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CC 06-17-02AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday June 17, 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. 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. Approve the minutes from the May 20, 28, and June 3 City Council meetings. Accept Accounts Payable from May 24, 31, and June 7, Resolution Nos. 02-104 to 02- 106. 3. Accept Payroll from June 7, Resolution No. 02-107. 4. Approve the terms and conditions of employment for fiscal year 2002/03: a). Amend the Memorandum of Understanding between the City and the Cupertino City Employee's Association, Resolution No. 02-108 Amend the Memorandum of Understanding between the City and Operating Engineers Local No. 3, Resolution No. 02-109 Amend the compensation program for unrepresented employees, Resolution No. 02-110 Fix the employer's contribution for medical insurance, Resolution No. 02-111 June 17, 2002 Page 2 Cupertino City Council & Cupertino Redevelopment Agency e). Amend the Administrative Rules and Regulations of the Personnel Code, Resolution No. 02-112. Approve Contract Change Order (CCO) No. 2, Safe Routes to Schools Project, in the amount of $3,700 for a total contract amount of $355,200, Resolution No. 02-113. o Set a public hearing for July 15, 2002 to change a street name from Maryknoll Court to Peralta Court, Resolution No. 02-114. Approve the Second Amendment to the Agreement Agency Agreement for Household Hazardous Waste, Resolution No. 02-115. o Accept the Completed City Project for the Annual Maintenance Contract with Tally Enterprises for Sidewalk, Curb, and Gutter Reconstruction. ° Adopt resolution accepting $20,000 payment from Mission West Properties as payment in full for housing mitigation fees for a building located at 10466 Bubb Road, Resolution No. 02-116. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Adopt the FY 2002-03 rates for the Assessment of Storm Drainage Fees the Nonpoint Source Program, Resolution No. 02-117. 11. Consider the appeal of the Planning Commission's approval of application U-2002-02, a use permit to allow a six-bedroom residence at 10567 Glenview Avenue to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right. 12. Discuss and adopt the 2002/03 Budget/Capital Improvement Projects (CIP), Resolution No. 02-118 and 02-119. a). Discuss new programs funded in budget Discuss new programs not currently funded Discuss expanded revenue enforcement Grant a negative Declaration Report and evaluate various capital projects and options for the funding of the Capital Improvement Program (CIP) for FY 2002-03. PLANNING APPLICATIONS UNFINISHED BUSINESS June 17, 2002 Cupertino City Council & Cupertino Redevelopment Agency Page 3 NEW BUSINESS 13. Order the abatement of public nuisance (brush) pursuant to provisions of Ordinance 724 and Resolution No. 02-087, Resolution No. 02-120. 14. Consider endorsement of HR 4058 to achieve parity between the immigration status required for airport employment and military service. 15. Consider removing the restriction on skateboarding in the Civic Center area. 16. Consider acquiring public sculpture and confirm site selection and public input process. 17. Confirm date of August 19 to interview Teen Commission candidates from Hyde Middle School and Homestead High School. ORDINANCES 18. Conduct the second reading of Ordinance No. 1897: "An Ordinance of the City CoUncil of the City of Cupertino Amending Chapters 3.22 and 3.23 of the Cupertino Municipal Code Regarding the Purchasing of Supplies, Equipment and Services." STAFF REPORTS COUNCIL REPORTS Mayor Richard Lowenthal: 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 JPA Alternate June 17, 2002 Page 4 Cupertino City Council & Cupertino Redevelopment Agency West Valley Mayors and Managers Alternate Councilmember 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 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) Valley Transportation Authority Policy Advisory Committee CLOSED SESSION Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, Carol Ferrell, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3, Cupertino City Employee's Association and the unrepresented employees Compensation program. ADJOURNMENT Adjourn to the Teen Commission interviews on June 19 at 5:00 p.m. in Conference Room A. June 17, 2002 ROLL CALL PUBLIC HEARING Cupertino City Council & Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING A. Adopt the 2002/03 Budget of the Redevelopment Agency, Resolution No. 02-02. ADJOURNMENT Page 5 CUPEI INO DRAFT MINUTES CUPERTINO CITY COUNCIL Monday May 20, 2002 PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 TorTe Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sanclra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, and City Clerk KJmberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang/James moved to approve the items on the Consent Calendar as recommended, with the exception of items 1 and 12 which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 2. Accounts Payable: May 3 and May 10, Resolution Nos. 02-083 and 02-084. 3. Payroll: May 10, Resolution No. 02-085. 4. Application for Alcoholic Beverage License, Olam Thai Cuisine, 19672 Stevens Creek Blvd. May 20, 2002 Cupertino City Council Page 2 Approve the destruction of records from the City Clerk, Community Development, Finance, and Emergency Preparedness files, which are in excess of two years old, Resolution No. 02-086. - Declaring weeds and brush growing on certain described properties to be a public nuisance and setting hearing for June 17 for objections to proposed removal, Resolution No. 02-087. Annexation: Make determinations and approve the reorganization of territory designated "Orange Avenue 02-01", property located on the west side of Orange Avenue between Granada Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, Javanmard, and Asgari (APN 357-16-029), Resolution No. 02-088 (continued from April 15). Improvement plans & final map, R & Z Development, 20075 De Palma, Resolution No. 02-089. Authorizing execution of tract agreement, Taylor Woodrow, Tract No. 9410, Located on Imperial Avenue, Resolution No. 02-090. 10. Authorizing execution of public plaza agreement, Taylor Woodrow, Tract No. 9410, Located on Imperial Avenue, Resolution No. 02-091. 11. Authorizing execution of Pedestrian Path and Maintenance Agreement, RWC, LLC, 10120 Imperial Avenue, Resolution No. 02-092. 13. Grant of easement, public utilities, Cupertino City Center Owners Association, Lot 7, Tract 7953, Resolution No. 02-094. 14. Acceptance of city projects performed under contract (no documentation in packet): a). Wolfe Road Bicycle Facility Improvement Project, Project No. 9440 b). Bollinger Road Bicycle Facility Improvement Project, Project No. 9443 (G.A.B. Construction, Inc.) ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 1. Approval of minutes: May 3, 6 and 13. The City Clerk amended the minutes of May 13 to reflect that Planning Commissioner Angela Chen was absent. Kwok/James moved to approve all three sets of minutes, with the amendment to May 13. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 12. Annual Overlay, Project No. 2001-04 (DeSilva Gates) a). Approval of Contract Change Order No. 1 in the amount of $27,225.79 for a total contract amount of $1,305,176.79, Resolution No. 02-093 May 20, 2002 Cupertino City Council Page 3 b). Acceptance of project Public Works Director Quails amended the amotmt of the change order to read $26,900.79, for a total contract amount of $1,305,176.79. Sandoval/James moved to approve the change order, as amended, and accept the project. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS - None PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 15. Report from Fine Arts Commission (FAC) regarding 2001-2002 accomplishments, guidelines for the selection of public art, and recommending the purchase of public art works. City Clerk Kimberly Smith reviewed the staff report highlighting commission's accomplishments, reviewed the recommendations regarding the .purchase of five sculptures, and distributed a handout showing maps to various parks and photographs of places where public sculpture could be placed. Artist Roger Berry presented a model of a sculpture proposed for the open space at the comer of Stevens Creek and DeAnza Boulevards. James/Kwok moved to accept the conceptual design. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Sandoval/James moved to approve the General Guidelines for the Selection as Public Art, with the suggestion that, at the discretion of the Fine Arts Commission, the last paragraph on the first page be amended to read: "Where public funds are used, the community surrounding the future art may be invited to participate in helping to select the artwork and to generate community acceptance." Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Fine Arts Commissioners Barbara Phelps, Hema Kundargi, and Shirley Lin-Kinoshita discussed the five sculptures recommended for purchase and placement in Cupertino Parks. Council members discussed the FAC proposal and asked the City Manager to coordinate the next steps in the process, including: Submitting the proposal to the Parks and Recreation Commission for their input Arranging a field trip or other solution so that the Council members could personally view the art works May 20, 2002 Cupertino City Council Page 4 16. o Identi~ the next steps in the process, including selection of a site and soliciting public input. Change Community Development Block Grant (CDBG) designation from participant in Urban County program to entitlement grantee for funding purposes, Resolution No. 02- 095. James/Sandoval moved to adopt Resolution No. 02-095. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 17. Selection of date for joint study session with Cupertino Housing Commission to continue selection criteria for Below Market Rate (BMR) program and update on options for encouraging public service employee housing. Council concurred to hold the study session on Monday, July 15, 2002, at 4:30 p.m. 18. Minor modifications to the Cupertino Municipal Code Section 11.34, Roadway Design Features relating to the installation of road bumps. Mr. David Erick, 10728 Maxine Avenue, reviewed his letter to City Council recommending that the ordinance not be changed. Reading and enactment of Ordinance No. 1896: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Adding Section 11.34.050 Relating to Construction Engineering of the Installation and Maintenance of Road Bumps and Declaring the Urgency Thereof." The City Clerk read the title of the ordinance. James/Chang moved to read the ordinance by title only, and that the City Clerk's reading would constitute the only reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES 19. Second reading and enactment of Ordinance No. 1895: "An Ordinance of the City Council of the City of Cupertino Adopting Chapter 2.XX of the Cupertino Municipal Code Establishing The Bicycle Pedestrian Commission." Sandoval/James moved to make further changes to the ordinance: 1) Delete line in paragraph .010 which said, "At least one member shall be a person experienced in pedestrian issues and walk-ability"; 2) Change line in paragraph .010 from "At least four members shall be City of Cupertino residents" to say, "All members shall be City of Cupertino residents"; and 3) Change the word "plan" in paragraph .080 B2 to read "guidelines." May 20, 2002 Cupertino City Council Page 5 The City Clerk read the title of the ordinance. Sandoval/James moved and seconded to read the amended ordinance by title only, Md that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Ehang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS Mayor Lowenthal reordered the agenda to discuss item 22 next. 22. Report on the status of the traffic barrier gate at Pacifica Avenue near Torre Avenue. The following individuals spoke in favor of repairing the traffic barrier that closes off traffic at Pacifica during the commute hours. They cited a need for increased traffic enforcement because of drivers speeding and running stop signs, endangering pedestrians including children and seniors, and the impacts of a continuous stream of traffic all day long. Some speakers said that the study period proposed was not long enough to take into account commuters who had not yet realized that the barrier was not functional, and that future development in the neighborhood would only increase the impacts. Steven Scharf, Somerset Drive Cliff Hamilton, Pacifica Drive Kellee Noonan, Farallone Drive Ram Swaminathan, Pacifica Drive Paul Bommarito, Martinwood Drive Arlene Boyd, Clifden Way Richard Rahn, Farallone Drive Ken Foot, Farallone Drive Sophia Sheyma, Pacifica Drive Doug Boyd, Clifden Drive The following individuals spoke in favor of removing the traffic barrier. Their reasons included: That it would provided much faster access for emergency vehicles; that it would improve access to the many dentists' and doctors' offices at the Town Center; for local residents; that it was an inconvenience and forced residents to travel farther on other local streets; that dosing the gate to commuter traffe merely funneled it over to another street less appropriate for handling the volume. These residents also requested improved traffic enforcement, and some suggested the use of speed bumps or other traffic calming measures. Helene Sizemore, Clifden Way Nita McGalliard, Clifden Way Diane Lee, Pacifica Drive Donald Phillips, Gillick Way R. T. Parmley, Brittany Court Fred Schwalbach, Silverado Avenue Leonard Ezerski, Farailone Drive Paul Hansen, Silverado Avenue Jim James, 20387 Gillick Way In response to a question by City Council, the City Attorney stated it was his opinion that the device was not legal, since it had not been approved by the State, and that is a requirement under the vehicle code. He said when it had originally been closed during commute hours, it was accomplished by having two city employees place and remove sawhorses twice each weekday, but that was too labor-intensive. Later the device was installed, and that Council chose to take the legal risk. May 20, 2002 Cupertino City Council Page 6 James/Sandoval moved/seconded to accept staff's recommendation that the gate not be repaired. They also moved that staff should identify other traffic control devices in town and arrange for public input to consider removing those devices as well. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Council asked for a report back on other mitigation measures which might help with the problem, and that the traffic study be done during the time when the schools are open. Qualls said that it would be similar to a design study for the safe routes to schools, and he would bring back information about those costs to Council at their budget study session. RECESS At 9:30 p.m., Council recessed. The meeting was reconvened at 9:40 p.m. STAFF REPORTS - continued 20. Revenue adjustments to the 2001-02 operating budget. James/Kwok moved and seconded to adopt the revenue adjustments as shown in the attachment to the staff report. The total amount of the revenue adjustment was a reduction of $2,876,800. Reductions in the General Fund revenues included taxes, licenses and permits, use of money and property, charges for services, miscellaneous revenue, and operating transfers in. Revenue adjustments were also made to the Housing and Communication Rehabilitation Loan Fund, the Park Dedication Fund, and Enterprise Funds, including Blackberry Farm, Sports Center, and the recreation program. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 21. Consider committing $57,800.00 of general fund money to construct an addition to the Cupertino High School field house, so that table tennis equipment can be stored on site, and purchasing table tennis equipment for an additional $9,000. Parks and Recreation Director Therese Smith explained that the Fremont Union High School District had conducted a bid opening but the low bidder had withdrawn the bid, so at this time the information is not current. Council concurred to continue this item to the June 3 meeting. 23. Report on City Center Plaza project at the Four Seasons Comer site (southeast comer of Stevens Creek Boulevard and De Anza Boulevard). Landscape architect Paul Lettieri made a presentation on the proposed conceptual plan for the open space at this location. May 20, 2002 Cupertino City Council Page 7 Public Works Director Ralph Quails explained that the city's bidding requirements and lead times do not make it possible to complete interim park improvements before the hotel opens in July. Instead, staff proposes a hearing in early June to change a condition on the hotel's use permit. Instead of requiring the hotel to pay $30,000 fee toward pedestrian improvements, they could take responsibility for the interim park. Tamsen McCracken, representing the Kimpton Group, said their landscape contractor anticipates being able to complete the park on time. The details about cost still needed to be worked out. She invited the Council members to a tour of the hotel and said they were on schedule to open July 2. Don Bragg, representing the Cupertino City Center Owner's Association, which owns the open space, and also representing the Verona Apartments, which is adjacent to the open space. He said that when Council does get ready to adopt the plan for the open space, the owners association must also approve it. They are still working with the conceptual plan, and in particular the grove of trees, which is in front of the retail stores. He mentioned the budget concerns related to the cost of this conceptual plan, and said they are optimistic that when the apartments open this will be a completed project. Their target date for opening the apartments is about March or April of 2003. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None ADJOURNMENT At 10:50 p.m. the City Council adjourned to a budget advisory study session from 5:00 p.m. to 9:00 p.m. on Tuesday, May 28. 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 x~wvw.cupertino.org. 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 DRAFT MINUTES Cupertino City Council, Regular Adjourned Meeting Conference Room C, 10300 Torte Avenue Tuesday, May 28, 2002 5:00 p.m. ROLL CALL The meeting was called to order at 5:05 p.m. in Conference Room C at City Hall, 10300 Torre Avenue. City Council members present: Mayor Richard Lowenthal, Vice-Mayor Chang and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None ORAL COMMUNICATIONS - None CLOSED SESSION At 5:06 p.m. Council convened in a closed session. Significant Exposure to Litigation - Government Code Section 54956.9(b)(1), Settlement of dispute over payment of Housing Mitigation Fees at 10460 Bubb Road (Mission West Properties, Carl Berg). Purpose of closed session is to meet with the City Attorney and Director of Community Development. Pending Litigation - Government Code Section 54956.9(a), City of Cupertino vs. International Disposal Corporation (IDC), California, case #CV793115. (This matter arose at~er the posting of the agenda). Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City's management representatives David Knapp, Carol Atwood, Ralph Quails, Carol Ferrell, and Sandy Abe, concerning labor negotiations with Operating Engineer's Local No. 3 and Cupertino City Employee's Association. The Council reconvened in open session at 6:23 p.m. The City Attorney announced that with respect to item number 1, Council authorized staff to settle the claim based upon the discussions in closed session. With respect to item number 2, the City Attorney announced that the Council authorized the engagement of 2 May 28, 2002 Cupertino City Council Shute, Mihaly, and Weinberg as Associate Counsel and that staff would come back with further information. With respect to item number 3, the City Attorney announced that Council received information from its representative and gave direction to the representative as discussed in closed session. - STUDY SESSION City Council study session on 2002-2003 budget. This meeting included discussion of the overall financial picture, Capital Improvement Projects (CIP), "at-risk" revenues, debt financing, and program options. Administrative Services Director Carol Atwood reviewed a PowerPoint presentation that included the following: · Study session goals · Budget projections for 2001-02 · Reserve policy as of 12/17/01 · Council policy on CIP reserve · Budget projection for 2002-03 · Budget assumptions · General fund revenues · Revenues "at risk" · Revenue strategies · Department operation budgets · General fund expenditures · Proposed programs · Revisiting CIP project scope · Policy direction Council briefly discussed the following topics: · Proposed new programs as outlined on page 12 of the proposed budget · Debt financing for the library, animal shelter, and to defer property sales · Enhanced business license enforcement for the flea market, farmer's market, and community events · Possible revision to fee waiver policy · Funding of capital projects Director of Public Works Ralph Quails reviewed the 5-Year Capital Improvement Program (CIP). 3 May 28, 2002 Cupertino City Council ADJOURNMENT At 9:00 p.m. the meeting was adjourned, to continue the budget study session, on Monday, June 3 at 4:30 p.m. - Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. The study session on May 28 was not televised. CUPE INO DRAFT~N~ES Cupertino City Council, Regular Adjourned Meeting Monday, June 3, 2002 ROLL CALL At 4:35 p.m. the mayor called the meeting to order in Conference Room C. Council members present: Lowenthal, Chang, James, Kwok, Sandoval. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Quails, Finance Manager Carol Ferrell, and Deputy City Clerk Grace Johnson. STUDY SESSION (4:30 p.m.) Conference Room C City Council study session on 2002-2003 budget. This meeting included discussion of the overall financial picture, Capital Improvement Projects (CIP), "m-risk" revenues, debt financing, and program options (continued from May 28). Administrative Services Director Carol Atwood reviewed the handout titled, "Santa Clara County City Survey Business License Fees as of 6-3-02 and "City of Cupertino Projected Business License Revenues as of 6-3-02." She and City Attorney Charles Kilian said they would look into the equitability of charging a license fee to vendors. Parks and Recreation Director Therese Ambrosi Smith discussed the handout regarding the breakdown of fee waivers for various community events. Public Works Director Ralph Quails reviewed the 5-Year Capital Improvement Program (CIP) fi.om page 224-225 of the Proposed Budget for 2002-03. Council discussed the shortfall of funds for the City Center Plaza and options for coming up with funding. Council directed the Public Works staff to look at the Stevens Creek Road widening project and the other pedestrian projects to find out how much funding could be salvaged if the projects were to be deferred or not awarded. June 3, 2002 Cupertino City Council Page 2 Council discussed the proposed programs from page 12 of the Proposed Budget for 2002- 03 and expressed interest in the following projects: · Senior Center Bilingual Interns · We Value Youth · Multi-Lingual Health Fair · Lunar New Year Parade RECESS Council recessed at 6:34 p.m. PLEDGE OF ALLEGIANCE At 6:52 p.m. Mayor Lowenthal called the meeting to order in the City Council Chambers and led the Pledge of Allegiance. ROLL CALL Council members present: Lowenthal, Chang, James, Kwok, Sandoval. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, Recreation Coordinator Kim Frey, Senior Planer Aarti Shrivastava, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS 2. Report from the Teen Commission on their accomplishments for 2001-02. Outgoing Teen Commissioner Maurice Noone reviewed a PowerPoint Presentation titled, "Teens 'N Tino, The Inaugural Year of Cupertino Teen Commission." The Council thanked and congratulated the commission on its successful first year. POSTPONEMENTS WRITTEN COMMUNICATIONS June 3, 2002 Cupertino City Council Page 3 ORAL COMMUNICATIONS Steven Scharf, 20183 Somerset Drive, discussed the Pacifica gate barrier. He said that according to the California Vehicle Code, barriers on local streets are officially classified as roadway design features and excluded from the definition of official traffic control devices and therefore the gate is not illegal. Mayor Lowenthal asked City Attorney Charles Kilian to respond to Mr. Scharf in writing. Mark Peebles, 10166 Barbara Lane, discussed the School Board proposal to redraw the Middle School boundaries and asked Council to get involved in that decision to keep the children of the Faria Community safe while walking to school. Jeff Herman, 20350 Stevens Creek Blvd. #518, discussed the City's ordinance regarding the hours of operation and noise limits for leaf blowers. CONSENT CALENDAR Kwok/James moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 3. Accounts Payable: May 17, Resolution No. 02-096. 4. Payroll: May 24, Resolution No. 02-097. 5. Treasurer's Budget Report - April 2002. 6. Application for Alcoholic Beverage License, Cypress Hotel, 10050 S. De Anza Blvd. Grant of easement, roadway, Ram Vemulapalli, 10225 Orange Avenue, Resolution No. 02-098. o Authorizing execution of improvement agreement, Ram Vemulapalli, 10225 Orange Avenue, Resolution No. 02-099. o Accepting quitclaim deed & authorization for underground water rights, Ram Vemulapalli, 10225 Orange Avenue, Resolution No. 02-100. 10. Authorizing execution of improvement agreement, Mark Roberts, Tract 9405, Campo de Lozano, Resolution No. 02-101. 11. Approval of recommendation from Telecommunications Commission for awarding a public access grant. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None Mayor Lowenthal re-ordered the agenda to discuss Item 16 next. I-I.3 June 3, 2002 Cupertino City Council Page 4 16. Report from the Faria School Site Council requesting that the City Council approve a pilot program to implement a 30-minute "drop-off" zone on streets adjacent to the school. Public Works director Ralph Quails reviewed the staff report. The following individuals were in favor of the pilot program. Their comments included the following: The program would increase traffic safety for children, increase neighborhood security with regard to cars parked in the vicinity, and give the Faria parents the same oppommity to drop off their children as was available at other schools. They noted that this is a temporary trial period only. Dolly Travers, 1226 Crescent Terrace (Principle of Faria School) Suresh Kadiyaza, 21103 Grenola Drive Sharon Kohlmannslehner, 20416 Via Volante David Leung, 890 S. Blaney Avenue Nan-Sing Chuang, Linda Vista Drive Nellie Lui S.R. Venkatramanan, 21876 Wilson Court Jenniffer Kan, 1052 S. Blaney Avenue Steve Lin, 20770 Cheryl Drive The following individuals were opposed to the pilot program. Their comments included the following: The program would increase traffic, pose a neighborhood security risk of property damage, cause enforcement issues from De Anza College students parking in the neighborhood, and legitimize what is already being done illegally by parking in a permit area. Susan Chen, 20910 Pepper Tree Lane Hongyan (Helen) Jiang, 20896 Pepper Tree Lane Sharon Lu, 20851 Scofield Drive Mark Peebles, 10166 Barbara Lane Gang Qiu, 20910 Pepper Tree Lane Lucille Honig, 20745 Scofield Drive Edward J. Britt, 20850 Pepper Tree Lane Stephen O'Brien, 10222 Barbara Lane Rose Chang, 20971 Pepper Tree Lane John Tong Deepak Viswanath, 10195 Bonny Drive James/Kwok moved and seconded to approve staff's recommendation of a temporary, 30- minute drop-off zone as shown in the staff report during the hours specified below. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Mon-Fri: 8-9 a.m. Mon, Wed, Thur, Fri: 2:30-3:30 p.m. Tues: 1:30-2:30 p.m. June 3, 2002 Cupertino City Council Page 5 RECESS Council was in recess from 8:45 p.m. to 8:50 p.m. Council member James left after the conclusion of item 12 and was absent for the rest of the meeting. PUBLIC HEARINGS 12. Kimpton Hotel: Amending condition number 30 of Use Permit 05-U-00, Kimpton Hotel, 10050 S. De Anza Boulevard, regarding contributions to a pedestrian crossing, Resolution No. 02-102 b). Authorization for the City Manager to negotiate and execute a cost sharing agreement with Kimpton Hotel Properties to contribute up to $10,000 to the cost of the interim improvements on Four Seasons comer, Resolution No. 02- 103 Public Works Director Ralph Qualls reviewed the staff report. At 8:55 p.m. the public hearing was opened. No speakers were heard and the public hearing was closed. Chang/Sandoval moved and seconded to adopt Resolution No. 02-102. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. Chang/Sandoval moved and seconded to adopt Resolution No. 02-103. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. 13. City of Cupertino operating budget and Capital Improvement Program (CIP) budget for 2002-03. Administrative Services Director Carol Atwood reviewed the budget for 2002-03 via a PowerPoint presentation. The topics included budget projections, reserve policy, Capital Improvement (CIP) reserve, budget assumptions, general fund revenues, revenues at risk, revenue strategies, department operating budgets, general fund expenditures, proposed programs, revisiting CIP project scope, and policy direction. At 9:05 p.m. the public hearing was opened. No speakers were heard and the public heating was closed. Council received the report. June 3, 2002 Cupertino City Council Page 6 PLANNING APPLICATIONS 14. Authorization for a General Plan Amendment to locate a church in an existing office building at 10051 Pasadena Avenue, Application No. GPA-2002o01. Senior Planner Aarti Shrivastava reviewed the staff report. The applicant, David Chuj, 10051 Pasadena Avenue, further described the project. Kwok/Chang moved and seconded to authorize a public hearing for a General Plan Amendment as recommended. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. UNFINISHED BUSINESS NEW BUSINESS 15. Reappointment of Joseph Walton to the Valley Transportation Authority Bicycle Pedestrian Advisory Committee. Public Works Director Ralph Qualls reviewed the staff report. Sandoval/Chang moved and seconded to reappoint Joseph Walton, direct the Mayor to send a letter to the VTA Board regarding the reappointment, and direct the Director of Public Works to draft the letter. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. 17. 18. 19. First reading of Ordinance No. 1897: "An Ordinance of the City Council of the City of Cupertino Amending Chapters 3.22 and 3.23 of the Cupertino Municipal Code Regarding the Purchasing of Supplies, Equipment and Services." City Attomey Charles Kilian reviewed the ordinance. The Deputy City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the only reading thereof. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. Consider cancellation of the August 5, 2002 regular City Council meeting. Chang/Kwok moved and seconded to cancel the meeting of August 5. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. Confirm time of Teen Commission interviews scheduled for Wednesday, June 19. Council confirmed the interviews would begin at 5:00 p.m. on June 19. June 3, 2002 Cupertino City Council Page 7 ORDINANCES 20. Second reading of Ordinance No. 1895: "An Ordinance of the City Council of the City of Cupertino Adopting Chapter 2._ of the Cupertino Municipal Code Establishing the Bicycle Pedestrian Commission." The Deputy City Clerk read the title of the ordinance. Kwok/Chang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Vote: Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. Kwok/Chang moved and seconded to enact Ordinance No. 1895. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. STAFF REPORTS 21. Consider committing $57,800.00 of general fund money to construct an addition to the Cupertino High School field house so that table tennis equipment can be stored on site, and to purchase table tennis equipment for an additional $9,000 (continued from May 20). Parks and Recreation Director Therese Ambrosi Smith reviewed the staff report. Council concurred to continue the item to the first available City Council meeting alter the new bidding results are available and directed staff to compare the field house option to the sports center option in terms of hours, number of tables, days of the week, and cost. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION ADJOURNMENT At 9:55 p.m. the meeting was adjourned. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 02-104 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 MAY 24, 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 mounts 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 17 day of June ., 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino os/23/o2 AC~ING PEAIOD: 11/02 SET.~.C't'TION CRITERIA: granNa¢~.gra_da.[e be[we~n "05/20/2002" nd "05/24/2002" FUND - 110 - G]~AL FUND CASH ACCT CHECK NO 1020 593172 1020 593172 TOTAL CHECK 1020 593173 05/24/02 2328 1020 593173 05/24/02 2328 1020 593174 05/24/02 2110 1020 593175 05/24/02 2566 1020 593176 05/24/02 26 1020 593177 05/24/02 29 1020 593178 05/24/02 918 1020 593179 05/24/02 1532 1020 593180 05/24/02 M2002 1020 593181 05/24/02 57 1020 593181 05/24/02 57 TOTAL CHECK 1020 593182 05/24/02 2504 1020 593183 05/24/02 968 1020 593183 05/24/02 968 1020 593183 05/24/02 968 1020 593183 05/24/02 968 1020 593183 05/24/02 968 TOTAL CHECK 1020 593184 05/24/02 2684 1020 593185 05/24/02 M2002 1020 593186 05/24/02 92 1020 593187 05/24/02 100 1020 593188 05/24/02 106 1020 593189 05/24/02 1066 1020 593190 05/24/02 1273 1020 593191 05/24/02 809 1020 593191 05/24/02 809 CITY OF CUPERTI/~O CHECK ~EGISTER - DISBU~S~4ENT FUND ISSUE DT .............. VENDOR ............. FUND/DEFT 05/24/02 1695 3M 2708404 05/24/02 1695 3M 2708404 A/C SERVICE & DESIGN CO. 1108503 A/C SERVICE & DESIGN CO. 1108503 ABC BACKFLOW TESTING REP 1108314 TO~AIDALA 4239222 A/R FILTEK CONTROL INC 1108501 LYNNE DIANE AITiG~N 5706450 ALAMO WORLD TRAVEL ANDT 5506549 ALOTTA'S DELICATESSEN 2204011 AMERICAN WATCH CO. 1106343 ARAMARK 110~510 ARAMARK 1104510 A~TNE-LORP. AINE BAHI 5706450 BA~ AUTO PA~TS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO FARTS 6308840 BAP AUTO PARTS 6308840 BA~BEQUES GALORE 4249210 BEPJG~Y TABLE TENNIS CLU 5706450 BEST OF COUPONS 5706450 BMI IMAGING SYSTEMS 1104300 BRIDGE WIRELESS/RADIO CO 1108503 BROWNING-FERRIS INDUSTRI 5208003 BSN/PASSON*S/GSC SPORTS 5606620 CALIFORNIA SPORT D~SIGN 5606600 CALIFORNIA SPORT DESIGN 5806249 ..... DESCRIPTION ...... SUPPLIES 8247 SUPPLIES 8247 TIME/MATERIALS TIME/MATERI;tLS C[~F2tNBACKFLOW DEVICE S~VIC~ A~7~EEM]~{T FOR PARTS/SUPPLIES S[I{VICE AG~EEMEN? FOR ADD'L 5 XTRA PEOPLE TLT DINNER CATERING TEEN CO~WEBSITE COFFEE SERVICE' EMPLOYEE COFFEE SERVIC SERVICE AGREEMENT FOR FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN FURC FY 2001-2002 OPE~ PURC CA/~TN COOK 5 BU~5~ER STIGATABLE TENNIS TBL FY 2001-2002 OPEN PU~C FY 2001-2002 OPEN PURC PARTS/SUPPLIES 8251 RECYCLA~LES/CO~4APR02 MISC SPORTS SUPPLIES 40 YRS OF FUN T-SHIRTS 40 Y~S OF FUN T-SHIRTS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PA~E i 243.56 214.34 457.90 740.37 354.00 1094.37 125.00 10690.20 467.08 150.00 335.00 2070.60 29.92 5~- 68 67=.58 150.00 74.41 12.47 38.95 32.73 41.55 200.11 577.36 600.00 1500.00 77.29 583.46 4843.90 751.96 226.50 F ~6 RUN DATE 05/23/02 TIME 17:06:26 - FINANCIAL ACCOUNTING 05/23/02 czTy oP cvP~TU~o ACCOUNTING PERIOD: 11/02 CHECK RRGZSTER - D~B~ ~ TION ~I~IA: =ra~ac~.=r~_~e ~=we~ '05/20/2002" ~d "05/24/2OO2" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593191 05/24/02 809 1020 593191 OS/24/02 809 1020 593191 05/24/02 809 1020 593191 05/24/02 809 CALIFORNIA SPORT DESIGN 5506549 CALIFORNIA SPORT DESIGN 5806449 CALIFORNIA SPORT DESIGN 1106343 CALIFORNIA SPORT DESIGN 1106342 1020 593192 05/24/02 1145 CALIFORNIA SURVEYING & D 4239222 1020 593193 1020 593193 TOTAL CHECK 05/24/02 2232 CARIAGA, LOURDES 110 05/24/02 2232 CARIAGA, LOURDES 110 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH I020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH 1020 593194 05/24/02 148 CASH TOTAL CHECK i 593195 05/24/02 149 CASH 1020 593195 05/24/02 149 CASH 1020 593195 05/24/02 149 CASH 1020 593195 05/24/02 149 CASH 1020 593195 05/24/02 149 CASH TOTAL CHECK 1108406 1108315 1108501 1108201 1108312 1106830 1108407 1108503 2708404 1104400 1104510 1104310 2204010 1107501 1020 593196 1020 593197 1020 593197 TOTAL CHECK 05/24/02 2136 o5/24/o2 lO57 05/24/02 1057 CENTRAL COMPUTER 6104800 CERIDIAN BENEFITS S~RVIC 110 CERIDIAN BENEFITS SI~RVIC 110 1020 593198 05/24/02 1156 CHA 110 1020 593199 05/24/02 M~2002 CHRISTIAN, KELSEY 5806349 1020 593200 05/24/02 1453 CHRISTOPHERS CARPET SERV 1108505 1020 593201 05/24/02 M (~IUK, OIPING 580 1020 593202 05/24/02 1756 CITY OF SUNNYVALE-UTILIT 1108511 1020 S93203 1020 593204 102.__Q 593204 ~ 593204 05/24/02 2119 05/24/02 173 05/24/02 173 05/24/02 173 C~TA:CALIFMUNICIPALBU 1104200 COCA-COLA BOTTLING OF CA 5706450 COC~-COLABOTTLINGOF CA 5706450 COCA-COLABOTTLINGOF CA5706450 ..... DESCRIPTION ...... 40 YRS OF FUN T-SHIRTS 40 YRS OF FlINT-SHIRTS SKATE T-SHIRTS 40 YRS OF FUN T-SHIRTS SUPPLIES PETTY CASH 5/06-5/21 P~-l-*'g CASH 5/06-5/21 PETTY CASH 5/06-5/21 P~fTYCASH 5/06-5/21 P~1-£~ CASH 5/06-5/21 P~-l-l'~ CASH 5/06-5/21 PRTTY CASH 5/06-5/21 PETTY CASH 5/06-5/21 P~-l-r~ CASH 5/06-5/21 P~'l-l'f CASH 5/13-5/21 PETTY CASH 5/13-5/21 PETTY CASH 5/13-5/21 P~'z-~'f CASH 5/13-5/21 PETTY CASH 5/13-5/21 SUPPLIES 16444 *FLEX DEP *FLEX HLTH CHA CANDY FOR DANCE TINE/MATERIALS REFUND #112252 3/08-5/14 M~ERSHIP RENWL P'Y 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 355.17 186.30 854.35 1073.59 3329.17 103.92 306.50 103.84 410.34 11.88 2.70 14.00 13.12 5.00 17.23 16.00 7.45 70.64 158.02 40.78 41.00 19.65 75.79 76.36 251.58 162.32 165.40 426.94 592.34 132.00 71.53 120.00 11.00 8.23 60.00 584.60 2~2.30 406.50 RUN DATE 05/23/02 TIME 19:06:26 - FINANCIAL ACCOUNTING 05/23/02 ACCOUNTING PERIOD: 11/02 CITY OF CUPERTINO CHECK REGISTER - DISBURSI~ENT SELECTION CRITERIA: cransac~.crans_dace between "05/20/2002" and "05/24/2002" FUND - 110 - GEITERAL FUND ISSUE DT .............. VENDOR ............. FUND/DEPT. COCA-COLAUSA 5606620 COCA-COLAUSA 5606620 COCA-COLAUSA 5606620 COCA-COLAUSA 5606620 COCA-COLAUSA 5606620 COCA-COLAUSA 5606620 COTTON SHIRES & ASSO INC 1108101 CU~I~ING HENDERSON TIRE 6308840 DAY-TIMERS, INC. 1106500 DELL MARKETING L.P. DELL MARKETING L.P. DELL F~%RKETING L.P. DELL FdLRKETING L.P. 6104800 6104800 6104800 6104800 DESILVA GATES CONSTRUCTI 2709450 DISTRICT ATTOPdqEY TRUST 110 DLT SOLUTIONS INC 6109853 ECONOLITE CON~fROL PRODUC 1108602 ELESC0:EMERGENCY LIGHTIN 1108504 ELESC0:EMERGENCY LIGHTIN 1108504 F24PLOYMENT DEVEL DEPT 110 EMPLOIqV~RT DEVELOPP~q'T 110 ENGINEERING DATA SERVICE 110 EV~uNS WEST VA?.T.~Y SPRAY 1108315 FAMILY SUPPORTTRUSTEE 110 FEDERAL EXPRESS CORP 5208003 FIDELITY NATIONAL TITLE 1101500 FIELD PAOLI ARCHITEC'ZTIRE 4269212 FIRST PLACE INC 2204010 CASH ACCT CHECK N0 TOTAl, CHECK 1020 593205 05/24/02 175 1020 593205 05/24/02 175 1020 593205 05/24/02 175 1020 593205 05/24/02 175 1020 593205 05/24/02 175 1020 593205 05/24/02 175 TOTAL CHECK 1020 593206 05/24/02 183 1020 593207 05/24/02 1407 1020 593208 05/24/02 M2002 1020 593209 05/24/02 1838 1020 593209 05/24/02 1838 1020 593209 05/24/02 1838 1020 593209 05/24/02 1838 TOTAL CHECK 1020 593210 05/24/02 1983 1020 593211 05/24/02 1994 1020 593212 05/24/02 2113 1020 593213 05/24/02 2128 1020 593214 05/24/02 1912 1020 593214 05/24/02 1912 TOT;iL C~ECK 1020 593215 05/24/02 242 1020 593216 05/24/02 243 1020 593217 05/24/02 234 1020 593218 05/24/02 251 1020 593219 05/24/02 258 1020 593220 05/24/02 260 1020 593221 05/24/02 2687 1020 593222 05/24/02 2304 1020 593223 05/24/02 262 RUN DATE 05/23/02 TIME 17:06:27 ..... DESCRIPTION ...... FOUNTAIN MACEINE LEASE FOUNTA/N MACHINE LEASE FOUNTAIN MACEINE LEASE FOUNTAIN MACHINE LEASE FOIHTTA.TN MACHINE LEASE FOUNTAIN MACHINE LEASE SERV 1/09-4/04/02 FY 2001-2002 OPEN PURC CALENDAR OCT-OCT2003 POWER EDGE 350 850 MHZ DELL INSPIRON 8100 128 POWER EDGE 350 850 MHZ DELL INSPIRON 8100 128 PUBLIC WORKS CONTRACT C4%RNISH]~q'T MAPGUIDE 6 SOFTWARE SU EPrfRAC RECEIVER SYSTEM PARTS/SUPPLIES PARTS/SUPPLIES SIT SDI P~%ILING NOTICES 5/13-1 TREE SPRAY CREEKSIDE CSGARNSMNT COURIER SERVICE PRELIM TITLE REPORT SERVICE AGREEMENT FOR LEADERSHIP GRAD GIFTS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 1203.40 21.65 21.65 21.65 21.65 21.65 27.06 135.31 1871.25 557.12 31.78 891.99 2923.86 173.20 305.27 4294.32 479- 23.08 8027.82 5256.90 14.70 24.00 38.70 16387.71 893.60 744.07 2500.00 352.62 18.87 395.00 3062.68 1 ql ACCOUNTING PERIOD: 11/02 (~(~ P.~GIST~R - DI~'~R~T FU~D SF *!ON CRITERIA: cransact.=rans_da=e be=ween "05/20/2002" and "05/24/2002" FUND - 110 - GENEPu%L FUND CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT DESCRIPTION SALES TAX 1020 593224 1020 593225 1020 593225 TOTAL 05/24/02 2659 05/24/02 268 05/24/02 268 1020 593226 05/24/02 2685 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 1020 593227 05/24/02 281 TOTAL CHECK 1020 S93228 05/24/02 1741 1020 593229 05/24/02 298 if-' 593229 05/24/02 298 lA 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 1020 593229 05/24/02 298 TOTAL CHECK 1020 593230 05/24/02 899 1020 593230 05/24/02 899 1020 593230 05/24/02 899 1020 593230 05/24/02 899 1020 593230 05/24/02 899 TOTAL CKECK 1020 593231 05/24/02 314 1020 593232 05/24/02 2522 1020 593233 05/24/02 327 ! 593234 05/24/02 2667 FLAGS OVER AMERICA INC. 1108501 FOSTER BROS SECURITY SYS 1102403 FOSTER BROS SECURITY SYS 2708405 FUEL Q~ALITY MANA~EM~qT 6308840 GARDENLAND 6308840 GARDENL4~TD 1108312 GARDENLAND 1108408 GARD~ 6308840 GAR.D~ 6308840 ~ENLAND 6308840 GA.R.DENLAND 6308840 GARDENLAND 6308840 GOVCONNECTION, INC. 6104800 GRAINGER INC 6308840 GRAINGER INC 2708405 GRAI~G~R INC 1108303 GRAINGER INC 1108830 GRAINGER INC 6308840 GRAINGER INC 1108501 GRAINGER INC 1108504 GRAINGER INC 1108504 GRAINGER INC 1108504 GRAINGER INC 1108503 GRAINGER INC 1108507 GRAINGER INC 1108501 GRAINGER INC 1108501 (~,%INGER INC 6308840 GU~ZARDO & ASSOCIATES IN 2709446 GUZZARDO & ASSOCIATES IN 4259313 GUZZARDO & ASSOCIATES IN 4259313 GUZZARDO & ASSOCIATES IN 4259313 GUZZARDO &ASSOCIATES IN 4259313 H.V. CARTER CO INC 6308840 LYNN HE~r.~, 5506549 ~?.?~ DIRECT INC 1108507 HILTON FARNKOPF & HOBSON 5208003 FLAG SETS TIME/MATERIALS SUPPLIES 27144 PARTS/SUPPLIES WRON~ACCT # SUPPLIES 8265 SUPPLIES 8282 FY 2001-2002 OP~/q PURC WRONG ACCT # FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC HP NO 80 PRINT CATRIDG FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PLTRC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC PARTS/SUPPLIES 8277 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC PARTS/SUPPLIES S~RVICE AGREEM~qT FOR SERVICE AGREEMENT FOR SERVICE ~REEMENT FOR SERVIC~ AGREEMENT FOR SERVICE AGREEMENT FOR PARTS 8264 SERVICE AGREEMENT FOR PARTS 10774 SERVICE AGREEMENT FOR 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 619.20 1137.83 49.96 1187.79 1143.35 11.53 518.10 43.47 11.53 -11.53 406.51 17.66 49.23 1046.50 835.25 7S.17 71.20 71.20 71.19 53.27 67.29 34.39 74.82 74.82 219.45 74.82 149.64 43.57 425.16 1505.99 2260.00 4248.56 1665.44 7262.50 2103.88 17540.38 239.03 260.00 557.23 5464.17 RUN DATE 05/23/02 TIME 17:06:28 - FI1%%NCIAL ACCO0~TIN~ 05/23/02 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 11/02 CT{ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between -05/20/2002" and "05/24/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593235 05/24/02 2612 1020 593236 05/24/02 334 1020 593237 05/24/02 1898 1020 593237 05/24/02 1898 1020 593237 OS/24/02 1898 1020 593237 05/24/02 1898 1020 593237 05/24/02 1898 TOTAL CHECK 1020 593238 05/24/02 337 1020 593239 05/24/02 343 1020 593240 05/24/02 1847 1020 593241 05/24/02 1981 1020 593242 05/24/02 1122 1020 593243 05/24/02 369 1020 593243 05/24/02 369 TOTAL CHECK 1020 593244 05/24/02 807 1020 593245 05/24/02 372 1020 593245 05/24/02 372 TOTAL CHECK 1020 593246 05/24/02 2503 1020 593247 05/24/02 385 1020 593247 05/24/02 385 1020 593247 05/24/02 385 1020 593247 05/24/02 385 TOTAL C~ECK 1020 593248 05/24/02 390 1020 593249 05/24/02 1396 1020 593250 05/24/02 ME2002 1020 593251 05/24/02 1378 1020 593252 05/24/02 1602 1020 593253 05/24/02 1868 RON~ H~k%T~ 5506549 HOME DEPOT/GECF 1108504 HORIZON 1108312 HORIZON 1108312 HORIZON 1108303 HORIZON 1108312 HORIZON 1108303 HUSBANDS & ASSOCIATES 5208003 IC~ RETIP~ TRUST-45 110 THE IDEA BROKERS 5606620 IN%~,RSTATE TRAFFIC CONTR 2708404 JOHNSTON SUPPLY 1108507 KELLY-MOORE PAINT CO INC 1108314 KELLY-MOORE PAINT CO INC 1108505 CHA~S KILIAN 1101500 KINKO'S INC 5806649 KINq(O'S INC 1106647 CURTIS KONNO 5706450 LAB SAFETY SUPPLY 1108503 LAB SAFETY SUPPLY 1108503 LAB SAFE~I SUPPLY 1108503 LAB SAFETY SUPPLY 1108503 LAWSON PRODUCTS INC 2708405 LIEBERT CASSIDY & FRIERS 1104511 LOOMIS, MIKE 1108201 RICAR/)O MARTII~EZ 5706450 MBIAM~3NISERVICES COMPAN 1100000 METRO MOBILE CO~4UNICATI 1108507 ..... DESCRIPTION ...... SALES TAX SERVICE AGREEMENT FOR 0.00 SUPPLIES 22477 0.00 FY 2001-2002 OPEN PD'RC 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN P~3RC 0.00 FY 2001-2002 OPEN PURC 0.00 0.00 PARTS/SUPPLIES 0.00 *ICMA 0.00 CASUAL WIND SHIRT AND 0.00 SUPPLIES 8283 0.00 PARTS 8272 0.00 SUPPLIES 27180 ' 0.00 SUPPLIES 8286 0.00 0.00 PARKING IDC/LITIGATION 0.00 SUPPLIES 25056 0.00 SUPPLIES 25070 0.00 0.00 SERVICE AGREEM~/TT FOR 0.00 PARTS/SUPPLIES 0.00 SUPPLIES 8267 0.00 PARTS/SUPPLIES 0.00 PARTS/SUPPLIES 0.00 0.00 PARTS 8285 0.00 SERVICES 4/12-4/15 0.00 ADDITIONAL AIR FARE 0.00 FY 2001-2002 OPEN PURC 0.00 S.TAX AUDIT 4TH QTR 0.00 PARTS/SUPPLIES 0.00 AMOUNT 150.00 36.45 152.99 923.28 2497.56 482.46 211.65 4267.94 4993.51 6075.55 566.62 466.56 269.22 4 469.99 18.00 48.23 30.01 78.24 120.00 369.81 193.26 340.50 502.97 1406.54 109.32 1087.50 57.50 155.00 13700.63 RUN DATE 05/23/02 TIME 17:06:29 FINANCIAL ACCOUNTING 05/23/'02 ¢i'TY OH CUP~?INO PAGE ACCOUNTING PERIOD: 11/02 CHECK R~GISTER - DISBURSEMENT F~ND F:-- TION CRITERIA: transact.ir&ns_date between "05/20/2002" and "05/24/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 593253 1020 593253 TOTAL CHECK 1020 593254 1020 593255 1020 593255 1020 593255 TOTAL O~CK 1020 593256 1020 593256 TOTAL CHECK 1020 593257 1020 593258 1020 593259 1020 593259 TOTAL CHECK 593260 1020 593261 1020 593262 1020 593263 1020 593264 1020 593265 1020 593266 1020 593266 1020 593266 1020 593266 1020 593266 TOTAL C~ECK 1020 593267 1020 593268 1020 593269 1020 593270 1020 593270 / 593270 ISSUE DT .............. VENDOR ............. FUND/DEFT 05/24/02 1868 METRO MOBILE C0~9~UNICATI 1108504 05/24/02 1868 METRO MOBILE CO{~4~3NICATI 6308840 05/24/02 439 05/24/02 940 05/24/02 940 05/24/02 940 05/24/02 444 05/24/02 444 05/24/02 2567 05/24/02 470 05/24/02 471 05/24/02 471 05/24/02 473 05/24/02 475 05/24/02 302 05/24/02 480 05/24/02 2206 05/24/02 M2002 05/24/02 493 05/24/02 493 05/24/02 493 05/24/02 493 05/24/02 493 05/24/02 495 05/24/02 SOl 05/24/02 507 05/24/02 833 05/24/02 833 05/24/02 833 MICHAELS STORES, INC. MILPITAS MOWERS INC MILPITAS MOWERS INC MILPITAS MOWERS INC 5806349 6308840 6308840 6308840 MINTON'S LD~BER 1108312 MILTON'S LUMBER 1108501 MISDU 110 MUSSON THEATRICAL 1103501 MYERS TIRE SUPPLY COMPAN 6308840 MYERS TIRE SUPPLY COMP;tN 6308840 NASER DISTRIBUTORS INC 5606620 NATIONAL CONSTRUCTION RE 1108312 NATIONAL DEFERRED COMPEN 110 NELEEN ENGINEERING 2159620 O.K. FIRE EQUIPMENT COMP 1104400 OBERHOFER, JIM 1104400 OFFIC~ DEPOT 1108601 OFFICE DEPOT 5806349 OFFICE DEPOT 1108101 OFFICE DEPOT 1104510 OFFICE DEPOT 5806449 OFFICE HELPER 1106100 OPERATING ENGINEERS #3 110 DAN OSBORNE DBA:OSBOP~NE 1108830 P E R S 110 P B R S 110 P E R S 110 ..... DESCRIPTION ...... PARTS/SUPPLIES MOBILE RADIO UNITS D66 SALES TAX 0.00 730.69 0.00 1050.23 0.00 2511.61 SUPPLIES 25015 0.00 38.84 PARTS 82S7 0.00 109.92 PARTS 24463 0.00 33.61 PARTS/SUPPLIES 24461 0.00 38.24 0.00 181.77 PARTS/SUPPLIES 24312 PARTS/SUPPLIES 15631 0.00 41.85 0.00 33.55 0.00 75.40 0.00 223.00 0.00 797.64 0.00 14.00 0.00 19.95 0.00 33.95 CSGARNS~T RENTAL OF EQUIPMENTS F PARTS 24457 PARTS 24457 FY 2001-2002 OPE~ PURC 0.00 999.18 RENTAL 5/1-5/28 0.00 41.65 *NAT'L DEF 0.00 17748.37 SERVICE AGREEMENT FOR 0.00 4900.00 LABOR/MATERI~LS 0.00 145.26 INSTALLATION 0.00 299.00 OFFICE SUPPLIES 0.00 19.43 OFFICE SUPPLIES 0.00 356.20 OFFICE SUPPLIES 0.00 77.33 OFFICE SUPPLIES 0.00 6.47 OFFICE SUPPLIES 0.00 192.27 0.00 651.70 0.00 83.42 0.00 572.40 0.00 5600.00 0.00 327.28 0.00 117.18 0.00 24175.69 OFFICE SUPPLIES UNION DUES LABOR AND MATERIALS TO 'PERS BYBK PERS 1959 PERS EMPLY RUN DATE 05/23/02 TIME 17:06:29 FINANCIAL ACCOUNTING 05/23/02 ACCOUNTING PERIOD: ~.1/02 CITY OF CUPERTINO CHECK REGISTER - DISBUP~EMENT FUND SELECTION CRITERIA: transact.trans_date between "05/20/2002" and "05/24/2002" FUND - 110 - GE/~ERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593270 05/24/02 833 P E R S 110 1020 593270 05/24/02 833 P E R S 110 1020 593270 05/24/02 833 P E R S 110 TOTAL CHECK 1020 593271 05/24/02 511 PACIFIC BELL 1108501 1020 593271 05/24/02 511 PACIFIC BELL 1108505 1020 593271 05/24/02 511 PACIFIC BELL 1108501 1020 593271 05/24/02 511 PACIFIC BELL 5606620 1020 593271 05/24/02 511 PACIFIC BELL 1108504 1020 593271 05/24/02 511 PACIFIC BELL 1101500 1020 593271 05/24/02 511 PACIFIC BELL 1108501 1020 593271 05/24/02 511 PACIFIC BELL 1101500 1020 593271 05/24/02 511 PACIFIC BELL 5708510 1020 593271 05/24/02 511 PACIFIC BELL 1108505 1020 593271 05/24/02 511 PACIFIC BELL 6104800 1020 593271 05/24/02 511 PACIFIC BELL 1108505 1020 593271 05/24/02 511 PACIFIC BELL 1108504 1020 593271 05/24/02 511 PACIFIC BELL 5708510 1020 593271 05/24/02 511 PACIFIC BELL 1108503 1020 593271 05/24/02 511 PACIFIC BELL 1108503 TOTAL CHECK 1020 593272 05/24/02 520 PAPERDIRECT INC 1106343 1020 593273 05/24/02 2686 PARTITION SPECIALTIES, I 1108505 1020 593274 05/24/02 526 1020 593274 05/24/02 526 1020 593274 05/24/02 526 TOTAL CHECK PENINSULA DIGITAL IMAGIN 110 PENINSULA DIGITAL IMAGIN 1108101 PENINSULA DIGITAL IMAGIN 4209528 1020 593275 05/24/02 533 PERS LONG TERM CARE PROG 110 1020 593276 1020 593276 1020 593276 1020 593276 TOTAL CHECK 05/24/02 537 PETPRO PRODUCTS INC 1108303 05/24/02 537 PETPRO PRODUCTS INC 1108315 05/24/02 537 PETPRO PRODUCTS INC 1108314 05/24/02 537 PETPRO PRODUCTS INC 1108302 1020 593277 05/24/02 541 ROBIN PICKEL 5706450 1020 593278 05/24/02 544 PIP PRINTING 5208003 1020 593279 05/24/02 509 PW SUPERMARKETS INC 5806649 1020 593280 05/24/02 569 R.R.F. INC 1108601 1020 593281 05/24/02 1406 RAINES CHEVORLET 6308840 1020 593282 05/24/02 2414 RECREATION SUPPLY CO INC 5606620 ..... DESCRIPTION ...... *PERS BYBK PEPS BUYBK PEPS SPEC S/07-6/06 5/07-6/06 5/07-6/06 5/07-6/06 S/07-6/06 5/07-6/06 5/07-6/06 5/o7-6/o6 S/07-6/06 5/07-6/06 5/07-6/06 5/07-6/06 5/07°6/06 5/07-6/06 5/07-6/06 5/07-6/06 SUPPLIES 15683 MODERNFOLD SERVICE T~ACT MAP 9410 BOND PAPER LRG FORMAT BOND COPY PERS LTC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR SUPPLIES 16684 SUPPLIES 25057 CALIBRATE GUN 16698 FY 2001-2002 OPEN PURC SUPPLIES 15755 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 7 180.14 37.52 128.70 24966.51 89.51 55.25 89.53 89.54 490.80 89.54 245.41 245.41 89,54 89,54 259.33 245.41 89.54 245.40 245.40 89.54 2748.69 380.00 88.25 39.49 57.64 185.38 159.24 1091.36 1091.36 1091.36 1091.36 4365.44 585.00 175.29 13.34 65.00 88.75 RUN DATE 05/23/02 TIME 17:06:30 - FINANCIAL ACCOUNTING 05/23/02 ClT~ OF C'~'~RTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT Flied F HION CRITERIA: =ransac~.=rans_da~e between "05/20/2002" and "05/24/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT DESCRIPTION SALES TAX PAGE 8 1020 593283 05/24/02 2608 ERIC RENAGHAN 5706450 1020 593284 05/24/02 844 ROTARY 1104001 1020 593284 05/24/02 844 ROTARY 1104000 1020 593284 05/24/02 844 ROTARY 1101200 1020 593284 05/24/02 844 ROTARY 1101500 1020 593284 05/24/02 844 ROTARY 1101000 TOTAL CI~ECK 1020 593285 1020 593286 1020 593286 TOTAL CHECK 1020 593287 1020 593288 1020 593289 ~ 593290 1020 593291 1020 593292 1020 593292 1020 593292 1020 593292 1020 593292 1020 593292 TOTAL CHECK 1020 593293 1020 593294 1020 593295 1020 593296 1020 593297 1020 593297 TOTAL C~ECK 1020 593298 1020 593299 1020 593299 593299 05/24/02 606 JOYCE RUSSUM 5706450 05/24/02 1230 SAF~CHECKS 1104100 05/24/02 1230 S;~C~CKS 1104100 05/24/02 2506 05/24/02 633 05/24/02 M2002 05/24/02 1919 05/24/02 637 05/24/02 639 05/24/02 639 05/24/02 639 05/24/02 639 05/24/02 639 05/24/02 639 05/24/02 2250 05/24/02 652 05/24/02 2629 05/24/02 877 05/24/02 2671 05/24/02 2671 05/24/02 891 05/24/02 2661 05/24/02 2661 05/24/02 2661 DORIS SALGADO 5706450 SANTACLARACOUNTY SHERI 5606620 SANTA CLARA VAT~RY AUDUB 1106647 SANTA C~VA?~.RYTRANS 550D000 SARATOGA BUILDERS 4249210 SAVIN CORPORATION (COPIE 5706450 SAVIN CORPORATION (COPIE 5806349 SAVIN CORPORATION (COPIE 5506549 SAVIN CORPORATION (COPIE 1104310 SAVIN CORPORATION (COPIE 5806249 SAVIN CORPORATION (COPIE 5806449 SIERRA LUMBER & FENCE 1108407 SIERRA SPRINGS WATER CO. 1101500 SHERRY WITT SNOW 5706450 SOUTH~LU~ER CO 1108501 SPECTR~ AQUATICS 5606620 SPECTR%~4 AQUATICS 5606620 JOAN SPITSEN 5506549 SPOT WATERMANAGEMENT 5606640 SPOT WATERMANAGEI~qT 5609105 SPOT WAT~RMANAGEMENT 5609105 SERVICE AGREEMENT FOR GUESTS/JAR-JUNE ATWOOD/JAN- JUNE KNAPP/JAN - JUN~ KILIAN/JAN-JUNE jAMES/KWOK JAN-JUNE SERVICE AGREEMENT FOR P/R CHECK STOCK SERVICE AGREEMENT FOR GR~RKEASTER EVENT 5/0 BOOKS MAY2002 F.PASS 'STICKER PER SCOPE OF WORK REMO #15060106 3/08-6/08/02 #15060106 3/08-6/08/02 #15060106 3/08-6/08/02 #15060106 3/08-6/08/0 #15060106 3/08-6/08/02 #15060106 3/08-6/08/02 LDI~BER PREPAY WATER SERVICE SERVICE AGREEMENT FOR SUPPLIES 8256 MISC SUPPLIES PER DETA MISC SUPPLIES PER DETA GRATUITIES/CANADA TRP TREE RSMOVAL/RPLMT CIP SPRINKLER/BLDGRPR CIP SPRINKLER REPAIR 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 415.00 252.00 108.00 60.00 96.00 36.00 552.00 30.00 531.79 531.79 1063.58 210.00 3551.31 136.40 207.00 4710.00 9.44 12.98 47.31 59.98 51.47 13.68 194.86 2014.26 24.95 240.00 176.32 30.90 421.45 452.35 800.00 400.00 7175.00 2000.00 RUN DATE 05/23/02 TIME 17:06:31 - FINANCIAL ACCOUNTING 05/23/02 CITY OF CUPERTZNO PAGE 9 ACCOUNTING PERIOD: 11/02 CHECK REGISTER - D'rSBURSEMEIT~ FUND SELECTION CRITERIA: transact.trans_date between "05/20/2002" and "05/24/2002" FUND - 110 - GENERAL FUND CASH ACCT CI4~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593299 05/24/02 2661 TOT~ CHE~ SPOT WATER MANAGEMENT 5606640 1020 593300 05/24/02 677 STATE STREET BARK & TRUS 110 1020 593301 05/24/02 695 1020 593301 05/24/02 695 1020 593301 05/24/02 695 1020 593301 05/24/02 695 1020 593301 05/24/02 695 TOTAL CHECK SYSCO FOOD SERVICES OF S 1106500 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERViCES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 1020 593302 05/24/02 TOTAL CHECK 696 TADCO SUPPLY 1108303 696 TADCO SUPPLY 1108321 696 TADCO SUPPLY 1108321 696 TADCO SI/PPLY 1108312 696 TADCO SUPPLY 1108315 696 TADCO SUPPLY 1108315 696 TADCO SUPPLY 1108314 696 TADCO SUPPLY 1108314 696 TADCO ST/PPLY 1108312 696 TADCO SUPPLY 1108302 696 TADCO SUPPLY 110~302 696 TADCO SUPPLY 1108303 1020 593303 05/24/02 701 1020 593303 05/24/02 701 1020 593303 05/24/02 701 1020 593303 05/24/02 701 1020 593303 05/24/02 701 TOTAL CHECK TARGET STORES 1106265 TARGET STORES 5806349 TARGET STORES 1106343 TARGET STORES 1106343 TARGET STORES 5806449 1020 593304 05/24/02 M THAKAR, ANJAITEYA 580 1020 593305 05/24/02 M2002 THE STEINBECK HOUSE 5506549 1020 593306 1020 593306 TOTAL CHECK 05/24/02 1794 TMT-PATHWAY LLC 6308840 05/24/02 1794 TMT-PATHWAY LLC 6308840 1020 593307 05/24/02 2683 TODCO 1104400 1020 593308 05/24/02 1993 ~ OF ALAMEDA COU 110 1020 593309 05/24/02 1483 UNDERGROUND SERVICE ;%LER 1108101 1020 593310 05/24/02 1154 UNITED WAY OF SANTA CLAR 110 1020 593311 05/24/02 2584 UNIVERSAL DIALOG, INC. 1103300 ..... DESCRIPTION ...... S~J~ES TAX PHONE LINE INSTALL 0.00 338.00 0.00 9913.00 *PERS DEF 0.00 2815.93 SUPPLIES 0.00 29.23 SENIOR SOCI3uLS 0.00 176.52 KITCHEN SUPPLIES 0.00 33.88 COFFEE SUPPLIES 0.00 338.06 BINGO 0.00 39.44 0.00 617.13 FY 2001-2002 OPEN PURC 0.00 OVERPA1941~qT 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 OVERPAYMENT 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 OVERPAYMENT 0.00 OVERPAYMENT 0.00 OVERPAlq4ENT 0.00 FY 2001-2002 OPEN pLTRC 0.00 OVERPAYMENT 0.00 0.00 223.23 -145.26 223.23 223.23 -145.26 223.23 223.23 -145.26 -145.26 -145.26 2' ~3 46'/,82 SUPPLIES 23249 0.00 47.54 SUPPLIES 25069 0.00 32.02 SUPPLIES 23398 0.00 35.71 SUPPLIES 23243 0.00 25.53 SUPPLIES 23247 0.00 43.08 0.00 183.88 REFUND #113178 0.00 18.50 RESERVATION 6/25 0.00 100.00 PARTS 8188 0.00 118.23 PARTS 8188 0.00 140.36 0.00 258.59 0.00 EMERGENCY PREP VIDEO 55.50 GARNISHMNT 0.00 161.54 FAX/~Np 0.00 11.00 UNITED WAY 0.00 108.00 %~ANSLATION 5/04-10 0.00 525.00 RUN DATE 05/23/02 TIME 17:06:31 - FINANCIAL ACCOUNTING os/:13/o· ACCOI]~TING PERIOD: 11/02 ¢IT~ OF ~g]~K RI~IS'I~R - DT~BOR~H~N~ ~ SF- ~ZON C~IT~R~: ~ranBac~ CF~I'~ date ~_we~ "05/20/2002" ~nd "0S/24/2002" I $~-u'~ %)~ .............. V~,'DOR ............. Irdl~D/DEI~ 05/24/02 738 V~?~.~'Y OIL COHPANY 6308840 05/24/02 H VALTANEN, A~I 580 05/24/02 765 DR CHI-I~"UI D ~ 5706450 05/24/02 1937 ~ ~T~.~ ~I~ 1108506 05/24/02 783 ~Z~E P~ 1108504 OS/24/02 789 ~ ~Z~ 1106265 05/24/02 792 ~Z~Y~ 5706450 05/24/02 Z08Z Y~Z'S ~Y 1108303 05/24/02 800 g.A.P. ~A~[~ Z~C 2708404 05/24/02 799 ~ R~ ~FI~ 5208003 CASH ACCT CHECX NO 1020 593312 1020 593313 1020 593314 1020 593315 1020 593316 1020 593317 1020 593318 1020 593319 1020 593320 1020 593321 TOTAL CASH ACCOUNT T~'~ FUND TOTAL REPORT ..... DESCRIPTION ...... SALES TAX FY 2001-2002 01~ PURC 0.00 ~FI~ #116149 0.00 SERVZCEAGREEMENT FOR 0.00 PARTS/SUPPLIES 16691 0.00 PER SCOPE OF WORK PA/N 0.00 STOR3d;S C:~SE 15638 0.00 SERVICR~J.q~4ENTFOR 0.00 I~C.~E SUPPLY 15576 0.00 /~'PE A~HITR~/qDYELLO 0.00 YARDWASTE APRIL2002 0.00 0.00 0.00 0.00 PAGR 10 N40UNT 335.53 20.00 250.00 107.71 900.00 393.15 187.50 40.91 1489.73 16024.29 308506.45 308506.45 308506.45 RIA~ DAT~ 05/23/02 TIME 17:06:31 - FIHANCIAL ACC~ING DRAFT RESOLUTION NO. 02-105 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 MAY 31, 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 17 day of June ,2002, by the following vote: Vote · Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/31/02 ; ACCOUNTING PERIOD: 11/02 CITY OF CUPERTINO C14ECK REGISTER - DISBURSEMENT FUND F TION CRITERIA: transact.~rans_c~te ~tween "05/27/2002" and '05/31/2002' FT~ - 110 - G~TER~ P~3~TD CASN ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 591630 V 03/15/02 222 DKS ASSOCIATES 4209529 1020 593322 05/31/02 13 ACME & SONS SANITATION C 5606640 1020 593323 05/31/02 1884 ALBERTSONS-NORTHERN DIVI 5606680 1020 593324 05/31/02 2319 ALL CITY MANAGEMENT SERV 1108201 1020 593325 05/31/02 2675 ALL THINGS PHIN~D 1108603 1020 593325 05/31/02 2675 ALL THINGS PRIN~i~ED 1108603 1020 593325 05/31/02 2675 ALL THINGS PRIIT~ED 1108603 1020 593325 05/31/02 2675 ~ THINGS PRINTED 1108603 TOTAL CHECK 1020 593326 05/31/02 1532 ALOTTA'S DELICATESSEN 1103300 1020 593327 05/31/02 61 1020 593327 05/31/02 61 1020 593327 05/31/02 61 1020 593327 05/31/02 61 TOTAL CHECK ' 593328 05/31/02 71 ARTISTIC PLANT CREATIONS 1108501 ARTISTIC PLANT CREATIONS 1108504 ARTISTIC PLANT CREATIONS 1108503 ARTISTIC PId%NT CRF2%TIONS 1108505 B & R ICE CREAM DIST 56U6620 1020 593329 05/31/02 1676 BOB'S FOAM FACTORY 1101060 05/31/02 2633 CALIFORNIA BINGO SERVICE 5506549 05/31/02 1145 CALIFORNIA SURVEYING & D 1107301 05/31/02 1460 TONI C_ARREIRO 1106343 05/31/02 1460 TONI CARREIRO 1106343 05/31/02 1460 TONI CAPd~EIRO 1106343 1020 593330 1020 593331 1020 593332 1020 593332 1020 593332 TOTAL CHECK 1020 593333 1020 593333 1020 593333 1020 593333 1020 593333 1020 593333 TOTAL CHECK 05/31/02 149 CASH 1100000 05/31/02 149 CASH 1107501 05/31/02 149 CASH 1104510 05/31/02 149 CASH 1101201 05/31/02 149 CASH 1101000 05/31/02 149 CASH 1104000 1020 593334 05/31/02 157 JASON N CF.%N 5806249 1104000 110 580 1020 593335 05/31/02 1102 JENNIFER 1020 593336 05/31/02 M2002 CHANG, 1020 593337 05/31/02 M CHANG. SHIRLEY ..... DESCRIPTION PUBLIC WORKS CONTRACT FY 2001-2002 OPEN PURC SUPPLIES 15764 PUBLIC WORKS CONTRACT POSTERS POSTERS POSTERS CATERING SRVS MAY 2002 PLANT CARE MAY 2002 PLANT ~ MAY 2002 PLANT CARE MAY 2002 PLANT CARE SUPPLIES FOAM TRIANGLES 17033 BINGO SUPPLIES SUPPLIES UPDATES UPDATES UPDATES PETTY CASH PgT~-~ CASH PETTY CASH PETTY CASH PET~"f CASH PI~I'TY CASH SERVICE AGREEMENT FOR GASB LUNCH MTG REFD ENCROACH BOND Refund: Check - Full r SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE I AMOUNT -103216.65 168.83 64.37 7487.40 54.13 54.13 54.13 108.25 270.64 3726.00 214.00 81.00 65.00 130.00 490.00 537.65 161.27 344.02 31.06 116.35 312.00 22.75 451.10 -0.52 50.00 81.77 35.72 40.00 26.78 233.75 131.25 82.37 SO0.O0 120.00 RUN DATE 05/31/02 TIME 10:53:30 FINANCIAL ACCOUNTING 05/31/02 CITY OF CUPERTINO PAGE 2 ACCOt~TTING PERIOD: 11/02 C~ECK REGI~-fER - DISBURSE~ FUND SELECTION CRITERIA: cransact.crans_date between "05/27/2002" and #05/31/2002' FUND - 110 CASH ACCT CHECK - GENERAL FUND NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593338 05/31/02 M CHEN. YIHKANQ 580 1020 593339 1020 593339 1020 593339 1020 593339 1020 593339 1020 593339 1020 593339 1020 593339 1020 593339 TOTAL CHECK 05/31/02 192 CMC OCCUPATIONAL HEALTH 5806449 05/31/02 192 CMC OCCUPATIONAL H~%LTH 1104510 05/31/02 192 CMC OCCUPATION;iL HF2%LTH 1104510 05/31/02 192 (~4C OCCUPATI01~ HEALTH 5806449 05/31/02 192 CMC OCCUPATIONAL HEALTH 5806449 05/31/02 192 C~4C OCCUPATIONAL ~TH 5806449 05/31/02 192 C~C OCC~JPATIONAL ~]F~TH 5806449 05/31/02 192 CMC OCC73PATIONAL HE;tLTH 1104510 05/31/02 192 O4C OCCUPATIONAL }{EALTH 1104510 1020 593340 05/31/02 178 COLONIAL LIFE & ACCIDENT 110 1020 593341 05/31/02 1179 CO~ICART 1103300 1020 593342 05/31/02 187 F~%RY J CRAWFORD 5806349 1020 593343 05/31/02 1579 CUPERTINO LOC-N-STOR LLC 1108501 1020 593344 05/31/02 198 CUPERTINO UNION SCHL DIS 2308004 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 1020 593345 05/31/02 209 TOTAL CHECK DE ANZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108407 DE ANZA SERVICES INC 1108506 DE A NZA SERVICES INC 1108504 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 5708510 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108314 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 1108315 DE ANZA SERVICES INC 1108502 DE ANZA SERVICES INC 1108303 DE ANZA SERVICES INC 1108503 DE ANZA SERVICES INC 1108302 DE ANZA SERVICES INC 1108505 DE ANZA SERVICES INC 5606620 DE ANZA SERVICES INC 5606640 DE ANZA SERVICES INC 1108504 DE ;tNZA SERVICES INC 5708510 DE ANZA SERVICES INC 5708510 DE ANZA SERVICES INC 1108504 1020 593346 05/31/02 1242 DIGITAL PRINT IMPRESSION 1107301 1020 593347 1020 593347 05/31/02 22O 05/31/02 220 DISCOUNT SCROOL SUPPLY 5806349 DISCOUNT SCHOOL SUPPLY 5806349 ..... DESCRIPTION ...... SALES TAX Refund: Check - SU~9~ER 0.00 AMOUNT 255.00 SRVS 0.00 15.00 SRVS 0.00 90.00 SRVS 0.00 20.00 SRVS 0.00 30.00 SRVS 0.00 15.00 SRVS 0.00 15.00 SRVS 0.00 75.00 SRVS 0.00 205.00 SRVS 0.00 20.00 0.00 485.00 LIFE INS PREM 0.00 36.55 GRAPHICS 0.00 SERVICE AGREEMENT FOR 0.00 1654.87 808.39 UNIT ID:G-33 0.00 217.00 CREEK TRIP 0.00 127.31 MAY 2002 JANITORIAL JARITORIAL MAY 2002 M3%Y 2002 JANITORIAL MAY 2002 JANITORIAL SPECIAL SERV CITY HALL MAY 2002 JANITORIAL MAY 2002 JANITORIAL JANITORIAL MAY 2002 MAY 2002 JANITORIAL JANITORIAL MAY 2002 JANITORIAL MAY 2002 JANITORIAL MAY 2002 JANITORIAL MAY 2002 JANITORIAL MAY 2002 JANITORIAL MAY 2002 MAY 2002 JANITORIAL JANITORIAL MAY2002 JANITORIAL MAY2002 SPECIAL SERV QUINLAN SPECIAL SERV SPORT CfR SPECIAL SERV SPORT CTR SPECIAL SERV QUINLAN 0.00 I 4 0.00 1004.89 0.00 338.67 0.00 6097.32 0.00 230.00 0.00 2466.56 0.00 2648.14 0.00 4438.26 0.00 138.20 0.00 2813.28 0.00 739.71 0.00 4111.39 0.00 1479.42 0.00, 1961.30 0.00 739.71 0.00 3451.80 0.00 440.03 0.00 440.03 0.00 330.00 0.00 285.00 0.00 96.00 0.00 300.00 0.00 35916.25 BUS CARDS/CHAO, JUNG 0.00 SUPPLIES 17028 C}{AIP~S 30469 0.00 0.00 126.83 31.99 70 RUN DATE 05/31/02 TIME 10:53:31 - FINANCIAL ACCOUNTING 05/31/02 CITY OF CUPERTZNO P,~agE 3 ACCOUNTING PERIOD: 11/02 CH~CK REGISTER - DISBUP~EMENT FUND TION CRITERIA: transacC.=ran~_da=e be=ween #05/27/2002" ~d "05/31/2002# FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593347 05/31/02 220 TOTAL CHECK DISCOUNT SCHOOL SIIPPLY 5806349 1020 593348 05/31/02 222 DKS ASSOCIATES 4209529 1020 593349 05/31/02 M2002 DORN, SUSANA S806349 1020 593350 05/31/02 M ELDER, DESIREE 580 1020 593351 05/31/02 250 EUPHRAT MUSEUM OF ART 5806349 1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108315 1020 593352 05/31/02 251 EVANS WEST VA?J.~Y SPRAY 1108314 1020 S93352 05/31/02 251 EVANS WEST VAtT.~y SPRAY 1108302 1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108315 1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108303 TOTAL CHECK 1020 593353 05/31/02 253 EXCHANGE LINEN SERVICE 5606620 1020 593354 05/31/02 2469 FERRELL, CAROL 1104100 593355 05/31/02 2361 FIRST BANKCARD 11~1000 1020 593356 05/31/02 2361 FIRST BANKCARD 1101200 1020 593356 05/31/02 2361 FIRST BANKCARD 1101000 1020 593356 05/31/02 2361 FIRST BANKCARD 1101201 1020 593356 05/31/02 2361 FIRST BA~IKCA~ 1101200 TOTAL CHECK 1020 593357 05/31/02 2659 FLAGS OVeR AMERICA INC. 1108501 1020 593358 05/31/02 266 RYAN FORBES 5806449 1020 593359 05/31/02 268 FOSTER BROS SECURITY SYS 1108501 1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800 1020 593360 05/31/02 274 FRY'S ELECTRONICS 5706450 1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800 1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800 TOTAL C~ECK 1020 593361 05/31/02 M2002 GALLO, LINDA 1106500 1020 593362 05/31/02 281 GARDENLAND 1108315 1020 593362 05/31/02 281 GARDENLAND 1108312 1020 593362 05/31/02 281 GARDENLAND 1108314 1020 593362 05/31/02 281 GARDENLAND 1108315 TOTAL CHECK ' 593363 05/31/02 M2002 GLAGE, JOHN 110 ..... DESCRIPTION ...... SUPPLIES 17028 PUBLIC WORKS CONTRACT PARENT TOT STORYTELLER Refund: Check - Cancel SERVICE AGREEMENT FOR TIME & MATERIAL TIME & MATERIAL TIME & MATERIAL TIME & MATERIAL TIME & MATERIAL FY 2001-2002 OPEN PURC CONF PALM SPRNG 5/21-2 SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES PARTS & SUPPLIES SERVICE AGREEMENT FOR SUPPLIES SUPPLIES 17027 SUPPLIES/PO 16790 SUPPLIES SUPPLIES 17035 SNRS COORDINATORS MTG SUPPLIES/PO 8601 PARTS/SUPPLIES 8281 SUPPLIES/PO 8300 SUPPLIES/PO 8292 REFDENCROACH BOND SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.17 84.86 103216.65 160.00 80.00 3952.11 500.00 500.00 300.00 250.00 500.00 2050.00 46.51 456.00 157.83 146,30 -102.01 261.80 26.91 333,00 15,00 2250.80 153.39 126.62 324.64 36S.89 167.73 984.88 17.00 518.51 285.30 515.49 535.09 1854.39 SO0.O0 RUN DATE 05/31/02 TIME 10:53:32 - FINANCIAL ACCOUNTING o5/31/o2 ACCOUNTING PERIOD: 11/02 SELECTION CRITERIA: ~ransact.=rans_date between "05/27/2002" and '05/31/2002' ~ - 110 - GEIFEI~ FL~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT CITY OF CUPERTINO C}fl~CK REGISTER - DISBURSEMENT FUND DESCRIPTION ...... SALES TAX PAGE 4 AMOUNT 1020 593364 05/31/02 1335 DENISE GOSS 5806249 1020 593365 05/31/02 296 KARENGOT?LEIB 5806449 1020 S93366 05/31/02 298 GRAINGER INC 1108315 1020 593366 05/31/02 298 GRAINGER INC 1108315 1020 593366 05/31/02 298 GRAINGER INC 1108830 1020 593366 05/31/02 298 GP, AINGER INC 1108507 1020 593366 05/31/02 298 GRAINGER INC 2708405 TOTAL CHECK 1020 593367 05/31/02 1235 HIGI~K LIFE INS~CE 110 1020 593367 05/31/02 1235 HIGHMARK LIFE INSURANCE 6414570 TOTAL CHECK 1020 593368 05/31/02 1898 HORIZON 1108315 1020 593368 05/31/02 1898 HORIZON 1108312 1020 593368 05/31/02 1898 HORIZON 1108312 1020 593368 05/31/02 1898 HORIZON 1108312 1020 593368 05/31/02 1898 HORIZON 1108315 TOTAL CHECK 1020 593369 05/31/02 995 INSERV COMPANY 1108504 1020 593369 05/31/02 995 INSERV COMPANY 1108502 1020 593369 05/31/02 995 INSERV COMP~/qY 1108501 TOTAL CHECK 1020 593370 05/31/02 1981 IITi~RSTATE /q~AFFIC CON~ 1108503 1020 593371 05/31/02 M JAIN, USHA 580 1020 593372 05/31/02 M JARIWA/~, SONA,L 580 1020 593373 05/31/02 2602 JOE CONTINO 5506549 1020 593374 05/31/02 M JOSHI, SHItNTALA 580 1020 593375 05/31/02 2691 KERK CO~ICATIONS 1103300 1020 593376 05/31/02 M KI~A, MUNA 580 1020 593377 05/31/02 1972 KIMBALL-MIDWEST 6308840 1020 593378 05/31/02 371 LISA KING 5806449 1020 593379 05/31/02 372 KINKO'S INC 5208003 1020 593380 05/31/02 2231 DAt/E K~IAPP 1101200 1020 593381 05/31/02 382 KWIK-KOPY PRINTING 5506549 SERVICE AGREI~NT FOR SERVICE AGREF~iENT FOR PARTS PARTS PARTS PARTS PARTS INS INS FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC TIME/MATERIALS TIMB/MATERIALS T IMB/MATERI/tLS PARTS & SUPPLIES Refund: Check - SUI~R Refund: Check - Overpa SERVICE AGREEMENT FOR Refund: Check - SUeR 2002 CO~IUNICATION AUD REFUND #105346 SUPPLIES/PO 24459 SERVICE AGREEMENT FOR COPIES/PO 16687 PRTN OF INS JUNE NEWSLETTER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 90.80 1296.00 136.57 - 62.02 1637.02 74.82 646.15 2556.58 7820.16 6295.30 14115.46 25.22 1062.45 2378.27 800.83 64.95 4331.72 i ~ 175.73 175.72 527.18 600.79 68.00 12.00 325.00 13.00 5000.00 100.00 40.32 946.75 5.41 1039.28 RUN DATE 05/31/02 TIME 10:53:33 - FINANCIAL ACCOUNTING ACCOUNTING PERIOD: 11/02 S'--- 'ION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593382 05/31/02 M 1020 593383 05/31/02 2300 1020 593384 05/31/02 397 1020 593385 05/31/02 400 1020 593386 05/31/02 M 1020 593387 05/31/02 1463 1020 593388 05/31/02 M 1020 593389 05/31/02 1599 1020 593390 05/31/02 ME2002 1020 593391 05/31/02 2157 1020 593392 05/31/02 M 1 593393 05/31/02 2405 1020 593394 05/31/02 473 1020 593395 05/31/02 1550 1020 593396 05/31/02 2488 1020 593397 05/31/02 489 1020 593398 05/31/02 2613 1020 593399 05/31/02 493 1020 593399 05/31/02 493 1020 593399 05/31/02 493 1020 593399 05/31/02 493 1020 593399 05/31/02 493 1020 593399 05/31/02 493 TOTAL CHECK 1020 593400 05/31/02 494 1020 593400 05/31/02 494 TOTAL C~ECK 1020 593401 05/31/02 1190 1020 593402 05/31/02 508 ~'~ 593402 05/31/02 508 LAM, CHEUNG-WEI 580 BARBAIUiLAUX 5506549 LESLIE'S POOL SUPPLIES I 5606620 LIFETIME TENNIS INC 5706450 LORDEMANN, MEI 580 MAACO AUTO PAINTING & BO 6308840 MAHAJAN, UJWALA 580 MANAGED HEALTH NETWORK I 1104510 MANNING, COLLEEN 5806349 SOMAKO MINATO 5806349 MIYAMOTO, ICHIRO 580 CHRIS MORTON 5806449 NASER DISTRIBUTORS INC 5606620 ADONIS LNECESITO 1103500 POW~RPLAN 6308840 NOTEWORTHY MUSIC SCHOOL 5806349 OCCUPATIONAL TRAINING IN 1104510 OFFICE DEPOT 1106265 OFFICE DEPOT 1108101 OFFICE DEPOT 1107503 OFFICE DEPOT 1106265 OFFICE DEPOT 1108101 OFFICE DEPOT 1104400 OFFIC~ DEPOT CREDIT PLAN 1101500 OFFICH DEPOT CREDIT PLAN 1101500 RONALD OLDS 1103500 P E R S - HEALTH 1104510 P E R S - HEALTH 1104510 ..... DESCRIPTION ...... Refund: Check - SPRING SERVICE AGREEMENT FOR SUPPLIES 15769 SERVICE AGREEMENT FOR Refund: Check - SPRING TIME & MATERIAL Reftund: Check - SPRING EAP JUITE 2002 PRE-SCHOOL SUPPLIES SERVICE AGREEMENT FOR Refund: Check - SPRING SERVICE AGREEMENT FOR FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR TIME & MATERIAL SERVICE AGREEMENT FOR J. MURDOCK SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE AGR~EMEIqT FOR JTJNE 2002 INS JIATE 2002 INS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 5 52.50 360.00 43.16 90181.34 14.00 670.00 54.00 897.00 57.37 670.84 45.00 1840.00 1601.04 1050.00 2407.48 3408.93 33.30 279.24 86.56 92.02 206.09 59.5? 213.7~ 937.25 57.96 96.22 154.18 525.00 24720.91 384.36 RUN DATE 05/31/02 TIME 10:53:33 - FINANCIAL ACCOUITrING 05/31/02 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 11/02 C~IECK REGISTER - DISBURSEMENT FUND - SELECTION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593402 05/31/02 508 TOTAL CHECK P E R S - HEALTH 110 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC ~ELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC B~LL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 1020 593405 05/31/02 511 PACIFIC BELL 5606620 5606640 5708510 1106265 1107301 1108504 1108511 1106647 1108407 1108504 1107200 1104400 1104530 1106647 1104510 1104200 1104100 1104000 1103500 11~3300 1104300 1101500 1102100 1101000 1101200 1106100 1106265 1106529 1106500 1107301 1107302 1107501 1107502 1107503 1108001 1108101 1108102 1106265 1108501 1108503 1108507 5606620 5706450 1108601 1108602 5208003 2308004 1106265 ..... DESCRIPTION ...... JUNE 2002 INS TELEPHONE SBRV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV'APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERVAPR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 TELEPHONE SERV APR 200 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~J~OUN~ 52917.07 78022.34 118.74 23.75 189.98 166.23 47.49 94.99 47.49 213.72 11.88 24.65 71.24 71.24 166.23 23.75 142.48 71.24 142.48 71.24 71.24 2 261.22 118.74 142.48 71.24 71.24 379.96 23.75 284.97 213.72 47.49 308.71 23.75 94.99 118.74 225.40 23.75 73.08 S34.34 629.96 47.49 237.47 284.97 71.24 94.99 23.75 23.75 RUN DATE 05/31/02 TIME 10:53:34 - FINANCIAL ACCOUNTING 05/31/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT FUND ~ ,ION CRITERIA: ~ransa¢=.trans_da~e between '05/27/2002' and '05/31/2002' FUND - 110 - GENERAL FUND CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593405 05/31/02 511 PACIFIC BELL 1108201 1020 593405 05/31/02 511 PACIFIC BELL 6104800 TOTAL CHECK 1020 593406 05/31/02 M2002 PENINSULA ~ & RIGGIN 110 1020 593407 05/31/02 M2002 1020 593407 05/31/02 M2002 TOTAL CHECK PINN BROTHERS CONSTRUCTI 1100000 PINN BROT~ERS CONSTRUCTI 1100000 1020 593408 05/31/02 545 JEFF PISERCHIO 5606640 1020 593409 05/31/02 M2002 PLANNING WORKSHOP 2308004 1020 593409 05/31/02 ~42002 PLANNING WORK~HOP 1106100 1020 593409 05/31/02 M2002 PLANNING WORKSHOP 2308004 TOTAL C~CK 1020 593410 05/31/02 M2002 PRICE, C~RISTOPH~R 1108101 1020 593410 05/31/02 M2002 PRICE, CHRISTOPHER 1108101 TOTAL CHECK 1020 593411 05/31/02 2380 PURCHASE POWER 1104310 i 593412 05/31/02 M Pearce, Kimberly 550 1020 593413 05/31/02 581 RELIABLE 1104300 1020 593413 05/31/02 581 RELIABLE 11043O0 1020 593413 05/31/02 581 RELIABLE 1107503 1020 593413 05/31/02 581 RELIABLE 1104300 TOTAL C~ECK 1020 593414 05/31/02 2482 RHI CONSULTING 6104800 1020 593415 OS/31/02 M2002 RUIZ, F]~ANK 1100000 1020 593416 05/31/02 M RUPAR~LIA, NILAM 580 1020 593417 05/31/02 437 S V C N 1104300 1020 593417 05/31/02 437 S V C N 1104300 1020 593417 05/31/02 437 S V C N 1104300 1020 593417 05/31/02 437 S V C N 1104300 TOTAL CHECK 1020 593418 05/31/02 626 SANTA CLARA CO DEPT OF R 1102100 1020 593419 05/31/02 2031 1020 593419 05/31/02 2031 TOTAL CHECK SANTA CLARA COUNTY CITIE 1101000 SANTA CLARACOUNTY CITIE 1101200 1020 S93420 05/31/02 2397 SAVIN (]~DIT CORPORATION 1104310 ..... DESCRIPTION TELEPHONE SERV APR 200 TELEPHONE SERVAPR 200 RFND ENCRBOND RFND OVR~MT OF FEES RFND OVRPMT OF FEES GOLF COURSE CONTRACT 1 B. BANFIELD l, CONF T.SMITH RENAISSANCE CO P. TREDER R. CONF POSTAGE M~TER R~SET Refund: Check - Depos SUPPLIES/PO 7421 SUPPLIES/PO 7425 SUPPLIES 12368 SUPPLIES/PO 7425 J.SEVERANCE W/E 5/17 CERT OFF COMPLIANCE RF Refund: Check - Overpa FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC CITATIONS APR2002 ANNUAL TRNMT/DINNER ANNUALS/DINNER MAINT/COVRG 5/13-8/12 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0u 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' PAGE 7 225.14 451.20 7209.66 500.00 450.20 315.60 765.80 1844.00 15.00 15.00 15.00 45.00 111.62 165,00 276,62 10100.00 300.00 40.87 17.27 120.30 49.21 227.65 1008.00 349.00 12.00 47.50 35.00 32.50 35.00 150.00 2330.00 SS.00 55.00 110.00 139.98 RUN DATE 05/31/02 TIME 10:53:35 - FI~CIAL ACCOUNTING OS/31/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURS~MEI~T FUND SELECTION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 593421 1020 593422 1020 593423 1020 593423 1020 593423 TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 05/31/02 2189 05/31/02 1837 05/31/02 2415 05/31/02 2415 05/31/02 2415 1020 593424 05/31/02 1020 593425 05/31/02 1020 593426 05/31/02 1020 593427 05/31/02 1020 593428 05/31/02 1020 593428 05/31/02 1020 593428 05/31/02 1020 593428 05/31/02 1020 S93428 05/31/02 1020 593428 05/31/02 1020 593428 05/31/02 TOTAL CHECK 1020 593429 1020 S93430 1020 S93431 1020 593432 1020 593432 1020 593432 1020 593432 TOTAL CHECK 1020 593433 1020 593434 1020 593435 1020 593436 1020 593437 1020 593438 1020 593439 SETNESS TOURS 5506549 SILICON VALLEY PAVING CO 2708404 SIMON MARTIN-VEGUE WINK~ 4239222 SIMON MARTIN-VEGUE WINKE 4239222 SIMON MARTIN-VEGUE WINKE 4239222 M 681 1012 1825 695 695 695 695 695 695 695 SKREYPER, TRACY 580 CONNIE BANDA STEVENS 5806449 STOREFRONT DOOR SERVICE 1108501 SUPERIOR FRICTION 6308840 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 550~549 SYSCO FOOD SERVICES OF S 5506549 05/31/02 695 05/31/02 698 05/31/02 700 05/31/02 701 05/31/02 701 05/31/02 701 05/31/02 701 SYSCO FOOD SERVICES OF S 5506549 TALLY'S ENTERPRISES 2708403 TARGET SPECIALTY PRODUCT 1108303 TARGET STORES 5606620 TARGET STORES 5806349 TARGET STORES 5806349 TARGET STORES 5806349 05/31/02 1763 05/31/02 1538 05/31/02 2665 05/31/02 2638 05/31/02 738 05/31/02 742 05/31/02 750 THEATERFUN INC S806349 TMT ENTERPRISES INC 5606620 ERIN TURI 5806249 UNISOURCE MAIN~]~ItNCE SU 1108501 VALLEY OIL COMPANY 6308840 COSETTE VIAUD 5806349 VISION SERVICE PLAN (CA) 110 ..... DESCRIPTION ...... SALES TAX DEPOSIT/FALL FOLIAGE R~-I~NTION PAYMENT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT Refund: Check - Rental SERVICE AGREEMENT FOR TIME & MATERIAL SUPPLIES/PO 8293 FOOD SUPPLIES-SOCIALS RETURN P.0.52120 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC RFRSHMNTS FOOD SUPPLIES-S~NIOR FOOD SUPPLIES-TEIP FOOD SUPPLIES-NEWSLETT FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SUPPLIES 15766 SUPPLIES 22388 SUPPLIES 25078 SUPPLIES 17031 SERVICE AGREEMENT FOR OLY#2 SAND SERVICE AGREEMENT FOR PARTS & SUPPLIES FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR VISION JTJNE 2002 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 8 8000.00 18041.50 749.14 2255.00 4195.00 7199.14 100.00 600.00 310.00 185.14 278.74 -644.80 1957.28 431.16 136.52 2" 2427,31 219.10 43342.26 2072.81 155.56 18.89 13.61 55.36 243.42. 2972.50 686.17 1375.00 237.61 4607.11 1783.34 27 2 RUN DATE 05/31/02 TIME 10:53:35 - FINJkNCIAL ACCOUNTING ACCOUNTING PERIOD: 11/02 $' ?ION CRITERIA: =ransac~.~rans_da=e be=ween "05/27/2002# ~nd #05/31/2002 FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEFT ~ITY OF CUt~RIIRO C~ECK REGISTER - DISBURSE~E~T FUND 1020 593440 05/31/02 2404 LYI~r~ VISTE 5806449 1020 593441 05/31/02 754 BARBARA WALTON 5806449 1020 593442 05/31/02 M WANG, LI-ERH 580 1020 593443 0S/31/02 765 DR CHI-BI D W~NG 5806449 1020 S93444 05/31/02 M WESLEY, JOHN 580 1020 593445 05/31/02 M WIZGIRD, DIANE 580 1020 593446 05/31/02 2456 WORLD JOURNAL 1103300 1020 593447 05/31/02 794 X~ROX CORPORATION 1104310 1020 593448 05/31/02 M2002 Y~AGER, TOM 1108201 1020 593449 05/31/02 799 ZA~R ROAD LANDFILL 5208003 1020 593450 05/31/02 M ZENG, JENNIFER 580 i 593451 05/31/02 M ZHU, YA-YUN 580 1020 593452 05/31/02 197 CTC FUNDING, LLC 1101500 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ..... DESCRIPTION ...... SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR Refund: Check - SPRING SERVICE AGREEMENT FOR Refund: Check - SPRING Refund: Check ~ SPRING LEGAL ADS FY 2001-2002 OPEN PURC t~RSHP/RIZZO, DAVIS COMPOST SELIVERY APR02 Refund: Check - SPRING Refund: Check - Rental LEASE AGREEMENT FOR OF SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 209.60 1728.00 165.oo 248.80 2oo.00 lO.OO 765.60 455.00 20.00 200.00 40.00 100.00 4341.00' 412950.79 412950.79 412950.79 RUN DATE 05/31/02 TIME 10:S3:36 - FINANCIAL ~ING RESOLUTION NO. 02-106 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 JUNE 7, 2002 DRAFT 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 17 day of June ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o6/o6/om CITY 0F CUPERTINO ACC0UNTIN~ PERIOD: 12/02 CHECK REGXSTER - DXS~URSSMENT FUND SI 'ON CRITERIA: transact.trans_~a~e between #06/03/2002" and "06/07/2002" 110 - GENERAL FUND CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FU~D/DEPT 1020 593453 06/07/02 1350 A & R B00~ RE1TTAL 1103300 1020 593454 06/07/02 18 ADONA OIL CORPORATION 1108005 1020 593455 06/07/02 25 AIR COOLED ENGINES INC 6308840 1020 593455 06/07/02 25 AIR COOLED ENGINES INC 6308840 1020 593455 06/07/02 25 /~R COOLED ~INES INC 6308840 1020 593455 06/07/02 25 A/R COOLED ~NGINES INC 6308840 TOTAL CR~CK 1020 593456 06/07/02 888 ALOHA POOL MAINTENANCE I S708510 1020 593457 06/07/02 M2002 A~ICAN BAR ASSOCIATION 1101500 1020 593458 06/07/02 2501 AT&T BROADB~ND 1103300 1020 593458 06/07/02 2501 AT&T BROADBAND 1106500 TOTAL CHECK 1020 593459 06/07/02 2699 BAG BOY CO. 5606640 1020 593459 06/07/02 2699 BA~ BOY CO. 5606640 TOTAL CH~CK lC 593460 06/07/02 2601 BALL HITCH P~S 1106343 102~ 593460 06/07/02 2601 B~ HITC~ RAMPs 4209115 TOTAL CHECK 1020 593461 06/07/02 2698 BAUDVILLe, INC. 1101201 1020 593462 06/07/02 2680 BERRYMAN & HENIGAR 1107502 1020 593463 06/07/02 M2002 C~, RUBEN 1100000 1020 593463 06/07/02 M2002 CA,REP, A, RUBEN 1100000 1020 593463 06/07/02 M2002 C~P~, RUBEN 110 1020 593463 06/07/02 M2002 C~BRERA, RUBEN 1100000 TOTAL C~CK 1020 593464 06/07/02 809 CALIFORNIA SPORT DESIGN 1106343 1020 593465 06/07/02 1145 CALIPOR~-A SUR%~A"fING & D 1107200 1020 593466 06/07/02 1476 CANNON DESIGN GR0~ 1107200 1020 593467 06/07/02 2232 ~I. AGA, LOURDES 110 1020 593467 06/07/02 2232 CARIA~,A, LOUPDES 110 TOTAL CHECK 1020 593468 06/07/02 1460 T~ CAR~IRO 1020 593468 06/07/02 1460 TONI CARR~IRO TOTAL CH~CK 1C 593469 06/07/02 146 CASH 6104800 5606620 5806349 ..... DESCRIPTION C~m~RY BLOSSOM BOOTHS HAZ WASTE DISPOSAL FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC P~ P 0 52029 FY 2001-2002 OPEN PURC MAY2002 MAINTENANCE #61908930 03490267 6/Ol-6/3o 6/Ol-6/3o 20% DISCOUNT ~OLF COURSE CARTS PARTS & STICKERS 30973 PURCHASE OF MOBILE SKA ~PPLIES 7461 SERV 4/20-5/17 REFUND PERMIT REFUND PERMIT REFUND PERMIT REFUND PERMIT SW~ATSHIRTS TEEN C0~4 PAPER & TRIANGLE ~ ARCHITECT PLANS CSGARNS~T MAY2002 SERVICES WEB SITE CHANGES P~-&-rf CASH 5/09-5/29 SALES TAX PAG~ I 0.00 1180.00 0.00 3190.00 0.00 36.35 0.00 61.65 0.00 -18.32 0.00 373.32 0.00 453.00 0.00 442.80 0.00 209.25 0.00 14.56 0.00 4.85 0.00 19.41 0.00 -72.00 0.00 386.83 0.00 314.83 0.00 300.00 0.00 4267.16 0.00 4567.16 0.00 48.85 0.00 5702.85 0.00 57.72 0.00 23.10 0.00 0.50 0.00 98.00 0.00 179.32 0.00 372.31 0.00 5.11 0.00 110.00 0.00 103.84 G.09 306.50 0.00 410.34 0.00 1890,20 0.00 32.50 0.00 1922.70 0.00 102.31 RUN DATE 06/06/02 TIME 10:43:20 FINANCIAL AC~'OUNTIN~ 06/06/02 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 12/02 C~ECK REGIS-~R - DISBURSEMENT FUND SELECTION CRITERIA: ~rans&c~.trans_da=e between '06/03/2002' and -06/07/2002' FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSU~ DT .............. VENDOR ............. FUND/DEPT 1020 593469 06/07/02 146 CASH 1106647 1020 593469 06/07/02 146 CASH 5806649 1020 593469 06/07/02 146 CASH 1106343 1020 593470 06/07/02 147 CASH 5506549 1020 593470 06/07/02 147 CASH 5506549 1020 593470 06/07/02 147 CASH 5506549 1020 593470 06/07/02 147 C~H 5506549 TOTAL CHECK 1020 593471 06/07/02 149 CASH 1101000 1020 593471 06/07/02 149 CASH 1101201 1020 593471 06/07/02 149 CASH 1104400 1020 593471 06/07/02 149 ~ 1104000 1020 593471 06/07/02 149 CASH 1101201 TOTAL CHECK 1020 593472 06/07/02 2593 CENTRAL UNITED LIFE INS. 110 1020 593473 06/07/02 1057 1020 593473 06/07/02 1057 TOTAL CHECK CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 1020 593474 06/07/02 1820 1020 593474 06/07/02 1820 TOTAL CHECK CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 1104510 1020 593475 06/07/02 1156 ~ 110 1020 593476 06/07/02 192 CMC OCCUPATIONAL ~,ALT~ 5806449 1020 593476 06/07/02 192 C~4C OCCUPATIONAL HEALTH 5806449 1020 593476 06/07/02 192 CMC OCCUPATIONAL HF~LTH 5806449 1020 593476 06/07/02 192 (~COCCUPATIONALHEALTH 5806449 1020 593476 06/07/02 192 CMC OCCUPATIONAL HEALTH 5806449 1020 593476 06/07/02 192 (~C OCCUPATIONAL HF~LTH 1104510 TOTAL CHECK 1020 593477 1020 593478 1020 593478 TOTAL CHECK 06/07/02 916 06/07/02 2026 06/07/02 2026 C09~PUTER XTRAS XPP, ESS 6104800 COOPERATIVE PERSONNEL SE 1104510 COOPERATIVE PERSONNEL SE 1104510 1020 593479 1020 593480 1020 593481 1020 593482 06/07/02 184 06/07/02 2235 06/07/02 194 06/07/02 M2002 JAM~S COIIRTNEY 5606620 CSR DESIGN 1108501 CUPERTINO SUPPLY INC 5606640 CURTIS, LEE 5806349 ..... DESCRIPTION ...... SALES TAX PETTY CASH 5/09-5/29 0.00 23.39 P~TTY CASH 5/09-5/29 0.00 71.68 ~ CASH 5/09-5/29 0.00 52.21 0.00 249.59 0.00 0.00 0.00 0.00 0.00 PETTY CASH 5/07-6/04 PETTY CASH 5/07-6/04 Pm-z-£f CASH 5/07-6/04 P~l~l~f CASH 5/07-6/04 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 5/28-6/04 P~'~-£f CASH 5/28-6/04 Pm'~-~'f CASH 5/28-6/04 ~.~w&f CASH 5/28-6/04 P~'~'~'f CASH 5/28-6/04 0.00 PREMIUM JUNE2002 0.00 0.00 0.00 ,'FLEX DEP/#240125 *FLEX HLTH/#2401~5 0.00 0.00 0.00 ADM. FEES MAY2002 ADM. FEES MAY2002 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TUBERCULOSIS TESTING TUBERCULOSIS TESTING TUBERCULOSIS TESTING TUBERCULOSIS TESTING TUBERCULOSIS TESTING URINE COLLECTION 0.00 TONER SERVICE 5/22/02 0.00 0.00 0.00 ENTRY CLERICAL 3818A CLERICAL EXAM 3127 0.00 SERVICE AGP~E~ENT FOR 0.00 CONF ROOM ACCESSORIES 0.00 FY 2001-2002 OPEN PURC 0.00 PR~-SCHOOL MAGIC SHOW 35.60 2.00 25.00 122.00 184.60 167.79 19.07 17.29 23.33 18.24 245.72 30.20 165.40 426.94 592 22.50 27.50 SO.O0 132.00 15.00 30.00 15.00 15.00 15.00 20.00 110.00 508.56 -105.00 1908.50 1803.50 400.00 946.00 88.91 3O0 RUN DATE 06/06/02 TIME 10:43:21 FINANCIAL ACCOUNTING o6/06/02 CITY OF CUI,~TINO ACCOUNTING PERIOD: 12/02 C~ECKP~GISTER - DISBURSEMENT FUND S. I0N CRITERIA: ~ransact.trans_da~e between '06/03/2002" and "06/07/2002" FUND - 110 - G~NERAL FUND CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX 1020 593483 1020 593484 1020 593485 1020 593485 1020 293485 TOTAL C~ECK 1020 593486 1020 593487 1020 593488 1020 593488 TOTAL CHECK 1020 593489 1020 593490 1~ 593491 1020 593492 1020 593493 1020 593494 1020 593494 TOTAL CHECK 1020 593495 1020 593496 1020 593496 1020 593496 1020 593496 1020 593496 TOTAL CHECK 1020 593497 1020 593498 1020 593498 1020 593498 1020 593498 1020 593498 1020 593498 10~ 593498 T¢ ~CK 06/07/02 1637 06/07/02 1838 06/07/02 211 06/07/02 211 06/07/02 211 06/07/02 85O 06/07/02 1242 06/07/02 220 06/07/02 220 06/07/02 1994 06/07/02 223 06/07/02 242 06/07/02 243 06/07/02 234 06/07/02 251 06/07/02 251 06/07/02 258 06/07/02 260 06/07/02 26O 06/07/02 260 06/07/02 260 06/07/02 260 06/07/02 2619 06/07/02 2361 06/07/02 2361 06/07/02 2361 06/07/02 2361 O6/O7/O2 2362 06/07/02 2361 06/07/02 2361 DAVID J POWERS & ASSOCIA 110 DELL MARKETING L.P. 6104800 DELTA DENTAL PLAN OF CA 110 DELTA DENTAL PLAN OF CA 110 DELTA DEITTAL PLAN OF CA 110 DIDDAMS AMAZING PARTY ST 5806349 DIGITAL PRINT IMPRESSION 1107S03 DISCOUNT SCHOOL SUPPLY 5806349 DISCOUNT SCHOOL SUPPLY 5806349 DISTRICT ATTORNEYTRUST 110 DON & MIKe'S SWEEPING IN 2308004 EMPLOYMENT DEVELDEPT 110 EMPLOYMENT DEVELOP~NT 110 ENGINEERING DATA SERVICE 1104300 EVANS WEST V~T.T~y SPRAY 1108315 EVANS WEST V~J.~Y SPRAY 1108315 FAMILY SUPPORT TRUSTEE 110 FEDERAL EXPP,~SS CORP 1108601 FEDERAL EXPRESS CORP 110 FEDERAL EXPRESS CORP 6308840 FEDERAL EXPP, RSS CORP 1101000 FEDERAL EXPRESS CORP 6104800 GENEVIEVE FIRE 2308004 FIRST BANKCARD 5806349 FIP~TBANKCARD 1106647 FIRST BANKCARD 1106265 FIRST BANKCARD 1106300 FIRST BANKCARD 5806549 FIRST BANKCARD 1106343 FIRST BANKCARD 5806349 R#15632, PARTIAL PYMT POWER EDGE 350 850 MHZ UNREP 1539-001 OE3 1539-002 CEA 1539-003 SUPPLIES 17044 B.CARDS/SQUARCIA, YEE SUPPLIES 15674 SUPPLIES 15674 A LOPEZ JR 566398126 FY 2001-2002 OPEN PURC SIT/932-0014-5 SDI/776-5260-0 PUBLIC HEARING NOTICES TURF SPRAY CREEKSIDE TURF SPRAY JOLLYMAN V ORTEGA 563312780 COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE SERVICE AGREEMENT FOR MAY ACTIVITY MAY ACTIVITY MAY ACTIVITY MAY ACTIVITY MAY ACTIVITY MAY ACTIVITY MAY ACTIVITY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1687.54 1942.00 3452.76 4176.48 63~0.83 14000.07 67.93 157.72 293.31 84.89 378.20 23.08 11427.81 15788.07 884.59 129.08 4200.00 4200.00 8400.00 352.62 18.79 17.52 10.56 23.44 13.95 84.26 5440.00 761.63 16.60 75.60 670.32 47.50 1086.90 2173.30 4831.85 RUN DATE 06/06/02 TIME 10:43:22 FINANCIAL ACCO~ING 06/06/02 ACCOUNTING PERIOD: 12/02 SELECTION CRITERIA: ~r&nsact.trans_da~e b~=ween "06/03/2002" and "06/07/2002" FI)ND - 110 - G~RAL FUND CASH ACCT CHECK N0 ISSUE DT .............. VENDOR ............. FUND/DEPT CITY OF CUPERTINO C~ECKREGISTER - DISBURS~NT FUND 1020 593499 06/07/02 2361 FIRST BANKCARD 6104800 1020 593499 06/07/02 2361 FIRST BANKCARD 1104001 1020 593499 06/07/02 2361 FIRST B~CARD , 5606640 TOTAL CHECK 1020 593500 1020 593501 1020 593502 1020 593502 TOTAL CHECK 1020 593503 1020 593503 1020 593503 1020 593503 1020 593503 TOTAL CHECK 1020 593504 1020 593505 1020 593506 1020 593507 1020 593508 1020 593508 TOTAL CHECK 1020 593509 1020 593510 1020 593511 1020 593512 1020 593513 1020 593514 1020 593514 TOTAL CHECK 1020 593515 1020 593516 06/07/02 2361 06/07/02 2694 06/07/02 273 06/07/02 273 FIRST BANKCARD $606620 THE FOOT NUR~E 1108201 FREMONT UNION H.S. DIST. 5806449 FREMONT ONION H~S. DIST. 5806449 06/07/02 1808 KIM FREY 1106400 06/07/02 1808 KIM FREY 1106343 06/07/02 1808 KIMF~ 5806349 06/07/02 1808 KIM FREY 5506549 06/07/02 1808 KIM FREY 1106200 06/07/02 274 06/07/02 1275 06/07/02 281 06/07/02 2630 06/07/02 2546 06/07/02 2546 06/07/02 343 06/07/02 1847 06/07/02 2181 06/07/02 2697 06/07/02 2285 06/07/02 1062 06/07/02 1062 06/07/02 1630 06/07/02 1372 FRY'S ELECTRONICS 6104800 GARDEN CITY SUPPLY INC 5606620 GARDENLAND 1108315 GREGORY B. BRAGG & ASSOC 6204550 GTM PLUMBING 1108503 G'TM PLUMBING 1108503 ICMA RETIREMENT TRUST-45 110 THE IDEA BROKERS 5606620 IMSA:INT'L MUNICIPAL SIG 1108602 INTELLAPRINT SYSTEMS 1108101' KATHRYN~.LY JOESTEN 1106265 KAY~-SMI~"H 1104530 KAYE-SMITH 1104530 KIDZ LO~E SOCCER INC 5806449 THE KIPLING~ CALIPORNIA 1101200 ...... DESCRIPTION MAY2002 TRANSACTIONS MAY2002 TRANSACTIONS MAY2002 TRANSACTIONS MAY2002 ACTIVITY TRAINING USE OF MONTA VISTA H.S USE OF MONTA VISTA H.S PW LONCH TEEN CO~ DINNER PW LUNCH PW LONCH PW LONCH SALES TAX PAGE 4 0.00 162.32 0.00 23.90 0.00 43.77 0.00 229.99 0.00 569.76 0.00 600.00 0.00 3709.75 0.00 3709.75 0.00 7419.50 0.00 104.64 0.00 96.49 0.00 104.64 0.00 104.64 0.00 104.65 0.00 515.06 SUPPLIES 16590 0.00 89 '' SUPPLIES 0.00 98.,Z PARTS/SUPPLIES 8609 0.00 395.07 W.COMP CLAIMS 5/1-5/31 0.00 1500.00 TIME/MATERIALS TIME/MATERIALS 0.00 0.00 0.00 420.00 1755.00 2175.00 *ICMA 0.00 6560.48 CASUAL WIND SHIRT AND 0.00 2405.15 ID21043MV, ID25223cc 0.00 80.00 SERV AGRM~T KIP1880 0.00 945.00 SERVICE~REEMENT FOR 0.00 362.S0 PARKING CITATIONS 0.0O 647.03 VEHICLE WARNINGS 0.00 484.74 0.00 1131.77 SERVICE ;u~-~EEM~NT FOR SUBSCRIPT 52 ISSUES 0.00 9570.00 0.00 48 RUN DAT~ 06/06/02 TIME 10:43:22 - FINANCIAL ACCOUNTING 06/06/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 12/02 CH~CK R~GI£?~R - DISBURSEMENT FUND S I0N CRITERIA: =ransa¢=.~rans_da=e be=ween '06/03/2002' and '06/07/2002' FUND o 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593517 06/07/02 376 KNORR SYSTEMS INC 5606620 1020 593517 06/07/02 376 KI~ORR SYSTEMS INC 5606620 TOTAL CHECK 1020 593518 06/07/02 385 LAB SAFETY SUPPLY 110BS03 1020 593518 06/07/02 385 LAB SAFETY SUPPLY 1108501 1020 593518 06/07/02 385 LAB SAFETY SUPPLY 1108507 TOTAL CHECK ..... DESCRIPTION ...... POOL C~ICA~ FEEDERS SERVICE 2BD pANTHER SCBA 2BD PANTHER SCBA 2BD PAI~I~ER SCBA SALES TAX AMOUNT 0.00 1244.7~ o.00 93.04 0.00 1337.79 0.00 933.95 0.00 933.95 0.00 1307.6~ 0.00 3175.55 1020 593519 06/07/02 2357 LI(~4THOUSE 6308840 1020 593519 06/07/02 2357 LIG~HTHOUSE 6308840 TOTAL CI~CK SUPPLIES 8616 2% DISCOUNT 8616 0.00 133.28 0.00 -13.33 0.00 119.95 1020 593520 06/07/02 M LIN, ELAINE 580 R~FUNDS 150630 & 15063 0.00 116.00 1020 593521 06/07/02 408 LOS GATOS MEAT & SMOK~HO 5606620 FY 2001-2002 OPEN PURC 0.00 559.81 1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400 1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400 1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400 TOTAL C/4ECK 1 593523 06/07/02 1175 MCNHORTER & YOUNG 5806349 SERVICE A~"REEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SUPPLIES 23246 0.00 475.00 0.00 525.00 0.00 500.00 0.00 1500.00 0.00 5.20 1020 593524 06/07/02 2567 MISDU 110 J TRYBUS 385960533 0.00 223.00 1020 593525 06/07/02 448 MISSION VALLEY FORD INC 6309820 2002 FORD SUPER DUTY F 0.00 20155.74 1020 593526 06/07/02 1191 NAKA NURSERY INC 1108303 EUROPS RUBRA AND LAVEN 0.00 838.94 1020 593527 06/07/02 302 NATIONAL DEFERRED CONPEN 110 *NAT'L DEF 0.00 17748.37 1020 S93528 06/07/02 479 NATURES WOOD 5606620 FY 2001-2002 OPEN PURC 0,00 473.86 1020 593529 06/07/02 965 NORTH COAST M~DICAL 1107501 OFFICE EQUIPMENT 0,00 124.64 1020 593530 06/07/02 499 DEBBIE O'NEILL 5606620 SERVICE AGREEMENT FOR 0,00 95.00 1020 593531 06/07/02 493 OFFICE DEPOT 1107301 1020 593531 06/07/02 493 OFFICE DEPOT 1104000 1020 593531 06/07/02 493 OFFICE DEPOT ~806449 1020 593531 06/07/02 493 OFFICE DEPOT 1104530 1020 593531 06/07/02 493 OFFICE DEPOT 1106265 1020 593531 06/07/02 493 OFFICE DEPOT 1104530 1020 S93531 06/07/02 493 OFFICE DEPOT 5806449 TCTAL CHECK OFFICE SUPPLIES 0.00 38.89 OFFICE SUPPLIES 0.00 140.68 OFFIC~ SUPPLIES 0.00 51.91 OFFICE S~PPLIES 0.00 442.02 OFPICE SUPPLIES 0.00 76,26 RETURN OFFICE SUPPLIES 0.90 -194,79 OFFICE SUPPLIES 0.00 32,46 0.00 587.43 1020 593532 06/07/02 501 OPERATING ENGIN--~ERS #3 110 0.00 572,40 593533 06/07/02 1220 ORCHAP~DSUPPLY HARDWAl~ 1108501 593533 06/07/02 1220 ORCHARD SUPPLY HARDWAR~ 1108504 SUPPLIES 0.00 53.53 0.00 -5.40 RUN DATE 06/06/02 TIME 10:43:23 - FINANCIAL ACCOUNTING 06/06/02 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 12/02 C~CK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: :ransact.:r&ns_date between "06/03/2002" and "06/07/2002" FUND - 110 - GENEPJtL FUND CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593533 06/07/02 1220 ORC]~tRD SUPPLY HARDWAR~ 1108504 1020 593533 06/07/02 1220 ORC~ SIIPPLY HARDW~ 1108504 1020 593533 06/07/02 1220 ORCHARD SUPPLY HARDWAR~ 1108830 1020 593533 06/07/02 1220 ORC~2tRD SUPPLY F~%RDWARE 1108507 1020 593533 06/07/02 1220 ORC/~ARD SUPPLY HARDWARE 1108504 TOTAL CHECK 1020 593534 06/07/02 505 ORLANDI TRAILER 1108830 1020 593534 06/07/02 505 ORLANDI T~AILER 1108506 TOTAL CHECK 1020 593535 06/07/02 507 DAN OSBOR~ DBA:OSBORNE 1108303 1020 593535 06/07/02 507 DAN OSBORRE DBA:OSBOPA~E 1108602 1020 593535 06/07/02 507 DAN OSBOP. NE DBA:OSBOPd~E 1108503 1020 593535 06/07/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TOTAL CHECK 1020 593536 06/07/02 833 P E R S 110 1020 593536 06/07/02 833 P E R S 110 1020 593536 06/07/02 833 P E R S 110 1020 593536 06/07/02 833 P E R S 110 1020 593536 06/07/02 833 P E R S 110 . 1020 593536 06/07/02 833 P E R S 110 1020 593536 06/07/02 833 P E R S 110 TOTAL CHECK 1020 593537 06/07/02 511 PACIFIC BELL 6104800 1020 593538 06/07/02 2692 PACIFIC BELL/WORLDCOM 1108501 1020 593539 06/07/02 2444 PACIFIC C~ & ELECTRIC 1108830 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GA~ & ELECTRIC 1020 593540 06/07/02 513 PACIFIC C~ & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS A ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC CAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC CAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 'PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIPIC GAS & ELECTRIC 1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC 5708510 1108602 1108511 1108507 1108506 1108303 1108506 5606640 1108505 1108503 1108315 5606620 5606620 1108314 1108312 5208003 1108504 1108830 1108407 ..... DESCRIPTION ...... ON-TIME DISCOUNT SUPPLIES SUPPLIES SUPPLIES SUPPLIES PARTS 8284 PARTS 8284 TIME/MATERIALS TIME/MATERIALS TIME/MATERIALS TIME/MATERIALS *PERS BYBK PERB BUYBK PERS EMPLY PERS 1959 *PERS BYBK PEPS SPEC PERS EMPLY 5/20-6/19 4/01-5/15/02 SERVICE TO 5/31/02 MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE MAY2002 SERVICE SALES TAX AMOUNT 0.00 -6.51 0.00 7.84 0.00 24.88 0.00 33.51 0.00 24.94 0.00 132.79 0.00 284.16 0.00 284.15 0.00 568.31 0.00 340.00 0.00 185.00 0.00 2312.79 0.00 185.00 0.00 3022.79 0.00 327.28 0.00 37.52 0.00 24311.27 0.00 117.18 0.00 180.~a 0.00 117 0.00 216.~. 0.00 25307.52 0.00 93.02 0.00 9.90 0.00 21680.47 0.00 4833.35 0.00 2510.33 0.00 287.37 0.00 1029.18 0.00 317.87 0.00 7460,44 0.00 226.05 0.00 178.20 0.00 3919.50 0.00 1823.41 0.00 257.43 0.00 32.39 0.00 3296.45 0.00 324.23 0.00 197.52 0.00 7.95 0.00 8036.41 0.00 17.'~ 0.00 1648 RUN DATE 06/06/02 TIME 10:43:24 - FINANCIAL ACCOUNTING 06/06/02 ACCOUNT~N~ PERIOD: 12/02 'ION CRITERIA: transact. ~rans_da~e CITY OF CD~TIN0 CHECK REGISTER - DISBURSEMENT FUND 0e=ween "06/03/2002" and "06/07/2002" PAG£ 7 FUND - 110 - GENERAL FUND CASH ACCT C~ECKNO 1020 593540 TOTAL CHECK 1020 593541 1020 593541 TOTAL CHECK 1020 593542 1020 593543 1020 S93544 ISSUE DT .............. VENDOR ............. FUND/DEFT 06/07/02 513 PACIFIC GAS & ELECTRIC ( 1108501 06/07/02 ~15 06/07/02 515 PACIFIC WEST SECURITY IN 1108504 PACIFIC WEST SECURITY IN 1102403 06/07/02 526 06/07/02 533 06/07/02 542 PENINSULA DIGITAL IMAGIN 110 PERS LONG TERM CARE FROG 110 PINE CONE LUMBER 5606620 ..... DESCRIPTION ...... MAY2002 SERVIC~ SERV CALL 4/24 PARTS/SUPPLIES LARGE MYLARS, FORMAT B PERS LTC/#2405 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 S394.60 41797.78 355.00 953.00 1308.00 463.96 159.24 7.24 1020 593545 06/07/02 543 PINPOINT 1108201 JACKET 8003 0.00 93.09 1020 593546 1020 593547 1020 593548 06/07/02 1984 06/07/02 M2002 06/07/02 2105 POLARA ENGINEERING, INC. 1108602 PR(IM~EUS 1100000 OUINLAN P~BLISHING 1108101 BULLDOG FED PUSH BUTTO REFD OVERCHARGES CITIES/TOWNS HOTLINE 0.00 b.oo 0.00 1317.46 17618.20 165.89 10~, 593549 06/07/02 M2002 R & Z DEVELOPMENT 110 . REFD UNUSED DEPOSITS 0.00 630.25 10.. 593550 1020 593550 1020 593550 1020 593550 1020 593560 TOTAL C~CK 06/07/02 578 COLLEEN P~EGAN 5806449 06/07/02 578 COLLEEN REGAN 5506549 06/07/02 578 COLL~ENREGAN 5606600 06/07/02 578 COLL~ENR~C4~N 5806349 06/07/02 578 COLLF~I~REGAN 5806249 SERVICe. AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR 0.00 0.00 0.00 0.00 0.00 0.00 886.75 265.96 177.54 886.75 886.75 3103.75 1020 593551 06/07/02 581 RELIABLE 1104300 OFFICE SUPPLIES 17101 0.00 34.61 1020 593552 1020 593552 TOTAL CHECK 06/07/02 1071 REPUBLIC ELECTRIC 1108830 06/07/02 1071 REPUBLIC ELECTRIC 1108830 TIME/MATERIALS TIME/MATERIALS 0.00 0.00 0.00 1988.00 1794.00 3782.00 1020 593553 06/07/02 2482 PHI CONSULTIN~ 6104800 J.SEV~RANCE W/E 5/24 0.00 1008.00 1020 593554 1020 593554 1020 593554 1020 593554 1020 593554 TOTAL CHECK 06/07/02 2043 06/07/02 2043 06/07/02 2043 06/07/02 2043 06/07/02 2043 RDDE'S PEST MANAGEMENT 5606620 RUDE'S PEST MA/~EMENT 1108502 RUDE'S PEST MANA~ 1108505 RUDE'S PEST MANAGEMENT 1108504 RUDE'S PEST MANAGEMENT 1108321 BEE/WASPS/RATS SPRAYIN TIME/MAT~*~IAL~ TIME/MATERIALS TIME/MATERIALS TIME/MATERIALS 0.00 0.00 0.00 0.00 0.00 0.00 250.00 225.00 225.00 225.00 225.00 1150.00 1020 593555 1020 593556 06/07/02 M 06/07/02 959 SABOUR, VALENTINA 58O SAN JOSE MERCURY NEWS 1106265 Refund: Check - ST.~T4ER 6/23-9/21 SUBSCRIPT 0.00 0.00 68.00 47.57 593560 593560 06/07/02 625 06/07/02 625 SAN JOSE WATER COMPANY 1108407 SAN JOSE MATER COMPANY 1108506 4/3o-5/29/o2 4/30-5/29/02 0.00 0.00 37.57 43.95 RUN DATE: 06/06/02 TIME 10:43:25 - FINANCIAL ACCOUNTIN~ ~6/06/02 CITY OF CUPERTINO PAG£ 8 ACCOUNTING PERIOD: 12/02 Ch~ECK REGISTER - DISBURSEMENT FUND ~ELECTION CRITERIA: ~ransa¢c.=rans_da=e be=ween '06/03/2002' and "06/07/2002' FI]ND - 110 - G~'EP~ FUND .~.ASH ACCT C/~ECK NO ISSUE DT .............. VENPO~ ............. FUND/DEPT ~020 593560 06/07/02 625 SAN JOSE WATER CONPANY 1108407 ~ 020 593560 06/07/02 625 SAN JOSE WATER CO~IPA/~Y 1108314 ~O20 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108407 :1020 593560 06/07/02 625 SAN JOSE WATER CO~AI~Y 1108407 1020 593560 06/07/02 625 SAN JOSE WATER C(1MPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108506 ~020 593560 06/07/02 625 SAN JOSE WATER COMPi~Y 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108505 1020 593560 06/07/02 625 S~ JOSE WATER CO~2~NY 1108505 1020 593560 06/07/02 625 SAN JOSE WATER COMPi~/~Y 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 ~D20 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303 ~020 593560 06/07/02 625 SAN JOSE WATER CO. ANY 1108303 ~020 593560 06/07/02 625 . SAN JOSE WATER COMPARY 1108303 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108503 ~020 593560 06/07~02 625 SAN JOSE WATER COMPANY 1108315 1020 593560 06/07/02 625 SAN JOSE WATER COMPi~NY 1108407 1020 593~60 06/07/02 625 SAN JOSE WATER COMPANY 1108314 ~020 593560 06/07/02 625 SAN JOSE WA~'ER COMPi~/~ 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPi~NY 1108507 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108302 ~020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108314 ~O20 593560 06/07/02 625 SAN JOSE WATER COMPA3{Y 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510 ~020 593560 06/07/02 625 SAN JOSE WATER COMPA~'Y 1108315 IG20 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPA/TY 1108321 1020 593560 06/07/02 625 SAN JOSE WATER COMPA~Pf 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 110840? ~020 593560 06/07/02 625 SAN JOSE WATER CO~IPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 ~020 593560 06/07/02 625 SAN JOSE WATER COI~PA~ 1108407 ~020 593560 06/07/02 625 SAN JOSE WATER COMP~ 1108407 ~020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 ~020 593560 06/07/02 625 SAN JOSE WAT~ CO~NY 1108407 ~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108312 1020 593560 06/07/02 625 SAN JOSE WATER C(IMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510 1020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108321 ..... DESCRIPTION ...... 4/30-5/29/02 4/3o-s/29/o2 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/28/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29 4/30-5/29/02 4/30-5/29 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4130-5129/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 10.19 1376.10 91.62 14.47 14.47 91.68 27.58 12.55 112.73 14.47 343.90 9.00 35.75 97.99 147.37 35.93 262.01 90.05 714.01 1776.88 129.35 112.3¢ 112 142.~_ 157.20 78.57 1220.05 1267.54 420.85 1144.20 9.00 9.00 1625.19 733.65 145.57 63.84 634.33 73.60 80.15 22.67 25.93 21.02 18.37 8.55 30.84 257.03 137.46 994.05 78.25 36, RUN DATE 06/06/02 TiME 10:43:26 - FINANCIAL ACCOUNTING 06/o6/o2 CITY OF CUPERTINO ACCOUNTING PERIOD: 12/02 CHECK ~LEGISTER - DISBURSEMENT FU~ID £ 'ION CRITERIA: ~ransact.:rans_date be:ween "06/03/2002" and "06/07/2002" FUND - 110 - GE1TERAL FUND CASM ACCT CHECK NO ISSU~ DT .............. VENDOR ............. FUND/DEPT 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108408 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108321 1020 593560 06/07/02 625 SA~ JOSE WATER COMPANY 1108504 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 S93560 06/07/02 625 SAN JOSE WATER COMPANY 1108504 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303 1020 593560 06/07/52 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606640 1020 593560 06/07/02 625 SAN JOSE WATER COHPA~Y 1108504 1020 593560 06/07/02 625 SAN JOSE WA~"~R CC~ANY 5606620 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620 1020 593560 06/07/02 625 SAN JOSE WATER CO,ANY 1108312 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108312 1020 593560 06/07/02 625 SA~ JOSE WATER COMPANY 1108315 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108315 1020 593560 06/07/02 625 SAN JOSE WATER C0~4PANY 1108315 1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407 TOTAL CHECK ..... DESCRIPTION ...... 4/30-5/29/02 4/30-5/29 4/3o-s/29/o2 ~/30-S/29/02 4/3o-s/29/o2 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/3o-s/29/o2 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-5/29/02 4/30-S/29/02 4/30-5/29/02 4/3o-s/29/o2 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.oo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25.00 36.50 90.05 1115.37 85.13 81.86 2094.59 14.47 1266.49 2434.52 9.00 57.29 150.64 594.46 1237.13 36.50 1688.29 63.00 35.93 26650.22 10~ '593561 06/07/02 633 I 593561 06/07/02 633 10. 593561 06/07/02 633 1020 593561 06/07/02 633 1020 593561 06/07/02 633 1020 593561 06/07/02 633 1020 593561 06/07/02 633 1020 593561 06/07/02 633 1020 593561 06/07/02 633 TOTAL CHECK 1020 593562 06/07/02 2701 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SH~RI 1103300 SA/~lTACL4%RA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY S~RI 5606620 SANTA C~ COU~T~Y SH~RI 5806349 SANTA CLARA TRUCK WRECKE 6308840 MAY 26 MAY 27 MAY 30 CHERRY BLOSSOM SECURIT MAY 28 MAY 25 MAY 19 MAY 18 SECURITY TEEN DANC~ PARTS 8294 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 634.16 317.08 317.08 2790.32 253.67 634.16 634.16 634.16 507.34 6722.13 81.19' 1020 593563 06/07/02 1919 SANTA CLARAVALLEYTRANS 5500000 120 BART TICKETS 0.00 480.00 1020 593564 06/07/02 644 SCREEN DESIGNS 5806349 PRE-SCHOOL T-SHIRTS 0.00 1028.38 1020 593565 1020 593565 TOTAL CHECK 06/07/02 1488 SEA~S 1108302 06/07/02 1488 SEAR~ 1108507 PARTS/SUPPLiES 8276 PARTS/SUPPLIES 8270 0.00 0.00 0.00 496.23 88.73 584.96 1020 593566 06/07/02 M SELDEN, ROBIN 580 REFUNDS 150603 & 15060 0.00 145.00 1020 593567 06/07/02 M SIBILIA, CATHERINE 580 Refund: Check 0.00 20.00 1020 593568 06/07/02 M SMITH, AMANDA 580 Refund: Check 0.00 355.00 1020 593569 1( 593570 06/07/02 2320 SNAP-ON INDUSTRIAL 6308840 06/07/02 1523 JANA SOKALE 4209117 SUPPLIES 8287 SERVICR AGREEMENT FOR 0.00 0.00 199.22 6067.50 RUN DATE 06/06/02 TIME 10:43:27 - FINANCIAL ACCOUNTING 06/06/02 CITY OF CUPERTINO PAGE 10 ACCOUNTING PERIOD: 12/02 CHECK REGISTER - DISBURSEME2~f FUND SELECTION CRITERIA: tr&nsact.trans_date between "06/03/2002" and "06/07/2002" FUND - 110 - GEhr~RAL FLrND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 593571 06/07/02 665 1020 593572 06/07/02 2661 1020 593572 06/07/02 2661 TOTAL (Z4ECK 1020 593573 06/07/02 2700 1020 593574 06/07/02 677 1020 593575 06/07/02 2168 1020 593576 06/07/02 M2002 1020 593577 06/07/02 701 1020 593577 06/07/02 701 TOTAL C~ECK 1020 593578 06/07/02 1993 1020 593579 06/07/02 724 1020 593580 06/07/02 M2002 1020 593581 06/07/02 1154 1020 593582 06/07/02 310 1020 593583 06/07/02 310 1020 593584 06/07/02 746 1020 593585 06/07/02 840 1020 593585 06/07/02 840 TOTAL CHECK 1020 593586 06/07/02 745 1020 593586 06/07/02 745 1020 593586 06/07/02 745 1020 593586 06/07/02 745 TOTAL C~ECK 1020 593587 06/07/02 1342 1020 593588 06/07/02 768 1020 593589 06/07/02 1937 1020 593590 06/07/02 783 SOUT~ BAY ~-i~OPOLITA~ 5806449 SPOT WA~ERF~a2~1AGE~ 5606640 SPOT WA~ ~AG~ 5609105 STACEY,S BOOKSTORE #1 1108315 STATE STREET BARK & TRUS 110 S%lF~4IT SUPPLY CORP OF CO 1108303 SUNNYVALE-CUPERTINO 1101500 TARGET STORES 5806349 TARGET STORES 5806349 ~F.~%SUP. ER OF~ COU 110 TURF & INDUSTRIAL EQUIPM 5606620 UC REGENTS 1108601 UNITED WAY OF SANTA CLAR 110 VERIZON WIRELESS (FORMER 1108501 VERIZON WIRELESS (FORMER 1102403 VIKING OFFICE PRODUCTS 5506549 BERT VISKOVIC~ 5208003 BERT VISKOVICH 1101500 %94I INC 1103500 VMI INC 1103501 VMI INC 1103500 VMI INC 1108101 VESTA WALDEN 5606620 WEST GROUP PAYMENT CENTE 1101500 WEST VALLEY SECURITY 5606620 WIEBE PAINTIN~ 1108504 ..... DESCRIFTION SERVICE AGREEMENT FOR MAY 2002 PAYMENT CIP SPRINKLER REPAIR DICTIONARIES 8289 'PEPS DEF 4' INGROUND BENC~ W/BA MCL~ & BAR ASSOCMTG SUPPLIES 25202 SUPPLIES 23252 A LOPEZ JR 566398126 CLUB CAR CARRYALL 2 PL INSPECTOR RESP & AUT~ UNITED WAY #309369653 MAY2002 #608881609 MAlt2002 SUPPLIES 16042 MEDIATION REVIEW LAW SUIT VIDEO C3LMEP. A REPAIRS RENTALS FOR CREST REPAIR OF SONY DSR SO0 N~C LT PROJECTOR WITE SERVICE AGREEMENT FOR #6006903862 CA LGL FLN SUPPLIES 15767 PER SCOPE OF WORK PAIN SAL~S TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.Ct0 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 2350.08 14583.33 2000.00 16583.33 156.83 2860.63 5596.00 28.00 26.6S 7.57 34.22 161.54 12537.52 69. 108.00 47.37 89.30 95.56 1577.47 720.00 2297.47 432.95 303.10 1030.66 3996.59 5763.30 142.~0 85.78 220.88 2995^~ RUN DATE 06/06/02 TIME 10:43:28 FINANCIAL ACCOUNTING o~/o~/o~ ACCOUNTING pERIOD: 12/02 SI :ON CRITERIA: trans&ct.trans_date between '06/03/2002' axed '06/07/2002' FUND - 110 - GENERAL FUND CASH ACCT CHECK NO TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT CKECK R~GISTER - DISBUP~EMENT FUND IS&~ DT ........... i--V~NDOR ............. FUND/DEFT ..... DESCRIPTION SALES TAX 0.00 0.00 0.00 PAGE 11 AMOUNT 390819.43 390819.43 390619.43 RUN DATE 06/06/02 TIME 10:43:28 - FIN~NCIA~ ACCOUNTIN(~ -33 DRAFT A R.ESOLUllON O1=. ~ CITY COUNCI~ OF ~ CITY OF CtTP~RTINO ALLOWINO CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DES*CRIBED FOR SALARIES AND WAGES PAID ON June 07, 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 Less Employee Deductions $410,624.61 $(121,804.26) NET PAYROLL Payroll check numbers issued 60456 through 60702 Void check number(s) $288.820.35 Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17 day of June ,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 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX: (408) 777-3109 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF HUMAN RESOURCES Agenda Item No. ~ SUBJECT AND ISSUE SUMMARY Meeting Date: July 17, 2002 Approve the terms and conditions of employment for Fiscal Year 2002/03. BACKGROUND Terms and conditions of employment are amended following negotiations with recognized employee organizations. The following amendments have been made as described in the resolutions identified herein: Resolution No. 02- J De[ amends a memorandum of understanding (MOU) with Operating Engineers Local Union No. 3 (OE3) which represents maintenance employees generally assigned to the Service Center. The MOU provides for a one- year term covering the period July 1, 2002 to June 30, 2003. The agreement is consistent with City Council authorization with a total compensation cost of approximately 4.3%. This includes a 2.5% annual adjustment; previously negotiated equity adjusmaents; a medical insurance contribution increase of $100 per month; increased stand-by pay; and a differential for using a Class B drivers' license. In addition, Christmas Eve and New Years' Eve are expanded from half day to full day holidays for all City employees. Resolution No. 02- IDg amends a MOU with the City Employees' Association (CEA) which represents clerical, technical, and professional employees. The MOU provides for a one-year agreement with the same total compensation cost of approximately 4.3%. This includes a 2.5% annual adjustment; previously negotiated equity adjustments; and a medical insurance contribution increase of $82 per month. Resolution No. 02- [[~) amends the compensation program for unrepresented (management and confidential) employees. The amendments are comparable to those negotiated by OE3 and CEA, with the same total compensation cost of approximately 4.3%. This includes a 2.5% annual adjustment; a 1.2% salary adjustment in lieu of negotiated equity adjustments; and a medical insurance contribution increase of $82 per month. Cupertino City Council July 17, 2002 Page 2 As salaries for the Directors of Administrative Services, Community Development, and Parks and Recreation are among the lowest for comparable positions in Santa Clara County, the amendments include salary range adjustments for these classes. The adjustments align our Department Head salaries to the middle range of compensation provided by comparable cities in Santa Clara County. Although the salary ranges increase, actual salaries will not increase automatically. Any compensation adjustments for Department Heads will be performance based requiring City Manager authorization. Do Resolution No. 02- [i ~ amends the Administrative Rules and Regulations of the Personnel Code. Amendments have been made to be consistent with memoranda of understanding as described herein. Resolution No. 02- \[I fixes the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act. The resolution is required pursuant to the Meyers- Geddes legislation whenever a change occurs concerning the city's contribution for employee medical insurance. RECOMMENDATION Staff recommends that the Ci.ty Council adopt Resolution Nos. 02- ]D~ to 02- II& as described herein. Submitted by: Approved by: / S~xndy A~'e Human Resources Manager David W. Knapp City Manager RESOLUTION NO. 02-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June 2002 by the folloWing vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino MEMORANDUM OF UNDERSTANDING Cupertino City Employees' Association and City ofCupertino July 1, 2002 - June 30, 2003 Table of Contents No Discrimination 1 Salary Schedule 2 Out of Class Wage Pay 3 Hours of Work - Overtime 4.1 - 4.7 PERS Contribution 5 Insurance Coverage 6.1 - 6.5 Holidays 7.1 - 7.3 Temporary Disability Benefits 8.1 - 8.2 Vacation 9 Sick Leave 10. t - 10.6 Sick Leave Verification 11 Family Leave 12 Personal Leave 13 Bereavement Leave 14 Military Leave 15 Pregnancy Disability Leave 16 Adoption Leave 17 Catastrophic Leave 18 Absence Notification 19 Training & Tuition Reimbursement 20 City Sponsored Recreation Programs 21 1 3 3 5 5 6 7 7 8 10 10 10 10 10 10 11 11 12 12 12 Due Process Layoffs Reinstatement Continuation of Benefits Separability Ratification Extended Benefits Term 22 23 24 25 26 27 28 29 13 13 13 13 13 14 14 14 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO AND CUPERTINO CITY EMPLOYEES' ASSOCIATION This agreement, entered into the 1st day of July 2002, between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees' Association, hereinafter referred to as "Association", pursuant to California Govermnent Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall not discriminate in any way on account of race, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE The following approximate monthly salary ranges will apply for each classification effective at the beginning of the pay period in which July 1, 2002 occurs. Classification Account Clerk Administrative Clerk Assistant Civil Engineer Associate Planner Building Inspector Code Enforcement Officer Engineering Technician Environmental Programs Asst. Facility Attendant Office Assistant Assistant Planner Approximate Monthly Salary Range $3582 - $4354 $3797 $5379 $5231 $5544 $4487 $4574 $4605 $2727 $3034 $4854 -$4615 -$6537 -$6358 -$6740 -$5454 -$5560 -$5599 -$3314 -$3687 -$5900 Co do eo Senior Planner Pro Shop Attendant Producer Program/Promotions Director Public Works Inspector Receptionist/Clerk Recreation Assistant Recreation Coordinator Senior Building Inspector Senior Engineering Technician Senior Traffic Technician Special Program Coordinator Traffic Signal Technician Traffic Technician $5609-$6818 $2593- $3153 $3994-$4855 $3636-$4420 $5544-$6740 $2746-$3337 $1954-$2375 $3636-$4420 $5924-$7202 $4929-$5991 $4929-$5991 $3345-$4066 $5130-$6235 $4574-$5560 The City will perform a compensation (salary and retirement only) survey in 2003 with adjustments, if any, effective July 1, 2003. The following Santa Clara County cities will be used in the total compensation survey. Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale Comparable classifications must be found in at least six (6) cities for a benchmark classification to be considered. The City of Cupertino will place in the top four cities in compensation (salary & retirement) for each benchmark classification. Any compensation adjustment for a benchmark classification to place in the top four cities will also be provided to classifications related to the benchmark as set forth below. 2 A.q.qi.qtant Civil F. ngineer Bnilding ln~nentor Public Works Inspector Sr. Building Inspector Code F. nforeement Officer (Alternate - Building Inspector) Facility, Attendant (Alternate - Office Assistant) Enpineerinp Technician Sr. Engineering Technician Sr. Traffic Engineer Traffic Technician F, nvironmenlal Prom'am,q As.~i~qtant (Alternate - Engineering Technician) Administrative Clerk Receptionist Clerk Associate Planner Assistant Planner Senior Planner Program/Promotions Director (Alternate -Associate Planner) Recreation ,qunervi.qor* Recreation Coordinator Special Program Coordinator Traffic ,qi~nal Technician (Alternate - Eng. Technician) *Not in representation trait SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: HOURS OF WORK: OVERTIME 4.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days. 4. 2 Overtime Overtime shall be defined as any work in excess of 40_hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 4. 3 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. 4.4~ Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 4. 5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 4. 6 Cnmpen.qatnry Time Off At the employees discretion, compensatory time off may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee's selection provided: 1) that prior supervisory approval has been obtained, and 2) the request is made in writing. Compensatory time may be accrued up to 80 hours. Any compensatory time earned exceeding 80 hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 4 An employee shall not accrue leave credits (Vacation,. sick leave) during a pay period if off without pay for more than 40 hours during said pay period. SECTION 5: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. SECTION 6: INSURANCE COVERAGE 6. ] Health - Medical ln.qurance City agrees to pay an mount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement: July 1, 2002 - $682.00 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. The City reserves the right of selection and administration as to deferred compensation plan(s). If during the term of this agreement, modifications are made to the Federal tax Code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 6.2 Dental Insurance City agrees to pay $74.47 per month for employees and their dependents. 6.312de2,rtsaraaca City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 5 6.4 I,ong Term Disahili~ Insurance The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may us sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 6.5 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.34 monthly. SECTION 7: HOLIDAYS The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanksgiving 9. Christmas Eve 10. Christmas Day I1. New Year's Eve 12. Martin Luther King Day When a holiday falls on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. Nothing contained herein shall preclude the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 7.2 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of no less than one hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 6 7.3 l-lnlidav Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 8: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 8. I 1 lse of Sick l,eave to Sunnlement Temnorarv (not held~ DNahilitv Pavment.~ Any employee entitled to receive temporary disability payments may elect to supplement such payments with an mount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 8.2 [ Ne of Sick 1 ,cave for lndu.~tHal Injury Medical Appnintment.~ An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 9: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval. Benefited full-time employee's accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. ~ Hrn of Accrual Per Pay Annual fleeruah Maximum Accrual 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate being earned. Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 10: SICK LEAVE All full time employees, otb. er than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 10.1 ,qick l.eave Cnnver~qian 10. 2 Sick leave is not vested under California statutory law. 10.3 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate at the time of termination. 10.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 10..5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the ine_entive compensation bank. 10.6 Represented employees will have the option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: ao bo co go All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. The granting of such exchange and subsequent use will be at the discretion of the department head. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed previously converted only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. If an employee, after converting sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to the department head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be subject to an assessment by the department head. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ration at the time the initial exchange was implemented. 9 SECTION 11: SICK LEAVE VERIFICATION A Department Head or supervisor may at their discretion require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. SECTION 12: FAMILY LEAVE The City of Cupertino will be in compliance with State and Federal Family Leave laws. SECTION 13: PERSONAL LEAVE The City shall allow accumulated sick leave credits to be used for medical appointments, to care for children or members of the immediate family who because of illness cannot care for themselves, and for medical emergencies. SECTION 14: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother- in-law and father-in-law. SECTION 15: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an opportunity within the limits of military requirements, to determine when such leave shall be taken. SECTION 16: PREGNANCY DISABILITY LEAVE A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. 10 An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she_expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 17: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. SECTION 18: CATASTROPHIC LEAVE ao The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave, and ask the applicant to submit further documentation from their physician, and to determine the applicant's eligibility for catastrophic leave. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. A recipient must have used all of their available leave hours before he/she is eligible. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of their regular pay. 11 An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds. SECTION 19: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere ef/brt to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 20: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Once a training program has been approved, any employee covered would be eligible for reimbursement for job related training. However, no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. SECTION 21: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. 12 SECTION 22: DUE PROCESS In each and every instance involving the issuance of ~,arning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given, in writing the basis for such action being taken and the opportunity to question the reasons therefore of his/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. SECTION 23: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the lease disruption of service to the City. Unless otherwise prevented from doing so as a result of conditions or situations beyond the City's control, the City will provide a minimum of thirty (30) days notice to any employee subject to being laid off pursuant to the Rule on layoffs. SECTION 24: REINSTATEMENT The names of employees affected by layoff'shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they had received an original appointment. SECTION 25: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 26: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. 13 SECTION 27: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association's membership and presented and approved by the City Council of the City. SECTION 28: EXTENDED BENEFITS It is understood and agreed that any more favorable total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Cupertino Employee's Association. The more favorable terms will be incorporated into this agreement. SECTION 29: TERM This agreement shall be effective commencing at 12:01 a.m., July 1, 2002 and ending at 11:59 p.m. June 30, 2003. CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO Diane E. Arrants David W. Knapp Colin C. Jung Carol A. Atwood Gary J. Komahrens Carol T. Ferrell Susan J. MacGowan Sandy Abe Chylene L. Osborne Kimberly D. Frey Date: Date: Reviewed by City Attorney Charles T. Kilian 14 Date: RESOLUTION NO. 02-109 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL NO. 3, AFL-CIO WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of Operating Engineers Local No. 3, the recognized representative of the Public Works Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002 by the following vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino MEMORANDUM OF UNDERSTANDING City of Cupertino and Operating Engineers Local No. 3 July 1, 2002 - June 30, 2003 Table of Contents Category Definitions Union Recognition Non-Discrimination Representation Rights Employee Rights City Rights Permanent Transfers Notification of Proposed Change Hours of Work: Overtime Compensation for Services Public Employees Retirement Contribution Health and Welfare Benefits Insurance Paid Absences Sick Leave Safety Equipment City Sponsored Recreation Programs Training and Tuition Reimbursement Temporary Disability Benefits Disciplinary Action Layoffs Reinstatement Grievance Procedure Impasse Procedure Section - 1.1 - 1.3 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.1 -9.7 10.1 - 10.9 11.0 12.0 13.0- 13.3 14.1-14.13 15.0- 15.5 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 Page Number 1 1 2 2 3 3 3 3 4 5 8 8 8 9 14 15 16 16 17 17 18 18 19 20 Category Continuation of Benefits Separability Ratification Term Elmwood Work Furlough Program Section 25.0 26.0 27.0 28.0 Attachment Page Number 21 21 21 22 23 MEMORAND~OF~ERST~ING Between CITY OF CUPERTINO and OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO This agreement, entered into the 1st day of July, 2002 between the official representatives of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating Engineers Local Union No. 3, AFL-CIO, hereinafter referred to as "Union", sets fbrth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive majority representative. This agreement represents the entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. General Provisions SECTION 1: DEFINITIONS 1.1 City - the City of Cupertino, a municipal corporation. 1.2 Union - the Operating Engineers Local Union No. 3 1.3 Employee - All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. SECTION 2: UNION RECOGNITION Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as majority representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as determined by the Municipal Employee Relations Officer: · Equipment Mechanic · Street Lighting Worker · Maintenance Worker (T) · Maintenance Worker I · Maintenance Worker II · Maintenance Worker III 2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit. SECTION 3: NON-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all employees shall have equal opportmtity in employment without regard to race, religion, political affiliation, national origin, sex, handicap, sexual orientation or age. SECTION 4: REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise or representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action. 4. 3 The Union may select two (2) employees from the Service Center as Union Steward. 4. 4 In addition to his/her regularly assigned-work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum. 4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues from the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. The Union agrees to provide a monthly list of active membership desiring dues deductions to the City. Terminations and other personnel changes affecting dues payment will be provided to the Union by the City. 4. 6 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation. 4.7 In accordance with SB739, the City agrees to allow for an agency shop vote to be conducted by State Mediation Selwices if all requirements are met. - SECTION 5: EMPLOYEE RIGHTS Employees of the City shall have the right to form, joi_n and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually .in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his/her exercise of these fights. SECTION 6: CITY RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union SECTION 7: PERMANENT TRANSFERS Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date. SECTION 8: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and oppommity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off. 9. 2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten days prior notice. Volunteers will be sought for any change in regular work hours to a shift beginning after 9:00 a.m. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will'attempt to make four-month assignments when possible. Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.) 9. 3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 9. 4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 9.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 4 9. 55 Meal Periods A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes. 9. 6 Compensatory Time Off At the employee's discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned CTO, shall be allowed to schedule CTO at the employee's discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing. CTO may be accrued for up to 80 hours. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may exercise his/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 9. 7 Leave Accruals An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period. SECTION 10: COMPENSATION FOR SERVICES 10.1 2002/2003 Salary Range ao The following approximate monthly salary ranges will apply for each classification effective at the beginning of the pay period in which July 1, 2002 OCCurS. Classification Salary Range/Approximate Monthly · Equipment Mechanic $4344- $5280 · Maintenance Worker (T) $3214 (F) · Maintenance Worker I $3375 - $4103 · Maintenance Worker II $3544 - $4311 · Maintenance Worker III $3908 - $4754 · Street Lighting Worker $3724 - $4526 The City agrees to pay a 10% differential to employees assigned to lead responsibilities for the work furlough program. Other employees assigned to the work furlough program will receive a 5% pay differential. Co The City agrees to conduct a compensation (salary and retirement only) survey in 2003 with adjustments, if any, effective July 1, 2003. The following Santa Clara County cities will be used in the_total compensation survey. Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale d. Comparable classifications must be found in at least six (6) cities for a benchmark classification to be considered. e. The City of Cupertino will place in the top four cities in compensation (salary & retirement) for each benchmark classification. Any compensation adjustment for a benchmark classification (the two underlined classifications below) to place in the top four cities will also be provided to classifications related to the benchmark as set forth below: Equipment Mechanic Maintenance Worker I Maintenance Worker Trainee Maintenance Worker II Maintenance Worker III Street Lighting Worker 10. 3 Out-of-Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at a rate seven and one half percent greater than that of the regular position, for the number of hours so assigned. The temporary assignment shall be authorized in writing by the Supervisor or Superintendent of Public Works. No employee shall work in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 10. 4 Standby Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the following rate per 128 hours so assigned. 7/1/02 - $200.00 6 Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time_of 30 minutes or less. I 0. 5 Callback Pay If any employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and one-half (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the normal rate of pay. 10. 6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10. 7 Probationary Period/Salary Advancement The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter. I 0. 8 Special Skills Compensation - Qualified Applicator's Certificate/Welding Effective July 1, 2000 an employee possessing a valid QAC will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to tasks requiring possession of the QAC. An employee possessing a valid Certificate of Welding, qualified in mild steel, pipe, stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to perform welding on the following "public liability" and/or "public safety" tasks. a. Playground equipment b. Trailer hitches c. Trailers d. Welding and installing cranes e. Water tanks f. Other welding tasks assigned 7 2. Special Skills Compensation - Assigned Use of Class B Driver's License An employee is eligible to receive a five per_cent (5%) premium pay when assigned to operate/drive a vehicle requiring a commercial Class B driver's license. 10.9 Flexible Staffing - Maintenance Worker I/II An employee shall be eligible to advance from Maintenance Worker I to Maintenance Worker II after one year of satisfactory service at the maximum salary step of Maintenance Worker I and with the recommendation of the department head. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. SECTION 12: HEALTH AND WELFARE BENEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public. Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement. July 1, 2002 - $762.50 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. An employee may elect to have excess medical continued as deferred compensation at the employee's discretion. SECTION 13: INSURANCE 13.1 Long Term Disability The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 13. 2 Life Insurance The City shall provide life insurance and accidental d_eath and dismemberment coverage for each employee in the mount of five times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 13.3 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.34 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Martin Luther King Day 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non- work day. Nothing contained herein shall preclude the right of the department head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 9 14.1.1 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 Floating Holiday Leave In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. Each pay period an employee will be credited with .77 hours of holiday leave. Holiday leave may be accumulated up to 40 hours. 14. 3 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval. An employee may accrue no more vacation credit than twice the annual rate being eamed. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Represented employees may convert, on a once per calendar year basis, unused vacation time for payment subject to the following conditions: 1. The employee must have accrued vacation of at least 120 hours. 2. Any payments made for unused vacation will be subject to all appropriate taxes. 3. Minimum exchange will be 8 hours, maximum exchange will be 40 hours. 4. All changes are irrevocable. 10 14. 3.1 Vacation Accrual Rate Benefited full-time employee's accrue vacation in_ accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. 14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave of less than the full mount earned may be taken with the approval of the department head. 14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. 14. 3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 14.4 Sick Leave All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. 11 With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half (1/2) hour increments. 14.5 SICK LEAVE VERIFICATION A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. 14. 6 Personal Leave The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies. 14. 7 Bereavement Leave Employees shall be granted paid bereavement leave not to exceed a total of 24 hours upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, children, step-children, domestic partner, grandparent, grandchildren, mother-in-law and father-in-law. 14. 8 Military Leave Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to determine when such leave shall be taken. 14. 9 Pregnancy Disability Leave A pregnant employee is entitled to up to four months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than 4 weeks) before the date she expects to take the leave and the estimated duration of the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. 12 14.13 Family Leave The City of Cupertino will comply with State and Federal Family Leave Laws. SECTION 15: SICK LEAVE CONVERSION 15.1 Sick Leave is not vested under California statutory law. 15.2 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate averaged over the immediate past 60 complete months of employment multiplied by the total number of non-vested hours. 15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 15. 4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least 60 calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the department head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. 14 14.10 Adoption Leave Upon request, a leave of absence without pay for up t9 four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without m~dng prior arrangements with his/her supervisor. Unless prior arrangements are made, and employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. 14.12 Catastrophic Leave 1. The City's catastrophic leave committee will establish a definition of catastrophic or life-threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from their physician to determine the applicant does suffer a catastrophic or life-threatening illness. 2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. 3. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds. 4. A recipient must have used all of their available leave hours before he/she is eligible. 5. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). 13 If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the following amount to employees for the purchase of safety equipment during the term of this agreement: July 1, 2002 - 400.00 a. rain gear b. hard hats c. vests d. safety shoes e. goggles/safety glasses f. gloves g. ear plugs The City shall retain the right to establish minimum safety and quality standards for the clothing and safety equipment to be used while performing assigned tasks. For new employees the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30). Any employee who, for whatever reason, terminates his/her employment with the City before the beginning of the next fiscal year, shall return to the City the prorated value of said safety equipment allowance. 15 The City will provide and launder shirts or overalls which shall be wom while carrying out the duties of the City. It will be the responsibility of the employee to have ~e required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing or safety equipment, that employee will not be paid until he/she is at the work site with the required clothing and/or safety equipment. SECTION 17: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege Of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 18: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program. A copy of the supervisor & superintendent's recommendation to the department head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the department head for approval or denial. Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement. However, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the program. 18.1 Service Center Safety/Training Committee The City and the Union agree to form a committee to jointly develop a safety/training program to include, but not limited to: CPR, first aid, safe work habits and emergency response roles. The City shall have two members and the Union shall have one member from each Service Center Bureau. 16 SECTION 19: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of, or i_n the course of, the performance of his job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 19.1 Use of Sick Leave to Supplement Temporary Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an mount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly rate into the amount that the employee would have received in industrial injury pay. SECTION 20: DISCIPLINARY ACTION The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination. When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property rights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works. 17 A written notice from the Director of Public Works to the employee at least five days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: a. effective date and time of the proposed action b. the alleged reason for the proposed action c. the acts or omission which support the allegation d. the materials upon which the allegation(s) are based and access to any other related items e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee's right of appeal f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is understood that an employee's request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be five (5) days from the Director's response. SECTION 21: LAYOFFS Layoffs of employees may be made by the appointing authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the appointing authority, will cause the least disruption of service to the City; taking into consideration seniority, performance or whether the employee's skills can be replaced by the existing work force. The City will provide a 30 day notice to any employees identified for layoff. The names of employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten business days to a written notice of such opportunity shall cause that name to be removed from the recall list. SECTION 22: REINSTATEMENT With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment. 18 SECTION 23' GRIEVANCE PROCEDURES Definition and Procedure: a grievance is a dispute or_difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (5) calendar days after such presentation. Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement. or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within five (5) calendar days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within five (5) calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's department head within five (5) calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The department head shall discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the department head shall give the City's written answer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. 1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 19 2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. _ 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. 5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or.rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. SECTION 24: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code (Section 2.52.410), shall apply in the event the parties are unable to resolve and impasse satisfactorily: 24.1 Impasses Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the' issue. 2. A determination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. 20 Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be sched_uled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: a) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. Bo The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half of the City and one-half by the employee organization or employee organizations. SECTION 25: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 26: SEPARABILITY In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 27: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Union following signing of this memorandum by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. 2 7.1 Extended Benefits It is understood and agreed that any more costly total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Union. The more favorable terms will be incorporated into this agreement. 21 SECTION 28: TERM This agreement shall be effectively commencing at 12:_01 a.m. July 1, 2002 and ending at 11:59 p.m. June 30, 2003. OPERATING ENGINEERS LOCAL UNION No. 3 CITY OF CUPERTINO Brian W.'Gathers David W. Knapp Karl L. Olsen Carol A. Atwood Cindy Martinez Ralph A. Quails, Jr. Marc A. LaBrie Sandy Abe Richard S. Burmss Date: Date: Reviewed by City Attorney Charles T. Kilian Date: 22 Attachment Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 1995 may be required to participate in the Elmwood Work Furlough Program (EWFP). 2. Participation by employees hired prior to January 1, 1995 will be on a voluntary basis. Participation: 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Leader will be assigned as necessary to the EWFP. 3. Employees will be provided ten (10) calendar days notice prior to permanent assignment with the EWFP. 4. With the exception of volunteers, employees with the least seniority who have received EWFP training will be assigned within 30 days. of the completion of training to participate as staffing is required. Compensation: 1. Administrative Crew Leader - 10% above base pay. 2. Assistant Crew Leader - 5% above base pay. Responsibility: The following responsibilities/tasks are assigned to participants in the EWFP. 1. Administrative Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Daily administrative of the EWFP. c. Assignment of inmates consistent with direction of the Supervisor. d. Conduct an 8:00 a.m. roll call at the beginning of each day. e. Notify, Elmwood if an inmate does not arrive on time. f. Assign tools and safety equipment to inmates. g. Supervise inmates consistent with the provisions of the Manual". h. Conduct a 4:00 p.m. roll call at the end of each day. responsible Public "Satellite Crew Works Supervisor 23 An Administrative Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. Knowledge of EWFP policies, roles, and regulations. b. Supervise inmates consistent with the provisions of the "Satellite Manual". c. Contact the Administrative Crew Leader concerning EWFP issues. d. Lock and secure Corporation Yard at the end of the day. Crew Supervisor An Assistant Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. Liability: An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while performing duties within the scope of his/her job. 24 DRAFT RESOLUTION NO. 02 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 00-185, UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 17th day of June, 2002 by the following vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Attachment "A" City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant Accounting Technician Administrative Secretary Assistant City Attorney Assistant Director of Public Works Building Official City Clerk City Manager City Planner Deputy City Attorney Deputy City Clerk Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Environmental Programs Manager - Finance Manager GIS Coordinator Human Resources Manager Human Resources Technician Network Specialist Public Information Officer MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Public Works Projects Manager Public Works Supervisor Public Works Superintendent Recreation Supervisor Secretary to the City Attorney Secretary to the City Manager Senior Architect Traffic Engineer Adopted by Action of the City Council, April 1, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02 2 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95 City of Cupertino UNREPRESENTED EMPLOYEES'COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons, other than the City Manager, under this Compensation Program shall be reimbursed in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and .awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City. One means of implementing this encouragement is through a formal reimbursement schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by a Department Head, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of Certain expenses incurred being limited to authorized actual costs thereof. II DEFINITIONS A. Budgetary Limitations Funding capability for payment toward or reimbursement of expenses incurred for attendance at conferences, meetings and training sessions shall be limited to the amount appropriated as a line item for each applicable amount. B. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City of the individual. 4 C. Local Area A local area is that within an approximate 100 mile radius-or two hours drive of the City. D. Meetings A "meeting" shall mean a convention, conference, seminar, workshop, meal or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. E. Training Session A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. III REIMBURSEMENT SCHEDULE A. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. B. Transportation When an expenditure is authorized or is eligible for reimbursement the City will pay transportation costs from the attendee's home to the destination and return on the basis of the costs for the nearest route by air at the air coach fare. Transportation costs also may include limousine or taxi service to and from the attendee's home and the airport or for airport or destination parking charges for personal automobiles so parked when such is used in lieu of travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per mile then in effect for such use except in no case shall it exceed air coach fare. Requests for car rentals must have prior approval by the City Manager for reimbursement. Reimbursement for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. 5 Co Hotel Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost of the room. Such payments or reimbursements shall not be made for hotel or lodging expense when incurred within the local area. Exceptions to this requirement shall be for attendance at the Annual League of California Cities Conference and for those nights when attendance at other conferences, meetings and training sessions official functions would preclude the return to the City by the attendee within two hours after the end of the normal working day. D. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Costs of special luncheon or dinner meetings or other programs on the agenda and not covered by registration fees may be paid or reimbursed in addition to this daily allowance when approved by the City Manager. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard or reasonableness for the situation as may be defined by the City Manager. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance, authorization contained herein, reimbursement for expenses incurred or expenditures made relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. 6 B. Conference Attendance Attendance at conferences or seminars by employees must be approved by the Department Head or the City Manager. C. Meetings Any employee, management or non-management, may attend a meeting when authorized by the Department Head. D. Training Sessions Any employee, management or non-management, may attend a training session when authorized by the Department Head. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. There also will be an appropriation to the Department of Parks and Recreation each year to be used as payment toward or reimbursement of expenses incurred for its in-service training program. Excluded from this funding capability is that amount to be determined each year and appropriated to the Personnel Division for costs incurred in training programs of a general nature and applicable to all employees. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92 7 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification City Manager City Attorney Director of Administrative Services ' Director of Community Development Director of Parks and Recreation Director of Public Works Assistant Director of Public Works City Clerk Human Resources Manager Public Information Officer Senior Architect Traffic Engineer Recreation Supervisor Secretary to City Manager Allowance $350.00 350.00 300.00 300.00 300.00 300.00 250.00 250.00 250.00 250.00 250.00 250.00 200.00 200.00 Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97 10 City of Cupertino UNREPRESENTED EMPLOYEES'COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute an amount of $702.00 per employee per month towards the premium or pay the full cost of the premium if less than this amount. If the premium amounts for any employee covered by this policy are less than $702.00 per month, the difference between the premium amount and $702.00 will be included in the employee's gross pay. Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02 11 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No, 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrural. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 12 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81.6/82, 6/92 13 --lq City of Cupertino UNREP~S~D EMPLOYEES' COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such mounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 14 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION It is the policy of the City of Cupertino to pay the eligible employee's contribution rate to the Public Employees' Retirement System not to exceed seven percent (7%) of the applicable salary. Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/91, 7/92 15 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $74.47 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carder or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99 16 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The City Manager, City Attorney, and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised 7/92, 7/97, 7/99 17 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 18 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 15 PUBLIC SERVICE CREDIT - VACATION ACCUMULATION The City Manager, City Attorney, and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99 19 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance will be offered to the City Attorney and department heads pursuant to Resolution No. 99-070 as amended. Adopted by Action of the City Council July 7, 1997 Revised 7/99 20 City of Cupertino Unrepresented Employees' Compensation Program Policy No. 17 VISION INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $13.34 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02 21 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades Attachment 'T' City Council and Planning Commission Compensation Effective July 1, 2002 CITY OF CUPERTINO CLASSES OF POSITION/CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2002 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. CLASSIFICATION CITY MANAGER DIRECTOR OF ADMINISTRATIVE SERVICES DIRECTOR OF PARKS & RECREATION DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS CITY ATTORNEY MEMBERS OF THE CITY COUNCIL MEMBERS OF THE PLANNING COMMISSION - $50/rneeting (maximum $200/mo) Only the City Council can modify these rates. $14,295 $9,812 - 11,927 $9,222 - 11,209 $9,222 - 11,209 $10,014 - 12,169 $13,105 $618.85/mo. CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2002 Classification Assistant City Attorney Building Official City Clerk City Planner Environmental Programs Manager Human Resources Manager Information Technology Manager Public Information Officer Public Works Projects Manager Public Works Supervisor Recreation Supervisor Service Center Manager Approx. Monthly Salary Range $5,868 - 7,132 $7,235 - 8,795 $5,868 - 7,132 $7,235 - 8,795 $5,781 - 7,027 $6,920 - 8,411 $6,694 - 8,138 $5,868 - 7,132 $5,868 - 7,132 $5,418 - 6,586 $5,418 - 6,586 $7,235 - 8,795 CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1,200~ Classification Accountant Accounting Technician Administrative Secretary Community Relations Coordinator Deputy City Attorney Deputy City Clerk GIS Coordinator Human Resources Technician Network Specialist Secretary to the City Manager Secretary to the City Attorney Approx. Monthly Salary_ Range $4,852 - 5,898 $4,503 - 5,473 $4,042 - 4,914 $4,665 - 5,671 $4,855 - 5,901 $4,042 - 4,914 $4,665 - 5,670 $4,503 - 5,473 $4,665 - 5,671 $4,422 - 5,375 $4,422 - 5,375 UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM INDEX Category_ PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY SALARY SCHEDULE TRAINING AND CONFERENCES I POLICY II DEFINITIONS III REIMBURSEMENT SCHEDULE IV ATTENDANCE AUTHORIZATION V FUNDING AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS ASSOCIATION MEMBERSHIP AND PROFESSIONAL PUBLICATIONS OVERTIME WORKED HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION FLEXIBLE HOLIDAYS LIFE AND LONG TERM DISABILITY INSURANCE DEFERRED COMPENSATION Policy No. 1 2 3 3 3 3 3 3 4 6 7 8 9 10 Page 1 3 4 4 4 5 6 7 8 9 10 11 12 13 14 Category Policy No. PUBLIC EMPLOYEES' RETIREMENT SYSTEM 11 CONTRIBUTIONS DENTAL INSURANCE - EMPLOYER CONTRIBUTION 12 ADMINISTRATIVE LEAVE 13 EMPLOYEE ASSISTANCE PROGRAM 14 PUBLIC SERVICE CREDIT - VACATION ACCUMULATION 15 HOUSING ASSISTANCE PROGRAM 16 VISION INSURANCE - EMPLOYER CONTRIBUTION 17 ATTACHMENT 'T' - LISTING OF CLASSIFICATIONS - SALARY SCHEDULE Page 15 16 17 18 19 20 21 DRAFT RESOLUTION NO. 02-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE 19IEYERS-GEDDES STATE EMPLOYEES MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Meyer-Geddes State Employees' Medical and Hospital Care Act (Act) shall fix the amount of the employer's contribution at an amount not less than that required under Section 22825 of the Act; and WHEREAS, the City of Cupertino is a local agency contracting under the Act; NOW, THEREFORE, BE IT RESOLVED that the employer's contribution for each employee/annuitant shall be the amount necessary to pay the cost of his/her enroll- ment, including the enrollment of his/her family members, in a health plan or plans, up to a maximum as set forth herein effective July 1, 2002: Code Bargaining Unit Cost Per Month 01 Management $702.00 02 Confidential $702.00 03 Cupertino Employees' Association $682.00 04 Operating Engineers Union Local #3 $762.50 PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 17th day of June, 2002 by the following vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino DRAFT A RF_,SOLUT[OH OF THE, CITY COUNCIL OF '['HE CITY OF CUPERTINO AMENDING THE ADMINISTRATIVE RULES AND REGULATIONS OF THE PERSONNEL CODE. WHEREAS the City Council desires to amend the Administrative Rules and Regulations of the Personnel Code. NOW, THEREFORE BE IT RESOLVED that the Administrative Rules and Regulations of the Personnel Code be amended as shown in Attachment "A" which is incorporated in this resolution by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002 by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino ATTACHMENT A PARTI _PERSONNEL RULES SECTION 1 DI~,FINITIONS 1.1 Administrative Leave: Leave granted by the City M_ anager with or without pay for a maximum of thirty (30) calendar days. 1.2 Allocation: The assignment of a single position to its proper classification in accordance with the duties performed and levels of responsibility. 1.3 Anniversary Date: A date set following a beginning level or promotional appointment, on which an employee is due for a performance evaluation, or is eligible for status change, or should be considered for a merit increase. 1.4 Applicant: A person who has submitted an application for employment. I. 5 Anpointine Authority: The City Manager. 1.6 Candidate: An applicant invited to compete in the examination process. 1.7 Certification Notice: The submission of names of eligibles from an eligible list. 1.8 Class Specification: The official description of a job classification including the title, a statement of duties and levels of responsibilities, distinguishing characteristics from other classes if applicable, and qualification standards including education, experience, knowledge, skills, and abilities. 1.9 Classification (Class): A group of positions having duties and levels of responsibility sufficiently similar that the same job title, examples of duties, qualification standards, and methods of selection and compensation may be applied. 1.10 Confidential Classification: Confidential classes as defined in City Resolution No. 9901. 1.11 Continuous Service: The uninterrupted service of an employee from the date of his/her latest appointment to the present. Continuous service shall be broken through death, discharge, resignation, retirement, or layoffs exceeding twelve (12) months duration without the employee having been reinstated. Continuous service shall be interrupted through a leave of absence or suspension without pay exceeding ten (10) work days. 1.12 Days: Calendar days, unless otherwise indicated. 1.13 Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. 1.14 1.15 1.16 1.17 1.18 1.19 1.20 Eligible: A person whose name is on an open competitive or promotional eligible list. Eligible List: Open Eligible List: A list of names of persons who have taken and qualified in an open competitive examination for a position subject to the merit and fitness provision of Chapter 2.52 of the Personnel Code. Promotional Eligible List: A list of names of persons who have taken and qualified in a promotional examination for a position subject to the merit and fitness provision of Chapter 2.52 of the Personnel Code. Employee Organization: An organization recognized in accordance with the provisions of Chapter 2.52 et seq. of the Personnel Code. Grievance: A good faith dispute or difference of opinion raised by an employee involving the meaning, interpretation, or application of the expressed provisions of a Memorandum of Understanding, city policy, or existing work rules conceming a matter within the scope of representation. Examination: Open Competitive Examination: The testing process for a particular class which is open to all persons meeting the requirements for the position. Promotional Examination: The testing process for a particular class, admission to the examination being limited to employees with regular status who meet the requirements for the position. Continuous Examination: The testing process announced on an open competitive basis administered periodically resulting in the placement of names, in order of final scores, on an employment list for a period of one year. Exclusive Representative: An employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employee relations officer following a secret ballot election as representing the employees in an appropriate unit. Exempt Positions: Personnel Code Exemptions: The City Manager, City Attorney, Manager, Secretary to the City Department Directors, Secretary to the City Attorney, and employees serving under 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 appointments of provisional, exempt, temporary, or emergency status, are not subject to the merit and fitness provisions of the Personnel Code. Fair Labor Standards Act (FLSA) Exemptions: Executive, Administrative, and Professional employees designated exempt under the FLSA. (29 CFR §§541.1 - 541.3 etseq) Fiscal Year: July 1 through June 30. Human Resources Manager: The City Manager or his designated representative. Injury Leave: Leave arising out of and in the course of employment as defined by Workers' Compensation laws, State of California Labor Code. In-Service Training: Any class, seminar, workshop, training course or conference participated in by an employee while working for the city. Layoff: Separation from employment due to lack of work or lack 'of funds. Management Classifications: Management classes as defined in City Resolution No. 9901. Merit Salary Increases: Advancement through the steps of a salary range, based on satisfactory job performance, at specified time intervals. Municipal Employee Relations Officer: The City Manager or his duly authorized representative. Normal Workweek: A normal workweek is defined as 40 hours of work in five working days unless modified by the department head. Personnel Code: Chapter 2.52 of the Municipal Code. Probationary Period: The final component of the selection process involving a 12 month working test during which an employee is required to demonstrate fitness for the assigned position by actual performance of the duties of the position. Promotion: The movement of an employee from one class to another class having a higher maximum pay rate. Provisional Appointment: An appointment of a person who possesses the minimum qualifications established for a particular class and who has been 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 appointed to a position in the absence of an eligible list and is limited to one hundred and eighty (180) calendar days of employment. Recall: Reemployment of a person laid off from er~ployment as a result of a lack of work or lack of funds. Reclassification: Allocation by the City Manager of an individual position to another more appropriate classification, whether new or already created. Regular Employee: An employee who has successfully completed the probationary period. Regular Part-time Employee: An employee appointed in a part time basis to an authorized position with pro-rated benefits who has successfully completed the probationary period. Reinstatement: The reemployment without examination of a former regular employee who resigned in good standing and is eligible for reinstatement to their former class pursuant to the provisions of a memorandum of understanding. Review Date: See Section 1.3 Anniversary Date Seniority City Seniority: The length of continuous service by an exempt or regular employee. Classification Seniority: The length of continuous service in a classification by an exempt or regular employee. Suspension: The temporary separation from employment without pay, of an employee for disciplinary purposes. Temporary Employee: An employee appointed on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature either on a full- time or part-time basis. Such appointments are based on an hourly rate of pay when less than full-time and do not include benefits except as prescribed by law. May not work more than 1,000 hours per fiscal year. Total Compensation: The total renumeration, including salary, applicable economic employee benefits, and working conditions received by the employee from the city. Transfer: A change of an employee from one position to another in the same class or in a comparable class. SECTION 2 GENERAL ADMINISTRATION 2.1 Purpose The purpose of these Rules shall be to provide the Basis of a merit system by which the personnel program shall be administered. These Rules shall also provide the basis of common understanding between the supervisors and employees as to terms and conditions of employment insofar as they are not superseded by a formally adopted Memorandum of Understanding pursuant to the provisions of Chapter 2.52 of the Personnel Code, Section 2.52.280 Employer- Employee Relations. 2.2 Policy The policy under which these Rules shall be administered is to provide for fairness both to the employee and the city and for consistency and uniformity in the administration of the Personnel Program. 2.3 Administration The administration of these Rules is hereby vested in the Human Resources Manager subject to administrative policies as set forth by the City Manager. 2.4 Interpretation Any interpretation, definition or meaning of any provision, term or condition contained herein shall be as set forth in writing by the Human Resources Manager whose interpretations, definition or meaning shall be considered as supplemental hereto. 2.5 Coverage All officers, employees and positions shall be subject to these Rules except for those officers, employees and positions specifically enumerated herein below. a. All Elected Officers b. City Manager c. City Attorney d. Chairmen and members of appointed boards, commission and committees e. Part-time, temporary, and seasonal employees. 2.6 Repeal of Existing Rules All existing Rules and other policies currently or heretofore in effect relating to those terms and conditions of employment as provided for herein are hereby rescinded and repealed. 2.7 Amendments to Rules Amendments to and modifications of these Rules shall be as set forth in the Personnel Code. 2.8 Effective Date These Rules shall be filed with the City Clerk on adoption by the City Council and shall become effective immediately thereafter._ SECTION 3 GENERAL PROVISIONS 3.1 Fair Employment Practices No question in any test, application form, or in any other personnel proceeding shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin, ancestry, mental, or physical disability, medical condition, marital status:, sex, age, or sexual orientation unless required for compliance with any federal or state law or regulation regarding equal opportunity in employment. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any consideration of race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless such physical or mental disability precludes the performance of an essential job function with or without reasonable accommodation. 3.2 Violation of Rules Violation of the provisions of these Rules may be grounds for disciplinary action or removal from an eligible list. SECTION 4 CLASSIFICATION PLAN 4.1 Preparation of Plan The Human Resources Manager shall ascertain and record the duties and responsibilities of all positions and, after consulting with the Appointing Authority and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specification including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. 4.2 Adoption and Revision of Plan The classification plan shall be adopted and may be amended from time to time by resolution of the City Council. 4.3 Allocation of Positions Following the adoption of the classification plan, the Human Resources Manager shall allocate every regular position to one of the classes established by the plan. Allocation factors directly relate to duties, responsibilities, and minimum · qualifications, and do not include the mount of work performed or other factors related to compensation. 4.4 New Positions When a new position is created, before it may be filled, the Appointing Authority shall notify the Human Resources Manager and except as otherwise provided by these rules, no person shall be appointed or employed to fill any such position until the classification plan has been amended as necessary to provide therefore and an eligible list established for such position. 4.5 Reclassification Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Human Resources Manager to a more appropriate class, whether new or already created. SECTION 5 RECRUITMENT 5.1 Announcement Notices All examinations for regular positions shall be publicized by posting announcements on official bulletin boards and by such other methods as the Human Resources Manager deems advisable. Special recruitment shall be conducted, if necessary, to insure that all segments of the community are aware of forthcoming examinations. The announcement shall specify the title and pay of the position for which the examination is announced; the nature of the work to be performed; typical duties; qualification requirements for the position; the manner of making application, components of the testing process, and any other pertinent information. Certified copies of college transcripts, motor vehicle driver records, and other documents required during the application process will be identified in the announcement notice. 5.2 Request for Application Forms Applications will only be provided during the period set forth in the announcement notice. Internal lists of subsequent job openings will not be maintained. .5.3 Application Forms Completed applications are required for all open and promotional examinations. All applications must be signed by the person applying. Resumes are not accepted in lieu of completed applications. 5.4 Disqualification The Human Resources Manager shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position; is addicted to the habitual excessive use 5.5 5.6 of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in the application. Whenever ar/_ application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Human Resources Manager. Defective applications may be returned to the applicant with notice to amend the same providing the time limit for receiving applications has not expired. Disqualification - Nepotism It is the policy of the City of Cupertino to remain free from nepotism while not discriminating against the applicant. The following provisions apply: a. Members of the immediate family of City Councilmembers may not be employed by the city during the Councilmember's term of office. bo Members of an immediate family may not be employed simultaneously by the city in positions where family influence and/or relationship might affect supervision, safety, security, or morale in a manner detrimental to the conduct of city business, or where such relationships may result in conflicts of interest. c. "Immediate family" is defined as spouse, father, mother, brother, sister, son or daughter, grandmother, grandson or granddaughter, including step children. Receipt o__f Applications Applications must be received by the final filing date as set forth in the announcement notice. Applications received through facsimile (fax) transmission by the final filing date are acceptable on the condition that the original application is received by 5:00 p.m. on the first business day of the city of the following week. SECTION 6 EXAMINATIONS 6.1 Nature and Type of Examinations The selection technique used in the examination process shall be job related and designed to fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the position to which they seek to be appointed as determined by the Human Resources Manager. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical examinations, or any combination of these or other tests. The probationary period shall be considered as an extension of the examination process. Examinations shall be designed to provide equal oppommity to all candidates by being based on an analysis of the essential 6.2 requirements of the classification, covering only factors related to such requirements. Promotional Examinations Promotional examinations may be conducted whenever, in the opinion of the HUman Resources Manager after consultation with the respective department head, the needs of the service require. Promotional examinations may include any of the selection techniques identified in Section 6.1 of these rules, or any combination thereof. Only regular employees who satisfy requirements set forth in the promotional examination announcement may compete in such an examination. 6.3 Continuous Examinations Open competitive examinations may be administered periodically for a single class as the needs of the city require. Names shall be placed on eligible lists in order of final score and shall remain on such lists for a period of one year. 6.4 Scoring Examinations and Oualifving Scores A candidate's score in a given examination shall be based on his/her scores in each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such candidate as failing in the entire examination or as disqualified for subsequent parts of an examination. The Human Resources Manager may, at his/her discretion, include as a part of the examination tests which are qualifying only. 6.5 Notification of Examination Results Candidates in an examination shall be given written notice of whether they were successful in the examination process. If successful they shall be placed on an eligible list. SECTION 7 ELIGIBLE LISTS 7.1 Eligible Lists After the completion of an examination the names of successful applicants shall be placed on an eligible list from which appointments shall be made. 7.2 Duration of Eligible Lists Eligible lists shall remain in effect for six months unless exhausted sooner or abolished by the Human Resources Manager. Eligible lists may be extended for up to an additional year by action of the Human Resources Manager. 7.3 Placement on the Eligible List Eligible persons shall be placed on an eligible list by: (1) rank in order of final score after all components of the selection process, (2) by alphabetical placement in a category (superior, good, average) as determined by final score, or (3) by 10 alphabetical assignment on the eligible list. The Human Resources Manager shall determine the type of eligible list after the testing process is completed for each examination. 7.4 Certification The number of eligibles certified for the employment interviews shall be determined consistent with the method of placement on the eligible list as set forth below. Method of Placement Final Score Category Alphabetical Certification Rule of Three Rule of Rank Rule of List 7.5 Order of Certification The Human Resources Manager shall certify the names of persons eligible for appointment in the following order: a. Recall Lists b. Request for transfer or demotion c. Reinstatement Lists d. Promotional Lists e. Open Eligible Lists 7.6 Removal of Names from Eligible Lists The name of any person appearing on an eligible list shall be removed by the Human Resources Manager upon receipt of a request in writing to do so, if the person fails to respond to a notice of certification mailed to his/her last known address, or if the person has been certified for appointment three times and has not been appointed. The person affected shall be notified of the removal of his/her name by a notice to the last known address. The names of persons on promotional eligible lists who resign from city service shall automatically be removed upon termination of employment. ~7 Replacing an Eligible List If there are fewer than three persons on an eligible list available for employment, the Human Resources Manager may abolish said eligible list and notify each person on the eligible list. SECTION 8 APPOINTMENTS 8.1 Type of Appointments All vacancies shall be filled by recall, transfer, demotion, reinstatement, or from eligibles certified by the Human Resources Manager. In the absence of eligible 11 lists, provisional appointments may be made consistent with the provisions of these roles. Appointments fall into the following categories: a. Regular Full-Time: Appointment on a furl-time basis to an authorized position. b. Regular Part-Time: Appointment on a part-time basis to an authorized position with partial benefits. Co Temporary: Appointment on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature, either on a full-time or part-time basis. Less than full-time appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law. No special credit or consideration for service shall be given to a temporary appointee in qualifying for a regular appointment. Provisional: In the absence of appropriate eligible lists, a provisional appointment may be made by the Appointing Authority of a person meeting the minimum training and experience qualifications for the position. An eligible list shall be established within six months for any regular position filled by provisional appointment. No special credit or consideration for service shall be given to a provisional appointee in qualifying for a regular appointment. e. Exempt: All employees occupying positions as described in Section 1.20 herein. 8.2 Position Requisitions Whenever a vacancy is to be filled, the department in which the vacancy exists shall complete a position requisition form and submit it to the Human Resources Manager after approval by the City Manager. 8.3 Order of Emplownent Positions shall be filled by any persons on a recall list in order of seniority. Positions may be filled by a transfer, demotion, or reinstatement. If three or more persons are on a promotional eligible list and willing to accept the position, an appointment shall be made. If three or more persons are on an open eligible list and willing to accept the position, an appointment shall be made if the position is to be filled while the eligible list is active. SECTION 9 PROBATIONARY PERIOD 9.1 Objective of Probationar~ Period The probationary period shall be considered a part of the testing process for appointments to regular full and part-time positions, and shall be utilized for 12 closely observing the employee's work and for securing the most effective adjustment of a new employee in the new position. 9.2 Extension of Probationary Period If a probationary employee is off work, for any reason, for four consecutive weeks or more, the employee's probationary period will be extended for the period of his/her absence. 9.3 Rejection during Probationary Period During the probationary period, an employee may be rejected at any time by the department head without cause and without fight of appeal. Notice of rejection shall be served in writing to the probationer, indicating that the employee has failed to satisfactorily complete the probationary period. SECTION 10 PERFORMANCE EVALUATIONS 10.1 Evaluation of Employee Performance It is the responsibility of department heads and/or supervisors to prepare periodic evaluations of performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended courses of action outlined for correction and improvement. The purpose of periodic performance evaluations is to provide continuing feedback to employees concerning performance. The performance evaluations shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties. Performance evaluation forms will be provided 30 days prior to the date scheduled to be returned to the Human Resources Manager. 10.2 Performance Evaluation Forms Performance evaluations shall be based upon forms approved by the Human Resources Manager. Service ratings shall be based upon the independent judgment of one or more supervisory personnel, including the immediate supervisor of the employee being rated. The completed performance report shall be presented to the employee for review and signature, and then forwarded to the Human Resources Manager. 10.3 Annual Evaluations - Merit Increases Performance ratings shall accompany all requests for merit increases. Employees at the "E" step shall have their performance evaluated on their annual anniversary date in the classification. 10.4 Probationary Period Performance evaluations shall be completed every three months during the probationary period. 13 10.5 Non-timely Evaluations - Merit Increase If a performance evaluation is not submitted prior to a scheduled merit increase, the employee will automatically advance to the next higher salary step. 10.6 Performance Evaluations - Disagreement Employees shall have the right to attach a statement disagreeing with the performance ratings received. The statement will be filed with the performance evaluation. SECTION 11 STATUS CHANGES 11.1 Transfer No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Upon approval by the Human Resources Manager, an employee may be transferred by the department head at any time from one position to another in the same class. If the transfer involves a change from one department to another, both department heads must approve. 11.2 Demotion Upon request of the employee, and with the consent of the department head, demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 11.3 Suspension A department head may, after review with the Human Resources Manager, suspend an employee from his position at any time for a disciplinary purpose. All suspensions shall be consistent with the provisions of Memoranda of Understanding and Administrative Procedures. 11.4 Reinstatement With the approval of the department head, a regular or probationary employee who has resigned with a record of satisfactory service may be reinstated within two years of the effective date of resignation to a vacant position in the same class. Upon reinstatement, former service credit with the city shall be restored for the purpose of determining benefit accruals. Sick leave hours will not be restored and for all other purposes the employee shall be considered as though he/she had received an original appointment. SECTION 12 ATTENDANCE AND LEAVES OF ABSENCE 12.1 Hours of Work The normal work week shall be Monday through Friday. The normal work day shall be from 8:00 a.m. to 5:00 p.m. except for Friday, which is 7:30 a.m. to 4:30 p.m. The normal work week shall be 40 hours in seven consecutive days. 14 12.2 A variance to the normal work week or working day may be established by the department head with the written approval of the City Manager when such is deemed by the City Manager to be in the best intere_st of the city. Any such variance shall identify the positions to which it applies and shall be filed with the Human Resources Manager. Holidays The holidays to be observed are as follows: a. New Year's Day b. Martin Luther King Day c. Washington's Birthday d. Memorial Day e. Independence Day f. Labor Day g. Veteran's Day h. Thanksgiving Day i. Friday Following Thanksgiving Day j. Christmas Eve k. Christmas Day 1. New Year's Eve Holidays falling on a Saturday will be observed on the preceding Friday and holidays falling on a Sunday will be observed on the following Monday. 12.2.1 12.2.2 12.2.3 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Floating holiday leave shall be earned at the rate of .77 hours per pay period. Holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. Rescheduled Work Assignments Nothing contained herein shall preclude the right of the department head with the approval of the City Manager to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. Unusual Work Hours Employees whose normal work day is at variance with the normal work hours specified in Section 12.1 of these rules will be compensated for the additional work hours required. 15 12.2.4 Holidcw Pa~ In order for an employee to receive Ns/her regular pay for a holiday or designated non-work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-workday. Employees on vacation, injury leave, sick leave, or approved short term leave of absence, with pay, shall be considered as working their regular schedule for pay purposes. 12.3 Vacation Accrual All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits. Accrued vacation may be taken with the prior approval of the supervisor. Vacation leave must be taken in no less than one (1) hour increments. Vacation hours shall be accrued in accordance to the following table: YEARS O F SER VICE HOURS ~4 CCR UAL DAYS PER YEAR PER PA Y PERIOD 0-3 3.08 10 4-9 4.62 15 10-14 5.24 17 15-19 6.16 20 20+ 6.77 22 An employee may accrue vacation hours up to two times the annual hours being earned. On termination of employment or on receiving a leave of absence of more than three (3) months an employee shall be compensated for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. Unused vacation may not be used to extend the final employment date. The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 12. 3.1 Vacation Sellback Employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: a) The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. b) Any payments made for accrued vacation hours will be subject to taxes as determined by law. 16 c) Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. d) A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. 12.4 Sick Leave All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours sick leave they would normally work in one day or the equivalent without limit on accumulation. Employees absent without pay for any reason for more than forty (40) hours during a pay period shall not earn sick leave benefits for that month. Sick leave may be utilized due to the employee's personal illness, injury, maternity, or sickness or injury in the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. Accrued sick leave hours are not vested under California statutory law. 12. 4. ! Sick Leave Conversion Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis with a maximum of 48 hours and a minimum of 4 hours. 12. 4.2 Conditions - Sick Leave Hours Conversion to Vacation a) All requests to exchange sick leave for vacation time shall be submitted in writing to the deparm~ent head at least thirty (30) calendar days prior to intended utilization. b) At least one-half of the vacation accrued during the previous twelve months must have been taken. c) Department head approval is required 17 12. 4.3 Conditions - Vacation Hours Conversion to Sick Leave 12.4.5 If twelve (12) months have elapsed since approval 'of the exchange of sick leave for vacation, and the employee has not been permitted to use the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. If an employee, after converting sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to the department head to re-convert vacation time to sick leave on a reverse ratio* basis. Approval will be subject to an assessment by the department head. 12.4. 4 Personal Leave Employees represented by the Operating Engineers Union Local No. 3 (Public Works Unit) - the city shall allow accumulated sick leave to be used for con - ducting personal business that cannot be conducted outside regular working hours. The employee must request leave, if non-emergency, at least forty hours (two working days) prior to the time of utilization. In cases of emergency, the forty-eight hour (48) notification procedure may be waived by the immediate supervisor, provided a leave request is completed and the reason for the request is stated upon return. Personal leave is not a benefit to other employees. SICK LEAVE VERIFICATION A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or ' "Reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ration at the time the initial exchange was implemented. 18 12.5 12.5.1 12.5.2 12.5.3 12.6 12.7 excessive use of sick leave may constitute grounds for discipline up to and including dismissal. Incentive Compensation Hourly Value Employees represented by the Operating Engineers Union Local No. 3. At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate averaged over the immediate past 60 complete months of employment multiplied by the total number of non-vested hours, or completed months of employment if fewer than 60. All other employees - at the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's final base hourly rate multiplied by the total number of non-vested hours. Retirement If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eight-five percent (85%) of the value of the incentive compensation bank. Resignation If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. Bereavement Leave Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, stepchild, grandparent, grandchildren, mother-in-law and father-in-law. Absence Notification An employee is not expected to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee, who for any reason fails to report for work must immediately notify his/her supervisor of the reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged. Absences exceeding three (3) days require a physician's certification of illness and release to return to work. The certification and release must be provided at the time of return to work. A continuing illness requires a physician's certification 19 12.8 12.9 12.10 12.11 of illness during each pay period. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal_by the department head. In the absence of such disciplinary action, any employee who is absent for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by approving leave with or without pay when extenuating circumstances are found to have existed. Military Leave Military leave shall be granted in accordance with the provisions of California statutory law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of the military requirement, to determine when such leave shall be taken. Jury Duty Employees called for jury duty shall be paid for regular work time upon receipt by the Human Resources Manager of confirmation that the employee reported to jury duty by the Jury Commissioner. Temporary Disability Benefits Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot perform the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by California statutory law. Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earning or weekly earning capacity by use of accrued sick leave hours. Pregnancy Disability Leave A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physicians certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The city will pay health and welfare benefits at the same rate as prior to the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. 2O 12.12 12.13 Adoption Leave Upon request a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay_and sick leave may be taken at the option of the employee during this leave time. The city will pay health and welfare benefits at the same rate as prior to the leave. Catastrophic Leave The city will form a committee to establish a definition of catastrophic or life-threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from their physician to determine the applicant does suffer a catastrophic or life- threatening illness.\ bo All benefited employees who have passed initial probation with the city will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation and submit it to the Human Resources Manager when applying for funds. c. A recipient must have used all of their available leave hours before he/she is eligible. do The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). eo Vacation leave and compensatory time off are the only leave of absence hours that may be donated. An employee may not donate vacation leave hours which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave balance which is the equivalent of 40 hours of the average hourly rate of full-time regular employment. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. If the bank is depleted, a vacation transfer drive may be held at the request of the committee. 21 Donated leave hours will be converted to cash and deposited in a time- bank where it will be available for distribution. Interest accruing from the bank shall be credited the time-bank. Chec_ks will be issued to the recipient with the regular payroll which will keep the individual in an active employment mode with the city. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. No employee shall receive payment for more than 100% of their regular pay. 12.14 Attendance Employees shall be expected to perform their given work assignments until the end of that work period. An employee who is not able to do so shall notify his/her supervisor of that fact at the earliest possible time after that fact is known to him/her. Abuse of attendance requirements may be grounds for appropriate disciplinary action. 12.14.1Attendance Records Attendance records shall be maintained for each employee which shall form basis for payroll and accounting requirements. the SECTION 13 OVERTIME 13.1 Overtime Pay Overtime pay shall be made when an employee is authorized to work in excess of forty hours during the normal work week. 13.2 Non-Exempt Overtime All approved work performed by employees in excess of 40 hours in a seven day work week, shall be paid at the overtime rate of one and one-half ( 1 V2 ) times the normal hourly rate. 13.3 Exempt Employees Management and unrepresented professional employees designated exempt under the Fair Labor Standards Act are ineligible for overtime payment. However, no deduction from leave balances are made when such employee is absent from work less than a regular working day. 13.4 Stand-by-Pay Employees who are required to make themselves available to be called back to work outside the normal work period shall be compensated for such stand-by assignment at the rate set forth in memoranda of understanding for each week so assigned. 22 SECTION 14 TERMINATION AND REEMPLOYMENT 14.1 Resignations Resignations are deemed accepted and irrevocable once presented in writing to an employee's supervisor or department head. 14.2 Layoffs Layoffs may be made by the Appointing Authority for lack of funds, lack of work or other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the least disruption of service to the city. The city will provide a minimum of thirty (30) days notice to any employee subject to being laid off unless prevented from doing so by conditions beyond the city's control. 14.3 Reemployment The names of employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reemployment. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. 14.4 Reinstatement With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good work record or an employee recalled from a list resulting from a layoff may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement the employee, for all purposes, shall be considered as though they had received an original appointment. SECTION 15 DISCIPLINE 15.1 Policy It shall be the policy of the City of Cupertino to establish consistency in procedures relating to employee discipline. 15.2 Procedure The Human Resources Manager shall be contacted whenever a supervisor has reason to believe that an employee has violated a rule of conduct or other policy, procedure, practice, or regulation, whether formal or informal, resulting in a cause for disciplinary action. The determination of corrective action, if any, will be made after an investigation with department management of the alleged violation. 23 15.3 If a determination is made that corrective action is necessary, the Human Resources Manager will prepare the neceSSary correspondence and review with the department head. The City Manager shall b_e advised of any disciplinary action. A pm-disciplinary meeting (Skelly) will generally precede a proposed disciplinary action involving a loss or reduction of pay. Forms of Disciplinary Action The following forms of disciplinary action are listed in order of the least severe (verbal reprimand) to the most severe (discharge). Verbal Reprimand - is considered informal discipline with the purpose of notifying the employee that his/her performance or behavior must be improved. This verbal warning defines the area in which improvement is required, sets up goals and/or objectives leading to this improvement and informs the employee that failure to improve will result in more serious disciplinary action. The verbal reprimand is the first official step of disciplinary action. It is designed to address minor infractions of rules and practices. It is, in effect, a statement to the employee that he/she has (1) violated a rule or work practice that he/she should have been aware of, and (2) that he/she will be expected to abide by all such roles or practices in the future. Written reprimand - is an official record of discipline, usually issued after a previous verbal reprimand. The employee is advised that his/her behavior is seriously below standard and that continuation or repetition of that behavior shall result in more serious disciplinary action. The written reprimand shall cite violations of the city's rules of conduct or causes for disciplinary action. The written reprimand is considered the first formal step in the disciplinary procedure. Suspension - is an ordered absence from duty without pay for a prescribed period of time. An employee may be suspended without pay for up to thirty (30) calendar days. A suspension without pay is a serious action by management involving loss of pay and possibly supplemental benefits (depending on length of suspension). An employee generally receives less severe discipline prior to a suspension. Reduction in Pay - is a temporary reduction in salary tO a lower salary step for a specified period of time. The employee does not have stoppage of income and may be able to have the reduction lifted by good performance. The department does not lose the services of this employee. As with suspension, an individual should have been warned or reprimanded prior to taking this action. 24 15.4 Demotion - is a permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons. If a demotion is recommended: 1) The letter of demotion should be specific as to the reason(s) for the action; 2) The employee's new duties must be consistent with those described in theclass specification for the position. Discharge - is the most severe form of disciplinary action. Removal from employment may be caused by a serious violation of the "causes for disciplinary action," or due to violation of work rules and practices. This action should only be take when management is thoroughly satisfied that the employee has been given every reasonable oppommity to meet performance or behavior standards and clearly failed to do so. Causes for Disciplinary Action Any of the following may be deemed sufficient cause for disciplinary action. The listing herein is not intended to be limiting. a. Unauthorized possession of city property or an employee's personal property. b. Willful abuse, damage, or defacing city property. c. Misuse of city materials, equipment, or property. d. Neglect of duty. e. Insubordination. f. Violation or disregard of published safety rules or common safety practices. g. Sleeping on the job. h. Refusal or failure to perform work as assigned. i. Refusal or failure to follow a direct order of a supervisor. j. Loitering or willfully wasting time during working hours. k. Gross negligence that negatively affects the quality of service or finished product. 1. Fighting on city property or during working hours. m. Gambling on city property. n. Possession of alcoholic beverages, illegal/unauthorized drugs, or being under the influence of intoxicating beverages/drugs on city property or during working hours. o. Illegal conduct. p. Unauthorized selling on city property or during working hours. q. Unauthorized possession of weapons. r. Falsifying pay or production records. s. Excessive absenteeism/tardiness. t. Absence without approved leave. 25 15.5 15.6 yo Offensive treatment of the public or other employees. Fraud in securing employment. Dishonesty. Incompetence. As used herein, the term "incompetence" shall mean that the employee lacks adequate ability, knowledge, skill, or fitness to perform the duties in a satisfactory manner which are within the scope of the employee's employment. Job abandonment. Pre-disciplinary Proceedings The California Supreme Court's Skell¥ decision provides a public employee with certain procedural protections before discipline which impacts pay or benefits may be imposed. Disciplinary action may be taken prior to Skell¥ under extraordinary or emergency circumstances. The following procedure satisfies the requirements of Skell¥: a. The employee receives notice of maximum disciplinary action that may be imposed. b. The notice states the reasons for the proposed disciplinary action. c. The notice contains the charges upon which the proposed disciplinary action is based. d. The employee is allowed access to the materials upon which the proposed disciplinary action is based. e. The employee is afforded the right, either orally or in writing, or both, to respond to the proposed charges. Notice Requirements The notice requirements of Skell¥ are as follows: a. The Skell¥ notice should be in writing. bo The letter should set a date, time, and place for the employee and/or his/her representative to respond to the charges if he/she elects to do so. The Skelly meeting should be at least five (5) working days following the letter to provide the employee an opportunity to respond. The letter should also contain a request that the employee give notice if he/she elects to waive the right to respond orally. c. The letter should contain the maximum penalty which may be imposed. 26 15.7 do The reasons for the proposed disciplinary action must be set out in detail. The part of the Skelly letter setting out the misconduct with which the employee is charged must be factual so th_at any person reading the letter will be able to determine the exact misconduct charged. eo The factual allegations of misconduct must specifically cite violations of the city's "causes for disciplinary action" as described in Section 15.4 herein. The letter must advise the employee of his/her right to respond to the charges, either orally in writing, and that the employee has a right to have any documents upon which the charges are brought. g. The letter must advise the employee of his/her right to representation if he/she elects to do so. h. The letter should advise the employee that discipline may be imposed whether or not he/she responds to the charges. Copies of the Skelly letter should be sent to: (1) The City Manager (2) The Human Resources Manager (3) The employee's supervisor/department head. (4) The employee's union representative, if any. Skell¥ Meeting The Skell¥ meeting should be conducted as follows: The authority who may impose the discipline should chair the meeting. The person chairing the meeting should not have been involved in the initial decision to discipline. b. The meeting chairPerson should establish that the employee has received the Skell¥ notice and understands the charges set forth therein. c. The chairperson should make available any documents which were considered in determining the proposed charges and disciplinary action. d. The employee or his/her representative should be given the opportunity to respond to the proposed charges. e. The employee or his/her representative should be given the opportunity to make f'mal comments regarding the proposed action. 27 15.8 15.9 The chairperson should close the meeting by indicating that he/she will consider all statements and/or documents which may have been presented prior to determining the final action. _ The person conducting the meeting will subsequently determine whether the charges have been established and the severity of the disciplinary action. Action Letter The person conducting the meeting should promptly prepare a letter containing all of the following: Factual findings. This part of the letter may, for charges which have been established, repeat the charges as set out in the Skelly notice letter. If a charge has not been established, or if facts in mitigation of a charge's seriousness have been disclosed, the letter should so state. b. The specific provision(s) of Section 15.4 of these rules which were violated. c. The discipline imposed may not exceed the maximum stated in the Skelly letter. do A statement that the employee maY appeal the action consistent with the provisions of respective memoranda of understanding or other city rule, regulatiOn, or policy. FLSA Exempt Employees Subsection 541.118(a)(5) of the Fair Labor Standards Act (FLSA) provides that pay deductions for disciplinary reasons may only be imposed if such penalties are imposed in good faith for infraction of safety rules of major significance. This provision has been interpreted by the U.S. Department of Labor (DOL) because the salary test has a general rule that an employee need not be paid in any workweek during which no work is performed. The form of discipline to be imposed for a violation of Section 15. 4 of these rules will be determined based upon the circumstances of the particular case and will be implemented in a manner consistent with and authorized by state and federal law, including applicable provisions of the FLSA. Although suspensions of less than five working days are not permitted for other than safety rule infractions of major significance, consideration may be given to "equivalent discipline" including reductions in the number of accumulated vacation or holiday leave hours. 28 SECTION 16 APPEALS AND HEARINGS 16.1 Form of Appeal _ All appeals to the Appointing Authority shall be in writing and shall be signed by the employee. 16.2 Filing of Appeal The filing of an appeal to the Appointing Authority shall be accomplished by the submission of the signed written document to the Human Resources Manager who shall be responsible for the issuance of proper notifications. 16.3 Representation An employee submitting an appeal to the Appointing Authority may be represented by a person of his/her choosing or may elect to represent him/herself; provided, however, that when an employee is to be represented by another person the name of that person shall be made known to the Appointing Authority at least three days prior to the scheduled heating or meeting. Substitution of representation may only be as permitted by the Appointing Authority. 16.4 Who May Appeal Any employee subject to the merit and fitness provisions of Section 2.52.040 of the Municipal Code may file an appeal ~vith the Appointing Authority as the final step of the appeal procedure, for suspensions exceeding thirty (30) days in any twelve (12) month period, or after notice of dismissal. Appeals from dismissal may be filed only by employees currently holding regular status at the time of dismissal. 16.5 Hearings on Appeals If deemed necessary, hearings may be held on appeals by the Appointing Authority. The conduct of such hearings shall be as determined necessary by the Appointing Authority to best evaluate each appeal on its merits. SECTION 17 GRIEVANCE PROCEDURE 17.1 Definition A grievance is a good faith dispute or difference of opinion of an employee involving the meaning, interpretation, or application of the express provisions of a Memorandum of Understanding, City Policy, or existing work rules, affecting the employee, concerning a matter within the scope of representation. 17.2 Step 1 A employee (grievant) who has a grievance shall bring it to the attention of his/her immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. If the grievant and immediate supervisor are unable to resolve the matter within five (5) working days of the date it is raised, 29 17.3 17.4 17.5 17.6 the grievant has the right to submit a formal grievance to his/her next higher supervisor. Step 2 If the grievance is not settled at Step 1, the grievant may submit a written grievance to the next higher supervisor within five (5) working days after the supervisor's oral answer in Step 1. The written grievance shall contain the following information: a. The name, job classification, and department of the grievant. b. The name of the grievant's immediate supervisor. c. A statement of the nature of the grievance including date and place of occurrence. d. The specific provision, policy, or procedure alleged to have been violated. e. The remedy sought by the grievant. f. If the grievant is not self-represented, the name of the individual or recognized employee organization designated to represent the grievant. g. Signature of grievant and date. The supervisor or designee shall discuss the grievance within five (5) working days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer to the grievance shall be provided within five (5) working days of the meeting. Step 3 If the grievance is not settled at Step 2, the grievant may submit the grievance in writing to the grievant's department head, or, alternatively, if the department head responded at Step 2, to the City Manager within five (5) working days of the Step 2 written answer. The department head/City Manager shall discuss the grievance within five (5) working days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer shall be provided within five (5) working days of the meeting. Step 4 If the grievance is not settled at Step 3, the grievant may submit the grievance to advisory arbitration within 14 calendar days after receipt of the decision at Step 3. Advisory Arbitration The parties shall attempt to agree upon an advisory arbitrator within five (5) working days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said five (5) day period, the parties shall jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request 30 that a new panel be submitted. Both the grievant/designated representative and the city shall have the fight to strike two (2) names from the panel. The parties shall alternatively strike names_until one remains. The person remaining shall be the advisory arbitrator. bo The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of the grievant/designated representative and the city representative. Co The city or the grievant/designated representative have the fight to request the arbitrator to require the presence of witnesses or documents. The city and the grievant retain the fight to employ legal counsel. do The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties whichever is later. e. More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the city and the grievant, provided, however, that each party shall be responsible for compensating its own representatives and witnesses. 17.7 Limitations on Authorit3' of Advisory Arbitrator The advisory arbitrator shall have no fight to amend, modify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding, city policies, or work rules. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of the applicable document. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the second step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of the law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the city under law and applicable court decisions. The recommendation shall be advisory only to the Appointing Authority. The Appointing Authority will make the final decision. 31 PART II CITYWIDE POLICIES 32 q4-33 SECTION 1 EQUAL OPPORTUNITY IN EMPLOYMENT In accordance with and in support of equal employment opportunity as specified under Title VII of the Civil Rights Act of 1964, as amended, it is the policy of the City Council of the City of Cupertino to provide all applicants for employment and all employees with equal opportunity in employment without regard to race, religious creed, color, national origin, ancestry, mental, or physical disability, medical condition, marital status, sex, age, or sexual orientation. The City Council of the City of Cupertino hereby resolves as follows: That it is the responsibility of the City Manager to ensure that this equal employment opportunity policy is communicated to all present employees, prospective employees, recruitment sources, and the community. That every employee of the City of Cupertino is hereby directed to lend his and her support and cooperation in making equal employment opportunity an integral part of the city's program of personnel administration. SECTION 2 ALCOHOL AND DRUG ABUSE 2.1 Purpose 'The purpose of this policy is to comply with the Drug Free Work Place Act of 1988 as passed by Congress. HR5210 requires that all Federal grant recipients, including cities, established an anti-drug policy for the work place. HR5210 require the city to: a. Establish a drug free awareness program for employees. b. Provide a notice to all employees specifying that drugs are illegal in the work place and that action will be taken for violations. Co Make employment conditional upon compliance with this policy and require the employee to notify the employer within five working days of a conviction due to a drug related offense occurring in the workplace. do Notify the applicable granting federal agency within ten days of an employee's conviction due to a drag related offense occurring in the work place. e. Sanction employees for violation and/or require participation in a U'eatment program. 33 2.2 f. Make a good faith effort to maintain a drug free work place by following the above requirements. In addition to the fact that such requirements are established by law, a drug free policy is appropriate in that it helps ensure that employees are able to perform their duties safely and efficiently. While the City of Cupertino has no intention of intruding into the private lives of its employees, it does believe that involvement with drugs and alcohol can take its toll on job performance and employee safety. A key element of this policy is rehabilitation. Employees who believe they have a problem are urged to contact the Human Resources Division for referral to community resources and/or the Employee Assistance Program. The key focus of this policy is prevention through educating employees on the dangers of alcohol and drag abuse, and rehabilitation for those who have such problems. Any disciplinary actions will be evaluated on a case-by-case basis and shall be used as a last resort after rehabilitation efforts have failed. Policy It is the City of Cupertino's policy that employees shall not drink alcohol or use drugs in the course of city business, which, shall include lunch time if the employee plans to remm to work.* Nor shall they possess alcohol or drugs while on city property, or at work locations, or in uniform, nor shall employees sell or provide drugs or alcohol to any employee or to any person while such employee is on duty. Nor shall any employee have their ability to work impaired as a result of the use of alcohol or drugs when reporting for work. While use of medically prescribed drugs is not a violation of this policy, failure by the employee to notify his or her supervisor before beginning work when taking drugs which foreseeable interference with an effective performance of duties or operation of city equipment, can result in discipline up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medication, clearance from a qualified physician may be required. Refusal to submit immediately to an alcohol and/or drug analysis when requested by city management or law enforcement personnel, as a result of reasonable suspicion, may constitute insubordination and may be grounds for discipline up to and including termination. * There are certain city sponsored activities which will be specifically designated that may include the consumption of alcoholic beverages. Examples of such activities included, but are not limited to, wine tasting classes, employee Chrislmas parties, Commissioner's dinners, picnics in a city park held during non- work hours, etc. 34 2.3 2.4 Employees reasonably believed to be under the influence of alcohol or drags shall be prevented from engaging in further city work and shall be detained for a reasonable time until he or she can be safely transported from the work site. Higher standards may be promulgated based upon specific job requirements as determined by city management. Application This policy applies to all city employees. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. EmPloyee Responsibilities An employee must: a. Not report to work while his or her ability to perform job duties is impaired due to alcohol or drug use. bo Not directly, or through a third party, sell or provide drugs or alcohol to any person, including any employee while either employee or both employees are on duty. Submit immediately to an alcohol and/or drug test when reasonable suspicion of alcohol and/or drug use exists on the job and when requested by a responsible city representative. do Notify his or her supervisor before beginning work when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties including operation of city equipment. Provide within 24 hours of request bonafide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen is positive. f. Notify the City of Cupertino within five working days after being convicted of any drug related offense. go Notify the appropriate first-line supervisor upon observation of another city employee whose behavior and/or Physical characteristics are reasonably suspicious and possibly harmful to himself/herself and/or others. 35 2. 5 Management Responsibilities and Guidelines ao Managers and supervisors are responsible f_or understanding this policy nd applying it without bias or prejudice. Managers and supervisors must avail themselves of training on the employer's role in handling the special problems of employees who suffer from alcohol or drug dependency. Co Managers and supervisors may request that an employee submit to a fitness-for~duty examination when there is reasonable suspicion that an employee is impaired, and is unable to perform the job duties required in a safe and efficient manner. When doing so, the manager or supervisor is required to document, in writing, the facts and cimumstances leading to the reasonable suspicion that the employee was impaired and could not perform safely on the job. (Note: First-line supervisors should consult with their supervisors, department directors and Human Resources Manager, and a joint decision should be made as to whether or not the employee should undergo a fitness for duty medical examination.) do When there is a reasonable suspicion that the employee is impaired, the manager or supervisor must attempt to detain the employee until the employee can be safely transported from the work place. If the employee refuses to submit to the fitness-for-duty examination, or attempts to leave before safe transport can be found, the manager or supervisor shall remind the employee of the requirements and disciplinary consequences of this policy. eo Managers and supervisors shall notify their department directors or designee, when there is reasonable suspicion that an employee may have illegal drugs in his or her possession. If the department director or designee concurs that there is reasonable suspicion of illegal drug possession, the department director shall notify the appropriate law enforcement agency. Directors and supervisors must use the reasonable suspicion standards in determining whether a fitness-for-duty examination is warranted. Examples of what could lead to a reasonable suspicion of impairment are: 1) slurred speech; 2) alcohol odor on breath; 3) unsteady walking and movement; 4) size of pupils and their reaction to light; 5) an accident involving city property; 6) verbal altercation; 7) unusual behavior; 8) possession of alcohol or drags; and 9) information obtained from a reliable person with personal knowledge. The above is not an exclusive list. 36 2.6 2.7 2.8 Physical Examination and Drug Screening Procedures The drug and/or alcohol screening may test for any substance which could impair an employee's ability to effectively and safely perfo_rm the functions of his/her assigned job duties, including but not limited to prescription medications, heroin, cocaine, barbiturates, amphetamines, marijuana, and alcohol. The examination will be conducted by a licensed physician in a local medical facility. The drug testing will be conducted by a licensed toxicologist in a laboratory identified as having met all legal requirements for performing such tests. The initial type of screening to be performed can be either a blood or urine analysis at the employees option. Positive results must be confirmed in accordance with federal regulations including prescribed test levels. Fit-For-Duty Examinations a. A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including discharge. If the drug screen is positive, the employee may provide, within 24-hours of request, bonafide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If an alcohol or drug test is positive, the supervisor or department director and the Human Resources Manager shall review the employee's record to make a determination as to the possibility of rehabilitation for the purpose of returning the employee to his or her assignment; or, after following rehabilitation, whether to reassign the employee or precede with disciplinary action, up to an including discharge. A positive test for an illegal drug will be considered impairing to the employee's ability to perform his or her job, and .therefore the corrective provisions of this policy will apply Confidentiality Laboratory reports or test results shall not appear in the employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder and securely kept under the control of the Human Resources Manager. Reports of test results may be disclosed to the Human Resources Manager strictly on a need-to-know basis, and to the tested employee upon request. Disclosures without the employee's consent may also occur when: a. The information is compelled by law or by judicial or administrative process. b. The information is to be used in administering an employee benefit plan. 37 c. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 2.9 Appeal Process Fit-For-Duty Examinations: Employees whose tests results are positive, and who are consequently facing disciplinary action may appeal pursuant to the provisions of the Memoranda of Understanding and/or Personnel Rules. 2.10 Summary The city will conduct drag and alcohol awareness programs, presented by the Human Resources Division. These programs will include prevention and detection methods, with emphasis on maintaining a drag free work place. Additionally, printed material will be given to all employees explaining the dangers of alcohol and drag abuse. All employees will be given a copy of this policy. SECTION 3 SEXUAL HARASSMENT 3.1 Policy Statement The City of Cupertino opposes all forms of sexual harassment on the job and in the work site, including acts of employees and non-employees. The city is committed to providing a work environment in which employees are treated with respect and dignity and which is free from discrimination. Sexual harassment, or harassment for any reason by another employee or supervisor, will not be tolerated and is subject to disciplinary action up to and including discharge. All employees share in the responsibility of ensuring a working environment free of sexual harassment. 3.2. Definition Sexual harassment shall be defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when such conduct is made explicitly or implicitly a term or condition of employment, is used as a basis for employment decisions, or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 3.3 Examples a. Written: suggestive or obscene letters; notes; invitations. b. Verbal: derogatory comments; slurs; jokes 38 3.4 c. Physical: assault; touching; impeding or blocking movements; or any physical interference with normal work. Visual: leering; sexually-oriented gestures; or display of sexually suggestive or derogatory objects, pictures, cartoons, or posters. e. Others: threat or insinuation that lack of sexual favors will result in reprisal; withholding support. Complaint Procedure Employees who are the victim of, or witness to, any form of discrimination or sexual harassment must report the incident to their supervisor, department head, or the Human Resources Manager. Supervisory personnel have a duty to report violations that come to their attention and to take appropriate action. Confidentiality is stressed because of the sensitive nature of the complaint. The basis of the complaint is that the behavior, practice or action is discriminatory or offensive and constitutes prohibited discrimination or harassment. Examination of the nature and circumstances of each complaint will determine whether the alleged acts or practices constitute discrimination or sexual harassment. b. Complaints must be submitted in writing. c. Complaints may include a suggested method of resolution and corrective action. d. The employee has the choice of submitting the complaint to his/her supervisor, department head, or the Human Resources Manager. eo Upon receipt of the complaint, the Human Resources Manager or a neutral third party will promptly investigate the charges including contacting the person who allegedly engaged in the sexual harassment, informing him or her of the basis of the complaint and providing an opportunity to respond. Upon completion of the investigation, the Human Resources Manager, in consultation with the department head, will determine what, if any, disciplinary action will be recommended to the City Manager. If sexual harassment or other inappropriate behavior is found, appropriate action will be taken to end the harassment or inappropriate behavior. Both parties will be notified of the action to be taken. If it is determined that sexual harassment occurred, or it is found that inappropriate actions or comments occurred that could offend a reasonable person, appropriate disciplinary action up to and including dismissal will 39 be taken. Disciplinary action taken under this procedure may be appealed consistent with provisions within Memoranda of Understanding or the Personnel Rules. 3.5 Responsibilities a. The City Manager is responsible for enforcement of the city policy against any type of harassment. bo The Human Resources Manager is responsible for ensuring that all complaints of harassment are investigated in a confidential, thorough, and prompt manner, including presentation of recommendations for any necessary action to the City Manager. Co Every department head is responsible for informing all employees, including supervisors, of the city policy against harassment and for taking the steps necessary to set a positive example in the prevention of harassment. Every supervisor of every city employee is responsible for taking immediate and appropriate corrective action upon the observation of any incident of harassment or upon receipt of an oral or written report of any occurrence of harassment. eo Every city employee is responsible for reporting any act of harassment tothe immediate supervisor, department head, or Human Resources Manager. 3.6. Penalties a. Violation of this policy shall generally constitute just and reasonable cause for discipline, up to and including termination. b. In addition, an individual may be found to be personally liable when they engage in or take no action to prevent sexual harassment. 3. 7 No Retaliation No one, acting in good faith, who initiates a complaint or reports an incident under this policy will be subject to retaliation. SECTION 4 AMERICANS WITH DISABILITIES ACT 4.1 Purpose The purpose of this policy is: 4O 4.2 4.3 a. to prohibit and eliminate any discrimination in employment against a qualified individual with a disability; _ b. to define what constitutes "disability"; c. to define who is a "qualified individual with a disability"; d. to define discrimination on the basis of disability; and e. to establish a procedure for investigating and resolving internal disability discrimination complaints. Policy Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co-worker is not condoned and will not be tolerated. This policy applies to the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior described in the definition of discrimination on the basis of disability set forth below. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited. Definitions ao Disability: (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) being regarded as having such an impairment. Physical or Mental Impairments Physical or mental impairments include, but are not limited to: vision, speech and hearing impairments; emotional disturbances and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer, asthma: Hepatitis B; HIV infection; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality and bisexuality; compulsive gambling, kleptomania; pyromania; pedophilia; exhibitionism; and 41 voyeurism; pregnancy; height, weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. Substantial Limitation of Major Life Activities An individual is disabled if he or she has a physical or mental impairment that (a) renders him or her unable to perform a major life activity, or that (b) substantially limits the condition, manner or duration under which he or she can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. In determining whether physical or mental impairment substantially limits the condition, manner or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: (1) the nature and severity of the impairment; (2) the duration or expected duration of the impairment; and (3) the permanent or long-term impact (or expected impact) of or resulting from the impairment. In determining whether a physical or mental impairment substantially limits an individual with respect to the major life activity of "working" the following factors should be considered: (1) the geographical area to which the individual has reasonable access; (2) the job from which the individual has been disqualified because of an impairment and the number and types of jobs within that geographical area utilizing similar training, knowledge, skills or abilities from which the individual is also disqualified because of the impairment; and/or (3) the number and types of other jobs within that geographical area not utilizing similar training, knowledge, skills or abilities (to the job from which disqualified) from which the individual is also disqualified because of the impairment (broad range of jobs in various classes). do Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such an impairment. 42 eo Regarded as Having a Disability An individual is disabled if he or she is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists. Qualified Individual with a Disability A "qualified individual with a disability" is a person who (1) satisfies the job related requirements for the position, and (2) can perform the "essential functions" of the position despite their disability, or who (3) with "reasonable accommodation" can perform the essential functions of the position. (1) Satisfied Job-Related Requirements Satisfying the job-related requirements of the position means that the disabled individual possesses the appropriate educational background, employment experience, skills, and license required for the position. (2) Essential Factors Essential functions are the fundamental duties of a position. Marginal or peripheral functions of a position are not essential functions. A function may be essential because: (a) the reason the position exists is to perform that function; (b) of the limited number of employees available among whom the performance of that job function can be distributed; and (c) it is highly specialized and requires specific expertise or skill to perform. The following factors shall be considered in determining whether a function is essential; the agency's judgment as to which functions are essential; written job descriptions; the amount of time spent on the job performing the function; the consequences of not requiring the performance of the function; the terms of a collective bargaining agreement or MOU; and the work experience of past and present incumbents in the position. (3) Accommodation If the individual cannot perform the essential functions despite their disability, is to determine whether reasonable accommodation would enable the individual to perform the essential functions of the position. Accommodation is any change in the work environment or in the way things are customarily done that enables a disabled individual to enjoy equal employment opportunities. Accommodation means modifications or adjustments: 43 (a) to a job application process to enable an individual with a disability to be considered for the position; to the work environment in which a position is performed so that a disabled person can perform the essential functions of the position; and (c) that enable disabled individuals to enjoy equal benefits and privileges of employment as other similarly situated employees without disabilities enjoy. Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to: (a) all employment decisions and to the job application process; (b) all services and programs provided in connection with employment; non-work facilities provided by the agency to all employees; and known disabilities only. Accommodation is not required if: (a) it eliminates essential functions of a position from the disabled individual's job; or adjustments or modifications requested are primarily for the benefit of the disabled individual. (4) Undue Hardship Agency will not provide an accommodation that imposes an "undue hardship" on the operation of the agency's business. Undue hardship means significant difficulty or expense incurred in the provision of accommodation. Undue hardship includes but is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the business. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create an undue hardship: the nature and cost of the accommodation; the financial resources of the agency; the number of employees' and the type of operations of the agency, including the composition and functions of its work force. 44 (5) Determining the Appropriate Accommodation If a qualified individual with a disability requests the provision of a reasonable accommodation, the agency shall engage in an informal, interactive process with the disabled person which identifies the precise limitations resulting from the disability and the potential accommodations that could overcome those limitations. The accommodation process shall generally involve five steps. First, the agency shall analyze the particular job at issue and determine its purpose and essential functions. Second, the agency shall consult with the disabled individual to ascertain the precise job-related limitations imposed by the individual's disability. Third, the agency shall consult with the disabled individual to identify potential accommodations. Fourth, the agency shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. Finally, the agency shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the agency. g. Discrimination on the Basis of Disability Discrimination on the basis of disability means: (1) to limit, segregate, or classify a job applicant or employee in a way that may adversely affect opportunities or status because of the applicant's or employee's disability; (2) to participate in a contract which could subject an applicant or employee with a disability to discrimination; (3) to use any standards, criteria or method of administration which could have the effect of discriminating on the basis of disability; (4) to deny equal jobs or benefits because of a disability; (5) to fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship; (6) to use a selection criteria which excludes a disabled person unless the criteria is job-related and consistent with business necessity; and 45 4.4 (7) to fail to use employment tests in a manner that ensures that the test results accurately reflect the applicant's or employee's skills or aptitude for a particular job. _ Complaint Procedure ao A job applicant or employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to: (a) complainant's immediate supervisor; (b) complainant's department head; or (c) the Human Resources Manager, who has been designated to coordinate agency's efforts to comply with federal and state laws concerning employment discrimination on the basis of disability. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time period, complaints received after this time period may be accepted. b. The complaint shall include: · a description of the offending behavior(s) or violations; · date(s), time(s) and location(s) of incident(s); · name(s) of alleged offender(s); · name(s) of witnesses, if any; and remedy desired. c. The complainant's immediate supervisor or department head shall refer all complaints received to the Human Resources Manager. Upon receipt of a complaint, the Human Resources Manager shall investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination, and (c) any other person believed to have relevant knowledge concerning the complaint. Upon completion of the investigation, the Human Resources Manager shall review the information gathered through the investigation to determine whether the alleged conduct constitutes discrimination, giving consideration to all factual information, the totality of the circumstances, including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. The Human Resources Manager shall then prepare a written report setting forth the result of the investigation and the determination as to whether discrimination occurred. The results of the investigation shall be conveyed to appropriate persons including to the complainant, 46 theperson(s) allegedly engaged in discrimination, the supervisor, and the department head. If it is determined that discrimination occurred, swift and appropriate disciplinary action will be commensurate with the severity and/or frequency of the offense. h. Reasonable steps shall be taken to protect the victim and other potential victims from further discrimination. i. Reasonable steps shall be taken to protect the victim from retaliation as a result of communicating the complaint. SECTION 5 FAMILY LEAVE Effective August 5, 1993 the Family Leave Act became effective and pertains to all local governments and other employers with more than 50 employees. Family and Medical Leave (FMLA leave) provides employees with the right to take family care and medical leave for up to 12 work weeks during any 12 month period if he/she: 1) has been employed for at least 12 months; and 2) has worked at least 1250 hours during the last 12 months. The city requires an employee to use accrued sick leave which becomes part of the leave entitlement. FMLA leave can be taken because off 1) The birth of a child of an employee. 2) The placement of a child with an employee in connection with the adoption of a child by an employee. 3) The serious illness of a child of an employee or to care for a parent or a spouse who has a serious health condition; or 4) a serious health condition that makes the employee unable to perform the functions of their position. During any FMLA leave the city must maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. Other benefits can be maintained at the employee's cost. If an employee fails to return from leave, the employer has a right to reimbursement for the group health costs during the time of the leave. There are two exceptions to the preceding: 1) The employee is too ill to return; or, 2) The employer believes grievous economic injury will result if that employee is reinstated. An employee should provide as much advance notice as possible of the date of the Family Medical Leave being requested and an estimated duration. The employer shall respond to the leave request as soon as possible. When granting FMLA leave, the employer shall provide the employee with the following notice: 1) that the leave will be counted as FMLA leave; 2) any requirements for the employee to 47 provide medical certification; 3) the employee's need to use paid leave where applicable; 4) any requirement of the employee to make payment to maintain benefits and the arrangements for making such payments; 5) any requirements that the employee provide a fitness-for-duty certificate to be restored to employment; 6) the employee's status as "key''* employee and the potential consequences that restoration may be denied; 7) the employee's fight to restoration to the same or an equivalent position upon return from leave; and 8) the employee's potential liability for payment of health insurance premiums paid by the employer during the employee's unpaid leave if the employee fails to remm to work after taking leave. SECTION 6 REIMBURSEMENT OF EXPENSES 6.1 Personal Vehicles Employees who are required to use their personal vehicles for city business shall be reimbursed for such use at an appropriate rate to be determined by a schedule adopted by the City Council. Submission of a request for reimbursement must be approved by the department head. Exceptions to the foregoing paragraph are: City Manager, department heads, Recreation Supervisors, Traffic Engineer, Building Official and the Public Information Officer. The pay rate of each includes an allowance for the use of their personal vehicles. However, should any of the identified persons travel in excess of two hundred miles round trip they would be eligible for reimbursement at the established rate. 6.2 Reimbursements Employees who are required to advance personal funds for conferences, meetings, or the purchase of minor materials and supplies or for other approved services during the performance of or arising out of the duties assigned to the employees work shall be reimbursed for funds so expended. The Appointing Authority may prescribe such administrative rules and regulations governing the allowable kinds and amounts of such reimbursable expenditures and the methods and procedures usable to substantiate and process submitted claims. SECTION 7 SPECIAL CONDITIONS 7.1 Training Programs It shall be the policy of the city to encourage employee participation in training programs which will be of benefit to the employee and the city in the better performance of his/her work and as a means of providing assistance to the employee qualifying for promotional opportunities. The Appointing Authority : "key" employee is an employee who is among the highest paid ten percent of all the City of Cupertino employees. 48 may prescribe suitable regulations and guidelines under which such programs may be administered. 7.2 Suggestion System Suggestions of employees relating to the improvement of work related matters shall be encouraged. The means of receiving, processing and implementing such suggestions as well as the method of giving appropriate recognition thereto shall be as prescribed by the Appointing Authority. 7.3 Hospitalization, Medical, Dental and Life Insurance Programs It shall be the policy of the city to provide suitable group hospitalization, medical, dental, life insurance programs and income protection under which employees and their dependents may be covered. The needs of the employees shall be given due consideration. 7.4 Memorandum of Understanding Rules relating to those matters of mutual interest and concern between city management and city employees which are subject to meeting and conferring in good faith shall be as mutually agreed to between the parties and as approved by the City Council in Memoranda of Understanding. In the absence of such memoranda the rules contained herein shall apply wherever applicable. In the absence of any specific rule on any given matter the City Manager in that capacity or as Appointing Authority shall establish suitable policies by administrative regulations and orders which shall be considered as supplemental hereto unless or until amended or superseded. SECTION 8 WORKPLACE VIOLENCE 8.1 Policy The City of Cupertino is firmly committed to providing a workplace that is free from violence and the threat of violence. In keeping with this commitment, the city has established a strict policy that prohibits any employee from threatening or committing any act of violence in the workplace. Employees are also prohibited from having in their possession weapons including firearms and knives, other than pocket knives or knives commonly used as tools, in the workplace. 8.2 Definition Workplace Violence includes but is not ;limited to harassment, threats, physical attack, or property damage. Threat is the expression of an intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating 49 8.3 8.4 8.5 the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional, or future. Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects. Property Damage is intentional damage to property that includes property belonging to the City of Cupertino, employees, visitors, or other persons. Zero Tolerance Violence, or the threat of violence, against or by any employee or any other person is not acceptable. Should a non-employee, on City of Cupertino property, demonstrate or threaten violent behavior, he/she may be subject to criminal prosecution. (2) Should an employee, during working hours, demonstrate or threaten violent behavior, he/she may be subject to disciplinary action up to and including discharge. Violent Acts The following actions are considered violent acts: (1) Striking, punching, slapping or assaulting another person. (2) Fighting or challenging another person to fight. (3) Grabbing, pinching or touching another person in an unwanted way whether sexually or otherwise. (4) Engaging in dangerous, threatening or unwanted horseplay. (5) Possession, use, or threat of use, of a gun, knife, or other weapon of any kind in the workplace, including parking lots, work sites, city vehicles, or while engaged iun activities for the City of Cupertino in other locations. (6) Threatening harm or harming another person, or any other action or conduct that implies the threat of bodily harm. Reporting Violent Acts Any employee who is the victim of any violent, threatening, or harassing conduct in the workplace, any witness to such conduct, or anyone receiving a report of 50 8.6 8.7 8.8 8.9 such conduct, whether the perpetrator is a city employee or a non-employee, shall immediately report the incident to their immediate supervisor or other appropriate person in the chain of command. A written report_shall immediately be prepared and delivered to the Human Resources Manager. Failure to report a workplace violence situation or file a written report shall be cause for disciplinary action up to and including discharge. Workplace Violence Written Report The written report shall be objective and include facts including time, observations, statements made by the parties involved in the workplace violence encounter, names of witnesses to the incident, and other relevant information that may be beneficial to the investigation. No Retaliation No one, acting in good faith, who initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment. Investigation Upon notification of a workplace violence report, the Human Resources Manager shall immediately conduct an investigation. A written report including findings and recommendations shall be submitted to the City Manager. Due Process Any employee, if found to be a perpetrator, will be provided due process prior to any disciplinary action pursuant to the provisions of a memoranda of understanding or the Administrative Rules and Regulations of the Personnel Code. 51 CITY OF City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 AGENDA ITEM PUBLIC WORKS DEPARTMENT Summary AGENDA DATE June 17~ 2002 SUBJECT AND ISSUE Approve Contract Change Order (CCO) No. 2, Safe Routes to School Project, in the amount of $3,700 for a total contract amount of $355,200. BACKGROUND On July 16, 2001 the Council authorized the director of Public Works to award a contract for the Safe Routes to School Project. The bid awarded was to Republic Electric in the amount of $299,500. The project consists of a variety of improvements in traffic signage, pavement markings, and barrier removals in accordance with the Americans with Disabilities Act (ADA) as well as drop off improvements at the school sites. On December 17, 2001 the Council approved CCO No. 1 in the amount of $52,000 for several items of extra work for a total contract amount of $351,500. CCO No. 2 provides for construction of an Americans with Disabilities Act (ADA) accessible ramp on the east side of Bubb Road at Hyannisport Drive. The ADA accessible ramp was originally included in the project, but was removed prior to bidding when the consultant determined that the installation per plan, would necessitate the relocation of a large utility vault. It was later determined, by city staff, that the relocation of the handicap ramp, 15 feet north and the relocation of a guy wire and bus stop could facilitate the installation of the needed ADA accessible ramp. The cost of the CCO for the remobilization and the installation of this ramp has been negotiated with the contractor in the amount $3,700.00 which staffbelieves to be a reasonable price for the work involved. FISCAL IMPACT Funding for this proposed CCO is available in the adopted project budget (Acct. 420-9541)so there is no additional fiscal impact. STAFF RECOMMENDATION Adopt Resolution No. ~.~'~13to authorize the additional expenditure of $3,700 from account 420- 9541, Safe Routes to School and approval of Change Order No. 2 for the Safe Routes to School Project in the amount of $3,700.00 for a total contract amount of 355,199.11. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager Printed on RecFcled Paper CITY OF CUPEI TINO City HaH 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 SAFE ROUTES TO SCHOOLS PROJECT NUMBER 9541 CONTRACT CHANGE ORDER NO. 2 Contractor Republic Electric 7120 Redwood Boulevard Novato, CA 949445-4114 The following changes are hereby approved: 2A. 2B. Install Handicap Ramp at Bubb Road at Hyannisport Drive Additional Mobilization Total Change Order No. 2 Total Project: Original Contract Change Order No. 1 Change Order No. 2 Revised Contract $299,500.00 51,999.11 3,700.00 $ 355,199.00 CONTRACTOR CITY OF CUPERTINO $ 2,000.00 !,700.00 $ 3,700.00 Title Date Ralph A. Quails, Jr. Director of Public Works City Council: June 17, 2002 Resolution No. 02- Printed on Recycled Paper DRAFT RESOLUTION NO. 02-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE ORDER NO. 2 FOR SAFE ROUTES TO SCHOOLS, PROJECT NUMBER 9541 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as SAFE ROUTES TO SCHOOLS PROJECT NUMBER 9541 BE IT FURTHER RESOLVED that funds are available and no further appropriation is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002, by the following vote: Vote Members of the Ci_ty Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEI TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE June 17, 2002 SUBJECT AND ISSUE Set a public hearing for July 15, 2002 to change a street name from Maryknoll Court to Peralta Court. BACKGROUND In October 2000, The O'Brien Group changed the name of Maryknoll Court to Peralta Court at the request of Mary Knoll Seminary. New signs were erected, but the developer was inadvertently unaware that City Council approval was required for the street name change. The record map currently lists the street name as Maryknoll Court, which has caused some confusion and inconvenience for the residents on this street. Approval of the street name change by City Council will formalize the process and allow correction of the record map. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 02- I[ u(, setting a public hearing for July 15, 2002, to change the name of Maryknoll Court to Peralta Court. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David Knapp City Manager Pnnted on Recycled Paper RESOLUTION NO. 02-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO CHANGE STREET NAME WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 5026 OF THE STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR HEARING AND PROVIDING NOTICE THEREOF; CHANGE MARYKNOLL COURT TO PERALTA COURT DRAFT WHEREAS, a request has been made by The O'Brien GrouP to change the name of Maryknoll Court to Peralta Court. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby declares its intention to change the street name of this roadway from Maryknoll Court to Peralta Court. BE IT FURTHER RESOLVED: 1. That the 15th day of July, 2002, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the proposed name change; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, for at least two (2) successive weeks prior to the hearing and shall cause certified copies to be posted along the street affected at least ten (10) days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777°3333 PUBLIC WORKS DEPARTMENT SUlVIMARY AGENDA ITEM AGENDA DATE June 17, 2002 SUBJECT AND ISSUE Approve the Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program. BACKGROUND The Council, in June 2001, approved the first amendment to the agreement with Santa Clara County for the Countywide Household Hazardous Waste Collection Program. The City has continuously provided household hazardous waste collection services to its residents through agreements with the countywide program since 1991. This program allows residents to safely dispose of such unwanted household products as paints, solvents, pesticides, cleaning chemicals, automotive fluids and batteries in a legal, convenient, and economical manner. Small businesses can also participate for a small fee. The second amendment as proposed, provides only one minor change to the 2001 agreement regarding the pricing for collecting used motor oil for small businesses. Currently the agreement requires a payment by small businesses of $3 per gallon to collect used motor oil. The proposed agreement eliminates that charge such that acceptance of used motor oil will be at no cost to the businesses. Residents may currently dispose of motor oil at no cost and no change in that policy is proposed. The City is committing $24,000 from the Resource Recovery budget for FY 2002- 2003 in addition to approximately $60,000 collected by the County on the City's behalf from solid waste tipping fees, for a total program budget of $85,000. More than 900 Cupertino households will have the opportunity to participate in the 2002-2003 program. FISCAL IMPACT There is no fiscal impact to this action. The funding has already been approved with the FY 2002-03 operating budget. Printed on Recycled Paper STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2002- I] 5" , approving the Second Amendment to Agency Agreement for Countywide Household-Hazardous Waste Collection Program. Submitted by: Approved for Submission: Ralph A. Quails, Jr. Director of Public Works David W. Knapp City Manager RESOLUTION NO. 02-115 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, there has been presented to the City Council the "Second Amendment To The Agency Agreement For Countywide Household Hazardous Waste Collection Program", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Second Amendment will provide for continued city participation in the household hazardous waste collection program for fiscal years 2002-03; and WHEREAS, the provisions of the Agency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Second Amendment To The Agency Agreement For Countywide Household Hazardous Waste Collection Program" and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ?-3. CITY OF CUPERTINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT SUMMARY AGENDA ITEM AGENDA DATE June 17, 2002 SUBJECT AND ISSUE Accept the Completed City Project for the Annual Maintenance Contract with Tally Enterprises for Sidewalk, Curb and Gutter Reconstruction. BACKGROUND On June 18, 2001, the Council approved a one-year extension to the term of the maintenance agreement with Tally Enterprises as provided in the contract for the Reconstruction of Curbs, Gutters and Sidewalk to June 30, 2002. The approved amount of the work to be completed at agreed upon unit prices was $600,000. The Council also approved a contingent mount within the project budget of up to $125,000 for additional work that and authorized the Director of Public Works to approve additional work up to that amount through Contract Change Orders. The total amount of the work performed under this contract included one change order approved by the Director of Public Works in the amount of $31,599 for a total contract amount of $631,599. All the work provided by this contract on the project has now been completed, inspected and approved by the City. Therefore acceptance of the project is recommended by staff. FISCAL IMPACT There is no fiscal impact. STAFF RECOMMENDATION Accept of the Completed City Project for the annual maintenance contract with Tally Enterprises for sidewalk, curb and gutter reconstruction. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager Pnnted on Recycled Paper CITY OF CUPE INO City of Cupertino lO3OO Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. Agenda Date: June 17~ 2002 Subject.' CONSENT CALENDAR Adopt resolution accepting $20,000 payment from Mission West Properties as payment in full for housing mitigation fees for a building located at 10466 Bubb Road, Resolution No. 02- lib. Recommendation: Adopt the attached resolution accepting payment $20,000 payment from Mission West Properties as payment in full for housing mitigation fees for the building located at 10466 Bubb Road. Background: During the 1993 General Plan amendment, the city approved a General Plan · policy to charge a fee in-lieu of the development of affordable traits in the city. The fee is approximately $2.00 a square foot for all new office, and research and development space. In January 2001, Community Development Department staff discovered that housing mitigation fees of $170,748 were not collected for six building permits issued during the period of January 1996 through August 1999. Discussion: In January 2001, City staff contacted the building permit applicants to notify them of the delinquent fees. The staff was able to collect $53,543 from four of the six applicants and the City Council agreed to accept $50,000 from Honeywell in-lieu of the $87,000 owed for a total collection of $103,543. There remains an outstanding payment of $29,904 for Mission West Properties, Inc. Mission West Properties, Inc. offered to pay the city $20,000 in-lieu of the $29,904 owed (see attached letter). On May 28, 2002, the City Council met in closed session and authorized staff to proceed with accepting the $20,000 offer. Mission West Properties has remitted a check in the amount of $20,000 to the city. Staff recommends that the City Council Adopt resolution accepting $20,000 payment from Mission West Properties as payment in full for housing mitigation fees for a building located at 10466 Bubb Road. June 17, 2002 Page 2 adopt the attached resolution accepting the $20,600 payment for the housing mitigation fees. PREPARED BY: Vera Gil, Senior Planner SteveiTbiasecki, Director of Community Development APPROVED FOR SUBMITTAL: David W. Knapp, City Manager Attachments: Resolution 02- Letter from Mission West Properties, Inc. dated May 15, 2002 H:\-COUNCIL REPORTS~Iission West Properties settlement.doc RESOLUTION NO. 02-1 16 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING $20,000 PAYMENT FROM MISSION WEST PROPERTIES AS PAYMENT IN FULL FOR HOUSING MITIGATION FEES FOR A BUILDING LOCATED AT 10466 BUBB ROAD WHEREAS, the Cupertino General Plan requires payment of Housing Mitigation fees for any new office or research and development (R & D) square footage; and WHEREAS, the Planning Commission approved an application from Berg and Berg (Mission West Properties) on June 14, 1997 for a 14,952 square foot office addition at 10466 Bubb Road; and WHEREAS, Mission West Properties owes the city of Cupertino $29,904 in Housing Mitigation fees for the construction of the building at 10466 Bubb Road; and WHEREAS, said fees were not collected prior to the issuance of building permits; and WHEREAS, Mission Properties has offered a $20,000 to settle the dispute over the payment of fees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby accepts the aforementioned payment on behalf of the City of Cupertino as full payment for the Housing Mitigation fees owed for planning application 6-ASA-97. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June, 2002 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:\City ClerkLResolutions~2002 Resolutions\02-116 Mission West Properties.doc WES1' INC. Silicon Valley's Developer'" We build the buildings for the high tech companies that build the internet. TM May 15, 2002 Steve Has. Id City of Cul~el'tino I0300 T~r~.' Avenue Cupertino, CA 95014 FAX 408-777-3333 Housing Mitigation Dispute at 10460 Bubb Road Mr. Piasecki: Mission West Properties, Inc. agrees to pay the City of Cupertino Twenty Thousand Dollars ($20,000) to settle the dispute over housing mitigation .at 104{50 Bu.bb Road. We will pay the Twenty Thousand Dollars ($20,000) five days after acceptance of this offer. Sincerely , 10050 Bandley Drive, Cupertino · CA 95014. (408) 725.700 · FAX (408) 725-162e · E-mall: Info@mlsslonwesccom · Web$ite: www, mlssionwe.~_~.I. CITY OF CUPERTINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I C) AGENDA DATE June 17, 2002 SUBJECT AND ISSUE Adopt the FY 2002-03 Rates for the Assessment of Storm Drainage Fees for the Nonpoint Source Program BACKGROUND Since 1991, the Nonpoint Source Program, mandated by the State of California and the US Environmental Protection Agency regulations, has been funded locally by attaching a storm fee to each property in the City. The fee is collected by the Santa Clara County Tax Collector and provided to the City. These funds support the City's mandated programs to prevent and enforce illegal dumping and illicit storm drain connections. The operation and maintenance of storm drain facilities (to the extent not covered by existing General Fund activities), water quality monitoring, public information and education, and regulatory revisions and related tasks are also supported by these funds. To maintain the fund as a resource, it must be renewed by Council action every year to adopt the fee schedule for the ensuing fiscal year. Assessment Rate FY 2002-2003 The fees have remained the same since they were first levied in 1991. The annual fees for each property category are as follows: Category_ Rate per Year Single Family Town homes, Condominiums CommerCial/Industrial/Apartments Unimproved/Recreation $12.00/premise $144.00/acre $36.00/acre The fee schedule when levied on all properties in the City of Cupertino generates approximately $355,000 annually. The program has been budgeted at $365,000 and the $10,000 shortfall can be funded from the reserves. However, as noted above, because the fees have not changed over the years, the funding, while remaining constant, has diminished in value over time from the inflation of costs. As such, while the program maintains the mandated regulatory and educational programs, most storm drain maintenance and protection is funded either from the General Fund or fi'om connection fees. FISCAL IMPACT As noted above, the continuation of this assessment at the same amount will generate approximately $355,000 in the 2002-03 FY. STAFF RECOMMENDATION Adoption of Resolution No. 02 I1'~ approving the renewal and collection of the existing storm drain fees at no increase in rates for Fiscal Year 2002-2003. Submitted by: Ralph A. Quails, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager RESOLUTION NO. 02-117 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE SERVICE CHARGE WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code Chapter 3.36 for the purpose of meeting the City's federally mandated Nonpoint Source Control and Stormwater Management Program and establishing the authority for imposing and charging a storm drainage service charge; and WHEREAS, a report concerning the method of assessing an environmental fee to fund the City's nonpoint source program was prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City's Municipal Code and filed with the City Clerk on May 21, 2002. The report, entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program", was prepared by the Director of Public Works and is dated May 20, 2002; and WHEREAS, this study was available for public inspection and review ten (10) days prior to this public heating; and WHEREAS, the City Council of the City of Cupertino finds and determines as follows: 1. After considering the report entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program" and the testimony received at this public hearing, the City Council hereby approves the report and herein incorporates it in the resolution. 2. There is a need in the City for the continuation of a storm drainage service charge to cover the costs of the federally mandated program as heretofore described, in that properties within the city will not otherwise contribute their fair share towards this program and without the availability of such storm drainage service charge, the City's general fund will be depleted. 3. The facts and evidence presented establish that there is a reasonable relationship between the need for this fee and the impacts for which this fee shall be used, and that there is a reasonable relationship between the fee's use and the properties which are to be charged this fee. These relationships or nexuses are d~scribed in more detail in the above referenced report. 4. The amounts of the fee for each category of property, as set forth below, are reasonable amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study, which the City Council hereby approves and herein incorporates such study. 5. It is further determined that each and every parcel of land contained in said report will, and has received a benefit of the storm drainage system and tha_t the charges imposed herein on each such parcel are in conformity with the benefits that such parcel has received as further described in the report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that: 1. Charge. The storm drainage service charge shall continue to be charged to each parcel within the city to cover the costs of the City's Nonpoint Source Control and Stormwater Management Program. 2. Use of Revenue. The revenue derived from said charge shall be used solely in connection with implementing and enforcing Chapter 3.36 of the Cupertino Municipal Code entitled "Storm Drainage Service Charge." 3. Schedule of Charges. (a) Annual fees for each category of property will be assessed and collected as follows: Residential premises Apartment premises Commercial/Industrial premises Unimproved/Recreational $ 12.00/parcel $144.00/acre $144.00/acre $ 36.00/acre (b) The following public properties are exempt from, and shall not be assessed the environmental fee: Cupertino Sanitary District Santa Clara County Santa Clara Valley Water District Southern Pacific Transportation Company State of California The Santa Clara County Fire Department The City of Cupertino The Cupertino Union School District The Foothill-De Anza Community College District The Fremont Union High School District The Midpeninsula Regional Park District United States of America 2 4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption. _ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17' day of June, 2002, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A ENGINEER'S REPORT ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES NONPOINT SOURCE POLLUTION PROGRAM A. Program Description and Purpose The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint Source Pollution Program mandated by the Environmental Protection Agency (EPA). Regulations by the EPA and the State of California require cities to take specific actions to eliminate or control pollutants. The term "nonpoint source pollution" represents a process whereby pollutants, debris and chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other exposed surfaces are washed off by rainfall and carried away by stormwater runoff into the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil, pesticides, fertilizers, chemicals, eroded soil, detergents, paints and other discarded material carried through the storm drain system, without treatment, directly to the Bay. These pollutants are hazardous to aquatic and human life. The City of Cupertino has implemented several programs to mitigate this problem that include elimination of waste disposal into storm drains, monitoring pollutants, public education and public awareness, and operation and maintenance of storm drain facilities. B. Estimated Expenditures The total estimated budget to implement the required programs described above for fiscal year 2002-2003 is $365,000. The breakdown of costs is outlined as follows: Countywide Program Regional Monitoring Permit Fees Public Education & Public Awareness BMP Manuals Program Management $ 80,000 Operations and Maintenance Street Sweeping and Catch Basin Cleaning $ 146,000 City Public Education Awareness Public Outreach Printed Materials Creek Education 55,000 4 Local Programs Administration Fee Collection Illicit Connection and Illegal Dumping Industrial Inspection New Development and Construction 84,000 TOTAL $ 365,000 C. Revenue And Assessment Revenues generated to fund this program are based on a factor calculated from the City's Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on type of development. The factor for each category is based on a comparison to an average residential parcel assigned a factor of one. The following table represents the revenue stream for different categories of development. Deveopment Cate2orv Residential 1 Commercial/Industrial/ Apartments 12 Unimproved/Recreational 3 No. Parcels Annual Revenue Factor or Acre Cost/Unit Generated 14,500 Pcl $12.00 $174,000 1,029.10 Ac 919.65 Ac 144.00 148,190 36.00 33,107 TOTAL $ 355,297 Each parcel has been identified and a fee established in a separate report entitled PARCEL ASSESSMENT REPORT. 5/20/02 Ralph A. Quails, Jr. Director of Public Works CITY OF CUPEI INO 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. II, AGENDA DATE Tune 17, 2002 SUMMARY: Consider the appeal of the Planning Commission's approval of application U-2002-02, a use permit to allow a six-bedroom residence at 10567 Glenview Avenue to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right. Applicant:. Support Systems Homes 0effery Janof0 Property Owner: Son H. Lee Property Location: 10567 Glenview Avenue RECOMMENDATION: The City Council can take any of the following actions: 1. Deny the appeal and uphold the Planning Commission decision, thereby approving the use permit and allowing 16 persons to occupy the house, based on Planning Commission Resolution No. 6132, with Conditions #7 and #8 deleted as described in this report. 2. Uphold the appeal and overturn the Planning Commission decision with specific findings that show that the six additional persons will cause a direct threat to the health of others or substantial physical damage to property, thereby denying the use permit and reducing the occupancy of the house to 10 persons. BACKGROUND: The use permit is to allow six additional residents in the house, for a total of sixteen. Ten residents are allowed by right in the R-1 Zoning District. The Planning Commission heard this item on May 13, 2002. The Commission approved the use permit on a 3-1 vote, with Commissioner Saadati opposed. The Commissioners were concerned with the number of residents and the potential for impacts. Their action to approve was based on the City Council guideline enacted in Ordinance No. 1688 and the recommendation of the City Attorney. The Planning Commission staff report, attachments, resolution and minutes are enclosed. File No. U-2002-02, Support Systems Homes Iune 17, 2002 Page 2 DISCUSSION: Appeal: Mr. Yudong Sun, residing at 10580 Glenview Avenue, appealed the Planning Commission approval of this application. The appeal letter states that the approval violates a Restrictive Covenant affecting the subdivision and states that the application should not have been approved because the house is in a "very special location." Restrictive Covenants The Assistant City Attorney provided Planning staff with a memorandum addressing the appellant's statements (attached). The memorandum includes the applicable codes and court cases involved with this application. Special Location The appellant states that the house has a unique location with respect to the path students take to and from Eaton Elementary School west of Blaney Avenue, and that the use of the house with sixteen persons constitutes a direct threat to many elementary school children in the area. This rationale may be appropriate if the residents were convicted of child molestation or child abduction. However, the residents of the house have criminal records resulting in their addictions, not their actions toward children. There is no evidence provided that shows a connection between six additional residents in this house and the safety of the children walking to and from Eaton Elementary School. Neighborhood Meeting: Support Systems Homes held an open house and a neighborhood meeting on Friday, June 7, 2002. The applicant requested a copy of the public notice list (500' mailing list) to serve as their mailing for their open house and meeting. The open house was scheduled on Friday, June 7, 2002 at 5 p.m. with the purpose of making the house available to all neighbors to see the living environment. Staff did not attend the open house. The applicant stated that there were about twelve to sixteen neighbors who attended the open house. Later, at 7 p.m., a neighborhood meeting was held at the Cupertino Library Community Room. Staff attended the neighborhood meeting. A total of eighteen persons attended the meeting, of which eight were adult neighborhood residents. Neighborhood issues raised included: · Disapproval of the applicant not notifying them in advance; · Concern over the occupancy load with respect to bathroom facilities; · Concern over the parking arrangement at the site; File No. U-2002-02, Support Systems Homes {une 17, 2002 -Page 3 · Suggestion that the operation participate in voluntary community serving functions such as the Rotary; · Concern over a person passed out at Blaney-Avenue and Clifford Drive (person is a Cupertino resident not associated with the Glenview residence); · Concern that the operation violates a Restrictive Covenant in the subdivision. A condition of approval stated the applicant must meet with the neighborhood within 30 days of the final action. The final action would be the City Council hearing. Since a neighborhood meeting has already occurred, staff recommends that Condition #8 of Planning Commission Resolution No. 6132 be deleted. The applicant stated that they want to be a good neighbor, and will do what they can to address neighborhood concerns. Public: Seventeen members of the public spoke on this item at the Planning Commission on May 13, 2002. Sixteen persons spoke in opposition to the increase in occupancy. One person spoke in favor of the application. Additional members of the neighborhood attended the meeting but did not speak because other speakers had addressed their issues. Staff: To conform to Federal and State Fair Housing laws involving housing opportunities for disabled people, decision-makers must take action based on evidence and not beliefs. The appellant believes that six additional residents in this house will compromise the safety of children in the neighborhood. He has provided no evidence to support his belief. The appellant has the freedom to make the assumption that since these residents have a criminal record they are more or less likely to harm children than any other person. However, a denial action by a decision-making body based on this belief would be discriminatory. In order to deny the application, the City must find that the six additional persons will constitute a direct threat to others or result in substantial physical damage to the property of others. Operation Without Permits Support Systems Homes moved into the Glenview residence without permits in January of 2002. This has significantly affected the neighborhood perception of the operation, perhaps pe~cnanently. Staff believes this action was partially the result of miscommunication between the City and the District Attorney's Office. File No. U-2002-02, Support Systems Homes {une 17, 2002 Page 4 In a letter dated March 18, 2002, a Deputy District Attorney stated that their office requested copies of any ordinance or code that affect sober living environments. Staff is not aware-if the City received or responded to the letter. When staff contacted the District Attorney's Office in early 2002, they were not aware of the City's regulations related to congregate residences, which apply to this application. The District Attorney directs operations such as Support Systems Homes to get approvals from local municipalities where necessary. Not all City's in Santa Clara County have codes that affect these living environments. Since the District Attorney was not aware of the City's regulations, Support Systems Homes was not made aware the City's regulations, and moved into the Glenview residence without permits. Had the District Attorney been aware of the City's regulations, Support System Homes would not have received certification until after they received the necessary City approval. Bathrooms On May 7, 2002, the City's Senior Building Inspector inspected the residence for conformance with applicable Building and Housing Codes. The building conforms to the applicable codes, and staff is requesting that the City Council remove the Condition #7 from Resolution No. 6132. Parking condition Condition #3 limits the number of residents with cars to seven (two in the garage, three on the driveway and two on the street in front of the house). The condition also states that on-site parking shall be used cars are parked on-street. According to neighbors at the neighborhood meeting, the applicant is using the on-street parking before using all of the on-site parking. The intent of the condition was that all parking be on-site and that only when the on-site parking is used can cars be parked on the street. With cars coming and going from the residence, th/s will be a difficult condition to meet and to enforce. However, the Planning Commission considered parking to be one of the main neighborhood impacts from this application, and considered the condition appropriate. One-year review The Planning Commission will review this application in one year. The one-year review will be held approximately one-year from the final action date for this application, which is the City Council hearing. File No. U-2002-02, Support Systems Homes lune 17, 2002 Enclosures: Appeal Letter Neighborhood Petition ~ Memorandum from City Attorney's Office Planning Commission Staff Report dated 3/13/02 with attachments Planning Commission Resolution No. 6132 Planning Commission Minutes Prepared by: Peter Gilli, Associate Planner Submitted by: Steve P~a~ki -- - Director of Community Development Approved by: David Knapp City Manager Page 5 g;/planning/pdrrport/cc/U-2002-01 CC Appeal~ TO: FROM: SU BJ ECT: DATE: CUPERTINO CITY COUNCIL YUDONG SUN, 10580 GLENVIEW AVE, CUPERTINO APPEAL TO APPROVAL OF APPLICATION #369-26-029 (SUPPORT SYSTEMS HOMES) 5/24/2002 Dear Cupertino City Officials, Through thii letter, I'm appealing the Planning Commission's approval of application U-2002-02 APN 369-26-029: "Use permit to allow the six-bedroom residence at 10567 Glenview Ave to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right". J'm doing this on behalf of residents in this neighborhood. This appeal is based on the following two points: o By granting the use pemait, the Planning Commission has knowingly violated and/dr disregarded the Restrictive Covenants, Article gg, affecting this neighborhood, because the use of the house with 16 people has constituted a nuisance to. this ,aeighborhood; the activity conducted is also commercial with counseling, etc., rather than "sub-lea.sing". Please note that the Restrictive Covenants define the purpose of a neighborhood and ensure it meets the long term expectation of home owne.rs buying into this neighborhood. And Article ~9, like most other articles, is not in conflict'with City, State or Federal code; it's simply more restrictive than the local code, and this is what covenants are in genevA, in order to protect the interests of home owners investing in a place. Therefore, there's no ground for the City cbde to override the covenants in this regard. This is exactly the sanae principle: the City Code can be more restrictive than California Code, and California Code more restrictive than Federal Law. As an example, the more lenient federal law with reKard to vehicle emissio,as cannot override the-more stringent California code. Similarly, it's perfectly le~timate for the Restrictive Covenants to restrict the number of occupants, explicitly or implicitly. The house is at a very special location (cf. attached map). Children from Davison Ave, Ranapart Ave, E Estates Dr. and part of Glenview Ave walking to Eaton Elementary School, which is about 3 minutes walk, all converge on Glenview and pass in front of the house in question. The use of the house with 16 people, with people smoking at the front door, cars pulling in/out, passenger dn~p-off/pick.u~ traffic (note: this is not a big family that tends to move together; this is 16 independent adultsl), constitutes a direct threat to n~any grammar school children in this neighborhood. This means, even if the City could approv:fl such an application elsewhere, it doesn't mean it can approve it here, because of this special location. Attached: 1) Map of the neighborhood _2) Exmtct of Restrict Covenants from "Declaration of Restrictions Affecting Tract 2155". 3) Signed neib4~borhood petition Safety of Children Walkin9 to School vs. Residence in Question ~orUno p ' 'J 0 yds ~.OO 2OO 3OO r/ Extract of "Restrictive Covenants"from 'Dec/aration of Restrictions Affecting Tract 2155" 10. Mo ~tler, ~s~nt, ~nt, .~ck, ~, ~ or o~r ouZb~:'.~:n~' er~ed ~. ~7 ~t~ of ~ lot) ~ vblcb Lot I ~t ao~ t~ t~le to vbLch lot ~bi~q~t~ ~s 'bees t~fe~ ~t/eek pro~rty ~ne of e~h ~It4eut~l ~1~ plot ~eie t~ ~e do ~t ~e~ m TO: FROM: SU BJ ECT: DATE: CUPERTINO CFI'Y, PLANNING COMMISSION MAYOR. R. LOWENTHALM - VICE MAYOR., M. CHANG DIRECTOR OF COMMUNITY DEVELOPMENT, STEVE PIASECKI RESIDENTS OF GLENVIEW/DAVISON/RAL{PART/E. E.S~ATES NEIGHBORHOOD RE: PUBLIC HEARING ON APPLICATION #369-26-029 51712002 Dear Cupertino City Officials, Through this letter, we'd like to let you know and go on the record with our objection to the application U-2002-02 APN 369-26-029: "Use permit to allow the six-bedroom residence at 10567 Glenview Ave to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right". Our arguments are as follows: o The house is at a very prominent location (cf. attached map). Children from Davison Ave, Rampart Ave, E Estates Dr. and part of Glenview Ave walking to Eaton Elementary School, which is about 3 minutes walk, all pass by the house in question. As a consequence, the extra traffic, passenger drop-off/pick-up and cars parked on the street entailed by the extra people, concentrated at this prominent location, constitutes a great safety issue for the large number of children walking to and from Eaton School on a daily basis. o We're as much concerned with the safety of our children walking to and from Eaton pa.~sively coming into undue contact with tenants of this house, who frequently stay outside of the house, likely due to the small living space relative to the large number of people. We're equally concerned with problems of hygiene when so many people concentrate in such a small living space, and the impact on the health of children passing-by and beyond. We also believe the extra traffic ~md cars parked on the street alone caused by the large number of tenants of this house constitutes an annoyance/nuisance in violation of the Restrictive Covenants affectiog this neighborhood (cf. attached). We hope you can join us in believing the safety of our neighborhood and children is of paramount importance. Thank you. Attached: 1) Map of the neighborhood 2) Picture of street and cars parked in front of the house in question. 3) Extract of Restrict Covenants from "Declaration of Restrictions Affecting Tract 2155". Signed by Residents of the Gienview, Davison, Rampart and E Estates neighborhood t Name Signature Street Address ' _ ' ~ ~L~'~I ~ve,;~ -~-x ~_.'.,/ Re: public hearing on application #369-26-029 MEMORANDUM To: Peter Gilli, Associate Planner From: Eileen Murray, Assistant City Attorney Date: May 29, 2002 Olenview Avenue Appeal The appeal of the approval of the Support Systems Homes residence on Glenview Avenue has been reviewed by this office. Our comments are as follows: The appeal letter, dated May 24, 2002, sent by Yudong Sun, complains that the decision of the Planning Commission has "violated and/or disregarded the Restrictive Covenants, Article #9, affecting [the] neighborhood." In 1993, the Legislature amended Government Code sections 12955 and 12955.6, which are part of the California Fair Employment and Housing Act. Government Code section 12955 was amended to provide that it shall be unlawful "To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws ..... " (Italics added.) Government Code section 12955.6 was amended to provide: "Any state law that purports to require or permit any action that would be an unlawful practice under this part shall to that extent be invalid." In amending the Fair Employment and Housing Act, the Legislature declared: "It is the Legislature's intent to make the following findings and declarations regarding unlawful housing practices prohibited by this act: (a) That public and private land use practices, decisions, and authorizations have restricted, in residentially zoned areas, the establishment and operation of group housing .... (b)That persons with disabilities...are significantly more likely than other persons to live with unrelated persons in group housing. (c) That this act covers unlawfifl discriminatory restrictions against group housing for these persons." Two recent cases, Broadmoor San Clemente Homeowners Association v. Robert N. Nelson (1994) and Jeffrey Hall et al. v. Butte Home Health, Inc. (1997) address the issue of the application of restrictive covenants in regards to group homes. These cases found that the intent of the Legislature in enacting the 1993 amendments to Government Code section 12955 and 12955.6 was to bring California housing legislation into full compliance with federal laws. Federal laws prohibit the enforcement of restrictive covenants that have the effect of excluding group homes for the handicapped. The amendments invalidated laws, including Health and Safety Code section 1569.87 which permitted pre-1979 restrictive covenants. The courts found that the effect of the presence of the group homes (in these cases, for the elderly) on the neighboring property owners was de minimus. Moreover, there was a compelling governmental interest in providing adequate ho_using for the disabled. Thus, the right to adequate housing outweighed the interests of the property owners and the group homes prevailed in both of these cases. The courts also determined that abrogating the discriminatory restrictive covenants was not an unconstitutional impairment of a contractual relationship. Consequently, we can find no valid basis for the appellant's first argument. The appellant's second argument, regarding the proximity of an elementary school to the subject property, does not state any facts upon which the City could deny a use permit. Legal activities such as "smoking at the front door" and "ears pulling in/out" can occur at any residence in the neighborhood. To reduce any significant impact on the neighborhood the City has limited the number of ears allowed at the residence and the occupants have agreed. CITY OF CUPERTINO 10300 Torte Avenue, Cuper~xo, California 95014[ DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2002-02 Agenda Date: l[/Iay 13, 2002 Applicant:. Support Systems Homes (Jeffrey Janof0 Owner: Son H. Lee Location: 10567 Glenview Avenue, APN 369-26-019 Application Summary: Applicant is requesting a use petrrtit to allow a congregate residence with 16 occupants where 10 occupants are allowed by right. RECOMMENDATION: Staff recommends that the Planning Commission take the following action: 1. Approve the use permit, file number U-2002-02, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Lot Size: Low Density Residential (1-5 du/gr, ac.) R-1 Single-Family Residence 6,300 sq. ft. Project Consistency with: General Plan: Zoning: Yes Conditional Use Environmental Assessment: Exempt BACKGROUND: The subject site contains an existing two-story residence with six bedrooms. The site is in a residential neighborhood consisting of mostly single-story structures. The past use of the residence was a residential care facility for developmentally disabled children. In January of 2002, Support Systems Homes occupied the residence, referred to as Glenview Manor, which was certified as a drug-free living environment by the County of Santa Clara Office of the District Attorney for recovering drug addicts. Due to miscommunication between the City and the District Attorney's (DA) Office, the District Attorney was not aware that the City has regulations affecting drug-free living environments, and did not direct Support Systems Homes to obtain permits with the City. The DA's office is now aware of the City's regulations and will direct all subsequent facilities to the City for permits (Exhibit C). ..... Planning Comnuss~on ~tart ~¢port: U-2002-02 May 13, 2002 Support Systems Homes operates 21 similar facilities in the state, 19 of which are in the County of Santa Clara. Most of the homes in this County are located in the City of San Jose. On January 25, 2002, the residence at 10575 Glenview Av~enue was burglarized. During their investigation, the Sheriff discovered that 10567 Glenview Avenue was a drug-free living environment. The Sheriff found no connection between the burglary and Glenview Manor, and no such connection is implied in this report. The discovery was of great concern to some neighbors, who distributed a flyer notifying the general neighborhood of Glenview Manor (Exhibit D). On January 28, 2002, a neighboring resident filed a complaint with the City's Code Enforcement Department. City staff has been in contact with the applicant through their attorney since February 4, 2002. The applicant has been preparing their use permit application since that time. Federal and State regulations play a major role in the accommodation of drug-free living environments. The following statements are the most relevant sections of law affecting this application: · Drug addiction is a disability protected from discrimination by the Americans with Disabilities Act (DO], Office of the Attorney General). · Accommodations are not required if the individual poses a direct threat to others (DO], Office of Attorney General). · The only cases in which the Supreme Court have ruled there is a direct threat involve transmission of HIV in medical and care situations (School Board of Nassau County v. Arline, 480 U.S. 273 (1987) and Bragdon v. Abbott, 524 U.S. 624 (1998)). · Discrimination includes refusal to make reasonable accommodations to rules and policies when necessary to afford a disabled person equal opportunity to use and enjoy a dwelling (H&SC Section 12927). · Proposition 36 diverts non-violent drug offenders to community-based programs instead of jail-time. · The Federal Fair Housing Act preempts restrictive subdivision covenants such as those cited in Exhibit D. These Federal and State Laws limit a local jurisdiction's discretion in cases of housing accommodations for persons with disabilities. DISCUSSION: Support Systems Homes, represented by attorney Jeffrey Janoff, requests a conditional use permit at 10567 Glenview Avenue to allow a congregate residence with 16 residents where 10 residents are allowed by right. Specifically, the congregate residence is a drug- free living environment, but the discussion before the Planning Commission is not whether to approve or deny a drug-free living environment, instead it is whether the congregate residence should be allowed to have six additional residents. Originally, staff believed the residence was a residential care facility. However, the facility does not provide treatment, counseling or detoxification services. The District Planning Commission StaffK~port:. U-2002-02 May 13, 2002 Attorney's Office confirmed that the facility does not meet the state law definition of a drug abuse recovery or treatment facility. The Municipal Code contains regulations for congregate_residences, which apply to Glenview Manor. A congregate residence is a residence occupied primarily by adults who share the responsibilities for the maintenance of the house. The definition includes a reference to "nontransient occupancy,' but there is no definition of "transient" in the Municipal Code. Residents at Glenview Manor may stay anywhere from 90 days to several years. They estimate the average stay is six months. Staff continues to categorize the facility as a congregate residence since there is not a superior alternative, and there is not a standard time period that makes a person "transient" or "non-transient.' Ci~_ Council Action (1995) The Cupertino City Council enacted Ordinance No. 1688 (Exhibit A) in 1995, to provide a reasonable accommodation to the standard zoning regulations and permit procedures of the City. The City Council found that the Planning Commission, in making findings to grant or deny a use permit request for a residential care facility or congregate residence, must use the following guideline: "The application for a use permit shall be granted so long as the enumerated requirements are met unless the director or the planning commission finds, based upon individualized inquiry and evidence, that the proposed occupancy would constitute a direct threat to the health of other individuals or would result in substantial physical damage to the property o/others." For congregate residences, the "enumerated requirements" include at least 75 sq. ft. of rear yard area per occupant and the Housing Code's limitations on persons per bedroom, as well as a requirement that the facility not be within 1,000 feet of a similarly used residence. The Glenview Manor conforms to these "enumerated requirements.' Comparison of City Council Guideline with Use Permit Findings The standard use permit finding is that the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental or the public health, safety, general welfare, or convenience. The reference to "direct threat" in Ordinance No. 1688 is comparable to that of the Americans with Disabilities Act. Finding that a project constitutes a direct threat to individuals is a higher threshold than finding a project to be detrimental to the health, safety or welfare of others. Staff does not believe a neighbor's insecurity or fear constitutes a direct threat. Similarly, "substantial physical damage" is a higher threshold to meet. It will be more difficult to prove substantial physical damage to property than. to prove a project will be detrimental to neighboring property. Staff does not believe loss of property value by neighboring owners is substantial physical damage. Plarming Commission Staff'~port: U-2002-02 May 13, 2002 In addition, the "direct threat" and the "substantial physical damage" must be as a result of the number of residents over ten persons, since a congregate residence with ten residents are allowed by right. _ The City Council enacted Ordinance No. 1688 as a response to the Federal and State Laws associated with housing accommodations for disabled persons. The City Council guideline purposefully makes it difficult to deny a use permit to protect the City from discrimination lawsuits, knowing that there often be strong neighborhood resistance to such facilities. Occupancy_ Load The Housing Code has minimum requirements for occupancy of bedrooms. A 70 square foot bedroom may have two occupants. An additional 50 square feet of area is required for every additional occupant. Thus, a 170 square foot bedroom could have four occupants. The proposed residence has sufficient area for 18 residents. Conformance with Zoning, Building and Fire Codes The applicant allowed representatives from the Community Development Department and the County Fire Department to inspect the residence on May 7, 2002. The inspection focused on conformance with applicable Zoning, Building and Fire Codes. Zoning The Cupertino Municipal Code requires a congregate residence with more than 10 residents to have 75 square feet of rear yard area for each resident and requires that there not be another similar facility within 1,000 feet of the subject site. Staff estimates the usable rear yard area is 1~300 to 1,400 square feet, which would allow 17 to 18 residents. A precise calculation was not done since the application requests 16 residents. 1,200 square feet of rear yard area is required for 16 residents. According to the District Attorney's Office, there are only two such facilities operating in the City of Cupertino. The second facility is about one mile away. Staff has no knowledge of a similar facility within 1,000 feet of the property. The application meets the rear yard and proximity requirements for a congregate residence with more than 10 residents. Two zoning inconsistencies were identified on the subject site. The resident manager agreed to address each item. 1. Garage: Couches and a television were in the garage to provide a "smoking room" for the residents. The resident manager intended to provide an indoor location for residents to smoke without having smokers in the rear yard, which would affect neighbors. There were not structural alternations to the garage that would prevent it from being used to park cars. Once the resident manager was Planning Commission Staff K~port: U-2002-02 May 13, 2002 informed that the garage area must be free and clear to allow for the parking of two cars in the garage, he committed to correct the situation. Shed in Rear Yard: A storage shed is located too close to the property line and the residence. The shed predates Support Systems Homes' occupation of the residence. There is sufficient room in the rear yard to relocate the shed in a location that complies with the Municipal Code, and maintains the required rear yard area for congregate residences. Staff recommends providing the applicant with thirty calendar days to correct the situation, starting from the date of the last public hearing for this use permit. In the event that the Planning Commission decision is appealed, the thirty calendar days should not begin until after the appeal is acted on. Building and Fire Codes Based on the California Building Code, the Glenview Manor is an R-6.2 occupancy. The R-6.2 codes are under the jurisdiction of the State Fire Marshal. The City's Chief Building Official has no authority over the enforcement these codes, but is working with the County Fire Department. A condition of approval in the model resolution requires the applicant to receive written approval from the County Fire Department certifying that the residence conforms to applicable Building and Fire Codes. Neighborhood Impacts The review of neighborhood impacts focuses on the impacts the six additional residents would generate. Staff has identified the following potential neighborhood issues related to this application: parking, noise and crime. Parking Staff believes that limiting the number of cars parked on- and off-site is essential to ensuring that the residence appears to be used as a standard residence. The worse case scenario is that each resident would drive, resulting in sixteen cars parked on- and off- site. Support Systems Homes limits the number of residents with cars to seven. Potential residents who intend to drive are not allowed to occupy a residence that is already has its maximum allotment of cars. The subject site can accommodate up to five parking spaces on-site, with two in the garage, and three on the driveway. Two cars can be parked on the street in front of the property without directly affecting neighboring sites. Table 19.100.030 (A)(1)(a) of the Cupertino Municipal Code allows four vehicles to be parked on the subject site, but allows additional on-site parking if approved through development review. Planning Commission Staff~'~>ort: U-2002-02 May 13, 2002 Staff considers the applicant's limitation on residents who drive as appropriate for the site, and has added a condition to the model resolution limiting the number of occupants with vehicles (including staff) to seven. The applicant is agreeable to this condition, since it reflects their current policy. _ Noise The City's Noise Ordinance provides neighborhood protection from noise, on a complaint basis. The Glenview Manor has operational rules and two resident managers. A sign is posted in the rear yard stating "Control Your Noise Level." Operational rules include set curfews and "lights-out" times. A board is posted near front entrance providing contact information for neighbors who have noise complaints. The City's Code Enforcement Department has not received noise complaints from any neighbor since Support Systems Homes began occupying the residence (Exhibit H). On May 9, 2002, the Planning Department received letters from neighbors describing occurrences of loud noises at the site (Exhibit E & F). Neighbor complaints of excessive noise are relatively common in the City, including, but not limited to, music, arguments, children, animals and home-maintenance work. In order to enforce the Noise Ordinance, these incidents must be immediately reported to Code Enforcement so sound levels can be meagured and appropriate action taken. Otherwise the City cannot cite or take action against offenders. Staff has no evidence that allowing six additional residents will result in significantly more noise than ten residents. Ten noisier residents could occupy the house without a permit and be louder than sixteen quiet residents. It is reasonable to believe that more residents would increase the probability of higher noise levels, since there is more of a chance that some of the residents will be noisy, but it is entirely dependent on the specific personalities. Staff does not recommend any condition concerning noise, since the Noise Ordinance already provides a means for addressing noise complaints. Staff does recommend that if the use permit is approved, that there be a one-year review hearing to review the impacts of the facility, including noise impacts. If evidence of a pattern of noise violations is provided at the review hearing, the Planning Commission can reanalyze this application. Cr/me Shortly after the Glenview Manor operation began in January 2002, a neighboring residence was burglarized. Based on data from the Sheriff's Department, this burglary does not represent an increase or concentration of crimes in the area (See Exhibit G). Also, there has been no evidence provided by any party that shows that six additional residents will cause an increase in neighborhood crime. Planning Commission Staff l~porl: U-2002-02 May 13, 2002 Neighborhood Meeting The applicant indicated that a meeting was set up for the neighborhood on March 24, 2002. Representatives from the District Attorney's Office, Support Systems Homes and residents of the facility were to be present at the meeting to discuss the program and answer any questions from the neighbors. The neighborhood did not attend the meeting. If the use permit is approved, staff requests that Support Systems Homes set up another meeting with the neighborhood. F. ees The applicant believes that the fees charged for the requested permit are not fair or legal under California Fair Housing Law. Questions about the legality of the fees are the issue of the courts, but the issue of fairness can be addressed by the City Council, who is the only body that can reduce or waive fees for permits. Section 19.28.040 of the Cupertino Municipal Code lists the conditional uses in the R-1 zoning district. The section is divided into conditional use permits that the Director of Community Development issues and those that the Planning Commission must issue. In the case of a congregate residence with more than 10 residents, the Planning Commission must issue the permit. The associated fees are listed in Table 1, with the subject application bolded. Table 1 Sample of Application Types and Fees Decision-making Noticing Other Application Type Body Fee Deposit Deposits Review Conditional Use Director of Comm. Change of use issues or home occupations Permit Dev. $199 $200 NA beyond those specifically permitted Complicated regulations and guidelines: Residential Design Design Review aesthetics, site and building design, Review Commitme $561 $200 $1,000 landscaping, compatibility Planning Applies to removal of specimen or Tree Removal Commission $199 $200 NA .. protected trees Planning Hillside Exception Commission $1.336 $200 $2,000 Geolo~, visibility, environmental review Exempt from CEQA, review can involve Conditional Use Planning case by aesthetics, architecture, landscaping, Permit Commission $1,403 $400 case compatibility and site design Full environmental review, often Conditional Use Planning case by aesthetics, architecture, compatibility, Permit Commission $1A59 $400 case landsca?in~ and site desil~n Full environmental review, often Conditional Use case by aesthetics, architecture, compatibility, Permit [City Council $2,079 $400 case landscaping and site design Planning Commission Staff I~eport: U-2002-02 ..... May 13, 2002 If the Commission considers the applicant's fee dispute to be valid, the Comr~sion can approve a minute order to direct the issue to the City Council for review. CONCLUSION Based on the City Council guidelines in Ordinance No.. ~688, staff recommends approval of the application subject to the model resolution for the following reasons: · Congregate residences with ten residents are allowed by right. · The application meets the criteria necessary to allow a congregate residence to have more than ten residents. · The applicant is agreeable to a condition limiting the number of cars allowed at the site to seven, protecting neighboring properties from spillover parking in front of their houses. · There is no evidence that six additional residents in this house will increase crime in the neighborhood. · There is no evidence that allowing six additional residents in this house will result in substantial noise impacts that would violate the Cupertino Municipal Code, but there is concern that the potential for noise is increased with a higher occupancy. · There is no evidence that allowing six additional residents in this house will pose a direct threat to the health of neighbors, since the County District Attorney's Office does background checks on each resident to verify they do not have a history of violent crimes; · There is no evidence that allowing six additional residents in this house will result in substantial physical damage to the property of others. The applicant must do the following in order to conform to City Codes within thirty days of the final approval of this use permit (conditions in the model resolution): · Clear the garage and make it available for car parking. · Relocate the storage shed to conform to accessory structure setbacks. · Address issues raised by the County Fire Department related to Building and Fire Codes. Enclosures: Model Resolution Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Ordinance No. 1688 Letter from Jeffrey Janoff and Support Systems Homes Letter from the District Attorney's Office Neighborhood Flyer and Declaration of Restrictions for Tract 2155 Letter from Karen Garza Letter from Netke, Johansen, Garza Letter from the County Sheriff's Department Letter from the Code Enforcement Department Submitted by: Peter Gilli, Associate Planner Approved by: Steve Piasecki, Director of Community Developmen~ g : /planning/pdreport/pc Usereporta~. 2 OO 2.0 2.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A CONGREGATE RESIDENCE WITH 16 RF-qIDENT$. U-2002-02 SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2002-02 Support Systems Homes (Jeffrey Janoff) 10567 Glenview Avenue SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements in accordance with Ordinance No. 1688 and the Cupertino Municipal Code: 1. The propOsed use is a conditional use in the R-1 Single-Family Zoning District; 2. The proposed use is consistent with the Cupertino General Plan; 3. Congregate residences with ten residents are allowed by right; 4. The application meets the criteria necessary to allow a congregate residence to have more than ten residents; 5. The facility will limit the number of residents who drive in order to protect neighboring properties from spillover parking in front of their houses; 6. There is no evidence that allowing six additional residents in this house will increase crime in the neighborhood; 7. There is no evidence that allowing six additional residents in this house will result in substantial noise impacts that would violate the Cupertino Municipal Code, but there is concern that the potential for noise is increased with a higher occupancy; 8. There is no evidence that allowing six additional residents in this house will pose a direct threat to the health of neighbors, since the County District Attorney's Office does background checks on each resident to verify they do not have a history of violent crimes; Model Resolution Page 2 ~ U-2002-02 '~ May 13, 2002 There is no evidence that allowing six additional residents in this house will result in substantial physical damage to the property of others. NOW, THEREFORE, BE IT RF_E~LVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, subject to the conditions which are enumerated in this Resolution begirming on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. U-2002-02, as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEFF. APPROVED PROJECT This approval allows a congregate residence at the subject site for residents. Residents shall include all persons who sleep in the residence. up to sixteen ONE YEAR REVIEW The use permit will be reviewed in May of 2003 to determine if the occupancy load does significantly impact the neighborhood, including, but not limited to parking and noise impacts. RESIDENTS WITH CARS The applicant shall limit the number of residents with cars at the subject site to seven, including staff. On-site parking shall be used before residents park on-street. GARAGE USE The garage must be made free and clear to allow two vehicles to park within thirty calendar days of final use pe~,fit approval, subject to approval by the Director of Community Development. ACCESSORY STRUCTURE The storage shed in the rear yard must be brought into conformance with the setback requirements in Chapter 19.80 of the Cupertino Municipal Code within thirty calendar days of final use permit approval, subject to approval by the Director of Community Development. COUNTY FIRE APPROVAL The applicant must receive written confirmation from the County of Santa Clara Fire Marshal that the residence conforms to R-6-2 occupancy building codes in the California Model Resolution U-2002-02 ~" May 13, 2002 Page 3 Building Code. Issues identified by the County Fire Depa~ i~nent must be addressed to the satisfaction o{ the Fire Marshal within thirty calendar days of notification. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions' constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby' forther notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of May 2002, at a Regular MeetSng of the Planning Commission of the City of Cupertino, State of Cali/omia, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Charles Corr, Chairman Planning Commission g'/planmng/pdreport~s/U-2002-02 res.doc EXHIBIT A ORDINANCE NO. 1688 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING VARIOUS CHAPTERS TO TITLE 19, ZONING OF THE CUPERTINO MUNICIPAL CODE REGULATION REGARDING RESIDENTIAL CARE AND CONGREGATE RESIDENCES SECTION I - FINDINGS AND PURPOSE: The city council finds that residential care facilities provide a cost-effective, humane and non-institutional environment for elderly persons suffering from chronic illnesses, persons suffering from mental or physical impairments, and persons recovering from drug and/or alcohol addiction. The city council also finds that the public health, safety and welfare of all residents of the city is best served when such facilities are licensed by the California Department of Social Service, the California Department of Alcohol and Drug Programs, or other appropriate agency or department to the state of California or the county of Santa Clara, to ensure compliance with applicable regulations and standards designed to promote and maintain successful programs, but that in fact not all such facilities are so licensed. The city council further finds that it is in the best interests of the public health, safety and welfare to preserve and protect the integrity of residential neighborhoods, in accordance with the goals and policies in the general plan. The city council finds that it is in the best interests of the public health, safety and welfare to preserve and protect the integrity of residential neighborhoods, in accordance with the goals and policies of the general plan. The city council finds that over-concentration of residential care facilities and congregate residences could impair the integrity of residential neighborhoods. The purpose of this chapter is to provide reasonable accommodations for the needs of persons with disabilities seeking a humane and non-institutional environment, while at the same time ensuring necessary safeguards to protect the integrity of residential neighborhoods. In keeping with the intent of this chapter to provide a reasonable accommodation for the needs of persons with disabilities to obtain housing, while at the same time fulfilling its obligation to protect the integrity of the residential character of the neighborhood districts, the city council finds that the following guidelines shall be used by the director of community development and the planning commission in making f'mdings in granting or denying a use permit request. (a) The application for a use permit shall be granted so long as the enumerated requirements are met unless the director or the planning commission finds, based upon individualized inquiry and evidence, that the proposed occupancy would constitute a direct threat to the health of other individuals or would result in substantial physical damage to the property of others. Co) Conditions may be imposed if demonstrated to be warranted by the unique and specific aspects of a particular situation. Page 2 SECTION II - USE REGULATIONS: In any zoning district where residential uses are permitted, a residential care facility or a congregate residence may be permitted. All residential care facilities and congregate residences shall be subject to all zoning, subdivision, housing and building regulations and codes applicable to that district, in addition to any building or housing regulations and codes expressly applicable to residential care facilities or congregate residences, particularly building and fire safety requirements. Nothing in those regulations and codes shall be construed to prohibit residential care facilities or congregate residences in any low and low-medium density (A, A-I, R-I and R.-2) zoning district. No privately created covenant, equitable servitude or other contract or agreement shall be used as the basis of denial of permission to operate a facility or residence otherwise in compliance with this chapter. SECTION III: The City Council of the City of Cupertino does hereby ordain that the following Chapters are amended as follows: Chapter 19.08: Definitions Residential care facility" means a building or portion thereof designed or used for the purpose of providing twenty-four-hour-a-day non-musical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as detrmed in California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (II&SC Section 11384.11), and other similar care facilities. "Congregate residence" means any building or portion thereof which contains facilities for living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and Fire Codes and may include facilities for eating and cooking for non-transient occupancy primarily by persons eighteen years old and older, in which the responsibilities for rent, housekeeping, cooking and other household maintenance chores are shared among the occupants. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actual physically occupies the premises, by permission of any other person entitled to occupancy. Page 3 Chapter 19.16 - Agricultural (A) Zones 19.16.030 Permitted uses. L Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff. J. Congregate residence with ten or less residents. 19.16.040 Conditional uses B. Issued by the Planning Commission:. 3. Residential cate facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the provider, provider family or staff. 4. Residential care facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 ff. from the property boundary of another residential care facility. 5. Residential care facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility. 6. Congregate Residence with eleven or more residents which is a minimum distance of 1,000 feet from the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. Chapter 19.20 Agricultural-Residential (A-l) Zones 19.20.030 Permitted uses. J. Residential care facility that is licensed by the appropriate State, County agency or department with not more than six residents, not including the provider, provider family or staff. K. Congregate residence with ten or less residents. Page 4 19.20.040 Conditional uses B. Issued by the Planning Commission: I 0. Residential care facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the provider, provider family or staff. 11. Residential care facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 ft. from the property boundary of another residential care facility. 12. Residential care facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility. 13. Congregate Residence with eleven or more residents which is a minimum distance of 1,000 feet from the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. 19.28 Single-family Residential (R-l) Zones 19.28.030 Permitted uses. F. Residential care hom~s facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff. K. Congregate residence with ten or less residents. 19.28.040 Conditional uses B. Issued by the Planning Commission: 3. Residential care facility that is not required to obtain a license by the State, County agency or department and has six.or less residents, not including the provider, provider family or staff. 4. Residential care facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility. Page 5 5. Residential care facility that is not required to obtain a_license by the State, County agency or department and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility. 6. Congregate Residence with eleven or more residents which is a miniroum distance of 1,000 feet fi:om the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. 19.28.060 19,32 Site development regulations, renumber remaining chapter within section. ~"'~ ~'~ .... ' ' £':'5' Residential Duplex (R-2) Zones 19.32.030 Pemitted uses H. Residential care facility with six or less residents not including the provider, provider family or staff, in each unit, that has a license from the appropriate State, County agency or department. I. Congregate Residence with ten or less residents, in each unit. B. Issued by the Planning Commission 2. Residential care facility, in each unit, that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the provider, provider family or staff. 3. Residential care facility, in each unit, that has the appropriate State, County agency or deparunent license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet fi:om the property boundary of another residential care facility. 4. Residential care facility, in each unit, that is not required to obtain a permit fi:om the State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet fi:om the property boundary of another residential care facility and has a minimum of 75 square feet of usable rear yard area per occupant. 5. Congregate Residence with eleven or more residents which is a minimum distance of 1,000 feet fi:om the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. Page 6 Chapter 19.36 Multiple-Family Residential (R-3) Zones 19.36.030 Permitted Uses G. Residential care facility with six or less residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department. H. Congregate residence with ten or less residents. B. Issued by the Planning Commission 2. Residential care facility, that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the provider, provider family or staff. 3. Residential care facility, that has the appropriate State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, iS a minimum distance of 500 feet from the property boundary of another residential care facility. 4. Residential care facility, that is not required to obtain a permit from the State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility and has a minimum of 75 square feet of usable rear yard area per occupant. 5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. Chapter 19.36 Residential Hillside (RI-IS) Zones 19.40.030 Permitted Uses F. Residential care facility with six or less residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department. H. Congregate residence with ten or less residents. Page ? B. Issued by the Planning Commission 2. Residential care facility, that is nOt required to obtain ~-license by the State, County agency or department and has six or less residents, not including the provider, provider family or staff. 3. Residential care facility, that has the appropriate State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distallce of 500 feet from the property boundary of another residential care facility. 4. Residential care facility, that is not required to obtain a permit from the State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet f~m the property boundary of another residential care facility and has a minimum of 75 square feet of usable rear yard area per occupant. 5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. Chapter 19.44 Residential Single=Family Clnster (R1C) Zones 19.44.040 Permitted Uses -.F. Res~denual care facility with six or less residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department. H.~Congregate residence with ten or less residents. 19.44.050 Conditional use permit A. Issued by the Planning Director B. Issued by the Planning Commission · 2. Residential care facility, that is not required to obtain a license by the State, County agency or depamnent and has six or less residents, not including the provider, provider family or staff. ' 3. Residential care facility, that has the appropriate State, County agency or departmem license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property boundary of another residential care facility. Page 8 41' Residential care facility, that is not required to obtain~ permit from the State, County agency or department license and has seven or greater residents, not including the provider, provider family or staff, is a minimum distance of 500 feet from the property .boundary of another residential care facility and has a minimum of 75 square feet of usable rear yard area per occupant. 5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from the boundary of another congregate residence and has a minimum of 75 square feet of usable rear yard area per occupant. 19.64 QUASI PUBLIC BUILDING (BQ) 19.64.050 Conditional Uses in a BQ zone. C. Child care facility, residential care facilities, congregate residence, hospitals .... 19.100 OFF-STREET PARKENG REGULATIONS 19.100.020 Application of regulations. · ..The standards and regulations contained in this chapter regulate off-street parking for conventional zoning districts and are intended also as guidelines for development projects located in planned development (PD) zones and at congregate residences and residential care facilities. '- INTRODUCED at a regular meeting of the City Council of the City of Cupertino ~is 5th day of June , 1995, and ENACTED at a regular meeting of the City :uncil of the City of Cupertino this 19th day of__.~..~Ix~, 1995, by the following vote: Vote Members of the City_ Council AYES:' Bautista, Sorensen, NOES: None ABSENT: Koppel, Dean ABSTAIN: None Burnett ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/~ Don Burnett Vice Mayor, City of Cuper6no EXHIBIT B JEFFREY D. JANOFF ROBERT BUP.2q S BOSTWICK (OF COUNSEL) EVEREIT P. ROWE (RE11RED) LAW OFFICES ~' BosTw o< A PROFESSIONAL CORPORATION CORNER ST. lOl'~ & ldARKET SAN JO~, CA 95113 TELEPHONE ( 4089 am- 2300 FAC. SIMILE (40S9 286.2203 PLF_.A3E REPLY TO SAN JOSE April 9, 2OO2 Peter Gilli, Associate Planner City of Cupertino, Community Development Department 10300 Torre Avenue Cupertino, California 95014 RE: 10567 Glenview Ave/Support Systems Homes DearMr. Gilli: 100 SPF. AR STREET, # 700 SAN FRANCISCO, CA 94105 TELEI~IOI~E (415) 777-1666 FACSIMILE (415') 896-1421 ~DJ~osrWlCK~dJANOI~.~m /T CEIVED PR 1 2 2002 Enclosed please find my client's answers to your March 8, 2002 letter. In addition I am enclosing the following: 1. A list of available bus routes fi'om the Glenview Manor. 2. A floor plan of the first floor. 3. A floor plan of the second floor. 4. A diagram of the fi'ont portion of the property. 5. A diagram of the rear portion of the property. 6. A diagram of the immediate neighborhood. I am also enclosing the application form along with a check in the amount $1,403.00 for the application fee and a check in the amount of $400.00 to cover the mailing costs. We are also requesting that these fees be eventually reimbursed to my client. We do not believe that the California's Fair Housing Law allows for the payment &such a fee for unrelated individuals with a disability to live together. I am in the process of getting the property owner's signature on the application form. I will forward the signed copy when I receive it. I do not want to hold up the processing of the application. Please put this matter on the agenda for the next public hearing. Please advise me as to when the hearing will be. If you have any questions please feel free to call me. Enclosure cc: Client via fax 408-370-3487 '/~os'rwic~: ,~ ~A~O~ A Professional Corpora?~on March 20, 2002 Peter Gilli, Associate Planner City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, California 95014 Support Systems Homes, Inc. 1 West Campbell Avenue, Suite B-27. Campbell, CA 95008 800.811.1800. 408.370.9688. 408.370.:~487 FAX. www.$upportsystemshomes.com CEIVED , PR 1 200 / J Dear Mr. Oilli, This letter is in response to your letter dated March 8, 2002. The following is the information you requested on 10567 Glenview Avenue, Cupertino: Ao Bo Support Systems Homes was incorporated in March of 1991 by Andres Lujan and Robert Norton both Executive Directors. Mr. Lujan is a 15-year career retired Deputy Sheriff. Mr. Lujan has worked in the enforcement side of substance abuse and in the treatment of substance abuse for twenty-eight years. He provides treatment and sober living environments both in the private and public sector. Both directors were instrumental in the international certification of their residential treatment programs in Santa Clara County. Mr. Lujan networks with many HMO's, PPO's, tmion trusts, employer groups and the criminal justice system, in providing state of the an continuum of care for its referral sources and community. Mr. Lujan is well known and respected in the substance abuse professional community. Mr. Norton has been in business for 27 years, sixteen of which have been directly involved in substance abuse and recovery services. He has networked all of Support Systems Homes' outreaches to successful implementation. Both men are married and have children. Our residents are men over 18 years of age, some of who have been allowed to continue their supportive living by the justice system process. These men have either been convicted or pled guilty of non-violent alcohol or drug charges. These residents all receive a background check by the Santa Clara County District Attorney's office. Some residents have no charges and are here voluntarily for their recovery. Each residence has a live-in house manager and assistant. These managers receive monthly trainings, which accounts for Support Systems Homes' success and reputation over the past eleven years. Based on the State of California requirements of (2) persons to the first 70 square feet and (1) person for each additional 50 square feet and the City of Cupertino's backyard footage, this residence can serve at least 18 residents. We are requesting our current capacity of sixteen residents, fourteen residents and two managers. At Support Systems Homes, we have residents who may stay 90 days, and as long as several years. Our average stay is six months. RECOVERY THROUGH SUPPORT Support Systems Homes, Inc. 1 West Campbell Avenue, Suite B-27. Campbell, CA 95008 800.811,1800. 408.3?0.9688. 408.~70,3487 FAX. www. supportsystemshomes.com Fo Ko Our residents must show proof of employment, school attendance or community volunteer service as a condition of residency. Any resident who drives must show staff copies of current driver's license, vehicle registration and insurance. Our main office monitors the number of vehicles allowed at a given location. Glenview has a maximum of 7 cars allowed to park on or near the house. Five vehicles are allowed onsite and two at the comer strip across the street on the side border of the comer lots, Support Systems Homes has curfews and good neighbor policies. We enforce house rules as in any other familial home. All residents must be clean and sober. All residents agree to random urinalysis to monitor compliance to livinp alcohol and dine free. Our house managers enforce the family house rules. We also have Health & Hygiene inspectors who do unannounced house inspections. Several residents carpool. Several residents walk to the bus stop located at Stevens Creek Blvd_ and Miller Ave. Eleven residents currently sleep upstairs. There is an additional stairway in place for evacuation. All residents share household chores and family responsibilities including cooking, either together or individually as in any family living environment. Grocery shopping is done by the house manager and residents on a rotating basis. They shop for the entire house, which means fewer trips to and from the store. For the last eleven years our sober living homes have helped many of our community's families to re-integrate into healthy productive citizens. Our residents all have a commonality. They are afflicted with the disease of alcoholism/addiction. This is the exemption the Federal Fair Housing Act affords us. Due to this familial exemption, we arc considered, and should be treated just as any family on our street. We will volunteer to follow the Cupertino City CUP process in hopes of it being user friendly and non-intrusive of our residents' rights under the Federal Fair Housing Act. We arc proactive and do community outreach. We are available to do awareness education to our local PTA's and schools in hopes of preventing substance abuse. We post a complaint number at our front window to thc Santa Clara County District Attorney's office and invite any neighbors interested in visiting our home for a group tour by calling our office at (408) 370-9688. Sincerely, /~'~Lrt I. Norton Executive Director EXHIBIT C County of Santa Clar, Office of the District Attomey county Government Center. West wing 70 West Hedding Street San Jose. Califomia 951 I 0 (408) 299-7400 www.santaclara-da.org George W. Kennedy District Attorney March 18, 2002 Re: Certified gober Living Environment Homes h Santa Clara County Dear Mr. Gilli: This is in response to your request for a list of the homes currently located in Cupertino that have been certified under the Santa Clara County Certification Guidelines for Adult Drag and Alcohol Residential Facilities, a copy of which I have e-mailed to you. Currently, there are two homes certified by our office, once which is located at 10567 Glenview Avenue (Support Systems), and the second is located at 10164 Empire Avenue (New Life Support). District Attorney George Kennedy sent a letter to every municipality located in Santa Clara County advising of Proposition 36 and the potential impact on neighborhoods the demand for sober living environment housing might cause. He asked for each municipality to send to me a copy of what codes or municipal ordinances might control sober living environment homes. A representative fi.om this office would be happy to meet with you, the planning department or city council members to discuss these issues further, if you so desire. I will be changing assignments effective March 25, but my replacement, Tina Nunes-Ober, may be reached at (408) 792-2598. Please do not hesitate to let us know if you need further information about sober living environment homes, Proposition 36, or the Certification Guidelines. Sincere, ly, ylva Deputy District Attorney EXHIBIT D IMPORTANT NEIGHBORHOOD INFORMATION January 26, 2002 A Drug Rehabilitation Center in Your Neighborhood A burglary was committed yesterday January 25, 2002 between the hours 6pm and 9pm at 10575 Glenview Ave right at the intersection with Davison Ave. So far, police have determined that the house next door at 10567 Glenv/ew Ave is now a drug rehabilitation center (the new tenants moved in at the beginning of January 2002 based on our own observation). Although we haven't heard any evidence linking the burglary to the rehabilitation center, we Ndge that the sheer presence of a drug rehabilitation center in this residential area presents a hsk to our families and children. We also think it's agaihst the Declaration of Restrictions Mfecdng Tract 2155 that applies to this neighborhood; see the highlighted area on page 2 of the attached extract of this Declaration. \Ve ,nv~te you to contact the City of Cupertino (10300 Torre Avenue Cupertino, CA 95014-3202 Phone: (408) 777-3200 Emaih info@cupertino.org) to complain about the presence of this drug rehaNhtaUon center. We should also prepare to file a lawsuit against the improper use of a property, in this residential area. Meanwhile, we invite you to watch closely your children if they play outside or they walk to Eaton Elementary School through Glenview/Davison Ave. Thank you for your attention Your neighbor l ~ title to vhLcb lot fubieq~ ~s ~eA ~fe~ ~C ~ ~XY~6~ ~r and ~, s~b or f~rs &~ n~ G~ ~td visible ~o~r~y e~ll ~ kep~ f~e ~r~ ~o fe~t, v~l~, ~e, or p~en ~~es of a~v t~ ~11 ~ e~, 2ro~r .y . ~ ~ vhlch X~ s~s) ~ er~, ~c~ or MX~X~ OU uy o~r ~rtlon of residential ~lldl~ plo~, a~ n~ ~e ~ o~ IL~ or ~ It~ ~der ~ n~rs mod .~ t~o so 40 ~t ~ ce~e ~ ~0 or n~e ~u ~be Mtib~r~. ~t ~ ~ C~ttu ~e~f.r ref~ ~, ~ Xf ~re Xr ~a ~ C~xtt~, highlighted area on next page. ~e~ v~tb ~ ~l ~ c~ t~rc~l~b (v~e~r c~ed o~ Quo or ~e 1o~ ~. ~-;2 .',.... - . · ~.,-~.. .~t~:~..~. , *.. . )- * , . . . , ~ . . . ,..~ ., .~ ,. ,1..,.. ....... - ~.-- ~'~,-, ,. a -. ~-- ~.,~}T~.~'.- ,,. .... ~;-~,~ ......-.- .-~'. - . ~ .'t~ ~L~)<~ ' .%~, . ...... :., ,~ ,'~ .... ,., · ;~.~' a;¢ %~ff '. :: =~"-.~,-:,. ..... ~ .- · '~ ~,i~* ..... --'- ,.. .x · '-t "¢%~ · · ' ' ~=""..;, .... .g EXHIBIT E 6665 Clifford Drive Cupertino, California 95014 May 8, 2002 To the Members of the City Council: On the evening of April :~5, 2002, I was in my backyard when my neighbors behind me started to fight. The occupants were screaming at each other, and it quickly turned into an unpleasant situation. There was major profanity being used that was both repulsive and derogatory, and the slamming of doors could be heard quite clearly. This argument lasted approximately 40 minutes and it was very disruptive to the surrounding neighbors. This was not the first incident of such behavior from the occupants. Sincerely, Karen Garza EXI]IBIT F Peter Gilli Planning Commission Cupertino City Hall 10300 Torte Avenue Cupertino CA 95014-3202 Dear Peter Gilli, Subject: May 13t~ hearing for' drug rehabilitaion center on Glenview Avenue We live in the close vicinity of 10575 Glenview Avenue that we understand has been operating as a drug rehabilitation center since January 2002. We would like to record our objection to this facility and strongly suggest that permission for operating the facility be denied. Here are some factors that we would like you to consider: 1) This facility is inconsistent with the residential nature of the neighborhood. Many of the houses have small children whom we would not like to expose to such an environment. 2) The owner of the facility did not consult with us before starting the operation. We also understand that it was started without a permit from the City of Cupertino. 3) The facility is a public nuisance in terms of noise and cars parked outside the house. There have been instances of loud noises and screeching tires by the residents of the facility which we find very disturbing. 4) On April 15t~ Karen who lives in the house fight behind this property heard loud altercation and foul language being used by the residents that was clearly within earshot of the adjoining houses. This is very unusual in our neighborhood. 5) A few weeks ago Linda detected the smell of Marijuana from the house. We have just highlighted things we have come across through casual observation. There may be more that we have not seen yet. We are extremely shocked that this facility has been allowed to operate for so long within an otherwise peaceful segment of the Cupertino community. We trust that you will make the fight decision in this matter. Sincerely 2) Linda Johansen/Vic Johansen ~'~.~' cc: Richard Lowenthal, Mayor or Cupertino Michael Chang. Vice-Mayor of Cupertino County of Santa Clara~ Office of the Sheriff 55 West Younger Avenue San Jose, California 95110-1721 (408) 299-2101 EXHIBIT G Laurie Smith Sheriff 5~8~02 On January 25, 2002, the residence at 10575 Glenview Avenue was burglarized. Although our office has arrested approximately 23 people for thef~ and burglary charges since October 2001, we have not been able to link one of them to this crime. That doesn't mean that the person hasn't been caught. He/she may have been arrested for another burglary and there just wasn't enough evidence to charge them with this one. Since the Glenview break-in there have been three additional burglaries in that area. Two of them occurred on John Drive and the other on E. Estates Drive. A suspect was arrested for these incidents and he was not associated with the Glenview Manor. I have looked at the crime data for several streets in the Glenview / Davison neighborhood and have noted that the criminal activity has remained at a constant for the past three years. There were burglaries and thefts occurring in the neighborhoods prior to the home opening. At this time, there is no factual data or evidence to support that the home has increased 6riminal activity in the area. Sincerely, ~ ~ ~, Sgt. Skip Shervm~otl ' ' Cupertino Commtmity Resource Officer 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3177 Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., S. Joseph Simitian County Executive: Richard Wittenberg CITY OF E BIT H MEMORANDUM Date: To: From: Subject: May 8, 2002 Peter Gilli, Associate Planner Jeffrey Trybus, Code Enforcemem Officer 10567 Glenview Ave. Cupertino Since the initial complaint for the drag free house, the Code Enforcement Division has received one additional official complaint from'a concerned resident regarding the drag free house at 10567 Glenview Ave. Multiple residents have called over a period of time to inquire on what is happening with the permit process. Most residents stated that they are concerned for their children's safety, and property values deceasing with the presence the house. Printed on Recycled Paper CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 950174 ~LUTION NO. 6132 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A CONGREGATE RESIDENCE WITH 16 RESIDEN2X3. - U-2002-02 SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2002-02 Support Systems Homes (Jeffrey Janoff) 10567 Glenview Avenue SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements in accordance with Ordinance No. 1688 and' the Cupertino Municipal Code: 1. The proposed use is a conditional use in the R-1 Single-Family Zoning District; 2. The proposed use is consistent with the Cupertino General Plan; 3. Congregate residences with ten residents are allowed by right; 4. The application meets the criteria necessary to allow a congregate residence to have more than ten residents; 5. The facility will limit the number of residents who drive in order to protect neighboring properties from spillover parking in front of their houses; 6. There is no evidence that allowing six additional residents in this house will increase crime in the neighborhood; 7. There is no evidence that allowing six additional residents in this house will result in substantial noise impacts that would violate the Cupertino Municipal Code, but there is concern that the potential for noise is increased with a higher occupancy; 8. There is no evidence that allowing six additional residents in this house will pose a direct threat to the health of neighbors, since the County District Attorney's Office does background checks on each resident to verify they do not have a history of violent crimes; Model Resolution No. 6132 Page 2 9. U-2002-02 May 13, 2002 There is no evidence that allowing six additional residents in this house will result in substantial physical damage to the property of others. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. U-2002-02, as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED PROIECT This approval allows a congregate residence at the subject site for residents. Residents shall include all persons who sleep in the residence. up to sixteen ONE YEAR REVIEW The use permit will be reviewed in May of 2003 to determine if the approval results in a nuisance to the neighborhood that could be mitigated by reducing the occupancy of the residence. o RESIDENTS WITH CARS The applicant shall limit the number of residents with cars at the subject site to seven, including staff. On-site parking shall be used before a resident parks on-street. The applicant shall make every effort to not allow residents to drive vehicles without their permission. GARAGE USE The garage must be maintained free and clear to allow two vehicles to park within thirty calendar days of final use permit approval, subject to approval by the Director of Community Development. ACCESSORY STRUCTURE The storage shed in the rear yard must be brought into conformance with the setback requirements in Chapter 19.80 of the Cupertino Mtmicipal Code within thirty calendar days of final use permit approval, subject to approval by the Director of Community Development. Model Resolution No. 6132 Page 3 U-2002-02 May 13, 2002 o o o COUNTY FIRE APPROVAL The applicant must receive written confirmation from-the County of Santa Clara Fire Marshal that the residence conforms to R-6.2 occupancy building codes in the California Building Code. Issues identified by the County Fire Department must be addressed to the satisfaction of the Fire Marshal by May 31, 2002. CONFORMANCE WITH HOUSING CODES The applicant shah demonstrate compliance with the State Housing Code, including but not limited to, the adequacy of bathroom and kitchen facilities to accommodate 16 persons in the residence. NEIGHBORHOOD MEETING The applicant is strongly encouraged to meet with the surrounding neighborhood within thirty days of the final action. Noticing of the neighborhood should include at least all property owners within five hundred feet of the subject site. NOTICE OF FEES, DEDICATIONSr RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions.constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 13th day of May 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen, Auerbach and Chairperson Corr Saadati APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development g;/planning/pd~s/q.l.2002.02 r~.doc /s/Charles Corr Charles Corr, Chairman Planning Commission Planning Commission Minutes 3 May 13, 2002 Application No.: Applicant: Location: U-2002-02 Support Systems Homes 10567 Gienview Avenue Use permit to allow a six-bedroom residence to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right. Planning Commission decision final unless appealed Staff presentation: Mr. Peter Giili, Associate Planner, distributed a written communication received relative to the application. The video presentation reviewed the application for a use permit to allow a congregate residence with 16 occupants where 10 occupants are allowed by right. The subject residence, Glen View Manor, is used as a certified drug free living environment by men convicted of, or plead guilty to, non-violent drug charges. Potential neighborhood impacts include parking, noise and crime. Other issues include occupancy load and fire codes. The City Council adopted a guideline in 1995. that directs the Planning Commission to grant use permits for congregate residences exceeding 10 persons so long as specific ordinance requirements are met unless the Planning Commission finds that the proposed occupancy would constitute a direct threat to the health of other individuals or would result in substantial physical damage to the property of others. Staff recommends approval of the application. Planning Commission decision is final unless appealed. Mr. Giili stated that it was conditional use permit to allow a congregate residence to exceed the 10 person limit allowed by right; the applicant is requesting 16 residents, two of whom are resident managers living on the site. It was noted that if the application is denied, it would not remove the drug free living environment, but would only reduce the occupancy to 10 persons. Mr. Gilli reviewed the state and federal regulations relating to the accommodation of drug free living environments and the City Council Action of 1995 and City Ordinance No. 1688. Mr. Gilli reviewed the enumerated requirements, including occupancy load, conforming with zoning, building and fire codes, "direct threat" and substantial physical damage. He addressed the issue of noise complaints from the neighbors, noting that the neighbors were advised to notify the code enforcement or sheriff of instances when they occur so that there would be evidence to support the neighbors' claims that there is potential for direct threat. The managers of Support Systems Homes have indicated they will work with the neighborhood to address perceived problems. Staff recommends approval of the application subject to the conditions in the model resolution addressing parking, correction of two zoning code violations, and final written approval from the county fire department; and also that there be a one year review of the application. If the neighborhood is able to provide more evidence, after the operation has been in effect for a full year, then the Planning Commission will have the opportunity to either add further conditions or even discuss lowering the occupancy numbers. Minor changes staff made to three of conditions include: Condition No. 2: one year review wording change; Condition No. 3: a sentence was added relative to residents with cars; Condition No. 6: address County fire approval in two weeks rather than 30 days. Mr. Gilli noted that the applicant was concerned that the fees associated with the application were excessive. Mr. Gilli answered commissioners' questions regarding the application. Relative to the review period of 6 months vs. one year, he clarified that a six month period would allow the operation less time to be present but allows the neighborhood a quicker opportunity to come back to the Planning Commission. If noise or behavior disturbances are reported to the sheriff or ex>de enforcement and Planning commission Minutes 4 May 13, 2002 a record is made, then the Planning Commission can review that and rethink its findings on approval, either to reduce the number of occupants if they believe there is a connection between the number of occupants and the complaints, or go so far as to revoke the use permit, which would require the occupancy go back to 10 persons. The condition rel~tive to the state of the garage was discussed. Mr. Gilli said that the condition could be modified to include wording that the garage must be maintained free and clear. Mr. Jeffrey Janoff, Attorney for Support Systems Homes, explained the background of Support Systems Homes, noting that it has been in existence for about 12 years, with approximately 20 homes in Santa Clara County. He said the District Attorney's office certifies the home, which is important for the neighbors to recognize; and the DA has certain guidelines they have passed which are the basis for certification. It is a closely monitored program with access to a phone number for the neighbors to use for any complaints or concerns. He said there was a meeting set up by a neighbor in Cupertino library to discuss the application, and Support Systems attended along with the DA; but no neighbors showed up. He said the organization has made an effort to meet with neighbors, and want them to understand and be part of the process to alleviate concerns and fears about the process. He said it was a clean and sober environment of men working to get back into the community to be well respected members of society; and they are not using controlled substances. If the rules are not followed, they cannot remain in the program. Mr. Janoff said that the city ordinance states that the application for use permit shall be granted if the enumerated requirements are met; and the staff report noted those requirements have been met in this case. Relative to the fee issue, he said as a rule in the City of San Jose, there is no requirement because they operated under reasonable accommodation; for a group of disabled persons as defined by law, there is no charge to live in a house as a family. Mr. Janoff and Mr. Kevin Richardson, Director of Support System Homes, answered commissioners' questions regarding operation of the residence, and program rules. Mr. Richardson explained that the program participants were recovering alcoholics and addicts, but were not permitted any addiction recovery drugs or mood altering drugs. Mr. Richardson said that the process for notification of neighbors included certification from the District Attorney's office, and the posted 800 phone number and notification to the neighbors once they are settled in. He said in this case they were in the midst of the process with San Jose and hadn't had full certification, and had not yet met with the neighbors; and in the meantime, the neighbors had already had a meeting because a few of the program's residents had attended the meeting. They set up another meeting which they felt was a good opportunity to present the program. He said that in the future they were willing to have a neighborhood meeting with the residents. Chair Con' opened the meeting for public input. Mr. Jay Preston, 10465 Gienview Avenue, expressed concerns about the traffic impacts from 16 residents and 7 autos at the facility, and the excess congestion and noise that the facility would present to the neighborhood. He said some complaints already had been logged. He said his main concern was that the home was a commercial business operating in the neighborhood; and he felt the covenants developed when the houses originated 40 years ago, were important. Although the covenants are not part of municipal law they are important because they define the purpose of the neighborhood and set expectations of people living in the neighborhood, that someone would not operate a wood working factory in their garage or build a shed up against the neighbor's fence, or make excessive noise, etc., which is a framework for the neighborhood, and anyone moving in the neighborhood should respect that. He said Support Systems Homes operating a commercial enterprise in the neighborhood is not within the spirit of those covenants developed over 40 years Planning Commission Minutes s May 13, 2002 ago. He pointed out, as mentioned earlier, having a right to house 10 residents is predicated on this being a facility for non transient residents, Mr. Preston said he was not certain that meets the requirement of non transient residency. Mr. E. Conens, 10480 Pineville Ave., voiced his objection to the situation and how it was handled, stating that they did not receive any notice of the operation starting; but just received notice in the mail that the applicant wanted to increase the residents from 10 to 16. He said they were permitted 10 residents, but already had 11 in the home; they were allowed 7 cars, but when he went by last evening, there were no cars in the driveway. He noted the home was in a single family area, and if he had wanted to move in by a jail or hospital, he would have bought a house elsewhere, not in the Cupertino neighborhood. Mr. Conchs pointed out that the group home was 3/10 of a mile from a grammar school and two parks, which was not appropriate. He voiced his anger that other speakers had 17 minutes to address the commission and he was permitted only three minutes. He said the home was for a single family and the group home was inappropriate in the neighborhood. Ms. Sun-Hwa Kim, 10575 Gienview Avenue, said she only became aware of the group home when her house was burglarized in February. She said they were already misusing the house, with more than 10 people residing in it. She expressed concern for her family and home safety; and said that if the traffic increases, their safety will decrease. She said she worked for the jail system and was familiar with drug users and DUI persons and how they will sacrifice anything for drugs. She questioned how three cars could be parked in the driveway when the driveway was wide enough for only two cars. She said that she feared for her family's Safety. Ms. JoAnn Olah, 879 Brent Dr., said she had lived in the neighborhood for 33 years and word passes throughout the neighborhood quickly. She' said that when she received notice of the meeting, she was out in her neighborhood informing everyone and also those across the street out of the chosen circle of notification. She said she objected to the way it was handled, and was amazed at how suddenly they were informed about their application to increase the number of residents, because they were not even aware that the group home was in the neighborhood until the recently burglary and the sheriff's department inquired about their permit. Ms. Olah said that the neighborhood was a residential neighborhood, not one for commercial business. She pointed out that the square footage available for each person sharing a room in the home was smaller than a jail ceil. She said she did not feel the residents were bad people, but the living situation would create tension along with their other problems they were confronted with. She concluded by stating that she felt it was handled in an irresponsible, unprofessional way and was poorly approved by the City Council. Mr. Victor Johansen, 6657 Clifford Dr., said the Planning staff recommended the approval of a use permit allowing a congregate residence to increase its occupancy from 10 to 16. The staff report identified the following neighborhood issues: parking, noise and crime. He said looking at the neighborhood norms and comparing them to the congregate residence, the allowance of 7 cars would be 2 to 3 times the neighborhood norm for parking and traffic. The enforcement of the 7 car limit would be let~ to the corporation managing the facility; and he said he felt it was a community risk to have a corporation policing anything that could have an adverse affect on the profitability of the organization. He said occupancy is also a factor affecting both noise and crime. Staff states there is no evidence that either the crime rate nor the noise rate would increase with the addition of 6 occupants, which is counter-intuitive; there have already been community complaints of noise; there has been an unresolved burglary in the area; the occupants of the residence in question have or have had problems with drug or alcohol or both. He questioned if they were to believe that the crime rate among the selected population is going to be the same as in the neighborhood as a Planning Commission Minutes 6 May 13, 2002 whole? He said he wished the recovery rate could be 100%, but it was stated to be about 55%. Mr. Johansen said that 6 additional clients in the facility could only increase the risk of parking problems, noise and crime in the neighborhood, and the neighborhood risk was already high at 10 residents. He urged the Planning Commission to reject the staff's proposal, limit the occupancy to 10, and the number of permitted autos to 5. He said he felt the only person that would be hurt by that would be the profitability of the corporation running the site. Mr. Shirish Neike, 10559 Gienview Ave.., urged the City Council to use common sense in making a judgment and look at the recommendations from a common sense point of view. He discussed four issues raised in a meeting with Mr. Gilli of the Planning Department staff. He said that there was an incident of drug use in the neighborhood that was not included in the report nor acknowledged. Staff said it was not reported to the police, but it is not included in the report. There has been a report of excessive noise and loud profanity going on as long 40 minutes in the neighborhood; that has not been reported. This was dismissed by saying that arguments are common within the city, however, he said they don't feel that addresses the issue. If there has been an incident of loud noise and profanity, that is not showing up in the report. Mr. Neike referred to the clause which staff says there is no evidence that allowing six additional residents results in significantly more noise than 10 residents. He questioned what evidence was needed to show that 16 people will make more noise than 10, and said they would gladly provide that evidence. He said there have been reports that the residents have been violating not just the spirit of the law, but the courts. They have also been parking their cars in a different area just to make sure they abide by the restrictions. Mr. Yudon Sun, 10580 Glenview Ave., emphasized that the location of the house was only 2 or 3 minutes on foot from Ethan Elementary, and that four streets converge on Glenview Avenue, with the children from these 4 streets passing in front of the house each morning. He said the extra traffic caused by the extra 6 people will exacerbate the already precarious situation. He pointed out that he felt were errors in the staff report. He questioned how to move the cars around on a daily basis. He noted that the report stated the facility does not provide treatment or counseling, yet the Support Systems Homes website in their mission statement says they effectively treat individuals and also provide counseling. Also in terms of non transient occupancy mentioned in the report, in the municipal code there is no definition of transient. An average stay of 6 months is clearly transient, therefore the location of the house, extra traffic, hygiene problems, would pose a series of threats to the children walking to school daily. The report also states there is no evidence linking specific residents in the house to a particular crime; however, he said he felt statistics would indicate that extra people with certain backgrounds do increase the crime rate. Mr. Robert Harrison, 10536 Davison Avenue, asked if they were non profit or profit organization; the response was both. He said he found it interesting they wanted to have the fee waived when they were, also a profit organization. He said that as a resident of the neighborhood he went through the Planning Commission and had to pay the fee for a house addition. They claim to be a sophisticated organization, yet suddenly appeared in the neighborhood, did not contact the residents, and it wasn't until after the robbery incident in the neighborhood, that the neighbors found out the home was a drug/alcohol rehab center. He said he considered himself a compassionate person and wanted the people to get help. He questioned why a vote had to be taken on increasing the residents to 16 when they had not contacted the neighbors before, and they already had more than the limit living in the home. He suggested leaving the number of residents at 10 and reviewing it in a year. He asked for clarification whether the issue was to allow a rehab center or to increase the number of residents to 16. Chair Corr clarified that the issue was increasing the number of residents to 16. Mr. Harrison urged the decision to be to leave the Planning Commission Minutes ? May 13, 2002 number of residents at 10 and let the organization prove themselves first if they wanted to increase the number of residents to 16. Mr. Michael Cox, 10341 Glenview Ave.~ said that Cupertino i~'a diverse community with cultural differences, and he believed it was a wonderful place to live and raise a family. Cupertino has long since established itself as being a cultural melting pot; it is the union of different beliefs, attitudes and cultures that has enriched the community. He said the residents of 10567 Gienview are recovering from substance abuse, trying to improve their lives by living in a clean and supportive environment, and trying to reclaim their humanity and working hard to become productive members of the society. They are trying to improve their situation just like the thousands of other people representing the many cultures, customs, religions, and beliefs who have come to Cupertino before them. He said when driving by 10567 Glenview almost daily, the yard is always neat and tidy, there are no abandoned cars or eyesores to complain about. Mr. Cox said that he wanted to reside in a community of good neighbors, a community that acts with a conscience, and that reaches out to help those in need, especially those who are trying to change their lives for the better. He said they needed a community that doesn't tolerate unjustified accusations or allow fears about particular groups to evolve into discrimination. Cupertino is a community built on diversity and acceptance and the country has grown to what it is today because of this open mindedness. He said he felt the small number of Cupertino residents opposed the proposal not out of facts, but out of fear. He said the residents of 10567 should be held accountable to the same laws as everyone. He said if the only question is whether or not to permit the number of residents be increased to 16, that they vote with their actions that Cupertino really is a great place to live. He concluded by stating that he was in favor of allowing 16 residents in the home. Ms. Linda Sanders, Cupertino resident, said she was not opposed to having 'the house in the neighborhood, but was opposed to increasing the number of residents beyond 10. She questioned if the 10 persons included staff, who sponsored the home, who owns the home, how do the residents get to their jobs if there are only 7 cars for 10 people? She also questioned the program relative to counseling. Ms. Sanders said she had concerns for the neighborhood and did not feel one evening of discussion would address all the concerns. She said there was also discussion about a one year inspection. Mr. Jerrold Keating, 10370 Lindsay Ave., expressed concern about the previous item which involved a business and the current item which also involved a business. He said in the previous item, the firm operating out ora commercial location is being requested to limit to 10 patients per hour, and the group home application is a business in a residence in the city of Cupertino with a limited occupancy of 10 persons. He said that according to ADA a reasonable accommodation is the effort that should be made and allowing be in the home and operate it as a business in a residential area is a reasonable accommodation. Mr. Robert I!o, 10620 E. Estates Dr., said he had not heard about the "hotel" down the street and was concerned that no one informed him. He expressed concern about the traffic and reported to the sheriffs depa,~unent about people running red lights, and the sheriffs department in turn caught offenders. He said he was also concerned about the small children living in the area of the corner, and playing on the street. He said he was also concerned about people making mistakes at the cost of children's lives, and didn't want the mistakes happening in his town. Ms. Vaughn Marie Rodriguez, resident, said that because of the close proximity of the residence to schools and parks and the number of small children in the neighborhood, she wanted assurance that the residents were also screened for non violent sexual crimes and notification provided under Planning Commission Minutes s May 13, 2002 Megan's Law. She wanted assurance also that the police department was keeping close watch on the transient residents. She said the home is on a T-intersection and is also a two story home within binoculars' view of 3 day care homes. She said she was supportive of the group home, but not in her neighborhood. She said she felt the owner/managemEnt did not understand the nature of the community when they brought in this type of program. She said previously an adult care home occupied the residence, but the program was for disabled persons and the neighboring residents did not complain about them. She said the present residents of the home were disabled by choice with drugs and alcohol, and it was not revealed that there were also recovering addicts living in the home until a member of the Planning Commission asked, which is another example of omission of information on the part of the applicant. Ms. Litai Weng, 10599 Glenview Ave., said that she owns a rental home in the neighborhood and the tenants of the home were upset about the situation as they were not aware of the residence prior to moving in. She said she was concerned about young girls in the neighborhood and the small children. She questioned if a full disclosure of the presence of the group home was required when renting or selling the property, and questioned the potential loss of property value. Ms. Weng said that having additional residents in the home with only 2 restrooms may create potential problems. She expressed concern about a smoking area for the residents either in the front or back of the home after the garage was not available for the smoking area; and also questioned the issue of number of cars and the home residents wandering around the neighborhood. Ms. Janis Henry, 6728 Clifford Drive, concurred with the other speakers who were opposed to the group home and said they would have put a stop to it before it occurred, if it was in their hands. She said when the home opened in January they did not tell the city they were operating a business at that time; it was not until a burglary occurred in the neighborhood that the police investigated and asked for the permit. She said while applying for the permit, they asked for an increase of 6 people. Ms. Henry said she was concerned about petty crime in the area and noted situations occurring. She said it was not a free and open establishment, but a controlled establishment providing the neighbors complain. Mr. Sudhakar Patibandla, 10461 Gienview Ave., said if the organization running the home was honest and willing to provide needed support to the recorded process, they would not have asked for more than 10 people in the first place; more than 10 people will create more problems and increase problems. He questioned their honesty in going through the process with other cities, and why they did not check with the city of Cupertino about their limit or need for a permit. He questioned how they would provide evidence a year later; random drug checks are conducted by the organization itself; and what would happen when the home is no longer a drug free environment, will they close the business or remove the resident from the home? He recommended not to sanction the use permit for more than 10 residents and also put random checks from either the city or county more regularly, not just trusting the organization itself, since it is not a non-profit organization. Mr. Thomas Ma, 10607 Glenview Ave., said he felt the neighbors' reaction was not fear, but reality. He said recently there was a driver driving fast and making a u-turn in the neighborhood which was not the norm for the neighborhood and an indication of something happening in the neighborhood. He referred to the language in the staff report "direct physical damage" and said he felt that the existence of the home could not cause direct physical damage to another home, but that it had a negative impact on the rental and resale value of the homes in the area. He suggested that staff clarify the definition of direct physical damage. Planning Commission Minutes 9 May 13, 2002 Chair Corr closed the public hearing. Mr. Janoff answered questions raised during the public input period. He said that the participants in the program are screened by Support Systems Homes, the DA, and the court system, and there are no sex offenders in the program. He said that financial support is from a variety of areas including private paying individuals, Santa Clara County contracts, and DADS. He said the financial aspect of the program was an operational issue and did not have any bearing on the application. He said that the disclosure of the existence of the group home was not a legal requirement when renting property or selling property in the neighborhood. He pointed out that it was illegal to ask about the existence of such a program in such transactions. He noted that the group home residents were all adult age. Mr. Giili noted that the city permitted home occupations in residential neighborhoods; however, the Support Systems Home is not considered a home occupation. He clarified that it was a house being subleased by the Support Systems Homes and they are collecting rents from the occupants. Com. Auerbach noted that there was not a definition of transient and questioned if staff had made a ruling using the term where some sort of time period of occupancy was implied. Mr. Piasecki said he was not aware of any, and there might be a reverse situation where we might approve a hotel and want to ensure that they are not staying there as an apartment house. Mr. Gilli noted that there was not a requirement of how many cars can be parked on the street per residence, but there was a restriction on how many cars parked on the property without a development approval, four unless there is a larger lot or the development review process is used. Com. Auerbach said that it was a difficult decision; and that it was important to understand that there has to be findings of fact, in some cases that' may contradict common sense, but they are required. He said it was important to note that the ordinance states that the city "shall" permit this kind of use. Having gone through the General Plan page by page, with all the things said that are in the city that are listed as may, the ordinance states "you shall, unless you find any of these other findings against this" and he concurred with staff that it is not possible to find against this. He said that he did have concerns; including questioning the ordinance that provides 16 people with only 2 bathrooms, which is not impossible, but seems like a particular burden and 16 people in general versus 10 seems like essentially not in character with the neighborhood. He said he felt the ordinance was clear and without any findings, that is in and of itself deleterious, especially by contrast to 10 people; is 16 going to be any different; he said he did not feel they could find that it is significantly different. Com. Auerbach said there were many points brought up by various people, and he felt if it was a different facility, these complaints would not be brought forward. He said it was his opinion that the complaints are related to the fact that it is a rehab facility and not some other kind of facility like a large extended family, or preschool. He said there has to be a certain presumption of innocence and as Chair Corr mentioned, if after a period of a year, there is substantive evidence in the form of reports that say that this has turned out to be a real problem and a threat to the neighborhood, then there may be other grounds for different findings, but in this case most of these are simply things that would exist in neighborhoods. He noted that recently a window in his home was broken in the early morning hours and he considered it a random act; it is easy to want to assign the acts to some facility in the neighborhood but without hard evidence it is impossible to make that determination. Noise and profanity, certainly barking dogs and domestic quarrels are part of most neighborhoods. He said he also felt it relates to the backyard noise issue; why is using metal weights in the backyard any more objectionable than someone using a circular saw or somebody using a leaf blower or some other noise in the back yard. Com. Auerbach said that the public street is exactly that, a public street where people can park; there are limitations to that but they can certainly park on the public street, it is not a private driveway. He said he felt it Planning Commission Minutes 10 May 13, 2002 was true that the operation has made some mistakes in judgment in terms of coming into the community and he hoped that they will try to rectify that with more outreach to the community. He said he felt they could not make any correlation with density to crime; the crime statistics have been decreasing since 1992, Cupertino is a safe community. He, aid it was likely there was quite a percentage of DUI offenders in the neighborhood already and unlike the presence of the group home, they won't have the dire consequences of being kicked out of a program if they drive home inebriated one night. He pointed out that the current President had an alcohol problem, so it is important not to prejudge people on the basis of a home they are in or a program they are in; as a state we have lead the way in terms of moving drug and alcohol abuse issues from a criminal act to one that we now regard as a disability and it is something we did as a state, and to say that you are that compassionate view but then not allow the facilities necessary to implement that program in your neighborhood is really tantamount to not really supporting that program. Those are the things we as a society have to take under our wing, we can't just have communities of people like ourselves. Com. Auerbach said he agreed with everything Michael Cox said with regard to supporting diversity of all sorts in our neighborhood, and he saw it as just one more form of diversity. He said they should be subject to the same fees for residential use. It is common for organizations doing charitable works in the community to receive exemptions from some fees from the City Council, but he did not feel the Planning Commission should grant that here. Com. Chen there was no clear definition of residential use for non profit or profit organizations, and was uncertain whether the home qualified as residential use with conditions and there were no grounds to make the decision that it is commercial use in a res'identiai neighborhood. Relative to the definition of transient or non-transient, she said it was her opinion ifa resident moved in with a goal to move out as soon as possible, that should qualify to be non-transient, but again there is no clear definition. She recommended a condition be included for the applicant to prove that it is in compliance with state code to have at least basic standard facilities to house as many people in a small area in a single family neighborhood. Relative to traffic issues, she said that the speeding cars in the neighborhood would be a traffic calming issue different from the usage of this particular residential home. She said that the issue was to approve or deny the residential home above and beyond the 10 occupants. She said that 16 was too many, but did not feel there were reasons to not support the conditional use permit. She said the fee has to comply with the city code and the applicant should be required to pay it. Com. Saadati said the fees should be applicable; if it is a purely non profit organization and that funding will go back to help some others to get over drug addiction, it is a cause all the community would agree with. As far as 10 or 16 people living in a home, he said he grew up in a large family of 10; 16 people in a home does not seem to be consistent with any homes in the area or anywhere in Cupertino. He said it was unfortunate that there is an ordinance that permits more than I0. He said he empathized with the neighbors as they had valid concerns. Com. Saadati said he felt it does have an affect on the property value and rentals as prospective buyers drive by neighborhoods for the ideal home. He said that he felt ali had a responsibility to help those who are not productive in the community to help them become assets to the community and add to the future by going through rehabilitation and becoming productive and at this point he said it was his opinion that they should hold on to the approval beyond 10 residents and wait a certain period of time and come back and reevaluate based on the neighbors' feelings; the neighbors have certain rights. It is a program that benefits everyone and although everyone has the responsibility to help, the neighbors have certain fights; and they should have been contacted and informed and there needs to be a good neighbor policy. He said he did not feel the good neighbor policy was pursued by the organization. Com. Saadati said he was hesitant to approve the increase to 16 residents at this time, but that it should be reevaluated at a later date. Planning Commission Minutes l I May 13, 2002 Chair Corr said the ordinance specifies "sba//" which specifies more than 10 residents may be allowed given these situations and there is no evidence other than what might happen or that the supposition that something could happen; hence there is 3o basis for denial; and he felt comfortable voting in favor of the application. However, it is important some things occur. One is that the organization work with the neighborhood to help them learn about the program, and establish contact with them; which will be a more difficult job at this time because it wasn't done in the beginning. Relative to the resolution, Chair Corr said that he felt it should be included that the garage must be cleared out and maintained free and clear to allow those vehicles to park in there, not just good enough to clear it now and move on. He said he supported the idea of reviewing it in a year to see the progress, and encouraged the neighbors to report incidents to the sheriff or to code enforcement so that they can be recorded, so that it is not just a case of hearsay. He said that he felt the fees are appropriate and should be paid. Mr. Piasecki clarified the wording proposed by Com. Chen, labeled "housing code ... the applicant shall demonstrate compliance with the State Housing Code including but not limited to the adequacy of the bathroom and kitchen facilities to accommodate 16 persons in this residence." Mr. Gilli also noted inclusion of the modifications to Condition 2, Condition 3 and Condition 6 as discussed earlier in the application outline. Ms. Eileen Murray, Assistant City Attorney, clarified the business operations would not be restricted during the compliance period. MOTION: Com. Auerbach moved to approve Application U-2002-02 with modifications discussed There was a brief discussion about including a condition relative to the applicant holding neighborhood meetings. Mr. Janoff said they were willing work with the neighborhood residents, but felt it should not be a specified condition of approval. Mr. Piasecki clarified that language could be included that the applicant is strongly encouraged to conduct a neighborhood meeting within 30 days. Com. Chen concurred, noting that it would provide the opportunity for the organization to meet the neighbors and better inform them of the organization. Com. Auerbach withdrew his motion and presented a new motion. MOTION: SECOND: Com. Auerbach moved approval of Application U-2002-02 including a condition that the applicant is strongly encouraged to meet with the neighbors within 30 days. Com. Chen Mr. Gilli clarified that the code enforcement condition was worded so that they have 30 days from the final approval since the project may be appealed which could take another two weeks, so it would be recommended that it be 30 days from the final action. Mr. Piasecki clarified the action is final on the pan of the Planning Commission unless it is appealed within 14 calendar days of their decision. Any person in the audience or applicant if they are not satisfied with the conditions, may appeal it to the City Council; it will be agendized for the first available City Council meeting at that point. NOES: Com. Saadati VOTE: Passed 3-1-0 CITY OF CUPEI INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Meeting Date: June 17, 2002 SUBJECT AND ISSUE Discuss and Adopt the 2002/03 Budget/Capital Improvement Projects (CYP). BACKGROUND The purpose of tonight's heating is to give the public a final opportunity to comment on the proposed 2002/03 budget before City Council takes action. An in-depth review of the budget was presented to City Council at budget work sessions on May 28 and June 3 and a public hearing was held on June 3. Council discussed the general fund financial position, reserve levels, debt refinancing/issuance, departmental operating budgets, proposed programs, increased revenue enforcement and the five-year capital improvement program. RECOMMENDATION Staff recommends the following course of action for tonight: 1. Receive public comments 2. Complete Council discussions and make final decisions in the areas of: New Programs Debt Refinancing/Issuance ,/ Increased Revenue Enforcement ,/ Proposed Reserve Levels ,/ 5 Year Capital Improvement Projects 3. Grant a negative declaration 4. Adopt Resolution establishing an operating and capital budget for fiscal year 2002/03. 5. Adopt Resolution establishing an appropriation limit for fiscal year 2002/03 Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager PROPOSED PROGRAMS Proposed programs for the 2002/03 budget include: Walkability Modifications Mobile Skatepark Translations Services Teen Commission Teen Website New Programs - Funded $100,000 $88,585 $30,000 $12,218 $3,000 Funding Source: Funding Source: Funding Source: Funding Source: Funding Source: General Fund General Fund General Fund General Fund General Fund New Programs - Not Yet Funded High Priority: Senior Center Bilingual Intems Multi-Lingual Health Fair Lunar New Year Parade Teacher/Senior Housing Rental Program Sheriff Substation at Quinlan Center Sports Center Child Watch Program $12,100 $4,000 $10,000 STBD STBD $28,000 Funding Source: General Fund Funding Source: General Fund Funding Source: General Fund Funding Source: RDA Fund Funding Source: General Fund Funding Source: Sports Center Medium Priority: We Value Youth Program Lunar New Year Parade $7,500 $10,000 Funding Source: General Fund Funding Source: General Fund Low Priority: Senior Shakespeare Camp Jazz Bands for Jazz Concerts $8,50O $2,400 Funding Source: General Fund Funding Source: General Fund Not Funded: Parks & Recreation Citizen Survey $20,000 Funding Source: General Fund New Quote for Consideration: CUSD Field House Partnership $37,000 Funding Source: General Fund Existine Proerams - Change in Fundinu City to fund one Youth Probation Officer and one School Resource Officer in partnership with Cupertino Union School District and the County of Santa Clara. PROPOSED PROGRAMS Proposed programs for the 2002/03 budget include: Debt Refinancing/Issuance Staffproposes to: Refinance our current debt and extend the maturity date to 2030. In addition, we propose to eliminate the bond reserve and use the $5 million dollars towards the New Library project. In lieu of the reserve, the city will apply for bond insurance. 2. Issue new debt for the following Capital Improvement Projects: Library $5,000,000 Sale of Property in-lieu 5,000,000 Animal Shelter 665,000 Increased Revenue Enforcement Staffproposes to increase revenue enforcement in the following areas: 1. Transient Occupancy Tax: Assess TOT tax on apartment complexes with "guest units". 2. Business License Tax: Assess a business license tax on vendors selling at the DeAnza Flee Market, Farmers Market and various Community Festivals. 3. Implement a non-resident fee for use of the mobile skate park. 'DRAFT RESOLUTION NO. 02-118 '~ i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2002-03 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the following sections as a part of its fiscal policy: Section 1: The estimates of available fund balances and anticipated resources to be received in each of the several funds during fiscal year 2002-03 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2. There is appropriated from each of the several funds the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3. The City Manager is hereby authorized to administer and transfer appropriations between Budget Accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4. The Director of Administrative Services shall prepare and submit to City Council quarterly a revised estimate of Operating Revenues. Section 5. The Director of Administrative Services is hereby authorized to continue unexpended appropriations for Capital Improvement projects. Resolution No. 02-118 Page 2 Section 6. The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Mayor, City of Cupertino City Clerk RESOLUTION NO. 02-119 "DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CORRECTING AND READOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2001-02 AND ESTABLISHING AN .~.PPROPRIATION LIMIT FOR FISCAL YEAR 2002-03 WHEREAS, the State of California has adopted legislation requiring local jurisdictions to calculate their appropriation limits in complying with Article XIII B; and WHEREAS, said limits are determined by a formula based upon change in population, (city or county), combined with either the change in inflation (California per capita income) or the change in the local assessment roll due to local nonresidential construction; and WHEREAS, the local governing body is required to set an appropriation limit by adoption of a resolution; and WHEREAS, the appropriation limit for the City's fiscal year 2001-02 has been re- calculated and should be readopted at the corrected amount of $49,883,140; and WHEREAS, the city population percentage change over the prior year is 2.89%, and the California per capita personal income change is -1.27%. In computing the 2002-03 limit, City Council has elected to use the city population percentage change, and the California per capita income change was used, but the Council has a right to change nonresidential assessed valuation percentage when the figure is available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves a 2002-03 fiscal appropriation limit of $50,672,938. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June 2002, by the following vote: Vote Members of the Cit~ Council AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Mayor, City of Cupertino City Clerk CITY OF cu e no City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 AGENDA ITEM PUBLIC WORKS DEPARTMENT Summary AGENDA DATE June 17~ 2002 SUBJECT AND ISSUE Report and evaluate various capital projects and identification of options for the funding of the Capital Improvement Program (CIP) for FY 2002-03. BACKGROUND FY 2002-2003 Budget Review On June 3, 2002, the Council in conducting a workshop on the 2002-2003 Capital Improvement program and Operating budget noted several under-funded projects that have been considered priorities during budget deliberations. These included the Four Seasons Comer Park and Plaza Improvements and Walk-ability Improvements as recommended by the Pedestrian Transportation Guidelines approved by the Council on April 15, 2002. There were also a number of smaller programs and projects which are not funded in the proposed 2002-2003 Budget. In evaluating options and trade-offs, the Council expressed an interest in, among other things, the possibility of deferring several projects currently proposed in the 2002-2003 CIP. The projects specifically cited by the Council to be considered in the final evaluation of CIP included the following: Mary Avenue Crosswalk/Parking $300,000 DeAnza/Stevens Creek Crosswalks $200,000 Skate Park $440,000 In addition the Council discussed the potential for deferring or otherwise relinquishing the contract for the Stevens Canyon Road project, thereby freeing up the balance of the funding to apply to the under funded projects and/or others. The Council requested that Staff evaluate the implications of these opportunities and to report back to the Council on June 17, 2002 so that these ol~tions could be considered in adopting the 2002-03 Capital Improvement Program. DISCUSSION Staff has reviewed the options and implications of either deferring or reducing the scope the projects noted above by the Council and a discussion each follows below. Mary Avenue Crosswalks/Parking - $300,000 On December 17, 2001, the Council conducted a workshop to define the scope of a project to increase parking oppommities at the Senior Center, to provide an enhanced crosswalk across Mary Avenue fi.om the Memorial Park Driveway to the Oaks Shopping Center and to provide traffic calming revisions to the street itself fi.om Stevens Creek northward to the Entry to the Glenbrook Apartments. Following that discussion staff proposed a budget of $300,000 in FY 2002-2003 for construction. Since that time, staff has been working with a landscape architect to develop the project for construction in the fall of 2002. Also, on May 5, 2002, the Council approved several revisions in parking restrictions for the extended Senior Center/Memorial park parking lot and established permit parking for the Senior Center on a portion of Mary Avenue adjacent to Glenbrook. The Senior Center staff reports that these revisions that are now in effect have virtually eliminated the parking problems at the Senior Center. Since the parking issue has all but disappeared, one of the options available to the Council would be to either reduce the scope of this project or drop it altogether. Staff would suggest that the crosswalk portion of the project should be completed so that seniors, festivalgoers and others have a more convenient and accessible crossing between the park and the Oaks Center. It is estimated that crosswalk work could be competed for less than $100,000. Therefore the Council could reduce the scope of the work and fi.ee up $200,000 of General Fund money to support other projects. Possible Funds available $200,000 De Anza/Stevens Creek Crosswalk Enhancements - $200,000 As part of the Four seasons comer project concept, it has been proposed that the crosswalks in all four directions at the intersection of Stevens Creek Boulevard and De Anza Boulevard be reconstructed using paving materials which emphasize this intersection as a central feature of the City and provide a more defined area for pedestrians crossing these wide streets. Since these crosswalks are essentially cosmetic enhancements to complement the Four Seasons comer when the improvements are completed adjacent to the Cypress Hotel and the Verona AparUnents, rather than safety features, this work could be postponed without precluding its ultimate completion as a separate project in the future. To do so would make available $200,000 in General Fund money. Possible Funds available $200,000 Skate Park - $440,000 Funding for the Skate Park had originally been proposed in the FY 2001-2002 CIP as a "placeholder" until decisions had been made as to its ultimate disposition and location. Discussions had been underway with Compaq, Inc. to construct a skate park on a portion of its property and consideration for a skate park in conjunction the sports center project were both options under consideration at the time. Since that time, the Council has approved the purchase of a "mobile" skate park facility that is now in operation as it moves to a variety of locations within the City and is being used by skaters at each location. Further, the availability of the Compaq site has not been determined because of the recent merger with Hewlett-Packard. The Council may wish to free up the funds currently proposed in the FY 2002-2003 CIP for the permanent skate park, since, at least some portion of the demand for this facility is being met by the mobile skate park. As there has been no expenditure of these funds to date, the entire amount of $440,000 could be made available for other projects in the CIP. Possible Funds available $440,000 Stevens Canyon Road Project - $1,200,000 FY 2001-2002 On November 19, 2001 the City Council awarded a construction contract for the Stevens Canyon Road Project to the low bidder, O.C. Jones & Sons, Inc. in the amount of $972,629.10. A construction contingency of $100,000.00 was also approved for unforeseen conditions and additional work as required during the course of the work. In addition the Council approved an additional encumbrance for engineering and construction management services by the project engineering consultant, Brian-Kangas- Foulk in the amount of $158,735.00. Since that time, the project, although awarded in November, did not proceed directly to construction. As the Council was advised, there were still some property and right-of-way issues remaining and the City and contractor mutually agreed to defer construction until the spring, at which time, a notice to proceed could be issued. All property issues have now been resolved and the Council had approved an agreement with Santa Clara County for the acquisition of several pieces of rights-of-way to allow the project to proceed in the vicinity of the Stevens Creek County Park. This contract included compensation for County services of approximately $20,000. The City Council approved $1,200,000.00 for this project in FY2001-2002 as part of the adopted Capital Improvement Program. Project Scope The project consists of reconstructing various portions ofth~ roadway section fi.om Santa Lucia Road to the northerly entrance to Stevens Creek County Park, a distance of approximately 1.4 miles. The design calls for establishing and constructing as necessary of a uniform 32 foot cross section of roadway, consisting of two twelve foot traffic lanes, four foot shoulder paving on either side, along with several minor drainage structures and several reaches of guard railing on the downhill side, as well as two minor retaining walls, one each on the downhill and uphill side. Replacement paving occurs intermittently along the limits of the project where changes in the cross section slope or additions to the shoulder are required. About 30% of the roadway will receive new pavement sections. The rest will be overlaid with a new paving layer as required. Project Benefits The project was originally conceived as a safety improvement for bicyclists, following a cyclist fatality, because of the danger posed by the quarry truck and other traffic on what is essentially a mountain road with minimal sight distances around the curves and very limited shared pavement surfaces. In addition the configuration of the topography is such that there is literally no place to go as a refuge because of the steep slope of the uphill side and the steep drop-offs of the downhill side. The original project was bid in July 2000 and the lowest bid was approximately $1.84 Million, which was approximately 35% above the Engineers estimate. Staff was directed to reduce the scope of the project to stay within the $1.2 Million budget available for the work. The current project, as modified, represents a substantial reduction in scope, and consequently significantly reduces the value and benefit of the project to meet the intent of its original conception. When completed, this roadway will not significantly improve the safety margin, refuge oppommities or sight distances for traffic of any kind on the road. Its principal benefit will be to improve portions of the pavement (thereby extending the useful life of the roadway surface), create a uniform cross section with traffic guard rails on the downhill side and to provide some minimal drainage improvements at several locations. It will still be essentially a mountain road with minimal sight distances at the curves and very little room at the pavement edges. Conversely, a principal concern is that by making these minimal improvements, it could create a false sense of security to anyone choosing to traverse the roadway section by any means other than a motorized vehicle. Even after the project is completed it does not meet minimum standards to adopt this section of roadway as a bicycle lane or even a bike route. In order to realize the savings fi-om this project, it would be necessary for the Council to terminate the contract with the consultant engineers, Brian-Kangas-Foulk (BKF) and the construction contractor, O. C. Jones and Sons, resulting in t_he following funding availability. Construction Contract Consultant Contract (BKF) Miscellaneous Specialty Contracts $972,629 100,000 45,000 Total Un-disbursed Balances $1,117,629 Account retention to close out contracts (117,629) Possible Funds available $1,000,000 CONCLUSION In evaluating the projects cited by the Council during the budget workshop, there are several choices available to the Council to shift funds from currently proposed projects as follows: Mary Avenue Crosswalk/Parking (Reduce Scope) $200,000 De Anza/Stevens Creek Crosswalks (Defer) $200,000 Skate Park (Defer) $44O,OO0 Stevens Canyon (Terminate and Defer) $1,000,000 This report responds to the Council's request for information and is intended to provide a variety of options along with the implications of any alternative courses of action to assist in the Council's consideration of the final adoption of the FY 2002-2003 CIP. Submitted by: Ralph A. Quails, Jr. Director of Public Works Approved for Submission: David W. Knapp City Manager DRAFT RESOLUTION NO. 02-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 02-087 WHEREAS, the City Council has declared that the growth of brush upon the private properties as described in Resolution No. 02-087 to be a public nuisance; and WHEREAS, after due notice, a public hearing thereon was held at the regular meeting of the City Council on June 17, 2002; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdiction over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Office of the Fire Marshal is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Fire Marshal and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties.for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such weeds or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Office of the Fire Marshal or his authorized representative to destroy or remove them. BE IT FURTHER RESOLVED: 1. That the Office of the Fire Marshal shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, heating and collection procedures involved shall be provided as stated in Ordinance No. 724. Resolution No. 02-120 PASSED AND ADOPTED at a regular meeting of the City Cupertino on the 17t~ day of June 2002, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: DRAFT Council of the City of ATTEST: APPROVED: City Clerk Mayor, City of Cupertino County of Santa Clara Environmental Resources Agency Fire Marshal's Office - Santa Clara County Fire Department County Government Center, East Wing 70 west Hedding Street. 7th Floor San Jose, Califomia 9511 O- 1705 (408) 299-5760 FAX 279-8537 May 16, 2002 Ms. Grace Johnson Deputy City Clerk City of Cupertino 10300 Torre Avenue, Cupertino, CA 95014 SUBJECT: 2002 Hazardous Brush Program Commencement Report Dear Ms. Johnson: The Hazardous Vegetation Management Brush Program Commencement Report for the year 2002 is attached. It lists properties located within your City's jurisdiction which have been identified as potentially having hazardous brush, which have been placed on our Program for inspection and possible abatement. All property owners will receive notification in accordance with the existing agreement between the City of Cupertino and the County of Santa Clara. Sincerely, Para Parker Acting Program Coordinator Hazardous Vegetation Management Attachments Board of Supervisors: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr., Liz KniSS County Executive: Richard wittenberg SITUS 22766 ALCALDE 11475 CANYON 10545 CORDOVA 10625 CORDOVA 10635 CORDOVA 10676 CORDOVA 11457 LINDY 21849 LINDY 22O41 LINDY 22081 LINDY 22821 MERCEDES 11640 REGNART 22584 RICARDO 22620 RICARDO 22570 SAN JUAN 22586 SAN JUAN 22590 SAN JUAN 22620 SAN JUAN 22645 SAN JUAN 22681 SAN JUAN 22715 SAN JUAN RD CIR RD RD RD RD PL LN LN LN RD DR RD RD RD RD RD RD RD RD RD APN 342-44-008 356-27-024 342-44-040 342-22-103 342-22-043 342-17-051 356-24-003 356-25-022 356-27-012 356-27-014 342-22-090 366-33-006 356-01-005 356-01-034 342-18-020 342-18-019 342-18-017 342-18-012 342-17-067 342-17-079 342-17-063 2002 Hazardous Veget~ ~ Management Program Brush Program Commencement Report Properties with Potential Hazards City of Cupertino OWNER RICHARD 2. & NELLIE GRACIA PT YUNG YOUNG C. KlM ROSANNA H. HO RICHARD & NANCY K. ROBERT S. & DORIS C. IOCOBS BOITANO TRUST BARRY M. & SUZETTE K. PANGRLE PHILIP ARAMOONIE 1997 ISAHAK RADA PT DECARLI DAVID R. & |ANATHA M. MCKIM GENEVA S. GUIDOTTI HENRY |. SEVERIN C/O SCC ROBERT 1. & LINDA M. KRESGE BRUCE D. & VICKI C. BEISER GABRIELE L. RICO EVA |. MULLEN HAZE T. S. & MIRIAM TABA ADDRESS 22766 ALCALDE RD 11475 CANYON VIEW CIR 22714 ALCALDE RD 10625 CORDOVA RD 10635 CORDOVA RD 10676 CORDOVA RD 11457 LINDY PL 21849 LINDY LN 22041 LINDY LN 22081 LINDY LN 22321 MERCEDES RD 11640 REGNART CANYON 22584 RICARDO RD 22620 RICARDO RD PO BOX 1708 22586 SAN JUAN RD 22550 SAN JUAN RD 22620 SAN JUAN RD 22645 SAN JUAN RD 22681 SAN JUAN RD 22715 SAN JUAN RD crrY CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO SAN JOSE CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CUPERTINO CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA ZIP 95014-3905 950144849 95014-3905 95014-3911 95014-3911 95014-3912 950144814 950144850 950144851 950144851 95014 950144830 95014-5412 95014-5447 95109 95014-3936 95014-3936 95014-3933 95014-3932 95014-3932 95014-3932 Report Date: 511612002 Santa Clara County Hazardous Vegetation Management Program County of Santa Clara Ellvironmental Resources Agellcy Fire Marshal's Office - Santa Clara County Fir(~ Dc-parmlenl Counly Government Cellter, Ea~l WJllg 70 W~SI Hedding Slre~t. 711~ Floor San Jose. California 9511 ~ 1705 (~8) 299-3~5 FAX 279-8537 Receipt for Hazardous Vegetation Management Program Brush Program Commencement Report It is necessary for the Santa Clara County Fire Marshal's Office to receive a signature acknowledging receipt of the 2002 Brush Program Commencement Report for the City of Cupertino. Please sign and mail back this receipt to the Department listed above. Please provide for posting this list for public viewing. The list should be removed from posting once the public hearing ordering the abatement of weeds, brush and rubbish has concluded. Please call (408) 299-5769 if you have any questions. Thank You. Signature ~.~,~b~-----%~. ~~,-~ ~ Date Name & Title ~ tFOLC ~ ,~IA_~ 1~ ~~ (Please ~nt) ~ [ [h),lr(I (}l .%1 [)('rvi.'.,()r~,: I )~*llal(I I: (htl4t-. I~,hlllt',l ,.\l\',thl~l~ ~. I '{~l(.' Mil h~,',4lT..hilll('?, 'l' l~('dli .Ir. C(Xlllty l~xc('uliv(~: I{l('har(I \Vill(qll~'r~ County of Santa Clara Environmental Resources Agency Fire Marshal's Office - Santa Clara County Fire Department County Government Center, East Wing 70 West Hedding Street, 7th Floor San Jose. Califomia 9511 O- 1705 (408) 299-5760 FAX 279-8537 Dear Property Owner: Your property has been placed on the Special Assessment Tax Roll for hazardous vegetation abatement services pursuant to Section 9.08 of the Cupertino Municipal Code. An assessment list, posted at City Hall, provides information regarding specific charges. Charges to your property can be located on the list using the parcel number. If you have any questions please call the Hazardous Vegetation Management Division at the Santa Clara County Fire Marshal's Office, (408) 299-5765. Your call will be returned within three business days. NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on June 7, 2002, the County Fire Marshal fled with the City Clerk a report and assessment of abatement of weeds within the City, copies of which are posted in the main lobby o the city offices. NOTICE IS FURNTER GIVEN that on June 17, 2002, at the hour of 6:45 p.m. in the chambers of the City Council said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard. Dated this third day of June 2002. Hazardous Vegetation Program Coordinator 1~,, ~,ml ;~1%Ulx-rvi~,,~)rs: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr.. Llz Kniss ( ~ ~.lll!~.' 1~x¢'¢ tltiv{.': Richard Wittenberg County of Santa Clara Environmental Resources Agency : ~'~ire Marshal's Office - Santa Clara County Fire Department ,20unty Government Center, East Wing 70 west Hedding Street. 7th Floor San Jose. California 95110-1705 (408) 299-5760 FAX 279-8537 May 31, 2002 ROBERT S. & DORIS C. JOCOBS 10676 CORDOVA RD CUPERTINO, CA 95014-3912 Subject: Brush Abatement Commencement Hearing Notice Correction APN: 342-17-051 Dear Robert J. & Linda M. Kresge: Recently you received a letter from this office dated June 3, 2002, regarding the upcoming hearing for the brush abatement program in your city. Due to a mistake in communication on the part of my office, the letter contained incorrect information. I would like to take this opportunity to apologize for any inconvenience or alarm that the letter may have caused. The intent of the letter was to give you notice of an upcoming hearing to be held cn June 17, 2002 at 6:45 PM at the Cupertino City Council Chambers. The purpose of this hearing is simply to declare dangerous brush to be a hazard, order abatement (if necessary), and g~ve you the opportunity to voice any objections to the proposed removal of such hazardous brush. This is a routine hearing process, and is required by law. To give you a little background, your property was placed on a list submitted to us by the Fire Department because at the time your property was inspected, a hazard was observed. These inspections occur in April and May, and in most cases, we find that property owners remove hazards promptly when notified by the Fire Department due to their concern for the safety of their home ,'md for the community. However, in order for the program to move forward, a hearing is required, after which a second inspection is conducted by a Hazardous Vegetation Inspector from this office. Abatement work is only ordered if a hazard still exists at the time of this second inspection. I f no hazard is observed when our inspectors visit your property, you will simply be dropped from the program. The city has been notified of this issue, and steps have been taken to ensure that it does not occur in the future. Again, please accept my apology for our previous letter. Should you have any additional questions, please do not hesitate to contact me at (408) 299-5761. Thank you. Assistant Fire Marshal Santa Clara County c: D. Mattern, County Fire Department G. Johnson, City Clerk's Office G. Van Wassenhove, County of Santa Clara Board of Supervisors: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr.. Liz Kniss County Executive.: Richard Wittenberg RESOLUTION NO. 02-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING BRUSH AND WEEDS GROWING O-N CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds and brush are growing in the City of Cupertino upon certain sweets, sidewalks, highways, roads and private property; and WHEREAS, said weeds and brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds and brush constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds and brush do now constitute a public nuisance; That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Fire Marshal; That the 17th day of June, 2002, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers in the City Hall, City of Cupertino, are hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds and brush may be heard; That the Senior Building Inspector-Fire Marshal is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the City Council AYES: Lowenthal, Chang, James, Kwok, Sandoval NOES: None ABSENT: None ABSTAIN: None AII'EST: /s/Kimberly Smith City Clerk APPROVED: /s/Richard Lowenthal Mayor of Cupertino CITY OF cu,er no City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 SUMMARY Agenda Item Date: June 12, 2002 Subject: Consider endorsement of HR 4058 to achieve parity between the immigration status required for airport employment and military service. Background: H.R. 4058, the Military Standards for Airport Security Screeners Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) require the Immigration and Naturalization Service, upon a Federal agency airport security screener-related inquiry, to verify whether an alien has an immigration status that would render such alien eligible to serve in the United States Armed Forces; and (2) state that such an alien's immigration status would not would make him or her ineligible for an airport security screener's position. Amends the Immigration and Nationality Act to provide for naturalization through active-duty service during: (1) Operation Joint Endeavor in Bosnia (such period to begin as of December 1995); (2) Operation Allied Force in Kosovo (such operation to begin as of March 1999); or (3) Operation Enduring Freedom in Southwest Asia (such period to begin as of September 2001). On May 6, 2002, H.R. 4058 was referred to the House Subcommittee on Immigration and Claims. 34 other members of congress have cosponsored the bill. The bill has also been endorsed by both the Daly City and San Jose city councils. Recommendation: Endorse H.R. 4058 and authorize the Mayor to send letters of support to state legislators and staff. Submitted by: ~ Public Information Officer Approved for submission: David Knapp City Manager Bill Summary & Status rage Bill Summary & Status for the 107th Congress NEW SEARCHI HOME I HELP H.R.4058 Sponsor: Rep Lofgren, Zoe(introduced 3/20/2002) Related Bills: H.R.3959 Latest Major Action: 5/6/2002 Referred to House subcommittee. Latest Status: Referred to the Subcommittee on Immigration and Claims. Title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Immigration and Naturalization Service to verify whether an alien has an immigration status rendering the alien eligible for service in the Armed Forces of the United States and to achieve parity between the immigration status required for employment as an airport security screener and the immigration status required for service in the Armed Forces, and to amend the Immigration and Nationality Act to permit naturalization through active-duty military service during specified military operations. Jump to: Titles, Statt~, Committees, Related Bill Details, Amendments, Cosponsors, Summary TITLE(S): (italics indicate a title for a portion of a bill) · SHORT TITLE(S) AS INTRODUCED: Military Standards for Airport Security Screeners Act OFFICIAL TITLE AS INTRODUCED: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Immigration and Naturalization Service to verify whether an alien has an immigration status rendering the alien eligible for service in the Armed Forces of the United States and to achieve parity between the immigration status required for employment as an airport security screener and the immigration status required for service in the Armed Forces, and to amend the Immigration and Nationality Act to permit naturalization through active-duty military service during specified military operations. STATUS: (color indicates Senate actions) 3/20/2002: Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concemed. 3/20/2002: Referred to House Judiciary 5/6/2002: Referred to the Subcommittee on Immigration and Claims. 3/20/2002: Referred to House Transportation and Infrastructure 3/21/2002: Referred to the Subcommittee on Aviation. COMMITTEE(S): Committee/Subcommittee: House Judiciary Subcommittee on Immigration and Claims House Transportation and Infrastructure Subcommittee on Aviation Activity: Referral Referral Referral Referral RELATED BILL DETAILS: (additional related bills may be indentified in Status) Bill: Relationship: H.R.3959 Related bill identified by CRS AMENDMENT(S): ***NONE*** COSPONSORS(34), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) Rep Abercrombie, Neil - 3/20/2002 Rep Davis, Tom - 3/20/2002 Rep Eshoo, Anna G. - 3/20/2002 Rep Filner, Bob - 3/20/2002 Rep Honda, Michael M. - 3/20/2002 Rep Lee, Barbara - 5/23/2002 Rep McDermott, Jim - 5/20/2002 Rep Menendez, Robert - 3/20/2002 Rep Miller, George - 3/20/2002 Rep Moran, James P. - 3/20/2002 Rep Pastor, Ed - 3/20/2002 Rep Reyes, Silvestre - 5/23/2002 Rep Roybal-Allard, Lucille - 3/20/2002 Rep Serrano, Jose E. - 3/20/2002 Rep Stark, Formey Pete - 3/20/2002 Rep Tierney, John F. o 5/21/2002 Rep Woolsey, Lynn C. - 3/20/2002 SUMMARY AS OF: Rep Rep Rep Rep Rep Rep Rep Rep Berman, Howard L. - 3/20/2002 Dooley, Calvin M. ~ 3/20/2002 Farr, Sam - 3/20/2002 Frank, Barney - 3/20/2002 Lantos, Tom - 3/20/2002 Matsui, Robert T. - 3/20/2002 McKinney, Cynthia A. - 5/20/2002 Millender-McDonald, Juanita - 3/20/2002 Rep Mink, Patsy T. - 3/20/2002 Rep Owens, Major R. - 3/20/2002 Rep Pelosi, Nancy - 3/20/2002 Rep Rothman, Steve R. - 3/20/2002 Rep Sanchez, Loretta - 3/20/2002 Rep Soils, Hilda L. - 3/20/2002 Rep Thompson, Mike - 3/20/2002 Rep Underwood, Robert A. - 5/23/2002 Rep Wu, David - 3/20/2002 3/20/2002--Introduced. Military Standards for Airport Security Screeners Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) require the Immigration and Naturalization Service, upon a Federal agency airport security screener-related inquiry, to verify whether an alien has an tqm3 Bill Summary & Status I-'age o o~ .~ immigration status that would render such alien eligible to serve in the United States Armed Forces; and (2) state that such an alien's immigration status would not would make him or her ineligible for an airport security screener's position. Amends the Immigration and Nationality Act to provide for naturalization through active-duty service during: (1) Operation Joint Endeavor in Bosnia (such period to begin as of December 1995); (2) Operation Allied Force in Kosovo (such operation to begin as of March 1999); or (3) Operation Enduring Freedom in Southwest Asia (such period to begin as of September 2001). CITY OF CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek~cupertino.org OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number Agenda Date: June 17, 2002 SUBJECT AND ISSUE Consider removing the restriction on skateboarding in the Civic Center area. BACKGROUND Our code prohibits skateboarding in the Civic Center Plaza (City Hall, Library area). This Council has expressed interest in increasing the number of people who use this facility, and Mayor Lowenthal has suggested that skateboarding be pe~wnitted. There seems to be some demand for skating in the southwest comer of the sunken area between City Hall and the Library. Apparently, the ordinance was enacted because skateboarding in the Civic Center complex was creating safety concerns, and city staff received complaints. On the positive side, our skaters would be able to enjoy the use of our public facility, the space would be enlivened by greater use, and young people might feel more appreciated and recognized. On the downside, skating is inherently risky, and accidents could occur. This is particularly tree when skaters grind on the handrails on the outside of the Library leading to the lower level. At least one accident of this sort has occurred in the last three months. Further, those who feel an aversion to skaters may be discouraged from using the space. Pedestrians, especially younger and older pedestrians, could also be at risk if skating occurs in or around the doors to City Hall and the Library. Finally, while damage to the concrete is unlikely, grinding by skaters mars the appearance of the concrete and handrails. If Council wishes to permit skating in the Civic Center Plaza, the action would be to delete section 11.08.270 "Prohibition of skateboarding and roller skating" of the Municipal Code. RECOMMENDATION If City Council wishes to permit skating in the Civic Center Plaza, instruct staff to come back with an ordinance to delete or modify section 11.08.270 of the Municipal Code. Respectfully submitted: David W. Knapp, City Manager City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimbcrlys~¢upcrtino.org Agenda Item No. [(~ OFFICE OF THE CITY CLERK SUMMARY Meeting Date: June 17, 2002 SUBJECT Consider acquiring public sculpture and confirm site selection and public input process. BACKGROUND At the May 20 Council meeting the Fine Arts Commission recommended five pieces of sculpture. On June 6 the Commission presented a proposal to the Parks and Recreation Commission (see attached PowerPoint presentation) as an informational item. If the Council would like a specific recommendation from the Parks and Recreation Commission, the Commission can take up the matter again on July 11. City Council members had an opportunity to view some of the original art June 6 through 11. "Lyrical Reds" was on display at the entrance to City Hall, and a scale model of"Torque" was on display in the lobby. "Strand" was available at the artist's studio, and the artist who made "#6 Mobile" had similar sculptures on display at DeAnza College. "Chair in Motion" was installed in Petaluma, and a field trip can be arranged if Council desires. If City Council .wishes to acquire one or more of these an works, the Fine Arts Commission will return at the meeting of JUly 1 with recommendations regarding site(s). With Council approval, a public hearing will be held at the site(s) with the actual sculpture if possible, or a poster-sized rendering. FINANCIAL IMPACT Funding of $100,000 is currently available in the Capital Improvement Program budget from art in-lieu fees paid by Apple Computer. Additional funding may be available in the future if a Percent for Art program is adopted by the City Council as part of the General Plan amendment. This would require future developers (including the City) to provide public an with a value of at least one percent of the construction budget. Pnnted on Recycled Paper I ~j~ --I RECOMMENDATION Page 2 Provide direction regarding the following: A. Does the City Council wish to acquire one or more of the five artworks recommended by the Fine Arts Commission? Does the City Council wish the Fine Arts Commission to continue searching for additional artworks for Council consideration in coming months? If Council chooses one or both of the above, staff and the Fine Arts Commission will recommend appropriate location(s) and advertise public hearings. Submitted by: Approved for submittal: Kimberly Smith~ty Clerk Dav~ff~app, City Manager Attachments: A. PowerPoint Slide Presentation to Parks and Recreation Commission Fine Arts Commission Report to the Parks and Recreation Commission of Cupertino June 6, 2002 Overview · Public Art Program brief review · Potential Sites for Artwork Placement · Artwork Acquisition Process Artworks · Conclusion Q&A 2 Why Public Art? · Expresses the City's innovative spirit and establishes a visual identity · Creates good public relations within the community · Revitalizes and enhances the environment · Inspires individual participation · Promotes dialogue ~3 Public Art Program Phased Program - Developing a plan for public art to phases on public lands. Policy - Have adopted "Guidelines for Selection of Funding be installed in Public Art" - Have submitted to the General Plan Update a proposal for Public Art Funding via a "percent for art" program ~ City has available a $100,000 fund in the Capital Improvement Program budget. 4 Potential Sites for Artwork Placement Quinlan Center Memorial Park Senior Center Sports Center City Hall Jollyman Park Other locations to be identified 5 Why these sites? · Public lands are currently available · High profile locations provide visual identity for the City Other sites will require further research and may require coordination with other agencies or homeowners associations 6 Sites 1-4 (Quinlan Center) 1 -Quinlan Ctr. entry- right · 2 - Quinlan Ctr. - left · 3 - Comer of Stelling & Alves 4 - Lawn at Quinlan Ctr. rear Entry Plaza with fountain © ® Pa~king ~ea Alves St. Site 5 (Quinlan Center) Between the Quinlan Center & Memorial Park on grassy knoll M~mo*lal Pa,k Pond Oassy knoll Grass lawn Qulnlan Center Parking Area Aires St to Stelling Rd. ~ Sites 6, 7 (Senior Center) · 6 - In front of Senior Center at the comer of Stevens Creek & Mary Ave. · 7 - On lawn in front of the Senior Center Mary Ave. [] Senlo[ Ce ODD Memorial Park 9 Sites 8,9 (Sports Center, City Hall) 8 - At the front of the Sports Center on the comer of Stevens Creek Blvd. & Stelling Rd. 9 - At the City Hall on the comer of Torre Ave. & Rodrigues Ave. Sporcs Center Tennis Courts Stevens Creek Blvd. Cupertino Sports Center Sign · Cupertino Oty Hall Sign Cupertino City Hall bjpsite s._H_8,g_sp or t ~, d tyhall 10 Site 10 (Jollyman Park) At the entry of Jollyman Park on Stelling Rd. Stop Sign Entry ' Jollyman ~--~k' " C~_.., . Pl~y Area ) . Gr,,ss lawn ' ~ eGr:ve of tr2 Parking Area alkway Field 11 Artwork Acquisition "Call for Artists" 18 responded · Review of submittals Slides, resumes, publications 12 Evaluation and Selection of Artwork Criteria based on "Guidelines for Selection of Public Art" Diversity of styles, subject matter, materials · Examined installation methods, vandalism,, safety and maintenance issues 5 best artwork selections 13 Selection 1 Artist Name: Motosuke Ohtake, M.F.A., San Francisco Art Institute Title/Date: #6 Wind-driven Mobile, 2001 Medium: Stainless steel Size: 1 l'x6'x3' including pole bas. e Price: $10,550 includes installation Artist Statement: "The study of physics is a key element in creating this work, where the manifestation of energy and the pieces interact with nature." 14 Selection 1 on Site 5 Between Quinlan Center & Memorial Park On grassy knoll ~Aemodal ~ark Pond )/I~c~lcArea Grass lawn Qulnlan Center Parklr~ Area // Alves St, Rd. ~ Selection 2 Artist Name: David Middlebrook, M.F.A., Univ. of Iowa Title/Date: Strand, 2001 Medium: Bronze and stone Size: 10'x9'x2' Price: $22,000 includes installation Artist Statement: "I have become at one with the technical and esthetic challenges of combining natural materials with intellectual and emotional content." 16 Selection 2 on Site 10 J°llyEm a,rid ,. Entry to Jollyman Park on Stelling Rd. 17 Selection 3 Artist Name: Robert W. Ellison, M.F.A. Michigan State Univ, Title/Date: Torque, 2000 Medium: Stainless steel, paint Size: 9'x3'x3' Price: $'19,500 includes installation Artist Statement: "The sculpture I produce is colorful, joyous, animated and interactive." 18 Selection 3 on Site 8 Sports Center Tennis Courts Stevens Creek Blvd. Cupertino Sports Center Sign At the front of Sports Center on the comer of Stevens Creek Blvd. & Stelling Rd. bj p~t es_H_8,O_s~ovts, Ot yha, ] 9 Selection 4 Artist Name: Lori Kay, B.A. Univ. of California, Santa Cruz Title/Date: Chair in Motion Medium: Brass Size: 10'x2'x8' Price: $20,000 includes installation Artist Statement: "[This is a] whimsical running chair- as if inanimate objects have to chase time to keep up with the high tech fast-Paced location we live in." Selection 4 on Site 4 At the rear of Quinlan Center on the lawn 21 Selection 5 Artist Name: Nick Lomoro Title/Date: Lyrical Reds, 1999 Medium: Steel, powder coated baked paint finish Size: 8'x6'x6' Price: $14,750 includes installation Artist Statement: "My sculptures arise from a core of inexhaustible awe about the miracle of life... color, form [and of] architecture." 22 Selection 5 on Site 1 c .) C ~ At the right of the Quinlan Center emry Review · Public Art Program · Potential Sites for Artwork Placement · Artwork Acquisition Process Artworks · Request for Feedback -Q&A 24 ORDINANCE NO. 1897 AN ORDINANCE OF THE CITY COUNCIL OF T-HE CITY OF CUPERTINO AMENDING CHAPTERS 3.22 and 3.23 OF THE CUPERTINO MUNICIPAL CODE REGARDING PURCHASING OF SUPPLIES, EQUIPMENT AND SERVICES THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section I Amendments to Chapter 3.23 CHAPTER 3.22 is hereby amended to read as follows: 1. The title of Chapter 3.22 is amended to read "Purchase of Supplies, Materials, Equipment and Services" 2. Section 3.22.010 is amended to read as follows: 3.22.020 Definitions I. "Bid" means any proposal submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or services. 2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. 3. "Purchases" Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership. 4. "Purchasing Officer" means the City Manager or any other official or officials designated in writing by the City Manager for administration of this Chapter. 5. "Services" means any and all services including, but not limited to, equipment service contracts. The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law. 6. "Supplies," "materials" and "equipment" means any and all articles, things or tangible personal property fumished to or to be used by the City. PC/DIR/O/O/C22602 Ordinance No. 1897 3. Section 3.22.060 is hereby amended to read: DRAFT 3.22.060 Purchasing Requirements A. Open Market Purchases The Purchasing Officer may award contracts or issue purchase orders or check requests for the acquisition of supplies, materials, equipment or services in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value will forseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code. B. Purchases Approved by City Council -Application of Formal Competitive Bidding Procedures In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council. Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the City's requirements. C. Formal Competitive Bidding Procedures The formal bidding procedures required for purchases described in Section 3.22.060B are as follows: 1. Notice Inviting Bids a. Notice inviting bids shall include: 1) A distinct description of the supplies, materials, equipment, or services to be purchased; 2) The location where bid blanks, specifications, and requests for proposals may be secured; 3) The time and place for opening bids; 4) A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document. b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City of Cupertino. Such notice may also be mailed pc/dir/ord/ocp32602 2 Ordinance No. 1897 DRAFT to any vendor or provider, which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City. _ Opening of Bids Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned un-opened. Award of Contract Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. 4. Award to Next Lowest Bidder - Failure to Execute Contract The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. 5. Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible - Notice and Hearing A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment, or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, level of experience, and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects. B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall: 1) Give notice of ~.he City Council's decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder; 2) Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue; 3) If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders. 4) After hearing, the City Council shall make a finding, supported by the evidence on the record as to the non-responsibility of the lowest monetary bidder. pc/dir/ord/ocp32602 Ordinance No. 1897 DRAFT 6. Reiection of Bids - Identical Bids - Absence of Bids The City Council, in its sole discretion, may: a. Reject any bids presented and re-advertise_ for new bids b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect. c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses. d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedures. e. Waive any minor irregularities or variances in any bid received. D. Informal Competitive Bidding Procedures In instances where the purchase of supplies, materials, equipment, or services will forseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services. Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City's requirements. Eo Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D Above 1) The procedures described in subsections 3.22.060 Cl(a), C2 - C6 of this Chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City's ordinance code. 2) Publication of notice inviting informal bids is not required. 4. Section 3.22.070 is amended to read as follows: 3.22.070 Exemptions pc/dir/ord/ocp32602 4 Ordinance No. 1897 DRAFt' Notwithstanding any provision of this Chapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this Chapter under following instance: A. Emergency Purchases The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060 (b) shall be filed with the City Council at its next regular meeting after the purchase was made. B. Recurring or Essential Services Purchase orders, or check requests including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included, but not limited to, this authorization are such items as utility services, approved claims for liability under the City's insurance program, renewal premium for authorized insurance policies, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs. C. Purchases From Other Public Agencies Purchases of supplies, materials, equipment or services from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this Chapter. D. Professional Services Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists, and accounts are exempt from the bidding requirements of this Chapter. Section II Amendments of Chapter 3.23 CHAPTER 3.23 is hereby amended to read as follows: 1. Section 3.23.020 is amended to read as follows: 3.23.020 Definitions As used in this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section: 1. "Bid" means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind. pc/dir/ord/ocp32602 5 Ordinance No. 1897 DRAFT 2. "Lowest Responsible Bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contra_ct sought. 3. "Public Works Contract" means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind. 4. "Public Works Project" means: a. The erection, improvement, painting or repair of public buildings and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers. (Ord. 1583 § 1 (part), 1992) 2. Section 3.23.030 is amended to read as follows: Section 3.23.030 Competitive Bidding Except as otherwise provided for in this Chapter, the public works projects with an estimated dollar value equal to or in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, shall be contracted for pursuant to the procedures prescribed in this Chapter. 3. Section 3.23.040A1 is amended to read as follows: 3.23.040 Notice Inviting Bids The notice inviting bids shall be in the form and published as follows: A. Notices inviting bids shall include: 1. A distinct description of the public works project to be performed. 4. Section 3.23.050C is hereby amended to read as follows: Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed. 5. Section 3.23.100A is amended to read as follows: 3.23.100 Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible - Notice and Hearing A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects pc/dir/ord/ocp32602 6 Ordinance No. 1897 DRAFT bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder's ability to be bonded. 6. Section 3.23.130 D is amended to read as follows: D. Small Contracts Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code. Section III Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this __ day of__ 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino pc/dir/ord/ocp32602 RESOLUTION NO. 02-02 A RESOLUTION OF TIlE CUPERTINO REDEVELOPMENT AGENCY ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 2002-03 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of' any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency does hereby adopt the following sections as a part of its fiscal policy: Section 1: The estimates of available fund balances and anticipated resources to be received in the Redevelopment Agency fund during fiscal year 2002-03 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2. There is appropriated from the fund the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3. The City Manager is hereby authorized to administer and transfer appropriations between Redevelopment Agency accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4. The Director of Administrative Services shall prepare and submit to the Cupertino Redevelopment Agency a quarterly revised estimate of Operating Revenues. Section 5. The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. Resolution No. 02-02 DRAFT Page 2 PASSED AND ADOPTED at a regular meeting of the-Cupertino Redevelopment Agency this 17th day of June 2002, by the following vote: Vote Members of the Redevelopment Agency AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Chairman, Redevelopment Agency Secretary THE FOLLOWING ARE ITEMS PASSED OUT DURING THE MEETING ' E,~ ~ XX Xn 01-. E ~~-c~ : : : : >,. 7'~.._... c~ ~ .. : . ~ I.~ ,,0 : : : : .'~_ : : : ~ ~. i . . ~{~ .-..1 : : : : LU ! i : : + LC. .: : : .' g:: ~- : : : . ~'} t¥ ~ ~ ,q. .: :. .: .: ~. ~ +. Cupertino Teen Commission Page 1 of 3 Click here to see a slide show of opening day SCHEDULE Sk8 schedule through June. This schedule is updated regularly. When I Where H Hours Mondays: Valley Church 3 - 5:30 pm June 3, 10,24 ~o~05 N. Stelling Road Tuesday: The Oaks 12 to 6 pm June 25 Wednesdays: Monte Vista Rec. Center 1:30 - 6 pm June 19,26 Thursdays: Jollyman Park 1:30 - 6 pm June 20,27 Fridays: Creekside Park 3 to 5:30 pm June 7, 14 Miller Avenue Friday: Creekside Park 12 to 6 pm JuRe 28 Miller Avenue Saturdays: Valley Church 12 - 5 pm June 1, 8, 15 ~0885 N. Stelling Road across from Homestead Bowling Lanes) Saturdays: Valley Church 12 - 6 pm June 22, 29 ~0885 N. Stelling Road !(across from Homestead Bowling Lanes) RULES Sk8 is limited to roller blades and skateboards only. Bicycles and scooters not allowed. Helmet, kneepads, and elbow pads must be worn at all times. Participants under 7 years must be supervised by an adult. No food, gum, or drinks allowed inside the skate area. http://www.cupertino.org/teens/skS/sk8 park_info.html 6/17/02