CC 01-22-02 AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Tuesday, January 22, 2002
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
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. Speake:~ are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/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.
1. Approval ofr, inutes: Jan~ 7 and 14.
2. Accounts Payable: January4 and January ll, Resolut~onNos. 02-011 and 02-012.
3. Payroll: January 18, Resolution No. 02-013.
4. Treasurer's Budget Report - November 2001.
5. Appoint Carol Atwood as City Treasurer and Carol Ferrell as Deputy Treasurer,
R~solution No. 02-014.
6. Authorize the City Manager to execute a Memorandum of Understanding (MOLl) relating
to the Silicon Valley Intelligent Transportation Systems (ITS) Program, Resolution No.
02-015.
7. Improvement agreement, Young Chang lCim and In Suk Klm, 22714 Alcalde Road, APN
342r~. 004 and 342-44-028, Resolution No. 02-016.
AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torte Avenue, City Hall Council Chamber
Tuesday, January 22, 2002
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of thc meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/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.
1. Approval of minutes: January 7 and 14.
2. Accounts Payable: January 4 and January ll, Resol~tionNos. 02-011 and 02-012.
3. Payroll: January 18, Resolution No. 02-013.
4. Treasurer's Budget Report - November 2001.
5. Appoint Carol Atwood as City Treasurer and Carol Ferrell as Deputy Treasurer,
Resolution No. 02-014.
6. Authorize the City Manager to execute a Memorandum of Understanding (MOL0 relating
to the Silicon Valley Intelligent Transportation Systems (ITS) Program, Resolution No.
02-015.
7. Improvement agreement, Young Chang Kim and In Suk Klm, 22714 Alcalde Road, APN
342 ~.~. 004 and 342-44028, Resolution No. 02-016.
January 22, 2002 Cupertino City Council & Page 2
Cupertino Redevelopment Agency
8. Accept improvements (maY include grading, street improvements on site and off-site
improven~ents): James Y0h, 10410 Imperial Avenue, APN 357-19-049; Eunhee Kim,
10363 San Femando Avenue, APN 357-12-003; Thinh H. Nguyen and Ruby T. Nguyen,
10325 Orange Avenue, APN 357-15-060. (No documentation required).
9. Accept city projects performed under contract: Bollinger Road Flood Wall, Project bio.
(William P. Young Construction); Slurry Seal, Project 2001-03 (Graham
Contractors, Inc.). (No documentation required.).
10. Set auction date of Surplus Property - 3 lots in Oak-Valley: 34258011; 34259013;
34259002, Resolution No. 02-017.
11. Fee waiver request from the Iranian Federated Women's Club and Payvand Cultural
School in the approximate amount of $1,400.00 for their Fourth Annual Funclraising
Gala.
12. Fee waiver request from the Chamber of Commerce and Cupertino Rotary Club for a
waiver of use fees in the amount of $137.50 at the Quinlan Community Center for the
annual State of the City address.
13. Approve transfers totaling $71,054.82 in Community Development Block Grant (CDBG)
funds from various accounts to Cupertino Community Services' Vista Drive development
account, Resolution No 02-018.
14. Adopt the Citizen Participation Plan Schedule for the Twenty-Eighth Program Year
(2002-2003) of the Community Development Block Grant (CDBG) Program, Resolution
No. 02-019.
15. Approve the Community Development Block Grant (CDBG) agreement between the
County of Santa Clara and the City of Cupertino for fiscal year 2001/02 and authorization
for the City Manager to execute the agreement, Resolution No 02-020.
16. Cupertino Citizens for Affordable Housing et al. All Persons Interested in the
Redevelopment Plan for the Cupertino Vallco Redevelopment Project, et' al., Case No.
CV 793260.
17. Resolution in opposing California Assembly Bill 680 (AB 680), Resolution No. 02-021.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
18. Consider renewal of bingo pv~s~fit for St. Joseph of Cupertino Church.
PLANNING APPLICATIONS
January 22, 2002 Cupmino City Council & Page 3
Cupertino Redevdopment Agency
UNFINISHED BUSINESS
NEW BUSINESS
19. Authorize amendments to the Heart of the City Specific Plan to implement the
Crossroads Downtown Village concept, Application No. SP-2002-01 (EA-2002-01).
20. Select application deadline of February 22 and interview date of March 4 for filling the
Financial Representative position on the Cupertino Housing Conunittee.
ORDINANCES
21. Second reading of Ordinance No. 1891: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 19.08, Definitions and Chapter 19.80 Accessory
Structures/Buildings of the Cupertino Municipal Code Concerning Definitions and
Related to Accessory Buildings/Structures and Second Dwelling Units in Single-Family
Zones."
STAFF REPORTS
COUNCIL REPORTS
Mayor Richard Lowenthal:
Animal Control Joint Powers Authority (until rotated to Los Gatos)
Economic Development Committee
North Central Flood Alternate
Northwest Flood Alternate
Public Dialog Consortium
Santa Clara County Cities Association
Santa Clara County Cities Legislative Alternate
Santa Clara County Library Joint Powers Authority
Toyokawa Sister City Alternate
Valley Transportation Authority Political Action Committee Alternate
West Valley Mayors and Managers
Vice-Mayor Michael Chang:
Audit Committee
Leadership Cupertino
Legislative Review Committee
Library Steering Committee
Public Dialog Liaison
Santa Clara County Housing and
Community Development Block Grant (CDBG) Alternate
Santa Clara County Library/PA Alternate
West Valley Mayors and Managers Alternate
January 22, 2002 Cupertino City Council & Page
Cupertino Redevelopment Agency
Couneilmember Sandra James:
Association of Bay Area Governments
Economic Development Committee
Environmental Review Committee Alternate
Library Steering Committee
Skate Park Committee
Santa Clara County Emergency Preparedness
Santa Clara Valley Water Alternate
Councilmember Patrick Kwok:
Leadership Cupertino
Library Steering Committee Alternate
North Central Flood Zone
Northwest Flood Zone
Santa Clara Valley Water
Santa Clara County Cities Alternate
Santa Clara County Recycling
Skate Park Alternate
Toyokawa Sister City
Councilmember Dolly Sandoval:
Association of Bay Area Governments (ABA) Alternate
Audit Committee
Environmental Review Committee
Legislative Review Committee
Santa Clara County Cities Legislative Review
Santa Clara County Emergency Preparedness Alternate
Santa Clara County Housing and
Community Development Block Grant (CDBG)
Santa Clara County Recycling Alt~ssate
Valley Transportation Authority Political Action Committee
JOINT CLOSED SESSION OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY
(a) Pending litigation - Gov~rm'nent Code Section 54956.9(a) regarding Cupertino Citizens
for Affordable Housing et al. All Persons Interested in the Redevelopment Plan for the
Cupertino Vallco Redevelopment Project, ~t al., Case No. CV 793260.
ADJOURNMENT
Adjourn to a Sports Center Programming study session from 9:00 a.m. until 2:00 p.m. on
January 25 at Blackberry Farm.
January 22, 2002 Cup~r~o Civy Couacil &
Cuper~o Redevelopment Agency
REDE~LOPM~NT AGENCY MI~ETIN~
ROLL CALL
APPROVAL OF MINUTES
A. Minutes of the July 17, 2000, Redevelopment Agency meeting.
CONSENT
B. Cupertino Citizens for Affordable Housing et al. All Persons Interested in the
Redevelopment Plan for the Cupertino Vallco Redevelopment Project, et al., Case No.
CV 793260.
ADJOURNMENT
CU
PER,TINO oe.,urr MIm rES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday .l'~,,~ry 7, 2002
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300
Tone Avenue, Cupertino, California, and led the Pledge of Allc§iance.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra Samos, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Adminislrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith,
-- Public Works Director Ralph Quails, Senior Planner Aarti Shrivastava, Code Enforcement Office
Gary Komahrens, City Attorney Charles Kilian, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COM1VIUNICATIONS - None
ORAL COMMUNICATIONS
David Erck, 10728 Maxine Avenue, presented a written argument against road bumps to be
placed on Maxine Avenue and asked Council for action at a later date.
CONSENT CALENDAR
James/Kwok moved to approve items 1-$ on the Consent Calendar as recommended.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
1. Approval of minutes: December 3, 4, and 17.
_ 2. Accounts Payable: December 14, 21, and 28, Resolution Nos. 02-001 through 02-003.
3. Payroll: December 21 and January 4, Resolution Nos. 02-004 and 02-005.
January 7, 2002 Cupertino City Council Page 2
4. Extend the participation o.f the City of Cupertino in the Santa Clara County Abandoned
Vehicle Abatement Service Authority (AVASA), Resolution No. 02-006.
5. Acceptance of improvements (may include grading, street improvements on site and off-
site improvements): Thinh H. and Ruby T. Nguyen, 10325 Orange Avenue, APN 357-
15-060.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
The following items were pulled from the Consent Calendar for brief discussion, then voted upon
individually:
6. Reallocation of Senior Civil Engineer to Assistant Public Works Director
(a) Approval of Assistant Public Works Director position
Co) Resolution No. 02-007: Amending Resolution No. 00-185, Policy No. 4 to add auto
allowance to new classification of Assistant Public Works Director
James/Chang moved to approve the change and adopt Resolution 02-007.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
7. Award of a contract to Republic ElecUic in the amount of $89,350 and an approximate
contingency amount not to exceed $10,000 for signal modifications at Blaney and
Stevens Creek.
Kwok/Chang moved to award the contract in the amount recommended by staff.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
8. Accept gift from Apple Computer and authorize the Mayor to send a thank you letter.
James/Sandoval moved to accept the gift and authorize the letter.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
PUBLIC HEARINGS
9. Appeal of Planning Commission denial of Application 09~U-01, regarding a use permit
requesting the continued use of a shopping center parking lot for car storage at 10071 S.
Blaney Avenue (APN 369-03-014). The applicant Gary Schrnidt filed the appeal.
(Continued from December 3).
Council member Kwok abstained from participation because he was a member of the
Planning Commission when this request was considered.
January 7, 2002 Cupertino City Council Page 3
Applicant Gary Schmidt, 9000 Montrose Highway, Reno, Nevada, provided a handout
that included the following:
· Application forms from 1999 and 1997 requesting an extension of the use
· Planning Commission Res. 6064 from Nov. 27, 2000, approving a one-year extension
for automobile storage;
· An excerpt of the Planning Commission minutes of Nov. 27, 2000;
· Planning Commission Res. 5064 from Aug. 9, 1999, approving a temporary use for
automobile storage
· an excerpt of the minutes of the Planning Commission of Aug. 9, 1999
· an elevation titled Plaza de Cupertino, showing a building at Stevens Creek and South
Blaney Avenue.
James/Chang moved to deny the appeal and uphold the decision of the Planning
Commission not to extend the use permit for car storage.
Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Abstained: Kwok.
10. Public nuisance abatement: Public hearing to consider abating a public nuisance (vacant
lot containing an accumulation of trash and debris) at 10200 Stern Avenue (APN 375 12
· _. 002, Patrick W. McGrath property owner), Resolution 02-008.
Renec Phillip, 10190 Stem Avenue, said she lived next door to thc property in question.
Shc reported continuing problems with refuse, weeds, sanitation, and loitering. She
provided a letter dated August 31, 2000 from Earl's Pest Control stating that an
infestation of Springtails had spread fi'om the undeveloped property next door.
Sandoval/Chang moved to (1) Adopt Res. 02-008 ordering the abatement of a public
nuisance at 10200 Stem Avenue, and requiring the property owner to continue to
maintain the property in such a way as to avoid a recurring public nuisance; and (2)
Adopt a minute order that if this matter should return to thc City Council because the City
incurs costs for abatement, the City Clerk shall place a closed session on the agenda so
that Council may consider a permanent injunction.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
11. Request for a Municipal Code amendment to define what constitutes a second living unit,
application No. 01-MCA-01. This project was initiated by thc City of Cupertino and is
citywide. The project is categorically exempt and is recommended for approval.
First reading of Ordinance No. 1891: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 19.08, Definitions and Chapter 19.80 Accessory
Structures/Buildings of thc Cupertino Municipal Code Concerning Definitions and
Related to Accessory Buildings/Structures and Second Dwelling Units in Single-Family
Zones."
January 7, 2002 Cupertino City Council Page 4
George Monk, 19985 Price Avenue, discussed his plans to convert a pump house into a
living space. He asked that Council delay these changes or be open to additional
amendments when the modifications are made to the Second Dwelling Unit ordinance
James/Chang moved the following.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
(1) Approve amendments to Chapter 19.08, Definitions, and Chapter 19.80 Accessory
Buildings/Structures based on the model ordinance in the staffreport;
(2) Authorize staff to make modifications, within the next six months, to the Second
Dwelling Unit Ordinance to encourage the building of second units as
recommended in the Housing Element and the Planning Commission minute
order dated December 10, 2001; and
(3) Read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
12. Preparation of action minutes for all televised meetings.
Council members suggested that the minutes include instructions about how to view the
meetings on line (Webcast) or on video, and also asked that their computers be upgraded,
if necessary, so they will have access to the Webcast.
Kwok/Sandoval moved that the City Clerk prepare action minutes for all City Council
televised meetings.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
13. Appointment of one council member to serve on a Policy Advisory Board (PAB) for the
Comprehensive County Expressways Planning Study.
Council concurred to appoint Sandra James as the lead representative and Richard
Lowenthal as the alternate.
14. Designating preferential parking on Tula Court, 8 a.m. - 12 p.m. first Saturday of each
month, Resolution No. 02-009.
Smart Colvin, 20860 Tula Court, spoke in favor of preferential parking on Tula Court
during lime of the monthly flea market.
January 7, 2002 Cupertino City Council Page 5
--' Chang/James moved the following.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
(1) . Adopt Resolution No. 02-009
(2) Direct staff to place a large, temporary sign at the entrance to the neighborhood
alerting fica market shoppers about thc new permit parking and stating where
parking is available
(3) Direct staff to add ~maller, pe,,,anent signs at Fairwoods and Peppertree if staff
determines they are necessary.
15. Designating preferential parking on Clearcreek Court, 6 p.m. - 2 a.m. Friday through
Sunday, Resolution No. 02-010.
Tom Maiello, 10090 Phar Lap, said he represented the Oakdell Ranch Homeowners
Association. He spoke in favor of the preferential parking on Clearereek Court because
of impacts from the Blue Pheasant Restaurant.
Kwok/Chang moved to adopt Resolution No. 02-010.
Vote: Ayes: Chang, James, Kwok, Lowenthai, Sandoval. Noes: None.
16. Consider adding a second meeting on Tuesday, January 15 to conduct interviews for
- boards and commissions.
Council concurred to allow 8 minutes to interview each applicant who had requested
appointment to two commissions; to allow 5 minutes for all other interviews; and to start
the meeting at 4:30 if necessary to conduct all interviews in a single evening.
Council noted that one of the commission applicants currently holds another office, and
there may be other applicants in the same situation. They asked the City Attorney to
review the list of applicants to be interviewed on Monday night and prepare an opinion as
to whether appoinhnent to a commission would be deeaied an incompatible office with
any other position those applicants may hold.
ORDINANCES - None
STAFF REPORTS
17. Revenue and expenditure status report.
Council received the oral report from Administrative Services Director Carol Atwood.
January 7, 2002 Cupertino City Council Page 6
18. Falun Gong report.
The report recommended that Council decline to adopt resolutions or proclamations that
are not of specific importance or impact to the residents, city or community of Cupertino.
Council received the report.
COUNCIL REPORTS
CLOSED SESSION - None
ADJOURNMENT
At 9:35 p.m. the meeting was adjourned to a study session Monday, Jan. 14 at 4:30 p.m.,
Conference Room C/D, for interviews of applicants for city commissions and committees.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.eupertino.or~. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
CITY OF
CUPE INO oRArr MI TES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
January 14, 2002
CALL TO ORDER
At 5:35 p.m. Mayor Lowenthal called the meeting to order in Conference Room C/D of City
Hall, 10300 Tone Avenue, Cupertino.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith,
Public Works Director Ralph Quails, Senior Planner Vera Gil, City Attorney Charles Kilian, and
City Clerk Kimberly Smith.
ORAL COMMUNICATIONS - None
BOARDS AND COMMISSION INTERVIEWS
Council interviewed the following individuals for one vacancy on the Planning Commission:
David Eggleston, Taghi Saadati, Leslie Schreiber, William Nance, Robert Levy, Martin
Belles, Shishir Mukherjee, Ahmad Yazdi, Ernest Tsui, Lisa Giefer, and David Riopel
(videotaped).
Taghi Saadati was appointed to fill an unscheduled vacancy, which ends in January 2003.
Council interviewed the following individuals for two positions on the Public Safety
Commission:
Hugh Riddell, Mahesh Nihalani, and Barry Chang.
Hugh Riddell and Barry Chang were each appointed to full terms ending January 2006.
Council interviewed the following individuals for one position on the Telecommunications
Commission:
January 14, 2002 Cupertino City Council Page 2
L.T. Guttadauro (incumbqnt), Ahmad Yazdi, and Steven Ting.
L.T. Guttadanro was reappointed for a second full term ending January 2006.
Council interviewed the following individuals for three positions on the Fine Arts Commission:
Rita Young (incumbent), Hema Kundargi (incumbent), Barbara Phelps (incumbent), and
Rita Young and Hema Kundargi were each mm-appointed for a second full term ending
January 2006. Barbara Phelps was reappointed to her first full term ending January 2006.
During the interview for Fine Arts Commission it was realized that Ragini Murarka had also
requested that she be considered for appointment to the Telecommunications Commission.
Mayor Lowenthal asked the Council if they wished to vote again, but it was agreed that all were
in fav°r of reappointing incumbent L.T. Guttadauro.
Council interviewed the following individuals for one position on the Parks and Recreation
Commission:
Frank Jelinch (incumbent), Darwin Throne, James Hell, Andrew Chung, and Lisa Geifer
Frank Jelinch was reappointed to a second full term ending January 2006.
ADJOURNMENT
At 9:05 p.m. the meeting was adjourned to a Council training and goal setting study session on
January 18 at 9:00 a.m. at Blackberry Farm, 21975 San Fernando Avenue, Cupertino.
Kimberly Smith, City Clerk
For more info,siation: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.cui~ertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
RESOLUTION NO. o2-Oll
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
JANUARY 04, 2002
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:
Direc or o A ministrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of January ,2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
01/03/02 CITY OF CUPERTINO PAGE 1
ACCOUNTING PERIOD: 7/02 CHECK REGISTER - DISBL~FJ4ENT FUND
SEI~CTIG~ CRITERIA: transact.trans_date between "12/31/2001" and "01/04/2002"
!~ - 110 - GENERAL F~
CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 590173 01/04/02 18 ADONA OIL CORPORATION 2109612 CLEAN 1780 STOPJ4 DRAIN 0.00 20150.00
1020 590174 01/04/02 29 LY~ DIANE AITKEN ' 5706450 SERVICE AGREEMENT FOR 0.00 210.0
1020 590175 01/04/02 2319 ~ CITTMANAGEME~T SERV 1108201 P~LIC WORKS COIT~ACT 0.00 7487.40
1020 590176 ' 01/04/02 2330 ~RZCJ~N INDUSTRIAL SUPP 1108314 ' PARTS/SUPPLIES #15407 0.00 217.09
1020 590176 01/04/02 3330 AMERICAN INDUSTRIAL SUPP 1108502 FARTS/SUPPLIES #15407 0.00 180.91
1020 590176 01/04/02 2330 A~4~RICAN INDUSTRIAL SUPP 1108314 PARTS/SUPPLiES #15407 0.00 144.73
1020 590176 01/04/02 2330 $~4ERICAN INDUSTRIAL SU'PP 1108501 FARTS/SUPPLIES #15407 0.00 180.91
TOTAL CHECK 0.00 723.64
1020 590177 01/04/02 2570 A~4ST~AM 5706450 SUPPLIES #16789 0.00 123.12
1020 590178 01/04/02 2504 ANNE-LORRAINE BAHI 5706450 SERVICE AGREEMENT FOR 0.00 210.00
1020 590179 01/04/02 104 BRACKEN LIFE INSUR~CH 6204550 ANNUAL PREMII~4 EX W.CO 0.00 21366.00
1020 590180 01/04/02 106 BRIDGE WIRELESS/RADIO CO 1108501 REPAIRS #15068 0.00 102.90
1020 590181 01/04/02 2232 C~IAGA, LOURDES 110 SSG$~/~S~T 0.00 103.84
1020 590181 01/04/02 2232 CARIAGA, LOURDES 110 CSG~S~T 0.00 306.50
TOTAL CHECK 0.00 .34
1020 590182 01/04/02 146 C~H 1100000 OVERAGE PA-l-r~ C~H 0.00 -6.14
1020 590182 01/04/02 146 CASH 1106547 Pb~A-&'f C~H 12/05-12/20 0.00 53.73
1020 590182 01/04/02 146 C~H 1106343 P~l-i-f CASH 12/05-12/20 0.00 10.36
1020 590182 01/04/02 146 CASH 5806349 Pm'l&-f C. ASR 12/05-12/20 0.00 200.60
TOTAL CHECK 0.00 258.55
1020 590183 01/04/02 149 C~H 1104510 PET~ CASH 12/19-12/27 0.00 9.26
1020 590183 01/04/02 149 C~H 5708510 PET~ C~R 12/19-12/27 0.00 61.95
TOTAL CRSCK 0.00 71.21
1020 590184 01/04/02 1057 CERIDIAN BENEFITS SSRVIC 110 *FLEX DSP/240125 0.00 165.40
1020 590184 01/04/02 1057 CERIDIAM BENEFITS SERVIC 110 *FLEX NLTE/240125 0.00 426.94
~AL CHECK 0.00 592.34
1020 590188 01/04/02 1156 CHA 110 C~ 0.00 232.00
1020 590186 01/04/02 2425 MARSHALL CEIl,DS 5706450 SERVICE AGREEMENT FOR 0,00 150.00
1020 590187 01/04/02 173 COCA-COLA BOTTLING OF CA 5706450 FY 200i-2002 OPEN PURC 0.00 304,88
L020 590187 01/04/02 173 COCA-COLA BOTTLING OF CA 5706450 FY 2001-2002 OPEN PURC 0.00 287.78
L020 590187 01/04/02 173 COCA-COLASOTTLING OF CA 5706450 FY 2001-2002 OPEN PURC 0.O0 429.36
~020 590187 01/04/02 173 COCA-CULABO'I~LING OF CA 5706450 FY 2001-2002 OPEN PURC 0.00 320.44
~0TAL CHECK 0.00 1342.46
L020 590188 01/04/02 2571 COMPUTER OUTFITTERS 5706450 SUPPLIES #16788 0.00 261.00
L020 590189 01/04/02 916 COMPUTER XTRAS XPRESS 6104800 TONER 12/17/01 0.00 84
R~ ~ 01/03/02 TI~ 11:07:29 o FIN~CI~ ACCOIAV~ING
01/03/02 ~ITY OF C"~'~R?INO PAGE 2
~ ~CK o. oo 5~
1020 5~0204 01/04/02 ~0 FED~ ~E~S ~RP 1~08~04 ~ER SERVI~ 0.00
1020 5~0205 0~/04/02 227~ ~I~ ~I~ ~ 2708404 F~IGHT, SHIPPI~ ~ 0.00 2~
1020 590205 01/04/02 227~ FLI~ ~I~ ~P~ 2708404 SUPPLIES ~5055 0.00 3~
~020 5~0205 0~/04/02 2271 FLI~ ~I~ ~P~ 2708404 ~ ~6436 0.00 20~
1020 5~0207 0~/04/02 298 G~I~ INC ~108408 P~TS/~PPLIES ~5061 0.00 2~
L020 S90207 01/04/02 29~ ~I~ER INC 2~08405 ~PLIES ~15058 0.00 43
1020 590207 01/04/02 298 ~I~ INC 1108408 P~TS/S~I~ ~15061 0.00 lg
1020 590207 01/04/02 298 G~I~ INC 1107504 SUPPLZ~ ~15058 0.00 5
RU~ DATE 01/03/02 TII~ 11:0'7:30 - FINANC*~A.T., ACCOtqTI'TI'~G
01/03/02 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD: 7/02 CHECK REOISTER - DISBURS~4ENT FUND
SELECTION CRITERIA: ~ransact.trans_date between "12/31/2001~ and "01/04/2002'
F~ - 110 - G~NERAL FUND
C~H ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX ~40UNT
1020 590209 01/04/02 2522 LYNN HELLER 5506549 SERVICE AGREEMENT FOR 0.00 240.0r
1020 590210 01/04/02 343 ICMA RETIREMENT TRUST-45 110 *ICMA 0.00 5772.1~
1020 590211 01/04/02 M~2002 ITO, KARI 1100000 ACH RETURN PD 12/21/01 0.00 110.55
1020 590212 01/04/02 2231 DAVE KNAPP 1101200 EXPENSES 12/18-12/19 0.00 26.00
1020 590213 01/04/02 2503 C~TIS KONNO 5706450 SERVIC~ AGREEMENT FOR 0.00 240.00
1020 590214 01/04/02 382 KWIK-KOPY PRINTING 5506549 JA]~ 2002 ITEWSLETTER 0.00 648.00
1020 590215 01/04/02 M LINNEY, JULIE 580 Refund= Check - FALL. 0.00 45.00
1020 590216 01/04/02 1378 RICARDO MARTINEE 9706450 FY 2001-2002 OPEN PURC 0.00 155.00
1020 590216 01/04/02 1378 RICARDO MARTINEZ 5706450 FY 2001-2002 OPEN PURC 0.00 142.00
~TAL CHECK 0.00 297.80
1020 590217 01/04/02 444 MINTON~S LUMEER 5708510 SUPPLIES #24086 0.00 18.84
1020 590217 01/04/02 444 MINTON'S LUM~ER 5708510 SUPPLIES #24082 0.00 13.47
TOTAL CHECK 0.00 32.31
1020 590218 01/04/02 447 M~ESION UNIFOEM SERVICE 1108201 FY 2001-2002 OPEN PURC 0.00 ..00
1020 590218 01/04/02 447 MISSION UNIFORM SERVICE 1108201 FY 2001-2002 OPEN PURC 0.00 81.00
1020 590218 01/04/02 447 MISSION UNIFORM SERVICE 1108201 FY 2001-2002 OPEN PURC 0.00 81.00
1020 590218 01/04/02 447 MISSION UNIFORM SERVICE 1108201 FY 2001-2002 OPEN PUNC 0.00 81.00
TOTAL CHECK 0.00 ]24.00
1020 590219 01/04/02 M2002 MR. MONCTOH 1100000 CK584971 ~OST IN MAIL 0.00 51.25
1020 590220 01/04/02 941 M~ZAK 1103500 MUSIC JAN/JUNE 2002 0.00 345.96
1020 590221 01/04/02 M NAGUIE, DALIA 580 Refund: Check - Rental 0.00 100.00
1020 590222 01/04/02 302 NATIONAL DEFERRED CO~FEN 110 *NAT'L DEF D.OO 29471.08
1020 590223 01/04/02 2569 NETWORK SOLUTIONS, INC. 6104800 RNWL SEF.ORG DOMAIN 0.00 70.00
~020 590224 01/04/02 965 NORTH COAST MEDICAL 1107302 SUPPLIES 0.00 231.90
~020 590224 01/04/02 965 NORTH COAST MEDICAL 1108601 SUPPLIES 0.00 72.79
~OTAL CHECK 0.00 304.77
t020 590225 01/04/02 490 NSTC:NEW SPRAYER TECHNOL 1108407 PARTS/SUPPLIES #15032 0.00 404.27
t020 590227 01/04/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 49.08
£020 590227 01/04/02 493 OFFICE DEPOT 5806249 SUPPLIES 0.00 633.59
L030 590227 01/04/02 493 OFFICE DEPOT 9806249 SUPPLIES 0.00 -96.5]
L020 690227 01/04/02 493 OFFICE DEPOT 9706450 SUPPLIES 0.00 293.83
L020 S90227 01/04/02 493 OFFICE DEPOT 1107S03 RETURNS 0.00
~020 590227 01/04/02 493 OFFICE DEPOT 5806249 SUPPLIES 0.00 31
RUN DATE 01/03/02 TI~ 11:07:30 - FIN~CI~ AC~ING
Ol/O]/O~ C~/ O~ CTo~ERTINO PAGE 4
ACCOLq~TING PERIOD: 7/02 CHECK REGISTER - DISBORS~4ENT FUND
~-hECTION CRITERIA: transac=.~rans_date between '12/31/2001' and '01/04/2002'
CASH ACCT CHECK NO ISSUH DT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... S~?.~ TAX A
1020 590227 01/04/02 493 OFFICE DEPOT 1104000 SUPPLIES O.00 1
1020 590227 01/04/02 493 OFFICE DEPOT 1104400 SUPPLIES 0.00 1
1020 590227 01/04/02 493 OFFIC~ DEPOT 1107503 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 5808349 SUPPLIES 0.00 1
1020 890227 01/04/02 493 OFFICE DEPOT 1107301 SUPPLIES 0.00 1
1020 590227 01/04/02 493 OFFICE DEPOT 1108312 SUPPLIES #15008 0.00
1020 690227 01/04/02 493 OPFICE DEPOT 1108601 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 2
1020 590227 01/04/02 493 OFFICE DEPOT 5200003 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 5806249 SUPPLIES 0.00 8
1020 590227 01/04/02 493 OFFICE DEPOT 1104400 CABINET 0.00 1
1020 59022? 01/04/02 493 OFFICE DEPOT 5706450 RETURNS 0.00 -4
1020 590227 01/04/02 493 OFFICE DEPOT 5706450 SUPPLIES 0.00 4
1020 590227 01/04/02 493 OFFICE DEPOT 5706450 RETURNS 0.00 -2
1020 590227 01/04/02 493 OFFICE DEPOT 5706450 SUPPLIES 0.00 2
1020 590227 01/04/02 493 OFFICE DEPOT 1104100 CABINET 0.00 3
1020 590227 ' 01/04/02 493 OFFICE DEPOT 2204010 CABINET 0.00 1
1020 590227 01/04/02 493 OFFICE DEPOT 1101000 CABINET 0.00 3
1020 590227 01/04/02 493 OFFICE DEPOT 5806249 SUPPLIES 0.00 1
1020 590227 01/04/02 493 OFFICE DEPOT 1107503 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 1107503 SUPPLIES 0.00 1
'--' 20 590227 01/04/02 493 OFFICE DEPOT 5806349 SUPPLIES 0.00 1
20 590227 01/04/02 493 OFFICE DEPOT 1108407 SUPPLIES 815008 0.00 2
1020 590227 01/04/02 493 OFFICE DEPOT 1104100 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 1104000 SUPPLIES 0.00 1
1020 590227 01/04/02 493 OFFICE DEPOT 5806349 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 1108601 SUPPLIES 0.00
1020 590227 01/04/02 493 OFFICE DEPOT 5208003 SUPPLIES 0.00
TOTAL CHECK 0.00 48
1020 590228 01/04/02 501 OPERATING ENGINEERS #3 110 U~ION DUES 0.00 5
1020 590229 01/04/02 833 P E R S 110 pEPS ~4PLY 0.00 238
1020 590229 01/04/02 833 P E R S 110 PEPS BUYBK 0.00
1020 590229 01/04/02 833 P E R S 110 *PEPS BYBK 0.00 2
1020 590229 01/04/02 833 P E R S 110 pERS EMPLy 0.00 2
1020 590229 01/04/02 833 P E R S 110 PERS SPEC 0.00 1
1020 590229 01/04/02 833 P E R S 110 FERS 1959 0.00 1
1020 590229 01/04/02 833 P E R S 110 *PERS BYBK 0.00 1
TOTAL CHECK 0.00 247
1020 590230 01/04/02 511 PACIFIC BELL 110850~ 12/16-1/15/02 0.00
1020 590230 01/04/02 51~ PACIFIC BEll., 6104800 12/20-1/19/02 0.00
TOTAL CHECK 0.00 1
1020 590231 01/04/02 513 PACIFIC GAS & ELECTRIC ( 1108407 7/2-10/30/01 0.00
1020 590231 01/04/02 513 PACIFIC GAS & ELECTRIC ( 1108602 6/01-10/30/01 0.00 1
TOTAL CHECK 0.00 2
lO 590232 01/04/02 526 PESZNSULA DIGITAL IMAGZN 1108101 PbAN COPIES/LIBRARY 0.00
RUN DATE 01/03/02 TIME 11:07:31 - FXNANCXAL ACCOUNTING
)1/03/02 CITY OF CUPERTINO PAGE 5
%CCOUNTINO PERIOD: 7/02 CHECK REGISTER - DISBURSEMENT FUND
~BLBCTION CRITERIA: transact.trans_date between "12/31/2001' and "01/04/2002"
Fb-~D - 110 - GENERAL FUND
:ASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FU~D/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
[020 590233 01/04/02 833 PEPS LONG TERM CARE PROG 110 PERS LTC/#2405 0.00 262.1e
L020 590234 01/04/02 541 ROBIN PICERL 5706450 SERVICE AGREEMENT FOR 0~00 1080.00
L020 590235 01/04/02 1929 PLANNING RESOO~CE A~SOCI 1108601 GENEPa~L PLAN R~VI~W AN 0.00 1920.00
L020 590235 01/04/02 1929 P~d~INING RESOUECE AGSOCI 1107302 GENER~ PL~ RBVIER AN 0.00 8701.35
E~)TAL CHECK 0.00 10621.35
L020 590236 01/04/02 2278 QU~J~LE, R~PH 1108001 L/CA CITIES 12/18-20 0.00 376.48
L020 590237 01/04/02 606 JOYCE RUSSUM 5706450 SERVICE AGREEMENT FOE 0.00 240.00
[020 590238 01/04/02 2506 DORIS SALGADO 5706450 SERVICE AGEEE/~T FOR 0.00 300.00
[020 E90239 01/04/02 2170 SAN JOSE GENERATOR 6308840 REPAIRS #15072 0.00 91.80
[020 590240 01/04/02 1722 SELF-INSURANCE PLANS 6204550 LIC FEE ASS~ FY01/02 0.00 384.71
[020 590241 01/04/02 651 SIERRA PACIFIC TURF SUPP 5606640 SUPPLIES #15715 0.00 314.26
[020 590242 01/04/02 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORK~ CON--CT 0.00 6.38
[020 590242 01/04/02 2415 SIMON ~TIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 01
~020 590242 01/04/02 2415 SIMON 9U~RTIN-VEGU~ WIN)CE 4239222 PUBLIC WOEKS CONTRACT 0.00 .
~OT~Ja CHECK 0.00 1484.02
[020 590243 01/04/02 2568 SOUND WIZARDS 5506549 SWING DANC~ 12/19/01 0.00 300.00
[020 590244 01/04/02 677 STATE STREET BA~K & TRUS 110 *PEES DEF 0.00 2460.96
[020 590245 01/04/02 695 SYSCO FOOD SERVICES OF S 4249210 SUPPLIES 0.00 312.71
[020 590266 01/04/02 701 TAXGET STORES 1106265 SUPPLIPS #23334 0.00 13.48
[020 590246 01/04/02 701 TARGET STORES 5806349 SUPPLIES #23205 0.00 38.91
EOTAL C~CK 0.00 82.38
[020 990247 01/04/02 2532 T~C~NIC~ ANALYSIS, INC. 1107502 BUBB ROAD 0.00 414.37
[020 590247 01/04/02 2532 T~C~ICAL ANALYSIS, IRC. 1107502 MCCLEL~d~N ROAD 0.00 46.69
~OTAL CHECK 0.00 461.08
[020 590248 01/04/02 1993 TREASURER OF ~J~DA COU 110 A LOPEZ JR 566398126 0.00 181.54
[020 E90249 01/04/02 727 U S POB~4~TER 1103400 IMPRINT AGV/CUP.SCENE 0.00 ?594.50
[020 590250 01/04/02 1154 UNITED WAy OF SANTA CIdeR 110 UNITED WAY 0.00 108.00
[020 990251 01/04/02 746 VIKING OFFICE PRODUCTS 1108201 SUPPLIES #15065 0.00 158.23
[020 590281 01/04/02 746 VIKING OFFICE PRODUCTS 5506549 SUPPLIES #16022 0.00 299.31
L020 590252 01/04/02 765 DR CHI-HSUI D NENG 5708450 SERVICE AGREEMENT FOR 0.00 00
RUN DATE 01/03/02 TIME 11:07:32 - FINANCIAL ACCOUNTING
01/03/02 CTTY OF CUPERTINO PAGE
HC~OU~TZNG PERZOD: 7/02 CHECK REGISTER - DISBURSEMENT FUND
'~--'~EcrToN CRITERZH: transac*-.trans_dat:e b~t:wemn m12/31/2001, and
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FU~D/DEPT ..... DESCRIPTION ...... SALES TAX
1020 590253 01/04/02 1939 WINZI~R & KELLy CONSULTZ 2709443 PUBLIC WORKS CONTRACT 0.00 96
1020 $90254 01/04/02 951 WOOLWORTH NURSERY 1108303 SUPPLIES 824424 0.00
1020 590254 01/04/02 951 WOO~.WORTH NURSERY 1108303 SUPPLIES #24416 0.00
TOTAL CHECK 0.00 1
TOTAL CASH ACCOUNT 0.00 2279
TOTAL FU~qD 0.00 2279
TOTAL REPORT 0.00 2279
R~,~ DATE 01/03/02 TIME 11:07:32 - FINANCIAL ACCOUNTING
RESOLUTION NO. 02-012
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
JANUARY 11, 2002
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:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of January ,2002, by the following vote:
Vote Member~ of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
01/11/02 C~'I"Z OF CUPERTINO PAGE
ACCO~ING PERIOD= 7/02 CHECK REGISTER - DISNURSEI~NT FOND
FUND - 110 * GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX
1020 590243 V 01/04/02 2568 JOI~SON, MIKE 5506549 SWING DANCE 12/19/01 0.00 -3
1020 ' 590255 01/09/02 1532 ALOTTA'S DELICATESSEN 1101000 FOOD SERVICE 11/18/01 0.00 12:
1020 590256 01/11/02 1695 3M 2708405 50 YARDS WHITE 3390 0.00 23'
1020 590257 01/11/02 2573 4IMPNINTo INC. 1101201 NEWCOMERS MAGNETS ' 0.00 6
1020 590258 01/11/02 1998 A-1 SEPTIC TANK SERVICE 5606660 SERVICE GREASE TRAP 0.00 12~
1020 590259 01/11/02 7 AB~ PLAN CORPORATION 6204550 JAN2002 W.COMP ADM FEE 0.00 16!
1020 590260 01/11/02 13 A~ & SONS SANITATION C 5606640 FY 2001-2002 OPEN PURC 0.00
1020 590262 01/11/02 2276 AI,HAJ~RA 1104510 EMPLOYEE WATER 0.00
1020 590262 01/11/02 2276 AL~RA 1104510 ET4PLOYEE WATER 0.00 2:
TOTAL CHECK 0.00 2'
1020 590263 01/11/02 36 ~T.L~N'S PRESS CLIPPING 1103300 NOV/DEC PRESS CLIPPING 0.00
,'"~]0 590264 01/11/02 888 ALOHA POOL MAI~'~-~I~AHCE I 5708510 DEC2001 HAINTENANCE 0.00
· U20 590265 01/11/02 2071 AMAZON.CUM 1107301 #102-6039660-1096920 0.00
1020 590266 01/11/02 57 AR~K 1104510 COFFEE SERV CITY H~ 0.00
1020 590267 01/11/02 2298 ARCH WIRELSSS 6104800 DEC CHARGES 0.00
1020 590267 01/11/02 2298 ARCH WIRELESS 1106265 DEC CHARGES 0.00
1020 590267 01/11/02 2298 ANCE WIRELESS 1106400 DEC CHARGES 0.00
1020 590267 01/11/02 2298 ARCH WIRELESS 1107501 DEC CHARGES 0.00
1020 590267 01/11/02 2298 ARCH WIRELESS 1108501 DEC CHARGES 0.00
TOTAL CHECK 0.00
1020 590268 01/11/02 2501 AT&T BROADBAND 1106500 1/01-1/31/02 0.00
1020 590268 01/11/02 2501 AT&T BROADBAND 1103300 1/01-1/31/02 0.00
TOTAl, CHECK 0.00 3
1020 590269 01/11/02 968 SAP AUTO PANTS 6308840 FARTS RETURN 0.00
1020 590269 01/11/02 968 SAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 968 HAP Ab"TO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 968 HAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 968 HAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590269 01/11/02 960 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
TOTAL CHECK 0.00 38
1020 590270 01/11/02 M BARNEY, JOARN 580 Refund= Check - Rental 0.00 3~
REN DATE 01/11/02 TIME 08:11:41 - FINANCIAL ACCOU~ITING
01/11/02 CI~ OF CUPERTINO PAGE 2
ACCOUNTING PERIOD: 7/02 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: ~ransac=.trans_date between "01/07/2002" and ,01/11/2002"
F~ - 110 - GEI~RAL F~
CASE ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUN'i
1020 590271 01/11/02 96 B~CK MOU~AIN SPRING WA 5606680 SUPPLIES 0.00 66.9:
1020 590272 01/11/02 M2002 BNI BUIIA)ING NEWS 1108101 P.W. INSPEC~RS ~AL 0.00 72.9
1020 590273 01/11/02 1066 BROWNING-FERRIS INDUSTRI 5208003 EEC"fCIJ~LES NOV2001 0.00 3350.4(
1020 590273 01/11/02 1066 BROWNING-FEHRIS INDUSTRI 5208003 OTHER RECYCLE OCT2001 0.00 2980.4t
TOTAL CHECK 0.00 6330.8~
1020 590274 01/11/02 1066 BROWNING-FERRIS INDUS~I 5208003 NOV2001 0.00 98495.3!
1020 590275 01/11/02 2551 EURIAN. ~J%URA 1101000 TR~SI~TION SERVICES 0.00 220.85
1020 590276 01/11/02 909 THE SUSINESS JOUP/qAL 1104000 #303092AWO0300T093 0.00 78.9~
1020 590277 01/11/02 127 ~/E C~J~IFOP2/IA CH~EL 1103500 PROGP~ING J~N2002 0.00 253.66
1020 590278 01/11/02 1145 C~IFOP~IA SORVE¥ING & D 1108101 SUPPLIES 0.00 123.32
1020 590279 01/11/02 132 C]~IFORNIA WATER SERVICE 1108508 SERVICE DSC2001 0.00 4.67
1020 590279 01/11/02 132 CJ~LIpOR/qIA WATER SERVICE 1108314 SERVIC~ DEC2001 0.00 19.47
1020 590279 01/11/02 132 C~IFORNIA WATER SERVICE 1108407 SERVICE DSC2001 0.00 9.82
1020 590279 01/11/02 132 C~J~IFORNIA WATER SERVICE 1108314 SERVICE DSC2001 0.00 39.33
1020 590279 01/11/02 132 C~IFORNIA WATER SERVICE 1108407 SERVICE DEC2001 0.00 .82
TOTAL CHECK 0.00 ~.32
1020 590280 01/11/02 1460 TONI CJ~RREIRO 6104000 WEB UPDATES 11/29-1/2/ 0.00 3074.50
1020 590281 01/11/02 143 CASEY PRINTING INC 1103400 DEC SCENE PRINTING ~/~D 0.00 313~.00
1020 590282 01/11/02 144 CASH 5606620 PETTY CASH 9/27-1/04/0 0.00 23.97
1020 590282 01/11/02 144 CASH 1106647 PE~=FY CASH 9/27-1/04/0 0.00 64.82
1020 890282 01/11/02 144 CASH 5606640 PE~Y CASE 9/27-1/04/0 0.00 30.00
1020 590282 01/11/02 144 CASH 5606680 PE~Y CASH 9/27-1/04/0 0.00 51.20
1020 890282 01/11/02 144 CASH 5806649 PETTY C~H 9/27-1/04/0 0.00 51.21
1020 590282 01/11/02 144 CASH 5606640 PETTY C/tSH 9/27-1/04/0 0.00 9.17
tOTAL CHECK 0.00 230.37
~020 590283 01/11/02 145 C~ 1108501 PE~¥ CASH 10/31-12/31 0.00 18.01
[020 590283 01/11/02 148 CASH 1108321 PE~¥ C~H 10/31-12/31 0.00 11.85
~020 590283 01/11/02 148 C~H 1108830 PET~ C~R ~0/31-12/31 0.00 5.97
L020 590283 01/11/02 148 CASH 6308840 PETTy CASE 10/31-12/31 0.0O 63.43
L020 590283 01/11/02 148 CASE 1108201 PETTY CASH 10/31-12/31 0.00 18.00
~020 590283 01/11/02 148 CASE 1108201 PETTY CASH 10/31-12/31 0.00 11.62
.020 590283 01/11/02 148 C~SE 2706405 PE~Y C~H 10/31-12/31 0.00 19.71
.020 590283 01/11/02 148 C~E 6308840 PE~Y CASH 10/~1-12/31 0.00 3.77
.020 590283 01/11/02 148 C~H 1108804 PETTY C~E 10/31o12/31 0.00 5.31
.020 59028] 01/11/02 148 CASH 1108408 PE~¥ CASH 10/31-12/31 0.00 29.04
~TAL CHECK 0.00 183.71
020 590284 01/11/02 149 C~R 1101000 PET~ CASH 1/02-1/09 fi.00 )~.08
020 590284 01/11/02 149 CASH 1104400 PST~ CASH 1/02-1/09 0.00 ~7
RUN DATE 01/11/02 TIME 08:11:42 - FINANCIAL ACCOUNTING
ol/1~/o2 ¢I'I'~ OF CUPSETINO PAGE
C~SH ACCT CHECK NO ISS~ DT .............. V~R ............. ~/DS~ ..... DES~I~ION ...... ~ES T~
1020 ~90284 01/1~/02 149 ~H 1103S00 P~rl'~ ~H 1/02-1/09 0.00
1020 590284 01/11/02 149 ~H 1101070 P='I~'~ ~H 1/02-1/09 0.00
~ ~ 0.00
1020 590294 01/11/02 194 ~P~TINO SUPPbY INC 270840S P~TS/SUPPLIRS 0.00
1020 590294 01/11/02 194 ~P~TINO SUPPLY INC 2708403 P~TS/SUPPLIES 0.00
1020 590297 01/11/02 212 DEP~ OF ~NSERVATI 1100000 SEISMIC FEES 10/1-12/3 0.00 -1
1020 590297 01/11/02 212 DEP~ OF ~NSERVATX 110 SEISMIC FEES 10/1-12/3 0.00 8
~ ~ECK O. O0 36
RUN DAT~ 01/11/02 TI~ 08:11=42 - FINANCIAL ACCO~/~TTNG
1-
01/11/02 C~TY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD: 7/02 CHECK REGISTER - DISBURS~ FUND
SELECTION CRITERIA: transac~.trans_date between '01/07/2002" a~d m01/11/2002~
FU~D - 110 - GENERAL FUND
CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUN~
1020 590298 01/11/02 220 DISCOUNT SCHOOL SUPPLy S806349 SUPPLIES #30830 0.00 7.4?
1020 590298 01/11/02 220 DISCOUNT SCROOL SUPPLY 5806349 SUPPLIES #15636 0.00 109.'
1020 590298 01/11/02 220 DISCOUNT SCHOOL SUPPLY 5806349 SUPPLIES #15629 0.00 334.!
TOTAL CHECK 0.00 450.8
1020 590299 01/11/02 222 D~ ASSOCIATES 2709447 SERVICE AGREEMENT FOR 0.00 6531.94
1020 590300 01/11/02 M DORINo GIORGIO 580 Refund: Check - Rental 0.00 500.00
1020 590301 01/11/02 233 ECONOMIC DRIVING SCHOOL 5806249 SERVICE AGRE~M~NT FOR 0.00 4420.00
1020 590302 01/11/02 2239 ECS IMAGING INC 6109851 LASERFICE SOFT~ARE SPR 0.00 3719.03
1020 590302 01/11/02 2239 ECS IMAGING INC 1104300 LASERFIC~ SOFTWARE SPR 0.00 9464.39
TOTAL CHECK 0.00 13183.42
1020 590303 01/11/02 M2002 ELEMENT K JOURNALS 1103500 INSIDE pHOTOSHOP 1YR 0.00 89.00
1020 590304 01/11/02 240 ELIZABETH ANN ELLIS 1101070 ATTENGANCR 11/26 & 12/ 0.00 850.00
1020 590305 01/11/02 260 FEDERAL EXPRESS CORP 42}9222 COURIER SERVIC~ 0.00 10.27
1020 590305 01/11/02 260 FEDERAL EXPRESS OORP 110 COURIER SERVICE 0.00 14.73
1020 590305 01/11/02 260 FEDERAL EXPRESS CORP 1108601 COURIER SERVICE 0.00 17.28
1020 590305 01/11/02 260 FEDERAL EXPRESS OORP 1104000 COURIER SERVICE 0.00 .03
1020 550305 01/11/02 260 FEDERAL EXPRESS CORP 1108101 COURIER SERVICE 0.00
L020 590309 01/11/02 2361 FIRST EABKCARD 1101000 STATEMENT 12/19 0.00 73.47
L020 590309 01/11/02 2361 FIRST BANKCARD 1101000 STAT~ENT 12/19 0.00 70.09
.020 590310 01/11/02 2361 FIRST BANXCARD 6104800' SUPPLIES 0.00
.020 590311 01/11/02 2361 FIRST BANKCARD 1106345 STAT~ENT DEC2001 0.00 178.61
020 590311 01/11/02 2361 PIP. ST BANKCARD 1106647 STATEMENT DEC2001 0.00 '' 71
RU~ DATE 01/11/02 TIME 08:11:43 o PINAJ~CIAL ACOO~TING '
01/~1/02 CITY OF C~ERTIN0 PAGE
ACCOL~TING PERIOD: 7/02 CHECK REGISTER - DISBURSEmeNT ~
'-- ~LECTION CRITERIA: ~ransact.trans_da=e between #01/07/2002" and #01/11/2002N
FUND - 110 - GENERAL ~
CASH ACCT OIECK NO ISSUE DT .............. VI~iDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX
1020 590312 01/11/02 2361 FIRST B~KC~ 5606640 STA/~ DEC2001 0.00
1020 590312 01/11/02 2361 FIRST BANKCARD 5608620 STATEMENT DEC2001 0.00
TOTAL CHECK 0.00
1020 590313 01/11/02 2361 FIRST B~CARD 1101000 STATI~4ENT DEC2001 0.00
1020 590313 01/11/02 2361 FIRST BA~KCA~ 1103300 STATI~ DEC2001 0.00
1020 590313 01/11/02 2361 FIRST ~KCA~D 1101200 STA~ DEC2001 0.00
1020 590313 01/11/02 2361 FIRST BANKCARD 1101000 STATID4EHT DEC2001 0.00
TOTAL CHECK 0.00
1020 590314 01/11/02 262 FIRST pI~CE INC 1104300 SUPPLIES #7405 0.00
1020 590315 01/11/02 268 FOS'I'~K BROS SECURITY SYS 1108501 SUPPLIES 0.00
1020 590315 01/11/02 268 FOSTER BROS SECURITY SYS 1108303 PARTS/SUPPLIES 0.00
1020 590315 01/11/02 268 FOSTER BROS SECURITY SYS 1108501 SUPPLIES 0.00
TOTAL CHECK 0.00 12
1020 590316 01/11/02 2027 MARS}IA GARCIA 1104400 OES RSFRXGERA~R 0.00
1020 590317 01/11/02 281 C~RDENLAND 6308840 FY 2001-2002 OPEN PURC 0.00
1020 590317 01/11/02 281 GARDENLRND 6308840 FY 2001-2002 OPEN PURC 0.00
'~'~"q20 590317 01/11/02 281 C~11~ 6308840 FY 2001-2002 OPEN PUEC 0.00
20 590317 01/11/02 281 GARDENI~RD 6308840 FY 2001-2002 OPEN PURC 0.00
TOTAL CHECK 0.00
1020 590318 01/11/02 2237 O~OBAL SPAN PROD~CTS 1108303 TIME/MATERIALS 0.00
1020 590318 01/11/02 2237 GLOBAL SPAN PRODUCTS 1108315 TIME/MATERIALS 0.00 4
TOTAL CHECK 0.00 2~
1020 590319 01/11/02 298 GRAINGER INC 1108830 FY 2001-2002 OPEN PURC 0.00
1020 590319 01/11/02 298 GRAINGER INC 1108408 SUPPLIES 0.00
1020 590319 01/11/02 298 (~INGER INC 1108830 FY 2001-2002 OPEN ~C o.00
1020 590319 01/11/02 298 GRAINGSR INC 1108501 SUPPLIES 0.00
1020 590319 01/11/02 290 GRAINGER INC 1108830 P"/ 2001-2002 OPEN P~C 0.00
1020 590319 01/11/02 298 GRAINGEN INC 2708405 pARTS/SUPPLIES #15067 0.00
1020 590319 01/11/02 298 ORAINGER INC 2708405 PARTS/SUPPLIRS 815067 0.00
1020 590319 01/11/02 298 GRAINGER ZNC 2708405 PARTS/SUPPLIES #15067 0.00
TOTAL CHECK 0.00 9
1020 590320 01/11/02 2500 TEENy GREENE 4239222 R~I~URSEMENT 0.00 1
1020 590321 01/11/02 2546 GTM PLYING 1108503 INSTALL NEH VACUID4 SYS 0.00 23
1020 590321 01/11/02 2546 GTM PLU~XI~ 1108503 INSTALL N~W EYE WASH S 0.00 20
TOTAL CHECK 0.00 44
1020. 590322 01/11/02 327 HElJaO DIRECT XNC 1108501 PARTS/SUPPLIES 0.00 3
10~0 590323 01/11/02 2510 HX-LINE 6308840 PY.S~NT EQUXPI~tT #15013 o.00 1
20 590324 01/11/02 1235 HXC..,~4ARK ~It~ INSUEANCE 110 LIFE/AD&D JAN2002 0.00 75
RUN DATE 01/11/02 TIME 08:11:44 - FINANCIAL ~IEG
01/11/02 CITY OF CUPERTINO PAGE 6
ACCOt~ITING PBRIOD~ 7/02 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: ~ransac~.trans_date between '01/07/2002" and "01/11/2002"
FL~ID - 110 - GENERAL FUND
CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... S~b~ TAX AMOUNT
1020 590324 01/11/02 1235 HIGI~ARK LIFE INSURANCE 641457O LTD JAN20O2 0.00 5486.6C
TOTAL CHECK 0.00 13004.9;
1020 590325 01/11/02 2064 HO#~"~D G ROPF JR. 1104400 SERVICE AGREEMENT FOR 0.00 80.0(
1020 590326 01/11/02 334 HOME DEPOT/GECF 1108312 SUPPLIES #15044 0.00 247.33
1020 590326 01/11/02 334 HOM~ DEPOT/OECF 1108408 SUPPLIES #15074 0.00 398.17
1020 590326 01/11/02 334 H0~ DEPOT/GECF 5606620 SUPPLIES #15716 0.00 246.60
1020 590326 01/11/02 334 HO~ DEPOT/GECF 1108408 SUPPLIES #15064 0.00 281.05
1020 590326 01/11/02 334 HC~ DEPOT/GSCF 1108830 SUPPLIES #15344 0.00 51.75
1020 590326 01/11/02 334 H0f4~ DEPOT/GECF 1108408 SUPPLIES #15073 0.00 174.16
1020 590326 01/11/02 334 HOI~ DEPOT/GECF 1108303 SUPPLIES #15345 0.00 54.66
1020 590326 01/11/02 334 ECR~ DEPOT/GECF 5606640 SUPPLIES #15713 0.00 157.16
1020 590326 01/11/02 334 HOME DEPOT/OECF 5606620 SUPPLIES #15714 0.00 120.06
1020 S90326 01/11/02 334 HC~4E DEPOT/GECF 5606680 SUPPLIES #19717 0.00 354.38
1020 590326 01/11/02 334 HO~ DEPOT/GECF 1108501 SUPPLIES #15038 0.00 75.64
1020 590326 01/11/02 334 EO~4E DEPOT/GECF 5606620 SUPPLIES #15711 0.00 276.70
TOTAL CHECK 0.00 2439.48
1020 $90327 01/11/02 2123 HUGGER-MUGGER YOGA PRODU 5506549 SUPPLIES #16020 0.00 214.17
1020 590320 01/11/02 1620 HYDROTEC IRRIGATION EQUI 1108312 FILL DIRT #15079 0.00 214.64
1020 590328 01/11/02 1628 HYDROTEC IRRIGATION EQUI 1100312 INSTALL NEW BOOSTER PU 0.00 ~.00
1020 590328 01/11/02 1620 HYDRCTEC IRRIGATION EQUI 1108312 INSTALL NEW BOOSTER PU 0.00
1020 590328 01/11/02 1628 HYDROTEC IRRIGATION EQU! 1108312 INSTAL~ NEW BOOSTER PU 0.00 1400.00
TOTAL CHECK 0.00 4515.32
1020 590329 01/11/02 2520 INDOOR BILLBOARD 1108315 FY 2001-2002 OPEN PURC 0.00 167.33
1020 590329 01/11/02 2520 INDOOR BILLBOARD 1108312 FY 2001-2002 OPEN PURC 0.00 167.33
1020 590329 01/11/02 2520 INDOOR BILLBOARD 1108314 FY 2001-2002 OPEN PURC 0.00 167.33
1020 590329 01/11/02 2528 INDOOR B~Z.LmOARD 1100303 FY 2001-2002 OPEN PURC 0.00 167.33
1020 590329 01/11/02 2528 INDOOR BIT.T~OARD 1100302 FY 2001-2002 OPEN PURC 0.00 167.33
TOTAL CHECK 0.00 836.65
1020 590330 01/11/02 2455 INTEGRATED INFO. SYSTEMS 6109858 PROGRAM SUPFOET/TECH 0.00 75.00
1020 590331 01/11/02 1668 JOHN RIC]Q4AH PHOTOGRAPHY 1103300 CITY COUNCIL PHOTOS 0.00 483.00
1020 590332 01/11/02 2568 JOHNSON, MIKE 5506549 SWING DAI4CE 12/19/01 0.00 300.00
1020 590333 01/11/02 M KENNEY, GARY 580 Refund: Check - FALL E 0.00 100.00
1020 590334 01/11/02 M KIM, MEE 580 Refund: Check - WINTER 0.00 99.00
1020 590335 01/11/02 2335 KI~41~Y HORN &ASSOCIATES 1108602 TRAFFIC ENO SVC FOR CU 0.00 6280.75
1020 S90336 01/11/02 M ICUO, CAROLYN 580 Refund: Check - Rental 0.00 100.00
1020 S90337 01/11/02 2302 KYOOB3 INC. 1108101 SERVICE AGREEMENT FOE 0.00 2137.S0
1020 590338 01/11/02 385 LAB SAFETY SUPPLY 1104400 CREDIT FOR FRT #30918 0.00 .17
RHN DATE 01/11/02 TINE 08:11:45 - FINANCTAL ACCOUNTING
0:1/1:1/0:2 CITY OF CUPERTINO PAGE '
ACCOL~TING PERIOD: ?/02 CHECK REGTST~R ~ DISBURS~4BNT FUND
--RI~CTION CRITERIA: ~ransact.trans_date between "01/07/2002" and "01/11/2002#
FUND - 110 - GENERAL FU~D
CASH ACCT CIiECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX
1020 590338 01/11/02 385 ~ SAFETY SUPPLY 1104400 SALES QUOTE QD00073876 0.00
1020 590338 01/11/02 385 LAB SAFETY SUPPLY 1104400 SALES QUOTE QD00073876 0.00
TOTAL CHECK 0.00
1020 590339 01/11/02 392 LEAGUE OF CALIFORNIA CIT 1108001 REGISTER MAR 6-8 LLC 0.00
1020 590340 01/11/02 1217 THE LP. ARIqZNG ~ 5806349 SUPPLIES #15635 0.00
1020 590341 01/11/02 M2002 L~E, PZAU 110 REFD ~NCHOACH BONO 0.00
1020 590342 01/11/02 400 LIFSTIM~ TENNIS INC 5706450 SERVICE AGREEMENT FOR 0.00 254
1020 590343 01/11/02 1461 MAACO AUTO PAINTING & BO 6308840 PAINT EV-2 0.00
1020 590344 01/11/02 1855 SUSAN MACGOWAN 1104510 EDUCATION~ REIMEURSE 0.00
1020 890345 01/11/02 1599 M~ED HEALTH NETWORK I 1104520 JAN2002 EAP 0.00
1020 590346 01/11/02 M2002 MATHEW BENDER & CO, INC 1108101 CA DF~R PUBLIC CONTRAC 0.00
1020 590347 01/11/02 1356 MATTHEW BENDER & C(IMPARY 1101500 CA DEER CODE 0.00 8
1020 590347 01/11/02 1356 MATTHI~W BENDER & COMP~ 1101500 CA CODES 0.00 1
'~20 59034? 01/11/02 1356 ~[ATTH~W E~NDSR & CO~P~I~Y 1101500 CA PENAL CODS 2002 0.00
~AL CHECK 0.00 10
1020 590348 01/11/02 1602 MSIA M~qgZSERVICHS CO~4pAN 1100000 S.TAX AUDIT 6/30/2001 0.00 3
1020 590349 01/11/02 444 MIN~NeS LURER 1108503 PARTS/SUPPLIES #15028 0.00
1020 590349 01/11/02 444 MINTON'S LURER 1108503 PARTS/SUPPLIES #24041 0.00
TOT~L CHECK 0.00 1
1020 590350 01/11/02 466 MPA DESIGN 4209119 SERVICE AGREEMENT FOR 0.00 56
1020 590350 01/11/02 466 MPA DESIGN 4209119 SERVICE AGREEMENT FOR 0.00 19
TOTAL C~CK 0.00 76
1020 590351 01/11/02 M2002 NATIONAL LEAGD~ OF CITIE 1108001 REG NLC CONF 3/10-12 0.00 4
1020 590355 01/11/02 965 NORTH CO~ ~DIC~ 1104300 SUPPLIES #12097 0.00
1020 590355 01/11/02 965 NORTH COAST MEDICAL 1104300 SUPPI~ZES #12097 0.00
TOTAL CHECK o. OO ?(
1020 590356 01/11/02 487 NORTHAIRE SUPPLY CO 5708510 FY 2001-2002 OPEN PURC 0.00
'~" ~.0 590357 01/11/02 2408 NORTRAX WEST 6308040 REPAZP~ #15477 0.O0 33
DATE 01/11/02 TIME 08:11:45 - FIN~/qCIAL ACCOU"A'TI~'G
01/11/02 CITY OF CUPERTINO PAGE 8
ACCUONTING PERIOD: 7/02 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transac~.=rans_date between "01/07/2002" and #01/11/2002"
FUND - 110 - GENERAL FLeD
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SAL~S TAX AMOUN~
1020 590358 01/11/02 494 OFFICE DEPOT CHEDIT pLAN 1101500 SUPPLIES 0.00 13.49
1020 590358 01/11/02 494 OFFICE DEPOT CHEDIT pLA~ 1101500 SUPPLIES 0.00 82.5~
TOTAL CHECK 0.00 96.0.
1020 590359 01/11/02 495 OFFICE HELPER 1106100 SUPPLIES 0.00 195.14
1020 590359 01/11/02 495 OFFICE HELPER 1106100 SUPPLIES 0.00 75.02
1020 590359 01/11/02 495 OFFICE HELPER 1106100 SUPPLIES 0.00 130.46
TOTAL CHECK 0.00 400.62
1020 590360 01/11/02 500 OPEEATING ENGINEERS PUB 1104510 H & W P.W. TIREE JAN20 0.00 784.00
1020 590360 01/11/02 500 OPEP, ATING ENOINES~ ~ 110 H & W P.w. J$~N2002 0.00 5488.00
1020 590360 01/11/02 500 OPERATING ENGINEERS pUB 1104510 H & W P.W. SPSAL JAN20 0.00 3360.00
TOTAL CHECK 0.00 9632.00
1020 590361 01/11/02 981 ORCHARD SUPPLY H~ARE 1108315 SUPPLIES #10669 0.00 403.06
1020 590361. 01/11/02 981 ORCHID SUPPLY HARDWARE 1109408 SUPPLIES #10392 0.00 49.64
1020 590361 01/11/02 981 ORCHARD SUPPLY HARDWARE 1108315 SUPPLIES #15043 0.00 329.29
1020 590361 01/11/02 981 ORCHARD SUPPUY HARDWAI~S 1109312 SUPPLIES #15051 0.00 178.39
1020 590351 01/11/02 981 ORCH~ SUPPLY HARDWARE 5806349 SUPPLIES #1128626 0.00 11.87
1020 590361 01/11/02 981 ORCHID SUPPLY HARDWARE 1100303 SUPPLIES #15072 0.00 45.23
1020 590361 01/11/02 981 ORCHARD .SUPPLY H~DWAIIE 1108315 SUPPLIES #22467 0.00 41.20
1020 590361 01/11/02 981 ORCHID SUPPLY HARDWARE 1108315 ON-TIME DISCOUNT 0.00 14
1020 590361 01/11/02 981 ORCHARD SUPPLY I~DWARE 1108315 SUPPLIES #10695 0.00 .59
1020 590361 01/11/02 981 ORCHAJ~D SUPPLY H~DWARE 1108408 SUPPLIES #10393 0.O0 51.27
1020 590361 01/11/02 981 ORCHARD SUPPLY H~NAHE 1108407 SUPPLIES #15070 0.00 129.58
1020 590361 01/11/02 981 ORCHARD SUPPLY H~DW~E 2708405 SUPPLIES #24409 0.00 43.43
1020 590361 01/11/02 981 ORCHID SUPPLY H~DWARE 2708405 SUPPLIES #22446 0.00 26.99
1020 590361 01/11/02 981 ORCHARD SUPPLY HARDWARE 2708404 SUPPLIES #22499 0.00 48.55
1020 590361 01/11/02 981 ORCHARD SUPPLY H~DWARE 2708405 SUPPLIES #24410 0.00 38.79
1020 590361 01/11/02 981 ORCHID SUPFLY HARDWARE 5706450 SUFPLIES.#23847 0.00 49.15
1020 590361 01/11/02 981 ORCHID SUPPLY H~DWARE 1108321 SUPPLIES #15062 0.00 397.30
1020 590361 01/11/02 981 ORCHID SUPPLY HARDW~J~E 1108303 SUPPLIES #15560 0.0O 37.78
~OTAL CHECK 0.00 1976.97
£020 590362 01/11/02 507 DAN OSBOANE DBA:OSBORNE 1108602 TIME/MATERIALS 0.00 762.59
LO20 590362 01/11/02 507 DAN OSBORNE DBA:OSBORNE 1108503 TIME/MATERIal, S 0.00 185.00
~020 590362 01/11/02 507 DAN OSBORNE DBA:OSBORNE 1108602 TIME/MATERIALS 0.00 295.00
L020 590362 01/11/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TIME/MATERI/~LS 0.00 325.00
L020 590362 01/11/02 507 DAN OSBORNE DBA:OSBORNE 1108503 TIME/MATERIALS 0.00 335.47
L020 590362 01/11/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TIME/MATERIALS 0.00 185.00
~OT~J~ CHECK 0.00 2078.06
.020 590363 01/11/02 508 P E R S - HEALTH 1104510 HF~TH pREMIOM JAN2002 0.00 24449.60
.020 590363 01/11/02 508 P E R S - HEALTH 1104510 AIIMIN FEE JAN2002 0.00 375.71
.020 590363 01/11/02 508 P E R S - HEALTH 110 HEALTH pREMIOM JAN2002 0.00 51459.02
?OTAL CHECK 0.00 76284.33
.020 590366 01/11/02 511 PACIFIC BELL 1106265 TELEPHONE SERV DEC 200 0.00 470.93
.020 590366 01/11/02 511 PACIFIC BELL 1106529 TELEPHONE SERV DEC 200 0.00 ~Q.43
.020 590366 01/11/02 511 PACIFIC BELL 1106500 TELEPHONE SERV DEC 200 0.00
RUN DATE 01/11/02 TIME 08:11:46 - FINANCIAL ACCOUNTING
om/ll/o~ ¢I~ OF OJPERTINO
ACCOU~TXNG PBRIOD~ 7/02 CHECK REGIST~R - DISB~ ~
1020 590366 01/11/02 511 P~XFIC BElL 1107200 ~E~ONE SERV DEC 200 0.00
1020 590~66 01/11/02 511 PACIFIC BE~ 11~7301 ~O~ SERV DEC 200 0.00
1020 590366 01/11/02 Sll P~IFIC BE~ 1107302 ~O~ S~V DEC 200 0.00
1020 S90366 01/11/~2 511 PACIFIC BELL 1107501 ~PHO~ SERV DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BE~ 1107502 ~PHO~ S~V DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1107503 ~LEPH~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1106001 ~O~ SERV DEC 200
1020 ~90366 01/11/02 511 PACIFIC BE~ 1106101 ~PHO~ SERV DEC 200 0.00
1020 590366 01/11/02 Sll PACIFIC ~b 1106102 TELE~O~ S~V DEC 200 0.00
1020 ~90~66 01/11/02 511 P~IFIC BE~ 1106265 ~PHONB S~V DEC 200 0.00
1020 590366 01/11/02 51~ PACIFIC BE~ 1~08501 ~0~ SERV DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BE~ 1106503 ~O~ S~V DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BE~ 1106507 ~O~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL S606620 TELEPHO~ SERV DEC 200 0.00
1020 S90366 0~/11/02 511 PACIFIC BE~ S706450 TE~PHONE SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BE~ 1106601 ~PHONE SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1108602 ~ S~V DEC 200 0.00
1020 590366 01/11/02 ~11 PACIFIC BE~ 5208003 TELEPHO~ S~V DEC 200 0.00
1020 S90366 01/11/02 Sll PACIFIC BE~ 2308004 TE~O~ S~V DEC 200 0.00
1020 590~66 01/11/02 511 PACIFIC B~L 1106265 ~ONE S~V DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1108201 TE~PHONE SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 6104800 ~PHONE SERV DEC 200 0.00
~20 590366 01/11/02 ~11 PACIFIC BE~ 5606620 TELE~O~ SERV DEC 200 0.00
20 590366 01/11/02 511 PACIFIC BELL 5606640 T~ONE S~V DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BELL 5708510 ~PHO~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BE~ 1106265 ~PH~ SERV DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BELL 1107301 ~PHONE SERV DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BE~ 1108504 TELEPHO~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1108511 ~PHO~ SERV DEC 200 0.00
1020 590366 01/~1/02 511 PACIFIC BELL 1106647 ~PHONE SERV DEC 200 0.00
1020 S90366 01/11/02 511 PACIFIC BELL 1~08508 ~LEPHONE SERV DEC 200 0.00
1020 590366 01/11/02 S~1 PACIFIC BE~ 110~509 ~LE~O~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BE~ 1108504 TE~O~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1108407 ~PHO~ SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BELL 1108201 ~EPH~E SERV DEC 200 0.00
1020 590366 01/11/02 511 PACIFIC BE~ 1101200 TELEPHONE SERV DEC 200 0.00
RUN DATB 01/11/02 TXM~ 08:11:47 - FINANCIAL ACCOI,WI'XNG
1-1
01/11/02 CITY OF CUPERTINO PAGE 10
RCCOU1TrING PERIOD: 7/02 CHECK REGISTER - DISBURSENENT FUND
SELECTION CRITERIA: ~ransact.trans_da~e between ',01/07/2002- and ,01/11/2002"
FU~D - 110 - GENERAL FUND
:ASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 590367 01/11/02 2444 PACIFIC GAS & ELECTRIC 1108830 SERVICE TO 12/31/01 0.00 21680.47
L020 590368 01/11/02 513 PACIFIC GAS & ELECTRIC 1108602 10/30-01/02/02 0.00 93.78
L020 590368 01/11/02 513 PACIFIC'GAS & ELECTRIC 1108407 10/30-01/02/02 0.00 14.50
~TAL CHECK 0.00 108.36
L020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108312 SERVICE TO 12/31 0.00 98.24
L020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108505 SERVICE TO 12/31 0.00 2264.42
L020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108504 SERVICE TO 12/31 0.00 4935.04
.020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108506 SERVICE TO 12/31 0.00 237.66
.020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108511 SERVICE TO 12/31 0.00 323.95
.020 590369 01/11/02 513 PACIFIC GAS & EleCTRIC 1108314 SERVICE TO 12/31 0.00 308.29
.020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108602 SERVICE TO 12/31 0.O0 2409.59
.020 590369 01/11/02 513 PACIFIC GAS & EI~-I-~C 5708510 SERVICE TO 12/31 0.00 3754.64
.020 590369 01/11/02 513 PACIFIC OAS & ELECTRIC 5606640 SERVICR TO 12/31 0.00 162.73
.020 690369 01/11/02 513 PACIFIC GAS & ELECTRIC 5606620 SERVICE TO 12/31 0.00 80.68
.020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 5606620 SERVICE TO 12/31 0.00 1004.03
.020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 5208003 SERVICE TO 12/31 0.00 7.84
· 020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108407 SERVICE TO 12/31 0.00 1107.30
· 020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108315 SERVICE TO 12/31 0.00 206.66
020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108303 SERVICE TO 12/31 0.00 1937.51
020 590369 01/11/02 513 PACIFIC GAS a ELECTRIC 1108507 SERVICE TO 12/31 0.00
020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 4209110 SERVICE TO 12/31 0.00 .94
020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108503 SERVICE TO 12/31 0.00 3491.23
020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108501 SERVICE TO 12/31 0.00 5025.21
020 590369 01/11/02 513 PACIFIC GAS & ELECTRIC 1108830 SERVICE TO 12/31 0.00 16.85
OTAL CHECK 0,00 28660.29
020 590370 01/11/02 M2002 PC ~%GAZINE 1103500 2 YRS SUBSCRIPT PC MAG 0.00 39.97
020 580371 01/11/02 526 PENINSULA DIGITEL IMAGIN 1108101 pLAN COPIES/LOBBY 0.00 44.62
020 590371 01/11/02 526 PEI~INSULA DIGITAL IMAGIN 110 pLAN COPIES/CCS ROUSIN 0.00 360.55
020 590371 01/11/02 526 PENINSULA DIGITAL IMAGIN 1108101 PI~/~ COPIES/CONF RI4 A 0.00 40.92
DTA~ CHECK 0.00 446.28
320 590372 01/11/02 542 PINE CONE LI~WBER 1108501 pARTS/SUPPLIES #15620 0.00 46.05
~20 590373 01/11/02 545 JEFF PISERCHIO 5606640 GOLF COURSE CONTRACT I O.00 1644.00
~20 590374 01/11/02 1929 plANNING RESOURCE A~SOCI 1107302 G~NSRAL PLAI~ REVIEW AN 0.00 6267.65
)20 590374 01/11/02 1929 PL/U%'NING RESOURCE ASSOCI 1108601 GENERAL PLAN REVIEN AN 0.00 2520.00
)TAL CHECK 0.00 8787.65
120 5903?5 01/11/02 570 RADIO SHACK 1108501 SUPPLIES #15087 0.00 111.39
)20 590376 01/11/02 t!2002 RS-NEW CONSTRUCTION 110 RFD ENCROACH BOND 0.O0 500.00
~20 5903?7 01/11/02 1691 REGISTRAR OF VOTERS 1104330 U'DEL ELECTION 11/06/01 0.00 50230.00
~20 590376 01/11/02 581 RELIABLE 1101075 SUPPLIES 0.00
RUN DATE 01/11/02 TI~ 06:11:48 - FINANCIAL ACCOUNTING
01/11/02 CI'l~ OF CUPERTINO
ACCOUNTING PERIOD: 7/02 CHECK REGISTER - DISBURSEMENT FUND
'--~LECTION CRITERIA= transac~.=rans_da~e between m01/07/2002# and "01/11/2002#
FUND - 110 - GENERAL FUND
CASH ACCTCHECKNO ISSUE DT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... SA~ES TAX
1020 590378 01/11/02 561 I~LIABLE 1107301 SUPPLIES %12360 0.00
1020 590378 01/11/02 581 RELIABLE 1107503 SUPPLIES 912360 0.00
TOTAL CHECK 0.00
1020 590379 01/11/02 1071 REP~LIC ELECTRIC 4209541 PUBLIC WORKS COlleCT 0.00 71:
1020 590379 01/11/02 1071 REPUBLIC ELECTRIC 1108602 PORT~J~ AND SCB WEST ME 0.00 3'
TOTAL CHECK 0.00 74
1020 590380 01/11/02 2482 RHI CONSULTING 1108101 S.TH(~MAS W/E 12/14/01 0.00
1020 '590380 01/11/02 2482 REI CONSULTING 6104800 J.SEV~R~NCE W/E 12/14/ 0.00
1020 590380 01/11/02 2482 REI CONSULTING 1108101 S.TE0[4AS W/E 12/21/01 0.00
1020 590380 01/11/02 2482 PHI CONSULTIN(I 6104800 J.SEVEP~CE N/E 12/21/ 0.00
TOTAL CHECK 0.00
1020 590381 01/11/02 600 ROTO-ROOTER SEWER SERVIC 1108401 FY 2001-2002 OPEN PURC 0.00
1020 590382 01/11/02 601 ROYAL BP~S INC 6308840 PARTS/SUPPLIES %24431 0.00
1020 590383 01/11/02 2043 RUDS'S PEST MANAGEI4ENT 1108321 TIME/MATERIALS 0.00
1020 590383 01/11/02 2043 RUDE,$ PEST MANA~4~ 1108506 TZME/MA~RZ~S 0.00
1020 590383 01/11/02 2043 RUDE'S P~STNANAG~MENT 1108314 TIME/MATERIALS 0.00
1020 590383 01/11/02 2043 RUDE'S PEST NAI~IENT 1108502 TIME/MATERI~J~S 0.00
~'~20 590383 01/11/02 2043 RUDE'S PEST NANAGEMENT 1108504 TIME/MATERIALS 0.00
FAL CHECK 0.00
1020 590~84 01/11/02 345 SAN FI~/4CISCO ELEVATOR 1108501 FY 2001-2002 OPEN PUNC 0.00 4
1020 590384 01/11/02 345 SAN FR~CISCO ELEVATOR 1108502 FY 2001-2002 OPEN PURC O.00
TOTAL CHECK 0.00
1020 590385 01/11/02 959 SAN JOSS MERCURY I~S 1104000 1/29-4/29/02 0.00
1020 590389 01/11/02 625 S~ JOSE WATER COMPANY 1108312 11/20-12/31 0.00
1020 590389 01/11/02 625 SAN JOSS WATER C~PANY 1108312 11/20-12/31 0.00
1020 590389 01/11/02 825 SAN JOSE WATER C0~4PA~IY 1108407 10/26-1/03/02 0.00
1020 590389 01/11/02 625 SAN JOSE WATER CO~4PANY 5606620 11/20-12/31 0.00
1020 590389 01/11/02 625 SAN JOSE WA~R C(~4PANY 5606620 11/20-12/31 0.00
1020 690389 01/11/02 625 SAN JOSS WATER CO~4PANY 1108504 11/29-1/02 0.00
1020 590389 01/11/02 625 S~ JOSE WATER CO~ 110840? 10/25-1/03/02 0.00 1
1020 590389 01/11/02 825 SAN JOSE WATER CiX4PANY 5606640 11/20-12/31 0.00 1
1020 590389 01/11/02 625 SAN JOSE WA~R COMPANY 1108407 11/20-12/31 0.00
1020 690389 01/11/02 625 SAN JOSE NATER CO~AI~Y 1108303 11/20-12/31 0.00
1020 590389 01/11/02 625 SAN JOSS WATER C(IMPANY 1106303 11/20-12/31 0.00
1020 590389 01/11/02 625 SAN JOSE WATER C0~4PANY 1108407 10/25-1/03/02 0.00
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108321 10/26-1/03/02 0.00 2
1020 590389 01/11/02 625 SAN JOSE WATER C~PAI~Y 1108504 11/20-12/31 0.00
1020 590389 01/11/02. 625 SAN JOSS NATER C091PANY 4209110 10/18-12/26 0.00
1020 590389 01/11/02 625 SAI~ JOSE WATER C~PANY 1108504 11/20-12/31 0.00
1020 590389 01/11/02 625 S~JOSE WA~R COmpANY 5?05510 10/18-12/21 0.00
10~0 590389 01/11/02 625 S~ JOSE WATER C~ANY 1108608 11/20-12/31 0.00
1020 590389 01/11/02 625 S~JOSE WATER CO~p~I~Y 1108407 10/18-12/26 0.00
'~ ~0 590389 01/11/02 625 SA~ JOSE WATER CO~A~Y 5708510 11/20-12/31 0.00
RUN DATE 01/11/02 TIME 08:11:48 - F3~C~ ACCOI,11qTI~
01/11/02 CITY OF CUPERTINO PAGE 12
~COI~qTING PERIOD: 7/02 CHECK REGISTER - DISBURSE~ FUND
SELECTION CRITERIA: transact.trans_date between '01/07/2002m and "01/11/2002'
~ - 110 - GENERAL FI~D
CASH ACCT CHECK NO ISSU~ DT .............. VENDOR ............. PUND/DRPT ..... DESCRIPTION ...... SAbF~ TAX AM0~IT
1020 590389 01/11/02 625 SAN JOSE WATER C~t4PANY 11084~7 11/20-12/31 0.00 72.43
1020 990389 01/11/02 625 S~JOSE WA~ CO[4P~/~Y 1108312 11/20-12/31 0.00 1524.0%
1020 590389 01/11/02 625 S~ JOSE WA-i-~ CO~PAWY 1108407 11/20-12/31 0.00 81.9~
1020 590389 01/11/02 625 SAN JOSE WATER CO~P~I~Y 1108407 10/26-01/03/02 0.00 30.94
1020 590389 01/11/02 625 S~ JOSE WATER COMP~I~Y 1108407 11/20-12/31 0.00 142.35
1020 590389 01/11/02 625 SAN JOSE WATER C0~4PANY 1108505 11/20-12/31 0.00 82.70
1020 590389 01/11/02 629 SAN JOSE WATER CO%IP/tNY 1108407 ' 11/20-12/31 0.00 20.82
1020 590389 01/11/02 825 S~ JOSE WATER CO~PAWY 1108407 11/20-12/31 0.00 8.55
1020 590389 01/11/02 625 SAN JOSE WATER CO~4PANY 1108505 11/26-1/02 0.00 9.00
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108407 11/20-12/31 0.00 11.73
1020 590389 01/11/02 625 S~ JOSE WATER C(~p$~NY 1108407 11/20-12/31 0.00 17.65
1020 590389 01/11/02 625 SANJOSE WATER COt4PA~ 1108407 11/20-12/31 0.Do 20.82
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108407 11/20-12/31 0.00 19.23
1020 590389 01/11/02 625 SAN JOSE WATER CUMPANY 1108407 11/20-12/31 0.00 56.57
1020 590389 01/11/02 625 S~JOSE WATER CO~4PANY 1108407 11/20-12/31 0.00 59.75
1020 590389 01/11/02 625 S~ 0DEE WATER CO~AWY 5806620 10/18-12/26 0.00 43.24
1020 590389 01/11/02 625 S~JOSE WATER COMPANY 1108407 11/20-12/31 0.00 60.47
1020 590389 01/11/02 629 SAN JOSE WATER COMPANY 1108407 10/18-12/26 0.00 159.18
1020 590389 01/11/02 625 SAN JOSE WATER CO~4PANY 1108314 11/20-12/31 0.00 58.08
1020 590309 01/11/02 625 S~JOSE WATER CO~PA~TY 5708510 11/29-1/02 0.00 9.00
1020 590389 01/11/02 625 SAN ~DSE WATER COMPAI~ 1108314 11/29-1/02 0.00 9.00
1020 590389 01/11/02 625 SAN JOSE WATER C(IMPANY 1108314 11/20-12/31 0.00 236.28
1020 590389 01/11/02 625 SAN JOSE WATER C0~PANY 1108407 11/20-12/31 0.00 .47
1020 590389 01/11/02 629 SAN JOSE WATER COMPAWY 1108302 11/20-12/31 0.00 *.76
1020 590389 01/11/02 625 SAN JOSE EATER COMPANY 1108321 11/29-1/02/02 0.00 36.50
1020 590389 01/11/02 625 SAN JOSE WATER C(IMPANY 1108314 11/20-12/31 0.00 608.43
1020 590389 01/11/02 625 SA~ JOSE WATER COIiPAI~Y 1108321 11/29-1/02/02 0.00 35.90
1020 590389 01/11/02 625 SAN JOSE WATER CO~PANY 1108314 11/20-12/31 0.00 632.25
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108507 11/20-12/31 0.00 71.59
1020 590389 01/11/02 625 SAN JOSE WATER CO~4PANY 1108314 11/20-12/26 0.00 347.98
1020 590389 01/11/02 625 SAN JOSE WATER COfiPA~ 1108321 11/20-12/26 0.00 160.67
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108315 11/20-12/31 0.00 283.07
1020 590309 01/11/02 625 SAN JOSE WATER CO~PAI~Y 1108315 11/20-12/31 0.00 112.35
1020 590309 01/11/02 625 SAN JOSE WATER CO~IPANY 1108314 11/20-12/31 0.00 112.35
1020 590389 01/11/02 625 SAN JOSE WATER COMPA~TY 1108407 11/20-12/31 0.00 112.35
1020 590389 01/11/02 825 SAN JOSE WATER C0~PANY 1108407 11/20-12/31 0.00 183.21
1020 590389 01/11/02 625 SAN JOSE WATER CO~4PANY 1108407 10/25-1/03/02 0.00 151.64
1020 590209 01/11/02 625 SAN JOSE WATER C~OIqpAIT~ 1108315 11/20-12/31 0.00 36.50
1020 590389 01/11/02 625 SAN JOSE WATER coIqPANY 1108315 11/20-12/31 0.00 170.32
1020 590389 01/11/02 625 SA~ JOSE WATER COf4P,~IY 1108315 11/20-12/31 0.00 55.76
1020 590389 01/11/02 625 ~ JOSE WATER COfqPANY 1108407 11/20-12/31 0.00 35.93
1020 590389 01/11/02 625 SAN JOSE WATER CO~qPANY 1108407 11/20-12/31 0.00 35.93
1020 590389 01/11/02 625 SAN JOSE WATER CO~4pANY 1100314 11/20-12/31 0.00 57.29
1020 590389 01/11/02 625 SAN JOSE WATER COIWPANY 1100506 11/20-12/31 0.00 35.11
1020 590389 01/11/02 625 SAN JOSE WATER COMPANY 1108314 11/20-12/31 0.O0 62.05
1020 590389 01/11/02 625 SAN JOSE WATER CO~qPANY 1108407 11/20-12/31 0.00 68.40
1020 590369 01/11/02 625 SAN JOSE WATER C0~4PANY 1108503 11/20-12/31 0.00 76.35
1020 590389 01/11/02 625 SAN JOSE WATER C0~IPANY 1108303 11/20-12/31 0.00 65.24
1020 590389 01/11/02 625 SAN JOSE WATER CC~4PANY 1108303 11/20-12/31 0.00 57.29
1020 590389 01/11/02 625 SAN JOSE WATER C'0~IPANY 1108407 11/20-12/31 0.00 °~.14
1020 590389 01/11/02 625 ~ JOSE WATER COIRP*R~FY 1108407 10/18-12/26 0,00 61
R~ ~TE 01/11/02 TINE 00=11:50 - FI~CI~
Ol/11/o2 CITY OF CUPF, RTIN0 PAG£ 1
A~ING PERIOD: 7/02 CHECK REGISTER - DISBURSEmeNT FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX A
1020 590309 01/11/02 625 SAN JOSS #ATER COMPANY 1108303 11/20-12/31 0.00
TOTAL CHECK 0.00 93(
1020 590390 01/11/02 626 SANTA CLARA CO DEPT OF R 1102100 CITATIONS NOV2001 O,O0 18~
1020 590391 01/11/02 628 SANTA CLARA COLAT~Y SH~RI 1102100 LAW SN~ORC~4RNT SERVIC 0.00 47131
1020 590393 01/11/02 635 SANTA CIERA VAlLEy WATER 5606640 WATER SERV 7/1-12/31/0 0.00 973
1020 590397 01/11/02 652 SIERRA SPRINGS EATER CO. 1101500 EATER SERVICE 0.00 1
1020 590337 01/11/02 652 SIERRA SPRINGS WATER CO. 1106265 FY 2001-2002 OPeN PURC 0.00 3,
1020 590390 01/11/02 2303 SILICON VA~DEY ANIMA~. CO 1104530 THIRE ~TR PAYMENT 0.00 6061:
1020 590399 01/11/02 1837 SILICON VALLEY PAVING CO 2708404 PUBLIC WORKS CONTRACT 0.00 591(
1020 590400 01/11/02 1724 SISTER CITIES INTERNATIO 1103300 ~ DUES 2002 0.00 41(
1020 590401 01/11/02 2294 SPECIAliZED PRODUCTS 1108830 SUPPLIES #15076 0.00 53(
1020 590402 01/11/02 2088 SPECIALTY TECI~ICA~ PUBL 1108005 RSNERAL/ENVIRON COMPL 0.00 40C
1020 590403 01/11/02 1954 SPHERION CORPORATION 1107301 J.GEORGE #/E 12/16/01 0.00 100fl
1020 590404 01/11/02 M2002 ST. JOSEPE OF CUPERINO C 110 RFD L~IUSED I~'.RCH.DEPOSI 0.00 253
RUN DATE 01/11/02 TII~ 08:11:50 - FINANCIAL ACCOIH~TING
01/11/02 CITY OF CUPERTINO PAGE 14
ACCOUNTING PERIOD: 7/02 CHECK REGISTER - DISBURSID~ENT FIleD
SELECTION CRITERIA: transact.trans_date between "01/07/2002u and "01/11/2002"
FUND - 110 - GENERAL FUND
CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... S~LES TAX AMOUNt,
1020 590405 01/11/o2 1421 STAGEY STEELE 1108504 TIME/MATERIALS 0.00 910.~'
1020 S90406 01/11/02 2369 STEVEN GROVER & ASSOCIAT 1108601 FINAL RPT & DELIVERY 0.00 4783..
1020 590407 01/11/02 529 SUNGARD PENTAMATION, INC 6104800 TRAXNING/INTERNET 0.00 300.0~.
1020 590407 01/11/02 529 SUNGARD PENTAMATION, INC 6104800 TELEPHONE CHARGES 0.00 16.86
TOTAL CHECK 0.00 316.86
1020 590408 01/11/02 M2002 SUNNYVALE-CUPERTINO 1101500 MURRAY & KILIAN 0.00 60.00
1020 590409 01/11/02 698 TALLY'S ENTERPRISES 1108312 TIME/MATERIAlS 0.00 1875.00
1020 590409 01/11/02 698 TALLY'S ENTERPRISES 2708403 FY 2001-2002 OPEN PUEC 0.00 23531.18
1020 590409 01/11/02 698 TALLY'S ENTERPRISES 1108401 TIME/MATERIALS 0.00 775.00
TOTAL CHECK 0.00 26181.18
1020 590410 01/11/02 701 TARGET STORES 5806349 SUPPLIES #15634 0.00 176.36
1020 590410 01/11/02 701 TARGET STORES 5806349 SUPPLIES #15642 0.00 86.36
TOTAL CHECK 0.00 262.72
1020 590411 01/11/02 /42002 THE WALL STREET JOURNAL 1104000 SUBSCRIPT RENWL I YR 0.00 199.00
1020 590412 01/11/02 M2002 THOI~, JULIE 1101000 RESERV. FOR D.S]~NDOVAL 0.00 45.00
1020 590413 01/11/02 712 TRACTOR EQUIPMENT CO 6309820 INSTALL AND FARRICATE 0.00 .40
1020 590414 01/11/02 1905 TRAFFIC SAFETY CORP 1108602 B~E C~ EXTENSION 0.00 619.71
1020 590415 01/11/02 M TP~,'VUONG 580 Refund: Check - RETUR 0.00 300.00
1020 590416 01/11/02 727 U S POS~IA~TER 1103400 BULK PERMIT #239 CUPSC 0.00 125.00
102o 590417 01/11/02 1631 UNITED GREEN ~tARK INC 1108314 CI{~GES FOR SERVICES 0.00 856.35
1020 590418 01/11/02 2442 VAC~NT STARE 1103300 WINE BOTTLE LABEL 0.00 350.00
1020 590418 01/11/02 2442 VACANT STARE 1101000 POSTER GRAPHIC (S.JANE 0.00 100.00
TOTAL CHECK 0.00 450.00
1020 590419 01/11/02 310 VERIZON WIRELESS (FORMER 1108501 #309369653 DEC2001 0.00 60.43
I020 590420 01/11/02 310 VEEIZON WIRELESS (FORMER 1102403 #608881609 DEC2001 0.00 1.82
1020 590421 01/11/02 750 VISION SERVICE PI~ (CA} 110 JAN2002 INSUR~CE PREM 0.00 2067.70
1020 590422 01/11/02 768 WEST GROUP PAYMENT CENTE 1101500 MCOUILLIN MilNI CORP 0.00 184.68
1020 590423 01/11/02 779 WEST-LITE SUPPLY CO INC 1108501 PARTS/SUPPLIES 0.00 9.33
1020 590424 01/11/02 2574 WSSTBUENE SUPPLY INC. 5708510 SUPPLIES #15041 0.00 210.56
1020 590425 01/11/02 784 NI~'nUR SMITH ASSOCIATES 1108601 FINALIZA AND UPDATE PL 0.00 1~=~.00
RUE DATE 01/11/02 TIME 08:11:51 - FINANCIAL ACCUONTING
1020 590426 01/11/02 2560 WI~I~ P Y~ ~S~UC 2709443 ~LIC NOR~ ~ 0,00 318
1020 590427 01/11/02 ~002 WORKING S~T 1107301 OFF ~ ~I~ 0.00
1020 590428 01/~1/02 M ~, J~S L. 580 Refund: ~eck - Rental 0.00 1
1020 S90429 01/11/02 794 XEROX ~R~TION 1104310 ~ 2001-2002 OP~ ~C 0.00 8
1020 S90430 01/11/02 2000 XPE~ FZ~T AID 1108504 S~PLIES 0.00 2
1020 590430 01/11/02 2000 XPE~ FIRST AID 1108509 SUPPLIES 0.00 1
~ ~E~ O. O0 4
1020 590431 01/11/02 1608 ~CK E~ONICS INC 1108101 BE~ ~ ~LE ~ 0.00 2
1020 590431 01/11/02 1608 ~CK ELE~ONICS INC 1108101 BELD~ ~ ~ ~D 0.00 2
1020 590432 01/11/02 79~ ~ R~ ~FI~ S208003 Y~TE PROC N~2001 0.00 160
T~ ~H AC~ 0.00 12288.
'~T~ RE~RT 0.00 12288~
RUN DATE 01/11/02 TINE 08:11:51 - FII~IqCIAL AOi"OU~TINO
RESOLUTION NUMBER 02-013
-' 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 WAOES PAID ON
~anuary 18, 2002
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 $391,663.57
Less Employee Deductions $(124,276.66)
NET PAYROLL $267.386.91
Payroll check numbers issued 58224 through 58441
Void check number(s)
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of ,/anuary ,2001, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
CiW Hall
10300 Torte Avenue
._ Cupertino, CA 95014-3255
CITY 0~: Telephone: (408) 777-3220
CUP[I INO FA×:(408)777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. q Meeting Date: January 22, 2002
SUBJECT
Monthly Treasurer's and Budget Report - November 2001
BACKGROUND
Attached is the Treasurer's and Budget report for the period ended November 30, 2001.
The report includes all funds in control of the City.
Investments
The market value of our current portfolio totaled $45.8 million at month end with a
maturity value of $46.2 million. The City intends to hold investments until maturity to
redeem full value of the securities currently with a maturity value below market value.
The current investment portfolio increased about $.5 million. Expenditures remained at
an even pace for the city as a whole, while the first major property tax receipts and grant
revenues for the fiscal year were received.
The investments of the City of Cupertino are in full compliance with our City investment
policy and/or State law. Investments are tiered to adequately provide the City with
sufficient cash flows to pay its obligations over the next six months.
Revenue/Expenditure Trends
General fund revenues are still well below budget projections at the end of November,
due primarily to the timing of major tax payments received by the State and County later
in the year. The City's transient occupancy tax is down 25% from last year, reflective of
a decline in the travel industry as a whole. Property transfer tax revenue is running at
about half of last year's pace due to a softening in the real estate market. Other revenue
sources remain consistent with the prior year.
General Fund operating expenditures also remain below budget (13.9%).
Printed on Recycled Paper
RECOMMENDATION:
Staff recommends that the City Council review and accept the November Treasurer's and
Budget report.
Submitted by: Approved for submission:
· Ferrell {? ' David W. Knapp
Deputy Treasurer City Manager
of ¢ pm no
· November 2001
~UHREA ! POB:z ~)LIO
CASH
11/30/01 CupeflinoN~i,~! Bank 544,(J~1 544,051 S44,051
~A 544,~t S44,0Sl Ma, SSt
IL-'ORPORA l P., ]~ONL~ 0 0
0
CORP ! O o
LA t 1/30~1 SUe Pool 6~ 3.34% 23~6~i,2(JZ 2J~631~2fJ~
.~ MONi~Y MAAIO:I P~INL.~
11/30/01 O~ateY hy Tn~t Company 6~ 4..3S% 71~75 71,875 71,875
11/30/01 CuponinoNatl-Svn~p-_~_,~nt 6j 1.96% 1,7.39.307 1~239,307 1~7.39,307
.ao;oz S~h~ 6j Z.88% Z95 ~95
07/09/93 04/i .~07 P iII.MC(P) 6k 6.71% 1,015,609 i JXX),000 732,843
0900/93 09/15/07 i'HLMC(P) 6k 7.42% 2,481,211 2,400,000 1,726,553
08/02/01 02/07/05 i'HLMC(P) 6k $.07% 1,500,000 1,500,000 1,546,410
08/07;01 0~02/0~ ~tlLMC(P) 6k 5.26% 1J00,000 i J00,000 ! J30,000
09/30/93 0~/I.~08 Ftfl. MC(P) 6k 6.62% 2,931,025 2,860,000
MO 10~927~J4 IQ~?-l~-+-nQO 1O,06S~I&
01/10/00 . 12/'Ji~! Trusur~Nom 6~ 6.31% 2,499,630 2,.~00,OOO
01/10/00 06/30/02 "l'masm~ Note 6a 6.33% 2,498,990 2,5(X),000 2,36.3,273
06/2.q/~ I IO0/02 '~rensury No~ f~ $.~0% 2,499,447 2,.q00,000
02/07/00 0600/03 Treasm7 No~ 6i 6.62% 2,456J23 2JOO,000 2,610,1~0
US 9t.~4~O lOsQ0O~O0 10~Z71~75
Fotal Mauled tortfob 46,3~,1Z4 46,346~fl0
~verap Lenstb to Mamri~ 0m yenn) !.00
City of Cupertino
November 2001
A{JIIVI i Y DA'It'' ADJUST{aL) MAI OKII Y' MARK~I
IPUR{.:HA81. { MAILIRIIY DFa,SL;,KII'{,IuN R.E,I' YI~ n (~O~T VALUta
Total Trust & Agency Porffo lo ~9,440 39,440 ~9,~J~
[ON~ R~r, RV~ POR ~ ¥OLIO
04/06/93 01/01/03 I P~Po - 93 A Jb~*l~e Fd (40097~ 0.65% 2,8~3,437 2,833,437 2,833,437
12/16/92 Money Mkt - 92 A ~ Fd (40095~) 1.87o/e 847,1~1 847,141 847,141
12/I 6~2 Mo~ey ~ - 92 B R~erve Fd (4G0963'! 1.87% 1,346,~33 1,346~33 1,346~33
i S,027,110 S,027,110
Bond Reserve Portroll~ S, M6,210 ~,M6,210 S,M6,210
J lnvestments B~ Type
--' I Mmiqed L~ortl'olio
LAIP
$1%
~ C)hli_a'jinm
24%
3%
-- 1%
I
Rate of Return Comparisonl
?,00%
·
4.00~ ............................... ~ '- i~ ....
11/00 12/00 01/01 02/01 03/01 04/01 05/01 9/01 7J01 6/01 9/01 10/01 11/01
COMPLIANCE WITH INV~STM~NT POLICY
City of Cupertino
November 30, 2001
Category Standard Comment
Treasury Issues No limit Co.~plies
US Agencies (eg FHLMC) No limit Co.~plies
Medium T~-m Corporate Bonds/Notes 30% with A rating Complies
LAIF $30 million Complies
Money Market Funds 20% Complies
Maximum Maturities 25% up to 15 years Complies (FI-ILMC at 7 )~'s)
~ Remainder up to 5 years Complies
Per Issuer Max' 10% (except govts) Complies
Bankers Acceptances 180 days & 40% Complies
Commercial Paper 270 days & 15% Complies
Negotiable Certificates of Deposit 30% Complies
Repurchase Agreements 365 days Complies
Reverse Repurchase agreements Prohibited Complies
City of Cupertino I
General Fund Budget Report
Actual Actual % of Budget
i i/~0101 ................ :~00/01 Budget 2~01/02 Budl!et YT~ i 1-30-00 YTD 11-~0-0'i "' 0v~:)[~i~- .... ~tn~-i~"~re~d's ...........................
Taxes:
Sales Tax I 1,000,000 12,300,000 3,642,754 4,058,807 -20.80% Receipts up 1 I%.
i%pertyTax ..................... J'~i00,000 ' J3sM-00 ....... 190~611 ' ~02,ii:~ ' :'/~7~% .... ii~iiii~i-v-ed i i/01"forpfi0~'ear' ......................
."~r~.._-~!~_~ _Ot:__i:U-.~.~-~;~.-.'..' ~_~"-'i_~,~;~_0.0. '" 1,9~6,im ............ .... /~_'~J~_0' .'.i'] ~.'. i~'~ ~:_~.~-~4_-L~_~."~..- _i!.e_v-__&~ d~o~ ~;---~i!~i'_e. ni,~ith ih-~'i~s~ ......... ..'.-
Util!tyT~ ...................... 2,~97,_00-..0_ ....... a,~7_o_,o_~ ... 1184,189 1130,060 .... 7~?.p~_,~ ....... . . ..
Franchise Fees 1,894.000 1,920,000 378,688 ' 403:,~ -49.56%
.'.. '.Otl~i?~.e_-s. _--_ __~_.['- "_-.~-_-~i .'i..i_ _! ~36,~'~]i:' .'"i-ti'~l_],~ i~:'. ~' .' ....._~10;~!~ .... ~ ;.~66 '-.'i '.i "24].:[i?_: _:_-~-~i-0_~.~-r a~:S ~e~: -.t~_ e_s_~.~__~6~; ii~_~_~) ~am 'prior. yea~
Li~en~ .~._d P_e_mj_!!~_ ............. !,3 ! °,00~ .......... I ,.0-.7__5,0 _0~.. ........ 5_60~825 563,520 25.81%
Use of.M_o~y_ &_. _Pr_o_p_e_~t)~ .... !,831,000 ! ,8 _00..~0_09 ....... 8~,4L0! 1,041,~5 .... 3~.~I~A' ................................................. ..'
Inte~g~(e.?m_e~_m! ................... 2,75_6,063 ...... 3,1_47,_996 ...... 1,49_0~924 . !,$~14,~S8 i.. '20.~i4°,~ ................................................... . ...
Charges for Services 550,000 275,000 130,573 137,979 20~4~.,~ ............................................
Fines & Forfeitures ............... 5._00,090 ..........4_ _50_,0.0_(~ ........131,6.87' 179,878 =4.07% ...........................
(Steer Re,enue 100.000 . I,-8.0__0~0-0_0_ ...... !2!,5~f5_ ...... '~.'~'~.i'~3_0_'"~ ..-.'."'.i'_7~:~_~__~70~)~_~__b,~_ii_~a__i_;]~i;a's~!.e .......................................
_-~?Tt_n_l Rev~en~-.=~_~_~_.iii~ ..-]"-~ ........ :~-97J6,~0~3 32,997,996 9,426.243 .... ~ ........ _-.2_7.7_4~ .....................................
.': ....... . ...........................................................................
Administrative 1,525,595 ~,s~s,12s s~sYio '"~ai"/iiii ....... :~;~.iJ0%" i, ii0~'~-';"'~iiy iid~: ;,;;~7'l~;0u'i;'Hist Sociei~ ao~tio~-
La~ ~?6~'e~t .......... 5,687,278 5,805,16:"/ 1,791,476 ~,462,~2~8 ....... !:80_% ....................................................................
"(~munit~-§~'r~i-~ ....... __-i.i-~2-J,'~' "_-i.~..'_ 6.-~_~,'_~_~i..~..~.' '_.i ~$~_8~ ......... _225_~5_3__5 ........ -17.._8_4_~ ........ _H..u~m~__S_rv_._~n~_~_p?y_men~_m_~_d?_!l./_00_,!.2/__0~.~$~k).
_ _A_d~_inist~..~i_v_ e..._.S~y._ i_c~.. ............... _2t~21,_~,_7~7 ....... 3_,3 !_0-,_26_7_ ........ 1,446,8_8__8. ..... _i ,_4_ _1.3_,~4/ .............. _2:_47_°~ ..........................................................................
_. _R__..ec~.. _t.!..o~_.S..e?.!c.~ ..................... 1,7_9_2_,.96-_? ........ ?~6,3.~2_ ....... 6-69,.~0__2- ...... 7 15,_8_8.9_ ........ -/_3: _07,~ ......................................................................
...c_o?t~_._~__t?~e_!o_p_m~t ......... _:,_:.S__l.,t4_! ......... 3_,?!.~,3_s_~. .. ?:s,_9_s.5. ........ -9_0-~_,o~_~ ......... ~:_4_~76__ Co~.~_.~t~.o.p Ph~_C.~,.~__~.u?$100k .
Public Works .......... _9,3_6__6,60__8 .......... _9,536.,7.7.9. 3,062.526 3.402.270 -14.38%
-. ............. ........ .... 1.7.'iiii '.'"./."._"..-'.. '"17-7
~t-i.~..;rr~s f;; ii~- ................. i';~O0,biJo...... ~,92J,000 864;~ ....... ~,38'5 ........ ~J.O(~i,4' . ...
_Ope.~_in~g__T?_s_fe_rs__ O_~.t ....'i.-!~.~i.445 '8-797.0~0 . . =~,94_6_,~'_0~ ' 7~_J2;3~_5. ..i...ii_.:2~0;~0%' . _.'. _i..' ............................
- '~-e-t'l~-m~)L0~; ........... :6 108,~48 -5b1.843 -1,173:6~! -l.7gi:~J~-~ .........................................
Revenue Comparison
4,500.OO0
3.000.000 IYTD 11130100
B Y'I'D 11130/01
2.500,oo0
) Sales Tax
2.000.000 2 Pro~e~y Tax
3 TOT
4 Utility Tax
1.500,0OO 5 Franchise Fce~
6 Other
I0 Cha~es for Services
~O0.OOO I I Fines & Forfeitures
12 Other Revenue
Expenditure Comparison
IYTD 11130/00
BYTD 11/30/01
3 Community Serwce
6 Community Development
o
I 2 3 4 5 6 7
'- City of Cupertino
Summary of Budget Transfei:
11/30/01
Budget Revenue ! Expenditu~
Descrimion Acct # Adjustment Budeet i Budeet
2001/02 ADOFi'~D BUDGET 51,356,000! 49,455,000
2000/01 CARRYOVER:
Encumbrances various 4,941,059 4,941,059
Deparunent caro'ovc~s 702,632 702,632
Project carryov~s 9,417,929 9,417,929
City Hall remodel 110-9215-9300 320,000 320,000
Shorter Trust donation 550-0000-4765 32,500
Overlay Project Reimhursemeil~ 270-0000=4811 305,000
Resource Rec estlmnted rev. incr. 520-0000-4566 4,500
Equipment budget funding corteclion 630-0000-4910 -~ -32,000
Red iiF, ht enforcement program 110=0000-4811 150,000
Youth classes 580-0000-4663 52,000
TDA funding of bicycle facilities 270-0000 ~. ~.31 51,789
OJP eqnipment sub-grant , 110-0000 ~.~.31 17,996
-Traffic Congestion Relief - Foothill/SCB 2704)000-4416 58,256
EXPENDITURE ADJUSTMKNTS:
Shorter Trust - Senior Center Equipment 550=6549-6311 32,500 32,500
Overlay Project - SI/Saratoga 270-9450-9300 305,000 305,000
_.Resource Rec. programs . 520-8003-6206 4,500 4,500
Red light enforcement program 110-2101-7014 1 $0,000 1 $0,000
"Children's tile and muntl project 110-1042-7104 5,000 $,000
Chairs for Qninlan Center 580-6249-9100 52,000 52,000
Increase Code Enforcement salary 110=4530-5501 26,105 26,105
Bicycle facilities project 207-9702-9300 51,789 51,789
OJP equipment sub-grant 110-4400-7014 17,996 17,996
FoothilFStevens Creek Blvd. Overlay CCO 270-8404-7016 58,256 58,256
2001/02 AIMUST~D BUDGET I 51,996,041 65,539,766
Fund F,t,~ DescdDtion' ' -- C/O ~-- C/O budm~ Aclooted chancla Tolal Budize~ Encumbr~c~-'-~x~:iitum C~J~"'
210 9612 Minor Storm Drain Imlx'~v_ ........................ 71,081.38 150,500 225,051.38 ....... ..~_,]__~...0~_ __ _ . 160,871.38
215 9620 Store1 Drain Projects 1,029,204.32 1,029,204.32 1,029,204.32
270 9401 Bsrnter Removal 31,843.62 31,843.62 1,200.00 30,643.62
270 9411 W.$fev CTeek bike lane 21,115.54 21,115.54 240.00 20,875.54
270 9412 S.$telllng bike lane 0.00 24,712.14 24,712.14 24,712.14
270 9413 De Anz. a bike lane 0.00 41,166.34 41,163.34 480.00 40,683.34
270 9430 Sfev Canyon Rd widening ....... 94_a,_474.29 .1,070,905.87 1,166,380.18 53~-';97_43 42,369.08 1,059,488.66
270 9431 Sfev Crk/B~ney TiS modiflcst~._ __ 0.08 50,29O.40 60,2g0.40 48.17 80,244.23
270 9432 Hrnsid ~,~,",wi#a Tm modlf. ......... 75,0OO.0O 75,000.00 ....................................... ?__5_,.000.~
270 9435 N,~iI 4~,l,ood traf calming 0.08 0.00 150,900 190,900.00 8,400.00 141,900.00
270 94,36 Ste~ C~ Trail Bike fecilltk~ 0.00 30,219.99 30,219.99 30,219.99
270 9438 Miller Ave bike ~,:iEli~ 0.00 133,204.32 133,204.32 1,538.00 862.00 130,804.32
270 .~.:0 Wolfe bike feclEtJ~/knprov ?0,090.00 114,028.98 194,058.98 24,190.43 48,906.42 t 14,002.13
270 9441 Bikedeteclion enhancement 0.00 19,859.15 19,659.15 . 19,859.15
270 .'~.~.~ Bubi~McCfe#an I/S modif. 1,318.69 0.00 1,318.90 1,319.66 0.00
270 9446 DeAnza/St~ C~k czos~tmlk enh. 120,000.00 298,000 400,000.00 400,000.00
270 944]' I~ Avenue gateway 13,000.00 87,000.00 129,000 200,000.90 9,723.48 3,279.54 187,000.90
2]0 9448 F__n,~h_ ii bird bike lana~ 25,056.90 208,190.00 234,166.90 21,024.44 24,737.42 166,384.54
270 -"'~;9 M,~/Avenue Foolbrklge 166,1 38.14 0.66 498,500 568,139.14 66,705.71 128,177.43 38?,253.00
270 9450 Pavement Management 0.00 0.00 1,500,000 308,000 1,866,066.00 _ 1,302,903.48 253,048.27 189,288.29
270 9531 Ramp rr~;~ signal 280/85 390°674.39 66,299.41 479,883.80 390,674.39 89,209.41
270 9532 $R85/Sfev Crk T/8 modlllcstidn 44,627.13 21,992.00 66,319.13 38,75~.08 5,87t.08 21,902.00
270 9101 Sidewalk gaps umlncog.area 75,500 ?5,000.90 75,090.90
280 9213 McCfe#sn I~nc~ 1~19 in',~ov. 211,952.96 211,652.08 211,852.96
420 9108 Park Renovations 106,490.90 130,716.60 237,206.50 0.00 104,264.16 132,042.44
420 9115 Skafe Park 52,795.00 291,830.00 190,000 444,825.00 52,795.00 391,830.90
420 9116 San 'lhomas trail Improvements 137,?90.98 147,539.31 251,900 566,300.29 116,600.11 22,010.87 4Zi~,690.31
420 911 ? $fev Crk Trail msst~ plan stud~/ 1 90,000.98 150,000.00 790.00 149,290.00
420 9119 Union Pacific RR Imil 131,8~0.04 1,81g.10 133,979.14 15,146.40 119,804.35 1,728.39
420 9119 Portal park i~aik~,,~,,,4t 430,000 430,000.00 53,921.48 18,628.52 387,450.98
420 9219 8ewk:e nanter expanison 25,541.90 132,728.98 158,250.08 48,550.00 109,719.98
420 9223 C1~4c center knlxovements 0.98 290,980 200,000.00 200,000.00
420 9224 Civic center plaza improvemenls 0.00 166,000 198,000.50 198,000.00
420 9524 DeA/Iza~tev Cre~ -~lrl,l II1~,,;. 5,700.90 23,575.71 29,275.71 5,700.00 7,425.87 16,149.54
420 9527 14mnest~d/Timfeu T/S upgrsde 17,813.28 0.98 17,813.25 4,145.39 13,087.89 0.00
420 9528 266~Wolfe traffic safety Im~-ov. 53,9]0.83 365,545.03 419,921.66 45,981.09 8,253.95 366,379.92
420 9529 Wolfe Rd.~ 129,990.81 1,562.90 141,552.81 138,488.79 5,903.85 562.00
420 9530 Phase III Hnlsid 8rtedal rngmt 38,505.00 48,845.17 94,366.17 480.35 38,024.66 48,845. t?
Fund P~'oi# Des=lotion ClO--en~' ' 'C~ bud~.qet Adopted chan~e Total Budl;et Encumbra~'c~' ' Exmmditure Cuwent Bal.
420 9533 Green LED T/S lighls 6.00 20,036.18 ...... 260,000 286,036.18 22,717.72 .._ .2_,_282.28 261,036.18
420 9534 Advanced ITS De Anza blvd 40,838.73 355,126.00 500,000 895,958.73 208,957.91 11,454.82 675,536.00
420 9535 Aclal~__~e bTaf control system 48,993.31 6__~_,0~0_00- 300,000 998,993.31 691.207.43 7,224.88 300,561.00
420 ....9536 Stalling corridor T/S uF)gn~.- ........ 10,460._65 ...... 0.00 _.. 10,460.65 9,612.69 ....... 847.96 0.00
420 9537 Bubb con~__ T/S upgrade 6,537.91 0.00 6,537.91 6,007.94 ...... 529.07 0.00
420 6538 Prunerldge corrkJer T/S upgrade 10,460.65 0.00 10,460.56 9,612.71 847.95 0.00
420 9539 Wolfe/Pruneridge T/S upgrade 9,806.87 0.00 9,606.67 9,011.91 794.96 0.00
"'420 9540 Speed reduction program 24,959.12 60.8~ ........... 25,560.00 24,g29.12 80.88
420 9541 School Irafflc calming measure 60,638.04 333,156.00 393,824.94 182,95g:47 1'r?,856.11 32,985.46
420 9544 Safe routes CHS 560,560 500,000.00 560,000.00
423 6214 Library expansion 4,985.73 _. 4.61 4,985.73 0.93 5,462.27 (476.54)
423 9~ Ubrarycanslruc~ 1,954,349.15 0.95 1,500,000 3,494,346.15 2,168,950.95 155,311.34 1,170,946.91
424 9210 Senior Center Expansion 230,14628 221,190.81 451,337.09 0.00 256,468.80 244,958.4~
425 9313 Four Beacon Comer 0.00 295,108.53 295,108.53 295,108.6~
425 9314 Four Season Art Sculpture .... 94,563.70 94,563.70 94,563.71~
426 9212 Sports Clr.fllness expansion 2,740.07 1,936,080.62 1,688,820.69 23,194.77 38,850.32 1,636 805.61}
560 9105 Blacid~my Farm 0.00 314,938.04 175,000 469,959.04 7,771.30 9,692.05 472,47S.60
,580 9112 BBF master ptan etudy 156,000.00 150,560.00 165,000.0~
Total 4,300,483.38 9,417,928.89 7,269,000 305,000 21,292,407.56 6,003,923.27 1,656,280.90 13,620,203.49
.~ City Hall
10300 Torte Avenue
'~ Cupertino, CA 95014-3255
CIT~ OF Telephone: (408) 777-3220
CUPER TINO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. S Meeting Date: January 22, 2002
SUBJECT AND ISSUE
Appointment of Treasurer and Deputy Treasurer
BACKGROUND
During 1996, SB 109 was enacted which requires govet~unent agencies to appoint a treasurer and
deputy treasurer on an annual basis. The attached resolution extends the current appoin~ents of
the City's treasurer and deputy treasurer and complies with the state law.
This legislation was intended to provide ongoing review of investment issues by the governing
body.
RECOMMENDATION:
Approval of the resolution.
Submitted by: Approved for submission:
Carol A. Atwood David W. Knapp
Director of Administrative Services City Manager
printed on Recycled Paper
RESOLUTION NO. 02-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 01-186 AND APPOINTING TREASURER
AND DEPUTY TREASURER
WHEREAS, thc City has available funds to invest in accordancc with principles of sound
treasury management; and
WHEREAS, the City annually adopts an investment policy;
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino
hereby rescinds Resolution No. 01-011 and appoints Carol Atwood City Treasurer and Carol
Ferrell Deputy Treasurer effective January 22, 2002; and
BE IT FURTHER RESOLVED that the City Treasurer is empowered and specifically
authorized to invest and reinvest City funds in accordance with California Government Code
Section 53600; to buy, sell, trade and deal in authorized securities on margin or otherwise in
connection therewith and to pledge any and all securities for future delivery thereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of January 2002 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
~ City Hall
10300 Tone Avenue
CITY OF Cupertino, CA 95014-3255
CUPE INO
FAX (40fi) 777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM /D AGENDA DATE January 22, 2002
SUBJECT AND ISSUE
Authorization for the City Manager to execute a Memorandum of Understanding relating to the
Silicon Valley Intelligent Transportation Systems (ITS) Program.
BACKGROUND
This Memorandum of Understanding (MOU) is between the California Department of
Transportation (Caltrans), California Highway Patrol (CHP), City of Campbell, City of
Cupertino, City of Fremont, City of Milpitas, City of San Jose, City of Santa Clara, County of
- Santa Clara, Metropolitan Transportation Commission (MTC), Valley Transportation Authority
(VTA), and the Town of Los Gatos relating to the Silicon Valley - Intelligent Transportation
Systems (SV-ITS) Program.
The purpose of this MOU is to acknowledge the agreement of all parties to coordinate activities
and work cooperatively in the development and implementation of ITS projects in Silicon Valley
(portions of Santa Clara and Alameda counties). Furthermore, it sets forth a board and
committee to guide the program, and indicates the separate roles and responsibilities of each
agency in this process.
The SV-ITS Program will deploy projects to pexu,it multi-agency coordination of traffic
operations along freeways, expressways and arterials in Santa Clara County and neighboring
counties in order to mitigate congestion resulting from incident and day-to-day traffic. The
parties intend to incorporate the resulting ITS projects into their ~'affic signal management
systems and participate in real-time exchange of lxaffic data and information with' each other to
support regional traffic management.
The Silicon Valley Intelligent Transportation Systems Program goals are:
1. Improve signal coordination between agencies
2. Improve response to changing trnffic conditions
3. Manage traffic flows associated with freeway congestionfmcidents
· - 4. Better integrate transit services
5. Improve collection/dissemination of travel data
P~lnted o~ Recycled Paper
The MOU ensures that the agencies work cooperatively to achieve these goals and strategies for
intelligent transportation system .projects within the Program.
One of these projects is the SV-ITS West Corridor Project. This project will coordinate traffic
signals on Stevens Creek Boulevard and will also connect with key Caltrans traffic signals at the
interchanges of SR 85/Stevens .Creek Boulevard, 1-280/Stevens Creek Boulevard, and I-
880/Stevens Creek Boulevard.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 02- 0 [ 5' , authorizing the City
Manager execute a Memorandum of Understanding relating to the Silicon Valley - Intelligent
Transportation Systems Program.
Submitted by: Approved for submission:
Ralph A. Quails, Jr. V David W. Knapp
Director of Public Works City Manager
RESOLUTION NO. 02-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHOI~7.ING THE CITY MANAGER EXECUTE A MEMORANDUM OF
UNDERSTANDING RELATING TO THE SILICON VALLEY INTELLIGENT
TRANSPORTATION SYSTEMS PROGRAM.
WHEREAS, the Silicon Valley Intelligent Transportation Systems (SV-ITS) Program
partnership seeks to deploy regional projects to improve roadway efficiency, reduce pollution,
and save time and money for the traveling public through the effective operations and
management of the transportation system; and
WHEREAS, the project will enable a more effective management of traffic congestion
within the West Corridor of Stevens Creek Boulevard; and
WHEREAS, the purpose of this Memorandum of Understanding (MOU) is to
acknowledge the agreement of all parties to work cooperatively in the development and
implementation of ITS pwjects in Silicon Valley (portions of Santa Clara and Alameda
counties); and
WHEREAS, the parties to the MOU desire to cooperate to ensure that the development of
the SV-ITS Program promotes regional deployment, supports regional projects, and supports
inter-operability; and
WHEREAS, the provisions, terms, and conditions of the aforementioned MOU have been
reviewed and approved by the City Attorney and the Director of Public Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the City Manager and the City Clerk to execute a Memorandum of
Understanding relating to the Silicon Valley - Intelligent Transportation Systems Program.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
.Cupertino this 22"d day of January 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
- RESOLUTION NO. 02-016
A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF CUPERTINO
AUTHORIT. ING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS, YOUNG CHANG KIM AND
IN SLIK K/M, 22714 ALCALDE ROAD, APNS 342-44-004, 342-44-028
WHEREAS, there has been' presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Young Chang Kim and In Suk Kim, for
the installation of certain municipal improvements at 22714 Alcalde Road and said agreement
having been approved by the City Attorney, and Developers having paid the fees aa outlined in
the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22~ day of January 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Resolution No. 02-016
Page 2
EXHIBIT '%"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Young Chang Klm and In Suk Klm
LOCATION: 22714 Alcalde Road, APNS 342-44-004, 342r~.~.~028
A. Faithful Performance Bond: Off-site: $ 8,000.00
On-site: $ 24,300.00
EIGHT THOUSAND AND 00/100 DOLLARS
TWENTY-FOUR THOUSAND THREE HUNDRED AND 00/100 DOLLARS
B. Labor and Material Bond: Off-site: $ 8,000.00
On-site: $ 24,300.00
EIGHT THOUSAND AND 00/100 DOLLARS
TWENTY-FOUR THOUSAND THREE HUNDRED AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 1,975.00
ONE THOUSAND NINE hqSNDRED SEVENTY-FIVE AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $ 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 695.60
SIX HUNDRED NINETY-FIVE AND 60/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Reimbursement: N/A
L. Maps and/or Improvement Plans: As specified in
Item #23 of agreement
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
(408) 777-3354
CITY OF FAX: (408) 77%3333
CUPE INO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM I ~ AGENDA DATE: January 22, 2002
SUBJECT AND ISSUE
Auction of Surplus Property
BACKGROUND
In 1998, the O'Brien Group granted to the City title to three improved lots located in the
Oak Valley subdivision. The lots were obtained as in-lieu park dedication fees from the
developer.
During consideration of the 2001-2002 budget, the Council approved the sale of these
-- properties and included an estimate of the proceeds in the projected revenues for the
budget. The staff has completed the preliminary steps in the disposition of the property.
The next step is for the Council to formally declare the property as surplus to the needs of
the City and set the date for the auction on March 18, 2002.
STAFF RECOMMENDATION
It is recommended that the City Council approve Resolution No. 0~-I~ Iq , setting March
18, 2002 as the date to conduct an auction to sell the Oak Valley lots.
Submitted by: Approved for submission:
Ralph A. Quails, Jr. David W. Knapp
Director of Public Works City Manager
Pnnte~on RecycteoPaoer ~ ~o
RESOLUTION NO. 02-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING
ITS INTENTION TO SELL SURPLUS REAL PROPERTY
March 18, 2002
WHEREAS, the City of Cupertino, hereinafter referred to as "City" is now the owner of
that certain real property which is located at Canyon Oak Way, Hammond Way and S~ra Street,
Cupertino, California, commonly known as the Oak Valley subdivision, and more particularly
described in Exhibit "A", attached hc'reto and incorporated herein.
WHEREAS, said property is not needed for any governmental purpose and that it is the
jud~u~nt of the City Council of the City of Cupertino, for the best interests of the City, that said
prop~x~y be sold to the highest responsible bidder or bidders under the authority of Section 37350
et seq. of the Government Code of the State of California.
WHEREAS, the City has complied with all the legal requirements established for the sale
of surplus property including the requirements specified in Section 54220 et seq. of the
Government Code of the State of California.
NOW, THEREFORE, it is hereby detcmiined and ordered that said property shall be
offered for sale under the following terms and conditions:
1. BIDDING DATE
The City of Cupertino shall offer for sale three (3) improved residential lots. The bidding session
is to be held on Monday, March 18, 2002, at 6:00 P.M. in the Lower Level Conference Room (C
& D) of the City Hall, 10300 Torre Avenue, Cupertino, California.
2. WRITTEN BIDS
Written bids shall be presented on the Bid Form as shown in Exhibit "B." Bidders can use the
attached fom~ or obtain additional copies of the Bid Form as noted in Paragraph 14 of this
Resolution. The Bid Form must be received by the City Clerk of the City of Cupertino before
6:00 P.M. on the date of the bidding session.
The Bid Form should be completed and placed in a sealed envelope along with the appropriate
deposit as described in Paragraph 5. The outside of the envelope should state that it is a
"SEALED BID". The bid can be mailed or hand carded to the City Clerk, City of Cupertino,
10300 Torte Avenue, Cupertino, California 95014. Mailed bids should be placed in a second
envelope and addressed accordingly.
3. MINIMUM BID
The minimum acceptable written bid shall be as follows:
· Lot 13, Tract 9075 $1,200,000
· Lot 2, Tract 9075 $1,$00,000
· Lot 11, tract 9054 $1,600,000
Resolution 02-017
· All bids submitted must be cash bids. Bids £or less than the minimum bid amount will be
- rejected.
4. TERMS
Bids shall consist of au unconditional offer to purchase a lot for cash, payable in full, in cash,
cashier's or certified check at the close of escrow. A successful bidder shall be given three (3)
days aRer acceptance of bids to execute a purchase contract (Exhibit "C") and thirty (30) days
thereafter to close escrow unless extended by written mutual consent of the parties.
5. DEPOSIT
(a) Amount of Deposit
All submitted written bids must be accompanied by a certified cashier's check in the amount of
thirty-five thousand dollars ($35,000.00). The deposit should be made payable to the City of
Cupertino.
00) Number of Deposits
An individual or entity may submit written bids for one or more lots offered at the bidding
session. The amount of the deposit needed to accompany a written bid(s) should equal
$35.000.00 per lot. An individual or entity who is an unsuccessful bidder with respect to any
· - given bidding round, may apply his/her deposit to any subsequent bidding round. If any
individual or entity desires to purchase more than one lot, the submitted written bid should
denote the number of lots desired to be purchased along with a deposit amounting to
$35,000.000 for each lot which the individual or entity desires to purchase. A bidder who has
submitted a deposit for one lot and is the successful high bidder on one of the offered lots, will
not be permitted to bid on any subsequent lots offered unless the bidder has tendered additional
deposit monies prior to the commencement of the oral bidding as defined in paragraph 5(c) of
this Resolution. A bidder who has submitted a deposit on two lots can continue to bid on lots
offered until two successful bids have been made on two lots. A bidder who has submitted a
deposit of $105,000.00 with his/her written bids can participate in the bidding for all 3 lots. All
bidders have the right to increase their deposits at the bidding session in accordance with the
terms outlined in Paragraph 5(c) of this Resolution.
(c) Deposits Required of Oral Bidders
Those individuals or entities planning on participating in the oral bidding but who have not
submitted a written bid with deposit shall be required to tender prior to the commencement of the
oral bidding, a deposit amounting to forty-five thousand dollars ($45,000.00), per lot to be bid
upon. The deposit must be in the form of a certified or cashiers check made payable to the City
of Cupertino. If the bidder desires to bid on two lots during the oral bidding, a deposit in the
amount of $90,000.00 is required. Three bid opportunities require a deposit of $135,000.00.
_. All bidders who have submitted a $35,000.00 deposit with a written bid which complies with the
terms herein, shall not be required to submit any additional funds to participate in the oral
bidding unless that bidder desires to increase their deposit monies in order to purchase additional
lots.
Page 2 of 6
Resolution 02-017
(d) Forfeiture of Deposit
In the event a bid is accepted and the bidder fails, within the time allotted herein, to execute any
documents related to the sale, including the purchase contract, or otherwise does not p~d'orm
according to the terms of the bid, then said bidder will forfeit an amount equal to $35,000.00 for
the lot successfully bid upon and subsequently not purchased. The difference, if any, r~maining
after subtracting the $35,000.00 forfeiture from the original deposit will be refunded to bidder
upon the determination that bidder does not desire to consummate the sale.
(e) Return of Deposits
Deposits of unsuccessful bidders will be returned after the City's final acceptance of the
successful bid, but in no case, will such period extend beyond ten (10) days after the bidding
session. City shall pay no interest on any deposits.
6. TITLE
Title to the pwperty shall be conveyed by Grant Deed subject to all liens, encumbrances, or other
cloud on title which may affect the pwperty. A copy of the preliminary title report is available at
the City Offices, Department of Public Works, 10300 Torre Avenue, Cupertino, CA.
7. LOT INFORMATION
An informational binder pertaining to the three lots is available for the public's review in the
public works depa~hiient, Monday - Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to
4:30 p.m. The binder contains a tract map; street impwvement plans; geological reports;
preliminary title reports and Declaration of Covenants, Conditions and Restrictions for Oak
Valley Development. Any questions regarding development requirements may be referred to the
appropriate city departments: Building (777-3228), Planning, (???-3308), or Public Works
(777-3354).
8. ACCEPTANCE OF BIDS
The accepted bid, this Resolution and exhibits thereto and thc executed Purchase Contract
(Exhibit "C") shall constitute the contract of purchase in accordance with thc terms outlined in
these documents. The City Council of thc City of Cupertino reserves thc right to accept a bid that
at its sole discretion deems to be in/he City's best interest. The City Council of thc City of
Cupertino reserves thc right to reject any and all bids, waive any irregularities, be thc sole judge
of thc responsiveness of thc bids and to determine which bid constitute thc greatest return to the
City.
9. CLOSE OF ESCROW
The transaction shall be consummated through an escrow to be opened by the buyer (successful
bidder) at Fidelity National Title Co.; 10300 South De Anza Boulevard, Suite A; Cupertino,
CA 95014. All escrow and other costs including title insurance, any taxes, charges, or fees
assessed by local, state, or federal governments as a result of thc subject pwporty transfer, shall
be borne by the buyer.
Page 3 of 6
Resolution 02-017
10. POSSESSION
The City shall turn over possession of the premises to the purchaser at the close of escrow. The
City shall maintain existing insurance coverage on the property prior to close of escrow.
The successful bidder may have reasonable access to the prei~fises for the purpose of studies
related to the development of the property prior to the close of escrow. The successful bidder
will hold the City harmless for any damage to, or loss of personal property, or personal injury
incurred by the successful bidder, or representatives, agents or ~mployees of the bidder, should
such damage, loss or injury occur on the subject property so long as the City retains ownership
and occupancy of the property.
11. REAL ESTATE BROKERAGE COMMISSIONS
The City agrees to pay a brokerage commission to licensed real estate brokers, in an amount not
to exceed 3% of the purchase price, provided that such commission and the person to whom it is
payable is specified in that bid which is finally accepted by the City as the highest responsible
bid, and provided that the amount of any such bid shall be determined net of any commission so
specified. Such real estate commission shall be payable out of escrow at close of escrow.
12. ATTORNEY FEES
In the event that any legal action or litigation is undertaken by the City to enforce the provisions
of the bid offer or any subsequent written agreement to execute such offer, the successful bidder
- agrees to pay reasonable attorney fees incurred by the City.
13. BIDDING PROCEDURES
The following procedure will be used in conducting the sale of the property herein.
(a) All written bids must be delivered to the City Clerk of the City, 10300 Tone Ave.,
Cupertino, no' later than 6:00 p.m. on the date of the bidding session, March 18, 2002. The
Clerk will open the written bids at the commencement of the bidding session which shall be
6:00 p.m. The bidding session shall be held in Conference Rooms C & D (lower level), City
Hall.
(b) The Clerk will announce the highest written bid for the first lot. The criteria used to
determine the highest responsible bidder would be the bid that gencrates the highest net
revenue to the City of Cupertino (net revenue is defined as that amount to be paid to the City
after subtracting the brokerage commission, if any, l~om the bid pricc).
(c) Thereafter, oral bids for thc first lot will be solicited. The first oral bid shall exceed the
highest written bid by at least $5,000.00. Each subsequent oral bid must exceed the prior oral
bid by at least $1,000.00. Again, oral bids may be made by parties who have, or who have
not submitted written bids, provided, however, only those parties who have submittcd a
deposit either prior to the commencement of the oral bidding or with a written bid will be
allowed to participate in the oral bidding.
Page 4 of 6
Resolution 02-017
(d) Upon completion of the oral bidding, thc highest individual bidder and thc second individual
bidder shall immediately cause thc bid to be reduced to writing on the appropriate form
(Exhibit "B").
(e) The Clerk will tentativcly accept the high and second highest bid for all three lots, adjourn
the bidding session and deliver the two high bids to the City Council. The City Council, at its
sole discretion, will resolve both the method of sale of the lot being offered in a given round
of bidding and the respective successful bidder. The City Council reserves the right to accept
a bid which it determines to be in the City's best interests. Thc City Council also reserves the
right to reject any and all bids and call for a new bidding session.
(f) Final acceptancc of the high bid for any lot shall bc made by thc City Council. The Council
will detcs,~ine which bid is in the best interests of the City,
(g) Upon final acceptance of the highest responsible bid for each lot by the City Council, the
Purchase Contract (Exhibit "C") for each lot shall be cxecuted within three days of said
acceptance and an escrow shall be established by the successful bidder at Fidelity National
Title Company; 10300 S. De Anza Blvd., Suite A, Cupertino, CA 95014. Escrow shall
close within thirty (30) days from the date of executing thc Purchase Contract. At escrow
closing, buyer shall deposit in cash with said escrow company an amount equal to the bid
less deposit plus all closing costs, loan fees, and any other costs required to close the sale.
Upon close of escrow, the City shall receive the net cash amount as provided by the escrow
officer and the buyer shall receive a grant deed to the property as provided in Paragraph 6.
14. REQUESTS FOR ADDITIONAL FORMS A.ND PROCEDURES
Additional Bid forms and copies of this Resolution which serve as the instructions to bidders will
be forwarded to interested parties by mail or telephone request. Those interested should write or
call:
CITY OF CUPERTINO
Public Works Department
10300 Torte Avenue
Cupertino, CA 95014
Phone: (408) 777-3354
15. PUBLICATION AND POSTING
The City Clerk 'is directed to cause to be published a notice of intention to sell real properly in a
newspaper of general circulation within the City of Cupertino for a period of four weeks prior to
the bidding session and is also directed to post the property with a copy of said notice at least
thirty (30) days prior to the bidding session.
PASSED AND ADOPTED by the City Council of the City of Cupertino, this 22nd day of
January 2002, by the following vote:
Page 5 of 6
Resolution 02-017
Vote: Membe~ of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Page 6 of 6
EXHIBIT A
PLAT MAP & DESCRIPTION
All that certain real property situated in the County of Santa Clara, State of
California, described as follows:
All of Lot 11, as shown on Tract No. 9054, which was filed for record in the
Office of the Recorder of the County of Santa Clara, State Of California, on
July 9, 1998 in Book 705 of Maps, page 13, 14, 15, 16, 17, 18, 19, 20, 21
and 22.
TRACT NO. 9054
0. 917 ACRES (GROSS)
0. 784 ACRES (NET)
AlaN: 342-58-011
EXHIBIT A
PLAT MAP & DESCRIPTION
All that certain real property situated in the County of Santa Clara, State of
California, described as follows:
All of Lot. 13, as shown on Tract No. 9075, which was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California, on
July 9, 1998 in Book 705 of Maps, page 23, 24, 25, 26, 27, 28 and 29.
TRACT NO. 9075
~. ~N~ ~ 0. 693 ACRES
APN: 342-$9=013
1" = 200' ~s
EXHIBIT A
PLAT MAP & DESCRIPTION
All that certain real property situated in the County of Santa Clara, State of
California, described as follows:
All of Lot. 2, as shown on Tract No. 9075, which was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California, on
July 9, 1998 in Book 705 of Maps, page 23, 24, 25, 26, 27, 28 and 29.
TRACT NO. 907~
0. $79 ACRES
~A)N: 342-$9-002
Resolution 02-017
EXHIBIT "B"
BID FORM - A PORTION OF OAK VALLEY SUBDMSION
TO: CITY OF CUPERTINO
City Clerk's Depatiment
10300 Torte Avenue
Cupertino, CA 95014
1. THE UNDERSIGNED HEREBY PROPOSES AND OFFERS TO PURCHASE
LOT(S) , IMPROVED RESIDENTIAL PROPERTY WITHIN TRACT
NO.(S) COMMONLY KNOWN AS "OAK VALLEY SUBDMSION".
CASH BID PRICE:
Bidder herebytenders$ representing a deposit or deposits for the
purchase of' lots.
If the successful bidder fails to complete the purchase in accordance with the specified terms,
$35,000.00 of the deposit shall be forfeited.
2. Bidder's Name
(Principal)
Entity
Individual, Panne~hip, Corporation
Address
Street City State Zip Code
3. Telephone number: Day Night
4. The undersigned bidder submits this bid subject to all the terms and conditions of the
Resolution of Intention to Sell Surplus Real Property,
dated 2002, and agrees to bound thereby.
Signature:
If partnership and/or co~poration:
Title:
State of Incorporation:
Exlu'bit B
Page 1 of 2
Resolution 02-017
BROKER'S COMMISSION
The following information should be completed if a real estate commission is to be paid to a
duly licensed real estate broker in the event this offer is accepted. Such commission is to be
deducted from the stated cash bid price to determine the net bid
If this bid is finally accepted and sale of the property is consummated in accordance with the
bid as provided in the resolution, City shall pay a commission of
Dollars ($ ).
Said commission shall not exceed three percent (3%) of the cash bid price stated herein. The
commission is to be paid in accordance with the temps of Resolution dated January 22, 2002.
Real Estate Brokers Signature:
Real Estate Broker's Name:
Broker's Address:
Bidder's Signature:
Bidder's Name:
If Applicable:
Company Name:
Title:
Exhibit B
Page 2 of 2
Resolution 02-017
- EXHIBIT "C"
PURCHASE CONTRACT REC~FPT FOR DEPOSIT
AND ESCROW INSTRUCTIONS
This Agreement dated this day of ,2002, is made by and
between the City of Cupertino ("Seller ") and
("Buyer")
RECITALS:
1. Pursuant to the appropriate provisions of the California Government Code, Buyer has
made a bid to purchase the pwperty described herein and Seller has accepted such bid.
2. Seller has received from Buyer the sum of
Dollars, $ ("Deposit") evidenced by a'certified or cashier's check payable
to the CITY Of CUPERTINO, as a deposit on account of purchase of that certain real
property situated in the City of Cupertino, County of Santa Clara, State of California,
described as Lot(s) ("Property") of Tract No. as
shown on the map filed July 9, 1998, in Map Book , Pages
NOW, THEREFORE, the parties hereto agree as follows,
1. Agreement of Purchase and Sale
Subject to the term and conditions as set forth herein, Seller shall sell and Buyer shall
purchase the property for a total purchase price of $
2. Payment of Purohase Price
The purchase price for the property shall be paid as follows:
2.1 Buyer has already paid Seller a deposit of $
2.2 No later than thirty days after this agreement is executed Buyer shall deposit with the
Escrow Holder for delivery to Seller at close of escrow, cash or a certified or cashier's
check made payable to Fidelity National Title Company in an amount
of $ (the full amount of the purchase price less deposit) plus closing
costs necessary to closc escrow. In the event that Buyer falls to deposit the total cash
required within the time specified, Seller shall retain $35,000.00 of thc previously
paid deposit. The timc specified may be extended by mutual agreement between Buyer
and Seller.
Exh~it C
Page 1 of 3
Resolution 02-017
3. The Closing of Sale Transaction Through Escrow
3.1 The purchase and sale of the property shall be completed within thirty (30) days aider
executing the Purchase Contract Receipt for Deposit. The closing of the sale shall be
through an escrow to be opened at the following title company ("Escrow Holder"):
Fidelity National Title Co.
10625 S. De An~,a Boulevard, Suite A
Cupertino, CA 95014
3.2 Instruments in respect to the purchase and sale shall be deposited in escrow by Buyer and
Seller as follows:
(a) Seller shall deposit, prior to close of escrow, a grant deed duly executed by Seller
in recordable form.
(b) Buyer'shall deposit cash or a certified or cashier's check for the amount required
to close escrow pursuant to Paragraph 2.2 of this agreement.
4. Notices
Any notice, request, demand, instruction or other communication to be given to any party
hereunder shall be in writing and delivered personally, or sent by registered or certified mail
as follows:
Seller: CITY OF CUPERTINO
City Clerk
10300 Torte Avenue
Cupertino, CA 95014
Buyer:
Notice shall be deemed to have been given when delivered personally or two days after
mailing to the above address if mailed. No notices shall be effective unless and until persons
entitled to notice have been notified in accordance with the foregoing. The addresses for
purposes of this paragraph may be changed by giving written notice of such change in the
manner pwvided herein for giving notice. Unless and until such written notice is received, the
last address and addressee as stated by written notice, or as provided herein if no written
notice of change has been sent or received, shall be deemed to continue in effect for all
purposes hereunder.
Exhibit C
Page 2 of 3
· Resolution 02-017
5. Further Assurances
Buyer and Seller agree that at any time, or from time to time after thc execution of this
Agreement and whether before or a/ter the close of escrow they will, upon request of the
other, execute and deliver such documents and do such further acts and things as such party
may reasonably request in order to effect fully the purposes of this Agreement.
6. Survival of Covenants
Each of the covenants and agreements contained herein shall, to the extent applicable, survive
the close of escww.
7. Successors and Assigns
This Agreement shall bc binding upon and inure to the benefit of each of the parties hereto,
and to their respective successors and assigns.
8. Captions
Thc captions in the Agreement are inserted only as a matter of convenience and for refcrenco
and in no way define thc scope or extent of this Agreement or the construction of any
provisions herein or of any document or instrument referred to herein.
9. Time
Time is of the essence in this Agreement.
10. Entire Agreement; Amendments
This Agreement embodies the entire Agreement and understanding between the parties
relating to thc subject matter hereof and may not be amended, waived or discharge except by
an instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought. This Agreement supersedes all prior agree~ents
and memoranda. Thc invalidity of any one of the covenants, agreements, conditions or
provisions of the Agreement, nor any portion thereof, shall not affect the remaining portions
thereof or any part hereof and this Agreement shall be construed as if such covenant,
agreement, condition or provisions had not been inserted herein.
11. Attorney's Fees
Should any suit be brought to enforce the t~,ms of this Agreement or any obligation herein
expressed, the prevailing party shall be entitled to reasonable attorney's fees, costs and
expenses herein incurred.
Exhibit C
Page 3 of 3
Ci~ Hall
10300 Torte Avenue
--- · Cupertino, CA 95014=3255
Telephone: (408) 777-3210
CITY OF FAX: (408) 77%3366
CUPFI INO Website: www.cupertino.org
PARKS AND RECREATION DEPARTMENT
STAFF REPORT
Agenda Item Number ~ Agenda Date: January 22, 2002
SUBJECT AND ISSUE
The Iranian Federated Women's Club and Payvand Cultural School have submitted a fee
waiver request for the Fourth Annual Fundraising Gala at the Quinlan Community Center
on Sunday, Jnnu__n_ry 27, 2002.
BACKGROUND
'-' The non-profit organizations, the Iranian Federated Women's Club and Payvand Cultural
School, are seeking in-kind support from the city for the Fourth Annnal Fundraising
Gala. The one-day fundraiser will include dance, music, and food. Puts-ant to the City
of Cupertino's facility use policy, adopted by the City Council, a Cupertino-based, non-
profit organization providing a service to the community shall receive a waiver of fees
relative to their event.
STAFF RECOMMENDATION
Staffrecommends that the City Council waive room rental fees at the Quinlan
Community Center in the approximate amount of $1,400.00 for the Iranian Federated
Women's Club and Payvand Cultural School's Fourth Annual Fundraiser on Sunday,
January 27, 2002.
SUBMITTED BY: APPROVED FOR SUBMISSION
TO CITY COUNCIL:
~th, Director D ~d~~p, City Manager
Parks and Recreation
Pnnted on Recycled Paper
M~. ~cnt Watt.rs
~c~i~ Supervisor £o~ Cupertino Parka and 1~. Dept.
~01~5 N. 8~eL~ng Rd.
C~pe~ino~ CA 950~4
Dear Tom,
The Iranian Federated Women'a Club and PayvandCultural School are
seeking funding and supporting to bring our cultural perspective to this
wonderful diverse community by sponsoring the Fourth annual Fundraising
Gala scheduled at Quinlan Community Center in Cupertino on January 27,
2002.
This support will underwrite a one-day fundraising that will include a
wide variety of community activities such as dance, music, and food.
Our area of focus: Young Iranian Americans, like many immigrant
children, face the challenge of integrating their ethnical identities in
a new environment. It is imperative for our future young Americans to be
proudly aware of their cultural heritage and use it to continue our
country's unique cosmopolitan fiber.
Our Organization and its Mission: Iranian Federated Women's Club and
Payvand cultural school are non-profit corporations that work to aid our
younger Iranian Americans to become highly trained citizens who maintain
their own cultural heritage. This is done through scholarship programs
and classes in English and Farsi languages, dance, music, painting, and
other activities. In addition we contribute to our American environment
by supporting various activities that integrate our young people and
children to become Americans in a positive way.
I would appreciate if you would be kind enough to once again wave the
fee for using the community room on the above date.
Please do not hesitate to call me at (408) 865- 0969, should you have
any questions. Thank you for your consideration and cooperation.
Sincer_e~y,
Fariba Nejat, President
City Hall
10300 Torre Avenue
~' Cupertino, CA 95014-3255
CIP/OF Telephone: (408) 777-3220
CU PFI INO F~: (408)777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. la'[. Meeting Date: January 22, 2002
SUBJECT AND ISSUE
Request from the Cupertino Chamber of Commerce and Cupertino Rotary Club for
fee waiver of the facility use fees at Quinlan Community Center for the Annual State
of the City address by the Mayor
BACKGROUND
The Chamber of Commerce and Rotary are requesting a fee waiver for the "State of the City
Address" to be held at the Quinlan Community Center on Wednesday, January 30, 2002. The
request is for a fee waiver for use of the Cupertino Room. This request and event is consistent
with council's fee waiver policy. A letter from the Chamber of Commerce requesting the waiver
of fees is attached.
Council has traditionally waived such requests from qualified organizations.
RECOMMENDATION:
Council waive facility use fee of $137.50 for the Cupertino Chamber of Commerce and
Cupertino Rotary Club at the Quinlan Community Center on January 30, 2002.
Submitted by: Approved for submission:
Carol A. Atwood David W. Knapp
Director of Administrative Services City Manager
FROM : Cupertino Chamber of Commerce F~ NO. : 41~8 252 ~ ,Tan.
Cupertino Chain. be.r .of Commerce
Your Partner m S#tc° n Valley
De, october 18, 2001
Carol Atwood
City Hall
Parks & Recreation
10300 Tone Ave.
Cupertino, CA 95014
Dear Carol:
This year, a~ in past years, the City is a co-sponsor with the Chamber for the Mayor's
"State of the City Address". The event will be on January 30, 2002.
At this l~lllcheon, the City & Challlber honors members of the Fire and the Sheriffs
Departments. Since this is a co-sponsored event, we would like to continum the fee
waiver for the Qui_~jan Community Collter that ha~ heel1 in effect for previous years.
Th~mk you for your assistance.
Prog.~un Manager
www. cupertlno-c~mber, org · infc~:uper~no.cr~amOer, org
20455 SilveradoAvenue · Cupertino, CA95014 · (408J 252-7054 · FAX(408)252-0638
City of Cupe
10300 Torre Aw
-- Cupertino, CA 95
CITY OF (408) 777-3
FAX (408) 777-3
CUPE INO
Community Development Departn
Housing Serv~
SUMMARY
Agenda Item No. I~ Agenda Date: January 22, 2002
Subject:
Approval of transfers totaling $71,054.82 in Community Development Block Grant (CDBG) funds
from various accounts to Cupertino Community Services Vista Drive development account.
Recommendation:
Staff recommends approval of the transfer of $71,054.82 in CDBG funds from various accounts to
the Cupe. rtino Community Services Vista Drive development account.
Discussion:
The Urban County CDBG program, administered by the county of Santa Clara, requires city
council approval of any transfers over $10,000. The subject transfers are merely a matter of
"housekeeping" and do not allocate additional funds to the development. The city has already
· - allocated $2,705,000 to CCS's 24-unit affordable housing development located near the corner of
Stevens Creek Boulevard and Vista Drive. Of the $2,705,000, currently $506,367.21 is CDBG funds
while the remaining $2,198,632.79 comes from the Affordable Housing Fund. If the requested
transfers are approved by the city council, $577,422.03 will be allocated from CDBG, with the
remaining $2,127,577.97 being allocated from the Affordable Housing Fund.
The bulk of the money being transferred is coming from a CDBG account established for the
construction of a dining room at Sunny View Lutheran Homes' senior housing development
located at the corner of Cupertino Road and Foothill Expressway. Sunny View Lutheran Homes
was able to construct the dining room without the assistance from the city and has consented to
the city's reprogramming of the $50,000 (see attached letter). The remainder of the money is the
being transferred from administrative accounts that are no longer used, but have a remainder
balance.
Prepared~y: Ve~,fl~Senior Planner
Steve Piasecki David W. Knapp
Director of Community Development City Manager
· '- Attachment: Resolution No,_0 2-
Transfer Control Record
Letter from Sunny View Lutheran Homes
Letter to County of Santa Clara
I I:\-CDBG\Transfer CC memo.dtx'
Printed on Recycled Paper
RESOLUTION NO. 02-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING THE TRANSFER OF $71,054.82 IN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
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 participates in the Community Development
Block Grant Program in order to provide affordable housing opportunities for very Iow
and low income persons and families; and
WHEREAS, the City of Cupertino City Council is required to approve the
transfer of all CDBG funds;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the attached Transfer Control Record transferring
$71,054.82 from various accounts to the 'Cupertino Community Services' Vista Drive
(Heart of Cupertino) Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22na day of lanuary 2002 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest: Approved:
City Clerk Mayor, City of Cupertino
Q:\City Clerk\l~esolutions\2002 Resoluti(~.s\02,-Ol8 CDBG ~.DOC
Transfer Control Rec~)rd ~
Jurisdiction: City of Cupertino Date: January 22, 2002
Program Year: 2001-2002
Transfer No:l
FROM' " i! ............ TO : ' "
.' ..'..- :' : ..:.:.,.,".':'.. '.....' ~'"~;." ':." '.',, "!,'"": .... ' ~..:.. -':" '.¢.' '"' "' ' ........ ':.'-"..:'"':":'~7~. .' '"'
· ,..' '... .. ..,... ,,~.~...'~. ~ .......... ,...~.. ,~... ~ ~' , ,..",' -.' . '- . · . ~.~ .. ...~.;~....:...,-.. .... ...,. : .
Project..Na..m~..?~...,.¥,h..,,,..i?:L,'...'~.i~'i;~,~ Current'~..:~....:. Ath0bht.0!;~. Revised~'~;~;..P..roject. N~m.e/:,:'...;.¢~ -.. CurrenL,'.;:~... Amount~0f.~' R~.v.,i. sed?,...~:.
ACtiv tY~ #~?:.~.' :' .+:..!: ~.. :;. '..;.'~ ..". ~.:'~-'~ ~?~i!:. Ajl0c~ii0n';ii' ;~diii~l~:::'i~: AIIbcatib~"i;~~. Ab~ivi~j.'#:i::'.: ;.-':"" ,'=-."-' : ~ Ail0cati~n ;j'ransfe~;.'?.';' ~lJ~ti°n..:.: "'
Sunnyview Lutheran Home CCS-Vista Dr. Development
CU-99-12 $ 50,000.00 $(50,000.00) $ CU-02-12 $129,207.00 $ 50,000.00 $179,207.00
Public Service Grant Implementation CCS-Vista Dr. Development
CU-99-92 $ 5,054.82 $ (5,054.82) $ CU-02-12 $ 179,207.00 $ 5,054.82 $ 184,261.82
Public Service Grant Implementation CCS-Vista Dr. Development
CU-00-92 $ 8,000.00 $ (8,000.00)$ CU-02-12 $ 184,261.82 $ 8,000.00 $ 192,261.82
Public Service Grant Implementation CCS-Vista Dr. Development
CU-01-92 $ 8,000.00 $ (8,000.00)$ CU-02-12 $192,261.82 $ 8,000.00 $ 200,261.82
TOTAL TRANSFER AMOUNT OF THIS REQUEST: $71,054.82
YEAR-TO-DATE TRANSFER OF FUNDS FOR THIS JURISDICTION: $71,054.82
For County Staff Use Only:
1. Jurisdiction has approved the transfer of funds and submitted necessary documentation fo transfer?
Yes No Date
2. Does transfer require B/S approval? Yes No ~
If yes, B/S approval date ~ If no, approved by Project Monitor . Date
3. Is this project exempt from NEPA? Yes ~ No ~. If not exempt, what is date of Release of Funds. Date
4. Transfer reflected on program ledger and CCR? Fiscal Officer Date
Program Manager Date
G://cdbg/Transfer control record
"~.~ '~i,~ / '..,/, ~,.' ';-, ;'
-...... ~. ;~--.;-~-'~,-:- .
Sunny View
Lutheran Home
SUNNY VIEW MANOR
SUNNY VIEW WEST
10 Janua~ 2002
Vera Gill
City Planning Department
Cupertino, Ca.
Dear Vera,
Sunny View would like to release the $50,000 grant from CDBG funds back to
the city for reallocation to another need of the city.
Sunny View was able to build the dining/activity room at Sunny View West for its
assisted living program from funds raised for that purpose and from the West
reserves.
We thank the city for its consideration of this unique project of providing assisted
living to people of Iow income in a subsidized project.
Sincerely,
Ron Zielske
President, CEO
22445 Cupertino Raad, Cupertino, CA 95014 * [408) 253-4300 · FAX: (408) 255-6015 [.~ ....~
City of Cuperti~
10300 Torre Avenl
-'~ Cupertino, CA 950'
(408) 777-32'
(~ITY OF FAX (408) 777-33{
CUPE INO
Office of the City Manag,
January23,2002
Mr. Charles Chew
County of Santa Clara, HCD
1735 North First Street, Suite 265
San Jose, CA 95112
Dear Mr. Chew,
Enclosed is a Transfer Control Record covering $71,054.82 in Community Development Block
Grant (CDBG) funds. As shown by the enclosed resolution, the Cupertino City Council approved
- the transfers on January 22, 2002.
Please have your staff process the transfers on behalf of the city of Cupertino. If you have any
questions, please contact Vera Gil at (408) 777-3251.
Sincerely,
David W. Knapp
City Manager
{3'
Printed on Recycled Paper
City of Cuperti
10300 Torre Aven.
Cupertino, CA 950'
(408) 777-32!
CITY OF FAX (408) 777-33:
CUPE INO
Community Development Departme
Housing Servic(
SUMMARY
Agenda Item No. I ~ Agenda Date: [anuary 22, 2002
SUBJECT:
Adoption of Citizen Participation Plan Schedule for Twenty-Eighth Program Year
(2002-2003) of the Community Development Block Grant (CDBG) Program
DISCUSSION:
Federal Regulations require the City of Cupertino to adopt a schedule allowing for
public participation in the Community Development Block Grant program. Attached is
the schedule for fiscal year 2002-2003.
RECOMMENDATION:
Staff recommends Council approve Resolution No. 02- establishing the 2002-2003
-- CDBG citizen participation schedule.
Prepared by Vera Gil, Senior Planner
Su~mi/~/~'-~ Approved by:
Steve PiasecRi David Knapp
Director of Community Development City Manager
Attachments:
Resolution No. 02- t)l~
2002-2003 Citizen Partidpation Schedule
H:\-CDBG\Citizen participation plan.doc
Printed on Recycled Paper
'RESOLUTION NO. 02-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING A CITIZEN PARTICIPATION PLAN FOR
THE TWENTY-EIGHTH YEAR (2002-2003) COMMUNTIY
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 participates in the Community Development
Block Grant Program in order to provide affordable housing opportunities for very-low
and low income persons and families; and
WHEREAS, the City of Cupertino City Council is required to approve the
transfer of all CDBG funds;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Cupertino hereby adopts the attached Citizen Participation Plan for the Twenty-Eighth
Program Year (2002-2003).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22ha day of Ianuary 2002 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest: Approved:
City Clerk Mayor, City of Cupertino
S:\City Clerk\Resolutions\2002 Resolutions\02-019 C'DBG cil/z~ part. DOC
Iq- 2.,
City of Cupertino
2002-2003 Community Development Block Grant (CDBG)
citizen Participation Plan
Meeting and Application Schedule
January 22, 2002 Adoption of Citizen Participation Schedule
6:45 P.M.
February 22, 2002 Project Proposal Application Deadline
4:30 P.M. Community Development Department, City Hall, Lower Level
· Project proposals must be submitted to the City no later than
4:30 P.M. on this date.
There will be absolutely no exceptions
March 14, 2002 Affordable Housing Committee Meeting
3:30 P.M. City Hall, Lower Level, Conference Rooms C&D
· Affordable Housing Committee to review project proposals and
.-. hear testimony from applicants
· Affordable Housing Committee makes recommendations on
funding.
Recommendations are forwarded to City Council on April 1, 2002.
April 1, 2002 City Council Meeting (Public Hearing)
6:45 P.M. City Hall, Council Chambers
· Council to approve final recommendations for City CDBG
funds.
H:\-CDBG\CDBG Schedule.doc
City of Cupertinc
10300 Torte Avenue
· Cupertino, CA 95014
(408) 777-3251
CITY OF FAX (408) 777-3333
CUPEI INO Community Development Departmen!
Housing Services
SUMMARY
Agenda Item No. I~ Agenda Date: lanuary 22, 2002
Subject:
Approval of Community Development Block Grant (CDBG) agreement between the
County of Santa Clara and the City of Cupertino for fiscal year 2001/02 and
authorization for the City Manager to execute the agreement.
Background:
The Department of Housing and Urban Development (HUD) requires urban county
lead agencies to sign an agreement with each city participating in the Urban County
Cooperative Community Development Block Grant (CDBG) Program.
The attached agreement, with one amendment from last year, covers the 2001/02 fiscal
year and $678,254.60 in CDBG funds. This figure is a combination of $497,380.60 in the
City's administration and project accounts for previous years (see attached cash control
record) and a new allocation of $180,874 for the current fiscal year.
The amendment to the Cooperative agreement is not considered substantial. The
amendment consists of combining two paragraphs into one under the section entitled
'XV. Nondiscrimination".
Under this agreement the county of Santa Clara will continue to operate the
rehabilitation program on behalf of the city of Cupertino. There is a charge of $20,000
for this service as well as the loan funds. Funds for the program operation will continue
to be provided from accumulated program income.
Recommendation:
Staff recommends approval of the attached agreement and Resolution No. 02-. tbS3
authorizing the City Manager to execute the agreement for the City.
Prepar/d by: Ve~Senior ilanner
Steve Piasecki David W. Knapp
Director of Community Development City Manager
Attachment: Resolution No. 02- 0 20
Cash Control Record
CDBG City/County Agreement
C:\Plannin$\PDREPORT\CC\City county contract, dog _ I ~'~
Resolution No. 02-020
A Resolution of the City Council of the City of Cupertino
Approving the Community Development Block Grant Agreement
Between the County of Santa Clara and the City of Cupertino for
Fiscal Year 2001/2002 and Authorizing the City Manager to
Execute the Agreement
WHEREAS, the City of Cupertino participated in the Urban County Cooperative
Community Development Block Grant Program; and
WHEREAS, the Department of Housing and Urban Development requires an individual
contract between the County of Santa Clara and participating cities; and
WHEREAS, the City Council has reviewed the proposed contract and exhibits;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the City Manager to execute the agreement covering $678,254.60 in CDBG
funds for the period of July 1, 2001 through June 30, 2002 between the County of Santa Clara
and the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22na day of January 2002 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest: Approved:
City Clerk Mayor, City of Cupertino
G:/planning/pdreport/res/city-county contract
COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY/CITY CONTRACT
Contract No. -o2.-oo
THIS Contract is made and entered into by and between the COUNTY OF SANTA
CLARA, a political subdivision Of the State of California (hereinafter "COUNTY"), and the
CITY/TOWN OF curK,,~o (hereinafter "CITY") participating as
a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT
(hereinafter "CDBG") $oint Powers Agreement. The allocation of funds purs-ar~t to this
Contract shall be a grant. COUNTY approved the allocation and disbursement of CDBG funds
to CITY on May 8. 2001.
WITNESSETH
WHEREAS,. COUNTY has received CDBG Entitlement Program funds from the United
States Depa~hiient of Housing and Urban Development (hereina/ter HUD) as an entitlement
jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development
Act of 1974, as amended; and,
WHEREAS, COUNTY baa agreed to the use by CITY, as a subrecipiant, of a portion of
COUNTY'S CDBO entitlement for a housing program to be operated within COUNTY and
which shall benefit low and very Iow income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to allocate a portion of its CDBO entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Orant Administration" (570.504), to the CITY, as a
subrecipicnt of the County being the sum of Six hundred seventy-eight thousnnd two
hundred fifty-four dollars and sixty cents Dollars ($ 678,254.60
for the purpose of reimbursing the City for costs incurred to implement the housing program
(hereinafter "PROGRAM"). A lump sum figure is allocated for this contract and the parties
understand and agree that the allocation is di~ulbuted by the COUNTY through reimbursing the
CITY for allowed expenses, and no lump sum distribution of CDBG funds is made at the outset
of this contract. Reimbursement for Fiscal Year 2001/02 shall not exceed the total sum of the
beginning fiscal year Cash Control Sheet (fiscal year CDBO allocation of funds to CITY, and roll-
.over of unexpcnded CDBG funds from previous years allocations to CITY). CITY is granted
authority to also expend funds for eligible CDBG Housing aotivities from its approved
rehabilitation program revolving loan fund account, including accrued Program Income. Such
authority is based on CITY being in compliance with all Federal Rules and Regulations governing
the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines.
Santa Clara County
Housing and Community Development Program FY 01/02 City/County Contract
As a condition to this contract CITY shall submit numerous exhibits marked as noted herein~
attached to this contract, incorporated by this reference, as though fully set forth as follows:
Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed
Implementation Time Schedule) Exhibit-"D" (Budget), Exhibit "E" (Certifications), Exhibit "F'
(Assurances), Exhibit "O" (Insurance), "H" (Contracting Principles Documents), and, if
applicable, 'T' (Urban Cbunty Rvhabilitation Services) or an equivalent acceptable format for
providing this information, for all allocated CITY projects awarded funding during Fiscal Year
2001/02. The approved versions of such submittals shall become a part of this Contract by being
attached hereto md by this reference incorporating such submittals.
A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless
amended prior to its expiration, the terra of this Contract for disbursement purposes shall
begin on July 1.2001 and shall terminate on June 30, 2002, or unless terminated earlier
purs~nt to Section V or Section VII of this Contract. Invoices requesting disbursements
submitted after the expiration of the contract will be honored only for charges incurred
during the contract term.
B. The term of expenditure by City for the grant amount provided for herein shall begin on
July 1.2001 and terminate on the earliest oftbe following dates as set forth herein:
June 30, 2002. or later date per amendment to this Contract; the date of the expenditure
of the total grant, and/or program income amount provided for herein; upon the
termination date established pursuant to Section V or Section VII of this Contract.
HI. OBLIGATIONS OF CITY
A. City shall:
I. Provide COUNTY with written certification that the following infoi-iiiation will be on file
at the CITY offices, and will be subject to monitoring by HUD and/or COUNTY HCD
staff, or their representatives.
a. Names and addresses of the current CITY Manager and CITY Council members;
b. Copy of CITY'S approved Affi, aative Action Plan; and
c. Records of all CITY Council meetings dealing with CDBO matters.
2. CITY shall provide COUNTY with information and housing objectives for the Urban
County Comprehensive Housing Affordability Strategy (CHAS) and/or the Consolidated
Plan upon request at the beginning of each program year.
Santa Clara County 2
Ho~inl~ and Oommuniiy Oewlopmant P~ol]ram FY 01/0~ (~lly/0oun~ C.ontra~
B. pro,ram Performance by CITY. CITY shall:
1. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low
and very low incomc households.
2. File quarterly reports with COUNTY on the type and number of services rendered
through the operation of the PROGRAM and a description of the beneficiaries of these
services, which reports shall evaluate the manner in which the PROGRAM is achieving
its objectives and goals as a participating non-entitlement city.
C. Fiscal Reiponsibilities of CITY. CITY shall:
1. Appoint and submit the name of the CITY managerial staff who shall be responsible for
the financial and accounting CDBG activitics of CITY, including the receipt and
disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in
writing of the appointment of a new fiscal agent and that agent's name, and CITY will
submit three (3) new signature cards if applicable.
2. Establish and maintain an accounting system that shall be in confo,uance with generally
accepted principles of accounting. The accounting system shall be subject to review and
approval of COUNTY.
3. Document all PROGRAM costs by maintaining records in accordance with Section III,
Paragraph D below.
4. Submit to the COUNTY request for reimbursement, as needed, supported by
documentation as agreed to by CITY and COUNTY.
5. Certify current and continuous insurance coverage of CITY, subject to approval of
COUNTY and in accordance with requirements as outlined in Exhibit "O" (Insurance);
and obtain certificate of sufficient insurance from all subrecipients which shall list CITY
as additional insured.
6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of
any COUNTY funding and failure to comply with these conditions may, at the discretion
of COUNTY, result in the suspension of funding or termination of specific projects in
non-compliance; or initiate the suspension of funding or termination of this Contract as
provided for herein.
7. CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed
costs and ineligible activities may be identified through audits, monitoring or others
sources. CITY shall be required to respond to any adverse findings which may lead to
Santa Clam County 3
Housing and Community Development Program FY 01/02' City/County Contract
disallowed costs, subject to provisions of OMB Circular A-87, "Cost Principles for State
and Local Governments% and A-128, "Single Audits of State and Local Governments".
CITY s~l be required to respond to any adverse fin_dings which may lead to ineligible
activities, subject to provisions of 24 CFR Part 570.201-206 "Eligible Activities" and 24
CFR Part 570-207 "Ineligible Activities".
D. Establishment and Maintenance of Records. CITY shall:
1. Maintain complete and accurate records of all its CDBG transactions including, but not
limited to,' contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank
statements, client statistical records, personnel, property and all other pertinent records
sufficient to reflect properly:
a. All direct and indirect costs of whatever nature claimed to have been incurred or
anticipated to be incurred to perform this Contract Or to operate the PROGRAM;
and
b. All other matters covered by this Contract.
E. Preservation of Records. CITY shall preserve and make available its records:
1. Until the expiration of five years from the date of final payment to CITY under
this Contract; or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five years
from the date of termination.
F. Examination of Recorcls: Facilities. At any time during normal business hours, and as
often as may be deemed reasonably necessary, CITY agrees that HUD and the
COUNTY, and/or any duly authorized representatives may until expiration of: (a) five
years after final payment is made pursuant to this Contract, Co) five years from the date
of termination of this Contract, or (e) such longer period as may be prescribed by law:
have access to and the fight to examine Subrecipient CDBG records and facilities. The
CITY shall provide language in it's Contracts with all Subrecipients stipulating that at any
time during normal business hours, and as often as may be deemed reasonably necessary,
Subreeipient agrees that HUD and the COUNTY, and/or any duly authorized
representatives may until expiration of: (a) five years after f-malpayment is made
-- pursuant to this Contract, Co) five years from the date of termination of this Contract, or
(c) such longer period as may be prescribed by law: have access to and the right to
examine Subrecipiant CDB(3 records and facilities. CITY also agrees that COUNTY or
Santa Clara County . 4
Housing and Community Development Program FY 01/02 City/County Contract
any duly authorized representatives shall have the right to audit, examine, and make
excerpts or transactions of and from, such records and to make audits of all contracts
a~d subcontracts, invoices, payrolls, records of personnel, conditions of employment,
materials and all other data relating to the PROGRAM and matters covered by this
Contract. CITY will be notified in writing of intended audits. CITY will be notified in
writing of intended inspections of records and facilities and of intended audits no less than
three business days before such inspections or audits. CITY will be required to respond
in writing to the HCD Program Manager to any audit findings, and have the responses
included in the final audit report. The cost of any such audit will be borne by COUNTY.
G. Compliance with Law. CITY staff shall become familiar and comply with and require all
its subcontractors, independent contractors and employees, if any, to become familiar
and comply with all applicable Federal, State and local laws, ordinances, codes,
Regulations and decrees including, but not limited to, those Federal rules and Regulations,
executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY shall
comply with the requirements of OMB Circular No. A-87, "Principles for Dete, ssining
Costs Applicable to Grants and Contracts with State, Local and Federally recognized
Indian Tribal Governments", and OMB Circular A-128 "Audits of State and Local
Governments."
In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this
PROGRAM.
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Contract, COUNTY shall reimburse CITY
for all allowable costs and expenses incurred in connection with the PROGRAM, not to
exceed the total sum of the beginning fiscal year Cash Control Record plus all Program
Income accrued during the fiscal year. Reimbursement for eligible expenses will be paid by
COUNTY within thirty days (30) of the date the reimbumement request is received by
COUNTY HCD staff, under the provision that the CITY has complied with all
PROGRAM regulations, and contract conditions agreed to by CITY and COUNTY.
Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S
non-compliance to PROGRAM regulations and conditions. Substantial non-compliance
includes, but is not limited to, incomplete documentation of expenses, failure to submit
adequate documentation of PROGRAM progress as described in III, paragraph B.2, of
this Contract, failure to provide and maintain an accounting system that shall be in
conformance with generally accepted principles of accounting, or based on the suspension
or termination of the Grant to COUNTY made pursu_ant to the Housing and Community
Development Act of 1974, as amended.
Santa Clara County 5
Housing and Community Development Program FY 01/02 City/County Contract
B. In the case of CITY substantial non-compliance prior to exercising any recourse
authorized herein, COUNTY shall initiate the following procedure:
1. Notify the CITY Coordinator in writing of the alleged substantial non-compliance
and request an immediate meeting between CITY Coordinator and COUNTY
HCD Program Manager to resolve issue(s). If issue(s) is(are) not resolved
satisfactorily within thirty (30) days, notify CITY Manager in writing requesting
an immediate meeting between CITY Manager, CITY Coordinator and COUNTY
.HCD Program Manager to resolve the issue(s).
2. Determine if any portion of the reimbursement request meets all eligible criteria,
and if so, authoriz~ payment for the eligible portion of the reimbursement request;
3. Review the procedure to be followed under V. C. of this Contract (CONTRACT
COMPLIANCE, Corrective Action Procedure); and
4. If applicable, forward a written report to HUD's Regional Office detailing the
substantial non-compliance issues and the steps being instituted to correct
performance, copy to the CiTY Manager.
- C. Compliance with Law. COUNTY shall become familiar and comply with and require all
its subcontractors and employees, if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those Federal rules and regulations, executive orders, and
statues identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the
requirements of OMB Circular bio. A-87, "Principles for Determining Costs Applicable
to Crrants and Contracts with State, Local, Federally recognized Indian Tribal
Governments", and OMB Circular A128 "Audits of State and Local Governments".
In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to
this PROGRAM.
V. CONTRACT COMPLIANCE
A. ' Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance shall be the mutual responsibility of both COUNTY and CITY, with the
understanding that HUD looks to COUNTY as the sole responsible party for meeting
PROGRAM requirements. CITY shall furnish data, statements,, records, information and
reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to
monitor, review and evaluate the performance of the PROGRAM and its components.
COUNTY shall have the right to request the services of an outside agent to assist in any
such evaluation. Such services shall be paid for by COUNTY.
Santa Clara County 6
Housing and Community Development Program FY 01/02 City/County Contract
B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract
(24 CFR 85.43 "Enforcement") COUNTY shall have the right to te~i.inate this contract
or to require corrective action to enforce compliance with such provision. Examples of
non-compliance include but are not limited to:
1. If CITY knowingly has made any material misrepresentation of any nature with
respect to any infom~ation or data furnished to COUNTY in connection with the
..PROGRAM.
2. If there is pending litigation with respect to the performance by CITY of any of
its duties or obligations under this Contract which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM. The
CITY and COUNTY may negotiate a reinstatement of this Contract following
termination or conclusion of such litigation.
3. If CITY has taken any action pertaining to the PROGRAM, which action required
COUNTY approval, and such approval was not obtained.
4. If CITY is in default under any provision of this Contract.
5. If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation
Guidelines, or Joint Powers Agreement.
C. Corrective Action Procedure. Once non-compliance is established the following procedure
shall be initiated:
1. COUNTY HCD Program Manager and CITY Manager shall negotiate a time
frame and course of action for correcting the non-compliance;
2. Under this Contract, CITY shall provide COUNTY with a written plan and time
flame for correcting the non-compliance issue (s). Such plan shall be submitted by
CITY to COUNTY within thirty (30) days of the initial non-compliance meeting
between CITY and COUNTY.
3. CITY must initiate the corrective action procedure within sixty (60) days of the
initial non-compliance meeting between the COUNTY HCD Program Manager
and the CITY Coordinator (COUNTY, at their discretion, may extend this time
line for extenuating circumstances);
Santa Clara County 7 '
Housing and Community Development Program FY 01/02 City/County Contract
IE-(b
· - 4. COUNTY shall have the right to require the presence of CITY officers at any
heating or meeting called for the purpose of considering corrective action; and
5. CITY has the fight to appeal all findings of non-compliance, and subsequent
corrective action, with both the COUNTY Board of Supervisors and HUD.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the
foregoing, COUNTY may terminate or suspend this Contract by writtbn notice to CITY
for any of the following reasons:
1. The non-compliance issue(s) as set forth in Section V, B have not been addressed
and resolved within the aforementioned corrective action plan time period;
2. If CITY is in bankruptcy or receivership;
3. If a member of CITY'S management is duly found to have committed wrongful
acts in connection with the CDBO program (termination or suspension shall be
applied only to that portion of the CDBG program for which the person who
committed wrongful act is responsible);
.~ 4. If there is reliable evidence that CITY is unable to operate the PROGRAM.
Suspension.of payment or termination under this section shall be effective on the date
notice of termination is received by CITY, or such later date as may be specified in the
notice.
VI. PROGRAM COORDINATION
A. COUNTY. The County Executive shall assign a single PROGRAM MANAGER for
COUNTY who shall render overall supervision of the progress and performance of this
Contract by COUNTY. All services agreed to be performed by COUNTY shall be under
the overall direction of the PROORAM MANAGER.
B. CITY. As of the date hereof, CITY has designated
to serve as CITY CDBG Program Coordinator, and CITY MANAGER
(or assignee approved by the CITY
Council) to assume overall responsibility for the progress and execution of this Contract.
The COUNTY shall be immediately notified in writing of the appointment 0fa new
CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by
the CITY Council).
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the part/es at the following addresses:
Santa Clara County 8
Housing and Community Development Program FY 01/02 City/County Contract
COUNTY Charles Chew, HCD Program Manager
Housing and Cgmmunity Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
CITY
Name of CITY
Address of CITY
Name of CITY MANAGER
All notices shall either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or
seventy-two (72) hours after deposit in the United States mail. Any party may change his or her
address for the purpose of this section by giving five days written notice of such change to the
other party in thc manner provided in this section.
VIL TI~RMINATION
A. In addition to the COUNTY'S right to terminate for cause set forth in Section V, either
COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR
570, at Subpart J "Grant Administxafion", and/or 24 CFR 85.44 "T¢,,linafion for
Convenience". Provisions of the RealIoeation Onidelines will apply, but may be adjusted
if termination is for cause.
B. Upon termination, either under this Section VII or Section V, CITY shall:
1. be paid for all documented services actually rendered to COUNTY to the date of
such t~mfinafion; provided, however, COUNTY shall be obligated to compensate
CITY only for that portion of CITY'S services which are allowable costs and
expenses as determined by an audit or other monitoring device;
2. mm over to COUNTY immediately any and all copies of studies, reports and
other data, whether or not completed, prepared by CITY or ira subcontractors or
subrecipients, ii'any, in connection with this Contract. Such materials shall
become property of COUNTY. CITY, however, shall not be liable for
COUNTY'S use of completed documents if used for other than the services
contemplated by this Contract; and
Santa Clara County 9
Housing and Community Development Program FY 01/02 City/County Contract
- transfer to the COUNTY any CDBG funds on hand and any accounts rcccivable
attributable to the use of CDBG funds. All assets acquired with CDBG funds
shall be returned to the COUNTY unless otherwise negotiated by separate
Contract per thc provisions of the Santa Clara County CDBG REALLOCATION
GUIDELINES.
C. Upon termination of this Contract, CITY shall immediately provide COUNTY access to
and copies of (if requested) all documents, records, payroll, minutes of meetings,
coxrespondence and all other data pertaining to the CDBG entitlement fund granted to
CITY pursuant to this Contract.
VIH. USE AND DISPOSAL O1~ REAL OR PERSONAL PROPERTY
CITY and COUNTY will be accountable for all applicable Federal Regulations as detailed by 24
CFR Part $70, Subpart $, i.e. 570.500.(Definitions), 570.503 (Agreements with Subrecipients),
570.$04 (Program Income), and 570.505 (Use of Real Property) with regards to the use and
disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds.
A. In additii)n, 24 CFR Part 85 (The Common Rule) includes definitions under 24 CFR Part
85.3, however, Common Rule 85.31 (Real Property). DOES NOT APPLY TO CDBG
ACTIVITIES.
The following definitions will apply to this Contract:
B. De£mitions. 24 CFR, Part 85 (Common Rule) 85.3
1. Equipment means tangible, non-expendable, personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more per unit.
2. Title as defiued in detail in 24 CFR, Part 85.32 (a).
3. Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement. Use and Dis_position of Real Property as defined in detail by 24
CFR, Part 570.503 (Agreements With Subrecipients), 570.505 (Use of Real Property),
and 570.504 (Program Income).
santa c~ara County 10
Housing end Community Development Program FY 01/0~ City/County Contract
IX. PROGRAM INCOME
Income generated by the PROGRAM shall be regulated by all pwvisions of 24 CFR 570 Subpart
J "Grant Administration", and the Santa Clara County CDBG REALLOCATION
GUIDELINES. (C. 1. a.c. )
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CITY and COUNTY. CITY, including its officers, employees, agents,
independent contractors or subcontractors, shall not have any claim under this Contract or
otherwise against COUNTY for any Social Security, Worker's Compensation, or employee
benefits extended to employees of COUNTY.
XI. ASSIGNABILITY
A. This Contract may not be assumed nor assigned to another CITY, CORPORATION,
PERSON, PARTNERSHIP or any other entity without the prior written approval of
COUNTY.
B. None of the work or services to be performed hereunder shall be assigned, delegated or
subcontracted to third parties without the prior written approval of COUNTY. Copies of
all third party contracts shall be submitted to COUNTY at least ten days prior to the
proposed effective date. In the event COUNTY approves of any such assignment,
delegation or subcontract, the subcontractors, assignees or delegates shall be deemed to be
employees of CITY, and CITY shall be responsible for their performance and any
liabilities attaching to their actions or omissions. The use of the word "employees" in this
paragraph is limited solely to activities by those persons described herein, related to the
management and potential repayment of the program funds provided for in the Contract.
The use of the term here does not create liability for personal injuries, worker's
compensation or other forms of liability, obligation or responsibility which flow from
employee/employer relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROORAM pursuant.to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information shall be divulged only if permitted by law or as necessary for purposes
Santa Clara County 1 1
Housing and Community Development Program FY 01/02 City/County Contract
related to the perfo~l~lance or evaluation of the services and work to be provided pura~_~nt to this
Contract, and then only to persons having responsibilities under this Contract, including those
furnishing services under the PROGRAM through approved subcontracts.
NIH. HOLD HARMLESS
CITY shall indemnify and hold harmless, the COUNTY, its employees and elected officials,
boards and commissions, with respect to any damages, including attorney's fees and court costs,
arising from:
1. Any negligent act or omission, or willful misconduct arising out of any work or
service perfo/iiied by CITY, its officers, employees, agents or subcontractors
under the PROGRAM or this Contract, including but not limited to the evaluation
and monitoring of subrecipients PROGRAM performance.
COUNTY shall indemnify, defend and hold ha~tiiless, the CITY, its employees, officers,
officials, boards and commissions, and agents, with respect to any claims, causes of action,, or
damages, including attorney's fees and court costs, arising from:
1. The failure of COUNTY to reimburse CITY for eligible costs as defined by HUD
and this Contract; and
2. Any negligent act or omission, or willful misconduct arising out of any work or
service performed by COUNTY, its officers, employees, agents or subcontractors
under the PROGRAM or this Contract.
All additional provisions set forth in Exhibits "A" - "G", attached hereto and incorporated herein
by this reference, e.g. Insurance "G", shall be required by CITY of ail its program recipients.
XlV. WAIVER OF RIGHTS AND REMI~.r)IES
In no event shall any payment by COUNTY constitute or be construed to be a waiver by
COUNTY of any breach of the covenants or conditions of this Contract or any default which
may then exist on the part of CITY, and thc making of any such payment while any such breach
or default shall exist shall in no way impair or prejudice any right or remedy available to
COUNTY with respect to such breach or default. In no event shall payment to CITY by
COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the
amount of money paid to CITY on any item which is not eligible for payment under thc
PROORAM or this Contract.
Santa Clara County 12
Housing and Community Development Program FY 01/02 City/County Contract
XV. NONDISCRIMINATION
CORPORATION shall comply' with ali applicable Federal, State and local laws and regulations
including Santa Clara County's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
shall not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided under this contract because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
Amendments to the te,,ls or conditions of this Contract shall be requested in writing by the
party desiring such amendments, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement,
contains thc entire agreement between COUNTY and CITY with respect to the subject matter
hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers
Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract
shall affect or modify any of the terms of obligations contained in any documents comprising this
Contract.
XVIII. ATfORNEY'S FEES
In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of
this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
XlX. MISCELLANEOUS
A. The captions of this Contract are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, ampli~ or aid in the interpretation,
cons~uction or meaning of the provisions'of this Contract,
Santa Clara County 13
Housing and Community Development Pragram FY 01/02 City/County Contract
--- B. All exhibits attachcd hereto and referred to in th~s Contract are incorporated herein by this
reference as if set forth fully her~in.
IN WITNESS WHEREOF, the parties have executed this Contract in duplicate the day and year
above written.
ATTEST: COUNTY OF SANTA CLARA
Clerk, Board of Supervisors Chairperson, Board of Supervisors
APPROVED AS TO FORM AND CITY
Deputy County Counsel By:
APPROVED AS TO FORM:
City Attorney
FY 01/02
S¢pi. $, 2001
Santa Clara County 14
Housing and Community Development Program FY 01/02 City/County Contract
IS-
C~t'rmCaTlO~
6. Takinl~ uae of the foltowinS ~ wt~tt 30 calep, dar day~ of ~ ~
~fi~ ~t ~ ~ ~m of ~ ~i~ A~ of 1973,
. ~bb~ - To ~ ~ of ~ ~'s ~ ~ ~:
i. ~ F~~~ ~ h~ ~dw ~ ~ ~ ~m~fofi~ m ~
Con~_~ ~ phn - ~ ~ ~fi~ ~ ~ ~ ~ ~, HOME,.~O, nd HUlA
~ c~-!~t ~a ~ ~ pl~
S~3- It ~11 ~ ~ ~fi~ 3 of~ H~ nd Ua~ ~~t Act of I96B, ~
~e County Executive
Specific CDB~ Certifications
Thc Entitlement Cornmumty c~fies ~t:
Cl~en Pa~pu~n - It is ~ ~ull c~pli~e nd Followin~ s dc~il~ citiz~ pmicipefim~ pin ~t ntisfiu
~ ~u~ o~24 ~ 91.105.
Comm~ D~dopm~t ~u - I~ ~oll~ hous~ nd ~i~ devol~t pl~ i~tifles
~l~t obj~li~ that ~;~de ~c~t ~usmg, e~td ~c ~ifies ~l~ ~r
~s of low ud m~c~te inco~. (~e ~ ~ S70.2 i~d ~ 24 ~ ~70)
'Use of ~- It ~ ~li~ ~ ~ ~ollo~
i. M~m~ P~ble ~. W~ ~ a ~a~ ~pm~ ~ ~ ~:d ~ ~BG ~,
it ~ ~t it ~ d~ i~ ~fi~ P~ m as ~ ~ ~ ~ble
a~vifi~ which ~e~t Iow ~d ~ ~e ~{~j~ ~ ~d ~.~ ~6~ or eli~ti~
6~ sl~ ~ blight. ~c Act~n PI~ may ~o ~cb~ ~a~fi~ w~ ~ ~
e~=~ c~dit[o~ po~ a ~o~ ~ i~a~ ~t to the ~!~ ~ welt~
c~, ~ ~ ~ ~ am not available);
2. O~1 ~ ~c a~atc ~ of~BG ~ ~iu~ ~on 108 ~
aofi~hm ~t ~t such ~s~ ~ ~ ~i~md p~od;
3. S~i~ Ae~. It ~1 not a~mpt ~ ~v~ ~y caM~ co~a o~ ~ub~c
~ ~ ~BG ~ ~1~ S~on 1081~ ~ ~ b~
~cc oh~ or ~m~t ~dc as a c~h~ of'obalni~ e~as to ~h l~lio i~~.
~ j~ofi~ ~1 not a~ to ~o~ ~y ~pi~ ctts~ o~blic i~m~
~B~ ~, including Smfim 108, unlc~ CD~O ~ ~ ~ to pay a~c pro~ off~
~,~t a~buablc to ~e capital c~ of ~blic ~~ ~d
so~. ~ ads case, an ~t ~ ~ ~y ~ ~e ~st ~ p~ with'~ct
~ ~blic ~o~m~ ~n~d ~ · so~c ot~r ~ CDBG ~. Also,
~i~ o~ ~d ~c~ied ~ m~-~e (not iow-~) families, an ~t or
c~gc may be made a~ ~o ~ fbr pub.lie im~~ fl~noa~
· an ~DBO ~n~ iFthe~ic~ c~fl~ t~l it ~c~ CDB~ ~ ~ co~ thc a~cs~m~nt.
Excessf~ve Force - It bss edoptcd and is eu~o,~;ag:
j~io~ ~ my i~ ~ ~ ~-~o~t civil ~ ~~; ~
exit ~ ~ ~ ~ !~ which ~ ~ ~m of ~h n~-viol~t civil ~i~
d~~ ~ i~ j~i~on;
Complhuce 'With Anti-~U~rbslbmtioa laws - Thc grant will b~ conductmi and sdminiMm~ in coufmmity
with title VI of tl~ Civil Rights Act of 1964 (42 USC 200(ki). the Fair Housing Aot (42 USC 3601-3619),
trod tmplemmting ~es~lutions.
Lead-Breed P~lut-- Its notification, inspt~tion, te, sti~ and abatement procedures mmcemb~ leud-be~d paint
will comply with thc requirements of 24 Ct~lt §5?0.608;
Compliance with Laws - It will comply with applicable laws.
County Executive
Title
. .M)eciflc HOME Curflflc~'~ions
· h~ HOI~B pm'tiC~l~ting jurisdiction ccrtifiu that;
Tennnt Based Renttl AsSlstenee ~ If the participating jur~dlction intends to provide
The usc of'HOME funds for tenant-bascd rental assistance is tn csscntial element of thc pa~cipating
jurisdi~tion's consolidated plan for expandi~ the supply, nffordtbility, and nyaflability of'
deo~nt, safe. sanitmy, and affordable housing.
Kli~Fole Actlvftles smd Costs - it is using and will usc HOME ~unds for cligibic activities attd r, ost8, ~
desctlleed in 24 CFR § 92~.Q5 tbtou~ 92~J}9 and that it is not using and will not u~e I, IOM~ ~ds for
prohibited activities, as ae~xibed in § 92.214.
Appropriate lt'maneial Asdstance - bcfo~ commit~nI any funds to a project, it will cvuluat~ thc project in
accordance with the k~idclines thst it adopts for this purpose and will not invest any mc~ I-IOME funds
in combination'with other Fcdcral assistance t~,~ is nccemm'y to provide affordable housinl~;
County .Execut'i ve
Title
.LOCAL GOVERNMENT GRANTEE
EMERGENCY SHELTER GRANT8 PROGRAM
CERTIFICATION8 BY THE CHIEF EXECUTNE OFFICER
l. Rtchaed ~/tttenberg .Cbi~'F.L~veOfrmerof'
Santa Clara County · ~ ~ ~ ~ ~,-~ ~ ~ ~ ~b~ of ~
m~~~ ~i~~~2,l~7~t. [~~m~
(2)
(6) ~ ~~ ~ 24 ~ ~6.5~) ~ ~ U~ ~ ~ and
~ ~ ~elm.
(t0) Thc requiremer, pt ~c:ipients inyol~., m the maximum e.: )praeti¢_*hle, homeless
individuals and I~,dilies tn policym~ renovnzht~, mintaining,'and operndng fncilitin
nssis~ed under tl~ ESG pru~ram, and in providiq; nr~ic~s for occupants of* thu= Fucilitin
as provided by 24
(! I) ' Tit= requirements or* 24
rq;uhtims and proceduru applkmble with rup=t to tb~ euviromuem] rnvi~w
n=poM~lit~ und= the National Enviflmm~ntal Policy Act of 1~9 nnd =Luted
nutl~ as specified ia 24 CF~ l)~rt SI.
[ ~rther cefli~ tlutt tho submL~l~n
ca~irr,,ation.% v~ieh m:t as the q~plicaticm br n ~etlency btm* Grant, is authorized ureter Strum and/or
with ~he agplir, able la~.s and ~elpxlations of the Dqmrnnent of F,m~i~5 mad'Urban l:X. velopmenc
_.~'~l~ ~~ June 27, 2001
8isnntn~ of'Chlef c~r Date
Couqty'Execut~ve
~PPENDIX TO CERTIFICATIONS
INSTI~UCTION$ CONCI/Ih~flNG LOBBYING AND DRUG-FREI,.' WORKPLACE REt~UI~iENTS:
A. Lobbv/~ Certification
This certification is a material :eprcmimtlon of fact upon ~hich reliance was placed when this
~'~ctiou was nu~ or entered into. Submission (,f this oertifiontion is · prerequisite
for making or cntcring into this tran~tton impom( by section 1352, title 31, U.S. Codc.
Any person who fails to file the required oertifieatitm shall be subject to a civil penalty
of not less than S 10,000 and not more than S ! 00,000 for e-.ch such' fnilure.
1. By signing and/or a,,be~t~ this npplica~m m' ~rant a~cnnent, the
2. Thc ccrtJficatioa is a mataial *¢l, Ees~t4U. 'Oa of fact upon which relmTce is
placed when the agency awsrds the grant. 'If it is Ittt~' ck~ined tlmt the
~rautee I~nwingly tendered s ~ cer~ifi~ or othu~se violates the
tequimmm~ ofthe Drug-Free Workplace Act, HUD, in addition to Shy other
remedies available to tbe Federal Gvvennnmt, may take ~.-tion aut~dzcd under
the Dr.-Free Wodtplace Act.
~ant application= If the grantee does not bientify the workplaces ~t Ihe
time of application, or upon award, if there is no upplicntion, the grmtee
must kccp thc idcnt/ty of the workplace(s) ~m file in its office and nud~
thc inforum/on available for Fcdentl in~ Fa/lure to identif~ all
known worl~aces c~mstitutes a violation ofthe grantee's drug.flee
4. Workplace identtiicafions must include tbc a~,._-_ ! ~-e~'s ofbutldin~s
(or parts of bu/~dlngs) or othm' sites whae work under the ~'nnt takes
phcc. Cau~orical descriptions may be mod (e.g., all veh/cles of a n~s
transit authority or State highway department while in op=ati~m, State
employees in each locul uncmployn~nt office, p~ fon~ in concert
balls or radio stati0m),
5. lf'~ workplace identified m the apmcy chen~.s durinS the
pedornmncc of thc grent, th~ grant~ dali inform thc ~Senc7 ortho
cl~s), if'it previously identified the workp~ccs in qu~tion (~cc
par.~aph three).
6. The grantee may insert in thc space provided b~low the si~e(s) for ate
pcr~niaancc of work don~ in oonnc~ti~u with the spacific grunt:
Pla~c ofPcrfonnncc (S~xcct address, cit~, count, rotc, zip cod~)
Check if thee ar~ .wo~Inc~s on file that arc not idcnlified hew...
Thc cu'~ficatlon wilh rc~u~, to thc drug-free workpla~ is r~quired by 24 CFR part 24, subprt F.
7. t)cl'~ions of tcnns in thc Nonplus"merit Suspmsion md D~bmncnt
commoJa ~ and Drug-Ftys Workplace ccelmoa rule apply to thi8
ccflification. Grantees' attrition is called, in pm'ticulsr, to ~he follo~n~
defimtiom from thcsc rules:
"Controlled submncc" means a controlled substat~e ~ Schedules I through V of the
Con,fulled Substanocs Act (21 U.S.C. 812) and furth d f'm,d
re ¼ lon (21 t308. t ! through t305.tS);
"Conyiction" means u finding of guilt (includin~ a pica of nolo cuatmd~e)
impomlio~ of scu~-ncc, ~ both, by my jmlicial body ~ wi~h
~pomibilil7 to demutinc vlolalie~ of ~l,e Pedmd Q[ State
"Criminal dl~g statute' mcons a FedcYul or ~on-Federul c~iminal statute tuvolv~n$
manufncture, distribution, dispensing, use, of possession of any
'Employcc" metros ~c employee ora 8rantee directly ens~lSed in thc pcr~o~mnnce
work under a 8rant, incl,~i-~: (0 All "direct charge" employees; (ii) all
'indit~-t charge" employees tmlcss their inq~¢t of involvement is
insi.,~i_qcant to the pcrf~,,dncc of the gcmt; and (iii) temporsry
of work under the grant and who are on tie ~runtee's payroll. This
defmiti~ does not includo wodn~s not on tl~ l~YToll of the srante~
(e.g., volunteer~, even if used to meet a nm~J~ing ~qu/i~nen~;
consultants or independent cc~ract~A, ma on the ~,~,-,~ee's payroll; or
employees of subwcipicnu or subcontru.:t~s in covered workplaces).
ts-,?./,
ASS C S
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and rcquircments applicable to .the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with ~spect to the PROGRAM that it is in compliance wi/h the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part $70, Subpart K;
and will be condubted and administered in conformity with "Public Law 88.352 and Public.Law
90-284.
1. 870.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; EXecutive Order 11063, as emended by EXecutive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are cox)mined in
24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimirmtion.
3. ~70.603. Labor Standards.
4. $70.604. Environmental Standards.
5. 570.605. National Flood I_nsumnce Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Usc of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. Thc COUNTY, its
Subrecipients, agencies or instrumentalities, shall comply with thc policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (C-rants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Local Oovonunents-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
In.qitutions), as applicable, as they relate to the acceptance and use of Federal funds.
..._. under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
EXHIBIT F- ASSURANCES 1 REVISED 11/15~0 ( ~
11. 570.611. Conflict o£Interest.
12. 570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the consiruction or.planning of water or sewer facilities.
wsfl¥2OOO/Ol/flles
F.X~BIT F. ASSURANCE8 2 REVISED f l/15~0 (~ " ~.~
EXHIBIT
B-2 (HCD-O)
INSURANCE REoLrIR~MENTS FOR
NON-CONSTRUCTION /NON-PROI~SSIONAL CONTRACTS ABOVE $100.000
Indemnity
The Contractor shall indemnify,' defend, and hold ha,-,less the County of Santa Clara (here~-~ter
"County"), its officers, agents and employees from any c~nlm~ rmbirity, loss, injury or dsmage
arising out of, or hl w~ection with, performance of this ~ by Conh-aotor and/or its agents,
ernploy~..s or mb-conlractors, cxceptln..o only loss, injury or damage caused by the sole n~gligence
or willful misconduct of personnel employed by tbe County. It is the intent of rite parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
r~imburse the County for all costs, aItomeys' fees, expenses and liabilities incurred with respect lo
any litigation in whi~ the Contra~r is obligated to indemnify, defend and hold ha.aless the
County under this Agr~mcat.
Without limiting the Contractor's indemnifi~on of tho County, the Contractor shall provide and
main~n at its own expense, during the Irrm of this Agreement, or as may be further required
her~in, the following insurance coverages and provisions:
A. Evidence of Coverag~
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Special P~dorsement foLm shall accompany the certificate. Individoal endorsements
executed by thc insurance carder may be substituted for the County's Special Endorsement
form if they provide the coverage as'required. In addition, a certified copy 8f the policy or
policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County d~partm~t, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it bns obtained all insurance required and such insurance bas been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Conlractor.'
B. Qualifying Insurers
All coverages, ~xcept rarety,. ,stroll be issued by companies which hold a current policy
-- hold~s alphabetic and 6-~,ncial size category mtlng of not less ihan A V, according iu tho
current Be,~s I~ Rating Cmide or a company of equal, flnanoial st_sbility tha~ is approved
EXBmIT G
(H¢O-O)
C. ~nsur~nce Required
I. Commercial General Liability Insurance - for bodily injury (including death) ~nd
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations ~ggregate - $2,000,000
d. Personal Injury - $1,000,000
A mlnimuln of $0% Of each of the ~regat~ limits must remain available at all
~imes unless coverage is project specific.
2. General liability coverage shall include:
a. Premises and Operations
b. ProducL~Completed
c. Conlracox~! liability, expressly including liability assumed under this
Agreement.
d. Personal Injury liability
e. Owners' and Contractors' Protective liability
f. Severability of interest
3. C,;--neral liability coverage shall include the following endorsements, copies of
which shall be provided to the Counl~,:
a. Additional Insured Endorsement:
Insurance afforded by figs policy shall also apply to the County of Santa
Clara, and members of the Board of Supervisors of the County of Santa
Clara, and the officers, sgents, and employees of the County of Santa Clara,
individually and collectively, aa additional in.~ureds. Such insurance shall
also apply to any mtmlcipality in which the work occurs and they shall be
nsmed on the policy as additional insured (if applicable).
2
EXHIBIT G
B-2 (HCD-O)
b. Primary l,.mrance Endorsement:
I-.mn~nce afforded by lhe additional ~mred endorsement shall apply as
primary inmirallce, and other insurance ma~tsine, d by the County of Santa
Clara, its officers, agents, and employees shall be excess only and not
coniributing with insurance provided under this policy.
'C.. Notice of Cancellation or Change of Coverage Endorsement:
Insurance afforded by this policy shall not be canceled or changed so as iv
no longer meet the specified County insurance requirements without 30
days' prior written notice of such cancellation or change being delivered iv
the County of Santa.
d. Contractual Liability Kndorsement:
Insurance afforded by this policy shall apply to liability assumed by the
insured under written contract with the County of Santa Clara.
4. Automobile Liability Insurance
For bodily injury (including death) and property ~rnage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable iv all owned, non-owned and hired vehicles.
5. Workers' Compensation and Employe~s Liability Insurance
a. Statuivry California Workers' ComPenSation coverage including broad form
all-states coverage.
b. Employer's Liability coverage'for not less than one million dollars
($1,000,000) per occurrence.
c. Coverage under the United States Longshoremen's and Harbor Worker~
Aa shall be provided when applicable.
D. Special Provisions
The following provisions shall apply to this Agreement~
I. The foregoing requirements as to the types and limits of insurance coverage to be
ms;nt, lned by the Contractor md any approval of said in.mrance by the County Or
its i~urance consultant(s) are not intended to and sball not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
EXHIBIT G
B-2 (HCD-O)
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in ~s
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be appwved in writing by thc County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in wholc or in part by adequately funded sclf-in.~trance programs
or s~lf-insurance retentions.
3. Should any of the work under this Agreement be sublet, thc Contractor shall require
each of its subcontractors of any tier to carry thc aforementioned coverages, or
Conuactor may in.~'ure subcontractors under its own policies.
4. The County reserves the fight to withhold payments to the Contractor in the event
of material noncompliance with thc insurance requirements outlined above.
B-2 (flCD-O)
Rcvised 12/11/00 - all owned auto
- EXHIBIT H
DECLARATION OF CONTRACTOR ·
(to be completed by all Type I or Type II contractors)
A. [x] This is a Type I service contract un.der the Board of Supervisor's Resolution on
Contracting Principles. If this box is checked, please complete the following:
Type I Category: Section II C.6
Explanation: .. Contract with other public agencies.
B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting
Principles.
C. To be completed by Contractor:
The contractor currently has other County Contracts for the same or similar sen/ices:
[ ] Yes [ ] No
If Yes is checked, please list and describe contract, types and dollar amounts,
D. I am authorized to complete this fo.. on behalf of
(name of contracting entity).
I have used due diligence in obtaining this information, and this information contained
herein is complete and accurate.
Signature:
Name:
Title:
Contractor:
Date:
Contract8 #3
99/00 City/County Contra~
grg/9115/99
CONTRACT PROVISIONS TO IMPLEMENT THE
TERMS OF THE RESOLUTION RE CONTRACTING PRINCIPLES
[TYPE I CONTRACTS]
This contract is a. Type I service contract, subject to the Resolution of Contracting
.Principles adopted by the Board of Supervisors on October 28~ 1997. Accordingly,
Contractor shall comply with all of the following:
a, Contractor shall, dudng the term of this contract, comply with all applicable
federal, state, and local rules, regulations, and laws.
b, Contractor shall maintain financial records adequate to show that County
funds paid under the contract were used for purposes consistent with the terms of the
contract, These records shall be maintained during the term of this contract and for a
period of three (3) years from termination of this contract or until all claims, if any, have
been resolved, whichever period is longer, or Iohger if otherwise required under other
provisions of this contract,
The failure of Contractor to comply with this Section or any portion thereof may
be considered a material breach of this contract and may, at the option of the County,
constitute grounds for the termination and/or non-renewal of the contract, Contractor
shall be provided reasonable notice of any intended te~i~ination, or non-renewal on
the grounds of noncompliance with this Section, and the opportunity to respond and
discuss the County's intended action.
2
Type I Contm,~s/Exh I - p, 2
Contracting Principle,, . .
7/19/99
URBAN COUNTY HOUSING REHABILITATION SERVICES
EXHIBIT I
Description: The Santa Clara County Housing Rehabilitation Program provides services
to the City/Town: The County shall provide a large range of housing rehabilitation services
including application processing, bid process, loan preparation, construction monitoring
and loan servicing. (See attached Santa Clare County Housing Rehabilitation Program
Guidelines.)
RESPONSIBIUTIES OF THE COUNTY
1. Review client's application, verify that client's property is located in the appropriate
jurisdiction and make a preliminary determination regarding income eligibility in
accordance with most current income guidelines determined by Federal Department of
Housing and Urban Development for Santa Clara County.
'-* 2. Continue to process application, order credit report and preliminary title report,
schedule termite inspection and conduct an Minor Rehabilitation Environmental Review
(MRER) of the property in accordance with NEPA requirements, as applicable.
3. Schedule and meet with the Loan Review Committee to discuss client's application,
income status and proposed work scope. Advise client of the final decision regarding
approval/disapproval and loan terms. (See attached Santa Clara County Housing and
Community Development Loan Committee Policies and Procedures.)
4. Inspect property to assist client in assessing and designing needed property
improvements in order to bring the property in conformance with local building and
housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the
proposed work items and cost estimates.
5. Review work write-up with the client. Invite contractors to submit written bids based on
approved scope of work. Review bids with client and assist client in selecting the
responsible bidder who submits the lowest price bid. Verify that selected bidder complies
with all insurance and licensing requirements.
6. Prepare all loan documents for signature and recordation as appropriate, such as
Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending
Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc.
asm~hsg.rehab.-exibit I 11/27/01 1
7. Assist client in finalizing construction contract documents and authorize
commencement of work. Review construction work in progress for compliance with
project specifications and conformance with all applicable codes, etc. when formally
inspected by local/county building offices. Authorize change orders and progress
payments up to 90% of contract price to contractor with property owner's approval.
8. Perform final inspection and authorize final payment to contractor after receipt of
finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable
warranties or guarantees and any manufacturer's informational materials. Record Notice
of Completion. After 35 days from date of recordation, verify that no unreleased, recorded
mechanic's liens have been recorded and release the withheld 10% retention to the
contractor.
9. Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion
and return to the County Program Manager.
10. Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change orders
and final loan amount.
.11. Clarify any warranty or guarantee issues.
12. Provide City/Town with written Quarterly Report including financial on project
accomplishments.
13. All 'program income" generated from loan payoffs shall be deposited, accounted for
and tracked individually for each jurisdiction and shall fund future housing rehabilitation
projects only in such jurisdiction.
RESPONSIBILITIES OF THE CITY/TOWN
1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by
the general public.
2. Publish an advertisement at least four times annually informing the residents of the
existence of the Housing Rehabilitation Program and its basic eligibility requirements and
how to contact the program.
'- 3. Run a public service advertisement on the local public access television station at least
twice annually describing the Housing Rehabilitation Program.
4. Refer pre-screened call-in or walk-in clients who appear to meet basic program criteria
to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be
processed as new applicants after a period of six months from date of the previous
application.
5. Upon execution of the contract by designated City and County officials, the City/Town
shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation
Loan Fund to the Santa Clare County Housing Rehabilitation Program to be applied to
project costs for four (4) new projects.
6. Upon execution of the contract by designated City and County officials, the City/Town
shall transfer $20,000.00 from City/Town's CDBG funds to the County for Housing
Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans
during the program year specified by the attached contract.
7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement
between the County and the City/Town, the City/Town shall transfer to the County
$2,500.00 for any project 'completed from initial application through bid opening and an
additional $2,500.00 for any project completed through project closeout. The same shall
apply to any project that is discontinued by the client.
8. In the event that County staff is required to exceed the prescribed responsibilities set
forth herein, the City/Town shall compensate the County for professional staff work at the
rate of $60.00 per hour per professional staff member.
CDBG funding amount $20,000.00
Unduplicated clients 4
Cost per year per client $5,000.00
Total Program Budget' $20,000.00
asmchsg.rehab.-exibit I 11/27/01 3 ( ~,_
SANTA CLARA COUNTY
COOPERATIVE HOUSING REHABILITATION PROGRAM
GUIDELINES
I. INITIAL APPLICATION
· Mail or deliver application packet to property owner with
explanation of basic program objectives and procedures
(see attached Guidelines).
· Review client's application and verify household income,
household size, applicant's age, credit history, and other
information pertaining to loan processing.
· Obtain applicant's authorization to gather financial
information, and order Credit report.
· If applicant is willing to continue and eligibility seems
likely, order preliminary title report.
· Order Structural/Pest Control report, if applicable.
APPLICABLE D(X~UMENTS
· Application Form
· Authorization Form
· Request For Information Form
· Informational Brochures
· Environmental Review Form
II. INITIAL INSPECTION
° Meet with property owner, and inspect the property for
conformance with building, housing, and health codes.
Explain to property owner what type of repair work is
eligible (ie.. Health and Safety Items), and what type is
considered General Property Improvements. Termite inspection
report will be incorporated into the work write-up.
ocso s-2ooo z
o Based on initial inspection, order design work, engineering
work, or additional professional inspections, if
necessary.
· Prepare Work Write-up including specifications and
preliminary cost estimates.
II I. PREPARATION. OF CONSTRUCTION' SPI=CIFICATIONS
· After approval of preliminary Spec List and cost estimates
by property owner, prepare final specifications.
· Explain bidding procedures to property owner.
I V. LOAN PROCESSING
· Take project information to loan committee members
for their review and approval.
· Inform applicant of approval or denial and exact
conditions and terms of rehabilitation loan.
V. BIDDING PROCEDURES
· Prepare contractor's bid package and send it to appropriate
number of contractors from list of approved bidders.
Approved bidders have demonstrated that they meet the
following minimum program requirements:
1. Liability insurance;
2. WOrkers Compensation Insurance;
3. Contractor's license currently in good
standing;
4. Proof of solvency;
5. References checked for related work.
· Establish bidding period and bid due date/time.
REHAB PROCEDURES-2000 2 I
· Mail bid invitations and packages to contractors.
· Inform property owner that during a given period,
(usually one week) contractors will be calling to make
appointments for site inspections; or, in cases of
property owners who need assistance, an open house is
scheduled for a given afternoon and contractors are
allowed site inspection at that time only.
· H~ld bid opening at pre-determined time, date, and location.
· Review bids for program, compliance and mathematical
accuracy.
· Review responsible bids with property owner and contractor
is selected by owner. Property owner is allowed to choose
any bid which is within a 10% range of Rehab Specialist's
estimate, or the lowest bidder.
APPUCABLE DOCUMENTS
· Invitation To Bid
· Instructions to Bidders
· Bid Document
· Work Write-up with Estimates
· Bidder's Qualifications
· Addenda
V I. LOAN CLOSING
· Prepare loan documents based on accepted bid amount,
contingency amount, design costs, inspection costs,
appraisal costs, title fees, and other necessary costs.
· Obtain property owner's initials on loan fact sheet.
· Prepare contract between property owner 'and 'contractor
based on accepted bid amount. Contract includes total
construction costs and projected dates for beginning and
end of construction.
· Meet with property owner for signing of loan documents.
Concurrently, contractor signs construction contract and
l~J~I.-l,/~B PROCEflD~S-2000 3
-- any other relevant documents.
· Record appropriaie documents and issue notice to
proceed to contractor.
· Hold, if necessary, a pre-construction conference with
property owner and contractor present at work site.
~c~PMC,~RI P DOCUMENTS
· Deed of Trust
· Promisso~y Note
· Truth In Lending Statement
· · Right of Rescission,
· Addenda
· Statement of Information
V II. CONSTRUCTION MONITORING
_. · Make twice weekly or more often site visits to ensure
compliance with specifications and program guidelines.
· Perform the following services as necessary:
1. Resolve questions between property owner
and contractor;
2. Execute written change orders when
applicable;
3. Process contractor's payment requests;
4. Co-authorize payments with owner, as
applicable;
5. Perform final inspection and prepare "punch
list" as applicable;
6. Obtain copy of signed final building permit;
7. Obtain and record notice of completion,
signed by property owner.
RF_aAB ~OCEDU~S-2000 4
~ppI ICABLE DOCUMENTS
· Contract Award
· Contract Agreement
· Lead Base Paint Notification
· Notice To Proceed
· Progress Payment Request
· Change Orders
· Final Inspection Report
V I I I. PROJECT CLOSEOUT
· Obtain lien releases from contractor for subcontractors
and material suppliers.
· Review County Recorder's records for any construction
related liens attached to property.
· Assist owner in obtaining any warranty or guarantee
documents or materials, from contractor.
· Issue final payment to contractor after all conditions
are met.and designated waiting period has expired.
Waiting period is 35 days after notice of completion
is recorded.
· Mail Project Evaluation form to property owner.
APPLICABLE DOCUMENTS
· Notice of Completion
· Certificate of Final Inspection
· Lien Release Forms
· Roof and Other Warranties
· Contractor's Affidavit
· Project Evaluation Form
R HAS PR0CSUO-RES-2000 5
SANTA CLARA COUNTY
HOUSING AND COMMUNITY DEVELOPMENT
LOAN COMM1TI'EE
POLICIES AND PROCEDURES
Purpose
The purpose of the Santa Clara County Housing and Community Development
(HCD) Loan'Committee is to evaluate loan applications and approve loan terms for
projects that have been recommended by the Housing and Community
Development Program.
Committee Objectives
1. Review and approve/reject all applications for rehabilitation loans in a
timely manner.
2. Assure that all loans approved are in confo,'mance with all appropriate
Federal, State, or local requirements.
~ 3. Provide h~using rehabilitation loans to clients most in need of
assistance.
4. Approve loans with the most effective mix of available funding
sources.
Committee Membership and Te,,~ls of Service
The Loan Committee is composed of three (3) County staff appointed by the County
Executive. There is no limit to the length of tenure in the position and the
members serve at the discretion of the County Executive. The desired expertise for
committee membership includes knowledge of Federal, State, or local housing
programs, awareness of local affordable housing needs, and financial procedures in
real estate transactions.
Committee Staffing
HCD staff provides technical assistance and staff support to the Loan Committee.
Specific HCD staff support members are the HCD Program Manager and Housing
Rehabilitation Coordinator. Other HCD staff provide additional committee support
as needed.
-1-
Steps To Review Loan Applications
1. Evaluate the reasonableness presented on the loan application and
assure the appropriate use of funds.
2. Set terms and conditions for loans in the unincorporated County, City
of Cuperinto, City of Los Altos, Town of Los Altos Hills, Town of Los
Gatos and City of Saratoga.
3. "Review and approve loan subordination agreements.
4. Approve/reject specific loan applications and set repayment terms, due
dates, and interest rates.
5. When appropriate, make recommendations to the Santa Clara County
Board of Supervisors for final approval of loan transactions.
Meetings
The Loan Committee meets on an as-needed basis. Meetings are scheduled when
there are approximately two (2) or more loan applications to be reviewed and
processed.
Committee Chairperson
The Loan Committee has one chairperson appointed by consensus of the committee
membership. Currently, the chairperson's term is indefinite.
Committee Decision Making Process
All Loan Committee decisions will be reached by consensus, if possible. If a decision
cannot be reached by consensus, the Loan Committee will decide the issue by
majority vote.
Committee Documentation
Regular minutes will be maintained regarding the actions of each Loan Committee
meeting. HCD staff will be responsible for transcribing and typing the meeting
minutes and distributing them to the Loan Committee members and all affected
juristictions. The Chairperson will approve all actions approved during a Loan
Committee meeting by signing a copy of the approved minutes.
-2-
Basic Loan Policies
1. All loan applications and requests will be considered on a first-come
first-serve basis. However, priorities will be considered in cases of great
need or urgency as defined by each funding source guideline.
Need includes factors such as income, age and physical condition of
client, overcrowding and any existing health or safety issues. Urgency
"includes any factor that presents a serious health or safety threat.
The Loan Committee will follow basic funding source (CDBG, ESG,
HOME, etc.) guidelines in judging a project or client's suitability for
loans.
2. All loans will be distributed in a manner assuring 100% low income
(80% of County median income) or very low income (50% of County
median income) benefit except where the funding source guideline (i.e.
CALDAP) instructs otherwise.
3. All loans to homeowners for single family residential rehabili'tation
-. (i.e. unincorporated County, City of Cupertino, City of Los Altos, Town
of Los Altos Hills, Town of Los Gatos and City of Satatoga) will be
awarded as shown on the attached Housing Rehabilitation Loan
Opportunities chart. The loan can be deferred at 0% or 6% annual
percentage rate (APR) or amortized at 0% or 3%. The length of the
loan will be 15 years unless some special exception is justified.
4. Other loans such as loans to Non-Profits for acquisition and
rehabilitation of an existing structure for the purpose of creating or
maintaining low cost housing will not have a specific loan amount
limit. Unless a case for an exception can be made, the loan terms will
be 6% APR if the loan is deferred and 3% if the loan is amortized. The
length of the loan will be 30 years unless an exception is necessary to
assure the long term affordability of the rents or viability of the project.
All of the loans are secured by a deed of trust.
5. All loans, be it acquisition and rehabilitation, new construction, or
acquisition only, shall be submitted to the Loan Committee for review.
The Loan Committee has the option to establish the te~ms of the .loan
or to recommend that the applicant request a grant from the Board of
Supervisors.
Irc.poi & pro.9/13/96
MURPHY & DAV-IS LLP
At~com~ys At Law
C. NICO~ MURPHY 300 C_~pitol lVI~IL Suite 1110 Telephone (916) ~2
.~cramento, C~liforni~ 9S814
MADIiLINE K. DAVIS Facsimile (916) 446-~89
www.m-mlaw.com
MEMORANDUM
TO: Mayor and Members of the Cupertino City Council and
Chai~u'mn and Members of the Cupertino Redevelopment Agency
FROM: C. Nicole Murphy, Redevelopment Legal Counsel
DATE: January 17, 2002
RE: Cupertino Citizens for Affordable Housing, etc., et al. vs. All Persons Interested
in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, eta'.,
et al., Santa Clara County Housing Authority Case No. CV 793260
Pursuant to the. direction of the City Council at the closed session held on
December 3, 2001, staff and I have concluded negotiations with the plaintiffs in the
above-referenced action, and a proposed Settlement Agreement has been prepared for
your consideration.
The terms contained in the proposed Settlement Agreement are substantially the
same as previously discussed with the City Council, and staff is recommending
approval of the proposed Settlement Agreement.
If the City Council approves the Settlement Agreement, it will be executed by all
parties and submitted to the court as part of a Stipulated Judgment in the action on or
before January 31, 2002. The approval and filing by the court of that Stipulated
Judgment will conclude the lawsuit.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into as of the 22nd day of
January, 2002, by and between Cupertino Citizens for Affordable Housing, an
unincorporated association, Gertrude Welch, and individual, Josephine Sadler, an
individ~ml~ the City of Cupertino, a municipal corporation, and the Cupertino
Redevelopment Agency, a public body, corporate and politic, for the purpose of settling
that certain lawsuit identified as Cupertino Citizens for Affordable Houz'ing. etc.. et al. v.v.
,411 Persons Interested in the Redevelopment Plan for the Cupertino I/allco
Redevelopment Project, etc., et al., Santa Clara County Superior Court, Case No.
CV793260 (the "litigation" or "action").
I. RECITALS
A. Parties
Plaintiffs CUPERTINO CITIZENS FOR AFFORDABLE HOUSING, an
unincorporated association, GERTRUDE WELCH, and JOSEPHINE SADLER
("Plaintiffs") and Defendants CITY OF CUPERTINO, a city ("City"), and CUPERTINO
REDEVELOPMENT AGENCY, a public body ("Agency") (collectively, "Defendants"
or "Cupertino").
B. Procedural Background and Intent of the Parties
Plaintiffs filed the action on October 17, 2000 to challenge thc validity of thc
Redevelopment Plan for the Cupertino Valico Redevelopment Project ("the Project"),
adopted by Ordinance No. 1850 by the Cupertino City Council on August 21, 2000. The
Complaint consists of twelve causes of action, but the crux of said validation action is
that, at the time the Cupertino City Council adopted the Project, it did not have betbrc it
substantial evidence that the Project Area is blighted, that invoking Calilbrnia
Redevelopment Law is necessary to revitalize the Project Area, or that the Project is
consistent with Cupertino's General Plan and Housing Element.
Defendants deny Plaintiffs' allegations and maintain that adoption of the
Cupertino Vallco Redevelopment Project was a valid exercise of governmental powcr,
supported by substantial evidence in the record, and nothing contained in this Settlement
Agreement constitutes an admission or concession by the Defendants of the merits
Plaintiffs' action or of any of Plaintiffs' allegations.
All parties wish to resolve the action without further litigation. This agreement is
entered into with the intent of resolving all currently pending issues regarding the validity
of the Cupertino Vallco Redevelopment Project and all other allegations raised in
Plaintiffs' Complaint.
C. Definitions
"Agency" means the Cupertino Redevelopment Agency.
"Agreement" shall refer to this Settlement Agreement and the Stipulated
Judgment incorporating the terms of this Agreement.
"Area Median Income" means the median family income of the geographic area
of the state that includes the City of Cupertino, as detet~ssined annually by the tEderal
Department of Housing and Urban Development ("HUD").
"Bay Area Legal Aid" (or "BayLegal") shall include the successors or assigns o1'
Bay Area Legal Aid.
"California Community Redevelopment Law" (or "CRL") means and reti~'rs to
California Health and Safety Code Section 33000, et seq.
2
"City" means the City of Cupertino.
"Extremely Low Income households" (or "ELI households") shall rethr to thc
definition contained in California Health and Safety Code Section 50106, as added by
Chapter 741 of the Statutes of 2001, effective January 1, 2002 (currently, persons and
families whose incomes do not exceed 30% of the Area Median Income, adjusted lbr
family size).
"Low and Moderate Income Fund" (or "L&M Fund") means the Agency's Low
and Moderate Income Housing Fund, established pursuant to Calilbrnia Health and
Safety Code Sections 33334.2, 33334.3, and related sections.
"Low Income households" shall refer to the definition contained in Calilbrnia
Health and Safety Code Section 50079.5 (currently, persons and thmilies whose incomes
do not exceed 80% of the Area Median Income, adjusted for family size).
"Moderate Income households" shall refer to the definition contained in
California Health and Safety Code Section 50093 (currently, persons and families whose
incomes do not exceed 120% of the Area Median Income, adjusted tbr family size).
"Project Area" means the Cupertino Vallco Redevelopment Project Area, as
described in the Redevelopment Plan lbr the Cupertino Valico Redevelopment Project
adopted t? Ordinance No. 1850.
"Very, Low Income households" shall refer to the definition contained in
California Health and Safety Code Section 50105 (currently, persons and families whose
incomes do not exceed 50% of the Area Median Income, adjusted tbr l'amily size).
3
II. TERMS
A. Twenty-five percent (95%) of the tax increment allocated to the Agency
from the Cupertino Vallco Redevelopment Project shall be deposited annually into the
Low and Moderate Income Housing Fund established for the Project ("the L&M Fund").
B. Five percent (5%) of the tax increment allocated to the Agency from the
Cupertino Vallco Redevelopment Project (i.e., 20% of the L&M Fund) will be allocated
to providing housing affordable to Extremely Low Income ("ELI") tenants, subject,
however, to compliance by the Agency with the requirements set forth in Calitbrnia
Health and Safety Code Section 33334.4, as amended by the Statutes of 2001, Chapter
738, effective January 1, 2002.
C. The Agency will ensure that at least five (5) affordable housing units are
constructed for every 100,000 square feet of non-residential development area added
within the Project Area with financial assistance from the Agency. For purposes of this
paragraph (4), "non-residential development area added within the Project Area with
financial assistance from the Agency" (hereinafter the "Added Square Footage") shall
mean building area constructed for occupancy pursuant to an agreement which provides
for financial assistance from the Agency.
1. Added Square Footage shall not include:
a. the new construction or remodeling of parking areas; or
b. the remodeling or replacement (in substantially the same
location) of existing building area, provided, however, that any currently occupied
commercial building area that is replaced by any other use (e.g., parking lot, open space,
4
etc.) will not be deducted from 'any Added Square Footage elsewhere within the Project
Area.
2. For purposes of this paragraph II.C., the tbliowing examples
illustrate the calculation of Added Square Footage pertaining to the existing Vallco
shopping center:
a. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 100,000 square l~.~ot
major retail store, the Added Square Footage would be zero.
b. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 120,000 square tbot
major retail store, the Added Square Footage would be 20,000.
c. If 100,000 square feet of existing mall store building area is
remodeled or replaced (in substantially the same location) with 100~000 square I'eet of
mall store building area or with parking area, the Added Square Footage would be zero.
d. If I00,000 square feet of mall store building area is
constructed in a location previously unoccupied by mall store building arem the Added
Square Footage would be 100,000.
e. If a 120,000 square foot major retail store is constructed
that requires the remodeling or replacement of 20,000 square feet of existing mall store
building area, the Added Square Footage would be 100,000.
f. If40,000 square feet of lower level mall store building area
is removed west of Wolfe Road and a 100,000 square foot theater is constructed east of
Wolfe Road, the Added Square Footage would be 100,000.
5
3. The first five (5) affordable housing units shall be provided in
connection with the first 50,000 square feet of Added Square Footage. After the lirst
100,000 square feet of Added Square Footage, one (1) affordable housing unit shall be
provided in connection with every 20,000 square feet of Added Square Footage.
4. The affordable housing units shall be provided to serve income
levels in the proportions required by Health and Safety .Code Section 33334.4, as
amended by Chapter 738 of the Statutes of 2001, effective January 1, 2002, and the
parties agree that the first five (5) affordable housing units shall be provided in the
following proportions: (a) one (1) unit shall be affordable Very Low Income households;
(b) two (2) units shall be affordable to Low Income households; and (c) two (2) units
shall be affordable to Moderate Income households.
5. Affordable housing units required to be constructed by the City's
Below Market Rate Housing Program shall be counted toward satisfaction of the
Agency's obligation under this paragraph II.C. if they are constructed within the Project
Area or with assistance from the City or Agency. Affordable housing units constructed
in excess of the minimum required by the City's Below Market Rate Housing Program,
whether or not they are constructed with assistance from the City or Agency, shall also be
counted toward satisfaction of the Agency's obligation under this paragraph II.C.
6. The affordable housing units may be constructed within the Project
Area or elsewhere within the City of Cupertino.
7. Occupancy of the Added Square Footage will be withheld until
construction of the requisite affordable housing units has been provided lbr under
executed contracts with developers or contractors.
6
D. The Agency will make every reasonable effort to leverage L&M funds,
provided that the added funding sources do not give priority to any. special need group.
E. The Agency will make monitoring reports, prepared in compliance with
applicable requirements of the CRL, available to Bay Area Legal Aid on an annual basis
for the life of the Cupertino Vallco Redevelopment Project.
F. With respect to affordable housing rental units, constructed or substantially
rehabilitated pursuant to an agreement which provides for financial assistance from the
Agency, the Agency agrees that:
1. It shall include in such agreement a requirement that the ow,mr of
said units notify, or cause its property manager to notify, the Santa Clara County Housing
Authority and Cupertino Community Services of vacancies; and
2. It shall include in such agreement a requirement that the owner
and/or property manager of said units participate in a seminar presented by the Santa
Clara County Housing Authority or Bay Area Legal Aid for the purpose of educating
landlords regarding the federal Section 8 voucher program. The Agency will cooperate
with the Santa Clara County Housing Authority and/or Bay Area Legal Aid in the
periodic scheduling of such seminars.
G. Each party shall bear its own fees and costs, except that with respect to the
costs of preparation of the Record of Proceedings related to adoption ol' the
Redevelopment Plan, the Plaintiffs shall pay the sum of $374.20 and the Detbndants shall
be responsible for the balance of $2,599.82.
7
H. Bay Area Legal Aid may request records under and pursuant to the Public
Records Act, Government Code Section 6250 et seq., as necessary and appropriate to
determining compliance with the tet~xis of this Settlement Agreement.
III, DISPOSITION OF THE LITIGATION/ENFORCEMENT OF
SETTLEMF. NT AGREEMENT
This Settlement Agreement is a complete, final and binding resolution of all
issues and claims in the above-captioned matter. The parties agree to execute and file a
Stipulated Judgment which includes all the provisions of this Settlement Agreement.
Plaintiffs, and each of them, in consideration of the Defendants' agreements under this
Settlement Agreement, hereby release the Defendants from all claims of the Plaintiffs
pertaining to the validity of the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project, the Cupertino Vallco Redevelopment Project, Ordinance No.
1850, and all other proceedings and actions taken by the Defendants in connection with
the adoption of the Redevelopment Plan.
In the event that both of the individual plaintiffs die or become mentally or
physically incapacitated prior to final performance of this Settlement Agreement, thc
parties hereby stipulate that Bay Area Legal Aid may designate one or more individuals
to act on behalf of the individual plaintiffs and Cupertino Citizens lbr Aflbrdablc
Housing,, provided that any individual so designated is a resident of the City of
Cupertino. The parties further stipulate that the death of one or more named plaintiffs
shall have no effect whatsoever on the power of the surviving named plaintiff and/or Bay
Area Legal Aid's designee to enforce this Settlement Agreement.
The parties hereby jointly request, and the Stipulated Judgment shall specit~/, that
the Court retain jurisdiction over this case and over thc parties personally for the purpose
8
of enforcing this Settlement Agreement. This includes tolling of any applicable statute,
rule, or court order affecting timely prosecution of this action, including but not limited to
the five-year dismissal statute, California Code of Civil Procedure Section 583.330.
DATED: ,2002
GERTRUDE WELCH
DATED: ,2002
JOSEPHINE SADLER
CUPERTINO CITIZENS FOR
AFFORDABLE HOUSING. an
unincorporated association
DATED: ,2002 By
Its
APPROVED AS TO FORM:
BAY AREA LEGAL AID
Attorneys tbr Plaintifl:s
DATED: ,2002 By
William Lift, Esq.
CITY OF CUPERTINO. a municipal
- corporation
DATED: ,2002 By
Richard Lowenthal. Mayor
DATED: ,2002 By
David Knapp, City Manager
CUPERTINO REDEVELOPMENT
AGENCY, a public body, corporate and
politic
DATED: ,2002 By
Richard Lowenthai, Chairman .
DATED: ,2002 By
David Knapp, Executive Director
APPROVED AS TO FORM:
MURPHY & DAVIS, LLP
Attorneys for Defendants
DATED: ,2002 By
C. Nicole Murphy, Esq.
10
City Hall
10300 Tone Av~.
. Cupertino, CA 95014
(408) 777-3262
CI~Y OF FAX: {408) 777-3366
CUPE INO
Public Information Office
AGENDA ITEM ~.'~ Date: Jav-~y 16, 2002
SUMMARY
Subject: Resolution in opposing California Assembly Bill 680 (AB 680).
Background: AB 680 by Assembly Member Darrell Steinberg, would apply to cities and counties in
the greater Sacramento area and redistribute a certain amount of sales tax growth within the region
based on specific priorities.
Each city and county would retain their 2002 base year sales tax dollar amount. Growth in sales tax
revenue would be distributed according to the following formula:
· Situs - Return 1/3 of all regional sales tax growth no differently than it is today, on a point of
sale basis.
· Per Capita - Return 1/3 of all regional sales tax on a per capita basis.
· Regional Need - Return 1/3 of all regional sales tax on a poim of sale basis only if the
jurisdiction builds its fair share of the region's affordable housing and social services and has a
plan to infill development and acquisition of open space.
AB 680 allows cities to keep only one-third of sales tax growth revenues without limitations. City
revenues continue to be unpredictable because of the billions of dollars statewide due to the state's
earlier reallocation of property tax revenues.
Local sales tax paid locally, are the primary source of funding for emergency response, police and fire
protection, street repair and lighting, libraries, parks and other services.
Recommendation: The City Council adopt the attached resolution opposing AB 680.
Submitted By: Approved for Submittal
Rick Kitson David Knapp
Public Information Officer City Manager
RESOLUTION NO. 02-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
IN OPPOSITION OF ASSEMBLY BILL 680
WHEREAS, a coalition of cities throughout California. is coming together to oppose
AB 680, a "pilot program" that lets the state redistribute future growth in local sales taxes in
the six-county Sacramento region; and
WHEREAS, AB 680 penalizes small cities creating unnecessary friction between local
governments and an inherent conflict over funding allocation; and
WHEREAS, sales tax paid locally, are the primary source of funding for emergency
response, police and fire protection, street repair and lighting, libraries, parks and other
services; and
WHEREAS, local elected leaders and taxpayers should decide how local sales tax
revenues are distributed, and local leaders know best the unique needs of their individual
communities.
NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council opposes
AB 680 and the efforts of the state legislature to redistribute growth in sales tax revenues.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22'~ day of Jan~_~ry 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
.~ City Hall
10300 Torte Avenue
'-- Cupertino, CA 95014-3255
CIIY OF Telephone: (408) 777-3223
CUPEI INO FAx: (408)777-3366
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. ] ~ Meeting Date: January 22, 2002
SUBJECT AND ISSUE
Consideration of renewal of bingo permit
BACKGROUND
The Holy Name Society of St. Joseph Church has applied for the annual renewal of their
bingo pemiit as required by the Municipal Code, and all forms and fees have been
received.
· -- The Sheriff's Department, Central Fire Protection District, the County Health Officer,
Cupertino's Chief Building Inspector and Director of Planning have approved the
epplieation.
RECOMMENDATION:
Conduct public hearing; renew permit.
Submitted by: Approved for submission:
Grace Johnson D~vid W. Knapp
Deputy City Clerk City Manager
RECEIVED
10300 Torte Avcnu~
DEC - 5 2001 Cup~no, cA 95014-3255
Telephone: (408) 777-3223
CITY OF CUPERTINO (408)'777-3366
APPLICATION ~OR BINGO P[R~IT
1. Name of Organization ~¥
N~e of Office~ ~v.
Ad.ss of Officem Io//o
__ /
2. Daysofoperation~tay * ~'a~o~f HomofOperation ~.o¥~
3. Ad,ss of Bingo gme {ollo
4. Pu~ose of promises used by org~ization
5. Owne~hip of Bingo equipment
6. Nme of person responsible for operation of Bingo
7. Nme of ore,one who has ~y fin~cial interest in Bingo game
I
MUST HAVE FOLLOWING STATEMENTS
CHECK
~ A. Consent for Sheriffto inspect bank account containing Bingo profits.
t~ B. Statement of ownership/lease ofpremises.
~ C. Copies of exempt status from Internal Revenue and Franchise Tax Board
ortax identificationnumber. T~ ~ :r,O ~ q~ - / l &-~., --
'o . .p~ . p ' 'g g
FEE: $50.00 - General License annual. Over 10 games.
5.00 - General License each game. Under 10 games.
THIS PERMIT IS NONTRANSFERABLE EITHER AS TO THE LICENSE OR
LOCATION
FOR OFFICIAL USE ONLY
Sheriff recommendation YES
Fire District YES-~NO
Health Officer YES ~ NO
Chief Building Inspector YES .-~ NO__
DirectorofPlanning YES ~ NO__
Time of public hearing
Business License No.
ST. JOSEPH of CUPERTINO
10Il0 N. DE ANZA BLVD.
CUFERTINO, CA. 95014
BINGO REPORT DEC. 2001
(12/01/00 TO 11/30/01)
GROSS RECEIPTS FOR PERIOD $ 1223277
CASH ON HAND 12/01/00 $ 31735
$ 1255012
EXPENSES
PAID IN PRI737-S $1006411
BAD CHECKS 1472
REFRESHMENTS/KITCHEN SUPPLmS 5569
BINGO EQUIPMENT/SUPPLIES 39298
SECURiTY/MAINTENANCE 19195
TRANSFERRED TO ST. JOSEPH SCHOOL/CHURCH 140000
ADVERTISING/PRINTING 7108
MISC.(BANK CHARGES/CiTY LICENSF./ETC.) 624
$1219677
CASH ON HAND 12/01/01 35335
$1255012
All figu~ lminded offlo eyre dolla~.
lhe~y~ ~ m~t ~ a ~~ of~ ~ ~ f~ ~ ~
Cr~mes ~d ~ SL J~ of~o Ch~ f~ ~ ~ I~1~ ~ ! !~1.
ST. ,JOSEPH of CUPERTINO
10110 N. DE ANZA BLVD.
CUPERTINO,CA. 95014
Dec. 01,2001
The Santa Clara County Sheriff's Department may inspect the Bingo records
of St. Joseph of Cupertino.
The premises used for St Joseph of Cupertlno Bingo are owned by the
Church/(Diocese of San Jose).
DICK CALDWELL
BINGO CHAIRMAN
10300 Torm Avenue
Cupertino, CA ~5014
(4O8) ~.-~08
FAX (4os)
Community Development Depa~k~ent
SUMMARY
AGENDA NO. iG~ AGENDA DATE Ia_m,_~_,y 22, 2002
SUMMARY
Initiate development of the "Downtown Viilage" Plan- Amend~ant to Hear~ of the
City Specific Plan (5P-2002-01) in order to implement the downtown concept for the
Cupertino Crossroads area along Stevens Creek Boulevard between St~llir~g Road and
De Anza Boulevard.
RECOMMENDATIONS
St~ff recommends that the City Council:
1. Authorize 5P-2002-01 - modifica~ons to the Heart of the City Specific Plan to
implement the Downtown Village design standards as per the Planrdng
Commission Resolution No. 6124 (Exhibit A).
BACKGROUND
· The Cupertino Crossroads area located at the intersection of Stevens Creek and De
Anza Boulevards has been the historic shopping core for Cupefdno.
· In reviewing the General Plan in the context of the walkability and livability, the
Planning Commission discussed the option of changing the Crossroads area to
function as a more traditional downtown (see Exhibit B).
· Recently, the Planning Depa~..mnt has been approached regarding three
development propos~l.~ in the Crossroads area consisting of mixed-use projects with
buildlugs built closer to the street and a pedestrian walkable environment.
· The current Heart of the City Plan promotes a streets:ape concept with large
landscaped buffers from the street and between buildings, which is inconsistent
with the downtown walkable, pedestrian concept.
· To provide proper guidance for the abovementioned projects, staff felt that the Heart
of the City needed amendments to incorporate the Downtown Village concept.
· On January 14, 2002, staff asked the Planning Commission to request that the City
Cotmcil authorize amendments to the Heart of the City Plan to incorporate the
Downtown Village concept for the Cupertino Crossroads area, prior to the adoption
of the General Plan amendments.
Downtown Village PIa~- Amendment to Hear~ of the City Specific Plan January ~ 2002
Page 2
DISCUSSION '
Downtown ViLlage
The concept for the Downtown Village draws upon the ~ziclin§ principles of the
General Plan that include walkability, mixed-use neighborhoods, enlivened streetscape,
and improving the jobs/housing balance by increasing residential opportunities in
Cupertino. The plan intends to build on the historic shopping core of Cupertino by
creating a pedestrian friendly "downtown" euvironment. The Downtown Village Plan
(P_y, hibit D) will be organized around major concepts of land use, streetscape, site
design, parking, building heig~ fo~-~ and design, transportation and neighborhood
protectioru
These concepts are generally consistent with the Heart of the City Specific Plan, which.
supports mixed use, activity nodes sidewalks, street trees, pedestrian oriented design
· and hlgh-quality architecture. The Plan is also consistent with the development and
allocations in the current General ~_~_u and the residential bttildout in the Housing
Element. The only major revision to the Heart of the City Specific Plan will include
changes to the streetscape concept, which currently promotes large landscaped buffers
from the street between buildings. The revisions will seek to impleme~t a pedestrian
friendly streetscape concept consisting of 20-foot wide sidewalks with street trees,
crosswalks, enhanced streetlights and street furniture (benches, planters, bus shelters,
etc.).
Planning Commission Comments
At the January 14, 2002 hearing, the Planning Commission voted unanimously to recommend
authorization of an amendment to Heart of the City Plan to implement the downtown concept for
the Cupertino Crossroads area with the following additional comments:
· / New projects at edges of the "Downtown Villsge" (e.g. De Anza College and new
Sports Center) should be integrated with the downtown concept.
e' Sixeetscape improvements (sidewalks, lights, trees, street furniture) should be
completed simultaneously to create an impact.
e' Owners of existing newer developments (Whole Foods, Fontana's, etc.) should be
encouraged to m~ke changes to incorporate Downtown Village elements into their
existing site desigr~
~ Auto-based businesses such as gas stations, drive-thrus, car dealerships) should be
discouraged.
e' Plan for possibility of light rail along Stevens Creek to Hwy 85.
e' The impact on traffic and LOS should be analyzed.
The comments from the Planning Commission and Council will be considered as part of
the Heart of the City amendments.
Process
Following the City Council's authorization, staff will. schedule meetings with property
owners and neighbors to get their input. Staff proposes to bring forward a draft
"Downtown Village" concept to the Planning Commission and City Council for
consideration by March 2002.
Page 3
/~~jOVAL: SUBM1TYED BY:
-
Steve Piasecki, Director of David W. Knapp, City Manager
Community Development
Attachments
Exhibit A: Resolution No. 6124-- Minute Order of the Planning Commission of the City
· Of Cupertino Recommevdi~g that the City Council Authorize
Modi/ications to the Heart Of The City Specific Plan to Implement the.
Downtown Vilhge Design Standards.
Exhibit B: Draft Urban Design Overlay Map
Exhibit C: Plsrming Commission staff report, January 14, 2002
Exhibit D: Design Concepts for the Downtown Village
G:\Planning\PDREPORT~CC~SP-2002-02CC.DOC
Iq-.5
Exhibit A
SP-2002-01
CITY OF CUPERTINO
10300 Torte Avenue, Cupertino, California 95014
I~KqOLUTION NO. 6124 (MINUTE ORDER)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
I~CO~ING THAT THE crIT COUNCIL AUTHORIZE
MODIFICATIONS TO THE HEART OF THE CITY SPECIFIC PLAN TO IMPLEMENT
THE DOWNTOWN VILLAGE DESIGN STANDARDS.
SECTION I: PROIECT DF..qCRIP~ON
Application No.: SP-2002-01
Applicant: City of Cupertino
Location: Stevens Creek Boulevard between Stelllug Road and De
Anza Boulevard
SECTION II: FINDINGS
W-I~.REAS, the Crossroads area along Stevens Creek Boulevard between Stolling
Road and De Anza Boulevard is the historic shopping core of the City of ·
Cupertino; and
WHEREAS, the Crossroads area has a substantial amount of existing retail
shopping facilities; and
WHEREAS, the Heart of the City Specific Plan seeks to implement a downtown
environment in the Crossroads area that consists of active, walkable, mixed-use
residential/commercial neighborhoods and a pedestrian-oriented stre~tscape
with enhanced street furniture, street trees and street lights; and
WHEREAS, the Planning Depa~h~Lent has received three development proposals
on key sites in the Crossroads area; and
WHEREAS, there are revisions required to the Heart of the City Specific Plan to
implement the concepts of the Downtown Village.
/q-.q
NOW, '~EREFORE, BB IT RF. SOLVED:
That after careful consideration of maps, facts, exhibits, tes~mony and other
evidence submitted in this matter, the Planning Commission of the City of
Cupertino recommends that the City Council authorize modifications to the
Heart of the City Specific Plan to implement the Downtown Village design
standards; and
That the subconclusions upon which the findings and conditions specified in this
Resolu~tion are based and contained in the Public Hearing record concerning
Applidation SP-2002-01, as set forth in the Minutes of the Planning Commission
Meeting of January 14, 2002, are incorporated by reference herein.
PASSED AND ADOPTED this 14· day of January 2002 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of C~lifornia, by the
following roll call vote:
AYES: COMMISSIONERS: Patnoe, Chert, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Steve masecki /s/Charles Corr
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Planning Commission
G:\ Planning\PDREPORT~l~S\SP-2002-01res.doc
EXHIBIT C
CITY O1= CUPERTINO
10300 Torte Avenue, Cupertino, California 9~014
DEPARTMENT OF COMMUNITY DNV~LO~ REPORT FORM
AppHcatiom SP-2002-01, EA-2002-19 Agenda Date: January 14, 2002
Applicant:. City of Cupertino
Property Owner:. Various
Property Locatiom City-wide,
Application Summary: Initiate development of the ~q3owntown Village" Plan -
Amendment to Heart of the City Specific Plan in order to implement the downtown
concel~t for the Cupertino Crossroads area along Stevens Creek Boulevard between
Stellir~g Road and De Anza Boulevard.
RECO~ATIONS
Staff recommends that the Planning Commissio~
1. Adopt the attached minute order recommending that the City Council authorize
modifications to the Heart of the City Specific Plan to implement the Downtown
Village design standards.
DISCUSSION
At the December 10, 2001 hearing General Plan discussion, the Planning Commission
supported the Downtown Village concept along Stevens Creek Boulevard between
Stelling Road and De A.nza Boulevard in the Draft Urban Design Overlay Concept (see
map).
The Planning Department has been approached regarding three development proposals
in the Target, Mervyn and Stevens Creek Office Center areas. These proposals mostly
consist of commercial and mixed-use commercial, residential and office uses. In order
to ensure that these projects can incorporate the elements of the downtown concept,
staff feels that the "Downtown Village" concept should be implemented as soon/s
possible and should pmeede adoption of the General Plan amendments.
Downtown Village
The concept for the Downtown Village draws upon the guiding principles of the
General Plan that include walkabiHty, mixed-use neighborhoods, enlivened streetscape,
transit alternatives and improving the jobs/housing bal.ance by increasing residential
opportunities in Cuperi/no. The plan intends to build on the historic shopping core of
Cupertino by creating a pedestrian friendly "downtown" environment.
Downtown yHl~ge Plan ~endment to Heazt of the City Specific PI~. ~anuary 1~, 2002
Page 2
The Downtown Village Plan will be organized around the following major concepts
(Exhibit A):
· L~d Hse: mixed-use commercial and residential to encouzage pedestrian activity.
· Streetscape - enhance pedestrian activity with wide sidewalks, street trees,
enhanced streetli~hts, street furniture and crosswalks.
· Site D~'~z- continuous buildin~ "streetwall" at the edge of sidewalk and open
space (public pl~_zas and parks).
· Par/al,g- on-street parking (side streets) and off-street parking behind buildings or
tmdergsound.
· Builflintf Hdght, Form a~/D~si~z - Two/three story high quality buildings, comer
features for buildir~ on comer lots and enhanced sil~a~e.
· Tr~porf~tio~ - support multiple modes of transportation including pedestrians,
bikes, buses and automobiles.
· Ndghl~orhoo~t Prof~ffo, - Provide buffers (residential uses, lowered building heights,
lendscapin~, etc.) to provide a smooth transition between new development and
neighborhoods.
The DoWntown Village Plan will consist of a streetscape concept, land use, design
standards and desil~ ~idelines to ~ide future Development in the Downtown Village
area. These concepts are generally consist.ent with the Heart of the City Specific Plan
which supports mixed use, activity nodes sidewalks, street trees, pedestrian oriented
design and high-quality architecture. The Plan is also consistent with the development
and allocations in the current General Plan and the residential buildout in the Housing
Element.
The only major revision to the Heart of the City Specific Plan will include changes to the
streetscape concept which currently promotes large landscaped buffers from the street
between buildings. The revisions will seek to implement a pedestrian friendly
streetscape concept consisting of 20 foot wide sidewalks with street trees, crosswalks,
enhanced streetlights and street furniture (benches, planters, bus shelters, etc.).
Process
Following the Planni~ Commission's input and recommendation, staff will bgiag the
proposed amendment to the City Council for input and authorization. After that, staff
will schedule meetings with property owners and neighbors to get their input. S~aff
proposes to bring forward a draft "DoWntown Village" concept to the Planning
Commission and City Council for consideration by March 2002.
Prepared by: Aarti Shrivastava, Senior Planner
Approved by: Steve Piasecki, Director of Community Developmen~
Attachments
Draft Minute Order
Exhibit A: Design Concepts for the Downtown Village
Exhibit B: Draft Urban Design Overlay Map
D:\Aarti\Projects\Downtown Village Specific Plan\Pdreportl.DOC
Downtown Village
Cuperuno
Visien
The Downtown Village will build upon the historic shopping core of Cupertino to
create a pedestrian friendly "downtown' environment. It will consist of active,
mixed-use rieighborhoods: residential, commercial and open spaces that are
attractive, liveable and promote pedestrian activity.
Guiding Principles
The vision for the Downtown Village draws upon the following guiding principles
of the General Plan to create a great community:
v' Neighborhoods
/ Mobility
v' Balanced Community II 'i~i~j'q ': ~i ii """'"
V' Vibrant, Mixed-use Heartof the City .[" , I!i |il
v' Attractive Community Design ~' .
Cencepts
The Downtown Village Plan shall consist of the following major concepts:
· LandUse- Mixed-use commercial and residential with ground floor uses
that encourage pedestrian activity.
· Street$cape-Wide sidewalks (20 feet from edge of curb), street trees,
enhanced streetlights, street furniture (bus shelters, benches, etc.),
· ,:~ ,, crosswalks, and active uses along the sidewalk.
· 5/te De$/gn- Continuous building "streetwall" at the edge of sidewalk and
open space (public plazas and parks).
· Par/dng- On-street parking (on side streets) and off-street parking that is
underground or behind buildings.
· Bu/Tding Form and Design- Two/three story buildings with high quality
architecture and materials built to the edge of sidewalk, corner features for
buildings on corner lots and enhanced signage.
· Transportation-Multiple forms of transportation including pedestrians,
bikes, buses and automobiles.
· Ne/g/~bor/~oo#Suffers-Buffers (residential uses, lower building heights and
landscaping) to provide a smooth transition between new development and
neighborhoods.
~;~ ~ ~,,:~.~.~..~- ~.~ ........ .... w~j
Building and Design
Buildings should be two to three stories tall and built up to the sidewalk to provide a continuous
"street'wall" that frames the street and makes it comfortable for pedestrians. Buildings should have
architectural character and articulation, large storefronts facing the street, front entries facing the
sidewalk, awnings with shade and shelter for shoppers.
Bourne: U~n
Mns HnUon
The Oowntown Village should
a variety of transpo~ation alternatives
including pedestrians, bikes, buses ' ....
and automobiles.
Soume: U~n Advantage
Buffers (residential uses, lower
building heights and
landscaping) can provide a :
,mooth transition be~een new ~ ~ ' ' '
development and neighborhoods
to the no~h and south of the ' ' ."
Downtown Village.
ORDINANCE NO. 1891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.80
ACCESSORY STRUCTURES/BUILDINGS OF THE CUPERTINO MUNICIPAL
CODE CONCERNING DEFINITIONS AND RELATED TO ACCESSORY
BUILDINGS/STRUCTURES AND SECOND DWELLING UNITS IN SINGLE-
FAMILY ZONES.
WHEREAS, thc City Council wishes to prevent construction of "illegal" second
dwelling units in single-family zones; and
WHEREAS, the City Council wishes to ensure that accessory buildings/structures
are subordinate to principal structures in single-family zones.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Proposed text is underlined. Deleted text is struck through.
Chapter 19.08 of the Municipal Code of Cupertino is hereby amended to read as follows:
DEFINITIONS
"Ac, c,~ssory d~velling" means a d~velling unit incidontal to a prinoipal uss on a site and
intended for occupancy by pzrsons rs~-iding therein by reason of ~mploymsnt of one or
more occupants on the same site,
"Guegt cottage" means an acc~ory building containing a lodging unit without kitchen
facilities and used to hous~ occaeional visitors or nonpaying guests of the occupants ora
dxvelling unit on the same site.
"Habitable space" means s~ace in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility apace, and similar areas are
not considered habitable s~aee.
"Living space" means habitable apace and sanitation.
"Kitchen" means an area in habitable apace used for the preparation of food and including
at least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and apace for appliances between counters;
2. Counter;
3. Refi'igerator;
4. Sink.
Ordinance No. 1891 Cupertino.City Council Page 2
"Second dwelling unit" means an attached or a detached residential dwelling unit
which provides comolete inde~)endent living facilities for one or more 0ersons. It shall
include oermanent provisions for living, sle~.-~ing, eating, cooking, and sanitation on the
same oarcel as the single-family dwelling is situated.
Chapter 19.80 of the Municipal Code of Cupertino is hereby amended to read as follows:
ACCESSORY BUILDINGS/STRUCTURES
19.80.030 Site Development Regulations
B. Residential and Agricultural Zones.
2. With respect to detached accessory buildiogs/structures (including an R2 zoning
district):
a. In RI, RHS, A and A1 zones:
i. The area of an accessory building/~iracture, not including garage soace, shall be
limited to the gross building area as Oer Section 19.84.030D.
ii. Basements in accessory buildings/structures shall count as floor area.
Base~ient lightwells shall confom~ to Section 19.28.060F.
iii. Detached accessory buildings with living si)ace shall conform to Chaoter 19.84.
~ b_ The maximum lot coverage is thirty percent of the useable rear yard area.
~ c_. The minimum distance from a principal dwelling is five feet (measured between
the eaves);
~.. d_ Small, portable storage buildings less than six feet in height, which are not
attached to a building, permanent foundation, or pad, may be located closer than
five feet to a principal dwelling, but no closer than three feet from any property
line;
d~ e_ No detached accessory building or structure shall be located less than three feet
from any property line,
e= f. Detached accessory buildings and structures shall be limited to a single story and
shall not exceed a height of seven feet beginning at a three-foot setback from rear
or side property lines. The height encompasses the entire wall plane nearest the
property line, including the roof, eaves, and any portion of the foundation visible
above the adjoining finished grade. The wall plane height may be increased by one
foot for each additional one and one-half feet of setback (corresponding to a thirty-
three-degree angle), up to a maximum wall plane height of fifteen feet, as depicted
in the diagram attached to the ordinance codified in this title. The maximum height
of construction shall not exceed twenty feet-;
Ordinancc No. 1891 Cupertino City Council Page 3
~.. g. Walls which are less than five feet to a property line may not have windows or if
--' windows arc installed they must be obscured glass or have thc sill height above five
feet from the floor. This requirement shall not apply to skylight or windows which
face a right-of-way or a nonresidential zoning district.
~.. h_. Detached recreational buildings/structures, which have a floor or step height
greater than eighteen inchcs above any point at thc adjoining finished gradc, must
have a setback often feet fi'om any property. An affixed play structure, such as a
swing or climbing apparatus, is allowed in the setback area if it is at least three feet
from thc property linc and if it exceeds thc heights and setbacks as required in
subsections B2b and c of this section and mccts one of the two following
conditions: It is adjacent to a comer property linc, or if not on a comer, thc
immediately adjacent property owner agrees to thc location prior to construction,
~ i_. The minimum front-yard setbacks for detached accessory buildings/structures
i. Twenty feet in residential zuncs,
ii. Thirty feet in agricultural zones,
j. With respect to comer lots, thc street-side yard setback must be no less than
fifteen feet and no less than twenty feet in thc event that thc comer lot is adjacent to
a key lot,
~. k. In R-2 and R-3 zones, in the case of an interior lot abutting only one street, no
"- detached accessory building or s~ucture, except a detached garage, may occupy the
front fifty percent of the lot area.
This ordinance shall take effect and bc in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of January 2002, and ENACTED at a regular meeting of the City Council of the City
of Cupertino this 22nd day of January 2002, by thc following vote:
Votc Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
DRAFT MINUTES
CUPERTINO REDEVELOPMENT AC~ENCY
Regular Meeting
Monday, Suly l?, 2000
ROLL CALL
At 7:20 p.m. Vice-Mayor James called the meeting to order in the Council Chambers, 10300
Torre Avenue, Cupertino, California.
City Council membei.~ present: Vice-Mayor Sandra James, and Council members Don Bumett,
Michael Chang, and Richard Lowenthal. Council members absent: Mayor John Statton.
Redevelopment Agency members present: Vice-Chair Sandra James, and Agency members Don
BurneR, Michael Chang, and Richard Lowenthal. Redevelopment Agency members absent:
Chairman John Statton.
Staff present: David Knapp, Acting City Manager, Carol Atwood City Administrative Services
Director and Finance Director of the Agency; Charles KAhan, City Attorney and General Counsel
to the Agency, Community Development Director Steve Piaaecki, City Planner Ciddy Wordell,
Public Info,mation Officer Donna Krey, Public Works Director Bert Viskovich, and Kimberly
Smith, City Clerk and Secretary to the Agency.
'-- Redevelopment Attorney for the City and Agency: Nicole Murphy.
Environmental consultant: John Wagstaff
JOINT PUBLIC HEARING
A. Minutes of the June 19, 2000, Redevelopment Agency meeting.
Burnett moved to approve the minutes of the June 19, 2000, Redevelopment Agency
meeting. Chang seconded and the motion carried 4-0.
JOINT PUBLIC HEARING
B. Joint public hearing of the City Council and the Redevelopment Agency on the proposed
redevelopment plan for the Cupertino Vallco Redevelopment Project. Public Hearing
closed on June 19.
Ms. Nicole Murphy, consulting attorney, said that the public hearing was closed after
receiving testimony on June 19, but two items were continued to tonight's meeting. She
said the environmental impact report identifies mitigation measures that. eliminate or
lessen all of the significant effects of the project with two exceptions. The first exception
is the cumulative impacts on the Wolfe Road-Pruneridge Avenue intersection, and the
second exception is regional air quality emissions. As a result, the resolution contains a
statement of overriding considerations by which the Agency finds that the benefits of
adoption of the project outweigh these significant effects. Also, attached to the resolution
is a mitigation monitoring program. The second item for consideration is a resolution
finding that the use of tax increment funds by the Agency outside the pwject area will be
July 17, 2000 Cupertino Redevelopment Agency Page 2
of benefit to the pwject area. The record contains information indicating that the pwject
is essentially the revitalization of Vallco. Affordable housing outside the project area will
serve the employees of V/lice.
NEW BUSINESS
C. Agency certifies and makes'findings based upon consideration of the Final Environmental
Impact Report, Resolution No. RA-00-06. Continued from June 19.
Ms. Murphy said that the statement of overriding considerations finds that although the
EIR concludes that regional air quality emissions remain a significant unmitigated effect
of adoption of the project, the benefits outWeigh those effects. Mr. Wagstaff,
enviwnmental consultant, said that the EIR looked at 7 criteria pollutant categor/es
weighted upon the guidelines of tho Bay Area Air Quality Management District. Two of
those seven categories were significant and could not be mitigated, and those were nitrates
of oxygen and particulate. In the Bay Area air Quality Management District, virtually any
commercial project over 100,00 square fect, or any other type of general conslrucfion that
will have 2,000 trips per day will have this kind of unmitigable air quality impact. Some
things can be done to reduce the significance of the impact, but not at these levels.
Chang moved to adopt Resolution No. RA-00-06. Lowenthal seconded and the motion
carried 4-0.
D. Agency finds that the use of taxes allocated from the Project for the purpose of improving
and increasing the community's supply of low- and moderate-income housing outside the
Project Area will be of benefit to the Project, Resolution No. RA-00-07. Continued from
June 19.
Chang moved to adopt Resolution No. RA-00-07. Lowenthal seconded and the motion
carried 4-0.
ADJOURNMENT
At 7:32 p.m., the Redevelopment Agency adjourned.
Kimberly Smith
Secretary to thc Agency
! ~.. M~ry Avenue High Density Residential &
! ......... -, ' ' ! ~ Industrial R&D
" -; i Mixed Use Node
X .... t Di
x " : ,, ' Light Industrial
........ ""' and Residential
- ? "'. Mixed Use Node
'" x ~ Stevens Creek Bird Commercial,
" x ~" Neighborhood
¢' x x Entertainment
...... x ..x Commercial. Office
Node
#
t Mixed Use Civic, Office
t and Residential Node o
San Tomas-Aquino /
Saratoga Creek Trail
x · South De Anza Neighborhood[
Commercial/Office Corridor ] ~ ot~ of cure,no
t Stevens Creek and Residential Support [ ~ Urban Desi§n OYeHa¥
/ ~ ~'~' Urban Sorvico Boundary
I ~ ~-' ~ Transit/Rail Corridor
~ High D~n$ib] Residential
g-. ~ / ! j /// ~/~'Educational Node
~ / / I ~ // /~. Neighborhood Commemial Corridors
'i ~ i -)~ Neighborhood Commercial Centers
~' I 1000 0 10o0 2o00
Cma~gl by the C~mmunlty De~lopment De~rimen4: