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CC 10-15-01 October 15, 2001 Cupertino City Council & Page 2 Cupertino Redevelopment Agency 7. Annexation: Setting date for consideration of reorganization of area designated "Creston Drive 01-06', property located on the north side of Creston Drive between Baxter Avenue and Groveland Drive; approximately 0.245 acre, Lira (APN 326-11-006), Resolution No. 01-221. 8. Improvement Agreement, Roger Wang and Annie Wang, 11631 Upland Way, APN 366- 03-011, Resolution No. 01-222. 9. Acceptance of improvements (may include grading, street improvements on site and off- site improvements): Garrick H. Lee, 18871 Arata Way, APN 375-12-036; David Y. F. and Jenny H. C. Pemg, 19327 Calle de Barcelona, APN 375-04-006; Maxime & Beatrice Perez, 1248 Weymouth Dr., APN 362-I0-006. (No documentation in packet) 10. Authorization of the Director of Public Works to award the construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $913,000.00, Resolution No. 01-223. 11. Approving contract change order No. 1, Foothill and Stevens Creek Boulevard Overlay Project, DeSilva-Oates Construction, Resolution No. 01-224. ITEMS REMOVED FROM TIlE CONSENT CALENDAR (above) PUBLIC IIEARINGS 12. Ordering Vacation of a Roadway Easement, Tract 9335-~ Wallin Court, Resolution No. 01-225. 13. Ordering Vacation of a Public Utility Easement, Maxime Perez, 1248 Weymouth Drive, APN 362-I0-063, Re~olution No. 01-226. 14. Appeal of Planning Commission approval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apa~i~ient building at Lot 1, Tract 7953, Cupertino City Center (APN 369-01~029). The Applicant is the Stevens Creek Apachaents (Verona). The appeal was filed by Council~ember Don BurneR. 15. General Plan amendment for revisions to the Housing Element and other elements that may be affected by housing policies, Resolution No. 01-227. Application Number: 04- GPA-01 (12-EA-01); the applicant is the City of Cupertino and the location is citywidc. A mitigated Negative Declaration is recommended, and this ite~ri is recommended for approval. Actions to be taken: 1. Grant mitigated negative declaration 2. Appwve, modify or deny application 3. Adopt Resolution No. 01-227 October 15, 2001 Cupmino City Council & Page 3 Cupertino Redevelopment Agency PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 7:40 (iS) 16. Union Pacific Railroad (UPPR) Trail-Feasibility Study Report. 7:55 00) 17. Appointment of Teen Comroissioners. ORDINANCES s:lo(5) 18. Second reading of Ordinance No. 1888: "An Ordinance of the City Council of the City of Cupertino Extending the Utility Users Excise Tax for a period of Fifteen Years and Ordering the Submission of a Proposition Therefore to the Electorate of the City." STAFF REPORTS COUNCIL REPORTS Mayor James: Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cupertino Legislative Review Committee Library Steering Committee Northwest Flood Control Zone Advisor/Committee - Alternate Santa Clara County Cities Association Santa Clara County Emergency Preparedness Commission Teen Task Force West Valley Mayors and City Managers Vice-Mayor Lowenthal: Animal Control/PA Association of Bay Area Governments Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Cities Association- Alternate Santa Clam County Committee on Housing and Community Development Block Grant Program - Alternate Santa Clara County Library District/PA Board of Directors Santa Clara County Transportation Agency Policy Advisory Committee - Alternate Teen Task Force - Alternate October 15, 2001 Cupertino City Council & Page 4 Cupc~dno Redevelopment Agency West Valley Mayors and City Managers - Alternate Councilmember Burnett: ABAG Board of Directors, Santa Clara County Cities Association Representative North Central Flood Control Zone Advisory Committee Northwest Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Committee on Housing & Community Development Block Grant Pwgram Santa Clara County Library District JPA Board of Directors - Alternate Santa Clara County Solid Waste Commission - North County representative Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Councilmember Chang: Association of Bay Area Governments - Alternate Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Liaison Santa Clara County Emergency Preparedness Commission - Alternate Sister City Committee - Toyokawa CLOSED SESSION Adjourn to a Library Study Session, October 24, 3-5 p.m. in Conference Room C/D, 10300 Tone Avenue, Cupertino. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. DRAIef~N~ES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, September 19, 2001 CALL TO ORDER At 3:05 p.m. Mayor lames called the meeting to order in Conference Room C/D, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, City Attorney Charles Kilian, Public Infom-mtion Officer Rick Kitson, Senior Planner Aarti Shrivastava and City Clerk Kimberly Smith. ORAL COMMUNICATIONS - None STUDY SESSION 1. Presentation by SMWM Architects - Review of design alternatives for the new Cupertino Public Library. Linda Sobuta of SMWM Architects made a PowerPoint presentation and highlighted the following: * Pros and cons of original planned site · Pros and cons of existing library site · Urban design analysis: 1) Implementation of the Specific Plan for Stevens Creek Boulevard will improve the weak comer at De Anza and Stevens Creek Blvds.; 2) Central digit,ct of the city is isolated from the rest of Cupertino by Highway 85, Interstate 280 and the creek; 3) The three campuses, De Anza Community College, Apple Campus and the Civic Center Development, are distinct unrelated zones; 4) Civic Center does not front on a major street · Civic Center access route · Civic Center neighborhood plan, including having cars enter at signalized intersections and joint outdoor events · Civic Center Neighborhood Plan Recommendation September 19, 2001 Cupetiino City Council Page 2 Public Works Director Ralph Quails mentioned that there would be no decision made at this meeting, that the meeting was informational only, and it would not pre-empt any land use decisions by Council. Sobuta continued with her presentation and discussed three schemes outlined in the PowerPoint handout. · Scheme one showed the original proposed site with a modified courtyard · Scheme two showed the existing library site with a courtyard · Scheme three showed the Civic Center and the existing library site. This recommended .scheme shows the addition of a meeting room in the Civic Center area The pros of scheme three included: · Maintains a buffer zone to adjacent residential neighborhood · Provides space for City Hall, and maintains visibility from Civic Lawn and Tone Drive · Library entry relates directly to City Hall, completing the civic complex · Views from Library include civic lawn and redwood trees rather than neighbors and parking lot · Provides adequate parking and efficient parking lot layout on the site · Meeting Room becomes an important civic feature in Civic Center, tying the entire complex together in a integrated civic space for Cupertino Bumett said he liked the third alternative and that the meeting room is a big issue. He said the focus needed to be on its uses and flexibility. James said the meeting room could also serve as council chambers. Lowenthal asked how much the library would need the meeting room and whether it should be attached to the library building. Julie Farnsworth said that the library would use the space about 10% of open hours and would be dependent on it for large children's programs and 3 annual book sales. She said that as long as children could walk over, it was not an issue whether the buildings were attached to one another. Lowenthal said that the City alreauiy has many small rooms that can hold up to 250 people, but one was really needed to hold 450-500 people. Public Works Director Ralph Quails said that it's a function of cost and utility and for a facility of this type, and that roughly every 3,000 feet equates to $1 million. He said that the next step in the process would be to have the schematic concept reviewed by the September 19, 2001 Cupertino City Council Page 3 Steering Committee and then it would be brought back to Council at a meeting on October 24. 2. Approval of Final Conceptual Design and authorization to proceed with the Schematic Design Phase. Lowenthal asked the Community Development Director for his opinion on the Council's. decision on this topic, and what dgnificance the new library has to the City. Community Development Director Steve Piasecki said that there is a need to anchor Town Center Lane so that it fits within the greater context of the neighborhood, and that either of the two schemes showing a building in the Civic Center area would work. He said that there was a great opportunity to expand the volume of the space and create a true anchor that may be 3,000 square feet but has a volume that looks like it represents a 6,000 square foot building. He discussed a few examples, and said it could be designed to be a very special space. Sobuta talked about how the meeting room could be designed to provide both indoor and outdoor space. Sobuta said that it might be difficult to use it for something like a children's theater without going to a stepped floor area, which brings up other requirements. She encouraged everyone to contact her with other ideas for this meeting space. Quails noted that extra features could raise the cost of the consm~ction and that the aim is to stay on budget while k~-ping the meeling space as open and fl~xible as possible. Chang asked about green areas and the relationship the new building would have to the open space. Qualls explained that as part of the library projex:t, two additional projects were included in the budget, which are the d~velopment of the plaza and meeting room and the relocation of the current counoil chambers. Chang said he was concerned about the budget and whether $1million was enough to create the type and use that is desired in the meeting room. He said it is important to develop program for this building and know which needs can be met. lames said she had concerns about the look of the project driving down Town Center Lane and the importance of the plaza area design as well, and she wanted to keep it the focal point for Town Center. Lowenthal said there is a desire to make Cupertino a more walkable community. The current plaza design fails to do this and it needs to be fixed at the same time the building is constructed. He suggested offering a coffee or food cart in the plaza to liven up the area and to make it more a focal point. September 19, 2001 Cupertino City Council Page 4 Quails noted that the whole complex will be one integrated project, including the building and the plaza area. Mayor James asked for public comment. Michael Gottwaid asked if the existing library building would remain. Sobuta responded that the recommended scheme, which shows thc community room in the Civic Center, would put the new library on the site of the existing library and that the library services would be temporarily relocated. Jean Gallup, Friends of the Library and Library Steering Committee, asked about the natural lighting situation at the new library on the existing site versus in the Civic Center area. Sobuta responded that the primary facade of the library in the Civic Center area would be facing west, which would bring in a lot of heat requiring deep-set window openings and shading. On the existing library site, the primary face of the building would be facing north onto the Civic Center area, which is ideal for light. Robert Levy asked about the square footage of the new librany and the meeting room. Public Works Director Ralph Quails responded th.at the exact sq-~re footage of the buildings would depend on the budget. Leslie Bernal asked about where the additional $3 million for the budget came from. Administrative Services Director Carol Atwood said that the money would come from fiscal year 2000/01 savings, debt service reduction and a "Friends of the Library" community fundraiser. Bemal _also made a suggestion on parking to give citizens better access to the library, City Hall and the community room. O,~in Mahoney asked about doing the construction in stages versus as ail one project. Quails responded that it is important to design and cor~h:uct everything as one project so that all the outcomes complement one another in the Civic Center when it's done. He said that the actual construction stages have not been detc. u~iined yet. Kathy Stakey, Chair of the Library Commission, asked about the intention of the City for the old library building, if the Council decides to locate the new library elsewhere. Michael Gottwald asked about festival planning for the use of the new meeting room. Kathy Mulvey, Friends of the Library, was concerned about using the meeting room for the 3 book sales each year and to have a way to transport the books to the room in bad weather. She also asked if courtyard book sales would be possible in good weather and to lock the courtyard to keep the books out overnight. lames responded that these questions would be answered in the next phase of the project plan discussion. Jean Bedord complemented how well laid out the plan for the new library is. September 19, 2001 Cupertino City Council Page Quails said that references in the report to Stevens Creek and the Town Center should not -' be considered as recommendations or requirements, but only comments, and should not pre-empt any future decisions. .. ~ .,... Chang said that he would support putting the new library on the existing site. He said that developing a program plan for a new meeting space would be important and more discussion needs to happen about that. He said that more work needs to be done to make the Civic Centcr a town center. Lowenthai said that he would be sorry to lose the old library building because of tax- payer money being lost, but he was happy about keeping the green space open and that the community agrees with that decision. He said that it's important to maximize the use of money and that a written plan is necessary for the whole vision to come together and become a reality. He concluded that he was happy with the direction that the project is taking. Burner agreed that the recommended plan is the appropriate way to go. He brought to attention a bullet from attachment B2 of the handout that said that it would be important to not build the Town Center buildings taller than those in the Civic Center. City Attorney Charles Kilian responded that this was a note from the architect and not a staffposition, since the application isn't currently being discussed. -. Community Services Director Steve Piasecki commented that the applicants for the Town Center have been scaling back the project so that it would not be incompatible with the Civic Center buildings. Bumett liked the location of the entrance in the design and the ability for people to approach it from both sides. He conunented that a small corner of the area could be used for a skateboard park. James said she agreed with everything that has been said, and with the recommendation to place the new library on the existing site. She said that the acceptance of the design would depend on the integration of thc inside/outside areas, thc open space, and how well the three buildings fit together. She also said that it would be important for the "meeting room" to be unique and special for the community. Lowenthai moved to adopt scheme three. Bumett seconded and the motion carried 4-0. ADJOURNMENT At 5:30 p.m. the meeting was adjourned. Kimberly Smith, City Clerk DRAFT MINUTES CUPERTINO CITY COUNCIL Regular M~eting Monday, October 1, 2001 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra lames, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Public Works Director Ralph Quails, Public Information Officer Rick Kitson, Senior Planner Vera Gil, Senior Planner Colin Sung, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation for Ann Anger in recognition of her contribution to the quality of life in the Monta Vista neighborhood. Mayor James presented the pwclamation to Ann Anger. Ms. Anger responded that she was proud of the accomplishments in helping to make the Monta Vista neighborhood a good place to live and thanked Council for recognizing her. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS Lyman Black, 10338 Scenic Blvd., spoke as a neighborhood representative regarding the Stevens Creek Trail. He reviewed a handout and petition, which requested Council to direct the Task Force to study altefuate mutes for particular areas of the trail. Council said that they could take no action at the meeting but would pass the information on to staff for review. October 1, 2001 C'up~ino City Council Page 2 · - Ed Hirshfield, 734 Stendhal Lane, spoke in support of the renovation of the Cupertino Sports Center as long as it is consistent with the current use pattern and level of service. He spoke in opposition to constructing a skate park at the gports C~flter. Marc Auerbach, 18860 Bamhart Avenue, spoke about the Mid-Peninsula Regional Open Space District. He handed out photos and a sample resolution of support for federal funding for cleanup of Mount Umunhum. He asked Council to support this resolution. Council concurred to put this item on the agenda for the next regular meeting. CONSENT CALENDAR Lowenthal moved to approve the items on the Consent Calendar as recommended, with the exception of Nos. 2 and 6, which were pulled for discussion. Chang seconded and the motion can'ied 4-0. 3. Accounts Payable, September 14 and 21, Resolution Nos. 01-216 and 01-209. Resolution No. 01-208 has been changed to Resolution No. 01-216. 4. Payroll, September 28, Resolution No. 01-210. 5. Adopt the Conflict of Interest Code for officials and designated en~ployees, Resolution No. 01-211. Vote Members of the City Council AYES: BurneR, Chang, lames, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approval of minutes, August 21 and September 17. Lowenthal clarified that the minutes of September 17, page number 2-6, item No. 9 should be corrected to read, "Lowenthal seconded and the motion carried 4-0." Lowenthal moved to approve the minutes of August 21 as presented and September 17 as amended. Bum~t seconded and the motion carried 4-0. 6. Improv¢iaent Agreement, Approving Final Map, and Improvement Plans, Stevens Creek Investors, Inc. a California Corporation (Tra Vigne Village and Plaza), APN 316-21-029, -' Resolution No. 01-212. October 1, 2001 Cupertino City Council Page 3 Robert Levy, 10802 Wilkinson Avenue, asked how thc park fees are used. Public Works Director Ralph Quails explained that the park fee is based on a state law, which enables local governments to assess residential developments for parkland dedication. Ho said that the intent is to provide for the dedication of property and that the developer pays a certain amount of money per unit. He said that the money is put into a fund, to acquire, develop or renew park properly and must be spent near the development that the money would serve. Lowenthal moved to adopt Resolution No. 01-212. Burner seconded and the motion carded 4-0. PUBLIC HEARINGS 7. Authorize the issuance of tax-exempt multi-family housing revenue bonds in the principal amount not to exceed $1.6 million and approve a loan of bond proceeds to Cupertino Community Services (CCS), Resolution No. 01- 213 and further include: a) Approve/n substantially final form the Indenture of Trust, Loan Agreement and Regulatory Agreement, and Declaration of Restrictive Covenants b) Authorize the designation of E. Wagner and Associates as financial advisor and Quint and Thimmig LLP as bond counsel c) Authorize the City Manager to execute and deliver these and other related documents as necessary Administrative Services Director Carol Atwood reviewed the staff report. Mayor James opened the public hearing. There were no speakers and the public hearing was closed. Lowenthal moved to adopt Resolution No. 01-213. Chang seconded and the motion carried 4-0. 8. Appeal of Planning Commission approval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment building at Lot 1, Tract 7953, Cupertino City Center (APN 369-01-029). The applicant is the Stevens Creek Apartments (Verona). The appeal was filed by Councilm~mber Don Burnett. Bumctt moved to continue the appeal to October 15, 2001. Lowenthal seconded and the motion carded 4-0. 9. Approve use permit to construct 9 single family townhomes on an appwximately one acre parcel and rezoning of an approximately one acre parcel from Rl-10 to P(Rcs); and appwve a tentative map to subdivide an appwxirnately one acre parcel into n/nc parcels October 1, 2001 Cupertino City Council Page 4 -- for a townhome development; Application Numbers: 08-U-01, 06-Z-01, 03-TM-01, 14- EA-01; R&Z Development. The project is located at 20075 De Palma Lane; APN 369- 32-003. A Negative Declaration is ri~',ommended~' and this item is recommended for approval. A. First reading of Ordinance No. 1887: "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.04-Acre Lot from R1-10 to P(Res) to Allow 9 Single-Family Townhouses Located at 20075 De Palina Lane." Senior Planner Colin Jung reviewed the staff report. The following people spoke in opposition to the project: Lucy Lieu, 20172 Rodrigues Avenue Rex Tsu, 20212 Rodrigues Avenue Dan O'Keefe, San Clemente, CA Vicky Yutronic, 20162 Rodrigues Avenue Tony Fong, 20182 Rodrigues Avenue Marie Gatto, 20072 Rodrignes Avenue Their comments included concerns about density, traffic, cutting through private property with a public pedestrian walkway, rezoning issues, and that the design is incongruous with existing development. Glenn Calhoon, the designer of the pwject, spoke in favor of the project. He reviewed the design in further detail. Chang 'said he thought the project was too dense and that constructing one or two units less would be more balanced with the existing houses. He said he wouldn't support the project as currently presented. Bumett said that the density in the design was high, but that there is a housing need. He said that the design was harmonious with thc existing houses and that he would support the project. Lowenthal agreed that the project was dense but that it was a graduated density. He said he liked the trail. He also said that Cupertino residents want affordable housing and this is one way of achieving that. He said he supported the project with some reservations. James asked about rexoning roquireraents for the project. Jung explained that the current zoning of Rl-10 would allow a single-family house on a 10,000 square foot lot, which is inconsistent with the G-cneral Plan designation. The zone - change would bring the project into conformance with the General Plan. October 1, 2001 Cupertino City Council Page 5 Sames said that one benefit of the proposed development is that the houses are for sale. She said that she would like staff`to work with the applicant and bring back a design that everyone could agree with. Council agreed to continue this item to allow more discussion between the applicant and staff`to find a workable solution. Chang moved to continue the item to November 19, 2001. Bumett seconded and the motion carried 4-0. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 10. Tentative map to subdivide a 4.15-acre parcel into 56 lots and common areas for a 56-unit town home development (public hearings for use permit and zoning were previously scheduled). Application Number: 02-TM-01 (06-EA-01). The applicant is Summerhill Homes and the project is located at 10120 Imperial Avenue. A Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Vera Gil reviewed the staff'report. Mayor James was absent from the Council Chambers. Community Development Director Steve Piasecki explained that the applicant, Summerhill Homes, was not involved with the project anymore. He said that the property owner still wanted to pursue the development with thc consent of the applicant, and would probably look for another residential developer to build the project. He said this tentative map was the final step needed to move forward in thc process. If any changes were made to the design then the applicant would need to go through the entire planning process again. Alan Chamorro, the property owner representative, said that they are committed to move forward with the project as is. Mayor James r~-entered the Council Chambers. Lowenthal moved to approve the application. Chang seconded and the motion carried 3-0 with Mayor James abstaining. Burnett moved to approve the negative declaration. Chang seconded and the motion carried 3-0 with Mayor lames abstaining because she had not been present for the discussion. October 1, 2001 Cupertino City Council Page 6 11. Approve amendment to ground lease between Santa Clara County Central Fire Protection District and the City of Cupe~iuo, Resolution ~q6. 01-214. Senior Planner Vera C-il reviewed the staffreport. Lowenthal moved to adopt Resolution No. 01-214. Chang seconded and motion carried 4-0. 12. Approval of Assignment and Assumption Agreement, Loan Agreement, Regulatory Agreement, Deed of Trust and Promissory Note for CUPertino Community Services' Heart of Cupertino development, Resolution No. 01-215. Senior Planner Vera Gil reviewed the staff report. She said that the resolution should be amended to reflect the addition of the Subordination Agreement as well. Jaclyn Fabre, Executive Director of Cupertino Community Services, thanked the Council, staff, Cupertino National Bank and community donors. She said that the groundbreaking cereinony would be October 25 at 11:00 a.m. at the development site. Council members expressed their appreciation to staff and all involved. Lowenthai moved to adopt Resolution No. 01-215. Chang seconded and the motion carried 4-0. 13. First reading of Ordinance No. 1888: "An Ordinance of the City Council of the City of Cupertino Extending the Utility Users Excise Tax for a period of Fifteen Years and Ordering thc Submission of a Proposition Therefore to the Electorate of the City." City Attorney Charles Kilian reviewed the staff report. Bumett noted that the utility tax revenues pay for about half of the debt service for Creekside Park. James added that this tax also helps to fund the new library. The City Clerk read the title of the ordinance. Bumett moved that Ordinance 1888 be read by title only and that the City Clerk's reading constitute the first reading thereof. Chang seconded and the motion carried 4-0. 14. Consider cancellation of regular meeting of Monday, Noveihber 5, 2001. Lowenthal moved to cancel the regular meeting of Monday, November 5, 2001. Chang seconded and the motion carried 4-0. 'October 1, 2001 Cupertino City Council Page 7 ORDINANCES 15. Second reading of Ordinance No. 1885: "An Ordinance of the City of Cupertino, Amending Title 1, 5, 8, 10, 11, 13, 14, 16, 17 and 19 of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforihing the Pwvisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying old Provisions with New Language, and Consolidating and Streamlining Various Pwvisions." The subject matter of the titles to be amended include: general provisions; business licenses and regulations; animals; public peace, safety and morals; vehicles and traffic; parks; streets, sidewalks, and landscaping; buildings and construction; signs; smoking; zoning. Tho City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that tho City Clerk's reading would constitute the second reading thereof. The motion carried 4-0. Bumett moved and Lowenthal seconded to enact Ordinance No. 1886. The motion carried 4-0. STAFF REPORTS COUNCIL REPORTS Bumett said that on October 13 he would attend a Smart Growth workshop sponsored by ABAG, the Air District and the Congestion Management Agency. He said that they would be looking at alternative scenarios for future development and changes in density and uses in the county, as well as considering the impact of the jobs/housing imbalance and traffic. He also talked about the student visitors from Cupertino's Sister City Toyokawa. He said they raised almost $4000, which was forwarded to New York for help with the relief efforts associated with the terrorist attack of September 11. Chang thanked staff for their support in commnnity events, including the Cupertino Community Services (CCS) barbecue, the Oktoberfest and the Moon Festival. He also said he thought the Cinema at Sundown program was very successful. Lowenthal said he attended the Silicon Valley Manufacturing Groups Projection 2001, which considered the issues that help or hinder a vibrant economy in SilicOn Valley. He said that affordability of life in the valley is the main issue. He attended Jim Bell's County Housing Task Force. He also attended the Moon Festival and saw lots of diversity in the people in attendance. He mentioned an animal cruelty incident in which the Animal Control Authority asked for full prosecution to the full extent of the law. He said he attended the skate park meeting and new October 1, 2001 Cupertino City Council Page 8 - ideas continue to be raised. He commented on the Monta Vista High School parking issue and complemented the school in the steps they were taking to solve the problem. James said she met with Superintendent Joe HamiltOn from the high school district to set up a collaboration meeting between thc City. and the schools. She said the Moon Festival was great and she acknowledged Public Information Officer Rick Kitson for his part. She mentioned the opening of the new store, McWhorters and Young, and commended them for their community involvement. She said she met with supervisor Liz Kniss and they talked about issues involving the City and the County, such as annexation issues, and ,said that the County has decided to have the County R-1 ordinances complemant thc City's R-1 ordinances. James said City Manager David Knapp and she met with the Sheriff's Department to strategize the Teen Sununit, which will be October 29 from 5-9 p.m. at the Cupertino Senior Center. She said she attended a preserttation of the Chinese American Disaster Fund and the Cupertino firefighters in which a check for $40,000 was presented and will be sent to the fire department in New York City. She said the skate park meeting was successful and other alternatives were discussed.· She mentioned the City was sponsoring a barbecue, "Cupertino Cares" in honor of those who died in the World Trade Center attack of September 11. CLOSED SESSION - None ADJOURNMENT At 8:30 p.m. the meeting was adjourned to a Community Congress on October $ at 1:00 p.m., at the Quinlan Community Center. Kimberly Smith, City Clerk 10300 Tone Avenue · - Cupertino, CA 95014-3255 Telephone: (408) 777-3220 OTY OF CUPEPxTINO (408)777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No..~ Meeting Date: October 15, 2001 SUBJECT Monthly Treasurer's and Budget Report- August 2001 BACKGROUND Attached is the Treasurer's and Budget report for the period ended August 31, 2001. The report includes all funds in control of the City. Iuvestment~ The market value of our current portfoho totaled $47.2 million at month end with a maturity value of $47.0 million. The City intends to hold investments until maturity to redeem full value of the securities currently with a maturity value below market value. The current investment portfolio remained relatively unchanged during the month of August, with incoming revenues offsetting expenditures for the city aa a whole. The investments of the City of Cupertino are in full compliance with our City inveslment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends General fund revenues are well below budget projections at the end of July due to the timing of major tax payments received by the State and County later in the year. Operating expenditures for the General Fund also t,rrmin below budget in this the second month of the 2001-02 fiscal year. RECOMMENDATION: Staff recommends that the City Council revi~v and accept the August Treasurer's and Budget report. The city is in the process of auditing it's books for the fiscal year ended June 30, and any adjustments to the ycar-end revenue and expenditure accruals may impact current year totals. A final report will be submitted to Council once the fiscal year audit is complete and adjustments are fully identified. Submitted by: Approved for submission: Carol T. F~rrell David W. Knapp Deputy Treasurer City Manager of Cuper ao Au us 2001 PUKCHASI~ [ MA'IURi'IY DESCB.IPiION REP YIELD COST VALU,-, { VALU~ [PROFfl/LOSS SECURI I 1ES SOLD SECURI 1 liS MATURED [ None :: SECURIIU~S PURCHASED 08/01/01 08/01/05 ?HLMC(P) ~6k 5.38%:, 1,500,000 1.500,000 1,522.500 22,500 08/02/01 02/07/05 !FHLMC(P) 6k 5.07%1 1,500,000 1,500,000 1,522,500 22,500 '0~707/0 ! 08/02/04 IFHLMC(P) 6k 5.26% 1,500,000' 1,500,000 I,,517,340 17,340 .... :CASH ---- 08/31/01 IOreater Bay Trust Company 0 0 0 0 C~-'. 0 0 0 0 - i o o o o "C'rORP. 0 0 O 0 LA 08/31/01 ~$tate Pool 16f 4.50% 22,806,939 22,806,939 22,806,939 i 0 ..... ~NEY MARKET FUNDS ! [ 08/31/0! iOrea~BayTtustCompany !6j 4.38%! 0 0 0 0 08/31/01 iCuperfinoNatl-Sweepac¢ount 6j 3.19%i 1.355.974 1,355,974 1,355,974 0g/31/01 ISchwab .6J 3.07%[ 91,046 91.046 91,046 0 MI~- ! ! ! ~,447,010 1,447,020 1,447,020 0 -- ~R.-~-GAOE OBLIOA'I IONS '6k 7.42%i 0?/09/93, 04/15/07 ~ItLMC{P) 6k 6.11% 1,016,333 1,000,~00 807,054 09/30/93 ~ 09/15/07 }FHLMC(P) 2,484,705 2,400,000 2,424.264 (60,441) 08/01/01 08/01/05 ~HLMc(p) 6k 5.38% 1 ,~00,000 ~ ,500,000 1,522~q00 08/02/01. 02/0//05 !FHLMC(P) 6k 5.07% 1,500,000 1,500,000 1,522,500 22.500 08/07/01 08/02/04 iFHLMC(P) 6k 5.26%i 1 ~0,000 1,500.000 1.517,340 17,340 09/30/93 ~ 05/15/08 IFHLMC(P) 6k 6.62%I 2,933./66 2,860,000 2,921,347 (12,419) --' .US GOVERNMENt SECURI'IIES 10/08/97, 09/30/01 i Treasury Note 6a 5.79% 2~00,852 2,000,000 2,008.760 7,908 01/10/00., 12/31/01 ~TrensuryNote 6a 6.31% 2,498,546 2,500,000 2,527.350 28,804 -' -- 0~/10/00 i 06/30/02 !TreasmyNote 6a 6.33% 2,498,557 2,500,000 2,561,725 63,168 06/25/99 ' 11/30/02 !TreasuryNote · 6a 5.90% 2,499,309 2,500,000 2,568,750 69r441 - 02/07/00 ! 06/30/03 !Treasu;y Note 6a 6.62% 2~149,666 2,500.000 2,572,650 122,984 --- '-?T~tal Managed Portfolio 47,13~,692 47~013,960 47,2~19J ~ ¥,verage Yield . Average Length to Maturity (In years) 1~? City of Cupertino August 2001 PURCHASI= [ MA'IURI'IY DESCRIPHON REF YIELD COST VALUI= [ VALUI~ TRUST & AGENCY PORTFOLIO ...... -CEi~.TIHCATES OF DEPOSIT: ....... ~27/01 01/01/02 'Cupertino Natl(Kester Trust) J6b 3.60%. 38,962 38,962 ' 38,962 .... T~a~T~ust & Agency Portfolio 38,962 38,962 38,962 BOND RESIn-RYE PORTFOLIO -- 'Tramc Impact IFmnklin Fiduciary Trust I $.68%. 19,100 19,100 19,100 .Reserves I I . 04/06/93 01/01/03 i Repo - 03 A Reserve Fd (400972) 0.68%1 2,833,425 2,833,425 2,833,425 ] 2/16/92 ' ~Money Mkt - 92 A Reserve Fd (40095? 3 05%i 842,026 842,026 842,026 12/16/92 Money Mkt - 92 B I~serve Fd (40096~ 3.06%1 1,338,404 1,.338,404 1,338,404 5,013,8SS .5,013~8SS 5,013,8SS Total Bond Reserve Portfolio ~,032,9SS I 5,032,9SS .~032,955 .-- Investments By Type Cmporate Bonds US Treasu~.- ,~otes 23% Money Market Cash 3% Rate of Return ComparisonI 7.00% 6.00% 5.00% 4.00% -' ~upertlno 3.00% .............. 2.00% 0.00% 8/00 9/00 10/00 11~00 12/00 01/01 02/01 03/01 04/01 05/01 6/01 7/01 8/01 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino August 31, 2001 Category Standard Comment Treasury Issues iNo limit Complies US Agencies (eg FHLMC) I No limit ]Complies Medium Term Corporate Bonds/Notes ' 130% with A rating Complies -LAIF 1530 million }Complies Money Market Funds 120% I Complies M~imum Maturities 125% up to 15 years !Complies (FHLMC at 7 yrs) " iRemainder up to 5 years !Complies Per Issuer Max !10% (except govts) ]Complies 'Bankers Acceptances !180 days & 40% }Complies ~ Complies Commercial Paper 1270 days & 15% ~qegotiable Certificates of Deposit [30% [Complies Repurchase Agreements !365 days I Complies Reverse Repurchase agreements I Prohibited I Complies Revenue Comparison 2.500.000 2.000.000 1,5oo,ooo 1 Sales Tax 2 Property Tax 3 TOT i.000.000 .................. 4 Utility Tax ~ Franchise Fees 6Odwr 7 Licenses & penn]ts 8 Money & Propez~- 500,000 9 Inlergovemmental 10 Charges for Sen.ices I I Fines & Forfeinn~s 12 Ot~er Revenue 0 i 1 2 3 4 5 6 7' 8 9 10 1'1 12 Expenditure Comparison 1.d~,O00 · - 1 A~minJstmtlv~ 2 Law Enfor(mnwlt 3 Gommunlty Service 4 ~min~t~ ~ 4~.~ ...... 5 ~ S~ 6 C~un~ ~ 7 Pu~ W~ · - o 2 3 4 5 6 7 - City of Cupertino Summary of Budget Transfers 8/31/01 Budget Revenue Expenditure Description Acct # Adjustment Budget ~ Budget 2001/02 ADOPTED BUDGET 51,356,000! 49,455,000 2000/01 CARRYOVER: Encumbrances ~variou~ 4,941,059~ 4,941,059 -_i-Deparlment carryovers 702,632 702,632 _..Project carryovers 9,417,929 9,417,929 REVENUE AD~tlSTMENTS: Sholter Trust donntion 1550-00004765 32,500 Overlay Project Reimb. - Sen Jose 1270-0000-4811 175,000 ~0verlay Project Reimb. - Saratoga 270-00004811 130,0001 Resource Rec estimated rev. incr. 520-0000-4566 4,500I --'Equipment budget funding correction 630-00004910 -32,000' _ Red light enforcement program 110-0004811 150,000 EXPENDITURE ADJUSTMENTS: Shorter Trust - Bingo Equipment 1550-6549-6311 24,600 24,600' ___Shorter Trust - Sr. Center Equipment 1550-6549-9400 7,900 7,900 Overlay Project - S J/Saratoga !270-9450-9300 305,000 305,000 Resource Rec. Elementery program [520-8003-6206 2,000 2,000 Resource Rec. Office 1520-8003-6111 2,500 2,500 Red light enforcement program 110-2101-7014 150,000 150,000 ~C~ldren's tile and mi project 110-1042-7104 5,000 5,000 -i City Hall remodel 110-9215-9300 320,000 320,000 ~001/02 ADJUSTED BUDGET t I 51,816,000 65,333,620 -lO RESOLUTION NO. 01-217 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 EXPENDITUKES FOR THE PERIOD ENDING SEPTEMBER 28, 2001 WHEREAS, the Director of Adm'mistrative 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 !aw. 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 day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 09/27/01 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 3/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: trans&c=.~rans_da~e between m09/24/2001' and m09/28/2001' FUND - 110 - GF/q~RAL FUND CASH ACCT CHECK NO ISSUZ DT .............. VSNDOR ............. FUND/DEPT ..... DESCH~PTION ...... SAL~S TAX AMOUNT 1020 587?30 V 09/07/01 M2002 TICKETEJ~y 5506549 SFO T~PJ4INAL 9/13 0.00 -1180.00 1020 587927 V 09/21/01 M CAO, JUN 580 Refund: Check - SU~4ER 0.00 -11.00 1020 588175 09/28/01 7 ABAG PLAN CORPORATION ' 1104540 LEGAL ~XPENSES/FAY 0.00 6214.10 1020 588175 09/28/01 7 ABAG PLAN CORPORATION 1104540 L~GAL EXPENSES 0.00 150.36 TOTAL CH~CK 0.00 6364.46 1020 568176 09/28/01 2110 ABC BACKFLOW TESTING REP 1108321 T/HE/MATERIALS 0.00 100.00 1020 588176 09/28/01 2110 ABC BACKFLOW TESTING REP 1108303 TIME/MATERIAlS 0.00 100.00 TOTAL CH~CK 0.00 200.00 1020 588177 09/28/01 43 A~RICAN PLA~ING ASSOC! 1107405 M~SRSHIP P, NWL V.GIL 0.00 303.00 1020 588178 09/28/01 )42002 APANORTH~RENEWS 1104510 AB PORABSZST PLANNER 0.00 50.00 1020 588179 09/28/01 57 ARANARK 1107405 SERV 8/2-8/21 0.00 466.85 1020 588180 09/28/01 2146 ARCHITECTURAL DZGEST 1107405 ARCH DIGEST V.GZL 0.00 72.00 1020 588181 09/28/01 M BA)~R, FLORENCE 550 REFUNDS 9257 & 9258 0.00 1274.00 1020 588182 09/28/01 966 BAPAUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 1020 588182 09/28/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 1020 588182 09/26/01 986 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PU~C 0.00 217.02 1020 588182 09/28/01 968 BAP AUTO PARTS 6308840' FY 2001-2002 OPEN PU~C 0.00 117.70 TOTAL CHECK 0.00 415.85 1020 588183 09/28/01 85 BAY ALARM COMPANY 1108502 MONITOR FEE 10/1-1/01/ 0.00 735.75 1020 588184 09/28/01 100 ENI IMAGING.SYSTEMS 1104300 FY 2001-2002 OPEN PURC 0.00 126,06 1020 588184 09/28/01 100 BM/ IMAGING SYSTEMS 1104300 FY 2001-2002 OPEN PURC 0.00 500.76 TOTAL CHECK 0.00 626.82 1020 588185 09/26/01 1066 BROWNING-FERRIS INDUS/RI 5208003 AUGUST 2001 STMT 0.00 92496.22 1020 588186 09/28/01 M2002 C P R S DISTRICT IV 1106300 ~ FEE FOR CPRS CONF 0.00 30.00 1020 588187 09/28/01 809 CALIPOREIA SPORT DESIG~ 5806449 LACROSSE T-SHIRTS 0.00 188.42 1020 588188 09/28/01 M CAO, JUN 580 RBF M.VISTA POOL CLOSE 0.00 S.S0 1020 588189 09/28/01 2232 CARIAGA, LOOP, DES 110 SSGARNS~e;T 0.00 103.04 1020 588109 09/28/01 2232 CARIAGA, LOURDES 110 CSC4tRNS~;T 0.00 306.50 TOTAL C~I~CK 0,00 410.34 1020 588190 09/28/01 149 CASH 1104400 PETTY CASH 9/18-9/25 0.00 32.34 1020 588190 09/28/01 149 CASH 1104300 PETTY CASH 9/18-9/28 0.00 40.00 1020 588190 09/28/01 149 CASH 1104100 PETTY CASH 9/18-9/25 0.00 15.93 1020 588190 09/28/01 149 CASH 1100000 0.00 -' 1020 588190 09/28/01 149 CASH 1104100 P~'L-~'~ CASH 9/18-9/2~ 0.00 09/27/01 ~I~ 11:39:15 - FIN~CIAL ACCOi.I~ZNG o9/2';/ol CI'I~/ 0F ~JPERTII40 PAGE 2 AC~I~ ~IOD: 3/02 ~CK R~I~R - DZSB~ ~ 1O~0 588190 09/28/01 14~ ~H 6104800 PR~ ~H 9/19-9/15 0.0O 16.19 2020 S88~00 00/28/02 L49 ~H 2~04000 PR~ ~H 9/~8-9/2S 0.00 ~020 S88~00 09/28/0~ ~49 ~H ~0~000 ~'~-L'( ~H 9/~8-9/2S 0.00 49.04 Z020 S88Z9~ 09/28/0t ~057 ~ID~ ~F~TS S~VIC L~0 *F~ DEP/A~ 240~2S 0.00 ~73.09 2020 S88~9~ o9/28/o~ ~o5~ ~ID~ B~FITS S~V~C L~0 *F~X ~/~ 2G0~2 0.00 28~.sz ~ ~ o.oo 454.60 1020 s88~95 09/28/0~ M ~, miry 580 ~d: ~eck- ~ 0.00 750.00 ~020 588~9G 09/28/0Z M ~; B~SY 580 Refund: ~eck - S~ 0.00 ~G.S0 ~020 588~97 09/28/Q~ ~G06 ~ SHOPPE D~Z~ ~L08S07 ~ D~R VI~L l~ 0.00 658.26 588~98 09/2a/0~ 2378 ~ ~Y~O~ ~s 4209~08 SERVZ~ ~ ~ 0.00 45770,~6 ~020 588~99 09/28/0~ ~407 ~ ~ TI~ 6308840 ~ 200~-2002 OP~'~C 0.00 L44.66 ~020 588200 09/2S/0~ 2490 ~T~NO ~l~ 1~03300 F~ P~E ~ 9/26 0.00 875.00 ~020 58820~ 09/29/0t ~002 ~TZ~ ~ ~00000 ~T ~050~8 ~ 0.00 ~02.~6 ~020 SUO202 09/28/0~ L94 ~TI~ S~P~Y ~ ~08507 ~ 200~-2002 O~ ~C 0.00 ~020 S88202 09/28/0~ ~94 ~TI~ ~PLY INC 1108503 ~ 200~-2002 OPn ~C 0.00 ~ ~ 0.00 19~.30 ~020 588203 09/28/0~ 1637 DAVID ~ ~ & ~IA ~10 R$8931 ~TI~ S~V 0.00 ~0744.00 ~020 S88203 09/28/0~ 1637 ~VID ~ ~ & ~ ~0 RS8816 0.00 ' 95.00 ~ ~CK 0.00 ~083~. 00 t020 588204 00/28/0~ 209 DE ~ 8~VI~ ~ ~08507 ~I~R~ SE~ 200~ · 0.00 ~440.53 1020 588204 09/28/01 209 DE ~ S~ IHt 1108504 J~I~I~ SE~ 2001 0.00 5829.18 ~' 588204 02/28/01 209 DE ~ S~VI~ IHt 1~08505 ~I~RI~ SB~ 200~ 0.00 3300.00 RIJH DAT~ 09/27/01 TIME 11:39:16 - FINA~XAL ACCOU~TXHCI 09/27/01 CITY OF CUPRRTINO PAGE 3 ACCOUNTING PERIOD; 3/02 CHECK REGISTER - DI$BURS~I~T FU~D SEleCTION CRITERIA: ~ransacr..crans_da~.e between "09/24/2001" and "09/28/2001" FOND - 110 - GENF, BAL FIA%'D CASH ACC'F CHECK NO I~qLIE D'1' .............. ~R ............. ~T, JIqD/DEP'I' ..... DI~SCRIPTION ...... SALES TAX ~ 1020 588204 09/28/01 209 Dp- AIqZA SERVICES IgC 1108511 JAtIXTORIAT., SEPT 2001 0.00 1091.16 1020 598204 09/28/01 209 DP- JUt'ZA SBRVlCKS IgC 1108509 ~TA~XTORTA,I, SBPT 2001 0.00 1306.45 1020 588204 09/28/01 209 DB AI~ZA SERVICES ZNC 1109502 SPECIAl., SERVICKS 0.00 95.00 ~%,rJ.'AL cHgCK 0.00 33482. `74 1020 588205 09/28/01 M2002 DZAHA gONG 110 R#6179 I~FT.11qD Xr4PROVE 0.00 450.00 1020 508205 09/28/01 M2002 DIANA WONG 110 R#6152 REI~ DE'V.MA'rN"I'. 0.00 616,56 'I'O'i'AL CHP-C'K 0.00 1066,56 1020 588206 09/29/01 1994 DZSTRZC'I' A'I'I'ORI~'Y /'RUST 110 A l~OPgZ ,,TR 566398126 0.00 23.08 1020 58820? 09/29/01 242 ]g~IPL, O~'MI~ DEVEI, DP-P/' 110 $Z?/ACC'I~ 932-0014-5 0.00 16290.14 1020 598208 09/28/01 243 BMPL. O~ DRVEI,OL~P-Irl' 110 $DX/ACCT# 7?6-5260-0 0.00 801.64 1020 588209 09/28/01 N Rl~Gm'r-, RACHET* 500 Refund.* C~ec:k - FAI~. 0.00 65.00 1020 599210 09/26/01 260 FEDERAL EXPRP, SS CORP 1107301 COl,TRIER SERVICE 0.00 14.96 1020 590210 09/28/01 260 FKDKRAI,~ EXPP~$S CORP 110 COURIER SERVICE R#1629 0.00 14.96 TO~AL CHKC~ 0.00 29.92 1020 588211 09/28/01 2493 FZRb-'I' ANKRZCAI~ 6104800 YRARLY ,gI,II~CRTpTTON 0.00 2350.00 1020 598212 09/28/01 2361 PZR,ST BAI,~CARD 110664'7 $RP'I' 8'FA~ 0.00 .. .;? 1020 506212 05/28/01 2361 FIRS"/' ~ 5806349 SI~P'"I',g'1'A'FEM~I1T 0.00 35.00 1030 588212 09/29/01 2361 ~'TR~I' BANKCARD 5906349 $gP/' 8TA~ 0.00 967.69 1020 588212 09/28/01 2361 F'rR, g'l'BAlfKCARD 5806349 $1~P'1' $/'A~ 0.00 190.00 1020 558212 09/28/01 2361 FTP..ffl' BA~KCARD 1106342 8~P'1' STA'I"KMENT 0 . 00 37 . 96 'I'G~A~ CIH~CK 0.00 123'7.22 1020 588213 09/28/01 2361 FTRP-'I' BAI,,rECARD 6104800 AO'r, 0.00 113.65 1020 589213 09/20/01 2361 FTR~'I' BANKCARD 6104800 DATA, BAS~ CONSUL'1' *r,I,~iCH 0.00 6'7.26 TO/Al, ~CK 0.00 190.91 1020 588214 09/28/01 2041 FRASCO 5606620 MEAT SL/CSR BhADE 0.00 407.48 1020 088210 03/28/01 M GADEPALI, To ROHllfI 580 Refund: ~teck - SU~4SR 0.00 5.50 1020 588216 09/38/01 290 GRATNOER ~NC 110050? FY 2001-2002 OPF. N Pr~C 0.00 182.97 1020 588217 09/28/01 M HAMAOA, ?AXEO 580 Refund: C~eck - SUPJ4~R 0.00 22.00 1020 588218 09/28/01 H HAYDI~i, ERZD! S80 Refund: Check - StJ~oIER 0.00 11.20 1020 S88215 05/28/01 329 HP-R~ING EN'I'BRPRTSES 1108315 QUOTE 471531 0.00 3499.20 1020 088220 09/28/01 M HOANG, ~ H0~G 550 p-e£und: Check -$C~4ER 0.00 11.00 1020 588221 09/28/01 M HOANG-M~IDOZA, CA'I'HER:INE 580 I~BI;~ 112536,2537, 25 0.00 1381.00 1020 588222 09/20/01 1896 HOR3'~ 1108312 FY 2001-2002 OPEN PL~,C 0.00 10 RL~ DA'I'E 09/27/01 TZ~ 11:39.'17 - FZL'JA, A*CZAL ACC'OI.,W'FZIqG o9/27/Ol ~ITY OF CUP~RTI~0 PAG?. 4 ~.CCOUNTING PERIOD: 3/02 CHECK REGISTER - DISBURSeMeNT FUND 'TION CRITERIA: ~ransac~.~rans_da~e between #09/24/2001. and #09/28/2001# ~ - 110 - OEI~RAL F~ID CASH ACCT CI~CK NO ISSUE DT .............. VENDOR ............. lq]ND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588222 09/28/01 1696 HORIZON 1108407 FY 2001-2002 OPEN PURC 0.00 700.44 TOTAL CHECK 0.00 1768.40 1020 588223 09/28/01 M HSTEH, (2~ARLENE 580 Refutld: Cheek - $~IER 0.00 11.20 1020 588224 09/26/01 M HSIEH, YEMAy 580 Re£und: Cheek - SIH~4ER 0,00 24.60 1020 586225 09/26/01 M HUI, WEEDY 580 Refund: Check - S~IER O.00 12.40 1020 588226 09/26/01 343 ICMA RSTIR~ TRUSTo45 110 *Z(2~ 0.00 5549.32 1020 588227 09/28/01 1242 ZNSTY- PRINTS 1108001 B. CARDS/T. GRE~ 0.00 61.15 1020 58822? 09/28/01 1242 INSTY- PR~'NTS 1104400 B. CA~/R. M~EN 0.00 50.35 1020 588227 09/28/01 1242 INSTY- PR'rNTS 1106529 B. CA~3)S/J. B~8I,~Y 0.00 50.35 1020 588227 09/28/01 1242 TNSTY- PRINTS 1101050 B. CARDS/M. M~SKI 0.00 50.]5 TOTAL CHECK 0.00 212.20 1020 588228 09/28/01 2392 IITi~IOR S¥S~UL~ AND SER 1109215 R~DRL FINANUE DEPT S 0.00 6500.00 1020 586229 09/28/01 M ISETORP, SUSAN 950 UEI:~ 9255 & 9256 0.00 68.00 1020 568230 09/26/01 2389 J.L.M~TTHEWS CO INC 1108630 MISC MATERIALS AS P~R 0.00 152.]4 i 568231 09/26/01 M 1~, ANIRUDDHA 580 Refund: Check - S~R 0.00 5.50 1020 5862]2 09/28/01 M F~H, KAREN 580 Refund: Cheek - FALL. 0.00 28.00 1020 588233 09/28/01 372 Kll~,O*S INC 5706450 COPI]~/IJ~INATIUE SS]tV 0.00 3].46 1020 586234 09/28/01 M E/RGIS, D~ISE 8 580 Re£und: Check - S~]~ 0,00 11.00 1020 588235 09/28/01 M KIRTL~Y, DEBORAH 580 Refund: Cheek - SUI4~ER 0.00 5.50 1020 588236 09/28/01 377 P=;-r~K ]~O~gT.~. 5808249 SERVTCK AC.-9~S~IT FOR 0.00 311.50 1020 58823? 09/28/01 2467 L. F~SSLER & CO., INC. 5806345 SUPPLIES P.0.16890 0.00 92.70 1020 586238 09/28/01 H2002 I-%'rTILA, MICHAEL J. 1108201 0LI~LIFTBD APP,. C~KT 0.00 15.00 1020 588238 09/28/01 M2002 LAITILA, I~ICH/~L J. 1108201 BX~M/I,AN,REG & PR'rNCIP 0.00 25.00 TOTAL CH~CK 0.00 40.00 1020 5682]9 09/28/01 M LAU, ALICE 560 Refund: Check - SU~R · 0.00 11.~0 1020 588240 09/28/01 2300 BAitBJ~RA ~ 5506549 YOGA CLASS INSTRUCTION 0.00 ]20.00 1020 588241 09/28/01 M LEE, J00-Y~O~ 590 Re£und: Cheek - PALL. 0.00 ' 45.00 1020 588242 09/28/01 M LEE, LI-YANG 580 Refund: Check o S~ 0.00 16.50 102~. 588243 09/28/01 M I~U~Q. LOUISE 580 Refund: Check - SUI~4BR 0.00 27.50 ]tU~ DAT~ 09/27/01 TIM~ 11:]9;18 - FINANCIAL ACCOUNTING 09/27/01 CITY OF CUPERTINO PAGE ACCO~ING P~RIOD: 3/02 CH~CK REGISTER - DISBURSeMEnT FUND SEI~CTION CRITERIA: transect.=rans_date between ~09/24/2001" and "09/28/3001" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FU~D/DEPT ..... DESCRIPTION ...... SALES TAX AMOU~T 1020 588244 09/28/01 M LI~t~TG, G~JO-C~ 580 Refund: C~eck - S~4E~ 0.00 5.90 1020 588245 09/28/01 M LIN, I~J-LIN 580 Refund: Check - FALL. 0.00 61.00 1020 508246 09/20/01 M ?~AHONEY, MICHAEL 550 I~FD CANCELED SFO TRIP 0.00 45.00 1020 588247 09/28/01 940 MILPITAS NOWERS INC 8308840 REPAIRS P.O.15382 0.00 91.78 1020 588248 09/28/01 447 MISSION ~IIFOEH SERVICE 1108201 FY 2001-2002 OPEN PURC 0.00 89.76 1020 588248 09/28/01 447 MISSIONGRIFOENSERVICE 1108201 FY 2001-2002 OPEN P~'RC 0.00 89.76 TOTAL C~CR 0.00 179.92 1020 508249 09/28/01 2440 M0, ~ F. 5506549 %'CD FOR KA~KE SOCIAL 0.00 54.42 1020 588250 09/28/01 459 HEATHER MOLL 5806249 SERVICE AGR~ENENT FOR 0.00 406.00 1030 588251 09/28/01 1036 ENRIQUE MOnA 5506549 P~EPAIR SERVICES 0.00 193,23 1020 588252 09/28/01 M2002 NORgYI~'a~AONENGINEERING 110 REFDUNUSEDNAILINGDP 0.00 135.51 1020 588253 09/28/01 465 MO~H~TAIN VIEW GARDEN CEN 1108303 FY 2001-2002 OPEN PURC 0.00 97.04 1020 588253 09/28/01 465 NOUNT~t~N VIER GAEDSN CEN 1108312 FY 2001-2002 OPEN PURC 0.00 125.50 1020 588253 09/28/01 465 MOUNTAIN VIER GARDER CEN 1108314 FY 2001-2002 OPEN PURC 0.00 1020 588253 09/28/01 465 HOTHqTAINV~EW GA~ CEN 1108303 FY 2001-2002 OPEN PURC 0.00 1020 588253 09/28/01 465 MO~AZN VIEH GABDER CEE 1108312 FY 2001-2002 OPEN PURC 0.00 232.86 1020 580253 09/28/01 465 HO~AXN VIEW GARDEt; CEN 1108303 FY 2001-2002 OPEN PURC 0.00 374.20 TOTAL CHECK 0.00 1082.43 1020 588254 09/38/01 470 NGSSON T~TRICAL 1103501 SUPPLIES P.O.16420 0.00 378.00 1020 589255 09/28/01 M MY$OP~, SHIVA~ 980 Refund: Check - S~4gR 0.00 12.60 1020 588256 09/28/01 M N~,N, MEENA/~SHI 580 Ref%u~d: Check - E~ 0.00 11.00 1020 588257 09/28/01 M NANDI, SIDDHARTHA 580 Refund: Check - SUeR 0.00 11.00 1020 588258 09/26/01 302 NATIONAL DEFEPJ~D C~ 110 *NATAL DEF 0.00 16262.47 1020 588259 09/28/01 400 NELSEN ~NGINEERI'NG 2709430 SERVICE AC~E~ FOR 0.00 2530.00 1020 588260 09/28/01 1398 NORTHEP, N TOOL & ~QUII~ 1100312 SUPPLIES P.O.15378 0.00 252.71 1020 508261 09/28/01 2488 NORT~AX WEST 6309040 SUPPLIES P.O.15390 0.00 77.82 1020 588262 09/28/01 M3002 O'BRIERGROUP 110 REPD~USED GEOLOGY DP 0.00 44.82 1020 588263 09/28/01 N2002 OAK GROVE SCHOOL DISTRIC 5806349 BUS TRIPE 8/02 0.00 995.00 1020 588265 09/28/01 493 OFFICE DEPOT 1107301 ~UPPLZES 0.00 187.77 1020 588259 09/28/01 493 OFFICE DEPOT 1107903 SUPPLIES 0.00 1020 588265 09/20/01 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 09/27/01 T[~ ~1:39:19 - FI~CIAL ACC0~I~ 09/27/01 CITY OF tW~PERTINO PAGE 6 ~ING PERIOD: 3/02 CHECK~EGIST~R - DISBI~S~ENT F~qD SF~I'ION CRITEF. IA: =ransac~.~r&ns_da=e be=ween '09/24/2001' and FUND - 110 - GENERAL FOND CASH ACCT CHECK NO ISSUE DT .............. V--~RDOR ............. FUND/DEPT ..... DESCRIPTION ...... SAILS TAX AMOUNT 1020 588265 09/20/01 493 OFFICE DEPOT 1102100 SUPPLIES 0.00 12.64 1020 888255 09/28/01 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 102.92 1020 500265 09/20/01 493 OFFICE DEPOT 1108201 ~ SUPPLIES 0.00 1020 588265 09/28/01 493 OFFIC~ DEPOT 1104510 SUPPLIES 0.00 18.20 1020 888265 09/20/01 493 OFFIUE DEPOT 1106265 · SUPPLIES 0.00 30.58 1020 588265 09/20/01 493 OFFICR DEPOT 1108101 SUPPPLIES 0.00 46.50 1020 888255 09/20/01 493 OFFIC~ DEPOT 1107503 SUPPLIES 0.00 26.57 1020 588265 09/28/01 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 103.23 1020 606265 09/26/01 493 OFFICE DEPOT 1107503 SUPPLIES 0.00 32.56 1020 506265 09/28/01 493 OFFIC~ D~POT 1107503 SUPPLIES 0.00 -32.58 1020 568265 09/28/01 493 OFFICE DEPOT 1104400 SUPPLIES 0.00 193.64 1020 688265 09/28/01 493 OFFICE DEPOT 2204010 SUPPLIES 0.00 1020 500265 09/28/01 493 OFFICE DEPOT 1104000 SUPPLIES 0.00 124.69 1020 580268 09/28/01 493 OFFIC~ DEPOT 1104810 ~PPLIES 0.00 52.91 1020 588265 09/20/01 493 OFFICE DEPOT 1108601 SUPPLIES 0.00 62.10 1020 500265 09/20/01 493 OFFIC~ D~POT 1107301 SUPPLIES 0.00 56.45 1020 588265 09/20/01 493 OFFICE DEPOT 1104000 SUPPLIES 0.00 06.20 1020 566265 09/20/01 493 OFFICE DEPOT 1101000 SUPPLIES 0.00 104.22 1020 580265 09/20/01 493 OFFICE DEPOT 1103500 SUPPLIES 0.00 53.14 1020 508265 09/28/01 493 OFFIUE DEPOT 1104300 SUPPLIES 0.00 29.16 1020 588265 09/26/01 493 OFF~CE DEPOT 1108201 ~UVPLIES 0.00 265.59 1020 500265 09/28/01 493 OFFIUE DEPOT 1101201 SUPPLIES 0.00 69.10 1P'~ . 508285 09/28/01 493 OFFICE DEPOT 1103300 SUPPLIES 0.00 92.79 1 500265 09/28/01 493 OFFICE DEPOT 1104000 SUPPLIES 0.00 106.98 1020 508265 09/28/01 493 OFFIC~ DEPOT 1104000 P. ETU~N SUPPLIES 0.00 -?9.2? -~.~&-AL ~IEC~ 0.00 2116.37 1020 590266 09/28/01 495 OFFIC'~ I~L~ES 1104300 FY 2001-2002 OPEIq PIA~ 0.00 3.06 1020 588266 09/28/01 495 OFFI~ IIELP~R 1104300 FY 2001-2002 OPBN PURC 0.00 8.54 1020 508266 09/20/01 495 OFFICE H~LPES 1104300 FY 2001-2002 OPEN I~]~C 0.00 20.56 1020 508266 09/28/01 495 OFFICE ~ELPER 1104300 FY 2001-2002 OPEN PURC 0.00 53.04 TOTAL CHECK 0.00 85.20 1020 588267 09/20/01 M OKUBO, #AYN~ 580 Refund: Check - FALL. 0.00 4~,00 1020 588268 09/28/01 501 OP~qATING ENGINEERS #3 110 T~(IONDD~S 0.00 554.00 1020 588269 09/28/01 981 ORCharD ~u'Pp~YHARDWA~E 1108409 SUPPLIES P,O.10389 0.00 43.19 1020 588270 09/28/01 M ORKO, INKA 580 Refund: Check - ~ 0,00 22.00 1020 588271 09/28/01 505 OP/AtlDI T~AI~BR 6308840 SUPPLIES P.O.15358 0.00 1020 5882?2 09/28/01 M ORTI~, VERONICA 500 Refund: Check - 6~4~ 0,00 11.20 1020 588273 09/28/01 S0? DAN OSBOP/~E DBA:OSBORNE 2?08405 TI~,'~/MA'I"~RIALS 0.00 882.64 1020 5882?3 09/28/01 S0? DAN OSB0~/~E DBA:OSBOP~E 2?08405 TIME/MATErIALS 0.00 385.93 1020 5882?3 09/28/01 SO? DA~ OSBO9/~E DBA:(ISB0~E 1100503 TI~B/MATERZALS 0.00 2359.4? TO~AL C/~UE 0.00 3628.04 1~ 5882?4 09/28/01 833 P E R $ 110 PB~S 1959 0.00 112.53 RUE ~ 09/27/01 TI~ 11:39:20 09/27/01 CITY OF CUPERTINO P;~E 7 ACCOONTING PERIOD: 3/02 CHECK REGISTER - DISEURSEHENT FUND SRT.~CTXON CRITERIA: ~ranaac~.Crans_da~e be~veen '09/24/2001~'and ~09/28/2001~ CASH ACCTCH~CKI~O X$SU~ DT .............. VBI'~OR ............. FU'~/DSI:~ ..... DE$CRIPTXOW ...... SAI~RS TAX AMOUITI' 1020 588274 09/28/01 833 P E R E 110 spurs BYBK 0.00 451.12 1~20 588274 09/28/01 833 P E R $ 110 PERS EMPTY 0.00 23945.63 1020 588274 09/28/01 833 P E R $ 110 pSRS BU~BK 0.00 37.52 1020 588274 09/28/01 833 P R R 5 110 *PERS BYBK 0.00 269,95 1020 588274 09/28/01 833 P E R $ 110 P~RS SPUC 0.00 96.76 TOTA~ CHRCI O.00 24913,51 1020 588275 09/28/01 511 PACIFIC BE~-~. 8104800 INSTALL & I r40. SERV 0.00 624.38 1020 588276 09/28/01 513 PACIFIC G~S & ET.;CTRIC ( 1108407 E~EC/'RIC 5/31-7/02 0.00 7.29 1020 588276 09/25/01 513 pACIFIC GAS & ET.J;CTRZC ( 1108602 ELECTRIC 6/19-9/19 0.00 112.94 TOTAL CHECK 0.00 ~20.23 1020 588277 09/28/01 513 PACIFIC GAS & ELECTRIC ( 1108830 E[~ECTRIC 6/1-8/30/01 0.00 19396.06 1020 588278 09/28/01 513 PACIFIC GAS & ELECTRIC ( 1108504 ELECTRIC 90 DAYS TO 8/ 0.00 25278.84 1020 588280 09/28/01 515 PACIFIC WEST SEC/~ITY IN 1108504 FIRm SYSI'~4 DUC 2001 0.00 199.00 1020 588280 09/28/01 515 PACIFIC H BET SEC~q~Z~Y IN 1108504 FIRE S¥STENNOV 2001 0.00 199.00 1020 588280 09/28/01 815 PACIFIC HEST SECURITY IN 1108506 SECURITY/FIRE NOV 2001 0.00 45,00 1020 588280 09/28/01 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE DEC 2001 0.00 45.00 1020 588280 09/28/01 515 PACIFIC HEST SECURITY IN 1108507 SECURITY SYSTEN OCT 20 0.00 38.~0 1020 588280 09/28/01 515 PACIFIC NEST SECURITY 1N 1108503 SRCURITY/FIRE DSC 2001 0.00 1020 568280 09/28/01 515 PACIFIC NEE? SECURITY IH 1108504 PIl~ SYS~EN OC~ 2001 0.00 15. 1020 588280 09/28/01 515 PACIFIC NEE? SECURITY IH 1108503 SECURITY SYSTEM DSC 20 0.00 36.00 1020 588280 09/28/01 515 PACIFIC HEST SECURITY IN 1~08503 SECURITY S¥5'1'~4 NOV 20 0.00 36.00 1020 S88280 09/28/01 SI5 PACXFIC NBS? SECURXTY XW 1108503 SECURITY SYSTEM OCT 20 0.00 36.00 1020 588280 09/28/01 515 PACXFXC #KS? SECURITY 1N 1108503 SECTJRITY/PXRJ; NOV 2001 0.00 78.00 1020 588280 09/28/01 515 PACXFXC NEST SECURITY XN 1108501 SECUR~TY/FXRE DEC 2001 0.00 122, O0 1020 588280 09/28/01 515 PACXFXC J~ SECURITY XN 1108501 $RCURXTY/PXRR NOV 2001 0.00 122~00 1020 588280 09/28/01 515 PACXFXC REbel' SECURITY XN 1108501 SECURXTY/PXRE OCT 2001 0.00 122.00 1020 588280 09/28/01 SI5 PACIPXC NEST $ECUltXTY XW 1108507 FXRE OCT 2001 0.00 160.00 1020 588280 09/28/01 S15 PACIFIC REST $ECURXTY IN 1108505 $ECURXTY SYSTEM ~OV 20 0.00 45.00 1020 588280 09/28/01 515 PACIFIC NEST $RC~XTY IH 1108501 ACCESS ST~':-JSM DFC 2001 0.00 101.00 1020 588280 09/28/01 515 PACIFIC WEST $ECURXTY IW 1108507 SECURITY NOV 2002 0.00 38.00 1020 588280 09/28/01 515 PACIFIC WEST SECURITY IN 1108507 PIRJ~ ~OV 2001 0.00 160.00 1020 588280 09/28/01 515 PACIFIC WEST SECURI~'~ IN 1108503 $ECUltITY/FXRE OCT 2001 0.00 78.00 1020 S88280 00/28/01 S15 PACIFIC JIEST SECURITY XN 1108507 $ECLTRITY DEC 2001 0.00 38.00 1020 588280 09/28/01 515 PACXFXC ~SST SECURITY IN 1108508 SECURITY OCT 2001 0.00 36.00 1020 588280 09/28/01 515 PACIFIC NEST SECURITY IN 1108508 SECURITY NOV 2001 0.00 36.00 1020 588280 09/28/01 515 PACIFIC H~ST SECURITY IN 1108508 SRC[~tITY DSC 2001 0.00 36.00 1020 588280 09/28/01 515 PACIFIC REST SECURITY IN 5708510 SECURITY/FIRE OCT 2001 0.00 136.00 1020 588280 09/28/01 515 PACIFIC ~ST SECURITY IN 5708510 SECURITY/FIRE NOV 2001 0.00 136.00 1020 588280 09/28/01 515 PACIFIC WEST SECURITY IN 5708510 SECURITY/FIRE DUC 2001 0.00 136.00 1020 588280 09/28/01 915 PACIFIC WEST SECURITY IN 1108511 SECURITY/FIRE OCT 2001 0.00 68.00 1020 588280 09/28/01 515 PACIFIC ~? SECURITY 1N 1108505 8$CURITY SYSTEM DSC 20 0.00 45.00 1020 588280 09/28/01 515 PACIFIC REST SECURITY IN 1108511 SBCT.~,ITY/PIR~ NOV 2001 0.00 68.00 1020 588280 09/28/01 515 PACIFIC NEST SRCDRITY IN 1108511 SECURITY/FIRE DSC 2001 0.00 68.00 1020 588280 09/28/01 515 PACIFIC NEST SECURITY IN 1108501 ACCESS SYST'EM ~ 2001 0.00 101.00 1020 588280 09/28/01 515 PACIFIC WEST SECURITY IN 1108501 A~8 S¥$'1"~4 NOV 2001 0.00 101 1020 588280 09/28/01 515 PACIFIC ~S? SECURITY I~ 1108507 FIRE DEC 2001 0.00 16' 09/27/01 TZ~ 11:39:21 - PI~CZ~ AC~INO 09/27/01 CITY OF CUPI~ItTII{0 PAGE 8 ACCOUNTING PgRIOD: 3/02 CH~CK REGISTER - DZSBURS~,I~-~' ~ FLUNG - 110 - G~I~SRAT~ FU-dD TOTAI, CHECI~ 0.00 3192.00 1020 588281 09/28/01 1952 PAPA 1108201 DU~5 R.RECORDS 0.00 27.00 1020 588281 09/28/01 1952 P~PA 1108201 DU~S C.NABUTAS 0.00 27.00 TOT/~,.T,~ C~CK 0.00 54.00 1020 588282 09/28/01 H pAR,~DISE, DX,'M~. 580 Refund: Check - Rental 0.00 100.00 1020 588283 09/28/01 1741 PC IL-'O~C'I'ION ~NC 6109856 S~R'V"BR QUO'I~ ~ UPGRA 0.00 1140.01 1020 588283 09/28/01 1741 PC C(:~N~CI'XON XNC 6109858 SERVER QUOTE ~M; UPGR~ 0.00 750.00 1020 588283 09/28/01 1741 PC CONI~CTXON XNC 6109856 SERVER ~ ~ UPGRA 0.00 1105.00 1020 588283 09/28/01 1741 PC C(~I~C'I'~ON XHC 6109887 MXCROSOFI' PROOSCT 2000 0.00 2736.00 1020 588283 09/28/01 1741 PC COt~C~XON ZNC 6109867 H~CROSOFT PRO,~CT 2000 0.00 1953.00 TO'I'~C]~CK 0.00 13489.20 1020 588284 09/28/01 M pSI~iG, TED 580 Refund: Check - SU~4ER 0.00 11.00 10~''' 588285 09/28/01 533 PBRS IA~G ~'BRN CARE PROG 110 PBRS LTC/ACC'~ 2405 0.00 262.16 102u 588286 09/28/01 SGG R.V. cr.A)UD CO. 110840? SUPP~XES/PARTS 0.00 41.53 1020 588287 09/28/01 H RA.~;, EI,XZAB~TH 580 Refund: Check - FJ~IZ,. 0.00 47.00 1020 588288 09/28/01 H2002 R~CORDS, JO~l 1108201 (~U~.~XFIED CERT/LIC/T~S 0.00 25.00 1020 588289 09/28/01 581 RS~IABI,E 1104300 SUPPLIES P.0.12078 0.00 185.15 1020 588289 09/28/01 581 RBLZABT'I~ 1104300 SUPPLIES P.0.12079 0.00 8.22 TOTA~ C~ISCX 0.00 193.37 · OTA~C~SCK 0.00 3754.00 1020 588291 09/28/01 2491 RESERVB ~J~"OUN~ 1104310 RBSB~ POSTAGE ~-J~t 0.00 20000.00 1020 588292 09/28/01 2482 RHI COI~tU~TING 6109865 CC~SU~TAIgT #/~ 9/14 0.00 2000.00 1020 588292 09/28/01 2482 RHI C:Q~SULTZNG 6109865 CONSUI~TING #/5 9/21 0.00 2000.00 TOTAL CHECK 0.00 4000.00 1020 58829~ 09/28/01 600 ROTO-ROOTERSBWSRS~RVIC 1108506 DRA~NC~0U~ 0.00 95.00 1020 588254 09/28/01 M R~q~IN, DIMITRI 580 Refund: Check - FA3J,. 0.00 599.00 1020 588295 09/28/01 2043 NUDE'S PEST H~3~G~XSNT 1108501 CHANGED BAIT STATIONS 0.00 130.00 1020 588255 09/28/01 2043 RT.q)~'S P~S~ HANAG&~T 1108506 C}G~iGgD BAZT STATICS 0.00 260.00 10~''-~' 588295 09/28/01 2043 ]t~q)~S PSST 14~2~GB)~;IT~ 1108314 CHANGED BAIT STATICES 0.00 130.00 R~ D~TE 09/27/01 TII~ 11:39:22 09/27/01 CITY OF CUPERTINO PAGE 9 ACCCX~ITING PERIOD: 3/02 CHECK REGISTER - DISBURS~WENT FU~D SEleCTION ~I~RIA: ~ransac=.=rans_~e be=ween "09/24/2001' and ~09/28/2001· ~ - 110 * G~ ~ ~H A~ ~CK NO IS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~ION 1020 588295 09/28/01 2043 R~S PEST ~ 1108~02 ~ED ~IT STATIONS 0.00 130.00 1020 S88295 09/28/01 2043 R~E*S PEST ~ 1108504 S~VI~S · QUX~XN ~ 0.00 150.00 1020 588295 09/28/01 2043 R~EeS PE~ ~ 1108314 S~VI~S · ~T~ P~K 0.00 600.00 1020 588295 09/28/01 2043 R~*S PEST ~ 1108314 S~VI~ · L~ VISTA 0.00 425.00 ~ ~CK 0.00 1825.00 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 O~ ~C 0.00 45.00 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 35.00 1020 508296 09/28/01 437 S V C N 1104300 ~ 2001-2002 O~ ~C 0.00 65.00 1020 588296 09/28/0~ 437 S V C N 1104300 FY 2001-2002 OP~ ~C 0.00 47.50 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 45.00 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 105.00 1020 508296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 20.00 1020 S88296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 57.50 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 O~ ~C 0.00 162.50 1020 588296 09/28/01 437 S V C N 1104300 .~ 2001-2002 OP~ ~C 0.00 115.00 1020 588296 09/28/01 437 S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 142.50 1020 588296 09/28/01 437 S V C N 1104300 ~ 200~-2002 OP~ ~C 0.00 142,50 ~ ~CK 0.00 982,50 1020 588297 09/28/01 345 ~ ~CIS~ E~A~R 1108502 ~ 2001-2002 OP~ ~C 0.00 145.08 1020 588297 09/28/01 345 ~ ~XS~ ~A~R 1108501 ~ ~ 0.00 1020 588298 09/28/01 2465 ~J~R ~~, X 1108504 TI~/~'z'~I~ 0.00 337.96 1020 588299 09/28/01 959 ~E ~R~Y ~S 5506549 ~L 52 W~ 10/01-10/ 0.00 136.73 ~020 S89300 09/28/01 M ~Z, ~ 580 Ref~d: ~eck - 1020 588301 09/28/01 1360 ~A ~ ~XFZ~ S~O 5806349 ~ ~ ~ FOR SSF 0.00 555.00 1020 588302 09/28/01 1764 ~A ~, ~ OF 1104510 ~ ~E ~2001-02 0.00 4200.00 1020 588303 09/28/01 2057 SBC ~TA~ 6104800 ~DITI~ T1 ~E~ ~ 0.00 734.65 1020 S88304 09/28/01 M S~BY, JI~ ~80 Ref~ ~eck 1020 588305 09/28/01 1488 S~ 1108830 S~PLX~ P.O.20580 0.00 16.18 1020 588305 09/28/01 1488 S~ 1108830 S~PLIRS P.O.20561 0.00 15.63 ~ ~ 0.00 31.81 1020 588306 09/28/01 M ~Y, ~X~ S80 Reft: ~eck - ~ 0.00 49.50 1020 588307 09/28/01 M SI~, ~ 580 Ref~ ~eck - F~. 0.00 40.00 ~020 588308 0~/28/01 1152 ~M ~ZB ~I~ 1104300 KZ~*S BI~I~ S~VXC 0.00 86.51 1020 ~88308 09/28/01 1152 KZM ~IE ~X~ 1104300 L~ ~ ~Y ~INI~ 0.00 36.91 1020 588308 09/28/01 1152 KZM~IE ~I~ 1104300 ~T ~ P~ ~ 0.00 286.30 1020 588308 09/28/01 1152 KIM ~g ~X~ 1104300 ~Y ~ FEE 0.00 4' ~O ~ 0.00 4 RU~ DAT~ 09/27/01 TXI,~ 11:39:23 - FINANCXA,~ ACCO~ITXI,~ /./_/o 09/27/01 CITY OF CUPERTINO P~E 10 ACCOU~TZ~I~ PERIOD: 3/02 CHECK REGISTER - DISBURSE~I4T ~ Er'- 'TON CRITERIA: transact.traM_date bet~ween u09/24/2001' and '09/28/2001' 1020 588309 09/28/01 H SNYDER, ALLEN 880 REFT. AqD CANCELED SFO TR. 0.00 90.00 1020 588310 09/28/01 H SORBNSON, TERRY 580 Re~: ~eck - ~ 0.00 ~6.50 1020 588312 09/28/01 1954 S~ION ~R~TI~ 1108101 ~.~p H/K 9/9 0.00 850.50 1020 58831~ 09/28/0~ 1954 S~IOH ~TI~ 2108101 3.~EOR~ H/E 9/9 0.00 864.00 ~ ~CK 0.00 ~714.50 1020 5883Z2 o9/28/ol 677 STA~ S~ ~ & ~ ~10 *~ DEF 0.00 196~.79 Z020 5883~3 09/28/0~ ~002 ~ ~I~ S~VI~ ~10 ~ ~ G~IC D 0.00 1020 5883~4 09/28/0~ 2492 S~, ;A~ZE 5606620 ~l~ 0.00 180.54 ~020 5883~5 09/28/01 M S~ZY~, ~0~ 58O Ret~: ~eck - ~ 0.00 5.50 ~020 5883~6 09/28/0~ 529 ~ ~TI~, ZNC 6104800 ~TA LI~ ~ 8/200~ 0.00 Z03.20 ~020 5883~7 00/28/01 M S~, ~L 580 aef~d: ~eck - F~. 0.00 4S.00 ~020 S883~8 09/28/0~ ~825 ~IOR ~Z~ION 6308840 ~l~ P.0.~5396 0.00 332.97 ~ 5883Z9 09/28/0~ ~002 S~g ~ ~ 2107302 ~B F~ ~ 0.00 50.00 1020 588320 09/28/0~ M $Z~, ~I 580 Reft: ~eck - F~. 0.00 22.50 ~020 58832~ 09/28/G1 ~002 T~, Y~ ~00000 ~ ra~ 2~670 ~l 0.00 2370.00 ~020 S8832~ 09/28/0z ~002 T~, Y~ ~00000 ~ ~KS 2~670 ~l 0.00 75.00 ~020 58832~ 09/28/0~ ~002 ~, Y~ ~0 ~ ~s 2~670 ~ 0.00 84;2.49 2020 58832~ 09/28/0~ ~002 T~, Y~ 2Z50000 ~ ~ 2~670 ~Z 0.00 ~ ~CK 0.00 11222.49 1020 588322 09/28/01 701 T~ ~ 1106265 ~ZES P.O.23895 0.00 34.52 1020 5B8322 09/28/01 701 T~ S~ 5806349 ~P~ES P.O.23361 0.00 8.09 1020 588322 09/28[01 701 T~ET ~ 1108314 ~Z~ P.O.153V2 0.00 75.59 1020 588322 09/28/01 701 T~ S~8 5806449 ~IE8 P.O.23809 0.00 17.27 ~ ~ 0.00 135.4~ 1020 588323 09/28/01 M ~, ~A ~80 Re~: ~eek - F~. 0.00 18.50 1020 588324 09/28/01 1993 ~ OF ~ ~ 110 A ~PRZ ~ 56639~126 0.00 161.54 1020 58~325 V 09/28/01 15~8 ~I~ ~ 2708404 ~I~8 P,O.15392 0.00 -91.80 1020 588325 V 09/28/01 1578 ~Z~ ~ 1108321 ~P~Z~ P,O.153~7 0.00 -159.13 1020 S8~325 09/28/01 1~V8 ~ ~ 2708404 S~Z~ P.O.1~392 0.00 91.80 1020 588325 09/28/01 15~8 ~Z~ ~ 1108321 ~P~IBS P.O.15387 0.00 189.13 ~ ~ 0.00 0.00 10~ 588326 09/28/01 1184 ~I'~ ~Y OF ~ ~ 110 ~1'~ NAY 0.0O 139.25 DATE 09/27/01 TTI~ 11:39:24 o FINANCIAL ACCOUNTTHG 09/27/01 CITY OF CUPERTINO PAGE 11 ACCOUNTZNG PERIOD: 3/02 CHECK REGISTER - DISBURSENENT FUND SELECTION CRITERIA: transact.trane_date between -09/24/2001" and "09/28/2001· FUND - 110 - GENERAJ~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FU~/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588327 09/28/01 310 VERIZON WIRELESS (FORI4ER 1108504 #409456999 SERV AUG 20 0.00 328.49 1020 588327 09/28/01 310 VERIZON WIRELESS (FOR~R 1108602 #409456999 SERV AUG 20 0,00 21.42 1020 588327 09/28/01 310 VERISON WIRELESS {FOR~ 1108905 #408456999 SERV AUG 20 0.00 79.?3 1020 558327 09/28/01 310 VERISON WIRELESS (FOR~4ER 5606620 #409496999 SERV AUG 20 0.00 42.31 1020 588327 09/28/01 310 VERIZON WIRELESS (FORMER 6104800 #409456999 SSRV AUG 20 0.00 29.03 1020 588327 09/28/01 310 VERIZON WIRELESS CFOR~R 1108501 #408456999 UPGP, ADE PHO 0.00 244.99 1020 58832? 09/25/01 310 VERIZON WIRELESS (FOR~4ER 5208003 #405455999 SERV AUG 20 0.00 17.15 1020 588327 09/28/01 310 VERIZON WIRELESS (FOR~R 1108901 #409456999 SERV AUG 20 0.00 913.91 1020 588327 09/28/01'310 VERIZON WIRELESS (FOP~R 1101200 #408456999 SERV AUG 20 0.00 36.64 1020 588327 09/28/01 310 VERIZON WIRELESS (FOR~IER 1108503 9408496999 SERV AUG 20 0.00 99.03 1020 588327 09/28/01 310 VERIZON WIRELESS (FOR~ER 1107503 #408456999 SERV AUG 20 0.00 358.38 1020 588327 09/28/01 310 %~RIEON WIRELESS {FOP~ER 1107501 #405456999 SERV AUG 20 0.00 1241.53 1020 589327 09/28/01 310 VERIZON WIRELESS (FOR~4ER 1108201 #408456999 SERV AUG 20 0.00 85.69 1020 580327 09/28/01 310 V~RIZON WIRELESS (FOP~R 1108102 #408456999 SERV AUG 20 0.00 211.29 TOTAL (~HECK 0.00 3309.59 1020 598328 09/28/01 745 VMI INC 1103901 RENTAL ~APTOp 'P.0.1643 0.00 405.00 1020 588329 09/28/01 766 WEST BAY ST~P REMOVA~ I 1108408 S~3MP GRINDING 51 STUM 0.00 1836.00 1020 588330 09/28/01 774 WESTERN HIGHWAY PRODUCTS 2708405 FY 2001-2002 OPEN PURC 0.00 804.60 1020 588330 09/28/01 774 WESTERN H~GHWAY PRODUCTS 2708405 FY 2001-2002 OPEN PURC 0.00 378 ~ TOTAL CHECK 0.00 11[ 1020 588331 09/28/01 M WOODS, LYNN 580 Refund: Check - FALL. 0.00 90.00 1020 588332 09/28/01 794 XEROX CUR~ORATION 1104310 FY 2001-2002 OPEN P~C 0.00 1209.~0 1020 580332 09/28/01 794 XEROX CORPORATION 1104310 FY 2001-2002 OPEN ~URC 0.00 1209.71 TO~AL CHECK 0.00 2419.31 1020 588333 09/28/01 1081 Y~I'S NURSERY 1108303 SUPPLIES P.O.15395 0.00 113.21 1020 598333 09/28/01 1091 y~t~I~S NURSOY 11083~3 SUPPLIES P.O.15394 0.00 489.03 TOTAL CHECK 0.00 598.24 1020 588334 09/28/01 M YAZSEKo LOUBNA 580 Refund: Check - FALL, 0.00 65.00 1020 588335 09/25/01 N YOU~o CARRIE 580 Refund: Check - FALL. 0.00 84.50 1020 588338 09/28/01 M ZI~4ER~, PATRICIA 580 REFUNDS 113029 & 11303 0.00 100.00 TOTAL CASH ACCOUNT 0.00 423278.24 TOTAL FUND 0.00 423278.24 TOTAL R~PORT 0.00 423275.24 RUN DATE 09/27/01 T~M~ 11:39:25 - FINANCIAL ACCOUNTING RESOLUTION NO. 01-218 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 OCOTBER 5, 2001 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 day of ,2001, by the following vote: Vote Members of the CiW Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of CUPertino 2-/.-/3 10/05/01 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMEN~ FUND SELECTION CRITERIA: ~ransac~.~rans_da~e between "10/01/2001" and "10/05/2001" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 587558 V 08/31/01 2049 RAIb-VOLUTION/AB~ 1101070 REG FEE E.KWOK/M.AUERS 0.00 -650,00 1020 587642 V 09/07/01 M2002 DIRECT TV 5606620 REIMBLIRSE VEHICLE REPA 0.00 -595.02 1020 588338 10/05/01 2110 ABC SACKFLOW TESTING REP 5606640 TIME & MATERIAL 0.00 150.00 1020 588318 10/05/01 2110 ABC RACNFLOW TESTING REP 1108312 TIME & MATERIAJ~ 0.00 375.00 1020 588338 10/05/01 2110 ABC BACKFLOW TESTING REP 1108321 TIME & MATERI]LL 0.00 200.00 TOTAL CHECK 0.00 725.00 1020 588339 10/05/01 M AHN, YUN 580 Refund: Check - FA~L. 0.00 32.00 1020 588340 10/0S/01 2423 AIR CON MECHANICAL INC 5708510 TII4~ AND MATERIAL 0.00 295.95 1020 588341 10/05/01 1884 ~J~EETSONS-NOR~IERN DIVI 5806349 SUPPLIES/PO 23358 0.00 36.16 1020 588341 10/05/01 1884 AJaBEETSONS~NOE~IERN DIVI 5806349 SUPPLIES/PO 16869 0.00 303.13 T~TTAL CHECK 0.00 339.29 1020 588342 10/05/01 ~ ALGSEIo RUTH 580 Refund: Check - PALL. 0.O0 84.00 1020 588343 10/05/01 2319 ALL CI~ MANAGEMENT SERV 1108201 PUNLIC WORKS COIT~RACT 0.00 7487.40 1020 588344 10/05/01 1533 ~-q~Y OF FLOWERS 5606620 SUPPLIES 0.00 88.34 1020 588345 10/05/01 M2002 A~KARI, STEV~N 110 DE%r~Lp~MAII~T RF~ 0.00 .9 1020 588346 10/05/01 M2002 ASSOCIATED CO~CTOP~ C 1100000 EFND ENRGY FEE 0.00 121.17' 1020 588346 10/05/01 M2002 ASSOCIA~D COIT~RAC~RE C 1100000 RFND PI~ CK FEE 0.00 343.33 1020 588346 10/05/01 M2002 ~.gSOCIATED CUIq~RAC~FOES C 1100000 RF~D BLDG PRr4T 0.00 403.92 TOTAL cTr~cK 0.00 868.42 1020 588347 10/05/01 71 R & R ICE CREAM DIST 5608620 ~"f 2001-2002 'OP~ PURC 0.00 225.00 1020 588348 10/05/01 M SAGE, ATUL 580 Refund: Check - Ren=al 0.00 100.00 1020 588349 10/05/01 2036 BAY ~,q~AAIE OUALITY~dM 6308840 ~ PERMIT EEN1~WAL 0.00 88.00 1020 588350 10/05/01 M BEN DAVID, ESTEER 580 Refund: Check - FALL. 0.00 100.00 1020 588351 10/05/01 91 DR JOEL BERGER 5806449 S~RVICE A~REEM~NT POE 0.00 84.00 1020 588352 10/05/01 M2002 BEVERLY DUBRIN*S 5506549 2 YR SUBSCRIPTIUN 0.00 60.00 1020 588353 10/05/01 100 EMI IMAGING SYSTEMS 1104300 FY 2001-2002 OPeN PURC 0.00 S04.62 1020 588353 10/05/01. 100 BM! IMAGING SYSTENS 1104300 FY 2001-2002 OPEN PURC 0.00 1521.27 TO~AL CERCX 0.00 2025.89 1020 598354 10/05/01 M BREITMAYER, BARBARA S80 Refund: Check ~ FALL p 0.00 87.00 1020 588355 10/05/01 872 BSA ARCHITECTS 4249210 ADDITIONAL ENC~RANCE 0.00 1144.77 1020 588355 10/05/01 872 BSA ARCHITECTS 4249210 ADDITIONAL WORN ON PRO 0.00 14477.53 1020 588355 10/05/01 872 BSA ARCHITECTS 4249210 CHANGE ORDER #5 7/18/2 0.00 ~ ~0 RUN DATE 10/05/01 TIME 08:47:52 - FINANCIAL ACCOUNTING · 10/05/01 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBU~SEHEI'IT FUND FUND - 1~o - GENERAL F~ID CASH ACCT CHECK NO ISS~3E DT .............. VEHDOR ............. FUND/D£PT ..... DESCRIPTION ...... SALES TAX AMOUNT TOTAL CHECK 0.00 17495.00 1020 500356 10/05/01 133 CAL-LINE EQUIPMENT CO IN 6308840 TIME AND MATERIALS 0.00 614.71 1020 568357 10/08/01 132 CALIFORNIA HATER S~RVIC£ 1108407 S£PT 2001 0.00 5072.54 TO~AL C~CK 0.00 6632.48 1020 588360 10/08/01 149 C~H 110~310 Pmi-A'Y CASH O.O0 5.23 1020 588360 10/05/01 149 C~H 1103600 PETTY CASH 0.00 33.94 1020 888360 10/05/01 149 CASH 1107501 P~.:~ CASH 0.00 25.91 1020 888360 10/05/01 149 CASH 1104300 PETTY CASH 0.00 46.98 1020 588360 10/08/01 149 CASH 4239214 P~IA'~ CASE 0.00 7.00 1020 588360 10/05/01 149 CASH 1107408 P=-1-1'~ CASH 0.00 43.17 1020 588360 10/05/01 149 CASH 1101000 P~-I~'~ CASH 0.00 1020 588360 10/05/01 149 CASH 1101000 Pm~"l'~ CAS~ 0,00 110.63 TOTAL CHECK 0,00 520.62 1020 888361 10/08/01 M2002 C~B 1101500 CA BREACH CONTR P.~MEDI 0.00 ~4.10 1020 500362 10/05/01 M2002 ~Tj, WEI JAO & JI~N I~E 110 DVLp MAINT RFI~D/5/18/9 0.00 RUN DATE 10/05/01 TIME 08:47:53 - FXNA~CIAL ACCG'~I']~NG . q-t5 10/05/01 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FUND SELECT~0N CRITERIA: ~ransac~.~rans_da~e between '10/01/2001' and #10/05/2001' FUND - I10 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588169 10/05/01 194 COPERTINO SUPPLY INC 1108312 PARTS & SUPPLIES 0.00 48.77 TOTAL CHECK 0.00 1017.65 1020 588370 10/05/01 197 CUPERTINO TO~N CENTER 1101500 LEASE AGREEMENT FOR OF 0.00 4112.00 1020 588371 10/05/01 M2002 CYGNUS S60 P, NFD PICNIC DEPOSIT 0.00 350.00 1020 588372 10/05/01 201 DAPPER TIRE CO 6308840 FY 2001-2002 OPEN PURC 0.00 179.12 1020 588373 10/05/01 M2002 DAY-TIMERS, INC 5506549 CALENDAR 0.00 34.53 1020 588374 10/05/01 208 DE ANZA COLLEGE MEDIA CE 1101031 2ND QUARTER ~MT 0.00 24516.50 1020 588375 10/05/01 209 DE ANZA SERVICES INC S606620 JANITORIAL SRV 0.00 192.00 1020 558376 10/05/01 M DEJZMA. KUMIKO S80 Refund: Check - PALL. 0.00 10.S0 1020 588377 10/05/01 676 DEPARTMENT OF JUSTICE 1104510 FINGERPRINTING SERVICE 0.00 192.00 1020 S88378 10/05/01 222 DKS A~SOCIATES 1108602 SERVICE AGREEMENT FOR 0.00 405.95 1020 586379 10/05/01 228 DUBAY'S TIRE SERVICE INC 6308840 FY 2001-2002 OPEN PURC 0.00 290.94 1020 588380 10/05/01 M EDDY, S. SARGON 580 Refund: Check - FALL # 0.00 1020 588381 10/05/01 M2002 EDENVALE SCHOOL 5600000 RFND OVERPrinT BRF PICN 0.00 88.7~ 1020 588382 10/05/01 1995 EDISON SELECT 5606620 ALA~ 0.00 102.69 1020 588382 10/05/01 1995 EDISON SEDE(?T 5606620 ALARM 0.00 86.46 1020 588382 10/05/01 1995 EDISON SELECT 5606680 ALARM 0.00 102.21 TOTAL CHECK 0.00 291.36 1020 588383 10/05/01 240 ELIZABETH ANN ELLIS 1101070 PROP SRVS 0.00 850.00 1020 588384 10/05/01 253 EXCHANGE hIREN S~HVICE 5606820 FY 2001-2002 OPeN PURC 0.00 289.?6 1020 588385 10/05/01 260 FEDERAL EXPRESS CORP 1104310 SHIPPING 0,00 1020 588386 10/05/01 2499 CAROL FERRE~L 1104100 GFOA PUBLICATIONS 0.00 255.00 1020 586387 10/05/01 1255 PIP, ST AUTO~OTIV~ DISTRIB 6308840 FY 2001-2002 OPEN PURC 0.00 103.73 1020 S88387 10/05/01 1255 FIRST AUTO~IVE DISTRIB 6]08840 FY 2001-2002 OPEN PURC 0.00 92.73 TOTAL CHECK 0.00 196.45 1020 588388 10/05/01 2361 FIRST BANKCARD SS08549 SEPT STMT 0.00 1140.95 1020 588389 10/05/01 518 FLOYD D BROWN FIRST AID 1108505 TIME & MATERIAL 0.00 105.00 1020 S88389 10/05/01 818 FLOYD D RRONN FIRST AID 1108504 TIME & MATERIAL 0.00 132.54 1020 588389 10/05/01 818 FLOYD P EXOliN FZRb'~TAID 1108503 TIME &MATERIAL 0.00 105.00 TOTAL CNECK 0.00 342.54 RUN DATE 10/05/01 TIME 08~47:S4 - FINANCIAL ACCO~,HqTXNG . ACC00NTING PERIOD: 4/02 CHECK REGISTER - DISBURSE~ FUND SELECTION CRITERIA= =ransac=.=rans_da=e between #I0/01/2001' a~d "10/05/2001" FUND - 110 - GENER~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION'- ..... SALES TAX AMOUNT 1020 588390 10/05/01 273 FREMONT UN/ON E.S. DIST. 5806449 USE OF CUPERTINO ~S PO 0.00 3707.50 1020 588390 10/05/01 273 FREMONT UNION H.S. DIST. 5806449 USE OF CUPERTINO RS PO 0.00 9533.00 1020 508390 10/05/01 273 FREMONT UNION H.S. DIST. 5806449 USE OF MONTA VISTA HS 0.00 6794.17 1020 588390 10/05/01 273 FREMONT UNION H.S. DIST. 5806449 USE OF ~IONTA VISTA HS 0.00 3707.50 TOTAL CHECK 0.00 23742.17 1020 588391 lO/05/01 2027 · MARSHA OARCIA 1104400 SUPPLIES 0.00 362.26 1020 588392 10/05/01 296 KAREN GOTTLEIB 5806449 SERVICE ~RE~ME~T FOR 0.00 1532.00 1020 588393 10/05/01 298 GRAINGER INC 1108503 FY 2001-2002 OPEN PURC 0.00 66.43 1020 588393 10/05/01 290 GRAINGER INC 1108504 FY 2001-2002 OPEN PURC 0.00 100.26 1020 585393 10/05/01 295 GRAINGER INC 1100504 FY 2001-2002 OPeN PURC 0.00 16.30 1020 588393 10/05/01 298 GRAINGER INC 2708404 SUPPLIES/PO 15412 0.00 151.01 TOTAL CHECK 0.00 534.00 1020 588394 10/05/01 2122 GRAPHIC PRODUCTS 1108101 LA~BLING SYS~I~ 0.00 514.72 1020 588395 10/05/01 12t5 HIQ}~4ARK LIFE INSU~ 110 OCTOBER 2001 0.00 ~420.54 1020 588395 10/05/01 1235 HIQH~K LIFE INSURANCE 6414570 OCTOBER 2001 0.00 5422.92 TOTAL CHECK 0.00 12853.45 ~0 588396 10/05/01 1410 HILLYARD 5606640 SUPPLIES 0.00 230.74 - .o 588197 10/05/01 ~12002 HO, H~.~N 5506545 ~HOIR 9/22/01 0.00 49.52 1020 588388 10/05/01 M HUANO, HUIMIN 500 Be~u~: Check - P~ 0.00 100.00 1020 588399 10/05/01 M200~ ILL~MINOUS N~ORKS 110 RF~D ~ SI~N PP~4T/#90 0.00 100o00 1020 580400 10/05/01 995 INS~ItV C0t4PANY 1108502 SBFY 2001 0.00 16T.04 1020 588400 10/05/01 5~5 INSERV C0~4PANY 1100504 SEPT 2001 0.00 167.04 1020 588400 10/05/01 995 INSERV COMPANY 1108501 BBPT 2001 0.00 16T.04 · DTAL CHECK 0.00 501.12 1020 588401 10/05/01 1981 INTERSTATE TRAFFIC CUNTR 2705404 ADW%NC~DTECHWATERBOR 0.00 1T17.20 1020 588402 10/05/01 M2002 J~ 52~8003 INV#0000486428-100 0.00 25~.00 1020 588403 10/05/01 M JARDINE, BOB 580 Re[u~ Check - F~J~a. 0.00 S5.00 1020 588404 10/05/01 1412 JOBS AVAII~I~ INC 1104510 DISPLAY AD 0.00 176.T5 1020 588405 10/05/01 2285 ICATH~YN B~T.T.y JO.~c.~¥1~l 1106265 SERVIOBAGRE~V~NT FOR 0.00 125.00 1020 588406 10/05/01 M2002 K C & J INVESTmeNT 110 D~%'ELP~T MAINT BFHD 0.00 155.T9 1020 588406 10/05/01 K2002 N C & O II~ 110 IM~V~ BO~ R~B 0.00 1500.00 TOTAL C'Z~CE 0.00 1658.79 1020 580407 10/05/01 H2002 IO~G, ER~V~ G MM~'LI~Stl 110 gBVSZ3~mTH~.ZNt'R~D 0.00 SB6.S; /'"~"~ 58B407 10/05/01 }42002 KANG, ENLVIN & MARTHASH 110 ZMPRVI~TBND~LEASB 0,00 3SS0.OC RUN DATE 10/05/01 TIM~ 08:47:54 - FINJ~ICZAL ACC0~ING . /_/_/v 10/05/01 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: cran~ac~.tran$_date between "10/01/2001# and '10/05/2001" FUND - 110 - GENERAL FUND CASS ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOU~ TOTAL C~ECK 0.00 4136.55 1020 588408 10/05/01 2480 KAPLAN COMPA/qIES INC. 5806249 SUPPLIES/PO 14007 0.00 91g.88 1020 588409 10/05/01 1529 KELLY DISPLAY INC. 2708405 PARTS & SUPPLIES 0.00 925.43 1020.. 588410 10/05/01 2144 GHIFF KRUCKENBERG 5606620 SERVICE J%GHE~ FOR 0.00 84.00 1020 588411 10/05/01 2143 VICAR R KRUCKEI~BERG 5606820 SERVICE AC~E~MF/~T FOR 0.00 186.00 1020 588412 10/05/01 382 KWIK-KOP¥ PRINTIN(~ 8506549 PRI~ & DLVRY 0.00 604.00 1020 588413 10/05/01 408 LOS QATOS M~AT & SMOKEH0 5606620 FY 2001-2002 OPEN P~RC 0.00 818.71 1020 588413 10/05/01 406 LOS GATOS MEAT & SMOKEHO 5606620 FY 2001-2002 OPEN PURC 0.00 1525.02 TOTAL CHECK 0.00 2343.73 1020 598414 10/05/01 M MADHANI, PRAVIN 580 Refund: Check - Rental 0.00 100.00 1020 588415 10/05/01 1599 ~/~AGED HEALTH I~E~ORK I 1104510 O~ 2001 0.00 796.05 1020 588416 10/05/01 1868 METRO MOBILE CO~ICATI 6309820 PURCHASE ~ INST~J~L N 0.00 5282.40 1020 588417 10/05/01 1798 MICRO CEN~ CO~PUTER ED 6104800 TRAINING 0.00 3ac'00 1020 588418 10/05/01 940 MILPITAS MOWERS INC 6308840 REBUILT CARB OF LARN M 0.00 1020 588418 10/05/01 940 MILPIT;b$ MOWERS INC 6308840 EOUPT PARTS 0.00 78,02 TOTAL CHECK 0.00 170.60 1020 588419 10/05/01 444 MINTONeS LUMBER 1108506 MISC SUPPLIES 0.00 20.20 1020 580419 10/05/01 444 MINT~°S LG~IBER 1108312 SUPPLIES/ED 23676 0.00 9.31 1020 589419 10/05/01 444 MINTON*S L~%IBER 1108501 SUPPLIES/FO 15608 0.00 29.33 1020 580419 10/05/01 444 MINTON'S L~ER 1108506 RETURN MERCHANDISE CRE 0.00 -20.20 TOTAL C~ECK 0.00 48.84 1020 580420 10/05/01 465 MOUNTAIN VIeW GARDEN CEN 1108312 FY 2001-2002 OPEN PURC 0.00 116.43 1020 589420 10/05/01 485 MOUNTAIN VIEW GARDEN CEN 1108303 FY 2001-2002 OPEN PURC 0.00 29.11 1020 588420 10/05/01 465 MODlq~AIN VIEN GARDEN CEN 1100303 FY 2001-2002 OPEN PURC 0.00 58.21 1020 588420 10/05/01 465 MOUNTAIN VIEM GARDEN CEN 1108303 FY 2001-2002 OPEN PURC 0.00 29.11 TOTAL CHECK 0.00 232.86 1020 588421 10/05/01 475 NATIC~qAL CONSTRUCTION]~E 1108312 FENCE REI4TAL 0'.00 41.65 1020 588422 10/05/01 2149 NATIONAL GOL~ FOLq~DATIO~I 5605640 BBF COURSE MEmbERSHIP 0.00 99.00 1020 588423 10/05/01 1550 ADONIS L NECESITO 1103500 SERVICE AGI~ERMENT FOR 0,00 487.S0 1020 .588424 10/05/01 494 OFFICE DEPOT Clt~DIT PhAN 1101500 OFFICE SUPPLIES 0.00 55.18 1020 58842S 10/05/01 495 OFFICR H~LPER 1104300 FY 2001o2002 OPEN PURC 0.00 S.S0 1020 588426 10/0S/01 1190 RONALD OLDS 1103500 SERVICE AGR~ET4ENT FOR 0.00 RUN DATE 10/05/01 TIME 08:47:55 - FINM~CIAL ACC'OU~/'TNG 10/05/01 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 4/02 CHECK R~IST£R - DISBURSEMENT FUND S-T-~ECTION CRITERIA: ~rangac=.~ran~_dace between #10/01/2001# a~d =10/05/2001# FqJND - 110 - CENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588427 10/05/01 505 OELANDI TRAILER 6308840 SUPPLIES/PO 15408 0.00 72.23 1020 588420 10/05/01 H2002 OTIS. JAY'S 110 RFN~ ENCRCi~Tr BND ~30 0.00 500.00 1020 S8~429 10/05/01 S08 P E R S - H~ 1104510 O~ 2001 0.00 2~451.06 1020 S88429 10/05/01 508 P E R S - ~ 11~4510 ~ 2001 0.00 1020 588429 10/05/01 ~08 P E R S - H~ 110 O~ 2001 0.00 4~86~.27 ~ ~CK 0.00 696~9.71 1020 ~88430 10/05/01 Sll PACIFIC BE~ 1108~01 SEV 9/16-10/1~ 0.00 16.70 1020 S884~1 10/05/01 Sll P~IFIC BE~ 6104800 SRV 9/20-10/15 0.00 92.28 1020 588432 10/05/01 2444 PACIFIC ~ & E~IC 11088~0 AU~ 2001 0.00 21660.76 1020 ~884~2 10/05/01 2444 PACIFIC ~ & E~IC 110883~ SE~ 2001 0.00 21692.47 ~ ~ECK O.OG 43353.23 1020 588438 10/05/01 513 PACIFIC ~ & E~C 1108504 ~1047961/~ ~ 9/28 0.0Q 6362.98 1020 S884~8 10/05/01 S13 PACIFIC ~ a E~IC 1108407 ~4134771/SERV ~ 9/2 0.00 152.~1 1020 588438 10/05/01 ~13 PACIFIC G~ & E~IC 1105602 ~4134251/S~V ~ 9/2 0.00 43.28 1020 ~88438 10/05/01 S13 P~IFIC ~ & E~IC 1108314 ~3150601/SRV ~ 9/28 0.~ 77.12 ."~ S88438 10/0~/01 S13 PACIFIC ~ a E~IC 1108407 DWS609241/S~V ~ 9/2 0.00 7.29 S88438 10/05/01 S13 PACIFIC ~ G E~IC 1108114 ~2~062114/SRV ~ 9/2 0.00 18~0 588438 10/05/01 513 PACIFIC ~ & ~=-~-K&C 1105407 ~17178019/S~V ~ 9/ 0.00 7.29 1020 588438 10/05/01 S13 P~IPIC ~ & E~IC S606620 XWl1247634/S~V ~ 9/ 0.00 2286.94 1020 588438 10/0~/01 ~13 PACIFIC ~ & E~IC 11~8407 XWl1245718/S~V ~ 9/ 0.00 281.97 1020 588438 10/05/01 S13 PACIFIC ~ & E~IC 1105407 Z~37309015/SRRV ~ 9/ 0.00 8.51 1020 5~8438 10/05/01 S13 PACIFIC ~ & ~IC 1105407 ~62590038/SRV ~ 9/2 0.00 ' 449.59 1020 588438 10/05/01 513 PACIFIC ~ & ~IC 1108602 ZW87340530/~V ~ 9/2 0.00 3T.89 1020 588438 10/05/01 513 PACIFIC ~ & E~IC 1105506 ~72094469/SRV ~ 9/2 0.00 471.3T 1020 598438 10/05/01 513 PACIFIC ~ & ~C 1108407 ~690031/S~V ~ 9/2 0.00 200.40 1020 588438 10/05/~1 513 PACIFIC ~ & ~C-A-AIC 1105407 ~5190041/SERV ~ 9/2 0.00 11.82 1020 588438 10/0~/01 S13 PACIFIC ~ & E~ZC 11086~2 DW5118591/SERV ~ 9/2 0.00 23.82 1020 588438 10/05/01 513 PACIFIC ~ a ~T.~IC 11084~7 ~5114001/S~V ~ 9/2 0.00 29.19 1020 588438 10/05/01 513 P~IFIC ~ & E~IC 1105507 DWS113911/SERV ~ 9/2 0.O0 1729.59 1020 5884~8 10/05/01 513 PACIFIC ~ a E~IC 1108602 ~6261881~/SRV ~ 9/2 0.O0 1020 S88438 10/05/01 51~ PACIFIC ~ a ~IC 1108602 ~62616110/~V ~ 9/2 0.~0 44.56 1020 588438 10/05/01 513 PACIFIC ~ ~ ~C 2208602 ~62054~28/GRV ~ 9/2 0.00 S6.q4 1020 S88430 10/0S/01 513 P~IFIC ~ G g~XC 1108511 ~142231/9~V ~ 9/2 0.00 44,65 1020 588438 20/OS/02 513 F~CXFXC ~ & ~1C 1108511 ~022521/S~V ~ 9/2 0.00 360.91 1020 588438 10/05/01 S13 PACIFIC ~ G ~IC 110840? ZWS?~O0027/S~V ~ 9/ 0.00 12.82 1020 580438 10/05/01 513 PACIFIC ~ & B~IC 1108602 ~874119~G/S~V ~ 9/ 0.00 40.39 1020 588438 10/05/01 513 PACIFIC ~ & ~C 1108602 ZW8721453]/S~V ~ 9/ 0.00 53.97 1020 5864~8 10/05/01 513 PACIFIC ~ & ~IC 5606620 ~105731/8~V ~ 9/26 O.OO ~.61 1020 ~88438 10/05/01 513 PACIFIC ~ E E~IC 1100314 ~54073011/SRV ~ 9/2 0.00 1020 ~88438 10/05/01 513 PACIFIC ~ & ~IC 1100602 ~611951/S~V ~ 9/2 0.00 132.56 1020 S88438 10/05/01 513 PACIFIC ~ & ~IC 1108407 ~0459610/SRV ~ 9/2 0.00 7.29 1020 S88438 10/0S/01 513 PACIFIC ~ a ~T.u~IC 1108602 ~46~05526/S~V ~ 9/ 0.00 38.89 S88438 1.0/05/01 513 PACIFIC ~ & E~C ~=08602 ZW43159219/S~V ~ 9/ 0.00 41.79 RUN DATE 10/05/01 TXME 08:4?:56 ~ FINANCIAL JkC3.~Ju~TIN~ . 10/05/01 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.~rans_date between "10/01/2001" and "10/05/2001" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AROUNT 1020 588439 10/05/01 513 PACIFIC GAS & ELECTRIC 1108314 ZW41405313/SRV TO 9/2 0.00 7.29 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 ZW41340419/SRV TO 9/2 0.00 7.29 1020 588438 10/05/01 613 PACIFIC GAS & ELECTRIC 1108407 z~rv37900116/SERV TO 9/ 0.00 8.27 1020 588438 10/05/0~ 513 PACIFIC GAS & ELECTRIC 1108602 Z%~V37261413/SEHV TO 9/ 0.00 37.26 1020 588438 10/05/01 613 PACIFIC GAS & ELECTRIC 1108602 ZW37260020/SERV TO 9/ 0.00 36.50 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108315 ZW28431613/SRV TO 9/2 0.00 276.99 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 ZVV28180812~SRV TO 9/2 0.00 6.99 102o 568438 10/05/01 513 PACIFIC GAS & ELECtrIC 1108602 ZW24387411~SERV TO 9/ 0.00 27.58 1020 588438 10/05/01 513 PACIFIC GAS a ELECTRIC 1308602 YVV83777517~SERV TO 9/ 0.00 26.68 1020 588438 10/05/01 513 PACIFIC GA~ & ELECTRIC 1108602 YVV83777018~SERV TO 9/ 0.00 S1.34 1020 588438 10/05/01 513 PACIFIC GAS · ELECTRIC 1108602 Y~VB3763014~SERVTO 9/ 0.00 41.92 1020 588438 10/05/01 513 PACIFIC Cu~ a ELECTRIC 1108602 YVV83762612~$~RV TO 5/ 0.00 22.57 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1100602 YVV83571016fSRV TO 9/2 0.00 48.33 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 YVV83361218~SERV TO 9/ 0.00 8.52 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 YVV83356712~SERV TO 9/ 0.00 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 5208003 YVV77484015/SERVTO 9/ 0.00 15.13 1020 588438 10/05/01 513 PACIFIC GAS & ET.~CTRIC 1108407 YVV77121318/SERV TO 9/ 0.00 14.58 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC E606640 YVVT?099627/SERV TO 9/ 0.00 412.34 1020 588438 10/05/01 513 PACIFIC C~S & ELECTRIC 4209110 YVV77093436/SERV TO 9/ 0.00 180,94 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 5606520 X%~11198216/ $ERV TO 9 0.00 9.34 1020 588438 10/05/01 513 PACIFIC C~S & ELECTRIC 5606620 XVV11057420/SERV TO 9/ 0.00 187.84 1020 588438 10/05/01 513 PACIFIC GA~ a ELECTRIC 1108303 XVV1047841E/SERVTO 9/ 0.00 42.43 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108505 XW1040611/SERV TO 9/2 0.00 10'" 50 1020 588438 10/05/01 513 PACIFIC G~S & ELECTRIC 1108303 XW10403415/SERV TO 9/ 0.00 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 XWlO078213/SRV TO 9/2 0.00 bl.75 1020 588438 10/05/01 513 PACIFIC GAS & EL~C-&KZC 1108602 BVV29321014/SRVTO 9/2 0.00 7.29 1020 588438 10/05/01 513 PACIFIC CAS & ELECTRIC 1108602 YVV77084117/SERV TO 9/ 0.00 86.33 1020 588438 10/05/01 513 PACIFIC GAS a ELECTRIC 1108602 BW29319116/SRV TO 9/2 0.00 31.74 1020 589438 10/05/01 513 PACTFIC GAS & ELECTRIC 1108602 BVV29475811/SRV TO 9/2 0.00 39.53 1020 588438 10/05/01 513 PACIFIC C~S & ELECTRIC 1108602 BW29100029/SRV TO 9/2 0.00 21.06 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 YVVS7900113/SJ~RV TO 9/ 0.00 8.27 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 BW189E0014/SRV TO 9/2 0.00 7.70 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 BW42708026/SRV TO 9/2 0.00 34.38 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108312 YVV44464111/SERV TO 9/ 0.00 14.52 1020 588438 10/06/01 513 PACIFIC GAS a ~CTRIC 1108602 $W1938E019/$RV TO 9/2 0,00 35.38 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 EW19378018/S~V TO 8/2 0.00 30.90 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 BVV29481412/SRVTO 9/2 0.00 39.90 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 BW19243037/SRV TO 9/2 0.00 48.82 1020 588438 10/06/01 513 PACIFIC G~ & ELECTRIC 1108314 YVV44363211/SERV TO 9/ 0.00 166.80 1020 688438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108314 YVV44362016/SERV TO 9/ 0.00 213.86 1020 588438 10/05/01 S13 PACIFIC GAS & ELECTRIC 1108312 YVV44073016/SERV TO 9/ 0.00 216.71 1020 S88438 10/05/01 513 PACIFIC GAS & ~T~CTRIC 1108503 YVV34364016/SERV TO 9/ 0.00 600.72 1020 588438 10/0s/01 s13 PACIFIC CAS & ELECn'RIC 1108602 BVV29481625/SRV TO 9/2 0.00 39.04 1020 588438 10/0s/01 513 PACIFIC GAS & ELECTRIC 1108503 YVV34363017/SERV TO 9/ 0.00 3146.47 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 BW19226012/SEV TO 9/2 0.00 S.83 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108407 YVV34357015/S~RV TO 9/ 0.00 14.59 1020 588438 10/05/01 S13 PACIFIC GAS & ELECTRIC 1108312 YVV33531016/SERV TO 9/ 0.00 154.17 1020 588438 10/05/01 S13 PACIFIC GAS a ~-~CTRZC 1108830 BW42952510/SEV TO 9/2 0.00 22.08 1020 588438 10/05/01 513 PACIFIC GAS & ELECTRIC 1108602 BW19220018/SRV TO 8/2 0,00 40.28 1020 588438 10/05/01 S13 PACIFIC GAS & ELECTRIC 1108407 BW42457013/SRV TO 0/2 0.00 46.44 1020 588438 10/0E/01 513 PACIFIC GAS & ELECTRIC 1108407 BW19218012/SRV TO 9/2 0.00 29 RUN DATE 10/05/01 TIME 08:47:57 - FINANCIAL 10/05/01 CIT~ OF CUP~RTII/O ~ON ~I~ERIA: ~ransa~c-~rans_da~e between "10/01/2001" and 1020 588438 10/05/01 513 PACIFIC G~ & E~IC 1108602 B~19216014/SRV TO 9/2 0.00 36.~3 1020 5884~8 10/05/01 513 PACIFIC ~ b ELE~IC 1108407 BW19214016fSRV TO 9/2 0.00 7.29 1020 ~884~8 10/0~/01 513 PACIFIC ~ b ELE~IC 110840~ B~19208014/SRV TO 9/2 0.00 7.29 1020 588438 10/05/01 ~13 PACIFIC G~ & ~IC 5606620 X~l12~1416~SERV ~ 9/ 0.00 182.84 1020 588438 10/05/01 513 PACIFIC ~ & E~IC 1108407 ~721732101SERV 1020 ~88438 10/05/01 ~13 PACIFIC ~ a ELE~IC 110840~ ~72168814~SERV ~ 9/ 0.00 7.29 1020 ~88438 10/05/01 ~13 PACIFIC ~ & ELE~ZC 1108602 · ~6900117~SERV ~ 9/ 0.00 8.S2 1020 ~88438 10/0~/01 S1~ PACIFIC ~ & E~IC 1108~14 X~64~64141SERV ~ 9/ 0.00 43.92 1020 588438 10/05/01 ~13 PACIFIC ~ & E~IC 1108602 ~5633001~/SRV ~ 9/2 0,00 15.03 1020 S88438 10/0S/01 513 PACIFIC ~ & E~IC 1108407 ~56209614/S~V ~ 9/ 0.00 8.10 1020 ~88438 10/0S/01 513 PACIFIC ~ & ~IC 1108312 X~SS248913/SERV ~ 9/ 0.00 14.48 1020 S88438 10/05/01 S13 PACIFIC ~ & E~IC 1108602 BW42616010/SRV TO 9/2 0.00 48.58 1020 S88438 10/0S/01 513 PACIFIC ~ & E~IC 1108407 B~9469016/SRV ~ 9/2 0.00 34.62 1020 S88438 10/05/01 313 PACIFIC ~ & ELE~ZC 1108407 ~55096818/SERV~ 9/ 0.00 7.29 1020 588438 10/05/01 513 PACIFIC~ a ELE~IC 1108602 B~94~6024/SRV ~ 9/2 0.00 120.68 1020 5884~8 10/0S/01 513 PACIFIC G~ & E~IC 1108602 BW39119517/SRV ~ 9/2 0.00 4~.70 1020 588438 10/05/01 S13 PACIFIC ~ a E~IC 1108%07 BW39122111/SRV ~ 9/2 0.00 7.29 1020 ~88438 10/0S/01 513 PACIFIC ~ & E~IC 1108%0~ BW39332019/~V ~ 9/2 0.00 24.19 1020 588438 10/05/01 513 p~IFIC ~ & E~IC 1108602 B~42478515/SRV ~ 9/2 0.00 27.08 1020 588438 10/05/01 513 P~IFIC ~ & E~IC 1108407 B~936S029/SRV ~ 9/2 0.00 41.21 1020 588438 10/05/01 513 PACIFIC ~ & E~IC 1108602 BW403~5039/SRV ~ 9/2 0.00 29.60 ~ ~88438 10/05/Ol ~13 P~IFIC ~ & E~IC ~606620 ~64S2018/S~V ~ 9/ 0.00 160.69 588438 10/0~/01 ~13 PACIFIC ~ E ~T.~IC 1108602 BW40301039/SRV ~ 9/2 0.00 S1.59 1020 588438 10/0S/01 513 P~IFIC ~ & E~IC 1108407 B~9341010/SRV ~ 9/2 0.0~ 42.31 1020 588438 10/05/01 513 PACIFIC ~ & E~C 1108407 ~52355018/S~V ~ 9/ 0.00 7.29 1020 588438 10/05/01 513 PACIFIC ~ & E~IC 1108407 ~52102022/S~V ~ 9/ 0.00 9.29 1020 588418 10/0~/01 513 P~CIF~C ~ & ~IC 4209110 ~709343/S~V ~ 9/2 0.00 18.75 1020 588438 10/05/01 513 PACIF2C ~ & E~IC 1108~14 ~2051023/S~V ~ 9/ 0.00 7.29 ~ ~CK 0.00 36139.61 1020 S88439 10/05/01 51~ PACIFIC ~ & ~IC ( 110~407 E~IC 6/1-8[31 0.00 22.12 1020 588440 10/05/01 513 PACIFIC ~ & E~IC ( 5708510 ~/29-7/23 0.00 12013.~8 1020 588440 10/05/01 513 PACIFIC ~ & ~T.R~ZC ( S708510 8/27-9/26 0.00 630S.19 1020 588440 10/0~/01 513 P~IFZC ~ & ~IC ( 5V08510 T/23-~/27 0.00 ~ ~ 0.00 2584].13 1020 588441 10/05/01 520 P~I~ INC 5806~49 ~PhI~/~ 16892 0.00 225.~8 1020 588442 10/05/01 1741 ~ ~1~ /NC 6109856 ~ 2.0 ~I~ ~ S~ 0.00 20.52 1020 588442 lO/05/01 1741 PC ~I~ INC 6109856 ~ 2.0 ~I~ ~ S~ 0.00 S9T5.10 1020 588442 10/05/01 1741 ~ ~ION I~ 61098~6 NOR~ ~ 2001 NIN 0.00 2~6.12 ~ ~CK 0.00 6231.V4 1020 588443 10/05/01 526 ~INS~ DIGIT~ I~IN 110 ~G ~ ~ ~ 0.00 84.51 1020 588443 10/05/01 S26 ~XN~ DXGIT~ X~XN 110 ~O F~ B~ ~ 0.00 103.56 ~ ~ECK 0.00 188.07 '~ 588444 10/06/01 ~002 ~ ~68~ 5606660 ~l~ ~ ~ ~ 0.00 1071.26 RUN DAT~ 10/05/01 TIME 08:47:58 - F/NANCZA~ ACCO~TING . 10/05/01 CITY OF CUPERTINO PA~E 9 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISEURSE[~NT FU~D SELECTION CRITERIA: transact.frans_date between "10/01/2001" and "10/05/2001" ~ - 110 - GENER~ FUNP CASH ACCT CHECK NO ISSUE DT .............. V~DOE ............. FUND/DEPT ..... DESCRIPTION ...... SALES T;~X AMOUNT 1020 588445 10/05/01 M2002 PINN BROTHERS CONSTRUCTI 110 RFND GRADING BND 0.00 5060.00 1020 588446 10/05/01 545 ~EFF PISERCHIO 5606640 GOLF CO~SE ~ 1 O.OO 1844.0~ 1020 ~88447 10/05/01 1929 P~/NG R~SO~CE ~S~Z 1107302 GE~ P~ REV/~ ~ 0.00 12653.54 1020 5~8447 10/05/01 1929 P~ZNG RES~ ~SOCZ 1108601 G~ P~ R~IE~ ~ 0.00 3555.46 ~T~ ~ECK 0.00 16209.00 1020 S88448 10/05/01 M2002 PR~R ~OR~ ~S 5506549 ~OV 11-15 GR~T ~ZN 0.00 31266.00 1020 588449 10/05/01 2380 ~E ~W~R 1104310 POSTAGE 0.00 10100.00 1020 586450 10/05/01 581 RELZ~LE 1104300 SUPPLZES/~ 12082 0.00 105.11 1020 588450 10/0S/01 581 ~LZ~ 1104300 SUPPLZES/~ 12080 0.00 V6.98 ~T~ ~ECK 0.00 182.09 1020 S88451 10/05/01 M R~, ~ 580 Refund: ~eck - ~, 0.00 90.00 1020 588452 10/05/01 590 R~ VOSS TRUCKX~ X~C 5208003 FY 2001-2002 OPEN ~C 0.00 700.00 1020 588453 10/05/01 H2002 ROSS TI~ & A~Z~ 5606640 ~PPLIES/~ 16998 O.00 131.1~ 1020 588454 10/05/01 602 ROY~ ~A~ ~ 5506549 ~S ~ 31 O.00 1020 588454 10/05/01 602 ROY~ ~ ~S 5506549 ~Y 2001 0.00 ~ ~ECK 0.00 1157.00 1020 58~455 10/05/01 ~002 ~ ~OSS ~SE ~OZR 5506549 ~OZR ~FO~ 9/22 0.00 166.48 1020 5~8456 10/05/01 1442 S~ ~OSE Z~ ~P~ 5606620 S~P~ZES 0.00 144.00 1020 588456 10/05/01 1442 S~ ~OSE Z~ ~P~ 5606620 S~PLZES 0.00 120.00 ~ ~C~ 0.00 264.00 1020 588457 10/05/01 959 ~ 3OS~ ~Y ~S 5706450 ~/~ 16880 0.00 339.68 1020 588461 10/05/01 625 ~ 3OSE WA~ ~P~ 1108407 WA~R SERVZ~ 8/22-9/2 0.00 453.65 1020 588461 10/05/01 625 ~ ~OSE WATER ~P~ 110840? WA~R S~VZCE 8/22-9/2 0.00 205.8? 1020 588461 10/05/01 625 S~ ~E WA~ ~ 1108312 WAT~ S~VI~ 8/22-9/2 0.00 V65.68 1020 588461 10/05/01 625 ~ JOSE WA~ ~P~ 110840? ~A~R S~VICE 8/22-9/2 0.00 35.22 1020 588461 10/05/01 625 ~ ~SE WA~ ~ S708510 WA'z~ SERVZ~ 8/22-9/2 0.00 417.84 1020 588461 10/05/01 625 S~ ~SE ~ ~P~ 110840? WA~ S~VZCE 8/23-9/2 0,00 2702.10 1020 588461 10/0S/01 625 ~ JOSE WA~ ~ 110840~ WA~R S~VI~ 8/22-9/2 0.00 25.00 1020 588461 10/05/01 625 ~ ~SE WA~ ~ 1108504 WA~R S~RVI~ 8/22-9/2 0.00 82.~0 1020 S88461 10/05/01 625 ~E ~ ~P~ 1108504 NAT~ SERVICE 8/22-9/2 0.00 85.88 1020 588461 10/05/01 625 ~ ~SE ~ ~P~ 1108303 HA~ S~VICE 8/22-9/2 0.00 74.76 1020 588461 10/05/01 625 ~E WATM ~ 1108303 ~R SERVICE 8/22-9/2 0.00 1842.54 1020 588461 10/05/01 625 ~ J~E WA~ ~P~ 1108407 WAT~ S~VI~ 8/22-9/2 0.00 71.64 1020 588461 10/05/01 625 ~ JOSS ~ ~P~ 1108314 WA~ S~VICE 8/23-9/2 0.00 774.?~ 1020 58~461 10/05/01 625 ~ ~E WA~ ~ 5606640 NA~R SERVZ~ 8/22-9/2 0.00 182.6~ 1020 588461 10/05/01 625 ~ JOSE WA~ ~P~ 1108504 ~A~R S~Vl~ 8/27-9/2 0.00 9.00 1020 588461 10/05/01 625 W O~ H~ ~P~ 5606620 HA~K SBRVZ~ 8/22-9/2 0.00 '13 RUN DAT~ 10/05/01 TI~ 08:4?:59 - FINANCIAL A~I~ 10/05/01 CITY OF CUPERTINO PAG~ I~ ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBUR$EM~qT FUND SEL___ECTION CRITERIA: =rans&c=.~rans_da=e between #10/01/2001# and "10/05/2001' FUND - 110 - GENEAAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DSPT ..... DESCRIPTION ...... SA~S TAX AMOUNT 1020 588461 10/05/01 625 SAN JOSE WATER COMPANY S606620 WATER SERVICE 8/22-9/2 0.00 212.94 1020 588461 10/05/01 625 SA~ JOSE WATEI~ CO~pA~ 1108312 WATER SERVICE 8/22-9/2 0.00 625.90 lO20 588461 10/05/Ol 625 SAN JOSE WATER CO~IpAWY 1108312 WATER SERVICE 8/22-9/2 0.00 1518.84 1020 588461 10/05/01 625 SAN JOSE WATER COMpAI~Y 1108315 WATER SERVICE 8/27-9/2 0.00 36.50 1020 588461 10/05/01 625 SAM JOSE WATER COMPANY 1108315 WATER SERVICE 8/23-9/2 0.00 2117.47 1020 588461 10/05/01 625 SAN JOSE WATER COMPANY 1108315 WA~q~R SERVICE 8/23-9/2 0.00 73.47 1020 588461 10/05/01 625 SAN JOSS WATER COMPANY 1108407 WATER SERVICE 8/22-9/2 0.00 35.83 1020 588481 10/05/01 625 SAN JOSE WATER COMPANY 1108407 WATER SERVICE 8/22-9/2 0.00 35,93 1020 588461 10/05/01 825 SAN JOSE WATER ~PANY 1108506 WATER SERVICE 8/22°9/2 0.00 44.64 1020 588461 10/0S/01 625 SAN JOSE WA?SIt COMPALqY 1108407 WATER SERVIUE 8/22-9/2 0.00 9.55 1020 588461 10/05/01 825 SAN JOSE WATER COMPANY 1108321 HATER SERVICE 8/27-9/2 0.00 38.50 1020 S88461 10/05/01 625 SA~ JOSE WA~R COMpA~ 110840? WA~ SERV/CE 8/22-9/2 0.OO 1?7.29 1020 588461 10/05/01 625 SAIq JOSE WATER COMpAI~Y 1108407 WATER SERVICE 8/22-9/2 0.00 14.47 1020 588461 10/05/01 625 ~ JOSE WATER COMpA~TY 1108112 WATE~ SERVICE 7/30-9/2 0.00 23~0.88 1020 588481 10/05/01 625 SAN JOSE WA~R COMPANY 1108407 WA~ SERVICE 7/31-9/2 0.00 20.56 1020 588481 10/05/01 825 SAN JOSE RATER COMPANY 1108407 WA~ SERVICE 8/22-9/2 0.00 14.47 1020 588461 10/05/01 625 SAN JOSE WATER COI4PAWY 1108407 WA~ SERVICE 8/22-9/2 0.00 85.41 1020 588461 10/05/01 625 SAN JOSE WATER C~4PAI~Y 1108407 WATER SERVICE 8/22-9/2 0.00 20.82 1020 588461 10/05/01 625 SA~ JOSE WATER COmpANY 5806620 WA~ SERVICE 8/22-9/2 0.00 38.10 1020 588461 10/05/01 629 SAN JOSE WATER COMPANY 1108505 WATER SERVICE B/22-9/2 0.00 352.71 1020 588461 10/05/01 625 SAN JOSS WATER C0~PANY 1108505 WATER SERVICE 8/27-9/2 0.00 S.00 1020 588461 10/05/01 828 S~ JOSE WA~R COMP~ 1108506 WATER SERVICE 8/22-9/2 0.00 189.10 1.~0 588461 10/05/01 628 SAN JOSE WA~ C0~4PA~ 1108407 WA~R SERVICE 8/22-9/2 0.00 14.47 588481 10/05/01 625 SAN JOSE WA%'ER C(~IpAHY 1108407 WATER SERVICE 8/22-9/2 0.00 36.71 1.-~ 588461 10/05/01 625 SAN JOSE WA~ C0~4PA~ 1108407 MATER SERVICE 8/22°9/2 0.00 206.85 1020 588461 10/05/01 525 SAN JOSE WATER C0~4PA/~Y S605620 MATER SERVICE 8/22-9/2 0.00 208.17 1020 588461 10/05/01 625 SA~ JOSE WATF.H COI4PA~TY 1108407 NA~1t SERVICE 8/22-9/2 0.00 35.93 1020 588461 10/05/01 625 SAN JOSE WA-L't~ COHpANY S708510 WATER SER¥IUE 8/22-9/2 0.00 257.42 1020 588461 10/05/01 625 SAN JOSE WATER COMPANY 1108303 WATER SERVICE 8/22-9/2 0.0Q 144.65 1020 588461 10/05/01 625 SAN JOSE MATER CO~tPANY 1208303 WATER SERVIUE 8/22-9/2 0.00 805.38 1020 588461 10/05/01 625 SAN JOSE WAT~K COMPANY 1108303 MATER SERVICE 8/22-9/2 0.00 1971.20 1020 S88461 10/05/01 625 SAN JOSE WA='~ CC~IPANY 1108321 WATER SERVICE 8/27-9/2 0.00 3G.S0 1020 588461 10/05/01 825 SAN JOSE WA¥i~ CC~4PANY 1108S03 WATER SERVICE 8/22-9/2 0.00 238.36 1020 588461 10/05/01 625 SAN JOSE WAT~K CC~4PANY 1108321 MATER SERVICE 8/23-9/2 0.O0 170.32 1020 588461 10/05/01 525 SAN JOSE MATER C~ANY 1108315 WAA-~A SERVICE 8/23-9/2 0.Q0 2296.24 1020 588461 10/05/01 625 SAIq JOSE WAT~K CC~4PANY 1108407 Wk'~-~,~ SERVlCE 8/22-9/2 0.08 112.89 1020 588461 10/05/01 825 SAN JOSE MA-~-~ COJ4PANY 1108314 WATER SERVICE 8/22-9/2 0.00 212.94 1020 588461 10/05/01 625 SAN JOSE WATER COMPANY 1108314 WA~iA SERVICE 8/22-9/2 0.00 239.94 1020 588461 10/05/01 625 SAN JOSE MA-L-~,K COMPANY 1108507 MATER SERVICE B/22-9/2 0.00 81.11 1020 588461 10/05/01 625 SAN JOSE MATER CC~A~ 1108314 #~.A SERVICE 8/22-9/2 0.00 660.84 1020 588461 10/05/01 625 SAN JOS~ WAA'~,K CC]MPAHY 1108314 MATER SERVICE 8/22-9/2 0.00 413.07 1020 588461 10/05/01 625 SAN ~OSE WA-A-~ CC~ANY 1108302 W~bA SERVIUE 8/22-9/2 0.00 365.42 1020 S884&1 10/05/01 625 SAN JOER WA='~A COMPANY 1108314 MATER SERVICE 8/22-9/2 0.00 1184.49 1020 S88481 10/05/01 825 SAN JOSE Uk-L-A~ COMPANY 1108314 MATbA SERVICE 8/2?-9/2 0.00 9.00 1020 588461 10/05/01 625 SAN JOSE WATER COMPANY 5708510 #kTm(. SERVICE 8/27-9/2 0.00 9.00 1020 S88461 10/05/01 625 SAN JOSE WATER C~ANY 1108315 WATER SERVICE 8/2309/2 0.00 112.35 1020 S88461 10/09/01 825 SAN JOSE Wk'~-~.~, COMPANY 1108314 WATER SERVICE 8/22-9/2 0.00 1132.57 1020 588461 10/05/01 625 SAN JOSE WATER ~C~4PANY 1108314 MAT]SA SERVICE 8/22-9/2 0.00 1441.05 1020 588461 10/05/01 625 SAN JOSE WATER ~OMPANY 1108407 Wk'~']S~ SERVICE 8/22-9/2 0.00 G2.0S 1020 S88461 10/05/01 625 SAN JOSE WAT~R C(~4PAHY 110840~ WATt=,A SERVICE 8/23-9/2 0.00 112.35 ~-"' 588461 10/05/01 625 SAN JOSE MA-£1SA C~ANY 1108407 Mk~-m~. SERVICE 6/22-9/2 0.00 137.59 EON DATE 10/05/01 TII,~ 08:48:00 - FZI~NCIAL A~CG;J~TZIqG . 10/05/01 CITY OF CUPERTINO PAGC ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: ~ransac~.~rans_da~e between .10/01/2001" and "10/05/2001" PLAID - ~10 - GENERAL ~H AC~ ~ECK NO ISS~ ~ .............. V~R ............. ~/DE~ ..... DESCRIPTION ...... S~S T~ ~O~ 1020 S88461 10/0S/01 62S S~ JOSE WATER ~P~ 1108407 WA~R SERVICE 8/22-9/2 0.00 102.64 1020 588461 10/0S/01 62S S~ JOSE WATER ~P~ 1108407 WATER SERVICE 8/22-9/2 0.00 31.94 1020 588461 10/05/01 625 S~ JOSE WA~R ~P~ 11~840~ WA~R SERVICE 8/22-9/2 0.00 36.71 1020 S88461 1O/0S/01 625 S~ JOSE WA~R ~P~ 1108407 WATER SERVICE 8/22-9/2 0.00 28.77 1020 S88461 10/0S/01 625 S~ JOSE WATER ~P~ 1108407 NA~R SERVICE 8/22-9/2 0.00 14.90 1020 588461 10/05/01 625 S~ JOSE WATER ~P~ 1108407 WATER SERVI~ 8/22-9/2 O.00 10.14 1020 588461 10/05/01 625 ~ J~E WA~ ~P~ 1108407 WATER SERVI~ 8/22-9/2 0.00 4~.06 ~ ~CK 0.00 29066.64 1020 588462 10/0~/01 6~1 S~A ~ ~ DE~ E~I S208003 ~IDE HOUSEHO~ ~.00 5374.~4 1020 588463 10/05/01 633 ~A ~ ~ ~RZ S606620 ~ 2001-2002 OP~ ~C O.0O 1060.60 1020 58~463 10/05/01 633 ~A ~ ~ S~1 5606620 FY 2001-2002 OP~ ~C 0.00 951.27 ~ ~ 0.00 2011.87 1020 588464 10/05/01 633 5~A C~ ~ S~I 5806349 SRVS 1O20 588465 10/05/01 1029 S~A ~ V~T.T.~ ~S 5500000 16 BUS ~/SE~ 200' 0.00 144.00 1020 588466 10/05/01 2057 SBC DATA~ 6104800 ~DZTI~ T1 PR~ ~ 0.00 874.80 1020 588466 10/05/01 2057 SBC DATA~ 6109856 ~ PR~S 0.00 36538.07 ~ ~CK 0.00 37412.87 1020 588467 10/05/01 2308 S~ ~506549 T~ 0.00 9 1020 588468 10/05/01 2264 SgIBEL'S ~S~ AP~I~T ~606640 1020 588469 10/05/01 ~002 SE~R, J.A. 1108507 P~TS ~ S~PLZES 0.00 44.17 1020 5884~0 10/05/01 M SHI~S. MIlL 580 Ref~: ~eck - F~, 0.00 80.00 1020 588471 10/05/01 652 SIE~ S~Z~S WA~R ~. 1106265 ~ 2001-2002 OP~ ~C 0.0O 174.90 1020 588472 10/05/01 1837 SILI~ V~ PAVI~ ~ 2708404 ST ~PAIR B~B ~ 0.00 2~00.00 1020 588472 10/05/01 1~37 SILZ~N V~T:T.W PAVZ~ ~ 2708404 ~LIC WOR~ ~ 0.00 156462.~0 ~ ~ 0.00 159262.70 1020 588473 10/05/01 2415 SX~ ~TXN-~ WZ~ 4239214 ~L/C W~ ~ 0.00 4832.76 1020 588473 10/05/01 2415 SI~ ~TIN-~ ~1~ 4239222 ~LIC ~R~ ~ 0.00 52410.57 ~ ~CK 0.00 57243.33 1020 588474 10/05/01 2320 ~-~ ~S~I~ 6308840 ~PhI~/~ 15389 0.00 112.83 1020 588475 10/05/01 1954 S~I~ ~R~TION 1108101 1020 588475 10/05/01 1954 S~I~ ~R~TI~ 110~101 J. GEO~E 0.00 864.00 ~ ~E~ 0.00 1212.00 102~ 588496 10/05/01 2369 S~ ~R a ~CIAT 2709449 ~1~ ~ OF ~Y 0.00 12~47.00 1020 588477 10/05/01 529 S~ P~TZ~, ~ 1107504 ~ S~ ~ 0.00 1843.81 1020 588477 10/05/01 529 ~ P~TZ~, Z~ 6104800 ~I~ SRVS 10/1-9/30/0 0.00 2" ' 00 RUN DATE 10/05/01 TIHE 08:48:00 -FXNANCXAL ACCOL~f~I~G 10/05/01 CITY OF CUPERTINO PAGE 12 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DI$BURS~4E~TT FU~D S~ECTION CRITERIA= transac=.trans_dace be=ween "10/01/2001' and '10/09/2001" FUND - 110 - GENeRAl, FUND CASH ACCT CHECK NO ISSU~ DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOU~'~ 1020 588477 10/08/01 529 SUNGA~D P~NTAMATION, INC 6104800 HAINT FEES 10/1-9/30/0 0.00 18931.99 1020 588477 10/05/01 529 SUNGARD PENTAMATION. TNC 6104800 MAINT FEES 10/1-9/30/0 0.00 7138.37 1020 588477 10/05/01 529 SUNGA~D PE~TAMATION. INC 6104800 MAINT FEE 10/1-9/30/0~ 0.00 6173.28 TOTAL CHECK 0.00 36359.45 1020 585478 10/09/01 M2002 SWA~q POOLS 110 RFND ENDS FOR POOL F~ 0.00 9500.00 1020 589479 10/05/01 695 SYSCO POOD SERVICES OF S 5606680 FY 2001-2002 OPEN F~C 0.00 1936.58 1020 588480 10/05/01 698 TALLY'S EIqTERPRISES 2708402 FY 2001-2002 OpEN PURC 0.00 56557.67 1020 S85451 10/05/01 701 TARGET STORgS 1108314 S~PPLIES/PO 15384 0.00 151.15 1020 S85481 10/05/01 701 TARGET STORES 1106265 SUPPLIES/PO 23896 0.00 6.77 TOTAL C~CK 0.00 157.95 1020 588482 10/05/01 2421 TENP, ASEARCH IN~. 1107405 PHA~E II ENVTR ASSMT 0.00 SS00.00 1020 S88483 10/05/01 M2002 TICK~TEASY 5506549 40 TKTS PAX-EJ~YLISTEN 0.00 1820.Q0 1020 588454 10/09/01 724 TURF & INDUSTRIAL EQUIP~4 6308840 FY 2001-2002 OPEN ~L~RC 0.00 19.70 1020 588484 10/05/01 724 T~TRF & INDUSTRIAL EOUIPM 6308840 FY 2001-2002 OPEN PURC 0.00 31.67 1020 588484 10/05/01 724 T~F & INDUSTRIAL ROUIPM 5606640 SUPPLIES/PO 16987 0.00 115.08 1~ 588484 10/05/01 724 T~F & INDbb-~IAL E~UI~M 5606640 SUPPLIES/FO 16986 0.00 129.68 588484 10/05/01 724 TURF & INDUSTRIAL EQUIPM 5606640 SUPPLIES/FO 16987 0.00 394.09 1-,~ S88484 10/05/01 724 T~F & INDUSTRIAL E(}UIEN 5606640 SUPPLIES/PO 16986 0.00 104.44 TOTAL C~CK 0.00 794.66 1020 588485 10/05/01 1578 UNITED P~ALS 1108321 RENTAL/PO 19387 0.00 159.13 1020 588486 10/05/01 2226 UNITED P~NTAL~145/HIG~ 2708404 P~TTAL/PO 15392 0.00 91.00 1020 S88487 10/05/01 210 VERIEUN WIENLRSS (FOPJ~ 1103300 SRV 9/23-10/22 0.00 144.00 1020 S88488 10/05/01 310 V~/~IZUN WITLESS (FOP~ 1102403 SENV 8/25-9/22 0.00 125.57 1020 588489 10/05/01 745 %~4T INC 1101201 EQUIP 0.00 1773.80 1020 588490 10/05/01 761 ~ED~Y~R BAKERY S606520 FY 2001-2002 OPEN PURC 0.00 145,05 1020 588490 10/05/01 761 NEDRMEYER ~y 5606620 FY 2001-2002 OPEN P'OP.C 0.00 217.08 TOTAL CHECK 0.00 362.13 1020 588491 10/05/01 768 t~ST GltOUP pAYI~HT CENT~ 1101500 SUBSCRIPTION 8/15-9/14 0.00 200.88 1020 S88492 10/05/01 774 WEA-.L-=~Z~ HIGIiWAy PRODUCTS 2708405 FY 2001-2002 OPEN PORe 0.00 391.S0 1020 S88493 10/05/01 775 ME~-L-=w.d PACIFTC SIGNAL L 4209540 SPERD ~tuNTTOR TRAILER 0.00 24039.12 1020 588494 10/05/01 1939 #TNZX,KR & tr~T.Y.y CO~SULTT 2709443 PUBLIC MORNS OONT~AOT 0.00 15944.27 1020 588495 10/05/01 2498 KTERSA M~TT 1107202 LUNC~ FOR GRN PLA~ MTG 0.00 200.S9 RUN DATE 10/05/01 TZME 08:48:01 - FXNANCZAL ACC(K~TXN(~ . 10/0~/01 CITY OF CUPERTINO PAGE ACCOLI~rING pERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FUND ~EL~ZON CRITERIA: ~ran~a~.~rans_da~e between "10/01/2001" an8 F~ - 110 - GENE~ F~ ~H AC~ ~ECK NO ISSUE DT .............. VEeR ............. ~/DE~ ..... DES~I~ION ...... S~ES T~ ~O~ 1020 S88496 10/0~/01 799 ~KE~ ~O~ ~I~L ~20800~ AUG Y~T~ PHOCESSI 0.00 10883.40 1020 588496 10/05/01 799 Z~KER RO~ ~FILL S208003 ~ ~MPOST DELI~RIES 0.00 200.00 1020 S88496 10/0S/01 799 Z~KER RO~ ~DFILL S208003 Y~TE AU~ 0.00 20717.~4 T~ ~ECK 0.00 31801.34 ~T~ ~ AC~ 0.00 884002.~0 T~ F~ 0.00 88~002. S0 ~T~ REPORT 0.00 884002.50 DATE 10/05/01 TIME 08:40:01 - FINANCIAL ACCOU~TI'N~ RESOLUTION NUMBER 01-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AIVIOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON September 28, 2001 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 WI-IEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $398,375.80 Less Employee Deductions $(122,504.52) NET PAYROLL' $275,871.28 Payroll check numbers issued 56258 through 56486 Void check number C~g~JFIED: ~. Di~minist~ativ~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15chday of October ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 01-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN SUPPORT OF FEDERAL FUNDING FOR CLEANUP OF MOUNT UMUNHUM WHEREAS, the mission of thc Midpen'msula Regional Open Space District is to acquire and preservc a regional greenbelt of open space land in perpetuity; protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education; and WHEREAS, in keeping with its mission, the Midpeninsula Regional Open Space District purchased the former Almaden Air Force Station and all of its remaining facilities on Mount Umunhnm in 1986 with the intent of restoring the site to a natural condition, and providing for low-intensity public access to this 3,486-foot high peak, the South Bay's sister mountain to Mt. Tamalpais and Mt. Diablo; and WHEREAS, this purchase was at full Fair Market Value, with no discount for remnant military contamination; and WHEREAS, the District has, over the last 20 years, purchased nearly 200 parcels on and around Mount Umunhum in an effort to preserve the mountain area for open space, environmental, and public recreational opportunities in the Sierra Azul Open Space Preserve; and WHEREAS, Mount Umunhum and the District's surrounding Sierra Azul preserve area comprise critical habitat for a number of endangered or special status wildlife species, including the California red-legged flog and the southwestern pond turtle; and these lands also provide important uninterrupted range for mountain lion, as well as bobcat, deer, coyote, and many other animal species; and WHEREAS, some 63 plant communities are found on and around Mount Umunhum, along with the headwaters of Guadalupe and Los Gatos Creeks, which provide an important component of the water supply for the Santa Clara Valley; and WHEREAS, Mount Umunhum offers spectacular panoramic vistas, from Monterey Bay to Mt. Diablo to San Francisco, providing a place of extraordinary perspective for South Bay visitors, only a few miles from San Jose, California, the nation's 1 lth largest city; and WHEREAS, the District's studies have found high levels of toxic materials in the abandoned Air Force facilities on Mount Umunhum, including lead, lead-based paint, and asbestos, which have made cleanup and restoration of the site prohibitively expensive for the District to accomplish, and which coupled with decrepit and unsafe structures, have precluded any public access to a significant portion of the area; and Resolution No. 01-220 Page 2 WHEREAS, the Defense Environmental Restoration Program, in its Annual Report to Congress in Fiscal Year 1998, estimated that the Federal government had yet to allocate at least $2.$ million dollars toward completion of the promised cleanup at the Former Aimaden Air Force Station, NOW, THEREFORE, BE IT RESOLVED, that the Cupertino City Council does hereby support the efforts of The Midpeninsula Regional Open Space District to obtain Federal funding for clean up of all toxic materials at the former Almaden Air Force Station and, further, urges the local Congressional delegation and the Federal Government to appropriate the funding necessary for removal and cleanup of all hazardous materials at this site, including not only current below- ground contamination, but also all lead, lead-based paint, and asbestos. This appropriation will make way for returning this area to a spectacular public open space and recreational area. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2001 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 01-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "CRESTON DRIVE 01-06~, PROPERTY LOCATED ON THE NORTH SIDE OF CRESTON DRIVE BETWEEN BAXTER AVENUE AND GROVELAND DRIVE; APPROXIMATELY 0.245 ACRE, LIM (APN 326-11-006) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Creston Drive 01-06" bom property owners, Thomas C. Lira and Julia A. Lim; and WHEREAS, the property, 0.245_* acre on the north side of Creston Drive between Baxter Avenue and Groveland Drive (APN 326-11-006) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on June 17, 1980, to City of Cupertino Pre RI-10 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B~') to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, Government Code Section 5683'/ provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; Resolution No. 01-221 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Creston Drive 01-06" and detachment from the Santa Clara County Lighting Service District at their regular meeting of November 19, 2001. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this lSth day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 EXHIBIT ~TION TO TI~ CITY OF ~TITt~ CRESTON DRIVE 01-06 All that certain reel property situated in the County of Santa Clara, State of California, being all of Lot 4 as shown upon map cE Tract No. 1180, filed on August 18, 1953 in Book 44 of Maps page 53, Santa Clara County Records, described as follows: Beginning at the Northwesterly corner of said lot on a Southerly line of that certain ~naxetton to the CitF of Cupertino, California, entitled ~Homesteed No. 3-C-REVISED~, said southerly line being referred to as ..."Southerly line of that certain 10 acre tract o£ land conveyed to EI~ Gasich and Catherine Gasich by Deed recorded August 21, 1942 in Book 1110 Official Records Page 243, Santa Clara County Records~ ~n said Homestead Annexat~on~ Thence along the Northerly line of said Lot also being the southerly line of the aforementioned Annexation S85'42~10"E 80.00 feet to the Northeasterly corner of said Lot= Thence leaving said lines and along the ~asterl~ line of 'said ~ot 4, 84'17'50"# 133.50 feet to the southeasterly corner thereof on the Northerly line of Creston Drive, 60 feet wide, as said Drive is shown upon said Tract~ Thence along the Southerly line of said Lot and said Northerly line of Creston Drive, N85°42~10'W 80.00 feet to the Southwes- terly corner thereof~ Thence along the Westerly l~ne thereof, N4°lT~50~E 133.50 feet to the point of beginning. Containing 0.245 of an acre, more or less. Date: June 13, 2001 AP N: 326-11-006 ~~4~ Address: 22431 Creston Drive - RESOLUTION NO. 01-222 A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF CUPERTINO AUTHOI~IT. ING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN .THE CITY AND DEVELOPERS ROGER WANG AND ANNIE WANG, HUSBAND AND WIFE AS JOINT TENANTS, 11631 UPLAND WAY, APN 316-21-029 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Roger Wang al~d Annie Wang, Husband and Wife As Joint Tenants, for the installation of certain municipal improvements at 11631 Upland Way and said agre,~ment having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15~ day of October, 2001, by the following vote: '-' Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 01-222 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Roger and Annie Wang, Husband and Wife As Joint Tenants LOCATION: 11631 Upland Way A. Faithful Perfommnce Bond: Off-site: $ 21,643.88 On-site: $17,265.60 TWENTY-ONE THOUSAND SIX HUNDRED FORTY-THREE AND 88/100 DOLLARS SEVENTEEN THOUSAND TWO HUNDRED SIXTY-FIVE AND 60/I 00 DOLLARS B. Labor and Material Bond: $ 21,643.88 TWENTY-ONE THOUSAND SIX HUNDRED FORTY-THREE AND 88/100 DOLLARS C. Checking and Inspection Fees: $ 2,130.00 TWO THOUSAND ONE HUNDRED THIRTY AND 00/I00 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/I00 DOLLARS F. Storm Drainage Fee: $ 1,055.00 ONE THOUSAND FIFTY-FIVE AND 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item #23 of agreement _ L~.~/ Ci~ Hall · ~ 10300 Ton'~ Avenue Cl~/OF Cupertino, CA 95014-3255 CUPEI INO (40,)7??-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 10 AGENDA DATE October 15, 2001 SUBJECT AND ISSUE Authorization for the Director of Public Works to award the construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $950,000.00. BACKGROUND - The Stevens Canyon Rd. Widening Project was first designed and bid in July of 2000 and at that time City Council rejected all of the bids because they were in excess of the engineers estimate by 32%. The Engineers estimate was $1,387,531.00 and the low bidder was $1,836,282.25. In rejecting the bids the Council requested that staff and the consultants review the project and redesign as necessary to reduce the cost of the project in order to keep it within the original construction budget orS1 Million. City staff and the design consultant BKF Engineering re-evaluated the design and changed it by reducing the scope and complexity of the project and developing a design that provided a uniform cross section with an asphalt berm rather than sidewalk and curb and gutter as originally proposed. The lanes are to be 12' wide with a 4' shoulder. The City Council approved $1,200,000.00 for this project in FY 2001-2002 as part of the current Five Year Capital Improvement Program. The Engineer's Estimate for the work is $830,000. In addition staff is requesting approval ora 10% construction contingency of $83,000 for a total construction estimate of $ 913,000. As noted above, funds are available in the adopted 2001-02 Capital Improvement Program. The project has been advertised for construction and bids are scheduled to be received on October 30, 2001. Owing to the importance of proceeding with the project before the heavy rains begin after the first of the year, and as the Council meeting on November 5, 2001 has been cancelled, staffis requesting that the Council authorize the Director of - Public Works to award the' contract up to a maximum of $950,000, including a 10% construction contingency to the lowest responsive bidder as soon as possible. Should the bids received exceed the maximum mount of $950,000 staffwill report back to the Council on Nov¢iiiber 19, 2001 with appropriate recommendations for the project's implementation STAFF RECOMMi~.NDATION Authorization for the Director of Public Works to award the construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to the Stevens Creek County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $950,000.00 including a 10% construction contingency, Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager RESOLUTION NO. 01-223 A RESOLLrrlON OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AWARD A CONSTRUCTION CONTRACT FOR THE STEVENS CANYON ROAD STREET WIDENING, PROJECT 98-120 WHEREAS, the City of Cupertino has published a Notice to Contractors inviting proposals for the Stevens Canyon Road Street Widening, Project 98-120; and WHEREAS, the bid opening has been scheduled for October 30, 2001; and WHEREAS, award of the contract is time-sensitive due to the need to proceed with the project prior to the onset of heavy rains. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Director of Public Works to award said contract in an mount not to exceed $950,000.00 and authorize a 10% contingency on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meet'rog of the City Council of the City of Cupert'mo this 15t~ day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /0-3 _ [_[.~,~,' City Hall 10300 Tone Avenue C[T}' OF Cupertino, CA 95014-3255 CUPE INO FAX (405~ 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ~ [ AGENDA DATE October 15, 2001 SUBJECT AND ISSUE Foothill and Stevens Creek Blvd. Overlay Project - Ratification of Contract, approval of Change Order No. 1 in the amount of $ 58,255.83.00 and acceptance of the project as complete. BACKGROUND In early 2000, the Foothill and Stevens Creek Blvd. Overlay Project, budgeted in the FY _ 1999-2000 Budget was proposed to be completed by Santa Clara County under a cooperative agreement with the City of Cupertino to complete an overlay using rubberized asphalt. The City hid expressed an interest in the use of rubberized asphalt as it had been shown to be helpful in reducing the traffic noise and, as such, might be beneficial due to the amount of quarry truck traffic in this area. However it was subsequently determined that the County would be unable to add the City's pwject quantity to their project. Since the City contract quantities for rubberized asphalt were fairly small in comparison, it apparently was the staff's conclusion that to assure that the rubberized material could be included, a subsequent and separate negotiation with the County's low bidder, DeSilva-Gates Construction, was undertaken for the City's project. The final contract was not competitively bid, apparently because staff detcm~ined that the rubberized asphalt project was a maintenance project and that the rubberized asphalt was effectively a sole source product. As such, the staff executed a contract in July 2000 with DeSilva-Gates Coustmction in the amount of $579,433.00. It appears that this contract was inadvertently not forwarded to the Council for ratification. Therefore, staff is now requesting that the Council ratify the original contract Also, there was no contract construction contingency approved for possible extra work. The project work is now complete. However, a number of minor changes and additions were necessary to complete the project. Most are due to minor unforeseen conditions that would have been difficult to anticipate at the time the pwject was bid. A Contract Change Order (CCO) has been negotiated with the contractor for this work. Pnnted on Recycled Paper This extra work included in the change order provides for such items as: raising of manhole frames, water valves, and monument frames; modifying a drop inlet; changes to a loop detector; replacing a wooden barricade; removing and replacing a several sections of asphalt at a confou~, and additional quantities of asphalt, wedge cutting, striping and others of a like nature. Th/s final Contract Change Order, labeled CCO No. 1 in the amount of $ 58,255.83, provides payment for these itel~is of work. The original contract for this project is $ 579,433.00 and the revised contract with this pwposed CCO is as follows: Original Contract $579,433.00 Change Order No. 1 Proposed 58,255.83 · Total Contract $ 637,688.83. This is the final contract change order for this project and staffis recommending that the project be accepted as completed. As no contingency was provided for this contract, in order to pay for this CCO, funds are being proposed to be allocated the Traffic Congestion Relief (TCR) Fund account which is a grant that the City receives for the purpose of maintaining streets in accordance with Assembly Bill 2928. To date the City has received $376,761.36 from this grant and funds are posted and available in the TCR Fund account. STAFF RECOMMENDATION Adoption of resolution No. 01- 2~q ratifying the original contract with DeSilva- Gates Construction in the amount of $579,433.00 and approving C_hange Order No. 1 in the amount ors 58,255.83.00 for the Foothill and Stevens Creek Blvd. Overlay Project, for a total contract amount of $637,688.83, and authorizing the use of $58,255.83 from the Traffic Congestion Relief Fund (270-000-4416) to be used for CCO No. l, and authorizing acceptance of the project as complete. Submitted by: Approved for submission: Ralph A. Qnslls, Jr. David W. Knapp Director of Public Works City Manager RESOLUTION NO. 01-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RATIFYING A CONTRACT WITH DESILVA-GATES CONSTRUCTION FOR THE FOOTI-III.L AND STEVENS CREEK BOULEVARD OVERLAY PROJECT AND APPROVING CONTRACT CHANGE ORDER NO. 1 FOR FOOTHILL AND STEVENS CREEK BOULEVARD OVERLAY WHEREAS, a contract has been executed with DeSilva-Gates Construction for the Foothill and Stevens Creek Boulevard Overlay Project for $579,433.00, which requires ratification by the City Council; and WHEREAS, minor changes and additions to work were necessary to complete said project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino, California, hereby ratifies the contract with DeSilva-Gates Construction for the Foothill and Stevens Creek Boulevard Overlay Project and approves Change Order No. 1 for changes to work -- which has been approved by the Director of Public Works in conjunction with the project. BE IT FURTHER RESOLVED that an expenditure of $$5,255.$3 from the Traffic Congestion Relief Fund, Account No. 270-000 a.'!.16 is hereby approved to cover this change order. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPERTINO FOOTHILL AND STEVENS CREEK BLVD. OVERLAY CONTRACT CHANGE ORDER NO. 1 Contractor .. DeSilvaGates Construction ll555Dubli~Blvd. Dublin, CA 94568 The following changes are hereby approved: lA. Raised manhole frames $ 13,275.00 lB. Raise wator valves $ 7,840.00 1C. Raise monumont flame $ 3,220.00 1D. Remove and Replace AC failure $ 6,043.19 1E. Modify Dwp Inlet $ 2,597.39 1F. Change Conduit for Loop Detector $ 336.67 1G. Replace Wooden Barricade $ 523.70 1H. Remove & Replace AC at Conform $ 6,201.79 1L Quantity Adjustment at unit prices $ 18.218.09 Total Change Order No. 1 $ S8,2SS.83 Total Project: Original ConUact $ 579,433.00 Change Order No. 1 58.255.83 Revised Contract $ 637,688.83 CONTRACTOR CiTY OF CUPERTINO Ralph A. Q..Ih, Ir. Director of Public Works Title City Council: Date Re~olufion No. RESOLUTION NO. 01-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; TRACT 933S--WALLIN COURT WHEREAS, hearing on Resolution of Intention No. 01-183 was held on September 17, 2001, at a regular meeting of the City Council at 10300 Torte Avenue, Cupertino, California; WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the City to vacate the hereina~er described portion of roadway easy,trent; that said portion of said easement is unnecessary for present and prospective public purposes. NOW, THEREFORE, BE IT RESOLVED: 1. That any and ail protests of the vacation of said portion of roadway easement be and hereby are ove~-aled and denied. 2. That that certain portion of roadway easement described and shown in Exhibits "A" and "B' attached hereto and made part hereof, be and hereby is vacated. - BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this lSth day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Cl~rk Mayor, City of Cupertino L~G~L DE~C~PTION STREET ABANDONMENT All that certnin real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the interse~:tion of the center lines of Milky Way and Orion La~ as shown on that certain Map entitl~i, "Tra~t No. 9335", flied for record in Book 740 of Maps at pages 54 and 55, Santa Clara County Records; thence along the .~icl center line of Orion La~ N $9°59'02" E 60.62 feet; thence leaving said center line N 0000'58" W 30.00 fe~ to the northerly line of Orion Land and the southerly line of Lot 4 as shown on said Map to the TRUE POINT OF BEGINNING; thence along the prolongation of the said · northerly line of Orion Lane S 89°59'02'' W 18.26 feet; then~ along a tangent curve to the right thru a central angle of 86002'31'' with a radius orS.00 feet for an arc length of 7.51 feet; thence northerly along the southerly prolongation oftbe easterly line of Wallin Court as shown on said Map N 3058'27" W 16.$5 feet, said point being on the westerly line of said Lot 4; thence leaving said easterly line of Wallin Court and the said westerly line of Lot 4 along a curve to the right fi~m a tangent which bears S 25009'32'' E thru a central angle of 15047'07'' with a radius of 42.00 feet for an arc length of 11.57 feet; thence along a reverso curve to the leR thru a cerm-al angle of 64°51 '26" with a radius of 20.00 feet for an arc length of 22.64 feet to the TRUE POINT OF BEGINNING. Said parcel of land containing 144.351 square feet, more or less. Marvin D. Kirkeby ,..~ - Ai3o~8,~7,,W i - . _ ,,~ ~ ',. ~ "?.~, _ " N89*sq'og "E'~ ~'¥'~ ( a. 15'47'07" .'~ .... ~7~=~-:=--~' ! LOT 4~TRACT ~ -~T. RO.i~.--" ',, .-,-,~ ,vt. o~ : "'AREA: 144. S5l $.F. KIRKEBY ENGINEEFIING PLAT TO ACCOMPANY DESCRIPTION ' ~.,ALE: J', ~J)' 3249 ~TEVENS CREEK BLYD~ SUITE 10;1 · SAN JOSE, CA 9li117. {408! 984-033i ,S_TREET 'ABANDONMENT -o /~ - 3 '! RESOLUTION NO. 01-226 · -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A PUBLIC SERVICE EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; 1248 WEYlviOUTH DRIVE WHEREAS, hearing on Resolution of Intention No. 01-184 was held on September 17, 2001, at a regular meeting of the City Council at 10300 Torte Avenue, Cupertino, California; WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the City to vacate the hereinat~er described portion of public service easement; that said portion of said easement is unnecessary for present and prospective public purposes. NOW, THEREFORE, BE IT RESOLVED: 1. That any and all protests of the vacation of said portion of public service easement be and hereby are overruled and denied. 2. That that certain portion of public service easement described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. - BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular moeting of the City Council of the City of Cupertino this 15th day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: -- City Clerk Mayor, City of Cupertino i$-I EXHIBIT A (Relocated Public Service Easement 5' Wide) All of that certain property situate in the City of Cupertino, Santa Clare County, California described as follows: BEGINNING at the Northwesterly comer of Parcel 2 as shown on the Parcel Map recorded in Book 718 of Maps at Page 7, Santa Clare County Records; thence proceeding along the Northerly boundary of said Parcel N89'55'23'E 5.00 feet; thence leaving said line and proceeding S00°04'21'E 120.29 feet to a point of tangency; thence along a curve to the left with a radius of 15.00 feet, an internal angle of 90°47'22- and a length of 23.77 feet to a point of compound curvature; thence along a curve to the left with a radius of 165.00 feet, an intemal angle of 16°29'01- and a length of 47.47 feet to a point of reverse curvature; thence along a curve to the right with a radius of 235.00 feet, an internal angle of 10°04'08- and a length of 41.30 feet to a point of nontangenccy in the Eastady line of Parcel I as shown on said Parcel Map; thence along said Easterly line S00°05'08'W 5.04 feet; thence along the Southerly line of the Parcel vacated by the City of Cupertino per resolution No. 00-084 and the Northerly line of Rainbow Dr., 30 feet wide, on a nontangent curve to the left with an initial tangent bearing S82°33'44'W, a radius of 230.00 feet, an intemal angle of 9'54'28' and a length of 39.77 feet to a point of reverse curvature; thence along a curve to the right with a radius of 170.00 feet, an internal angle of 16°29'01- and a length of 48.91 feet to a point of compound curvature; thence along a curve to the right with a radius of 20.00 feet, an internal angle of 90'47'22' and a length of 31.69 feet to a point on the Easterly line of Weymouth Dr. as shown on said Parcel Map; thence along said line N00'04'21'W 120.29 feet to the point of BEGINNING. Containing 1,284 square feet more or less and a being a portion of Parcels 1 and 2 as shown on the aforementioned Parcel Map. EXHIBIT B (Vacated Public Service EaSement 5' Wide) All of that certain property situate in the City of Cupertino, Santa Clare County, California described as follows: Existing Public Service Easement, five feet wide, as shown on the Parcel Map recorded in Book 718 of Maps at Page 7, Santa Clara County Records. Containing 1,175 square feet more or less and a being a POrtion of Parcels 1 and 2 as shown on the aforementioned Parcel Map. POB'"--'-"~'-~-- 30' ~ N89'55'23"E 107.62' 5.00' ~ PARCEL 2 I '- 7,233 SQ. FT. ~,. , I ~ 718-M-7 . ~ SCALE: 1"= 30 t'Y ~ S89'55'23"W ~ ~ 107.43' -r- ~ PARCEL '1 ~--' ~ ~ 9,283 SQ. FT. ~) I , ~ ~ 718-M-7 0 5 ----"//~ z~=90'4.7'22" ~ ~ -- R--15.00' Z~=10'04'08 ~ ~'~ L=23 77' Z~=16'29'o1"r'-' R=235.00' ~'.l ~ ' ~ R=165.00' ~ L=4.1.30' EXISTING 5' WIDE ~ ~ / L=4.7.47' / ~ PSE PER '~ ~, .=20.00" -"-- L=31.69' R=170.00 RAINBOW DR. ,=~.9~' PLAT TO ACCOMPANY EXHIBITS A AND B FOR RELOCATING A 5' WIDE PSE / -~ 10300 To~e Avenue Cupertino, CA 95014 (40~) 777-33(]8 FAX (408) 777-3333 CUPE iNO SUMMARY AG'I~DA NO..~ AGENDA DATE: Oe~ber 15. 2001 ._~A~ll~ plmmh~g Commi.~ion approval of Application No. 14-A~A-01, ~gn~ding and si~ nplxoval for lighting, color, matednh, landscaping and other design feaaues of an approved apartmenI building ~ Lot 1, Tract 7953, Cnp~dno City Center (APN) 369-0!-029). Thc Appl,/ca~ is the Stevens Creek Apartments (Vewna). Thc appeal was fried by Couae/lmemhe~r Doll B-,ae~. Contimi~ this i{~t tO the m~ctii~ of November 19, 2001. This appeal was comim]ed from the City Couacfl L~-'~g of AngUSt 20, 2001, Sep~ 17, 2001, nn.d C~iober l, 2001, to enable tim applicant to prepare detaged dmw~ng~ demomtrating thnt the build/rig p~a~ for fl~e planned Verona Apa~huent development closely ~semble fl~e approvals granted by DlSC~SION: ~ appli~=nt/eqllests anol]l~ ~n~ to pr~ ~e pl~ ~g ~ ~ co~ ~w~ ~otm m ~ ~ pl~. ~ ~p~t ~ a ~g wi~ C~c~ ~m~ B~ ~ ~s~ him ~ ~ time ~ ~ ~ p~ ~ ~i~ ~d ~ ~d m ~ rumply ~ ~ ~ ~mv~. S~ ~u~ ~ ~i~t pmp~ a leUer W ~ Oty ~ ~g why ~ ~n~ h ~. ~ ~ &e 1~ to ~ S~b~~ Appm~ b~ ~ o~ ~nffit7 ~~m City M~g~ -- ~r ~ ~eus ( w~ ~ ~v~ when avffi~le) H:V~mlffl~01 j4-1 Veto Gil From: jmoss@prometheusreg.com Sent: Thursday, October 11, 2001 12:23 PM To: stevep@cupertino.org; vemg~}cupertino.org Subject: City Council Meeting Pursuant to our Verona Apartment development located at the intersection of Stevens Creek Boulevard and De Anza Boulevard and the appeal of the Planning Commission approval of the project's exterior design elements, we' are requesting a continuance of the October 15, 200t City Council meeting to the City Council's next scheduled meeting in November. Our architects are still in theprocess of refining the design documents required for the appropriate review of the City. Please call me with any questions that you may have at 650-596-5369. I _~nreciate your assistance regarding this matter. Thank You. 1', Jon Moss Vice President of Development Prometheus Real Estate Group, Inc. Phone: (650) 596-5369 Fax:. (650) 596-5374 E-Mail: jmoss~iprometheusreg.com 1 City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 CiTY OF (408) 777-3251 FAX (408) 777-3333 CUPE INO Community Development Department Housing Services Summary Agenda Item No. 15 Agenda Date: October 15, 2001 Subieet: GENERAL PLAN AMENDMENT for revisions to the Housing Element and other elements that may be affected by housing policies. RECOMMENDATION: The Planning Commission recommends that the City Council approve: 1. The mitigated negative declaration, file number 12-EA-01 2. The General Plan Amendment application, file number 04-GPA-01, in accordance with Planning Commission Resolution No. 6111. Environmentnl Determination: Mitigated negative declaration recommended -- BACKGROUND: As part of the General Plan Update process, the Housing Element is currently being revised and updated. The Housing Element is on a "faster track" than the other Elements of the General Plan because State law requires that Housing Elements be updated every five years. Also, State law set December 31, 2001 as the deadline for Bay Area communities to have their Housing Elements certified by the State. A certified element is important to avoid court challenges, potential loss of state revenues associated with pending state legislation and to avoid challenges to establishing a redevelopment project area. DISCUSSION: HousinR Element Format: The Technical Document includes info..ation and data required by State law, and most importantly includes new goals, policies and strategies to meet Cupertino's housing goals as assigned by ABAG. The Technical Document will be an appendix to the General Plan when it is adopted; the Housing Element will consist of an Executive Summary and the goals, policies and implementation programs (Chapter 8 of the technical document). Relationshiv to Comvrehensive General Plan Review: As mentioned, the Housing Element will be adopted prior to consideration of a more comprehensive General Plan review scheduled in 2002. However, it will not be reviewed in isolation of other elements in the General Plan since au Environmental Assessment has been prepared that analyzes land use, traffic, environmental resources, public services, parks, etc. The Environmental Assessment, prepared by Planning Resource Associates, is 15-1 P~ntodon Recycled Pa~or GENERAL PLAN AMENDMENT for revisions to the Housing Element and other elements that may be affected by housing policies. October 11, 2001 Page 2 attached for review. Planning Resource Associates will be present at the meeting to answer any questions on the Environmental Assessment. The comprehensive General Plan review provides another opportunity to consider the Housing Element in the full context of all the elements. While most of the Housing Element changes are anticipated as part of this review, no doubt the comprehensive review will raise additional issues that could affect the Housing Element. In order to remain in conformance with the current General Plan, the new Housing Element does require some immediate changes to the current Land Use Element. These amendments arc as follows: 1. Amend the Land Use Map to increase the allowed density in thc Homestead Planning Area. 2. Amend the Housing Unit Allocation Illustration, Figure 2-B to retie, ct the new allocations. 3. Amend the Height Allocation Illustration, Figure 2-D to reflect new heights in the Homestead Planning Area. 4. Amend Development Allocation Reallocation Table to reflect new housing goals. 5. Amend Residential Priorities Table to reflect new housing goals. Maior Chan~es/lssues: During the updating of the Housing Element, new implementation programs were added to assist the city in designating adequate sites to meet the Regional Housing Needs Determination (RI-IND) number of 2,325 units. Below is a summary of the new implementation programs added to the Housing Element: · Program 1: Residential goals by planning district have been updated toidentify adequate sites to accommodate the new RI-IND number of 2,325. · Pwgram 2: Land use designations will be amended to accommodate the units by planning district. · Pwgram $: In addition to the RI-IND of 2,325 housing units, during the comprehensive general plan review, the city will evaluate whether to provide adequate sites for an additional 500 housing units. · Program 6: An updated nexus study will be commissioned to evaluate whether the amounts of the in-lieu fees for office development are still appropriate. · Pwgram 7: The percentage of Below Market Rate units required in residential developments will be increased from 10% to 15%. · Program 12: As part of the development review pwcess, the city will evaluate the impact any application will have on the jobs/housing balance. Public Meetings: The planning staff conducted several public meetings on the general plan: a community meeting, a meeting with the Economic Development Committee and a meeting with major employers and residential developers. At these meetings the goals and programs of the Housing Element were highlighted for discussion. In general, some of the public response O:'~l'lanninsV3e~ Plan~lousin$ Elen~'nt~cc04-GPA-01 (housing ~{ement).doe / ~' - ~.. 2 GENERAL PLAN AMENDMENT for revisions to thc Housing Element and other elements that may be effected by housing policies. October 11, 2001 P~ge 3 was that the number of housing units ¢~325) prescribed by ABAG on behalf of the State of California was too high. Staff explained that although the city is required to provide adequate sites for the construction of the RHND of 2,325 in the five-year planning period, market conditions will ultimately determine whether the units are constructed or not. At the meeting geared to major employers and residential developers, concern was raised about increasing the inclusionary housing requirement from 10% to 15%. The residential developers are concerned that the "below market-rate" (BMR) rental units developed through the inclusionary program do not serve employment categories such as teachers and other public service employees. The city's inclusionary housing program requires all rental units be targeted to low and very-low income households. The primary reason for this requirement is to allow low and very-low income units to be distributed equally throughout the city, If the rental units are targeted to median and moderate income households, as the ownership units are, then the city would be required to invest funding into 100% affordable developments. These 100% affordable units would not be distributed throughout the city. To address the concerns of the residential developers, the Cupertino Housing Committee and the Planning Commission, with the assistance of staff, will evaluate requiring a percentage of the BMR units to be affordable to median income public service employees. Program 7-b states that the city will explore providing additional priority to public service employees, including teachers. PlanninR Commission MeetinRs: The Planning Commission held three study sessions and one public hearing on the Housing Element. At the September 10, 2001 study session, the commission discussed the Technical Appendix and suggested several changes summarized in the attached chart, Exhibit A. It was suggested that the description of all existing programs be shifted fi'om thc Housing Needs Assessment, Chapter Two, to the City Sponsored Housing Program section in Chapter Five. However, State law requires a comprehensive assessment of housing needs, including all programs addressing those needs. Consequently, this information will remain in Chapter Two. Otherwise, all of the changes have been incorporated into the enclosed revised Technical Document dated October 'l 5, 2001. Review by State of California, Dei~artment of Housin~ and Community Develoi~ment (ItC ): The State of California, Dep~uhuent of Housing and Community Development is the state arm charged with the responsibility of reviewing and detei-ii-,ining the housing element's compliance with state housing element law. On August 2, 2001, the city submitted for review a draf~ of the City of Cupertino Housing Element Technical Document to HCD for the 90-day review period. The 90-day review period was to expire on October 2, 2001, except that the city forwarded revisions of the document on August 19, 2001. HCD, after conforring with city staff, extended the expiration of the 90-day review period to October 19, 2001. This was advantageous to the city, since it allowed the city and its consultant, Freitas + Freitas, additional time to address HCD's preliminary verbal comments. The Housing Element Technical Document has been amended subsequent to conversations PASSED AND ADOPTED at regular meeting of the City Council of the City of Cupertino this 15t~ day of October, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 04-GPA-OI CITY OF CUPERTINO 10300 Tone Avenue Cupertino, CA 9S014 RESOLUTION NO. 6111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT OF THE HOUSING ELEMENT SECTION I: FINDINGS WHEREAS, the City of Cupertino initiated applications for a General Plan Amendment as described in this resolution; and WHEREAS, the necessary public notices were given in accordance with the procedure ordinance _. of the City of Cupertino and the Planning Commission has held at least one public hearing on the matter; and WHEREAS, Application No. 04-GPA-01 reques .ts to amend thc C-cncrai Plan land usc, housing, environmental resources and public health and safety elements; NOW, THEREFORE BE IT RESOLVED That after careful consideration of the facts, maps, exhibit, testimony and other evidence submitted in this matter, thc following proposed General Plan Amendment is hereby recommended to the City Council for approval: A.) Amend the General Plan Housing Element, application 04-GPA-01, as shown in Exhibit B. That the subconclUsions upon which the findings specified in this resolution are based and contained in the public hearing record concerning Application 04-GPA-01, as set forth in the Minutes of the Planning Commission meeting of September 24, 2001, and are incorporated by reference as though fully set forth herein. /$-7 Resolution No. 6111 04-GPA-01 September 24, 2001 Page 2 of 2 SECTION H: PROJECT DESCRIPTION Application No: 04-GPA-01; 12-EA-01 Applicant: City of Cupertino Location: Citywide PASSED AND ADOPTED this 24t~ day of September 2001, at a regular meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVE: /s/Steve Piasecki /s/Patrick Kwok Steve Piasecki Patrick Kwok, Chahoian Director of Community Development Cupertino Planning Commission G:~PlanningWDREPORTXRI~Skv, s04-GPA-01 .d°c / ~ .~ CITY OF CUPERTINO MITIGATED NEGATIVE DECLARATION '-- As provided by thc Environmental Assessment Procedure adopted by thc City Council of thc City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on October ! 5, 2001. PROJECT DESCRIPTION AND LOCATION 12-EA-01 Application No.: 04-OPA-01 Applicant: City of Cupertino (Housing Element) Location: Citywide DISCRETIONARY ACTION REQUEST General Plan amendment for revisions to the Housing Element. FINDINGS OF DECISION'MAKING BODY The City Council granted a Mitigated Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/neg 12es01 Exhibit A Summary of Changes Made to Housing Element Insert/Chapter 8 at Request of Planning Commission Page # Description of Revision 59 First line revised 58 Reordered Projected Needs, minor edits and source data added 60 Edited Policy 3-1ro read "... meet ABAG's estimate of Cupertino's new construction need..." instead of" . . . meet Cupertino's new construction need..." 62 Edited Policy 3-3 to include wording on Iow and moderate-income housing. 62-64 · Edited Program 7 to include info,~ation on 1st right of refusal for BMR units · Edited Program 8 to include language on issuing RFP to solicit proposals for use of CDBG and Affordable Housing Fund. · Edited Policy 3-4 to add language encouraging smaller, moderate cost housing units. 64 Edited Program 12 to cladfy that the 2.4 job/housing ratio is an ABAG estimate. Edited Policy 3-6 add wording on the dispersal of affordable housing. 66 Edited Programs 15 to state that the city will "continue to efficiently process all development applications" instead of" the City will continue to expedite the processing of any developments with affordable units. 68 Edited Policy 3-9 to include ownership units. 69 · Added Program 25 to address conservation and maintenance of affordable units. · Added Program 26 addressing neighborhood clean-up campaigns. 70, 73 Added quantified objectives to programs 29 through 31, added and 74 map, edited table 15-1o Exhibit A Summary of Changes to Housing Element Technical Appendix at Request of Planning Commission Page # Description of Revision 1 Deleted Executive Summary 4 Converted Illustration #1 from bar graph to line graph 5 Deleted paragraph#2, seen as repetitive 7 Corrected error in household size. 8 Revised Illustration #5 - sorted by income instead of by City 9 Added soume data to Illustration #7 11 · Revised Illustration #9 by adding data for State of California · Minor edits to page 12 Minor edits. 13 · Converted text to table · Added "Current Resources" sidebar 15, 16 · Minoredits · Added 'Current Resources" sidebar 21 Converted table to bar graph 22 Revised Illustration # 15 by converting table to line graph 24 Deleted paragraph #1 - seen as repetitive 25 Subheading changed from "New Construction Need (1999-2006)" to 'Adequate Sites to Accommodate..." 27 Illustration #19 - removed line between Adoso Apartment and Heart of Cupertino 40 Edited sidebar for Policy 3-2 46 Edited sidebar for Policy 3-51 by adding 'Assistance was available for both single-family and multi-family units." 48 Edited #1 and fY2 to reflect five-year planning pedod instead of State extended 10-year pedod. 50 1st paragraph revised to reflect 5-year planning pedod. 56 New box added to bottom of page explaining that Chapter 8 serves as the Housing Element in the General Plan. H:~-Iousing Element~ummary of Changes t~ Housing Elcm~nt Insert.doc / ~-_/! Exhibit B Summary of Changes. to Housing Element Technical 'Document at Request of HCD Page # Description of Revision 33 Added new column to Illustration #21 showing acreage and availability of infrastructure. 34 Revised 4t~ paragraph to reflect estimated redevelopment funds. 60-61 · Added acreage to programs #1,2, and 3 · Added language to Program ~A regarding evaluation of the second unit ordinance and the removal of requirement that at lease one of the units be owner-occupied. 66 · Revised Program #15 to include parking standard incentives · Revised Program #16 to include shared parking facilities, policy on deviation from parking standards and development above parking areas 70 Added language allowing homeless shelters in the BQ zone. 73 Revised Illustration #5 - sorted by income instead of by City 77 Revised language to express General Plan will be consistent with Housing Element H:~Iousing Elcment~ummary of Changes to Housing Element Insert for HCD.doc / ~- / ~;L 13C'T-3.1.-29~1 15:99 HCD ~18 ZS? 8f34~ P.~,'~,~ October 11, 2001 lVir. Davo ~:uapp, City Manager City of Cupmino 10300 Tone Avcuu¢ Cup~, California 95014-3255 RF,: Review of the City of Cupertino'a Draft Homing Element Update Thm~ you for submitting Cup=tho's draft housin~ clement, ~cccivcd fo~ our rcvicw on Ausust 3, 2001 and supplcmcnud rcvi~ons and in~'mation recoivod by ~acsimile ~ion ...... . .... in Scptunb , and Octoba, 2001. As know, *peru=nt _ Community Development (DcparUncut) is required to roviow draft housing elements and zeport our findings to tho locality pursumu to Govc~m~ut Code Section 6~85(b). Om' review was c~.nitet,.d b~ ,elep~,~,,e conventions during Sef,~,nber 2001 wi~h iris. Yen-a (3il, ~he City's Plann~, and lvis. lVieln,,~e Shzt~ Preitas, tho City's Consultant. Wo am pleased to find that thc City's draft element, with the inclusion of ~he addition,,! ;,,rnrmstion submitt~, addreues nil of tim statutory requiremems of Stye housing elunont law (Article ].0.6 of tho Govemmmt Code). The elcmem will be in full compliance with the law when adopted and submitted ~o this Department fo~ revizw, pursuant u) Government Code Section 65~85(h). We eomm.~d thc Ctty. for its innovative land use sUatcgics i~ludi~g the "Heart of the City" Specific Area Plan which incorporates residential uses in a mivod-12Se/;nfi11 ZOlac. A ~ood . example of thc City's successihl etforts m promot~ tafc'vclopmeut of underutilized sites is thc recmltJy colllpletcd pinn Brothers D~-vol~ T]~ mf~ed-tlsc lXUject, pFovides 46 townhomcs and office/commercial space, with t rcsidentia! density of 35 units per sclc and includes somc aifoniabl~ units. We encourale the City m continue il succussful implementation · ' ........ ° ............ ' ~ ' ' '.'" ;.~ .-id We encoura~ the City to review the r~luirements of ~.e ~obs*Ho--e{r,_a Balance lmprovcment Pro,'am (enclosed) that provides grants to local Sovanmentu that incrcasc housin8 supply and have t ho,,,{,,_~ clement in compliance with Stm law. Funds from this Prop~n2 can bc used for as mishborhood park facilitios, bib paths and com,,m,,ity mum. Mr. Dav~ I/~-*i~2, City Manager · P~e 2 ' For your ~n¢~rm~on. wo have ~o ~uclomd a ~f ~pfion ofn~ ~ ~sfing hous~g ~d c~muni~ ~~t pm~ -~ifllq~ ~.~.~ ~ wi~ ~.~..,..~ ..... . ~ ~o c~t fi~ ~. Wc ~ pl~ m ~ a ~sm~c ~ ~ ho~i~ f~ av~i~l~ ~ H~. A~o~ inflation, incl~ing ~ No~ of F,,,al-g Av~ ~OFA). is a~l~Ie on o~ ~b~ ~ ~,~6~. ~o~. d~g ~ ~e of ~ ~. ~ ~ ~fi~al mi~ ~ have ny q~ pl~ ~ ~ Ni~ ofo~ ~ ~ (91~ 323-317~, offs ]~ m ~ ~d~ ~ ~I~. Octeber 15, 2001 EXHIBIT C ClTY'OI~ CUPEILTINO HOUSING ELEMENT TEe#NleAL I]OCUMENT 2001-2006 CITY OF CUPERTINO Housing Element: 2001-2006 DRAFT: ]LILY 2001 City Council Sandra James, Mayor Richard Lowenthal, Vice Mayor Don Burnett, Councilmember Michael S. Chang, Councilmember Planning Commission Patrick Kwok, Chairperson Marc Auerbach Angela Chert Chuck Corr Geoff Patnoe Housing Commillee Juia Abck~,Chaipe~ ITchc~~ Saah Hult ~oy-Feit CeaT~o K. Fu Richard Schusfer Commun!ly Development Depadment Steve Piasecki, Director of Community Development Ciddy Wordell, C~ Planner Vera Gil, Senior Planner Adopted by Clh/Council: HOU.~NO R .~Er~ PREPARED BY: MELANIE SHAFFER FREITAS F:REITAS + I:RmAS, ENGINEERING AND PI. ANNING CONSULT&NTS 311 LAURENT STREET ~AmA CRUZ. CALIFORNIA 95060 {831) 471-9~42 Toble of Conterds INTRODUCTION ......................... ~ ........................................................................................... 3 2. HOUSING NEEDS ASSESSMENT ......................................................................................... 4 POPULATION INFORMATION. ................................................................................................................... 4 HOUSEHOLD INFORMATION ....................................................... ~ ............................................................. 7 SPECIAL NE~ HOUSEHOld& ................................................................................................................ 12 HOUSING STOCK DATA ............................................................................................................................... 20 3. PROJECTED HOUSING NEEDS ......................................................................................... 2~ ADEQUATE SITES ............................................................................................................................................ 25 ADJUSTED NEW CONSTRUCTION NEED: 2001-2006 ........................................................................ 26 CONSEKVATION OF AFFORDABLR UNITS .......................................................................................... 28 4. RESOURCE INVENTORY ..................................................................................................... 32 LAND INVENTORY. ....................................................................................................................................... 32 FINANCIAL RESOURCES ............................................................................................................................. 33 5. AFFORDABLE HOUSING OPPORTUNITIES ................................................................... 35 SUMMARY CHART OF AFFORDABI.R UNITS IN CUPERTINo. ...................................................... 38 6. REVIEW OF 1993 HOUSING I~I-I~MENT ................................................................ ~ ........... 39 PROGRESS AND IMPLEMRNTATION SUMMARY .............................................................................. 50 7. HOUSING CONSTRAINTS ................................................................................................ ~...5! GOVERNMENTAL CONSTRAINTS. .......................................................................................................... 51 MARKET CONSTRAIN~ ............................................................................................................................. 55 8. HOUSING PROGRAM STRATEGY: 2001-2006 ..................................................................... 57 9. ENERGY CONSERVATION OPPORTUNITIES ....................................... , ......................... 75 10. CONSISTENCY WITH GENERAL PLAN ......................................................................... 77 11. PUBLIC PARTICIPATION ................................................................................................... 79 APPENDIX ................................................................................................................................... 80 1. INTRODUCTION The Housing Element is one of seven dements txxluized to be included in the City's Ge~- ~ plm. There are specific guidelines devdoped by the State of California for subjects that must be included in a Housing El~nent. These guidelines are identified in Article 10.6 of the State of California Government Code. Article 10.6 spe~4fies tl~t Hon~ing Eletmmts must evaluate the current housing market in a community and then identify p~ograms that ~ meet housing needs. The housing market evaluation includes a review of housing stock chaeactetistics ss well as housing cost~ house- hold incomes, special need houscholds, availability of 1And and inft-sstructuee and vasious othe~ factom Also included in this evaluation is the community's "regiomd housing needs allocsttion" which provides an estimate of the hum- bee of honking ,mits that should be provided in the commnnll]r tO meet its "fair sluu-e" of new households in the region. In addition to this in- formation, the Housing Element document must evaluate and ~ its past housing ptx~r~m, and considex this I~iew in pl~n~ing future housing sR'at~es. The City's px~wious Housing Element was com- pleted in 1993. Usually, Housing Elements are qu/t'ed to be updated evei3r five yea~ However, . due to budget constraints at the State, l~gional housing needs data v~s not swii~ble and the five- year period was extendec~ In 2000, the regional housing needs data fo~ ABAG (Association of Bay abl~ Communities in the ABAG ~gion, such ss Cupertino, v~re instructed to update their Hous- ing Elemants using the ~rised free ye~ time pe- dod of 2001-2006. This doo,ment constitutes the City's 2001-2006 Housing Element. The 2001-2006 Housing Ele- ment contains the most ~t information in t~- gant to Cupertino's housing m,vket ss of Sp~ing 2001. Unfoetunately, only a very limited ~mount of 2000 U.S. Census data was swil~ble at the time this Element vas pwpared. Therefoee, 1990 U.S. Census dsm is sometimes cited but, ss much ss possible, is updated with mo~e recent sotm:e in- formation. 3 2. HOUSING NEEDS ASSESSMENT POPULATION INFORMATION P O P U L AT I O N Sbce it~ incon,o~,tion ", t 955, m~ a~ or Cup~o'~ mp~ h~ ~ ~- CHANGE ~Y' In tgss, me po~ o~ me ~co~o~d ~ ~ ~, m~ ~s~ p~ ~y 19~, ~e pop~ ~ ~s~ m 3,6~ p~. In ~e ~ d~d~ s~ ~ ~e p~fion ~s~ to a to~ of ~,5~ p~o~ ~0 0 lg60 1970 lg80 1~0 2OOO Cupertino is Io~ ~ Sram CI~ ~ ~& ~ ~e ~st portion of ~y co~V ~ ~e Sm F~co Bay ~om S~m Cla~ Co~ ~ ~ ~ con~ue ~ be ~e most porous co~ ~ ~e ~ Ac~ w ~fim,~ pt~ ~ ~AG (Ass~fion of Bay ~ ~~), Sram ~s~ Co~ h ~ w ~se ~m 1,755,3~ p~ons ~ 2~0 to ~016,7~ p~ ~ ~. ~s h a 14.8% ~se ~ ~e ~ y~ p~o& Mu~ of this ~ is ~ w o~ ~ ~e ~ of S~Jos~ H~ ~AG does pwj~t · at ~e p~fion of Cup~o ~d its sph~ of ~flu~ce ~ ~e by l~/0 d-d~ ~e ~-~20 ~e ~ ~e esdm~d p~fion for ~e d~ ~d i~ sph~e of ~flu~ce ~ 20~ h ~m~d W be 66,~ p~ona POPULATION ABAG also p~ojects thst Cupertino's employment will increase d,,~ing the next two decades. The numbee of jobs in the City is expected to increase by 20% fxom'2000-2020. It is esti- A N D mated by ABAG that appmximatdy 78% of the new job gna~vth in Cupertino during the EMPLOYMENT 2000-2020 time period will be in the service and rnao,,~cmfiag/wholessle sectom The G R O W T H ~ on the £onowing p,ge 011u~tion #2) pxx~vicl~ some sample jobs and sshdes for those two sector~ As the infomasfion in the chart demonstrates, there ~n be a wide disparity in med;~, hourly wages for employees in uae same job secm~ For example, in the manufact.,.ing sector, the engineering ra~.sget hss a median solo~ which is fou~ times greatex thlul the equipment 4 assemble~ According to infomastion reported in the "2001 Index of Silicon Valley" (Joint CHAPTER2: HOUSING NEEDS ASSESSMENT Venture Silicon V~lley NetworJd' J~-~ 2001. pA6), the disp~ity between high md low income househol& h,, increased in recent yc~'a H~=income households in Smt~ Chin County experienced a 20% inc_,~se in household income between 1993 smd 1999 while lower income households experienced a 7% d~lifle. Services Computer Eagineets $33.78 medi~ hourly ~ ($70~62 J~/~ $ 7.62 meai~n ho~y ~ ($15,~9 P~-~M--~ . $50.05 m~i.- ho~y ~ Source: D~a~t~n~ ¥ Y-~p/O~,a D~n/~n~ St~ Or C~.~ The State of California, Employment Development Dep~i~,ent, l'ms identified a comp~e- bemire list of typ'~l jobs ia Ssmm ~ County in the services and r~nuf~cv,ti~g job sectom The jobs listed above are some ~r~mples of jobs ia those sectors smd ~eflect mc- dia, hourly w~ges estimated for the 1997-2004 time petiod. '- In comp~ti~gjobs to households, Cupertino is "job tich?' UsingABAG esfinmtes for the JOBS AND year 2000, there w=e 2.4 jobs for every householdia Cupertinc~ This nttio is typical of oth= comm,,-i~ ia the notthet-n Ssmta C]~t County nrea. Between 1999-2000, "job rich" nurth- HOUSING em Santa Clmt County gained 16 new jobs for every one housing unit built 'ff=~ouse tieh". southern Santa C~o~ County Ipined three new jobs for each housing unit built. (Ibid, IX20) The tntio of jobs to households is importsmt beeause ~ mom jobs ate cteat _,~J_. there is gteate~ de~nd on the existing housing stock in the community, ptices can be "hid up," smd house- holds who cannot find housing end up commuting longer distances to work. One of the needs identified O.rlng thc preparation of thi, Ho-,,i-g Element was thc desire to achieve a more b~l,nced jobs and hot~_ing mfi~ Prog~un # 12 in C. hapt= 8 of this document addresses this need. 5 Cupertino's population has become more ethnica~y divers~ When it was l~u-st incorl~orated POPULATION in 1955, the community was pti~dly white with very £ew minorities. In 1980, thc most B V l~'evale~t ethnic g~oup was As/an-American which represented 6.9o/0 of the popuhtion at E T H N [ C ! T Y that time. Howeve~ the 2000 U.& Census clam indicated that the Asian population hsd increased substang.lly in Cupertina In ~act, the percentage of Asians (44°/0) is dose to the pel~ent~e of white persous (50%) in the Cuper~o community in 2000. ~11~ III % of Populntlon 40o/4.," lee04000 White Aelan Black Hi.panic Other · om~-e: U.S. ¢~..~, 1990 m~d2000 It should be noted that the 2000 Census eeported ethnic and mclal data in s different manner th.n in the past. Hispsn/c is repoeted as afl ethnic category and those of I-tispanic ethnicity could be reported also ss a racial category (~1~ White, Black, Asian, eta). The data in the table above reflects the percentage of I-Iispanics of any race as well as the percentage of persons who identified themselves as non-hispanic end white, black, ssi~% etc. The "other' category in 2000 ~flects other smaller ra~i~l groups ss well as persons who identified thek herit~e as two o~ mo~e races. POPULATION Cupertino's ege distribution ch-n?d dugng the 1990-2000 decade. The percentage o£ chil- B Y AG E d~. teeusgers and older adults (65 + years) increased while the 20-65 age groups declined. 1 ~ 2000 Pc)l~ul d i a-~ Pc~I~U! d i a-, 6.0~/o ~. 'J. ~/~ -I- O. '2. % _~-19 "~J~"B 1_. '7.~o/~ "~'"~'..~,o/o -t- 4-..~% 20--q4 Years 58.0% 51.9% - 6.1% !.~S44 Years 9.80/0 8.7°/o - I. 1 o/,~ 65--74 Years 5.2% 5.8% + 0.6% Yeats 3.2°/0 5.20/0 + 2-0°/0 Source'U.S. C~.~, ~990 ~md 2000 CHAPTER 2: HOUSING NEEDS A,~ENT The trend of increased percmta~es in thc population groups o£ childm~ to~%,~-s and olde~ sdults is expected to continue in the furore. In fact, the State of Cslifomia estlm~l:e~ that in California, by 2020, the percentage of children under 18 yeats of age win grow to 27.4% of the total State population. It is further estimated that persons over the age of 55 yeats win represent 26% of the toud statewide population in 2020. HOUSEHOLD JNFORMATION For purposes of evaluating housing supply and demand, it is helpful to translate informa- tion from population figures into household dsm. The LI& Bureau of the Census defines a household as all persons who occupy a hon,ing unig wl.lch may include single p~sons ~ alone, families ~lated th.rough mattisge or blood, and unrelated individuals living together. Persons living in ~ent or convalescent homes, donnitori~, st other group living situmions a~e not considered households. The 2000 U.S. Census data indicated that there were s total of 18,204 households in Cupertino. AppzoTimately 75% of those households were el~asified as "f~mih/' house- holds and the ~m,ining 25% were "non-family households" Most of the "non-family" C.U R R I/Iq ? househom w~e in~vi~,,~, ~ alone, of the total ls~.04 households in Cope~i~g HOUSEHOLDS 21% (3,800 households) included an individual 65 ye~s of age or older. Household s/ze is m interesting indicator of ~ha%oes in population or use of housi~ An inerease in household size can indicate s greater number of large f~mili~-, si: a trend tovnmt overcrowded housing units. A decry_ qe in household size, on the other hand, may ~eflect a greater m~mber of dderly or single person households or a decrease in family size. HOUSEHOLD Acco~lin§ to the 2000 U.S. Census, there were 2.75 persons per household in Copetninc~ Thisis aninc~ease f~omthe 1990 census data which indicated that thete,,,e~e2.60petsons $ [ Z[g pet household. Cupertino's 2000 household size does not vary significantly fwm the aver- ages for Santa Clara County o~ the State of California. City Cf County cf Stale Cf jjjjjjjj~j~ ~tino Smta Clara Califc~nia Average 2.75 2.92 2.87 Household Persons Persons Persons Size ;~, 2000 In 2000, the m~n income for Cupertino was estimated to be $110,200 pe~ household. (priljectio~s 200(L ABAG, Decembe~ 1999, Ix 225) Cupertino's mean household income in 2000 was the sixth highest of all communities in Santa Clszs County. Only Saratoga, Los HOUSEHOLDS Altos I4_ills, Los Gatus, Monte Senmo and Los Altos hsd mesh household incomes highez B Y thru Cupertin(x The chart bdow compa~e~ Cupextino to othex communities in Santa Clan~ I N C 0 M E LEVEL !,i ~ I ': Household incomes ~e expected to in- <~,. _ c~ease in the futu~, s. cco~ding to the . ABAG pmjectious. In 200.5, the mean ~: ~'j ~'r-t ~(~.~:r' : 7 ~ :~ iJ ! 3 ~ '~i household income in Cupertino is ex- "~ ' ' '!-'~- " pected to be $117,4OO and, in 2010, the ~ (),~1 ,? mean income is estimated to increase to $124,000 pe~ househol& { Los A{t0s H{{{s $250,500 When ~-viewing household income in£o~- ~111111~ 2 M0n)0 $0ren0 $220,900 mation, it is helpful to evaluate the p~o- Il#Il ~ $0rat00a $18~,500 po~on o£ households by income level. {l{~#{{{{{ ' Typically, households a~e defined ~s vet? 1~{{11 4 LOS A{IOS $159,300 Iow-income, low-income and mac. re ~{{~1111 incom~ _All ~:m~i.i.$ households then 5 LOS Oat0s ${26,600 ~e considered above-moderate o~ uppe~ incom~ TypicallF, housing ping. ms v,4th federal to the vetT low and low-income house- 8 Mot§an H{{I $90,700 holdlevels. Housingp~osm'ams u)ili~ing 9 M{{p{tOS $85,200 Redevelopment Tax Inct~cment fimds o~ othe~ State p~og£~ms ~ applicable to {0 Sunnvvale $82,300 very Iow, low and made,ate-income household~ Listed on the facing page 11 Mountain View $78,100 (lllustzation #61 are the t~,x4mum house- hold income limits by household size that 12 San Jose $76,600 are used by fedeafl, state and local hous- ing programs. The categories are deter- 13 ~a m D D el I $ 74,200 mined by the average household income ss a pe~celatage o£.merliln income fo~ the 14 Santa Clara $72,600 15 GIIr0y $67,500 2000,/~4G, D~b~ 1999, ~ 225 8 CHAPTER 2: HOUSING NEEDS ASSESSMENT ImCc~eg~y 1 P~son 2 P~son 3 P~sm 4 P~sm ~comc (0~0% of $30,550 $34,900 $39,300 ~3,650 ~c~c) (51~0°~ of Medhn $48,~50 $5~,2~0 ~62,X50 ~69,050 Moderate (81-~0% of $7~,~20 $8~,760 $94,320 $~ 04~760 Medhn Sore-ce: U.S. Dtpart~t of Ho~c/~g ad Ur~ Dm]o?~, '~ ]~ P~ I~ ~'~ ~e ~ble a~ ~mmfi~ ~ ~ h~o~ ~ for ~ 1~ md l~c~e ~ us~ to ~ ~ for f~ s~ md 1~ h~s~ pmk. ~e"mod~te ~e" definition as us~ ~ ~e z~ ~b~ ~o~old ~ be~ 81-1~/0 of megion) ~ &e de~ni~ ~ for S~te ~d lo~ ho~ Es~t~ of &e p~o~ of hous~ol& ~ ~c~e 1~ ~ ~oped &~m 1990 (~T~k ICfor~of Cup~g 1~0). ~ep~e~- ~fls ~ esfim~ ~ 19~ ~ a~ to ~ 2~0 p~&~ ~es. · at ~ 2~ it ~ ~fim~t=d ~t &~ ~ 8.5% ~ 1~ ~e 0,547 hom&ol&) 4.4% l~-~e (~1 houston). ~c C~ mble ~ ~e f~ ~n of m~- a~co~ ~d ~y ~ h~ol& ~ ~me ~m 81-95% of Usifl~ ~e f~ defiflifi~ 3.9% of Cup--o's borzoi& w~e id~fifi~ ~ mod~te ~com= ~e ~m~ ~ ~m~on ~ =~m ~c ~m=~ p~m~ of h~ ho~ ~ ~e Cup~o ~ ~ ~c~c 1~ f~ 2~. 8.5% Very Low Income 4.4% Low-Income ~ "/' g/lnitllll ~/:. llllmllqf M ode rate IB~ LILll, ~r,,Income ~tlBl~BlJJBr elt~tlemefllm 8a.2% 2MO. Upper ~ income 9 While the rmjotity of Cupertino's households are considexed '%pper income," it is impor- tant to note that the househol& who ~re low~x income ~xe important and valuable members of the l~bur force. M~ny of these households are setwice wotkees or retail employees ~ho ~re employed in Cupertino or surrounding communifie& For e~ample, a full-time set-vice v~rk,~ earning $7 per hour has an annualincome of less th,n $15,000 per year. Further, in Cupertino, s teacher or public service employee could be el~qsified as a low-income house- hold. For ~,mple, a 3-person houschold with a teacher as the primary wage earner and a spouse who stays at home m care for the child would probably have an income of less than $62,150 per year and would be considered a low-income houscholcL It is impommt that the community strive for a goal of providing sufficient affordable housing to meet the needs of varying income groups and job ch,sificafons in the City. Using state and federal definitions, a household Ls conddered to be "overpayi~' for hous- HOUSEHOLDS ing when they spend more thru 30% of their annual income on housing cost~. Lower income houschold~ typically "overpay" for ho-~ing more tlum moderate and above modet~ OVERPAYING ate-income households. In fact, as the household income levels increase, the percentage of F 0 R households "overpaying~' for housing typi~lly decrease. HOUSING ,9om,~e.. U..g.D~pattnnnt ¥ H,~t.~& atul UHa~ D~I~,~, ~ T,~k lC', C.i~ ¥ C~perti~o, 1990 According to the chart above 0]lustrafion #8), appmxim~tdy 72% of the City's very low income households (households with incomes less than 50% ofmedi~u income) paid more than 30% of their income for hov,lng. This figure deere~es slightly W 66% of all low- income households (households with incomes from 51-80°/0 of medi~q income) md then deere~es fitrther to 55% of all moderate-income households. Whm these percentages ~xe applied to the number of households in 2001, there would be 1,199 very low income house- holds and 529 lowincome hbuscholds overpaying for housing, a total of 1,651 lower income households oveepayin~ CHAPTER 2: HOUSING NEEDS A~$E$$MENT In Cupertino, overpaying for housing affects very low-income rentet~ the most. Of all renter households in Cupe:tino at the very lowest end o£ the income scale (O-~3% of merli~n income), appwx4m~tdy 70% were ov'etpaying for housin~ Fo: households ~t 31-. 50% of mediatx inCOme, 95% of tent= households were overpaying for housing. Many of these households ate in fact paying more ~-n half of their income for hous~ Data for the San Frmdsco Bay Ares indicates that more than half of ~1 vetylow-income renters pay more than 50% of their income for tent. r'Ametir~n Housing Smarey;' 1993 San Francisco and San Jose Metropolitan areas) Household tenure (owner occupied or rent= occupied) is en important ~h~--~i,tic to review in evgluatlng houuing supply and d~'n~-cL Comm-nlties need w have an adecluste supply of traits awlhble both for tent and £ot sale in order to accommodate s nmge of HOUSEHOLD households with ~fing incomes, f. mily sizes and composition, Me stldes, em T E N U R E In Cupet-tino, the m~iofity of housing ,nits sre ownei'-occupied. Of all occupied ,nits in the 2000 U.S. Census, 63.6% v~e owner-occupied (11,583 households). The r"m~ining 36.4% were renter-occupied units (6,621 households). Palo Alto 57% 43% City of Santa Chra 46% 54% Saratoga 9 O% 10% County of Santa Clara 60% 40% State of California 57% 43% 11 Within each community, there may be certain sub-populations that h~ve special housing needs. For purposes of this Housing Element, following ate the households that have been S P E C I A L identied u having spet-;,1 housing needs: N E E D 1. Homeless Households HOUSEHOLDS 2. t g= Househo smd Ov xo ed Ho eholds 3. Single Patent Households 4. Elderly Households 5. Disabled (Physical smd Mental) Households Fatmworket households ate also typically considered to be households with special needs. However, a review of all ivailable clam for the City of Cupertino indicates that there is not a significant ~umber of fatr.,,aorker households wirhi,~ the City md, consequently, they are not identified spediicsli¥ as a group with special neeck The 1990 U.& Census clam identified only 78 persons in the City's labor force who were employed in sgticultund work. Informs- tion from the State Employment Development Dep~tmmt (F_,DD) xvas also reviewed and indicated no significant n~rnber of wo~lr~s employed in the sgaculm=! secto~ in Cupettina There ate homeless households in Cupertino although they are often "hidden" and not as visible as in othes-~ mo~ u.~b~ni~ed comm-nitJes. The 1990 U.S. Ce~sns data ~'epo~ted no HOMELESS homeless dat~ for Cupertino (there were no individuals idemified in "emetgeney shelters" or HOUSEHOLDS "visible on street loeatlon'~; however, other data does indicate that there ate homeless indi- viduals and households in Cupertimx As part of the County of Santa Clara '~tban County;' Cuperlino was included in a 1999 survey of homeless individ-,l;. That survey identified 20,0~0,. episodes of homelessness in Santa Clara County. This was an increase from the 1995 survey that identied 16,000 epi- sodes of homelessness in the County. It is important to note that sm individual or household could beve mort than one episode of homelessmess in a yes: The 1999 survey did not specifically iden6fy the number of homeless in Cupertino but the survey results were based on inteiwiews conducted with homeless individ,,,l, connected with Cupertino Community Services. Some of the mo~ sig-i~csmt dam/mm the count3~ide survey include& · "~ There were twice as many males ns ~emales in the homeless populatlotx. -~ The majority (79%) of homeless were individuals who we/e eithe~ single, divorced, widowed or separated. Homeless adults with ehilcl~en zeprtssmted 21°/o o£ the survey respondents. · "~ The nnmber o£ working homeless was 34%. -~ Approximately 73% of the homeless listed Ssmta Clara County as thei~ last phce of residence bef'o~e becoming homeless. · ") The rnnior ~casons individunls gave for becoming homeless were: 1. lack o£ a job (21%), 2. hck o£ a£fcudable housing (17%), 3. lack o£ money (14°/o), smd 4. ck-ug smd/or substance abuse (8%). Staff at Cupet~no Community Services report that hck of affordable housing units is one ] 2 of the prim~T re~sons for homelessness in Coperfino. Funber, they have identified the lack CHAPTER 2: HOUSING NEEDS ASSESSMENT of ~esouzces in Cupe~ino for ~,~;li,,.s with chilcken, esp,,~,ily f,,~d~hesded households. Anc~ surpgsin~y, they note that the~e s~e now a s~nifi~nt number of homeless with col- lege.and/or professional degrees that they have as cl/ent~ Incidences where teschers or lsva]etl sre homeless £or s peiiod of time and need emergency shelte~ s~e not uncommon.. II CURR~NT PROGItkl~S AN1) R~OURCY_~ CUeRE~T Na~ige ~vi~ r De s c~lon R E s O u R C Es H~eless Cup~o .A~inlstm h~eless se~iccs FOR Se~ices C~~ ~ beh~f of ~ ~. S~c~ (ecs) H o M E L E S S pe~ed use ~ ~e ~ua~- ~c Zo~ Dis~ct. H~less Eme~enq Shelten s~ble ~ Cupeao S~te~ H~g ~si~nts ~~t ~e ~onso~ Count. ~es~c Suppo~ N~ Cu~o ~sidents can be Violence S~te~ for Bs~e~d ~fea~d to t~s shelt~ W~en Oocsted ~ M~ Vi~) ~enw~d CCS ~ · ~m u~ts a~flsble T~i~o~ up 'to 2 yes~ per stay. Cona~,2,,w of ~ issists Services and housi~ Ca~ ~n~ ~gh ~om~fies ~ homeless the Ssnts ~sm h~sehol& Se~ces ~clude Coun~ U~n ou~sch s~d sssess~ent of Co~ P~m nee& of h~ess) e~ncy shclte~ ~nd ~i~o~l housiK HOMELESS HOUSEHOLDS: PROJECTED HOUSING NEED Ada~lional affontab~ housing is lhe pgma~r need f~ home.ss individuab and fan. es. Fu~h~, CCS Mall mpofl that them is a need ~mom h,~d~ hou~ng unh, mpeck~y those thee could serve family households. In need oflrangflonal housing oppo~n~ The Roteelng Shelter Program has been ope,-uil~c In Cupedinofor over a decade and e,~-,.yneeds. 13 Arlequnte Sites for Homeless Facilities: Rotating shelter fitcilities are permitted uses in the Cites '"BQ" (qussi-public f~cilities) district The City will revise its Zoning Orrlin~rtce in 2001-2002 to allow pem~nent emergency shelmrs in the BQ distzicts als~ (See Program #29 on p~ge 70.) In 2001, there were 1.75 vacant acres in the City's BQ distdctr~ Tamsi- tionsl shelters are allowed as permitted uses in all of the C, itT's multi-family reside~tiol dis- LARGE "l ~,ge households" are households that contain five or more persons. In !990, the census HOUSEHOLDS d,ta demonslz~ted tl~t spp~oximately 7% of all Cupertino households we~ large house- A N D hok~ Of all lszge households in Cupertino, 65% were owner-occupants and 35% were O~C~ zemer-occupants. I£ these percentage figures are applied to the total households in Cupertino HOUSEHOLDS in 2000, then 1,274 households ~'e large households (7% of 18,204 total households). Of those 1,274 large households, 828 are estimated to be owner-occupants (65% of sll large households) and 446 are estimated to be renter-occupants (35% of all l~zge households). Large households and overcrowded households are often evs]u~ted together because of the tendency for Is~ge households to also be overcrowded households. A household is typic~lly considered to be 'overcrowded" when the number of persons living in a housing unit is greater than the number of moms, exdurling bathrooms and kitcheng Overcrowded house- holds are usually s reflection of the l~ck of ~fordable housin~ Households who cannot affozd housing units suitably sized for their households are often forced to live in housing that is too smidl for their needs. Cultural pre£erences in living styles may also result in overcrowded household~ According to 1990 U.~ Census clots, there were 618 households which could be classified as "ovetczowded;" in other words, households with more than one person per mom. These 618 households represented 4% of s]l Cupertino households at that tim~ In cumpo~i,on, overczowded households comprised 11.7°/0 of all households in California for the same time period. If the 4% figure were applied to the total Cupertino households in the ye~r 2000, it would appear that 728 households are estimated to be overcrowded (4% of 18,204 total households in 2000). Tn 1990, 63% of all overcrowded households were rentem. Therefore, it is estimated that 459 households in 2000 ate overcrowded and z~tet~ OVERCROWDED HOUSEHOLDS: PROJECTED HOUSING NEED There does not appear to be a significant problem with overcrowded households in Cupertino. Only 4% o! all households am e,li, r.~.d fa be overcrowded. In asubmban commurdly such as Cupe~no, it Is most ~ely that these are large family households with chldren. In addliton large, extended families lying in one housing ur~ are olten common for households of various ethnic and cultural backgrounds and thIs preference can also 14 influence the number of overcrowded households~n a commune. CHAPTER 2: HOUSING NEEDS ASSESSMENT Female single parent households are much more prevalent th~n male single parent house- holds. The 1990 U.& Census ~eports that there weze 520 female-headed households with S I N G L E children under the age of 18 yeLrs in Cupertino. These 520 households represent 4.70/0 of ~11 family households in the City at that time. P A R E N T HOUSEHOLDS A comparison of household income data pmvicles important in£om~6on t~-~u~llng dn~e pz~nt, esperi~lly f~'m~l~hmcled householch. The m~n income for all m~r~ied couple famili~-s with ch~ ~11 CU~t~IO Was $89,350 ~ccordlng to the 1990 ~S~ Census. How- eve~, the mean income for a £~,male he~d of household foz that same time pel~ocl was only $39,346- less th~n h~lf the income for a m~t~ed coupl~ This g~p in income level m~u~s it much mo~e difficult £ot the f,~lp he,led household to secu~ clecmt md sffouhble hous~ The limited income status of single p~_~ent households is ~lso ~eflected in data pmvicled by the So'al Service~ Agency, County of Santa Clara. In thek qua~t~ly statistical data report of public assistance £~milles in the County datecl J~n~ty 2001, sk~gle patent households comprised 90o/0 of all Cupertino households assisted with CalWORKS funds (formerly known as J~id to Families with Depenclmt Children). Th~ were a total of 38 households receiving CalWORKS assistance in Cupertino, 34 of th~se households wexe one patent households. I Cu~~r Catholic Social Services pmvidss a service to "~at~.h" s'mgle parent households in sha~ed RESOURCES ho,,d~g zzzangemmt~ F~om 1998 - 2000, the~ ptx~vicled infor~atiou znd/o~ assistance to approximately 10-15Cupe~tinohouseholdsannmlly. Inzdclitiontoshat~clhousingoppo~- FOR SINGLE tunities, the Simms House is located in Cupertino and pzovicl~s housing for s limited z~nm- P A R E N T be~ of ~ pasmt householcl~ HOUSEHOLO$ SINGLE PARENT HOUSEHOLDS: PROJECTED HOUSING NEEDS Affordable housing is one of the more Umlledhousehold Income condrains the ablily of tingle pmer~ househok~ to"agord" they may have to rant a houdng unit that b too smal tot thelr neecb because It b Ihe only type of housing that they can afford. Other to]cia, avalal~ly of chid care services and SENIOR Olcle~ adult and elderJy persons az~ gmdu~ll7 becoming a mote substandal segment o£ a HOUSEHOLDS commmfity'; population. Ame~s az= ~ long= and ~ze having tidier lives t~a. eve~ be£o~ in out history and ~ ezpected to continue to do so~ The average l~e ezpectancy of 15 a pe~ou bom in 2000 is 90 yea~. In 1990, 12% of all Cupertino households ~nduded a household mcraber 65 years of age or olde= Of those scoot households, 22% were renters and 78% were owne~. Thc 2000 U.S~ Census indicates that households with a member 65 years of age or older have incx-eased to 21% of all Cupertino householck In 2000, there were a wtal of 3,800 households with individuals 65 ye~s or olde= If the 1990 household tellure distribution is applied to these households, then 2,964 of these households s. te homeowners and 836 s_re nmte~ ABAG has provided projections for age distributions from 2000-2020 for the region. These estimates indicate that the 65+ years popolation willincrease by ~lmost 900/0 dngng that time perincL The population of persons 85+ years is expected to ~Imost double in size with two- thirds of that population estimated to be female. These large increases in percentage and v-tuber of older adults in our population indicate that thee will be an even greater demand for s range of housing opporttmities such as independent living facilities, assisted housing or congregate care ~acilities, group homes, etc. Santa Clara County's 2000 "Consolidated Plan" (p. 26) doo,ment idantifies the following critical service areas for seniors: · ~ protective services for vuinemble elders, -) 1.egal se~ices, ") mental health services, -~ affordable and supported senior housing, · ') language-related services, and '~ in-home services and primary health care services. The Urban County program has provided supportive service funding for senior and frail C u R R E N T seniors to the following ozganizations: Cupertino Community Services, Catholic Charities R E $ o O R C E $ Long Term Ombudsman P~ngnun and Senior Adults Legal Assistance. The County's ~ha- bilitation program also provides assistance to low income seniors and the County-funded FOR SENIOI~$ Economic and So~ol C)pporm~ities Pzogram assists Iow-income seniors by providing fund- lng for weath~ation, removal of archimcm~ ba~ers to the home and ,~inur home re- Ihmsina-Rclatcd Services ii.' Scmor lh)uscholds Se~or Ac~es and ~fic Case C~c~ S~r C~r Management 21251 S~ C~ek B~. C~ Co.~,~ Se~es ~neml Hom~g ~s~nce 008) 255-8033 Ca~ C~ Ombu~n ~g~m 008) 468-01~ Ho~ ~ Co~.,~ Homing Re~bi~fion Co~ ofS~ C~ 008) ~1-0261 CHAffER 2: HOUSING NEEDS ASSESSMENT Chateas Cape:tine is a Seniors He,sing Complex with ZO Units Designated as A~ordable Units Name and Address of Development N-tuber of Affordable Units Chateau Cupe~dflo 10 Units 10150 To~'e Avenue $~n=qynriex~ West 100 Uilits 22449 Cupm'tino Road (e!dedy and mobility impaired) Parlr CLrcle East 8 U~ts 20651 and 20653 Pn~ Circle East Other: Project MATGH (phone 408-287-7121) provides assistance in matching elderly households in shared housin~ The eh~t above 011uslx. adon #11) identities affoi~lable ,,.i~ specific~ for eld~ly home- hold_~ There are other affordable units in the GiT which a~e av~ihble to both elderly as well as family households. Please see page 38 of this doo~ment fo~ a s11mma'l~ table of all affordable units in the Ci~. 17 SENIOR HOUSEHOLDS: PROJECTED HOUSING .NEEDS 1he number mdpe(cc, ~eofeidedy[nthe population is expected to Increase dramatically in coming years. Further, dgnlficant Increases are expected In the 'older"elde~pop~ ':nof85+yec~. One of the most dgnl~cant r. ccds of the elderly · b for affordable houdng. Umited or fixed households fo secure affordable housing. Bderly households aba nccd a range of different type of housing oppoflunmes as they age.' Housing developments are Disability is a broad category that represents persons who ate developmentally disabled as well as persoos who may have a mobility impairment ota mental illness. The County of D I S A B L E D s~ta Clara's 2000 "Consolidated Plan" (p. 22) estimates that there ate as many as 40,000 HOUSEHOL~ mobility impaired individuals in the Urban County, representing 14,000 households. The document hter (p. 24) identified data £rom the 1990 U.S. Cen. sus regarding disabilities. Spe- cifically, in 1990, 8% o£ the County population reported a dis~ability that interfered with their ability to work. It' this 8% ~oure was applied to the City's 2000 population oi' 50,546 per- sons, then approximately 4,043 individuals could be esthnated to have a workoimps;~;n~ disability. From a housing perspective, there are several different housing needs oi' disabled persons. For those disabled with a developmental or mental disability, one oi' the most significant problems is seo~ring affordable housing that meets thei~ speC, Ii-ed needs. Housing needs can range t~-om institutional care ~acilities to i'acilities that support part;al or full indepen- dence (such as g~oup care homes). Supportive services such as ,4~;ly living skilh and em- ployu~ent assistance need to be integ;mted into the housing situation alsa In Santa C. hra Count, the San Andreas Regional Center provides support services i'or dis- abled households but housing costs are us-o]¥ the responsibility o£ the indivicMs[ For most individuals with developmental disabilities, the average r=r~e oi. SSI payment in 2000-2001 was appro~imo~ely $600-700 per month. With this level oi. income, finding affordable housing is very probler~tic. Mobility impaired persons are also often in need oi' affordable housinl~ In addition, the person with a mobility limitation typically requires housing that is physically accessibl~ l~.~r- staples oi. accessib/h'ty in housing include widened doorways and hallways, ramps leadin§ to doorways, mollifications to bathrooms and kitchens (lowet~ countertops, grab bars, adiust- able shower heads, eta) and spe,-h! sensory devices (smoke ,farms, light switches, etc.). 18 CHAPTER 2: HOUSING NEEDS ASSESSMENT In sd~on m othe~ co~-,,-ity-based setv~, there ~ sp~fic p~ ~!~ ~ ~e '~ ~' ~ ~ ~s~t ~a~ hous~ ~e ~d~: C U R R E N T ~ ~on V~ ~d~m~t ~g Cm~ ~ S~ ~: P~ s~cm to ~opm~lly ~ab~ ~ R Es o u R c Es ~ ~ ~ ~ ?mj~ F 0 R ?~ ~i~ hm,~ing s~ to ~ ~ mm~ ~s DISABLED otm~ ~a~ HOUSEHOLDS most ain.t ~ ho~e h~; p~fl~ ~d~ ~ose ~ · AffordoL~e Housing Siz~:~ific~lly for Disabled Households Name and.Address of Number of ~ordable D evelopm ent Unit~ Suru~y~riew West 1 O0 Units ~obility 22449 Cupertino Road Le Bea~lleu 27 Units 10092 Bianchi ATII. Ca~oup iorae (Adults ,. To~ra~d I~depcndcnt T.ivirig) C_~oup Home 19147 Antle Lane I~ACE C-~°up Homes a) 19681 Dt'ake I2)rlve C-~oup Homes b) 7576 Kirwin Lane DISABLED HOUSEHOLDS: PROJECTED HOUSING NEEDS People with disablBtles require a wide range of different free" housing b needed for those wilh mobBly imBcdions. =fford=ble housing fhof meets fhelr p=rlicul=r needs is ,~sF, e~! ly-c~k:al. HOUSING STOCK DATA Cupertino's homing stock was p~imshly built in the dec~des after World Wsz II i~ sub~ ~si~ ~. ~ ~0, U.~ C~s~ &~ ~d ~t of 18,6~ honsi~ ~ ~ Cup~o ~d ~e ~jod~ of ~ose ,m'i~ ~e s~y h~sing uni~ S~f~mily ~ (de~ed ~d a~e~ acco~t~ for 71% of ~e to~ ho~ sm~ ~ ~, ~ ~e ~j~ of ~ose ~m ~ ~f~y, de~ed M~fi-~y s~ of 5 oe mo~ ~ ~r~mt ~°/0 of ~e hous~ sto& md 24 ~t s~es ~nsfi~ ~e ~inlng 7%. ~ ~ · ~ of 8 mo~e h~ ~ Cup~o ~ 2~. The percentage of single family units in the housing stock has remained f~irly constant in Cupertino in the 1990-2000 decad~ In 1990, 71.8% of the homing stock were single family Units--vex? sirni!sr to the 2000 figuxe of 71%. At the time that thin Housing Element document was written, 2000 U.~ Census data for age of housing structures was not yet av~aoble. Using 1990 U.S. Census data and January 2000 dam fzom the California Dep~xtment of Finance, the esdm.ted age of housing units was developed. This data indicates that appro~dmotely 58.9% of the City's housing stock was built between 1960-79. Less than 15% of the total stockwas built prior to 1959. The chart on the f~cing page identifies the percentage and number of housing units according to the time in which they were estimated to be built. 2O CHAPTER 2: HOUSING NEEDS ASSESSMENT ~outce: U.S. C~m~, 1.0~ =~ 2000 4,000 rental al~tment unit pmpe~ies in Copertino ~elcis some additioml information =bout th= zge of thc housing stock. Their strafe/indicated that :31% of the apai;~,ent,,,~its ~e built p;ior to 1970, :32% f~om 1970-80, 5% from 1980-90 and :32% from 1990-2000. The vaca_n_cy rate in a community indicates the percentage of units tlmt sl'e vaca~l, t and for s~le/rant st any one time. The 2000 U.& Gensus indicates that there is a very low vacancy rate in Cupertincx The homeowner vacancy rate in 2000 ~ 0.6°/0 and the rental vacancy V A C A N ¢ Y rate v~s 1.8%. Industry norms indicate.tlmt "heslthy" v~csncy rotes are ~pprovimotely in R A T E S the 3-5% ratlge~ The low vacancy rates in Cupei'dtlo indicate a very tight ho-sing market with subst~6~! demand for housing unltr. In 1978, the Cupertino adopted a "Coudo~iniom Conversion Ordinance" that p~ohibits collversions of apaitments to coudomlni~ms unless the vacancy rate exceeds 5%. Since the ordimmce was adopted, there have been no apartment conversions. There is not a signifie~.t o,,mhes of ho-sing units needing repsir or teplso'ment in Gupergn~x HOUSING The housing stock in Cupertino h~s been well-malnt~ined and e~smples of deteriorated housing units sx'e difficult to locate. Because there is not an obvious need for extensive CONDITION rehabilitation of units, the City does not maintain any current estimates of units needing rehabilitation. Therefore, the only other estimate sv~iloble is a countlrwide estimate of need. Iris esrim.ted that 6% of Santa ~l.va County's homing stockis substandard. Crhe ~t~te of Coliforni~'s Ho.*ir~E M~vlrets 1990-97, Deiv~h.ent of Ho,~*ing and Community Devdopment, State of C~llteomis January 1999 p.53) If this percentage is applied to the Cit]~s total 2000 housing stock of 18,682 units then approxinmtdy 1,121 ,,nits could be estlm~ted to be in need of rehabilitation. However, this figure wonld be the xw~4mum estimate of units in need of ~h~bilitation. The actusl number of units needing rehahilita- tiou is believed to be s'o~nifie~nfly lower than this estim.te. 21 In coordination with the County of Santa ~ the City has ;dminlstered a homing reha- bilitation program in Cupertino for many yea~. The aversge number of un/ts ~abilitated pe~ ye~ is 4-5 units. The City b_as found a vetlr limited demand for housing rehabilitation assistance but continues to m~intuin the progx'am grid, ii1 2000-2001, tl'allsf~ day m day ~ent of the program to the County of Santo Clara. One issue, however, that the City should monitor is the condition of ten'al units in the housing stock. As indicared on the previous page, 31% of the City~.apa~ii,ents were built prior to 1970. As these units age, they will need upgrades md repaim The impact of these costs are going to affect the air. dy high cost of ~ntal housing in the comro,,-it~ One of the most important factors in evaluating a commtlnity~s homing market is the cost C O ST O F of homing mol, even mom sigoifi,-,ng whether the housingis affordable to households who H O U S I N G live there or would like to live there. Unfortunately, hou,i~ costs have increased dramati- cally in the San Francisco Bay Area in recent year~. In fact, the Bay Area has consistently A N D been ranked ss one of the most expensive places to Ewe in the United States. A .poll spon- AFFORDABILITY sored by the "s~' rv~a~ ch~#ale' 26, 2000) onderscon.-s this issu~ In thek poll of San Fnmdsco Bay Area residents, 66% of the respond,.nts stated that they were unable to afford the type of housing they would like in the Bay Are~ Responses were also categorized by geographic area and, of those respon- dents from the Peninsula area, 77% stated that they were unable to afford the type of hous- Lng they would like. In other wo~ds, thx~ out of four respondents could not affo~-d the type of housing they wanted.. The cost of gco,,iv;ng s home has increased significantly in x~ce~t yeax& It is espeei, lly evi- OWNERSHIP dent in the Cupertino housing m-d~et. In january 2001, the me~il,n sales price fur a singlc- C O $ TS family home in. Cupertino was in excess of $1 r~illlon dolls~ Cupertino is located in the center of Silicon Valley and has it ~cputation for excdlent public school opportunities The chart below t~svka the mefli,n sales price of condos and single-family units in Cupertino since 1994. The interesting statistic is the 100+% increase in medi,n sales price in single- f, mily units between 1999 and 2001. This v~s the period of the "super-cbs*ged' housing. market in Silicon Valley and oth~ areas of California. seoo,ooo .~ .......... I-=-OondomlnlumI 199~.2011 $200~00 . - $0 , , , , 1995 1999 1997 1998 1999 2000 2001 Somve: Si~tam Va/~y Auotiation of R~dtors, 3~ f~01 22 CHAPTER 2: HOUSING NEEDS ASSESSJP, ENT Using tradition,! fmm~i,! formuhs, low and moderate-income households sze no longet sbic to put-chase the average home in Cupettinc~ Foz example, in o~let to be able to sffo~l to ptuvh~se a home at the merli,n sales price of $1.2 million in Cupei-tino in 2001, a household ~ould need an income of appzo..4m~tely $541.839 ann,,oll~ This assumes s 20% do~apayxuent of $240,000 and s 30-year traditiousl mortgage at 8% interest. The. monthly mortgage payments would be ![7046.00. Pt~petty taxes and instu~nce ate esti- mated annually to be 1.5% o£ the purchase amount. The totsl principal, interest, t~es and insut~mce cost (PITI) is $8,546.00 pet month. Usi~ normal sffotdsbi]ity messutes, the household should pay no more than 30% of their income for hoosin~ Thetefote, in ordet to "afford" the $8,546.00 monthly payment, a household income of $341,839 pet yesz would be needed. The $341,839 household income figuze fat exceeds the average income of low and moderate income households in Cupettin~ The avetage sales price of ,, coudo,-,,ininm in Cupetdno was $550,000 in January 2001. Using the same fotmuh cslo~tious ss identified above, a household would need an in- come of $124,359 slmn,lly to sffold the PITI cost of $3109.00 pet month. This house- hold income f~oute again exceed the m,~im,,m income limits for low and modet-ate income households. ~nile homeowne~hip is out of retch foz 1o~ and moderate-income households at current meeGon prices, the l~mtsl market does not provide m-ny mo~e opportuniti~ Acgo~rling to ' R E N T L a rental housing survey conducted in Cupertino in Decembet 12000, the sver%~e I~nt for a C O $ T $ multi-family ~entsl ,,flit was $2,353 pet month. The svelte ~ent by bedroom size vms as follows: Bedroom Size Average Mon'rhly Rent Studio Sl,6S5 1 Bedroom $1,,967 2 Bedroom $2,185 :3 Bedroom $.3,207 Ave~ for All Sizes $2.35:3 2000 The survey included ovet 4,000 apartment ;,nits in 22 different pmpetties. This ~epresents almost all of Cupettino's multi-family housing stock of 5+ unit p~opettie~ The same sur- vey also tracked the change in avex~ge rental costs from 1993 to 2000. D,,,4,,g that time period, the average tent h~ increased from $962 to ovet $2000 per month. The time period again with the h orgest petcentsge gain ~as from 1999-2001 which the average tent inct~sed by ,ppnxfimately 25%. · ~gl~tffil~ As discussed previously on pages 10oll o£ this document, one o£ the housing issues Of. ~!~~ concern in Cupertino is the situation where households "overpay" for housin~ Typically, ~ overpaying for housing occum when s household pays mo~e than 30% Of their income for housing costs, The chart below (Illustration #17) illustrates the gap between the household incomes of low and moderate-income households and the current hon$ing costs in Cupertina The chart compares typical low and moderate income households and the ~-~ount they should be paying for homing as compa~'d to the actual housing costs. The "affo~lable" hot, sing payment is based on 30% of the household's m~4mum income level. The average rent and house payments are the same as those identified on the previous page of this document. The shaded areas of the colnmn indicate those housing units where the households would be "overpay" for housin~ In allinstances but one, the low and moderate income house- holds cannot afford the average nmt or house payment in Cuperfina If they paid the avex- age, they would be overpaying foe housing~ The only ~xcepfion is the moderate income household who can afford the average rent but cannot afford to pm'chase a condo or a single-f~mily home in Cuperfino~ House House Payment Payment for for Average Average Single-F c~nily Condo Unit Household on Fixed Income (e.g. 5ocial $ 210 ~ecurity) of $700 per month Very Low Income $~,09~ (4 Persons) Low Income St, SS~ (4 Persons) Moderate Income $2,619 $2,3S3 (4 Persons) Red shaded areas imk'~a# tho# 5tuattons where the household would be overpaying for housinb' that is, paying more than what they van "afford" to pay. 24 3. PROJECTED HOUSING NEEDS Accolding to State Ho~sLng Element Gui_~d~li~es, Housing Elements must inducle an analy- sis of the numbe~ of housing units to be built, rehabilitated, and conserved in o~ie~ to meet the locsl/ty's ~t and ~utu~ hon6ng needs. Fonowingis an srudysis of Cupertino's new construction (RegiOnal Housing Needs), rehabilitation and conset'vation needs. ADEQUATE SITES TO ACCOMMODATE NEw CONSTRUCTION NEED (1999-2006) D~ the ~o~ I~ou~s ~t~ in, ~o~ ~ b~ ~ ~s~V o~ E S T I M A T E ~o~"Co~ of G~" ~ prat ~ ~e State of C~o~ p~s popu- hfon ~ to m~ ~o~ ~t b ~e State ~d ~e ~ ~t ~ O F N E E D ~s~ ~m,~ ho~ ,mi~ ne~ed ~o~ m~ comm,mifie, ~AG (~so~- 1 9 9 9 ' 2 0 0 6 fion of Bay ~ ~m~) Cup~o ~d n~g ~mnni~es ~ ~e Bsy ~ ~ 1999=~, ~AG d~ ~ ~e '~ Ho~ Nee~ D~mlnlflon" lot ~ ~ 15, ~01, ~e ~G B~ of D~zs ~ed ~e fin,I m,mb~ ~e ~ n~ of hou~g ~ ne~ ss de~ ~d ~ed ~ ~AG ~t · e pl.flni,g p~od ~J~ 1,1999 toJ~e 30, 2~6. A~o~ to acc~m~te ~7~ n~ ho~ ~ 1999-~6. ~ esfim,te ~ .~oped ~ ~G bas~ Aft~ det. ea~ining the numbe of ~.dclltio-~l households expected by the end of the plan- H O U $ E H O L D ningperiod, ABAG fu_,'che~ clu~nfified future households by income level. Thegoslo£this NEED BY ~n~lysis wss to distribute low~ income households equitably thmu~out s regiou thezeby avoiding undue concmrmtious of very low and low-income households in one j,,ri,diction. I N C OM E LEVEL For the City o£ Cupertino, the _AP,&G go~ is 'r. hst 22.4% o£ dl new households will be lowc~ income (very Iow ~nd iow income) households, o~ 61. 0 totsl new ]ow~ income house- hokls. The zcmsinin§ 2,1.10 households or'7'/.6% of. the total. ~ csti,,,~ted to bc mod- e~.te os~ above modemtc.-income households. The ,~ct breskdown of' the income gzoups is ss follows: Ve~ low Income 412 households 05.2°10) Low Income 198 households (7.2°1o) Moclemte Income 644 households (23.70/0) Above Moderate Income 1,466 ho,,~,holrl~ (~3.9°/~) TOTAL 2~720 households (10(P~) The definidous of income used in the _&BAG plan reflect the income defi-itions used by the State of C~li¢ornb, See pages 8-9 in thi~ clocumant for further descriptions of income 25 determin~tious. The ABAG new construction need %vas certitied in 2001 and reflects the pedod fromJanu- ~ 1,1999 to June 30, 2006. Since this Housing Element doo,ment was wtitten and adopted in 2001, it is important to adiust the totals in orde~ to reflect the units that have been added to the stock between Janusrjr 1, 1999 - Jantmy 1, 2001. ADJUSTED N E W According to data from the Dep~ii,ent o£ Fi,,,nce (DOF), State o£ Cslifor-;,~ approxi- re;rely 1,886 units were added to the housing stock between January 1, 1999 and]anuszy 1, CONSTRUCTION 20o0. The numbe o£ units in Jan,,,a 1999 was 17,417 and the number in Jan,,s~ 2000 as NEED: 2001- zeOomabynOFwa, 19,303 res,ia sinanetinc , eof t,BS6,mits. 2 0 0 6 of 1999, 1,562 units were added to the City's housing stock due to the srmezstion of Rancho Rinconsda. These 1,562 units were exisgn§ units and t~nnot be counted as newly con- structed units. Therefore, 1,562 units must be subtracted from the total 1,886 units added to the City's housing stock from 1999-2000. The net number of units that were actually newty constructed units and added to the housing stockis ~24 units from 1999-2000. At the time thi~ Housing Element was pzepsted, the January 2001 DOF figures were not avaihbl~ Therefore, in order to account for homing units estimated that were added to the ho~dng stock in 2000-2001, the number of building permit~ issued for that time f~me was identified. From January 1, 2000 to December 31, 2000, there were 71 building permits issued in Cupertino for single-f, mily and multi-f~mily housh~ These 71 permits added to the 324 net increase in units identified p~-viously indicates that 395 ho-sLag units were added to the housing stock between January 1, 1999 andJsm,:~ 1, 2001. IIIBIII~I~II ~: Regional Housing Fl:ad Illlil~]lllllll~ 1999-2006 2,720 units II~l~[I (324 units) Dept. of Finance, ~: ~. 1999-2000 ~1 ( 71 units) Building Pe, nlts 2000-2001 REVISED Regional Housing 2,325 Units Need 2001-2006 Since the ABAG data reflects the 1999-2006 time petiod~ the new construction estimate must be adjusted by the number of units added to the housing stock betw,:en 1999-2001. Therefore, the total 2,720 new constsuction need as estimated by ABAG needs to be ad- justed by 395 units. This adjustment results in a revised January 1, 2001 to June 30, 2006 new construction need of 2,32.q units (2,720 units less 395 units). If th~s zevised ~e is divided by the 5.5 year time frame, then the ~ new construction need is revised to 422 26 CHAPTER 3: PROJECTED HOUSING NEEDS The new construction estimate is composed of different household income groups as pI,ined p~e'viously in this section. In acldilicm to ~'visins the tolll new construction esti- H O U S I N G mate, the number of units provided in the 1999-2001 time ~r2me for very low, low and NEED BY modc~te-income households needs to be idenlified and the totsl adjusted £or ~hose nrtits. U. ted ~ow ~ tho,,. ,-.,its t~,.t ~,.~ b~,.,Med to the ho..,ir,~,tockin th~ ~,,,o-~ ~,- INCOME p~od,.ccor~;,,g to household income 1~ L E V E L Househdd Develofzannent or Status as of Total Units Inoc>r'no Lovel Proc.~_.~, Sp~JnE~ 2001 Built 10 U~its 19608 Pmnerlclge ~ncom e Heart of Constx'uction Cupertino Begins in 2001 24 u~it. Vist~ D~ive Arbo Built and Low-I~ncom e Apar *-~-- eats, 19608 Pruneticl~ Occupied 10 Be~ Market Moderate B~t and RmM F~ Stole ~c~e Uniu Occupied Thc City's new conslruction need must be adjusted for the number of affordable units provided d,,,i,~$ the time frome o£ 1999-2001. The revised fii~n]zes are presented in the table below 0llustration #20). After accounting £o~ the 34 vei7 low incoml units pro- duced between 1999-2001, the revised need £ot very low income units from 2001-2006 is 378 unit~ The low-income need is revised to 188 units and the moderate-income need is 626 traits. The above moderate income need is estimated to be 1,133 BgdmdNm Very Low Income 412 units 34 units 378 .nits ~J[~SBB[OIf~, 2001-2#6 Low=Income 198 -flits 10 units 188 units Moderate-Income 644 units 18 units 626 units Above Moderate Income 1,466 units 333 units 1,133 units TOTAL 2,325 Units 27 CONSERVATION OF AFFORDABLE UNITS In 1989, State Housing Element law was amended to require that all Housing Elements include additional information regatfling the conversion of ex4,ting, assisted housing devel- opments to other non-low income uses (Statutes of 1989, Chapter 1452). This was the result of concern that many affotxtable housing developments dawughout the coontvjr were .going to have affon~ability restzictions lifted because thei~ government fman~zg was soon to expLre or could be p~e-paicL Without the sanctions imposed due to financing, affoxxlabllity of the units could no longer be assm'ed. Following a~e the n~qu/red components to be discussed in an analysis of the consex,,tion of the "at risk" units in a communitF 1. Description and Identification of Potential "At Risk" P~ojects · Fedendly-Assis~l Projects · State and Locally Assisted Projects 2. Cost Analysis of Preserving ''At Risk" Units 3. Resources for Prese~v,tion · Public Agencies and Non Profit Housing Cozpo~ations 4. Quantified Objectives for ''At Rislff' Units Projects that are subject to an evaluation of their"at risk" potential are listed on the follow- D E S C R J P T J O N ing pages. The projects are identified accoreffng to thek p~aaary funding sou~c~ AND IDENTIFICATION OF FEDERALLY ASSISTED PROJECTS: There ~re two projects located in the City of Cupertino that have been assisted with HUD P O T E N T I A L financing and could be -llgible for p~epayment or expiration of Section 8 contracts. The "A T - R I $ K" source of this data is the "HUD-Assisted Multifam/ly Housing:. City of Cupertino" p~intout P R O J E C T S imm.the C,~ifomia I-Iousing Pa~tnmhip Corporation, Novembec 2000 1. Project Name: Le Beaulieu (also known in HUD data as Cupertino Community) Project Address: 10092 Bianchi Way Governmental Financin~ HUD 202/8 Total Number of Units: 27 Units Number of Assisted Units: 27 Units F. xpirat/on Date: September 12~ 2015 Potential for Conve~slon to Market Rate: Very Low Risk The Section 8 subsidies for t.his project ~ze not due to expire until 2015, which is htet than the 5-year plo,,~i~g period of rhi, Housing Element. Fmrther, this p~oject is consid_~ a low-risk for conversion to market ~te because it is owned by a non-profit org~niv, ation. 28 CHAPTER 3: PROJECTED HOUSING NEEDS 2. Project Name: S,,-nyvlew West Project Address: 132.449 Cupertino Road Governmentnl Finnacin~. HUD 202/8 Total Number of Units: 100 Units Nnm_bet of Assisi~-'d Units: 100 Units Expiration Date: May 31, 2004 Potential for Conve~ion to Market Rate: Ve~/ Low Risk 'this deve/opme.t zenewed its Sec6oa 8 contact £or "nothe~ five ye~ pe~od ~ 1999. '/~e new ezpin~a d~te is M~y 31, 2004. The deve/opmcat is o~med by a no~-pmfit ozg~mizi- t~on which bas indic~md ~t it ~ ze~cwz t~e lssLs~mc~ ~ in 2004. Ho~eve~, w~th the ~utu~e_ Tb~£oze~ the C~t~ needs to mo~t~t t~ cL--.ve]o~ent ~c~ beginnin~ in ]gte 2003, must initiate corn. ct ~t.b ~e ow~.nd ~ "nd easum t]~t t~e uaJ~s ~ continue to ~em~/n ~ozdzbl~ Theze aze 5 Section 8 Moderate Rehabilitation ,,-i~s in Cupe~in~ The contatcts for these units n~e eatpected to ezpize in the 2001-2006 time frsme. Theze nte not any units previ- ously financed with F~mets Home .-~.dminlstt'aiiotx fitncls. ".' ' .. Stevens Creel~ Village is Located at Stevens Creelt Boalevord ~d Tanta~ ~ea~e STATE AND LOCALLY ASSISTED PROJECTS Sl"te-Assistcd Projects: Project Name: S~ C~eek Village Pmjec~ Address: 191~ S~ven8 C~ek ~ To~ N-~ber of U~u: ~ Nm~t of~s~d U~m: ~ U~ P~alf~ Conv~on ~ M~et R~e: V~ Low R~ 29 As identified in the previous section, there is one development that has been identified as having subsidies/~ent agreements eepire during the time period of ~ Housing Element. The Sutmyview West development, however, is owned by a non-profit group and it is con- C O S T sidered at "low risk" for conven~ Nonetheless, an analysis of the cost of preserving these units, should they be at thx~t of converting to m~ket rate, is required and is detailed belovg. ANAtYSI$ O F If any or all of' these 100 affordable units are converted to market rate housi~ the loss to PRESERVING the community could be sig-i~canc Tbe cost of produsing an sfforctsble unit to replace a lost unit is extremely high. For example, staff from Mid- Peninsula Housing Coalition report "AT R ! S K" that it cost approximately $237,500 in 2000-2001 w build an afforchble lr~mfly unit in s O N ] T S community located near Cupertina They also developed elderly units in an adjacent devel- opment~ which were smaller in square footage (550 average sq-~re feet per unit) and cost $124,500 to develop. The cost of gcc?ring the affordable units in order to presenre them as long-term affordable units would also be expensive. It is assumed that either s public agency or a non-profit would ac-qui~e the units and then rehabilitate them~ if necessity. Because the market value to Iscquire the units .would p~obsbly be based on competitive pi:irate market valuations, the units would be expensive to acquire. Discussions with local realtors indicate that it would be reasonable to assume an average cost of $150,000-200,000 per unit. This is of course an averse cost ss the actual cost would be dependent on such v~aobles as unit size, location, condition, etc. The to~l number of units in the Surmyview West development identified ss potentially "at risk" is 100 units. If all of these .units needed to be acquired/rehabilitated in order to prevent them from converting to m~t rate units, the tol~l cost would be approxi- mately $15 million - $20 ~illion dollaes (using an aveillge figure of $150,000-200~000 per unit for acquisition/rehabilitation). To l:eplsce the units with' new consR'uction affordable units would be even more expensive. PUBLIC AGENCIES The City of Cupertino could util;~.c HOME funds to assist in preserving at-gsk uni~. RESOURCES Further, the City's Affordable Housing Fond could also be used. At the time that this Hous- ing Element was written, the City had established a Redevelopment Agency but hsd not yet F O R ~,,~ collection of tax-increment revenues. When those revenues ate collected, the mini- PRESERVAllON mom 200/0 housing set-aside could also be used to preserve st-risk housing. The Housing Authority of Sa~ta Clara County sdeainisters tlie Section 8 existing certifi- cate and voucher program in Cupertimx Although it does not cun-ently own or manage any affordable homing developments in Cupertino, it could fill that role in the future. NON-PROFIT' AGENCIES In addition to the two public agencies identified above, Cupertino is f0xlxmste to have sev- eral active non-profit agencies involved in affordable housing. E~,nples of non-p~ofits active in Cupertino include Cupertino Community Services, Mid-Peninsula Homing Coali- tion, Community Housing Developers, and Habitat for Humani~. These non-profits are examples of potential parmers that the City could approach in preventing affordable ,nits f~om converting to market rate unim $0 CHAPTER $: PROJECTED HOUSING NEEDS A.~ part of the objectives of thl, Housing Element Update, quantified objectives were es- tablished fo~ the con~tmction, t~abilitation and conservation of units (~ee Chapter 8, "~ot~b~g Program St~tcgy: 2001-2006"). T~duded b~ those objecti~s is the pteset~ticm QUANTIFIED of the one dcvr. lopment identified as potentially b~i~§ at ri~k (considered a 'q_ow risk") for O B J ECTIV ES convetsioninthe2OO1-2OO6timeftsmc The specific obje,.IL~ is the ptesetvation of the FOR "AT 100 affotchble units at SunnyviewWest. Specific program actions include the a. ti, e moni- wring by City staff beginning in late 2003 to ensure that the units conlinue to mm.i. R I $ K ~ ,fro~t, bl~ ~ th~ =t~r~tion d~te of M,y, X~4. U N I T S 31 4. RESOURCE INVENTORY LAND JNVENTORY In prepa~g £o~ thh 2001-2006 Housing F_,l~nc~t dot.mcat, ~ stuff ~ndu~ · ~o~ sm~ ~ ~e ~o~t of ~c~t ~d ~d~ ~d ~ Cup~ A p~-~-p~ ~ o~ ~e ~s ~ b~e ~ c~du~ ~d ~ ~ ~d~l~ed ~ i~ ~ese p~s ~du~ ~lly-zon~ l~d u ~ as o~e de~fions su& as co~l. qmsi-~b~c us~ ~ed use ~d ~dm~ ~e hnd ~to~ ~t~ ~t ~ h s~fi~t ~d zon~ at mid~ ~s/des ~d ~sid~ ~ P~ dmi~d~s to ac~o&~ 947 ad~doa~ ~ ~ese ~dons ~ b~ on ~t md ~op~ ~d ~ ~e Ci~ ~ no ~c~e co~ ~e 2~1-2~ ~ ~ Hou~ Ne~ es~a~ ~ ~at ~e ~ shodd be p~g fo~ 2,325 n~ ~ d~ ~t ~e ~m~ ~elo~ ~e ~iomdon ~m ~e h~d s~ ~ ~at ~ ~ not s~d~t a~uate ~ w ad~s n~ ~e O~ p~s W a~s ~ n~ ~p~m~g Pw~ms ~ 1 md 2 ~ ~e Ho~g Sm~ &ap~ of ~ do--mt ~s ~61). Pm~ ~1 su~oz~ ~e p~i~ of 1,378 ~ h pl~ned ~ of ~e Ci~ w~ ~ ~ed-~e md co~ ~e ~ w ~m~ ~e ~d use ~d~ ~ some p~ ~ o~ ~ acco~o&~ a ~m dm~v 1~ of 20-35+ ~ ~ ~po~t ~s~don ~ ~ ~d a~il~b~ ~ ~e mo~t pwp~te d~sid~ io~ ~ 1~ l~ ~d mod~t~co~ hous~ol~ ~pat~ ~at a~o~ble hous~ fo~ ~ l~ ~d 1~ ~me ho~ol~ ~ ~ acco~o- &t~ ~ ~e ~ of ~35 ~ oz ~ p~ a~ ~e ~dy app~d ~mit '~ Cup--o" d~dopm~t ~ app~ at a d~d~ rage of 20 ~ be ~fo~ble to d~ v~ l~ oz l~-~come borzoi& ~s d~opm~t ~t pwj~ aifo~ble to ~ Iow md l~-~come ho~&ol~ ~- be ~t at ~e ~ of 20 ~ oz ~h~ ~ Cup~a ~e ~t on ~e ~g pa~ ~d~ ~21) s~mm~ ~e ~d c~ w ~e ~s ~! H~ Ne~ ~omdom As suf~dmt ~g ~ l~nd z~ at ~55 ~ ~ a~e ~come ~t~. It ~ es~t~ ~at ~e ~ ~ ~ ~y be ac~o&ted ~ ~e acdons id~ ~ P~ ~1 md ~ as ~ p~o~lF ~d ~at ~ accommo&~ 1,378 ~ ~ p~ of ~ ~m [ac~ ~e majod~ of ~ese 1~78 ~ m ~e~ w be d~ on p~c~ md 1~ ~come hous~ol~ ~ ~ as mod~te ~d a~mod~te hcome ho~ol& CHAPTER 4: RE$OURCE INVENTORY E>~$TIr,~ Ib~[ U~TS ~E~D ~PR(~RINE ~TH ~L~LE UNTS STILL : ~v AD 2~1-20~ ~m~' R~ I~T~UOU~ ~01-2~ A~L~iLITY Very ~ ~78 V~ and ~ ~c~e 188 ~ ~6 Acres ~26 U~ 240 U~ts 20-35~ u~ts. 566 per a~ To~l M~erate ~c~e 626 U~ ~ Acres 182 U~ts ii! U~ts 15-20 u~ ~ IC~ Ab~ M~era~ < 15 uits 1,1~ U~ts 29 Acres 439 U~ts* 694 U~ts TOTAL 2,32S Units $7 Acres 947 Units 1,378 Units *Of tit tot~l pmj~t~d 439 ~itr, 119 ~rt bi#ddt ~tr~/~ expmre, r itmoJ~d wlt~ tI~ir rite inrpm~t~nts. FINANCIAL RESOURCES The City of Cupertino hm~ seve~l sources o£ funding awlhble for affoldable housing devel- opment. These funding resources include "Community Development Block C_~'~nt" (CDBG) funds, HOME funds, F..merg~cy Shdter asshtmce and the City's Affordable Housing Fund. ' Along with othe~ comm,,-iqes in Santa Oars County, the City o£ Cupertino partidpstes in the County HOME Consortium Prog~m- In sdditioth Cupertino is a member of the "Ur- COUNTYWIDE b~ County" which ~ecelves CDBG, Emergency Shelt~ G~nts sad Sbelte~ Plus C~te Pro- 1: U lq D ] lq G g~m fimd~ HOlvIE funds ~e typically a~mled un a competitive ~ to projects in the R I: $ O U R C I: $ County that develop new affordable units or acquite/mlaabilitste existing unit~ CDBG funds s~e moIe flexible and ~,~ be used for affordable housing, economic developrnent, public fadlities sad se~rices. For 1999-2000, the County supervised the expenditure of appw,rlmstely $4,500,000 in funds. Approximately $2.6 milh'on of that amount was CDBG funds, saothet $450,000 was HOME fimds sad the r~n~i~de~ were Emergency Shelter sad Shelte~ Plus Cate funds. There were several Cupet~dno progr~m,/prujects that ~ ~d~ ~ Ur~ Co~ ~ ~ ~at s~e 1999-~ pm~ ~. Cup~o ~~ S~c~ (C~) rec~ ~g ~ sdmi~ ~e '~ Sh~ P~m" ~d o~ hornless su~o~ s~c~ C~ ~o ~ sppw~t~y $6~,~ ~ ~ ~ fo~ ~e '~t of Cup~o~' ~ ~ble h~ d~o~mt ~r ~ ~ 1~ md l~-hwme houston. In ad~d~ ~e CDBG ~ ~ ~i,i,t~ ~e ho~ ~h~b~mfion pw~ md o~ g~ a~- fi~ a~fi~ifies. F~y, Cup~o bmefi~ ~ some co~ty~& scfivi~ ~ ~ ~e U~ ~ Co~ su~ as F~ Hous~ ~ Sup~rt S~cm to ~, ~abl~ md S~e ~m md C~u~ of C~ p~ni~ md ~g a~fies. The City expects that it will be designated an "Entitlement" community for fedezal housing funds in the federal fiscal yeaz of 2002-2003. Once this designation is offiei,1, the City will be awarded CDBG funds directly from HUD. The City will also have the option of "opting out" of the HOME Consortium at the appropriate lime and receiving HOME funds directly fzom ~ Based on CDBG funding directly to othe~ col'nmunities that ~ze the approximate popu- lation size of Cupex't~o, it Ls enficipated that the City will receive between $~)0,000-400,000 arm~_~lly in CDBG ftmds once it receives the Entitlement desigtmtion. It is furthe~ expected that the City will continue to allocate the federal funding resources to continue the housing rch~hilltafion pzogama assistance and to pxa~ride fman_,~,! assistsmce to acquisition, rehabilita- tion or new constzuction of affordable housinl~ A significant funding source that the City directly administers is the '~Affordable Housing Fund." C [ T Y This fund is capitalized with in-lieu fees collected through the Office and Industd,! Mitigation Y U N D [ N G Plan and the "Below Market l~tte" Program. The tol2al amount of funds collected in the fund RESOURCE since 1993is spproximstely$2.3 willion doll*r~, Of that amount, the Cityh~ alloc~,ted$986,893 to v~ious affoedable housing developments and progzams and has also set-aside $1.2 million dolla~ for the "Heazt of Cupestino" 24-unit affoedable homing development. Please see the appendix to thi, doo,ment for more information zegarding the Affordable Housing Fund income and expenditures. The City has also established a Redevelopment Project A.rca but has not yet started to collect taxincnmaent funds. Once those tax increment funds have started to accrue, 20% of the funds must be designated for affordable housing acilvilies. Once the funds have begun to accrue,the City has estimated that approx4mately $579,000 could be generated in housing tax increments fi'om 2001-2005. In addition to the funding resources identified above, there ~e other resoun:es available for affoed~ble housing development. These funds are usually available on a competitive basis with 0 T H E R ~ funding sow~ce utilizing certain "thx~hold" project ~'xtuirements. Exmmples of some of F U N D [ N G these funding resources include: 1. State of California, Depaztment of Housing and Comm, mlty Development loan RESOURCES ,~a grant progeams, 2. C~li~omia Housing Fi,~o-ce.&gms 3. Fedenfl/Smte Low Income Housing Tax Credits, 4. Fedend Home Loan B~nk, Affon:hble Housing Pmgzam, 5. Privately-Capj~lized Funds, such as the $obmto Affordable Housing Fund and the Housing Trust Fund o.f Ssmm Clam County. $. AFFORDABLE HOUSING OPPORTUNITIES This clmpter of the Housing Element S.mm~i~-es the cutx'e~t range of saffordable housing oppormnlties in Cupettimx Included in this ehapte~ is inforr~tion regatdlng housing grams sponsored by the City of Cupertino ss well ss other housing prog~ms thsat sro federal or state funded and operative in Cupertina Also sa summ~ryis provided of ali of the able housing developments in the community ss ~ ~s ~ listing of non-profit agencies cummtly a~li, e in the Cupertino ~ CITY SPONSORED HOUSING PROGRAMS The City of Cupertino supports and/or sadministers several housing programs. Listed be- low is st brief description of those prog~m~. Housing Rehabilitation Program Funds are available through thi. pn2g~m to ~ssist very low and low-'income homeowners with repl~s to their homing units. The program is administered by the County of Sant~ Clara, Hon~ing and Community Development, on bebdtr of the City. In saddition, sssis- tsnce is sawibble to Cupertino households for minor home repairs and saccessibility im- prov~ents d~ough sa program administered by E.SO (Economic sad Social Oppommi- aes). Housing Mitigation Program /L 0~oo an~ I/~gs~l The Office and Tndustvbl'Mitigation Program sacknowledges housing needs c2v.~ted by the development of office and indus--b1 projects. A fee is sapplied to new development of office md industrial spsace in the City. The fees collected sro deposited in the City's Afford- sable Housing Fund and are to be used for the provision of saffordsble housinl~ H 0 ti S I N O R ~-I~. ~_o~ I~¢~ M I T I O AT I O N The Ci~8 i~.~u-t~ z~t~on ~°g"~ epp~ to,~ ~ew ~idendsl d~opment of une PROGRAM unit o~ gzea~. Residential dsve. lope~ ~ze zequited to dedg~te sat le~t 10% of the units in sa development sas affordable. The~e uaits nze identified ss the *~BMR" (Eelow Market R~te) nnits. For developments of 1-9 units, the developer m~y psay sa fee in lien of bugdlng the uni~ AR nffotdsble uaits developed unclet the BMR. ptogrnm must r~m~i~ ~fford~ble fo~ 99 years fz~m the clam of fit~t occupancy an~ if for ~.le anit~ ~ re~o]d ¢h,~ing that pedoc~ ~ new 99.ye~ time period is e~t~blished. Afflrdable Housing Fund The City sadministers the Affordable Housing Fund which is ~tly cspi~ii-ed with fees paid through the Housing Mitigation Prog~m- Poteofi~l options for use of the housing funds induds: · . Development of new affordable unit~ Ix Conversion of existing m~rket rate units to affoxxtable c Dow~ payment assistance p~gratn~ d. Second morlgage programs. Please see the appendix for a summary of the activities funded histmically with Affordable Housing Fun& gupertlno Community Sendces Cupet-tino Community Setwices (CCS) is ~ non-p~ofit org,-i~tion that assists ~n ~dminist,,6ng houe. ing prog~m~ on behalf of the City of Cupertino. CCS administers the "R_ot~ting Shelter" program for homeless individuals ~nd also mun~ges ~ transitional housing facili~. Further, CCS acts as the ~clminist~tive agent on behalf of the City in nmmlging 0/Id monitoring the '~BMR" prognum 'Move Ig For Less" Program In cooperation with the Ti:i-County Ap~;,,.ent Association, this ping:am l~cogtgzes the high cost of seo,Nng ~ental housi~ The p~ogmm is geared m chss~oom teachers in public or private schools who meet income cxi~.ri~_ Ap~tment owners/mnnsgers who ~ tO pal:fid= pate in the p~ogram ~lnite no more than 20% of the monthly ~nt ss qualified teachers. This mtuced secmity deposit hopefully makes it mo~e financially feasible for a tesche~ to move into ~ental housing. Mortgage gradit gertlflcato [MCC] Program s The MCC chaser to take 20% of his or he~ annual mortgage interest payment as a tax credit against fede~l income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in the Count, including Cupertin~ The program does estsblish max4m,~m sales price limits on units assisted in this program md, due to th~ high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Sesond Init Pragram R E G U L AT O R Y The City's Second Unit O.~linanc~ allows an additional unit to be built on s'tesidential parcel. The objective of this Otdimmce is to e~courage addition-I units on alte~y developed parcels, 0 R such ns parcels with single-f~mily dw~-llings. INCENTIVE PROGRAMS gensity Benes Ordinaace The City's Density Bonus Ordimmce allows st 25% increase in density for developments gre~ter than 5 units that provide a pmpo~ion of ..its for vet3r low ot low income households or homing for senior citizens. Itt addition to the density bonus, certain "concessions" can also be provided to the development, which can include: s. Reduction of P~king R.eq~ents, k Reduction of Opm Space Requirements, $& ~ Reduction of Setback Requiteixients, CHAPTER 5: AFFORDABLE HOUSING OPPORTUNmES cC Appro~ of lVfixed Use Zo~'~o ~ Reduction of Park Dedication Fees, f. l~-cluction of sppllcation o~ construction permit fees, or fi, Provision of t~x-exempt or other fms~e-i~l assistance. OTHER HOUSING PROGRAMS OR SERVICES Seetlen 8 Bental Assistance Program The Housing Au&ority of the County of Santa C~, rmnsges the Secion 8 re~ ~s~- tance program. InJone 2001, the Housing Authority reported that there were 27 Housing Choice Vouchers and 5 Moderate Re-h,bilitagon contracts being used by households resid- ing in Cuper6no rentnl units. Support Services Prevlded by Non-Prfflt Jigeneles Stm'~d Housing Program* are administered by two different sgencies in the Cupertino Ate~ Project MATCH provides se~ces to senior households in ~mcling shared housing opportu- nities md Catholic Charities .a~i-;,tcrs a si~,ih~- program for single parent households. Assist~ce with discriminstion or o&e~ fair housing issues is provided through the Santa Ch~ County Fsi~ Housing Gomordur~ , HOUSING AGENCIES OR ORGANIZATIONS Cupez6no is fortum~e to hzve Cup~o at ~e 6me ~at ~ H~ ~mt ~ p~ B~GE HouZ~ ~mt for P~j~ ~ P~c Au~m C~ for ~u~6~ 37 Dev~ I~,,,e ~md Tenure Number d I-lausehdd Ir, c~¥,e Address Affordable V~ryLow Units o' Law lt/kx~de Surmyvicw Wost Rental 100 100 ~[~[l'~l~l~. 22449 Cup~&,o Road ~l[l[~ Stevo~ Creek Vina~ ~ 19140 Stevens Creek Boulovmd Rental 40 40 QI]I I II II 10092 way P. 27 27 Juf~, ~q}01 CCS Trnns~ionnl Housi~ Ront~! 4 4 10311-10321 Greenwood CL Pnrlc Circi~ East ~ 8 8 20651-20653 Pnrk C~cle East Benrdon Drive Re. ti 8 8 10192 -I0194 Beardon Drive TOTAL 187 187 ~ROJP HCA~$ Adult Townrcl Independent Rentnl 8 Persons 19147 ~ Lnr~ Homo Pacific Autism Cent~ R)r Edt~ation Group Homos at: 12 P~rsom 19681 Drake Drive Group Total Homo 7576 ICi~v~ Lnno S~m House C~oup 5 Households BELC~V IVI~IO~T RATE (BI~) Rm~ol Unlls Ci~ Center Apnmmnts Ro~ti 4 4 20380 Stevens Creek Blvd. Tl~ Hnmptons Rental 34 34 19500 Pmnoridl~ Aven~ Arioso Apnrtmo~ R~tai 20 20 19608 Pvn~ll~ Aven~ Forl~-I-Iomostond Apa~a~r~s ~ 15 15 20691 Forl~ Way Av~tre AparUn~ds Rentnl 22 22 20415 ~v'm Pnviso Chateau Cupo.t~s~ Rental 10 10 10150 Torte Avem~ TOTAl, 105 105 $ELO# MARKET RATE (BIgI~) FCR S.~E UMTS throulg'~outH°mo°wner units 'am scaitered I Owr~'rsigp C~ 3, 13' 6. REVIEW OF 1993 HOUSING ELEMENT The Cites previous Housing Element was adopted in 1993. In order to effectively plan for the future, it is important re'reflect back on the goals of the 1993 Element and m identify those areas where progress was made and those areas where adclifiomd effort is needed. In fact, the State Housing Element guidelines require communities to evaluate their prev/ous Housing F_.lement accordhlg to the following · Effe~ti,eneas of Element. [] Progress in Impl~mmtation. and ApprOpriateness of G~ls. Objectives and Policie~ EFFECTIVENESS OF ELEMENT The following goals, policies and progr~m.~ were developed and included in the original Comments/n the 1993 Housing Eh. ment. The plo~i,,g period originally intended for the 1993 doo,ment mat'~ w~s for the dine porlod from 1990-1995. Comment~ in the matgln ate a g,,mmaty of the progress made from 1993-2001 in achieving the goals and policies and in eBtab- ,~to~-ess made liBhing the pmgr~,~e. /rom 1993-2000 GOAL A: EXPAND THE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS TO .aCHIEVE GREATER OPPORTUNITY FOR CURRENT AND FUTURE CUPERTINO EMPLOYEES AND RESIDENTS TO OBTAIN The"Hec~t of HOUgNG. theC~/" Specilk: Plan Policy 3-1: Housino Potentiol wasadapled in 1975. Provide for appzo~im~tely 1,500 units in the existing non-resides~ti~l ~e.~g Stmeegy: Prepare specific plans for pl=,,ing districts where change is proposed and inco~- ~b~ Housing poz~te thc sdlowed number o£ units in e~ch di~tzict into the pbm. The "Hc~t-t of Mlflgoflorl the City" spet-i~c plan will indicate the n,,mber of and densities for 500 Pro,ram hos units. Homing sit~ for the Vallco, North De _~nza and Bubb Road Planning District will be designated when Specific Plans are prepased. ALlowed average generated 140 density h appro~i,~tely 20 units pe~ acre in the above mentioned a~eas. Policies BMR units (rerflol 3-26 to 3-40 describe the housing mitigation progzam zequired for new office/ al~d~ industrial and zesideafi~l development. New offiee/indua~,l development mu~t orfi~$). pay a fee in-lien of the development of afforclable housing. New residential velopment must provide 10% BlVIR units. The zeddential mitigation program would create appro~i,~tely 150 affordable units, since 10% BMR units are ~e quireck and since most projects would occur in these areas. The affordable units would be located on any of the identified sites, and would be incorporated into the residential project if it ~eze s mi~red income development. 39 Policy 3-2: Total Allowed Houdng Un#s From 1990-1995, a total of 264 Allow ~ tond 0£2,587 new housing units. The sources o£new housing am unllswere addecl tO file Ci~'s Neighborhoods and hillsides 1783 units housing dock. ph. niqg Districts 1484 units Thb represents Toud 326? units 10% of the 2,587 Since the total units e~ceed 2,587, the Appe=d/x B sites ='e gust~t=ed conskie=tion £ot unit obJeclive, development. The 1,484 unks show= in Appenai,, C ~ze ss pool with the toud ~owed to be built CitT-wide not to exceed 2,587. Policy 3-3: Promotion of Neighborhood Houdng A#hough the Ptomo~ development of neighborhood housing potential by p~oviding ptx~petty owners with Cily ~a infomaat[on about the development process. densily bonus ~~ & Policy 3-4: Density Bonus adv(zlk~c~ Enco~.~ge ~ de~ii7 sffo~hble h~)~dag wi~ dc~s~ the program's benellfs. Pollcy 3-$: Mandafory Residenllal Locatiom There were no Bubb Ro~d 'lfl~. ~k.'fOly" ?o~ions o£$t~s C~cE Bo~lev~-d: sires esfablished. ~o~ ~&: bc~ t~c ~t bmmd~7 or' L~e "~d~c Wok" $o~ side' betw~ the west bo~m~=~7 o£U~o~ Church ~d Study ~ese at~as to determine the feasibility o£manchtoty ~esidential o~ mixed use smd rezone them if detem~i~ed feasible. Pc~¢y 3-6 was consiclered bu~ Policy 3-6: $mplus School and Church Site Development ~duIing Considez surplus school and urban church sites £o: highe~ density and mi~ed use housing. ti~e limeframe of ~ Housing Element. Policy 3-7: Addillonal Study Areas Othex a~esss to conside~ which ~equi~e mote study ~e: St~llin~ between 280 and Stevens C~eek Rancho RinC°nzch ne~ Cupertino High School Monta lFlsts area neat rdh-oad tracks 4O CHAPTER 6: REVIEW OF 1993 HOUSING ELEMENT Example oj' residential development constracted in the central core oj~ tke Ci~. P~icy 3-& ~an~ ~ Develop~ Cr~ff Den~ Bonus ~e~ ~m ~ · d~si~ bonus ~a ~sf~ of d~opm~t ~t ~ws ~ of po~ ~id~g~l ~olicy 3-9: Di~ou~ Paring S~ndards ~Jsco~t ~ s~d~ ~o~ mixed ase d~m~. P~ 3-1G ~ve~p~ S~a~s S~ ~ ~n b an ~am~ d a must be me~ ~a~hes ~ni~m P~cy3-11: Deggn S~ards Set ~ s~d~ o~ ~ fo~ ~dopm~t ~d to ~a~ off-d~ Second Unit Policy3-12: Accesscxy Housing Units Program (Acce~'~y Unils) Allow sccessory housing units on cet~i- lots in single ~mil? districts. Produced 14 Policy 3-13: Affordable Housing S#es U nlts, as of April 2001 Cooperate with the county, private and non-profit housing devdopers to identify sites for very low, low and moderate income housing. Policy3-14: Crealfve FinanceMelhocls 1he "Head of Foster a conducive envitomnent £ot attracted low and modexate priced housing prognuns Cupe~rglo" fi~ced by other levels of government. The use of mortgnge revenue bond programs will ~[[t~d ' I-- be enco~ All such developments ~ meet the City's desig~ s_nd service ciiteris. houdngproject Policy3-15: Courtly, Stofe and Federal Programs ~s an exam~e of apl~ect Participate in available county, state and federal programs that ptx~mote or provide hous- assisted with ins. federoland kx:al funds. The24- Policy3-16: HCD Funds unit rental d,.-,v~Jopil ~t,d hos Continue to make Housing and Community Development (I-lCD) funds available to devel- been~ opet~ to help defray costs inherent in meeting or exceeding the requirements for supplying c~nd Wll[ be bum below market rate housing. on land owned Policy 3-17: HCD Funds Avaliabli#y by the Rte DJstflCt. Make available HCD or general funds for site acquisition for low and very low ptlced hous- ing. Parcels purchased with HCD or general funds can be made awil~ble to private devel- The C[b/h~s opers or a non-proft housing corporation capable of constmctiug low and very Iow p~iced c~ housing.. $1.2 mi#ion for Policy 3-18: Use of City Funds · e "Hecst of Usc City ~Unds £or programs that help supply affo~ble re~tal housing to low and very Iow Cuperi[~" income households, pattic,~l~,dy senior citizens and disabled individ.,~!,~ who are on a fixed · C[L~-~ s ~,~]. income. The City will contract with a non-profit organization or use other mechanisms to supply this housing. Need will be identified through census and other data. Priority win be Priority given to Cupertino residents. Pr°c~---'!~wm Policy 5-1 ?: Priority Proc~ssing ~ Give priolity processing to applications that provide very low, low sad moderate income hous~ housing to reduce development costs associated with time delays. Policy 3-2~. Article 34 Referendum ~ Place the issue o£ a£fo~clable housing on the ballot to obtain Article 34 ~ef~'endum author- Ariic[e 34 ity should this be necessary to provide for affordable housing. Referendumwca Policy 3-21: M~rket Rede to Affordable Rental Un#s Encourage the conversion of existing market rate re~tal units to affordable rental units. Policy 3.o0: Long-Term Lemes Encourage long-term leases of pi~perty from churches, school districts and corporations £or construction o£ s££ordable rental units. 42 CHAPTER 6: REVIEW OF 1993 HOUSING ELEMENT Policy 3-23: Pdodly Placement Priorityto Give first priority in any affordable housing p~jects to inc~v~,,~l~ who ~eside, work, at-households is urea school, or have f'-am/ly in Cupertino. City's BMR Policy 3-24: Affordable Rent Scheclule Utilize the CiV's Affordable ?,~nt Schedule ~s a guidc1~¢ ~3 scu~g rems for nc~ dfo~- d~le hous~g. Policy 3-25: Rent Schedule Update lheC#yhas colected olr~ce/ Update the ~ent schedule each year as new income gu/delines are rece/ved fx~n the state IndusMal and federal government. Determine a unifoma method for allowing x"ent adju~tment~ for AJ~gofJOrl Fe~s ~ffozdable ho~_,-~i~g p~ojects that aze devdoped, and Jhose fees depr~iJedin~e Policy 3-26: Oflice/Industrlal Mitigation Oly's Alfadable Housing Fund: l~[idgite ne~ office/indust,~oi d~,elopmant by pw~Uflg an in-fieu fee ~s set by the City Council. 'I~c fcc shall bc ~djust~d ~n,~,,oll7 b~scd UPon the Consum~ P~cc ~nc1~. Policy 3-27: Waive Fees The C:lty has Wz~e pz~k fees and construction taz £or any ~'~fo~l~ble u~i~s, wch%'ed pcMdees and comhudkm Policy 3-28: Early Publk: Involvement ~,. taxesfoT affordable units. ~nyo~c public ~om the bcginn~g wh~ ~ozdablc housing is pith-cd so ttut th~ o~c fca;cz objecdo,~s to thc p~oject whm ~t goes tl~ thc City approval process. Devdopmant fppllczfions with ~ffo~hblc un'ts ~ ~:.d?c p~ot~ty pwces~%~ to sm:zmUnc thc pwcess bur must sd]l m~et legal nodc~g ~CClUL,~m~rs. Policy 3-29: Housing on Employment Center S#es The City's BMR J'rogram has Loc~c hous/ng n~i~s on emplo~mant c~t~r d~cs o~ ~n o~c~s d~t could bc d~s;~,~tccl £or generated 105 hi~ clms~ty housk~ such ~s ]3ubb ~o~d, Banal~ D~y~, City Ccn~ ~ ~d ~d~314 rentaJ units and miles of cmploymmt cmte~s. 35 homeowner units, for a total of Policy 3-30: Residen#al Participation In BMR Program 140 units. The program requires ~ul~e ~c~ ~esidcflthl de~dopmmt to p~fic~tc in thc B~G~ p~ognm with the ezcc[~ 10% of all new don of dfordahle housing c~dopmmts, resklenttoI Policy 3-31: On-Site BMR Units eiherprovJdeon- l~.mphisi~e on-rite development o£the ~fl~. unks. Second prioz~ty would be off-si~c BM~ Site units otto pay an in-lieu fee un, ts loc~r~l within thc City fi,~its. (projects of 9 units Policy3-32: Land In-Ueu of BMR oTiess). Allow de~clope~s to mcct ~!1 o~ · po~on ofth~ B~fl~. ~'cclub~-m¢flt by f~o~i,~ hfld z~dl- ~bl~ for thc City o~ a ~on-p~o~t hous~g d~dop~ ~o consm~c~ dfordable housh~g 43 Policy 3-33: 10'/o BMR Requlremerd Require ten pexcent (10%) ora residential development to be BIvlR units. Policy 3-34: Waive Fees Waive park dedication fees for affordable units. The BMR Pollcy3-3S: In-Lieu Fee Program requires Assess an in-lieu fee for developments of less rh~q ten units. For developments often or more that clffo~aJ:~iSy units, a comparable BIVIR unit must be developed. The in-lieu fees shall be collected at the Or i~sclle building permit stage and the fee is to be adjusted ~nn,~lly. reslflcliom apply for a 99 year Policy 3-36: BMR 11me Requirement Require BMR units to rom~i,~'affordable for a ~inimum of 30 ye~x's. 1lac Cilyhas edected Policy 3-37: Utilization of In-Ueu Fees ~alg~ltlC~ly Utiliv. e in-lieu fees the City receives in the following rammer (ranked in order of priority): $2 million dollars I[! in-I'l~u fe~3 a. Finance affordable homing pwjects in Cupertimx oveflhe ~ lx Establish a down paytuent assistance plan that m~y be used in conjunction vdth the decade. Please BMR program or to m~i~e market rate units more afforchble_ ~ seelheAppelx~ The assistance should be in the form of low interest loans and not grmts. ofthLs document ~ Establish a rental subsidy program to m~_k~ teaxket rate ,mits more affordabl~ In- for a clescdl~iOrl lieu fees collected fi'om office, industrial smd retail development will dso be used ofthe use ofthe in this maone~ ',. Policy 3-3~ Finance Strategies A Rede~~ Investigate and encourage various financing strategies including, but not limited to, the Prolect Area has followi~. ICC,"} ~klb~[l~l. Locai and county bond financing~ Bank financing of mixed use pmjectx Pension funds as sources of financing, Transfer tax for sales of property Redevdopment agency reactivation. Policy 3-39:. Houdng Endowment Program 1he Houdng ~ Ctmte a Housing Endowment Program for the C~eation of affordable housing uni~. Cffy's AJ~dab/e Poik:y 3-4~. Adequate Reserves · Housing Fund Instead. Dm~de an ad=clot= res~ for lo~-tc=m m~i~t~c~ CHAPTER 6: REVIEW OF 1993 HOUSING ELEMENT Policy 3-41: MobBe Homes and Pre-fabdcated Homes Mob~eh0mescnd Permit the construction of mobile homes and p~e-fsbricsted houses on pet~nen~ founda- tions, subject to compliance with zoning regulations, building code and other applicable pre-kd,~.~cl City n~ulations, pemilted but no~e Poky 3-4~ Condominium Conversion hzve been bull d~ng the time ~on o£ ~-nt~ £o~'m~ o£ m~tip].,. ~ ho~dn~ to condomL~,,~,, ~1 ,~o~ b,'p · ~'- frame ofthe mitred if the proposal signiticsntly dlmlnl,hes the present number of rental ,,nits Housing Element. within Cupertino o~ substaorhlly reduces the ratio of ownership-to-rental l_mlt~s in effect at the time of the requested conversion. As a general guide, rental units shall not be c on- vened to single f~mily uwl~etship housing when the rental vacancy rote within the Cu?ex~ino Housing Market Area is less than 5% at the time of application and has aver- aged 5% oveg the past six months. The vacancy rate will be determined by surveys con- ~w~r~ no ducted by the City of Cupertino's Phn~g Dep~Unent. conve~om o~ Policy 3-4.~ Conw~slons Ren~inlng tow/Mod~ Incon~ condorr/'ism Prior to approving any condomi~inm conversion% eilsute that a signiiic~nt portion of the convei~c~l units ix~rn~ins part of the low and moderate income housing stock. Policy 3-44: Structural Upgrading Prior to approving any condominium conversions, ensure that the project h~s been up- graded to eliminftte any health and safety h.~ards and to meet cttmmt development start- cla~ls. The city shall also reasonably demonstrate that comparable replacement rental hous- 11~ 'Rotating lng exists ~'thin the Cupertino Lre~ to accommodate the displaced tesidentx Sheller" Program has been opera~e andls currerdly Poffcy3-45: Temporary En~-get~cy Shelter nu~ged~ Wod~ w~th load ozg~ni~at~ons to implement a pzogtam to pzo~de ~ tempot~ emeq~c~ Communly shelter that wotdd rotate monthly among loc~d churches. Sef~:es. GOAL B. ESTABUSH AND ENFORCE EFFECTIVE GUIDEUNES AND REGULATIONS FOR THE CONSTRUCTION OF SAFE, QUALITY HOUSING, AND FOR THE MAINTENANCE AND IMPROVEMENT OF EXISTING HOUSING. Policy 3-46: Maintenance of Public PmpeUy Continue the high qu:lity tmintemnce of public streets, rights of way and tecteafiorud areas. Continue the semi..~nnual ttmh pickup ptog~n~ throughout the City and encoun~e its imple- mentation in the unincorporated area within the City's Sphere of Influence. 45 Policy 3-47: Code Enforcement Elfofts Continue current code e~forcement efforts w/thin the corporate limits and encourage the S=ta Clam County Board of Supervisors to increase code enforcement in county islands and lund The C]B/has w/tlgn the City's Sphere of Influence- cor~oed~ er~rcecunenf ec~icy3-48: Neighborhood. Cooperaffon codasancl suppods all $=ppo~ ]oc~ ,~c~hbo~ood ~.p~-ovcm=~ dis=icts =d homcow=~z =ssocb. tions, l'n =p~z-~d- ~ ¢41 ¢x3d ~'~ zesk~i-! p=opcz~, = ne~hbo=hood =ppm~ch shoed be use~], ~ow~g as n-tach ].oc~d. p=- efforts fo ~p=~.on zs possiblc '~e =ppm=cb. shoed be s~'~c= o=hmt~l, o££-,~ sc.~ces such zs ~.cc~- mainfain and/or residerdial Policy 3-49: Residenflal Property Maintenance Encourage citizens to continue to ma/nt~in existing residential properties in a mann= which enhances the character of' Cupertin~x Poacy 3-~. Code Inspection Program Coat~ue to offer a ptcsale code ~spectioa p:og~m tot tesid=t~ st~ct~es. The City has Policy 3-51: Housing Rehabilitalion Loan Program conflnuedto pravlde housing Cont~ue participation L~ the Homiag Re. hab~itat~oa Lo= ?mgau~ £m=ced tbzot~ the ur- mhabil'datlan b= Cotmtr Housing =d Commu=itr DeveJopmc~t Block Gamt ?rogra~ Thc ~,b=b~llta- _n_~_eLdance tioa ?tol~m pzov~des ]o~v-Jate. cest ate loam ~nd szzud~ ~mts to vezT Iow ~md ]ow Jacome throughJhe households to correct bt~ldlng code v~o]at~ons and to cozzect bousiz~ deficie~de~ The pro- Ulban Courlly gr~m is ta~eted £ot or. et-occupied lmlts. Assistance was Policy 3-52: Expansion of Rehablillufion Activities bcdh single- ~vest~tc =d pm-sue other £ede_~ state =d cotmt7 ~Lmded programs av'agab]e £or eacp=s~o~ famly and mulE- o£ =ebab~ta~o~ ac~v~&.s. family units. Policy 3-53: Substandard Housing RehabilitotJon ~.ncot=-age the o~ ~flueace. POlicy3-54: Loan Programs The Clly has ?zov~de L~£ozmat~on on ~o= pzogtaz~. ?edod{c £eatmes in the load mec~ ~g] be e~com~ge(L Title 24 Policy 3-SS: Energy Conservation Techniques regulations and enccxm:lges .A_ct~vel¥ promote e~etg7 cometvat~on techniques =d e=ezg7 e££cienc7 i~ bugdiag des~, enemy ozie~tat~on aad comtmct~o=. The teJat~ombip betwee= eaetg7 coasetv=tion =dits Lmpact on consewalJon ill bou~g costs shotdd be e~p~ored to e~saze t~t =7 selected pzogt-am does not :educe the all s=pp]7 o£ aEotdab]e 46 CHAPTER 6: REVIEW OF 1993 HOUSING ELEMENT Policy 3-$&: Solar Energy spp~ do not ~y ~t so~ ~ ~ P~y 3-S7: En~ Co~~ GOAL C: ESTABUSH A COMMUNITY IN WHICH ALL PEOPLE, REGARDLESS OF THEIR ETHNIC, RACIAL, REUGIOUS BACKGROUND, INCOME, MARITAL STATUS, SEX, AGE OR PHYSICAL HANDICAP HAVE AN EQUAL OPPORTUNITY TO OBTAIN HOUSING. PROMOTE THE EQUITABLE SOLU11ON OF SOCIAL AND TECHNICAL PROBLEMS CONCERNING PROPERTY OWNERS AND RESIDENTS. Policy 3.S8: Discdminalion St~°tt eff°tt~ °£ °zl~t~iz~n$ ~ ~ w°rlciflg t°wllzd elJm~ ~t~ ~t~min ~I:iOD' ~t~ I~e TheSanta Clara Cupertino area. C:ounly Fok '.' Consorlium assists Policy 3-S9: VOluntaryMedlalion Board C:upereo residents with Re£e= L~ncllotd/tanant compl~i,~t~ to ~ vokmtaz7 mediation board establlsh~ I~ the C~t7 cr=cllminalion and and operated by Project SentineL housklg c~,~. 47 PROGRESS IN JMPLEMENTATION To cmess ~he C~y'$ plogress ~ implemert~d~ ~he ] 993 Hougr~ Bemen~, fl~e ~ 1. Predg~fJon ef Ileuslng The 1993 Housing FJement identified s S-Tear need for new construction of 2,587 Jmlts total The time fimme ~or the production of these units vats 19904995. From 1990-1995, 264 new housing units were added to the City's housing stock. These 264 units represent 10% of the 2,587 unit goal for the five-year time fr~m~ However, over the longer time p~iod of 1990-2000, the aversge rate of production was 200 nnits per year nj: appI~lx'imately 2~000 units total for the 10-year pesiocC 2. ggnservatJell of Benslng gglts The 1993 Housing Element (p~ 3-19) induded four objectives for the conse~v.don of units. ~) The 5,900 existing rental units were preserved because there were no conversions to condominiums. O~'~#/m b) The 27 units for disabled households (Lc Beaulieu) were preserved as well as the 20 units in congregate care residences. O~/~/t~ c) In 2001, there were 27 Section 8 homing'choice vouchers being u61?ed in Cupertino, Further; there were $ total of 51 Cupertino residents placed in shared housing argents by Project MATGH. d) On average, approx4m,tely 3-5 housing onits were l'ehabilitated ann, rally during the past decade in Cupertimx The 1993 identified s goal of 20-30 unit~ zv. habilimted. O/j~m'u .//diem/ 3. Preductlell el Affordable gnlts The 1993 Housing EI~'nent (pg. 3-19) established an objective of 160-210 very Iow or low income units and 25 mode~te income unit~ Very Low ~nd Low Income Units: Second Unit Program: 14 Units Produced Hew Construction of Rental Housing: 135 Very Low and Low Income Units Developed 0~¢1i~ P,z,~ .Aabkud' 149 total ~#its pm~.ed Moderate Income Un/m: Mortgage Credit Cerffficates~CC): 73 MCCs in Cupertino from 1990-1998 BMR Hom,~me~hip Units: 26 Units (1993-2001) O!~iw ~kv~d a~,t Exae~d 4. Begulatery COllfrols and Incentives D,,6ng the time fi-~me of this review period, the Q~ conliilued to encou_eage mixed use development and the use of density bonuses. For ~Y~mple, the "Hesl't of the City" Specific Area Plan wss enacted in 1995. This Phn encourages mixed use &vel- opment st high residential developments and pwvides guidelines for the develop- meat of the central core of the Ci~ Fu~theg the City has provided cettsin conces- 48 dons £or sffordabl¢ housing Fore~r~mple, the Folge-Homestesd development in CHAPTER 6: REVIEW OF 1993 HOUSING ELEMENT 1995 was allowed s 25% density bonus and fol~veness of p~rk fees and comtruc- ti o n tax for the 15 very low income units providecL Parkln~ mq~ts were also reducecL Further, the City implemented the "Ho,,,i~o~ Mitigation Program" ~,rl.g this fim~ period which resulted in both rental and fo~-sale "~elow ~ket Rate" units being developed as a condition of uew resiclential ck-.aopment ss ~ ss in-lieu fee p~y~,,ent~. APPROPRIATENESS OF GOALS, OBJECTIVES AND POLICIES THE FOLLOWING THREE GOALS WERE IDENTIFIED IN THE 1993 HOUSING ELEMENT: to achieve greater oppoffunlty for current and future Cupertino · GOAL B: Estabish and eniorce egec#ve guidz]r,cs and regubtbns for · C-.-.-.-.-.-.-.-.-~)ALC: Estabbhacommunllylnwhk:halpeople, r~l~'-~'-dlhe~' the equitable solution otsoclaland technical problems conceming These goals are still appropriate for the 2001-2006 time frsm~ Ho~,g.~.x, the goals for 2001- 2006 are more specific in regsed to spe~-! need households and equal opportuni~. There - will be s total of five goals then £o~ 2001-2006, The majority of 1993 policy directions will continue into the 2001-2006 time frame. The following policies shall be espe~olly ompb~i~.ed in the 2001-2006 Housing FJomeni: · Encourage and support the production of affordable units for very low and low income households, · Preserve existing ~ental housing slock~ · F_,xpand City paiiimtships with non-profit developers m build and maintain affordable units, and · Support the provision of housing appropriate for all household income levels and special need households. 49 PROGRESS AND IMPLEMENTATION SUMMARY: lhe Cily achleved l O~ of the ~ ffve. yec~ goai for new condmclion a~ unlls. Appm~264 unlls were produced dudng 1990-?$. 1he odginal goal was 2,587 unlb. 1he development of unl~ uffor~ ' '~ toverylowandlow Income households is a dffffculf task for many Cali~nla communllles. However, dudng lhe 1990-2000 time frame, there were 135 rental unib alfmdable to very Iow and Iow Income households developed In Cupedino. Fu~er, 14 Cupedino provided both mgulalory~ I~ ~an ~ for the production af more alfordable unlb dudng the time frame reviewed. 1he"Homing MIItgallon Program"required al new residenl~ develop, nc, d to either payan In-leu fee (x develop a BelowMalkef Rate unit. Fudher, the Office/ Indusl~alMIligalion con~aonenl requ~ed c~v¢lop~to paya fee that was lhen used for addilional ufford~ ' I: housing oppodunilles. Existing rental un'ds were consewed dudng lhe lime pedod of the Housing Bement because dlhe Conclmt A ~_,m Conversion become even more cdllcal t, ince the 1993 Housing Bement. wasadolded. Housing cosbhavelncreasedsubalu~dl~ ~/ since 1993 and the presewaflon of rental unlb as an enl:~tant co~oflheuffc~dr' I_- housing slockhas become even more b ~ ~,.~du~d. the 2001-2006 goals, I:X:~x:les and programs wil reflect ~ Increased emphasis on exisling unib aswell asthe production of addlllonal affordable units. SO CHAPTER 7: HOUSING CONS?RAINT$ 7. HOUSING CONSTRAINTS Governmeneal tegu~do~s, ~rhile intendon~1¥ regulating the q,,olity o£ development in the commtmity can also, tmintentionally, increase the cost o£ devdopment end thus the cost o£ housi~ These [~e:t'nmenlld. Cot~trsint~ include land use con=ob, ~ codes end their ,'~ ¢otccme~t,, sit~ impmwments, fees, and other e~*c'dons requital of devdopers, and local processing end permit pmcedure~ Land use controls mT limit the amount or density of development, thus increasing the cost per unic On site end off site improvements like toad improvements, traffic signals on adjacent streets or sewer improwments m.y increase en individual project's costs of develop,~c Proeessing end permit requirements may delay construction, in~ financing and/or overhead costs of a developrmmt. GOVERNMENTAL CONSTRAINTS LAND USE CONTROLS The City's General Plan end Zoning O~dinence provides for a range of ho,~s;ag types end densities. The Land Use F~vment of the General Plan includes the following polities regard- hag housing. Polify 2-13: Provide for a full range of ovmmhip end rentsl housing unit den.~fies, including ap~t tments end other high-density housin~ Pvlic/2-14: Consider hou.ing along vfith non-~idential development, l?.ermitting it in addition to the non-x~siclential deveJopment. Pvt~y 2-15: Ensure that the scale end dmsity of near residential development and zemodelingis reasonably compatible with the City's pt'edomlnant single-f~mily zesi- dential patterns, except in szeas designated for high density Pv,6~y 2-16: Ensure that zoning requests rebind to lot size confider the need to preserve neighborhood land use patterns. The Zoning M~p fo~ the City cont*ins the following spedfic residential zones: Residential Hin,ide (RHS) Single Family Residential (R-l) Single Family Residential Cluster (R1C) Resid~tial Duplex (R2) Multiple F~may Reside~*~ Densities in the RHS zones am limited by the slope of the hill.ide ~ end ate under 1 unit per aere. The low density residential zones(R-l) tTpieally*llow 1-5 units per acm R-2 range from 5-10 ,mits per acre. Multi-family residential can r~n~ up to 35 units per aere. In addition to these desigtmtions, the City dso allows n~sJa,~l use in Mixed Use zone szeas. The demity range allowed in the "Heart of the City" Specific Plan is from 8-35 units per acre, calculated at net density excluding parking end/or land areas &:~oted to the corn- men:iai portion of the property. 51 INFRASTRUCTURE CAPACITY The City of Cupertino is an established community with infmst~cture already developed and in phce. Wste~ service is provided by the San Jose Wste~ District and sanita~r sewer service is the respons/bility of the Cupertino Sanitary District. The Sanitary Dist:ict has ident/fied some s_reas of Stevens Creek Boulevard which need la~o~ pipe capacity and will be repls~ing those lines as new developments occur. Other thsn that ~ the District indicates that there ~e no other constraints to development and that the treatment plant does not h~ve any capadty issues. The issue of traffic congestion has been identified ss a potentisl constraint to hou-qing devel- opment. The current (2001) General plan contains the policy direction that 'qevel of service D" shall be the minim~xm tt~ftic level for major int~section~ It fttrther specifies that "level of service ]g+" shall be the minimum for the Stevens C.~ek and De Anza Boulev~ds intersec- tion and for the De _An~a Boulev~d and Bolling~ Road inte~eciion. If new residential development will result in the level of service to drop below these mi-lmum 1Qds, then traffic could be considered a const~int to housing development. The City will monitor traffic lc,ds though the environmental assessment stage of individual projects and will address traffic as a constraint to housing should k be found to be affeOing residential development GOVERNMENTAL FEES Land development within the City of Cupertino is subject to dkect fees imposed by the City itself; fees imposed by the City on behalf of another governmental sgenclg and/or fees im- posed by another governmental agency within the City botmd~ies. These fees ~e imposed for the pu~ose of offsetting capital expenditures necessary to'accommodate development or for delaying the City's cost of Ieviewing a development proposal and providing required permits, plan checks, and inspect/on. The t~ble below identifies the typical fees for a single-family unit in 2001. Fees for a multi- family nnit would be less becanse the square footage of a mulfi-fiunily unit is typically smaller than that for an average single-family unit. $iagl~-F~mily Dweai,,g (2000 squ~e foot house and 400 square foot gsmge) Building Pemfit and Fees $1,184.00 Seismic .20.00 Mechanical 204.00 II lt t'1ll Ch k ,00s.00 Plan Check Enel'~ 355.00 Ho~d,',~ l~ti~tion Fee 2,400.00 Construction Tax 409.00 Geological Report 1,000.00 ~-_mimum for Hillside and Fault Areas) School Impact Tax 4,650.00 Saxfit~ Comaecfio~ Permit 77.50 Pa~k Fees 15,750.00 Storm Dndn Fee ~25.00 52 TOT~. $28,788.~0 CHAPTER 7: HOUSING CONSTRAINTS The l:~ttlr l:2ee o£ $1 ~,,750 is the most subsbmti~l ~e eK~tgecL ~-~oweve~ it ~ ~t ~ no~ ~t thi~ f~ h~ not ~h~n~ ~ce ~e 1993 Hou~ ~t ~ ~t~ F~, &e fee ~s ~ ~ for aff~ ~m md it ~ ~e~ th,t k ~ ~g m be ~ for affo~b~ ~m b &e ~ PROCESSING TIME The residential development process proceeds through various stages, ,',ch of which re- quites some form of City approval Initial pmcesslng of a development application de- pends on the type of project proposed (~8~ Planned Unit Dewlopment, lot subdivision, etc.) ss wall as whether sdditional requirements will need to be met (e.8~ ~ezooing of land, envimnmen~ ~ etr.). The~fot'e, processing ~t~iew ti,~es can vary depending on many different factom In Cupertino the processing of residential spplicstions does not appear to be s constt~t to the pmvi~ion of housi~ In fact, s survey of Cslifor-io communities ~,~-~1, that Cupe~thao has much shotte~ procesRing times than the average Cslifomiz cornm~,ni~r. In their i~;'pol% · l~iqir~ the Roofi St~t~,.~le Ho, siqg Plan 200~. the State of California Depsihuent of Honking and Community Development snmro~i~es average processing times for selected C~lilrornla communities. The svei~ge processing approval ~i~e for single-family projects was 11 months for an Canfomi~ comronnities and 5.7 months for Bay Area communities. The same report (pg~ 106) evaluated s 342 unit development, Hsmptons development, in Cupertino in ~ to processing time and ~.views neceSsszy. The actual approval time for this development vas 5.8 months which is sir~ihr to die svel'sge £oi: other Bsy'.Ad'es comrml- nities and less than the average for an Csiif~ communities. BUILDING CODES AND SITE REQUIREMENTS The Building Codes adopted by the City of Cup~ino ate the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and Natioasl Electric Code. The City's Building Codes have been adopted in o~cle~ to p~event unsafe o~ hazardous building conditions. As such, the Ciys codes are ~ re~soriable and norm~! enforcement of City l~egulstions and do not act as z constraint to the constroction ot r~b~bilitation of housi~ - The Cites residentiid zoning s~ndar~ ~ R;mil,e to othe. t commnnities. The t~ble on the following page 011usR'ation #24) provides e~r, mples of some of the more common setback I~X:lUi-rements and minimum ps.-~el sizes. As the ~ble d~monsttstes, the City's r~quitements ate somewhat flexible slid exceptions can be gt~nted, where sppi~iste. One of the mliot themes that is evident in the City's site stsmdsIds is to ensure tlmt any new development is compatible with the surmtmcling neighborhood. This is especially hnpol~ult as the Citlr~s vacant land invento~ is reduced and the~e is s gteste~ d~m,nd for inftll and re-d~doptmmt of exi~tlng sites. 53 Zcn~ Minimum Mnlmum Dlstdd L~ Size Frc~f Y~rd SId~ Y~a'd Mmdmum Parking Selbad( Seiback I-kdght ~-6,000 20 fleet On= sJd= 28 feet 4 spaces pet ~,~ be no 2 gara~= and R4* i=ss than ]0 2 op=n No iii~i~ Flexibi~ Flexfei~ 30 feet 2 spaces pe~ development dcpea~cllog on d~ndlng on d~asity unit + R-lC ma design design 1.5 spaces b~lroom ~fler lbo 1st Dependent 20 feet Sidz yards 2 stories {30 2 spaces for on tl~ shall equal a feet) each density number of ,.:.~mm of 6 unit: ur~ feet ~r sing~ I co~ed sm~, 9 f~-t andl for second m~,ovea~d R-3 story 18 feet for structures exceed~g 2 stories or 24 1/2 acre 9 feet fi'om 20 feet from 3 Floors (36 Heart of required proper~ lin= feet) altho.~oh See parklog City Parkway e~xeptions requ~zr~-~s Sl~cific Landscape may be for respective Plan (M~lti- ~=erne~ gmnled for uses. Unit ~ ov=r Residential) parkhg Second Unit St=ndazds Second units are allowed in single-family residential neighborhoods with the lo,owing devel- opment s~dax'ds: Parldqg Rrq),irements: One functionally indePendent, paved off-street space. Floor Ave* ll~tio: Up to 45%, including all building% in R-1. Attached/Detached.: Detached Second Unit allowed on lots of 10,000 square feet or larger M*xqmnm Soj~ove Foovqge' 640 square feet m~imum OccupanCy: I~ri,~g Fall, 2001 the City will be eliminating the requinmaent that a propexty 54 ovmer live in tither the m~in unit Or the second unit. CHAPTER 7: HOUSING CONSTRAINTS MARKET CONSTRAINTS There ~te a n-tuber of costs involved in the development of housin~ These include land and conswaction costs, site impwv~ments (streets. sidew*il~., eta), sales and m~rketin~, fi- nancing and profit. Because these costs sze so m~rk~t sensitive, it is difficult for a local go.e~nmentsl body to ~educe them in any way. As is tree foe most Bay Area communities, Cupertino is an expensive housing m~rket. Be- cause of its location and the high Cl--llty of its public school district, Cupertino is viewed as a desirable place to live. Developable land is awii.ble but pureh~.e costs axe high. The Construction Industry Research Bo~ ~epons that the m~i.n, cost per square foot foe new x~esidentisl construction (includln§ land and ov~head costs) was 1246 per square foot in Consh-uction costs foe residential development can of coupe vary depending on whether the unit is pan of a tract development or is being built as a custom oe"spec" hous~ Average costs just foe construction e~n r~%ge from $60 to $200 and up per sq,,o~ foot, depending on the type of housing construction, amenities, q,,ollty of impn~-~ents, etc. There is little that local governments e~n do to comxol either the cost of consmxction or the cost of hnd because they axe definitely ptivate-m~rlrot dtiven fo~'ces. De.elopers in the Cupertino azea report that fmanving of new residential development is not a problem. Fin.-~ing is avoiloble and is provided at xx-asonable terms and conditions~ The Cupertino area is viewed as s desirable area to develop housing and re.ny of the devel- opers report long-standing x~lationships with finan~iol institutions that help pn~, 'de sttrac- five ~_~__ne/~l paelr%ger. Mortgage fi~.nv/~g is also awil~ble to homebuyers through lendi.g resonrc~ such as b~nl~., szvin~ ~nd loans, mortgage b~olrors, et~ PRODUCING AFFORDABLE HOUSING IN TODAY'S MARKET The exp_~slve land and construction costs in the sze~ also affect the pxxxiuction of afford- able housi~ Non-profit de, dopers who have built affordable housing units in the Santa Clara County at~ in the 2000-2001 time period Iepott flint thek average cost to build a multi-~mily f~mily unit is $2.$0,000 and apptxyrlm~tely $124,500 for a multi-~mily el6~!y unit. The cost of provialng an affordable single-f~mi¥, sm. Il lot home is st least $400,000 in Subsidies are always necessary in order to m.iro these units "affordable" to very low, Iow and moderate-income households. In fact, most truly affordable housing developments in Cali- fOrnia today require 10-12 different subsidy sources in order to make the project a.,.a,ny feasibl~ An excellent ~mmple of this is the appwv~d, but not yet constructed as of 2001, "Heart of Copel~ino" 24-unit very low and low-income development. Included as pm of their ftmding aorta:es are federal CDBG and HOME funds, $1.6 million from the Ciys Affordable Housing Fund, 501 (c)(3) bond financing. Sob=to Family Housing Fund, and equity ~ the non-profit owner, Cupertino Community Service~ SUMMARY ANALYSIS OF CONSTRAINTS ON CUPERTINO'S HOUSING N~ARKET As the discussion on the previous pages indicates, the high cost of acquiring land and construction is a major constraint tow~-ds the provision of housing, espedal¥ alTordable housing. Cupertino is located in the San Francisco Bay Area, which is consistently identified as one of the most expensive housing markets in the country. There is very rfllle that munidpal governments can do of i::xtvate market forces. The City can, however, ensure that several components are "in place" and part of the overall housing strategy to produce affordable housing. These components include available land at higher densities, financing and subsidy assistance and, a In regard to governmental con~aints, one area that the Cih/ can modify is to encourage the use of incentives such as density are presenting proposals for affordable housing. There should be an increased marketing effort on the part of City staff to provide information about the benefits of providing affordable housing, in excess of that which is required by the City's Housing tv~igotion Program. The chapter.that follows (Chap_t.er 8) descri,be,s-the ~at ,egysection of this Housing Element., This cna~ Ter. alSO rep. resents, the summa .ry of the Housing ~-. ement Technical Document. A~s such, ChapteT 8 ,~ the, r ,~..~nt.afiy..e ,ch,a. pter far the Housing Bemen.T, wnicn is ~nserTea inTO ~ne General Plan aocumenT. 56 8. HOUSING PROGRAM STRATEGY: 2001 -2006 INTRODUCTION State Housing Elcmeilt ~ (Stnte o£ C~liirotllill Government Co~ fi~ ~e ~e of~fo~-~n ~t must ~ ~dud~ ~dud~ ~ ~e ~~ ~ ~ ~ of ~e ho~g s~ md ho~ol~, ~s of~on~ Honslng N~s, ~flon ofp~t p~ss ~ ~g Ho~ ~t~ ~ pmj~ ~, ~d. md p~s. ~e Ho~,d~ ~t must ~ p~y ~ for c~oflon ~ &e Sm~ D~a=~t ofHo~ ~d C~ D~mmL B~use mu~ of &e ~fo~-fi~ ~d f~ S~te ~flon is smgs6~ ~d must be up&t~ Do--mt ~dud~ ~e ~m ~ for ~ ~sp~ ~du~s s s~ of some of &e T~h.;~ Do--mc FoB~g ~t s~ ~ s comp~ ~s6~ of &e ~s, po~d~ md pm~s for &e ~1-~6 ~e ~me of COMMUNITY PROFILE POPULAIION AND Housmo~ Since its incozporation in 1955, ~c ~ of Cup.o's pop~gon has b~ ~;fi- ~dy. ~ 1955, ~ ~p~n of~e ~c~o~t~ ~ ~s less ~ 2,500 people. ~e 2~ U.S. ~sm · e pop~ ~ ~e ~ ~. ~e p~n for Cup~o ~d im sph~ of~flumce ~ 20~ ~ esfi- ~ ~ ~ 66,~ p~ons. ~e ethnic compo~fion of Cup.o's pop~fi~ ~. ~e most s~fi~t ch~n~ h~ bern ~e ~e ~ ~e A~-~m~ pop~fion. In 1980, ~i~-~ Ho~, ~ ~0, ~e pmpo~on of ~-~s ~ Cup--o's pop~on ~d ~ss~ to ~'/0 of ~e m~ pop~fion. gon ~ ~ ho~old ~ili~ ~ ~ ~ or bl~ ~d ,,n~t~ ~d~s ~n~ ~, Cup~o. Appm~y 75% of ~ose hous~ol~ ~ ~s~ ~ "~' hom~ holds ~d ~e ~inln~ 25% ~one). It is ~gm~ted ~t 13% of ~ Cup~o hom~olds ~ ~ ~ ~ '%~ ~come ho~ol~. ~ 13% l~-~come ~d 801 l~-~me ho~o~, In ~1, s hous~oM of fo~ ~ons ~ s m~m~ ~come ~ ~come ~'t ~ $69,050 ~,,~, ~ ~d be coned l~-~co~ ~7 Household size has rermtined relatively fl~t in recem decades. In 1980, the average house- hold size in Cupe~lino was 2.75 persons per household. Between 1980-90, the average household size decreased to 2.60 persons per household. However, by 2000, the average household size reverted I~ck to the 2.75 persons per household figure. · ..eoupee: ~$. Census 19~ 1~0, 1~0, 2000 Hous Cup--o's hous~g sto~ ~s p~m~ly b~t ~ ~e d~des a~ W~d W~ II ~d refl~ im sub,bm, ~sidm~ &~c~. ~ ~e a m~ of 18,682 ho~g ~m ~ Cup~o ~ 2~ md ~e majofi~ of ~ose units ~ ~mily hou~g ~. Hou~g costa ~ ~five ~ Cup~o. ~Jm~, 2~1, ~e median sfl~ pfi~ for a ~e-f~y home ~ Cup~o ~ ~ ~cess of $1 ~on dolhrs. For &e s~e ~ ~e p~od, ~e av~ ~t for a m~fi-~y ~ ~t ~s $2,353 p~ mon~. ~ese costa f~ ~d ~e ab~ ofv~ 1~ md low ~c~e hous&olds to pay fo~ affo~ble hom~. It is ~ted ~at ~ ~01 at l~t 1,651 lo~ ~co~e ho~ol& ~e "~ay- ~' for hou~g ~a~ng mo~ ~ 30% of &~ ~me for houglng costa). From 1990-~, a ~ of 2,074 n~ ~m ~e ~d~ m Cup--o's hous~ sm~ ~s ~sm~ a p~du~on mm of a~~y 2~ ~ p~ y~. ~e n~ cons~cfion obj~e ~m ~e ~s p~o~ Hous~ ~mt for ~e 199~95 ~e ~e ~s not ac~ O~y 10% of~e es~ma~d ~587 ~ to be p~oduced w~ achy d~dope& PeeJEUm II.sum Nm 1. Nm CoNsmucnoN ~AG ~ ~d ~at ~e Ci~ needs to p~de a~te sit~ to acco~o&te 2,720 ~m fo~ ~e 6me p~od of 1999-2006. ~ ~jm~g for ~e ho~g ~ p~ded ~ 1999-2001, &e ~ ~ ~ ~t adeq~te sites ~ need~ ~325 ~ ~m ~1-2~6, or 465 ~ p~ ye~. Bss~ on ~e fact ~t · e p~t d~ade ~s add~ ~ sv~ of~ ~ p~ y~ ~ ~e housing st~ ~s 5-y~ ~ of 2,325 ~ts ~ ne~ ~ be ~ss~y p~u~ ~m ~1-2~6. One of &e most ~ ~su~ ~g Cup~o is ~e ~ of a~ n b~ b~l~nce be~m jobs md ho~g ~ ~e comm~ In ~1, ~AG esfimi~ ~st ~ ~ 2.4 jobs for ~ hous~old ~ Cup~ ~ m~o ~cates ~t Cup~o ~ a "job fi~" co~ md ~ h a need to s~e a be~ hal!nee be~ jobs ~d ho~ ~ o~ to s~e ~s, Cup~o ne~ ~ mo~tor ~e n~ of n~ jobs ~t~ ~ ~fions~p to · e o,m~ ~d ~e of hous~ ,ni~ ~o b~g d~oped. Thc ~ o£ adequate sites £o; 2,:~25 new units t'o~ 2001-2006 is funh=r ~efined bl~ eSti- ms~n~ the nurnbe~ o£ units needed £o~ ve~ low, low and mo~le,-ate income households. Adequate sites at appropriate densities need to be p~vided to accommoc~te houAi%o ,nits affo~hble to the followin~ household income i/~-oups. HOU'S~HOT-n INCOME Very ~w-Tnco...e 378 U~ts I_.ow--Incom~ 188 Units Moderate- I. nco...e 626 Units Above Moderate- l-~co...e 1.1:3_~ Units TOTAL 2.:!~25 UN~'~'s 3. CON~RVA1}ON OF EXI~NG HOUSING The City's ~,tinE ~ntsl swck p~ovides a source of affordable ho,,~i-g for lowe~ and mode~te income households. In 2001, theie were 292 rental units with affo~clsbility controls in Cupe~cino. In addition, the~e were 3 I/~oup homes pwvidin§ housi~§ fo~ a total o£25 persons/households. One of the most si~ifi~nt needs durinE the 2001-2006 time pedod is to conse~e the existi%o rental housi~ stock. In pat~io,lo% the City will monitor the potential convers/on o£any affordable units to m~rlret tate~ specit~,cally the 100 unit S-n~yview development (ai~ordsbility subsidies s~e scheduled to expire in 2004). 4. SP~c~t HouslH~ N~ws Some o£the households tl~=t have special housin~ needs in Cupertino include homeless, eldedy and disabled households. The City needs to continue its lelationsh¥ with specill need pn~videes and to support the provision of additional housi~ oppon'unities where feasible. $. E~A~ Acc~ ~o A fu~a~ental ~t is the ability/o~ all p~rsous to have equal access to housin~ ~e~- less of/actors such ss ~eli~on, ethnicity, a~e oz sexual orientation. It is hnpommt that the City continue to ensure equal access to housi~ and to support ~oups and o~ni~-atious t~t pwvide hk housinS couns~li~o/in£o-~.tion services. Gms, Peuen sm Pneums [2001-20061 AS BBIlilB MIgE MB [] lIE IIISlil B~IB~ TE~BB~ IlelIIBIT, 59 G AL GOAL 1: EXPAND THE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Policy 3-1: Designate sufficient residentially-zoned land at appropfl~ den- sifles to provide adequate sites that WIi meet ABAG's estimate of Cupertino's new combucflon nccd of 2,325 units for 2001-2006. Included wiIh that need are the following objectives: Unib Affordable to Very Low Income: 378 units Units Affordable to Low Income: 188 units Units Affordable to Moderate Income: 626 units Units Affordable to Above Moderate Income: 1.133 units TOTAL 2,325 Units · 1. Housing Units by Planning Districts ~cotttage :esiclenti~ development i~ the £ollow~g p!~n.lng dis~cts, as A D E Q U ATE p~x~vided below. Residential development in ~hese planning districts includes SITES FOR mixed-use, multi-unit ~esiden~!, and siagle-£,mily ~-sidential at a d~sity of 15- 55+ nni~ pe~ ac~ Adequat~ infrastructure is cutten~y awiloble to all districts. H 0 U $ I N G (Pl~art ~# r~ o#In~ 73, ~vbicb idtntifie~ tbt lo~tioarfor tl~proJ~d Time Feame: 2001-2006 Responsible Patty: City of Cup~o, plom, ing Depaxlxne~t ~l~na~tified Objective: Heart o/' the C/tv Z//sta'ct 433 Units at 55 Units pet Ac~e (12.5 Ac~s) North DeAo~a District ~ Units at 35 Units Per Acre (4.23 Aeres) Bubb pl*nnln~ D/stt/ct 150 UnitS at 15 Units Pet Acre (10 Ac~s) Homestead DJsttl'ct 605 Units at 50 UnitS Per Acre (1~ Acres) Uode~tz~ted 40 U~ a~ 20 Units Per Ac~e (2 Ac~es) TOTAL 1,378 UnitS · 2. Land Use Designations In o~de~ to allow £o~ the numbex of units as identified ia P~ogtam #! (Housing Units by Planning Distichs), some parcels ofh-d in the specified Phnrfing Districts will need a change in land use designation or zoning. The City win change land use designations/zoning to ~eflect at least the density ~age of CHAPTER 8: HOUSING PROGRAM STRATEGY Pinn Brothers Development is an example of redevelopment of underutHi:ed lan~ The site formerly was 1~,000 sqaare feet of retail use. The recently approved m~ed-use development plan for the ~ite inc~da 46 tow~o~ and o~c~co~cial us~ ~e de~ of ~e r~entlal area ~ ~5 ani~ per acre. 15-50 ~m p~ s~ on ~ose p~c~s d,,~-Z ~e ~1-2~2 up&re of ~e Gm~ P~. T~e F~e: 2001-2~2 ~epomib~ P~: ~ of Cup.o, pl~.~i~ Qu~cd ObjeX: N~ D~ D~ ~ z~-g m ~t ~ 4.25 ~s ~ ~ at B~bb Di:~ ~se z~-g so ~at ~ ~0 a~ ~ ~ at s 3. ~s~ng In~eMo~ of Reside~al Parcels i.g Ne~ T~e F~e: 2~-~ ~ Obie~: ~9 U~m at ~ U~ P~ ~, 29 ~s To~ 4. 5~ond ~elling ~n~ Ordnance ~ ~e p~o~n o~mo~ s~d ~ on ~s~l p~. E~ p~r~ sq~e foo~ mi.~mnm~ ~d o~ ~~ to det~ne ~e~ ~o~ ~d ~co-~ ~e d~8~t of mo~ s~d ~. T~ F~e: ~-~2 E~ ~ ~ pm~ ~ ~-2~6: C~ m ~p~t p~ ~sp~ ~: ~ of Cu~ P~ De~t 61 Policy 3-2: Identify sites for 500 addillonal housing units (units in addition to the 2,325 unit Regional Housing Need Allocation) as part of the General Plan Update, subject to analysis of lraflJc and ofher related Impacts. · 5. General Plan Update D~rlng the General Plan Update of 2001-2002~ site~ will be evaluated to pzovide 500 dv~lllng unh~, hi ,addh~on to those identified for the Regional Houdng Need Allocation. Sites will be evaluated based on envimnmentel impact~ and traffic ~n~lysis. If tbe~e impact~ aze'dat~-~ned to be minimal, the City n~y choose to de.re sites for up to 500 houdn~ unit~ T/me Franc: 2001-2002 ~e~pom~le la~: Cit~ of' Cuperlino, pl~ Depm~tm~t Quant/fled Objective: 80 Very Low Income Unit~ 40 Low Income Unite ~35 Moderate Income Unit~ 242 Above-Mocleraee Income Unit~ 500 Unite L GOAL 2: DEVELOP HOUSING THAT IS AFFORDABLE FOR A DIVERSITY OF CUPERTINO HQUSEHOLD Policy 3-3: Implemer~ the City's Housing Mitigation Plan, which addresses affordable housing needs for owner and renter housing in the communily. Assign priority to households who live or work.in Cupertino for BMR un~ produced through the plan or affordable hou~ng units built with millga- tion fees. · 6. Housing Mitigation Plan: Office and Industrial Mitigation The City w~. continue to implen~a.t the "Office and Indus~l Mitigation" fee p~ognun. This pzognun zequ~-es that devetope~ of office and hidus~-I A FF O R DA B L E space pay a fee which wgl then be used to support ~'Eordable housing for H O U S I N G i~.milies who work hi Cupertino but live elsewbe~ These fees aze collected and then deposited hi the City's Affordable Hous/ag Fund. The City will P R 0 VI D E D conduct an updated "nexus" study to determine whethez the B Y hi which fees a~e calculated is si/II appwp~/at~ H O US [ N G Time 1%une: 2002-2003 Conduct updated nexus study M I TI G A TI O N 200t-2006 ~l, lemeat x/itiga~on P L A N Respons~le Paz~r: City of Cupeztino, pht~nin~ Dep~rtment · 7. Housing Mitigation Plan: Residential Mitigation The City v-gl continue to ~mplement the "Housing Mi~fion" ~,~- Thh 62 prelim applies to ~ new zesidential development of one unit or greater. CHAPTER 8: HOUSING PROGRAM STRATEGY Mit/gstion includes e/the~ the payment o£ an h-llen £ee or the pwvision ~ Below Mod~et R~te (BMR) -~it or units. Projects o£ 10 units or more must provide on-si~e BMR units. Projects o£ 9 ]1flits O~ I~S Cm ~ith(~ s unit or pay an in-lien fee. T-,p. lementstion o£ the pmgmn shall a) priority £or occupancy to households who reside, work, ittencl school or have fi~mily in Cupertino; b) additional priority £or households with wage earners who provide a public service; specifically, employees of the City, local school dis~ct and public safety agencies; c) utili~.e Citlls Affordable Rent Schedule as a guideline in setting rents £or new affonflsble housing; d) upchte the nmt schedule each ye~ ss newincome guidelines are received and determine I ,,ni~o~m method £or ~llowing tent adjustments for a£fotxl- able housing; e) allow developers to meet all or it portion of thei~ BMK requirement by making hud awilable for the City or a non-peo£t ho-d-g clevelope~ to constract affontsble ho-sing; f) =xluLre BMR units to t~-main affo~lable foz s t~inlm,m of 99 yestsi g) enforce the Ciys first lfight o£refossl for BMR,mits, and h) t'girise the p~ogt~m to ~uige a miflim,,m 15% requi~-ment, instead of the cummt 10%. Time F~tme: 2001-2002: ~ 10~/~ B1VI~ xequk~ne~t to 15% 2001-2006: Implemem Pmg~m Reapomible Patty: City of Cupertino, Phtming Department Quantified Obje~d,,¢: 1~9 veoj' low income ,mits 1S9 low income F,,3 me~i~- income nnlra S3 modcret~ income units · 8. Affordable Housing Fund fordable hovdng devdopments. "Requests for Proposals" (P, FPs) will be AFFORDABLE solidted from interested parldes to develop affo~lable units with housing H 0 U $ I N G funds. Affo~chble housing funds will be expended in the following matt- F O N D ne~ (amked in o~e~ o£ priority): a) Finance dfordsble housing pzojects in Cupeztino. b) Establish a downpayment assisumce plm thzt m.7 be used in conjunc- tion with the BMR pmg~m or to make manet rate units' more a~ordsble. The assistance should be in the £onn o£ lowintezest loans and not gamts. c) Esusblish ~ zen~ subsidy pzog~-~ to ,~ol~e ,~a,ket rate ,,,its more s£- £ozclable. Time Frame: 2001-2006 Reapom~le l~zty: City o£ Cupe_,~o, plo,~ni,,~ Depzztmem Qmmtified Obiecl/ve: 40 ve~ low income smitz 40 low income .nits 63 Policy 3-4: Encourage the development of a diverse housing stock that provides a range of houdng types (ln~.luding smaler, moderate cost hous- ing) and alforda~ levels. Empha~e lhe provision of ho..uslng for lower and, m, cle,-ute Income households and, also, households wilh wage eam- ers who provlde a public sewice (e.g. school dislflct employees, municipal and public safely ernplo~, etc.) · 9. Mortgage Credit Cerlilicate Program ?anicipate in the countywide Morlgage C_,l~t Cel-ri~cste (MCC) program_ This pix~ratn allocates mortgage credit certificates to lust-time homebuyers to purchase hoodn§ units. Due to the high cost of hottqln§ units in Cupertino, it is estimated that most of the County's MCCs will be used in the City of San Jose, where there ate more low cost housing units avoiloble for sale. Time Frame: 2001-2006 Responsible Party: Santa ~ County Mortgage C~lit Certificate Pmgnun Quantified Ob]e~ii,=: 1-2 Households Assisted Anm,olly · 10. Move in For Less Program The Tzi-County Apartment Association is mana~ this pwgram which rec- ognizes the high cost of secu~g renu housing. The program is geared to classroom teachers in public or private schools who meet income critori~_ Apa~tu~ent ownets/managem who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. Time Frame: 2001-2006 Responsible Party: Td-County Apa~i~nt Assodafio~,, and City of Cupeztino · 11. SUrplus Properly for Housing Tn conjuncrion with locsd public ~ades, school districts and chm-ches, the City will devdop a list of surplus property or undem*ilized property that have the potenri~l for residential development, compatible with sun-ounding den- dries. Additionally, long-term land leases of property from churches, school districts and corporations fo~ constmcrion of affordable units shall be encour- aged. Further, the feasibility of developing spe~i~! housing for teachers or other employee groups on the surplus properties will also be evaluated. Teacher-assisted housing pmgratm in neighboring district, such a~ Santa Ch.~ Unified School District, will be reviewed for applicability in Cupertino. Time Frame: 2002-2003: Develop list of surplus p~opexfies and ewluate feasibility of developing residential units on propettieg Responsible Party: City of Cupertino, Plamfing Depaii,-~ent JOBS AND · 1Z Jobs/Housing Balance Program HOUSING B A L A N C E A~ pazt of the development ~eview process, the City will evaluate the/mpact of any application that will produce additional jobs in the comrmmity. The purpose of the evaluation is to describe the impact of the new jobs on the 64 City's housing stock, espe~i.lly in rehfion to the jobs/housing ratio in the City. CHAFTER 8: HOUSING PROGRAM STRATEGY In 2001, ABAG's estimate of the City's job/housi~ ~lio was 2.4 jobs to every household. Thc Eoal is to zeduce this ~lio c~,~i,,~ the time f~sme of this Housing Element. Further, the City will evaluate t~e feasibility of cle- veloplng a policy ~nd/oe program th.t conditions approval of job p~o- ducing activities to h~,,i-g production. Time Frame: 2002-2003: Develop procedure to evaluate job-producing development proposak Evaluate feasibility of policy and/or program that ties new job production to hm,,ing ptoductiom 2002-2006: Implement procedure Respons~le Pm~y: City of Cupertino, pl~,~ning Depattmmt Policy 3-5: Pursue and/or provide funding for the condrucllan or reha- blgtalion of houdng that b affordable to very Iow, Iow and moderate income households. Actively support and assist non-profit and for-I:xofit developers in producing alfordable units.- lmplemeum.'on Prognuns: · 13. Affordable Housing Information and Support The City will provide infotmalion, t~out~ and support ~o devdopets who can pt~luce affo~clable ho~-~ing. Information will be updated on a reg, l~r basis in tegaed to available funding ~ou~ce~ and be di~veibuted to all intex- e~ted develope~. In ~ddition, information eegazdlng axklitional City incen- tive~ ~uch as the Den.4ty Bonus l~gr~m (ace p~gnun #14) will also be provided and updated on a tender l:ra~i$. Flxt'th~l:, the City ~ involve the public from the b~'nnirtg of ~ Ifffo~lable hou~ application ~o that there axe f~,~a objections to the project as it goe~ through the City approwl p~o- Time Flmm~: 2001-2006 Responsible Pa~r: City of Cupex'fino, planning Detna~ent Policy 3-6: Maintain and/or adopt appropriate land use regulaffom and other developmenf tools to encourage the development of affordal:~ houdng. Make every reasonable effort to disperse units throughout the communlly but not at the expense of unden,~inlng the fundamental goal of providing affordable units. · 14. Density Bonus Program The City's Density Bonus Program provides for a density bonus md acldi- tional concessions foe developments of 6 o£ more ,,nits that peovide affotxlable housing foe flmilies slid seniors. Illduded in the concessions see reduced parldng standords, t~luced open space requit~aents, reduced setba~ recluirements, and approval of mixed use zoning. The City will change the Ontimmce clea,,ition of affordable unit m housing costs affont- able at 30% of household income for very low and low-income house- holds. Time F~me: 9002-2003 Change sffo~lahility definition 65 Responsible Party: City of Cupertino, pl~.~i.g Department · 15. Regulatory Incentives The City will continue to wsive pszk d~lics~.on and construction ~, fees for all affordable ,,nits. P~king staod~Ms will ~lso be discounted for af- fordable developments. Fo~ mixed-use and highe~ density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulations Orfll-once of the Cupe~-o Municipal Code, if the applicant can provide a study suppo~-g the deviation. Further, the ~ty will continue to e£ficiantly process aH d~elop- ment app]ic~tions. Time Frame: 2001-2006 Responsible Party: City o£ Copert~no. pl~.~i.~ Depat~nem · 16. Residential and Mixed Use Opportunities In or Near Employment Centers The City will eflcoutage mixed use development and the use of slmred park- ing facilities in or near ~mployment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing reside~ti~l development above exist- lng pn~king n~eas. In specific, these areas would be ne~: o~ adjscant to em- ployment centers and could provide sdditional oppom_mities for housing. Time Frame: 2002-2003 Evaluate p~rkin~ oppommity sites 2002-2003 Evaluate ineentive~ that may be otfeted to encourage residential development in ot neat employment center~. Responsible Patty: City of Cupe~'tino, pl.nni~g Depaztment Policy 3-7: When the City begins to collect tax Increment revenues from the Redevelopment Pro]ecl Area, a mlnimu .m. of 20% of tax Increment funds generated will be used for housing activities that create affordable housing for lower and moderate Income households, Iml~lement~tiau Program: [] 17. Redevelopment Housing Set-Aside Funds The City bas established a Redevelopment Pzoject.Azea but has not yet collected t~ J.~.c~et~ent ~L~C[S. ~/'~en those ~t~ttds ate collected, a mlninl.~ttn of ~-,0°/'o of tax inczement ~tmds will be dizected to housing activities. The Redevelopment Ao~enc7 will develop po]ides and obiect~s to= the use of those ~mds. ~ po]ides and obiect{ves sb~11 be developed to zeflect the ~onls and objeci~vcs o£ thi, Hous~g l~Jement. Time [=tame: 2002-2003 Develop Policies and Objectives tot Use of Housia~ Set-Aside Ftmds Responsible Patt~: City o£ Coper6no, Pbtnn~ Deps-,tmem 66 CHAPTER 8: HOUSING PROGRAM STRATEGY 'GOAL 3: CONSERVE AND ENHANCE RESIDENTIAL NEIGHBORHOODS Poicy 3-8: Assist very Iow and Iow-income homeownms and rentol prop- erly owners to maintoin and repair their housing units. rm. oJememadoA · 18. Housing Rehabilitation Program This pmg~m pwvides fi-.-~.! ~ssistance ~o elig/ble very low and low-in- come homeowners to ~ehab/lit~te theiz housing units. The County of'Santa CJ.~ Housing and Co~m,~ty Development (HCD), .a-~i.l.te~ the p~o- gram on behalf of the City of Cupertino. When thc City becomes an En- titlement COmm,,nlty in 2002-2003, housing rehabilitation ~ctivities vail continue to be funded. F~malng Somme: COBG F~ts REHABILITATION Time F~mne.' 2001-2006 P R O G R A M S Re,l~mible P~-~: Civ ot Cul~ezt~o ~1 Co,reV of Stats CI~ ~CO) I N C L U D E Qu~mtifled Objective: 5 Holt,'lng Units l~,~habilitated ~nmm]l¥ ACCESS AND WEATHERIZATION · 19. Home Access Program IMPROVEMENTS The Home .A_ccess Program provides assistance with minor home repairs -omic and Sockl Oppo~,ni6es (ESO) ,ami,~isten thc pzogau~ under a con- tract with the County of Sant~ Chin Fmc&lng Source: S~nts Cl~t~ County Uri~m Cotmt7 CDBG Funds Time Frame: 2001-2006 Respomible Pm~j: F_SO ami Coonq, of Stats ~ (TIC:D) Qum~tmed Objective: 3-5 Home. bolds Assisted Jmau~ll7 · 20. Weathedzcrlion Program p~vements to the~ homes. The progn~m Ls administezedin Cupestino and othez azeas of the County by Economic and So~] Opportunities ~SO) Funding Source: 5tste of California Eneq~y Conservation Pmgzam TLme Frame: 2001-2006 Respons~le Party: ESO Quantified Objective: ~-S Households Assisted An~.~!y ~ · 21. Apariment Acquisition and Rehabilitation The County o£Sant~ Clara administers HOME and CDBG funds on behslf of the members o£the Urban County and HOME Collso~dllm, The City Of' Cupertino psrcicipates in both the Urban County and ConsortJnm sctivilies. Funds are awihble on a competitive basis to developers to acquire and rehs- bilitste rentsl units for very low sad low-income households. When the City becomes an entitlement comm~mity in 2002-2003, the City will continue to include the sv. ilobillty of HOME and CDBG fund foz sp~i~.ent scquisition and/or zehabilitstion. Fun&lng Source: HOIv~ and CDBG Funds Time Frame: 2001-2006 Responsible l%zty: City of Cupertino Policy 3-9: Conserve Ihe existing stock of owner and rental housing un#s, which provide affordable housing opporlunilles for lower and moderafe income households. Implemeat~tio~ Erogrm~s: · 22. Preservation of "At Risk" Units The only slEuth, hie housin~ development st risk of converting to merket rate is the Sunnyview development. The e~'m~tion date of their federal subsidy is May 31, 2004. Howev~, the devdopment is considered st low zisk for convening because it is owned by a non-profit o~ganizafion which has indi- cated thst it will Mew the assistance sgain in 2004. However, the Citywill monitor the development and will initiate contsct in late 2003 with the owner and HUD to ensure that the units re~in affordable Time F~,~e: 2003 Initiate contact with ow,~e~ and HUD to cletezmine status of subsidy nmewal Responsible Pa~ty: City of Cupe. t'tino, planning Departmeat Quantified Objective: 100 Units Preserved as Affordable Housing · 23. Condominium Conversions The City's ~ri,ting Condominlutn Conversion Ordimmce prevents the con- version of i~ntal units in mulfi-f~mily housing developments from convert- ing to condor~ininm~ Condomini~xm conversions sze not allowed ffthe nm~al vacancy r~te in Cupe~dno is less thsn 5% at the time of the application foz conversion and lass avex%ot~t 5% over the past six months. The City will continue to implement this O~;,~ce in ruder to preserve the zental hous- ing stocl~ Time Frame: 2001-2006 Responsible Patty: City of Cupertino, Planning Depsztment Quantified Objective: Ho Convezsions · 24. Rental Housing Preservat'~n Program The City's existing multi-family zenml ..its provide hot~ing oppmiunities £o~ households of vszied income levels. The City will develop and adopt a pzo- gzam that includes the following guidelines: 68 CHAPTER 8: HOUSING PROGRAM STRATEGY When a proposed development or redevelopment of a site would csuse a loss of multi-family rental housing, the City win grant appwv~ only if at least two of the following three citcumstmces exist: · The project will pzoduce at least a 100% increase in the num- be~ of,ni~ cut'z~dy on the site and will comply with the City's BMR Pwg~ng md/or · The number of rental unit~ to be pwvided on the sim i~ at least equal to the number of e~isfing ~ental nnit~, md/or · No less th*n 20% of the units will comply with the City's BMR Pmgram. Further, the p~eservation pwgtam will include a ~l~ent for a t~nt ~location plan with pwvisions for ~r. loc~tion of tenant~ on site as much Time Frame: 2002-2003 Dedgn and P~ogram 2002-2005 Implement Pwgr~n Re~pen~ible P~ City of Cupertino, ph..i~g Del~ent · 2~ Conservc~on and Maintenance of Affordable Housing Develop a pro~m to encourage the m~intenance md rchabilitafion of ~--~lential structures to preserve the older, mote affo~lsble housing stock. Time Frame: 2003-2004 Design Program 2004-2006 Implement pwgrnm Responsible 13~ty: City of Cupertino, pi.fining Depn~ment · 2& Neighborfxxxt and Cornmurdy Cleanup Ca. ~p 'dm" Continue to encourage and sponsor neighborhood and community clean · up mmpaigos for both public and p~vate properties. Time Frame: 2001-2006 Responsible Pater: C~ty of Cupertino, ph..i~ Dep~tme~t PoEcy 3-10: Encourage ene~ conse~alion in all exldJng and new ~e-~d~allul developmenf. Zmp/e~n~doa Ptogtm~s: · 27. Energy Conservation Opporlunities The City will continue to enforce Title 24 requirements for energy conser- vation and will evaluate utilizing some of the other suggestions m identi- fied in Chapter 9 of this doo,~ent. Time Frame: 2001-2006 Responsible Party: City of Cupertino, pi~,,,i~g Dep~:-.ent [] 2& Fee Waivers or Reductions For Energy Conservation The City will evaluate the potential to waive or tecluce fees for eneqgy con- servstion improvements to reside~ti,1 units (eadsth~g o~ new). Time Frame: 2002-200~ Responsible Party: City of Cupertino, P~,--i,,g DeFarunem . &9 GOAL 41.: SUPPORT ORGANIZATIONS THAT PROVIDe SERVICES TO SPECIAL NEED HOUSEHOLOS Policy 3-11: The ~ will continue to support organizations that provide services to spec~l need households in the C~, such as homeless, eld- erly, disabled and dngle parent. /J~zplemeataa'on P~"ograms: · 29. Cuper~no Community Senfices (Homeless Services) Cupertino Commm~ity Ser~ces (CC.S) m.-%,es t=msi6on~] housing nd a,'l~i-~sters the "Cont~u-~ o£ Cate" sez~ces £or homeless. Lndu,'llng the rot~6.g sheiter pzogtam. I- order to ~eilitate an7 ~tute emerge~c7 shelter needs, the Ot7 ~ :evise the Zoning O:clin=ce to ~11ow p~-~.~e~t emer- ge~c7 shelter ~eifiries in "BQ" qt=si-p=bllc zones and w~ pzomote and e=cou_,'age the location o£ ponrameat sheJters in BQ zones. ~=ndb~ So=ce: Cotmt7 of S~mta ~ Utb~m Cotmt7 ~tmds aad £ede~ Time Frame: 200!-2002 :Rc.~ise Zoa~g C)tain~nce to ~ow pezmane~t eme-~gency sheltem ~ BQ zones 2001-2006 Continue to support services of CCS to asslst homeless households R~spous~le Pa~r: Cupe.~tiuo Community Sm'vices Q,,~ed Ob~ecdw: T~msitional Hou~-§ for !2-24 Households A~muMl¥ · 30. Project MATCH (Seniors) Project MATCH places se:do~s in housing smmgements with other persons interested, in sh~ed ho,,_~ing. Seniors may either be the homeowner who has ext~ bedroom apace to sharc with another or the person who rents bedroom t~-ora another householcL Project MATCH is funded with County of Santo ~ Urban County funds. F.-,ah,g Sram:e: Cotmty of S~mta Clmta Urban Cotmty Ftmds Time Ftmme: 2001-200~ Reapoaeible ~. P~oiect MATCH Qeantifiea Oblecfi~e: 5-10 Cu1~tfimo Home, olds Pla:ed A~mtutll¥ · $1. Catholic Sockd Sewice$ {Single P~rents} Catholic $o~'i~1 Set-~ccs provides helps to place single patemts in aha:ed housL~ sinmtions. The program is ftmded with Santa Clam Cotmty Urban Cotmty funds. Funaiflg Source: Cotmty of Santo Clara Utb~m Cotmty Fm~ds Tbme Frame: Reapoa~ible Pm't~: C~thoHc $o,qoi Semdces Quantified Objective: 5-10 Cupetlino Households pi,ced 70 · See Progrom # 19 in this Chopfer for the Home Access Progrom which provides occess}bi)ityimprovements. {Disobled Households) ' ' CHAPTER 8: HOUSING PROGRAM STRATEGY GOAL 5: ENSURE THAT ALL PERSONS HAVE EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Support programs and organizaliom ~at seek to eliminate housing discrimination. · 32. Santa Clara County Fair Housing Consorlium The Santa Clara County F~ir Hous/ng Conso~um indudes the Asian Law .~,lli~n. cem Mid-Peninsula Ci~ns for F~ Ho,,dn~ Project Sentinel md the Mental Health Advocates Progt~m. These nizafions provide ~esources for Cupertino ~esi- dents with tenant/landlord, rental mediation, ho,,~ing discrimination and fair hondng conc~ns. .~dmlnish-ative funding for these o~nizstions is p~Ally ctmttibuted by County o£Ss_nta CI~ Ur- Funding $otmm: County of Santa Clam Urban County Funds T/me Frame: 2001-2006 Respomible l~ty: Santa Ch~a County Fsk Housing Consortium 71 The ,map .on the fadn~ pq..cleillustrates the location and n.u..m,qer oT un~ e~. -mc~bcl 5y. Planni_ng Area to a.c. con~, .p!isn Tne g,oa~s of Fro, grams I and 2 on pages 6u ana ~1 of this aocumenT. . ..... " ' .~. ~ I -. ~ ~ Numbe~ c~d Tyl:)e cl Adivily Incn~ne Levd c~ House~dds Assisted NC~T~e c~ Prc~c~n ]~r~J.. 1,$78 utes L units by Planning District 2. Land Usc Designafi~s ~ $26 Units 182 Units 439 Units 3. ~xis*~-~ Inventory 25 Units 4. Second Unit Ordinance 159 Units !59 Units ~06 Units 7. Housing ~ifigation (BMR) Program 4b Unb 40 units 8. Affordable Housing Fund 5-10 9. Mortgage Credit Home- holds Ccrt~catcs 25 Units Rehl~imted 18. Housing Rehabilitation 15-25 Households Assisted 19. Home Access Pro, ram 15-25 Homeholds Assist~i 20. ~{?cathe~zat~on Program 100 Units 22. Preserve "At Risk" Units 60-120 29. Cupertino Community I-Io~holds Set"vices 25-50 30. Project MATCH Households 25-s0 31. Catholic Social Services Households 74 9. ENERGY CONSERVATION OPPORTUNITIES ENERGY CONSERVATION AND RESIDENTIAL DEVELOPMENT Enet~ conserva~on is achieved at both the local and inclivickud level D~,~,~ the planning and development process, there are many oppommities for local governments to support enet~ efficient models. Such p~oven methods include: · ~nsure effeclive enforcement o£ the State of C, lifot~lia Title 24 energy effdency st~d,~ds foe residentisl and noo-resiclentisl builclin~ The Building Depsiu. uent will pzovide gu~d=nce and assistance to applicants to msllce compliance as effective and efficient as possib~. Building Department representatives will attend annual Title 24 standards and enforcement training comes offer'ed through the Califomis Enet~ Commission, the Csliforni~ B,,ilding O~r4al* Institute, or other q~=li6ed progr~m~, The City sb~ll encourage buildin§ inspectors to esm s Cslifomis Codes Credential fx~n the Califor~b Building Offcisls Tr~inin~ Institut~ · Promote the constmctkm of housing ~hst exceeds m~nim~s~l stg. te Title 24 pezfor- m~nce standards by coozdin=tinoc~ with federal, state and utility incenlives, and techni- call assistance pzogr~m~, such ss Energy Stsz Homes (supported by EPA and DOE) and PG&.E Comfort Home~ The City ~ confider the feasibility of local incentives £or development that is more efficient ths~ the state energy st~md-vds, such ss subsi- dized permit fees or expedited permit pmcessin~ Adoption of s local ordinance t~Cl-lrlng new development to exceed state standards viii also be considere& · Pt~omote pt'ope~ solar site orientation through enf~ent of the Csli~omis Subdivision Map Act requirement that subdivision plans ptx~vide, to the extent sible, for future psssive oz natural heating and COOllno~ Ol:)l)O~n~ties. This includes the design o£ lot size and configurstion to permit north-south orientation o£ s resi- derice £o1: mis~imi~.ed e~sl- ~ west-fgcil~ window szea, to ms~nlize wiridow ~rea with southern exposure, to r~lre sdvantage of shade oz p~iling breezes, and to enance sufficient south-facing mol ares to sccommodltte passive and active solaz system~ · In future stzeet developmeng enco~r%oe nazzower stz~ets to reduce heat-absorb- ing p~twment stoa and increase the effectiveness of' shading fzom stzeet tx~e~ Pzo- jected ffc flow, po, ing requirements, safety, cost, and energy efficiency shd! be considerecL · Pzomote landscaping to cool neighborhoods and residences in the summe~ and reduce best loss in the winter~ Medium to b ,~me-canopied lzees located in roadside pbnting ~ at re~,b, interv~s ~ minimize the exposure of street asphalt to the 7S sun, reducing ambient neighborhood temperamtes 5-10 degrees through shading and evapotranspiration (water in leaves convert/nE into vapor, cooling the ~ir). Yard trees and shrubs placed to shade west- and east-facing windows of residences will ~duce sola~ heat gain from cl~ect summe~ sunlight. Use of deciduous trees to shade south- em window~ will allow sol~ ~cl~tion in the winter. · Encourage landscape design to minimize v~te~ use~ ciency, and conserve resources through proper i=~ation techniques, use of drought- tolerant native species, and ~educe use of organic fertilizers and pesticides. · Promote awazeness of light-colored surfacing on pavements and rooftops to ~-duce.heat abso~tion. New mato~iol_~ for shingled ~ooftops and paved roadv~ys a~e being developed that zeflect mo~e sunl~ht and last longer than standard applications. · Slzengthen the energy perform~rtce of existing hot,*in§- The City will considex sdoptln~ a residential energy conservation ortlin~n~ rec?irlng residential units to meet mi~im~m energy efficiency requirements at the time of ~e-sale or m~jo~ ~enova- · Encourage pool covers and sobx pool heating systorn~ it~ phce of conventional methods for pools in public and pii~te facilities, multi-family developments, and single-fiunily p~openie~ · Encoui'age inst~lhtion of sola~ energy systems, such as rooftop solar photovol- taic systems, and othe~ ~enewable, msom-ces, Co-promote the C~lit~ol~i~ Energy Com- mission Rmeqging ]/~newables Buydown Pmgnun to help finance (or ~educe) initial systom cost. 76 10.CONSISTENCY WITH GENERAL PLAN At the dine that the Housing F_.lement was sdopted (2001), the Ho,~,ing Element was consis- tent with other Elements of the current Genet-al Plan. Howcver, at the s~me time that the Housing Element was being revised in 2001, the City was in the process of upcls~i~g the rest of the General Plan Elements. l~,ri~g the 2001-2002 General Plan Update ptx~cess, the City will review proposed ~-vhioos to all Elements of the General Plan to determine whether they s~e consistent with the 2001- 2006 Housing Element. The City will eIxsuze that sny sdopted revisions to the Cvenersl Plan d~ri~g the update process are cocci*tent with the 2001-2006 Housing Element. D,,~,~g the 2001-2006 period of the Housing Element, the City will also ensure that any further ~isions to the Ge~el~l Plan, Redevelopment Phn, Capital Improvement Pl~. md Zoning Orrli~nce are consistent with the adopted Housing Element. 77 78 11.PUBLICPARTICIPATION In 2000, s survey was commissioned by the City of Cupertino to determine the satisfaction CITY of residents with City efforts and service~ The survey vas conducted by Godbe Research ~d.*,- ~,~ in ~y ~X~O. S U R V E Y When ~-~idents were asked to name the two most important issues in Cupertino, s£~dehle housing {37°/0) and ttafiic (33%) vrere mentioned most often. The survey also asked resi- dents ff they would sul~ott high-density hon,l-g in ntis such as De Anzs and Stevens Creek Boulevards. Respondents werc almost equally divided between those who ssid they would "definitely" ot "Drobsbly" support the ides and those that would "definitely" o: '~robably" oppose this tlTe of density. Late: in the yest in October 2000, the Cupertino Community Congress was held arid tended by 140 eesidents and community lesder~ Housing was one of the top issues that vas identified as a challenge for the Cupertino commtmit~ In large and small discussion groups, C O MM U N I TY p~rticipants identified some of the areas in housing that need forther attention, spedfically, C O N G R E S S the housing situation was noted as presen~-g the following "challenges:" a. collaboration with other cities in the area, b. affordable housing for "spetq~l need" households, and c high-density housing viii pose other problems (transportation, infrastructure, etc.) In answer to the question, "What should be done ftrst?", residents identified the followin~ a. provide more affordable housing, [x give company stock to teachers, c. promote in-law d. City workshops to train people to tent out spaces, e. ereste attractive alternative housing £ot seniors. As the draft Housing Element ~eas developed in mid-2001, the City held several public ' v,,otkshops and study sessions as follows: PUBLIC J,,e ~ 2001 City Co,~i study ses.ion PA RTICI PATIO N july 9. 2001 Housing Cor--.i~e and l'~g Co-.~,i. siou D U R I N G Study Session 'HOUSING July 17, 2001 Commnnity Meet~ at Cupertino Senior Center .~.g.,t a?, ~01 vs...~.g co,-,~.sion Study Session E L E M E N T September 10, 2001 Planning Commission Stucly Session PREPARATION PROCESS In addition to the abov~ meetings/workshops, the draft Housing F_,lement document was awilable £ot s ~0 clay review period st City Hall, the City llbzluT, the Senior C_,ente~ and the Cupertino Community Center- Further, the dr~ Housing l~.lement v~s also accessible on- 79 line on the City's web site. APPENDIX Appendix materials include: Page 81 Reference Materials Page 82 Organizations and Inventory of Affordable Housing Service Agencies Page 83 Sumi~ary of Affordable Housing Fund REFERENCE t'&ATERIALS RESOURCES UsED IN DEV~,OPMEm or 2001-2006 HOUSING ELEMENT: Are~ Agencies on Aging (Alameda County, Contra Costa Cotmty, Santa Clllra CourRy, San l~teo County'md San Francisco County), "Coming of Age in'the Bsy Area," 1999 Cdifo~i~ Budget Project, '~-k-~l Ouc California's Affordable Housing Ca/sis", May 2000 County of Santa Cl~ra, Ho~_t~ing and Community Development Prognun, "Consolidated Plan, 2000-2005" March 2001 County of Santa Clm'a, Housing and Community Development Progeam, "Consolidated Annual Performance and Evaluation Report," September 28, 2000 Honking Csli~or~i% '"l"he Long Wsit: A C_~ticsl Shortage of Ho,,,~i~g in Calif°mis'' Apdl 2OO0 State of Californi% Depaihuent o£ Housing and Go~munity Development "Raising the Roofi C~li60mia Housing Development Projections and Constraints" May 2000 www. hcd.ca.e0v/Iu~d/hre/rtr State of C~liforni% Dep~iment of Housing and Commvnity Development '~rhe State of Cslifomia's Housing Markets 1990-97" Janua_~y 1999 www. hed.ca.govlllpdlhrc/plslllshp ORGANIZAllON$ AND WEB SITE ADDRESSES; ~,.~ mort ~f BayArea Goveorne~ (ABAG) www. cuperti=o.or~ Stale c~Caffomla, Dc-i~ r,~d of Houdng and Commurdy Dove. loper ~ d m.llld.¢l.lllV StcdeofColomk], C,~nc~d ofReh "~dllon www. dor. ca. vov State ofO, -_:,d-, Employment Development ~,~ d 81 INVENTORY OF HOUSING SERVICE AGENCIES (Information current as of Summer, 2001 ) Non-Profit Organization Contact Person Phone Asian Law Alliance Richard Kanda 287-9720 BRZI:~E Housing Carol ~alant~ 415-989-1111 Catholic Charities Dan Wu 282-1130 Cupertino Community Sorvices Haclyn Fabre 255-8033 Community Developers 279-7676 Community Solutions Paula ~an 779-2113 Community Technology Alliance Ray Allan 437-8800 Econo~llc and Social Opportunities Paul Tatsul~ 971-0888 Emergency Housing Consortium Barry del guono 686-1~00 x22 XflllviSJOn Christine Burroughs 292-4286 Man~J HeaJth Advocacy Project ICyro KazantJs 294-9730 Mid-Peninsula Citizens for lair Housing Zfe Asantewa 650-327-1718 Mid-Peninsula Housing Development 650-299-8000 Project Match Bob Campbell 287-7121 Project Sentinel Ann Ma~lUart 650-321-6291 ~ Heart Community Service B4rbara Zahno~ 278-2181 St. Hoseph's Family Center Merge Alba~gh 842-6662 St. Vincent De Paul Society Steve Pehanich 298-7290 Silicon Valley Xndapendent Living Center Cheryl Cairns 985-1243 ~oclel Advocates for Youth BUa Lapez 253-3540 ~uppart Network for Battered Women lisa .qtrlcklafld 650-g~lO-7850 Unity Care ~roap Andre Chapman 281-4268 Watch Mary Rose DeJgadillo 271-9422 82 AFFORDABLE HOUSING FUND SUMMARY (Figures Accurate as of Summer, 2001) 1993 $3(X),000 (estimated) 1994 $200,000 (estimated 1995 $200,000 (estimated) 1996 $ 33,702 1997 $327,613 1998 $775,069 1999 $ 56,113 2000 $204,805 2001 $297.91~ TOTAL $2,395,214 $ 98,370 Pac'~cAuflsmCenterforEducation (PACE) Housing $315,500 Community Housing Developers for Beardon Pu~x~se · $417,000 Commun'~y Housing Developers forStevens CreelcVillage $103,625 Cuperlino CommunitySewices for Greenwood T[ansilional $ 52,398 Cuperlino CommunitySe~ices forNfordable Placement $1.282.810 CuperlJno Cornmun'~y Services for Hec~t of CuperlJno Dev~t (Committed/Not Yet Expended as of Summer, 2001) $2,269,703 TOTAL EXHIBIT D HOUSING ELEMENT 2001-2006 MITIGATED NEGATIVE DECLARATION "~..~ ~.z ~ g.~' Urban Pltmnmg & Dezlgn · ' ' ' ? . Envt~omn~tal~nalys~" * .T~m~l~ortoftla~. '.Planning TA1/LE OF CONTENTS Mlt~t~l Nesath, e Dedm. ation L Oenu'al lnFor~__'on ................................... ~ ................. · .................... ~ ............................................. 48 L I~mmsgo~ So~'ces ~l Pe~o~s ~ ............................................................................................. 53 u ~ ........................................................................... ~ ............................................................. ~s LIST OF FIGURES STUDY Initial Study and F/ndings This ~ ~tudy has bern prqm'od Immm~ to ~tion 15063 of'll~ C~'omis l~,lra~_~ Otutlity A~I (CEQA) State Guide_ ' _1~__ the Initial ~,~ ~lu~d ~ ~ ~ ~t mi its Y~. i~ ~ I~a ~,,ed tl~ a't~fttisa~d N~-sativ~ De.-J~'~ion" will b~ prepami f~r th~ project pursuant to Sec~iom 1~063,15070 and 15071 oftl~ St~t~ CICA Otld~lh~. I. INITIAL STUDY .Environmental Cheek List A. GENERAL INFORMATION: 2. Lead ttSmL3r name find mldreff: 10300 Torm Avm~ cupe~., c~ 9so~4 Contact person and phone number:. (4os) 777-~3os · S. lProjeetSpomor'sanmendtddras: Smno u 8bow N/A 3 City of ~, as r~quir~ by Artich 10.6 of'~ Codo ~tio~ 65302(o). '~o Housin~ N~aont oanst~u~ oho aFtho State htw rmiuir~s ~h~t ti~ N_ous~ ttunm b~ ulxlated eq~ry five 9. Surrounding land u~ and sc-~ag: Other public agenties whon approval h required: l:)q~tment ofHotuin8 ~,fl Co,,,~]~ity Do,~lop~0~t, State of C~ii~:nnla. 4 ': ................ REGIONA~L MAP ~G I~SOUaCE AS .SOCIATES ~G CONSULTANTS NTS LOS ALTOS, C~.rI~RN~ ' FIGURE I N PLANNING RESOURCE ASSOCIATES LOCATION MAP ~G CONSULTANTS NTS LOS ALTOS,-C~t,II~ORNIA FIGURE 2 ENVIRON'M~NT,AL FACTORS POTENTIALLY AFFECTED: [] Hazards & I4*-_~,'dous ~ [] Hydrology / Water Quality [~ ~ ~,,,d Use / P~.~-~ [] Public Services [] Recreation [] Tpoeu.~n~afio~l / Traf~ ENVIRON'MF~NTAI. IMPACTS: 91SCUSSlON OF ISSI~S: the visual dmracta' of tim mnroundi~ areu is melmi'~ CONCLUSION: 9 L AF. STHETI~. (Cont'd) MITIGATION MEASURES: · Light source o~]~.tores used ~or eaerior ~ightin8 sbll not be ramble'ofF, site. oF~on, as an optiond m _f~t~d m me in asmmin8 a) Convm Prime Fermis. Unique Fmmland) or Fatmhnd of b) Conflict with existhl8 zonJ~ for asric~ use, or a due to to fl~/r location o~ n8/1~ ~ ~ h (x~.a'sion ofFm'mlnd, m noo-qri~ use? DISCUSSION OF ISSUES: b) N(~eoF'~hOpmpert~~uapotential~~*-~iszonodh'n8ricultflime. Landsiwesaitlytmder~ h conversion of~mhnds to non4picultu~ use. CONCLUSION: Hous~ Inanm. MITIGATION MEASURES: 11 HI. Am QUALITY. applic~d)i~ ah- qual~y phn? [] [] [] [] 1, 2, :3 b) V~obt~ m~y air quslity standm'd o~ conu'ibu~e subsh,~bd[y c) l~emlt in a cmmdativdy ~1~ net iflc~eue of shy e) Cresteobjeotionableodorsafli~fl..oasubstnnfialmJmbet . [] [] [] [] 2,3,10 12 m_ AI~ QU.~.~'. (~ont'd) d) S~iv~ ~ located near tl~ ~on sit~ may b~ en~os~l to ine~as~ pollux-+- d-~n~ ~ ~ p~-~ ~ CONCLUSION: There nmy some desrsdmlon of the sir quality as 8 result oftbe construction ~ ~ t~'i,,,pt ...... ~6on ofthe Housing MITIGATION ME4SURES: Irfipte emmuction sites as ne~m~ to redu~ the de~_~_ _*~)n of the ambient air quality within the ~ m 13 DISCUSSION OF ISSUES: b) In ~merak conga*uc~m would occur when tim ~ m ot't]~ C~y, but them will be m i~o~ ~ ~ 14 ~IOLOGICAL ~OURC~ CONCLUSION: MITIGATION DISCUSSION OF ~SSUES: *__J~__ they did not quali~' as historical resourc~ as de~med in Section 15064.5 ortho CEQA, State Ouidelh~. CONCLUSION: M1TIGAT/ON MEA~YR~: be ctUed to the site to make a determination as to the val~ of tho 4;ndin.~_ 17 VI GEOLOGY and SOil.q, ~ ~a~~~ ud~ b) ~~~~~t~ ~ ' D '. ~ ~ 1,~ 14 o) ~l~aa~~~~ d) ~~~~ ~d~bT~ I~I-B DISCUSSION OF ISSUES~ a) The San Fnmcbco B~ A~m lies v4~:. one of the most seismlcelly mire resiom ortho w,ld, a ~ ~n ~ ~ Faulk the Cohtvems Fault and the San Gregofio F_m_dt: Th~ C~ty of Cupertino h located Jn th~ south tO'rinds, where Tho hn fi2othih ~'tbe Cites phnnin~ aret The Sm .~,,,~as and ~m Sarsen~ Bermcal Fmdts ere 1 _c~_~ in the m~,'d-;-, ~'~ ~e ~ 18 ~[ GF_,OLOGY and SOILS. (Co~t'd) ionted ~p~(~tl~, 6 relies west oFthe San Andreas Fautt; the Hayward Fault located app~;,~-d~,' I$ miles east of City of Cupertino and the CaJaveruFmdt located it, p~ofdn-*,]y 5 miles east of'the Hayward Fault. Gh, ea tho C~ity*s locatlon, ~e probebi~ ex~ tt~ ell coneUuction oa~rr~ u a result of'the i~pl~,~,.,~ ~the t'it~s wnmime drains the econmn~ l~e of'the structures that may be bm'It dmtn8 the efFe,:~ve per~ ofthe City*s p..oush~ ~ 2001-2206. The Alqubt-Pfiolo Act defism~ those sram w~o mm quart~ (1/4) of*it ~ oran active ~,~ as Special Sttm¥ MITIGATION MEASURF, S: 19 VIL K~ZARDS and BAZARDOUS MATERIALS. Imp~ a) b) ~sa~~to~~~ ~~ · ~ ~ ~ ~ 1,2, Z, 14 ofs~ ~.~~~? ~ ~ ~ ~ 1.2.3, 14 DISCU~,~qION OF ISSUES: a) Th~ pmpond ~uichn~d usu will nat r~iuim routin t~ ~.L.~'~rt of h--~clom mamhlt 20 65962.5. CONCLUSION: MITIGATION MEASURES: 21 VIL HYDROLOGY and WATER QU.~Lrl'y. Potm~//y a) V'mhte any wstor quality tundra-ds or waste discinu~ b) Substmh~ deplete 8ro,,,~tter supt,_--_ or ~ would be a net ddicit in aquifer rob,ma- O~ fL low~ d) Substantiany alter the e~,d~_ dpt-.? pattern oFtho flits Of area,/nt,.Indiflg throtlSh tho a.Jteflttion of the course of' of 8 flream m' l-iVel-, or ~l~_ nflHnlly increase the film o~ h) Ple_,~ witMh 8, l O0-y~r flood he'm'd ar~, struciuru8 wMch i) E~,se people or stnm'mres to a silp~fflcant risk of los~ injury or death involving flooah~ hcludi~ flooai~ as a result of ahflt~ ~fa~ ~ dm? [] ~ [] [] 1,2,3 22 Vll. HYDROLOGY and WATtR QU,t~.rFY. (Coned) D~'N?SSION OF I~SUF~S: 8) Potm~dp~oJ~swilln~tb~le~--~-w~nth~ lO0-~arfloodhzardar~as. CONCLUSION: MITIGATION M~ASUR~: DISCUSSION OF ISSUES: HOUSING UNIT MIX Units AR~dnbl~ to Very Low lncom~ 3~8 Units Units Aflbrdal~ to Low Tneon~: 188 Units Units Afl~dai~ to Modem2 Inoonm: 626 Units Un~tnAfl~rdabktoAbowModent2Income: 1,13~ U~ 1. HOUSING UNITS BY FLANNING DISTRICTS Objective: He~t of the City Pimming Distfi~ 433 Units Nouh D~An~ Phnn~ Dimict 150 Un~s Bubb p~,~m~ DisUict 1S0 Unim I-Xom~te~0 Plannin8 District 6O5 Units TOTAL: 1,378 Units 24 LAND USE and PLANNING. (Cont'd) 2. LAND USE DESIGN&TIONS dmsity kvd~ of at {mst 20.3.~- units p~ acrt 3. EXISTING INVI2FIDRY OF R~SIDF2~I~L I~ARCELS 439 U~ 182 U~ ~ lJ-~ U~ ~ t ~30 U~ ~: ~7 U~ IX. LAN~ IIS~ ~.! I'I,ANNING. (Co~t'd) CONCLUSION-' 26 ~) Itesuit in ti~ ion of tva~hii~ ora imown mi _m~l resotm~ b) lteadt in tim Ion ~~ or a local-imping__ nt m~ral b) T~H, idenl~t~xt ~ addJlionnl i~n~ devdopmeot I~v~ been _,~. '_onn+~ ~)r tn'l~ln t~pe use~ in th~ T ~d Un ~. CONCLUSION: agencies? [] [] [] [] '~,2 t) For a pmjec~ w~thln the victnity ~a private airstrip, would CONCLUSION: DI~"U~ION OF IBSUF,8: the Jncflnme in newly constnt~._._,~4_ htm.i%o tmits d.a-'m~theperlod fl*om January 19~9 and Jmmary2000. The Table below 30 XIL POPULATION nd HOUSING. (Cont*d) CONCLUSION: Potential :-¥.ects, e.s., deamnd ~r ~ school fltcilMes may result framflie comuuction ofnew housing units. However, 32 yin_ ~ SERVIC~q, (Co~t*d) District tn 1~, rev~l_--ed*k~ the increase in school en~ollment is as a remit of'a"tmnmdmm in-miBratioa ~~ ~' be/a.l~he 1993 Genrad Pin. Af~_to l~eZ-~11a~Unlt_t by TAZ msp 1,366 unim couldbe developed ~mr~_pr the 1993 General P~ mi 1,470 8ddMomd unb tht could be devdoped boyoud tho 1~3 Gerund 1)hn horJzo., for stotd of 2,836 units. Based on the dimibufion pmMm ofthe unit~ m ~ wss made tl~__ 2,476 nndtipl~tmily unlts mi 360 ~q~lo-flm~ -~ ~u.flytmitsit wumimatedtlm~m 124to421 .tudem cmddbe .ddedto,tbe studempop-b*;,~ U.;-_*themlo of O.]4med (See l~tio~ Section) · CONCLUSION: 33 DISCUSSION OF ISSUES: Th~ inarea~ in population will mak~ greater dpmnndq on th~ ~.' ire'ks and recreational facilities. Cupe:'fino, however, is dav~op rm~r~ational/h~illtiu to be used by nearby resiclen~ nal.~hhmhoods w~thl, these parklnnds In addition, Cupertino has im.n~'t on th~ existi~ parks se~ice~__. The proj~:t~d ~ in tho population pm,l+;%~ from tim imi,le,~ation of~-~ Housi~ Element's ~ poli~ies and pro~amsis 6,394 persons (__tie; Pop,_,l~oa and Ho,_~;ng section on pa~ 29). At :h~ ratio of three CONCLUSION: puroha~ ofav-i]-~,~e lands for rm, eational purposes and should also work with tl~ County to d~velop recre_~onal fa~illties that MITIGATION I~ASURES: · Continue to require in. lleu park fees u required b~r the Cit~ and incn-ea~ flxmn u ~. · hqui~ indiv~duailx~j~'ts to p~ovlde on-site ~onal oppommi~ as appropzhtt · Th~ Ci~ should aoquir~ additional park, recrmlonal and open spa~e 1~_~4.. as th~ become availablt 34 0 l~..esult in chn8~ in ak u'sfllo peuam, inch~dins emu' n incomm i,~ tr~t~ lc,-~]s or a cho~ in location tht results Jn ~ ~,~7 r~ [] [] [] [] ~,3, 12, 1~ d) Subs~,~i-,y incwesse hsnrds ~;_-. ~o a desisn (e.S.. Sh~ curvu or ,h%omms intm~) c~ ~o,,~ble uses 0.,., t~n ~l? [] [] [] [] 1,~, ~2, 16 bk~ie r~.b>? [] I-'1 [] [] 1,2, 12, 16 Setfln8 - ~vrmfln8'Frifflc Con,~i~qn- (LOS) rnsjns flora a 1~ smde ot'A m a 8rade ot'F. A~ LOS A n inUneatlo~ experiences ~ or no consemiOo, while L.OS E Tabb XV-! 35 (CIMA) on an a~l,lal basis. In Sa~la(J~~e V~II~ Trm~ort~on,&.thm~ OtTA)is tbl~ CMAtI~ msnages the cons~on ~,,~-~t Pmsmm Tn -~d~O~ the Ct, lpmlJno C-el:21el'a] P]afl requJ.'ea afl anml~l r,~v~ew of'~ level ot'lg(~vJce. TI~ General Phn pedormance ~d',-,,4,..d ~c~' inte~.,~--/.-oGs is LOS D exsept for the imm,secdons of De ~.~,_ Boulevanl ~ S~ ~ ~ ~ ~ Bollln~ Rond where t~ Pbm reqizb~ ~ ~S g.+ be mnbltzlJned. The CMP servlce Malldard for inte~:ti _op~ Js LOS 1~. Theilgersectton LOS lZlx~rt to the~ Commlssion for the Ye~'2000 is shownln Table XV-2. Th~ r~x~ i~_-_h2d_,~_ all 15 nn,hT~J~. M21 Jntmsecfiamsmdiedlntht. rqx~meettbeC-~lPlsn~mdCMPLC)Sperfi~m~~~2000. Table XV-2 Level ar Service (LOS) ~ ~ Y~ D ~.6 C ~4 I-~ H~ Rsm~ . Y~ C 18.1 C 21.3 I-~ ~ ~s~ Y~ C ~1.3 C 19.6 ~ ~ ~ Y~ ~ ~,4 ~ 17.6 ~~ Ho B 1~.3 C 21.0 Bo~ Ym C 19.8 C+ 1f.8 S~ N~~ Y~ C+ 16.0 ' C+ 16.8 ~ ~ ~ ~-~s Y~ C+ 16.4 C 17.0 ~ ~ Ym B 10.7 .B+ 7.0 ~~ Y~ C 19.3 ~ ~.8 ~- :~ No ~ 25.3 ~ 25.8 , ~~B~ Y~ C- ~.7 C 21.7 ~ ~ No C ~.6 C- ~.3 ~ ~ No B 11.8 B 10.2 W~e ~ - ~ A~ ~: ~ ~ No C ~.9 ~ ~.2 1-280 N~~ Y. A 4.1 A 4.8 1-280 ~ ~ Y. B 8.8 A 4.2 ~ ~ ~ Y. C 21.8 C 17.3 ~~ No C 21.1 D ~.4 ~ 8~ ~ ~ Ym B- 14.2 ~ 14.7 ~85N~ma~ Ym C ~.2 ~ 14.1 N~: 1-~~~ a) W~d~ ~ ~ m ~ ~ ~~ ~ ~ ~ ~-~to~ ~~ ~ ~ ~ S~ Project DevO_opment and Trip Generation D~v~onment ~ 2001 2006 ~.00l to 2006 Growth Employmmt 4S,033 48,108 3,075 6.~% Daily Trip C-~ae~tioa ~8%000 310,400 22,400 7.S% In addition to added housing R b projected that zmploymmt w~l grow by 6.8% tlm~gh ~.. TI~ means that 3,075 jobs would be added to t~e ex~tin~ on~oymont lovei of4~,033 job~ A deta~ed, listin8 of'employmont by ~our job catesorie~ and locked to 18 tntftlo zones is nv~lnNo at tho ~ C.c~mmity Development Depnmn~nt. Program (hereaRer re~m~ to as tho C:MP modal) ts de6ved in larSe part fl-om M~.~opoHtan TnmspomU~on ~on ~C) TI~ City ~~ is ~ned 1~ of'the C~dP model's 3~ tra~o zone~'wit~n $,,,,t~ Clara County. Addltlo~,y. the (~ of'Alam~la nn,4 Couha Costa co, maes), the p~,a,,,na, C-~mmty (oompri~d ofSnn ]Fp-~,~i~co ,,,~,4 San Mateo countim), tl~ Santa Cruz Grim, way (compdml ottour zones in Ssnut Cruz Co~, Boulder Creek, Scolis Yslley, Santo Cruz md Wstsonvi~) and th~ Southern Gateway (co,.p,-'aed ofSsn Benito and Momer~ co, maes nad th~ Central Valley). The CMP model uses MTC equations (BAYCAST-90) to generate ~¥ productions and am'actions for all trip ~'~ ~ "peak-spresd~" prom~ which systematically reduces tl~ peak hour travel denmnd v. cross roadway ~,,t~ where the ass~cmmt proc~pro~-,'~ avoh, r~-~ratioinem~s ofl.15 f~or fi-~vays m:l l.lO~or esprmsway~ Thisp~lure l~,,v~l. l~ect~ th~ bY 2006 about 22,400 dm~Y t~l~ wi'Ii I:m n~d--~J-to the ~'i~in_-dnJly 288,~ ~ ~ ~ ~ ~o. Yem' tools to ass~t'in th~ projection offlttum unfli¢ flows on local street~ s~-~n~i.., three _~_ _~_-west and ~ notth-mutl~ were selu~d f~r eva~,~m in Cupe~no. A .~.,;....~ry of tim result oftl~ scrr~l~-- analy~a is shown in Table XV-4. amoral stn~. /A~ttm model is able to reprodu~ total screesdinevolumeswjthin 10%to 15% oftnd~ ~ts it ia ~nsidered to be ovm~m.+~ trnntq flows. The u~ of a plnm~n_~ tool that reads to ~ traglia is e~i~ent with the CEQA requirement to ~vplAn~__onofthtC~PMod~llnL"s~ttlno. Asin~4gt~abov~ tl~CMPmode~iatooeoarseaplnnnln_otooltobedireetlyused ~r.a_-_ from LOS C to LOS D or ~+ a~ seven intm~ections~ ~ LOS B- to I.O$ C or C+ ~ ~ ~~ ~ ~ ~8 A m LOS B at oneint~oa. At an other inte~ the i .-~ ~tlm project would not cimnse LOS l_~t__~_ Brade. the project would have a !__~__ ti.. ~i~*.i~,~.t ~5~tet o~ all M'tlm :21 inter..oas studied. 39 Tr~c Model Model Traf~ Model Modd v~ S~n_ I;ne Counts Estlm~t~ Count Counts ~. Co, mt SO~i, of R'ome~t~d Road St~g~o Pu:~d 1,630 793 49% 1,697 978 58% De An:~ Boulevard 4,592 5,543 121% 4,534 5,850 129% Wolfe Road 2,699 3,856 143% 3,543 4,392 124% Ser~mllne Tot~ 8,921 10,192 114% 9,774 11,220 115% North of Stevess Creek Boulevard St--Iff-E Road 1,716 1,127 66% 1,607 1,223 76% De 3ta~ Bouk, vard 3,394 3,974 117% 3,716 4,713 127% ~lant~y Avmue 765 383 50% 852 564 66% Wol~ Ito~d 1,647 2,383 145% 1,865 2,473 133% Sere~llne Totak 7,522 7,867 I05% 0,040 8,973 112% South of McO,al~- /North of Bolinger Stalling Road 1,107 916 83% 1,229 838 68% De An?J Boulevard 4,006 4,342 108% 4,794 6,103' 127% Miller Awm~e 1,465 1,785 122% 1,642 1,474 90% S~reenline Tot~l~ 6,578 7,043 107% ' 7,665 8,415 110% West of StUns ~ I-l'~m~md l~omi 1,549 2,100 136% 1,561 2,839 182% Storms ~ ~ 2,099 3,828 182% 2,605 3,740 144% McClellan Road 1,466 122 8°,4 1,44,5 447 31% lt~i~how Drive 880 738 84% 1,089 766 70% Scr~ml~e Totals 5,994 6,788 113% 6,700 7,792 116% Hamest,~J,4 Road 1,889 2,144 113% 2,219 2,643 119°,4 1-280 Nollhbound Ramps 895 1,464 164% 1,064 1,448 136% 1-280 Southbound ]tAm~s. 1,541 1,277 83% 1,163 1,367 118% ~ Creek Boulevard 2,210 3,522 159°,4 2,870 3,946 137% McC~I~ Road 979 947 97% 1,337 1,162 87% Boifin_o~ Road 383 312 81% 435 332 76% SR. 85 No~hbound Ramps 595 ·832 140% 571 785 137% Sit. 85 So~_~thhound Ramps 564 802 142% 613 950 155% lt~inhow Drive 533 769 144% 638' 732 115% Prospect ltomi 815 131 16% 1,176 135 11% Scr~-n#ne Totak 10,404 12,200 117% 12,086 13,S00 112% West of Wolfe ltamd/Mi~w Avmue Homestead Romi 1,995 2,749 138% 2,411 3,257 135% 1-280 Northbound 1~ 395 462 117% 1,037 472 46% I=280 So~rthho~md ]~.r.~-.~ 1,2~5 537 41% 628 399 64% StevensCrmkBoulcvard 2,120 3,565 · 168% 2,237 3,515 15794 Ba~h~Eer Road 1,474 1,243 84% 2,129 1,616 76% Scrmfline ~omb 7,279 8,556 118% 8,442 9,259 110% Tabl~ XV-$ Project hip=et on InL.,.it.~fton Levd of Servlee (LOS) Mottling Peak Hour Afla-nooa Peak Hour ~ Road D 28.6 . D 36.7 C 22.4 D 36.3 1-280 Nollhbound It nm~. C 18.1 C 18.7 C 21.3 D+ 27.4 1-280 Southland Ramps C 21.3 C 17.7 C 19.6 D 31.0 St~ms Creek Boulemd C- 23.4 C- 24.0 D+ 27.6 D 32.0 M~Cldlsa Road B 12.3 13- 13.6 C 21.0 C 21.9 Bol~ ltoad C 19.8 C- 23.$ C+ 15.8 C 17.6 SR 85 NoflldxMmd Ramps C+ 16.0 C 19.8 C+ 16.8 C 22.5 Sl~ 85 Southb~md Ramps C+ 16.4 C 20.5 C 17.0 C- 24.0 l~f~how Drive B 10.7 B 11.3 B+ 7.0 B 7.8 Pmswct ~ C 19.3 C 20.7 C- 24.8 D+ 25.5 S*,4u,,g Braid wl~: Stems Cr~c Boul~ C- 23.7 C- 24.1 C 21.7 D~ 25,8 McCId~ RoM C 22.6 D~ 27.2 C- 24.3 D 36.1 Rsinbow ~ B 11.8 B 12.7 B 10.2 B 10.7 Wolfe Road - Mm~. Avmue with: Hom~ Road C 22.9 C- 24.2 C= 24.2 D 34.4 I=280 Northbotmd Ramps A 4.1 A 4.4 A 4.8. B 7.2 1-280 Southb~ lt~.~,~ B 8.8 B 9.1 A 4.2 A 4.5 Stev~m Cr~c Boulemd C 21.8 C 22.2 C, 17.3 C 17.6 Bollng~r Itoad C 21.1 C 21.2 D 28.4 D 34.6 Slt 85 Southbound Ramps B= 14.2 ]3- 14.5 B- 14.7 C 19.2 S~ 85 No~d~bound ]t~.,~?~ C 20.2 C 21.0 B- 14.1 C+ 15.1 N_~t~_'~ 1- Av~g~ s~,~M ~in sm~eds p~ vd~icl~ 41 As shown tm Table XV-~, t~e additi_on of project trafltc would result in all CMP i~etw~__ '_ohs ~ ~ ~S D or ~. The Tablo XV-6 D~nMon of'l~'eeway Levd of' Service (LOS) ~.~ of S,~ce D~.~y (v~t,~ / m,~ ! ~) A <10.0 B I0.0 to 16.0 C 16.0 to 24.0 D ' 24.0 to 46.0 E 46.0 to ~.0 F >$5.0 Cmkfeib~. 1997. Tabb2. Freeway Opem~ As wss thc cne for intersection enely~ the CMP model is used m develop traffic growth fltctors ~r ~ freeways in Cup='t~o. The growth proj_,~__~ for fl~my tr~mc between the year 2000 end 2005 mode~ runs is applied to the mdF~c coun~ dsm ~or 2000 to project tremc under existi~ plus project condition~ Yeer 2000 fl~eway tnd~c cou~ data is fl'om flow t,,.,, where ~ sm, i~ levels in som~ segmenu ofthe fl~eway system ere ak~__ _ay at an ,-,, r~el~- _sb~e LOS F. Tim HOV lnne~ o~ SR 85 nnd 1-280 cunvem¥ operate nt J..OS. C o~ be~ter throu~ Culmrfino nad would not !~ ei~e~m~ ~ ~ the ~e~th in u.,~ projected by the model. Freeway operating condit4._om for two sections of f~-way are shown in Table X'v'-7. The t4ible ~3~ws the lanes available, the peek · TheMcfio~sc~'bothSR. S~ sndI-2S0ahownonTable~-7oper~LOSFfm',~,edflow~f~cnm'thsndwestbou~l~n~he The p~ec~ would not de~rade LOS in se~me~ where the ~ay ~ flow h~es operate a~ LOS D o~ b~. The ad.on of 42 ~¥~,~ / ~ I ~ (2ooo) 'l~ v.~,~ + St~ ~ ~ m I-~0 M~ V~ H~ N~ ~IHOV · ~3~ 116 P ~ 110 ~,th~ 3+IH~ ~7~ 14 B ~7~ 14 B ~n~ N~ 2+IHOV 1,~ 13 B 1,~0 13 B ~h~md 3+lH~ 4,~ 71 ~ 4,320 I-~ W~ 3+IHOV 4,650 62 ~ 4,720 63 ~ 3+IHOV ~ 39 D 6,~ 40 D ~P~ W~md 3+IHOV 5,760 32 D 5,850 32 D ~ 3+IHOV 4,5~ 7S P 4,5~ 75 c) W~d ~ ~j~ ~ a ~Se h ~ T~c ~ D~ ~o ~j~ ~ F~ ~ ~ F~? e) W~d ~ ~j~ ~ h t~ ~~ 43 Would the pmj~--t R~sult in ln-deq~. Parkin~ Capacity? Cupe~ino's parkin~ space requirements and/or the proposed l~t~S plan is not adequate in number or de~? to serve the Would ltm Project Conflict with A-dopl~d Policies Encouraging All~m~ve Tramportafion? rl~of$~g~: ~ Proj~-t would haw a si~nifican~ ~nvimnmemal impact if it were to co,~ct with adopted polici~ The policies of the Housh~ Element are oonsistent with the policie~ of the General Plan. The ~ Plan ~ polices to reduce dependence on the autmnobile and support ~temative.trnnsportation. The Project would have no adverse impact on DISCUSSION 01~ ~SSUES: 4~ d) Potable ~w~'~ ~_ con be p~ovided to the pmpoMd projects f~om the existisg ,~,~t~e~,~ CONCLUSION: iI. MITIGATION MEA~: · Aneu ~oje~ impnm on e0dslh~ sewer lines nucl requke devdol~n to hey thud · .nylons ~ nmmary. XVIL MANDATORY FINDING8 OF SIGNIFICANCE. Pom~a/~ 47 DETERM~ATION: Oil tho ~ o~thi~ ~ [] I flmi tlmt tim proposed project COULD NOT lave a ~ ~fl~ct on th~ ~aunmm~, and a NEGATIVE DECIARATION wm b~ pmp~ ~MITIGAT~D NF~GATIVE DECLARATION" will b~ F~ MITIGATED NEGATIVE DECLARATION 48 MITIGATED NEGATIVE DECLARATION L General ~'uformaffon: .2. Lead agency name and addrms: 10300 Tone Avenue Cupertino, CA 9~014 3, Cbutact person and phone number:. Ciddy Wcx~n, At~ (408) ~7-32o8 4. l'roject locmfon: the San Fmnchco Peninsuh wbhh ~e Coun~ o~ Sm~ CIm~ S, Project Sponsor's name and address:. Same as above · 7. Zonlns': N/A 49 9. Snrroundin[ land uses and se~ N/A Other public apmcies whose approval b required: t~a~n~nt o~nousins ,nd Co....~-,,~ SO IL Determination and Mitigation Measures: C. ~ Resources: · Condua si~specitic hvamt~ of e~istin~ biological resources. · Desi~ ~ contra ou~ oFtbe project · Should rely httlx~ ~ be ~ne~vefed du~ ~ ~ ~ ~ ~ _~_ _~_. afl can~nlction w~thin the F. H.vdrolo~ and Wah~r Quality: 51 (Miti~tion Memures (Cont'd) L l'opuhtion nd Houdng: · lhch cl~'ve3opment ~ in~Jde a truant dislocation and ho,_~i,~ rdc~on phn for any,S~Ic)cated per~. lC, Recreation'. · ' Continue to require in-lieu fbes n required by the C~ ,,~ incraue them u neceu~ · .bquire ~ proj~.s to pmyide on-sit~ ra~ltionl oppommi~ u ~. L. 'Utilities smd Service Systems: · Asseu projeot ~--m*~s on esistln~ sew~ lines ond require developers to help fund i?ro~ as zle~.ss~. $2 D. 13fi~ on the ~J81Stud~ thn-e b no eviden~ *h__m_ the i~e~q~.etion of'tho prolx)sed ~ ~ ~ ~ ~ adveue ~b,,m~s c~ people. MISCELLANEOUS 53 INFORMATIONAL SOURCES "nd PERSONS CONTACTED 8. Depmmeat ofPubl~c Work~ Tel.: (408) 777-3354 ~h ~, D~-=tor ofP~ wo~ ~. Cu~r~ s~ D~ct Td.: 008) ~3-7071. ~o. T~.: (~8) T~: (~) 867-~15 13. ~ 0~o~ ~ ~He ~ ~ ~) INFOBMATION~I. SOURCES and PERSONS CONTACTED (Cont'd) 14. PRA ~ with .q~ Proj~ 1~. City of Cupeflino ,~. ~,~.~.,~. ti~2m Ray Chon~ to Steve PimJe~ March 26, 2001 ~6. ~mof~raphioAaal~s prepsred ~ C,,_peflino~ ~l~c~ 1~ 55 PREPARERS planning rzsource associates Los Altos - Bal~ - CalJf-orn~. Channlon Wool~ Wc~, 1~o~-~ ~yn ~, Wora ~ro~ 2 POTHNTIAL IIVIPACT 1MlCl']GATION IIVIPLR]vIHNTATION IB4P~ATION OBSERVATIONS IVIEASURE RESPONSIBILITY VI~RIt~IC.4 TION AND ~ ~ ~ Si~natur~ Date '~Action taken, of further action fs~ needed~( 2. Air QuMity 2.1 2.1 There ma~ b~ some degradation of thc air Irrigate constmctio~ sites es nec~__~y to Project Sponsms/ quality as a result of thc constmc6on reduce th~ d~gradation of the ambient air Contmcu~. During associated with ~h~ implementation o£th~ quali~y within thc surroundinfg ar~as ofth~ conslmct~on pm'iod. l-Ious~g l~-]mne~t's C_~tls. Policies and project sites. m~asu~s wuuld rmJuc~ this potential impact Jd~er~jfy sm~tiw rcc~tors within lh~ im- m insignificant leve~, mediate ar~ of tim ~on si~s and Project Sponsors/ to c~i~i~ or redu~ potential ~.ject the start of construction genmat~i sir quality impacts, op~rations~ 3. Biological Resources 3.1 3.1 ' Implmmmtation of thc ~oal~ Policies and Conduct sit. specific inventories of City of Cupm~in~ Programs oftt~ Homing F_2emcnt should not existingbiological resourcc~ Project Sponsors. have any significent edvcr~ impacts on either Prior to th~ tort of Potential sit~ spirit impacts can be addrcs- Design potcntial conflicts out of thc prujcct Project Sponsor~ 3 POTENTIAL IMPACT t'vflTIOATION ~ATION I/vlP~ATION OBSEP,.VAT1ON3 lVIF_.ASURE RF_.aPON$1BILITY x/q:u~n~ICoATIOlq ~ ~ A~D ~ Si~namm Dale ~A~ioa ~ id~ific~t/on of furthm' action (s) n__~,~d,~l_ ) 4. Cultural Resources 4.1 4.1 Implementation ofti~ Goals, Policies and Should nny archaeological or paleontological Project Sponsors/ hav~ any ~ impm~ on known mdUnal opemiom at any ofth~ sites, all c~-tion lmmedimely upon the resou~es, i{hould any hitherto unlmown within the iuunedin~ area of tl~ findings discovery. cultund resoure~ be uncoveml during cam- shall _~__se imm~lia~ely and a qualifi~ arch- project~ites, mitigalio~ measures 4.1 and4.2 the sit~ lo make a determination as to the shall be implmnented, valu~ oftl~ findings. during constru~ion operalions at any ofth~ ~ sites, all ~onstn~ion within the inun~diate. {,,,mediately upon lhe m~a of the findings shall ~ease imn~sdiate, ly disc~v~y ~alled Io Ih~ site to idenlify the renmim. 4 POTENTIAL IMPACT MITIGATION ]MPI.I~ITATION IMPLEMi~qTATION OBSERVATIONS MEASURE RESPONSIBILITY V~.I~IFIC. ATION AND REMARK~ AND ~ 8iplature ~ ~Action token, identificafio~ of fuflher action (s) needed) $. Geology and Soils S.I S.I Given fl~c region's histmy regarding seismic Either a geologic invest~t~on o~ a soils Project Sponsors/ tructionresu~ngf~ot-~b~implemerdsllonof and Safcty Element ofthe C,-eneml Plan shall Prior~olhes~sfl Housing Element's Goals, Policies and be required prior to tl~ dcvelolxnent of nny of constm~oo. 6. Hydroio~' and Water Quali~ ?ot~l~ lxmsing ~ will no~ Ensu~ fl~ m~v ho~si~ d~v~l~ City of Cupe~dno. e~ m flooding from pote. nfi~l dam Plan. POTENTIAL IMPACT MITIGATION IMPL~ATION IMPLEM~RqTATION OBSRRYATION$ MEASURE I~$PON~IBILITY ~I~IFICATION AND ~ AND TIME $i~n~ure ~ (Ac~m t~k~n, idenfific~ion of further action (s~ noMed~ ?. Land Use and Planning ~..1 7.1 · ~re n~ lmmm~y ~ wi~ e~c,h other, it mul lh~ Homin~ Elenm~ into oonform- 8. Noise 8.1 8.1 · Them will be a short-term increa..=s~ in the All develop~:- shall comply with noise Project Sponsors, long-tmn nois~ inq~acts as s result of lh~ im- 9. Population and Housing 9.1 9.1 Potential impacts, e.8~, dmnand for additional Each development shall includ~ a tennnt Project Sponsors and school faciliti~ may result from th~ co~, ~-t- dislocation and housing xeiocafi~m plan for ~e City of Cupe~no. . di~onal housin~ will also haw a beneficial 6 POTENTIAL IMPACT MITIGATION IMPLEMENTA~ON IMPLEMENTATION OB3ERYATIONS MEASURE RESPONSIBILITY ~ ~ICATION AND REMARKS AND TiM~ Si~re Da~ (Av'tion take~ id~/fic~tion 9. Popuhtion and Housing (Cont'd) effect by providing ~ousing oppormnifi~ to persom~i. 10. Public Services 1o.1 1o.1 public services 8s n remit of~he implement=as required by ~ F/re Depeflment. ConlFactoFs 8nd afion of Gonis, Poli~ies and Pro, rams of the thc Fi~ Del~ttment Ho ._~g Element wifl~ tl~ ofiml~ f~m in~'ea~s in tl~ student Pmvi~ on-s~ se~it~ at rill pmj~. Project Sponson. prov/de m~/onal sw~.'_o~__ 10.3 11. Reereation 11.1 11.1 The in~n~m~d d~'numds will not s/?i~ndy Covtlm~ M ~qu/re/n-lieu fl~s as requin~l City of Cupertino. of avn/lable lands for re~"~/onal purposes 11.2 and should also work wi~h ~e C. oun~ Io Rc~ individunl proj _~?_ M provid~ City of Cupertino. imi~y of Com~ InnS. ? POTENTIAL IMPACT MITIGATION IIvlP~.~.k~=~ITATION IMP~ATION OB3ERVATION$ MEASURE RESPONSIBILITY VItRIFICaTION AND REMARKS AND TIME Signature' of fmli~er n~tionfs) nee~d) I1. Recreation ((~ont'd) -. 11.3 ~ Gity almuld mXlUire m~litional ~ Gity of b~come awil~le, 12. UtlliOes and ~ervlce Systems 12,1 12.1 lint the ~anitaxy Dislriot is, however, in tl~ pmoms of colret~n~ t~ prob~lns. ..-- , q..,l~ City Hall 10300 Torre Avenue CITY OF Cupertino, CA 95014~3255 CUPEI TINO (408)777-3354 ~AY (4n8) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 16 AGENDA DATE October 15,2001 SUBJECT AND ISSUE Union Pacific Railroad Trail Corridor - Feasibility Study Report BACKGROUND The Union Pacific Railroad (UPRR) Trail corridor is located along a segment of the UPRR Vasona Branch extending from the Los Gatos Creek Trail near Winchester Boulevard and Highway 85 in the Town of Los Gatns to Rancho San Antonio Park near Foothill Boulevard and Interstate 280. in the City of Cupertino. Portions of the trail also pass through the Cities of Saratoga and Campbell (see attachment' 1'). On March 5, 2001, the Council approved a Memorandum of Understanding between the Cities of Campbell and Saratoga, the Town of Los Gatos, the County of Santa Clara, and the Valley Transportation Authority (VTA). This MOU assigned Cupertino as the lead agency for the development of a feasibility study on the proposed UPRR Trail project. Also on March 5, 2001 the Council approved an agre=ment with ALTA Transportation Consulting to conduct the feasibility study for the proposed project. As part of the Feasibility Study, evaluations were to be made of all issues presented by this proposal including those raised at prior and subsequent community meetings held on June 7, 2001 in Cupertino and June 23, 2001 in Los Gatos. The consultants, working with staff and a UPRR Task Force composed of representatives of all six parties to the MOU pursued the project with the following general objectives and tasks: · Document existing conditions and research background on project history and related items, including the expected future UPRR trail users and their needs. Ptinl~ on Re~e~ Pa~Oer / ~ - / .Identify constraints to the trail implementation including construction challenges as well as engineering solutions and other relevant information. · Develop alternative alignments and design solutions where constraints may not be overcome and develop appropriate design standards to facilitate the design process. · Pwvide an analysis of the feasibility of implementing the Trail Proposal including issues related to cost and sources of funding, liability, safety, legal agreements, maintenance, cooperative agreements with UP, other necessary agreements, permitting and other items. The consultants have completed all phases of the feasibility study, and this report was presented to the Bicycle Pedestrian Advisory Committee at a special joint meeting with the UPRR Task Force on October 4, 2001. (See separate Report included with this Council agenda item). This report to the City Council provides recommendations based on the consultant's findings and staff analysis. The supplemental report on the BPAC meeting provides additional infouz~ation and recommendations from 'the BPAC following their review of the reports. Trail Alternatives, Designs and Development Alta Transportation Consulting has developed several alternatives for the design and development of the trail. One of the largest challenges is the continuity of the trail through narrow or restricted crossings. The design solutions provided by Alta present some choices for the Cities in the implementation of the trails. These include existing grade separated crossings at two wadways (Saratoga Avenue, Pollard Road), and eight creek waterways cwssings (Regnart, Calabazas, Rodeo, Saratoga, Wildcat, San Tomas Aquino, Smith and F.. Sm/th Creeks). There are also a number of at-grade crossings on city streets, both protected and unprotected. Alta has developed design alternatives to each of these locations and has provided a cost estimate for these facilities and the mainline trail development. Alta has also provided a series of design standards for pavement, fencing, and other installations for a "Rail with Trail" project. As there are no adopted standards for these types of facilities, Alta suggests that these design proposals represent a '%est practices" set of criteria for implementation rather than actual design standards. These are detailed in the attached copy of the consultants report. Alta has estimated that up to 300 persons per day (cyclists and pedestrians) may now be using the UPRR right-of-way (ROW) primarily for recreational walking or cycling. Any current use of this UPRR ROW is, of course, trespassing on the railroads property. This trespassing has largely gonc unnoticed or at least un-enforced by the UPRR. If the trail, as proposed, were to be completed, Alta estimates that upwards of 500-1000 persons per day would use the Wail for recreation and for commuting, primarily by bicycle. Staff has reviewed the study report and is generally satisfied that the solutions proposed for the trail impl=~.,entation, from a purely engineering and construction perspective is workable and, with some adjuslments represents practical and constructible approaches. · 'Design and Construction Cost The consultant has developed a cost estimate for trail imple~-~ientafion based on their recommended desi~c, ns that totals approximately $8.5 Million. Staff has reviewed the cost and believes it to be low. The design and construction management costs, assumed by the consultant to be approximately 10% does not take into account the difficulty of the various sites and the necessary railroad and utility coordination. A more realistic figure would be 25% of construction cost or $2.0 Million. There also may be unknown factors, particularly in the crossing design that could increase costs for construction. No attempt has been made at this point to evaluate unit costs in the detailed estimates, but the consultant represents that these are consistent with similar work now under coustmction elsewhere. For discussion purposes, staff recommends that a more appwpriate budget figure at this very preliminary stage should be $10 Million in current dollars. It should also be noted that these figures do not include any escalation for the future. Since, even if the RaiLroad agreed 100% (see below) to the proposal developed by Alta, and, provided all the necessary entry rights to begin immediately, there would be at least 3 years of escalation for construction which would increase the cost by at least 15% or approximately $1.25 Million at the time of construction. In summary an appropriate budget number based on Alta's estimate and the above factors, should be approximately $11.5 Million as follows: Alta Construction Estimate $7.5 Million Construction Contingency (10%) '. .75 Million Construction Escalation to 2004 1.25 Million Design/Constr. Mgmt 2.0 Million Total for Budget $11.5 Million Funding Commitments Current proposals for VTA funding include $3.4 Million which requires a local (cities) match of $680,000 for a total $4.08 Million of which $200,000 has been expended for the feasibility study leaving a fimding proposal of $3.88 Million of which $640,000 would have to be provided by the Cities. Currently there are no local funds budgeted.in the City of Cupertino 5-year Capital Improvement Program (CIP) for this project, and other Cities report that there is no funding beyond the feasibility study proposed in their budgets at this time. Following the same scenario noted above, to be able to begin implementation at this time would require the cities to budget $640,000 to acquire the VTA funds and seek at least an additional $7.6 Million. It should also be noted, as discussed below, that there are no land or easement acquisition costs included in any of these figures. UPRR Agreements and Land Acquisition The UPRR owns all of the fight-of-way and/or pwperty required for the trail ion the City of Cupertino and the majority of the rights-of-way in the other jurisdictions. Similar acquisitions for RR rights-of-way (ROW) or easements within an operating rail branch suggest that these acquisition costs could be very high. That factor is a major unknown in this pwject. The other unknown is the RaiLroad itself. Staff and consultants met with UP officials on May 9, 2001 in San Francisco and on September 12, 2001 in Sacramento. UPRR has declared at both meetings that, as a matter of policy, they do not want nor would they willingly allow co-location o£ pedestrians and/or cyclists within an operating railroad ROW. Thc fact that the frequency of the freight Wains on this branch is usually about three wundtrips per week does not, in their minds, alter this policy at all. In fact they have raised several concerns that this trail plan may be encouraging more people to illegally enter (trespass) and usc the right-of-way. The UPRR notes that it may have to enforce its private property rights with its security ' forces in order to protect the railroad and its shareholders from exposure to any liability fi~m the trespassing. Some pwperty owners have expressed their concern that the trail proposal might cause the RR to limit their enjoyment, (admittedly illegal) of what is now an unfenced, largely un-enforced pathway adjacent to the railroad tracks. The above notwithstanding, it should be noted that the UPRR officials with whom staff and the consultants have met have been very open and candid about all these matters and have attended the meetings with a cooperative spirit and have listened with an open mind. However, it is very clear that the UPRR's operating criteria and their own internal policies do not provide much mom for negotiation on installing the pwposed UPRR Trail now or in the foreseeable future. /0 -d Summary Given all these facts and the analysis developed and reviewed by staff and the consultants, it appears that there are three conclusions that can be clearly made: 1. The UPRR Trail as proposed can be adequately designed and constructed over its entire length, but would more expensive to build than first believed; and, 2. The UPRR, owing to liability and operational policies, will not allow any use proposed by the trail project, no matter how it is designed, while it is still an operating right-of-way; and, 3. That, alternatively if the UPRR liability issues could be resolved, trail development would require acquisition of the right-of-way, either as an easement or fee title, ~m UPRR which would take many years and tens of millions of dollars. The above appearing to be the case, this project has to be evaluated against competing priorities for Cupertino and other cities, including other trail projects with a much higher probability of success. For all the reasons noted above that have arisen as a result of the feasibility study, staff does not believe that the UPRR Trail proposal represents, at this time, a good proportional return on the investment of time, effort and public money for thc result it would provide and the limited demand that it would satisfy. As such, staff cannot justify to the City Council any further staff or consultant effort or expenditures in pursuit of this project. Staff therefore recommends that the Council, while retaining the study and the concept as a worthy future goal, drop the project from the 5- year CIP and divert the activities that currently support it to other priority projects. However, with the completed Feasibility Study in hand, the Cities can seize upon any opportunities which may arise in the future to further the objective of developing a bicycle/pedestrian corridor which will link Cupertino, Saratoga and Campbell to the Los Gates Trail to provide recreational and commuting facilities for generations to come. Staff also recommends that the Council refer this report with its staffrecommendafions to the other partnel's in the MOU (Cities of Saratoga, Campbell, Town of Los Gatos, VTA, County of Santa Clara) for their consideration and comment prior to taking final action. Staff would expect that following review by the other partners, the Council could consider a irmal report and recommendation in January 2002. STAFF RECOMMENDATION It is recommended that the City Council accept the UPRR Trail Feasibility Study Report and tentatively approve the staff recommendation to remove the project from the 5 Year CIP without further consideration at this time; and, It is further recommended that the City Council refer the report and recommendations to the MOU partners for consideration, review and comment by the City Councils of Campbell and Saratoga, the Town Council of Los Oatos, the VTA Board and the Santa Clara County Board of Supervisors with a report back to Council for final action in lan. Ary 2002. Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager /6 -b ~.~r City Hall 10300 Torrc Avenue CITY OF Cupertino, CA 95014-3255 CUPEILTINO (408) 777-3354 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 16A AGENDA DATE October 1S,2001 SUBJECT AND ISSUE Union Pacific Railroad (UPRR) Trail Corridor - Feasibility Study: Report to the Council on Action and Recommendations from the Bicycle Pedestrian Advisory Committee (BPAC) BACKGROUND On October 4, 2001, the BPAC met jointly with the UPRR Task Force to consider the final dra~ of the Feasibility Study Report and the city staff report and recommendations regarding the UPRR Trail proposal. The BPAC reviewed the Feasibility study and the staff report as included in the Council Agenda. After considerable discussion the BPAC indicated several areas of interest and concern as follows: · A desire to ensure that the project was kept "alive" with some sort of periodic review' of conditions, primarily those relating to the status of the UPRR operations · An interest in preserving for the future the UP fight-of-way (ROW) should the rail service be abandoned by UP · The possibility of some early phase of the trail being implemented in areas where the UP ROW was not required (such as the PG&E easement areas in Saratoga and Los Gatos) or could be avoided with alignment alternatives In discussing these and other items relating to the future implementation of the project, the BPAC acted to approve recommendations to the City Council accepting the feasibility study and approving the staff recommendations as shown in the Council memo for the October 15, 2001 meeting and noted below. The BPAC also made recommendations to the Council requesting that an annual review of the project be accomplished by the BPAC towards the end of each fiscal year to accommodate any budget requests that might be fo~hcoming or appropriate, requesting that the Council declare an intent to preserve the corridor for trail/open space use should thc UPRR be abandoned, and encouragement to the Council and thc other path,ers in the Memorandum of Understanding (MOD') to implement phases of the trail in their jurisdictions as early as possible. Members of the BPAC have indicated that they will be present at the Council Meeting to answer questions and/or comment on these reports. BPAC RECOMMlilNDATIONS The BPAC recommends that the City Council accept the UPRR Trail Feasibility Study Report and to approve the staff recommendation to remove the project from the 5-Year CIP; and, refer the report with its staff and BPAC recommendations to the other partners in the MOU (Cities of Saratoga, Campbell, Town of Los Gatos, VTA, County of Santa Clara) for their consideration and comment prior to taking final action. The BPAC further recommends that the City Council support an ann-si review of the project by thc BPAC towards the end of each fiscal year, and that the Council support the BPAC desire to maintain the UPRR as open space and recreational uses should the rail line bc abandoned, and that the City Council support encouraging the earlier development of phases of thc trail where the UPRR. operating ROW would not be required. Submitted on behalf of the BPAC by: Ralph A. Quails, Jr. Director of Public Works Implementation Strategy for Union Pacific Rail Trail Based on Union Pacific Rail Trail Feasibility Study Dated September 29, 2001 and Conducted by Alta Transportation Consultants Alia Transportation Consulting comments that 'although it would be ideal to construct the trail in a single phase, due to budgetary and other constraints, this approach is not likely.' The study suggests that "the project will most likely be implemented in several phases ;md over a number of years." The study predicts that "owing to physical constraints in some areas of the trail, development may not be possible until abandonment of the rail line, which may be 10 to 25 years ouL' The study emphasizes that "it is critical to the long-term success of the project that the first phase of implementation be well-used and builds momentum for implementation of future phases. Ukewise, "it is important that the four cities (Cupertino, Saratoga, Campbell, Los Gatos) that the trail passes through support the phasing strategy," as well as the Valley Transpor',ation Authority (VI'A) that is providing the principal funding for this project. The Cupertino City Council is encouraged .to adopt end support the following recommendations aimed at the phased development of this important alternative {,-ansportation corridor that will contribute to the Valley's mobility as well as enhancing the quality of life for its residents. 1. Realf',~n the City of Cupertino's commitment to continue as the lead agency for the four cities that the ;,-ail passes through so as to maintain a high level of political support for the project. 2. Proceed with an environmental and preliminary engineering assessment of the trail to better define costs and construction alternatives, end continue exploratory discussions with the Railroad and other agencies regarding trail development. 3. Budget funds for environmental and engineering studies of the trail, and include these costs in Cupe~no's five-year Capital Improvement Program. 4. Initiate discussions with PG&E end the Santa Clara County Water District relative to the use of their utility corridors that run adjacent to the railroad right-of-way. 5. Request that Cupertino's Bicycle and Pedestrian Advisory Committee continue to champion the development of the trail, and assist in the formation of a countywide "Friends" group to advocate the trail's development. 6. Request that Cupertino's Bicycle and Pedestrian Advisory Committee consider renaming the trail the "Permanenta Rail Trail," or another name more closely related to the trail's history than its present "working' name. Submitted by, Joe Walton, Cupertino's representative to the V'rA Bicycle end Pedestrian Adviso~ Committee and long-standing member of Cupertino's Bicycle and Pedestrian Advisory Committee on October 15, 2001. Teen Commission hter~ews Applications for the Teen Commission are provided under separate cover. Interviews will be held at 4:00 p.m. on Monday, October 15, in the Council Chambers. After the interviews and scoring by Council members, staff will tally the results and rank the candidates. Council may then make appointments under New Business. /7 -/ Teen Commission Applicant Rankings Interviews will take place in the council chambers, 4:00-6:15PM on Monday, October 15, 2001. Each applicant will be asked to present a two minute presentation on why they want to be a teen commissioner, what they hope to accomplish, and how their experiences and interests would benefit the group. Scheduled presentation times are indicated below. d's~'venth Grade~'~· Eleventh Grade ~..Patty Fang . 4:00 PT .~l/~Sherman Wang--5:00 PM G____./~ Yi Zhang---5:00 PM (,-~'Ei-(~hth ~"Kenny Lin---5:00 PM_> Victor Liu---5:00 PM Ninth Grade "---Amity-L~longerlnterested ' Runalia Bahar~ Cathleen Chuang---s:30 ~"-~/Jacki Colloton---4:00 PM~ ';;-Ak's'~i~'De(~r~)"iS'~l".~---~. '~Kevin Busch--.4:00 PM~.~ ~'" ,,~Aimee Jin Thayer--5:30 Amy Quan L 4:00 PM Erica Gee--5:30 PM Melanie Stephens--5:30 PM Tenth Grade Daniel .Nguyen---5:30 PM Peter Peng---Out of Town Rex Feng--5:30 PM Tracy ~in Cba~ng--4:00 PM --.~-q~TG~tley---4:00 PM ~ ..... Twelve Grade .. '--Yi-Xuan Ht]ynh---~:30~U ~ ~.~-D~'ew Golkar--5:_3-°._P.~M~'~.?~ Keshav Srinivasan--4:30 PM Anita Chan...---.-5:30 PM___.__. Reed Calkins---~:30 PM d_?MauriCe Noone--5:30 P~_.~ Sharanya Kumaravel--4:30 PM Shirley I(i-n;l~---6-~-o' PM-- " Sasha Brophy---4:30 PM Jennifer Khait--No longer interested Natalie Oleas 4:30 PM Jenny Rindg~No longer interested ORDINANCE NO. 1 AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF CUPERTINO EXTENDING THE UTILITY USERS EXCISE TAX FOR A PERIOD OF FIFTEEN YEARS AND ORDERING THE SUBMISSION OF A PROPOSITION THEI~OF TO THE ELECTOKATE OF THE CITY Sections: 3.34.010 Definitions 3.34.020 Exemptions 3.34.030 Telephone Users Tax 3.34.040 Electricity Users Tax 3.34.050 Gas Users Tax 3.34.060 Services Users Receiving Gas or Electricity Directly 3.34.070 Penalties 3.34.080 Actions to Collect 3.34.090 Duty to Collect - Proced~s 3.34.100 Additional Power and Duties of Tax Administrator 3.34.110 Assessment - Administrative Remedy '3.34.120 Records 3.34.130 Refunds 3.34.140 Rules of Construction 3.34.150 Benefit to All Persons 3.34.160 Duration 3.34.170 Disposition of Proceeds 3.34.180 General Fund lease 3.34.190 Power in Addition 3.34.200 Ordinance Controlling 3.34.210 Liberal Consffuction 3.34.220 Defect or Omission, Validity of Proceedings or Taxes 3.34.230 Limitation of Actions 3.34.240 Severability THE CITY COUNCIL OF TH~ CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: The purpose of this Ordinance is to impose a utility nser~ excise tax as a revenue measure necessary to pay the usual and current expenses of cunducting the municipal government of the City, the proceeds of which shall be paid into the general fund of the city. This Ordinance shall be known and may be cited as the "Utility Users Excise Tax Ordinance". 3.34.010 Definitions. Except where the context otherwise requires, the definitions set forth in this section govern the construction of this Ordinance. Ordinance No. 1888 Page 2 "City" means the City of Cupertino. "Facilities" means the municipal facilities generally including Blackberry Farm, other open space land within the City and the public recreational facilities consistent with the preservation and public use of open space. Facilities shall be deemed available and susceptible ofnse within the meaning of the term "availability and privilege of use", as used in this Ordinance, when such facilities exist and are available for use during any portion of the fiscal year next preceding the levy of the Tax. "Gas" includes natural gas and any other gas used for light heat and power. "Month" means a calendar month. "Non-utility supplier" means a Service Supplier, other than (a) a gas corporation or Co) an electrical corporation serving within the City, which generates electrical energy in capacities · of at least 100 kilowatts monthly for sale to others. "Persons" means any domestic or foreign corporation, firm, association syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society, or individual. "Tax" means the utility users excise Tax proposed to be imposed by this Ordinance, more particularly described in Sections 3.34.030, 3.34.040 and 3.34.050 of this Ordinance. 'Fax Administrator" means the City Treasurer. "Telephone Corporation," "electrical corporation," and "gas corporation," have the same meanings as defined in sections 234, 218, 222 and 215.5, respectively, of the California Public Utilities Code (as said sections existed on June 1, 1989), except that "electrical corporation" shall also be construed to include any municipality or Person engaged in the selling or supplying of electrical power to a Service User. "Service Sul~plier" means any entity required to collect or self-impose and remit a Tax as imposed by this Ordinance. "Service User" means a Person required to pay a Tax imposed by this Ordinance. 3.34.020 Exemptions. (a) Public bodies, religious organizations and other Persons exempt under state or federal law shall be exempt from the Tax. Residential service users of 65 years or older shall be exempt from Tax payments under this Ordinance upon application to the Tax Administrator, in such manner and with such proof or qualification as the Tax Administrator shall det~miine. Ordinance No. 1888 Page 3 (b) Thc City Council may, by order or resolution, establish one or more classes of Persons or one or more classes of utility service other~vise subject to payment of a Tax imposed by this Ordinance and provide that such ~lasscs of Persons or service shall be exempt, in whole or in part, fix)m such Tax. (c) The Tax administrator shall prepare a list of the Persons exempt from the pwvisions of this Ordinance by virtue of this section and furnish a copy thereof to each Service Supplier. 3.34.030 Telephone Users Tax. (a) There is hereby imposed a Tax (herein called thc "rclephone Users Tax") on the amounts paid for any interstate, interstate and/or international telephone communication services by every Person in the City other than a Telephone Corporation, using such services. The Tax imposed by this section shall be at the rate of two and forty hundredths percent (2.04%) of the charges made for such services and shall be paid by the persons paying for such services. (b) A used in this section, the team "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except where such coin-operated service is furnished for a guaranteed amount, in which event the amounts paid under such guarantee pins any fixed monthly or other periodic charge shall be included in the base for computing the amount of Tax due; nor shall thc terms "charges" include charges for any type of service or equipment furnished by a service supplied subject to public utility regulations during any period in which the same or similar services or equipment are also available for sale or lease fiom Persons other than a Service Supplier subject to public utility regulation; nor shall the words "telephone communication services" include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federai Regulations as said section existed on January 1, 1970. The term "telephone communication services" refers to that service which provides access to a telephone syste~-~-z and the privilege of telephone quality communication with substantially all Persons having telephone stations which are part of such telephone system. The Telephone Users Tax is intended to, and does, apply to charges billed to a telephone account having a situs in the City, irrespective of whether a particular communication service originates and/or terminates within the City. (c) The Telephone Users Tax shall be collected from the Service User by the last day of the following month; or, at the option of the Person required to collect and remit the Tax, an estimated amount of Tax collected, measured by the Tax bill in the previous month, shall be remitted to the Tax Administrator on or before the last day of each month. (d) Notw~th.~tanding the provisions of subsection (a), the Telephone Users Tax shall not be imposed upon any Person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the Tax imposed under Part 20 (commencing with section 41001) of Division 2 of the Caiifomia Revenue and Taxation Code, or the Tax imposed under section 4251 of the Internal Revenue Code. Ordinance No. 1898 Page 4 3.34.040. Electricity Users Tax. (a) There is hereby imposed a Tax (herein called the "Electricity Users Tax") upon every Person in the city other than an Electrical Corporation using electrical energy in the City. The Tax imposed by this section shall be at the rate of two and forty hundredths percent (2.40%) of the charges made for such energy by an electrical corporation franchised to service the city and shall be billed to and paid by the Person using the energy. If the charges made for such energy by the franchised electrical corporation are negotiated either (1) on the basis that the Service User has provided its own transmission voltage reduction facilities or (2)'as individualized negotiated co-generation avoidance transmission voltage rates, and the resulting negotiated rates are not available to the City, such negotiated rates shall be made available to the City by thc Service User. The Tax applicable to electrical energy provided by a non-utility supplier shall be based on the above Tax rate and the charges made for such electrical energy if there is an a~ms-length transaction for the sale of the electrical energy between the non-utility supplier and the Service User. If there is not an arms-length sale from a non-utility supplier, the Tax shall be determined by applying the Tax rate to the equivalent charges the Service User would have incurred if the energy used had been provided by the electrical corporation franchised by the City. Rate schedules for this purpose shall be available from the City. Non-utility suppliers shall install, maintain and use an appwpriate utility-type metering system which will enable compliance with this section. If the electrical energy is generated by the Service user for its own use, the Service User shall provide the City with the actual monthly cost of generating the electrical energy so used and the Electricity Users Tax shall be based on the above Tax rate applied to said actual cost. Cost figures supplied by the Service User shall be subject to periodic audit by the City and appropriate adjustment pursuant thereto. "Charges," as used in this section, shall include charges made for: (1) metered energy and (2) minimum charges for service, including customer charges, service charges, d¢i~and charges and all other annual and monthly charges (other than standby charges), fuel or other cost adjustments, authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission. (b) As used in this section, the teiii~ "using electrical energy" shall not be construed to mean thc storage of such ener~ by a Person in a battery owned or possessed by such Person for use in an automobile or other machinery device apart from the premises upon which the energy was received, provided, however, that thc term shall include the receiving of such energy for the purpose of using it in the charging ofbattories; nor shall the t~m include electricity used and consumed by an electric utility supplier in the conduct of its business; nor shall the term include the mere receiving of such energy by an electric public utility or governmental agency at Ordinance No. 1888 Page 5 a point within thc City for resalc; nor shall thc tam includc thc usc of such energy in thc production or distribution of water by a public utility or a governmental agency. (c) The Electricity Users Tax shall be collected from the Service User by the Service Supplier or non-utility supplier. The Electricity Users Tax on use supplied by self-generatiun or co-generation or from a non-utility supplier not subject to thc jurisdiction of this Ordinance, shall bc collected and reiifittcd to thc Tax Administrator in the manner set forth in Section 3.34.060. The amount of Tax collected by a Service Supplier or a non-utility supplier in one month shall be remitted by United States mail to thc Tax Administrator, postmarked on or before thc last day of the following month; or, at thc option of thc Person required to collect and remit the Tax, an estimated amount or Tax measured by the Tax billed in the prea, ious month, shall be remitted by United States mail, to the Tax Administrator, postmarked on or before the last day of each month. Thc amount of the Tax reiiiitted may bc estimated by a formula based upon thc payment pattern of thc supplier's cnstomcrs. (d) Notwithstanding the provisions of section 3.34.090(a), if thc amount paid by a Service user is less than the full smount of the energy charge and Tax which has accrued for the billing period, such amount and any subsequent payments by a Service User shall be applied to thc energy charge first until such charge has been fully satisfied. Any remaining balance shall be applied to Taxes due. 3.34.050. Gas Users Tax. (a) There is hereby imposed a Tax 0tcrein called the "Gas Users Tax") upon every Person in thc city other than a gas corporation or electrical corporation, using, in thc City, gas which is delivered through mains or pipes or by motor vehicle or by rail. The Gas Users Tax shall be at the rate of two and forty hundredths percent (2.40%) of the charges made for the gas and shall be billed to and paid by the Person using the gas. If the charges made for such gas by the franchised gas corporation are negotiated and the resulting negotiated rates are not available to the City, such negotiated rates shall be made available to the City by the Service User. The Tax applicable to gas or gas transportation provided by non-utility suppliers shall be based on the charges made for such gas or gas transportation if that is derived from an arms-length transaction between a non-utility supplier and the Service User. If there is not an arms-length sale, the Tax shall be determined by applying the Tax rate to the equivalent charges the Service User would have incurred if the gas or gas transportation had been provided by the gas corporation franchised by the City. Rate schedules for this purpose shall be available from the City. "Charges" as used in this section shall include: (1) those billed for gas which is delivered through mains or pipes or by motor vehicle or by rail; (2) gas .... transportations charges, and (3) de~and charges, service charges, customer charges, minimum charges, snnual and monthly charges and any other charges (other than Ordinance No. 1888 Page 6 standby chargcs) authorized by the California Public Utilities Commission or the Federal Bnergy Regulatory Commission. (b) The Gas Users Tax is not applicable to: (1) charges made for gas which is to be resold and delivered through mains and pipes or by motor vehicle or by rail; (2) charges made for gas sold by a public utility, non-utility supplier or governmental agency for use in the generation of electrical energy or the production of disLribution of water; (3) charges made by a gas public utility or gas used and consumed in thc course of its public utility business; (4) charges made for gas used in the propulsion of a motor vehicle, as authorized in the Vehicle Code of the State of California; (c) The Gas Users Tax shall be collected from the Service User by the Person selling or transporting the gas. In the case of purchase of gas from a non-utility supplier, or a gas corporation not franchised by the City, the Service User will be responsible for remitting the applicable Gas Users Tax directly to the Tax Administrator. A Person selling only transportation services to a user for delivery of gas through mains or pipes or by motor vehicle or by rail shall collect the Tax from the Service User based on the transportation charges. Exc~egt as provided above, the person selling or transporting the gas shall, on orbefore the 20 of each calendar month, commencing on the 20th day of the calendar month after the effective day of this Ordinancc, make a return to the Tax Administrator stating the amount of Taxes billed during thc preceding calendar month. At the time such returns are filed, the Person selling or transporting the gas shall remit Tax payments to the Tax Administrator in accordance with schedules established or approved by the Tax AdminisUator. 3.34.60. Service Users Receivin2 Gas or Electricity Directly. (a) Notwithstanding any other pwvision of this Ordinance, a Service User receiving gas or clcctdc energy directly from a non-utility supplier not under the jurisdiction of this Ordinance, or using clectricity generated by the Service User for its own use, or otherwise not having the full Tax due on the use of gas or electric energy in the city directly billcd and collected by the Service supplier, shall report said fact to thc Tax Administrator within thirty days of said usc and shall directly remit to the City the amount of Tax due. (b) The Tax Administrator may require from said Service User the filed Tax returns or other satisfactory evidence documenting the sale price and quantity of gas or electric energy used. 3.34.70. Penalties. (a) Taxes COllected from a Service User which are not remitted to the Tax Administrator on or before the due dates provided in this ordinance are delinquent. Should the due date occur on a weekend or legal holiday, the return may be postmarked on the first regular working day following a Saturday/Sunday, or legal holiday. Ordinance No. 1888 Page 7 (b) Penalties for delinquency in remittance of any Tax collected or any deficiency determination determined by the Tax Administrator, shall attach and be paid by the Person required to collect and remit'at the rate Of fifteen percent (15%) of the total Tax collected or imposed herein. (c) The Tax Administrator shall have power to impose additional penalties upon any Person required to collect and remit Taxes under the provisions of this Ordinance for fraud in reporting or remitting at the annual rate of fifteen percent (15%) of the amount of the Tax collected or as recomputed by the Tax Administrator. (d) Every penalty imposed under the provisions of this Ordinance shall become a part of the Tax required to be remitted. 3.34.080 Action to collect. Any tax required to be paid by a Service User under the provisions of this Ordinance shall be deemed a debt owed by a Service User to the City.' Any such Tax collected from a Service User which has willfully been withheld from the Tax Administrator shall be deemed a debt owed to the City by thc Person required to collect and remit. Any person owing money to the City under the provisions of this Ordinance shall be liable to an action brought in the name of the City for thc recovery of such amount. 3.34.090 Duty to Collect - Procedures. The duty to collect and remit the Taxes · --- imposed by this Ordinance sh~ll be performed as follows: (a) Notwithstanding any other provision of this Ordinance, thc Tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practices of the Sentice Supplier. Where the amount paid by a Service User to a Service Supplier is less than thc full amount of thc utility charge and Tax which has accrued for the billing period, such amount and any subsequent payments by a Service User shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to Taxes due. In those cases where a Service User has notified the Service Supplier of this refusal to pay the Tax imposed on said utility charges Section 3.34.100 (c) will apply. (b) The duty to collect the Tax from a Service User shall commence with the beginning of the first full regular billing period applicable to the Service User where all charges nomiaily included in such regular billing are subject to the provisions of this Ordinance. Where a Person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing. 3.34.100. Additional Power and duties of Tax Administrator. (a) The Tax Admluistrator shall have the power and duty, and is hereby directed to enforce each and all of the provisions of this Ordinance. Ordinance No. 1888 Page 8 (b) The Tax Administrator shall have the power to adopt rules and regulations not inconsistent with provisions of this Ordinance for the purpose of carrying out and enforcing the payment, collection and remittance of the Taxes herein imposed. A copy of such roles and regulations shall be on file in the Tax Administrator's office. (c) The Tax Administrator may make administrative agrc¢iiients to vary the strict requirements of this Ordinance so that the collection of any Tax imposed hereby may be made in confo~-~uance with the billing procedures of a particular Service Supplier so long as said agreements result in collection of the Tax in conformance with the general purpose and scope of this Ordinance. A copy of each such agreement shall be on file in the Tax Administrator's office. (d) The Tax Administrator shall determine the eligibility of any Person who asserts a right to exemption from the Tax imposed by this Ordinance. The Tax Administrator shall provide the Service Supplier with the name of any Person who the Tax Administrator determines is exempt from the Tax imposed hereby, together with the address and account number to which service is supplied to any such exeiiipt Person. The Tax Administrator shall notify the Service Supplier of termination of any Person's right to exemption hereunder, or the change of any address to which service is supplied to any exempt Person. 3.34.110. Assessment- Administrative Remedy. (a) Thc Tax Administrator may make an assessment for Taxes not remitted by a Person required to remit. (b) Whenever the Tax Administrator det~,~iines that a Service User has deliberately withheld the amount of the Tax owed by him from the amounts remitted to a Person required to collect the Tax, or that a Service User has refused to pay the amount of Tax to such Person, or whenever the Tax Administrator deems it in the best interest of the City, such Person may be relieved of the obligation to collect Taxes due under this Ordinance from certain named Service Users for specified billing periods. (c) The Service Supplier shall provide the City with amounts refunded to be paid and/or unpaid along with the name and addresses of the Service Users neglecting to pay the Tax imposed under provisions of this Ordinance. Whenever the Service User has failed to pay the amount of Tax for a period of two or more billing periods, the Service Supplier shall be relieved of the obligation to collect Taxes due. (d) The Tax Administrator shall notify the Service User that the Tax Administrator has assumed responsibility to collect the Tax due for the stated periods and demand payment of such Taxes. The notice shall be served on the Service User by handing it to such user personally or by deposit of the notice in the United States mail, postage prepared thereon, addressed to the Service User at the address to which billing was made Ordinance No. 1888 Page 9 by the Poi-son required to collect thc Tax; or, should the Service User's address change, to the last known address. If a Service user fails to remit the Tax to the Tax Administrator within fifteen (15) days from thc date of thc receipt of thc notice upon him, which shall be the date of mailing if service is not accomplished in Person, a penalty of twenty-five percent (25%) of the amount of the Tax set forth in the notice shall be imposed. The penalty shall become part of thc Tax herein required to be paid. 3.34.120. Records. It shall be the duty of every Person required to pay or collect and remit to the city any Tax imposed by this ordinance to keep and preserve, for a period of three (3) years, ail records as may be necessary to detetminc the amount of such Tax for which such Person may have been liable for the remittance to the Tax Administrator, which records the Tax Administrator shall the fight to inspect at all reasonable times. 3.34.130. Refunds. (a) Whenever the amount of any Tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Ordinance, it may be refunded as provided in this section. (b) Notwithstanding the provisions of subsection (a) of this section, a Service Supplier may claim a refund, or take as credit against Taxes remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established that the Service User from whom the Tax has been collected did not owe the Tax; provided, however, that neither a refund nor a credit shail be ailowed unless the amount of the Tax so collected has either been refunded to the Service User or credited to charges subsequently payable by the Service User to the Person required to collect and remit. A Service Supplier that has collected any amount of Tax in excess of the amount of Tax imposed by this Ordinance and actually due from a Service User, may refund such amount to the Service user and claim credit for such overpayment against the amount of Tax which is due upon any other monthly returns provided such credit is claimed in a return dated no later than three (3) years from the date of overpayment. (c) No refund shall be paid under the provisions of this section unless the claimant has established the claimant's right thereto by written records showing entitlement thereto. (d) Notwithstanding other provisions of this section, whenever a Service Supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to Service Users of charges for past utility services, the Taxes paid pursuant to this ordinance on the amount of such refunded charges shall also be refunded to Service Users, and the Service Supplier shall be entitled to claim a credit for such refunded Taxes against the amount of Tax which is due upon the next monthly returns. In the event this Ordinance is repealed, the amounts of any refundable taxes will be paid by the city. Ordinance No. 1888 Page 10 (e) ' A Service Suppher may refund the Taxes collected to the Service User in accordance with this section or by the Service Supplier's customary practice. (O A crcdit or refund of Tax due shall be granted to any Service User from whom the Tax is collected to cover the administrative and clerical expense of establishing and auditing the cost of generating electric energy for its own use pursuant to the third paragraph of Section 3.34.040(a). Any such administrative and clerical expense is also subject to audit and appropriate edjustmcnt pursuant thereto. 3.34.140 Rules of Conslruction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number and vice versa. 3.34.150 Bcnefit to All. Person. The City council has found and detctudned and hereby declares that all Persons using utility services in the city enjoy the privilege of using and benefit from the providing by the City, of municipal services and facilities. 3.34.160 Duration. The Tax shall be levied until November 6, 2030 at which time, the tax levied hereinunder, unless further extended, shall cease. 3.34.170 Disposition of Proceeds. This Ordinance is hereby declared to be a revenue measure for general government purposes; the proceeds of the Tax shall be paid into the general fund. 3.34.180 Power in Addition. The powers conferred by this Ordinance are in addition to, and the limitations imposed by this Ordinance do not affect, the powers conferred by any other law or Ordinance. 3.34.190 Ordinance Controlling. If this Ordinance is inconsistent with any other law, this Ordinance is controlling. 3.34.200 Liberal Consmmtion. This Ordinance shall be liberally construed to promote its objects. 3.34.210 Defect or Omission, Validity of Proceedings or Taxes. If the jurisdiction of the Council to order the proposed act is not affected, the defect or omission by any officer in proceedings under this Ordinance does not invalidate the proceedings or taxes levied under this Ordinance. 3.34.220 Limitation of Actions. The validity of this Ordinance or of any tax levied pursuant to this Ordinance shall not be contested in any action or proceeding or defense unless such action or proceeding or defense shall have been brought or raised within ninety (90) days from the date of the approval of this Ordinance and the levy of said tax by the voters of the City on March 6, 2002. Unless au action or proceeding is commenced or such defense raised within said period, this Ordinance and any tax levied Ig-lo Ordinance No. 1888 Pa§c 11 pursuant to this Ordinancc shall bchcld valid and in cvcr~ respect legal and incontestable. 3.34.230 Scvcrability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to bc unconstitutional, such decision shall not affect the validity of thc remaining portions of this Ordinance or any part thereof. Thc Council declares that it would have passed each section, subsection, subdivisions, paragraph, sentence, clause or paragraph thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases is declared unconstitutional. Article 2. Elections Call of Election. A special municipal election is hereby called and ordered to be held in the City on March 5, 2002 at which election there shall bc submitted to qualified voters of the City the proposition set forth below: Proposition. The proposition shall appear on the ballot for said special municipal election in the following form: "MEASURE : Utility Tax Initiative. Residents currently pay a 2.4% tax on utility use, specifically electric, gas and telephone. Shall the City of Cupertino extend the existing utility tax which will otherwise terminate in 2015 for an additional 15 years to 2030, for general city services and programs? Thc Council does hereby submit to the qualified voters of the City, at said special municipal election, this Ordinance and thc proposition set forth above. The City Clerk is hereby directed to certify to the adoption of this resolution, to transmit a copy hereof to the'Board of Supervisors of the Santa Clara County, and to file a certified copy with the Regi~irar of Voters of the county. The Board of Supervisors of Santa Clara County is hereby requested to order the consolidation of thc special election with the gubernatorial primary election to be held on Tuesday, March 5, 2001, and to authorize the Registrar of Voters to conduct the election and canvass the returns. The election shall be held and conducted, closed, ballots counted and returned, returns canvassed, and results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the gubernatorial primary election and spec/fled here'm. Said Registrar of Voters shall certify the results of the canvass of the returns of said special election to the Council, which shall thereafter declare the results thereof. The Cupertino City Council hereby accepts the usual and customary te~-i~ and conditions of the por£ormancc of said election services by the Registrar of Voters; and the City Council further agrees to make payments as may be set forth in a billing to the City of Ordinance No. 1888 Page 12 Cupertino from the Registrar of Voters prescribing the amount due for costs incurred bom the rendering of election services, all as provided by the provisions of Section 10416 of the Elections Code of the State of California. Arguments in favor or against thc proposed measures shall be filed with the City Clerk by Thursday, November 1, at 5:00 p.m. Rebuttals to arguments in favor or against thc proposed measures shall be filed with the City Clerk by Thursday, November 8, at 5:00 p.m. Thc City Attorney shall prcpare an impartial analysis of the measure not to exceed 500 words in length and which is to be filed with the City Clcrk no later than Thursday, November 8, 2001. The City Clerk shall publish a notice of election and synopsis of the measure one time in a newspaper of general circulation. The polls shall bc opened at 7:00 a.m. and closed at 8:00 p.m. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 1st day of October, 200.1 and ENACTED at a regular meeting of the City of Cupertino this 15th day of October, 2001 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupmino