CC 04-19-04
AGENDA
CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, April 19, 2004
5:15 p.m.
CITY COUNCIL MEETING
ROLL CALL
DINNERMEETING-5:l5 p.m. Conference Room C
1.
Update meeting with Supervisor Liz Kniss.
RECESS
PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chambers
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.
2.
Approve the minutes from the April 5 and 6 City Council meetings.
April 19,2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 2
3.
Adopt resolutions accepting Accounts Payable for March 26, April 2, and April 9,
Resolution Nos. 04-294 through 04-296.
4.
Adopt a resolution accepting Payroll for April 9, Resolution No. 04-297.
5.
Approve Library Commission recommendation appointing Commissioner Diana Wu as
special emissary between the Cupertino Library and Sister Library Hsin-Chu.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
6.
Review and adopt City fees for 2004-05. (This item was continued from April 5):
a)
Adopt a resolution establishing an Emergency Communication Response Fee
(911), Resolution No. 04-290, and Conduct the first reading of Ordinance No.
1935: "An Ordinance of the City Council of the City of Cupertino Adding
Chapter 3.38 to the Cupertino Municipal Code Pertaining to 911 Emergency
Communication System Response Fee"
b)
Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291
PLANNING APPLICATIONS
UNFINISHED BUSINESS
7.
Authorize the City Manager to execute a contract for animal services with the city of San
Jose.
NEW BUSINESS
8.
Review of bid and award of the contract for Furnishing and Installing Uninterrupted
Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic
Signals at Various Locations, Project No. 03-9547, which will provide for the installation
of battery back up systems (BBS) at 22 major traffic signal locations within the City, to
Republic Electric in the amount of $ 188,100.00, and approval of a construction
contingency of $ 11,900.00 to cover any unforeseen work required to complete the
project, for a total of$ 200,000.00.
9.
Adopt a resolution authorizing the Director of Public Works to negotiate and execute an
amendment to the Access Agreement between the City and Mr. Tom McNair for 22261
McClellan Road, Resolution No. 04-298.
ORDINANCES
April 19,2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 3
STAFF REPORTS
10.
Receive a report regarding current and future expected benefit payments of the City's
retiree healthcare plan.
11.
Receive status report on General Fund Revenue and Expenditures. (No documentation in
packet).
COUNCIL REPORTS
CLOSED SESSION
12.
Initiating litigation - Government Code Section 54956.9(c). Possible action against
Edward Britt, Norman Hackford, and Gerald Cooley related to the initiative measure. (No
documentation in packet).
ADJOURNMENT
Adjourn to Tuesday, April 27 at 5:00 p.m. in the Council Chambers, 10300 Torre Avenue, for a
public hearing regarding Valko Fashion Park.
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of
the meeting.
CUPEIQ1NO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, April 5, 2004
CALL TO ORDER
At 5:00 p.m. Mayor James caned the meeting to order in Conference Room C of City Han,
10300 Torre Avenue, Cupertino, California.
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council
members Richard Lowenthal, Dony Sandoval, and Kris Wang. Council members absent: none.
Staff present: City Manager David Knapp, and Deputy City Clerk Grace Johnson.
INTERVIEWS - 5:00 p.m. in Conference Room A
1.
Conduct interviews for the Housing Commission and the Bicycle Pedestrian
Commission.
Colin Cheng and Richard Abdalah were interviewed for the Housing Commission, and
the City Council appointed Richard Abdalah to a full term ending January 2008.
Michael Chang and May Koski were interviewed for the Bicycle Pedestrian Commission,
and the City Council appointed May Koski to a partial term ending January 2005.
RECESS
Council recessed from 5:55 p.m. to 6:45 p.m.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor James caned the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Anegiance.
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April 5, 2004
Cupertino City Council
Page 2
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council
members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Quans, Community Development
Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information
Officer Rick Kitson, Senior Planner Vera Gil, Code Enforcement Officer Jeffrey Trybus, and
City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
2.
Presentation by Tai Ji Men to recognize contributions of Mayor James for promoting
Chinese culture.
The audience viewed a brief video titled "Ring the Ben of Peace" which explained that
the Tai Ji Men was an international group that promoted health, cultural exchange, and
world peace. Peter Chow, one of the three representatives present, gave Mayor James a
certificate of appreciation for her dedication and promotion of Chinese culture. They also
presented the City Council and City Manager with a certificate and a gift for the City.
POSTPONEMENTS
Lowenthal/Kwok moved and seconded to continue Item No. II, Review and Adopt City Fees, to
April 19. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent:
None.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Shing-Shwang Yao, Elm Court, mentioned a recent Cupertino Courier article about the
flooding problem on Elm Court being attributed to an inadequate storm drain on McClellan
Road, and asked when that will be replaced.
Mr. Lee Shodiss, Elm Court, voiced his concerns about public safety and noted that in the last
flooding incident a heavy manhole cover had popped off and posed a hazard to traffic.
CONSENT CALENDAR
Lowenthal/Kwok moved and seconded to approve the items on the Consent Calendar as
recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent:
None.
3.
Approve the minutes from the March 15 and 27 City Council meetings.
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April 5, 2004
Cupertino City Council
Page 3
4.
Adopt resolutions accepting Accounts Payable for March 12 and 19, Resolution Nos. 04-
284 and 04-285.
5.
Adopt resolutions accepting Payroll for March 12 and 26, Resolution Nos. 04-04-286 and
04-287.
11.
a)
6.
Accept the Treasurer's Budget Report for February 2004.
Accept municipal improvements (may include grading, street improvements, on site and
off-site improvements): Fatemah Asgari for Gholamreza Javanmard and Ezat Loukzadeh,
10071 Orange Avenue, APN 357-16-029. (No documentation in packet).
8.
Adopt a resolution approving a Grant of Easement for roadway, Lynn M. Ching, 22781
Stevens Creek Boulevard, APN 342-12-037, Resolution No. 04-288.
Adopt a resolution approving a Dedication of Real Property for roadway purposes, Lynn
Ching, Lot 60, San Leandro Avenue, APN 357-05-029, Resolution No. 04-289.
Watershed Protection Collaborative:
Authorize the City Manager to negotiate and execute the Second Amendment to
the Reimbursement Agreement with the Santa Clara Vaney Water District
(SCVWD) in the amount of $80,000.00 for a total agreement amount of
$325,000.00, for the District to fund the efforts of the Watershed Protection
Conaborative
Authorize the Director of Public Works to complete an additional encumbrance to
the current agreement in the amount not to exceed $80,000.00 with CONCUR,
Inc. for the continued administration of the Watershed Collaborative Process, on
condition of approval of the reimbursement agreement by the City and the Santa
Clara Valley Water District
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
7.
9.
10.
(a)
(b)
PUBLIC HEARINGS
Review and adopt City fees. (This item will be continued to April 19):
Adopt a resolution establishing an emergency response fee (911), Resolution No.
04-290, and Conduct the first reading of Ordinance No. 1935: "An Ordinance of
the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino
Municipal Code Pertaining to 911 Emergency Communication System Response
Fee."
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April 5, 2004
Cupertino City Council
Page 4
b)
Adopt a resolution accepting the 2004-05 Fee Schedule, Resolution No. 04-291.
LowenthallKwok moved and seconded to continue this item to April 19. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
12.
Consider adopting a resolution regarding the use of second program year (2004-05)
Community Development Block Grant (CDBG) Funds and begin review of the 2004-05
Annual Action Plan, Resolution No. 04-292.
Senior Planner Vera Gil reviewed the staff report, and gave an overview of the program's
objectives and the populations that it serves. She said that the CDBG Steering
Committee recommended a total of $524,000 in anocations for 2004-2005, which
included the fonowing:
Public Service Grants:
Construction! Acquisi tion!Rehabilitation
Program Administration
Affordable Housing Fund
$71,910.00
$290,990.00
$96,100.00
$65,000.00
She also reviewed the anocations for funds left over from last year, which totaled
$273,100 for Construction! Acquisition/Rehabilitation.
Nicol Brown, Grant and Contract Manager for the Shelter for Battered Women, reviewed
statistics regarding domestic violence and said that these grant funds would go to provide
emergency shelter and legal services.
Jacqueline Fabre, Executive Director of Cupertino Community Services (CCS), said
these grant funds would help to provide basic human needs and housing services to
Cupertino residents. She said that CCS also managers the city's below-market-rate
housing program, and they have plans to rehabilitate their homeless housing units. She
invited everyone to the April 20th opening of Vista Vinage.
Georgia Bacil, Directing Attorney of Single Adults Legal Assistance (SALA), said that
the grant funds would help to provide legal services for those 60 or older, on a very low
income, or those susceptible to exploitation. They currently provide services three times
a month at the senior center in addition to telephone consultations and at~home visits for
those who are homebound. In the prior year they made 180 visits, but now 75% of those
are seen locally at the Senior Center. She said when they began, about 1/3 of the
caseload was a request for preparation of simple wills, and now it is about 1/3 of the
caseload has to do with elder abuse.
Grace Ho, Project Manager for Cupertino Community Housing for the Disabled. She
said her organization is affiliated with the Midpeninsula Housing Coalition. She
explained that Le Beaulieu, a 27-unit housing facility in Cupertino, is 20 years old and is
in need of refurbishment to address some life safety issues.
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April 5, 2004
CupertIno CIty CouncIl
Page 5
Colleen Hutchin, Executive Director of Live Oak Adult Day Services, said they acquired
the agency one year ago from Cupertino Adult Day Care Services. She said they provide
socialization and a nutrition program to benefit seniors who require daily assistance, as
well as providing relief to their caregivers. She said that there are 200 community
volunteers who visit with and entertain the seniors.
Sandoval asked that future staff reports clarify the wording on page 12-9 of the packet
regarding no deferment on the loan to Le Beaulieu.
Lowenthal/Sandoval moved and seconded to (1) Adopt resolution 04-292 accepting the
recommendations and beginning review of the 2004-05 action plan, and; (2) Change the
word "win" to "may" regarding future funding, throughout future staff reports on this
topic as well as in the current resolution. Vote: Ayes: James, Kwok, Lowenthal,
Sandoval, and Wang. Noes: None. Absent: None.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
13.
Consider denying an appeal of Code Enforcement's decision to deny the Massage Permit
Application No. C-0400206.
Council members were given an amended copy of the staff report and a copy of the
applicant's appeal letter.
City Clerk Kimberly Smith swore in Code Enforcement Officer Jeffrey Trybus, applicant
Yumai Wang, and her daughter Cathy.
Code Enforcement Officer Jeffrey Trybus reviewed the staff report and said that the
municipal code states that a massage establishment permit may not be issued if the
applicant has violated any similar rules of another public agency that regulates the
operation of massage establishments. He explained that the applicant had other massage
establishments in Fremont and San Bruno and she had received two administrative
citations. He said that both were from the City of Fremont; one was for incomplete
written records and one was for failure to provide an on-site manager. He said that the
applicant feels since those were not law enforcement cases and were not severe
violations, she should be issued a permit by Cupertino.
Applicant Yumai Wang, speaking at times with the interpretive assistance of her daughter
Cathy, explained that language difficulties had created the misunderstanding and she did
not funy understand the rules at the time those citations were issued. She said that later
she opened a similar business in San Bruno, and they have been in business for 5 years
with no complaints. She said that she wants to bring her services to clients in Cupertino
as wen.
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April 5, 2004
Cupertino City Council
Page 6
KwoklSandoval moved and seconded to deny the appeal because of previous citations,
and to uphold the Code Enforcement's denial of an application for a massage
establishment permit. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes:
None. Absent: None.
14.
Authorize the City Manager to execute a lease and Guaranty Agreement with Ole Peter
Rasmussen, President, Blue Pheasant Restaurant Inc., and Birthe Lisa Rasmussen for
lease of city property at 22100 Stevens Creek Boulevard. (This item was continued from
3115/04).
Parks and Recreation Director Therese Smith reviewed the staff report and explained that
the current tenant, the Blue Pheasant, was in operation before the city purchased the
property in 1961 and before it was annexed into the city. She said the current lease
expires March 31. The proposed new lease is for five years with an option to renew for
five years, per Council direction, at fair market value. The business will be required to
close at 11 :00 p.m. to conform to current zoning regulations. She said that the guaranty
assures that the Rasmussen's will be personally liable for the corporation named in the
lease. Mayor James clarified for the public that it was the Rasmussen's choice to conform
to current zoning regulations rather than to go through a public hearing process for a zone
change to allow a nightclub.
KwokiLowenthal moved and seconded to authorize the City Manager to execute the lease
and Guaranty Agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang.
Noes: None. Absent: None.
15.
Consider a policy waiving fees for use of City facilities, for community groups raising
funds for the Library Furniture, Fixtures, and Equipment (FF&E) fund.
Parks and Recreation Director Therese Smith reviewed the staff report, and said that since
July 1, 2003, all fee waivers for parks and recreation facilities had been denied. She said
that the Council might wish to amend the current policy of no fee waivers to allow rent-
free use of City facilities for library fundraisers. She explained that the event sponsors
would still be required to pay staffing costs.
Sandoval/Kwok moved and seconded to amend the current policy to allow the waiver of
fees for use of City facilities by community groups raising funds to directly benefit the
Library furniture, Fixtures and Equipment fund. Vote: Ayes: James, Kwok, Lowenthal,
Sandoval, and Wang. Noes: None. Absent: None.
16.
Adopt a resolution supporting the statewide ballot initiative to require voter approval
before State Government may take local tax funds, Resolution No. 04-293.
Public Works Director Ralph Qualls reviewed the staff report and explained this initiative
is intended to increase local control over local tax dollars, and over 30 other cities have
already adopted resolutions in support of it.
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April 5, 2004
Cupertino City Council
Page 7
Lowenthal/Sandoval moved and seconded to adopt Resolution 04-293 supporting the
initiative, which would require voter approval before State Government may take local
tax funds. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None.
Absent: None.
17.
Accept the 2002-03 Management Letter from City Auditors, Maze and Associates.
Administrative Services Director Carol Atwood reviewed the suggestions for internal
controls and procedures, which included recording of fixed assets and infrastructure on an
on-going basis, and increasing cash controls at the Senor Center.
KwokiLowenthal moved and seconded to accept the 2002-03 Management Letter. Vote:
Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
18.
Accept a report from Maze and Associates that was performed to test compliance with
City guidelines used in the approval of housing units to BMR program participants by our
subcontractor Cupertino Community Services (CCS).
Administrative Services Director Carol Atwood reviewed the staff report and the
Cupertino Housing Commission's recommendations that included filing complaints with
the Community Development Department, hearings by the Cupertino Housing
Commission, and forwarding of information to the City Council.
Sandoval/Lowenthal moved and seconded to accept the report from Maze and Associates.
Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
19.
Accept the 2002-03 Single Audit Report from City Auditors, Maze and Associates.
Administrative Services Director Carol said the city received an unqualified report, and
that no reportable conditions, material weaknesses or instances of non-compliance
material to the basic financial statements were noted.
Sandoval/Lowenthal moved and seconded to accept the 2002-03 Single Audit Report.
Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
20.
Review and Approve a Mid-Year Budget Adjustment for General Fund Public Service
Grants and other grants.
Administrative Services Director Carol Atwood reviewed the recommended mid-year
budget adjustment which includes a funding adjustment for the public service grants and
receipt of a First Five grant (to be used for children up to age five). She said the purpose
is to fund three agencies that were not eligible for CDBG funds, and this would represent
a grant in the amount of 85% of what they received previously. She said the net affect to
the General Fund is $4,975.00.
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April 5, 2004
Cupertino City Council
Page 8
Mary Ellen Reynolds, Director of Development for Second Harvest Food Bank for San
Mateo and Santa Clara Counties, said that they serve approximately 165,000 people on
average per month through a variety of programs, including Food Assistance, which
works with other agencies such as Live Oak Day Care, and Family Harvest, which serves
families with minor dependent children. She said that Second Harvest is also the major
beneficiary of proceeds from the annual Up and Running race. She explained that
Cupertino residents may receive services through many of Second Harvest's programs,
and that the grant funds requested tonight were specifically for Operation Brown Bag,
which would benefit 71 extremely low-income households in Cupertino.
Kwok/Lowenthal moved and seconded to approve the mid-year budget adjustment as
recommended by staff.
21.
Approve the agreement between Silicon Valley Animal Control Authority (SV ACA) and
its member cities regarding purchase of property at 3370 Thomas Road, Santa Clara.
Administrative Services Director Carol Atwood said that this agreement establishes an
arrangement to purchase the property that insures that no contributions or funds from the
withdrawing cities (Cupertino, Los Gatos and Saratoga) are encumbered or used in the
property transaction.
Lowenthal/Sandoval moved and seconded to approve the agreement between SV ACA
and its member cities regarding the purchase of the Thomas Road property. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
22.
Approve questions for the Biennial Community Survey.
Public Information Officer Rick Kitson presented the questions proposed for the 2004
Community Survey for Cupertino residents and explained that the scientifically-based
survey was done by Godbe and Associates via random digit dial of 400 residents of the
City of Cupertino, and was accurate within 3 or 4 percentage points. He said that this is
the 8th such survey in six years. Council members offered some suggestions to the
questions, such as specifying an additional newspaper in Question 22, more specificity in
question 24. Staff was asked to verify that bilingual services were available during the
survey.
LowenthallKwok moved and seconded to approve the attached survey questions and
authorize the biennial community survey to proceed. Vote: Ayes: James, Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
ORDINANCES - None
STAFF REPORTS - None
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April 5, 2004
Cupertino City Council
Page 9
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including: (1) Financial impacts resulting from the failure of Measure B for the Santa Clara
County Library, and anticipated service cuts since remaining funds in benefit assessment district
will be needed to fund the election fore the follow-on tax; (2) Plans to use technology fund in
Library JP A reserves to run a pilot program in new library to provide 100% automated checkout;
(3) Public is invited to next JPA board meetings [April 22, 2004, June 3, 2004, and October 28,
2004, at 1 :30 p.m. at the Campbell Community Library, 77 Harrison Avenue, CampbelL]; (4)
The success of the most recent Community Congress and the "Balance or Bust" educational
budget game; (5) The OSS annual dinner; (6) The annual Crab Feed raised $35,000 to benefit
schools; (7) Letter of appreciation from the Tsin-Chu City delegation; (8) Bay Area Air Quality
District program by offering rebates to replace gasoline-powered mowers with electrical mowers;
(8) Applications available for watershed stewardship grants; (9) Asian-American Parents
Association luncheon; (10) Quota Club fundraiser; and (11) The Chamber of Commerce
economic legislative summit.
CLOSED SESSION
No closed sessions were held.
ADJOURNMENT
At 9:23 p.m., the meeting was adjourned to April 6 from 3:00 p.m. until 6:00 p.m. in Cupertino
City Hall Conference Room C, 10300 Torre Avenue, to discuss Valko Economic Development
and Community Festivals.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience from our web site. Visit www.cupertino.org and click on Watch Meetings.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364.
2-~
CUPEIQ1NO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, April 6, 2004
CALL TO ORDER
At 3:10 p.m. Mayor James called the meeting to order in Conference Room C, 10300 Torre
A venue, Cupertino, California.
ROLL CALL
City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council
members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development
Director Steve Piasecki, Parks and Recreation Director Therese Smith, and Deputy Clerk Grace
Johnson.
STUDY SESSION
2.
Community festivals
Mayor James reordered the agenda to take up item number 2 first.
Parks and Recreation Director Therese Smith gave a PowerPoint presentation titled,
"Special Events." The PowerPoint covered special events policies; listed the annual
festivals held each year and how long each festival has been running; events in other
cities; permits required; and how events are managed at Memorial Park.
Smith distributed a handout titled, "City of Cupertino Special Events for 2004." This
calendar covered all of the events scheduled in Cupertino for 2004 and included dates,
times, location, and contact information.
Smith distributed a handout showing the fee waiver breakdown for the Cherry Blossom
Festival, Art and Wine Festival, Moon Festival, Iranian Federated Women's Committee
Festival, and the Oktoberfest for 2002. She said these festivals are currently subsidized by
Cupertino.
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April 6, 2004
Cupertino City Council
Page 2
Smith distributed a copy of a letter dated January 30, 2004, from Therese Smith to
Eleanor Watanabe notifying her that City funds may not be available for the Oktoberfest
after July 1,2004.
Mayor James said that the festival item was informational only and that another
discussion would occur in June during the budget talks.
Council and staff had a brief discussion regarding process and criteria for community
festivals.
Wang said that the Tsin-Chu Sister City Committee and the Moon Festival Committee
would be merging, and that community event would be a fundraising event to support the
student exchange program to Tsin-Chu City. She explained that it was similar to the
Toyokawa Sister City Committee using the Cherry Blossom Festival as a fundraiser for
sending exchange students to Japan. She said the committee would be co-chaired by
Lucia Wu and Dennis Wan.
Discussion followed regarding the role of Council members when serving on community
events. The City Attorney said that although it was not required, it was advisable that
when Council members were participating in such a manner, they should clarify that they
are doing so as a private citizen and not as a Council member.
Staff was directed to prepare an accounting of all the festivals, including how the festivals
are used to build community spirit, celebrate cultural diversity, and raise funds for worthy
causes, as well as to identify the specific causes that are supported.
1.
Vallco development plans
Mike Rohde, Valko Fashion Park property manager, distributed a handout showing the
proposed development for Valko. He said that Valko improvements would increase sales
tax in Cupertino, and that it was important to break ground this year. He said that Valko
has a movie theater operator lined up and ready to sign a lease, and that the theater would
bring 15 other high-end tenants to Vallco, including a bookstore. He said that the theater
would be placed on a 3,d story of the mall and that the entrance would be from inside the
mall. He said that a mixed-use project would be added in the Rose Bowl area, near JC
Penny, which would have retail and housing uses. He explained that the housing would
pay for the theater parking structure.
Todd Stoutenborough, Principle Architect from Perkowitz + Ruth Architects, talked more
about the Valko development. He said that the movie theater would have 3,500 seats and
16 screens in 80,000 square feet of space, with a state-of-the-art projection system and
wall-to-wall seats and screen. He said the location of the theaters was designed to activate
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April 6, 2004
Cupertino City Council
Page 3
the mall since the entrance to the theaters would be from inside the mall, and the lobby
looks out over Wolfe Road. He said there would be 95,000 square feet of new retail and
204 residential units above the retail, and the restaurants and retail in the downstairs mall
area would create a pedestrian feeling on both sides of Wolfe Road,
Council and staff discussed the options and necessary requirements to move forward with
the theater, including amending the current Valko Development Agreement and doing a
focused Environmental Impact Report (EIR).
Stoutenborough talked about the design handout, the parking and noted that there would
be a new steak-house restaurant in the space that El Torito used to occupy. He said that
the applicant would like to add additional housing behind Macy's in the back parking lot,
but those units are not currently reflected in the General Plan. He said that a 120-unit
hotel was also being planned. In response to a question from Council regarding the need
for mixed-use, Stoutenborough said that the housing is needed to pay for the parking
structure for the new theater.
Council and staff discussed options and the timelines requirements with Stoutenborough
and the Vallco owners, Emily Chen and Alan Wong, including time needed to amend the
Development Agreement, complete the EIR, take the project to the Planning
Commission, have Council conduct the first and second readings of the ordinance, and
allow for full public process and disclosure.
Mike Rohde commented on the sewer lines and the need to change them from 12" to 15".
Public Works Director Ralph Qualls said that he would meet with the Sanitary District to
discuss this issue.
Council member Lowenthal said that he likes the project and that it would provide good
service to the residents. He said he was okay with the number of housing units planned,
and he thought the heights would work in this area without negatively impacting the
residents. He said he was concerned with traffic circulation, especially the on and off-
ramps at Wolfe and 280. He said he would do whatever he could to move the project
forward responsibly.
Council member Wang said that she had no issue with the theater location. She said she
would like to see a continuation of traffic and public safety studies.
Council member Sandoval said she likes the project and the theater location is a minor
issue. She said she would like to see a quick time-line without skirting any laws or
restrictions. She said she was concerned about traffic and suggested making lanes that
were dedicated directly into Valko, and she also asked that bike racks be made available.
)-[J-
April 6, 2004
Cupertino City Council
Page 4
Council member Kwok said that he was excited about the project and that the community
would definitely benefit from it. He said he would like to work with the developers to be
flexible and to help expedite the project with the legal constraints in mind. He said that he
would like to see the housing be as affordable as possible and didn't have any issues with
the parking ratio. He said he was concerned about the hotel and wanted to be sure not to
drive away business from the other hotels in the community. He questioned the reason for
clustering the development on the west side of Wolfe Road, rather than spreading it out to
the JC Penny side. Rhode explained that there were different property owners on JC
Penny side.
Kwok said that he was happy to see a bookstore planned and would like to see some
Mexican restaurants in the new development.
Mayor James said that she would like to see a skate park as part of the development. She
said that she was excited that local people bought the property. She said that there is a
need for healthy businesses in order to improve the growth of the City and to encourage
people to shop in Cupertino. She said that the project would need support from the
residents and other businesses in order to make the development successful. She said that
she would do everything she could to escalate the project using the public process.
Deunis Whittaker said that there is a need for a place for people to go that stays open after
10:00 p.m. He said that noticing and advertising for the project is important and that he
would help to promote the project. He said that Wolfe Road is a major artery onto 280
and to not take that for granted. He said that he is not against mixed-use, but only where
and how it is put in. He said that there is a need for affordable housing for seniors and
younger families.
Barbara Rogers said that she appreciated the local development and looked forward to it.
She said that she is happy to see the project fast-tracked through.
Nicol Lea said that she encouraged the developers to work with other groups, like De
Anza College, and to encourage the new shops to do joint fundraising for the new
Cupertino Library. She suggested having premier movie nights, for example, to help raise
money for community events.
Homer Tong said that he appreciated the local ownership of Vall co.
Jody Hansen, Executive Director of the Chamber of Commerce, said that the Chamber
supported the project, and didn't want too many requirements on the developers in order
to make the project successful.
Rhode said that they could submit plans to Community Development within 10 days, and
that time is the most important thing in order to move the project forward quickly and
take advantage of the opportunity.
1-/3
April 6, 2004
Cupertino City Council
Page 5
City Manager David Knapp said that he looks forward to begin making changes to the
Development Agreement and getting started on the EIR as soon as possible.
ADJOURNMENT
At 5:55 p.m. the meeting was adjourned to Monday, April 19 at 5:15 p.m. in Conference Room
C, 10300 Torre Avenue, for an update meeting with Supervisor Liz Kniss.
Grace Johnson, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience from our web site. Visit www.cupertino.org and click on Watch Meetings.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel,777-2364.
2-/Y
DRAFT
RESOLUTION NO. 04-294
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 DESCRffiED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
MARCH 26, 2004
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
~a~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of April, 2004, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
A TrEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
J-/
03/25/04
ACCOUNTING PERIOD, 9/04
SELEcnaN CRnER'A'
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
FUND - 110 - GENERAL FUND
.'rans_dace be'ween "03/22/2004" and "03/26/2004"
CASH ACCT CHECK NO
1020
605062 V
1020 606075 V
1020 606075 V
TOTAL CHECK
1020
607055 V
1020
607081
1020 607082
1020 607082
1020 607082
TOTAL CHECK
1020 607083
1020 607084
1020 607085
1020 607086
1020 607086
1020 607086
1020 607086
1020 607086
TOTAL CHECK
1020
607087
1020 607088
1020 607088
rOTAL CHECK
11/21/03 700
ISSUE DT - ------------VENDOR------------- FUND/DEPT
TARGET SPECIALTY PRODUCT 1108303
01/30/04 178
01/30/04 178
03/19/04 3140
03/22/04 3140
03/26/04 1695
03/26/04 1695
03/26/04 1695
03/26/04 3135
03/26/04 2110
03/26/04 2636
03/26/04 61
03/26/04 61
03/26/04 61
03/26/04 61
03/26/04 61
03/26/04 M
03/26/04 968
03/26/04 968
COLONIAL LIFE. ACCIDENT 110
COLONIAL LIFE' ACCIDENT 110
SAW JAMER COMPANY
1108201
SAW JAMER COMPANY
1108201
3M
3M
2708405
1107301
3M
2708405
A-I RADIATOR
6308840
ABC BACKFLOW TESnNG REP 1108312
APWA
1108101
ARTISTIC PLANT CREATIONS 1108505
ARTISTIC PLANT CREATIONS 5708510
ARnsnc PLANT CREATIONS 1108504
ARTISTIC PLANT CREATIONS 1108503
ARTIsnc PLANT CREATIONS 1108501
Anisman, Rose
550
BAP AUTO PARTS
BAP AUTO PARTS
6308840
6308840
1020 607089 03/26/04 78 JO ANN BARNEY 5806249
1020 607090 03/26/04 720 BATTERY SYSTEMS 6308840
1020 607091 03/26/04 3050 VABANTHI BRAT 5506549
1020 607092 03/26/04 100 BMI IMAGING SYSTEMS 1100000
1020 607093 03/26/04 M2004 BOB KAPRIELIAR 5506549
1020 607094 03/26/04 M Bergman. Florence 550
1020 607095 03/26/04 M Bianchi. Je=y 550
1020 607096 03/26/04 M2004 CALBO 1107501
1020 607097 03/26/04 1145 CALIFORNIA SURVEYING. D 1108101
RUN DATE 03/25/04 TIME n,26,44
- - ---DESCRIPTION---- --
FY 2003-2004 OPEN PURC
EE CONTR #E7013899
EE CONTR #E7013899
SAFETY BOOrS
SAFETY SHOES
BLACK EC FILM
BLACK EC FILM
BLACK EC FILM
REPAIRS A25417
BACKFLOW SERV KENNEDY
#21355 QUALLS RNWL
PLANT CARE MAH2004
PLANT CARE MAH2004
PLANT CARE MAH2004
PLANT CARE MAH2004
PLANT CARE MAH2004
Refund, Check - Wichdr
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
2/05-3/25/04
MICROFICHE PRINTS
GUIDE GRATUITY 4/01
Refund, Check - #1150.
Refund, Check
#1150.
CALBO DUES G.CASTEEL
SUPPLIES 17380
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 I
AMOUNT
-930.60
-468 .20
-339.09
-807.29
-3226.70
3226.70
332.99
500.00
1010.84
1843.83
130.44
150.00
588.00
130.00
128 .00
153.33
153.34
153.33
718.00
26 .00
115.87
51. 01
166 .88
161. 00
116.80
385.00
49 .25
45.00
500.00
500.00
215.00
129.64
J-.2.
G3/25/G4
ACCOUNTING PERIOD, 9/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT -u-------h--VENDOR--u-- u---- FUND/DEPT
1020 607098 03/26/04 3142 CAN INSURANCE 1101500
1020 607099 03/26/04 3081 CARDIO rHEATER HOLDINGS, 5706450
1020 607100 03/26/04 2232 CARIAGA. LOURDES 110
1020 607100 03/26/04 2232 CARIAGA. LOURDES 110
TOTAL CHECK
1020 607101 03/26/04 146 CASH 1106343
1020 607101 03/26/04 146 CASH 5706450
1020 607101 03/26/04 146 CASH 5806349
TOTAL CHECK
1020
03/26/04 152
607102
CEB,CONTINUING EDUCATION 1101500
1020 607103
1020 607103
TOTAL CHECK
03/26/04 1057
03/26/04 1057
CERIDIAN BENEFITS SERVIC 110
CERIDIAN BENEFITS SERVIC 110
1020 607104 03/26/04 1156 CHA 110
1020 607105 03/26/04 3145 CHILD ALERT FOUNDATION 1102403
1020 607106 03/26/04 1467 CITY CANVAS 5606660
1020 607107 03/26/04 M2004 CITY OF CAMPBELL 1101000
1020 607108 03/26/04 2846 CLAP 5806249
1020 607109 03/26/04 173 COCA-COLA BOTTLING OF CA 5706450
1020 607110 03/26/04 178 COLONIAL LIFE & ACCIDENT 110
1020 607110 03/26/04 178 COLONIAL LIFE & ACCIDENT 110
TOTAL CHECK
1020 607111 03/26/04 178 COLONIAL LIFE & ACCIDENT 110
1020 607112 03/26/04 3121 CREATIVE GROUP 4239222
1020 607113 03/26/04 1579 CUPERTINO LOC-N-STOR LLC 1108501
1020 607113 03/26/04 1579 CUPERTINO LOC-N-STOR LLC 1108503
TOTAL CHECK
1020 607114 03/26/04 2085 DB FROMOTIONS 1101200
1020 607115 03/26/04 209 DE ANZA SERVICES INC 1108506
1020 607115 03/26/04 209 DE ANZA SERVICES INC 1108303
1020 607115 03/26/04 209 DE ANZA SERVICES INC 5708510
1020 607115 03/26/04 209 DE ANZA SERVICES INC 1108508
1020 607115 03/26/04 209 DE ANZA SERVICES INC 1108505
RUN DATE 03/25/04 TIME 11,26,..
PAGE 2
- -- - -DESCRIPTION-u ---
SALES TAX
AMOUNr
LAWYERS PROF. LIABLTY 0.00 11831. 00
SUPPLIES 0.00 871.95
CSGARNSMNT 0.00 306.50
SSGARNSMNT 0.00 103.84
0.00 410.34
P.CASH 3/17-3/23 0.00 13.63
P.CASH 3/17-3/23 0.00 57.61
P.CASH 3/17-3/23 0.00 143.22
0.00 214.46
CA CIVIL DISC 3RD UDT 0.00 67 .49
<FLEX DEP 0.00 151. 92
<FLEX HLTH 0.00 693.95
0.00 845.87
CHA 0.00 140.85
ACA IDENT. POSTER 0.00 4277.00
TRADITIONAL STYLE AWNI 0.00 1414.42
CAMPBELL LUNCH NTG 0.00 44.00
SERVICE AGREEMENT FOR 0.00 890.50
FY 2003-2004 OPEN PURC 0.00 218.89
COLONIAL/E70B899 0.00 418.90
<COLONIAL/E70B899 0.00 283. 08
0.00 701.98
EE CONTR #37012899 0.00 807.29
K.BOUVIER 2/20 0.00 432.00
G-34 RENT APRIL 2004 0.00 217.00
G-33 RENT APRIL 2004 0.00 217. 00
0.00 434. 00
SERVICE AWARDS 0.00 132.48
JANITORIAL MAR2004 0.00 346.84
JANITORIAL MAR2004 0.00 1494.23
JANITORIAL MAR2004 0.00 5311. 03
JANITORIAL MAR2004 0.00 141.53
JANITORIAL MAR2004 0.00 3535.12
FINANCIAL ACCOUNTING
J-3
03/25/0'
ACCOUNTING PERIOD, 9/04
CITY OF CUFERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "03/22/2004" and "03/26/2004"
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
1020 607115
TOTAL CHECK
1020
1020
607116
607116
TOTAL CHECK
1020
607117
1020
607118
1020
607119
1020
607120
1020
607121
1020
607122
1020
607123
1020
1020
607124
60712'
60712'
60712'
607124
1020
1020
1020
1020
607124
1020 607124
1020 60712'
TOTAL CHECK
1020
607125
1020
607126
1020
607127
1020
607128
1020
607129
ISSUE OT __nn_n_-_nVENDORnnnn_nn FUNO/DEPT
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 209
03/26/04 1838
03/26/04 1838
03/26/04 3038
03/26/04 3083
03/26/04 M
03/26/04 239
03/26/04 2'2
03/26/04 243
03/26/04 M
03/26/04 260
03/26/04 260
03/26/04 260
03/26/04 260
03/26/04 260
03/26/04 260
03/26/0' 260
03/26/04 260
03/26/04 2558
03/26/04 261
03/26/04 3068
03/26/04 2304
03/26/04 M2004
OE ANZA SERVICES INC
OE ANZA SERVICES INC
OE ANZA SERVICES INC
OE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
OE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DELL MARKETING L.P.
DELL MARKETING L.P.
RALPH DUBISCH
OYNAMIC GRAPHICS, INC.
Dean, Wally
1108302
1108511
1108501
1108502
1108315
1108503
1108509
1108504
5606640
1108314
1108407
1108507
2708405
6104800
5806249
1103400
550
ELECTRICAL DISTRIBUTORS 1108504
110
EMPLOYMENT OEVEL DEPT
EMPLOYMENT DEVELOPMENT
Eventt, Marjorie
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEOERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
110
550
1108601
110
1108601
2607401
110
1108601
1108601
1108101
FEHR & PEERS ASSOC INC
FEET FIRST ENTERTAINMENT 5806349
110
ARTHUR J. BROTHERTON
1108315
FIELD PAOLI ARCHITECTURE 4269212
1103500
FILEMAKER ADVISOR
RUN DATE 03/25/04 TIME 11,26,45
n_--DESCRIPTIONnnn
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
JANITORIAL MAR2004
OPTIPLEX GX270T 2.6 MH
DVI CARD 15542
SERVICE AGREEMENT FOR
LIQUID LIBRARY SUBSCR
REFD, 54604 & 54606
SUPPLIES
SIT/932-0014-5
SDI/776-526O-0
Refund, Check - #1150,
COURIER SERVICE
COURIER SERVICE 24613
COURIER SERVICE
COURIER SERV
COURIER SERV
COURIER SERV
COURIER SERVICE
COURIER SERVICE
OJ OANCE 3/19
TRAFFIC STDY FEB04
1.290 FT RENTAL FENCE
PUBLIC WORKS CONTRACT
RNWL "FILEMAKER ADV"
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
- FINANCIAL ACCOUNTING
PAGE 3
AMOUNT
747.10
1163 .89
2881.17
1665.66
747.10
2008.63
714.28
6244.50
901.29
4482.63
1014.93
2228.38
35628.31
1186.45
23.87
1210.32
2538.00
79 .00
350.00
80.73
17038 .55
1146.61
500.00
15.93
18.28
31.47
16.84
30.59
16.69
54 .28
121. 36
305.44
380.00
604.14
1663.75
5763.85
89.00
]-t{
03/25/04 CITY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD, 9!04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "03!n!ZO04" and "03!Z6!ZO04"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT u_u_uu-_uVENDOR-uhuhuu FUND/DEPT _uuDESCRIPTION- -- _u SALES TAX AMOUNT
10Z0 607130 03/Z6/04 274 FRY'S ELECTRONICS 610<S00 SUPPLIES 16595 0.00 54.07
1020 607131 03/26/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC 0.00 62.14
1020 607132 03/26/04 ME2004 GLENN LEE 1104530 BELr & PANTS 0.00 74.91
1020 607133 03/26/04 291 GOLDEN TOUCH LANDSCAPING 1108314 ORCHARD MNT JA.FB.MAR 0.00 2571. 00
1020 607134 03/26/04 298 GRAINGER INC 1108315 PARTS/SUPPLIES 0.00 201. 73
1020 607134 03/26/04 298 GRAINGER INC 1108314 FY 2003-2004 OPEN PURC 0.00 191. 02
1020 607134 03/26/04 298 GRAINGER INC 1108830 FY 2003-2004 OPEN PURC 0.00 58.41
TOTAL CHECK 0.00 451.16
1020 607135 03/26/04 2531 GURSHARN SIDHU 1108501 ELECTRICAL WORK 0.00 1750.00
1020 607136 03/26/04 899 GUZZARDO & ASSOCIATES IN 1108101 SERVICE AGREEMENT FOR 0.00 6119.34
1020 607137 03/26/04 M BAN, YONG sao Refund, Check - SPRING 0.00 145.00
1020 607138 03/26/04 318 HANDS ON LEARNING saO6349 KITS "FLYING THINGS" 0.00 365.08
10Z0 607139 03/26/04 3026 HEALTH CARE DENTAL TRUST 110 UNREP 1539-0004 0.00 3723. 02
1020 607139 03/26/04 3026 HEALTH CARE DENTAL TRUST 110 OE3 1539-0005 0.00 4117.68
1020 607139 03/26/04 3026 HEALm CARE DENTAL TRUSr 110 CEA 1539-0006 0.00 5978.94
TOTAL CHECK 0.00 13819.64
1020 607140 03/26/04 lZ35 HIGHMARK LIFE INSURANCE 6414570 LTD 0.00 7337.60
1020 607140 03/26/04 1235 HIGHMARK LIFE INSURANCE 110 LIFE AD & D 0.00 9256.52
TOTAL CHECK 0.00 16594.12
1020 607141 03/26/04 1410 HILLYARD 5606640 SUPPLIES 0.00 232.95
1020 607142 03/26/04 2540 HILTI 2708405 SUPPLIES A25426 0.00 532.97
1020 607143 03/26/04 3111 HOBEE'S DE ANZA 1101000 MAYOR'S BRKFST 3/16 0.00 103.77
1020 607144 03/26/04 2027 MARSHA HOVEY 1104400 VALLCO SUPPLIES 0.00 164.97
1020 607145 03/26/04 M HSIEH. KATY sao Refund, Check - SPRING 0.00 125. 00
1020 607146 03/26/04 M2004 ICC PENINSULA CHAPTER 1107501 ICC DUES G.CASTEEL 0.00 60.00
1020 607147 03/26/04 343 ICMA RETIREMENT TRUST-45 110 "ICMA 0.00 5787.13
1020 607148 03/26/04 353 IRON MOUNTAIN 1104300 FY 2003-2004 OPEN PURC 0.00 390 .84
1020 607149 03/26/04 M Irving, Lynn (Dorothy) 550 Refund, Check - #1150. 0.00 500.00
1020 607150 03/26/04 M Jensen. Mary 550 Refund, Check - Withdr 0.00 79.00
RUN DATE 03/25/04 TIME 11 ,26 ,45
- FINANCIAL ACCOUNTING
....-
)-5
03/25/04
ACCOUNTING PERIOD, 9/04
CITY OF CUPERTINO
PAGE 5
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT nn_n -n--nVENDORn-nnnnn FUND/DEPT nn-DESCRIPTIONnnn SALES TAX AMOUNT
1020 607151 03/26/04 2882 ROBERT A. KIM 1103501 INSTALL PROJECT 0.00 99.50
1020 607151 03/26/04 2882 ROBERT A. KIM 1103500 INSTALL PROJECT 0.00 875.50
TOTAL CHECK 0.00 975.00
1020 607152 03/26/04 1972 KIMBALL-MIDWEST 6308840 SUPPLIES RETURN o. 00 -107.26
1020 607152 03/26/04 1972 KIMBALL-MIDWEST 6308840 SHOP SUPPLIES A25421 0.00 417.11
TOTAL CHECK 0.00 309.85
1020 607153 03/26/04 1821 JULIA LAMY 5506549 SUPPLIES 0.00 143.67
1020 607154 03/26/04 1217 THE LEARNING GAME 5806349 SUPPLIES 0.00 251.15
1020 607155 03/26/04 1396 LIEBERT CASSIDY WHITMORE 1104511 CUO60 00008 RSW 0.00 3152.00
1020 607155 03/26/04 1396 LIEBERT CASSIDY WHITMORE 1104511 CUO60 00001 RCB 0.00 915.00
TOrAL CHECK o. 00 4067.00
1020 607156 03/26/04 M LINDSLEY. SHARON 580 Refund, Check - WINTER 0.00 110.00
1020 607157 03/26/04 M Lederer. Lee 550 Refund, Check - #1150. 0.00 500.00
1020 607158 03/26/04 M Leo. Kathy 550 REFD, 54514 & 54539 0.00 2000.00
1020 607159 03/26/04 1463 MAACO AUTO PAINTING & BD 6308840 TIME/MATERIALS 0.00 695."
1020 607160 03/26/04 2942 MACKE WATER SYSTEMS. INC 1108501 RENTAL 4/01-5/31 0.00 60.62
1020 607161 03/26/04 1599 MANAGED HEALTH NETWORK I 1104510 ASSISrANCE APRIL2004 0.00 970.50
1020 607162 03/26/04 1149 MARTINDALE - HUBBELL 1101500 2004 SUBSCRIPTION 0.00 1784.41
1020 607163 03/26/04 M20O4 MBCICC 1107501 MBCICC DUES CASTEEL 0.00 20. 00
1020 607163 03/26/04 M2004 MBcrcc 1107501 MBCICC DUES SOUARCIA 0.00 20.00
TOTAL CHECK 0.00 40.00
1020 607164 03/26/04 2567 MISDU 110 J TRYBUS 385960533 0.00 221.50
1020 607165 03/26/04 3144 MSI ENGINEERING 2709450 COMPLETE SINKHOLE JOB 0.00 3408.70
1020 607165 03/26/04 3144 MSI ENGINEERING 2709450 REPAIR SINK HOLE 0.00 7024.36
TOTAL CHECK 0.00 10433.06
1020 607166 03/26/04 1228 MUSICAL ME. INC. 5806249 SERVICE AGREEMENT FOR 0.00 4354.20
1020 607167 03/26/04 3143 DONNA M. KISSINGER, LLC 5806349 PONY/PETTING ZOO 4/7 0.00 770. 00
1020 607168 03/26/04 M Mahoney. Michael 550 Refund, Check - #1150, 0.00 1000.00
1020 607169 03/26/04 M Men. Li-Miin 550 Refund, Check - Withdr 0.00 26.00
1020 607170 03/26/04 M Moss. Barbara F. 550 Refund, Check - #1150. 0.00 1000.00
1020 607171 03/26/04 M Muir. Karen 550 Refund, Check Class 0.00 60.00
RUN DATE 03/25/04 TIME 11,26,45 FINANCIAL ACCOUNTING
J -~
03/25/04 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, . trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT uu- _uuu uVENDORuu --- - ----- FUND/DEPT u u -DESCRIPTIONu - -- - SALES TAX AMOUNT
1020 607172 03/26/04 M NATESAN, RAMKI 580 REFDS 257206 & 257205 0.00 40.00
1020 607173 03/26/04 302 NATIONAL DEFERRED COMPEN 110 'NAT'L DEF 0.00 17642.67
1020 607174 03/26/04 485 NEWMAN TRAFFIC SIGNS 2708405 FY 2003-2004 OPEN PURC 0.00 316.50
1020 607174 03/26/04 485 NEWMAN TRAFFIC SIGNS 2708405 FY 2003-2004 OPEN PURC 0.00 637.50
TOTAL CHECK 0.00 954.00
1020 607175 03/26/04 489 NOTEWORrHY MUSIC SCHOOL 5806249 SERVICE AGREEMENT FOR 0.00 6620.00
1020 607176 03/26/04 M Nishimoto. Bill 550 Refund, Check - #1124. 0.00 500.00
1020 607177 03/26/04 M Nishimoto, Joan 550 Refund, Check #1124. 0.00 500.00
1020 607178 03/26/04 493 OFFICE DEPOT 1101200 OFFICE SUPPLIES 0.00 37.73
>020 607178 03/26/04 493 OFFICE DEPOT 1104400 OFFICE SUPPLIES 0.00 228.81
1020 607178 03/26/04 493 OFFICE DEPOT 1108601 OFFICE SUPPLIES 0.00 223.84
1020 607178 03/26/04 493 OFFICE DEPOT 1103300 OFFICE SUPPLIES 0.00 21. 33
1020 607178 03/26/04 493 OFFICE DEPOT 1107501 OFFICE SUPPLIES 0.00 39.58
1020 607178 03/26/04 493 OFFICE DEPOr 1104000 OFFICE SUPPLIES 0.00 11.55
1020 607178 03/26/04 493 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 97.96
1020 607178 03/26/04 493 OFFICE DEPOT 1104400 ERASE BOARD 0.00 112.16
1020 607178 03/26/04 493 OFFICE DEPOT 5706450 OAK CABINET 0.00 757.47
1020 607178 03/26/04 493 OFFICE DEPOT 1101200 OFFICE SUPPLIES 0.00 40.79
1020 607178 03/26/04 493 OFFICE DEPOT 4239222 OFFICE SUPPLIES 0.00 122.11
1020 607178 03/26/04 493 OFFICE DEPOT 1101201 OFFICE SUPPLIES 0.00 6.48
1020 607178 03/26/04 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 12.54
1020 607178 03/26/04 493 OFFICE DEPOT 1104100 OFFICE SUPPLIES 0.00 167.76
1020 607178 03/26/04 493 OFFICE DEPOT 5706450 OFFICE SUPPLIES 0.00 118.13
1020 607178 03/26/04 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 344.82
TOTAL CHECK 0.00 2343.06
1020 607179 03/26/04 3095 EVAN OLaS 1103501 2/17-3/12 INSTALL PRJ 0.00 852.00
1020 607180 03/26/04 1190 RONALD OLDS 1103500 MAINTENANCE 2/17-3/01 0.00 546.25
1020 607181 03/26/04 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 715.81
>020 607182 03/26/04 500 OPERATING ENGINEERS PUB 110 H & W PW EMPLOYEES 0.00 4248.00
1020 607182 03/26/04 500 OPERATING ENGINEERS PUB 1104510 H & W PW RETIRED SP. 0.00 5658.00
rOTAL CHECK 0.00 9906.00
1020 607183 03/26/04 833 PER S 110 'PERS BYBK 0.00 462.65
1020 607183 03/26/04 833 PER S 110 PERS SPEC 0.00 143.89
1020 607183 03/26/04 833 PER S 110 PERS EMPLR 0.00 7027.03
1020 607183 03/26/04 833 PER S 110 PERS EMPLY 0.00 25813.48
1020 607183 03/26/04 833 PER S 110 'PERS BYEK 0.00 123.70
1020 607183 03/26/04 833 PER S 110 PERS 1959 0.00 115.32
TOTAL CHECK 0.00 33686.07
RUN DATE 03/25/04 TIME 11,26,45
- FINANCIAL ACCOUNTING
J-I
03/25/04 CITY OF CUPERTINO PÀGE 1
ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENT FUND
SELEerION CRITERIA, transact, trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT nnn__- _nnVENDOR-n_nnnn- FUND/DEPr n - nDESCRIPTIONn - --- SALES TAX AMOUNT
1020 607184 03/26/04 1039 PACIFIC COAST FLAG 1108503 SUPPLIES 0.00 51. 23
1020 607185 03/26/04 1699 PACIFIC GAS & ELECTRIC C 1108503 10981 FRANCO 30289170 0.00 1223.80
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY SYS JUN2004 0.00 37.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 SECURITY SYS APR2004 0.00 39.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108511 SECURITY/FIRE APR2004 0.00 70.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108511 SECURITY/FIRE MAY2004 0.00 70.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108511 SECURITY/FIRE JUN2004 0.00 70.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 SECURITY/FIRE MAY2004 0.00 124.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108509 SECURITY SYS APR2004 0.00 55.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108509 SECURITY SYS MAY2004 0.00 55.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108509 SECURITY SYS JUN2004 0.00 55.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 ACCESS SYS JUN2004 0.00 219.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 ACCESS SYS MAY2004 0.00 219. 00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5708510 FIRE SYSTEM APR2004 0.00 159.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5708510 FIRE SYSTEM MAY2004 0.00 159.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE APR2004 0.00 46.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE JUN2004 0.00 46.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606620 SECURITY APR2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5708510 FIRE SYSrEM JUNE2004 0.00 159.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 SECURITY SYS MAY2004 0.00 39.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108504 FIRE SYSTEM MAY2004 0.00 204.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108505 SECURITY SYS MAY2004 0.00 46 .00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE MAY2004 0.00 46 .00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 ACCESS SYS APR2004 0.00 219.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 SECURITY/FIRE JUN2004 0.00 124.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108501 SECURITY/FIRE APR2004 0.00 124.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 REC FIRE/M. VISTA JUN4 0.00 165.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606620 SECURITY APR2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY/FIRE APR2004 0.00 81.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606640 SECURITY APR2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WESr SECURITY IN 5606620 SECURITY MAY2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606620 SECURITY MAY2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606640 SECURITY MAY2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108505 SECURITY SYS APR2004 0.00 46.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY SYS MAY2004 0.00 37.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108505 SECURITY SYS JUN2004 0.00 46 .00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606620 SECURITY JUN2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WESr SECURITY IN 5606620 SECURITY JUN2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 5606640 SECURITY JUN2004 0.00 45.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY/FIRE MAnO04 0.00 81. 00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY SYS APR2004 0.00 37. 00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 SECURITY SYS JUN2004 0.00 39.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 REC FIRE/M. VISTA MAY4 0.00 165.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108504 FIRE SYSTEM APR2004 0.00 204.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108504 FIRE SYSTEM JUN2004 0.00 204.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108507 REC FIRE/M. VISTA APR4 0.00 165.00
1020 607188 03/26/04 515 PACIFIC WEST SECURITY IN 1108503 SECURITY/FIRE JUN2004 0.00 81. 00
TOTAL CHECK 0.00 4140. 00
RUN DATE 03/25/04 TIME 11,26,45
- FINANCIAL ACCOUNTING
J-ð
03/25/04
ACCOUNT!NG PERIOD, 9/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA,
.trans~date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT _nnn_------VENDOR-_nnn_nn FUND/DEPT
1020 607189 03/26/04 520 PAPERDIRECT INC 5706450
1020 607190 03/26/04 533 PERS LONG TERM CARE PROG 110
1020 607191 03/26/04 M2004 PICOLLO CONCRETE CONSTRU 110
1020 607192 03/26/04 M PORCIUNCULA, AUREA 980
1020 607193 03/26/04 560 PUBLIC DIALOGUE CONSORT! 1108101
1020 607193 03/26/04 560 PUBLIC DIALOGUE CONSORT! 4259313
1020 607193 03/26/04 560 PUBLIC DIALOGUE CONSORT! 4239222
1020 607193 V 03/26/04 960 PUBLIC DIALOGUE CONSORT! 4239222
1020 607193 V 03/26/04 960 PUBLIC DIALOGUE CONSORT I 1108101
1020 607193 V 03/26/04 960 PUBLIC DIALOGUE CONSORT I 4259313
TOTAL CHECK
1020 607194 03/26/04 M Papp. Dorothy 550
1020 607195 03/26/04 M Patterson. Mary Lou 550
1020 607196 03/26/04 M Perry. Mildred 550
1020 607197 03/26/04 M Pichai. Malathy 550
1020 607198 03/26/04 2441 RENEE RAMSEY 9806249
1020 607199 03/26/04 602 ROYAL COACH TOURS 5506549
1020 607200 03/26/04 M Reed, Ronald 550
1020 607201 03/26/04 345 SAN FRANCISCO ELEVATOR 1108501
1020 607202 03/26/04 631 SANTA CLARA CO DEPT ENVI 1108005
1020 607202 03/26/04 631 SANTA CLARA CO DEPT ENVI 1108005
TOrAL CHECK
1020 607203 03/26/04 1249 SANTA CLARA COUNTY 1108005
1020 607204 03/26/04 258 SANTA CLARA COUNTY 110
1020 607205 03/26/04 63B SARATOGA TREE SERVICE 1108303
1020 607206 03/26/04 2875 SAVIN CREDIT CORP 1104310
1020 607207 03/26/04 2692 SBC 1108501
1020 607207 03/26/04 2692 SBC 1108501
1020 607207 03/26/04 2692 SBC 1108501
1020 607207 03/26/04 2692 SBC 570B510
TOTAL CHECK
1020 607208 03/26/04 511 SBC/MCI 1108501
RUN DATE 03/25/04 TIME 11,26,45
nn-DESCRIPTION-nn-
SUPPLIES A26286
PERS LTC/2405
REPD ENCROACH BOND
Refund, Check - WINTER
BMP SHEETS
CC PARK PLANS
CC&L PLANS
CC&L PLANS
BMP SHEETS
CC PARK PLANS
Refund, Check - #1150.
Refund, Check - Class
Refund, Check - Withdr
Refund, Check
#1124,
SERVICE AGREEMENT FOR
LEGION HONOR/ZOO 3/1B
Refund, Check - #1150.
FY 2003-2004 OPEN PURC
OVERPAYMENT
STATE UST SERV FEE
SERVICE FEES
V ORTEGA 563312780
EMERGENCY TREE SERV
JO131303354 APR2004
2/0B-3/07
2/0B-3/07
2/0B-3/07
2/OB-3/07
#5171195 2/16-3/15
SALES TAX
0.00
0.00
0.00
O. 00
0.00
O. 00
o. 00
O. 00
o. 00
O. 00
o. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O. 00
- FINANCIAL ACCOUNTING
PAGE 8
AMOUNT
340.82
117.80
500.00
18.00
69.82
49.39
248.43
-248.43
-69.82
-49.39
o. 00
500.00
60.00
26. 00
500.00
661.25
663.01
1000.00
493. 08
-30.00
45. 00
15.00
39 .00
5BB. 00
1650.00
114.66
55.13
55.13
55.13
55.13
220.52
95.21
)-~
03/25/04
ACCOUNTING PERIOD, 9/04
CITY OF CUPERTINO
SELECTION CRITERIA, transact. trans_date between "03/22/2004" and "03/26/2004"
CHECK REGISTER - DISBURSEMENT FUND
CASH ACCT CHECK NO
FUND - HO - GENERAL FUND
1020 607208
TOTAL CHECK
1020 607209
1020 607210
1020 6O72H
1020 6O72l2
1020 6O72l2
TOTAL CHECK
1020 607213
1020 607214
1020 607215
1020 607216
1020 607217
1020 6O72l8
1020 607219
1020 607219
TOTAL CHECK
1020
1020
1020
607220
607220
607220
TOTAL CHECK
1020 607221
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
1020 607222
TOTAL CHECK
1020
1020
607223
607223
03/26/04 5H
ISSUR DT u_-hu_uu-VENDORu--_uh_--- FUND/DEPT
HO8501
03/26/04 M
03/26/04 651
03/26/04 3133
03/26/04 2810
03/26/04 2810
03/26/04 2320
03/26/04 2484
03/26/04 677
03/26/04 2513
03/26/04 1012
03/26/04 529
03/26/04 2045
03/26/04 2045
03/26/04 695
03/26/04 695
03/26/04 695
03/26/04 M
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 700
03/26/04 701
03/26/04 701
SBC/MCI
SHI, JING
sao
SIERRA PACIFIC TURF SUPP 5606620
SIERRA RAILROAD 5506549
SMART & FINAL 5806349
SMART & FINAL 5706450
SNAP-ON INDUSTRIAL 6308840
SPRAY MART II 2708404
srATE STREET BANK & TRUS HO
MARTHA MARIA STEINER
5506549
STOREFRONT DOOR SERVICE HO8501
SUNGARD PENTAMATION, INC 6104800
SVCN
SVCN
H04300
H04300
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
Sorenson. Virginia
550
TARGET SPECIALTY PRODUCT H08315
TARGET SPECIALTY PRODUCT H08315
TARGET SPECIALTY PRODUCT H08314
TARGEr SPECIALTY PRODUCT H08314
TARGET SPECIALTY PRODUCT H08315
TARGET SPECIALTY PRODUCT H08303
TARGET SPECIALTY PRODUCT H08315
TARGET SPECIALTY PRODUCT H08314
TARGET SPECIALTY PRODUCT H08303
TARGET SPECIALTY PRODUCT H08407
TARGET SPECIALTY PRODUCT H08407
TARGET STORES
TARGET STORES
sa 06349
5706450
RUN DATE 03/25/04 TIME H ,26 ,45
PAGE 9
u---DESCRIPTION------ SALES TAX AMOUNT
#2522405 2/16-3/15 0.00 16.37
0.00 HI. 58
Refund, Check SPRING 0.00 264. 00
SUPPLIES A26003 0.00 295.52
OAKDALE TOUR 4/01 O. 00 1083. as
PRESCHOOL SPLY A25712 0.00 245.53
SUPPLIES A26283 0.00 256.85
0.00 502.38
SUPPLIES 20219 0.00 39.69
SUPPLIES A25432 0.00 507.85
'PERS DEF 0.00 3962.86
CLASS, 2/10-3/23/04 0.00 300. 00
TIME/MATERIALS 0.00 5916. 00
DATALINE CHRGS FEB04 0.00 234.28
RUN 3/03 FURNISH/INST 0.00 2H.75
RUN 3/03 STREET SWEEP 0.00 198. 00
0.00 409.75
BINGO SUPPLIES 0.00 236.16
COFFEE SUPPLIES 0.00 135.35
SOCIAL SUPPLIES 0.00 161.43
0.00 532.94
REFD, 54589 & 54590 0.00 573.00
FY 2003-2004 OPEN PURC 0.00 1320.35
FY 2003-2004 OPEN PURC 0.00 619.23
FY 2003-2004 OPEN PURC 0.00 366.56
FY 2003-2004 OPEN PURC 0.00 -1217.81
FY 2003-2004 OPEN PURC 0.00 569.18
FY 2003-2004 OPEN PURC 0.00 930.60
FY 2003-2004 OPEN PURC 0.00 -4965.17
FY 2003-2004 OPEN PURC 0.00 452.65
FY 2003-2004 OPEN PURC 0.00 3690.94
FY 2003-2004 OPEN PURC 0.00 1488.22
FY 2003-2004 OPEN PURC 0.00 157.18
0.00 34H.93
SUPPLIES 22960 0.00 6.88
SUPPLIES 2l 795 0.00 48.98
FINANCIAL ACCOUNTING
J~(Ô
03/25/04 CITY OF CUPERTINO PAGE 10
ACCOUNTING PERIOD, 9/04 CHECK REGISTER - DISBURSEMENr FUND
SELECTION CRITERIA, transact. trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 607223 03/26/04 701 TARGET STORES 5706450 SUPPLIES 21794 0.00 23.24
1020 607223 03/26/04 701 TARGET STORES 1106343 SUPPLIES A25662 0.00 26.20
1020 607223 03/26/04 701 TARGET STORES 5806249 SUPPLIES A25740 0.00 138.57
1020 607223 03/26/04 701 TARGET STORES 5806349 SUPPLIES A25740 0.00 23.35
1020 607223 03/26/04 701 TARGET STORES 5806449 SUPPLIES A25740 0.00 18.80
TOTAL CHECK 0.00 286. 02
1020 607224 03/26/04 1564 TEACHERS' HELPER 5706450 SUPPLIES 254sa 0.00 9.73
1020 607225 03/26/04 M2004 TERRY BROWN 1100000 REFD APPLICATION FEE 0.00 209. 00
1020 607226 03/26/04 M2004 THE WALL STREET JOURNAL 1104000 WALL ST JRNL ATWOOD 0.00 204.59
1020 607227 03/26/04 1763 THEATERFUN INC 5806249 SERVICE AGREEMENT FOR 0.00 768. 00
1020 607227 03/26/04 1763 THEATERFUN INC 5806349 SERVICE AGREEMENT FOR 0.00 811. 00
TOTAL CHECK 0.00 1579. 00
1020 607228 03/26/04 2396 TREADWELL & ROLLO 4259313 GEOTECHNICAL SERV FEB 0.00 2957.50
1020 607229 03/26/04 1993 TREASURER OF ALAMEDA COU 110 A LOPEZ JR 566398126 0.00 253.84
1020 607230 03/26/04 2665 ERIN TURI 5806249 SERVICE AGREEMENr FOR 0.00 1627.50
1020 607231 03/26/04 725 TWISTERS GYMNASTICS INC 5806449 SERVICE AGREEMENT FOR 0.00 24035. 00
1020 607232 03/26/04 M Thomas. Janet 550 REFO, 54510 & 54534 0.00 1000.00
1020 607233 03/26/04 3017 ULI-THE URBAN LAND INSTI 1107200 PLACE MAKING BALANCE 0.00 11. 01
1020 607234 03/26/04 1154 UNITED WAY OF SANTA CLAR 110 UNITED WAY 0.00 99. 00
1020 607235 03/26/04 M UPPULURI. KRISHNA 580 Refund, Check - WINTER 0.00 62. 00
1020 607236 03/26/04 738 VALLEY OIL COMPANY 6308840 FY 2003-2004 OPEN PURC 0.00 4840.16
1020 607236 03/26/04 738 VALLEY OIL COMPANY 6308840 FY 2003-2004 OPEN PURC 0.00 91. 91
1020 607236 03/26/04 738 VALLEY OIL COMPANY 6308840 FY 2003-2004 OPEN PURC 0.00 628.72
TOTAL CHECK 0.00 5560 . 79
1020 607237 03/26/04 M Von Sehoeler, Frances 550 Refund, Check - #1150, 0.00 500.00
1020 607238 03/26/04 2062 WATER PROOFING ASSOCIATE 5708510 INSTALL NEW COUNTER FL 0.00 4748. 00
1020 607239 03/26/04 768 WEST GROUP PAYMENT CENTE 1101500 MCQUILLIN LAW 30 V17 0.00 243.30
1020 607240 03/26/04 2412 WESTERN PACIFIC DIsrRIBU 1108504 PARrS/SUPPLIES 0.00 49.22
1020 607241 03/26/04 2845 JULIE WONG 5806249 SERVICE AGREEMENr FOR 0.00 1468.00
1020 607242 03/26/04 2988 MARK WRIGHT sa06449 SERVICE AGREEMENT FOR 0.00 3568. 00
1020 607243 03/26/04 793 NANCY WULFF sa 06249 SERVICE AGREEMENT FOR 0.00 1748. 00
RUN DATE 03/25/04 TIME 11026 ,45
- FINANCIAL ACCOUNTING
:rll
03/25/04
ACCOUNTING PERIOD, 9/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "03/22/2004" and "03/26/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT u___---_nn-VENDOR--------_nn FUND/DEPT
1020 607244 03/26/04 M Wible. Arlene
1020 607245 03/26/04 M YANG. KEWEI
1020 607246 03/26/04 M YOO. JUN I
1020 607247 03/26/04 M Zaidelson. Rosa
550
5BO
580
550
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
RUN DATE 03/25/04 TIME 11,26,45
PAGE 11
u ---DESCRIPTION- _nn
SALES TAX
AMOUNT
Refund, Check #1124. 0.00 500.00
Refund, Check SPRING 0.00 14 .00
Refund, Check WINTER 0.00 165.66
Refund, Check Class 0.00 60.00
0.00 331186.72
0.00 331186.72
0.00 331186.72
- FINANCIAL ACCOUNTING
'3 -{ L.
DRAFT
RESOLUTION NO. 04-295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
APRIL 02, 2004
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
(V/lAA1Ji! r2. ~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19thdayof April ,2004, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATIEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
3-/3
04/01/04
ACCOUNTING PERIOD, 10104
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans~date between "03/29/2004" and "04/02/2004"
FUND - no - GENERAL PUND
CASH ACCT CHECK NO
ISSUE DT _nnnnnn-VENDOR--_n_--____- FUND/DEPT
1020 607248 04/02104 3148 A CONTAINER DELIVERY SER 1104400
1020 607249 04/02/04 3135 A-I RADIATOR 6308840
1020 607250 04/02/04 M2004 AARON FRIEDMAN 1306343
1020 607251 04/02/04 2825 ACADEMIC CHESS 5806349
1020 607252 04/02/04 13 ACME & SONS SANITATION C 5606640
1020 607253 04/02/04 29 LYNNE DIANE AITKEN 5806449
1020 607254 04/02/04 1452 AMERICAN PLANNING ASSOCI 1307301
1020 607255 04/02/04 44 AMERICAN RED CROSS 1304400
1020 607255 04/02/04 44 AMERICAN RED CROSS 1304400
TOTAL CHECK
1020 607256 04/02/04 3138 AMTECH SAN FRANCISCO ELE 1108501
1020 607257 04/02/04 57 ARAMARK 1304510
1020 607257 04/02/04 57 ARAMARK 1308201
TOTAL CHECK
1020 607258 04/02/04 2504 ANNE-LORRAINE BARI 5706450
1020 607259 04/02/04 968 BAP AUTO PARTS 6308840
1020 607260 04/02/04 2933 BAY GLASS COMPANY 1308504
1020 607261 04/02/04 1348 BAYSHORE FENCE CO mc 1306647
1020 607262 04/02/04 M2004 BETHEL LUTHERAN CHURCH no
1020 607263 04/02/04 2179 BIGGS CARDOSA ASSOCIATES 2709449
1020 607264 04/02/04 867 BRIAN KANGAS FOULK 2709430
1020 607265 04/02/04 3151 DAWN BRIDGES. MFT 1302402
1020 607266 04/02/04 2895 BROWING-FERRIS INDUSTRIE 5208003
1020 607267 04/02/04 2682 CALIFORNIA CAD SOLUTIONS 6109853
1020 607268 04/02/04 2563 CALIFORNIA JANITORIAL 5208003
1020 607269 04/02/04 1476 CANNON DESIGN GROUP no
1020 607269 04/02/04 1476 CANNON DESIGN GROUP 110
TOTAL CHECK
1020 607270 04/02/04 149 CASH 1301000
RUN DATE 04/01/04 TIME 11,50,02
n_nDESCRIPTIONn_---
SALES TAX
MOVE STORAGE UNITS 0.00
PRESSURE TEST A25418 0.00
TEEN CENTER SUPPLIES 0.00
SERVICE AGREEMENT FOR 0.00
FY 2003 -2004 OPEN PURC 0.00
SERVICE AGREEMENT FOR 0.00
APA DUES C.JUNG 91760 0.00
CERTIFICATION FEE 0.00
PARTICIPANT BOOKS 0.00
0.00
FY 2003-2004 OPEN PURC 0.00
COFFEE SUPPLIES 0.00
COFFEE SUPPLIES 0.00
0.00
SERVICE AGREEMENT FOR 0.00
FY 2003-2004 OPEN PURC 0.00
REPLACE MIRROR 0.00
FENCE REPAIR 0.00
REFD UNUSED DEPOSIT 0.00
PUBLIC WORKS CONTRACT 0.00
P.O. nOO030281 CARRYOVE 0.00
SERVICE 2/24-3/23/04 0.00
LANDFILL FEB2004 0.00
MAP CONVERSION 0.00
SUPPLIES 17379 (81) 0.00
ARCHITECT RVW R24596 0.00
ARCHITECT RVW R24019 0.00
0.00
P.CASH 3/13-3/31 0.00
FINANCIAL ACCOUNTING
~
PAGE 1
AMOUNT
510.00
97.50
75.75
6400.00
112.83
336.00
329.00
160. DO
350.00
510.00
193.78
76 .55
26.98
103.53
455. DO
26.89
420.62
275.00
328.60
130000.00
544.50
1000. DO
104680.44
250.00
108.44
240.00
480.00
720.00
155.53
'3 -( '-{
04/01/04
ACCOUNTING PERIOD, Ia/a4
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact,trans_date between "a3/29/20a4" and "a4/a2/2aa,"
FUND - no - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT n_nnnnn-VENDORnnnn_nn FUND/DEFT
I020 607270 04/02/04 149 CASH n04100
1020 607270 04/02/04 149 CASH n04510
I020 607270 04/02/04 149 CASH n045IO
1020 607270 04/02/04 149 CASH 4239222
I020 607270 04/02/04 149 CASH 6109856
1020 607270 04/02/04 149 CASH nooooo
1020 607270 04/02/04 149 CASH n04100
1020 607270 04/02/04 149 CASH n04000
I020 607270 04/02/04 149 CASH n03500
1020 607270 04/02/04 149 CASH n04400
TOTAL CHECK
1020 607271 04/02/04 1820 CERIDIAN BENEFITS SERVIC no
1020 607272 04/02/04 M2004 CHIH CHEN no
1020 607273 04/02/04 2871 JACKSON CHOW 5806349
1020 607274 04/02/04 166 KIMBERLY MARIE CLARK 5806449
1020 607275 04/02/04 3032 CONSTRUCTION TESTING SER 4239222
I020 607276 04/02/04 183 COTTON SHIRES & ASSO INC no
I020 607277 04/02/04 187 MARY J CRAWFORD 5806349
1020 607277 04/02/04 187 MARY J CRAWFORD 5806349
TOTAL CHECK
ro20 607278 04/02/04 197 CTC FUNDING. LLC na1500
I020 607279 "102104 198 CUPERTINO UNION SCHL DIS 5806449
1020 607280 04/02/04 2085 DB PROMOTIONS nO1200
1020 607280 04/02/04 2085 DB PROMOTIONS nO1200
TOTAL CHECK
1020 607281 04/02/04 209 DE ANZA SERVICES INC n08504
1020 607282 04/02/04 1838 DELL MARKETING L.P. 6104800
1020 607283 a4/02/04 1492 DENCO SALES COMPANY 2708405
I020 607284 04/02/04 3094 SACHIN DESHMUKH 5706450
I020 607285 04/02/04 1242 DIGITAL PRINT IMPRESSION n04100
1020 607285 04/02/04 1242 DIGITAL PRINT IMPRESSION n04310
1020 607285 a4/02/04 1242 DIGITAL PRINT IMPRESSION nO8601
1020 607285 a4/02/04 1242 DIGITAL PRINT IMPRESSION nO8601
TOTAL CHECK
1020 607286 04/02/04 220 DISCOUNT SCHOOL SUPPLY 5806349
RUN DATE 04/01/04 TIME n, 50,02
PAGE 2
nn-DESCRIPTION--_n- SALES TAX AMOUNT
P.CASH 3/n-3/31 0.00 12.98
P.CASH 3/n-3/31 0.00 8.00
P.CASH 3/n-3/3I 0.00 20.80
P.CASH 3/n-3/31 0.00 44.99
P.CASH 3/n-3/3I 0.00 13.77
P.CASH 3/n-3/31 0.00 -0. 07
P.CASH 3/n-3/31 0.00 13.00
P.CASH 3/n-3/31 0.00 44.75
P.CASH 3/n-3/31 0.00 5.08
P.CASH 3/n-3/31 0.00 23.71
0.00 342.54
MAR2004 FSA FEES 0.00 63. 00
ARCHITECT RVW DPST 0.00 145.53
SERVICE AGREEMENT FOR 0.00 3944. 00
SERVICE AGREEMENT FOR 0.00 57.75
PUBLIC WORKS CONTRACT 0.00 650.00
GEOLOGIC RVW R246I2 0.00 870.00
SPORTS.FUN & GAMES 0.00 95L80
JKR NC O'KAIGAN DOJO 0.00 1079.53
0.00 203L33
70-lD-CU APRIL04 RENT 0.00 4797.00
FY 2003-2004 OPEN PURC 0.00 639.80
LEATHER PORrFOLIO 0.00 55.87
SERVICE AWARDS 0.00 62.53
0.00 n8.40
SHAMPOO CARPETS 3/25 0.00 400.00
5I2 MB MEMORY MODULES 0.00 927.41
SUPPLIES A25431 0.00 n5.77
SERVICE AGREEMENT FOR 0.00 450 .00
WINDOW ENVLPS (IOK) 0.00 3959.22
LETTERHEAD ENV (5K) 0.00 2564.06
B. CARDS/J. CENA 0.00 53.22
B. CARoS/C. CALDWELL 0.00 53.n
0.00 6629.71
SUPPLIES A25710 0.00 123.78
- FINANCIAL ACCOUNTING
]-/)
04/01/04
ACCOUNTING PERIOO, 10/04
CITY OF CUPERTINO
PAGE 3
CHECK REGISTER - DISBURSEMENT FUNO
SELECTION CRITERIA, transact. trans_date between "03/29/2004" and "04/02/2004"
FUND - 110 - GENERAL FUND
CASH ACcr CHECK NO ISSUE DT nnnnnnnVENDORnnnn_nn FUND/DEPT -----DESCRIPTIONn n_- SALES TAX AMOUNT
1020 607286 04/02/04 220 DISCOUNT SCHOOL SUPPLY saO6349 SUPPLIES A25703 0.00 191. 36
TOTAL CHECK 0.00 3".14
1020 607287 04/02/04 1958 DISPENSING TECHNOLOGY 2708404 YELLOW AND BLACK PAINT 0.00 1260.19
1020 607288 04/02/04 223 DON & MIKE'S SWEEPING IN 2308004 STREET SWEEP MARCH04 0.00 12212.36
1020 607289 04/02/04 2664 KATHLEEN DUTRA 5806449 SERVICE AGREEMENT FOR 0.00 728.00
1020 607290 04/02/04 3136 E-ZUP. INC. 5706450 SPORTS CENTER SUPPLIES 0.00 1505.89
1020 607290 04/02/04 3136 E-ZOP. INC. 5706450 SPORTS CENTER SUPPLIES 0.00 1000.82
TOTAL CHECK 0.00 2506.71
1020 607291 04/02/04 1912 ELESCO,EMERGENCY LIGHTIN 1108504 SUPPLIES 0.00 104.33
1020 607292 04/02/04 2762 ELEVATOR SERVICE CO.. IN 5606660 ELEVATOR REPAIR 0.00 380.25
1020 607293 04/02/04 250 EUPHRAT MUSEUM OF ARr saO6349 SERVICE AGREEMENT FOR 0.00 3396.00
1020 607294 04/02/04 253 EXCHANGE LINEN SERVICE 1106265 LINENS/SPECIAL EVENT 0.00 280.80
1020 607295 04/02/04 3062 JULIA FENG 5806449 SERVICE AGREEMENT FOR 0.00 1069.31
1020 607296 04/02/04 2304 FIELD PAOLI ARCHITECTURE 4269212 PUBLIC WORKS CONTRACT 0.00 2493.71
1020 607297 04/02/04 2361 FIRST BANKCARD 1108506 STATEMENT MARCH2004 0.00 42.59
1020 607297 04/02/04 2361 FIRST BANKCARD 1108503 STATEMENT MARCH2004 0.00 336.22
1020 607297 04/02/04 2361 FIRST BANKCARD 1108501 STATEMENT MARCH2004 0.00 1054.98
TOTAL CHECK 0.00 1433.79
1020 607298 04/02/04 2361 FIRSr BANKCARD 1101000 STArEMENT MARCH2004 0.00 363.03
1020 607298 04/02/04 2361 FIRST BANKCARD 1104300 STATEMENT MARCH2004 0.00 30.74
TOTAL CHECK 0.00 393.77
1020 607299 04/02/04 2361 FIRST BANKCARD 5706450 STATEMENT MARCH2004 0.00 40.70
1020 607299 04/02/04 2361 FIRST BANKCARD 1108505 STATEMENT MARCH2004 0.00 167.65
1020 607299 04/02/04 2361 FIRST BANKCARD 1108503 STATEMENT MARCH2004 0.00 455.47
1020 607299 04/02/04 2361 FIRST BANKCARD 1108501 STATEMENT MARCH2004 0.00 325.14
TOTAL CHECK 0.00 988.96
1020 607300 04/02/04 2361 FIRST BANKCARD 5506549 MAR2004 STATEMENT 0.00 1146.72
1020 607301 04/02/04 2361 FIRST BANKCARD 1106343 MAR2004 STATEMENT 0.00 279.92
1020 607301 04/02/04 2361 FIRST BANKCARD saO6249 MAR2004 STATEMENT 0.00 27 .80
1020 607301 04/02/04 2361 FIRST BANKCARD 5706450 MAR2004 STATEMENT 0.00 2250.64
1020 607301 04/02/04 2361 FIRSr BANKCARD 1106342 MAR2004 STATEMENT 0.00 53.16
1020 607301 04/02/04 2361 FIRSr BANKCARD 5806449 MAR2004 STATEMENT 0.00 3719.73
1020 607301 04/02/04 2361 FIRST BANKCARD 5806349 MAR2004 STATEMENT 0.00 108.78
1020 607301 04/02/04 2361 FIRST BANKCARD 1106647 MAR2004 STATEMENT 0.00 33.20
TOTAL CHECK 0.00 6473.23
RUN DATE 04/01/04 TIME 11,SO,O)
- FINANCIAL ACCOUNTING
)-Ib
04/01/04
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans_date between "03/29/2004" and "04/02/2004"
FUND - no - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR--------u--- FUND/DEPT
1020 607302 04/02/04 2361 FIRST BANKCARD n08504
1020 607303 04/02/04 2361 FIRST BANKCARD 5806649
1020 607304 04/02/04 2361 FIRST BANKCARD n03500
1020 607304 04/02/04 2361 FIRST BANKCARD nO3300
1020 607304 04/02/04 2361 FIRST BANKCARD n04000
1020 607304 04/02/04 2361 FIRST BANKCARD n08001
1020 607304 04/02/04 2361 FIRST BANKCARD nO1200
1020 607304 04/02/04 2361 FIRSr BANKCARD n02402
1020 607304 04/02/04 2361 FIRST BANKCARD n01000
1020 607304 04/02/04 2361 FIRSr BANKCARD n03300
TOTAL CHECK
1020 607305 04/02/04 2361 FIRST BANKCARD nO8201
1020 607306 04/02/04 2361 FIRST BANKCARD n08501
1020 607306 04/02/04 2361 FIRST BANKCARD n04400
1020 607306 04/02/04 2361 FIRST BANKCARD n08503
1020 607306 04/02/04 2361 FIRST BANKCARD n08504
1020 607306 04/02/04 2361 FIRST BANKCARD 5708510
1020 607306 04/02/04 2361 FIRST BANKCARD n08508
TOTAL CHECK
1020 607307 04/02/04 3132 SOPHIE GIARETTA 5706450
1020 607308 04/02/04 298 GRAINGER INC nO8830
1020 607308 04/02/04 298 GRAINGER INC n085n
1020 607308 04/02/04 298 GRAINGER INC 2708405
TOTAL CHECK
1020 607309 04/02/04 315 JILL HAFF 5806449
1020 607310 04/02/04 2947 HEXAGON TRANSPORTATION C nO8601
1020 6073n 04/02/04 M HIMENO. YOSHIKO 580
1020 607312 04/02/04 2612 RONALD HOGUE 5506549
1020 607313 04/02/04 2027 MARSHA HOVEY n04000
1020 607313 04/02/04 2027 MARSHA HOVEY nO4400
TOTAL CHECK
1020 607314 04/02/04 341 ICE CENTER OF CUPERTINO 5806449
1020 607315 04/02/04 2528 INDOOR BILLBOARD nO8312
1020 607315 04/02/04 2528 INDOOR BILLBOARD nO8302
1020 607315 04/02/04 2528 INDOOR BILLBOARD nO8303
1020 607315 04/02/04 2528 INDOOR BILLBOARD nO8315
1020 607315 04/02/04 2528 INDOOR BILLBOARD nO8314
TOTAL CHECK
RUN DATE 04/01/04 TIME n,50,03
-----DESCRIPTION------
STATEMENT MARCH2004
SUPPLIES
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
MAR2004 STATEMENT
STATEMENT MARCH2004
STATEMENT MARCH2004
STATEMENT MARCH2004
STATEMENT MARCH2004
SrATEMENT MARCH2004
STATEMENT MARCH2004
STATEMENT MARCH2004
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
PARTS/SUPPLIES
PARTS/SUPPLIES A25437
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
Refund, Check - SPRING
SERVICE AGREEMENT FOR
SUPPLIES
MRC RADIOS
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
SALES TAX
O. 00
0.00
O. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o. 00
0.00
0.00
0.00
0.00
O. 00
0.00
0.00
0.00
0.00
O. 00
O. 00
0.00
0.00
0.00
0.00
O. 00
0.00
0.00
0.00
0.00
0.00
O. 00
- FINANCIAL ACCOUNTING
PAGE 4
AMOUNT
23 .67
234 .16
616.00
182 .00
25.00
25 .00
25.00
397.50
275.95
181.34
1727.79
140.67
39.35
486 .80
108.36
298. 06
147. 03
66.44
n46. 04
494.00
95.18
193.86
267.43
556.47
455. 00
588 .09
75. 00
200. 00
21. 77
216.46
238.23
2948. 00
65.68
65.68
65.68
65 .67
65.68
328.39
J -/7
04/01/04
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans_date between "D3/29/2DD'" and ""/D2/2DD4"
FUND - no - GENERAL FUND
CASH ACCT CHECK NO
lO2D
ID2D
1020
1D20
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
607316
607317
607318
607319
607320
607321
607322
607323
607324
607325
607326
607327
607328
607329
607330
607331
607332
607333
607334
607335
607335
607335
607335
607335
607335
607335
607335
1020 607335
1020 607335
TOrAL CHECK
ISS1Æ DT nnnnnnnVENDORn_nnnnn FUND/DEPT
04/02/04 354
04/02/04 M2004
04/02/04 2285
04/02/04 2292
04/02/04 382
0'/02/04 2728
04/02/04 M
04/02/04 400
04/02/04 M
04/02/04 M2004
04/02/0' 2588
04/02/04 2713
04/02/0' M
04/02/04 M
04/02/04 2579
04/02/04 3109
0'/02/04 485
04/02/04 489
04/02/0' 2639
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
04/02/04 493
JAMES LENEY
J CRAWFORD & ASSOCIATES 5806449
no
KATHRYN KELLY JOESTEN
KIER & WRIGHT
DAYTON PRINTING INC.
JOHN LEE
LEE. SOOKYUNG
LIFETIME TENNIS INC
LIN. YUNG-HS1ÆH
LING YANG
RICHARD A. MADDEN
REBECCA MCCORMICK
MORIKAWA. KEIKO
MUKHERJEE. KDYELI
1106265
1100000
5506549
58064'9
580
5706450
580
110
nO4400
5806449
580
NATIONAL AUDIO-VISUAL SU 1106265
580
NEWMAN rRAFFIC SIGNS
NATIONAL ELEVATOR CO. IN 5708510
2708405
NOTEWORrHY MUSIC SCHOOL 5806349
NOVA FARTNERS INC
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEFaT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
RUN DATE 04/01/0' TIME n,50,03
'239222
n02401
n02401
nOlOOO
nOlOOO
n04300
5806249
n04510
n07405
1107301
n03500
nn-DESCRIPTION-nn-
MEDALS/PLAQ1ÆS A25653
REFD TEMP SIGN PRMT
SERVICE AGREEMENT FOR
REFUND/MAP CHECK FEE
APRIL2004 NEWSLETTER
SERVICE AGREEMENT FOR
Refund, Check - SPRING
SERVICE 3/01-3/29/04
Refund, Check - SPRING
ARCHITECT RVW DPST
SOFTWARE
SERVICE AGREEMENr FOR
REFDS 259494 & 259493
Refund, Check - SPRING
SOUND CRAFr RADIUS COR
24 HR MONITORING
FY 2003-200' OPEN PURC
SERVICE AGREEMENT FOR
PUBLIC WORKS CONTRACT
OFFICE SUPPLIES
WATER
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
COFFEE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
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
- FINANCIAL ACCOUNTING
PAGE 5
AMOUNT
455.14
145. DO
87 .50
33.00
562.90
239.00
90.00
12026.50
120.00
265.42
49.95
336.00
297.00
75.00
1726.00
15.00
923.50
6062 .00
52004.13
10.49
15.48
30.96
75.87
29.61
166.77
130.10
14.05
14.36
51. 99
539.68
)-/ó
04/01/04 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "03/"/2004" and "04/02/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT ____hhh- --VENDOR- - - -- --- -- - - - FUNDIDEPT -----DESCRIPTION- - - -- - SALES TAX AMOUNT
1020 607336 04/02104 1190 RONALD OLDS 1103500 VTR MAINTENANCE 0.00 546.25
1020 607337 04/02/04 502 OPT INC 6104800 UPDATED MAINTENANCE CO 0.00 1460.00
1020 607338 04/02/04 504 ORIENTAL TRADING CO 5806349 OFFICE SUPPLY A25711 0.00 405.41
1020 607339 04/02/04 2444 PACIFIC GAS & ELECTRIC 1108101 2/21-3/23 RICOCHET 0.00 1042.21
1020 607339 04/02104 2444 PACIFIC GAS & ELECrRIC 1108830 2/21-3/23 0.00 19541.94
rOTAL CHECK 0.00 20584.15
1020 607340 04/02/04 2622 PACIFIC SURFACING. INC. 2708404 ASPHALT PAVEMENT REPAI 0.00 3455.00
1020 607341 04/02/04 515 PACIFIC WEST SECURITY IN 1108506 SERVICE CALL 3/19 0.00 145. 00
1020 607342 04/02/04 520 PAPERDIRECT INC 1106265 OFFICE SUPPLY A25624 0.00 139.90
1020 607343 04/02/04 526 PENINSULA OIGITAL lMAGIN 4239222 CC&L IMPROVE PLANS 0.00 248 .43
1020 607343 04/02/04 526 PENINSULA DIGITAL IMAGIN 4259313 CC PARK IMPROV PLANS 0.00 49.39
1020 607343 04/02/04 526 PENINSULA DIGITAL IMAGIN nO8101 BMP SHEETS 0.00 69.82
TOTAL CHECK 0.00 367.64
1020 607344 04/02/04 1494 PENNY SAVER 5706450 13 WEEK AD FR 4/4 TO 7 0.00 5343.00
1020 607345 04/02/04 545 JEFF PISERCHIO 5606640 SERVICE 3/17-3/30 0.00 1956.00
1020 607346 04/02104 3150 KRISTEN POPOVICH. MFT n02402 SERV 2/24-3/23/04 0.00 1000.00
1020 607347 04/02/04 2661 PROFESSIONAL TURF MGMNT. 5606640 PUBLIC WORKS CONTRACT 0.00 14947.92
1020 607348 04/02/04 2598 PUBLIC EMPLOYEES nO4510 VALUATION FEE 0.00 200. 00
1020 607349 04/02/04 3093 Q. C. DOUGHTY 5706450 SERVICE AGREEMENT FOR 0.00 292.00
1020 607350 04/02/04 2649 QUILL nO1500 SUPPLIES 0.00 45.97
1020 607351 04/02/04 571 RAINBOW RACING SYSTEM 5806449 SUPPLIES A25750 0.00 159.00
1020 607352 04/02/04 3060 JAMIE RIEGER 5806349 SERVICE AGREEMENT FOR 0.00 428.50
1020 607353 04/02/04 2482 ROBERT HALF TECHNOLOGY 6104800 CFUNDERBURK 3/12 0.00 864.00
1020 607353 04/02/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURK 3/19 0.00 864.00
1020 607353 04/02/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURK 3/05 0.00 864.00
rOTAL CHECK 0.00 2592.00
1020 607354 04/02/04 M ROSS. BARBARA 580 Refund, Check - SPRING 0.00 50.00
1020 607355 04/02/04 602 ROYAL COACH TOURS 5506549 POINT RICHMONO 3/23 0.00 663.01
1020 607356 04/02/04 2833 THEA RUNYAN 5706450 SERVICE AGREEMENT FOR 0.00 360.00
1020 607357 04/02/04 M SANDERS" VALERIE 580 Refund, Check - SPRING 0.00 145.00
RUN DATE 04/01/04 TIME n,SO,03
- FINANCIAL ACCOUNTING
'3 -19
04/01/04 CITY OF CUPERTINO PAGE 7
ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "03/29/2004" and "04/02/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT hhhhhhhVENDOR----_u------ FUND/DEPT -----DESCRIPTloN------ SALES TAX AMOUNT
1020 607358 04/02/04 1873 SANTA CLARA CNTY FIRE DE 1104510 CPR CARDS. BOOKS 0.00 160.00
1020 607359 04/02/04 633 SANTA CLARA COUNTY SHERI 5806349 DANCE 3/19 0.00 541.66
1020 607360 04/02/04 2875 SAVIN CREDIT CORP 1104310 H3720300010 APR04 0.00 1057.60
1020 607361 04/02/04 511 SBC/MCI 1108501 #0213488 3/01-3/31 0.00 589.29
1020 607361 04/02/04 511 SBC/MCI 6104800 #0215331 3/01-3/31 0.00 589.29
1020 607361 04/02/04 511 SBC/MCI 1108507 #5170211 2/01-2/29 0.00 15.94
TOTAL CHECK 0.00 1194.52
1020 607362 04/02/04 647 ELIZABETH SHANNON 5806449 SERVICE AGREEMENT FOR 0.00 700.00
1020 607363 04/02/04 3053 CHRISTINE SHEPHERD 5806349 SERVICE AGREEMENT FOR O. 00 352.50
1020 607364 04/02/04 2810 SMART. FINAL 1106343 SUPPLIES A25713 0.00 40.68
1020 607365 04/02/04 M SMITH. ROXANN 580 Refund, Check - SPRING 0.00 50.00
1020 607366 04/02/04 1523 JANA SOKALE 4209117 SERVICE AGREEMENr FOR 0.00 2144.88
1020 607367 04/02/04 1421 STANLEY STEEMER 1108504 STEAM CLEAN FURNITURE 0.00 no.oo
1020 607368 04/02/04 684 CHERYL STODDARD 5806449 SERVICE AGREEMENT FOR 0.00 385.00
1020 607369 04/02/04 2045 SVCN 110 MAILING NOTICES 0.00 63 .25
1020 607369 04/02/04 2045 SVCN 110 R24634/22566 NOTICING 0.00 77.00
1020 607369 04/02/04 2045 SVCN 110 MAILING NOTICES 0.00 50.00
1020 607369 04/02/04 2045 SVCN 1100000 MAILING NOTICES 0.00 21. 50
1020 607369 04/02/04 2045 SVCN MAILING NOTICES 0.00 57.75
rOTAL CHECK 0.00 269.50
1020 607370 04/02/04 700 TARGET SPECIALTY PRODUCT 1108407 FY 2003-2004 OPEN PURC 0.00 857.36
1020 607370 04/02/04 700 TARGET SPECIALTY PRODUCT 1108407 FY 2003-2004 OPEN PURC 0.00 99.32
TOTAL CHECK 0.00 956.68
1020 607371 04/02/04 701 TARGET STORES 5706450 SUPPLIES 23854 0.00 34.14
1020 607372 04/02/04 2743 TBW INDUSTRIES. INC. 1103300 CUPERTINO PINS 0.00 2174.50
1020 607373 04/02/04 1763 THEATERFUN INC 5806349 SERVICE AGREEMENT FOR 0.00 1740.50
1020 607374 04/02/04 708 NANCY THOMPSON 5806449 SERVICE AGREEMENT FOR 0.00 409.50
1020 607375 04/02/04 709 LOU THURMAN 5806449 SERVICE AGREEMENT FOR 0.00 1016.94
1020 607376 04/02/04 3105 CELESTE TILLSON 5806349 SERVICE AGREEMENT FOR 0.00 637.33
1020 607377 04/02/04 648 TMT ENTERPRISES. INC. 1108314 BASEBALL INFIELD MIX 0.00 364.67
1020 607377 04/02/04 648 TMT ENTERPRISES. INC. 1108312 BASEBALL INFIELD MIX 0.00 364.67
RUN DATE 04/01/04 TIME 11,50,03
- FINANCIAL ACCOUNTING
]-lD
04/01/04
ACCOUN"NG PERIOD, >0;04
SELECTION CRITERIA,
CITY OF CUPERTINO
FUND - 110 - GENERAL FUND
.trans_date between "03/29/2004" and "04/02/2004"
CHECK REGISTER - DISBURSEMENT FUND
CASH ACCT CHECK NO
1020 607377
TOTAL CHECK
1020 607378
1020 607379
1020 607380
1020 607381
1020 607382
1020 607383
1020 607384
1020 607385
1020 607386
1020 607387
1020 607387
TOTAL CHECK
1020 607388
1020 607389
1020 607390
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
04/02/04 648
ISSUE DT uuu_----_uVENDORuuuuuu- FUND/DEPT
04/02/04 3110
04/02/04 2665
04/02/04 2584
04/02/04 961
04/02/04 738
04/02/04 M
04/02/04 742
04/02/04 2117
04/02/04 750
04/02/04 745
04/02/04 745
04/02/04 779
04/02/04 775
04/02/04 792
TMT ENTERPRISES. INC. 1108315
TUFLEX RUBBER PRODUCTS 5708510
ERIN TURI 5806349
UNIVERSAL DIALOG, INC.
1103300
US BANK
3105306
VALLEY OIL COMPANY
6308840
VAN GOaL. FRANKA
580
COSETTE VIAUD
5806349
RADHA VIGNOLA
5806449
VISION SERVICE PLAN (CA) 110
VMI INC
VMI INC
1103500
4209223
WEST-LITE SUPPLY CO INC 1108501
WESTERN PACIFIC SIGNAL L 1108602
LILY WU
5706450
RUN DATE 04/01/04 TIME 11,SQ,O3
PAGE 8
-----DESCRIPTION---_u SALES TAX AMOUNT
BASEBALL INFIELD MIX 0.00 364.67
0.00 1094.01
CLEANER 0.00 110.60
SERVICE AGREEMENT FOR 0.00 610.00
TRANSLATE 1/27-2/29 0.00 1136.43
FEES 3/01-8/31/04 0.00 525.00
FY 2003-2004 OPEN PURC 0.00 3564.57
Refund, Check SPRING 0.00 48.00
SERVICE AGREEMENT FOR 0.00 683.00
SERVICE AGREEMENT FOR 0.00 1225.80
VISION INSUR APRIL04 0.00 2157.18
COMPOSITE SINGLE UNIT 0.00 1198.33
SERVICE AGREEMENT FOR 0.00 720.00
0.00 1918.33
SUPPLIES 0.00 73.18
CONTROLLER 0.00 405.94
SERVICE AGREEMENT FOR 0.00 342.00
0.00 473927.34
0.00 473927.34
0.00 473927.34
- FINANCIAL ACCOUNTING
")-2.1
DRAFT
RESOLUTION NO. 04-296
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 DES CRill ED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
APRIL 09, 2004
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
~~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of April, 2004, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
7- 22-
a4/aB/a4
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "04/05/2004" and "04/09/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT u__n_uu_uVENDOR-nnn_--u- FUNO/DEPT
1020 606742 V 03/05/04 2504 ANNE-LORRAINE BARI 5706450
1020 607391 04/09/04 44 AMERICAN RED CROSS 1104400
1020 607392 04/09/04 2298 ARCH WIRELESS 1108501
1020 607392 04/09/04 2298 ARCH WIRELESS 1108602
1020 607392 04/09/04 2298 ARCH WIRELESS 1106265
1020 607392 04/09/04 2298 ARCH WIRELESS 1104400
TOTAL CHECK
1020 607393 04/09/04 96 ARROWHEAD MTN SPRING WAT 5606620
1020 607394 04/09/04 M Atkin, Floyd 550
1020 607395 04/09/04 2504 ANNE-LORRAINE BARI 5706450
1020 607396 04/09/04 M Brush. James 550
1020 607397 04/09/04 127 THE CALIFORNIA CHANNEL 1103500
1020 607398 04/09/04 132 CALIFORNIA WATER SERVICE 1108314
1020 607398 04/09/04 132 CALIFORNIA WATER SERVICE 1108508
1020 607398 04/09/04 132 CALIFORNIA WATER SERVICE 1108509
1020 607398 04/09/04 132 CALIFORNIA WATER SERVICE 1108407
TOTAL CHECK
1020 607399 04/09/04 2232 CARIAGA. LOURDES 110
1020 607399 04/09/04 2232 CARIAGA, LOURDES 110
TOTAL CHECK
1020 607400 04/09/04 149 CASH 1108601
1020 607400 04/09/04 149 CASH 1104510
1020 607400 04/09/04 149 CASH 1104000
1020 607400 04/09/04 149 CASH 1101000
1020 607400 04/09/04 149 CASH 4239222
1020 607400 04/09/04 149 CASH 1104400
1020 607400 04/09/04 149 CASH 2204010
TOTAL CHECK
1020 607401 04/09/04 1057 CERIDIAN BENEFITS SERVIC 110
1020 607401 04/09/04 1057 CERIDIAN BENEFITS SERVIC 110
TOTAL CHECK
1020 607402 04/09/04 1156 CRA 110
1020 607403 04/09/04 2626 CHANG. CHEN- YA 1103300
1020 607404 04/09/04 2769 CHARLES M SALTER ASSOCIA 4239222
1020 607404 04/09/04 2769 CHARLES M SALTER ASSOCIA 4239222
1020 607404 04/09/04 2769 CHARLES M SALTER ASSOCIA 4239222
1020 607404 04/09/04 2769 CHARLES M SALTER ASSOCIA 4239222
RUN DATE 04/oa/04 TIME 10,28,35
nn-DESCRIPTION-_nn
SERVICE AGREEMENT FOR
CERTIFICATION FEE
6187076-2 4/10-5/01
6187076-2 4/10-5/01
6187076-2 4/10-5/01
6187076-2 4/10-5/01
BOTTLED DRINK WArER
Refund, 55556 . 55558
SERVICE AGREEMENT FOR
Refund, Check - For Ca
PROGRAMMING APRIL2oo4
2/20-3119
2/20-3/19
2/20-3/19
2/20-3/19
SSGARNSMNT
CSGARNSMNT
P.CASH 4/01-4/06
P.CASH 4/01-4/06
P.CASH 4/01-4/06
P.CASH 4/01-4/06
P.CASH 4/01-4/06
P. CASH 4/01-4/06
P. CASH 4/01-4/06
'FLEX DEP/240125
'FLEX HLTH/240125
CRA
CLIPPING SERV MAR2oo4
CONSTRUCTION ADMINISTR
CONSTRUCTION ADMINISTR
CONSTRUCTION ADMINISTR
CONSTRUCTION ADMINISTR
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
- FINANCIAL ACCOUNTING
~
PAGE 1
AMOUNr
-280.00
160.00
41.10
50.53
63.93
20.10
175.66
96.29
40.00
280.00
35.00
253.34
583.25
44.63
44.13
2054.44
2726.45
103.84
306.50
410.34
9.18
3.50
10.50
10.00
45.00
41. 94
2.15
122.27
151. 92
643.95
795.87
140.85
200.00
2780.25
-3251.85
320.00
320.00
J-;LJ
04/0B/04
ACCOUNTING PERIOD, 10/04
CITY OP CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "04/0S/2004" and "04/09/2004"
FUND - no - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/DEPT
-----DESCRIPTION------
SALES TAX
TOTAL CHECK
0.00
1020 607405 04/09/04 ME2004 CHRISTINE HANEL 5806349 SUPPLIES BUNNY RUN 0.00
1020 607406 04/09/04 178 COLONIAL LIFE & ACCIDENT no COLONIAL O. 00
1020 607406 04/09/04 178 COLONIAL LIFE & ACCIDENT no 'COLONIAL O. 00
TOTAL CHECK 0.00
1020 607407 04/09/04 2857 CONCUR INC 2159620 SERVICE AGREEMENT FOR 0.00
1020 607408 04/09/04 M2004 COUNTY OF SANTA CLARA nO7503 POST EARTHQUAKE (4) 0.00
1020 607409 04/09/04 844 CUPERTINO ROTARY CLUB nO3300 KITSEN OCT-MAR 2004 O. 00
1020 607409 04/09/04 844 CUPERTINO ROTARY CLUB n01000 JAMES OCT-MAR 2004 0.00
1020 607409 04/09/04 B44 CUPERTINO ROTARY CLUB 1101000 KWOK ocr-MAR 2004 0.00
1020 607409 04/09/04 B44 CUPERTINO ROTARY CLUB 1101200 KNAPP OCT-MAR 2004 0.00
TOTAL CHECK 0.00
1020 607410 04/09/04 194 CUPERTINO SUPPLY INC 5606640 FY 2003-2004 OPEN PURC 0.00
1020 607411 04/09/04 198 CUPERTINO UNION SCHL DIS 23OBO04 CREEK S.DRAIN 9/23 O. 00
1020 607412 04/09/04 M Cagan. Marjorie 550 Refund, Check - Rep1ao 0.00
1020 607413 04/09/04 M Campagna, Sal 550 Refund, Check - Trip 0 0.00
1020 607414 04/09/04 M Casteneda, Suzette 550 Refund, Check - Change 0.00
1020 607415 04/09/04 212 DEPARTMENT OF CONSERVATI 1100000 SEISMIC 10/1-3/31/04 O. 00
1020 607415 04/09/04 212 DEPARTMENT OF CONSERVATI 110 SEISMIC 10/1-3/31/04 O. 00
1020 607415 04/09/04 212 DEPARTMENT OP CONSERVATI 110 SEISMIC 10/1-3/31/04 O. 00
TOTAL CHECK O. 00
1020 607416 04/09/04 214 DEPARTMENT OF TRANSPORTA 1108602 FY 2003-2004 OPEN PURC 0.00
1020 607417 04/09/04 1242 DIGITAL PRINT IMPRESSION 1104310 LETTERHEAD PAPER 10K 0.00
1020 607417 04/09/04 1242 DIGITAL PRINT IMPRESSION 1101500 B.CARDS/E.MURRAY 0.00
TOTAL CHECK 0.00
1020 6O741B 04/09/04 222 DKB ASSOCIArES 2709531 SERVICE AGREEMENT FOR 0.00
1020 6O741B 04/09/04 222 DKS ASSOCIATES 2709531 SERVICE AGREEMENT FOR 0.00
1020 6O741B 04/09/04 222 DKS ASSOCIATES 2709531 SERVICE AGREEMENT FOR O. 00
1020 607418 04/09/04 222 DKS ASSOCIATES 2709531 SERVICE AGREEMENT FOR 0.00
rOTAL CHECK O. 00
1020 607419 04/09/04 M2004 EDWARD FOCHTMAN no GRADING BOND RELEASE O. 00
1020 607420 04/09/04 242 EMPLOYMENT OEVEL DEPT 110 SIT/932-0014-5 O. 00
1020 607421 "/09/04 243 EMPLOYMENT DEVELOPMENT no SDI/776-5260-0 0.00
RUN DATE 04/OB/04 TIME 10,28,35
- FINANCIAL ACCOUNTING
PAGE 2
AMOUNT
168 .40
486 .47
363.17
283 .OB
646.25
32829.75
200.00
75 .00
165. 00
75.00
75. 00
390. 00
141.14
136.59
79.00
500.00
750. 00
-389.23
1905.10
5789.41
7395.28
140 .87
3062.08
57.71
3119.79
1885.21
25271.44
1458.72
1823.58
30438.95
9500 .00
16469.56
1016.53
'3 - L L(
04/08/04
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "04/05/2004" and "04/09/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT _u_u-_uuuVENDORuu-uu-_u FUND/DEPT
1020 607422 04/09/04 250 EUPHRAT MUSEUM OF ART 5B06249
1020 607423 04/09/04 M Ennes. Bernardette 550
1020 607424 04/09/04 260 FEDERAL EXPRESS CORP 110
1020 607424 04/09/04 260 FEDERAL EXPRESS CORP 110
1020 607424 04/09/04 260 FEDERAL EXPRESS CORP 110
TOTAL CHECK
1020 607425 04/09/04 2361 FIRST BANKCARD 1107405
1020 607425 04/09/04 2361 FIRST BANKCARD 6104800
1020 607425 04/09/04 2361 FIRsr BANKCARD 5606640
1020 607425 04/09/04 2361 FIRSr BANKCARD 6104800
1020 607425 04/09/04 2361 FIRST BANKCARD 1104000
TOTAL CHECK
1020 607426 04/09/04 B18 BEACON FIRE & SAFETY. LP 5606620
1020 607427 04/09/04 IBOB KIM FREY 1106343
1020 607428 04/09/04 M Frazee, Helen 550
1020 607429 04/09/04 M2004 GEORGE LEYVA MIDDLE SCHO 560
1020 607430 04/09/04 29B GRAINGER INC 110BB30
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B314
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B303
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B314
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B314
1020 607431 04/09/04 334 HOME DEPDT CREDIT SERVIC 5606620
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B407
1020 607431 04/09/04 334 HOME DEFaT CREDIT SERVIC 110B303
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 5606620
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 5606620
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 270B405
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B314
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 110B303
1020 607431 04/09/04 334 HDME DEPOT CREDIT SERVIC 110B503
1020 607431 04/09/04 334 HOME DEPor CREDIT SERVIC 110B314
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 630BB40
1020 607431 04/09/04 334 HOME DEPOT CREDIT SERVIC 1108407
TOTAL CHECK
1020 607432 04/09/04 2027 MARSHA HOVEY 1104400
1020 607433 04/09/04 M Horgan. Rose Marie 550
1020 607434 04/09/04 M Hubbard. Phyllis Ann 550
1020 607435 04/09/04 343 ICMA RETIREMENT TRUST-4S 110
RUN DArE 04/0B/04 TIME 10,28,35
-----DESCRIPTION------
SERVICE AGREEMENT FOR
Refund, Check - trip c
COURIER SERV R24804
COURIER SERV R24B67
COURIER SERV R24916
MARCH 2004 STATEMENT
MARCH 2004 STATEMENT
MARCH 2004 STATEMENT
MARCH 2004 STATEMENT
MARCH 2004 STATEMENT
SERV FIRE EXT 15996
SUPPLIES/TEEN CENTER
Refund, Check - Replac
REFUND PICNIC DEPOSIT
FY 2003-2004 OPEN PURC
PARTS/SUPPLIES A25405
PARTS/SUPPLIES A25427
PARTS/SUPPLIES 20533
PARrS/SUPPLIES 20533
PARrS/SUPPLIES A26001
PARTS/SUPPLIES 20312
PARTS/SUPPLIES A2543B
PARTS/SUPPLIES 15995
PARTS/SUPPLIES A26000
PARTS/SUPPLIES A25404
PARTS/SUPPLIES A25405
PARTS/SUPPLIES A25409
PARTS/SUPPLIES A2535B
PARTS/SUPPLIES A2535B
PARTS/SUPPLIES A2535B
PARTS/SUPPLIES 20344
VALLCO SUPPLIES
Refund, Check - Ard De
Refund, Check - Art Oe
-'CMA
SALES TAX
0.00
0.00
O. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O. 00
0.00
0.00
0.00
O. 00
O. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O. 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 3
AMOUNT
2757.00
500.00
14.78
14.7B
17.90
47.46
500.00
917.BO
45.95
15.73
67.55
1547.03
252.55
77.B7
79.00
100.00
204.06
163.43
99.25
6.71
8.65
193.15
43.16
48.06
191.5B
220.BO
74.02
111.88
102.39
61. 63
61.63
61.65
26.75
1474.74
88 .39
39.00
39.00
5787.13
3-2)
04/08/04
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTWN CRITERIA, transact. trans_date between "04/OS/2O04" and "04/09/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUNDIDEPT
1020 607436 04/og/04 M2004 ITE - 2004 1108601
1020 607437 04/og/04 M '~mg, Lynn (Dorothy) 550
1020 607438 04/og/04 3085 J.J.R. CONSTRUCTION INC 2708403
1020 607439 04/og/04 314I JOAN VENTI CINQUE DESIGN 5606620
1020 607440 04/09/04 1977 JOE'S TRACTOR SERVICE 1108302
1020 607440 04/09/04 1977 JOE'S TRACTOR SERVICE 1108302
TOTAL CHECK
1020 607441 04/09/04 2285 KArHRYN KELLY JOESrEN 1106265
1020 607442 04/og/04 361 JOHN GLAGE UNDERGROUND 2109612
1020 607443 04/09/04 M2004 KAREN PATTI 110
1020 607444 04/og/04 2335 KIMLEY-HORN & ASSOCIATES 4209546
1020 607445 04/og/04 373 KIRK XPEDX 1104310
1020 607446 04/09/04 M LIN. HUI CHIN 580
1020 607447 04/og/04 2514 LOS ALTOS GARBAGE 5208003
1020 607448 04/og/04 M Loens. Edmund 550
1020 607449 04/09/04 1968 MAZE AND ASSOCIATES 1104000
1020 607449 04/og/04 1968 MAZE AND ASSOCIATES 1104000
1020 607449 04/og/04 1968 MAZE AND ASSOCIATES 1104000
TOTAL CHECK
1020 607450 04/og/04 ME2004 MIKE BOOKSPUN 5806449
1020 607451 04/og/04 2567 MISDU 110
1020 607452 04/og/04 447 MISSION LINEN SUPPLY 1108201
1020 607452 04/og/04 447 MISSION LINEN SUPPLY 1108201
1020 607452 04/og/04 447 MISSION LINEN SUPPLY 1108201
1020 607452 04/09/04 447 MISSION LINEN SUPPLY 1108201
1020 607452 04/09/04 447 MISSION LINEN SUPPLY 1108201
TOTAL CHECK
1020 607453 04/og/04 465 MOUNTAIN VIEW GARDEN CEN 1108315
1020 607453 04/og/04 465 MOUNTAIN VIEW GARDEN CEN 1108315
1020 607453 04/og/04 465 MOUNTAIN VIEW GARDEN CEN 1108315
TOTAL CHECK
1020 607454 04/09/04 2666 MUSIC FOR YOUNG CHILDREN 5806249
RUN DATE 04/08/04 TIME 10,28,36
PAGE 4
---- -DESCRIPTION------
SALES TAX
AMOUNT
13838 ITE DUES GUAPO 0.00 210.00
Refund, Check - trip c 0.00 500.00
PUBLIC WORKS CONTRACT 0.00 128724.85
MAP DESIGN 0.00 811.78
STOCKLMEIRS ORCHARD 0.00 900.00
MCCELLAN RANCH 0.00 1000.00
0.00 1900.00
SERVICE AGREEMENT FOR 0.00 112.50
REPAIR SINK HOLE 0.00 5488.60
SW BOND REFUNE 0.00 3240.00
SERVICE AGREEMENT FOR 0.00 3970.23
COLOR PAPER QUINLAN 0.00 362.37
Refund, Check - SPRING 0.00 105.00
TV COLLECTION JAN-MAR 0.00 1320.00
Refund, Check - Class 0.00 65.00
F.BILL FY2003 0.00 1000.00
P.BILL YEND 6/30/03 0.00 1410.00
PROGBILL YEND 6/30/04 0.00 789 .60
0.00 3199 .60
BUNNY RUN PETTY CASH 0.00 300.00
J TRYBUS 385960533 0.00 221.50
FY 2003-2004 OPEN PURC 0.00 90.10
FY 2003-2004 OPEN PURC 0.00 90.10
FY 2003-2004 OPEN PURC 0.00 91.13
FY 2003-2004 OPEN PURC 0.00 90 .44
FY 2003-2004 OPEN PURC O. 00 90.10
0.00 451.87
FY 2003-2004 OPEN PURC 0.00 32.42
FY 2003-2004 OPEN PURC 0.00 64.84
FY 2003-2004 OPEN PURC 0.00 11.64
0.00 108.90
SERVICE AGREEMENT FOR 0.00 1544.00
FINANCIAL ACCOUNTING
J- 2-b
04/0B/"
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "04/05/2004" and "04/09/2004"
FUND - HO - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT nn____--_n-VENDDR--_nnnnn FUND/DEPT
1020 607455 04/09/04 1228 MUSICAL ME, INC. 5806249
1020 607456 04/09/04 M Murakami. Hideko (Heidi) 550
1020 607457 04/09/04 302 NATIONAL DEFERRED COMPEN HO
1020 607458 04/09/04 2193 NATIONAL NOTARY ASSOCIAT H01500
1020 607459 04/09/04 487 NORTHAIRE SUPPLY CO HO8504
1020 607460 04/09/04 493 OFFICE DEPOT HO3300
1020 607460 04/09/04 493 OFFICE DEPOT HO1201
1020 607460 04/09/04 493 OFFICE DEPOT 5806249
1020 607460 04/09/04 493 OFFICE DEPOT H06343
1020 607460 04/09/04 493 OFFICE DEPOT HO73O1
1020 607460 04/09/04 493 OFFICE DEPOT H04300
1020 607460 04/09/04 493 OFFICE DEPOT H07503
1020 607460 04/09/04 493 OFFICE DEPOT H07503
1020 607460 04/09/04 493 OFFICE DEPOT HO8601
1020 607460 04/09/04 493 OFFICE OEPOT H07301
TOTAL CHECK
1020 607461 04/09/04 494 OFFICE DEPOT. INC. H01500
1020 607462 04/09/04 501 OPERATING ENGINEERS #3 HO
1020 607463 04/09/04 500 OPERATING ENGINEERS PUB H0451O
1020 607463 04/09/04 500 OPERATING ENGINEERS PUB H0451O
1020 607463 04/09/04 500 OPERATING ENGINEERS PUB HO
TOTAL CHECK
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE H08312
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE H08312
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE H08503
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE H08314
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE H08312
1020 607464 04/09/04 981 ORCHARD SUPPLY HARDWARE 2708405
TOTAL CHECK
1020 607465 04/09/04 833 PER S HO
1020 607465 04/09/04 833 PER S HO
1020 607465 04/09/04 833 PER S HO
1020 607465 04/09/04 833 PER S HO
1020 607465 04/09/04 833 PER S HO
TOTAL CHECK
1020 607466 04/09/04 833 PER S HO
1020 607466 04/09/04 833 PER S HO
1020 607466 04/09/04 833 PER S HO
TOTAL CHECK
RUN DATE 04/08/04 TIME 10,28 ,36
PAGE 5
n_--DESCRIPTION---_n
SALES TAX
AMOUNT
SERVICE AGREEMENT FOR 0.00 1235.00
Refund, Check - Class 0.00 65 .00
'NAT'L DEF 0.00 17692.67
NOTARY E/D POLICY 0.00 87 .00
SUPPLIES 0.00 27.98
OFFICE SUPPLIES 0.00 5.61
OFFICE SUPPLIES 0.00 IS3. 94
OFFICE SUPPLIES 0.00 30.10
OPPICE SUPPLIES 0.00 64.92
OFFICE SUPPLIES 0.00 38.94
OFFICE SUPPLIES 0.00 31.33
OFFICE SUPPLIES 0.00 31. 38
OFFICE SUPPLIES 0.00 124.99
OFFICE SUPPLIES 0.00 4H.87
OFFICE SUPPLIES 0.00 105.83
0.00 998.91
OFFICE SUPPLIES 0.00 87.65
UNION DUES 0.00 731. 04
H & W R.SPOUSAL 0.00 3812.50
ADJMNT MERrON YARN 0.00 -3812.50
H & W EMPLOYEES 0.00 4248.00
0.00 4248.00
PARTS/SUPPLIES 24389 0.00 -14.06
PARTS/SUPPLIES 25428 0.00 174.19
PARTS/SUPPLIES 202IS 0.00 36.17
PARTS/SUPPLIES 24407 0.00 25.53
PARTS/SUPPLIES 24389 0.00 59.27
PARTS/SUPPLIES A25422 0.00 201.38
0.00 482.48
1959 SURVIVOR 0.00 H4.39
TAX DEFERRED 0.00 24867.30
NORMAL 0.00 586 .35
SPECIAL 0.00 132.22
EMPLOYER 0.00 6767.70
0.00 32467.96
NORMAL 0.00 216.60
EMPLOYER 0.00 58.64
1959 SURVIVOR 0.00 2.00
0.00 277.24
- FINANCIAL ACCOUNTING
J-1-Î
04/0a/04
ACCOUNTING PERIOD, IO/04
CITY OF CUPERTINO
PAGE 6
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transacLtrans_dace between "04/05/2004" and "04/09/2004"
FUND - 110
GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUNDIDEPT
-----DESCRIPTION------
SALES TAX
AMOUNT
1020 607467 04/09/04 513 PACIFIC GAS & ELECTRIC [ 1104400 3/25-3/31 DES 0.00 21. 54
1020 607467 04/09/04 513 PACIFIC GAS & ELECTRIC [ 1108506 2/27-3/2a 4H 0.00 33.18
1020 607467 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108602 3/03-3/30 0.00 31.06
1020 607467 04/0a/04 513 PACIFIC GAS & ELECrRIC [ 1108407 3/03-3/31/04 0.00 6.95
TOTAL CHECK 0.00 92.73
1020 607468 04/oa/04 513 PACIFIC GAS & ELECTRIC [ 1108303 2/26-3/26 0.00 3316.45
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108312 2/26-3/26 0.00 164.12
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108314 2/26-3/26 0.00 338 .06
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108315 2/26-3/26 0.00 216.71
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108407 2/26-3/26 0.00 1166.72
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108501 2/26-3/26 0.00 4611.50
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108503 2/26-3/26 0.00 1441. 75
1020 607468 04/oa/04 513 PACIFIC GAS & ELECTRIC [ 1108504 2/26-3/26 0.00 4827.18
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108505 2/26-3/26 0.00 1914. 25
1020 607468 04/0a/0< 513 PACIFIC GAS & ELECTRIC [ 1108506 2/26-3/26 0.00 165.60
1020 607468 04/09/04 513 PACIFIC GAS & ELECTRIC [ 1108511 2/26-3/26 0.00 368.55
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108602 2/26-3/26 0.00 -1155.85
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 5606620 2/26-3/26 0.00 1359.57
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 1108830 2/26-3/26 0.00 57.56
1020 607468 04/0a/04 513 PACIPIC GAS & ELECTRIC [ 5208003 2/26-3/26 0.00 7.41
1020 607468 04/0a/04 513 PACIFIC GAS & ELECTRIC [ 5606640 2/26-3/26 0.00 159.51
I020 607468 04/09/04 513 PACIFIC GAS & ELECTRIC [ 57085IO 2/26-3/26 0.00 4006.76
TOTAL CHECK 0.00 22965.85
IO2O 607469 04/0a/04 527 PENINSULA BUILDING MATER 5806449 SUPPLIES A25623 0.00 155.88
1020 607470 04/0a/04 526 PENINSULA DIGITAL IMAGIN 4259313 CC PARK IMPROVE PLANS 0.00 27.96
1020 607471 04/09/04 533 PERS LONG TERM CARE PROG 110 PERS LTC/ #2405 0.00 11a.15
1020 607472 04/09/04 2661 PROFESSIONAL TURF MGMNT, 5609105 CIP IRRIGATION 0.00 8800 .00
1020 607473 04/0a/04 M Pichai, Malathy 550 Refund, Check - Trip c 0.00 500.00
I020 607474 04/09/04 1071 REPUBLIC ELECTRIC 2709435 SERVICE AGREEMENT FOR 0.00 9878.00
1020 607475 04/0a/04 M Ruden, Jeanne 550 Refund, Check - Class 0.00 65.00
1020 607476 04/0a/04 1207 SALES GUIDES INT'L 1101000 MINI CALC PORTFOLIO 0.00 81. 53
1020 607477 04/09/04 959 THE MERCURY NEWS 1104000 4/20-6/28/04 0.00 37.89
1020 607477 04/09/04 95a THE MERCURY NEWS 1103300 4/27-7/26/04 0.00 49.26
TOTAL CHECK 0.00 87.15
1020 607478 0</09/04 258 SANTA CLARA COUNTY 110 V ORTEGA 563312780 0.00 588.00
1020 60747a 04/0a/04 1636 SANTA CLARA CTY SHERIFF 1104510 FEB2O04 FINGERPRINTS 0.00 162.00
1020 607482 04/0a/04 511 SBC/MCI 1107502 TELEPHONE SERV FEB04 0.00 31.49
RUN DATE 04/08/04 TIME 10 ,28,36 FINANCIAL ACCOUNTING
J- 'lJ
04/08/04 CITY OF CUPERTINO PAGE 1
ACCOUNTING PERIOD, 10/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "04/0S/200'" and "04/09/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _nnnnnn-VENDOR--_nn_--_-- FUND/DEPT n_nDESCRIPTIONnnn SALES TAX AMOUNT
1020 607482 04/09/04 511 SBC/MCI 1107503 TELEPHONE SERV FEB04 0.00 125.95
1020 607482 04/09/04 511 SBC/MCI 1108001 TELEPHONE SERV FEB04 0.00 157.44
1020 607482 04/09/04 511 SBC/MCI 1108101 TELEPHONE SERV FEB04 0.00 298.16
1020 607482 04/09/04 511 SBC/MCI 1108102 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09/04 511 sBe/Mer 1106265 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 sBe/Mer 1108501 TELEPHONE SERV FEB04 0.00 706.87
1020 607482 04/09/04 511 sBe/MCI 1108503 TELEPHONE SERV FEB04 0.00 850.84
1020 607482 04/0910< 511 SBe/MCr 1108507 TELEPHONE SERV FEB04 0.00 62.98
1020 607482 04/09/04 511 SBC/MCI 5606620 TELEPHONE SERV FEB04 0.00 314.88
1020 607482 04/09104 511 sBc/Mer 5706450 TELEPHONE SERV FEB04 0.00 377.86
1020 607482 04/09/04 511 sBe/MCr 1108601 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 SBc/Mcr 1108602 TELEPHONE SERV FEB04 0.00 125.95
1020 607482 04/09/04 511 sBc/MCr 5208003 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09/04 511 SBC/MCI 2308004 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09104 511 sBc/MCr 5708510 TELEPHONE SERV FEB04 0.00 251.90
1020 607482 04/09/04 511 sBc/MCr 1108201 TELEPHONE SERV FEB04 0.00 219.00
1020 607482 04/09104 511 sBc/MCr 6104800 TELEPHONE SERV FEB04 0.00 598 .27
1020 607482 04/09/04 511 SBc/Mcr 5606620 TELEPHONE SERV FEB04 0.00 157.44
1020 607482 04/09/04 511 SBc/Mcr 5606640 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09/04 511 SBC/MCI 1107301 TELEPHONE SERV FEB04 0.00 62.98
1020 607482 04/09/04 511 SBc/Mcr 1106647 TELEPHONE SERV FEB04 0.00 283.39
1020 607482 04/09104 511 SBC/MCI 1108511 TELEPHONE SERV FEB04 0.00 62.98
1020 607482 04/0910< 511 sBc/MCr 1108504 TELEPHONE SERV FEB04 0.00 31.95
1020 607482 04/09/04 511 sBc/MCr 1108407 TELEPHONE SERV FEB04 0.00 15.07
1020 607482 04/09/04 511 SBC/MCI 1101000 TELEPHONE SERV FEB04 0.00 188.93
1020 607482 04/09104 511 sBc/MCr 1102100 TELEPHONE SERV FEB04 o. 00 157.44
1020 607482 04/09/04 511 SBc/Mcr 1101500 TELEPHONE SERV FEB04 0.00 346 .37
1020 607482 04/09/04 511 sBc/MCr 1104300 TELEPHONE SERV FEB04 0.00 281.44
1020 607482 04/09/04 511 sBc/MCr 1103300 TELEPHONE SERV FEB04 o. 00 62.98
1020 607482 04/09/04 511 sBc/Mer 1103500 TELEPHONE SERV FEBO< 0.00 94.46
1020 607482 04/09/04 511 SBC/MCI 1104000 rELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 sBelMel 1104100 TELEPHONE SERV FEB04 0.00 188.93
1020 607482 04/09104 511 SBC/MCI 1104200 TELEPHONE SERV FEB04 o. 00 94.46
1020 607482 04/09/04 511 SBC/MCI 1104510 TELEPHONE SERV FEB04 O. 00 188.93
1020 607482 04/09/04 511 sBc/MCr 1106647 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09/04 511 sBc/MCr 1104530 TELEPHONE SERV FEB04 0.00 220.42
1020 607482 04/09104 511 sBc/MCr 1104400 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 SBC/MCI 1106265 TELEPHONE SERV FEB04 O. 00 220.42
1020 607482 04/09/04 511 SBC/MCI 1106100 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 SBC/MCI 1106265 TELEPHONE SERV FEB04 0.00 503.81
1020 607482 04/09/04 511 SBc/MCr 1106265 TELEPHONE SERV FEB04 0.00 62.98
1020 607482 04/09104 511 SBc/MCI 1106529 TELEPHONE SERV FEB04 0.00 31.49
1020 607482 04/09104 511 sBc/MCr 1106500 TELEPHONE SERV FEB04 0.00 377.86
1020 607482 04/09104 511 SBC/MCI 1107200 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09104 511 sBc/MCr 1107301 TELEPHONE SERV FEB04 0.00 283.39
1020 607482 04/09104 511 SBc/Mcr 1101200 TELEPHONE SERV FEB04 0.00 94.46
1020 607482 04/09/04 511 sBc/MCr 1107302 TELEPHONE SERV FEB04 0.00 62.98
1020 607482 04/09104 511 sBc/MCr 1108504 TELEPHONE SERV FEB04 0.00 125.95
1020 607482 04/09/04 511 SBc/MCI 1107501 TELEPHONE SERV FEB04 0.00 409.34
TOTAL CHECK O. 00 9456 .65
RUN OATE 04/08/04 TIME 10,28,36
- FINANCIAL ACCOUNTrNG
J -2-1
O4IOBIO4
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
FUND - 110 - GENERAL FUND
.Crans_dace becween "04/05/"04" and "04/00/2004"
SELECTWN CRITERIA,
ISSUE DT nnnnnn_-VENDORn-
CASH ACCT CHECK NO
1020 607483 04/09/04 3152
1020 607484 04/09104 1769
1020 607485 04/09/04 M
1020 607486 04/09/04 677
1020 607487 04/09/04 2863
1020 607488 04/09104 2045
1020 607488 04/09/04 2045
TOTAL CHECK
1020 607489 04/09/04 M
1020 607490 04/09/04 M
1020 607491 04/09104 M
1020 607492 04/09/04 M
1020 607493 04/09/04 701
1020 607494 04/09/04 M
1020 607495 04/09/04 1993
1020 607496 04/09/04 724
1020 607497 04/09/04 1154
1020 607498 04/09/04 M
1020 607499 04/09/04 2979
1020 607499 04/09/04 2979
TOTAL CHECK
SIGN WIZ
FUND/DEPT
5606640
SMITH, ROXANN
SIGNATURE CUSTOM FRAMING 1104300
580
STATE STREET BANK & TRUS 110
SUNNYVALE-CUPERTINO
SVCN
SVCN
Shustoff, Myra
Snyder, Allen
Stanfield. Carole
Stout, Grace
TARGET STORES
TAYERLE, LOREN
1101500
1104300
1104300
550
550
550
550
5806349
TREASURER OF ALAMEDA COU 110
580
TURF & INDUSTRIAL EQUIPM 5606620
VALLACQUA, EVELYN
UNITED WAY OF SANTA CCAR 110
580
VCI TELECOM INC
VCI TELECOM INC
1020 607500 04/09/04 310 VERIZON WIRELESS
1020 607501 04/09/04 310 VERIZON WIRELESS
1020 607502 04/09104 310 VERIZON WIRELESS
1020 607503 04/09/04 M WEI, CHIHUA
1020 607504 04/09/04 M West, Michael
1020 607505 04/09/04 M XVB, YONGMEI
TOTAL CASH ACCOUNT
RUN DATE 04/08/04 TIME 10,28,36
4209534
4209534
1108501
1108501
1104530
580
550
580
PAGE 8
nn-DESCRIPTION-n_n SALES TAX AMOUNT
GOLF COURSE SIGNS 0.00 193 .54
COUNCIL PHOTOS FRAMED 0.00 124.18
REFD SPRING KICK BOX 0.00 50.00
'PERS DEF 0.00 4007 .56
BAR ASSOC MCLE MURRAY 0.00 28.00
AMENDMENT FEE SCHDLE 0.00 41. 25
BLK GRNT FUNDI ACTION 0.00 88.00
0.00 129.25
Refund, Check Replac 0.00 26.00
55394/97 & 55408/10 0.00 278 .00
Refund, Check Replac 0.00 79.00
Refund, Check Balanc 0.00 30.00
PRESCHOOL SPLY 22961 0.00 37.87
Refund, Check Return 0.00 300.00
A LOPEZ JR 566398126 0.00 253.84
EQPMNT PARTS A26002 0.00 357.84
UNITED WAY 0.00 99.00
Refund, Check SPRING 0.00 105.00
PUBLIC WORKS CONTRACT 0.00 73393.88
PUBLIC WORKS CONTRACT 0.00 16OB17.15
0.00 234211.03
#30B957246 MAR2004 0.00 1.34
0309369653 MAR20O4 0.00 16.26
#60BBB1609 MAR2004 0.00 6.53
Refund, Check Return 0.00 300.00
Refund, Check Trip c 0.00 500.00
Refund, Check SPRING 0.00 79 .00
0.00 62778B .15
- PINANCIAL ACCOUNTING
3 - 3D
04/08/04
ACCOUNTING PERIOD, 10/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans_date between "04/05/2004" and "04/09/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/OEPT
TOTAL FUND
TOTAL REPORT
RUN DATE 04/08/04 TIME 10,28,36
- -- - -OESCRIPTION-- - ---
PAGE 9
SALES TAX
AMOUNT
0.00
627788 .15
0.00
627788 .15
- FINANCIAL ACCOUNTING
j-J}
DRAFT
RESOLUTION NUMBER 04-297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES
AND WAGES PAID ON
April 9,2004
WHEREAS, the Director of Administrative Services, or their designated representative
has certified to the accuracy of the following claims and demands and to the availability of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, im IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL
$ 411,765.08
Less Employee Deductions
$(115,035.52)
NET PAYROLL
$ 296.729,56
Payroll check numbers issued 73888 through 74108
Void check number(s)
CERTIFIED: ~ ~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of
Cupertino this ~ day of April , 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
L/~t
CityHal\
10300 Torre Avenue
Cupertino. CA 95014-3255
Telephone, (408) 777-3220
FIDc (408) 777-3366
F
CUPEIQ1NO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. 5"
Meeting Date: April 19, 2004
SUBJECT AND ISSUE
Approve Library Commission recommendation appointing Commissioner Diana Wu as special
emissary between the Cupertino Library and Sister Library Hsin-Chu.
BACKGROUND
The Cupertino Library has been in partnership with our Sister Library, Hsin-Chu for several
years. This partnership has resulted in an important cultural connection for the City and allowed
both communities to share a greater understanding between our two countries,
Currently, Commissioner Diana Wu is serving as the Liaison between the Cupertino Library and
our Sister Library. Though Ms, Wu's term on the Library Commission will end in January 2005,
the Commission feels her continuing role with our Sister Library is a critical connection for the
City.
RECOMMENDATION:
Staff recommends approval of the Library Commission's recommendation to appoint Diana Wu
as special emissary between the Cupertino Library and our Sister Library Hsin-Chu for as long as
Council deems necessary,
Submitted by:
A£J3i'2
David W, Knapp ~
City Manager
~ i2 {):iunm-J
Carol A. Atwood
Director of Administrative Services
P';nted on Recycled Pape,
5~1
I.,
I i
CUPEIQ1NO
City Hall
10300 Torre Avenue
Cupertino. CA 95014-3255
Telephone; (408) 777-3220
Fax; (408) 777-3366
DEPARTMENT OF ADMINSTRA TlVE SERVICES
Agenda Item No. ~ 0-
Meeting Date: April 19, 2004
SUBJECT
Establish Ordinance of an Emergency Communication System Response Fee.
BACKGROUND
This year the City of Cupertino is facing a fourth year of budget cuts as a result of the California
recession and State "revenue shifts", In conjunction with the 2004/05 budget process, staff has
proposed additional reductions in expenditures and/or revenue enhancements for your
consideration, Our city cannot increase taxes without voter approval, however we can charge for
services based on actual costs.
Fourteen entities within Santa Clara County (SCC) are currently considering implementation of
this fee. The city currently pays $771,709 annually to the County of Santa Clara for the 911
system. To date, four nearby entities have adopted ordinances that impose a fee on local
telephone service subscribers to recover the majority of their costs to develop, improve, maintain
and operate 911 communications centers. The basis for the fee is the cost to provide emergency
communications services to telephone subscribers, Under these ordinances, local telephone
service suppliers, such as SBC and Verizon, are required to collect fees each month from
customers and to remit to the entities. San Francisco was the first to pass an emergency response
fee ordinance in 1993. The ordinance was later modified to include recovery of operational costs
and to make the fee permanent. The County of Santa Cruz and Cities of Santa Cruz and
Watsonville, who participate in consolidated emergency communications center operations
through a joint powers agreement, also have adopted similar ordinances.
The attached ordinance creates the legal structure for the fee. The amount of the fee will be
established annually by resolution to provide the city the ability to reflect increases in the SCC
Communication System charges. Subject to verification, for fiscal year 2004/05, the fee will be
$3.00/month for "access lines" (individual phone lines) and $22.50/month for trunk lines, each of
which is the equivalent of 7.5 access lines.
It is recommended that there be the following exemptions from the fee:
. Lifeline service customers
. Payphones
. Government agencies
. Non-profit, tax-exempt hospitals
. Non-profit, tax-exempt educational organizations
. Service locations which automatically connect a person dialing 911 to an answering point
other than Santa Clara County Emergency Communications Center
Printed on Recycled Paper
~t(-I
These exemptions are consistent with those in emergency response fee ordinances passed by
some of the other jurisdictions. There is no legal requirement to exempt these telephone service
subscribers from a fee, but it would be appropriate policy. For Lifeline service customers, who
are exempt from the State 911 surcharge, exemption would be in keeping with the rationale for
establishing Lifeline service, which provides discounted rates so that low income and elderly
customers are assured of telephone access for emergencies.
FEE DETERMINATION
Fees were determined for the two most common types of telephone lines in service: single
access lines and trunk access lines. A single access line is an individual telephone line from a
local telephone company to a residence or business. A trunk access line is one that is capable of
carrying multiple calls, and is usually used in business applications, such as with PBX telephone
systems, Based on information provided by the California Public Utilities Commission, trunk
line access to the 911 system is assumed to be 7.5 times greater than that of an individual access
line. Therefore, a trunk line was assigned an equivalency of 7.5 relative to a single line and its
fee set at 7.5 times the regular single line fee,
Currently, all wireless 911 calls originating in the County's jurisdiction are routed to and initially
answered by the California Highway Patrol. Under the proposed ordinance, wireless telephone
subscribers would become subject to the fee once technology upgrades occur permitting wireless
911 calls to be routed directly to County Communications. Revenues from wireless telephone
subscribers have not been included in calculating the proposed fee. But after wireless 911
telephone subscribers are routed directly to County Communications, the number of telephone
subscribers subject to the fee will increase, which should result in decreased fees to all
subscribers. When information on the number of wireless telephone subscribers becomes
available, the fee amount will be reevaluated,
Fees were calculated by obtaining the Fiscal Year 2004/05 cost to provide emergency law
enforcement and medical (and excluding fire) call answering and dispatching services in
Cupertino, and dividing that cost by the number of telephone subscriber lines in service for the
area. The total number of lines was based on information pertaining to residential and business
units and will be verified once actual line counts are received from the largest telephone service
providers. The fee proposed represents a maximum, full recovery fee.
FISCAL IMPACT
This fee will be implemented in November of 2004 to permit the phone companies adequate time
to process the charge on customer statements. We estimate that the fee will produce
approximately $450,000 in fiscal year 2004/05 (9 months) and $620,000 annually thereafter
(costs for exempt lines will be continued to be assumed by the city). It will be used exclusively
to pay for 911 dispatch services. Attachment A documents the fee calculation and Attachment B
is a comparison of monthly fees and other information for Santa Clara County and the other
entities that have emergency response fee ordinances.
~t{ -..2-
RECOMMENDA nON
Approve the Emergency Communication System response fee and conduct the first reading of an
ordinance establishing an emergency communication system response fee.
Submitted by:
~Q.~
Carol A. Atwood
Director of Administrative Services
~
David W. Knapp
City Manager
~t{ - J
Attachment A
Calculation of Fee
Fees were calculated by identifying the FY 2004/05 cost to provide emergency law enforcement
and medical call answering and dispatching services in the city of Cupertino, and dividing that
cost by the number of telephone subscriber lines in service in the area.
The total cost of these services for FY 2004/05 is $771,709 and is broken down as follows:
Law enforcement calls in Cupertino
Medical calls in Cupertino
Total Cost
$697,709
$ 74,000
$771,709
Following are the number of telephone lines in service in the City:
Total
Exempt
Subject to Fee
19,899
1.537
21,436
Single Access Lines
Trunk Access Lines
Total
Total Line Equivalents
(1 trunk = 7.5 single access lines)
Single Access Line Fee = Total cost/ Total Line Equivalents/ 12 months = $3.00 per month
Trunk Access Line Fee = Single Access Line Fee x 7,5 = $22.50 per month
~Ct -Lf
Attachment B
Fee Comparison
Single Line Trunk Line Lines Approx, Population %of
Fee Fee Subject to Exempt 1/1/03 Budget
Fee Line % Census Recovered
San
Francisco $1.75 $13.13 780,500 14.9% 791,900 Unknown
Santa Cruz
County
$1.47 $11.03 79,000 9% 134,700 91%
Santa Cruz
Citv $3.49 $26.16 30,659 10% 55,600 90%
Watsonville $2.00 $18,00 13,479 38% 47,700 45%
Average of
Above $2.18 $17.08
Santa Clara
County
(Actual
Cost Basis) $3.16 $23.70 47,398 20% 99,600 80%
Santa Clara
County
Proposed
Fee $2.21 $16.58
Cupertino $3.00 $22.50 % 52,000 %
~q - S'
Status of Establishing 911 Fees in Other Jurisdictions
All cities and towns in the county have considered the concept of establishing a local fee to recover 911
communications costs, Monte Sereno and Santa Clara are not pursuing it at this time, Most of the other
cities are in the preliminary stages of review, while waiting to see what others are going to do, Four have
indicated they plan to present the fee as a revenue option to their councils in the near future: Cupertino
(on April 19), Los Altos, Milpitas (on April 6), and Mountain View.
Most of the cities are participating, through the Assistant City Managers Association, in a collaborative,
coordinated endeavor that will enable them to minimize redundant efforts and adopt consistent codes.
The Cities of Cupertino and San Jose have taken the lead and, as they prepare their documents, are
sharing them with the others. Cupertino has completed drafts of a staff report, fee resolution, fee
calculation and ordinance, and plans to present them at the April 19 City Council meeting, or as soon as
possible after the telephone company provides information needed for estimating a fee,
The table below summarizes progress of 911 emergency response fee implementation in the different
jurisdictions in the county.
Citvrrown Status Fee Amount Council Date Plan for Imolementinl!
Campbell In initial stages of TBD TBD TBD - not high priority as
exploring. Waiting revenue option at this time
to see what other
cities will do.
Cupertino* Prepared draft staff TBD- 4/19/04 - Target TBD - Target November
report, fee Waiting for date, pending 2004 implementation, or
calculation, fee line data. Plan receipt of earlier
resolution and to recover information from
ordinance, which maximum phone companies
have been sent to cost.
interested cities
Gilroy Police Dept. TBD TBD TBD
conducting
preliminary benefits
analvsis.
Los Altos* Exploring idea. TBD - plan to TBD
present concept in
next few months
Los Altos Waiting to see what TBD TBD TBD
Hills * other cities will do,
Los Gatos* Received Council TBD. Just TBD TBD. Likely
direction to continue begun implementation within
to study viability and assessing next few months to allow
approach, Working appropriate for collection in 2nd
with other cities costs and quarter FY 04/05
through Manager's identifying
and Police Chiefs' service
Associations and suppliers
attornevs.
&Cl-lo
Cityffown Statns Fee Amonnt Conncil Date Plan for ImnlementiDl!
Milpitas. Concept under staff TBD 4/6/04 -To TBD
revlCW present concept.
Monte Waiting to see what N/A N/A N/A
Sereno other cities do, taking
no action at present.
Morgan Staff in process of TBD TBD TBD
Hill. investigating
Mountain Waiting for TBD 3/30/04 - Fee to Possibly FY 2006
View. telephone line study be included in
results from SBC report on revenue
alternatives
Palo Alto. Police Dept. did TBD TBD TBD
preliminary research
of plans in other
agencies,
Santa Clara Decided not prepared N/A N/A N/A
to pursue now,
San Jose. In initial stage of TBD TBD TBD
exploring concept,
working with
neighboring
jurisdictions to
develop compatible
plan for potential
implementation
Saratoga- Not taking action at TBD TBD TBD
present, but plan to
pursue, pending
success of Cupertino
Sunnyvale- Staff investigating, TBD TBD TBD
waiting for City
Manager's direction
- Cities involved in Assistant City Managers Association collaborative effort,
&a. - 7
DRAFT
RESOLUTION NO. 04-290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING FISCAL YEAR 2004/05 EMERGENCY RESPONSE FEE
WHEREAS, on , the City Council of the City of Cupertino adopted
Ordinance No. 1935 adding Chapter 3.38 to the Cupertino Municipal Code which imposed an
emergency response fee on every person who maintains access to the 911 communications
system by subscribing to local telephone service within the City of Cupertino;
WHEREAS, pursuant to the terms of the Ordinance No. 1935, the fee will be
implemented in November 2004 thereby making it effective for eight months of the fiscal year
2004/05;
NOW THEREFORE, BE IT RESOLVED that:
For the fiscal year 2004/05, the emergency response fee called for by Chapter 3.38 ofthe
Cupertino Municipal Code will be $3.00 per month for "access lines" (individual phone lines)
and $22.50 per month for "trunk lines," as those terms are used or defined in Chapter 3.38 and
increase each year after as defined by the Ordinance No. 1935,
PASSED AND ADOPTED this 19th day of April 2004, by the fol1owing vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
foq -g
DRAFT
ORDINANCE NO. 1935
ORDINANCE OF THE CITY OF CUPERTINO ADDING
CHAPTER 3.38 TO THE CUPERTINO MUNICIPAL
CODE PERTAINING TO 911 EMERGENCY
COMMUNICATION SYSTEM RESPONSE FEE
BE IT ORDAINED By the City of Cupertino as follows:
SECTION I: Chapter 3.38 is hereby added to the Cupertino Municipal Code to read as follows:
Sections:
3.38.010
3.38,020
3.38.030
3.38,040
3.38.050
3.38.060
3.38,070
3.38.080
3.38,090
3.38.100
3.38.110
3,38,120
3.38,130
3.38.140
3.38.150
3,38.160
Section 3.38.010
"EMERGENCY RESPONSE FEE"
Title/Purpose.
Definitions.
Findings.
Imposition of Emergency Response Fee.
Exemptions.
Annual Report.
Collection of Fee.
Emergency Communications 911 Emergency Response Fund.
Liability for Fee.
Registration, Reporting and Remitting.
Interest and Penalties.
Failure to Collect and Report Fee; Determination of Fee by Finance
Director.
Refunds.
Failure to Pay Fee; Administrative Remedy.
Administrative Agreements.
California Public Utilities Commission Jurisdiction.
Title/Purpose.
In order to ensure and improve the performance of the 911 communication system, the
city must impose a fee. This chapter shall be known as the "Emergency Response Fee
Ordinance" and the fee imposed herein shall be known as the" emergency response fee."
a)
The purpose of this chapter is to require subscribers to telephone service in the
incorporated area of the city to pay a fee which is related to the benefit subscribers derive
from the improvements to and operation of the 911 communication system that will be
financed by fee revenues.
b)
~Ct - 7
c)
Ordinance No. 1935
The emergency response fee is the most practical and equitable revenue mechanism to
finance the acquisition and construction of land, equipment, software, and facilities which
are needed to provide an adequate and reliable 911 communication system and to operate
that 911 communication system. The fee is intended to recover a majority of the city
costs related to the benefits the 911 system will provide to nonexempt telephone
subscribers,
d)
The fee imposed by the provisions of this chapter is intended solely to provide revenue
for eligible project costs and eligible operating costs, as defined in this chapter. Fee
revenues shall be deposited by the finance director in the 911 emergency response fund
established pursuant to Section 3.38,020 of this chapter. The provisions of this chapter
are not enacted for regulatory purposes or for general revenue purposes.
Section 3.38.020
Definitions.
Except where the context or particular provisions require otherwise, the following definitions
shall govern the construction of this chapter.
a)
"911 communication system" means an enhanced emergency telephone service which
automatically connects a person dialing the digits 9-1-1 to an answering point established
within the county and shall incorporate all aspects of the call delivery system, the call
processing system and the call dispatch system, including, but not limited to, selective
routing, automatic number identification (ANI), automatic location identification (ALl),
and wireless 911. "911 communication system" includes the functions of the Santa Clara
County emergency communications center; however, it does not include the any fire
protection agency or ambulance company that responds to requests for assistance by
traveling to a site to which they are dispatched as a result of an emergency call,
b)
"Access line" means any connection from a customer location within the incorporated
area of the city to a provider of local telephone service offered to the public for
compensation. Within the meaning of this chapter, and without limitation, access lines
include connections providing residential basic exchange service, business basic
exchange service, PBX service (private branch exchange), foreign exchange service and
Centrex service.
c)
"Eligible operating costs" means the portion of operating costs reflecting the benefit
estimated to be provided by the operation of the 911 communication system to telephone
subscribers who are required to pay the fee imposed by the provisions of this chapter on
access lines and trunk lines subject to the fee. Eligible operating costs shall not include
exempt operating costs,
d)
"Exempt operating costs" means the portion of operating costs reflecting the benefits
estimated to be provided by operation of the 911 communication system to telephone
subscribers who are exempted from the fee by Section 3.38.050 or are otherwise not
required to pay any fee imposed by the provisions of this chapter.
Page 2
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Ordinance No. 19~5
e)
"Eligible project costs" means the portion of project costs reflecting the benefit estimated
to be provided by the project to telephone subscribers who are required to pay the fee
imposed by the provisions of this chapter on access lines and trunk lines subject to the
fee, Eligible project costs shall not include exempt project costs.
f)
"Exempt project costs" means the portion of project costs reflecting the benefits
estimated to be provided by the project to telephone subscribers who are exempted from
the fee by Section 3.38.050 of this chapter or are otherwise not required to pay any fee
imposed by the provisions of this chapter.
g)
"Fee" means the emergency response fee imposed under the provisions of this chapter.
h)
"Lifeline service" means discounted telephone service available to eligible low-income
residential customers,
i)
"Local telephone service" means access to a local telephone system, providing two-way
telephonic quality communication with substantially all persons having telephone or
radio telephone stations constituting a part of the local telephone system, whether or not
the service uses transmission wires. "Local telephone service" shall not include land
mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the
Code of Federal Regulations, as that section existed on January 1, 1970. Notwithstanding
this exclusion, "local telephone service" shall include wireless telephone services to the
extent that the Santa Clara County Emergency Communications Center implements and
maintains a primary Public Safety Answering Point (PSAP) by which 911 calls from
wireless telephones are geographically routed to the center for handling.
j)
"Operating costs" means any costs to operate, repair or maintain the 911 communication
system or backup 911 communication system, including but not limited to costs for
personnel, planning, training, software and hardware maintenance and upgrades, facility
maintenance and repair, depreciation equipment replacement, technical infrastructure,
and attorneys' fees.
k)
"Project costs" means any costs of acquiring, re-financing and developing land on which
to locate a 911 communication system facility or backup 911 communication system
facility, acquiring and installing computerized call delivery processing and dispatch
equipment and software, and/or any other acquisition or construction necessary to house
911 communication system equipment and staff in a seismically safe and fireproof
facility or backup facility, including any debt service payments related thereto.
1)
"Service location" means the premises of a telephone subscriber at which a working
service point or primary station set provides the subscriber with basic exchange service
and to which extension services are charged.
Page 3
&~ - II
Ordinance No. 19~5
m)
"Service supplier" means any person supplying local telephone service, pursuant to
authority granted by the California Public Utilities Commission, to any telephone
subscriber at a location within the incorporated area of the City of Cupertino. Service
suppliers may include, without limitation, local exchange carriers, interexchange carriers,
competitive access providers, cable television providers offering telecommunications
services, and any other entity offering direct connections between their premises and the
premises of telephone subscribers,
n)
"Telephone subscriber" means any person required to pay a fee imposed under the
provisions of this chapter.
0)
"Trunk line" means a line between a service supplier's switching device and a private
branch exchange, automatic call distributing system, or other similar device, at a
telephone subscriber location.
Section 3.38.030
Findings.
a)
The 911 communication system provides immediate access to emergency services for
telephone subscribers. Subscribers to telephone service derive significant benefit from
ongoing operation of the 911 communication system installed at the Santa Clara County
Emergency Communications Center. Telephone subscribers will benefit from
maintaining and upgrading the 911 communication system so it continues to operate at a
state-of-the-art level and will further benefit from providing a backup 911
communication system and facility that can be immediately available and operational in
the event of a failure at the Santa Clara County Emergency Communications Center. A
portion of the costs associated with operating, maintaining and upgrading the 911
communication system and facility and backup 911 communication system and facility
should be allocated among all telephone subscribers because telephone subscribers will
reap this significant benefit.
b)
Every telephone access line can provide independent access to the 911 communication
system. Therefore, allocating operating costs on a per line basis fairly distributes these
costs according to the benefit telephone subscribers derive from availability of a
modernized 911 communication system.
c)
The concentration of a large number of access lines in a single location diminishes the
marginal benefit of improved access provided by each additional access line; therefore, it
is appropriate to place a cap on the number of access lines per account per service
location on which the fee is charged.
d)
Subscribers who maintain trunk lines derive more benefit, in terms of access to
emergency communication service, from each telephone line than other subscribers and
should pay a higher fee. Based on information from the California Public Utilities
Commission, the board finds that, on average, a trunk line provides 7.5 times more access
to the 911 communication system than does a single access line.
Page 4
~tt -[:L
Ordinance No. 19~5
e)
Based on information provided by service suppliers, the city estimates that 21,436 access
lines serve subscribers to local telephone service within the incorporated area of the city,
and , or - percent of the - lines providing local telephone service in
the incorporated area of the city, will be exempt from the fee.
t)
For Fiscal Year 2004/05, the costs are as follows:
(I)
The project costs and operating costs will be $771,709
(2)
The eligible project costs and eligible operating costs will be $
; and
(3)
The exempt project costs and exempt operating costs will be $
(4)
Recovering all eligible project costs and eligible operating costs would require a
fee in the amount of$3,OO per month per single access line and $22.50 (7.5 x
$3.00) per month per trunk line.
Section 3.38.040
Imposition of Emergency Response Fee.
a)
There is hereby imposed an emergency response fee on every person who maintains
access to the 911 communication system by subscribing to local telephone service within
the incorporated area of the city. For purposes of this chapter, with respect to mobile
telecommunications services, a person shall be construed to subscribe to local telephone
service within the incorporated area of the city ifhe or she has a "place of primary use,"
as such term is defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. §
124(8), within the geographic boundaries of the incorporated area of the city.
b)
The amount of the fee imposed by this section shall be paid, on a per-line basis, by the
person paying for such local telephone service; however, no telephone subscriber shall be
required to pay fees in excess of $10,000 per account per service location in any calendar
year. The cost of wireless telecommunications services shall not be considered for
purposes of this subsection (b). The amount of the cap established by this subsection shall
be adjusted annually by the Consumer Price Index: All Urban Consumers for the San
Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau
of Labor Statistics.
c)
Only one payment of the fee herein imposed shall be required for any access or trunk
line, notwithstanding that access lines of more than one person are used in furnishing
local telephone service to a telephone subscriber.
d)
Revenues generated by the emergency response fee shall be deposited in the 911
emergency response fund established pursuant to Section AI4-99.
Page 5
~ tt -{ J
b)
c)
Ord;nance No. 19~5
Section 3.38.050
Exemptions.
Nothing in this chapter shall be construed as imposing a fee upon the access lines of:
(a)
A lifeline customer of a service supplier;
(b)
A government agency;
(c)
Payphones;
d)
A non-profit hospital which is exempt from federal income tax under Section 501(a) of
the United States Code;
e)
A non-profit educational organization which is exempt from income tax under Section
501(a) of the United States Code; or
t)
A service location which automatically connects a person dialing the digits 9-1-1 to an
answering point other than Santa Clara County Emergency Communications Center.
Section 3.38.060
Annual Report.
a)
No later than April first of each year, the Director of Administrative Services, or his or
her designee, shall recalculate the access lines and trunk lines that were subject to
payment ofthe emergency response fee during the immediately prior fiscal year.
No later than April first in each year, the Director of Administrative Services, or his or
her designee, will evaluate information from industry sources, regulatory bodies and city
experience to determine whether the fee rates for access and trunk lines continue to
reasonably reflect the increased costs to access the 911 communication system. If the
Director of Administrative Services, based on that information, determines that the fee
rate for access and/or trunk lines no longer reasonably reflects the increased costs to
access the 911 communication system, he/she shall report this new information to the
City Council.
Based upon the information described above, City Council may increase or decrease the
fee accordingly by Resolution after Public Hearing.
Section 3.38.070
a)
Collection of Fee.
The fee imposed by this chapter shall be collected from the telephone subscriber by the
service supplier. Service suppliers shall hold fee revenues in trust for the city and shall
remit the fee revenues collected to the city finance department on a monthly basis on or
before the last day of the following month.
Page 6
~t{ -IV
Ordinance No. 1935
b)
The fee required to be collected by service suppliers under this chapter shall be added to
and stated separately as the county emergency response fee in the service supplier's
billings to telephone subscribers.
c)
If the amount paid by a telephone subscriber is less than the full amount of the charges
for service and the emergency response fee which have accrued for the billing period, a
proportionate share of both the charges for service and the fee shall be deemed to have
been paid.
d)
The duty to collect the fee from a telephone subscriber shall commence with bills issued
on or after the operative date of this chapter.
e)
The service supplier, at its option, may assess a service charge of up to one-eighth of one
percent (0.125%) of emergency response fees actually collected by the service supplier
and remitted to the city. The service charge may be deducted from the emergency
response fees remitted to the city at the time ofremission.
Section 3.38.080
Emergency Communications 911 Emergency Response Fund.
a)
Establishment of Fund. The Emergency Communications 911 Emergency Response Fund
is established to receive all monies collected pursuant to this chapter, and any other
monies transferred into the fund.
b)
Use of Fund. The fund shall be used solely for the following purposes:
I)
For the payment of costs of acquiring, refinancing and developing land on which
to 10èate a 911 communication system facility or backup 911 communication
system facility, acquiring and installing computerized call delivery processing and
dispatch equipment and software, and/or any other acquisition or construction
necessary to house 911 communication system equipment and staff in a
seismically safe and fireproof facility or backup facility, including any debt
service payments related thereto;
2)
For the payment of operating, repair and maintenance expenses for the 911
communication system and backup 911 communication system, including but not
limited to costs for personnel, planning, training, software and hardware
maintenance and upgrades, facility maintenance and repair, depreciation,
equipment replacement, technical infrastructure and attorneys' fees.
Section 3.38.090
Liability for Fee,
a)
Any fee required to be paid by a telephone subscriber under the provisions of this chapter
shall be deemed a debt owed by the telephone subscriber to the city until it has been paid
to the city, except that payment to a service supplier is sufficient to relieve the subscriber
from further liability for the fee.
Page 7
~~ -I)
Ordinance No. 19~5
b)
Any fee required to be collected under the provisions of this chapter shall be deemed a
debt owed to the city by the person required to collect and remit such fee.
c)
Nothing in this section shall impose any duty on a service supplier to take any legal
action to enforce the collection of the fee. However, whenever a service supplier remits
collected fees to the city, the service supplier shall also provide the city with the name
and address of any telephone subscriber refusing or failing to pay the fee for a period of
four or more billing periods and shall state the amount of the fee remaining unpaid. The
Director of Administrative Services assume responsibility for collecting the fees due
from the identified telephone subscribers for the stated periods and may demand payment
of such fees in accordance with Section 3.38.140. The Director of Administrative
Services may not use or disclose the names or addresses obtained under this section for
purposes other than collecting the fees due, except as required by law.
d)
Any person owing money to the city under the provisions of this chapter shall be liable to
an action brought in the name of the city for the recovery of such amount.
e)
No telephone subscriber or service supplier owing money to the city under the provisions
of this chapter may be denied access to the 911 communications system due to their non-
payment of the fee imposed by this chapter.
Section 3.38.100
Registration, Reporting, Remitting and Audit.
a)
Each service supplier providing local telephone service to telephone subscribers within
the incorporated area of the city shall register with the finance director in a manner
prescribed by the finance director and shall set forth the name under which the service
supplier transacts or intends to transact business, and such other information related to the
collection of the emergency response fee as the finance director may require.
b)
Each service supplier shall, on or before the last day of each month, make a return to the
finance director, in a manner prescribed by the Director of Administrative Services,
stating the amount of fees collected by the service supplier during the preceding month.
At the time the return is filed, the full amount of the fee collected shall be remitted to the
Director of Administrative Services. The Director of Administrative Services may require
further readily attainable information related to the collection of the emergency response
fee in the return, including without limitation, the current number of access lines, trunk
lines and exempt lines served by the service supplier in the incorporated area of the city.
Returns and remittances are due immediately upon cessation of business for any reason.
c)
The Director of Administrative Services, or his or her designee, shall have the power to
audit and examine the books and records of any service supplier fee for the purpose of
verifying returns and ascertaining the amount, if any, required to be paid under this
chapter. If the Director of Administrative Services decides that an audit will be
performed, the service supplier shall be given reasonable advance notice, and the service
supplier shall make the requested books and records available, during normal business
hours, at a location in the county convenient to the Director of Administrative Services,
Page 8
~a. -(~
Ordinance No, 1935
Section 3.38.110
a)
b)
c)
or his or her designee. If the Director of Administrative Services determines, based on an
audit under this subsection that a service provider has failed to remit any fee imposed by
this chapter, the finance director may require the service provider to pay for the cost of
the audit.
Interest and Penalties.
Fees required to be collected from a telephone subscriber which are not remitted to the
Director of Administrative Services on or before the due date provided in this chapter are
delinquent.
Service Suppliers. Interest and penalties for delinquency in remittance of any fee not
remitted shall be assessed as follows:
I)
Any service supplier who fails to remit any fee imposed by this chapter within 10
days after receipt of written notice from the Director of Administrative Services
of such failure shall pay a penalty of10 percent of the amount of the fee.
2)
If the Director of Administrative Services determines that the nonpayment of any
remittance due hereunder is due to fraud, a penalty of 100 percent of the amount
of the fee shall be added thereto in addition to the penalty stated in paragraph (1)
of this subsection.
3)
In addition to the penalties imposed in this subsection (b), any service supplier
who fails to remit any fee imposed by this chapter, shall pay interest on the
amount of the fee, exclusive of penalties, from the date on which the remittance
first became delinquent until paid. Interest shall be paid at the rate of one percent
per month, or fraction thereof.
Telephone Subscribers. Failure by a telephone subscriber to pay any fee herein imposed
shall result in the following interest and penalties on the telephone subscriber:
1)
Any telephone subscriber who fails to pay any fee imposed by this chapter within
120 days of the date of the receipt of notice of the amount of fee due from the
service supplier shall pay a penalty of 10 percent of the amount of the fee.
2)
Any telephone subscriber who fails to pay any delinquent remittance within 180
days after the date of the receipt of notice of the amount of fee due from the
service supplier shall pay a second delinquency penalty of 10 percent of the
amount of the fee in addition to the ten percent penalty first imposed.
3)
In addition to the penalties imposed in this subsection (c) any telephone
subscriber who fails to pay any fee imposed by this chapter, shall pay interest on
the amount of the fee, exclusive of penalties, from the date on which the fee first
became delinquent until paid. Interest shall be paid at the rate of one percent per
month, or fraction thereof.
Page 9
hq -( 1
Ordinance No, 1935
4)
The penalties and interest imposed in this subsection (c) shall not be collected by
the service supplier, but shall be detennined and collected by the county as set
forth hereinafter,
d)
Every penalty imposed and such interest as accrues under the provisions of this section
shall become a part of the fee herein required to be paid,
Section 3.38.120
Failure to Collect and Report Fee; Determination of Fee by Director
of Administrative Services.
a)
If any service supplier fails or refuses, within the time provided in this chapter to report
and remit any fee imposed by this chapter, or if a service supplier, after written demand
by the Director of Administrative Services, refuses to make available for audit,
examination or verification such books, or records as the finance director requests, the
Director of Administrative Services may, using any readily available facts and
information, make a reasonable estimate of the fee due and assess against the service
supplier the fee, interest and penalties provided by this chapter.
b)
If the Director of Administrative Services estimates and assesses a fee, as provided in this
section, the Director of Administrative Services shall notify the service supplier of the
assessed amount by serving it personally or by depositing it in the United States mail,
postage prepaid, addressed to the service supplier at its last known place of business. The
notice shall include a copy of this chapter. The service supplier may submit to the
Director of Administrative Services, within 10 days after the serving or mailing of the
notice, a written objection to the assessment and any supporting documentation, a written
request for a hearing on the assessment, or both. If a written objection or request for a
hearing is not submitted within the time prescribed, the fee, interest and penalties, if any,
determined by the Director of Administrative Services shall become final and conclusive
and immediately due and payable.
c)
If the service supplier requests a hearing, the Director of Administrative Services shall
give not less than five days' written notice, in the manner prescribed herein, to the service
supplier to show cause, at a time and place fixed in the notice, why the amount specified
therein should not be fixed for such fee, interest and penalties. At the hearing, the service
supplier may appear and offer evidence why the specified fee, interest and penalties
should not be so fixed.
d)
After the hearing, or the receipt of a written objection, the Director of Administrative
Services shall determine the proper fee to be remitted and shall thereafter give written
notice to the service supplier in the manner prescribed herein ofthe determination and the
amount of the fee, interest and penalties. The amount determined to be due shall be
payable after fifteen days unless an appeal is taken within that period as provided
hereinafter, The decision of the Director of Administrative Services may be appealed, in
writing, to the City Manager. The decision of the City Manager shall be final.
Page 10
~a.-Ið'
Ordinance No. 1935
Section 3.38.130
Refunds.
a)
A service supplier may claim a refund or claim a credit against fees to be conected and
remitted of the amount overpaid or paid more than once, or erroneously or illegally
collected or received by filing a claim with the City Finance Department; provided,
however, that neither a refund or a credit shall be allowed unless the amount of the fee so
conected has either been refunded to the person entitled thereto or credited to the charges
subsequently payable by such person to the service supplier.
b)
A telephone subscriber may obtain a refund of fees overpaid or paid more than once or
erroneously or inegally collected or received by the city by filing a claim with the City
Finance Department, but only when the fee was paid by the telephone subscriber directly
to the city of Cupertino, or when the telephone subscriber, having paid the fee to the
service supplier, establishes to the satisfaction of the finance director that the telephone
subscriber has been unable to obtain a refund from the service supplier who collected the
fee. The city shall be solely responsible for administering refund claims arising out of the
fact that the telephone subscriber, pursuant to Section 3.38,040 (b) has paid in excess of
$ I 0,000 in emergency response fees during a single calendar year.
Section 3.38.140
Failure to Pay Fee; Administrative Remedy.
a)
Whenever the Director of Administrative Services determines that a telephone subscriber
has deliberately withheld the amount of the fee owed by him or her or that a telephone
subscriber has failed to pay the amount of the fee for a period of four or more billing
periods, or whenever the Director of Administrative Services deems it in the best interest
of the city, the Director of Administrative Services shan relieve the service supplier of
the obligation to conect fees due under this chapter from certain named telephone
subscribers for specified billing periods.
b)
If the Director of Administrative Services relieves a service supplier of the obligation to
conect fees, as provided in this section, and the Director of Administrative Services
determines that conection of the fee is in the best interest of the city, the Director of
Administrative Services shan notify the telephone subscriber that the Director of
Administrative Services has assumed responsibility for collecting the fees due for the
stated periods and demand payment of such fees. The notice shan be served on the
telephone subscriber personany or by United States mail, postage prepaid thereon,
addressed to the telephone subscriber at the address to which billing was made by the
service supplier, or, should the telephone subscriber have changed address, to the
subscriber's last known address. If a telephone subscriber fails to remit the fee to the
Director of Administrative Services within 15 days from the date of the service of the
notice, which shan be the date of mailing if service is not accomplished in person, a
penalty of 100 percent of the amount of the fee set forth in the notice, but not less than
$25.00, shan be imposed. The penalty shan become a part of the fee herein required to be
paid, Such penalty shan be in addition to any other penalty imposed by this chapter.
Page 11
~q -(9
Ordinance No. 1935
Section 3.38.150
Administrative Agreements.
The City may enter administrative agreements with service suppliers to vary the strict
requirements of this chapter so that collection of any fee imposed herein may be made in
conformance with the billing procedures of a particular service supplier so long as the overall
result of such an agreement results in collection of the fee in conformance with the general
purpose and scope of this chapter. A copy of each agreement shall be on file and available for
public examination in the office of the city clerk of the City of Cupertino.
Section 3.38.160
California Public Utilities Commission Jurisdiction.
Nothing contained in this chapter is intended to conflict with applicable rules or
regulations of the California Public Utilities Commission, or with tariffs of any service supplier
subject to the jurisdiction of the California Public Utilities Commission. In the event of any
conflict, the provisions of those rules, regulations and tariffs shall control.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 19th day of April 2004 and ENACTED at a regular meeting of the City
Council of the City of Cupertino the - day of 2004, by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Page 12
~íl - JD
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone, (408) 777-3220
Fax: (408) 777-3366
CUPEIQ1NO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. (0 b
Meeting Date: April 19, 2004
SUBJECT AND ISSUE
Review and adopt City fees for 2004-05.
BACKGROUND
All user fees are reviewed each year in conjunction with the preparation of the budget. Our goal
is to ensure that, to the extent possible, fees cover the cost of providing services. Several
changes are proposed this year, including adjustments for cost of living increases. In addition, an
independent fee study was performed on Planning, Building and Public Works fees by PRM
Group, This study concluded that current fees for Planning, Building and Public Works did not
reflect full cost recovery.
General Fees:
.
Fees have been increased as appropriate to cover the cost for services provided,
Fees have been added for budget and financial statement documents,
.
.
A noise variance fee has been added,
.
An administrative fee for disabled parking ticket dismissals has been added in accorance with
State law.
Public Works Fees:
.
Fees have been increased to reflect full cost recovery as determined by the PRM Group fee
study. In addition, several fees were added to ensure cost recovery of all services provided.
Telecommunications Facility Fee to cover the installation and occupancy for installations in
the rights-of-way in accordance with the 1996 Telecommunications Act has been increased
by five percent.
Planning and Building Fees:
.
.
Fees have been increased to reflect full cost recovery as determined by the PRM Group fee
study.
Printed on Recycled Paper
& b-I
Parks and Recreation Fees:
.
Various fees for the Sports Center, Blackberry Farm Conference Room, Monta Vista
Recreation Center, and Creekside Park Building were increased and are consistent with
market rates for these services.
.
Fees have been added for child watch service, the Teen Center facility rental, and for the new
Community Hall.
This year we will be charging the non-profit rate for room use for all co-sponsored clubs.
When co-sponsored status was afforded groups (this practice dates back to the 1970's) one of
the benefits was a reduced rate for room rental. However, over the years fees have been
waived.
.
RECOMMENDATION:
The recommended adjustments to user fees provide for recovery of the cost of City services,
conform to our budget revenue guidelines, and become effective on July 1, 2004. Staff
recommends that City Council approve the proposed fees,
Submitted by:
AP~bmi""i""'
David W. Knapp
City Manager
(}I¥AM/).~
Carol A. Atwood
Director of Administrative Services
~b-J-
RESOLUTION NO: 04-291
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 03-069 AND ESTABLISHING USER FEES
WHEREAS, the State of California requires fees charged for service rendered not to exceed
the cost of delivering said services; and
WHEREAS, a public hearing has been held to review user fees; and
WHEREAS, the City Council of the City of Cupertino has established guidelines for setting
user fees;
NOW, THEREFORE, BE IT RESOLVED that:
1. User fees are established per attachments A through E.
2. All user fees previously established by Council action or resolution are hereby
superseded,
3. User fees are effective July 1, 2004.
PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino
this 19th day of April 2004 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
~b-3
Department
General
Engineering
Planning
Building
Recreation
CITY OF CUPERTINO
SUMMARY OF USER FEES
Resolution 04-291/April19, 2004
Fees Effective July 1, 2004
Schedule
A
B
c
D
E
~b-L{
CITY OF CUPERTINO
Resolution 04.291/April19, 2004
Fees Effective July 1, 2004
Schedule A - General
Photocopies - per sheet
Microfilm/Microfiche Printout
Budget Documents
Comprehensive Annual Financial Reports (CAFR)
Returned Check Charge
Late Payment on 30 Day Delinquent City Invoices
Property Liens Administrative Fee
Municipal Code Book
Williamson Act Filings
Tape Dubbing - Audio, Video, DVD, CD
VHS
DVD
CD WebcastlCD Audio
DV CAMIBETA CAM
U-Matic
MiniDV
Audio Cassette
Notary Fee
Fingerprinting Processing
Handbill Permit
Renewals
Solicitor Permit (Includes fingerprinting)
Renewals
Massage Establishment Fee (Includes fingerprinting
and background check)
Renewals
Massage Therapist Fee (Includes fingerprinting and
background check)
Renewals
$0.20
$0.50/frame
$50,00
$30.00
$25.00
12% per annum
$30 per book/blockJparcellien
$77.00
$105.00
$ 12,OO/tape
$20,OO/DVD
$12.00/CD
$50.00/tape
$25,OO/tape
$30,OO/DV
$1.00/tape
$10.00/signature
State Fee $32.00 Plus
$12,00 City Administrative Fee
$93,00
$26.00
$140.00
$26,00
$184.00
$46.00
$184.00
$46.00
~~-)
CITY OF CUPERTINO
Resolution 04-2911April19, 2004
Fees Effective July 1,2004
Schedule A - General (continued)
Massage Managing Employee Fee (Includes
fingerprinting and background check)
Renewals
$184.00
$46,00
Massage Permit Appeal (DeniallRevocation)
$145,00
Taxi Driver Permits (Includes fingerprinting and
background check)
Renewals
$184,00
$46.00
All Municipal Code Parking Violations
$35.00
CVC Parking Citation Dismissals Admin, Fee
$25.00
Noise Variances
$140.00
Duplicate Business Licenses
$20.00
Business License Exemption Administrative Fee
$50,00
Business License Database
$100,00
New Business Monthly Reports
15.oo/month
Community Festivals
$8.00/day/vendor
Farmers Market
$2.oo/week/vendor
Flea Markets
$8.50/monthlvendor
Sign Removal (Public Right-of-Way)
$15.oo/sign
Dangerous Dog Annual Registration Fee
$177.00
Intemet Processing Fee
$2.00/transaction
Police Disturbances
Actual Cost *
Abatement Fee
Actual Cost *
Research and Compilation of New Records Fee (For
information requests greater than 1/2 hour.)
Actual Cost *
Graffiti Cleanup
Actual Cost *
2
(0 b -~
CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1,2004
Schedule A - General (Continued)
Public Requests for GIS Printed Maps
Standard pre-formatted maps
Plotted maps
Printed maps
$25,00
$2.00
Custom request maps
Actual Cost*
Public Requests for GIS Data
Digital data layers for GIS Data
$25.oo/layer
$200,00 for all city layers
Custom request data layers on CDROM
Actual Cost*
Ortho-rectified aerial photography
$25.oo/tile
$300.00 full City of Cupertino (153 tiles)
Damage to City Property
Grounds, Streets, Facilities
Traffic - Engineering
Traffic - Maintenance
Actual Cost *
Code Enforcement
Actual Cost *
* Actual cost is: 1) Employee hourly rate plus 40% for benefits and overhead, and 2) cost of materials,
contractors and supplies.
3
~~-Î
CITY OF CUPERTINO
Resolution 04.2911April19, 2004
Fees Effective July 1,2004
Schedule B . Engineering
Street Cuts
Miscellaneous; greater of $870 minimum or 5% of cost improvements
Utility; greater of $1,030 minimum or 5% of cost of improvements
Grading permit; greater of $3,300 minimum or 6% of cost of improvements
Pracel Mapffract Map
Parcel Map (1-4 lots)
Tract Map (> 4 lots)
Plan Check & Inspection
Review of Building Permit
Improvement Agreement
Residential; greater of $2, 130 minimum or 5% of cost of improvements
Commercial; greater of $3,440 minimum or 6% of cost of improvements
Annexation (plus county filing fee)
Certificates of Compliance
Encroachment Permits
Residential
Non-Residential
Annual Utility Company
Lot Line Adjustment
Soil & Geo Reports (plus any material/service fees)
Short Report
Long Report
Geo Report Deposit
Engineering Copies
Engineering Micro fiche
Traffic Micro fiche
Improvement Plans
Traffic Reports/Plans
Microfilm
Transportation Permit
Single
Annual Utility Company
Telecommuncations Facility Fee (5% increase per year)
Installation Rate
Occupancy Rate
Banners
4
$870.00 minimum
$1,303,00 minimum
$3,300,00 minimum
$3,250,00
$6,750,00
$1,700.00
$2,130.00 minimum
$3,440.00 minimum
$1,400.00
$1,200.00
$990.00
$1,000,00
$325.00
$2,300,00
$575,00
$575.00
$7,150.00
$30.00/sheet
$40.00/sheet
$30,OO/sheet
$40,OO/sheet
$33.00/sheet
$500,00
$500,00
$1.74/lineal foot of
conduit/yr
$O,87/lineal ft. ofleased
conduit/yr
$320,00
~ b-ð
CITY OF CUPERTINO
Resolution 04-2911April19, 2004
Fees Effective July 1, 2004
Schedule B - Engineering (continned)
* Aerial Photo Customer Work
$240,OO/sheet
* Soil/Geo Report Research
$1,2oo,()()
* Special Events
$1,090.00
* Schools - Traffic Request
$1,230.00
* Insurance Review
$315,00
* Block PartyIParade ($950,00)
No Charge
* Vacation of Public Street ROW
$460.00
* Small Traffic Calming Request
$890.00
* Comprehensive Neighborhood Traffic Request
$1,720,00
* Certificate of Correction
$130.00
* Floodplain Evaluation
$50.00
* Permit Parking Study
$880.00
* Permit Parking Issuance
$45.00
* Research
$ 170.00/hr.
* New fees for 2004-05 per PRM Group fee study.
5
& ~- ~
CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective Jnly 1,2004
Schedule C - Definition of Planning Fee Services
Maior
Five thousand or more square feet commercial; 10,000 or more square feet office/industrial; eight or
more residential units.
Minor
Less than 5,000 square feet commercial; less than 10,000 square feet office/industrial; less than eight
residential units.
Appeal
A request from the project applicant or interested party to reverse or amend a decision made by staff
or an advisory body. An appointed public official serving on the board that made the decision
subject to the appeal, an appointed public official serving on a board that is directly affected by the
decision and the City Council members are exempted from the fee requirement.
Directors Application
An application that receives final approval by staff either via an advertised public hearing or non-
hearing format. The application may involve a pre-application meeting and/or Environmental
Review committee review,
Temporary Sign Permit
A staff review of a temporary sign application that includes an evaluation of the sign request, the
entry into the temporary log and site review by Code Enforcement Officers. The permit fee is in
addition to the submittal of a deposit to guarantee removal of the sign upon expiration of the
temporary permit.
Tentative Map
Five or more parcels,
Parcel Map
Four or less parcels,
Housing Mitigation Fee
Fee collected is used to construct new affordable residential units for Cupertino residents and
employees. The fees mitigate the need for affordable units caused by expanding offices creating new
jobs and new residential development, office, R&D, industrial and residential development.
NOTES:
Mixed use applications will be classified based upon the highest intensity and review process,
The Director of Community Development will have discretion to classify projects based upon the
above criteria.
6
(g~-(D
CITY OF CUPERTINO
Resolution 04-2911April19, 2004
Fees Effective July I, 2004
Schedule C - Planning
General Plan Amendment Authorization - Major
$3,590,00
General Plan Amendment Authorization - Minor
$1,795.00
Study Session
$3,590.00
General Plan Amendment - Major
$11,185,00
General Plan Amendment - Minor
$5,593.00
Development Agreement
$14,789.00
Zoning - Minor
$2,770.00
Zoning < one acre
$5,539.00
Zoning one to five acres
$8,420.00
Zoning> five acres
$11,473,00
Tentative Map
$12,206.00
Use Permit - Major
$12,206,00
Exception (per exception)
$2,150,00
Amendment to Development Approval
$3,260,00
Hillside Exeption
$5,407.00
Parcel Map
$5,701.00
Use Permit - Minor
$5,701.00
Planning Commission - Atchitectural and Site Approval
$5,701.00
Planning Commission Interpretation
$2,849.00
Planning Commission - Tree Removal
$2,462,00
Environmental Impact Report
$21,353.00
Negative Declaration - Major
$3,285,00
Negative Declaration - Minor
$1,643,00
Categorical Exemption
$191.00
7
~b-l/
CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1,2004
Schedule C - Planning (Continued)
Design Review Committee - Architectural and Site Approval
$2,757.00
R-l Design Review
$1,915,00
R-l Exception
$1,339.00
Sign Exception
$1,612.00
Fence Exception
$549.00
Director - Variance
$1.377.00
Director - Minor Modification
$963.00
Director - Tree Removal
$795.00
Temporary Use Permit
$1,100,00
Temporary Sign Permit
$161.00
Sign Program
$551.00
Appeal
$145.00
Zoning, Planning, Municipal Code (Building Permit Fees)
CommerciallMulti-Family
Residential Single Family
$O,21/sq. ft.
$0, 11Isq, ft.
Wireless Master Plan Fee: Equipment Mount on Existing Light Standard
or Utility Pole
$5,OO/mount
Wireless Master Plan Fee: Other Personal Wireless Facility
$l,OOO.OO/facility
Housing Mitigation In-Lieu Fees
Residential
OfficelIndustriallR&D
$1.15/sq. ft.
$2.25/sq. ft.
Stevens Creek Blvd, Specific Plan Fee
$,044/sq. ft.
8
~ þ-r.L
CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1,2004
Schedule D. Building Valuation Schedule
OCCUPANCY AND TYPE
1. APARTMENT HOUSES
*Type I or II F.R.
Type V - Masonry or Type III
Type V - Wood Frame
Type 1 - Basement Garage
REMODEL COST PER SO. FT.
COST PER NEW SO. FT.
$42,94
$35.41
$32,74
$20.77
$136.81
$111.13
$102.73
$ 46,85
2. AUDITORIUMS
Type 1 or 11 F.R.
Type 11 - I-Hour
Typel1-N
Type 111- I-Hour
Type l11-N
Type V - I-Hour
TypeV-N
$44.65
$32.74
$32.70
$32,74
$32,74
$32,74
$32.47
$131.29
$ 95.09
$ 89.95
$ 99,97
$ 94,84
$ 95,58
$ 89.20
3. BANKS
*Type 1 or 11 F.R.
Type 11 - I-Hour
Type I1-N
Type 111- I-Hour
Type l11-N
Type V - I-Hour
TypeV-N
$56.70
$56.52
$56.42
$57,87
$57,81
$45.96
$45.90
$185.54
$136.68
$132.29
$150,84
$145.45
$136.68
$130,92
4. BOWLING ALLEYS
Type II -I-Hour
Type I1-N
Type 111 -I-Hour
Type l11-N
Type V - 1-1 Hour
$27.37
$27.37
$27,39
$27,37
$27.34
$ 63.90
$ 59.63
$ 69.53
$ 65.02
$ 46.85
S. CHURCHES
Type I or 11 F.R.
Type 11 - I-Hour
Type I1-N
Type 111 - I-Hour
Type 111 - N
Type V - I-Hour
$40.28
$32.71
$32.70
$32,74
$32,74
$32,74
$124.28
$ 93.34
$ 88.69
$101.48
$ 96,97
$ 89.20
*Add 0,5 percent to total cost for each story over three
**Deduct 11 percent for mini-warehouses
***Deduct 20 percent for "shell only" buildings
9
~b-{3
CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule D - Buildiug Valuatiou Schedule
OCCUPANCY AND TYPE
SO. FT.
6. CONVALESCENT HOSPITALS
*Type 1 or 11 P.R.
Type 11 I-Hour
Type 111-1-Hour
Type V - I-Hour
REMODEL COST PER SO. FT.
COST PER NEW
7. DWELLINGS
Type V - Masonry
Type V - Wood Frame
Basements
Semi-Finished
Unfinished
$58,00 $174,39
$41.99 $121.02
$41.99 $124.03
$41.95 $116,88
$39,31 $121.40
$39.31 $115,76
$16.93 $ 29.07
$16.93 $ 22,18
$45.88 $143.32
$35,03 $ 94.33
$35,00 $ 88.95
$35.03 $103,23
$35.03 $ 98.85
$35.08 $ 96.84
$35,00 $ 91.83
$43,32 $129.92
$35.03 $105.49
$35,03 $100.97
$35.08 $109.87
$35.08 $105.36
$35,05 $106.11
$35,03 $102.47
$67,39 $204.46
$56,67 $169,25
$52,66 $161.49
8. FIRE STATIONS
Type 1 or 11 F,R.
Type 11 - I-Hour
Type 11-N
Type 111 - I-Hour
Type 111 - N
Type V - I-Hour
TypeV-N
9. HOMES FOR THE ELDERLY
Type 1 or 11 P.R.
Type 11- I-Hour
Type 11-N
Type 111 - I-Hour
Type l11-N
Type V - I-Hour
Type V -N
10. HOSPITALS
*Type 1 or 11 F,R,
Type Ill-I-Hour
Type V -I-Hour
* Add 0,5 percent to total cost for each story over three
**Deduct 11 percent for mini-warehouse
***Deduct 20 percent for "shell only" buildings
**** Add 25% for hazardous occupancy or high tech
10
~ b -(t{
CITY OF CUPERTINO
Resolution 04-291/April19, 2004
Fees Effective July 1, 2004
Schedule D - Building Valuation Schedule
OCCUPANCY AND TYPE
SO. FT.
REMODEL COST PER SO. FT.
11. HOTELS AND MOTELS
*Type I or 11 F.R.
Type 111-I-Hour
Type 111-N
Type V - I-Hour
Type V -N
12. INDUSTRIAL PLANTS ****
Type 1 or 11 F,R.
Type 11 - I-Hour
Type 11 - (Stock)
Type 111 - I-Hour
Type l11-N
Tilt-Up
Type V - I-Hour
Type V -N
13. JAILS
Type I or 11 F.R.
Type 111 - I-Hour
Type V - I-Hour
14. LIBRARIES
Type 1 or 11 F.R.
Type 11 - I-Hour
Typel1-N
Type I11-I-I-Hour
Type I11-N
Type V - I-Hour
Type V - N
15. MEDICAL OFFICES ****
Type 1 or 11 F.R.
Type 11 - I-Hour
Typel1-N
Type 111 -I-Hour
Type 111-N
Type V - I-Hour
Type V -N
* Add 0,5 percent to total cost for each story over three
**Deduct 11 percent for mini-warehouse
***Deduct 20 percent for "shell only" buildings
**** Add 25% for hazardous or high tech occupancies
$43.19
$40.57
$34.06
$34.09
$34,06
$26.14
$26,09
$26,09
$26,11
$26.11
$26,11
$26,11
$26,09
$66,05
$62,13
$49.92
$48,60
$34,06
$34,06
$33,87
$34,09
$34,09
$34,06
$57.86
$43.27
$43.27
$43,32
$43.32
$43.27
$43.27
11
COST PER NEW
$126.54
$109.62
$104.48
$ 95.47
$ 98.67
$ 71.28
$ 49.61
$ 45.60
$ 54.62
$ 51.49
$ 40.83
$ 51.49
$ 47.10
$199,32
$182,29
$136.68
$145.83
$106,74
$101.48
$112,76
$107,09
$105,87
$107.02
$149.71
$115,51
$109,74
$125.28
$116.63
$113,00
$109.00
~b-()
CITY OF CUPERTINO
Resolution 04-29I/April19, 2004
Fees Effective July 1, 2004
Schedule D - Building Valuation Schedule
OCCUPANCY AND TYPE
SO. FT.
16. OFFICES
Type 1 or 11 F,R.
Type 11 - I-Hour
Type I1-N
Type 111 - I-Hour
Typel11-N
Type V - I-Hour
TypeV-N
REMODEL COST PER SO. FT.
COST PER NEW
17. PRIVATE GARAGES
Wood Frame
Masonry
Open carports/covered decks/porches
Uncovered decks
$52.57 $133,25
$35,32 $ 89.58
$35.32 $ 85.31
$35,35 $ 96.72
$35.41 $ 92.45
$35.32 $ 90,57
$35.32 $ 85,31
$16.92 $ 30.44
$16,92 $ 34,33
$11.68 $ 20,79
$11.47 $ 17.48
$60.45 $160.00
$45,90 $125,28
$45.85 $119,77
$45.95 $130,04
$45.90 $125.53
$45.85 $119.02
$45,85 $114.75
$26.14 $ 61.26
$26.06 $ 45.98
$26,09 $ 35,08
$26.09 $ 46.36
$26.09 $ 41.22
$26,09 $ 42,22
$65.60 $122,02
$65.60 $117.89
$59.06 $111.75
$56.22 $107.37
18. PUBLIC BUILDINGS
Type 1 or 11 F,R,
Type 11 - I-Hour
Type 11-N
Type 111 - I-Hour
Type 111 - N
Type V - I-Hour
TypeV-N
19. PUBLIC GARAGES
Type 1 or 11 FR,
Type 1 or 11 Open Parking
Type 11 - N
Type 111-1-Hour
Type I11-N
Type V -I-Hour
20. RESTAURANTS
*Type 111 - I-Hour
Type I11-N
Type V - I-Hour
Type V -N
* Add 0,5 percent to total cost for each story over three
**Deduct 11 percent for mini-warehouse
***Deduct 20 percent for "shell only" buildings
**** Add 25% for hazardous or high tech occupancies
12
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OCCUPANCY AND TYPE
SO. FT.
21. SCHOOLS
Type 1 or 11 P.R.
Type 11 - I-Hour
Type Ill-I-Hour
Type III - N
Type V - I-Hour
TypeV-N
22. SERVICE STATIONS
Type 11-N
Type III -I-Hour
Type V - I-Hour
Canopies
23. STORES
*Type I or 11 P.R.
Type 11 - I-Hour
Type 11-N
Type Ill-I-Hour
Type 111-N
Type V - I Hour
Type V -N
24. THEATERS
Type I or 11 F,R.
Type III - I-Hour
Type III - N
Type V - I-Hour
Type V -N
25. W AREHOUSES**
Type I or 11 P.R,
Type 11 or V-I-Hour
Type 11 orV-N
Type Ill-I-Hour
Type I11-N
CITY OF CUPERTINO
Resolution 04-29I1April19, 2004
Fees Effective July 1,2004
Schedule D - Building Valuation Schedule
REMODEL COST PER SO. FT.
* Add 0.5 percent to total cost for each story over three
**Deduct 11 percent for mini-warehouse
***Deduct 20 percent for "shell only" buildings
**** Add 25% for hazardous or high tech occupancies
COST PER NEW
$65,74 $139.31
$48.43 $ 95.09
$48.43 $101.73
$45.80 $ 97.84
$45.80 $ 97.84
$45.74 $ 90.95
$45,15 $ 84.19
$45,16 $ 87.82
$45,09 $ 74.79
$45.00 $ 35,08
$40.58 $103,23
$36.56 $ 63.14
$36.61 $ 61.76
$36.65 $ 76.79
$36,61 $ 72.04
$36.57 $ 64.64
$36.56 $ 59,76
$52.57 $137.55
$37,94 $100.23
$36,74 $ 95.47
$35,32 $ 94.33
$34,00 $ 89.20
$36.56 $ 61.89
$18,26 $ 36.70
$18,26 $ 34.46
$18,26 $ 41.59
$18.25 $ 39,59
13
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CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1,2004
Schedule D - Building Valuation Schedule
EOUIPMENT AND AIR CONDITIONING
Commercial
Residential
Sprinkler Systems
$ 5,26
$ 4,39
$ 3.25
RETAINING WALLS. PER SO. FT. (HEIGHT X LENGTH) AREA ABOVE GRADE
Masonry
Concrete
$ 30.07
$ 26.46
..............................................................................,
Address Changes
$268.92
14
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CITY OF CUPERTINO
Resolution 04-2911April 19, 2004
Fees Effective July 1,2004
Schedule D - Building Permit
Permit Valuation
$1 - $3,000
$83,16
$3,001 - 25,000
$93,96 for the first $3,000 plus $10,80 for each additional
$1,000 or fraction thereof, to and including $25,000,
$25,001 - 50,000
$324.00 for the first $25,000 plus $8.64 for each additional
$1,000 or fraction thereof, to and including $50,000.
$50,001 - 100,000
$540.00 for the first $50,000 plus $6.48 for each additional
$1,000 or fraction thereof, to and including $100,000.
$100,001 - 500,000
$851.04 for the first $100,000 plus $4.32 for each additional
$1,000 or fraction thereof, to and including $500,000,
$500,001 - 1,000,000
$2,817.72 for the first $500,000 plus $3.24 for each additional
$1,000 or fraction thereof, to and including $1,000,000.
$1,000,001 -
$4,795,20 for the first $1,000,000 and up plus $2,16 for each
additional $1,000 or fraction thereof,
PLAN CHECKING
Structural and Non-Structural
1.3345% of building permit fee for each plan submitted. Each additional identical repeat plan for
multi-unit residential developments will be assessed at $34.86 each unit.
Energy
48% of building permit fee for each plan submitted. Each additional identical repeat plan for
multi-unit residential developments will be assessed at $34.86 each unit.
Repeat plan checks that exceed 2 reviews will be charged an hourly rate at $87,14 per hour.
15
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CITY OF CUPERTINO
Resolution 04-2911April 19,2004
Fees Effective July 1,2004
Schedule D - Building - Electrical Fees
New Residential Buildings and Remodels that add additional square footage
The following fees shall include all wiring and electrical equipment in or on each building, or
other electrical equipment on the same premises constructed at the same time.
Permit Fee
$38.37
New multi-family residential buildin!!s (apartments and condominiums) haying
three or more liying units not including the area of garages, carports and other
non-commercial automobile storage areas constructed at the same time, per
square foot
$,07
New sin!!le and two-family residential buildings not including the area of
garages, carports and other minor accessory buildings constructed at the
same time, per square foot
$,08
For other types of residential occupancies and alterations, additions and
modifications to existing residential buildings, use the UNIT FEE SCHEDULE
New commercial buildin!!s and completely remodeled spaces not including the
Area of garages, per square foot
$.13
Commercial alterations and modifications to existing buildings, use the
Unit fee schedule
16
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CITY OF CUPERTINO
Resolution 04.2911April19, 2004
Fees Effective July 1, 2004
Schedule D - Building - Electrical
UNIT FEE SCHEDULE
Remodel - No additional square footage
Permit Fee
Residential Appliances
For fixed residential appliances or receptacle outlets for same, including
wall-mounted electric ovens; counter mounted cooking tops; electric
ranges, self-contained room console, or through-wall air conditioners;
space heaters; food waste grinders; dishwashers washing machines;
water heaters; clothes dryers; or other motor operated appliances not
exceeding one horsepower (HP) in rating each
NOTE: For other types of air conditioners and other motor-driven
appliances having larger electrical ratings, see Power Apparatus,
Non-Residential Appliances
For residential appliances and self-contained factory-wired, non-residential
appliances non exceeding one horsepower (HP), kilowatt (KW), or
kilovotampere (KV A) in rating including medical and dental devices; food,
beverage, and ice cream cabinets; illuminated show cases; drinking fountains;
vending machines; laundry machines; or other similar types of equipment,
each
NOTE: For other types of air conditioners and other motor-driven appliances
having larger electrical ratings, see Power Apparatus.
Services
For services of 600 volts or less and not over 2oo amperes in rating, each
For services of 600 volts or less and over 200 amperes to 1,ooO amperes in
rating, each
For services over 6oo volts over 1,000 amperes in rating, each
17
$ 38.37
$ 4.80
$ 4,80
$ 29.43
$ 59,94
$119,88
~ h-11
CITY OF CUPERTINO
Resolution 04-2911April19, 2004
Fees Effective July 1, 2004
Schedule D - Building - Electrical
USER FEE SCHEDULE
(continued)
Remodel - No additional square footage
Signs, Outline Lighting and Marquees
For signs, outline lighting systems or marquees supplied from one
branch circuit, each
For additional branch circuits within the same sign, outline lighting
system or marquee, each
Miscellaneous Apparatus, Conduits, Conductors, and Special Circuits
For electrical apparatus, conduits and conductors for which a permit is
required but for which no fee is herein set forth
Power Device/Apparatus
For motors, generators, transformers, rectifiers, synchronous converters,
capacitors, industrial heating, air conditioners and heat pumps, cooking
or baking equipment and other apparatuses, as follows:
Rating in horsepower (HP), kilowatts (KW), kilovolt-amperes (KV A),
or kilovolt-amperes-reactive (KV AR):
1 unit
2 through 5 units, each additional
6 and over, each additional
NOTE:
1. For equipment or appliances having more than one motor, transformer,
heater, etc., the sum of the combined ratings may be used.
2. These fees include all switches, circuit breakers, contractors, thermostats,
relays and other directly related control equipment.
18
$23.98
$4.80
$27,58
$47,96
$17.99
$11.99
~b-2-:L
CITY OF CUPERTINO
Resolution 04-291/April19, 2004
Fees Effective July 1,2004
Schedule D - Building. Electrical
UNIT FEE SCHEDULE
(continued)
Remodel - No additional square footage
Busways
For trolley and plug-in-type bus ways, each 100 feet or fraction thereof
$7.02
Note: An additional fee will be required for lighting fixtures, motors
and other appliances that are connected to trolley and plug-in-type
busways. No fee is required for portable tools,
Receptacle, Switch and Lighting Outlets
For receptacle, switch, lighting or other outlets at which current is
used or controlled, except services, feeders and meters.
First 20 each
Additional outlets, each
NOTE: For multi-outlet assemblies, each 5 feet or
fraction thereof may be considered as one outlet.
$1.20
$0.73
Lighting Fixtures
For lighting fixtures, sockets or other lamp holding devices
First 20 each
Additional fixtures, each
$1.20
$0.73
For pole or platform-mounted lighting fixtures each
For theatrical-type lighting fixtures or assemblies each
$1.20
$1.20
19
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CITY OF CUPERTINO
Resolution 04-2911ApriI 19,2004
Fees Effective July 1,2004
Schedule D - Building - Mechauical Fees
New Residential Buildings and Remodels that add additional square footage.
The following fees shall include all mechanical equipment in or on each building, or
other mechanical equipment on the same premised constructed at the same time,
New multi-family residential buildings (apartments and condominiums)
haying three or more liying units not including the area of garages, carports
and other non-commercial automobile storage areas constructed at the same
time, per square foot
$0,07
New and single and two-family residential buildings not including the area
of garages, carports and other minor accessory buildings constructed at the
same time, per square foot
$0.08
For other types of residential occupancies and alterations and modifications
To existing building, use the unit fee schedule
New commercial buildings and comDletely remodeled SDaces not including
The area of garages, per square foot
$0.13
Commercial alterations and modifications to existing buildings, use the unit
Fee schedule
20
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CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule D - Building - Mechanical Fees
UNIT FEE SCHEDULE
Remodels. No additional Square Footage
Permit Fee
For the repair of alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, V A V boxes, absorption unit, or each
heating, cooling, absorption, or evaporative cooling system, including
installation of controls regulated by this Code.
For each air-handling unit, A/C units, heat pumps to and including
10,000 cubic feet per minute, including ducts attached thereto. Does
not apply to central type,
NOTE: This fee shall not apply to an air-handling unit that is a
portion of a factory-assembled appliance, cooling unit, evaporative
cooler or absorption unit for which a permit is required elsewhere
in this Code,
For each air-handling unit A/C unit, heat pump over 10,000 cfm
For the installation or relocation of each commercial or industrial-type
Hood
For the installation of each residential hood that is served by a mechanical
exhaust, including the ducts for such hood
For the installation or relocation of each forced-air or gravity-type fumace
or burner, including ducts and vents attached to such appliance, up to and
including 100,000 Btu/h
For each ventilation system which is not a portion of any heating or
air conditioning system authorized by a permit
For each ventilation fan connected to a single duct
For the installation or relocation of each forced air or gravity type
furnace or burner, including ducts and vents attached to such appliance
over 100,000 Btu/h
21
$ 38.37
$ 13.19
$ 10,26
$ 17.82
$137,87
$ 10.26
$ 14.31
$ 10,26
$ 7,02
$ 17,55
~~-l)
CITY OF CUPERTINO
Resolution O4-291/April19, 2004
Fees Effecûve July 1, 2004
Schedule D - Building - Mechanical Fees
UNIT FEE SCHEDULE
(continued)
Remodels - No additional Square Footage
For the installation or relocation of each floor furnace, including vent
$ 14.31
For the installation or relocation of each suspended heater, recessed
wall heater or floor-mounted unit heater
$ 14.31
For the installation, relocation or replacement of each appliance vent
installed and not included in an appliance permit
$ 7.02
For the installation or relocation of each boiler or compressor to and
including three horsepower, or each absorption system to and including
100,000 Btulh (29.3 kw)
$ 14,31
For the installation or relocation of each boiler or compressor over three
horsepower to and including 15 horsepower, or each absorption system
over 100,000 Btulh and including 500,000 Btulh
$ 26.19
For the installation or relocation of each boiler or compressor over 15
horsepower to and including 30 horsepower, or each absorption system
over 500,000 Btulh to and including 1,000,000 Btulh
$ 35.91
For the installation or relocation of each boiler or compressor over 30
horsepower to and including 50 horsepower, or for each absorption system
over 1,000,000 Btulh to and including 1,750,000 Btulh
$ 53.46
For the installation or relocation of each boiler or refrigeration compressor
over 50 horsepower, or each absorption system over 1,750,000 Btulh
$89,37
For each appliance or piece of equipment regulated by this Code but not
classed in other appliance categories, or for which no other fee is listed
in this Code
$ 10,26
22
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CITY OF CUPERTINO
Resolution 04-2911April19, 2004
Fees Effective July 1, 2004
Schedule D - Building - Plumbing Fees
New Residential Buildings and Remodels that add additional square footage
The following fees shall include all plumbing equipment in or on each building, or other
plumbing equipment on the same premises constructed at the same time.
New multi-family residential buildings (apartments and condominiums) haying
three or more liying units not including the area of garages, carports and other
non-commercial automobile storage areas constructed at the same, per square
foot
$0,07
New single and two-family residential buildings not including the area of
garages, carports and other minor accessory buildings constructed at the same
time, per square foot
$0.08
For other types of residential occupancies and alterations and modifications
To existing building, use the unit fee schedule
New commercial buildings and completelv remodeled spaces not including
The area of garages, per square foot
$0.13
Commercial alterations and modifications to existing buildings, use the
unit fee schedule
23
hb-l Î
CITY OF CUPERTINO
Resolution 04-29I/ApriI19, 2004
Fees Effecûve July 1, 2004
Schedule D - Building - Plumbing Fees
UNIT FEE SCHEDULE
Remodel - No additional Square Footage
Permit Fee
$38.37
For installation, alteration or repair of water piping water treating
equipment
$ 9.00
For repair or alteration of drainage or vent piping, floor, area,
condensate piping
$ 9,00
For each plumbing fixture or trap or set of fixtures on one trap
(including water, drainage piping and backflow protection therefor)
$ 9.00
For each gas piping system of one (1) to four (4) outlets
$ 5.40
$ 1.20
For each gas piping system of five (5) or more, per outlet
For each industrial waste pre-treatment interceptor, including its trap
and vent, excepting kitchen type grease traps functioning as fixture
traps
$17.99
$ 9.00
Kitchen type trap and/or system
For each building sewer, sanitary sewer, and each trailer park sewer
$21.58
$ 9.00
Storm/rainwater systems per drain
For each water heater and/or vent
$10.79
Water service
$ 9,00
$ 9.00
Re-pipe per fixture
24
~b-1!
CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule D - Building - Plumbing Fees
UNITS FEE SCHEDULE
Remodel - No additional Square Footage
(continued)
For each lawn sprinkler system on anyone meter, including backflow
protection devices therefor
$13.19
Five (5) or more, each
$ 1.08
For atmospheric type vacuum breakerslbackflow not included in item 1
1 to 5
over 5 each additional
$10,79
$ 2.16
For each private sewage disposal system
$67.14
For each cesspool
$33,57
25
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CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1,2004
Schedule D
OTHER BUILDING INSPECTION FEES
Private Swimming Pools
For new private, residential, in-ground, swimming pools for
single-family and multi-family occupancies including a complete
system of necessary branch circuit wiring, bonding, grounding,
underwater lighting, water pumping and other similar electrical
equipment directly related to the operation of a swimming pool,
each including plan check and energy.
$540.00
For other types of swimming pools, therapeutic whirlpools,
spas and alterations to existing swimming pools, use the
UNIT FEE SCHEDULE
Temporary Power Service
For a temporary service power pole or pedestal including all
pole or pedestal-mounted receptacle outlets and appurtenances,
each.
$62.10
For a temporary distribution system and temporary lighting
and receptacle outlets for construction sites, decorative light,
Christmas tree sales lots, fireworks stands, etc. each,
$11.88
Inspection outside of the normal business hours
(minimum charge two hours)
$90.72/hr,
Inspection for which no fee is specifically established
(minimum charge one hour)
$68.04/hr.
Re-inspection - A fee may be assessed for each inspection or re-inspection
when such portion of work for which inspection is called is not complete
or when corrections called for ate not made.
$176.18
26
~ Þ - JD
CITY OF CUPERTINO
Resolution 04-291/April19, 2004
Fees Effective July 1,2004
Schedule E - Recreation
Recreation classes and excursion fees shall be determined as follows:
Classes
1. Determine the maximum hourly rate paid to instructor.
2, Multiply the instructor's hourly rate by the number of class meetings,
3, Determine the minimum number of participants and divide into the instructor's cost.
4. Add indirect overhead percent - 32%,
5. Add 20% to establish non-resident fee.
6. Add cost for specialized equipment or supplies,
Special conditions: For classes taught by contract instructors, the indirect overhead is only
added to the City's percentage,
Excursions
1. Transportation cost divided by the number of participants plus overhead transfer.
2. Add 20% to establish non-resident fee.
3. Add any admission cost, supplies or leadership cost.
Additional factors that mav be used to determine the class or excursion user fee:
The total number of participants in a given activity may generate additional revenue whereby
the total program cost may be reduced.
Classes that traditionally have waiting lists may have the user fee increased,
Programs in competition with adjacent cities or the private sector may require fees to be
increased or decreased to remain competitive.
27
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CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule E - Recreation
Facility Use Fee Schedule (Staff Use Only)
CLASSIFICATIONS: PrioritvofUse
Group I:
Group II:
Group III:
Group IV:
Group V:
Group VI:
City of Cupertino activities that are open to the public, Official city sponsored
programs,
Clubs with 51 % resident membership, recreation programs and events with full or
affiliated city co-sponsorship and open to the public,
Programs and events sponsored by Cupertino based non-profit recreation,
education or community service organization with 51 % resident participation,
These organizations must show an official structure and status.
Private, special interest or business groups for functions not open to the public,
These functions would include parties, banquets, receptions, industrial
conferences, seminars, trade shows, etc.
Programs and events sponsored by non-resident non-profit recreation, education
or community service organization, These organizations must show official
structure and status,
Cupertino Businesses using the Cupertino Room of the Quinlan Community
Center for promotional and business related purposes other than negotiation or
direct sale,
28
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CITY OF CUPERTINO
Resolution 04-291/ApriI19, 2004
Fees Effective July 1, 2004
Schedule E - Recreatiou
Quinlan Community Center
ROOM RENTAL SCHEDULE PER HOUR
Cupertino Room Mondav - Thursdav Fridav - Sunday
Group II N/A $17
Group III $30 $80
Group IV $140 $230
Group V $50 $140
Group VI $265 $265
Classroom
Group II N/A $12
Group III $20 $60
Group IV $45 $90
Group V $25 $75
Conference Room
Group II N/A $12
Group III $10 $25
Group IV $40 $60
Group V $25 $50
Securitv Staff
Security staff is required when alcohol is served at any City facility: $25.00 per hour.
Overtime Fee
Functions exceeding the permitted reservation time shall be charged $150,00 for any time up to the first
half hour, and $150,00 for every half hour thereafter. This charge will be deducted from the security
deposit. This applies to all City facilities.
Securitv Deposit
A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of
reservation. The Department Director may also require a deposit based on the nature of an event. The
security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits
conclude on time.
Quinlan Community Center
Cupertino Room - Groups IV, VI
All Other Rooms - Group IV
Group II, II, V - All Rooms
$750
$300
$300
29
&b-73
CITY OF CUPERTINO
Resolution 04.291/April 19, 2004
Fees Effective July 1,2004
Schedule E - Recreation
Monta Vista Recreation Center
Creekside Park Building
Room Rental Schedule Per Hour
Monta Vista Recreation Center
Creekside Park Building
Multi-Puroose
Group III
Group IV
Group V
N/A
N/A
N/A
N/A
N/A
N/A
Classroom
Group II
Group III
Group IV
Group V
$15
$15
$30
$20
$15
$15
$30
$20
Conference RoomlKitchen
Group II
Group III
Group IV
Group V
$15
$15
$25
$20
N/A
N/A
N/A
N/A
Securitv Staff
Security staff is required when alcohol is served at any City facility: $25.00 per hour.
Overtime Fee
Functions exceeding the permitted reservation time shall be charged $ 150,()() for any time up to the first
half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security
deposit. This applies to all City facilities.
Securitv DeDosit
A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of
reservation, The Department Director may also require a deposit based on the nature of an event. The
security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits
conclude on time,
30
~ b- lY
CITY OF CUPERTINO
Resolution 04-2911April 19,2004
Fees Effective July 1, 2004
Schedule E - Recreation
Senior Center
Room Rental Schedule Per Hour
Reception Room
Evenings and Weekends'
Group II
Group III
Group IV
Group V
$12
$80
$230
$140
Classroom. Conference Room. Arts & Crafts
Room. Bav Room
Group II
Group III
Group IV
Group V
$12
$60
$90
$75
'Senior Center rooms are not available for rental Monday through Thursday 8:00 a.m. to 10:00 p.m. and
Friday, 8:00 a,m, to 5:00 p.m.
Securitv Staff
Security staff is required when alcohol is served at any City facility: $25,00 per hour.
Overtime Fee
Functions exceeding the pennitted reservation time shall be charged $150.00 for any time up to the first
half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security
deposit. This applies to all City facilities.
Securitv Deposit
A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of
reservation, The Department Director may also require a deposit based on the nature of an event. The
security deposit will be refunded if no damage occurs, rooms are left in clean condition, and pennits
conclude on time.
Cupertino Senior Center
Reception Hall - Group IV
All Other Rooms - Group IV
Group II, III, V - All Rooms
$750
$300
$300
31
~l,-JS
CITY OF CUPERTINO
Resolution 04-291/April19, 2004
Fees Effective July 1, 2004
Schedule E - Recreation
OUTDOOR FACILITIES
Memorial Softball Field
Cupertino residentslbusinesses only
Non-Residents
Field can be reserved for a maximum of 2 hours
THERE IS NO FEE FOR CURRENT SOFTBALL TEAMS PLAYING
IN CUPERTINO LEAGUES
Field preparation
(includes dragging, watering, chalking, and bases)
Field Attendant (2 hour minimum)
Field Attendant is required any time lights or field preparation
is requested.
Lights (in the evening)
Memorial Park Amphitheater
Cupertino resident/Resident business
Non-resident/Non-resident business
Memorial Park Gazebo
Cupertino resident/Resident business
Non-resident/Non-resident business
Picnic Areas (Daily Rate)
Cupertino residents
Cupertino business
Non-residents
Non-resident business
Electricity at Memorial or Linda Vista Park
Sports Field Fees
Adult Leagues (two hour minimum)
Deposit
Youth Leagues
32
$25,00
$40.00
$36.50
$ 8.25/hr,
$ 5,OO/hr.
$55,00
$75.00
$55.00
$75,00
$ 55.00
$ 75.00
$ 80,00
$100.00
$ 25,00
$50.oo/hr
$600.00
$11.001
Participant/Season
~ b - J¿
CITY OF CUPERTINO
Resolution 04-291 April 19, 2004
Fees Effective July 1, 2004
Schedule E - Recreation
BLACKBERRY FARM PICNIC GROUNDS
General Admission:
ADULT (13 years and oyer)
CHILD (6 through 12)
Group Rates:
Weekends & Holidays
Weekdays
Resident
$8.00
Non-Resident
$9,00
Resident
$5.00
Non-Resident
$6.00
$5.00
$6.00
$4,00
Weekends & Holidays
Adult
(13 & Older)
100-500
persons $8.50
501-1,000 $8.00
1,001 or more $7.50
Full Summer Pass
Ayailable any day the park is open:
Adult (13 & Up)
Child (6 to 12 years old)
Family Pass (2 people)
Family Pass (3 people)
Family Pass (4 people)
Family Pass (5 people)
Family Pass (6 people)
Child
(6-12)
Weekdays
Adult Child
(13 & Older) (6-12)
$5.75 $4.75
$5.50 $4.50
$5.25 $4.25
$6.50
$6.00
$5,50
Resident Non-Resident
$85,00 $110.00
$60,00 $70.00
$140.00 $170,00
$150.00 $180.00
$160.00 $190.00
$170,00 $200.00
$180.00 $210.00
33
$5.00
wb-37
CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule E - Recreation
10-Day Pass
Available any 10 days the park is open:
Resident Non-Resident
Adult (13 and older) $40.00 $45,00
Child (6 to 12 years old) $32.50 $36.00
Children under 6 are free when accompanied by their parents
BLACKBERRY FARM GOLF COURSE
Weekends
Resident Non-Resident
9-Holes $13,00 $15,00
Junior & Senior N/A N/A
Second 9 Holes (all $11.00 $13.00
players)
Weekdays
Resident Non-Resident
$11.00 $13,00
$10.00 $12,00
$10.00 $12.00
All groups and tournaments pay the full rate (Cupertino resident still applies).
Staff is authorized to set merchandise fees according to current cost.
BLACKBERRY FARM RETREAT CENTER
Conference Room (9:00 a,m. to 5:00 p.m" with meals)
34
$69.95/person
G,~- 11
CITY OF CUPERTINO
Resolution 04.291/April19, 2004
Fees Effective July 1,2004
Schedule E - Recreation
BLACKBERRY FARM GOLF COURSE
Annual Rate (Weekdays Only) Adults (17-61) JrlSr
Cupertino Residents $850 $775
Non-Residents $1,000 $925
Semi-Annual Rate (Weekdays Only)
Cupertino Residents $455 $415
Non-Residents $540 $495
Super-Annual Rates (Good on Weekends &
Holidays)
Cupertino Residents $1,000 $1,000
Non-Residents $1,125 $1,125
Super-Semi Annual Rates (Good on Weekends &
Holidays)
Cupertino Residents $500 $500
Non-Residents $600 $600
Quick Passes (Ten-play card for the price of
nine)
Cupertino Resident Weekday $99 $90
Cupertino Resident Weekend $117 $117
Non-Resident Weekday $126 $108
Non-Resident Weekend $135 $135
Green Fees
Cupertino Resident Weekday $11 $10
Cupertino Resident Weekend $13 $13
Non-Resident Weekday $13 $12
Non-Resident Weekend $15 $15
35
~ b - 35
CITY OF CUPERTINO
Resolution 04-2911April 19,2004
Fees Effective July 1, 2004
Schedule E - Recreation
CUPERTINO SPORTS CENTER
Day Passes ~ Resident Non-Resident
$7.00 $10.00
Monthly Passes
One Month Single $55.00 $65,00
One Month Couple $75.00 $90.00
One Month Family $95,00 $115.00
Annual Passes
One Year Single $395,00 $425.00
One Year Couple $780.00 $850.00
One Year Family $875,00 $950.00
One Year Senior $350.00 $375.00
ADDITIONALCONDITIDNS
1. Annual fee for Juniors (17 years and younger) of $270.00 Resident, $300.00 Non-Resident.
2. Annual fee for seniors (62 years and older) of $350,00 Resident, $375,00 Non-Resident
3, The Cupertino Tennis Club will be charged $lO,oolhour during primetime and $6,oolhour per court
during non-primetime for all C.T.c. sponsored activities other than u.S,T.A. leagues and practices.
4. All competitors in c.T.C./U.S,T,A. leagues participating at the Sports Center must purchase an
annual pass.
5.
Individuals may purchase a ten pack of day passes, $60,00 Resident, $90,00 Non-Resident.
6.
Specials will be offered on an on-going basis.
CUPERTINO TEEN CENTER
Rental Rate
Deposit
$150,00
$750.00
Overtime Rate
$200.00 first hour
$100.00 each half hour after
Non-Resident Rate:
Daily use fee
Monthly pass
Annual pass
$3.00
$20.00/month
$200,oo/yr.
Child Watch Fees
One visit:
Ten visits:
One Month Pass:
$5.00
$45,00
$$100.00
36
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CITY OF CUPERTINO
Resolution 04-2911ApriI19, 2004
Fees Effective July 1, 2004
Schedule E - Recreation
Community Han
ROOM RENTAL SCHEDULE PER HOUR
Group II
Group III
Group IV
Group V
Group VI
Mondav - Thursdav
$40
$40
$150
$60
$275
Fridav - Sunday
$90
$90
$240
$150
$275
Securitv Staff
Security staff is required when alcohol is served at any City facility: $25,00 per hour.
Overtime Fee
Functions exceeding the permitted reservation time shall be charged $150,00 for any time up to the first
half hour, and $150.00 for every half hour thereafter, This charge will be deducted from the security
deposit. This applies to all City facilities,
Securitv Deposit
A security deposit shall be required for Groups Ill, IV, V, and VI. Security deposit is due at time of
reservation. The Department Director may also require a deposit based on the nature of an event. The
security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits
conclude on time,
Community Hall
Groups IV, VI
Groups ll, Ill, V
$750
$300
37
~b-L.f/
I F
CUPEIQ1NO
City Hal!
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No,Î
Meeting Date: April 19, 2004
SUBJECT AND ISSUE
Authorize the City Manager to finalize a contract for animal services with the city of San Jose,
BACKGROUND
The city of Cupertino was one of seven cities that formed the Silicon Valley Animal Control
Authority (SV ACA) to provide animal services in the areas of field, shelter and licensing.
During the past year, Sunnyvale and Cupertino decided to withdraw from SV ACA due to several
unresolved issues and concerns over upcoming shelter operating and construction costs. In
September of 2003, City Council directed staff to request proposals for animal services from
other providers and bring back recommendations for their consideration.
Cupertino received proposals from the cities of Sunnyvale/Palo Alto and the city of San Jose.
After review of all proposals staff recommended, and Council agreed, to continue negotiations
with the city of San Jose with the purpose of signing a long-term contract for animal services. In
the meantime, the cities of Saratoga and Los Gatos have also decided to contract with the city of
San Jose for animal services.
Attached to this staff report is the final draft of the proposed contract with the city of San Jose,
With the addition of the cities of Los Gatos and Saratoga, our annual cost for animal services for
the fiscal year 2004/05 will be $166,000. This will result in a savings of approximately $69,000
in the first year with cost containment language incorporated into the contract for the remaining
19 years of service, In addition, there will be a capital contribution to the animal shelter of
$500,000 to complete field and shelter infrastructure needs to accommodate our animals.
RECOMMENDATION
Staff recommends that the Council review the attached documents and authorize the City
Manager to finalize a contract for animal services with the city of San Jose,
Submitted by:
~4UM f1 ~
Carol A. Atwood
Director of Administrative Services
AP~ submission:
David W, Knapp
City Manager
Pdnled on Recycled Pape'
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ANIMAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE CITY OF CUPERTINO
This Animal Services Agreement ("AGREEMENT") is entered into this ----- day of
------- 2004, by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "CUPERTINO"), and the CITY OF SAN JOSE, a municipal corporation
(hereinafter "SAN JOSE"). CUPERTINO and SAN JOSE are hereinafter collectively
referred to as the "PARTIES."
RECITALS
WHEREAS, CUPERTINO desires to provide certain animal control services to its
residents and citizens; and
WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the
animal control services.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
AGREEMENT, the PARTIES hereby agree as follows:
SECTION 1.
SCOPE OF SERVICES.
SAN JOSE shall perform those services specified in detail in Exhibit A, entitled
"SCOPE OF SERVICES" ("Animal Services"), which is attached hereto and
incorporated herein.
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SECTION 2.
illM
The term of this AGREEMENT shall be from July 1, 2004 to June 30, 2024, inclusive.
SAN JOSE shall begin providing Animal Services pursuant to this AGREEMENT on
July 1, 2004,
SECTION 3.
CAPITAL CONTRIBUTION
Within thirty-five days of the execution of this AGREEMENT, CUPERTINO shall pay a
one-time capital contribution payment to SAN JOSE of Five Hundred Thousand Dollars
($500,000), The capital contribution is to be used toward the SAN JOSE'S new animal
shelter, a new animal control vehicle, and overhead costs related to the expansion of
the shelter facility. In the event CUPERTINO or SAN JOSE terminates the
AGREEMENT as specified under SECTION 12 of this AGREEMENT, SAN JOSE shall
refund CUPERTINO's capital contribution based on the following schedule for effective
date of termination and amount:
July 1, 2004 through June 30, 2005
July 1, 2005 through June 30,2006
$500,000
$400,000
$300,000
$200,000
July 1, 2006 through June 30, 2007
July 1, 2007 through June 30,2008
July 1, 2009 through June 30,2010
$100,000
If the effective date of the termination is after June 30,2010, no refund shall be paid by
SAN JOSE to CUPERTINO.
SECTION 4.
MONTHLY PAYMENT PROVISIONS.
A.
Payment Schedule
CUPERTINO shall make payments in equal monthiy installments for services provided
after execution of this AGREEMENT. All installment payments by CUPERTINO shall
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be due and payable on the first day of the month and shall be delinquent on the
fifteenth (15) business day thereafter without demand or notice to CUPERTINO, SAN
JOSE will provide CUPERTINO an invoice at least fifteen (15) calendar days prior to
the payment due date.
B.
Pavment Amounts
For Animal Services provided by SAN JOSE to CUPERTINO under this AGREEMENT,
CUPERTINO shall pay SAN JOSE compensation for the period of July 1, 2004 through
June 30, 2005 in accordance with Section 4.A, at the following base rate, to be
adjusted as described herein:
Field and Shelter Services
$166,000
The cost for Field and Shelter services will be based on the number of live domestic
animals impounded by SAN JOSE. This cost incorporates all administrative costs,
Medical Services, and Dead Animal Services, The PARTIES agree to estimate the
number of animals to be impounded at the beginning of each fiscal year. The
PARTIES also agree that any overages will be separately billed and any underages
separately rebated at the end of each fiscal year. Any adjustments during the Fiscal
Year 2004-2005 will be from the base rate of $166,000.
The compensation for Animal Services under this AGREEMENT shall adjust each fiscal
year. The PARTIES agree that the adjusted rate shall be based on the formula
detailed in Exhibit S, which is attached hereto and incorporated herein,
In the event SAN JOSE provides services to CUPERTINO prior to execution of this
AGREEMENT, CUPERTINO shall compensate SAN JOSE in accordance with the
terms set forth in SECTION 4 of this AGREEMENT.
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SECTION 5.
INSPECTION OF FINANCIAL BOOKS AND RECORDS.
During the term of this AGREEMENT, SAN JOSE shall keep Its financial books and
records directly pertaining to the provision of Animal Services under the AGREEMENT
open to inspection and audit by CUPERTINO or CUPERTINO's designated
representative(s), upon request of CUPERTINO, and during normal business hours.
Any audit of SAN JOSE's financial books and records conducted by CUPERTINO shall
be at the expense of CUPERTINO.
SECTION 6.
CONFIDENTIALITY.
SAN JOSE agrees that to the extent consistent with the California Public Records Act
and applicable California law, it shall maintain in confidence and shall not disclose to
any third party reports or other documents prepared in connection with the
performance of Animal Services under the AGREEMENT.
SECTION 7.
PROJECT MANAGER.
The PARTIES shall each designate a Project Manager through whom any necessary
review of the Animal Services performed under the AGREEMENT will occur.
SECTION 8.
INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between SAN JOSE and CUPERTINO pursuant to Government Code section
895.6, SAN JOSE and CUPERTINO agree that all losses or liabilities incurred by a
party shall not be shared pro rata as defined in Government Code section 895,6, but
instead SAN JOSE and CUPERTINO agree that pursuant to Government Code section
895.4, each of the PARTIES hereto shall fully indemnify and hold the other party, their
officers, board members, employees and agents, harmless from any claim, expense or
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cost, damage or liability imposed for injury (as defined by Government Code section
810.8) occurring by reason of and only to the extent of the negligent acts or omissions
or willful misconduct of the indemnifying party, its officers, board members, employees
or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer,
board member, employee or agent thereof shall be responsible to the extent any
damage or liability occurs by reason of the negligent acts or omissions or willful
misconduct of the other party hereto, its officers, board members, employees or
agents, under or in connection with or arising out of any work, authority or jurisdiction
delegated to such other parties under this AGREEMENT.
SECTION 9.
INDEPENDENT CONTRACTOR RELATIONSHIP.
This AGREEMENT shall in no way be construed to constitute SAN JOSE as the
partner, legal representative, or employee of CUPERTINO or CUPERTINO of SAN
JOSE for any purpose whatsoever, or as the agent of CUPERTINO or SAN JOSE, and
neither party shall act or attempt to act or represent itself directly or by implication as
having such status or relationship, The PARTIES shall have the relationship of
independent contractors, and except as specifically provided in this AGREEMENT,
each party shall be solely responsible for all obligations and liabilities pertaining to the
business, activities, and facilities of that party. As an independent contractor, the
PARTIES shall obtain no rights to retirement benefits or other benefits, which accrue,
to the PARTIES' respective employees, and the PARTIES hereby expressly waive any
claim either of them may have to any such rights.
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SECTION 10.
ASSIGNABILITY.
SAN JOSE and CUPERTINO acknowledge and agree that the expertise and
experience of SAN JOSE are material considerations inducing CUPERTINO to enter
into this AGREEMENT. CUPERTINO acknowledges and accepts that a portion of the
services provided under this AGREEMENT shall be provided by a handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors. Neither PARTY
shall assign or transfer any interest in this AGREEMENT, or the performance of any
obligations hereunder, other than those services provided by the handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors, without the prior
written consent of the other, and any attempt by either of the PARTIES to assign this
AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of
no effect.
SECTION 11.
NONDISCRIM INA TION.
Neither PARTY shall discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, actual or perceived gender identity,
disability, ethnicity, or national origin, in connection with or related to the performance
of this AGREEMENT
SECTION 12.
TERMINATION OF AGREEMENT.
A.
Termination
This AGREEMENT may be terminated earlier at any time:
1.
2.
Upon the written consent of both SAN JOSE and CUPERTINO:
By either SAN JOSE or CUPERTINO immediately upon notice to the other,
if the other breaches any material obligation under this AGREEMENT and
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such breach remains unremedied for at least thirty (30) days foiiowing
written notice thereof to the breaching party; or
3.
Upon at least one hundred eighty (180) days prior written notice by
CUPERTINO to SAN JOSE or SAN JOSE to CUPERTINO of that party's
desire to terminate this AGREEMENT. If CUPERTINO does not appropriate
the fuii amounts due to SAN JOSE under this AGREEMENT for any fiscal
year on or before June 30 of the year directly preceding the fiscal year for
which Animal Services are provided by SAN JOSE, then that action shall,
as of the same June 30, constitute the start of the 180-day notice of
termination of this AGREEMENT by CUPERTINO pursuant to this
SECTION,
B.
Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE's
obligation to provide Animai Services to CUPERTINO under this AGREEMENT shaii
cease, and CUPERTINO's obligation to make payments hereunder for periods of
time after the effective date of termination shall cease, provided that the PARTIES
shall have any and all remedies available under law for any breach of this
AGREEMENT. The PARTIES may also elect to negotiate a new agreement for the
provision of Animal Services at any time after the effective date of termination.
C.
Termination Costs
In the event CUPERTINO elects to terminate this AGREEMENT, SAN JOSE shaii
be reimbursed for stray animals that were sheltered for CUPERTINO but not paid
for prior to termination for a period of twelve (12) months from the date of
termination, The reimbursement will be at the rate per animal agreed upon by the
PARTIES for that fiscal year. SAN JOSE shall notify CUPERTINO of the number of
animals it shelters during the twelve (12) month period through and in a monthly
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report provided by SAN JOSE in the same format and manner as the monthly
impound report, CUPERTINO shall pay SAN JOSE for shelter services in
accordance with SECTION 4.A.
SECTION 13.
COMPLIANCE WITH LAWS.
Each PARTY shall comply with all applicable laws, ordinances, codes and regulations
of the federal, state and local governments.
SECTION 14.
GIFTS.
A.
CUPERTINO is familiar with SAN JOSE's prohibition against the acceptance of
any gifts by a SAN JOSE officer or designated employee, which prohibition is
B.
found in Chapter 12.08 of the San Jose Municipal Code,
CUPERTINO agrees not to offer any SAN JOSE officer or designated employee
C.
gifts prohibited by said Chapter.
The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a
material breach of the AGREEMENT by CUPERTINO. In addition to any other
remedies SAN JOSE may have in law or equity, SAN JOSE may terminate this
AGREEMENT for such breach as provided in Section 12.A.2 of this
AGREEMENT.
SECTION 15.
RETROACTIVE SERVICES PROVIDED.
It is understood and agreed that SAN JOSE may have provided services pursuant to
the provisions of this AGREEMENT, but prior to the execution of this AGREEMENT by
the PARTIES, in anticipation of this execution. CUPERTINO shall compensate SAN
JOSE for those services in accordance with the terms of this AGREEMENT. However,
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in no instance shall SAN JOSE be compensated under this AGREEMENT for work
performed for CUPERTINO prior to July 1, 2004,
SECTION 16.
INSURANCE.
SAN JOSE shall, at its own expense, maintain a program of self-insurance and/or
insurance as specified in EXHIBIT C "INSURANCE," which is attached hereto and
incorporated herein.
SECTION 17.
NOTICES AND INVOICES.
All notices and invoices required or permitted hereunder shall be deemed to have been
received when delivered in person or if mailed, on the third (3rd) business day after the
date on which mailed, postage prepaid, and addressed to each party as follows:
To SAN JOSE:
Director
San Jose Animal Care and Services
1821 lanker Road
San Jose, CA 95112
To CUPERTINO:
Director
Administrative Services Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
The PARTIES agree to notify each other in writing of any change in the address no
later than thirty (30) days prior to the change in location for receipt of notice,
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SECTION 18.
~.
In the event that suit shall be brought by either party to this AGREEMENT, the
PARTIES agree that venue shall be exclusively vested in the state courts of the State of
California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in
the United States District Court, Northern District of Caiifornia, San Jose, California.
SECTION 19.
GENERAL PROVISIONS.
A.
Entire AQreement
This AGREEMENT, including Exhibits A, B, and C constitute the entire agreement
between the PARTIES hereto relating to the subject matter hereof and supersedes all
prior and contemporaneous oral and written commitments, understandings and
agreements. No changes or modifications to this AGREEMENT shall be valid or
binding unless contained in a written amendment duly executed by the PARTIES.
B.
~
No delay or failure of either party to exercise or enforce at any time any right or
provision of this AGREEMENT shall be considered a waiver of such right or provision or
of such party's right thereafter to exercise or enforce each and every right and provision
of this AGREEMENT. In order to be valid, any waiver shall be in writing but need not
be supported by consideration. No single waiver shall constitute a continuing or
subsequent waiver. Neither the acceptance by CUPERTINO of the performance of any
work or services performed by SAN JOSE nor the acceptance of compensation by SAN
JOSE shall be deemed to be a waiver of any term or condition of this AGREEMENT.
C.
Interpretations
In construing or interpreting this AGREEMENT, the word "including" shall not be
limiting. The PARTIES agree that this AGREEMENT shall be fairly interpreted in
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accordance with its terms without any strict construction in favor of or against either
party.
D.
Invalid Provisions
If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in
full or in part, such provision shall be modified to the minimum extent necessary to
make it legal, valid, and enforceable, and the other provisions of this AGREEMENT
shall not be affected thereby,
E.
Further Documents
The PARTIES agree, upon request, to sign and deliver such other documents as may
be reasonably required to carry out the intent and provision of this AGREEMENT.
F.
California Law
This AGREEMENT shall be governed by and construed and enforced in accordance
with the laws of the State of California.
G.
Counterpart Execution
This AGREEMENT may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which shall constitute one and the same document.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of
---- day of -------, 2004.
"SAN JOSE"
APPROVED AS TO FORM:
CITY OF SAN JOSE, a municipal
corporation
-----------------------
By_____-----------------
PETER JENSEN
Assistant to the City Manager
ROSA L. TSONGTAATARII
Associate Deputy City Attorney
"CUPERTINO"
APPROVED AS TO FORM:
CITY OF CUPERTINO, a municipal
corporation
CHARLES KILIAN
City Attorney
By_____---------------
DAVID W. KNAPP
City Manager
--------------------
ATTEST:
--------------------------
KIMBERLY SMITH
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
SECTION 1.
SERVICES PROVIDED.
For the consideration set forth herein, SAN JOSE shall provide to CUPERTINO Field,
Licensing and Sheltering Services. These categories of service are collectively referred
to as "Animal Services," Calls for animal related services which are not provided by
SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agency of
CUPERTINO in writing or by electronic mail.
SECTION 2.
DEFINITIONS.
A.
"Critically sick or injured animals" means those animals that have life-
threatening conditions,
B.
"Dangerous Animals" means any wild, exotic, or venomous animal, or other
animal which because of its size, disposition or other characteristics, would
constitute a danger to persons or property as defined in Cupertino Municipal
Code.
C.
"Emergency Calls" means complaints of animal bites or attacks on humans or
domestic animals that are in progress, a high risk animal bite to human or
domestic animal, or, where a bite has occurred and the animal remains a threat
to humans or domestic animals.
D.
"Holidays" are New Years Day, Martin Luther King Day, President's Day, Caesar
Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day,
Christmas Day and New Years Eve Day.
"Dangerous Dog" or "Potentially Dangerous Dog" means a dog that has
attacked, without provocation, humans or other domestic animals or has
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threatened the safety of humans or domestic animals as defined in Cupertino
F.
Municipal Code,
"Wildlife" means any animal that is native to this region and recognized as an
indigenous species such as opossums, raccoons, skunks or squirrels.
SECTION 3.
FIELD SERVICES.
A.
FIELD SERVICES
SAN JOSE shall provide vehicles, communications equipment, hardware and software
requirements, office supplies, field and administrative personnel, and any other
personnel, supplies and equipment, reasonably required to perform the following
services (the "Field Services") upon a request or complaint from CUPERTINO or from a
person within the boundaries of CUPERTINO:
(1)
Pick up of confined stray dogs, cats and other small animals, including
but not limited to, rabbits, chickens, turkey, geese, birds and ducks, and
(2)
excluding Wildlife;
Pick up injured or sick stray dogs, cats, birds, and other small animals
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent;
Pickup of injured or sick Wildlife, and livestock;
(3)
(4)
(5)
Pick up dead animals in accordance with SECTION 5 of this Exhibit A;
Investigate complaints of animal bites or attacks on humans, including
the preparation of a report, interviewing the parties involved, quarantining
animals which have bitten humans, preparing and transporting biting
animals for rabies testing, and investigating alleged violations of a
quarantine order;
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244243.3
(10)
a) The investigation contemplated under this SECTION 3.A.5 may be
conducted by telephone when the owner and victim are the same
person. In all other cases, SAN JOSE will meet and conduct a
personal interview(s) with the owner in order to complete the
investigation and quarantine the animal as necessary;
(6)
Investigate and refer complaints of Dangerous Dog, Potentially
Dangerous Dog, and/or Dangerous Animals to the appropriate
enforcement agency of CUPERTINO for resolution. Investigations shall
include preparation of a report, interviewing the parties involved, and
collecting available historical data;
(7)
Respond to complaints of dogs running at large, attempt to capture them
and provide follow-up patrol if appropriate;
(8)
Respond to police assist calls on animal-related issues which may
include taking control of an animal at the direction of a police officer on
(9)
the scene;
Investigate complaints of activities criminal in nature, such as animal
cruelty, neglect and fighting including preparation of a report, interviewing
the parties involved, and collecting available historical data for referral to
the Santa Clara County District Attorney's Office. SAN JOSE shall
provide CUPERTINO a copy of the investigative packet and in each case
obtain CUPERTINO's decision and authorization to refer the case to the
Santa Clara County District Attorney's Office. If needed or appropriate,
SAN JOSE personnel shall appear for court proceedings at no additional
cost to CUPERTINO:
Investigate and refer complaints of animal abuse or neglect, under the
CUPERTINO Municipal Code, to the appropriate enforcement agency of
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CUPERTINO for resolution, Investigations shall include preparation of a
report, collecting available historical data, and may include interviewing
the parties involved;
(11)
Investigate and refer complaints of excessive animais, under the
Cupertino Municipal Code, to the appropriate enforcement agency of
CUPERTINO for resolution;
(12)
Respond to complaints in progress of domestic animals causing a
nuisance, except domestic animals making noise, and provide follow-up
patrol if appropriate. SAN JOSE may issue citations for certain nuisances
caused by domestic animals, as defined under and pursuant to authority
(13)
conferred by Cupertino Municipal Code; and
Respond to complaints of venomous or other dangerous snakes and bats
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent.
The PARTIES agree that during the course of administering field services, police
assistance may be necessary. Upon request from SAN JOSE, CUPERTINO shall
provide the police assistance necessary to administer said Field Services.
B.
RESPONSE TIME PERFORMANCE STANDARDS
SAN JOSE shall make all reasonable efforts to respond to complaints and requests
received by CUPERTINO or from persons within the boundaries of CUPERTINO at a
performance standard level that is no less than the following during normal business
hours:
(1)
PRIORITY 1 - Response to Emergency Calls; police assist; bites to
human and/or domestic animal from bats and skunks; at large Dangerous
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(3)
244243.3
or Potentially Dangerous Dog; at large quarantined animal; critically sick
or injured animal; and animals in distress.
a) Response shall be on a twenty-four (24) hours per day, seven (7)
days per week basis and shall be within one hour or less from the
time the call for service is received by SAN JOSE to the time SAN
(2)
JOSE's personnel arrive on scene,
PRIORITY 2 - Response to complaints of bites; animals on school
grounds; animals that pose a traffic hazard on the streets of
CUPERTINO; animals in traps; animals suffering from cruelty or neglect;
and confined strays.
a) Response shall be during normal business hours and shall be
within two business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within four business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
PRIORITY 3 - Response to any calls remaining from PRIORITY 1 and 2;
dead animal pick up; and dogs running at large,
a) Response shall be during normal business hours and shall be
within four business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within eight business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
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C.
RESPONSE AFTER BUSINESS HOURS
SAN JOSE shall respond to PRIORITY 1 calls during and after normal business hours,
twenty-four hours per day, seven days per week including Holidays. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 2 calls received after normal
business hours no later than 11 :00 a.m, the following business day. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 3 calls received after normal
business hours no later than 3 p,m. the following business day.
D.
EXCLUDED SERVICES
The following services are not included in the services provided by SAN JOSE under
this AGREEMENT:
(1) Removal and disposal of dead marine mammals;
(2) Pick up and transportation of uninjured or healthy, living Wildlife:
(3) Pick up animals for surrender at the owner's request except that SAN
JOSE may provide these services in SAN JOSE's discretion and
charge a fee to be paid by the owner separate and apart from this
AGREEMENT;
(4) Permitting or inspection of events with animals;
(5) Investigation of complaints that only relate to domestic animals or
Wildlife making noise.
SECTION 4.
SHELTER SERVICES.
A.
SHELTER SERVICES
SAN JOSE shall provide the shelter facilities, supplies, animal attendants, supervisors
and administrative personnel, and any other personnel, supplies and equipment,
reasonably required to perform the following services (the "Shelter Services"):
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(6)
B.
(1)
Shelter of abandoned, impounded, lost or stray domestic animals brought
to the shelter by CUPERTINO, its residents, or SAN JOSE personnel;
(2)
(3)
(4)
Quarantine of biting animals;
Rabies testing of suspect animals;
Provide facilities for surrender and reclaim of abandoned, lost or stray
domestic animals during established business hours;
(5)
Euthanization and disposal of abandoned, lost, impounded, or stray
domestic animals that are unclaimed by their owners and fail to meet the
written SAN JOSE temperament standards for adoption; and
Provision of animal license to dogs, or other animals to which licensing is
applicable, at the animal shelter,
MEDICAL SERVICES
As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and
professional and trained personnel, employed or under contract, reasonably necessary
(1)
to perform the following services (the "Medical Services"):
(2)
(3)
(4)
C.
Providing veterinarian services twenty-four (24) hours per day to treat and
provide veterinarian care to stray, injured, or sick dogs, cats, and other
impounded animals;
Monitor impounded quarantined biting animals;
Provide vaccination services; and
Have available, free of charge to the public, rabies control information.
OPERATING SCHEDULES
SAN JOSE shall also provide Shelter Services for the animals in the facility twenty-four
(24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract
provide emergency veterinary services and shall make animals available to the public in
accordance with state law.
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SECTION 5.
DEAD ANIMAL SERVICES.
SAN JOSE shall provide storage facilities, disposal mechanisms, field and
administrative personnel, and any other personnel, supplies and equipment reasonably
(1)
required to perform the following services (the "Dead Animal Services"):
(2)
(3)
(4)
(5)
(6)
SECTION 6.
A.
Pick up of dead animals, inciuding Wildlife, from the streets of
CUPERTINO, or from private property within CUPERTINO with the
consent of the property owner or the property owner's authorized agent;
Handle or refer dead deer and livestock to handler for dead deer and
livestock;
Identification of and notification to the owner of the dead animal,
whenever possible;
Scan each dead animal for microchip identification, if available; and
Disposal of the body of the dead animal; and
Provide the facilities for drop off of dead animals twenty-four (24) hours a
day, seven (7) days a week.
RECORDS REGARDING ANIMAL SERVICES.
MAINTENANCE OF RECORDS
SAN JOSE shall maintain accurate records regarding its performance of Animal
Services for a period of three (3) years from the date such records are created. Such
records shall inciude Shelter Services records regarding receipt, care, reclaim, and
disposition of owner surrendered, abandoned, impounded, lost or stray domestic
animals, inciuding names and addresses of persons reciaiming animals, Dead Animal
Services records regarding receipt and disposal of dead animals, and fees collected for
the CUPERTINO,
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B.
INSPECTION OF RECORDS
SAN JOSE shall make available for inspection by CUPERTINO or CUPERTINO'
designated representative(s) records regarding Animal Services under this
hours.
AGREEMENT, upon request of CUPERTINO during SAN JOSE's normal business
C.
MONTHL Y REPORT
SAN JOSE shall provide within 30 days of the end of each month, a monthly Animal
Control and Impound Report summarizing Field Services, Shelter Services, Licensing
Services, Medical Services and Dead Animal Services provided by SAN JOSE to
CUPERTINO. This report shall include, but not be limited to, the following information:
(2)
(3)
(4)
(5)
(6)
D.
(1)
Total number of calls for service, complaints relating to animal bites or
attacks, complaints relating to vicious or dangerous dogs, and other
activities;
Total number of licenses sold to CUPERTINO residents;
Number of incoming live animals, including Wildlife, brought to the
shelter (surrender and field);
Number of dead animals picked up by SAN JOSE and brought to the
shelter; and
Number and type of animals provided Medical Services along with a brief
description of service; and
YEARLY REPORT
Response time performance standard report for Priority 1 through 3 calls.
SAN JOSE shall complete and submit to the County of Santa Clara Public Health
Department the Annual Report of Local Rabies Control Activities for CUPERTINO. SAN
JOSE shall also provide an annual report of activities and accomplishments detailed in
SECTION 6.C of this Exhibit A to CUPERTINO.
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SECTION SEVEN.
PROGRAM REVENUE.
A.
FEES COLLECTED BY SAN JOSE
SAN JOSE shall collect fees, charges, and penalties (the "Program Fees") from the
public in connection with a portion of the Animal Services provided under this
AGREEMENT, including but not limited to items such as impound, quarantine, and
boarding fees, These Program Fees shall be at the rates established by SAN JOSE.
SAN JOSE shall provide the current rates to CUPERTINO before commencing services
under this AGREEMENT and shall continue to inform CUPERTINO of any changes in
the rates as such changes occur,
B.
PAYMENT OF PROGRAM FEES TO CUPERTINO
All Program Fees collected by SAN JOSE in connection with the Animal Services
provided to CUPERTINO, except fees collected for emergency veterinary services
which are paid to contract veterinary providers by SAN JOSE, shall be paid or credited
monthly by SAN JOSE to CUPERTINO by the fifteenth (15th) business day of the
month immediately following the month in which the Program Fees were collected.
C.
MONTHLY FEE STATEMENT
SAN JOSE shall provide to CUPERTINO with each monthly payment of Program Fees,
a statement of Program Fees collected that shows the total amount of Program Fees
collected and the total amounts collected in each fee category, such as impound,
quarantine and board fees.
D.
ANIMAL LICENSING FEES
SAN JOSE shall remit licensing fees paid for the licensing of dogs and cats residing in
CUPERTINO to CUPERTINO on a monthly basis, The licensing fees shall be at the
rates established by SAN JOSE. SAN JOSE shall provide the current rates to CUPERTINO
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before commencing services under this AGREEMENT and shall continue to inform CUPERTINO
of any changes in the rates as such changes occur.
SECTION EIGHT.
OTHER RESPONSIBILITIES.
A. ADMINISTRATIVE HEARINGS
SAN JOSE shall not be responsible for nor bear the costs of scheduling or conducting
any required hearings regarding Dangerous or Potentially Dangerous Dogs, or any
other matter subject to an administrative hearing. If needed or appropriate, SAN JOSE
personnel shall appear as a witness at any such hearing at no additional cost to
CUPERTINO.
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EXHIBIT B
FORMULA FOR COMPENSATION
CUPERTINO shall compensate SAN JOSE for Animal Services utilizing the Fiscal Year
2004-2005 base rate of $166,000 (hereinafter "Base Rate"). The Base Rate shall apply
to the first year of this Agreement (i.e. through June 30, 2005). Compensation for
Animal Services shall be adjusted once a year effective July 1 of the next fiscal year
(i.e, 2005, 2006, 2007 etc.). The PARTIES agree that each increase for Animal
Services shall be based on the percentage increase in total compensation provided to
all SAN JOSE animal control officers or the February to February Consumer Price
Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose,
CA (maintained by the Bureau of labor Statistics) (hereinafter "CPIU") plus 1.5% as set
forth in the Calculation Formula below, whichever is less,
Calculation Formula
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
"Total Compensation" refers to the amount SAN JOSE provides for total compensation
(salary and benefits) at top step for a 40-hour per week animal control officer, On July
1st of each fiscal year, the percentage change in Total Compensation will be derived
from the new Total Compensation amount divided by the Total Compensation effective
from July 1st of the prior fiscal year (e.g, Total Compensation Percentage Change
(Fiscal Year 2005 -2006) = (Total Compensation (Fiscal Year 2005-2006) I Total
Compensation (Fiscal Year 2004-2005) -1).
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The annual projected budget increase in contract costs shall be computed as
follows:
Fiscal Year 2004-2005 Base Year = $166,000
Fiscal Year 2005-2006 and thereafter = (Animal Services Compensation for Preceding
Fiscal Year) x (Percentage Change in Total Compensation for the previous fiscal year)
or (CPI-U for the previous fiscal year + 1.5%), whichever is less. In the event the
percentage change in CPIU for any given fiscal year is negative, the percentage
change in CPIU shall be deemed zero (0).
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EXHIBIT C
INSURANCE
SAN JOSE represents and warrants that, at SAN JOSE'S sole cost and
expense, it will maintain for the duration of this AGREEMENT self-insurance against
claims for injuries to persons or damages to property which may arise from, or in
connection with, the performance of the services hereunder by SAN JOSE, its agents,
representatives, employees or subcontractors.
A.
B,
244243.3
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1.
The coverage described in Insurance Services Office Form Number GL
0002 (Ed. 01/96) covering Commercial General Liability together with
Insurance Services Office Form Number GL 0404 covering Broad Form
Comprehensive General Liability; or that described in Insurance Services
Office Commercial General Liability coverage ("occurrence") Form
Number CG 0001 (Ed. 01/96); and
2,
The coverage described in Insurance Services Office Form Number CA
0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or
Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also
include Code 8 "hired autos" and Code 9 "non-owned autos"; and
3.
Workers' Compensation insurance as required by the California Labor
Code and Employers Liability insurance; and
4.
Professional Liability Errors and Omissions, when applicable.
Minimum Limits of Insurance
SAN JOSE self-insurance maintained limits no less than:
1,
Commercial General Liability: $1,000,000 per occurrence for bodily
injury,
personal injury and property damage; and
2.
Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage; and
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3,
Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the California labor and Employers
Liability limits of $1,000,000 per accident; and
4.
Professional Liability Errors and Omissions $1,000,000 Aggregate Limit,
C,
Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1.
Commercial General Liability and Automobile Liability Coverages
a. SAN JOSE self-insured coverage shall apply to CUPERTINO, its
officers, employees, agents and contractors as respects: Liability arising out of
activities performed by or on behalf of, SAN JOSE; products and completed operations
of SAN JOSE; premises owned, leased or used by SAN JOSE; and automobiles
owned, leased, hired or borrowed by SAN JOSE. Said self-insurance shall apply fully
to any indemnity for CUPERTINO, its officers, employees, agents and contractors,
b, SAN JOSE's insurance coverage shall be primary insurance as
respects CUPERTINO, its officers, employees, agents and contractors. Any insurance
or self-insurance maintained by CUPERTINO, its officers, employees, agents or
contractors shall be excess of SAN JOSE's self-insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies by
SAN JOSE shall not affect coverage provided CUPERTINO, its officers, employees,
agents, or contractors.
d. Coverage shall state that SAN JOSE's self-insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
D.
Verification of Coverage
SAN JOSE shall furnish CUPERTINO with Affidavit of insurance affecting coverage
required by this AGREEMENT at the time of contracting and upon expiration of each
certificate.
E.
Subcontractors
SAN JOSE shall obtain separate certificates and endorsements for each subcontractor
and furnish CUPERTINO with a copy of the certificates and endorsements at the time
of contracting or expiration of each certificate.
244243.3
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CUPElQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDAITEM~
AGENDA DATE April 19.2004
SUBJECT AND ISSUE
Review of bid and award of the contract for Furnishing and Installing Uninterrupted Power
Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals at
Various Locations, Project No. 03-9547, which will provide for the installation of battery back
up systems (BBS) at 22 major traffic signal locations within the City, to Republic Electric in the
amount of $ 188, I 00.00, and approval of a construction contingency of $ 11,900.00 to cover any
unforeseen work required to complete the project, for a total of $ 200,000,00.
BACKGROUND
In June 2002, the City of Cupertino applied for a grant from the California Energy Commission
(CEC) to procure battery backup systems for up to 25 major intersections in the City. Under the
terms of the grant, the CEC would commit 56% of up to $66,700.00 in reimbursable project
costs for 25 intersections. Fortunately, the City was awarded the maximum grant amount of
$37,352.00 to apply toward BBS at 25 intersections, The City will have the responsibility to
provide matching funds equivalent to the remaining 44% of the reimbursable amount.
The reimbursable cost on which the grant is based represents only a portion of the $200,000.00
estimated total cost, including contingency, of installing BBS at 25 intersections. The CEC
formula is based upon battery backup technology that will support flashing red light mode when
power is interrupted at a traffic signal. The formula does not include the cost of installation,
which includes modification of existing traffic signal controller cabinets, or the currently
available backup systems that allow traffic signals to operate in full mode when power is
interrupted. The City project will install the full mode systems.
Because the one responsive bid received for the project exceeds the $200,000 available for the
project, the number of intersections to be outfitted with BBS must be reduced if the City wishes
to award the project and maintain the grant, Reducing the number of intersections involved in
the project from 25 to 22 will reduce the reimbursable costs on which the CEC grant is based,
reducing the grant amount to $ 32,890.00. But the bulk of the maximum grant amount will be
maintained, and the City will be able to make maximum use of the resources available. In order
to stay within the available budget and maintain the CEC grant to the fullest extent, Staff
recommends reducing the number of intersections form 25 to 22.
Pdnted on Recycled Pape'
f-I
The City received the following bid for the BBS project:
Bidder
Bid Base
Republic Electric
$213,750
FISCAL IMPACT
The action requested would require expenditure from the approved Capital Improvements
Program Account No. 420-9547, Traffic Signal Battery Power Backup System, in the amount of
$ 188,100.00 and approval of an additional contingency amount of $ 11,900.00 for unforeseen
additional work that may be required to complete the project.
STAFF RECOMMENDATION
That the City Council award the project contract for Furnishing and Installing Uninterrupted
Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals at
Various Locations, Project No. 03-9547, to Republic Electric in the amount of $188,100.00,
wlllch will provide for the installation of battery back up systems (BBS) at 22 major traffic signal
locations within the City, and approve of a construction contingency of $ 11,900.00 to cover any
unforeseen work required to complete the project, for a total of $ 200,000.00.
C:¡b~ ~~~,~~,
.,.~ Ralph A. Qualls, Jr.
City Manager
~"bmi~i""'
David W. Knapp
City Manager
¡-~
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
I F
CUPEIQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
9
AGENDA DATE April 19. 2004
SUBJECT AND ISSUE
Adoption of Resolution No. 04-~, authorizing the Director of Public Works to negotiate and
execute an amendment to the Access Agreement between the City and Mr. Tom McNair.
BACKGROUND
Mr. McNair received approval from the Planning Commission on February 8, 1999, to construct a
new residence on his parcel at 22261 McClellan Road. Because nearly the entire parcel is
characterized by a steep slope, the authorization to build the house required approval of a hillside
exception to build on a slope greater than 30 percent. After considering an appeal of the Planning
Commission approval of the project, the City Council approved the project on May 3, 1999.
Subsequently, the Planning Commission approved a request to extend its approvals on May 30,
2001.
Since the steep slope of the site makes construction access difficult, the City decided to grant Mr.
McNair a temporary right to cross adjoining City-owned land, known as the Simms' property, so
that he could proceed with construction. On March 18,2002, the City Council adopted Resolution
No. 02-246, authorizing the City Manager to negotiate and execute an access agreement between
the City and Mr. Tom McNair. An access agreement was executed on March 26, 2002, and
subsequently extended through September 10, 2004. The attached April 6, 2004, letter provides a
further summary of the sequence of events regarding Mr. McNair's project and its current status.
Shown on the attached map is the route that the access agreement permits Mr. McNair to use. The
agreement allows access across the City property from Scenic Boulevard and precludes access from
McClellan Road in order to minimize interference with the current rental use of that portion of the
property. As called for by the agreement, Mr. McNair installed a temporary fence to enforce the
access restriction from McClellan Road. The agreement also makes Mr. McNair responsible for
repairing any damage to the City property that occurs during this temporary use.
Printed on Recycled Paper
1-1
No doubt because of the steepness of his parcel, Mr. McNair employed the expedient of staging the
construction of his house from the City property, although the current agreement with the City
grants him access rights only. The City reminded him that his agreement with the City was for
access only, and directed him to remove materials and equipment that had been stored on City land
to facilitate his construction (see attached letters of March 9 and April I, 2004). Although staff's
inspections have indicated that he has taken action to follow our directive, it nevertheless appears
likely that Mr. McNair will find it necessary to continue to stage his project from City land to some
extent, so that he will have to amend his agreement with the City. Doing so will make him subject
to conditions in addition to the existing agreement condition that he repair damage he has done to
the City land he has used.
Staff believes that the existing agreement condition calling for Mr. McNair to repair damage done
to the City land he has used for access envisions, at the very least, his removing any foreign
materials introduced during his use of the area, returning disturbed areas to original grade, making
those areas suitable for revegetation, and implementation of a revegetation plan that effectively
replaces the vegetation that was removed or disturbed by Mr. McNair's use of the area.
An amendment to the existing agreement that allows additional uses of the City land, such as
construction staging and storage of materials and equipment on City property, and takes notice of
such additional uses that Mr. McNair has already employed in violation of the original agreement
should, in staff's opinion, include additional conditions associated with the previous and continued
use of the City land. Those conditions should include Mr. McNair implementing a revegetation
plan that includes species appropriate to the area, as determined by appropriate professionals. Any
expense required to meet the additional conditions will be Mr. McNair's responsibility. The
amendment should include provisions for assuring that the work is accomplished.
Although, as mentioned in the attached April 6, 2004, letter, the City determined that neither Mr.
McNair's project, nor his use of City land for access required a Santa Clara Valley Water District
permit, the Water District has indicated that it would like the City to require Mr. McNair to acquire
a Water District permit for the restoration of the area. This requirement should be included in the
amendment's additional conditions.
FISCAL IMPACT
There is no fiscal impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 04- 2 ~ g ,Authorizing the Director
of Public Works to negotiate and execute an amendment to the Access Agreement between the City
and Mr. Tom McNair.
Submitted by:
~ ""T. Dlt.
f~ Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
FiÞI
David W. Knapp
City Manager
2
1-2-
DRAFT
RESOLUTION NO. 04-298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN AMENDMENT TO AN ACCESS AGREEMENT
BETWEEN THOMAS MCNAIR AND THE CITY OF CUPERTINO
WHEREAS, the City Council did, on March 18, 2002, authorize the City Manager to
execute an agreement for temporary access over City owned land to unimproved property
located at 22261 McClellan Road for the purpose of construction on the unimproved land; and
WHEREAS, it has become necessary to amend the agreement executed pursuant to that
authorization in order to allow additional temporary construction-related uses of the City owned
property,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the City Manager to negotiate and execute said amendment to the 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 19th day of April 2004, by the following vote:
Vote
Members 2.fthe Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
q-3
City HaD
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CITY F
CUPEIQ1NO
PUBliC WORKS DEPARTMENT
Ralph A. Qualls, Jr ~ Director
April 6, 2004
Ms. Deborah Jamison
21346 Rumford Drive
Cupertino, CA 95014
Subject: Use of City Property by McNair Single Family Dwelling Project at 22261
McClellan Road (APN 357-04-067)
Dear Ms. Jamison:
This responds to several inquiries that the City has received from you on the above subject.
I have been asked to respond on behalf of the City.
In order to help present a full, unified picture of the sequence of events regarding Mr.
McNair's project and where it stands today, it would seem to be useful to address all
pertinent issues that you have raised in your various commumcations with City officials in
this single response
Following is a summary of each of those issues with a factual response on each from the City.
1. Why did the City approve the McNair project at 22261 McClellan Road?
On November 9, 1998, Mr. McNair submitted an application to the City for construction of a
single family dwelling on the parcel at 22261 McClellan Road. Since the parcel was zoned
R-1, the application required approval of a hillside exception to place a new structure on
slopes exceeding 30%, as well as approval of variances for height and setback.
The Planning Commission approved the project, that approval was appealed to the City
Council, the project was revised., and the revised project was approved by the Council.
During the City Council's consideration of the appeal of the Planning Commission's
approval, the City Attorney stated that denying use of the property for a home would have
legal consequences for the City, since the analyses of the site required by the public approval
process had shown it to be developable. The public approvals took into consideration the
proximity of the City owned parcels.
Attached is a chronology of the public reviews and considerations of the project that resulted
in the eventual City Council approval of Mr. McNair's project on May 3,1999, and pursuant
actions.
Prinf.d on R.cycJ.d P.p.r
Cj-L{
2. Doesn't the City property adjoining the McNair parcel have reserve status?
No, it does not and has not had such status during any time that the City has owned the
property. Orclinance No. 710, An Ordinance of the City of Cupertino Amending Chapter
13.04 of the Cupertino Municipal Code to Provide for Nature and/or Rural Preserve, was
enacted on January 5, 1976, before the City acquired the Simms property. Although
McClellan Ranch Park was designated a Nature and Rural Preserve by Ordinance No. 710 at
the time it was enacted, Chapter 13.04 of the Municipal Code has never been amended to
designate the Simms property as a nature and/or rural preserve.
3. Why, then, was the Simms parcels acquired?
The Cupertino General Plan identifies the property as a desirable acquisition for park
purposes. However, the property is zoned R-l and has been used for transitional housing in
the interim. There is an existing two-year lease on the rental property for that purpose. The
park master plan has yet to address the boundaries of a preserve.
4. Wasn't Santa Clara Valley Water District (SCVWD) approval required?
Again, the answer is no, a SCVWD permit was not required. At the time City building
permits were issued for the McNair project, it was determined by the City Engineer that
according to the criteria and provisions of the District's Watershed Protection Ordinance
(WPO) a permit is not required for the project. The project is not within the established flood
plain of Stevens Creek nor does any of the activity near the flood plain require a permit from
the District under the District Ordinance.
5. Why did the City grant access over City property to the McNair project site?
On March 18, 2002, the City Council authorized the City Manager to enter into an agreement
with Mr. McNair for access to his project site across City land from Scenic Circle. Not only
was the access necessary from a practical standpoint for Mr. McNair to proceed with his
project, but the City also wished to preclude access across the Simms property ttom
McClellan Road to his project site and interference with the current rental use of that
property. Thus, the City imposed a requirement on Mr. McNair that he install a fence that
would separate the activities of his project from the use of the Simms house. Having
approved construction of a home, the City is precluded from making it impractical, if not
impossible, to build on this site.
The City was also concerned about the stability of the bank below McClellan Road when it
was learned that Mr. McNair had made little progress on his project for a considerable period
of time after having stripped and graded the slope below the road. The City's geotechnical
consultant recommended that slope-stabilizing measures be taken if the foundation work of
the project were not going to proceed in a timely fasliion. The City informed Mr. McNair
that he would have to stabilize the slope one way or the other, in the interest of protection of
McClellan Road. .
q-š
In order to proceed with the work on the slope, Mr. McNair required access over City
property from Scenic Circle. And, as explained above, the City had no interest in obstructing
Mr. McNair's ability to stabilize the slope below the McClellan Road, which could be
accomplished by his proceeding with his project with all haste, especially considering the
approaching wet season at that time.
Mr. McNair executed an agreement with the City for access over City land from Scenic
Circle that requires him to return the area to the condition in which he found it. He could not
have nsed that access without placing rock along the old haul road to allow transport of
material and equipment.
The City was also concerned that Mr. McNair's construction activities not cause turbid, or
sediment-bearing, water to reach the adjoining Stevens Creek and so required him to employ
appropriate preventative measures. The City is satisfied, based on its observations and
inspections of the site, that adequate measures have been employed and no turbid waters from
construction activities have reached or would reach the adjoining Stevens Creek.
6. What is being done by the City about Mr. McNair's use of the City property over
which he has access rights for staging his construction?
In both a March 9, 2004 letter, and a subsequent April 1, 2004 letter to Mr. McNair (a copy
of both letters is attached), the City reminded him that his agreement with the City was for
access only, and requires him to remove the trash and materials that you have noted and
documented from the City land.
Our recent inspections have indicated that he has taken action to follow our directive.
Nevertheless, it appears likely that he will find it necessary to continue to stage his project
from City land, so that he will have to amend his agreement with the City. Doing so may
make him subject to additional conditions.
That being said, the City fully expects Mr. McNair to fuliill his obligation under the
agreement with the City to return the area over which he has access to the condition in which
he found it. The City will continue to monitor Mr. McNair's project and his use of City land,
and will take appropriate actions to condition further use, including specifications for the
repair of the area, as well as the planting mix for re-vegetation.
Please note that any amendment to the agreement would require City Council approval, at
which time you would have an opportunity to speak to the Council on this matter.
q-(p
7. Where will the permanent vehicular access to Mr. McNair's parcel be?
The approved driveway to access is at the southwest end of the parcel on its McClellan Road
frontage. There is no access from the lower part or the access road at the Simms house.
You maybe assured that the City shall continue to monitor MI. McNair's activities and make
sure that he fulfills his obligations under his agreement with the City. If you have any further
questions or concerns, please contact Assistant Public Works Director Glenn Goepfert at
(408) 777-3244.
Smcercl~ .
~~~v'-
Director of Public Works
Attachments
cc: Honorable Mayor and City Council
David Knapp, City Manager
Therese Ambrosi Smith, Director, Parks and Recreation Department
Rhoda Fry
c¿-7
Summary of Public Approval
On January 11, 1999, the application went before the Planning Commission. It was noted
that the McClenan Ranch Task Force had expressed general satisfaction with the project
design and sensitivity to the environment. It was also noted that the Parks and Recreation
Commission felt that impacts of the project could be mitigated. Questions raised
regarding access, parking, drainage, and house size caused the Planning Commission to
continue consideration of the application to its February 8,1999, meeting.
The Planning Commission approved the project, including the hillside exception, the
height and setback variances, as well as a variance to allow four parking spaces.
On March 1, 1999, the City Council heard an appeal of the project approval submitted by
then-Mayor Wally Dean. The appeal was based on the following three points.
1.
Road safety/garage access. A traffic study was presented that indicated that
the proposed location for access to the site from McClellan road is safe.
2.
Parks and Recreation activities on the adjacent site. It was noted at the
meeting that the McNair project was not expected to prevent The City from
proceeding with its plans for its adjacent property. It was further noted that
the McNair project was reviewed by the Environmental Review Committee,
the McClellan Ranch Task Force, and twice by the Parks and Recreation
Commission, and that all three groups had reco=ended approval.
3.
Floor area ratio (FAR). Some Council members felt the coverage of the lot
was a bit excessive.
In further discussion, the City Attorney stated that denying use of the property for a home
would have legal consequences for the City, since analysis of the site had shown that it is
developable.
The Council requested that staff submit an emergency moratorium on all new homes or
remodels on slopes exceeding 30% on R-l zoned parcels, with the residential hillside
guidelines to apply.
The Council granted the appeal and denied the exceptions for the project and asked the
applicant to return with a proposal including reduced floor area and a greater rear yard
setback.
On May 3, 1999, the Council approved the project revised per its previous direction.
In the ensuing period, Mr. McNair experienced sufficient delays that an extension of the
project approval became necessary. On May 30, 2001, the Planning Commission granted
an extension of the project approval.
c¡-f
Summary of Public Approval ( cont.)
On May 31, 2001, Mr. McNair applied for a buiJdingpermit pursuant to the approval. In
the period thereafter Mr. McNair graded the site, but apparently experienced further
delays, and so applied for an additional extension of the project approval on May 3,2002.
The City Attorney determined, however, that the prior grading effectuated the prior
approvals and an extension was not necessary.
?-CJ
City Hall
10300 Torre Avenue
Cupertino, CA 9S()14-31SS
(408) 777-3354
FAX (408) 777-3333
CUPERJINO
PUBUC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
April I, 2004
Mr. Tom McNair
460 Lotus Lane
Mountain View, CA 94043
Subject: Use of City Property for Cons1ruction Staging
Dear Mr. McNair:
The City's inspection of your construction site at 22261 McClellan Road (APN 357-04-
067) indicates that you have taken steps to remove trash that had accumulated and
equipment and materials that were being stored from City land., pursuant to our March 9,
2004, letter on the subject. However, it appears that you will still find it impractical to
stage your construction from your own parcel, so you will needto amend your existing
agreement with the City to include the uses beyond the simple access presently allowed
by the agreement.
As you are aware, your present agreement requires you to restore the City property you
have used to its origina1 state. Per the March 9 letter, an amendment to the agreement
that allows additional uses of the City land will include additional conditions of use. The
additional conditions will include standards for restoring the City land that has been used.,
including specifications for a revegetating seed mix.
Please contact me at (408) 777-3244 as soon as possible concerning the amendment and
an updated project schedule.
rrðY' ~J. r
~{7\~\
Assistant Director of Public Works
Copy to: Ralph Qualls, Director, Public Works
Therese Ambrosi Smith, Director, Parks and Recreation Department
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CUPEIUINO
PUBLIC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
March 9, 2004
Mr. Tom McNair
460 Lotus Lane
Mountain View, CA 94043
Subject: Use of City Property for Construction Staging
Dear Mr. McNair:
As you are aware, your agreement with the City for access over City property to the
construction site at 22261 McClellan Road (APN 357-04-067) is for the right of en1ry
only. However, it appears that your construction forces are also using the City property
for storage of construction materials and as a porta-potty site. In addition, your
construction forces have allowed trash to accumulate on the City property adjacent to the
construction site.
You must immediately take the steps necessary to remove the trash and all equipment and
materials that are being stored on City property. If you find it impractical to stage your
construction fÌ'Om your own parcel, you may need to amend the existing agreement with
the City. As Public Works had previously reminded you, your present agreement requires
you to restore the City property you have used to its original state. An amendment to the
agreement that allows additional uses of the City land will likely include additional
conditions of use.
Please contact me at (408) 777-3244 as soon as possible concemingthis matter and your
schedule for ta1ång the necessary actions. The City would also like to. see anupdated
project schedule.
~õy, flu/..+-
~~
Assistant Director of Public Works
Copy to: Ralph Qualls, Director, Public Works
Therese Ambrosi Smith, Director, Parks and Recreation Department
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Cupertino. CA 95014-3255
Telephone: (408) 777-3220
FAX: (408) 777-3109
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CUPEIQ1NO
OFFlCE OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. /0
Agenda Date: April 19, 2004
SUBJECT AND ISSUE
Accept report regarding current and future expected benefit payments of the City's retiree
healthcare plan.
BACKGROUND
In February 2003, the Governmental Accounting Standards Board (GASB) issued an
exposure draft concerning the accounting and reporting requirements for public entities'
Other (than pensions) Post-Employment Benefit (OPEB) plans. Public sector employers
typically have funded OPEB on a pay-as-you-go basis, but the GASB has proposed that
employers be required to accrue expense for OPEB as benefits are earned by employees.
This shift in funding practice will have significant impact on many public agencies'
financial statements, particularly where a large retiree-to-active employee ratio exists.
The City of Cupertino provides lifetime medical benefits to eligible employees upon
retirement. The cost of this benefit, administered by the California Public Employees'
Retirement System (CaIPERS) has increased as the number of retirees, and the cost of
health care plans, have grown. Currently, the cost of retiree medical insurance premiums
is recognized as an expenditure when the premiums are paid. That cost (approximately
$35 thousand per month) constitutes over one-third of all health premiums paid by the
City. In anticipation of a GASB requirement to advance-fund these benefits, the Finance
Department commissioned an actuarial study to determine the outstanding liability
resulting from the City's post-employment benefit package. The study was performed by
Bartel Associates' John Bartel, a member of the national GASB task force that is
developing accounting standards for OPEB.
Actuarial Components:
In order to replace the current pay-as-you-go accounting with accrual accounting for
retiree medical benefits, the City must determine the plan's Annual Required
Contribution (ARC). The ARC has two distinct components - (1) the Normal Cost,
which represents the portion of the present value of projected benefits expected to be
earned in the coming year, plus (2) a contribution to the unfunded liability incurred by the
plan since its inception. The actuarially determined Normal Cost at June 30, 2003 is
$756 thousand. The actuarial Accrued Liability is $15.7 million.
P,inted on Recycled Pape,
(6-1
It should be noted that, included in the assumptions for this actuarial analysis is a change
in the service requirement for retirees to be eligible for lifetime medical benefits. For
employees hired on or after July 1, 2004, plan vesting will increase from a 5 year
requirement to a 10-20 years vesting schedule.
FISCAL IMPACT
The actuarial analysis of the retiree healthcare plan is an important part of the City's total
financial picture. It was pursued prior to the GASB OPEB standard being finalized
because of the substantial implications for Cupertino's budgeting and cash flow planning.
Retiree medical insurance premium payments for the past five fiscal years ended June 30
were as follows:
1999
2000
2001
2002
2003
$183,330
244,824
299,054
346,202
427,312
Premium payments have been the only retiree healthcare plan costs recorded and reported
by the City in the past. Obviously, the true annual cost (Normal Cost) of the plan, now
calculated at $756 thousand, greatly exceeds the cost reported. And the large unfunded
liability for the present value of benefits already earned represents an additional annual
cost. If the unfunded actuarial accrued liability is amortized over 20 years, this amounts
to another $897 thousand annually. With an Annual Required Contribution of $1.65
million (the normal cost plus an amortization of the unfunded liability), as opposed to the
estimated $521 thousand budgeted cost (retiree premium payments) for 2003/04, a $1.1
million budget adjustment is indicated. And the higher costs will continue until the
accrued liability is fully funded (20 years in the above calculations.) As reflected in the
chart on the following page, once the liability is funded, the Annual OPEB Cost (AOC)
will decrease as the City resumes paying only the Normal Cost of the plan.
The GASB is certain to allow quite a bit of discretion in determining the level of
contribution an agency will use to fund its OPEB liability. However, an agency has not
"made" the contribution unless it has been set aside and cannot legally be used for any
other purpose. For the City, this would require the establishment of a separate reserve.
Interest earnings on the reserve would be used to offset the annual required contribution.
In addition, the GASB will probably require OPEB actuarial valuations at least
triennially.
(D-2
30 Ve.. P"'lectinn
$5,000
$4,000 ---------- --------
$3,000
$2,000
$1,000
$-
2004
2009
2014
2019
2024
2029
2034
I ~O","G,~,B.".f"P"",,",,
~AOC I
The biggest issue in GASB's forthcoming statement will be the requirement that agencies
disclose unfunded OPEB liabilities in financial statement footnotes, and require a
schedule of funding progress, Consequently, unfunded liabilities in relation to payroll or
budget will become key for bond rating agencies. By addressing this issue prior to the
effective date of the final GASB statement, the City can be prepared with a policy and
funding mechanism to deal with the long-term liability in a fiscally prudent manner.
RECOMMENDATION:
Staff recommends that Council accept this report regarding current and future expected
benefit payments of the City's retiree health care plan.
In addition, Staff will be discussing the establishment of a reserve for its retiree
healthcare plan, and incorporating the actuarially determined Normal Cost of the plan into
the annual operating budget beginning with fiscal year 2004-05 at the Budget Study
Session of May 26th, This will allow recognition of the current true costs of providing the
benefit as the employees earn it. The City should also determine a level of future funding
so as to reduce the plan's large unfunded liability.
Submitted by:
Approved for submission:
rJ:! ;/!::r ~~
Finance Manager
~j(
David W. Knapp
City Manager
10- 3
EXHIBITS
BEGIN
HERE
Therese Ambrosi Smith
""'XHIBI----- Page 1 of2
. l~i~41
~ tl ,-dI1/0Y.
From: SBC Tom McNair [tommcnair@sbcglobaLnet]
Sent: Saturday, April 17, 2004 12:16 PM
To: Sandra James; Patrick Kwok; Richard Lowenthal; Dolly Sandoval; Kris Wang
Cc: Logan and Powell; Therese Ambrosi Smith; Ralph Qualls; Glenn Goepfert
Subject: McNair Construction Access Agreement
Dear Honorable Mayor and City Coul1cil Members,
Given the recent hysteria regarding the construction access to my land, I feel compelled to present a factual
response to the issue. (
I first purchased the land located at 22261 McClellan Road in January, 1996 with the intent of buiiding a home for
my wife and two children. I immediately began working with the City in order to develop a design solution that
would meet our needs while still being sensitive to the park environment and its users. After nearly three years of
working with various City staff members, I submitted an appiication to the planning commission which was
eventually approved. This approval was appeaied by then Mayor Wally Dean and taken to City Council, at which
time a moratorium was issued and revisions were required. On May 3,1999, the discretionary review portion of
my project was finally approved by the City CounciL
I know that some of you were serving on the City Council and the Planning Commission at the time this project
was up for review. As you may recall, the issue of construction access and staging was thoroughiy discussed.
The consensus opinion was that these activities should take place from the area presently being used. The only
aiternative is to use the street access on McClellan or Mira Vista Roads, both of which wouid have a far greater
impact on the health, safety and welfare of the citizens of Cupertino.
In July, 2001, I began the grading and site development work on the project. On July 27,2001, I was told by City
staff that a formal construction access agreement wouid be required and that all work must cease until the issue
was resolved. On August 2, 2001, I wrote a letter to the Director of Public Works (see attached) officially
requesting access to my property via the existing gravel driveway serving the Simms House at 22241 McClellan
Road. This letter aiso included a request for temporary parking, stockpiling and storage of construction materials
and equipment.
In March of 2002, a formal agreement was prepared by the City reinstating my development permit and granting
access via Scenic Circle instead of McClellan Road. Although I believe that my access from Scenic Circle is
guaranteed via Alma Way (as shown on the original subdivision map created in 1917), I agreed to this request in
the spirit of cooperation with the understanding that I would be responsible for any damage done to the roadway.
In my haste to execute the agreement and move on with my project, I did not notice that the two key provisions of
my request dealing with parking and stockpiling had been dropped from the final document.
Other delays, including a nuisance lawsuit filed by my neighbor, a divorce, a serious title issue affecting my
access rights across the street frontages, and difficulty in obtaining a building permit, all conspired to delay the
start of construction until November, 2003.
Once construction began, I was operating under the belief that parking, stockpiling and storage of materials was
permitted. It was not untii March 9 of this year that I was notified by the City of the violation, at which time I took
immediate steps to address the problem. I was also informed that I would be required to apply for an amendment
to the access agreement, and that additional conditions of use would be demanded.
I feel it is important the understand the history and use of the area in question. As I mentioned earlier, the access
road that I am using was created in 1917 as recorded in Book P of Maps, Page 19 in the office of the Santa Clara
County Recorder. This use was reaffirmed on the parcel map created for the purchase of the Simms property by
the City of Cupertino as recorded in Book 611 of Maps, Page 24, and notes the effect of "a private easement for
road purposes in favor of all the owners of lots shown on the Map of Monta Vista Park... over that portion
4/19/04
",oom"",,"y ~~ w.y'. ,.m'81M
There is evidence of the area being used as a haul road and a county maintenance facility and storage yard. I
have an aerial photograph which I will bring to the hearing showing this building and the heavy machinery and
equipment which surrounds it. Also, the Sanitary District has easement rights over this land which grants them the
right to excavate for, install, replace, maintain and use sewage pipe lines (Book 6300 Official Records Page 19
and Book 6144 Official Records Page 539). Their trucks regularly access this land for these purposes. City
maintenance crews dump wood chips and cuttings in this area. And I have been told by City officials that the fire
department has access rights for emergency ingress and egress. None of these pre-existing or current uses is
compatible with or supports the claim of use as a nature reserve.
Page 2 of 2
So what have I done to the land? At the request of the City, I have placed gravel along Alma Way from Scenic
Circle to my land. This was done to prevent mud from being transferred to the street. I believe that this is
consistent with the historical use as a road and should be viewed as an improvement, not damage.
The vehicles that have been parked on City land have matted down some of the grasses and weeds that would
normally be present. This is the same vegetation that the City plows up throughout the park every year.
The majority of materials that I have stockpiled or stored are directly adjacent to my property or are in fact on my
property. This is an area that the City developed as a fenced playground for the previous tenants of the Simms
House, complete with swings and climbing structures. Once it was discovered that this area was partially on my
property, the City removed it, at which time the tenants began using the area for parking their vehicles.
Lastly, I have removed large amounts of trash and debris that were left over from previous uses or were illegally
dumped when the residents of the Simms House moved out. This includes chain link fencing, chicken wire,
planters boxes, wire and cabling, conduit, piping, toys, carpeting, bicycle parts, lumber, automobile parts and
miscellaneous trash deposited by park patrons.
To date, I have not seen any documented "damage" to City land as a result of my use. This does not mean that I
am insensitive to the concerns being raised. On the contrary, it is in my best interest to not only restore the area
to its prior condition, but to rnake it better than I found it. I believe I have taken the first steps to achieve this.
However, before more can be done, the City needs to provide some direction as to the future use of this land. It
is certain that traffic by City service vehicles wili continue long after my use has ended. And it would be pointless
to revegitate an area that may be torn up for construction of a new bike path.
I have spoken with the Director of Public Works, the Director of Parks and Recreation, and the City Naturalist to
express my desire to work with them and to determine a reasonabie approach going forward. This does not
include using my project as a springboard to fund activist's pet projects. At this time, however, it does not appear
that a clear direction has been established by the City. Therefore, I would ask the Council to grant authority to the
Director of Public Works and/or the Director of Parks and Recreation to amend the original construction access
agreement as more information becomes available.
Thank you for your thoughtful consideration of this matter. I trust that rational minds will prevaiL Please feel free
to contact me at any time if you have questions or would like to see the various maps, documents or photographs
that I have referred to. I can be reached on my cell phone at (408) 691-3117 or by email at
tommcnairC1j)sbcglobal.net
4/19/04
August 2,2001
Mr. Ralph Qualls, Jr.
Public Works Director, City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014-3255
Dear Ralph,
As you may be aware, I was recently contacted by a code enforcement official regarding
my use of City owned land located at 22241 McClellan Road. He questioned my right to
use this land, and referred the issue to Jason Chou for resolution. Jason indicated that I
need to formally request permission for this purpose.
I believe that permission for use of the land has already been granted as part of the City
Council's approval of the project. However, should this not be sufficient, I hereby
request temporary use of the City owned land located at 22241 McClellan Road for a
period of one year from today. The use is requested for the following purposes:
1. Access for construction vehicles and equipment to my construction site
located at 22261 McClellan Road.
Parking for construction workers vehicles during construction hours.
Temporary stockpiling and/or storage of construction materials and
equipment.
Clearly, it is in the best interest of the City to grant this request. Otherwise, I will be
forced to attempt access to the site from McClellan Road at the hairpin turn. Since there
is no curbside parking in this area, 1 would be required to close the sidewalk and one lane
of traffic, leaving only one lane available for traffic in both directions. This will cause
major traffic delays, prevent pedestrian access, and pose a substantial risk to both my
workers and the general public. In addition, worker's vehicles would need to be parked
in front of the neighbors' property on Mira Vista Avenue, which will certainly trigger
complaints.
It is important to note that the issue of construction access was thoroughly addressed
during the design review process with both the planning commission and city council.
The consensus opinion was that access must take place from the city owned land, for the
reasons stated above. I believe their approval of the project includes permission to use
the City land for construction purposes.
In consideration of the benefit to the City, I also request that any fee now required for use
of the land be limited to one dollar. I believe this is warranted given the options
2.
3.
City of Cupertino
2
available. I agree to pay for any damage to the gravel driveway that may be incurred as a
result of this use.
Lastly, time is of the essence. I have exposed vertical cuts of up to twenty feet high, and
it is imperative that I am allowed to continue with the foundation work and retaining
walls that are required to permanently support the hill. We can not afford to wait months
while this issue is resolved.
As always, thank you for your attention to this matter. Please give me a call if you have
any questions.
Best Wishes,
Thomas M. McNair
Architect, C17916
Deborah Jamison
21346 Rumford Drive
Cupertino, CA 95014
408-725-0424 voice/fax
e-mail: ddjamison@comcast.net
Ct Lf(¡r~«
exH- r tIT
:rt~ ~'1
Apri112, 2004
Cupertino City Council
City Hall
10300 Torre Avenue
Cupertino, CA 95014
Dear Mayor James and City Council Members:
re: McNair Construction site on McClellan Ranch
I first brought this destructive and disallowed use of McClellan Ranch, west side (aka
Simms property), to the attention of the Parks and Recreation staff and Commission in
February. At both the February and March P & R Commission meetings, I described
the situation and showed photographs of the impacts on vegetation, the former site of
a native plant restoration project, denial of public access to the property, potential
danger to the public in this publicly accessible city parkland, and how close to the creek
these activities were. Some of the issues and questions that I urge you to pursue during
the public hearing and discussion of this issue are:
HISTORY
The Simms property was added to McClellan Ranch preserve after it was purchased by
the City. It came under the management of the Parks and Recreation Department, and
specifically the staff of McClellan Ranch preserve: the City Naturalist and the Caretaker.
The attached lease between the City and Innovative Housing, July 19, 1993, clearly
identifies the Simms House as being located McClellan Ranch. It says, in part:
A Resolution of the City Council of the City of Cupertino Authorizing Execution of Lease and
Caretaker Agreement for Simms House in McClellan Ranch Park
Whereas, there has been presented to the City Council an agreement between the City of Cupertino
and Innovative Housing, Inc. for lease of the property located at 22241 McClellan Road, McClellan
Ranch Park, City of Cupertino, County of Santa Clara, State of California, commonly know [sic] as
the 'Simms House';.....
Lease and Caretaker Agreement for Simms House in McClellan Ranch Park
13. CARETAKER DUTIES: As Caretaker(s) of the BUILDING and the surrounding grounds,
Tenant(s) promise to do the following:
(a) obtain training from the City's Naturalist and become familíar with the McClellan Ranch
park rules and Chapter 13 of the Cupertino Municipal Code, which governs the use of parks and
buildings of City.....
(c) keep the access gate open during daylight hours and closed at all other times;
(d) report incidents such as park misuse and vandalism, and any emergencies such as burgarlies
(sic) to the McClellan Ranch Caretaker
There are other city documents that make it clear that the Simms property is part of
McClellan Ranch and is afforded the same protections.
The City Naturalist did perform these training sessions, the tenants were accustomed to
having residents walk through the property, and the land, while not greatly improved,
was looked after and not mistreated. The City Naturalist also initiated a native plant
revegetation project using volunteer work crews. This project involved removing
invasive alien plants and reseeding with carefully collected seeds from native plants at
McClellan Ranch. The early results have been encouraging and exciting. Unfortunately,
this project has been destroyed by the construction trucks.
1. How was McClellan Ranch, a nature and rural preserve, which is publicly accessible
parkland and very close to Stevens Creek, permitted to be used by a private developer
to access his land, and by whom?
2. Did this decision making process represent good interdepartmental communications
and understandings of the nature and status of this city owned property? Are there any
procedural or policy deficiencies that could be improved to better protect this sensitive
riparian environment?
3. Would a similar use permit been granted had the private property been adjacent to a
city athletic field, playground, or picnic area, but just as impossibJe to build a house on
without use of the city property?
PRESENT
A great deal of the vegetation from the fence line at Scenic Circle to the area in the rear
of the Simms house has been destroyed. This was a mixture of nonnative grasses,
naturalized nonnative herbs, and native herbs, including some wildflowers that occur
no where else at McClellan Ranch.
Residents are discouraged because of the appearance of the land as a construction site,
and because of a fence separating the construction site from the south end of the
property, from walking along the creek. Public access is effectively denied. It is not
actually denied however, which presents a liability hazard for the city.
1. Will Mr. McNair be permitted to continue to use this property for staging, storage,
vehicle access and parking (including overnight and weekends), without recompense to
the city for use of the land? He has been using it as such since at ]east January I believe.
2. Will this use have a time limit, escalating fees, penalties for use after a deadline?
3. Will a bond be required to make certain that whatever monetary compensation the
city requires is assured?
4. Have the current residents of the Simms house been informed and trained by the
City Naturalist concerning their caretaker role of this area of McClellan Ranch, as
previous tenants were?
FUTURE
The access road was a narrow footpath surrounded by mixed herbaceous vegetation.
The construction site was an area of mixed vegetation, open land, and an ongoing
restoration project that was showing progress. Most of it is now buried under a thick
layer of large, angular gravel, well embedded into the soil by the pressure of trucks'
weight, or destroyed under tire tracks and mud.
A month ago Glenn Goepfert told me that Mr. McNair would be required to return the
property to the way he found it, which meant to him, reseeding with "grass," which I
feared meant nonnative annual turf grasses. In a recent conversation with Mr. McNair,
when I mentioned that reseeding with annual grasses would not be desirable or
appropriate in a riparian corridor that was part of a nature preserve and which the city
was interested in restoring to a riparian ecosystem, he mentioned wildflower seed
mixes that can be purchased. This would also be inappropriate.
1. Will Mr. McNair be required to fund a professionally planned, scientifically based,
riparian revegetation project by an expert(s) in habitat restoration?
2. Will this project commence in the fall when planting is optimal?
3. Will the creek and creek side be better protected now and especially during the rainy
months should the project continue to use the city property into the fall and winter?
4. Will the Public Works Dept. or the Parks and Recreation Dept. oversee the native
plant restoration?
These are the concerns and questions that I have and would appreciate your attention
to them in your consideration of an amendment to Mr. McNair's use agreement to use
a part of McClellan Ranch for his construction project.
Thank you very much,
~
Deborah Jamlson
RESOLUTION NO. 8933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF LEASE AND
CARETAKER AGREEMENT FOR SIMMS HOUSE IN
MCCLELLAN RANCH PARK
WHEREAS, there has been presented to the City Council an agreement between
the City of Cupertino and Innovative Housing, Inc. for lease of the property located at
22241 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara,
State of California, commonly know as the "Simms House"; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the Director of Community
Development;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager 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 19th day of July , 1993 by the following vote:
Vote
Members 2f the Q!y Council
AYES:
NOES:
ABSENT:
ABSTAlN:
Dean, Goldman, Koppel, Sorensen, Szabo
None
None
None
AITEST:
APPROVED:
Is 1 Roberta Wolfe
Deputy City Clerk
Is I Nick Szabo
Mayor, City of Cupertino
CITY OF CUPERTINO
LEASE AND CARETAKER AGREEMENT
FOR SIMMS HOUSE IN McCLELLAN RANCH PARK
This Lease and Caretnker Agreement ("AGREEMENT') is made by and between Ibe City of Cupertino
("CITY") and Innovative Housing. Inc. ("LESSEE").
The building to be leased by this AGREEMENT is commonly known as the "Simms House", and more
particularly described as 22241 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara.
Stale of California, ("lbe "BUILDING").
This AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY
on the condition Ibat (1) the residents of the BUILDING qualify under Ibe State of California and Federal Income
Limits of very-low and low-income persons. and (2) Ibat LESSEE is responsible for Caretaking duties of the
BUILDING site as set forth in, Ibe tenus of this AGREEMENT.
CITY AND LESSEE AGREE AS FOLLOWS:
]. LEASE TERM' THE LEASE OF THE building shall commence on August I, 1993 and end three years
laler, on July 31,1996 at which time Ibe lease may be renegotiated after evaluation by Ibe CITY.
2. EIiliI:. Rent shall be $900.00 Per Monlb payable in advance on the I51b day of each calendar monlb.
LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention: Finance Director, Room
101. In Ibe event rent is not paid within 10 days after Ibe due date, rent is deemed late and delinquent and a late
charge of $20.00 plus interest at Ibe rate of 10% per annum on Ibe delinquent amount shall be assessed. LESSEE
furlber agrees to pay $20.00 for each dishonored bank check.
3. SECURITY DEPOSIT' A security deposit in the amount of $225.00, not applicable toward the last
month's renla! payment, shall be due and payable on the 15th day of July, 1993.
4. IITILITIES: LESSEE shall be responsible for the payment of an utility biIls applicable to the
BUILDING during Ibe tenn of Ibis leases.
5. TFNANTS' LESSEE shall be responsible for screening prospective tenants and assuring Ibat each
tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very-low and low
income. Further, LESSEE, will give preference to persons who live, work, and go to school or have families in the
City of Cupertino. Guests shan not be allowed to stay in the BUILDING more than five (5) days wilbout ftrst
obtaining the written consent of CITY.
6. SUBLETTING AND ASSIGNMENr: LESSEE shan not assign, sublet or transfer this lease or any
portion thereof. Any attempt to assign, sublet. or transfer shall be void and shall grant CITY grounds for tenninating
this lease.
7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity
Requirements, as set forth in Exhibit "B', attached hereto and incorporated herein by this reference.
8. ANIMALS: No animal or other pet (except for properly trained dogs needed for tlie blind, deaf or
physically handicapped persons). shall be kept on or about Ibe premises without the prior written consent of CITY.
9. ORDINANCES AND STATlITES' Tenant(s) shall comply with Cupertino's Municipal Code and
all State and Federal S t.atutes and Ordinances now in force, or which hereafter be in force, pertaining to the use of
the BUILDING and McClellan Ranch Park.
10. MAINTENANCE AND REPAIRS: Tenant(s) shall, at their own expense, maintain the BUILDING
in a clean and sanitary manner, including all equipmen~ appliances. and furnishings therein and shall surrender the
BUILDING. upon the lennination of this AGREEMENT, in as good condition as received, except for nonnal wear
and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family.
invitees or guests. Tenant(s) shall not paint, paper or make altcrations to the BUILDING without prior written
consent from CITY. Tenant(s) shall maintain any surrounding grounds, which are part of the BUILDING site and
are for the exclusive use of Tenant(s), including any lawn, ground cover, and shrubbery and keep such grounds clear
of rubbish and weeds. the lawn or other ground cover may be located within a fenced area, not to exceed 30 feet by
30 feet. behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the
surrounding park environment.
II. INDEMNlFICA TION' CITY shall not be liable for any damage or injury to Tenant(s), or any other
person, or to any property, occurring in the BUILDING or on any part of the BUILDING site, and Tenant(s) agree to
hold CITY hannless from any claims for damages, unless such damage is the proximate result of negligence or
unlawful conduct of CITY. ils agents or employees.
.u.. ENTRY AND INSPECTION' CITY shall have the right to enter the BUILDING, during noma I
business hours upon a 24 hour prior notice to Tenant(s). to inspect. make necessary or agreed on repairs or
alterations. supply necessary or agreed on services or to provide access for necessary or agreed on service people or
contractors.
13. CARETAKER DUTIES'
Tenant(s) promise to do the following:
As Caretaker(s) of the BUILDING and the surrounding grounds.
(a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and
Chapter 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of CITY. Periodically
check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the
above referenced regulations found by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached
hereto as Exhibit "C");
(b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any
extended period of time;
(c) keep the access gate open during daylight hours and closed at all other times;
(d) report incidents, such as park misuse and vandalism, and any emergencies such as burgarlies to the
McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable, contact the Sheriffs office. In the
event the Sheriff's office is involved. report the incident to the Director of Parks and Recreation. (CITY will furnish
LESSEE with a list of contact numbers prior to occupancy of the BUILDING.)
14. REl1JRN OF KEYS' Upon temination of this AGREEMENT. the keys to the BUILDING, including
all duplicated sets, are to be hand delivered to CITY'S Parks and Recreation Director or an authorized
representative.
15. HOLDING OVER' Any holding over after the expiration of the lease tem. with the written consent
of CITY. shall be construed as a Month-to-Month tenancy in accordance with the tenus of this AGREEMENT, until
eimer party teminates me tenancy by giving the other party thirty (30) days written notice delivered by certified
mail.
16. GROUNDS FOR TERMINATION' CITY retains the right to terminate this AGREEMENT upon
any breach by LESSEE and/or Tenant(s) of any material tem, provision, covenant or condition contàin herein.
17. SEVERABILITY' If any tenn, provision, covenant or condition of this AGREEMENT is held by a
court to be invalid, void or unenforceable, the rest of the AGREEMENT shall remain in full force and effect and
shall in no way be affected, impaired or invalidated.
18.
right.
~
The failure of CITY to exercise any right hereunder shall not constitute waiver of such
19. ARBITRATION: In the event any dispute arises between CITY and LESSEE and/or Tenant(s)
regarding their respective rights and obligations under this AGREEMENT, such dispute shall be submitted to
binding arbitration.
20. ATTORNEY'S FEES' If legal action is commenced to enforce or to declare the effect of any provision
of this AGREEMENT, the prevailing party shall be awarded attorney's fees and costs incurred in such action.
21.
TIME;.
Time is of the essence of this AGREEMENT.
22. EXHIBITS: All exhibits hereto, specifically Exhibit "A" Project Proposal Cover Page, Exhibit "B"
Insurance and Indemnify Requirements with Certificate of Insurance, and Exhibit "C" Chapter 13 of Cupertino's
Municipal Code are incorporated herein and made part of this AGREEMENT by this reference.
23. ENTIRE AGREEMENT: This AGREEMENT, consisting of four (4) pages, constitutes the entire
AGREEMENT and supersedes any prior agreement between the parties hereto.
LESSEE has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
this_day of , 1993.
By:
EXECUTIVE DIRECfOR, Innovative Housing, Inc.
CITY has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
lhis_dayofJuly, 1993.
By:
DON BROWN, City Manager
,.'
Attested By:
CITY CLERK
Approved as to Fonn:
CITY ATTORNEY
Attachments:
Exhibit A - Project Proposal Cover Page
Exhibit B - Insurance and Indemnity Requirements
Exhibit C - Cupertino Municipal Code. Chapter 13
Tt~ 4f-~
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Monday, April 19,2004
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EX[
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Mayor Sandy James and Council Members
City of Cupertino
10300 Torre Avenue
Cupertino; California 95014
Re: McNair Property
Dear Mayor James,
On behalf of the Santa Clara Valley Audubon Society, I wish to convey a couple concerns and
suggestions regarding construction on the McNair property as it relates to Stevens Creek and McClellan
Ranch. I recently attended the Parks Department meeting about this, and I thought the discussion that'
night was constructive. I hope the.council takes the suggestions ofthe Parks commissioners and crafts a
path forward that works for all concerned.
'of course our primary concerns about the McNair site involve possible negative impacts to
Stevens Creek, both in terms of water quality and habitat. The steep slope of this property, and its
proximity to the creek, necessitate an agreement between the City and Mr. McNair which clearly spells
out the expectations of how the construction staging area will avoid further impacts to the creek. It is
natural for construction crews not to have creek protection foremost in their minds, so the message to the
lead contractor should be clear in its expectations. These should include proximity to the creek pf
construction equipment and materials, and proper disposal of all forms of waste products.
Beyond the potential impacts during construction, there remains the issue of how to remediate the
site after construction is complete. I do notthink that this should be left to Mr. McNair. . Riparian
restoration is not an easy task and should be left to a consultant or governmental entity with the proper
motivation to see that the task is done well. Since the Water District is currently working on restoration
plans for the creek from McClellan Road to Stevens Creek Boulevard, the most logical approach might be
to ask Mr. McNair to fund a small portion of that project, equivalent to the area ofdisturbance.
The City should also consider. negotiating with Mr. McNair a fair amount for access to City
property during the course of construction. As I mèntioned to the Parks Commission, the City is. in a
good bargaining position here, as it appears that Mi. McNair would have tröuble finishing construction
without using this portion of the Ranch. I might suggest that a monthly fee for use of the site might also
provide an incentive to get the job done expeditiously, thus minimizing the time ofdisturbance to the
wildlife along the creek.
Finally, I hope the Council provides direction to staff on how to clarify the boundaries of
McClellan Ranch. We certainly hope that the Council believes that both the Simms property and the
orchard lands should be part of the Ranch, as most people assume. This seems to accord with history.
Thank you for considering our input.fi~/¿~.t:-..~
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e-mail: scvas@scvas.org .' . www.scvas.org
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CITY OF
CUPEIQ1NO
. Office of the City Attorney
10320 S. DeAnza Blvd., #1D
Cupertino, CA 95014
Ph: (408) 777-3403
Fax: (408) 777-3401
Charles T. Kilian
City Attorney
Eileen H. Murray
Assistant City Attorney
April 15,2004
Honorable Mayor and Members
of the City Council
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re:
City Participation in Ballot Measure Campaigns
Dear Mayor and City Council:
Mayor James has requested a general outline of the dos and don'ts
related to the city's participation in the upcoming campaign regarding the three
initiative petitions currently being circulated. Rather than writing a standard
legal opinion, I offer the following series of questions and answers which
hopefully will deal with most of the issues.
USE OF CITY RESOURCES TO SUPPORT OR OPPOSE BALLOT MEASURES
1.) May the city analyze the effect of ballot measures on the city and
publicize the information?
Yes, cities may use public resources to objectively evaluate a ballot
measure's impact on municipal government. The results of such fair and
objective analysis may then be made available to the newspapers, advocacy
groups and others, who may make use of the information if they choose.
2.) May the city contribute public funds to ballot measure campaigns
which have already qualified for the ballot?
The Honorable Mayor and
Members of the City Council
April15,2004
Page 2
No, the courts have determined that allowing government to "take sides"
in ballot measure campaigns gives one side an unfair advantage which might
distort the electoral process. Also, using public money to support a given
position on a ballot measure may result in a taxpayer's money being used to
support a position with which the taxpayer does not agree. This kind of "forced
speech" may run afoul of the first amendment.
3.) May the city use city staff, equipment and supplies to generate
promotional materials on behalf of ballot measures which have already qualified
for the ballot?
No, this approach suffers from the same infirmity as contributing public
money to a ballot measure campaign; it uses public resources to give one side
an unfair advantage in the campaign.
4.) What is the difference between impermissible "promotional" and
permissible "informational" material?
There is no hard and fast rule for judging whether a communication is
promotional rather than informational. Material which exhorts voters to "vote
yes" is, of course, promotional; however, documents which do not contain such
exhortations may nonetheless be considered promotional. Some of the factors
courts look at in determining whether a publication is a "fair presentation of the
facts" are the publication's style, tenor and timing. Presenting all sides of an
issue demonstrates fairness.
The standard is a strict one: the publication must be purely informational
to pass legal muster and the Fair Political Practices Commission has recently
indicated an inclination to come down hard on public agencies it believes are
engaged in efforts to subtly influence voters. When in doubt, leave any
questionable language out.
5.) Maya city council pass a resolution supporting or opposing a ballot
measure? May this resolution urge people to vote a given way on a ballot
measure?
The simple decision to go on record in support of a ballot measure has
been held to be a permissible expenditure of public resources. The decision
should be made at a regular council meeting which is open to the public and
hence is open to the expression of citizens' views.
The Honorable Mayor and
Members of the City Council
April15,2004
Page 3
INDIVIDUAL COUNCIL MEMBERS
1.) Mayan individual elected official take a position on a ballot measure?
Yes, a public official does not give up his or her first amendment rights to
speak out on governmental matters upon being elected to office. Moreover, a
council may not take punitive action against a council member who expresses a
view during a council meeting. However, an elected official should not use city
resources to "campaign" for or against a given ballot measure.
2.) Mayan elected official contribute his or her campaign funds to qualify,
support or oppose a measure for the ballot or support or oppose a qualified
initiative?
Yes, an elected official may use his or her campaign funds to qualify,
support or oppose a ballot measure. This includes contributions to ballot
campaign committees controlled by another candidate. Such contributions must
be reasonably related to a political, legislative or governmental purpose.
However, there may be federal income tax implications associated with
using campaign funds in this manner. Candidate campaign funds are tax-
exempt under Internal Revenue Code Section 527 only when used for "exempt
functions." Such purposes are generally limited to expenditures for a candidate
to get elected or for officeholder purposes once a candidate is elected.
3.) How should such contributions from campaign funds be reported?
The FPPC says the recipient of the funds (the ballot measure campaign
committee) should report the receipt of funds as contributions received; the local
elected official's campaign committee should report the contribution as an
expenditure made.
4.) Maya city council member raise money as an intermediary for a ballot
measure campaign?
According to the FPPC, a local elected official may act as an intermediary
for a ballot measure's fund raising efforts in the same manner and subject to the
same obligations and requirements as any other individual. The official may
even serve as an intermediary for making contributions to a ballot measure
committee controlled by a candidate.
5.) Are there any other restrictions in the Political Reform Act that might
restrict a local elected official's participation in ballot measure campaigns?
The Honorable Mayor and
Members of the City Council
April 15,2004
Page 4
The FPPC notes that a local elected official who also serves as an
appointed, voting member of another agency (e.g., a Local Agency Formation
Commission (LAFCO) special district board, joint powers authority or regional
planning agency) may, under certain circumstances, be prohibited from
accepting, soliciting or directing contributions on behalf of a ballot measure
committee.
EMPLOYEE ACTIVITIES
1.) Maya city employee support or oppose ballot measures?
Like an elected official, a public employee does not give up his or her
constitutional rights upon joining a public agency. This fact is reflected in
Government Code Section 3207, which says that, with certain exceptions, no
restrictions may be placed on the political activities of public employees.
Public employees should not, of course, use public resources (including
their time on the job) to advocate a particular position on a ballot measure.
2.) Maya city employee ask his or her fellow public employees for
contributions to a ballot measure campaign?
Under Government Code Sections 3205 and 3209, local public
employees may not solicit contributions from their fellow employees unless:
a) The solicitation is made to a significant segment of the public in which
the fellow employees are included; or
b) The funds are solicited to promote or defeat a ballot measure affecting
the rate of pay, working hours, retirement, civil service or other working
conditions.
Although the code sections do not specify, such solicitation should not
occur on city time or use city resources.
3.) Maya city employee wear his or her uniform when engaging in
political activities after hours?
No, this is specifically prohibited by Government Code Section 3206.
The Honorable Mayor and
Members of the City Council
April15,2004
Page 5
4.) Maya city employee respond to a request for information on a public
agency's analysis of or position on a ballot measure?
Yes, a public employee may respond to such a request as long as the
employee provides a "fair representation of the facts.. This response may
include speaking to public or private organizations interested in the public
agency's position.
PENALTIES FOR IMPROPER USE OF PUBLIC RESOURCES
1.) Are there potential criminal consequences of improperly using public
resources?
The potential consequences associated with crossing the line between
permissible informational activities and advocacy activities are severe. Improper
use of public resources can be a criminal offense. Local officials should be
especially careful to separate their official work. with political and campaign work.
In addition, the courts have suggested that there is no "de minimus" defense to
using public resources improperly, even when reimbursement for telephone calls
or faxes occurs.
2.) What are the potential civil consequences of improperly using public
resources?
Even if the issue is resolved through a civil action, the individuals
involved may be required to reimburse the agency for the value of the resources
used and may have to pay not only their own attorneys fees, but also those of
any individual who is challenging the e use of the resources. Finally, engaging
in such activities gives rise to reporting obligations for public agencies under the
Political Reform Act. Failure to comply with these requirements subjects an
agency to additional penalties.
CONCLUSION
City council members and employees have many ways to exercise their right to
promote or oppose ballot measures. The key is not to use the public's time,
money or other resources to do so. Public resources may, though, be used to
The Honorable Mayor and
Members of the City Council
April 15,2004
Page 6
provide objective analysis and information concerning a proposed ballot
measure.
Charges that the city Or individual has misused and misappropriated
public resources are extremely serious. Consequently, when an activity is the
least bit questionable, it is best, in my view, to err on the side of caution.
I welcome any specific questions from either council members or city
employees.
~
Charles T. Kilian
City Attorney
CTKldej
cc: City Clerk
City Manager
Ct ~ ({~!eJY
?xtt l 1)' it
2004 Schedule for Initiative Report Preparation c.QøAd-
~S5(~
Date
April 16th
April 19th - 30th
Mayl
May 1 st - June 6th
June 7th
June 14th
June 28th
June 30th
July 6th
Task
Director Approves Draft Scope of Work
Scope of Work refined, contract amount
established, contract awarded.
Contract Signed
Initiative Report Preparation
Draft Reports Delivered to Staff
Staff Comments Due back to Consultants
Final Initiative Reports Delivered to City
Deadline for City Council Packet
City Council Meeting on Initiative Report
Initiative Report Draft Scope of Work
Housing Analysis
Revised 4/16/04
The City requests an impartial and objective report that analyzes three proposed
initiatives, which would, through the City's General Plan, restrict building heights,
building setback lines and residential density throughout Cupertino (See attachments A,
B, & C). The report shall examine and evaluate the impacts of the proposed initiatives on
the City's General Plan Housing Element with respect to:
1) Effects on the use ofland;
2) Availability and location of housing;
3) Effects on the production of housing in the City;
4) Housing strategies the City may utilize to meet its ABAG-determined, regional
housing needs in total and at the different affordability levels for the current and
future housing needs determination.
5) Alternative measures the City may take to comply with the initiatives if they
become law.
6) Other alternatives to the identified measures should also be identified.
If the report concludes that the City cannot achieve a State re-certified, general plan
housing element because ofthe effects of the initiatives, the report shall identify the
potential consequences to the City of having a non-certified housing element.
Separate reports of the legal and fiscal implications of the initiatives are being prepared
under separate contracts. The Contractor for the housing analysis shall work
cooperatively 'with the other selected consultants in order to integrate the housing, legal
and fiscal analyses as much as possible.
Initiative Report Draft Scope of Work
Fiscal Analysis
Revised 4/I9/04
The City requests an impartial and objective report that analyzes three proposed
initiatives, which would through the City's General Plan restrict building heights,
building setback lines and residential density throughout Cupertino (See attachments A,
B, & C). The report shall examine and evaluate the fiscal effects of the proposed
initiatives on the City and its elementary and high school districts: Cupertino Union
School District (elementary and middle schools) and Fremont Union High School
District.
Fiscal Effects on School Districts
The report shall analyze the costs incurred and the revenues eamed (both one-time and
ongoing costs and revenues) by the two aforementioned school districts for new
residential developments with a density of 15 dwellings or less per net acre, and
residential developments with a density of 16 or more dwellings per net acre, up to the
limit allowed by the current General Plan. Cost estimates shall include infrastructure
costs and ongoing costs to serve anticipated student population. Comparable
cost/revenue data shall be determine for new commercial and officelindustrial
developments.
Part of this analysis will look at the estimated number of elementary, middle and high
school students generated by new residential developments in order to calculate school
costs. Elementary, middle and high school student numbers must be calculated for new
residential developments with a density of 15 dwellings or less per net acre, and new
residential projects with 16 or more dwellings per net acre. While the report should use
student generation factors utilized by the individual school districts, the study shall
validate the forecasts by using other data sources, such as census data, occupancy data
from property owners, developer information and/or actual surveys of residents. If there
are significant discrepancies between the forecasts and actual attendance figures, the
report shall offer explanations.
Ifthere are significant negative fiscal effects on the school district(s), the report shall
suggest a range of alternative measures that can be implemented by the City or the
school districts to address the fiscal effects.
Fiscal Effects on the Citv
The Fiscal Report shall contain the following elements:
1) A map ofthe parcels in the City that would be directly affected by the three
initiatives;
2) Specific fiscal analyses on 6 -12 prototypical sites within the City, reporting on
potential revenues and costs that would be incurred by the City and its
Redevelopment Agency for alternative hypothetical developments that would be
allowed by the existing general plan and zoning regulations and what would be
allowed under the initiatives;
3) A survey of professionals familiar with local land use and economic development
trends to identify project typeslbusinesses that would be attracted and discouraged
from locating in Cupertino because of the restrictions in the initiatives, including
the reasons why they would be attracted or discouraged;
4) Identification of any properties, if any, that would be potentially denied a
reasonable use of their land, where potential inverse condemnation claims may
arise and the resultant potential fiscal impact on the City;
5) Assessment of the impact on property values for properties affected by the
initiatives;
6) Identification of the measures the City must take to comply with the initiatives if
they become law. Ifthere are alternatives to the identified measures, they should
also be identified.
Separate reports on the legal and housing implications ofthe initiatives are being
prepared under separate contracts. The Contractor for the fiscal analysis shall work
cooperatively with the other selected consultants in order to integrate the housing, legal
and fiscal analyses as much as possible.
Initiative Report Draft Scope of Work
Legal Analysis
Revised 4/19/04
The City requests an impartial and objective report that analyzes three proposed
initiatives, which would through the City's General Plan restrict building heights,
building setback lines and residential density throughout Cupertino (See attachments A,
B, & C). The report shall examine and evaluate the legal implications of the proposed
initiatives on the City.
The legal analysis of the three initiatives should answer three basic questions.
1) Do the initiatives have any basic conflicts with State or Federa11aws that would
make it illegal for the City to place them on the ballot?
2) Would the initiatives cause the City to commit any illegal acts in an effort to
comply with their directives?
3) Do the initiatives result in significant conflict between the general plan elements
(consistency requirement) or interfere with the City's obligation under the Vallco
Development Agreement, RDA legislation and/or consent decree.
Separate reports on the fiscal and housing implications of the initiatives are being
prepared under separate contracts. The Contractor for the legal analysis shall work
cooperatively with the other selected consultants in order to integrate the housing, legal
and fiscal analyses as much as possible.
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