W 10231 ~ 10228 10236 10225 10239 I/) ~ 10476 10461 10475 ë? 10485 ~ 10490 10481 10493 {L(~5' ., CITY OF CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM 15' AGENDA DATE Mav 3, 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04- 3 öJ , approving a semi-rural designation to eliminate the requirement for sidewalks, curbs and gutters and streetlights for Vai Avenue and Columbus Avenue pursuant to Ordinance No, 1925, BACKGROUND Within the City of Cupertino, there are a number of pockets ofresidential developments that lack the current City standards of curbs, gutters, sidewalk and streetlights. As each property comes in to obtain a building permit, whether it is a remodel or a new residence (homes, apartments, town homes), the City standards are applied towards each site as it has been constructed throughout the City, Within the past year or so, a number of property owners and neighborhood residents have raised concerns over the current City standards applied throughout the City when new development occurs. These individuals requested that the rural integrity of the neighborhood not be compromised with concrete and street improvements, After receiving a number of requests for exceptions of the City requirements, on October 6, 2003, an ordinance was presented to City Council to amend the City Municipal Code by establishing criteria to be used for modifying street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Ordinance No. 1925 was enacted on October 20, 2003. Property owners along the frontages of Vai Avenue and Columbus Avenue have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalk, curb and gutter and streetlight requirements. As required, over 2/3 of the property owners have signed in support of this item. In so doing, they recognize and accept that these facilities and the convenience and services they afford the neighborhood will continue to be non-existent. Currently, there is only one recognized sidewalk improvement within this area, In terms of safety, these streets are not recognized as routes to school. Also, the existing streets are such that pedestrians, depending on traffic conditions, should have sufficient space to travel along the street without a separate pedestrian pathway. Pcinted on Recycled Pape' /5'-1 Along Vai Avenue and Columbus Avenue, since adequate drainage is currently achieved, the residents are in support of waiving the curb and gutter requirements for this area. In terms of streetlight requirements, from the period of 2000-2003, there have been neither reported burglaries nor any pedestrian accidents within this area. Although one vehicular accident was reported during that period, it generally appears as if safe conditions for traffic, pedestrian travel and personal security currently exist. All residents on these streets have been notified of the Council's consideration of this item. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 04-3li , approving a semi-rural designation to eliminate the requirement for sidewalks, curbs and gutters and streetlights for Vai Avenue and Columbus Avenue Submitted by: ~Utl Director of Public Works Approved for submission to the~il: David W. Knapp City Manager 1)'-2 RESOLUTION NO. 04-308 DRAPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR V AI AVENUE AND COLUMBUS AVENUE WHEREAS, property owners along the frontages ofVai Avenue and Columbus Avenue have circulated a petition in support of altering their neighborhood designation to semi-rural; and WHEREAS, over 2/3 of the property owners have signed in support of waiving sidewalk, curbs and gutters and streetlight requirements for these streets. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Vai Avenue and Columbus Avenue. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May 2004, by the following vote: Vote Members Qfthe 9!Y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino {5'-J ... N II) N AVE co ;¡i; N co '" II) N ~ N '" m N '" ¡;j N Wy 11021 i 11062 11061 11082 11081 11092 11091 11102 11101 ~ 11122 11111 t- ~ 11132 11131 c::: ~ 11142 11141 () 11152 11151 '" ìñ N t; ::s -I 0 ""') 11220 11221 11236 11235 11247 co N II) N 1020 1024 1028 1032 1036 1040 1044 1048 1052 1056 0; ..,. N ~ N §¡ ..,. N 0 c::: 1023 1027 1031 1035 1039 1043 r:: ..,. N 0; '" N ~ N M ..,. N ~ :¡: N COLUMBUS ~ N 0 ~ N ~ N 0 ~ N 0 '" '" N 0 :¡: N 0 ... '" N 5 N ~ N M ..,. N ~ :¡: N ¡¡¡ N r:: '" N 21351 VAl AVE ~ N ~ N 11226 15"'-~ CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I'" AGENDA DATE Mav 3, 2004 SUBJECT AND ISSUE Reappointment of Joseph Walton to the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for the new term beginning July 1, 2004, BACKGROUND The Santa Clara Valley Transportation Authority (VT A) had established early in its operation a sixteen-member Bicycle Pedestrian Advisory Committee (BP AC), similar to what is now the Cupertino Bicycle Pedestrian Commission, that advises VTA's Board of Directors on planning and funding issues for bicycle and pedestrian projects. The BP AC bylaws specify that each member City is authorized to appoint one representative to serve a two-year term and that representatives may be re-appointed to consecutive terms. The appointee must be a member of Cupertino's local bicycle committee, shall live, work, or both in Santa Clara County during his or her term, and cannot be City of Cupertino staff. The term for Cupertino's current BPAC representative, Joseph Walton, expires on June 30, 2004. He is a member in good standing, has served the BP AC well, and is eligible for reappointment. Mr. Walton, who has just completed a term as Chair of Cupertino's Bicycle Pedestrian Commission, has indicated his interest in being reappointed to the VT A BP AC, and the Bicycle Pedestrian Commission members have all voiced support for his reappointment. There is no VT A requirement to advertise for volunteers to fill the position, and no apparent precedent to do so, although it would be the Council's prerogative to publicly advertise for volunteers if it so chooses, However, owing to Mr. Walton's service on both the City's Bicycle Pedestrian Commission and the VTA BPAC, along with the support of his fellow Commission members, it would seem to be in the City's interest to reappoint him to another term on the VT A BPAc. Printed on Recycted Paper I h-I Since the matter of appointment of persons to Commissions is a Council prerogative and responsibility, it would not be appropriate for staff to make a recommendation. This report is, therefore, intended for the purpose of bringing the matter to the Council's attention for action as the Council deems appropriate. Submitted by: ~~':f:. J~ U t.I rf Director of Public Works Approved for submission: ~ David W. Knapp City Manager 1~-..2- Apr 2B 2BB4 12 :3B :BB Via Fax -) 4BB777336& Hill! 11. SlI!ith Page BBl Of BB3 LEAGUE . OF CALIFORNIA CITIES 1400 K Street, Suite 400. Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cac~ies.org By Facsimile; Hardcopy to Follow By US Mail April 28, 2004 To: The Honorable Mayor and City Council From: Ron Loveridge, League President, Mayor, Riverside Re: NOTICE OF GENERAL ASSEMBLY MEETING Thursday, MAY 13.8:30 a.m. DURING LOCAL LEGISLATIVE ACTION DAYS (May 12-13) Request for Designation of Voting Delegate The League Board of Directors has called a special meeting of the General Assembly of the League on Thursday, May 13, 2004 at the Grand Ballroom at 1215 J Street (across the street from the Sheraton) beginning at 8:30 a.m., (breakfast will be available beginning at 8:00 a.m.) in connection with LOCAL Legislative Action Days. The purpose of this special meeting is to brief the membership on the status of the Local Taxpayers and Public Safety Protection Act and the proposed aiternative that may be recommended by Governor Arnold Schwarzenegger that would provide similar or better protection of local revenues in exchange for a two-year contribution by local governments to solving the state's budget crisis. As details on the proposal become clearer in the weeks ahead, the League hopes to schedule conference calls at which members can ask questions about the proposal. At the special meeting each city's delegate will be able to vote on any items that require formal action. At this time, there is not a proposed resolution, but one is expected to be developed and will be sent prior to the meeting. Each city has one vote at any League membership meeting (per the League's voting procedures). Please let the League know who will be the designated voting delegate and aiternate for your city, by completing the attached voting delegate form and return it to the League's Sacramento office via fax by May 11. You may also return it personally at Legislative Action Days. On Wednesday. the voting delegate table will be available in the LOCAL Legislative Action Days registration area located in the lower lobby of the Sheraton Hotel. On Thursday, the voting delegate table will be located at the Grand Ballroom. Any city official designated as a voting delegate MUST check in at the voting delegates table. At that time, the voting delegate will be given the voting card for this General Assembly. It is !!Qt necessary to register for or attend LOCAL Legislative Action Days in order to attend and participate in the special meeting. However, in addition to the special meeting, city officials should also register for (no cost) and participate in LOCAL Legislative Action Days. If you have not already registered, you may do so online at ]l1tp:llwww.calocal.coml1lliJ.Q.,~hlm. The voting procedures to be followed at this meeting are printed on the reverse side of this memo. If you have any questions, please call Lorraine Okabe at 9161658-8236. (7-1 Apr 28 2884 12:38:35 Via Fax -) 4887773366 Hilll II. Sillith Page 882 Of 883 LEAGUE OF CALIFORNIA CITIES League of California Cities Special Meeting of League General Assembly Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the special meeting, each city should designate a voting delegate and an alternate and fax the form to the League, or bring the Voting Delegate Form to the meeting in order to exchange it for a voting card. 3 4. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the Legislative Action Days Registration area in the lower lobby of the Sheraton Hotel. 5 Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the special meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. On Wednesday, exchanges may be made at the "Voting Card" table in the Legislative Action Days Registration area. At the special meeting, exchanges may be made at the "Voting Card" table located in the General Assembly room. Exchanges may not be made if a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the special meeting. {7-:¿ F CUPEIQ1NO YUJiLlL WUKKIS 1}J<,YAKllVlJ<,N 1 Summary AGENDA ITEM \o¡ AGENDA DATE Mav 3, 2004 SUBJECT AND ISSUE Cupertino Civic Center and Library Project - Status Report, BACKGROUND Construction Status The Phase II project construction is approximately 45% complete. Currently both the Library and Community Hall are almost completely framed inside and out. The exterior brickwork and external roof components have been completed on the Community Hall. The exterior insulation and wallboard material is underway in the library and the exterior brickwork began in early April. The plumbing, mechanical and electrical equipment, including the air conditioning duct system is well underway in both buildings. Upon completion of the exterior work on the front of the community hall, construction of the portico across the front of the building connecting the library with the existing city Hall will begin, followed by the grading and layout of the plaza and construction of the fountain in front of the Community Hall. This work will be occurring throughout the spring and summer months. The construction project has thus far experienced no significant problems that would impact either the budget or schedule, A project budget and expense estimate sunnnary is attached to this report. The project remains on schedule for completion in October 2004. Proiect SÜmage and Communitv Hall FF&E Bids for the signage package have been advertised and with receipt of good bids, it is expected that Council will be able to consider a contract award for signage on May 17, 2004. The engineer's estimate for the signage bid is $200,000, In addition, the design and bid documents for the Community Hall furniture, fixtures and equipment (FF&E) are completed and being bid with the Library FF&E and, with receipt of good bids, would be tentatively scheduled for a contract award on May 17, 2004. The engineer's estimate for the Community Hall portion of the FF&E bid is $175,000. Printed on Recycled Paper /1-{ LibrarvFurniture. Fixtures and Equipment (FF&E) Costs - $1.350,000 On February 17, 2004 the Council awarded a contract for the Library shelving (the "stacks") to Ross McDonald and Company in the amount of $439,248 and approved a contract amendment in the amount of $150,000 for the FF&E design to SMWM Architects. Costs and estimates for the Library FF&E are to be funded by the Library Campaign. Any shortfall would be proposed to be funded by City loan advances from the Resource Recovery Fund in lieu of future additional library hours. A summary of the FF&E costs and estimates is as follows: Shelving Contract (Approved 2-17-04) Architect Contract (Approved 2-17-04 Remaining Furniture Cost Estimate $ 440,000 150,000 760,000 Total Library FF&E Estimate $ 1,350,000 Campaign Funding to date ( 381.500) Library FF&E Budget Shortfall $ 968,500 The design and bid documents for the rest of the FF&E in the Library public spaces is complete, and is out to bid in conjunction with the Community Hall FF&E. The remaining budget for this final FF&E package for the Library, as noted above, is estimated to be $760,000. As noted above, the two FF&E packages, one for the Library and one for the Community Hall, will be bid as separate packages but as part of a single contract with the bids being received on May II, 2004, The FF&E for the Library staff areas is being provided by the Santa Clara County Library Department. As a courtesy to the Library Department, three add alternate packages for portions of the staff furnishings are included with the FF&E bid should the library department wish to fund one or more of these staffFF&E units. Donor Recognition Costs - $150,000 In addition to the above expenses, there is an amount of $150,000 identified by the Campaign for the design, fabrication and installation of donor signage and/or recognition plaques in the project. (The recognition plaques for the donor project additions such as the Aquarium and the Rotary trees and benches are included in those respective donations,) This amount when combined with the $1,350,000 noted above makes up the $1,500,000 that is the Campaign's fundraising goal. ( ~- 2. The cost of the donor recognition feature of the Campaign's effort is shown separately from the direct FF&E design and purchase costs since the City has made no commitment toward advancing or loaning funds to that particular activity as it has done thus far with the shelving and FF&E design. Donor Proiect Additions Summary Aquarium Chan Family $ 325,000 Trees and Benches Cupertino Rotary 45,000 Community Hall Trees City of Toyakawa 20,000 Outdoor Sculpture Art Dick and Carolyn Randall 60,000 Total Project Additions $ 450,000 This report is for information only and no action is required. Submitted by: Approved for submission: ~;!/:,(. CA.U tI Director of Public Works W David W. Knapp City Manager 11-] CIVIC CENTER AND LIBRARY PROJECT BUDGET - EXPENSE SUMMARY Project Budl!:et Summary Program Budget (Library, Plaza & Community Hall) (Less) Community Fund Raising Commitment (FF&E) Balance Project Budget (Approved Aug 2001) Project Expenditure Projections $25,500,000 (1,200.000) $ 24,300,000 The following expenditure estimates are unchanged from the previous report provided to the Council with the exception of the inclusion of the additional "add-backs" approved by the Council on February 17, 2004, and cost of the shelving bid documents approved on November 17, 2004, Expenditure Estimates: Soft Costs Architectural Consultants - Design Construction Management (CM) Consultants Specialty Consultants (A V, GeoTech, etc.) Total ~ Soft Costs Hard Costs Temporary Library Phase I Construction Contract Phase II Construction Contract "Add-Back" Items (Approved 8-04-03) "Add-Back" Items (Approved 2-17-04) Shelving Bid Cost (Approved 11-17-03) Phase II Project - other expenditures* Total- Hard Costs Total Projected Cost Estimate to Date: End of Project Contingency Total Project Estimate $ 3,100,000 1,200,000 300.000 $ 4,600,000 500,000 475,000 15,760,000 705,000 350,000 25,000 1,410.000 $ 19,225,000 $ 23,825,000 475,000 $ 24,300,000 * Audio Visual, Signage, Comm, Hall FF &E, etc. and other contingencies Revised 5/3/04 RAQ !o,-l( EXHIBITS BEGIN HERE EXHIBIT Perspectives for Drug 5- 3 -ðt.f -# / Supply to High School Campuses Schools and Law Enforcement Group Law Enforcement By Derrick Lee Having law enforcement may help prevent drugs and alcohol from getting on campus. The presence of an officer "scares the wits" out of the kids that are dealing such illegal items. However, the harmful effects of these officers may outweigh the resulting benefits. Students may feel intimidated and violated if officers "randomly" check them. However, officers could build bonds with students by setting up programs within the school which lets high school students know about their patrolling motives, as well as the harmful effects of taking drugs. Having law enforcement around the school area is also an alternative to limiting illegible substances on campus. The presence of the police puts fear in drug dealers at school. Many of them may feel intimidated that a police officer may spot them taking or dealing drugs. This process would slowly crack into the system, and eventually stop all drug and alcohol trafficking within the campus. The downturn of this idea is the effect of stress inflicted on kids not using any of these substances. Other students may have the feeling that they may be stopped by a cop and the intimidation caused might affect their school work. If the student gets to know the officers, then maybe they would be come less intimated, and more likely to talk to them. Programs that can help young teens get off drugs or alcohol may prove to be positive to the community. These students could come in and get help with their problems from people who have already suffered from the same circumstances. The process can help stop trafficking and get more kids to stop using substances that could affect their body. More and more people would come in, and maybe after a few years later, everyone will be in a drug free environment. The benefited teens can grow up and live a normal and drug free life. Police around campus could be another alternative to being on the actual campus. We all know that a student who goes to the local 7-11 back alley has a chance to smoke marijuana. Police can patrol around such areas to intimidate or capture substance abusers. Having law enforcement around campus also helps relieve the stress of cops roaming the campus. Police presence on school could possibly stop drug trafficking. The intimidation factor could kick in, and dealers would eventually stop. Also, teen programs such as the one suggested may prove to be effective and cause affected teens to pour in to look for help. School Officials By Aaron Tsai Schools can prevent students from taking drugs and alcohol in a variety of ways. The best way to prevent students using drugs and alcohol is through education. However, speeches for a high school teenager who has already used drugs for a period of time are often unsuccessful. Therefore a deep, convincing one-on-one talk by probation officers or student counselor is recommended for students who have been abusing substances. Unfortunately, drug dealing happens quite often around school campuses, a great amount of students were offered drugs and alcohols by other students trade their "product" inside campuses. Thus, the proper patrols around the campus by school officials or law enforcements during recess hours such as before school, lunch, and after school could stop or prevent the transmissions of drugs and alcohols. However, letting police officers patrol around campuses might cause fears and apprehensions among students, therefore, increasing patrols by school officials could stop trafficking of drugs inside the campus. Students would feel more comfortable and less intimidated when school officials (that they know and see everyday) are patrolling the campus. School Counseling By Alan Lau Counseling is an effective tool that teens can use to combat drugs and alcohol. The program offers "one-on-one" attention in which students can freely interact with the school counselor. Counselors may recommend solutions to the student's problem or contact their parents for further action. Students may discuss drug issues ranging from themselves to their peers. The counselor should have sufficient resources to redirect the student to a variety of routes in which the problem can be solved. Private school counseling can also be offered. A group of students or a team of dedicated staff members will counsel the student accordingly to their needs. Private information may remain confidential if the student does not want to disclose any personal details. For example, the student does not have to tell his or her name to the counselor. This private interaction will give the student a sense of security and reduce their feelings of guilt or shame on the drug issue. This private counseling service should also extend to the Internet. Students may be able to post their problems on an Internet school forum which other students or counselors maybe able to solve (all identities should remain anonymous). This maximizes the privacy of the individual and also, through connecting with a diverse group of people on the Internet, maximizes the variety of solutions. School counseling should not force students to commit to certain programs. The counselor should act as a friend and introduce solutions that suit each individuals needs. Parental involvement is also crucial to school counseling. With effective interaction between parents (the largest influential factor in teen growth) and students, counseling can be a very effective tool. The counselor is someone that is there when the student needs help, as well as a mentor and a friend. Education of Drug Law By Vladimir Shteyn Introduction Effectiveness, measured quantitatively with the reduction of controlled substances found in possession of students, must not be costly. Cost includes two factors: psychological cost and monetary cost: A psychological cost can be defined as negative changes in attitudes among students, teachers, and administration in schools. Monetary cost is obviously the fiscal resources required to execute a program. For example, the proposition of having a full time officer patrolling campuses is costly in both categories: it makes students intimidated, and is very expensive to maintain. Such a solution would not be implemented even though its effectiveness might be high. However, effectiveness of any program to reduce drug trafficking and possession must not be compromised by low costs. It is clear that this problem is as typical as any problems companies would face; how would one achieve an objective while minimizing the costs? Before jumping to conclusions, one must understand what the ideal solution is to the problem. In our case, it is no students possessing or trafficking any dangerous or controlled substances on high school campuses in the Fremont Union High School districts completely without costs to anyone. Though this is an unrealistic situation, a direction for progress is a necessary component for solving any problem. Each section of the ideal solution, having no psychological, no monetary, and impeccable effectiveness, will be examined. Psychological Costs A primary concern is minimizing the so-called psychological costs of maintaining a program that would reduce the drug supply to school campuses. As mentioned earlier, psychological costs entail intimidation of students and loss of trust between authority figures and students. Such costs could be minimized if teachers, who already hold positions of great rapport with students, could teach the program. Indeed, Fremont Union High School District is known to be an excellent school district, and therefore employs teachers who would be best at communicating with students on such sensitive issues. Now it is understood that teachers must somehow be involved because of the role they play in students' lives, but exactly what should a teacher do? Again, the minimizing, or ultimately completely removing the intimidation of students is emphasized. Therefore, teachers must simply stress the risks of drug and alcohol use, and the great chances for being caught on campus. For example, teachers can mention the New Jersey v. T.L.O. Supreme Court case where a student was searched without "probable cause". Most students are not aware of such restrictions on the Fifth Amendment and would be less likely to possess and traffic drugs on campus if they were aware of these risks. It is important to not mention the negative health consequences from drugs because it would just be a repeat of the ineffective DARE program. The most important selling point of not bringing drugs to school is making students realize the gravity and high chances of causing them the pain they are most familiar with, such as parental or peer disapproval. By having teachers, who have the best rapport with students, inform students about critical and possibly socially devastating effects of drug trafficking on campuses, the students are most likely to internalize the information. Monetary Costs Though it would be hard to fit such a program into the already tightly packed curriculum that teachers instruct, it is believed possible. In fact, the history and laws relating to controlled substances can be craftily included into a history class curriculum. This program, a one-class period course, would not provide any extra expense to school districts because teachers are paid anyway for the time they would spend teaching another subject. If teachers can fit this program into their schedule, they would be doing a great service to the community but not spending a cent of the school's money. Effectiveness As mentioned earlier, teachers would be the most effective communicators of the negative consequences of on-campus drug use and proliferation because they have established the best rapport with their students. Teachers are in the best position to, if they inform convincingly, minimize alcohol and drugs on campus. It is important that teachers be logical in their presentation of the case, logically describing to students the social and legal consequences for conviction of drug charges, but at the same time appealing to students' emotions to emphasize the point. . . E,zhtb\t 5/3(tJ'f ;J:t-I~ To: Mayor Sandra James, Vice president, Patrick Kwok, Council Members: Richard Lowenthal, Dolly Sandoval and Chris Wang, Subject: Cali Family Name for the Park The Cupertino Historical Society Board strongly endorses the naming of the park after the Cali Family who contributed so much to Cupertino's business and culture. Cali Plaza, Cali's Comers or Cali's Alley are some of our suggestions for the park naming. When growing up, I remember the Cali Mill as a landmark. You knew when you saw those grain elevators and buildings that you were in Cupertino. The crossroads was the business hub with Cali Brothers at its center, bringing in customers and interest in Cupertino. For 53 years the Cali Mill served our community and the surrounding areas. Every year we looked for the Christmas tree lights at the top of the mill. After the mill was tom down, other companies continued the Cali tradition. The Crossroads was home to R. Cali & Bros. Feed and grain mill, the largest business in Cupertino and the largest grain-processing mill in Santa Clara County. At Cali's zenith, they operated 48 trucks to carry their products to the surrounding areas. The Cali feed and grain mill began in the late 1920's. The Cali brothers bought a comer at the Crossroads, where grain elevators and other buildings would be developed as their business empire grew. As business got better, the company constructed buildings on Saratoga Sunnyvale Road, which is Now De Anza Blvd. The mill burned down in 1944 and was rebuilt. High tech industries surfaced in Cupertino in the 70's and 80's bringing population growth and new jobs. It was the beginning of the end for the farming industry in Santa Clara Valley. The Cali Brothers operation shut down in 1988 to make way for the new Apple buildings and other high tech companies. The Cupertino Historical Society believes that the new park should bear the name of the Cali family. They have always been generous and supportive of the Cupertino Community, and naming the park after them would be a fitting tribute to this early innovative and industrious family. ~ Donna Austin, Cupertino Historical Society Board President ;ttt 3 5(3/°'1 (I OF CUPEIQ1NO PUBLIC WORKS DEPARTMENT MEMORANDUM EXHIBIT SUBJECT: Mary 3,2004 Honorable Mayor Cit);: °au (J U 'f Ralph A. Qualls, r., Dlfector of Public Works Council Agenda Item 13 - Award of Street Sweeping Contract TO: FROM: Council member Dolly Sandoval had requested some information comparing the street sweeping unit costs from the current contract with Don and Mike's Sweeping to that contained in their low bid for the new contract that is being recommended for award as Item No. 16 on the May 3,2004 Council Agenda. The information is as follows: Unit Prices - Low Bid for New Contract Monthly Sweeping $12.15 per curb mile Additional Sweeping $12.15 per curb mile $85.00 per hour Unit Prices Under Current Contract Monthly Sweeping $14.23 per curb mile Additional Sweeping $14.23 per curb mile $70.00 per hour Please call me at 777-3354 if you have further questions. Printed on Recycled Paper 0 -- \ teM -if= \'-1 Nick Szabo EXH I B IT 10235 Creston Drive -- Cupertino, CA 95014 Ph.: (408) 733-5534 FAX: (408) 733-1294 internet: niclanarciaszabo(ã¡earthlink.net By Fax: (408) 777-3333 Re: Semi-rural Designation for Creston, Stonydale Drives & Rivercrest Court May 3, 2004 Ralph A. Qualls, Director of Public Works 10300 Torre Avenue City of Cupertino, CA 95014 Dear Mr. Qualls: I regret that, due to the fact that your letter arrived only on Saturday, I will not be able to attend tonight's meeting on the above subject. fJ.~ S'Z,.,o~ I am .IIDIII'~.. a fonner member of the Planning Conunission and ofthe Public Safety Conunission, and our family has lived on Creston Drive for the past 35 years. I am therefore very familiar with the sidewalk issue. u,a._ii,¡.C -1JII¡rr' JJ F1M,-~t ,._,!I~,,_l~lj .... My reasons are the following: .. TI -..Il'_.I\I!Üdsisting of 50 homes, at the end of Crest on Drive, 90% of which is in County jurisdiction. Creston is the longest cul-de- sac in Santa Clara County, and our area has' } . . Therefore, sidewal p, This area is virtually all built out. ("mfØdíílf"~.Jl. ~~ 0 . . ',~",)-~._.,.7. The residents of my area are unanimous in opposing the requirements for si~w~. In the event that the Council is unable to agree to a semi-rural designation for our area, I request that this item be continued to the next meeting, so that I can attend in person. Sincerely, Ú"JJJ ~ Nicholas Szabo rl e I'V' it:- / f Kimberly Smith -------------- From: AStocklmei@aol.com Sent: Sunday, May 02, 20046:34 PM To: City of Cupertino General Information Mailbox Subject: Semi-rural neighborhood designations fXHIB~ Dear Council. Most Osfinththe semi-rural I ardeahs. Since we ha.~-IIJj,.;: i . ese areas a rea y aye a curb and gutter. . -. ---- Sincerely, i'l.'!!I:íg! 5/3/2004 Mav 3. 2004 Citv Council Meetin~ Oral Communications EXHIBIT <>'("0.\ <:.an\""""~'C:"--{.¡<NIS 6t'l/c.e 4 Ton't T01 5-~,O,-\ Grace and Tony Toy delivered the fo11owing message to Mayor James, Vice Mayor Kwok, Council Member Sandoval, Council Member Lowenthal, and Council Member Wang: We have lived at 10130 Crescent Rd. for 12 years and have been playing tennis at the Sports Center since then. We are very familiar with its business. We had previously proposed a marketing strategy to increase annual revenue by $100,000 at the Center. We are concerned that during high season, prime time court use is dominated by the Cupertino Tennis Club. For example, this week, four teams will be playing in the evenings. From 6:00 to 10:00 PM on Thursday, five courts will be reserved for 16 players. That leaves only three courts for hundreds of passholders to reserve. Team tennis has devalued the benefits of passholders. As a consequence, membership fees have remained the same for a decade. The Center charges the lowest annual fees, but has the highest turnover rate. Our business has never reached its potential. Every year, 300 passholders tryout our facility and quit. There are 2000 former passholders in the valley. The Center does not have court time management and therefore, we have lost much business due to team tennis. The Cupertino Tennis Club is granted priority only because it is co-sponsored by our City. This evening we have new information regarding their membership composition. We found out from the United States Tennis Association website that 80 percent of Cupertino Tennis Club members do not live in Cupertino. In the Spring league, the club registered 150 team players. Only 30 of them are Cupertino residents, which represent only 20 percent of all team members. Currently, our City lost $100,000 in annual revenue only to serve 20 percent of club members who live in Cupertino. Should our City continue to sponsor the tennis club? Should Cupertino taxpayers subsidize 80 percent of the club members from other cities? We hope our City leaders will consider our proposal to open up all evening courts to accommodate more passholders and to generate more revenue. Our second concern is about the commission revenue from the contracting of three teaching courts and a ball machine court. Junior tennis lessons have been big business and some parents pay $400 for a 12 week session. Most city facilities like Sunnyvale release their contracts and open up their accounting detail to the public. Sunnyvale Parks Department generates $60,000 of net profit with minimum facilities at Las Palmas. At the Sports Center, for over 10 years, the contract has never been reviewed or revised by any authority. What are the terms? Is there any supervision? Have the numbers been verified? Is this the best economic opportunity for our City? Our third concern is the payout of over $ 10M for capital investment. We asked the Finance Department a few times and have yet to receive any numbers. In 1992, our City purchased the complex for $7.9M. The debt was about $900,000 per year, which was paid out from the general fund. From 1992 to 1994, for two years, our City also had over $IM ofunco11ected revenue from a contractor. Recently, our City had invested $2.5M for the renovation. Have these capital investments been paid off? How much it costs to own the property? Is it viable for City staff to run the business? Are there other alternatives? Economically, what is best for over 99 percent of the citizens who d~se the facility? \1o'l Our fourth concern is that some management problems had also shortchanged our revenue. We will provide a few examples: I) Tennis courts are a merchandise. The reservation sheet is a business journal. In all other city facilities, the reservation sheets are open daily to the public and kept in archives. 18 months ago, this public record has been covered up. Lately, it is being shredded within a short period. We lost our check and balance system. 2) The Center does not have a court monitor. On team tennis evenings, it has an open door policy. We have reported many incidents in which former passholders return to use our facility when their friends reserve a court. No one is responsible for these unauthorized users. 3) For many years, court #17 was blocked off and declared unsafe for passholders. However, it is used as an overflow court for the juniors and for teaching. Why is there a double safety standard? These problems should be resolved to increase revenue. Finally, we would like to point out that 99 percent of our citizens do not use the Center. They do not speak up to the authority because they do not know about its problems. Those who overuse the facility are taking advantage of the loopholes within the system. All taxpayers are subsidizing them. Only the two of us are familiar with its financial history and the business operation. It is our responsibility to uphold the interest of our City and all the taxpayers. We will be glad to provide further information. We can help to analyze the current situation and explore different options to increase revenue. Our City leaders should take charge of the operation and finances of the Sports Center. Thank you very much. EXHIBIT Tomorrow's Leader Todav Teen Issue Report: t/. { -01 Community and City Government 5--; TARGET: Teens, Authority who can impose the restrictions PRESENTATION: May 3 WHERE: Cupertino City Hall IMPORTANCE: It is affecting the form of community and is not taking into consideration. PROBLEM: Drugs/alcohol creates a bad atmosphere/environment and bad relationships; it induces a harmful effect. SYSTEM TO PREVENT 1. Boredom/Stress: City should make open up places for at later times of night regulated by adult authority. Extend the hours and advertise it through school events. After School/Teen Center: .:. Day Care Center .:. Recreation activities .:. Study Place .:. Tutorial Session PROS: It gives more reason for students to study; incentive to improve and concentrated on their work and less focusing on "what should I do next?" Keep students occupied. People can socialize and communicate with their peers. CONS: Extend the salaries of workers for management overtime. Not all people are into socializing and may think they have "better things to do". Schools would need to attract students. Alternatives: .:. Movie theaters .:. Valleo Mall .:. Teen/School Center PROS: Busy/Occupied from being bored. Extend the hours and salaries of workers. CONS: Transportation will be an issue. It creates less incentive studying and more partying. 2. Scare them by raising harsher punishments for their illegalized actions Suspension: .:. Fines .:. Driver's license .:. School events PROS: People will be afraid to use drugs at the expense they realize that they can lose something of interest. CONS: Having been punished, some people want to be punishing more to see how far they can go until the end, where they realize they should not have gone into that mess. SITUATION: n/a 3. Spreading the word to other people. Advertise the ads to inform everyone. Give real life examples Use role models: .:. Famous people (Ads) .:. People who have been hooked on drugs and lead a bad life (Ads) .:. Friends tell people that it is not right and if they are your true friends they will try to stop for the sake of the relationship .:. Teens/Peers Media: Internet Newspaper TV Magazine Radio Poster around teen hangout areas PROS: It will show people just like them are affected equally using the media will get the attention to almost everyone. CONS: No matter what the status there are people who are still smoking ex. stars. We cannot clearly define whom people admire. SITUATION: There's already an advertisement on TV for drugs/alcohol, 4. Gov needs to renew the system of drug awareness in alternative way because human growth/development classes are repetitive and boring. People will tend to not listen because assume they know about the consequences until they are affected. Clearly define its harmful issues: .:. Health Related = Death .:. Social Life/Relationships could affect how people view others in doing it .:. Hard to think; may lead to bad grades .¿ Hard to get a worthy job .:. Bad Habits; disrupting you from doing the things you truly want to do .:. Act like Jackass .:. Hang out with wrong crowd PROS: People will know good reasons to stop if they truly want to be healthy. CONS: People tend to become careless. It may need some motivational and inspiring saying that will get people to stop doing drugs. Some of these ideas have been attempted. SITUATION: There's a drug program that cautions kids, but needs to be more effective. Tomorrow's Leader Todav Teen Issue Renort - Parent Groun Group Members: Nicki Lee, Clive Leung, Whitney Wang, Daniel Wei EXHIBIT 44 I HL 5-5-<-¡ Issue Teenage Drug and Alcohol Abuse Our Goal To understand if parents are aware of the teen drug/ alcohol issue in Cupertino and to receive solutions from parents. Our Research Discussion with other TL T members Online research about the alcohol/drug issue and signals of use Meeting with the AAP A (Asian American Parents Association) members Survey Causes regarding parents Unavailable Unaware of the problem Unaware of their influence Survey 1. Are you a parent of a teen? If so, is your teen male or female? 2. Do you think there is a teen alcohol/drug problem in the city of Cupertino and surrounding neighborhoods? 3. On a ranking of 1-5 with 5 being widely available and I being not available, how would you rank the availability of drugs in Cupertino and the surrounding cities? 4. What do you think is the biggest reason for teens taking alcohol/drugs? 5. On a ranking of 1-10 with 10 being all the time and I being not at all, how much do you talk with your teen about their school, their emotions, and/or pressures they are facing? 6. What ways do you think you can communicate better with your teen? 7. Are both you and your spouse working full-time? 8. On a ranking of 1-10 with 10 being full trust and I being no trust, how much trust do you have in your teen that he/she will not take and/or is not taking drugs/alcohol? 9. List 3 tattletale signs that are the most obvious when a teen is taking drugs/alcohol. 10. If you were to find out that your teen was having an alcohol/drug problem, what treatments will you seek? List some. 11. Which group do you feel is most responsible in tackling a teen drugs/alcohol problem? 12. If there is a program where teens and parents can discuss their issues, would you participate? 12b. If yes to question 12, which kind of program would you prefer? 13. Have you heard of the "Every 15 Minutes" program at your local high school? Results Figure 1. Teen alcohol/drug problem in Cupertino and surrounding neighborhoods 25 20 15 10 Stress Experiment! Boredom Pop culture! Lack of attention Influence from (Peer pressure. media rebelling against parents Figure 4. The biggest reason for teens taking alcohol/drugs 30 25 20 15 10 Ranking (1 being not available, 5 being wideiy availabie) Figure 2. Availability of drugs in Cupertino and the surrounding cities 14 12 10 10 Ranking (I being not at ail, 10 being ail the time) Figure 5. How often parents and teen talk 30 25 Law Enforcemen! 6% T"n 18% 20 15 10 10 Parents 6{)% Rank;n. {1 being no tru", 10 be;n. full tru.. Figure 6. Parents' trust in teen Figure 7. Most responsible in tackling a teen drugs/alcohol problem v"oP'""" Uod... ,. Relationship between family status and degree of talking and trust Single parent 0 Talking: 5.5 0 Trust 5.0 One parent working: 0 Talking: 7.0 0 Trust: 8.5 Both parents working: 0 Talking: 6.6 0 Trust: 9.2 No 94% Figure 8. Knowledge of "Every 15 Minutes" Program Behaviors indicating possibilities of drug/alcohol use Emotional instability Change in school performance Change in physical appearance Ways to communicate better Initiate talking frequently Listen and understand instead oflecturing, interrupting and prejudging To talk is to talk, not to interrogate Show love and support Communicate through E-mail Be more available for family activities Know their friends better by meeting them personally, inviting them over, driving them, etc. Conclusion Parents did not think drug/alcohol abuse was a big problem in Cupertino but were aware of its availability Parents knew their lack of attention was a cause of the issue Parents do talk to their teens and many of them fully trusted their teens Solution Advertising in public (Teen center, 7-11, theatres, Quinlan Center, etc...) 0 Consequences 0 Encouraging communication between teens and parents 0 "Every 15 Minutes" 0 City Channel Parents talk about drug/alcohol issues during elementary school years Building trust with communication 0 Stay calm 0 Talk instead of grounding --~-2.~'..,"~~ ~~-~- Figure 9. £)(tiIßIT 5/1/°* 'Z. January 13, 2004 LAO~ !i1'; .:::I!!!1t.. 60 YEARS OF SERVICE -~~~-'-~"-~'-""--'-----'-~--.---'-'--'-'~ .~ --'---'---'----~--------'- .. -------------u_-, 2004-05: Overview of the Governor's Budget ELIZABETH G. HILL LEGISLATIVE ANALYST On January 9, the Governor released his pro- posed plan for oddressing the state's large budget problem. The Governor proposes an approach that relies on substantial spending cuts; a large shift of property taxes from local governments; as well as additional borrowing, deferrals, and fund shifts. Also, while raising certain fees, the proposal avoids new taxes. The Legislature faces a formidable challenge in evaluating the many important policy issues the plan raises. These include the appropriate mix between borrowing, spending reductions, and revenue augmentations; the viability of certain proposed solutions; and its multiyear approach to eliminating the projected out-year structural budget problem. . AN LAO REPORT Acknowledgments LAO Publications This report wos prepared by Dove Vosché ond Brad Willioms, with the assistance of mony others throughout the office. The Legislative Analyst's Office (LAO) is 0 nonpartison office which provides fiscal ond policy information ond odvice to the Legisloture. . To request publications coli (916) 445-4656. This report and others, os well os on E-mail subscription service, ore ovailoble on the LAO's Internet site ot www.lao.co.gov. The LAO is lacoted ot 925 L Street, Suite 1000, Sacromento, CA 95814. 2 LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT OUR "BOTTOM LINE" The basic budget problem currently facing the state involves an ongoing projected struc- tural imbalance between current-law expendi- tures and revenues of roughly $15 billion annu- ally. The Governor's 2004-05 budget proposal seeks to address this problem in 2004-05 largely through a combination of major and wide- ranging spending reductions, additional borrow- ing, and a diversion of local property taxes for the benefit of the state. It casts a wide net in terms of its proposed cuts, includes significant fee increases in higher education and other areas, and does not impose tax increases. Finally, the budget proposal is self-described as a "workout plan" and acknowledges that it does not fully address the structural budget problem. LAO Assessment. The proposal has several positive attributes, including realistic revenue and caseload assumptions, as well as real and ongoing solutions from most areas of the bud- get. As such, we believe that it provides a solid starting point for budget deliberations. At the TOTAL STATE SPENDING The budget proposes total state spending in 2004-05 of $97.2 billion (excluding expenditures of federal funds and bond funds). This repre- sents a decrease of 0.2 percent from the current same time, however, it presents the legislature with numerous policy issues and concerns. For example, its reductions would have far-reaching consequences for the scope of state services in a variety of program areas. 50 me of its propos- als lack detail or have savings estimates that may not be achievable. And, even with the serious spending reductions it proposes in 2004-05, the plan does not fully address the state's ongoing budget problem-leaving a roughly $6 billion shortfall between expenditures and revenues in 2005-06. This means that further cuts, more borrowing, revenue increases, or other solutions beyond those included in 2004-05 would be needed to achieve budgetary balance in the out years. In view of these factors, it will be necessary for the legislature to "look beyond" this pro- posal and consider other options-including additional savings proposals and revenue in- creases-if it wishes to fully resolve the state's chronic budget crisis. year. General Fund spending is projected to fall from $78 billion to $76.1 billion while special funds spending rises from $19.4 billion to $21.1 billion. GENERAL FUND CONDITION Figure 1 (see next page) shows the General Fund's condition from 2002-03 through 2004-05 under the budget's assumptions and proposals. LEGISLATIVE ANALYST'S OFFICE Prior Year In a very significant positive development, the 2002-03 budget's condition has improved by about $2.2 billion since the 2003-04 budget 3 was enacted last sum- mer. This improvement means that the state needs about $2 billion less in savings and/or other budgetary solu- tions to keep in balance in 2004-05. About one-half of the improvement relates to recent increases in AN LAO REPORT Figure 1 Governor's Budget General Fund Condition (Dollars in Millions) Prier-year fund balance Revenues and transfers Bond proceeds Total resources available Expenditures Deticit Recovery Fund transter Total expenditures Ending fund balance Encumbrances prior-year revenue accruals made by the Controller, based on information from the state's tax agencies for 2002-03 and earlier years. Another one-fourth of the improvement is related to lower estimates of the amount of expenditures that were encum- bered at the close of 2002-03, while the remain- der is from reduced estimates of actual expendi- tures during the prior year. As a result of this improvement, the new budget proposes that the amount of deficit bond proceeds used to offset the accumulated budget deficit through 2002-03 be reduced. Specifically, the amount of bond proceeds has been lowered from the earlier $10.7 billion figure to $9.2 billion-a $1.5 billion reduction. (This reduction is significant because the unused bond proceeds will be available to offset bud- getary shortfalls in the current fiscal year.) The Governor is proposing that the remainder of the $2.2 billion budgetary improvement be used to increase the year-end 2002-03 budget reserve- from zero at the time the 2003-04 budget was enacted to $679 million. Thus, the state was able to start the current fiscal year in a stronger position than previously anticipated. 4 Reserve $679 $290 $635 -$1,474 $1,607 71,322 74,627 9,242 3,012 ($79,090) ($79,247) $77,482 $75,016 3,012 ($78,028) $1,219 $929 $1,219 76,407 2,4% ($77,626) $79,074 -3,012 ($76,062) $1,563 $929 5.4% ($77,482) $1,607 $929 -2.5% Current and Budget Years Under the budget plan, the large projected budget shortfall for the budget year would be eliminated and 2004-05 would conclude with a small reserve. Specifically: » Revenues are projected to grow from $74.6 billion in the current year to $76.4 billion in 2004-05, an increase of 2.4 percent. As discussed below, the revenue totals in both the current year and budget year are affected by numer- ous policy actions associated with prior budgets as well as with the new pro- posal. » Expenditures are projected to decline from $78 billion in 2003-04 to $76.1 bil- lion in 2004-05. As shown in the figure, the current-year spending totals have been increased by the proposed transfer of $3 billion in bond proceeds to a new "deficit recovery" special fund. These LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT bond monies are then proposed to offset General Fund spending in 2004-05. HOW THE PLAN ADDRESSES THE BUDGET SHORTFALL The budget proposal addresses the shortfall through about $16 billion in budgetary solu- tions. It incorporates most of the mid-year savings reductions proposed in late November by the Governor, and includes major new savings proposals in 2004-05. As shown in Figure 2, 45 percent of the total solutions is related to program reductions/savings. The remaining 55 percent is related to the use of the proposed economic recovery bonds; other loans and borrowing; a cost shift to local govern- ments; and a variety of other revenues, transfers, and funding shifts. One-Time Versus Ongoing Savings. Of the $14.4 billion in total savings in 2004-05, we estimate that about $5.3 billion, or 37 percent, is one-time and the remaining $9 billion, or 63 per- Figure 2 Allocations of Governor's Proposed Budget Solutions (Dollars in Billions) Program reductions/savings Economic Recovery Bond: Proceed amounts Reduced debt service Other-Ioans/borrowing Locai government-related Transfers/other revenues and fund shifts Totals Detail may noI tolal due to roundin9. LEGISLATIVE ANALYST'S OFFICE » The reserve at the end of 2004-05 is projected to be about $635 million. cent, is ongoing in nature, meaning that they will provide budget benefits in future years. Program Reductions/Savings The budget includes $7.3 billion in program reductions and related cost savings in the current and budget years combined. These include a $2 billion reduction in Proposition 98 spending and a $950 million reduction in transportation related to suspension of the Proposition 42 transfer (the remaining portion of the $1.1 billion suspension is reflected in the local government category). In addition, the budget includes over $700 million in reductions in higher education, backfilled in large part by student fee increases; a $1.4 billion reduction in social services related to grant reductions, cost- of-living adjustment (COLA) deletions, and elimination of state-only services in In-Home $0.8 $6.5 -1.4 3.0 1.8 1.3 1.3 1.6 1.0 2.6 1.8 1.8 0.9 0.8 1.6 $1.9 $14.4 $16.2 Supportive Services (IHSS);a$1.1biliion reduction in Medi-Cal, primarily related to 10 percent provider rate reductions; and a $400 million unallocated reduction to corrections. 5 AN LAO REPORT Economic Recovery Bond This category accounts for about $2.9 billion of total solutions and involves about $1.6 billion in net new borrowing and $1.3 billion in re- duced debt-service costs. As background, the 2003-04 budget as- sumed that the state would sell the $10.7 billion deficit reduction bond authorized by the legisla- ture in 2003, and that the proceeds would be used to eliminate the accumulated 2002-03 year-end budget deficit. Repayment of this bond would require annual General Fund expendi- tures equal to one-half cent of the state sales tax, or about $2.5 billion annually, beginning in 2004-05. This budget proposes instead to use $12.3 billion in proceeds from the larger, up to $15 billion, economic recovery bond that will be considered by the voters in March 2004. The use of this bond would result in near-term budget-related savings in two ways. »- More Bond Proceeds. The proposal would use a total of $12.3 billion in proceeds from the Economic Recovery Bond to offset a portion of the budget problem. This $12.3 billion in bond proceeds is $1.6 billion more than the $10.7 billion in proceeds assumed from the smaller bond in the 2003-04 budget. (Any unused balance of the net pro- ceeds in excess of $12.3 billion from the economic recovery bond would be available for use in the future.) »- Less Debt-Service Costs. Repayment of the proposed bond would involve annual General Fund payments to investors equivalent to one-quarter cent 6 of the sales tax, or about $1.25 billion annually, beginning in 2004-05. Thus, the lower debt service-related expenses compared to those of the other bond produces ongoing near-term savings of about $1.25 billion annually. Other Loans and Borrowing This category accounts for $2.6 billion of the budget's overall solutions. It includes about $930 million related to a proposed pension obligation bond sale, $947 million in Proposi- tion 98 "settle up" obligations for 2002-03 and 2003-04 which are being deferred to after 2005-06, an increase in the loan amount to local governments associated with 2003-04 backfill payments, and loans from transportation funds. Local Government-Related This category accounts for $1.8 billion of the total solutions. It includes a $1.3 billion property tax shift from local governments to schools, reduced funding for juvenile probation, the elimination of booking fee reimbursements, and a reduction in transportation funding related to the suspension of the Proposition 42 transfer. Transfers/Other Revenues and Fund Shifts This category accounts for $1.6 billion of the total solutions. It includes a one-time shift of about $685 million of transportation funds to the General Fund in 2003-04, $350 million in new federal funds, a net of $75 million from a Medi-Cal proposal involving a quality improve- ment assessment fee on managed care plans, and $55 million in proceeds from a land sale at the University of California (UC) Riverside. LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT TOTAL GENERAL FUND SPENDING BY PROGRAM AREA Figure 3 shows General Fund spending by major program area. Total spending under the proposal would fall by 2.5 percent in 2004-05, reflecting decreases in some areas and increases in others. There are numerous one-time factors affecting almost every major program area in the budget. For example, as discussed later: )0> The substantial increase in Medi-Cal spending in 2004-05 reflects the expira- tion of one-time savings from new federal funds and an accounting change. Figure 3 General Fund Spending By Major Program Area (Dollars in Millions) )0> Similarly, the jump in "other" education spending reflects expiration of one-time savings related to debt service and retirement costs. }>- The increase in vehicle license fee (VlF) subventions reflects a partial one-time deferral in the current year. Finally, the drop in "all other" spending reflects the assumed use of pension obligation bond proceeds in place of state-funded retirement contributions in 2004-05. » Education Programs K-12 Proposition 98 Community Colleges Proposition 98 UC/CSU Other Health and Social Services Programs Medi-Cal $10,554 CalWORKs 2,078 SSI/SSP 3,004 Other 7,423 Youth and Adult Corrections $5,837 Vehicle License Fee Subventions $3,797 Deficit Recovery Fund Transfer All Other Totals $26,1 06 2,642 5,874 3,653 $6,512 $77,482 LEGISLATIVE ANALYST'S OFFICE $27,846 $27,233 -2.2% 2,244 2,414 7.6 5,530 5,080 -8.1 2,660 4,284 61.1 $9,765 $11,569 18.5% 2,060 1,995 -3.1 3,144 3,346 6.4 7,821 7,689 -1.7 $5,326 $5,732 7.6% $2,703 $4,082 50.3% $3,012 -$3,012 $5,918 $5,669 -4.2% $78,028 $76,062 -2.5% After adjusting for these and other such changes, spending on most programs is at or below what would be required to maintain current-service levels in 2004-05. The Governor's specific spending proposals in individual program areas are discussed in detail later in this brief. 7 AN LAO REPORT THE BUDGET'S ECONOMIC AND REVENUE PROJECTIONS The Economic Forecast The budget assumes that the recent strengthening of economic activity will continue for both the nation and state in 2004 and 2005. The U.S. real gross domestic product is pro- jected to grow 4.2 percent in 2004 and 3.6 per- cent in 2005, reflecting continued growth in consumer spending and accelerating gains in business investment in equipment and software. As shown in Figure 4, both employment and personal income are forecast to accelerate in California over the next year, although the gains will remain moderate by historical standards. The Revenue Forecast The administration projects that General Fund revenues will grow from $74.6 billion in 2003-04 to $76.4 billion in 2004-05, a 2.4 per- cent increase. Both the current-year and budget- year revenue totals are affected by numerous policy-related actions. For example, the cur- rent-year total includes the proceeds from the tobacco bond autho- rized in the 2003-04 budget, as well as numerous loans and transfers from special 8 Figure 4 funds. likewise, the budget-year estimate in- cludes new receipts from tribal compacts, fees, and pension obligation bonds. Revenues from the state's major taxes are projected to increase by about 6 percent between 2003-04 and 2004-05, consistent with the moderate economic expansion projected through the budget year. LAO Assessment The administration's underlying economic and revenue assumptions are similar to those of our November fiscal forecast, and appear reasonable in light of recent economic and revenue developments. While the administration's forecast of total revenues and Budget Forecasts Accelerating but Still Moderate California Economic Growth Year-Over- Year Percent Change, by Quarter 7% -1 -2 -3 1 2 3 4 L 2002 --1 Actual 1 2 3 4 L 2003 .J Estimated 1 2 3 4 L 2004 ..J Forecast 1 2 3 4 L 2005 ..J Farecast LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT transfers exceeds those in our November report, virtually all of the difference is due to policy- related factors-that is, the numerous loans, transfers, and fee proposals included in the budget proposal. The administration's forecast of collections from major taxes-which are devoid of major policy changes-is down from our November projection by just $184 million for 2003-04 and 2004-05 combined, a negligible difference given the large size of the tax bases involved. We will be updating our projections in February to account for updated information on revenue trends and on economic performance at the end of 2003 and start of 2004. community colleges. It shows a total of $46.6 billion in 2004-05, an increase of $752 million, or 1.6 percent, over the Governor's current-year estimate. This low growth rate is due to the Governor's proposal to suspend the Proposi- tion 98 minimum guarantee for 2004-05. The Governor's pro- posed funding level is approximately $2 billion less than would be required under the minimum guarantee, creating a $2 billion maintenance factor that would have to be restored in future years. (See shaded box next page.) Suspension would likely result in annual savings of roughly $2 billion for several years in the future. EXPENDITURES BY MAJOR INDIVIDUAL PROGRAM AREA PROPOSITION 98 Figure 5 summarizes the budget's proposed Proposition 98 allocations for K-12 schools and Figure 5 Governor's Proposed Proposition 98 Funding (Dollars in Millions) K-12 Proposition 98 State General Fund Local property tax revenue Subtotaisb CCC Proposition 98 State General Fund Local property tax revenue Subtotalsb $27,645 '$27,646 13,609 13,664 $41,254 $41,510 $2,244 $2,244 2,121 2,115 $4,365 $4,359 $27,233 14,709 $41,942 -$613 1,046 $432 -2.2% 7.7 1.0% $2,414 2,264 $4,679 $170 150 $320 7.6% 7.1 7.3% Total Proposition 98 State General Fund Local property tax revenue Totalsb $29,889 15,730 $45,619 $30,071 15,779 $45,868 $29,647 16,974 $46,621 -$443 1,195 $752 -1.5% 7.6 1.6% a These dollar amounIs re/lecI appropriations made to dale, or proposed by the Governor in the currenI year, In order to meet the minimum guarantee in 2002-03 and 2003-04, the LegislalUre wouid need to appropriate an additional $518 million and $429 million, respectively. b Totals may not add due 10 rounding, Total Proposition 98 amounts also include about $93 million in tunding thaI goes to other state agencies tor educational purposes. LEGISLATIVE ANALYST'S OFFICE 9 AN LAO REPORT The Governor also proposes to fund Propo- sition 98 below the minimum guarantee in 2002-03 and 2003-04, but does not propose suspension in these years. Thus, for these years, the state would need to appropriate additional resources to settle up to the minimum guaran- tee. However, the California Constitution does not specify a timeline by which the state must settle up. Under the Governor's proposal, the state would not begin paying the settle-up obligation of $947 million until 2006-07. This effectively creates a $947 million loan from Proposition 98 to the General Fund until that time. While the Governor's budget proposes to increase total Proposition 98 spending, General Fund spending on Proposition 98 actually falls by $443 million between 2003-04 and 2004-05. This occurs because local property tax (lPT) revenues increase by almost $1.2 billion. The growth in lPT results from a combination of natural growth in school LPT, a proposal to transfer additional property tax revenues from local governments to school districts through the Education Revenue Augmentation Fund (ERAF), and transfers of ERAF revenues from school districts to local governments as part of the How A PROPOSITION 98 SUSPENSION WOULD WORK Over the long-run, the Proposition 98 minimum guarantee is determined by the growth in K-12 attendance and growth in per capita personal income (referred to as the long-term Test 2 level). The Constitution allows the legislature to appropriate less for K-14 education than this long-term Test 2 level under two circumstances: (1) the legislature suspends the requirements of Proposition 98 or (2) percapita General Fund revenues grow slower than per capita personal income (known as a Test 3 level). In either of these circumstances, the Constitution requires the state to restore in future years the difference between the actual level of spending and the long-term Test 2 level of spending. This difference is known as the maintenance factor. Generally, maintenance factor is restored during Test 2 years (when the growth of General Fund revenues exceeds growth in personal income). We estimate that under the Governor's proposal, the state would start the budget year with a $2.5 billion maintenance factor obligation. Absent a suspension, $500 million of this amount would have been paid off in 2004-05, leaving a $2 billion factor at the end of the budget year. The Governor proposes to suspend the minimum guarantee in 2004-05, providing $2 billion less than Proposition 98 would require. Consequently, the proposed suspension would increase the year-end maintenance factor obligation to $4 billion. The Governor's proposal, beginning in 2005-06, would restore the maintenance factor consistent with existing law. Thus, this maintenance factor would take multiple years to restore, and under the most recent lAO forecast would only be partially restored by 2008-09. As a result, the Governor's proposal would likely result in annual savings of $2 billion for a number of years. 10 LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT "triple flip" payment mechanism for the Economic Recovery Bond on the March 2, 2004 ballot. K.12 Education Budget Fully Funds Growth, COLA, and Some Program Expansions. The Governor's budget proposes about $1.9 billion in new K-12 expenditures in 2004-05. Funds for these pro- posals come from three sources. First, total K-12 Proposition 98 funding is proposed to grow by $432 million in the budget year. Second, the budget proposes over $300 million in specific program reductions. Third, the budget uses $1.1 billion appropriated in the 2003-04 Budget Act for one-time expenditures as ongoing revenues in 2004-05. The one.time expenditures in the current year reduced the amount of deferred program costs from the level assumed in the 2002-03 Budget Act. Rather than further reduce the level of deferrals in 2004-05, the Governor's budget proposes to direct these funds to ongoing program expenditures. The budget proposes to spend the $1.9 bil- lion in available funds as follows: » $750 million for a COLA (1.84 percent) for revenue limits and most categorical programs. ,.. $600 million to compensate for a 1 per- cent growth in the number of K-12 students. » $500 million for other funding adjustments including (1) categorical program increases such as instructional materials ($188 mil- lion) and deferred maintenance ($173 mil- lion), and (2) funds to equalize school district revenue limits ($110 million). LEGISLATIVE ANALYST'S OFFICE $2 Billion in Categorical Funding Trans- ferred to Revenue Limits. The Governor pro- poses to eliminate $2 billion in funding for 22 categorical programs, and fold those funds into school district (and county office of educa- tion) revenue limits. Districts would receive the funds based on the distribution of the categori- cal funds for those 22 programs in 2003-04-that is, school districts would receive similar amounts of monies as if the programs were still in place. However, the districts would have full discretion over the use of the funds. Accompanying the categorical reform proposal will be trailer bill language requiring greater "sunshine" on the local budget process, and requirements for increased opportunities for community and school site participation in academic and budget decisions. In addition, school districts would be required to present local budgets that fully restore their reserves for economic uncertainty by 2005-06. Greater District Fiscal Accountability Proposed. The Governor proposes several reforms to ensure greater fiscal stability for school districts. Most significant of these is the requirement that all districts' collective bargain- ing agreements be subject to a 1 5-day review and comment period on their budgetary impact prior to school board adoption. The proposal will also include (1) greater specificity for defining fiscal insolvency, (2) guidelines for making multiyear projections, and (3) clearer authority for the Superintendent of Public Instruction to assign the Fiscal Crisis Manage- ment Assistant Team to districts in fiscal distress. Comments, Issues, and Concerns Suspension Reasonable Given Overall Budget Situation. We believe that the proposed 11 AN LAO REPORT suspension of the Proposition 98 minimum guarantee merits serious legislative consider- ation. Given the size of the structural deficit and Proposition 98's share of General Fund expendi- tures (roughly 40 percent), it would be very difficult to close the budget gap without involv- ing Proposition 98. In addition, the Governor's proposed funding level provides sufficient resources to fully fund growth, COLA, and some additional expansion and program restorations. The Legislature may want to consider addressing the $947 million settle-up obligation through either a suspension for those years or other options that do not require additional General Fund expenditures. HIGHER EDUCATION UC and CSU The Governor's budget proposal would reduce General Fund support for UC by $198 million, or 6.9 percent, from the revised 2003-04 level. The California State University's (CSU's) General Fund support would decline by $221 million, or 8.4 percent. Most of these reductions would be backfilled with new rev- enue from proposed student fee increases of 10 percent to 40 percent. When General Fund support and fee revenue are combined, UC and CSU's funding would decline by 0.3 percent and 2 percent, respectively. In keeping with legislative intent expressed in the 2003-04 budget package, the Governor's 2004-05 budget proposal includes no funding for enrollment growth at UC and CSU. In fact, the Governor proposes to reduce the enroll- ment of new freshmen at the two segments by 10 percent, with the foregone enrollment being redirected to community colleges. The budget 12 also would eliminate General Fund support for outreach programs, increase the student-faculty ratio at both segments, restore various one-time reductions from 2003-04, and fund increases in various health benefits and retirement costs. California Student Aid Commission (CSAC) General Fund support for CSAC would increase by a total of $53.8 million. The budget proposes to lower by 10 percent the income ceiling for students qualifying for Cal Grants, and would reduce the maximum Cal Grant award for students attending private institutions by about 44 percent. In a departure from recent practice, it would not increase the dollar amount of a Cal Grant award for UC and CSU students to ac- commodate proposed fee increases. At the same time, the budget assumes substantial growth in the number of Cal Grant awards. HEALTH Key Proposals by Program Medi-Ca/. The Medi-Cal budget proposal for 2004-05 reflects a significant increase in the overall level of General Fund support for the program. The increased cost is primarily due to one-time budgetary solutions (federal funds and accounting changes) in 2003-04 which do not continue into 2004-05. These additional costs would be partly offset with spending reductions. The Governor's budget proposal reflects the continuation into the budget year of various reductions that were proposed in November (but that have not been enacted to date) for implementation beginning in the current fiscal year. These proposals would reduce the reimbursement rates paid to speci- LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT fied providers, which were already set to de- crease by 5 percent, by a total of 15 percent; impose enrollment caps on nonemergency services for recent immigrants and undocu- mented persons; and eliminate funding ear- marked to increase pay for nursing home work- ers. In addition, reductions proposed in the spending plan to commence in the budget year would reduce Medi-Cal expenditures by delay- ing payments to providers by one week; estab- lishing a "quality improvement fee" for managed care health plans; and reducing the reimburse- ments paid to certain clinics and hospitals. The administration also proposes to pursue a federal waiver to achieve Medi-Cal savings by 2005-06 by simplifying eligibility standards, imposing copayments for services, modifying benefit packages for certain optional popula- tions, expanding managed care plans, and implementing other changes. Department of Developmental Services. As announced previously, the 2004-05 spending plan drops administration proposals presented in November to cap caseloads for Regional Center community services and to end certain services, such as respite care. About $100 million in savings would be achieved in 2004-05 by establishing copayments for families of persons receiving services, standardizing statewide the program reimbursement rates and services that are provided, and taking other steps. Other Health Programs. The budget plan continues into 2004-05 a November proposal to cap caseloads and reduce provider rates for various programs starting in 2003-04. In addition to the enrollment limit, Healthy Families Pro- gram spending would be changed by making benefits for recent immigrants part of a block grant to counties, and further changed in 2005-06 by LEGISLATIVE ANALYST'S OFFICE modifying the premiums and benefits provided for children of families with higher incomes. Comments, Issues, and Concerns The exact magnitude of savings that can be achieved from proposed reductions in Medi-Cal rates is uncertain at this time given recent litigation over similar reductions enacted as part of the 2003-04 budget plan. A preliminary injunction issued by a federal district court in December has blocked, at least for now, the implementation of the first 5 percent reduction in rates that was scheduled to take effect on january 1, 2004. If the litigation prevented any rate reduction from occurring, the state would lose hundreds of millions of dollars in savings. The state is appealing the decision. SOCIAL SERVICES Key Proposals by Program IHSS. The budget retains the mid-year proposal to eliminate the "residual" program, which is funded exclusively with state and county dollars. The proposal assumes that 24 percent of residual recipients will switch to providers who are not "responsible relatives," thereby retaining eligibility for the federally funded Personal Care Services Program. Net savings from the elimination of the residual program are estimated to be $366 million. In addition, the budget limits state participa- tion in provider wages to the minimum wage, rather than the $10.10 per hour level currently authorized. This results in savings of $100 mil- lion (including associated administrative savings). Finally, the budget proposes savings of $26 mil- lion by reducing services for recipients living with able-bodied relatives. 13 AN LAO REPORT California Work Opportunity and Responsi- bility to Kids (CaIWORKs). The budget contains savings proposals related to CalWORKs grants and COLAs, as well as several CalWORKs policy changes. As regards grants and COLAs, the budget retains the mid-year proposal to (1) reduce CalWORKs grants by 5 percent effective April 1, 2004, and (2) avoid both the October 2003 and July 2004 COLAs. These proposals result in savings of $135 million in 2003-04 and $407 million in 2004-05. As regards program policy changes, the Governor proposes (1) a 25 percent grant reduction for cases in sanction status and (2) stricter work requirements. These proposals result in grant savings of $163 million, partially offset by increased childcare costs of $134 mil- lion, for a net savings of $29 million. With respect to state childcare programs, the budget proposes several changes including increases in family fees, reductions in payments to providers, modifications to eligibility rules, and an elimina- tion of dedicated funding for childcare for families who have been off of cash assistance for at least three years. For 2004-05, these childcare reforms would result in savings of $42 million in CalWORKs and $123 million in Proposition 98. Supplemental Security Income/State Supplementary Program. The budget proposes to suspend the January 2005 state COLA resulting in cost avoidance of $85 million. In addition, the budget does not "pass through" the federal january 2005 COLA, resulting in savings of $62 million. Comments, Issues, and Concerns Major Reductions to IHSS. The Governor proposes to reduce spending on IHSS by $492 million (35 percent) compared to the 14 requirements of current law. In evaluating the proposed reductions, the legislature should weigh the budgetary savings against the impact on aged and disabled individuals who will lose services. Governor's Welfare Reform Proposal. The Governor proposes to achieve higher rates of work participation from stricter work require- ments and greater sanctions. In evaluating this proposal, the Legislature should weigh the benefits of increased work participation versus the potential adverse impact on children in families whose parents are unwilling or unable to comply with the new rules. JUDICIARY AND CRIMINAL JUSTICE General Fund spending for judiciary and criminal justice programs is proposed to in- crease $425 million, or 6 percent. This increase reflects the replacement of one-time federal funding ($852 million) with General Fund monies. The budget actually proposes approxi- mately $600 million in reductions to judiciary and corrections programs. However, it does not provide specific details on how most of the savings will be accomplished in 2004-05. In- stead, it proposes large unallocated reductions ($400 million in corrections and about $70 mil- lion in the courts) as a placeholder for proposals that will be submitted to the legislature as part of the May Revision. This will result in a signifi- cantly compressed timeframe for legislative review, particularly for an unspecified solution of this magnitude. The budget contains administrative and programmatic proposals focused on improving accountability and service delivery in the California Department of Corrections (CDC) and the Department of the Youth Authority. In LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT the case of CDC, this includes establishing over 1,200 additional positions in the prisons at a cost of nearly $100 million. The budget also proposes to implement information technology projects and internal cost controls in the depart- ment. The Youth Authority proposals involve significant policy issues such as changing the age jurisdiction of the department, authorizing the transfer of wards to the adult prison system, and reforming juvenile sentencing. The budget also proposes to change the staffing of ward living units to allow additional time for treatment services. The budget indicates that additional details regarding these proposals will be pro- vided to the legislature during the spring, thus leaving limited time for legislative review and consideration. TRANSPORTATION The budget proposes a number of actions in the area of transportation in order to provide savings to the General Fund. 2003-04 Mid-Year Changes For the current year, the administration proposes the following actions: >- Shift the funding of local transportation projects from an accrual basis to cash basis in order to realize, for one-time purposes only, approximately $800 mil- lion in federal cash reimbursements. Of this amount: (1) $406 million would be transferred to the General Fund for debt. service payments related to three trans- portation bond issues, (2) $200 million would be loaned to the General Fund, and (3) the remaining $194 million would remain in the State Highway Account (SHA) for transportation expenditures. LEGISLATIVE ANALYST'S OFFICE >- Transfer $189 million from the Traffic Congestion Relief Fund to the General Fund. » Transfer about $60 million in non-Article XIX (gas tax) SHA funds to the General Fund instead of the Public Transportation Account (PTA). » Retain in the General Fund $30 million in additional "spillover" gasoline sales tax revenue that otherwise would accrue to the PTA. Budget-Year Adjustments For 2004-05, the budget proposes to: » Suspend the Proposition 42 transfer to the Transportation Investment Fund of about $1.1 billion in gasoline sales tax revenue. Instead, the revenue would remain in the General Fund. Specific statutory authority for Traffic Congestion Relief projects would also be removed. » Transfer about $47 million in non-Article XIX (gas tax) SHA funds to the General Fund instead of the PTA. >- Transfer $745,000 from the Aeronautics Account to the General Fund. In total, the budget's transportation propos- als would provide about $2.1 billion to the General Fund over the two years. Comments, Issues, and Concerns The budget proposals to use transportation funds to help the General Fund would signifi- cantly reduce funding available for transporta- tion-related improvements. The proposals raise a 15 AN LAO REPORT number of issues both in the short and the long term, related to the funding of the state's trans- portation programs, including the following: >- Uncertain Transportation Funding Hinders State and Local Project Deliv- ery. If adopted, the administration's proposal to suspend Proposition 42 would be the second suspension (in full or in part) in the first two years of this program, thereby creating uncertainty regarding future Proposition 42 transfers when the state faces a budgetary crisis. Such uncertainty makes long-term planning difficult, and money will be wasted in stopping and restarting projects, many of which are local priori- ties. Furthermore, shifting local transpor- tation funding to a cash basis reduces local governments' ability to deliver projects. Any future fluctuations in the availability or timing of funding could cause temporary shortfalls in available funds and result in project delays. >- One-Time Benefit Creates Ongoing Bureaucracy. Shifting local transporta- tion funding to a cash basis will require Caltrans to project the future cash needs of thousands of local projects annually to ensure that their cash needs in any one year do not outstrip available funding. Caltrans does not currently possess this capacity, and it is still unknown what additional resources Caltrans will need to make these projec- tions on an ongoing basis. 16 RESOURCES The budget proposes substantially lower state expenditures for resources and environ- mental protection programs in 2004-05, mainly in bond-funded programs. Although the budget proposes some relatively small reductions in General Fund expenditures-reflecting a combi- nation of program reductions and funding shifts to fees-the major feature of the Governor's resources budget proposal relates to the use of bond funds. Bond Plan Incomplete. The budget pro- poses expenditures of $136 million from bond funds in 2004-05. This represents a reduction of $3.9 billion, or 97 percent, from estimated expenditures in the current year. In recent years, bond funds have provided the majority of funding for resources programs. The administra- tion has indicated that the January budget proposal for resources bonds is substantially incomplete and that it will submit the balance of the Governor's proposal in the spring. The Governor's budget summary document, how- ever, indicates that the Governor's resources bond expenditure priorities include implementa- tion of the CAlFED Bay-Delta program, lake Tahoe environmental protection, and state park facility improvements. In the interim, the adminis- tration plans to evaluate opportunities to reorga- nize and streamline the implementation of re- sources conservation efforts receiving bond funds. GENERAL GOVERNMENT Retirement-Related Proposals The administration is proposing major changes in the retirement area for state employ- ees, with an estimated General Fund benefit of $950 million in 2004-05. LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT Modified Pension Obligation Bond. The administration proposes replacing the current- year $1.9 billion pension obligation bond assumed in the 2003-04 budget with a bond of one-half that amount. The new bond would cover a portion of the state's 2004-05 retirement contribution obligations, for a General Fund benefit of $929 million. A recent Superior Court decision ruled that the state cannot sell these types of bonds without voter approval, but the state has appealed the decision. Increased Employee Contributions. The Governor proposes increasing the percentage of salary that state employees contribute to retire- ment. The budget assumes $14 million in General Fund savings from increasing employee contributions by 1 percent. This would require renegotiating contracts with the state's collective bargaining units. Reduced Retirement Benefits for New Employees. The administration proposes rolling back retirement benefits for new employees to those in place prior to the enactment of Chap- ter 555, Statutes of 1999 (SB 400, Ortiz). This would generate long-term savings as more employees are hired, but only an estimated $6 million in General Fund savings in 2004-05. Indian Gaming Revenue The state has signed compacts with 64 Indian tribes related to gaming on tribal lands. Currently, pursuant to these compacts, tribes contribute over $100 million annually to state accounts. These funds are then allocated to nongaming tribes and various other purposes. The administration proposes to have compact tribes additionally contribute $500 million in revenues to the General Fund in 2004-05. This LEGISLATIVE ANALYST'S OFFICE revenue proposal depends on the state success- fully negotiating such a payment with the tribes. Comments, Issues, and Concerns Viability of Proposals. The administration's major proposals in the general government area of the budget (retirement and Indian gaming revenues) are similar to those included in the 2003-04 budget. The courts thus far have prevented the state from issuing pension bonds, and the prior administration was unable to generate any significant revenues from negotiat- ing for increased tribal gaming revenues. As such, the viability of obtaining the $1.4 billion in budget solutions proposed in these areas should be seriously questioned by the Legislature. LOCAL GOVERNMENT VLF Backfill. The budget provides funding for General Fund backfill payments to cover the full reduction in the VlF. The cost of the backfill is $2.7 billion in 2003-04 (with an additional $1.3 billion payable to local governments in 2006), and $4.1 billion in 2004-05. Property Tax Shift. The budget includes a $1.3 billion shift of local government property taxes to the ERAF. This $1.3 billion shift equates to a roughly 25 percent increase in ERAF obliga- tions, or a decrease in local government prop- erty taxes of about 10 percent. These increased ERAF property taxes reduce state K-14 spending obligations by a commensurate amount. Mandate Reimbursement Deferred. Finally, consistent with legislative intent expressed in the 2003-04 Budget Act, the budget defers reim- bursement to counties, cities, and special districts for state mandates. Under current law, local agencies must carry out state-mandated requirements, regardless of delays in state 17 AN LAO REPORT reimbursement. By the end of the budget year, we estimate the state will owe local agencies (mostly counties and cities) over $1 billion for deferred mandate reimbursements. Other Local Government Proposals. In addition to the ERAF shift, the budget proposes more than $400 million of other changes that reduce local government funds or increase local costs. These proposals include: reducing funding for juvenile probation ($134 million), suspending the Proposition 42 General Fund transfer for local transportation programs ($179 million), and eliminating booking fee subventions ($38 million). CONSIDERATIONS FOR THE LEGISLATURE We believe that the budget has many positive features. Its underlying revenue and caseload assumptions are reasonable, it pro- vides an accurate depiction of the size of the problem facing California, and many of its solutions would provide real and lasting savings. Given the magnitude of the problem, we also believe that it is appropriate that the administra- tion looked to all expenditure areas of the budget for solutions. As such, the proposal offers a solid starting point for budget delibera- tions. At the same time, however, the budget poses serious questions and concerns for the Legislature in several areas. For example, as touched on earlier in this brief: Some Budget Savings May Not Be Realized. The amount of savings scored for various budget proposals may not be fully achievable due to legal and other factors. Examples include the $400 million in corrections savings, the $500 million in tribal gaming revenues, the over $900 million in savings from pension obligation bonds, and potentially hundreds of millions of dollars in Medi-Cal savings from provider rate reductions. Does the Budget Push Too Much Off Into the Future? One of the main features of recent 18 budgets is that they have not meaningfully addressed the ongoing structural budget short- fall that has confronted the state since 2001-0L While this budget does contain large amounts of real and ongoing savings, it still leaves a signifi- cant amount of the structural problem for future years. Our initial projections-based on our November economic and revenue assump- tions-suggest the Governor's plan would leave the state with a budget shortfall of roughly $6 billion in 2005-06, even if all of the savings and other solution assumptions in the plan were fully realized. Furthermore, the unaddressed budget shortfall would be even larger if some or all of the risky assumptions noted above fail to materialize. We will be revising our estimate next month of the out-year structural problem under the proposal to reflect updated eco- nomic, revenue, and expenditure assumptions. However, regardless of the precise estimate, the issue for the legislature is how the projected multibillion-dollar out-year problem should be dealt with and whether it should be more completely addressed at this time. Should Additional Revenues Be Consid- ered? There are several reasons to ask this question. One involves the large magnitude and potentially far-reaching effects of the proposed LEGISLATIVE ANALYST'S OFFICE AN LAO REPORT budget reductions on state programs. A second is the multibillion-dollar ongoing budget shortfall that would still remain unresolved even under the Governor's plan, and that would have to be dealt with through more borrowing or further spending cuts if additional revenues are "left off the table." We believe the legislature should consider whether solutions involving taxes-such as the elimination of selected tax expenditures or increased tax rates-should be part of the 2004-05 budget plan. Even if limited tax in- creases have certain negative effects on the economy, these consequences should be weighed against the negative consequences of the alternatives, including deeper cuts in public spending in infrastructure, education, and other areas, or more borrowing. What About Budgetary Reforms? The Governor has stressed his intent to undertake a broad-based comprehensive review and restruc- turing of state operations that will improve LEGISLATIVE ANALYST'S OFFICE efficiency and produce fiscal benefits. While the budget plan does include some examples in these areas, such as an outline of future reforms in the Medi-Cal area, many of the ideas are not very well developed at this point. In fairness, the administration has only been in office for three months. However, if significant fiscal benefits in these areas are to be achieved, it will be impor- tant for the administration to translate its ideas into specific proposals which can be considered in a timely fashion by the legislature. Timely and Decisive Action Is Needed. Finally, as was the case last year, we believe that it is important that the legislature act early and decisively to address the budget shortfall, and that it seek to maximize the amount of ongoing solutions to the budget problem. Otherwise, the state will both forego the full potential benefits that different solutions have to offer, and will face renewed budget shortfalls in subsequent years. 19 STIITI CAPIIOL p.o.oo<...... ,^"""""",CA""""" (V1~ .,..... ""'J91~"."" &lift, ", . . >. DIImUCT OFRCE 100 """'" DE SAN """"". SUrrE" SAN JOSE. CI\ "113 ("'I,m"" ""'1408)"""'" 2004-05 Gov Deparbnent Description Budget Com. Action . Guardianship/Conservatorship Filings - provided costs relating to conservatorship proceedings. Although it has been difficult to obtain information on this mandate, it appears that it has been replaced with the Conservatorships Mandate. Repeal/rnake Developmental Services The mandate has been suspended the last few vears. Repeal permissive (6/16) Photographic Record of Evidence--First-year costs in 2002- " 03 of $2.6 million, ongoing costs of $265,000. $332,000 Local Government average. This is a new mandate that'has not yet been Financin¡:¡ funded. Defer Defer Open Meetings Act Notices/Brown Act Reform (Ch. 641/86)-- Requires local agencies/legislative bodies to post a single Defer + refer Local Government agenda containing a brief description of items to be heard, mandate to CSM Financing and specifying the time and location of the meeting. Defer to review. Local Government CPR Pocket Masks - Every officer shall have a CPR pocket Repeal/make Financing mask. Repeal permissive (6/16) Domestic Violence Information (Ch. 1609/84)--Requires law enforcement agencies to develop, adopt, and implement Local Government written policies and standards for peace officers responding Repeal/make Financing to incidents involvin¡:¡ domestic violence. Repeal permissive (6/16) Filipino Employee Surveys (Ch. 845/78)--Requires in certain Local Government instances that Filipino employees be categorized as such in Repeal/make Financinq employee ethnicity surveys and tabulations. Repeal permissive (6/16) Recommendations from the Special Com. on State Mandates 1 of 4 April 6th. 2004 2004-05 Gov Department Description Budget Com. Action Involuntary Lien Notices (Ch. 1281/80)--Requires the county recorder to notify debtors of involuntary liens. When the Local Government lienor is a governmental entity, the county cannot charge a Repeal/make Financing notification fee. ReDeal permissive (6/16) Lis Pendens (Ch. 889/81 )--Requires counties to prepare and Local Government record a notice of the pendency of an action involving real Repeal/make FinancinQ property or the title or the riQht of possession of real property. Repeal permissive (6/16) Proration of Fines and Court Audits (Ch. 980/84 )--Requires each fine, penalty, forfeiture, and fee to be prorated among State and local entities and requires county auditors to conduct biennial audits. Also requires county auditors to review collection and disbursement activities of probation Local Government offices and central collection bureaus, and requires a certified Repeal/make Financing copy of the associated audit to be submitted to the SCO. Repeal permissive (6/16) Mentally Disordered Offenders' Extended Commitment Proceedings - Requires hearing process for extending Mental Health commitments of Mentally Disordered Offenders. not in budget defer (7/21) Residential Care Services - Reimburses counties for 10 percent of costs to implement a Residential Care Serviuces Repeal/make Mental Health Program in their Short-Doyle proQram. suspend permissive (6/16) Short-Doyle Audits - Reimburses counties for annual audits of Repeal/make Mental Health the county's Short-Doyle (mental health) expenditures. . suspend permissive (6/16) Short-Doyle Case Management - Reimburses counties for costs associated with case management and specified case management services for mentally ill persons with high Repeal/make Mental Health hospital readmissions. suspend permissive (6/16) RecommendatIons from the Special Com. on State Mandates 2 of 4 April 6th, 2004 2004-05 Gov Department Description Budget Com. Action Repeal/make Sex Crime Confidentiality-notifies a person who alledges that permissive. Need he/she is a victim of a sex crime that their name will become clarity as to wther part of a public record unless they request confidentiality, additional establishes a process for law enforcement officers to record reporting OCJP requests for confidentiality. suspend necessary (7/28) Suspend in Law Enforcement Sexual Harassment Training - Requires budget bill and that training standards be put in place by January 1995 and repeal/make training be done for officers who received basic training permissive in later POST before Januarv 1995 by Januarv 1997. suspend legislation (7/7) Elder Abuse. Law Enforcement Training - Every city police officer or deputy sheriff at a supervisory level and below who Suspend in is assigned field or investigative duties is required to budget bill and complete an elder and dependent adult abuse training course repeal/make certified by POST within 18 months of assignment to field permissive in later POST duties. suspend legislation (7/7) Property Tax-Family Transfers (Ch. 48/87)--Requires county assessors to provide quarterly reports to the Board of Equalization on specified property purchases and transfers Repeal/make Tax Relief made after November 6, 1986. suspend permissive (6/16) Senior Citizens' Mobile Home Property Tax Deferral (Ch. 1051 /93)--Requires assessors, tax collectors, and recorders to file certificates of eligibility with the State Controller that establish liens, record tax postponement information, and disseminate that information to all interested parties. Also requires county officials to notify the SCO of any changes in Repeal/make Tax Relief ownership of affected mobilehomes. suspend permissive (6/16) Recommendations from the Special Com. on State Mandates 3 of 4 April 6th, 2004 2004-05 Gov Department Description Budget Com. Action Adult Felony Restitution-- This mandate requires that probation officers determine whether a defendant is required to pay a certain fine and recommend whether the court should require. as a condition of probation. restitution to the victim or payment to the Restitution Fund. This mandate has been suspended since 1990-91. In addition. it does not appear to be critical to public safety or to the provision of 24- Repeal/make Tax Relief hour care. suspend permissive (6/16) Recommendations from the Special Com. on State Mandates 4 of 4 Aprii 6th, 2004 Proposition 98 Education Mandates ($0005) 2004-05 Gov Estimated ChlYr Title Description Budget Annual Costs Com. Action ADMINISTRATIVE Ch. 98/94 Caregiver This mandate requires LEAs to (a) enroll a pupil living in the home of a Defer 912 Make optional the Affidavits caregiving adult living within the district, and (b) annually monitor a specified annual renewal of caregiver affidavit form. The highest reimbursable costs are for administrative affidavits tasks related to receiving and approving submitted affidavits and processing enrollment paperwork. Ch.650/94 et Employee Requires that districts (1) receive an actuarial estimate of the accrued, but Defer 452 Make law al. Benefits unfunded portion of the health and welfare benefits of retired employees, (2) inoperative. LAO Disclosure calculate and present at a public meeting the amount of accrued health and to report back if welfare benefits, (3) demonstrate that the budget contains sufficient funding to GASB amendment meet the current value, and (4) annually certify to the SPI the amount of does not take reserve for the health and welfare benefits of current and retired employees. place in July. The largest cost component results from annually calculating the amount of accrued health and welfare benefits and determining than the budget contains sufficient funding to meet the liability. Secondary costs result from presenting that information at a public hearing and providing annual conformation to the cel Ch. 100/81 et School District This mandate requires school districts to (a) provide specified financial Defer 2,525 DaF was asked to al. Fiscal information and certifications to the county superintendent; (b) adopt a revised ask CSM to review Accountability budget one week earlier than was previously required; (c) to make available for its statement of Reporting public review an updated district budget after adoption of the State budget; (d) decision to clarify for districts with a negative or qualified budget certification, provide specified the extent to which information to the SPI, SCO, and county superintendent. The mandate also costs can be offset requires county offices of education to review, verify, and forward to the SPI by Budget Act specified information related to district budgets. The greatest reimbursable appropriations. costs are likely related to updating district budgets and providing specified information to the SPI, SCO, and county schools superintendent. Special Com. on State Mandates 1 of 9 March 31,2004 Proposition 98 Education Mandates ($0005) 2004-05 GOY Estimated ChlYr Title Description Budget Annual Costs Com. Action Ch. 1463/89 School Section 8.5 of Article XVI of the State Constitution requires school districts Defer 4,598 DaF was asked to Accountability maintaining an elementary or secondary school, to develop a SARC for each ask CSM to review Report Cards school. Ch. 1463/89 established the School Accountability Report Card prior Decision in (SARC), which requires schools to provide a report card including various non- light of federal law constitutionally required information such as the average salary of principals in and recent SARC the district and the school's expulsion rate. Majoractivities include compiling, II & III decisions. analyzing and reporting the required data and annually posting the SARC on the Intemet. Ch.828/97 Standardized Ch: 828/97 established the Standardized Testing and Reporting Program, Not in budget Unknown DaF was asked to Testing and which requires schools to test pupils in grades 2 through 11 using a nationally- ask CSM to review Reporting normed exam and a series of tests aligned with State-adopted content prior Decision in (STAR) standards. Major activities include acquiring test materials, supplies and light of federal law. equipment, training staff on State policies, developing internal policies, and coordinating pretest and posttest activities. Most costs should be recovered from budget appropriations. Ch. 309/95 Pupil Residency This mandate requires LEAs adjacent to the intemational border to make Defer 190 Do not change Verification and reasonable efforts to determine a pupil's residency if a district employee has Appeals reason to believe false or unreliable documentation of residency has been provided and also requires district to establish an appeals process. The greatest reimbursable costs are related to residency verification efforts and complying with the established appeals process. Ch. 36/77 et Financial and This mandate requires county offices of education to undertake additional Defer 1,133 Pending additional al. Compliance activities related to financial and compliance audits of school districts, including information, after Audits (a) adding specified boilerplate language to audit contracts, (b) paying auditors review, make with multiple instead of lump-sum payments, (c) upon request from SDE or permissive: sca, consulting with State agencies and assisting districts to resolve audit 1) respond to exceptions, and (d) publicly reviewing annual audits. The greatest inquiries, 2) reimbursable costs will likely result from assisting districts to resolve audit corrective action exceptions and publicly reviewing annual audits. plans, and 3) report to the governing board Special Com. on State Mandates 2 of 9 March 31, 2004 Proposition 98 Education Mandates ($OOOs) 2004-05 GOY Estimated ChNr Title Description Budget Annual Costs Com. Action Pupil Discipline, Suspension, and Expulsion Ch. 965/77 & Pupil Classroom Requires that school counselors or school psychologists attend post-classroom Defer 2,627 Repeal, make 498/83 Suspension: suspension parent-teacher conferences whenever practicable. Of the permissive Counseling reimbursable activities associated with this mandate, the highest costs result from providing counseling services at parent-teacher conferences. Ch. 1284/88 Pupil Requires (a) school district governing boards to adopt a policy authorizing Defer 800 Repeal, make & 213189 Suspensions: teachers to require the parent or guardian of a pupil who has been classroom- permissive Parent suspended by a teacher, to attend a portion of a school day in his or her child's Classroom Visits or ward's classroom on the day in which the pupil is scheduled to retum to class, or within a reasonable period of time thereafter; (b) parents or guardians be notified of this policy prior to its implementation; (c) the principal to send a written notice to the parent or guardian stating that attendance is pursuant to law; (d) school staff to contact parents or guardians who do not respond to the request; and (e) the school administrator to meet with the parent after the classroom visitation and before leaving the school site. This applies only to a parent or guardian who is actually living with the pupil. Of the reimbursable activities associated with this mandate, the highest costs result from parental notices, follow up contacts, and meetings. Ch. 498/83 Notification of Requires school districts, upon a pupil's initial classification as a truant, to Defer 10,616 Repeal, make Truancy notify the pupil's parent or guardian by 1 st class mail or other reasonable permissive means of (1) the pupil's truancy; (2) that the parent or guardian is obligated to compel the attendance of the pupil at school; and (3) that parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Art. 6 (commencing with §48290) of Ch 2 of Part 27. Additionally, the district must inform parents and guardians of: (1) alternative educational programs available in the district; and (2) the right to meet with appropriate school personnel to discuss solutions to the pupil's truancy. Of the reimbursable activities associated with this mandate, the highest costs result from notification of parent or guardian and recordkeeping. Special Com. on State Mandates 3 of 9 March 31, 2004 Proposition 98 Education Mandates (SOOOs) 2004-05 GOY Estimated ChNr Title Description Budget Annual Costs Com. Action Ch. 1184/75 Habitual Truants Defines habitual truant and states that no pupil shall be deemed a habitual Defer 8,871 Repeal, make truant, unless school districts make a "conscientious effort" to hold at least one pennnissive conference with the pupil's parent or guardian and the pupil. . Ch 1023/94 requires school districts to classify a pupil as a habitual truant as defined in EC §48262 upon the pupil's fourth truancy within the same school year. Of the reimbursable activities associated with this mandate, the highest costs result from reviewing school records and scheduling and holding parent conferences. Ch. 1253/75 Expulsion Provides that school districts must not charge the parents or guardians of Defer 14 No Action Transcripts pupils for the cost of the transcript of the initial expulsion hearing when the parents or guardians have limited income, and to refund the cost of the transcript to the parents or guardians when the county board reverses the local board's decision to expel the pupil pursuant to EC §48921 , as renumbered by Ch 498/83. Of the reimbursable components associated with this mandate, the highest costs result from salaries and benefits of employees who perform the duties associated with providing a written transcript. Ch. 1306/89 Notification to Requires that school districts report to each teacher the name of any student Defer 6,154 Accept LAO & 1257/93 Teächers of Pupil who has caused, or attempted to cause, serious bodiiy injury or injury to Recco: Ask sea Expulsion another person. The notification is based on written records the district to 1) review maintains or receives from a law enforcement agency. Districts are not liable claims and 10 for failure to comply as long as a good faith effort is made to notify teachers. high cost School personnel are immune from civil or criminal liability unless the components and, information they provide is knowingly false. Of the reimbursable activities 2) recommend unit associated with this mandate, the highest costs result from information cost. maintenance and notifying teachers. Unit cost difficult at this time, ask seo to prioritize this mandate for audits Special Com. on State Mandates 4 of 9 March 31,2004 Proposition 98 Education Mandates ($OOOs) 2004-05 GOY Estimated ChlYr Title Description Budget Annual Costs Com. Action Ch. 498/83 et Pupil This consolidated mandate covers activities relating to mandatory pupil Defer 4,380 Leave alone for al. Suspensions, suspensions and expulsions, required expulsion appeals procedures, pre- now, but may be Expulsions, and suspension conferences, etc. Of the reimbursable activities associated with part of the Expulsion this mandate, the highest costs result from salaries and wages of employees "federal" Appeals required to prepare reports and attend hearings for suspended and expelled discussion students (due process activities). (Consolidated with Pupil Suspensions: District Employee Reports mandate per COSM amended parameters and uidelines.) SAFETY Ch. 1107/84 Removal of Requires districts to comply with guidelines for the removal and disposal and Defer 2,091 DOF was asked to Chemicals chemicals whose shelf life has elapsed. Eligible claimants are reimbursed for ask CSM to review ongoing costs of maintaining a program for the regular removal and disposal of P&Gs to reflect identified chemicals. Eligible costs include school district staff costs associated changes in this with the removal or inventorying of chemicals, and consultant and contractor mandate fees or charges. Potential high costs include: initial Inventory development, maintaining the inventory, and removal and disposal of chemicals. We note that there has been relatively low funding claimed by all districts for this mandate. Ch. 736i97 et Comprehensive Requires school sites to write, develop, and adopt comprehensive school safety Not in Budget No Estimate Look into al. School Safety plans and submit them to the school district or CaE for approval. Reimbursable Available consolidating this (pending claim) activities associated with this mandate include consulting with law enforcement (Pending Claim) with "Emergency in the development of the plan: assessing the current status of schooi crime Procedures". The committed on school campuses and school related functions: annual review "other funding and update of the plan. source will be part of the April discussion. Repeai annual update requirement Special Com. on State Mandates 5 of 9 March 31, 2004 Proposition 98 Education Mandates ($OOOs) 2004-05 GOY Estimated ChNr Title Description Budget Annual Costs Com. Action Ch. 1659184 Emergency Requires LEAs to have earthquake emergency procedures for all school Defer 19,799 Leave earthquake Procedures; buildings. Eligible claimants are reimbursed for increased costs incurred to plan alone. .Make Earthquake and prepare an emergency procedure system and providing specified mass care implementation Disasters and welfare shelters. Of the reimbursable activities associated with this permissive. mandate, the highest costs result from the ensuring that students and staff are Combine with aware of and properly trained in the emergency plans and performace of a "Comprehensive" quarterly drop procedure practiced by every student and staff member. above. Ch. 1423184 Juvenile Court Requires school district superintendents to distribute to relevant school-site Defer 811 Ask Leg Counsel et al. Notices II personnel written notices provided by the juvenile court system regarding to look into pupils enrolled in their districts who have been convicted of certain felonies or combining with misdemeanors, and to maintain these files until the student graduates from "Notification of high school, is released from juvenile court jurisdiction, or reaches the age of Teachers..." Pick 18, whichever comes first. Of the reimbursable activities associated with this least costly mandate, the highest costs result from record retention and destruction. methodology Leg Counsel suggests we do not try to combine. Ch.1117189 Law Enforcement Requires that school authorities notify the appropriate law enforcement agency Defer 2,082 No Action Agency of any acts of a pupil that may involve the possession or sale of a controlled Notifications substance or a violation of PC §626.9 and 626.10. Of the reimbursable activities associated with this mandate, the highest costs result from preparation and filing of reports and record maintenance. Special Com. on State Mandates 6 of 9 March 31,2004 Proposition 98 Education Mandates (SOOOs) 2004-05 GOY Estimated ChNr Title Description Budget Annual Costs Com. Action HEALTH Ch. 668/78 Pupil Health Requires school districts to: (a) send a notice to a pupil's parent/guardian, (b) Defer 1,469 Repeal, but keep Exclusions grant the parent/guardian the right to meet with the goveming board, (c) "due process" part conduct the meeting in accordance with certain procedural rules, and (d) of the mandate provide periodic review of the exclusion. HSC§120230 specifies that no pupil who resides where any contagious, infectious, or communicable disease exists/existed, and that is subject to strict isolation/quarantine, shail be permitted to attend school except by written permission of a county health officer. EC§49451 states that when a pupil's parent/guardian has refused to consent to a physical examination of his or her child, and there is good reason to believe that he pupil is suffering from a recognized contagious or infectious disease, the pupil shail be excluded from school until school authorities are satisfied that no contagious or infectious disease exists. Of the reimbursable activities associated with this mandate, the highest costs resuit from producing written reports and notifying parents and guardians. Ch.1208/76 Pupil Health Requires (a) the governing body of every school district which has kindergarten Defer 4,884 Eliminate reporting eta!. Screenings children en roiled to provide Child Health & Disability Prevention (CHDP) requirement to information to parents; (b)districts to report to the county and DHS the number DHS, unless DOF of pupils enrolled in first grade and number of health screening certificates (and finds out this waivers) received; (c) counties to reimburse districts for the information information is used coilection process; (d) districts to exclude pupils who do not have a health by DHS screening (or waiver) from school under specified circumstances; and (e) districts to make specified family contacts before excluding a pupil from attendance. Of the reimbursable activities associated with this mandate, the highest costs result from parental notification, obtaining parental compliance, exclusion of pupils, and statistical reporting. Ch.640/97 Physical Adds a new reporting and compliance requirement to determine whether Defer 14 Repeal, pending Education districts are actually providing their students with the statutory minimum DOF report as to Compliance minutes of physicai education. Of the reimbursable activities associated with whether or not Reports this mandate, the highest costs wiil result from staff training and record CCR is sufficient keeping. Special Com. on State Mandates 7 of 9 March 31, 2004 Proposition 98 Education Mandates ($OOOs) 2004-05 GOY Estimated ChNr Title Description Budget Annual Costs Com. Action Ch.1176/77 Immunization Provides uniform requirements for immunization of students prior to entering Defer 3,650 Leave alone Records - private or public elementary, secondary school or other specific institutions. In including addition, the governing authority of the school or specified institùtion is required Hepatitis B to maintain immunization records on each student and file a written report on the immunization status of new entrants to the school or institution with the State Department of Health Services at times and on forms prescribed by the department. Of the reimbursable activities associated with this mandate, the highest costs result from record maintenance and periodic reporting. Hepatitis B: Ch 291/95 required documentation of Hepatitis B immunization for all children entering the Kindergarten level or below. Ch. 882/97 furhter required Hep B immunization for all students entering 7th grade. CURRICULUM Ch. 778/96 American Requires school districts to teach students to read the Declaration of Defer 194 Repeal mandate Government Independence, U.S. Constitution, Federalist Papers, Emancipation statute; mandate Course Prociamation, Gettysburg Address, and George Washington's Farewell subject matter in Document Address, as part of American Govemment and Civics courses required for state graduation. The highest cost resulting from this mandate is the cost of training assessements and teachers how to teach American Government or Civics courses to the students. content sdts..- This cost may include the salary/fee of the trainer and related travel expenses. LAO suggestion Other costs may include travel expenses to and from seminars for teachers. Other high costs include the adoption of new textbooks or instructional materials. Ch. 498/83 Graduation Requires districts to provide two science classes to pupils before their Defer 11,349 Deffer action - Add Requirements graduation from Grade 12. Previously, only one science class was required for language 10 graduation. This mandate is for the incremental cost associated with requiring require that State one additional science course as a prerequisite for graduation. Costs include or Local bond staffing, facilities, and equipment that are unique to science courses. money must be used to offset reimbursable state mandate. OaF to report back Special Com. on State Mandates 8 of 9 March 31, 2004 Proposition 98 Education Mandates ($OOOs) 2004-05 Gov Estimated ChNr Title Description Budget Annual Costs Com. Action Conforming to other Non Proposition 98 issues Ch. 783/95 et Investment This mandate requires LEAs to submit an annual statement of investment Suspend to 318 Conforming ai. Reports policy as well as quarterly report of investments. The greatest reimbursable conform to 2003 costs are related to compiling data to prepare quarterly investment reports for Budget Act submission to the district CEO, intemal auditor, and governing board and suspension of preparing annual investment policy for submission to the district goveming non-98 mandate board and county board of supervisors. Ch. 784/95 & County Treasury This mandate requires the establishment of a county treasury oversight Suspend to 57 Conforming 156/96 Oversight committee for any county that is investing surplus funds and allows for conform to 2003 Committees reimbursement of costs incurred by committee members, including county Budget Act superintendents of schools or designees, to prepare for and attend committee suspension of meetings. Education-related costs result if a county superintendent of schools non-98 mandate is reimbursed for time served on the oversight committee. Ch.126/93 Law Requires peace officers who are victims of sexual harassment in the workplace Repeal 20 Conforming Enforcement: to follow complaint guidelines developed by the Commission on Peace Officer Sexual Standards and Training, and requires peace officers who completed basic Harassment training before January 1, 1995 to attend supplementary training on sexual Training harassment in the workplace. Of the reimbursable activities associated with this mandate, the highest costs will result from saiaries and benefits of the trainees required to take the training class. Special Com. on State Mandates 9 of 9 March 31, 2004 Nick Szabo 10235 Creston Drive Cupertino, CA 95014 Ph.: (408) 733-5534 FAX: (408) 733-1294 internet: nickmarciaszabo(ã¡earthlink.net IteM -#= It..\ ~~ 51 3/Ol/. (:~.~t By Fax: (408) 777-3333 Re: Semi-rural Designation for Creston, Stonydale Drives & Rivercrest Court May 3, 2004 Ralph A Qualls, Director of Public Works 10300 Torre Avenue City of Cupertino, CA 95014 Dear Mr. Qualls: I regret that, due to the fact that your letter arrived only on Saturday, I will not be able to attend tonight's meeting on the above subject. I am a former Mayor, a former member of the Planning Commission and of the Public Safety Commission, and our family has lived on Creston Drive for the past 35 years. I am therefore very familiar with the sidewalk issue. I strongly support the designation ofthis area as being semi-rural. My reasons are the following: The area in question is small, consisting of 50 homes, at the end of Creston Drive, 90% of which is in County jurisdiction. Creston is the longest cul-de- sac in Santa Clara County, and our area has no vehicular access by any street in the City. Therefore, sidewalks would be only on a very short portion of Creston, which is approximately % miles in length. Because of the isolated nature of our area, without vehicular access except through Creston Drive, there is very little traffic in our area. Therefore, safety should not be an issue. If sidewalks are installed, I feel that the termination of the sidewalk at the city limits will suddenly force pedestrians into vehicular traffic. This transition would be more hazardous than the present condition. This area is virtually all built out. (There is only a single lot without a home on it.) Therefore, the City could require sidewalks only as each site is redeveloped. The residents of my area are unanimous in opposing the requirements for sidewalks. In the event that the Council is unable to agree to a semi-rural designation for our area, I request that this item be continued to the next meeting, so that I can attend in person. Sincerely, Ú¡,~ovW- Nicholas Szabo EXHIBITS END HERE