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CC 06-17-02AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday June 17, 2002
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three_ (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
1. Approve the minutes from the May 20, 28, and June 3 City Council meetings.
Accept Accounts Payable from May 24, 31, and June 7, Resolution Nos. 02-104 to 02-
106.
3. Accept Payroll from June 7, Resolution No. 02-107.
4. Approve the terms and conditions of employment for fiscal year 2002/03:
a).
Amend the Memorandum of Understanding between the City and the Cupertino
City Employee's Association, Resolution No. 02-108
Amend the Memorandum of Understanding between the City and Operating
Engineers Local No. 3, Resolution No. 02-109
Amend the compensation program for unrepresented employees, Resolution No.
02-110
Fix the employer's contribution for medical insurance, Resolution No. 02-111
June 17, 2002 Page 2
Cupertino City Council &
Cupertino Redevelopment Agency
e). Amend the Administrative Rules and Regulations of the Personnel Code,
Resolution No. 02-112.
Approve Contract Change Order (CCO) No. 2, Safe Routes to Schools Project, in the
amount of $3,700 for a total contract amount of $355,200, Resolution No. 02-113.
o
Set a public hearing for July 15, 2002 to change a street name from Maryknoll Court to
Peralta Court, Resolution No. 02-114.
Approve the Second Amendment to the Agreement Agency Agreement for Household
Hazardous Waste, Resolution No. 02-115.
o
Accept the Completed City Project for the Annual Maintenance Contract with Tally
Enterprises for Sidewalk, Curb, and Gutter Reconstruction.
°
Adopt resolution accepting $20,000 payment from Mission West Properties as payment
in full for housing mitigation fees for a building located at 10466 Bubb Road, Resolution
No. 02-116.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
10.
Adopt the FY 2002-03 rates for the Assessment of Storm Drainage Fees the Nonpoint
Source Program, Resolution No. 02-117.
11.
Consider the appeal of the Planning Commission's approval of application U-2002-02, a
use permit to allow a six-bedroom residence at 10567 Glenview Avenue to be used as a
congregate residence for up to 16 persons where 10 persons are allowed by right.
12.
Discuss and adopt the 2002/03 Budget/Capital Improvement Projects (CIP), Resolution
No. 02-118 and 02-119.
a).
Discuss new programs funded in budget
Discuss new programs not currently funded
Discuss expanded revenue enforcement
Grant a negative Declaration
Report and evaluate various capital projects and options for the funding of the
Capital Improvement Program (CIP) for FY 2002-03.
PLANNING APPLICATIONS
UNFINISHED BUSINESS
June 17, 2002
Cupertino City Council &
Cupertino Redevelopment Agency
Page 3
NEW BUSINESS
13.
Order the abatement of public nuisance (brush) pursuant to provisions of Ordinance 724
and Resolution No. 02-087, Resolution No. 02-120.
14.
Consider endorsement of HR 4058 to achieve parity between the immigration status
required for airport employment and military service.
15. Consider removing the restriction on skateboarding in the Civic Center area.
16. Consider acquiring public sculpture and confirm site selection and public input process.
17.
Confirm date of August 19 to interview Teen Commission candidates from Hyde Middle
School and Homestead High School.
ORDINANCES
18.
Conduct the second reading of Ordinance No. 1897: "An Ordinance of the City CoUncil
of the City of Cupertino Amending Chapters 3.22 and 3.23 of the Cupertino Municipal
Code Regarding the Purchasing of Supplies, Equipment and Services."
STAFF REPORTS
COUNCIL REPORTS
Mayor Richard Lowenthal:
Economic Development Committee
North Central Flood Alternate
Northwest Flood Alternate
Public Dialog Consortium
Santa Clara County Cities Association
Santa Clara County Cities Legislative Alternate
Santa Clara County Library Joint Powers Authority
Toyokawa Sister City Alternate
Valley Transportation Authority Political Action Committee Alternate
West Valley Mayors and Managers
Vice-Mayor Michael Chang:
Audit Committee
Leadership Cupertino
Legislative Review Committee
Library Steering Committee
Public Dialog Liaison
Santa Clara County Housing and
Community Development Block Grant (CDBG) Alternate
Santa Clara County Library JPA Alternate
June 17, 2002 Page 4
Cupertino City Council &
Cupertino Redevelopment Agency
West Valley Mayors and Managers Alternate
Councilmember Sandra James:
Association of Bay Area Governments
Economic Development Committee
Environmental Review Committee Alternate
Library Steering Committee
Skate Park Committee
Santa Clara County Emergency Preparedness
Santa Clara Valley Water Alternate
Councilmember Patrick Kwok:
Leadership Cupertino
Library Steering Committee Alternate
North Central Flood Zone
Northwest Flood Zone
Santa Clara Valley Water
Santa Clara County Cities Alternate
Skate Park Alternate
Toyokawa Sister City
Councilmember Dolly Sandoval:
Association of Bay Area Governments (ABA) Alternate
Audit Committee
Environmental Review Committee
Legislative Review Committee
Santa Clara County Cities Legislative Review
Santa Clara County Emergency Preparedness Alternate
Santa Clara County Housing and
Community Development Block Grant (CDBG)
Valley Transportation Authority Policy Advisory Committee
CLOSED SESSION
Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to
consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, Carol
Ferrell, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3,
Cupertino City Employee's Association and the unrepresented employees Compensation
program.
ADJOURNMENT
Adjourn to the Teen Commission interviews on June 19 at 5:00 p.m. in Conference Room A.
June 17, 2002
ROLL CALL
PUBLIC HEARING
Cupertino City Council &
Cupertino Redevelopment Agency
REDEVELOPMENT AGENCY MEETING
A. Adopt the 2002/03 Budget of the Redevelopment Agency, Resolution No. 02-02.
ADJOURNMENT
Page 5
CUPEI INO DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday May 20, 2002
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300
TorTe Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sanclra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and
Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works
Director Ralph Qualls, and City Clerk KJmberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Chang/James moved to approve the items on the Consent Calendar as recommended, with the
exception of items 1 and 12 which were pulled for discussion. Vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes: None.
2. Accounts Payable: May 3 and May 10, Resolution Nos. 02-083 and 02-084.
3. Payroll: May 10, Resolution No. 02-085.
4. Application for Alcoholic Beverage License, Olam Thai Cuisine, 19672 Stevens Creek
Blvd.
May 20, 2002 Cupertino City Council Page 2
Approve the destruction of records from the City Clerk, Community Development,
Finance, and Emergency Preparedness files, which are in excess of two years old,
Resolution No. 02-086. -
Declaring weeds and brush growing on certain described properties to be a public
nuisance and setting hearing for June 17 for objections to proposed removal, Resolution
No. 02-087.
Annexation: Make determinations and approve the reorganization of territory designated
"Orange Avenue 02-01", property located on the west side of Orange Avenue between
Granada Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, Javanmard,
and Asgari (APN 357-16-029), Resolution No. 02-088 (continued from April 15).
Improvement plans & final map, R & Z Development, 20075 De Palma, Resolution No.
02-089.
Authorizing execution of tract agreement, Taylor Woodrow, Tract No. 9410, Located on
Imperial Avenue, Resolution No. 02-090.
10.
Authorizing execution of public plaza agreement, Taylor Woodrow, Tract No. 9410,
Located on Imperial Avenue, Resolution No. 02-091.
11.
Authorizing execution of Pedestrian Path and Maintenance Agreement, RWC, LLC,
10120 Imperial Avenue, Resolution No. 02-092.
13.
Grant of easement, public utilities, Cupertino City Center Owners Association, Lot 7,
Tract 7953, Resolution No. 02-094.
14.
Acceptance of city projects performed under contract (no documentation in packet):
a). Wolfe Road Bicycle Facility Improvement Project, Project No. 9440
b). Bollinger Road Bicycle Facility Improvement Project, Project No. 9443 (G.A.B.
Construction, Inc.)
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
1. Approval of minutes: May 3, 6 and 13.
The City Clerk amended the minutes of May 13 to reflect that Planning Commissioner
Angela Chen was absent.
Kwok/James moved to approve all three sets of minutes, with the amendment to May 13.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
12.
Annual Overlay, Project No. 2001-04 (DeSilva Gates)
a). Approval of Contract Change Order No. 1 in the amount of $27,225.79 for a total
contract amount of $1,305,176.79, Resolution No. 02-093
May 20, 2002 Cupertino City Council Page 3
b). Acceptance of project
Public Works Director Quails amended the amotmt of the change order to read
$26,900.79, for a total contract amount of $1,305,176.79.
Sandoval/James moved to approve the change order, as amended, and accept the project.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
PUBLIC HEARINGS - None
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
15.
Report from Fine Arts Commission (FAC) regarding 2001-2002 accomplishments,
guidelines for the selection of public art, and recommending the purchase of public art
works.
City Clerk Kimberly Smith reviewed the staff report highlighting commission's
accomplishments, reviewed the recommendations regarding the .purchase of five
sculptures, and distributed a handout showing maps to various parks and photographs of
places where public sculpture could be placed.
Artist Roger Berry presented a model of a sculpture proposed for the open space at the
comer of Stevens Creek and DeAnza Boulevards. James/Kwok moved to accept the
conceptual design. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Sandoval/James moved to approve the General Guidelines for the Selection as Public Art,
with the suggestion that, at the discretion of the Fine Arts Commission, the last paragraph
on the first page be amended to read: "Where public funds are used, the community
surrounding the future art may be invited to participate in helping to select the artwork
and to generate community acceptance." Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None.
Fine Arts Commissioners Barbara Phelps, Hema Kundargi, and Shirley Lin-Kinoshita
discussed the five sculptures recommended for purchase and placement in Cupertino
Parks.
Council members discussed the FAC proposal and asked the City Manager to coordinate
the next steps in the process, including:
Submitting the proposal to the Parks and Recreation Commission for their input
Arranging a field trip or other solution so that the Council members could
personally view the art works
May 20, 2002 Cupertino City Council Page 4
16.
o
Identi~ the next steps in the process, including selection of a site and soliciting
public input.
Change Community Development Block Grant (CDBG) designation from participant in
Urban County program to entitlement grantee for funding purposes, Resolution No. 02-
095.
James/Sandoval moved to adopt Resolution No. 02-095. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None.
17.
Selection of date for joint study session with Cupertino Housing Commission to continue
selection criteria for Below Market Rate (BMR) program and update on options for
encouraging public service employee housing.
Council concurred to hold the study session on Monday, July 15, 2002, at 4:30 p.m.
18.
Minor modifications to the Cupertino Municipal Code Section 11.34, Roadway Design
Features relating to the installation of road bumps.
Mr. David Erick, 10728 Maxine Avenue, reviewed his letter to City Council
recommending that the ordinance not be changed.
Reading and enactment of Ordinance No. 1896: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 11.34 of the Cupertino Municipal Code
Relating to Roadway Design Features, Adding Section 11.34.050 Relating to
Construction Engineering of the Installation and Maintenance of Road Bumps and
Declaring the Urgency Thereof."
The City Clerk read the title of the ordinance. James/Chang moved to read the ordinance
by title only, and that the City Clerk's reading would constitute the only reading thereof.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
ORDINANCES
19.
Second reading and enactment of Ordinance No. 1895: "An Ordinance of the City
Council of the City of Cupertino Adopting Chapter 2.XX of the Cupertino Municipal
Code Establishing The Bicycle Pedestrian Commission."
Sandoval/James moved to make further changes to the ordinance: 1) Delete line in
paragraph .010 which said, "At least one member shall be a person experienced in
pedestrian issues and walk-ability"; 2) Change line in paragraph .010 from "At least four
members shall be City of Cupertino residents" to say, "All members shall be City of
Cupertino residents"; and 3) Change the word "plan" in paragraph .080 B2 to read
"guidelines."
May 20, 2002 Cupertino City Council Page 5
The City Clerk read the title of the ordinance. Sandoval/James moved and seconded to
read the amended ordinance by title only, Md that the City Clerk's reading would
constitute the first reading thereof. Vote: Ayes: Ehang, James, Kwok, Lowenthal,
Sandoval. Noes: None.
STAFF REPORTS
Mayor Lowenthal reordered the agenda to discuss item 22 next.
22. Report on the status of the traffic barrier gate at Pacifica Avenue near Torre Avenue.
The following individuals spoke in favor of repairing the traffic barrier that closes off
traffic at Pacifica during the commute hours. They cited a need for increased traffic
enforcement because of drivers speeding and running stop signs, endangering pedestrians
including children and seniors, and the impacts of a continuous stream of traffic all day
long. Some speakers said that the study period proposed was not long enough to take into
account commuters who had not yet realized that the barrier was not functional, and that
future development in the neighborhood would only increase the impacts.
Steven Scharf, Somerset Drive
Cliff Hamilton, Pacifica Drive
Kellee Noonan, Farallone Drive
Ram Swaminathan, Pacifica Drive
Paul Bommarito, Martinwood Drive
Arlene Boyd, Clifden Way
Richard Rahn, Farallone Drive
Ken Foot, Farallone Drive
Sophia Sheyma, Pacifica Drive
Doug Boyd, Clifden Drive
The following individuals spoke in favor of removing the traffic barrier. Their reasons
included: That it would provided much faster access for emergency vehicles; that it
would improve access to the many dentists' and doctors' offices at the Town Center; for
local residents; that it was an inconvenience and forced residents to travel farther on other
local streets; that dosing the gate to commuter traffe merely funneled it over to another
street less appropriate for handling the volume. These residents also requested improved
traffic enforcement, and some suggested the use of speed bumps or other traffic calming
measures.
Helene Sizemore, Clifden Way
Nita McGalliard, Clifden Way
Diane Lee, Pacifica Drive
Donald Phillips, Gillick Way
R. T. Parmley, Brittany Court
Fred Schwalbach, Silverado Avenue
Leonard Ezerski, Farailone Drive
Paul Hansen, Silverado Avenue
Jim James, 20387 Gillick Way
In response to a question by City Council, the City Attorney stated it was his opinion that
the device was not legal, since it had not been approved by the State, and that is a
requirement under the vehicle code. He said when it had originally been closed during
commute hours, it was accomplished by having two city employees place and remove
sawhorses twice each weekday, but that was too labor-intensive. Later the device was
installed, and that Council chose to take the legal risk.
May 20, 2002 Cupertino City Council Page 6
James/Sandoval moved/seconded to accept staff's recommendation that the gate not be
repaired. They also moved that staff should identify other traffic control devices in town
and arrange for public input to consider removing those devices as well. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Council asked for a report back on other mitigation measures which might help with the
problem, and that the traffic study be done during the time when the schools are open.
Qualls said that it would be similar to a design study for the safe routes to schools, and he
would bring back information about those costs to Council at their budget study session.
RECESS
At 9:30 p.m., Council recessed. The meeting was reconvened at 9:40 p.m.
STAFF REPORTS - continued
20. Revenue adjustments to the 2001-02 operating budget.
James/Kwok moved and seconded to adopt the revenue adjustments as shown in the
attachment to the staff report.
The total amount of the revenue adjustment was a reduction of $2,876,800. Reductions
in the General Fund revenues included taxes, licenses and permits, use of money and
property, charges for services, miscellaneous revenue, and operating transfers in.
Revenue adjustments were also made to the Housing and Communication Rehabilitation
Loan Fund, the Park Dedication Fund, and Enterprise Funds, including Blackberry Farm,
Sports Center, and the recreation program.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
21.
Consider committing $57,800.00 of general fund money to construct an addition to the
Cupertino High School field house, so that table tennis equipment can be stored on site,
and purchasing table tennis equipment for an additional $9,000.
Parks and Recreation Director Therese Smith explained that the Fremont Union High
School District had conducted a bid opening but the low bidder had withdrawn the bid, so
at this time the information is not current.
Council concurred to continue this item to the June 3 meeting.
23.
Report on City Center Plaza project at the Four Seasons Comer site (southeast comer of
Stevens Creek Boulevard and De Anza Boulevard).
Landscape architect Paul Lettieri made a presentation on the proposed conceptual plan for
the open space at this location.
May 20, 2002 Cupertino City Council Page 7
Public Works Director Ralph Quails explained that the city's bidding requirements and
lead times do not make it possible to complete interim park improvements before the
hotel opens in July. Instead, staff proposes a hearing in early June to change a condition
on the hotel's use permit. Instead of requiring the hotel to pay $30,000 fee toward
pedestrian improvements, they could take responsibility for the interim park.
Tamsen McCracken, representing the Kimpton Group, said their landscape contractor
anticipates being able to complete the park on time. The details about cost still needed to
be worked out. She invited the Council members to a tour of the hotel and said they were
on schedule to open July 2.
Don Bragg, representing the Cupertino City Center Owner's Association, which owns the
open space, and also representing the Verona Apartments, which is adjacent to the open
space. He said that when Council does get ready to adopt the plan for the open space, the
owners association must also approve it. They are still working with the conceptual plan,
and in particular the grove of trees, which is in front of the retail stores. He mentioned the
budget concerns related to the cost of this conceptual plan, and said they are optimistic
that when the apartments open this will be a completed project. Their target date for
opening the apartments is about March or April of 2003.
Council received the report.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
CLOSED SESSION - None
ADJOURNMENT
At 10:50 p.m. the City Council adjourned to a budget advisory study session from 5:00 p.m. to
9:00 p.m. on Tuesday, May 28.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at x~wvw.cupertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
CITY OF
CUPE INO
DRAFT MINUTES
Cupertino City Council, Regular Adjourned Meeting
Conference Room C, 10300 Torte Avenue
Tuesday, May 28, 2002
5:00 p.m.
ROLL CALL
The meeting was called to order at 5:05 p.m. in Conference Room C at City Hall, 10300
Torre Avenue.
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Chang and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members
absent: None
ORAL COMMUNICATIONS - None
CLOSED SESSION
At 5:06 p.m. Council convened in a closed session.
Significant Exposure to Litigation - Government Code Section 54956.9(b)(1),
Settlement of dispute over payment of Housing Mitigation Fees at 10460 Bubb
Road (Mission West Properties, Carl Berg). Purpose of closed session is to meet
with the City Attorney and Director of Community Development.
Pending Litigation - Government Code Section 54956.9(a), City of Cupertino vs.
International Disposal Corporation (IDC), California, case #CV793115. (This
matter arose at~er the posting of the agenda).
Labor negotiations - Government Code Section 54957.6. The purpose of the
closed session is to consult with City's management representatives David Knapp,
Carol Atwood, Ralph Quails, Carol Ferrell, and Sandy Abe, concerning labor
negotiations with Operating Engineer's Local No. 3 and Cupertino City
Employee's Association.
The Council reconvened in open session at 6:23 p.m.
The City Attorney announced that with respect to item number 1, Council authorized
staff to settle the claim based upon the discussions in closed session. With respect to item
number 2, the City Attorney announced that the Council authorized the engagement of
2 May 28, 2002 Cupertino City Council
Shute, Mihaly, and Weinberg as Associate Counsel and that staff would come back with
further information. With respect to item number 3, the City Attorney announced that
Council received information from its representative and gave direction to the
representative as discussed in closed session. -
STUDY SESSION
City Council study session on 2002-2003 budget. This meeting included
discussion of the overall financial picture, Capital Improvement Projects (CIP),
"at-risk" revenues, debt financing, and program options.
Administrative Services Director Carol Atwood reviewed a PowerPoint
presentation that included the following:
· Study session goals
· Budget projections for 2001-02
· Reserve policy as of 12/17/01
· Council policy on CIP reserve
· Budget projection for 2002-03
· Budget assumptions
· General fund revenues
· Revenues "at risk"
· Revenue strategies
· Department operation budgets
· General fund expenditures
· Proposed programs
· Revisiting CIP project scope
· Policy direction
Council briefly discussed the following topics:
· Proposed new programs as outlined on page 12 of the proposed budget
· Debt financing for the library, animal shelter, and to defer property sales
· Enhanced business license enforcement for the flea market, farmer's
market, and community events
· Possible revision to fee waiver policy
· Funding of capital projects
Director of Public Works Ralph Quails reviewed the 5-Year Capital Improvement
Program (CIP).
3 May 28, 2002 Cupertino City Council
ADJOURNMENT
At 9:00 p.m. the meeting was adjourned, to continue the budget study session, on
Monday, June 3 at 4:30 p.m. -
Grace Johnson, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the
meeting are available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be
viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings
are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364.
The study session on May 28 was not televised.
CUPE INO
DRAFT~N~ES
Cupertino City Council, Regular Adjourned Meeting
Monday, June 3, 2002
ROLL CALL
At 4:35 p.m. the mayor called the meeting to order in Conference Room C.
Council members present: Lowenthal, Chang, James, Kwok, Sandoval. Council members absent:
none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and
Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works
Director Ralph Quails, Finance Manager Carol Ferrell, and Deputy City Clerk Grace Johnson.
STUDY SESSION (4:30 p.m.) Conference Room C
City Council study session on 2002-2003 budget. This meeting included discussion of the
overall financial picture, Capital Improvement Projects (CIP), "m-risk" revenues, debt
financing, and program options (continued from May 28).
Administrative Services Director Carol Atwood reviewed the handout titled, "Santa Clara
County City Survey Business License Fees as of 6-3-02 and "City of Cupertino Projected
Business License Revenues as of 6-3-02." She and City Attorney Charles Kilian said they
would look into the equitability of charging a license fee to vendors.
Parks and Recreation Director Therese Ambrosi Smith discussed the handout regarding
the breakdown of fee waivers for various community events.
Public Works Director Ralph Quails reviewed the 5-Year Capital Improvement Program
(CIP) fi.om page 224-225 of the Proposed Budget for 2002-03.
Council discussed the shortfall of funds for the City Center Plaza and options for coming
up with funding. Council directed the Public Works staff to look at the Stevens Creek
Road widening project and the other pedestrian projects to find out how much funding
could be salvaged if the projects were to be deferred or not awarded.
June 3, 2002 Cupertino City Council Page 2
Council discussed the proposed programs from page 12 of the Proposed Budget for 2002-
03 and expressed interest in the following projects:
· Senior Center Bilingual Interns
· We Value Youth
· Multi-Lingual Health Fair
· Lunar New Year Parade
RECESS
Council recessed at 6:34 p.m.
PLEDGE OF ALLEGIANCE
At 6:52 p.m. Mayor Lowenthal called the meeting to order in the City Council Chambers and led
the Pledge of Allegiance.
ROLL CALL
Council members present: Lowenthal, Chang, James, Kwok, Sandoval. Council members absent:
none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and
Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works
Director Ralph Qualls, Recreation Coordinator Kim Frey, Senior Planer Aarti Shrivastava, and
Deputy City Clerk Grace Johnson.
CEREMONIAL MATTERS - PRESENTATIONS
2. Report from the Teen Commission on their accomplishments for 2001-02.
Outgoing Teen Commissioner Maurice Noone reviewed a PowerPoint Presentation titled,
"Teens 'N Tino, The Inaugural Year of Cupertino Teen Commission."
The Council thanked and congratulated the commission on its successful first year.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
June 3, 2002 Cupertino City Council Page 3
ORAL COMMUNICATIONS
Steven Scharf, 20183 Somerset Drive, discussed the Pacifica gate barrier. He said that according
to the California Vehicle Code, barriers on local streets are officially classified as roadway design
features and excluded from the definition of official traffic control devices and therefore the gate
is not illegal. Mayor Lowenthal asked City Attorney Charles Kilian to respond to Mr. Scharf in
writing.
Mark Peebles, 10166 Barbara Lane, discussed the School Board proposal to redraw the Middle
School boundaries and asked Council to get involved in that decision to keep the children of the
Faria Community safe while walking to school.
Jeff Herman, 20350 Stevens Creek Blvd. #518, discussed the City's ordinance regarding the
hours of operation and noise limits for leaf blowers.
CONSENT CALENDAR
Kwok/James moved and seconded to approve the items on the Consent Calendar as
recommended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
3. Accounts Payable: May 17, Resolution No. 02-096.
4. Payroll: May 24, Resolution No. 02-097.
5. Treasurer's Budget Report - April 2002.
6. Application for Alcoholic Beverage License, Cypress Hotel, 10050 S. De Anza Blvd.
Grant of easement, roadway, Ram Vemulapalli, 10225 Orange Avenue, Resolution No.
02-098.
o
Authorizing execution of improvement agreement, Ram Vemulapalli, 10225 Orange
Avenue, Resolution No. 02-099.
o
Accepting quitclaim deed & authorization for underground water rights, Ram
Vemulapalli, 10225 Orange Avenue, Resolution No. 02-100.
10.
Authorizing execution of improvement agreement, Mark Roberts, Tract 9405, Campo de
Lozano, Resolution No. 02-101.
11.
Approval of recommendation from Telecommunications Commission for awarding a
public access grant.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
Mayor Lowenthal re-ordered the agenda to discuss Item 16 next.
I-I.3
June 3, 2002 Cupertino City Council Page 4
16.
Report from the Faria School Site Council requesting that the City Council approve a
pilot program to implement a 30-minute "drop-off" zone on streets adjacent to the school.
Public Works director Ralph Quails reviewed the staff report.
The following individuals were in favor of the pilot program. Their comments included
the following: The program would increase traffic safety for children, increase
neighborhood security with regard to cars parked in the vicinity, and give the Faria
parents the same oppommity to drop off their children as was available at other schools.
They noted that this is a temporary trial period only.
Dolly Travers, 1226 Crescent Terrace (Principle of Faria School)
Suresh Kadiyaza, 21103 Grenola Drive
Sharon Kohlmannslehner, 20416 Via Volante
David Leung, 890 S. Blaney Avenue
Nan-Sing Chuang, Linda Vista Drive
Nellie Lui
S.R. Venkatramanan, 21876 Wilson Court
Jenniffer Kan, 1052 S. Blaney Avenue
Steve Lin, 20770 Cheryl Drive
The following individuals were opposed to the pilot program. Their comments included
the following: The program would increase traffic, pose a neighborhood security risk of
property damage, cause enforcement issues from De Anza College students parking in the
neighborhood, and legitimize what is already being done illegally by parking in a permit
area.
Susan Chen, 20910 Pepper Tree Lane
Hongyan (Helen) Jiang, 20896 Pepper Tree Lane
Sharon Lu, 20851 Scofield Drive
Mark Peebles, 10166 Barbara Lane
Gang Qiu, 20910 Pepper Tree Lane
Lucille Honig, 20745 Scofield Drive
Edward J. Britt, 20850 Pepper Tree Lane
Stephen O'Brien, 10222 Barbara Lane
Rose Chang, 20971 Pepper Tree Lane
John Tong
Deepak Viswanath, 10195 Bonny Drive
James/Kwok moved and seconded to approve staff's recommendation of a temporary, 30-
minute drop-off zone as shown in the staff report during the hours specified below. Vote:
Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Mon-Fri: 8-9 a.m.
Mon, Wed, Thur, Fri: 2:30-3:30 p.m.
Tues: 1:30-2:30 p.m.
June 3, 2002 Cupertino City Council Page 5
RECESS
Council was in recess from 8:45 p.m. to 8:50 p.m. Council member James left after the
conclusion of item 12 and was absent for the rest of the meeting.
PUBLIC HEARINGS
12. Kimpton Hotel:
Amending condition number 30 of Use Permit 05-U-00, Kimpton Hotel, 10050 S.
De Anza Boulevard, regarding contributions to a pedestrian crossing, Resolution
No. 02-102
b).
Authorization for the City Manager to negotiate and execute a cost
sharing agreement with Kimpton Hotel Properties to contribute up to $10,000 to
the cost of the interim improvements on Four Seasons comer, Resolution No. 02-
103
Public Works Director Ralph Qualls reviewed the staff report.
At 8:55 p.m. the public hearing was opened. No speakers were heard and the public
hearing was closed.
Chang/Sandoval moved and seconded to adopt Resolution No. 02-102. Vote: Ayes:
Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James.
Chang/Sandoval moved and seconded to adopt Resolution No. 02-103. Vote: Ayes:
Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James.
13.
City of Cupertino operating budget and Capital Improvement Program (CIP) budget for
2002-03.
Administrative Services Director Carol Atwood reviewed the budget for 2002-03 via a
PowerPoint presentation. The topics included budget projections, reserve policy, Capital
Improvement (CIP) reserve, budget assumptions, general fund revenues, revenues at risk,
revenue strategies, department operating budgets, general fund expenditures, proposed
programs, revisiting CIP project scope, and policy direction.
At 9:05 p.m. the public hearing was opened. No speakers were heard and the public
heating was closed. Council received the report.
June 3, 2002 Cupertino City Council Page 6
PLANNING APPLICATIONS
14.
Authorization for a General Plan Amendment to locate a church in an existing office
building at 10051 Pasadena Avenue, Application No. GPA-2002o01.
Senior Planner Aarti Shrivastava reviewed the staff report.
The applicant, David Chuj, 10051 Pasadena Avenue, further described the project.
Kwok/Chang moved and seconded to authorize a public hearing for a General Plan
Amendment as recommended. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes:
None. Absent: James.
UNFINISHED BUSINESS
NEW BUSINESS
15.
Reappointment of Joseph Walton to the Valley Transportation Authority Bicycle
Pedestrian Advisory Committee.
Public Works Director Ralph Qualls reviewed the staff report.
Sandoval/Chang moved and seconded to reappoint Joseph Walton, direct the Mayor to
send a letter to the VTA Board regarding the reappointment, and direct the Director of
Public Works to draft the letter. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes:
None. Absent: James.
17.
18.
19.
First reading of Ordinance No. 1897: "An Ordinance of the City Council of the City of
Cupertino Amending Chapters 3.22 and 3.23 of the Cupertino Municipal Code Regarding
the Purchasing of Supplies, Equipment and Services."
City Attomey Charles Kilian reviewed the ordinance.
The Deputy City Clerk read the title of the ordinance. Kwok/Sandoval moved and
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the only reading thereof. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval.
Noes: None. Absent: James.
Consider cancellation of the August 5, 2002 regular City Council meeting.
Chang/Kwok moved and seconded to cancel the meeting of August 5. Vote: Ayes:
Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James.
Confirm time of Teen Commission interviews scheduled for Wednesday, June 19.
Council confirmed the interviews would begin at 5:00 p.m. on June 19.
June 3, 2002 Cupertino City Council Page 7
ORDINANCES
20.
Second reading of Ordinance No. 1895: "An Ordinance of the City Council of the City of
Cupertino Adopting Chapter 2._ of the Cupertino Municipal Code Establishing the
Bicycle Pedestrian Commission."
The Deputy City Clerk read the title of the ordinance. Kwok/Chang moved and seconded
to read the ordinance by title only, and that the City Clerk's reading would constitute the
second reading thereof. Vote: Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes:
None. Absent: James.
Kwok/Chang moved and seconded to enact Ordinance No. 1895. Vote: Ayes: Chang,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: James.
STAFF REPORTS
21.
Consider committing $57,800.00 of general fund money to construct an addition to the
Cupertino High School field house so that table tennis equipment can be stored on site,
and to purchase table tennis equipment for an additional $9,000 (continued from May 20).
Parks and Recreation Director Therese Ambrosi Smith reviewed the staff report. Council
concurred to continue the item to the first available City Council meeting alter the new
bidding results are available and directed staff to compare the field house option to the
sports center option in terms of hours, number of tables, days of the week, and cost.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
CLOSED SESSION
ADJOURNMENT
At 9:55 p.m. the meeting was adjourned.
Grace Johnson, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
DRAFT
RESOLUTION NO. 02-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
MAY 24, 2002
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the mounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 day of June ., 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
os/23/o2
AC~ING PEAIOD: 11/02
SET.~.C't'TION CRITERIA: granNa¢~.gra_da.[e be[we~n "05/20/2002" nd "05/24/2002"
FUND - 110 - G]~AL FUND
CASH ACCT CHECK NO
1020 593172
1020 593172
TOTAL CHECK
1020 593173 05/24/02 2328
1020 593173 05/24/02 2328
1020 593174 05/24/02 2110
1020 593175 05/24/02 2566
1020 593176 05/24/02 26
1020 593177 05/24/02 29
1020 593178 05/24/02 918
1020 593179 05/24/02 1532
1020 593180 05/24/02 M2002
1020 593181 05/24/02 57
1020 593181 05/24/02 57
TOTAL CHECK
1020 593182 05/24/02 2504
1020 593183 05/24/02 968
1020 593183 05/24/02 968
1020 593183 05/24/02 968
1020 593183 05/24/02 968
1020 593183 05/24/02 968
TOTAL CHECK
1020 593184 05/24/02 2684
1020 593185 05/24/02 M2002
1020 593186 05/24/02 92
1020 593187 05/24/02 100
1020 593188 05/24/02 106
1020 593189 05/24/02 1066
1020 593190 05/24/02 1273
1020 593191 05/24/02 809
1020 593191 05/24/02 809
CITY OF CUPERTI/~O
CHECK ~EGISTER - DISBU~S~4ENT FUND
ISSUE DT .............. VENDOR ............. FUND/DEFT
05/24/02 1695 3M 2708404
05/24/02 1695 3M 2708404
A/C SERVICE & DESIGN CO. 1108503
A/C SERVICE & DESIGN CO. 1108503
ABC BACKFLOW TESTING REP 1108314
TO~AIDALA 4239222
A/R FILTEK CONTROL INC 1108501
LYNNE DIANE AITiG~N 5706450
ALAMO WORLD TRAVEL ANDT 5506549
ALOTTA'S DELICATESSEN 2204011
AMERICAN WATCH CO. 1106343
ARAMARK 110~510
ARAMARK 1104510
A~TNE-LORP. AINE BAHI 5706450
BA~ AUTO PA~TS 6308840
BAP AUTO PARTS 6308840
BAP AUTO PARTS 6308840
BAP AUTO FARTS 6308840
BAP AUTO PARTS 6308840
BA~BEQUES GALORE 4249210
BEPJG~Y TABLE TENNIS CLU 5706450
BEST OF COUPONS 5706450
BMI IMAGING SYSTEMS 1104300
BRIDGE WIRELESS/RADIO CO 1108503
BROWNING-FERRIS INDUSTRI 5208003
BSN/PASSON*S/GSC SPORTS 5606620
CALIFORNIA SPORT D~SIGN 5606600
CALIFORNIA SPORT DESIGN 5806249
..... DESCRIPTION ......
SUPPLIES 8247
SUPPLIES 8247
TIME/MATERIALS
TIME/MATERI;tLS
C[~F2tNBACKFLOW DEVICE
S~VIC~ A~7~EEM]~{T FOR
PARTS/SUPPLIES
S[I{VICE AG~EEMEN? FOR
ADD'L 5 XTRA PEOPLE
TLT DINNER CATERING
TEEN CO~WEBSITE
COFFEE SERVICE'
EMPLOYEE COFFEE SERVIC
SERVICE AGREEMENT FOR
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN FURC
FY 2001-2002 OPE~ PURC
CA/~TN COOK 5 BU~5~ER
STIGATABLE TENNIS TBL
FY 2001-2002 OPEN PU~C
FY 2001-2002 OPEN PURC
PARTS/SUPPLIES 8251
RECYCLA~LES/CO~4APR02
MISC SPORTS SUPPLIES
40 YRS OF FUN T-SHIRTS
40 Y~S OF FUN T-SHIRTS
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PA~E i
243.56
214.34
457.90
740.37
354.00
1094.37
125.00
10690.20
467.08
150.00
335.00
2070.60
29.92
5~- 68
67=.58
150.00
74.41
12.47
38.95
32.73
41.55
200.11
577.36
600.00
1500.00
77.29
583.46
4843.90
751.96
226.50
F ~6
RUN DATE 05/23/02 TIME 17:06:26
- FINANCIAL ACCOUNTING
05/23/02 czTy oP cvP~TU~o
ACCOUNTING PERIOD: 11/02 CHECK RRGZSTER - D~B~ ~
TION ~I~IA: =ra~ac~.=r~_~e ~=we~ '05/20/2002" ~d "05/24/2OO2"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593191 05/24/02 809
1020 593191 OS/24/02 809
1020 593191 05/24/02 809
1020 593191 05/24/02 809
CALIFORNIA SPORT DESIGN 5506549
CALIFORNIA SPORT DESIGN 5806449
CALIFORNIA SPORT DESIGN 1106343
CALIFORNIA SPORT DESIGN 1106342
1020 593192
05/24/02 1145 CALIFORNIA SURVEYING & D 4239222
1020 593193
1020 593193
TOTAL CHECK
05/24/02 2232 CARIAGA, LOURDES 110
05/24/02 2232 CARIAGA, LOURDES 110
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
I020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
1020 593194 05/24/02 148 CASH
TOTAL CHECK
i 593195 05/24/02 149 CASH
1020 593195 05/24/02 149 CASH
1020 593195 05/24/02 149 CASH
1020 593195 05/24/02 149 CASH
1020 593195 05/24/02 149 CASH
TOTAL CHECK
1108406
1108315
1108501
1108201
1108312
1106830
1108407
1108503
2708404
1104400
1104510
1104310
2204010
1107501
1020 593196
1020 593197
1020 593197
TOTAL CHECK
05/24/02 2136
o5/24/o2 lO57
05/24/02 1057
CENTRAL COMPUTER 6104800
CERIDIAN BENEFITS S~RVIC 110
CERIDIAN BENEFITS SI~RVIC 110
1020 593198
05/24/02 1156 CHA 110
1020 593199
05/24/02 M~2002 CHRISTIAN, KELSEY 5806349
1020 593200
05/24/02 1453 CHRISTOPHERS CARPET SERV 1108505
1020 593201
05/24/02 M (~IUK, OIPING 580
1020 593202
05/24/02 1756 CITY OF SUNNYVALE-UTILIT 1108511
1020 S93203
1020 593204
102.__Q 593204
~ 593204
05/24/02 2119
05/24/02 173
05/24/02 173
05/24/02 173
C~TA:CALIFMUNICIPALBU 1104200
COCA-COLA BOTTLING OF CA 5706450
COC~-COLABOTTLINGOF CA 5706450
COCA-COLABOTTLINGOF CA5706450
..... DESCRIPTION ......
40 YRS OF FUN T-SHIRTS
40 YRS OF FlINT-SHIRTS
SKATE T-SHIRTS
40 YRS OF FUN T-SHIRTS
SUPPLIES
PETTY CASH 5/06-5/21
P~-l-*'g CASH 5/06-5/21
PETTY CASH 5/06-5/21
P~fTYCASH 5/06-5/21
P~1-£~ CASH 5/06-5/21
P~-l-l'~ CASH 5/06-5/21
PRTTY CASH 5/06-5/21
PETTY CASH 5/06-5/21
P~-l-r~ CASH 5/06-5/21
P~'l-l'f CASH 5/13-5/21
PETTY CASH 5/13-5/21
PETTY CASH 5/13-5/21
P~'z-~'f CASH 5/13-5/21
PETTY CASH 5/13-5/21
SUPPLIES 16444
*FLEX DEP
*FLEX HLTH
CHA
CANDY FOR DANCE
TINE/MATERIALS
REFUND #112252
3/08-5/14
M~ERSHIP RENWL
P'Y 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 2
355.17
186.30
854.35
1073.59
3329.17
103.92
306.50
103.84
410.34
11.88
2.70
14.00
13.12
5.00
17.23
16.00
7.45
70.64
158.02
40.78
41.00
19.65
75.79
76.36
251.58
162.32
165.40
426.94
592.34
132.00
71.53
120.00
11.00
8.23
60.00
584.60
2~2.30
406.50
RUN DATE 05/23/02 TIME 19:06:26
- FINANCIAL ACCOUNTING
05/23/02
ACCOUNTING PERIOD: 11/02
CITY OF CUPERTINO
CHECK REGISTER - DISBURSI~ENT
SELECTION CRITERIA: cransac~.crans_dace between "05/20/2002" and "05/24/2002"
FUND - 110 - GEITERAL FUND
ISSUE DT .............. VENDOR ............. FUND/DEPT.
COCA-COLAUSA 5606620
COCA-COLAUSA 5606620
COCA-COLAUSA 5606620
COCA-COLAUSA 5606620
COCA-COLAUSA 5606620
COCA-COLAUSA 5606620
COTTON SHIRES & ASSO INC 1108101
CU~I~ING HENDERSON TIRE
6308840
DAY-TIMERS, INC. 1106500
DELL MARKETING L.P.
DELL MARKETING L.P.
DELL F~%RKETING L.P.
DELL FdLRKETING L.P.
6104800
6104800
6104800
6104800
DESILVA GATES CONSTRUCTI 2709450
DISTRICT ATTOPdqEY TRUST 110
DLT SOLUTIONS INC 6109853
ECONOLITE CON~fROL PRODUC 1108602
ELESC0:EMERGENCY LIGHTIN 1108504
ELESC0:EMERGENCY LIGHTIN 1108504
F24PLOYMENT DEVEL DEPT 110
EMPLOIqV~RT DEVELOPP~q'T 110
ENGINEERING DATA SERVICE 110
EV~uNS WEST VA?.T.~Y SPRAY 1108315
FAMILY SUPPORTTRUSTEE 110
FEDERAL EXPRESS CORP 5208003
FIDELITY NATIONAL TITLE 1101500
FIELD PAOLI ARCHITEC'ZTIRE 4269212
FIRST PLACE INC 2204010
CASH ACCT CHECK N0
TOTAl, CHECK
1020 593205 05/24/02 175
1020 593205 05/24/02 175
1020 593205 05/24/02 175
1020 593205 05/24/02 175
1020 593205 05/24/02 175
1020 593205 05/24/02 175
TOTAL CHECK
1020 593206 05/24/02 183
1020 593207 05/24/02 1407
1020 593208 05/24/02 M2002
1020 593209 05/24/02 1838
1020 593209 05/24/02 1838
1020 593209 05/24/02 1838
1020 593209 05/24/02 1838
TOTAL CHECK
1020 593210 05/24/02 1983
1020 593211 05/24/02 1994
1020 593212 05/24/02 2113
1020 593213 05/24/02 2128
1020 593214 05/24/02 1912
1020 593214 05/24/02 1912
TOT;iL C~ECK
1020 593215 05/24/02 242
1020 593216 05/24/02 243
1020 593217 05/24/02 234
1020 593218 05/24/02 251
1020 593219 05/24/02 258
1020 593220 05/24/02 260
1020 593221 05/24/02 2687
1020 593222 05/24/02 2304
1020 593223 05/24/02 262
RUN DATE 05/23/02 TIME 17:06:27
..... DESCRIPTION ......
FOUNTAIN MACEINE LEASE
FOUNTA/N MACHINE LEASE
FOUNTAIN MACEINE LEASE
FOUNTAIN MACHINE LEASE
FOIHTTA.TN MACHINE LEASE
FOUNTAIN MACHINE LEASE
SERV 1/09-4/04/02
FY 2001-2002 OPEN PURC
CALENDAR OCT-OCT2003
POWER EDGE 350 850 MHZ
DELL INSPIRON 8100 128
POWER EDGE 350 850 MHZ
DELL INSPIRON 8100 128
PUBLIC WORKS CONTRACT
C4%RNISH]~q'T
MAPGUIDE 6 SOFTWARE SU
EPrfRAC RECEIVER SYSTEM
PARTS/SUPPLIES
PARTS/SUPPLIES
SIT
SDI
P~%ILING NOTICES 5/13-1
TREE SPRAY CREEKSIDE
CSGARNSMNT
COURIER SERVICE
PRELIM TITLE REPORT
SERVICE AGREEMENT FOR
LEADERSHIP GRAD GIFTS
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 3
AMOUNT
1203.40
21.65
21.65
21.65
21.65
21.65
27.06
135.31
1871.25
557.12
31.78
891.99
2923.86
173.20
305.27
4294.32
479-
23.08
8027.82
5256.90
14.70
24.00
38.70
16387.71
893.60
744.07
2500.00
352.62
18.87
395.00
3062.68
1 ql
ACCOUNTING PERIOD: 11/02 (~(~ P.~GIST~R - DI~'~R~T FU~D
SF *!ON CRITERIA: cransact.=rans_da=e be=ween "05/20/2002" and "05/24/2002"
FUND - 110 - GENEPu%L FUND
CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
DESCRIPTION
SALES TAX
1020 593224
1020 593225
1020 593225
TOTAL
05/24/02 2659
05/24/02 268
05/24/02 268
1020 593226 05/24/02 2685
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
1020 593227 05/24/02 281
TOTAL CHECK
1020 S93228 05/24/02 1741
1020 593229 05/24/02 298
if-' 593229 05/24/02 298
lA 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
1020 593229 05/24/02 298
TOTAL CHECK
1020 593230 05/24/02 899
1020 593230 05/24/02 899
1020 593230 05/24/02 899
1020 593230 05/24/02 899
1020 593230 05/24/02 899
TOTAL CKECK
1020 593231 05/24/02 314
1020 593232 05/24/02 2522
1020 593233 05/24/02 327
! 593234 05/24/02 2667
FLAGS OVER AMERICA INC. 1108501
FOSTER BROS SECURITY SYS 1102403
FOSTER BROS SECURITY SYS 2708405
FUEL Q~ALITY MANA~EM~qT 6308840
GARDENLAND 6308840
GARDENL4~TD 1108312
GARDENLAND 1108408
GARD~ 6308840
GAR.D~ 6308840
~ENLAND 6308840
GA.R.DENLAND 6308840
GARDENLAND 6308840
GOVCONNECTION, INC. 6104800
GRAINGER INC 6308840
GRAINGER INC 2708405
GRAI~G~R INC 1108303
GRAINGER INC 1108830
GRAINGER INC 6308840
GRAINGER INC 1108501
GRAINGER INC 1108504
GRAINGER INC 1108504
GRAINGER INC 1108504
GRAINGER INC 1108503
GRAINGER INC 1108507
GRAINGER INC 1108501
GRAINGER INC 1108501
(~,%INGER INC 6308840
GU~ZARDO & ASSOCIATES IN 2709446
GUZZARDO & ASSOCIATES IN 4259313
GUZZARDO & ASSOCIATES IN 4259313
GUZZARDO & ASSOCIATES IN 4259313
GUZZARDO &ASSOCIATES IN 4259313
H.V. CARTER CO INC 6308840
LYNN HE~r.~, 5506549
~?.?~ DIRECT INC 1108507
HILTON FARNKOPF & HOBSON 5208003
FLAG SETS
TIME/MATERIALS
SUPPLIES 27144
PARTS/SUPPLIES
WRON~ACCT #
SUPPLIES 8265
SUPPLIES 8282
FY 2001-2002 OP~/q PURC
WRONG ACCT #
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
HP NO 80 PRINT CATRIDG
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PLTRC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
PARTS/SUPPLIES 8277
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
PARTS/SUPPLIES
S~RVICE AGREEM~qT FOR
SERVICE AGREEMENT FOR
SERVICE ~REEMENT FOR
SERVIC~ AGREEMENT FOR
SERVICE AGREEMENT FOR
PARTS 8264
SERVICE AGREEMENT FOR
PARTS 10774
SERVICE AGREEMENT FOR
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
619.20
1137.83
49.96
1187.79
1143.35
11.53
518.10
43.47
11.53
-11.53
406.51
17.66
49.23
1046.50
835.25
7S.17
71.20
71.20
71.19
53.27
67.29
34.39
74.82
74.82
219.45
74.82
149.64
43.57
425.16
1505.99
2260.00
4248.56
1665.44
7262.50
2103.88
17540.38
239.03
260.00
557.23
5464.17
RUN DATE 05/23/02 TIME 17:06:28
- FI1%%NCIAL ACCO0~TIN~
05/23/02 CITY OF CUPERTINO PAGE 5
ACCOUNTING PERIOD: 11/02 CT{ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between -05/20/2002" and "05/24/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 593235 05/24/02 2612
1020 593236 05/24/02 334
1020 593237 05/24/02 1898
1020 593237 05/24/02 1898
1020 593237 OS/24/02 1898
1020 593237 05/24/02 1898
1020 593237 05/24/02 1898
TOTAL CHECK
1020 593238 05/24/02 337
1020 593239 05/24/02 343
1020 593240 05/24/02 1847
1020 593241 05/24/02 1981
1020 593242 05/24/02 1122
1020 593243 05/24/02 369
1020 593243 05/24/02 369
TOTAL CHECK
1020 593244 05/24/02 807
1020 593245 05/24/02 372
1020 593245 05/24/02 372
TOTAL CHECK
1020 593246 05/24/02 2503
1020 593247 05/24/02 385
1020 593247 05/24/02 385
1020 593247 05/24/02 385
1020 593247 05/24/02 385
TOTAL C~ECK
1020 593248 05/24/02 390
1020 593249 05/24/02 1396
1020 593250 05/24/02 ME2002
1020 593251 05/24/02 1378
1020 593252 05/24/02 1602
1020 593253 05/24/02 1868
RON~ H~k%T~ 5506549
HOME DEPOT/GECF 1108504
HORIZON 1108312
HORIZON 1108312
HORIZON 1108303
HORIZON 1108312
HORIZON 1108303
HUSBANDS & ASSOCIATES 5208003
IC~ RETIP~ TRUST-45 110
THE IDEA BROKERS 5606620
IN%~,RSTATE TRAFFIC CONTR 2708404
JOHNSTON SUPPLY 1108507
KELLY-MOORE PAINT CO INC 1108314
KELLY-MOORE PAINT CO INC 1108505
CHA~S KILIAN 1101500
KINKO'S INC 5806649
KINq(O'S INC 1106647
CURTIS KONNO 5706450
LAB SAFETY SUPPLY 1108503
LAB SAFETY SUPPLY 1108503
LAB SAFE~I SUPPLY 1108503
LAB SAFETY SUPPLY 1108503
LAWSON PRODUCTS INC 2708405
LIEBERT CASSIDY & FRIERS 1104511
LOOMIS, MIKE 1108201
RICAR/)O MARTII~EZ 5706450
MBIAM~3NISERVICES COMPAN 1100000
METRO MOBILE CO~4UNICATI 1108507
..... DESCRIPTION ...... SALES TAX
SERVICE AGREEMENT FOR 0.00
SUPPLIES 22477 0.00
FY 2001-2002 OPEN PD'RC 0.00
FY 2001-2002 OPEN PURC 0.00
FY 2001-2002 OPEN PURC 0.00
FY 2001-2002 OPEN P~3RC 0.00
FY 2001-2002 OPEN PURC 0.00
0.00
PARTS/SUPPLIES 0.00
*ICMA 0.00
CASUAL WIND SHIRT AND 0.00
SUPPLIES 8283 0.00
PARTS 8272 0.00
SUPPLIES 27180 ' 0.00
SUPPLIES 8286 0.00
0.00
PARKING IDC/LITIGATION 0.00
SUPPLIES 25056 0.00
SUPPLIES 25070 0.00
0.00
SERVICE AGREEM~/TT FOR 0.00
PARTS/SUPPLIES 0.00
SUPPLIES 8267 0.00
PARTS/SUPPLIES 0.00
PARTS/SUPPLIES 0.00
0.00
PARTS 8285 0.00
SERVICES 4/12-4/15 0.00
ADDITIONAL AIR FARE 0.00
FY 2001-2002 OPEN PURC 0.00
S.TAX AUDIT 4TH QTR 0.00
PARTS/SUPPLIES 0.00
AMOUNT
150.00
36.45
152.99
923.28
2497.56
482.46
211.65
4267.94
4993.51
6075.55
566.62
466.56
269.22
4
469.99
18.00
48.23
30.01
78.24
120.00
369.81
193.26
340.50
502.97
1406.54
109.32
1087.50
57.50
155.00
13700.63
RUN DATE 05/23/02 TIME 17:06:29
FINANCIAL ACCOUNTING
05/23/'02 ¢i'TY OH CUP~?INO PAGE
ACCOUNTING PERIOD: 11/02 CHECK R~GISTER - DISBURSEMENT F~ND
F:-- TION CRITERIA: transact.ir&ns_date between "05/20/2002" and "05/24/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020 593253
1020 593253
TOTAL CHECK
1020 593254
1020 593255
1020 593255
1020 593255
TOTAL O~CK
1020 593256
1020 593256
TOTAL CHECK
1020 593257
1020 593258
1020 593259
1020 593259
TOTAL CHECK
593260
1020 593261
1020 593262
1020 593263
1020 593264
1020 593265
1020 593266
1020 593266
1020 593266
1020 593266
1020 593266
TOTAL C~ECK
1020 593267
1020 593268
1020 593269
1020 593270
1020 593270
/ 593270
ISSUE DT .............. VENDOR ............. FUND/DEFT
05/24/02 1868 METRO MOBILE C0~9~UNICATI 1108504
05/24/02 1868 METRO MOBILE CO{~4~3NICATI 6308840
05/24/02 439
05/24/02 940
05/24/02 940
05/24/02 940
05/24/02 444
05/24/02 444
05/24/02 2567
05/24/02 470
05/24/02 471
05/24/02 471
05/24/02 473
05/24/02 475
05/24/02 302
05/24/02 480
05/24/02 2206
05/24/02 M2002
05/24/02 493
05/24/02 493
05/24/02 493
05/24/02 493
05/24/02 493
05/24/02 495
05/24/02 SOl
05/24/02 507
05/24/02 833
05/24/02 833
05/24/02 833
MICHAELS STORES, INC.
MILPITAS MOWERS INC
MILPITAS MOWERS INC
MILPITAS MOWERS INC
5806349
6308840
6308840
6308840
MINTON'S LD~BER 1108312
MILTON'S LUMBER 1108501
MISDU 110
MUSSON THEATRICAL 1103501
MYERS TIRE SUPPLY COMPAN 6308840
MYERS TIRE SUPPLY COMP;tN 6308840
NASER DISTRIBUTORS INC 5606620
NATIONAL CONSTRUCTION RE 1108312
NATIONAL DEFERRED COMPEN 110
NELEEN ENGINEERING 2159620
O.K. FIRE EQUIPMENT COMP 1104400
OBERHOFER, JIM 1104400
OFFIC~ DEPOT 1108601
OFFICE DEPOT 5806349
OFFICE DEPOT 1108101
OFFICE DEPOT 1104510
OFFICE DEPOT 5806449
OFFICE HELPER 1106100
OPERATING ENGINEERS #3 110
DAN OSBORNE DBA:OSBOP~NE 1108830
P E R S 110
P B R S 110
P E R S 110
..... DESCRIPTION ......
PARTS/SUPPLIES
MOBILE RADIO UNITS D66
SALES TAX
0.00 730.69
0.00 1050.23
0.00 2511.61
SUPPLIES 25015 0.00 38.84
PARTS 82S7 0.00 109.92
PARTS 24463 0.00 33.61
PARTS/SUPPLIES 24461 0.00 38.24
0.00 181.77
PARTS/SUPPLIES 24312
PARTS/SUPPLIES 15631
0.00 41.85
0.00 33.55
0.00 75.40
0.00 223.00
0.00 797.64
0.00 14.00
0.00 19.95
0.00 33.95
CSGARNS~T
RENTAL OF EQUIPMENTS F
PARTS 24457
PARTS 24457
FY 2001-2002 OPE~ PURC 0.00 999.18
RENTAL 5/1-5/28 0.00 41.65
*NAT'L DEF 0.00 17748.37
SERVICE AGREEMENT FOR 0.00 4900.00
LABOR/MATERI~LS 0.00 145.26
INSTALLATION 0.00 299.00
OFFICE SUPPLIES 0.00 19.43
OFFICE SUPPLIES 0.00 356.20
OFFICE SUPPLIES 0.00 77.33
OFFICE SUPPLIES 0.00 6.47
OFFICE SUPPLIES 0.00 192.27
0.00 651.70
0.00 83.42
0.00 572.40
0.00 5600.00
0.00 327.28
0.00 117.18
0.00 24175.69
OFFICE SUPPLIES
UNION DUES
LABOR AND MATERIALS TO
'PERS BYBK
PERS 1959
PERS EMPLY
RUN DATE 05/23/02 TIME 17:06:29
FINANCIAL ACCOUNTING
05/23/02
ACCOUNTING PERIOD: ~.1/02
CITY OF CUPERTINO
CHECK REGISTER - DISBUP~EMENT FUND
SELECTION CRITERIA: transact.trans_date between "05/20/2002" and "05/24/2002"
FUND - 110 - GE/~ERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593270 05/24/02 833 P E R S 110
1020 593270 05/24/02 833 P E R S 110
1020 593270 05/24/02 833 P E R S 110
TOTAL CHECK
1020 593271 05/24/02 511 PACIFIC BELL 1108501
1020 593271 05/24/02 511 PACIFIC BELL 1108505
1020 593271 05/24/02 511 PACIFIC BELL 1108501
1020 593271 05/24/02 511 PACIFIC BELL 5606620
1020 593271 05/24/02 511 PACIFIC BELL 1108504
1020 593271 05/24/02 511 PACIFIC BELL 1101500
1020 593271 05/24/02 511 PACIFIC BELL 1108501
1020 593271 05/24/02 511 PACIFIC BELL 1101500
1020 593271 05/24/02 511 PACIFIC BELL 5708510
1020 593271 05/24/02 511 PACIFIC BELL 1108505
1020 593271 05/24/02 511 PACIFIC BELL 6104800
1020 593271 05/24/02 511 PACIFIC BELL 1108505
1020 593271 05/24/02 511 PACIFIC BELL 1108504
1020 593271 05/24/02 511 PACIFIC BELL 5708510
1020 593271 05/24/02 511 PACIFIC BELL 1108503
1020 593271 05/24/02 511 PACIFIC BELL 1108503
TOTAL CHECK
1020 593272 05/24/02 520 PAPERDIRECT INC 1106343
1020 593273
05/24/02 2686 PARTITION SPECIALTIES, I 1108505
1020 593274 05/24/02 526
1020 593274 05/24/02 526
1020 593274 05/24/02 526
TOTAL CHECK
PENINSULA DIGITAL IMAGIN 110
PENINSULA DIGITAL IMAGIN 1108101
PENINSULA DIGITAL IMAGIN 4209528
1020 593275
05/24/02 533 PERS LONG TERM CARE PROG 110
1020 593276
1020 593276
1020 593276
1020 593276
TOTAL CHECK
05/24/02 537 PETPRO PRODUCTS INC 1108303
05/24/02 537 PETPRO PRODUCTS INC 1108315
05/24/02 537 PETPRO PRODUCTS INC 1108314
05/24/02 537 PETPRO PRODUCTS INC 1108302
1020 593277
05/24/02 541 ROBIN PICKEL 5706450
1020 593278
05/24/02 544 PIP PRINTING 5208003
1020 593279
05/24/02 509 PW SUPERMARKETS INC 5806649
1020 593280
05/24/02 569 R.R.F. INC 1108601
1020 593281
05/24/02 1406 RAINES CHEVORLET 6308840
1020 593282
05/24/02 2414 RECREATION SUPPLY CO INC 5606620
..... DESCRIPTION ......
*PERS BYBK
PEPS BUYBK
PEPS SPEC
S/07-6/06
5/07-6/06
5/07-6/06
5/07-6/06
S/07-6/06
5/07-6/06
5/07-6/06
5/o7-6/o6
S/07-6/06
5/07-6/06
5/07-6/06
5/07-6/06
5/07°6/06
5/07-6/06
5/07-6/06
5/07-6/06
SUPPLIES 15683
MODERNFOLD SERVICE
T~ACT MAP 9410
BOND PAPER
LRG FORMAT BOND COPY
PERS LTC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
SERVICE AGREEMENT FOR
SUPPLIES 16684
SUPPLIES 25057
CALIBRATE GUN 16698
FY 2001-2002 OPEN PURC
SUPPLIES 15755
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 7
180.14
37.52
128.70
24966.51
89.51
55.25
89.53
89.54
490.80
89.54
245.41
245.41
89,54
89,54
259.33
245.41
89.54
245.40
245.40
89.54
2748.69
380.00
88.25
39.49
57.64
185.38
159.24
1091.36
1091.36
1091.36
1091.36
4365.44
585.00
175.29
13.34
65.00
88.75
RUN DATE 05/23/02 TIME 17:06:30
- FINANCIAL ACCOUNTING
05/23/02 ClT~ OF C'~'~RTINO
ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT Flied
F HION CRITERIA: =ransac~.=rans_da~e between "05/20/2002" and "05/24/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
DESCRIPTION
SALES TAX
PAGE 8
1020 593283 05/24/02 2608 ERIC RENAGHAN 5706450
1020 593284 05/24/02 844 ROTARY 1104001
1020 593284 05/24/02 844 ROTARY 1104000
1020 593284 05/24/02 844 ROTARY 1101200
1020 593284 05/24/02 844 ROTARY 1101500
1020 593284 05/24/02 844 ROTARY 1101000
TOTAL CI~ECK
1020 593285
1020 593286
1020 593286
TOTAL CHECK
1020 593287
1020 593288
1020 593289
~ 593290
1020 593291
1020 593292
1020 593292
1020 593292
1020 593292
1020 593292
1020 593292
TOTAL CHECK
1020 593293
1020 593294
1020 593295
1020 593296
1020 593297
1020 593297
TOTAL C~ECK
1020 593298
1020 593299
1020 593299
593299
05/24/02 606 JOYCE RUSSUM 5706450
05/24/02 1230 SAF~CHECKS 1104100
05/24/02 1230 S;~C~CKS 1104100
05/24/02 2506
05/24/02 633
05/24/02 M2002
05/24/02 1919
05/24/02 637
05/24/02 639
05/24/02 639
05/24/02 639
05/24/02 639
05/24/02 639
05/24/02 639
05/24/02 2250
05/24/02 652
05/24/02 2629
05/24/02 877
05/24/02 2671
05/24/02 2671
05/24/02 891
05/24/02 2661
05/24/02 2661
05/24/02 2661
DORIS SALGADO 5706450
SANTACLARACOUNTY SHERI 5606620
SANTA CLARA VAT~RY AUDUB 1106647
SANTA C~VA?~.RYTRANS 550D000
SARATOGA BUILDERS 4249210
SAVIN CORPORATION (COPIE 5706450
SAVIN CORPORATION (COPIE 5806349
SAVIN CORPORATION (COPIE 5506549
SAVIN CORPORATION (COPIE 1104310
SAVIN CORPORATION (COPIE 5806249
SAVIN CORPORATION (COPIE 5806449
SIERRA LUMBER & FENCE 1108407
SIERRA SPRINGS WATER CO. 1101500
SHERRY WITT SNOW 5706450
SOUTH~LU~ER CO 1108501
SPECTR~ AQUATICS 5606620
SPECTR%~4 AQUATICS 5606620
JOAN SPITSEN 5506549
SPOT WATERMANAGEMENT 5606640
SPOT WATERMANAGEI~qT 5609105
SPOT WAT~RMANAGEMENT 5609105
SERVICE AGREEMENT FOR
GUESTS/JAR-JUNE
ATWOOD/JAN- JUNE
KNAPP/JAN - JUN~
KILIAN/JAN-JUNE
jAMES/KWOK JAN-JUNE
SERVICE AGREEMENT FOR
P/R CHECK STOCK
SERVICE AGREEMENT FOR
GR~RKEASTER EVENT 5/0
BOOKS
MAY2002 F.PASS 'STICKER
PER SCOPE OF WORK REMO
#15060106 3/08-6/08/02
#15060106 3/08-6/08/02
#15060106 3/08-6/08/02
#15060106 3/08-6/08/0
#15060106 3/08-6/08/02
#15060106 3/08-6/08/02
LDI~BER PREPAY
WATER SERVICE
SERVICE AGREEMENT FOR
SUPPLIES 8256
MISC SUPPLIES PER DETA
MISC SUPPLIES PER DETA
GRATUITIES/CANADA TRP
TREE RSMOVAL/RPLMT
CIP SPRINKLER/BLDGRPR
CIP SPRINKLER REPAIR
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
415.00
252.00
108.00
60.00
96.00
36.00
552.00
30.00
531.79
531.79
1063.58
210.00
3551.31
136.40
207.00
4710.00
9.44
12.98
47.31
59.98
51.47
13.68
194.86
2014.26
24.95
240.00
176.32
30.90
421.45
452.35
800.00
400.00
7175.00
2000.00
RUN DATE 05/23/02 TIME 17:06:31
- FINANCIAL ACCOUNTING
05/23/02 CITY OF CUPERTZNO PAGE 9
ACCOUNTING PERIOD: 11/02 CHECK REGISTER - D'rSBURSEMEIT~ FUND
SELECTION CRITERIA: transact.trans_date between "05/20/2002" and "05/24/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CI4~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 593299 05/24/02 2661
TOT~ CHE~
SPOT WATER MANAGEMENT
5606640
1020 593300
05/24/02 677 STATE STREET BARK & TRUS 110
1020 593301 05/24/02 695
1020 593301 05/24/02 695
1020 593301 05/24/02 695
1020 593301 05/24/02 695
1020 593301 05/24/02 695
TOTAL CHECK
SYSCO FOOD SERVICES OF S 1106500
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERViCES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
1020 593302 05/24/02
TOTAL CHECK
696 TADCO SUPPLY 1108303
696 TADCO SUPPLY 1108321
696 TADCO SUPPLY 1108321
696 TADCO SI/PPLY 1108312
696 TADCO SUPPLY 1108315
696 TADCO SUPPLY 1108315
696 TADCO SUPPLY 1108314
696 TADCO SUPPLY 1108314
696 TADCO ST/PPLY 1108312
696 TADCO SUPPLY 1108302
696 TADCO SUPPLY 110~302
696 TADCO SUPPLY 1108303
1020 593303 05/24/02 701
1020 593303 05/24/02 701
1020 593303 05/24/02 701
1020 593303 05/24/02 701
1020 593303 05/24/02 701
TOTAL CHECK
TARGET STORES 1106265
TARGET STORES 5806349
TARGET STORES 1106343
TARGET STORES 1106343
TARGET STORES 5806449
1020 593304 05/24/02 M
THAKAR, ANJAITEYA 580
1020 593305
05/24/02 M2002 THE STEINBECK HOUSE 5506549
1020 593306
1020 593306
TOTAL CHECK
05/24/02 1794 TMT-PATHWAY LLC 6308840
05/24/02 1794 TMT-PATHWAY LLC 6308840
1020 593307
05/24/02 2683 TODCO 1104400
1020 593308
05/24/02 1993 ~ OF ALAMEDA COU 110
1020 593309
05/24/02 1483 UNDERGROUND SERVICE ;%LER 1108101
1020 593310
05/24/02 1154 UNITED WAY OF SANTA CLAR 110
1020 593311
05/24/02 2584 UNIVERSAL DIALOG, INC. 1103300
..... DESCRIPTION ...... S~J~ES TAX
PHONE LINE INSTALL 0.00 338.00
0.00 9913.00
*PERS DEF 0.00
2815.93
SUPPLIES 0.00 29.23
SENIOR SOCI3uLS 0.00 176.52
KITCHEN SUPPLIES 0.00 33.88
COFFEE SUPPLIES 0.00 338.06
BINGO 0.00 39.44
0.00 617.13
FY 2001-2002 OPEN PURC 0.00
OVERPA1941~qT 0.00
FY 2001-2002 OPEN PURC 0.00
FY 2001-2002 OPEN PURC 0.00
OVERPAYMENT 0.00
FY 2001-2002 OPEN PURC 0.00
FY 2001-2002 OPEN PURC 0.00
OVERPAYMENT 0.00
OVERPAYMENT 0.00
OVERPAlq4ENT 0.00
FY 2001-2002 OPEN pLTRC 0.00
OVERPAYMENT 0.00
0.00
223.23
-145.26
223.23
223.23
-145.26
223.23
223.23
-145.26
-145.26
-145.26
2' ~3
46'/,82
SUPPLIES 23249 0.00 47.54
SUPPLIES 25069 0.00 32.02
SUPPLIES 23398 0.00 35.71
SUPPLIES 23243 0.00 25.53
SUPPLIES 23247 0.00 43.08
0.00 183.88
REFUND #113178 0.00 18.50
RESERVATION 6/25 0.00 100.00
PARTS 8188 0.00 118.23
PARTS 8188 0.00 140.36
0.00 258.59
0.00
EMERGENCY PREP VIDEO
55.50
GARNISHMNT 0.00 161.54
FAX/~Np 0.00 11.00
UNITED WAY 0.00
108.00
%~ANSLATION 5/04-10 0.00 525.00
RUN DATE 05/23/02 TIME 17:06:31
- FINANCIAL ACCOUNTING
os/:13/o·
ACCOI]~TING PERIOD: 11/02
¢IT~ OF
~g]~K RI~IS'I~R - DT~BOR~H~N~ ~
SF- ~ZON C~IT~R~: ~ranBac~ CF~I'~ date ~_we~ "05/20/2002" ~nd "0S/24/2002"
I $~-u'~ %)~ .............. V~,'DOR ............. Irdl~D/DEI~
05/24/02 738 V~?~.~'Y OIL COHPANY 6308840
05/24/02 H VALTANEN, A~I 580
05/24/02 765 DR CHI-I~"UI D ~ 5706450
05/24/02 1937 ~ ~T~.~ ~I~ 1108506
05/24/02 783 ~Z~E P~ 1108504
OS/24/02 789 ~ ~Z~ 1106265
05/24/02 792 ~Z~Y~ 5706450
05/24/02 Z08Z Y~Z'S ~Y 1108303
05/24/02 800 g.A.P. ~A~[~ Z~C 2708404
05/24/02 799 ~ R~ ~FI~ 5208003
CASH ACCT CHECX NO
1020 593312
1020 593313
1020 593314
1020 593315
1020 593316
1020 593317
1020 593318
1020 593319
1020 593320
1020 593321
TOTAL CASH ACCOUNT
T~'~ FUND
TOTAL REPORT
..... DESCRIPTION ...... SALES TAX
FY 2001-2002 01~ PURC 0.00
~FI~ #116149 0.00
SERVZCEAGREEMENT FOR 0.00
PARTS/SUPPLIES 16691 0.00
PER SCOPE OF WORK PA/N 0.00
STOR3d;S C:~SE 15638 0.00
SERVICR~J.q~4ENTFOR 0.00
I~C.~E SUPPLY 15576 0.00
/~'PE A~HITR~/qDYELLO 0.00
YARDWASTE APRIL2002 0.00
0.00
0.00
0.00
PAGR 10
N40UNT
335.53
20.00
250.00
107.71
900.00
393.15
187.50
40.91
1489.73
16024.29
308506.45
308506.45
308506.45
RIA~ DAT~ 05/23/02 TIME 17:06:31
- FIHANCIAL ACC~ING
DRAFT
RESOLUTION NO.
02-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
MAY 31, 2002
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 day of June ,2002, by the following vote:
Vote ·
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
05/31/02 ;
ACCOUNTING PERIOD: 11/02
CITY OF CUPERTINO
C14ECK REGISTER - DISBURSEMENT FUND
F TION CRITERIA: transact.~rans_c~te ~tween "05/27/2002" and '05/31/2002'
FT~ - 110 - G~TER~ P~3~TD
CASN ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 591630 V 03/15/02 222 DKS ASSOCIATES 4209529
1020 593322
05/31/02 13 ACME & SONS SANITATION C 5606640
1020 593323
05/31/02 1884 ALBERTSONS-NORTHERN DIVI 5606680
1020 593324
05/31/02 2319 ALL CITY MANAGEMENT SERV 1108201
1020 593325 05/31/02 2675 ALL THINGS PHIN~D 1108603
1020 593325 05/31/02 2675 ALL THINGS PRIN~i~ED 1108603
1020 593325 05/31/02 2675 ALL THINGS PRIIT~ED 1108603
1020 593325 05/31/02 2675 ~ THINGS PRINTED 1108603
TOTAL CHECK
1020 593326
05/31/02 1532 ALOTTA'S DELICATESSEN 1103300
1020 593327 05/31/02 61
1020 593327 05/31/02 61
1020 593327 05/31/02 61
1020 593327 05/31/02 61
TOTAL CHECK
' 593328 05/31/02 71
ARTISTIC PLANT CREATIONS 1108501
ARTISTIC PLANT CREATIONS 1108504
ARTISTIC PLANT CREATIONS 1108503
ARTISTIC PId%NT CRF2%TIONS 1108505
B & R ICE CREAM DIST 56U6620
1020 593329
05/31/02 1676 BOB'S FOAM FACTORY 1101060
05/31/02 2633 CALIFORNIA BINGO SERVICE 5506549
05/31/02 1145 CALIFORNIA SURVEYING & D 1107301
05/31/02 1460 TONI C_ARREIRO 1106343
05/31/02 1460 TONI CARREIRO 1106343
05/31/02 1460 TONI CAPd~EIRO 1106343
1020 593330
1020 593331
1020 593332
1020 593332
1020 593332
TOTAL CHECK
1020 593333
1020 593333
1020 593333
1020 593333
1020 593333
1020 593333
TOTAL CHECK
05/31/02 149 CASH 1100000
05/31/02 149 CASH 1107501
05/31/02 149 CASH 1104510
05/31/02 149 CASH 1101201
05/31/02 149 CASH 1101000
05/31/02 149 CASH 1104000
1020 593334
05/31/02 157 JASON N CF.%N
5806249
1104000
110
580
1020 593335
05/31/02 1102 JENNIFER
1020 593336
05/31/02 M2002 CHANG,
1020 593337
05/31/02 M CHANG. SHIRLEY
..... DESCRIPTION
PUBLIC WORKS CONTRACT
FY 2001-2002 OPEN PURC
SUPPLIES 15764
PUBLIC WORKS CONTRACT
POSTERS
POSTERS
POSTERS
CATERING SRVS
MAY 2002 PLANT CARE
MAY 2002 PLANT ~
MAY 2002 PLANT CARE
MAY 2002 PLANT CARE
SUPPLIES
FOAM TRIANGLES 17033
BINGO SUPPLIES
SUPPLIES
UPDATES
UPDATES
UPDATES
PETTY CASH
PgT~-~ CASH
PETTY CASH
PETTY CASH
PET~"f CASH
PI~I'TY CASH
SERVICE AGREEMENT FOR
GASB LUNCH MTG
REFD ENCROACH BOND
Refund: Check - Full r
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE I
AMOUNT
-103216.65
168.83
64.37
7487.40
54.13
54.13
54.13
108.25
270.64
3726.00
214.00
81.00
65.00
130.00
490.00
537.65
161.27
344.02
31.06
116.35
312.00
22.75
451.10
-0.52
50.00
81.77
35.72
40.00
26.78
233.75
131.25
82.37
SO0.O0
120.00
RUN DATE 05/31/02 TIME 10:53:30
FINANCIAL ACCOUNTING
05/31/02 CITY OF CUPERTINO PAGE 2
ACCOt~TTING PERIOD: 11/02 C~ECK REGI~-fER - DISBURSE~ FUND
SELECTION CRITERIA: cransact.crans_date between "05/27/2002" and #05/31/2002'
FUND - 110
CASH ACCT CHECK
- GENERAL FUND
NO ISSUE DT .............. VENDOR .............
FUND/DEPT
1020 593338
05/31/02 M CHEN. YIHKANQ 580
1020 593339
1020 593339
1020 593339
1020 593339
1020 593339
1020 593339
1020 593339
1020 593339
1020 593339
TOTAL CHECK
05/31/02 192 CMC OCCUPATIONAL HEALTH 5806449
05/31/02 192 CMC OCCUPATIONAL H~%LTH 1104510
05/31/02 192 CMC OCCUPATION;iL HF2%LTH 1104510
05/31/02 192 (~4C OCCUPATI01~ HEALTH 5806449
05/31/02 192 CMC OCCUPATIONAL HEALTH 5806449
05/31/02 192 C~4C OCCUPATIONAL ~TH 5806449
05/31/02 192 C~C OCC~JPATIONAL ~]F~TH 5806449
05/31/02 192 CMC OCC73PATIONAL HE;tLTH 1104510
05/31/02 192 O4C OCCUPATIONAL }{EALTH 1104510
1020 593340
05/31/02 178 COLONIAL LIFE & ACCIDENT 110
1020 593341
05/31/02 1179 CO~ICART 1103300
1020 593342
05/31/02 187 F~%RY J CRAWFORD 5806349
1020 593343
05/31/02 1579 CUPERTINO LOC-N-STOR LLC 1108501
1020 593344
05/31/02 198 CUPERTINO UNION SCHL DIS 2308004
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
1020 593345 05/31/02 209
TOTAL CHECK
DE ANZA SERVICES INC 1108509
DE ANZA SERVICES INC 1108407
DE ANZA SERVICES INC 1108506
DE A NZA SERVICES INC 1108504
DE ANZA SERVICES INC 1108501
DE ANZA SERVICES INC 5708510
DE ANZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108314
DE ANZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108501
DE ANZA SERVICES INC 1108315
DE ANZA SERVICES INC 1108502
DE ANZA SERVICES INC 1108303
DE ANZA SERVICES INC 1108503
DE ANZA SERVICES INC 1108302
DE ANZA SERVICES INC 1108505
DE ANZA SERVICES INC 5606620
DE ANZA SERVICES INC 5606640
DE ANZA SERVICES INC 1108504
DE ;tNZA SERVICES INC 5708510
DE ANZA SERVICES INC 5708510
DE ANZA SERVICES INC 1108504
1020 593346
05/31/02 1242 DIGITAL PRINT IMPRESSION 1107301
1020 593347
1020 593347
05/31/02 22O
05/31/02 220
DISCOUNT SCROOL SUPPLY 5806349
DISCOUNT SCHOOL SUPPLY 5806349
..... DESCRIPTION ...... SALES TAX
Refund: Check - SU~9~ER 0.00
AMOUNT
255.00
SRVS 0.00 15.00
SRVS 0.00 90.00
SRVS 0.00 20.00
SRVS 0.00 30.00
SRVS 0.00 15.00
SRVS 0.00 15.00
SRVS 0.00 75.00
SRVS 0.00 205.00
SRVS 0.00 20.00
0.00 485.00
LIFE INS PREM 0.00 36.55
GRAPHICS 0.00
SERVICE AGREEMENT FOR
0.00
1654.87
808.39
UNIT ID:G-33 0.00 217.00
CREEK TRIP 0.00 127.31
MAY 2002 JANITORIAL
JARITORIAL MAY 2002
M3%Y 2002 JANITORIAL
MAY 2002 JANITORIAL
SPECIAL SERV CITY HALL
MAY 2002 JANITORIAL
MAY 2002 JANITORIAL
JANITORIAL MAY 2002
MAY 2002 JANITORIAL
JANITORIAL MAY 2002
JANITORIAL MAY 2002
JANITORIAL MAY 2002
JANITORIAL MAY 2002
JANITORIAL MAY 2002
JANITORIAL MAY 2002
MAY 2002 JANITORIAL
JANITORIAL MAY2002
JANITORIAL MAY2002
SPECIAL SERV QUINLAN
SPECIAL SERV SPORT CfR
SPECIAL SERV SPORT CTR
SPECIAL SERV QUINLAN
0.00 I 4
0.00 1004.89
0.00 338.67
0.00 6097.32
0.00 230.00
0.00 2466.56
0.00 2648.14
0.00 4438.26
0.00 138.20
0.00 2813.28
0.00 739.71
0.00 4111.39
0.00 1479.42
0.00, 1961.30
0.00 739.71
0.00 3451.80
0.00 440.03
0.00 440.03
0.00 330.00
0.00 285.00
0.00 96.00
0.00 300.00
0.00 35916.25
BUS CARDS/CHAO, JUNG
0.00
SUPPLIES 17028
C}{AIP~S 30469
0.00
0.00
126.83
31.99
70
RUN DATE 05/31/02 TIME 10:53:31
- FINANCIAL ACCOUNTING
05/31/02 CITY OF CUPERTZNO P,~agE 3
ACCOUNTING PERIOD: 11/02 CH~CK REGISTER - DISBUP~EMENT FUND
TION CRITERIA: transacC.=ran~_da=e be=ween #05/27/2002" ~d "05/31/2002#
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593347 05/31/02 220
TOTAL CHECK
DISCOUNT SCHOOL SIIPPLY 5806349
1020 593348 05/31/02 222 DKS ASSOCIATES 4209529
1020 593349 05/31/02 M2002 DORN, SUSANA S806349
1020 593350 05/31/02 M ELDER, DESIREE 580
1020 593351
05/31/02 250 EUPHRAT MUSEUM OF ART 5806349
1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108315
1020 593352 05/31/02 251 EVANS WEST VA?J.~Y SPRAY 1108314
1020 S93352 05/31/02 251 EVANS WEST VAtT.~y SPRAY 1108302
1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108315
1020 593352 05/31/02 251 EVANS WEST VALLEY SPRAY 1108303
TOTAL CHECK
1020 593353
05/31/02 253 EXCHANGE LINEN SERVICE 5606620
1020 593354 05/31/02 2469 FERRELL, CAROL 1104100
593355 05/31/02 2361 FIRST BANKCARD 11~1000
1020 593356 05/31/02 2361 FIRST BANKCARD 1101200
1020 593356 05/31/02 2361 FIRST BANKCARD 1101000
1020 593356 05/31/02 2361 FIRST BANKCARD 1101201
1020 593356 05/31/02 2361 FIRST BA~IKCA~ 1101200
TOTAL CHECK
1020 593357
05/31/02 2659 FLAGS OVeR AMERICA INC. 1108501
1020 593358 05/31/02 266 RYAN FORBES 5806449
1020 593359
05/31/02 268 FOSTER BROS SECURITY SYS 1108501
1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800
1020 593360 05/31/02 274 FRY'S ELECTRONICS 5706450
1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800
1020 593360 05/31/02 274 FRY'S ELECTRONICS 6104800
TOTAL C~ECK
1020 593361 05/31/02 M2002 GALLO, LINDA 1106500
1020 593362 05/31/02 281 GARDENLAND 1108315
1020 593362 05/31/02 281 GARDENLAND 1108312
1020 593362 05/31/02 281 GARDENLAND 1108314
1020 593362 05/31/02 281 GARDENLAND 1108315
TOTAL CHECK
' 593363 05/31/02 M2002 GLAGE, JOHN 110
..... DESCRIPTION ......
SUPPLIES 17028
PUBLIC WORKS CONTRACT
PARENT TOT STORYTELLER
Refund: Check - Cancel
SERVICE AGREEMENT FOR
TIME & MATERIAL
TIME & MATERIAL
TIME & MATERIAL
TIME & MATERIAL
TIME & MATERIAL
FY 2001-2002 OPEN PURC
CONF PALM SPRNG 5/21-2
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
PARTS & SUPPLIES
SERVICE AGREEMENT FOR
SUPPLIES
SUPPLIES 17027
SUPPLIES/PO 16790
SUPPLIES
SUPPLIES 17035
SNRS COORDINATORS MTG
SUPPLIES/PO 8601
PARTS/SUPPLIES 8281
SUPPLIES/PO 8300
SUPPLIES/PO 8292
REFDENCROACH BOND
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.17
84.86
103216.65
160.00
80.00
3952.11
500.00
500.00
300.00
250.00
500.00
2050.00
46.51
456.00
157.83
146,30
-102.01
261.80
26.91
333,00
15,00
2250.80
153.39
126.62
324.64
36S.89
167.73
984.88
17.00
518.51
285.30
515.49
535.09
1854.39
SO0.O0
RUN DATE 05/31/02 TIME 10:53:32
- FINANCIAL ACCOUNTING
o5/31/o2
ACCOUNTING PERIOD: 11/02
SELECTION CRITERIA: ~ransact.=rans_date between "05/27/2002" and '05/31/2002'
~ - 110 - GEIFEI~ FL~
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
CITY OF CUPERTINO
C}fl~CK REGISTER - DISBURSEMENT FUND
DESCRIPTION ......
SALES TAX
PAGE 4
AMOUNT
1020 593364 05/31/02 1335 DENISE GOSS 5806249
1020 593365 05/31/02 296 KARENGOT?LEIB 5806449
1020 S93366 05/31/02 298 GRAINGER INC 1108315
1020 593366 05/31/02 298 GRAINGER INC 1108315
1020 593366 05/31/02 298 GRAINGER INC 1108830
1020 593366 05/31/02 298 GP, AINGER INC 1108507
1020 593366 05/31/02 298 GRAINGER INC 2708405
TOTAL CHECK
1020 593367 05/31/02 1235 HIGI~K LIFE INS~CE 110
1020 593367 05/31/02 1235 HIGHMARK LIFE INSURANCE 6414570
TOTAL CHECK
1020 593368 05/31/02 1898 HORIZON 1108315
1020 593368 05/31/02 1898 HORIZON 1108312
1020 593368 05/31/02 1898 HORIZON 1108312
1020 593368 05/31/02 1898 HORIZON 1108312
1020 593368 05/31/02 1898 HORIZON 1108315
TOTAL CHECK
1020 593369 05/31/02 995 INSERV COMPANY 1108504
1020 593369 05/31/02 995 INSERV COMPANY 1108502
1020 593369 05/31/02 995 INSERV COMP~/qY 1108501
TOTAL CHECK
1020 593370 05/31/02 1981 IITi~RSTATE /q~AFFIC CON~ 1108503
1020 593371 05/31/02 M JAIN, USHA 580
1020 593372 05/31/02 M JARIWA/~, SONA,L 580
1020 593373 05/31/02 2602 JOE CONTINO 5506549
1020 593374 05/31/02 M JOSHI, SHItNTALA 580
1020 593375 05/31/02 2691 KERK CO~ICATIONS 1103300
1020 593376 05/31/02 M KI~A, MUNA 580
1020 593377 05/31/02 1972 KIMBALL-MIDWEST 6308840
1020 593378 05/31/02 371 LISA KING 5806449
1020 593379 05/31/02 372 KINKO'S INC 5208003
1020 593380 05/31/02 2231 DAt/E K~IAPP 1101200
1020 593381 05/31/02 382 KWIK-KOPY PRINTING 5506549
SERVICE AGREI~NT FOR
SERVICE AGREF~iENT FOR
PARTS
PARTS
PARTS
PARTS
PARTS
INS
INS
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
TIME/MATERIALS
TIMB/MATERIALS
T IMB/MATERI/tLS
PARTS & SUPPLIES
Refund: Check - SUI~R
Refund: Check - Overpa
SERVICE AGREEMENT FOR
Refund: Check - SUeR
2002 CO~IUNICATION AUD
REFUND #105346
SUPPLIES/PO 24459
SERVICE AGREEMENT FOR
COPIES/PO 16687
PRTN OF INS
JUNE NEWSLETTER
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
90.80
1296.00
136.57 -
62.02
1637.02
74.82
646.15
2556.58
7820.16
6295.30
14115.46
25.22
1062.45
2378.27
800.83
64.95
4331.72
i ~
175.73
175.72
527.18
600.79
68.00
12.00
325.00
13.00
5000.00
100.00
40.32
946.75
5.41
1039.28
RUN DATE 05/31/02 TIME 10:53:33
- FINANCIAL ACCOUNTING
ACCOUNTING PERIOD: 11/02
S'--- 'ION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593382 05/31/02 M
1020 593383 05/31/02 2300
1020 593384 05/31/02 397
1020 593385 05/31/02 400
1020 593386 05/31/02 M
1020 593387 05/31/02 1463
1020 593388 05/31/02 M
1020 593389 05/31/02 1599
1020 593390 05/31/02 ME2002
1020 593391 05/31/02 2157
1020 593392 05/31/02 M
1 593393 05/31/02 2405
1020 593394 05/31/02 473
1020 593395 05/31/02 1550
1020 593396 05/31/02 2488
1020 593397 05/31/02 489
1020 593398 05/31/02 2613
1020 593399 05/31/02 493
1020 593399 05/31/02 493
1020 593399 05/31/02 493
1020 593399 05/31/02 493
1020 593399 05/31/02 493
1020 593399 05/31/02 493
TOTAL CHECK
1020 593400 05/31/02 494
1020 593400 05/31/02 494
TOTAL C~ECK
1020 593401 05/31/02 1190
1020 593402 05/31/02 508
~'~ 593402 05/31/02 508
LAM, CHEUNG-WEI 580
BARBAIUiLAUX 5506549
LESLIE'S POOL SUPPLIES I 5606620
LIFETIME TENNIS INC 5706450
LORDEMANN, MEI 580
MAACO AUTO PAINTING & BO 6308840
MAHAJAN, UJWALA 580
MANAGED HEALTH NETWORK I 1104510
MANNING, COLLEEN 5806349
SOMAKO MINATO 5806349
MIYAMOTO, ICHIRO 580
CHRIS MORTON 5806449
NASER DISTRIBUTORS INC 5606620
ADONIS LNECESITO 1103500
POW~RPLAN 6308840
NOTEWORTHY MUSIC SCHOOL 5806349
OCCUPATIONAL TRAINING IN 1104510
OFFICE DEPOT 1106265
OFFICE DEPOT 1108101
OFFICE DEPOT 1107503
OFFICE DEPOT 1106265
OFFICE DEPOT 1108101
OFFICE DEPOT 1104400
OFFIC~ DEPOT CREDIT PLAN 1101500
OFFICH DEPOT CREDIT PLAN 1101500
RONALD OLDS 1103500
P E R S - HEALTH 1104510
P E R S - HEALTH 1104510
..... DESCRIPTION ......
Refund: Check - SPRING
SERVICE AGREEMENT FOR
SUPPLIES 15769
SERVICE AGREEMENT FOR
Refund: Check - SPRING
TIME & MATERIAL
Reftund: Check - SPRING
EAP JUITE 2002
PRE-SCHOOL SUPPLIES
SERVICE AGREEMENT FOR
Refund: Check - SPRING
SERVICE AGREEMENT FOR
FY 2001-2002 OPEN PURC
SERVICE AGREEMENT FOR
TIME & MATERIAL
SERVICE AGREEMENT FOR
J. MURDOCK
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SERVICE AGR~EMEIqT FOR
JTJNE 2002 INS
JIATE 2002 INS
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0,00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 5
52.50
360.00
43.16
90181.34
14.00
670.00
54.00
897.00
57.37
670.84
45.00
1840.00
1601.04
1050.00
2407.48
3408.93
33.30
279.24
86.56
92.02
206.09
59.5?
213.7~
937.25
57.96
96.22
154.18
525.00
24720.91
384.36
RUN DATE 05/31/02 TIME 10:53:33
- FINANCIAL ACCOUITrING
05/31/02 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD: 11/02 C~IECK REGISTER - DISBURSEMENT FUND -
SELECTION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593402 05/31/02 508
TOTAL CHECK
P E R S - HEALTH 110
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC ~ELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC B~LL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
1020 593405 05/31/02 511 PACIFIC BELL
5606620
5606640
5708510
1106265
1107301
1108504
1108511
1106647
1108407
1108504
1107200
1104400
1104530
1106647
1104510
1104200
1104100
1104000
1103500
11~3300
1104300
1101500
1102100
1101000
1101200
1106100
1106265
1106529
1106500
1107301
1107302
1107501
1107502
1107503
1108001
1108101
1108102
1106265
1108501
1108503
1108507
5606620
5706450
1108601
1108602
5208003
2308004
1106265
..... DESCRIPTION ......
JUNE 2002 INS
TELEPHONE SBRV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV'APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERVAPR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
TELEPHONE SERV APR 200
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
~J~OUN~
52917.07
78022.34
118.74
23.75
189.98
166.23
47.49
94.99
47.49
213.72
11.88
24.65
71.24
71.24
166.23
23.75
142.48
71.24
142.48
71.24
71.24
2
261.22
118.74
142.48
71.24
71.24
379.96
23.75
284.97
213.72
47.49
308.71
23.75
94.99
118.74
225.40
23.75
73.08
S34.34
629.96
47.49
237.47
284.97
71.24
94.99
23.75
23.75
RUN DATE 05/31/02 TIME 10:53:34
- FINANCIAL ACCOUNTING
05/31/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT FUND
~ ,ION CRITERIA: ~ransa¢=.trans_da~e between '05/27/2002' and '05/31/2002'
FUND - 110 - GENERAL FUND
CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 593405 05/31/02 511 PACIFIC BELL 1108201
1020 593405 05/31/02 511 PACIFIC BELL 6104800
TOTAL CHECK
1020 593406
05/31/02 M2002 PENINSULA ~ & RIGGIN 110
1020 593407 05/31/02 M2002
1020 593407 05/31/02 M2002
TOTAL CHECK
PINN BROTHERS CONSTRUCTI 1100000
PINN BROT~ERS CONSTRUCTI 1100000
1020 593408 05/31/02 545 JEFF PISERCHIO 5606640
1020 593409 05/31/02 M2002 PLANNING WORKSHOP 2308004
1020 593409 05/31/02 ~42002 PLANNING WORK~HOP 1106100
1020 593409 05/31/02 M2002 PLANNING WORKSHOP 2308004
TOTAL C~CK
1020 593410 05/31/02 M2002 PRICE, C~RISTOPH~R 1108101
1020 593410 05/31/02 M2002 PRICE, CHRISTOPHER 1108101
TOTAL CHECK
1020 593411 05/31/02 2380 PURCHASE POWER 1104310
i 593412 05/31/02 M Pearce, Kimberly 550
1020 593413 05/31/02 581 RELIABLE 1104300
1020 593413 05/31/02 581 RELIABLE 11043O0
1020 593413 05/31/02 581 RELIABLE 1107503
1020 593413 05/31/02 581 RELIABLE 1104300
TOTAL C~ECK
1020 593414 05/31/02 2482 RHI CONSULTING 6104800
1020 593415 OS/31/02 M2002 RUIZ, F]~ANK 1100000
1020 593416 05/31/02 M RUPAR~LIA, NILAM 580
1020 593417 05/31/02 437 S V C N 1104300
1020 593417 05/31/02 437 S V C N 1104300
1020 593417 05/31/02 437 S V C N 1104300
1020 593417 05/31/02 437 S V C N 1104300
TOTAL CHECK
1020 593418
05/31/02 626 SANTA CLARA CO DEPT OF R 1102100
1020 593419 05/31/02 2031
1020 593419 05/31/02 2031
TOTAL CHECK
SANTA CLARA COUNTY CITIE 1101000
SANTA CLARACOUNTY CITIE 1101200
1020 S93420 05/31/02 2397
SAVIN (]~DIT CORPORATION 1104310
..... DESCRIPTION
TELEPHONE SERV APR 200
TELEPHONE SERVAPR 200
RFND ENCRBOND
RFND OVR~MT OF FEES
RFND OVRPMT OF FEES
GOLF COURSE CONTRACT 1
B. BANFIELD l, CONF
T.SMITH RENAISSANCE CO
P. TREDER R. CONF
POSTAGE M~TER R~SET
Refund: Check - Depos
SUPPLIES/PO 7421
SUPPLIES/PO 7425
SUPPLIES 12368
SUPPLIES/PO 7425
J.SEVERANCE W/E 5/17
CERT OFF COMPLIANCE RF
Refund: Check - Overpa
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
CITATIONS APR2002
ANNUAL TRNMT/DINNER
ANNUALS/DINNER
MAINT/COVRG 5/13-8/12
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0u
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00'
PAGE 7
225.14
451.20
7209.66
500.00
450.20
315.60
765.80
1844.00
15.00
15.00
15.00
45.00
111.62
165,00
276,62
10100.00
300.00
40.87
17.27
120.30
49.21
227.65
1008.00
349.00
12.00
47.50
35.00
32.50
35.00
150.00
2330.00
SS.00
55.00
110.00
139.98
RUN DATE 05/31/02 TIME 10:53:35
- FI~CIAL ACCOUNTING
OS/31/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURS~MEI~T FUND
SELECTION CRITERIA: transact.trans_date between "05/27/2002" and "05/31/2002"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020 593421
1020 593422
1020 593423
1020 593423
1020 593423
TOTAL CHECK
ISSUE DT .............. VENDOR ............. FUND/DEPT
05/31/02 2189
05/31/02 1837
05/31/02 2415
05/31/02 2415
05/31/02 2415
1020 593424 05/31/02
1020 593425 05/31/02
1020 593426 05/31/02
1020 593427 05/31/02
1020 593428 05/31/02
1020 593428 05/31/02
1020 593428 05/31/02
1020 593428 05/31/02
1020 S93428 05/31/02
1020 593428 05/31/02
1020 593428 05/31/02
TOTAL CHECK
1020 593429
1020 S93430
1020 S93431
1020 593432
1020 593432
1020 593432
1020 593432
TOTAL CHECK
1020 593433
1020 593434
1020 593435
1020 593436
1020 593437
1020 593438
1020 593439
SETNESS TOURS 5506549
SILICON VALLEY PAVING CO 2708404
SIMON MARTIN-VEGUE WINK~ 4239222
SIMON MARTIN-VEGUE WINKE 4239222
SIMON MARTIN-VEGUE WINKE 4239222
M
681
1012
1825
695
695
695
695
695
695
695
SKREYPER, TRACY 580
CONNIE BANDA STEVENS 5806449
STOREFRONT DOOR SERVICE 1108501
SUPERIOR FRICTION 6308840
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 550~549
SYSCO FOOD SERVICES OF S 5506549
05/31/02 695
05/31/02 698
05/31/02 700
05/31/02 701
05/31/02 701
05/31/02 701
05/31/02 701
SYSCO FOOD SERVICES OF S 5506549
TALLY'S ENTERPRISES 2708403
TARGET SPECIALTY PRODUCT 1108303
TARGET STORES 5606620
TARGET STORES 5806349
TARGET STORES 5806349
TARGET STORES 5806349
05/31/02 1763
05/31/02 1538
05/31/02 2665
05/31/02 2638
05/31/02 738
05/31/02 742
05/31/02 750
THEATERFUN INC S806349
TMT ENTERPRISES INC 5606620
ERIN TURI 5806249
UNISOURCE MAIN~]~ItNCE SU 1108501
VALLEY OIL COMPANY 6308840
COSETTE VIAUD 5806349
VISION SERVICE PLAN (CA) 110
..... DESCRIPTION ...... SALES TAX
DEPOSIT/FALL FOLIAGE
R~-I~NTION PAYMENT
PUBLIC WORKS CONTRACT
PUBLIC WORKS CONTRACT
PUBLIC WORKS CONTRACT
Refund: Check - Rental
SERVICE AGREEMENT FOR
TIME & MATERIAL
SUPPLIES/PO 8293
FOOD SUPPLIES-SOCIALS
RETURN P.0.52120
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
RFRSHMNTS
FOOD SUPPLIES-S~NIOR
FOOD SUPPLIES-TEIP
FOOD SUPPLIES-NEWSLETT
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
SUPPLIES 15766
SUPPLIES 22388
SUPPLIES 25078
SUPPLIES 17031
SERVICE AGREEMENT FOR
OLY#2 SAND
SERVICE AGREEMENT FOR
PARTS & SUPPLIES
FY 2001-2002 OPEN PURC
SERVICE AGREEMENT FOR
VISION JTJNE 2002
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 8
8000.00
18041.50
749.14
2255.00
4195.00
7199.14
100.00
600.00
310.00
185.14
278.74
-644.80
1957.28
431.16
136.52
2"
2427,31
219.10
43342.26
2072.81
155.56
18.89
13.61
55.36
243.42.
2972.50
686.17
1375.00
237.61
4607.11
1783.34
27 2
RUN DATE 05/31/02 TIME 10:53:35
- FINJkNCIAL ACCOUNTING
ACCOUNTING PERIOD: 11/02
$' ?ION CRITERIA: =ransac~.~rans_da=e be=ween "05/27/2002# ~nd #05/31/2002
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEFT
~ITY OF CUt~RIIRO
C~ECK REGISTER - DISBURSE~E~T FUND
1020 593440 05/31/02 2404 LYI~r~ VISTE 5806449
1020 593441 05/31/02 754 BARBARA WALTON 5806449
1020 593442 05/31/02 M WANG, LI-ERH 580
1020 593443 0S/31/02 765 DR CHI-BI D W~NG 5806449
1020 S93444 05/31/02 M WESLEY, JOHN 580
1020 593445 05/31/02 M WIZGIRD, DIANE 580
1020 593446 05/31/02 2456 WORLD JOURNAL 1103300
1020 593447 05/31/02 794 X~ROX CORPORATION 1104310
1020 593448 05/31/02 M2002 Y~AGER, TOM 1108201
1020 593449 05/31/02 799 ZA~R ROAD LANDFILL 5208003
1020 593450 05/31/02 M ZENG, JENNIFER 580
i 593451 05/31/02 M ZHU, YA-YUN 580
1020 593452 05/31/02 197 CTC FUNDING, LLC 1101500
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
..... DESCRIPTION ......
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
Refund: Check - SPRING
SERVICE AGREEMENT FOR
Refund: Check - SPRING
Refund: Check ~ SPRING
LEGAL ADS
FY 2001-2002 OPEN PURC
t~RSHP/RIZZO, DAVIS
COMPOST SELIVERY APR02
Refund: Check - SPRING
Refund: Check - Rental
LEASE AGREEMENT FOR OF
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE
209.60
1728.00
165.oo
248.80
2oo.00
lO.OO
765.60
455.00
20.00
200.00
40.00
100.00
4341.00'
412950.79
412950.79
412950.79
RUN DATE 05/31/02 TIME 10:S3:36
- FINANCIAL ~ING
RESOLUTION NO. 02-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
JUNE 7, 2002
DRAFT
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
DireCtor of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 day of June ,2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
o6/o6/om CITY 0F CUPERTINO
ACC0UNTIN~ PERIOD: 12/02 CHECK REGXSTER - DXS~URSSMENT FUND
SI 'ON CRITERIA: transact.trans_~a~e between #06/03/2002" and "06/07/2002"
110 - GENERAL FUND
CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FU~D/DEPT
1020 593453 06/07/02 1350 A & R B00~ RE1TTAL 1103300
1020 593454
06/07/02 18 ADONA OIL CORPORATION 1108005
1020 593455 06/07/02 25 AIR COOLED ENGINES INC 6308840
1020 593455 06/07/02 25 AIR COOLED ENGINES INC 6308840
1020 593455 06/07/02 25 /~R COOLED ~INES INC 6308840
1020 593455 06/07/02 25 A/R COOLED ~NGINES INC 6308840
TOTAL CR~CK
1020 593456
06/07/02 888 ALOHA POOL MAINTENANCE I S708510
1020 593457
06/07/02 M2002 A~ICAN BAR ASSOCIATION 1101500
1020 593458 06/07/02 2501 AT&T BROADB~ND 1103300
1020 593458 06/07/02 2501 AT&T BROADBAND 1106500
TOTAL CHECK
1020 593459 06/07/02 2699 BAG BOY CO. 5606640
1020 593459 06/07/02 2699 BA~ BOY CO. 5606640
TOTAL CH~CK
lC 593460 06/07/02 2601 BALL HITCH P~S 1106343
102~ 593460 06/07/02 2601 B~ HITC~ RAMPs 4209115
TOTAL CHECK
1020 593461 06/07/02 2698 BAUDVILLe, INC. 1101201
1020 593462 06/07/02 2680 BERRYMAN & HENIGAR 1107502
1020 593463 06/07/02 M2002 C~, RUBEN 1100000
1020 593463 06/07/02 M2002 CA,REP, A, RUBEN 1100000
1020 593463 06/07/02 M2002 C~P~, RUBEN 110
1020 593463 06/07/02 M2002 C~BRERA, RUBEN 1100000
TOTAL C~CK
1020 593464
06/07/02 809 CALIFORNIA SPORT DESIGN 1106343
1020 593465
06/07/02 1145 CALIPOR~-A SUR%~A"fING & D 1107200
1020 593466 06/07/02 1476 CANNON DESIGN GR0~ 1107200
1020 593467 06/07/02 2232 ~I. AGA, LOURDES 110
1020 593467 06/07/02 2232 CARIA~,A, LOUPDES 110
TOTAL CHECK
1020 593468 06/07/02 1460 T~ CAR~IRO
1020 593468 06/07/02 1460 TONI CARR~IRO
TOTAL CH~CK
1C 593469 06/07/02 146 CASH
6104800
5606620
5806349
..... DESCRIPTION
C~m~RY BLOSSOM BOOTHS
HAZ WASTE DISPOSAL
FY 2001-2002 OPEN PURC
FY 2001-2002 OPEN PURC
P~ P 0 52029
FY 2001-2002 OPEN PURC
MAY2002 MAINTENANCE
#61908930 03490267
6/Ol-6/3o
6/Ol-6/3o
20% DISCOUNT
~OLF COURSE CARTS
PARTS & STICKERS 30973
PURCHASE OF MOBILE SKA
~PPLIES 7461
SERV 4/20-5/17
REFUND PERMIT
REFUND PERMIT
REFUND PERMIT
REFUND PERMIT
SW~ATSHIRTS TEEN C0~4
PAPER & TRIANGLE
~ ARCHITECT PLANS
CSGARNS~T
MAY2002 SERVICES
WEB SITE CHANGES
P~-&-rf CASH 5/09-5/29
SALES TAX
PAG~ I
0.00 1180.00
0.00 3190.00
0.00 36.35
0.00 61.65
0.00 -18.32
0.00 373.32
0.00 453.00
0.00 442.80
0.00 209.25
0.00 14.56
0.00 4.85
0.00 19.41
0.00 -72.00
0.00 386.83
0.00 314.83
0.00 300.00
0.00 4267.16
0.00 4567.16
0.00 48.85
0.00 5702.85
0.00 57.72
0.00 23.10
0.00 0.50
0.00 98.00
0.00 179.32
0.00 372.31
0.00 5.11
0.00 110.00
0.00 103.84
G.09 306.50
0.00 410.34
0.00 1890,20
0.00 32.50
0.00 1922.70
0.00 102.31
RUN DATE 06/06/02 TIME 10:43:20
FINANCIAL AC~'OUNTIN~
06/06/02 CITY OF CUPERTINO PAGE 2
ACCOUNTING PERIOD: 12/02 C~ECK REGIS-~R - DISBURSEMENT FUND
SELECTION CRITERIA: ~rans&c~.trans_da=e between '06/03/2002' and -06/07/2002'
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSU~ DT .............. VENDOR ............. FUND/DEPT
1020 593469 06/07/02 146 CASH 1106647
1020 593469 06/07/02 146 CASH 5806649
1020 593469 06/07/02 146 CASH 1106343
1020 593470 06/07/02 147 CASH 5506549
1020 593470 06/07/02 147 CASH 5506549
1020 593470 06/07/02 147 CASH 5506549
1020 593470 06/07/02 147 C~H 5506549
TOTAL CHECK
1020 593471 06/07/02 149 CASH 1101000
1020 593471 06/07/02 149 CASH 1101201
1020 593471 06/07/02 149 CASH 1104400
1020 593471 06/07/02 149 ~ 1104000
1020 593471 06/07/02 149 CASH 1101201
TOTAL CHECK
1020 593472
06/07/02 2593 CENTRAL UNITED LIFE INS. 110
1020 593473 06/07/02 1057
1020 593473 06/07/02 1057
TOTAL CHECK
CERIDIAN BENEFITS SERVIC 110
CERIDIAN BENEFITS SERVIC 110
1020 593474 06/07/02 1820
1020 593474 06/07/02 1820
TOTAL CHECK
CERIDIAN BENEFITS SERVIC 110
CERIDIAN BENEFITS SERVIC 1104510
1020 593475 06/07/02 1156 ~ 110
1020 593476 06/07/02 192 CMC OCCUPATIONAL ~,ALT~ 5806449
1020 593476 06/07/02 192 C~4C OCCUPATIONAL HEALTH 5806449
1020 593476 06/07/02 192 CMC OCCUPATIONAL HF~LTH 5806449
1020 593476 06/07/02 192 (~COCCUPATIONALHEALTH 5806449
1020 593476 06/07/02 192 CMC OCCUPATIONAL HEALTH 5806449
1020 593476 06/07/02 192 (~C OCCUPATIONAL HF~LTH 1104510
TOTAL CHECK
1020 593477
1020 593478
1020 593478
TOTAL CHECK
06/07/02 916
06/07/02 2026
06/07/02 2026
C09~PUTER XTRAS XPP, ESS 6104800
COOPERATIVE PERSONNEL SE 1104510
COOPERATIVE PERSONNEL SE 1104510
1020 593479
1020 593480
1020 593481
1020 593482
06/07/02 184
06/07/02 2235
06/07/02 194
06/07/02 M2002
JAM~S COIIRTNEY 5606620
CSR DESIGN 1108501
CUPERTINO SUPPLY INC 5606640
CURTIS, LEE 5806349
..... DESCRIPTION ...... SALES TAX
PETTY CASH 5/09-5/29 0.00 23.39
P~TTY CASH 5/09-5/29 0.00 71.68
~ CASH 5/09-5/29 0.00 52.21
0.00 249.59
0.00
0.00
0.00
0.00
0.00
PETTY CASH 5/07-6/04
PETTY CASH 5/07-6/04
Pm-z-£f CASH 5/07-6/04
P~l~l~f CASH 5/07-6/04
0.00
0.00
0.00
0.00
0.00
0.00
PETTY CASH 5/28-6/04
P~'~-£f CASH 5/28-6/04
Pm'~-~'f CASH 5/28-6/04
~.~w&f CASH 5/28-6/04
P~'~'~'f CASH 5/28-6/04
0.00
PREMIUM JUNE2002
0.00
0.00
0.00
,'FLEX DEP/#240125
*FLEX HLTH/#2401~5
0.00
0.00
0.00
ADM. FEES MAY2002
ADM. FEES MAY2002
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TUBERCULOSIS TESTING
TUBERCULOSIS TESTING
TUBERCULOSIS TESTING
TUBERCULOSIS TESTING
TUBERCULOSIS TESTING
URINE COLLECTION
0.00
TONER SERVICE 5/22/02
0.00
0.00
0.00
ENTRY CLERICAL 3818A
CLERICAL EXAM 3127
0.00
SERVICE AGP~E~ENT FOR
0.00
CONF ROOM ACCESSORIES
0.00
FY 2001-2002 OPEN PURC
0.00
PR~-SCHOOL MAGIC SHOW
35.60
2.00
25.00
122.00
184.60
167.79
19.07
17.29
23.33
18.24
245.72
30.20
165.40
426.94
592
22.50
27.50
SO.O0
132.00
15.00
30.00
15.00
15.00
15.00
20.00
110.00
508.56
-105.00
1908.50
1803.50
400.00
946.00
88.91
3O0
RUN DATE 06/06/02 TIME 10:43:21
FINANCIAL ACCOUNTING
o6/06/02 CITY OF CUI,~TINO
ACCOUNTING PERIOD: 12/02 C~ECKP~GISTER - DISBURSEMENT FUND
S. I0N CRITERIA: ~ransact.trans_da~e between '06/03/2002" and "06/07/2002"
FUND - 110 - G~NERAL FUND
CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
..... DESCRIPTION ......
SALES TAX
1020 593483
1020 593484
1020 593485
1020 593485
1020 293485
TOTAL C~ECK
1020 593486
1020 593487
1020 593488
1020 593488
TOTAL CHECK
1020 593489
1020 593490
1~ 593491
1020 593492
1020 593493
1020 593494
1020 593494
TOTAL CHECK
1020 593495
1020 593496
1020 593496
1020 593496
1020 593496
1020 593496
TOTAL CHECK
1020 593497
1020 593498
1020 593498
1020 593498
1020 593498
1020 593498
1020 593498
10~ 593498
T¢ ~CK
06/07/02 1637
06/07/02 1838
06/07/02 211
06/07/02 211
06/07/02 211
06/07/02 85O
06/07/02 1242
06/07/02 220
06/07/02 220
06/07/02 1994
06/07/02 223
06/07/02 242
06/07/02 243
06/07/02 234
06/07/02 251
06/07/02 251
06/07/02 258
06/07/02 260
06/07/02 26O
06/07/02 260
06/07/02 260
06/07/02 260
06/07/02 2619
06/07/02 2361
06/07/02 2361
06/07/02 2361
06/07/02 2361
O6/O7/O2 2362
06/07/02 2361
06/07/02 2361
DAVID J POWERS & ASSOCIA 110
DELL MARKETING L.P. 6104800
DELTA DENTAL PLAN OF CA 110
DELTA DENTAL PLAN OF CA 110
DELTA DEITTAL PLAN OF CA 110
DIDDAMS AMAZING PARTY ST 5806349
DIGITAL PRINT IMPRESSION 1107S03
DISCOUNT SCHOOL SUPPLY 5806349
DISCOUNT SCHOOL SUPPLY 5806349
DISTRICT ATTORNEYTRUST 110
DON & MIKe'S SWEEPING IN 2308004
EMPLOYMENT DEVELDEPT 110
EMPLOYMENT DEVELOP~NT 110
ENGINEERING DATA SERVICE 1104300
EVANS WEST V~T.T~y SPRAY 1108315
EVANS WEST V~J.~Y SPRAY 1108315
FAMILY SUPPORT TRUSTEE 110
FEDERAL EXPP,~SS CORP 1108601
FEDERAL EXPRESS CORP 110
FEDERAL EXPRESS CORP 6308840
FEDERAL EXPP, RSS CORP 1101000
FEDERAL EXPRESS CORP 6104800
GENEVIEVE FIRE 2308004
FIRST BANKCARD 5806349
FIP~TBANKCARD 1106647
FIRST BANKCARD 1106265
FIRST BANKCARD 1106300
FIRST BANKCARD 5806549
FIRST BANKCARD 1106343
FIRST BANKCARD 5806349
R#15632, PARTIAL PYMT
POWER EDGE 350 850 MHZ
UNREP 1539-001
OE3 1539-002
CEA 1539-003
SUPPLIES 17044
B.CARDS/SQUARCIA, YEE
SUPPLIES 15674
SUPPLIES 15674
A LOPEZ JR 566398126
FY 2001-2002 OPEN PURC
SIT/932-0014-5
SDI/776-5260-0
PUBLIC HEARING NOTICES
TURF SPRAY CREEKSIDE
TURF SPRAY JOLLYMAN
V ORTEGA 563312780
COURIER SERVICE
COURIER SERVICE
COURIER SERVICE
COURIER SERVICE
COURIER SERVICE
SERVICE AGREEMENT FOR
MAY ACTIVITY
MAY ACTIVITY
MAY ACTIVITY
MAY ACTIVITY
MAY ACTIVITY
MAY ACTIVITY
MAY ACTIVITY
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1687.54
1942.00
3452.76
4176.48
63~0.83
14000.07
67.93
157.72
293.31
84.89
378.20
23.08
11427.81
15788.07
884.59
129.08
4200.00
4200.00
8400.00
352.62
18.79
17.52
10.56
23.44
13.95
84.26
5440.00
761.63
16.60
75.60
670.32
47.50
1086.90
2173.30
4831.85
RUN DATE 06/06/02 TIME 10:43:22
FINANCIAL ACCO~ING
06/06/02
ACCOUNTING PERIOD: 12/02
SELECTION CRITERIA: ~r&nsact.trans_da~e b~=ween "06/03/2002" and "06/07/2002"
FI)ND - 110 - G~RAL FUND
CASH ACCT CHECK N0 ISSUE DT .............. VENDOR ............. FUND/DEPT
CITY OF CUPERTINO
C~ECKREGISTER - DISBURS~NT FUND
1020 593499 06/07/02 2361 FIRST BANKCARD 6104800
1020 593499 06/07/02 2361 FIRST BANKCARD 1104001
1020 593499 06/07/02 2361 FIRST B~CARD , 5606640
TOTAL CHECK
1020 593500
1020 593501
1020 593502
1020 593502
TOTAL CHECK
1020 593503
1020 593503
1020 593503
1020 593503
1020 593503
TOTAL CHECK
1020 593504
1020 593505
1020 593506
1020 593507
1020 593508
1020 593508
TOTAL CHECK
1020 593509
1020 593510
1020 593511
1020 593512
1020 593513
1020 593514
1020 593514
TOTAL CHECK
1020 593515
1020 593516
06/07/02 2361
06/07/02 2694
06/07/02 273
06/07/02 273
FIRST BANKCARD $606620
THE FOOT NUR~E 1108201
FREMONT UNION H.S. DIST. 5806449
FREMONT ONION H~S. DIST. 5806449
06/07/02 1808 KIM FREY 1106400
06/07/02 1808 KIM FREY 1106343
06/07/02 1808 KIMF~ 5806349
06/07/02 1808 KIM FREY 5506549
06/07/02 1808 KIM FREY 1106200
06/07/02 274
06/07/02 1275
06/07/02 281
06/07/02 2630
06/07/02 2546
06/07/02 2546
06/07/02 343
06/07/02 1847
06/07/02 2181
06/07/02 2697
06/07/02 2285
06/07/02 1062
06/07/02 1062
06/07/02 1630
06/07/02 1372
FRY'S ELECTRONICS 6104800
GARDEN CITY SUPPLY INC 5606620
GARDENLAND 1108315
GREGORY B. BRAGG & ASSOC 6204550
GTM PLUMBING 1108503
G'TM PLUMBING 1108503
ICMA RETIREMENT TRUST-45 110
THE IDEA BROKERS 5606620
IMSA:INT'L MUNICIPAL SIG 1108602
INTELLAPRINT SYSTEMS 1108101'
KATHRYN~.LY JOESTEN 1106265
KAY~-SMI~"H 1104530
KAYE-SMITH 1104530
KIDZ LO~E SOCCER INC 5806449
THE KIPLING~ CALIPORNIA 1101200
...... DESCRIPTION
MAY2002 TRANSACTIONS
MAY2002 TRANSACTIONS
MAY2002 TRANSACTIONS
MAY2002 ACTIVITY
TRAINING
USE OF MONTA VISTA H.S
USE OF MONTA VISTA H.S
PW LONCH
TEEN CO~ DINNER
PW LUNCH
PW LONCH
PW LONCH
SALES TAX
PAGE 4
0.00 162.32
0.00 23.90
0.00 43.77
0.00 229.99
0.00 569.76
0.00 600.00
0.00 3709.75
0.00 3709.75
0.00 7419.50
0.00 104.64
0.00 96.49
0.00 104.64
0.00 104.64
0.00 104.65
0.00 515.06
SUPPLIES 16590 0.00 89 ''
SUPPLIES 0.00 98.,Z
PARTS/SUPPLIES 8609 0.00 395.07
W.COMP CLAIMS 5/1-5/31 0.00 1500.00
TIME/MATERIALS
TIME/MATERIALS
0.00
0.00
0.00
420.00
1755.00
2175.00
*ICMA 0.00 6560.48
CASUAL WIND SHIRT AND 0.00 2405.15
ID21043MV, ID25223cc 0.00 80.00
SERV AGRM~T KIP1880 0.00 945.00
SERVICE~REEMENT FOR 0.00 362.S0
PARKING CITATIONS 0.0O 647.03
VEHICLE WARNINGS 0.00 484.74
0.00 1131.77
SERVICE ;u~-~EEM~NT FOR
SUBSCRIPT 52 ISSUES
0.00 9570.00
0.00 48
RUN DAT~ 06/06/02 TIME 10:43:22
- FINANCIAL ACCOUNTING
06/06/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 12/02 CH~CK R~GI£?~R - DISBURSEMENT FUND
S I0N CRITERIA: =ransa¢=.~rans_da=e be=ween '06/03/2002' and '06/07/2002'
FUND o 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 593517 06/07/02 376 KNORR SYSTEMS INC 5606620
1020 593517 06/07/02 376 KI~ORR SYSTEMS INC 5606620
TOTAL CHECK
1020 593518 06/07/02 385 LAB SAFETY SUPPLY 110BS03
1020 593518 06/07/02 385 LAB SAFETY SUPPLY 1108501
1020 593518 06/07/02 385 LAB SAFETY SUPPLY 1108507
TOTAL CHECK
..... DESCRIPTION ......
POOL C~ICA~ FEEDERS
SERVICE
2BD pANTHER SCBA
2BD PANTHER SCBA
2BD PAI~I~ER SCBA
SALES TAX
AMOUNT
0.00 1244.7~
o.00 93.04
0.00 1337.79
0.00 933.95
0.00 933.95
0.00 1307.6~
0.00 3175.55
1020 593519 06/07/02 2357 LI(~4THOUSE 6308840
1020 593519 06/07/02 2357 LIG~HTHOUSE 6308840
TOTAL CI~CK
SUPPLIES 8616
2% DISCOUNT 8616
0.00 133.28
0.00 -13.33
0.00 119.95
1020 593520 06/07/02 M LIN, ELAINE 580
R~FUNDS 150630 & 15063
0.00 116.00
1020 593521
06/07/02 408 LOS GATOS MEAT & SMOK~HO 5606620
FY 2001-2002 OPEN PURC
0.00 559.81
1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400
1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400
1020 593522 06/07/02 2588 RICHARD A. MADDEN 1104400
TOTAL C/4ECK
1 593523 06/07/02 1175 MCNHORTER & YOUNG 5806349
SERVICE A~"REEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SUPPLIES 23246
0.00 475.00
0.00 525.00
0.00 500.00
0.00 1500.00
0.00 5.20
1020 593524 06/07/02 2567 MISDU 110
J TRYBUS 385960533 0.00 223.00
1020 593525
06/07/02 448 MISSION VALLEY FORD INC 6309820
2002 FORD SUPER DUTY F
0.00 20155.74
1020 593526 06/07/02 1191 NAKA NURSERY INC 1108303
EUROPS RUBRA AND LAVEN
0.00 838.94
1020 593527
06/07/02 302 NATIONAL DEFERRED CONPEN 110
*NAT'L DEF
0.00 17748.37
1020 S93528 06/07/02 479 NATURES WOOD 5606620
FY 2001-2002 OPEN PURC
0,00 473.86
1020 593529 06/07/02 965 NORTH COAST M~DICAL 1107501
OFFICE EQUIPMENT
0,00 124.64
1020 593530 06/07/02 499 DEBBIE O'NEILL 5606620
SERVICE AGREEMENT FOR
0,00 95.00
1020 593531 06/07/02 493 OFFICE DEPOT 1107301
1020 593531 06/07/02 493 OFFICE DEPOT 1104000
1020 593531 06/07/02 493 OFFICE DEPOT ~806449
1020 593531 06/07/02 493 OFFICE DEPOT 1104530
1020 593531 06/07/02 493 OFFICE DEPOT 1106265
1020 593531 06/07/02 493 OFFICE DEPOT 1104530
1020 S93531 06/07/02 493 OFFICE DEPOT 5806449
TCTAL CHECK
OFFICE SUPPLIES 0.00 38.89
OFFICE SUPPLIES 0.00 140.68
OFFIC~ SUPPLIES 0.00 51.91
OFFICE S~PPLIES 0.00 442.02
OFPICE SUPPLIES 0.00 76,26
RETURN OFFICE SUPPLIES 0.90 -194,79
OFFICE SUPPLIES 0.00 32,46
0.00 587.43
1020 593532 06/07/02 501 OPERATING ENGIN--~ERS #3 110
0.00 572,40
593533 06/07/02 1220 ORCHAP~DSUPPLY HARDWAl~ 1108501
593533 06/07/02 1220 ORCHARD SUPPLY HARDWAR~ 1108504
SUPPLIES
0.00 53.53
0.00 -5.40
RUN DATE 06/06/02 TIME 10:43:23
- FINANCIAL ACCOUNTING
06/06/02 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD: 12/02 C~CK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: :ransact.:r&ns_date between "06/03/2002" and "06/07/2002"
FUND - 110 - GENEPJtL FUND
CASH ACCT CH~CK NO
ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 593533 06/07/02 1220 ORC]~tRD SUPPLY HARDWAR~ 1108504
1020 593533 06/07/02 1220 ORC~ SIIPPLY HARDW~ 1108504
1020 593533 06/07/02 1220 ORCHARD SUPPLY HARDWAR~ 1108830
1020 593533 06/07/02 1220 ORC~2tRD SUPPLY F~%RDWARE 1108507
1020 593533 06/07/02 1220 ORC/~ARD SUPPLY HARDWARE 1108504
TOTAL CHECK
1020 593534 06/07/02 505 ORLANDI TRAILER 1108830
1020 593534 06/07/02 505 ORLANDI T~AILER 1108506
TOTAL CHECK
1020 593535 06/07/02 507 DAN OSBOR~ DBA:OSBORNE 1108303
1020 593535 06/07/02 507 DAN OSBORRE DBA:OSBOPA~E 1108602
1020 593535 06/07/02 507 DAN OSBOP. NE DBA:OSBOPd~E 1108503
1020 593535 06/07/02 507 DAN OSBORNE DBA:OSBORNE 1108501
TOTAL CHECK
1020 593536 06/07/02 833 P E R S 110
1020 593536 06/07/02 833 P E R S 110
1020 593536 06/07/02 833 P E R S 110
1020 593536 06/07/02 833 P E R S 110
1020 593536 06/07/02 833 P E R S 110 .
1020 593536 06/07/02 833 P E R S 110
1020 593536 06/07/02 833 P E R S 110
TOTAL CHECK
1020 593537 06/07/02 511 PACIFIC BELL 6104800
1020 593538 06/07/02 2692 PACIFIC BELL/WORLDCOM 1108501
1020 593539 06/07/02 2444 PACIFIC C~ & ELECTRIC 1108830
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GA~ & ELECTRIC
1020 593540 06/07/02 513 PACIFIC C~ & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS A ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC CAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC CAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 'PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIPIC GAS & ELECTRIC
1020 593540 06/07/02 513 PACIFIC GAS & ELECTRIC
5708510
1108602
1108511
1108507
1108506
1108303
1108506
5606640
1108505
1108503
1108315
5606620
5606620
1108314
1108312
5208003
1108504
1108830
1108407
..... DESCRIPTION ......
ON-TIME DISCOUNT
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
PARTS 8284
PARTS 8284
TIME/MATERIALS
TIME/MATERIALS
TIME/MATERIALS
TIME/MATERIALS
*PERS BYBK
PERB BUYBK
PERS EMPLY
PERS 1959
*PERS BYBK
PEPS SPEC
PERS EMPLY
5/20-6/19
4/01-5/15/02
SERVICE TO 5/31/02
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
MAY2002 SERVICE
SALES TAX
AMOUNT
0.00 -6.51
0.00 7.84
0.00 24.88
0.00 33.51
0.00 24.94
0.00 132.79
0.00 284.16
0.00 284.15
0.00 568.31
0.00 340.00
0.00 185.00
0.00 2312.79
0.00 185.00
0.00 3022.79
0.00 327.28
0.00 37.52
0.00 24311.27
0.00 117.18
0.00 180.~a
0.00 117
0.00 216.~.
0.00 25307.52
0.00 93.02
0.00 9.90
0.00 21680.47
0.00 4833.35
0.00 2510.33
0.00 287.37
0.00 1029.18
0.00 317.87
0.00 7460,44
0.00 226.05
0.00 178.20
0.00 3919.50
0.00 1823.41
0.00 257.43
0.00 32.39
0.00 3296.45
0.00 324.23
0.00 197.52
0.00 7.95
0.00 8036.41
0.00 17.'~
0.00 1648
RUN DATE 06/06/02 TIME 10:43:24
- FINANCIAL ACCOUNTING
06/06/02
ACCOUNT~N~ PERIOD: 12/02
'ION CRITERIA: transact. ~rans_da~e
CITY OF CD~TIN0
CHECK REGISTER - DISBURSEMENT FUND
0e=ween "06/03/2002" and "06/07/2002"
PAG£ 7
FUND - 110 - GENERAL FUND
CASH ACCT C~ECKNO
1020 593540
TOTAL CHECK
1020 593541
1020 593541
TOTAL CHECK
1020 593542
1020 593543
1020 S93544
ISSUE DT .............. VENDOR ............. FUND/DEFT
06/07/02 513 PACIFIC GAS & ELECTRIC ( 1108501
06/07/02 ~15
06/07/02 515
PACIFIC WEST SECURITY IN 1108504
PACIFIC WEST SECURITY IN 1102403
06/07/02 526
06/07/02 533
06/07/02 542
PENINSULA DIGITAL IMAGIN 110
PERS LONG TERM CARE FROG 110
PINE CONE LUMBER 5606620
..... DESCRIPTION ......
MAY2002 SERVIC~
SERV CALL 4/24
PARTS/SUPPLIES
LARGE MYLARS, FORMAT B
PERS LTC/#2405
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
S394.60
41797.78
355.00
953.00
1308.00
463.96
159.24
7.24
1020 593545
06/07/02 543 PINPOINT
1108201
JACKET 8003
0.00
93.09
1020 593546
1020 593547
1020 593548
06/07/02 1984
06/07/02 M2002
06/07/02 2105
POLARA ENGINEERING, INC. 1108602
PR(IM~EUS 1100000
OUINLAN P~BLISHING 1108101
BULLDOG FED PUSH BUTTO
REFD OVERCHARGES
CITIES/TOWNS HOTLINE
0.00
b.oo
0.00
1317.46
17618.20
165.89
10~, 593549
06/07/02 M2002 R & Z DEVELOPMENT 110 .
REFD UNUSED DEPOSITS
0.00
630.25
10.. 593550
1020 593550
1020 593550
1020 593550
1020 593560
TOTAL C~CK
06/07/02 578 COLLEEN P~EGAN 5806449
06/07/02 578 COLLEEN REGAN 5506549
06/07/02 578 COLL~ENREGAN 5606600
06/07/02 578 COLL~ENR~C4~N 5806349
06/07/02 578 COLLF~I~REGAN 5806249
SERVICe. AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
0.00
0.00
0.00
0.00
0.00
0.00
886.75
265.96
177.54
886.75
886.75
3103.75
1020 593551
06/07/02 581 RELIABLE 1104300
OFFICE SUPPLIES 17101
0.00
34.61
1020 593552
1020 593552
TOTAL CHECK
06/07/02 1071 REPUBLIC ELECTRIC 1108830
06/07/02 1071 REPUBLIC ELECTRIC 1108830
TIME/MATERIALS
TIME/MATERIALS
0.00
0.00
0.00
1988.00
1794.00
3782.00
1020 593553
06/07/02 2482 PHI CONSULTIN~
6104800
J.SEV~RANCE W/E 5/24
0.00
1008.00
1020 593554
1020 593554
1020 593554
1020 593554
1020 593554
TOTAL CHECK
06/07/02 2043
06/07/02 2043
06/07/02 2043
06/07/02 2043
06/07/02 2043
RDDE'S PEST MANAGEMENT 5606620
RUDE'S PEST MA/~EMENT 1108502
RUDE'S PEST MANA~ 1108505
RUDE'S PEST MANAGEMENT 1108504
RUDE'S PEST MANAGEMENT 1108321
BEE/WASPS/RATS SPRAYIN
TIME/MAT~*~IAL~
TIME/MATERIALS
TIME/MATERIALS
TIME/MATERIALS
0.00
0.00
0.00
0.00
0.00
0.00
250.00
225.00
225.00
225.00
225.00
1150.00
1020 593555
1020 593556
06/07/02 M
06/07/02 959
SABOUR, VALENTINA 58O
SAN JOSE MERCURY NEWS 1106265
Refund: Check - ST.~T4ER
6/23-9/21 SUBSCRIPT
0.00
0.00
68.00
47.57
593560
593560
06/07/02 625
06/07/02 625
SAN JOSE WATER COMPANY 1108407
SAN JOSE MATER COMPANY 1108506
4/3o-5/29/o2
4/30-5/29/02
0.00
0.00
37.57
43.95
RUN DATE: 06/06/02 TIME 10:43:25
- FINANCIAL ACCOUNTIN~
~6/06/02 CITY OF CUPERTINO PAG£ 8
ACCOUNTING PERIOD: 12/02 Ch~ECK REGISTER - DISBURSEMENT FUND
~ELECTION CRITERIA: ~ransa¢c.=rans_da=e be=ween '06/03/2002' and "06/07/2002'
FI]ND - 110 - G~'EP~ FUND
.~.ASH ACCT C/~ECK NO ISSUE DT .............. VENPO~ ............. FUND/DEPT
~020 593560 06/07/02 625 SAN JOSE WATER CONPANY 1108407
~ 020 593560 06/07/02 625 SAN JOSE WATER CO~IPA/~Y 1108314
~O20 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108407
:1020 593560 06/07/02 625 SAN JOSE WATER CO~AI~Y 1108407
1020 593560 06/07/02 625 SAN JOSE WATER C(1MPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108506
~020 593560 06/07/02 625 SAN JOSE WATER COMPi~Y 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108505
1020 593560 06/07/02 625 S~ JOSE WATER CO~2~NY 1108505
1020 593560 06/07/02 625 SAN JOSE WATER COMPi~/~Y 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
~D20 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303
~020 593560 06/07/02 625 SAN JOSE WATER CO. ANY 1108303
~020 593560 06/07/02 625 . SAN JOSE WATER COMPARY 1108303
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108503
~020 593560 06/07~02 625 SAN JOSE WATER COMPANY 1108315
1020 593560 06/07/02 625 SAN JOSE WATER COMPi~NY 1108407
1020 593~60 06/07/02 625 SAN JOSE WATER COMPANY 1108314
~020 593560 06/07/02 625 SAN JOSE WA~'ER COMPi~/~ 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPi~NY 1108507
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108302
~020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108314
~O20 593560 06/07/02 625 SAN JOSE WATER COMPA3{Y 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510
~020 593560 06/07/02 625 SAN JOSE WATER COMPA~'Y 1108315
IG20 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPA/TY 1108321
1020 593560 06/07/02 625 SAN JOSE WATER COMPA~Pf 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108314
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 110840?
~020 593560 06/07/02 625 SAN JOSE WATER CO~IPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
~020 593560 06/07/02 625 SAN JOSE WATER COI~PA~ 1108407
~020 593560 06/07/02 625 SAN JOSE WATER COMP~ 1108407
~020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
~020 593560 06/07/02 625 SAN JOSE WAT~ CO~NY 1108407
~020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108312
1020 593560 06/07/02 625 SAN JOSE WATER C(IMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5708510
1020 593560 06/07/02 625 SAN JOSE WATER COMPA~ 1108321
..... DESCRIPTION ......
4/30-5/29/02
4/3o-s/29/o2
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/28/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29
4/30-5/29/02
4/30-5/29
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4130-5129/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
AMOUNT
10.19
1376.10
91.62
14.47
14.47
91.68
27.58
12.55
112.73
14.47
343.90
9.00
35.75
97.99
147.37
35.93
262.01
90.05
714.01
1776.88
129.35
112.3¢
112
142.~_
157.20
78.57
1220.05
1267.54
420.85
1144.20
9.00
9.00
1625.19
733.65
145.57
63.84
634.33
73.60
80.15
22.67
25.93
21.02
18.37
8.55
30.84
257.03
137.46
994.05
78.25
36,
RUN DATE 06/06/02 TiME 10:43:26
- FINANCIAL ACCOUNTING
06/o6/o2 CITY OF CUPERTINO
ACCOUNTING PERIOD: 12/02 CHECK ~LEGISTER - DISBURSEMENT FU~ID
£ 'ION CRITERIA: ~ransact.:rans_date be:ween "06/03/2002" and "06/07/2002"
FUND - 110 - GE1TERAL FUND
CASM ACCT CHECK NO ISSU~ DT
.............. VENDOR ............. FUND/DEPT
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108408
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108321
1020 593560 06/07/02 625 SA~ JOSE WATER COMPANY 1108504
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 S93560 06/07/02 625 SAN JOSE WATER COMPANY 1108504
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108303
1020 593560 06/07/52 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606640
1020 593560 06/07/02 625 SAN JOSE WATER COHPA~Y 1108504
1020 593560 06/07/02 625 SAN JOSE WA~"~R CC~ANY 5606620
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 5606620
1020 593560 06/07/02 625 SAN JOSE WATER CO,ANY 1108312
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108312
1020 593560 06/07/02 625 SA~ JOSE WATER COMPANY 1108315
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108315
1020 593560 06/07/02 625 SAN JOSE WATER C0~4PANY 1108315
1020 593560 06/07/02 625 SAN JOSE WATER COMPANY 1108407
TOTAL CHECK
..... DESCRIPTION ......
4/30-5/29/02
4/30-5/29
4/3o-s/29/o2
~/30-S/29/02
4/3o-s/29/o2
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/3o-s/29/o2
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-5/29/02
4/30-S/29/02
4/30-5/29/02
4/3o-s/29/o2
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.oo
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
25.00
36.50
90.05
1115.37
85.13
81.86
2094.59
14.47
1266.49
2434.52
9.00
57.29
150.64
594.46
1237.13
36.50
1688.29
63.00
35.93
26650.22
10~ '593561 06/07/02 633
I 593561 06/07/02 633
10. 593561 06/07/02 633
1020 593561 06/07/02 633
1020 593561 06/07/02 633
1020 593561 06/07/02 633
1020 593561 06/07/02 633
1020 593561 06/07/02 633
1020 593561 06/07/02 633
TOTAL CHECK
1020 593562 06/07/02 2701
SANTA CLARA COUNTY SHERI 5606620
SANTA CLARA COUNTY SHERI 5606620
SANTA CLARA COUNTY SHERI 5606620
SANTA CLARA COUNTY SH~RI 1103300
SA/~lTACL4%RA COUNTY SHERI 5606620
SANTA CLARA COUNTY SHERI 5606620
SANTA CLARA COUNTY SHERI 5606620
SANTA CLARA COUNTY S~RI 5606620
SANTA C~ COU~T~Y SH~RI 5806349
SANTA CLARA TRUCK WRECKE 6308840
MAY 26
MAY 27
MAY 30
CHERRY BLOSSOM SECURIT
MAY 28
MAY 25
MAY 19
MAY 18
SECURITY TEEN DANC~
PARTS 8294
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
634.16
317.08
317.08
2790.32
253.67
634.16
634.16
634.16
507.34
6722.13
81.19'
1020 593563
06/07/02 1919 SANTA CLARAVALLEYTRANS 5500000
120 BART TICKETS
0.00
480.00
1020 593564
06/07/02 644 SCREEN DESIGNS 5806349
PRE-SCHOOL T-SHIRTS
0.00
1028.38
1020 593565
1020 593565
TOTAL CHECK
06/07/02 1488 SEA~S 1108302
06/07/02 1488 SEAR~ 1108507
PARTS/SUPPLiES 8276
PARTS/SUPPLIES 8270
0.00
0.00
0.00
496.23
88.73
584.96
1020 593566
06/07/02 M SELDEN, ROBIN 580
REFUNDS 150603 & 15060
0.00
145.00
1020 593567
06/07/02 M SIBILIA, CATHERINE 580
Refund: Check
0.00
20.00
1020 593568
06/07/02 M SMITH, AMANDA 580
Refund: Check
0.00
355.00
1020 593569
1( 593570
06/07/02 2320 SNAP-ON INDUSTRIAL 6308840
06/07/02 1523 JANA SOKALE 4209117
SUPPLIES 8287
SERVICR AGREEMENT FOR
0.00
0.00
199.22
6067.50
RUN DATE 06/06/02 TIME 10:43:27
- FINANCIAL ACCOUNTING
06/06/02 CITY OF CUPERTINO PAGE 10
ACCOUNTING PERIOD: 12/02 CHECK REGISTER - DISBURSEME2~f FUND
SELECTION CRITERIA: tr&nsact.trans_date between "06/03/2002" and "06/07/2002"
FUND - 110 - GEhr~RAL FLrND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 593571 06/07/02 665
1020 593572 06/07/02 2661
1020 593572 06/07/02 2661
TOTAL (Z4ECK
1020 593573 06/07/02 2700
1020 593574 06/07/02 677
1020 593575 06/07/02 2168
1020 593576 06/07/02 M2002
1020 593577 06/07/02 701
1020 593577 06/07/02 701
TOTAL C~ECK
1020 593578 06/07/02 1993
1020 593579 06/07/02 724
1020 593580 06/07/02 M2002
1020 593581 06/07/02 1154
1020 593582 06/07/02 310
1020 593583 06/07/02 310
1020 593584 06/07/02 746
1020 593585 06/07/02 840
1020 593585 06/07/02 840
TOTAL CHECK
1020 593586 06/07/02 745
1020 593586 06/07/02 745
1020 593586 06/07/02 745
1020 593586 06/07/02 745
TOTAL C~ECK
1020 593587 06/07/02 1342
1020 593588 06/07/02 768
1020 593589 06/07/02 1937
1020 593590 06/07/02 783
SOUT~ BAY ~-i~OPOLITA~ 5806449
SPOT WA~ERF~a2~1AGE~ 5606640
SPOT WA~ ~AG~ 5609105
STACEY,S BOOKSTORE #1 1108315
STATE STREET BARK & TRUS 110
S%lF~4IT SUPPLY CORP OF CO 1108303
SUNNYVALE-CUPERTINO 1101500
TARGET STORES 5806349
TARGET STORES 5806349
~F.~%SUP. ER OF~ COU 110
TURF & INDUSTRIAL EQUIPM 5606620
UC REGENTS 1108601
UNITED WAY OF SANTA CLAR 110
VERIZON WIRELESS (FORMER 1108501
VERIZON WIRELESS (FORMER 1102403
VIKING OFFICE PRODUCTS 5506549
BERT VISKOVIC~ 5208003
BERT VISKOVICH 1101500
%94I INC 1103500
VMI INC 1103501
VMI INC 1103500
VMI INC 1108101
VESTA WALDEN 5606620
WEST GROUP PAYMENT CENTE 1101500
WEST VALLEY SECURITY 5606620
WIEBE PAINTIN~ 1108504
..... DESCRIFTION
SERVICE AGREEMENT FOR
MAY 2002 PAYMENT
CIP SPRINKLER REPAIR
DICTIONARIES 8289
'PEPS DEF
4' INGROUND BENC~ W/BA
MCL~ & BAR ASSOCMTG
SUPPLIES 25202
SUPPLIES 23252
A LOPEZ JR 566398126
CLUB CAR CARRYALL 2 PL
INSPECTOR RESP & AUT~
UNITED WAY
#309369653 MAY2002
#608881609 MAlt2002
SUPPLIES 16042
MEDIATION
REVIEW LAW SUIT
VIDEO C3LMEP. A REPAIRS
RENTALS FOR CREST
REPAIR OF SONY DSR SO0
N~C LT PROJECTOR WITE
SERVICE AGREEMENT FOR
#6006903862 CA LGL FLN
SUPPLIES 15767
PER SCOPE OF WORK PAIN
SAL~S TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.Ct0
0.00
0.00
0.00
0.00
0.00
0.00
AMOUNT
2350.08
14583.33
2000.00
16583.33
156.83
2860.63
5596.00
28.00
26.6S
7.57
34.22
161.54
12537.52
69.
108.00
47.37
89.30
95.56
1577.47
720.00
2297.47
432.95
303.10
1030.66
3996.59
5763.30
142.~0
85.78
220.88
2995^~
RUN DATE 06/06/02 TIME 10:43:28
FINANCIAL ACCOUNTING
o~/o~/o~
ACCOUNTING pERIOD: 12/02
SI :ON CRITERIA: trans&ct.trans_date between '06/03/2002' axed '06/07/2002'
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
CKECK R~GISTER - DISBUP~EMENT FUND
IS&~ DT ........... i--V~NDOR ............. FUND/DEFT
..... DESCRIPTION
SALES TAX
0.00
0.00
0.00
PAGE 11
AMOUNT
390819.43
390819.43
390619.43
RUN DATE 06/06/02 TIME 10:43:28
- FIN~NCIA~ ACCOUNTIN(~
-33
DRAFT
A R.ESOLUllON O1=. ~ CITY COUNCI~ OF ~ CITY OF CtTP~RTINO
ALLOWINO CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DES*CRIBED FOR SALARIES
AND WAGES PAID ON
June 07, 2002
WHEREAS, the Director of Administrative Services, or their designated representative
has certified to the accuracy of the following claims and demands and to the availability of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL
Less Employee Deductions
$410,624.61
$(121,804.26)
NET PAYROLL
Payroll check numbers issued 60456 through 60702
Void check number(s)
$288.820.35
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17 day of June ,2002 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3213
FAX: (408) 777-3109
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF HUMAN RESOURCES
Agenda Item No. ~
SUBJECT AND ISSUE
SUMMARY
Meeting Date: July 17, 2002
Approve the terms and conditions of employment for Fiscal Year 2002/03.
BACKGROUND
Terms and conditions of employment are amended following negotiations with
recognized employee organizations. The following amendments have been made as
described in the resolutions identified herein:
Resolution No. 02- J De[ amends a memorandum of understanding (MOU) with
Operating Engineers Local Union No. 3 (OE3) which represents maintenance
employees generally assigned to the Service Center. The MOU provides for a one-
year term covering the period July 1, 2002 to June 30, 2003. The agreement is
consistent with City Council authorization with a total compensation cost of
approximately 4.3%. This includes a 2.5% annual adjustment; previously negotiated
equity adjusmaents; a medical insurance contribution increase of $100 per month;
increased stand-by pay; and a differential for using a Class B drivers' license. In
addition, Christmas Eve and New Years' Eve are expanded from half day to full day
holidays for all City employees.
Resolution No. 02- IDg amends a MOU with the City Employees' Association (CEA)
which represents clerical, technical, and professional employees. The MOU provides
for a one-year agreement with the same total compensation cost of approximately
4.3%. This includes a 2.5% annual adjustment; previously negotiated equity
adjustments; and a medical insurance contribution increase of $82 per month.
Resolution No. 02- [[~) amends the compensation program for unrepresented
(management and confidential) employees. The amendments are comparable to those
negotiated by OE3 and CEA, with the same total compensation cost of approximately
4.3%. This includes a 2.5% annual adjustment; a 1.2% salary adjustment in lieu of
negotiated equity adjustments; and a medical insurance contribution increase of $82
per month.
Cupertino City Council
July 17, 2002
Page 2
As salaries for the Directors of Administrative Services, Community Development,
and Parks and Recreation are among the lowest for comparable positions in Santa
Clara County, the amendments include salary range adjustments for these classes.
The adjustments align our Department Head salaries to the middle range of
compensation provided by comparable cities in Santa Clara County. Although the
salary ranges increase, actual salaries will not increase automatically. Any
compensation adjustments for Department Heads will be performance based requiring
City Manager authorization.
Do
Resolution No. 02- [i ~ amends the Administrative Rules and Regulations of the
Personnel Code. Amendments have been made to be consistent with memoranda of
understanding as described herein.
Resolution No. 02- \[I fixes the employer's contribution for medical and
hospitalization insurance consistent with the Meyers-Geddes State Employees
Medical and Hospital Care Act. The resolution is required pursuant to the Meyers-
Geddes legislation whenever a change occurs concerning the city's contribution for
employee medical insurance.
RECOMMENDATION
Staff recommends that the Ci.ty Council adopt Resolution Nos. 02- ]D~ to 02- II& as
described herein.
Submitted by:
Approved by:
/
S~xndy A~'e
Human Resources Manager
David W. Knapp
City Manager
RESOLUTION NO. 02-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION
WHEREAS, meetings have been held over proposals concerning wages, hours,
and other terms and conditions of employment between representatives of the City and of
the City Employees' Association, the recognized representative of the Miscellaneous
Employees Unit; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in a Memorandum of Understanding to be signed by both parties, which
memorandum has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby adopt the attached Memorandum of Understanding between the
City of Cupertino and the City Employees' Association.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June 2002 by the folloWing vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
MEMBERS OF THE CITY COUNCIL
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
MEMORANDUM OF UNDERSTANDING
Cupertino City Employees' Association
and
City ofCupertino
July 1, 2002 - June 30, 2003
Table of Contents
No Discrimination 1
Salary Schedule 2
Out of Class Wage Pay 3
Hours of Work - Overtime 4.1 - 4.7
PERS Contribution 5
Insurance Coverage 6.1 - 6.5
Holidays 7.1 - 7.3
Temporary Disability Benefits 8.1 - 8.2
Vacation 9
Sick Leave 10. t - 10.6
Sick Leave Verification 11
Family Leave 12
Personal Leave 13
Bereavement Leave 14
Military Leave 15
Pregnancy Disability Leave 16
Adoption Leave 17
Catastrophic Leave 18
Absence Notification 19
Training & Tuition Reimbursement 20
City Sponsored Recreation Programs 21
1
3
3
5
5
6
7
7
8
10
10
10
10
10
10
11
11
12
12
12
Due Process
Layoffs
Reinstatement
Continuation of Benefits
Separability
Ratification
Extended Benefits
Term
22
23
24
25
26
27
28
29
13
13
13
13
13
14
14
14
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO CITY EMPLOYEES' ASSOCIATION
This agreement, entered into the 1st day of July 2002, between the City of Cupertino,
hereinafter referred to as "City", and representatives of the Cupertino City Employees'
Association, hereinafter referred to as "Association", pursuant to California Govermnent Code
3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code
2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This
agreement represents the full and integrated agreement reached between the parties.
SECTION 1: NO DISCRIMINATION
City and Association agree they shall not discriminate in any way on account of race,
color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability,
or for Association activity.
SECTION 2: SALARY SCHEDULE
The following approximate monthly salary ranges will apply for each classification
effective at the beginning of the pay period in which July 1, 2002 occurs.
Classification
Account Clerk
Administrative Clerk
Assistant Civil Engineer
Associate Planner
Building Inspector
Code Enforcement Officer
Engineering Technician
Environmental Programs Asst.
Facility Attendant
Office Assistant
Assistant Planner
Approximate Monthly Salary Range
$3582 - $4354
$3797
$5379
$5231
$5544
$4487
$4574
$4605
$2727
$3034
$4854
-$4615
-$6537
-$6358
-$6740
-$5454
-$5560
-$5599
-$3314
-$3687
-$5900
Co
do
eo
Senior Planner
Pro Shop Attendant
Producer
Program/Promotions Director
Public Works Inspector
Receptionist/Clerk
Recreation Assistant
Recreation Coordinator
Senior Building Inspector
Senior Engineering Technician
Senior Traffic Technician
Special Program Coordinator
Traffic Signal Technician
Traffic Technician
$5609-$6818
$2593- $3153
$3994-$4855
$3636-$4420
$5544-$6740
$2746-$3337
$1954-$2375
$3636-$4420
$5924-$7202
$4929-$5991
$4929-$5991
$3345-$4066
$5130-$6235
$4574-$5560
The City will perform a compensation (salary and retirement only) survey in 2003 with
adjustments, if any, effective July 1, 2003. The following Santa Clara County cities will
be used in the total compensation survey.
Campbell Los Gatos Mt. View Santa Clara
Gilroy Milpitas Palo Alto Saratoga
Los Altos Morgan Hill San Jose Sunnyvale
Comparable classifications must be found in at least six (6) cities for a benchmark
classification to be considered.
The City of Cupertino will place in the top four cities in compensation (salary &
retirement) for each benchmark classification.
Any compensation adjustment for a benchmark classification to place in the top four
cities will also be provided to classifications related to the benchmark as set forth below.
2
A.q.qi.qtant Civil F. ngineer
Bnilding ln~nentor
Public Works Inspector
Sr. Building Inspector
Code F. nforeement Officer
(Alternate - Building Inspector)
Facility, Attendant
(Alternate - Office Assistant)
Enpineerinp Technician
Sr. Engineering Technician
Sr. Traffic Engineer
Traffic Technician
F, nvironmenlal Prom'am,q As.~i~qtant
(Alternate - Engineering Technician)
Administrative Clerk
Receptionist Clerk
Associate Planner
Assistant Planner
Senior Planner
Program/Promotions Director
(Alternate -Associate Planner)
Recreation ,qunervi.qor*
Recreation Coordinator
Special Program Coordinator
Traffic ,qi~nal Technician
(Alternate - Eng. Technician)
*Not in representation trait
SECTION 3: OUT-OF-CLASSIFICATION PAY
Temporary assignment, approved in advance by the department head, to a classification in
a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate
five percent greater than that of the regular position, but not more than the maximum step of the
higher class, whichever is greater, for the number of hours so assigned.
SECTION 4: HOURS OF WORK: OVERTIME
4.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee whether such
hours are worked in the City's work place, or in some other place where the employee is carrying
out the duties of the City.
The normal work week shall be 40 hours in seven days.
4. 2 Overtime
Overtime shall be defined as any work in excess of 40_hours in a seven day work period.
Holidays and paid time off shall count toward the accumulation of the work week.
Overtime work for the City by an employee shall be authorized in advance by the
department head or their designee. In the event of unforeseen circumstances, overtime shall be
approved after the work is completed.
4. 3 Schedules
It will be a management responsibility to schedule the hours of work for each employee
covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of
work will be made after ten days prior notice.
4.4~
Each employee shall be granted a rest period of fifteen minutes during each work period
of more than three hours duration. No wage deduction shall be made nor time off charged against
employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest
periods not taken.
4. 5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one and
one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off,
City Holidays or during an employee's scheduled vacation shall be considered to be overtime and
paid accordingly.
4. 6 Cnmpen.qatnry Time Off
At the employees discretion, compensatory time off may be granted for overtime worked
at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees
who have previously earned compensatory time, shall be allowed to schedule compensatory time
off at dates of the employee's selection provided: 1) that prior supervisory approval has been
obtained, and 2) the request is made in writing.
Compensatory time may be accrued up to 80 hours. Any compensatory time earned
exceeding 80 hours will be paid in cash at the rate of time and one-half.
An employee may exercise his/her option one time each calendar year to convert any/or
all accumulated compensatory time to cash.
4
An employee shall not accrue leave credits (Vacation,. sick leave) during a pay period if
off without pay for more than 40 hours during said pay period.
SECTION 5: P.E.R.S. CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary.
SECTION 6: INSURANCE COVERAGE
6. ] Health - Medical ln.qurance
City agrees to pay an mount as set forth hereinfor medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For
each participating employee, the City shall contribute toward premium cost the following amount
per month during the term of this agreement:
July 1, 2002 - $682.00
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. In instances where the premium for the insurance plan selected is
less than the City's maximum premium contribution, the difference will be added to the
employee's bi-weekly compensation during the first two pay periods of each month.
The City reserves the right of selection and administration as to deferred compensation
plan(s).
If during the term of this agreement, modifications are made to the Federal tax Code
which would result in any of the medical insurance provided be subject to taxation, the contract
will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does
not result in an increase or decrease in the total compensation.
6.2 Dental Insurance
City agrees to pay $74.47 per month for employees and their dependents.
6.312de2,rtsaraaca
City shall provide life insurance and accidental death and dismemberment coverage for
each employee in the amount of two and one half times annual salary to a maximum benefit of
$250,000. Employees may be eligible to purchase additional life insurance subject to the
provisions of the insurance policy.
5
6.4 I,ong Term Disahili~ Insurance
The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may us
sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period.
6.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of $13.34 monthly.
SECTION 7: HOLIDAYS
The City shall provide the following fixed paid (8 Hour) holidays for eligible employees
covered by this agreement:
1. New Year's Day
2. Washington's Birthday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Veteran's Day
7. Thanksgiving Day
8. Day following Thanksgiving
9. Christmas Eve
10. Christmas Day
I1. New Year's Eve
12. Martin Luther King Day
When a holiday falls on a Saturday, the preceding Friday shall be observed as the non-
work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non-
work day.
Nothing contained herein shall preclude the right of the department head with the
approval of the Appointing Authority to reschedule work assignments or hours of work to meet
emergency situations and other administrative necessities caused by the observance of a holiday
or non-work day or period; provided, however, that all such affected employees are duly
compensated for said rescheduled work assignments.
7.2 Floating Holidays
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of no less than one hour. Holiday leave
shall be taken at the discretion of the employee subject to prior supervisory approval.
6
7.3 l-lnlidav Pay
In order for an employee to receive his/her regular pay for a holiday or designated non-
work day, work must be performed on the regular scheduled day before and the regular scheduled
day after the holiday or designated non-work day. Employees on vacation, injury leave, approved
short term leave of absence, with or without pay, or who submit satisfactory evidence of personal
illness shall be considered as working their regular schedule for pay purposes.
SECTION 8: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising out of or in the course of the performance of
his/her job and who cannot work at the duties and responsibilities normally assigned to that job is
entitled to receive temporary disability as prescribed by State law.
8. I 1 lse of Sick l,eave to Sunnlement Temnorarv (not held~ DNahilitv Pavment.~
Any employee entitled to receive temporary disability payments may elect to supplement
such payments with an mount not to exceed that which is the employee's weekly earnings or
weekly earning capacity by use of sick leave payments to the extent that such sick leave has been
accrued to the employee's account.
8.2 [ Ne of Sick 1 ,cave for lndu.~tHal Injury Medical Appnintment.~
An employee who is required to see a physician regarding the injury during regularly
scheduled work hours may use sick leave credits for appointment(s). If the medical appointment
is scheduled during the last hour of the regularly scheduled work day an employee will not be
required to use sick leave credits for said appointment. The last hour provision shall be limited to
one time during any Monday through Friday work period.
SECTION 9: VACATION
All employees, other than those holding temporary status, whose work assignment is of a
recurring nature of not less than a normal work week shall accrue vacation credit. Accrued
vacation credits may be taken with prior supervisory approval.
Benefited full-time employee's accrue vacation in accordance with the following schedule.
Benefited employees who work less than a full-time work schedule accrue vacation in
accordance with the following schedule on a pro-rated basis.
~ Hrn of Accrual Per Pay Annual fleeruah Maximum Accrual
0 - 3 Years 3.08 80 Hours 160 Hours
4 - 9 Years 4.62 120 Hours 240 Hours
10 - 14 Years 5.24 136 Hours 272 Hours
15 - 19 Years 6.16 160 Hours 320 Hours
20 + Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being earned.
Upon termination of employment, unused vacation may not be used to extend final
employment date beyond the annual rate being earned.
Represented employees may convert, up to two times per calendar year, unused vacation
time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation
immediately prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by
law.
3. Minimum exchange will be one day, maximum exchange will be ten days. All
exchanges are irrevocable.
4. A maximum of 80 hours of accrued vacation may be converted for pay during a
calendar year.
SECTION 10: SICK LEAVE
All full time employees, otb. er than those holding temporary status, shall earn eight (8)
hours per month sick leave time without limit on accumulation. Those regular employees
working less than full time (at least 20 hours per week) shall earn in one month the number of
hours of sick leave they would normally work in one day or the equivalent without limit on
accumulation.
Sick leave may be utilized due to the employee's personal illness, injury, maternity or
sickness or injury to the immediate family.
Immediate family is defined as spouse and children. Employees shall, whenever possible,
make appointments for medical, dental and similar purposes on non-work hours. If this is not
possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half hour increments.
10.1 ,qick l.eave Cnnver~qian
10. 2 Sick leave is not vested under California statutory law.
10.3 At the time of termination, the value of non-vested hours is converted to an incentive
compensation bank equal to the employee's base hourly rate at the time of termination.
10.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for eighty-five percent (85%) of the value of the incentive compensation bank.
10..5 If upon resignation an employee has a minimum of 320 non-vested hours, payment
shall be made for seventy percent (70%) of the value of the ine_entive compensation bank.
10.6 Represented employees will have the option, subject to approval of the department
head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's
remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be
96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange
will be 8 hours sick leave for 4 hours of vacation.
An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-
one basis with a maximum of 48 hours and a minimum of 4 hours.
As a condition of converting sick leave to vacation, all employees will be required to use
at least one-half of the vacation accrued during the previous twelve months.
Such conversion, either to exchange sick leave for vacation or vice versa shall be subject
to the following conditions:
ao
bo
co
go
All requests to exchange sick leave for vacation time shall be submitted in writing
to the department head at least fourteen (14) calendar days in advance of intended
vacation utilization.
The granting of such exchange and subsequent use will be at the discretion of the
department head.
If twelve (12) months have elapsed since approval of the exchange of sick leave
for vacation, and the employee has not been permitted the use of the converted
vacation time, (after submitting at least one written request for utilization) the
employee will have the right to re-convert the vacation time to sick leave in
reverse ratio to the original exchange. This exchange will be allowed previously
converted only for previously converted sick time to vacation and will not be
permitted for regularly accrued vacation time.
If an employee, after converting sick leave to vacation time, exhausts all of his/her
remaining sick leave due to injury or illness, he/she may make a written request to
the department head to re-convert vacation time to sick leave on a reverse ratio
basis. Approval will be subject to an assessment by the department head.
If the employee's vacation accrual exceeds the maximum allowable accrual,
he/she will have the option to re-convert vacation time back to sick leave on a
reverse ratio basis. Such re-conversion shall be limited to previously converted
sick leave/vacation and may not exceed the amount necessary to reduce the
accrued vacation to the maximum allowable. Regularly accrued vacation time will
not be eligible for this re-conversion to sick leave and any regularly accrued
vacation time accrued in excess of the maximum allowable will be disallowed and
not subject to utilization by the employee.
NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick
leave to vacation will revert to the original ration at the time the initial exchange was
implemented.
9
SECTION 11: SICK LEAVE VERIFICATION
A Department Head or supervisor may at their discretion require employees to
furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a
request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor
may also require a doctor's certificate or other form of verification where leave abuse is
suspected. If it appears that an employee is abusing sick leave or is using sick leave
excessively, the employee will be counseled that the continued use of sick leave may result
in a requirement to furnish a medical certificate for each such subsequent absence for sick
leave regardless of duration. Continued abuse of leave or excessive use of sick leave may
constitute grounds for discipline up to and including dismissal.
SECTION 12: FAMILY LEAVE
The City of Cupertino will be in compliance with State and Federal Family Leave laws.
SECTION 13: PERSONAL LEAVE
The City shall allow accumulated sick leave credits to be used for medical appointments,
to care for children or members of the immediate family who because of illness cannot care for
themselves, and for medical emergencies.
SECTION 14: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3) work days
upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister,
brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-
in-law and father-in-law.
SECTION 15: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State law. All
employees entitled to military leave shall give their supervisor an opportunity within the limits of
military requirements, to determine when such leave shall be taken.
SECTION 16: PREGNANCY DISABILITY LEAVE
A pregnant employee is entitled up to four (4) months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom.
Employees shall take unpaid leave of absence during such leave except that accrued vacation pay
and sick leave may be taken at the option of the employee.
As with all other temporary disabilities, a physician's certificate is required to verify the
extent and duration of the temporary disability.
10
An employee who plans to take a pregnancy leave must give reasonable notice (if
possible, not less than four (4) weeks) before the date she_expects to take the leave and the
estimated duration of the leave. The City will continue to provide health and welfare benefits
consistent with the provisions of Section 6 of this agreement until the employee is released by her
physician to return to work or for sixty (60) days, whichever comes first.
SECTION 17: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) weeks will be granted to
adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the
employee during this leave time. The City will pay health and welfare benefits at the same rate as
prior to the leave.
SECTION 18: CATASTROPHIC LEAVE
ao
The City's Catastrophic Leave Committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that the
employee must be the one facing the illness. The committee has the right to
establish standards for the granting of leave, and ask the applicant to submit
further documentation from their physician, and to determine the applicant's
eligibility for catastrophic leave.
All benefited employees who have passed initial probation with the City will be
eligible to receive assistance. An employee does not have to be a contributor to be
eligible.
A recipient must have used all of their available leave hours before he/she is
eligible.
The minimum time an employee could receive funds would be one week. The
maximum amount is two months (LTD becomes available at this time).
Vacation hours and compensating time off (CTO) hours are the only leave of
absence credits which may be donated. An employee may not donate leave of
absence credits which would reduce his/her total accrued leave balances to less
than 120 hours. Leave credits may be donated in any pay period. All leave
donations are irrevocable.
A leave of absence transfer drive will be held whenever necessary to provide for a
minimum catastrophic leave bank balance which is the equivalent of 40 hours.
Transfers may be in increments of one hour or more. All donations will be
confidential. There will be no selling or coercion of employees to donate.
Donated vacation leave hours will be converted to cash and deposited in a time-bank
where it will be available for distribution. Interest accruing from the bank shall be credited to the
time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them
in an active employment mode with the City. This procedure prevents overpayments or
corrections since it comes after the actual leave has been taken. (Conversion allows for
adjustments for different rates of pay.) No employee shall receive payment for more than 100%
of their regular pay.
11
An employee or their representative must complete a prescribed application form together
with supporting medical documentation to the Human Resources Division when applying for
funds.
SECTION 19: ABSENCE NOTIFICATION
An employee is expected not to be absent from work for any reason other than personal
illness without making prior arrangements with his/her supervisor. Unless prior arrangements are
made, an employee who, for any reason, fails to report for work must make a sincere ef/brt to
immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether
for personal illness or otherwise, is to continue beyond the first day, the employee must notify the
supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases,
exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will grounds for disciplinary action up to and including dismissal by the
department head. In the absence of such disciplinary action any employee who absents
himself/herself for three days or more without authorized leave shall be deemed to have resigned.
Such absence may be covered, however, by the department head by a following grant of leave
with or without pay when extenuating circumstances are found to have existed.
SECTION 20: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees; and to adopt
a training policy which will encourage employees to avail themselves of job related educational
opportunities that will advance their knowledge and interests in the direction of their career with
the City; and by doing so to improve the Municipal Service. Employees who wish to seek
reimbursement from the City for job related training program costs shall provide a written
request for reimbursement to the Human Resources Division. The form provided shall include
the type of training, sponsoring organization or institution, meeting times and costs.
Once a training program has been approved, any employee covered would be eligible for
reimbursement for job related training. However, no employee shall receive any reimbursement
until they have provided satisfactory proof of successful completion of the training program.
SECTION 21: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to enroll.
Each calendar year, benefited employees are eligible to receive up to $500 toward City of
Cupertino recreation services in accordance with the City's Recreation Buck Policies.
Part-time benefited employees will have the annual amount prorated based on number of
hours worked.
12
SECTION 22: DUE PROCESS
In each and every instance involving the issuance of ~,arning notices, suspensions or the
dismissal or discharge of an employee, such will not be effectuated without the employee first
having been given, in writing the basis for such action being taken and the opportunity to
question the reasons therefore of his/her supervisor or department head. Said opportunity shall be
as soon as is practical after having been served the written notice and shall not constitute any
limitation otherwise available through the grievance or appeal procedures. Any written warning
in an employee's file will be removed from the file after three years.
SECTION 23: LAYOFFS
Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of
work or for other similar and just cause. The order of layoff shall be that which, in the opinion of
the Appointing Authority, will cause the lease disruption of service to the City.
Unless otherwise prevented from doing so as a result of conditions or situations beyond the
City's control, the City will provide a minimum of thirty (30) days notice to any employee
subject to being laid off pursuant to the Rule on layoffs.
SECTION 24: REINSTATEMENT
The names of employees affected by layoff'shall be placed on recall list for a period of
two years in the reverse order of layoff and shall have the first opportunity for reinstatement.
Failure to respond within ten days to a written notice of such opportunity shall cause that name to
be removed from the recall list.
With the approval of the Appointing Authority, a regular or probationary employee who
has resigned with a good record may be reinstated within twenty-four months of the effective
date of resignation to a vacant position in the same or comparable class he/she previously
occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they
had received an original appointment.
SECTION 25: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be
maintained at the standards in effect at the time of execution.
SECTION 26: SEPARABILITY
In the event any provision of this agreement is finally held to be illegal by a court of
competent jurisdiction or void as being in contravention of any law, rule or regulation of any
government agency having jurisdiction over the subject set forth, then the remainder of the
agreement shall continue in full force and effect unless the parts so found to be void are held
inseparable from the remaining portion of the agreement.
13
SECTION 27: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the
Association until it has been ratified by the Association's membership and presented and
approved by the City Council of the City.
SECTION 28: EXTENDED BENEFITS
It is understood and agreed that any more favorable total compensation package agreed to
by the City with any other bargaining unit of employees during the life of this agreement will be
extended to the Cupertino Employee's Association. The more favorable terms will be
incorporated into this agreement.
SECTION 29: TERM
This agreement shall be effective commencing at 12:01 a.m., July 1, 2002 and ending at
11:59 p.m. June 30, 2003.
CITY EMPLOYEES' ASSOCIATION
CITY OF CUPERTINO
Diane E. Arrants
David W. Knapp
Colin C. Jung
Carol A. Atwood
Gary J. Komahrens
Carol T. Ferrell
Susan J. MacGowan
Sandy Abe
Chylene L. Osborne
Kimberly D. Frey
Date:
Date:
Reviewed by City Attorney
Charles T. Kilian
14
Date:
RESOLUTION NO. 02-109
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND OPERATING
ENGINEERS LOCAL NO. 3, AFL-CIO
WHEREAS, meetings have been held over proposals concerning wages, hours,
and other terms and conditions of employment between representatives of the City and of
Operating Engineers Local No. 3, the recognized representative of the Public Works
Employees Unit; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in a Memorandum of Understanding to be signed by both parties, which
memorandum has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby adopt the attached Memorandum of Understanding between the
City of Cupertino and Operating Engineers Local Union No. 3.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002 by the following vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
MEMBERS OF THE CITY COUNCIL
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
MEMORANDUM OF UNDERSTANDING
City of Cupertino
and
Operating Engineers Local No. 3
July 1, 2002 - June 30, 2003
Table of Contents
Category
Definitions
Union Recognition
Non-Discrimination
Representation Rights
Employee Rights
City Rights
Permanent Transfers
Notification of Proposed Change
Hours of Work: Overtime
Compensation for Services
Public Employees Retirement Contribution
Health and Welfare Benefits
Insurance
Paid Absences
Sick Leave
Safety Equipment
City Sponsored Recreation Programs
Training and Tuition Reimbursement
Temporary Disability Benefits
Disciplinary Action
Layoffs
Reinstatement
Grievance Procedure
Impasse Procedure
Section -
1.1 - 1.3
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.1 -9.7
10.1 - 10.9
11.0
12.0
13.0- 13.3
14.1-14.13
15.0- 15.5
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
24.0
Page Number
1
1
2
2
3
3
3
3
4
5
8
8
8
9
14
15
16
16
17
17
18
18
19
20
Category
Continuation of Benefits
Separability
Ratification
Term
Elmwood Work Furlough Program
Section
25.0
26.0
27.0
28.0
Attachment
Page Number
21
21
21
22
23
MEMORAND~OF~ERST~ING
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
This agreement, entered into the 1st day of July, 2002 between the official representatives
of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the
Operating Engineers Local Union No. 3, AFL-CIO, hereinafter referred to as "Union", sets fbrth
the agreement resulting from the several discussions held between the two parties concerning the
wages, hours, and other terms and conditions of employment for the employees of the Public
Works Unit of the City, for which the Union is the recognized sole and exclusive majority
representative. This agreement represents the entire and integrated agreement between the City
and the Union and supersedes all prior representations and agreements, whether written or oral.
General Provisions
SECTION 1: DEFINITIONS
1.1 City - the City of Cupertino, a municipal corporation.
1.2 Union - the Operating Engineers Local Union No. 3
1.3 Employee - All employees whose positions are contained in the Public Works Unit
recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code.
SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is
recognized by the City as majority representative of the employees within the Public Works Unit
consisting of the following classifications as well as any new classifications which may be
appropriate for this unit as determined by the Municipal Employee Relations Officer:
· Equipment Mechanic
· Street Lighting Worker
· Maintenance Worker (T)
· Maintenance Worker I
· Maintenance Worker II
· Maintenance Worker III
2.1 The City shall promptly notify the Union of its decision to implement any and all new
classifications pertaining to work of a nature performed by employees in the bargaining unit.
SECTION 3: NON-DISCRIMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all
employees shall have equal opportmtity in employment without regard to race, religion, political
affiliation, national origin, sex, handicap, sexual orientation or age.
SECTION 4: REPRESENTATION RIGHTS
4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or
discriminate against employees of the City because of their exercise or representation right under
Section 3502 of the Government Code.
4.2 Business Representatives of the Union may have access to any employee or
employees presenting a grievance and employees have the right to have the Union Business
Representative represent him or her at all stages of disciplinary action.
4. 3 The Union may select two (2) employees from the Service Center as Union
Steward.
4. 4 In addition to his/her regularly assigned-work, the Union Steward shall be permitted
reasonable time during working hours to notify the Business Representative through the most
rapid means appropriate and available of any alleged violations of this Memorandum. Employees
are authorized to contact their Union Steward during working hours to report an alleged
grievance or violation of this Memorandum.
4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues
from the earned wages of each employee within the bargaining unit upon receipt of signed
authorization to do so from each employee concerned. The Union agrees to provide a monthly
list of active membership desiring dues deductions to the City. Terminations and other personnel
changes affecting dues payment will be provided to the Union by the City.
4. 6 The City and the Union desire to work towards a good working environment which
includes productivity and respect for each individual regardless of classification or
representation.
4.7 In accordance with SB739, the City agrees to allow for an agency shop vote to be
conducted by State Mediation Selwices if all requirements are met.
- SECTION 5: EMPLOYEE RIGHTS
Employees of the City shall have the right to form, joi_n and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent themselves individually
.in their employment relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against because of his/her exercise of these fights.
SECTION 6: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of services;
determine the procedures and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
for other legitimate reasons; maintain the efficiency of governmental operations; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
The City shall give forty-five (45) days prior written notice to the Union of the intent and
anticipated impact or proposed contracts for work now being done or new work that could be
done by job classifications represented by the Union
SECTION 7: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to
another ten (10) working days prior to the effective date.
SECTION 8: NOTIFICATION OF PROPOSED CHANGE
City agrees to serve written notice upon the Union of any intent to change or alter any
ordinance, rule, resolution or regulation affecting the recognized employee organization on
matters relating to the scope of representation. Upon receipt of the written notification of
intended change, the parties will meet at a date not less than fifteen (15) days following receipt
of intent. After notification, the parties may mutually agree that the Meet and Confer provisions
are satisfied by the written notice.
In cases of emergencies when the City determines that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice of meeting with the Union, the City
shall provide such notice and oppommity to meet at the earliest practical time following the
adoption of such ordinance, rule, resolution regulation consistent with the agreement.
SECTION 9: HOURS OF WORK: OVERTIME
9.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee whether such
hours are worked in the City's work place, or in some other place where the employee is carrying
out the duties of the City.
The normal work week shall be 40 hours in seven days with two consecutive days off.
9. 2 Schedules
It will be a management responsibility to schedule the hours of work for each employee
covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours
of work will be made after ten days prior notice.
Volunteers will be sought for any change in regular work hours to a shift beginning after
9:00 a.m. If there are no volunteers, the regular employee with the least seniority will be
assigned for a maximum of twelve months. The city will'attempt to make four-month
assignments when possible.
Non-emergency work will not be scheduled for a weekend when either Friday or Monday
is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.)
9. 3 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work period
of more than three hours duration. No wage deduction shall be made nor time off charged against
employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest
periods not taken.
9. 4 Overtime
Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid
time off shall count toward the accumulation of the work week.
Overtime work for the City by an employee shall be authorized in advance by the
Department Head or their designee. In the event of unforeseen circumstances, overtime shall be
approved after the work is completed.
9.5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one and
one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off,
City Holidays or during an employee's scheduled vacation shall be considered to be overtime
and paid accordingly.
4
9. 55 Meal Periods
A paid meal period and a $12 meal allowance shall be provided when an employee
works more than three consecutive hours immediately following the end of a regular workday. In
addition, after four additional consecutive hours of overtime work, a paid meal period and a
$12 meal allowance shall be provided. A meal period shall be 40 minutes.
9. 6 Compensatory Time Off
At the employee's discretion, compensatory time (CTO) may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.
Employees who have previously earned CTO, shall be allowed to schedule CTO at the
employee's discretion provided (1) that prior supervisory approval has been obtained and (2) the
request is made in writing.
CTO may be accrued for up to 80 hours. Any CTO earned exceeding 80 hours will be
paid at the rate of time and one-half.
An employee may exercise his/her option one time each calendar year to convert any/or
all accumulated compensatory time to cash.
9. 7 Leave Accruals
An employee shall not accrue vacation or sick leave credits during a pay period if off
without pay for more than 40 hours during said pay period.
SECTION 10: COMPENSATION FOR SERVICES
10.1 2002/2003 Salary Range
ao
The following approximate monthly salary ranges will apply for each
classification effective at the beginning of the pay period in which July 1, 2002
OCCurS.
Classification Salary Range/Approximate Monthly
· Equipment Mechanic $4344- $5280
· Maintenance Worker (T) $3214 (F)
· Maintenance Worker I $3375 - $4103
· Maintenance Worker II $3544 - $4311
· Maintenance Worker III $3908 - $4754
· Street Lighting Worker $3724 - $4526
The City agrees to pay a 10% differential to employees assigned to lead
responsibilities for the work furlough program. Other employees assigned to the
work furlough program will receive a 5% pay differential.
Co
The City agrees to conduct a compensation (salary and retirement only)
survey in 2003 with adjustments, if any, effective July 1, 2003. The following
Santa Clara County cities will be used in the_total compensation survey.
Campbell Los Gatos Mt. View Santa Clara
Gilroy Milpitas Palo Alto Saratoga
Los Altos Morgan Hill San Jose Sunnyvale
d. Comparable classifications must be found in at least six (6) cities for a
benchmark classification to be considered.
e. The City of Cupertino will place in the top four cities in compensation
(salary & retirement) for each benchmark classification.
Any compensation adjustment for a benchmark classification (the two
underlined classifications below) to place in the top four cities will also be
provided to classifications related to the benchmark as set forth below:
Equipment Mechanic
Maintenance Worker I
Maintenance Worker Trainee
Maintenance Worker II
Maintenance Worker III
Street Lighting Worker
10. 3 Out-of-Class
Temporary assignments to a position assigned to a classification in a higher pay grade
shall be compensated at a rate seven and one half percent greater than that of the regular
position, for the number of hours so assigned.
The temporary assignment shall be authorized in writing by the Supervisor or
Superintendent of Public Works. No employee shall work in a higher classification without
written notice. A copy of the authorization shall be submitted with the timesheet for the affected
pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I
positions temporarily assigned to positions of Maintenance Worker II classification.
10. 4 Standby Compensation
Employees who are required to be available during their off-shift hours for possible recall
for emergency service shall be compensated at the following rate per 128 hours so assigned.
7/1/02 - $200.00
6
Minimum manning and skill qualifications for standby assignment shall be determined by
the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified
employees who reside in an area that provides a response time_of 30 minutes or less.
I 0. 5 Callback Pay
If any employee is called or required to report for assigned emergency or other duties
during the period of the close of the regular work day and the start of the next following work
day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period
the employee is required to be available at the work station, and for travel time in connection
therewith to and from the employee's customary residence at one and one-half (1 1/2) times.
Under such circumstances a minimum payment will be made equivalent to two hours at one and
one-half (1 1/2) times the normal rate of pay.
10. 6 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be
reimbursed for such use at the rate established by the IRS.
10. 7 Probationary Period/Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will
advance to the next step of the salary range upon successful completion of the probationary
period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation)
and are scheduled annually thereafter.
I 0. 8 Special Skills Compensation - Qualified Applicator's Certificate/Welding
Effective July 1, 2000 an employee possessing a valid QAC will be eligible for five
percent (5.0%) premium pay for each hour worked when assigned to tasks requiring
possession of the QAC.
An employee possessing a valid Certificate of Welding, qualified in mild steel, pipe,
stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay
for each hour worked when assigned to perform welding on the following "public
liability" and/or "public safety" tasks.
a. Playground equipment
b. Trailer hitches
c. Trailers
d. Welding and installing cranes
e. Water tanks
f. Other welding tasks assigned
7
2. Special Skills Compensation - Assigned Use of Class B Driver's License
An employee is eligible to receive a five per_cent (5%) premium pay when
assigned to operate/drive a vehicle requiring a commercial Class B driver's
license.
10.9 Flexible Staffing - Maintenance Worker I/II
An employee shall be eligible to advance from Maintenance Worker I to
Maintenance Worker II after one year of satisfactory service at the maximum salary step
of Maintenance Worker I and with the recommendation of the department head.
SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary.
SECTION 12: HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and welfare benefits
for eligible employees, as well as those provided by the Operating Engineers Health and Welfare
Trust Fund for Northern California. Any such benefits program must have the continued
approval of the Board of Administration, Public. Employees Retirement System. For each
participating employee, the City shall contribute toward premium cost the following amount per
month during the term of this agreement.
July 1, 2002 - $762.50
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. In instances where the premium for the insurance plan selected is
less than the City's maximum premium contribution, the difference will be added to the
employee's bi-weekly compensation during the first two pay periods of each month. An
employee may elect to have excess medical continued as deferred compensation at the
employee's discretion.
SECTION 13: INSURANCE
13.1 Long Term Disability
The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use
sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period.
13. 2 Life Insurance
The City shall provide life insurance and accidental d_eath and dismemberment coverage
for each employee in the mount of five times annual salary to a maximum benefit of $250,000.
Employees may be eligible to purchase additional life insurance subject to the provisions of the
insurance policy.
13.3 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at
a cost of $13.34 monthly.
SECTION 14: PAID ABSENCES
14.1 Fixed Holidays
The City shall provide the following fixed paid holidays for eligible employees covered
by this agreement:
1. New Year's Day
2. Martin Luther King Day
3. Washington's Birthday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day Following Thanksgiving
10. Christmas Eve
11. Christmas Day
12. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-
work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-
work day.
Nothing contained herein shall preclude the right of the department head, with the
approval of the appointing authority, to reschedule work assignments or hours of work to meet
emergency situations and other administrative necessities caused by the observance of a holiday
or non-work day or period; provided, however, that all such affected employees are duly
compensated for said rescheduled work assignments.
9
14.1.1 Holiday Pay
In order for an employee to receive his/her regular pay for a holiday or designated non-
work day, work must be performed on the regular scheduled day before and the regular
scheduled day after the holiday or designated non- work day. Employees on vacation, injury
leave, approved short term leave of absence, with or without pay, or who submit satisfactory
evidence of personal illness shall be considered as working their regular schedule for pay
purposes.
14.2 Floating Holiday Leave
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of not less than one (1) hour. Holiday
leave shall be taken at the discretion of the employee subject to prior supervisory approval.
Each pay period an employee will be credited with .77 hours of holiday leave. Holiday
leave may be accumulated up to 40 hours.
14. 3 Vacations
All employees, other than those holding temporary status, whose work assignment is of a
recurring nature of not less than a normal work week shall accrue vacation credits during the
calendar year. Accrued vacation may be taken with prior supervisory approval. An employee
may accrue no more vacation credit than twice the annual rate being eamed.
Upon termination of employment, unused vacation may not be used to extend final
employment date beyond the annual rate of vacation being earned.
Represented employees may convert, on a once per calendar year basis, unused vacation
time for payment subject to the following conditions:
1. The employee must have accrued vacation of at least 120 hours.
2. Any payments made for unused vacation will be subject to all appropriate taxes.
3. Minimum exchange will be 8 hours, maximum exchange will be 40 hours.
4. All changes are irrevocable.
10
14. 3.1 Vacation Accrual Rate
Benefited full-time employee's accrue vacation in_ accordance with the following
schedule. Benefited employees who work less than a full-time work schedule accrue
vacation in accordance with the following schedule on a pro-rated basis.
Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual
Period
0 - 3 Years 3.08 80 Hours 160 Hours
4 - 9 Years 4.62 120 Hours 240 Hours
10 - 14 Years 5.24 136 Hours 272 Hours
15 - 19 Years 6.16 160 Hours 320 Hours
20 + Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earned.
14.3.2 Full vacation leave shall be taken at one time by any one employee whenever
possible. The time during the calendar year at which an employee shall take his/her vacation
shall be determined with due regard for the wishes of the employee and particular regard for the
needs of the service. Vacation leave of less than the full mount earned may be taken with the
approval of the department head.
14.3.3 On termination of employment or on receiving a leave of absence of more than
three (3) months, an employee who has completed 12 months of continuous service with the City
shall be entitled to receive compensation for all earned but unused vacation accrued at the time
of termination or at the start of said leave of absence.
14. 3.4 The accrual of vacation credits for those employees whose normal work week is of
not less than one-half (1/2) time shall be prorated according to the time of the recurring work
assignment as to the normal work week.
14.4 Sick Leave
All full time employees, other than those holding temporary status, shall earn eight (8)
hours per month sick leave time without limit on accumulation. Those regular employees
working less than full time (at least 20 hours per week) shall earn in one month the number of
hours of sick leave they would normally work in one day or the equivalent without limit on
accumulation. Employees absent without pay for any reason for more than forty (40) hours
during a calendar month shall not earn sick leave benefits for that month.
11
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half (1/2) hour increments.
14.5 SICK LEAVE VERIFICATION
A Department Head or supervisor may require employees to furnish reasonable
acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave
if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a
doctor's certificate or other form of verification where leave abuse is suspected. If it
appears that an employee is abusing sick leave or is using sick leave excessively, the
employee will be counseled that the continued use of sick leave may result in a requirement
to furnish a medical certificate for each such subsequent absence for sick leave regardless
of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds
for discipline up to and including dismissal.
14. 6 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business
which cannot be conducted outside regular working hours or for family medical emergencies.
14. 7 Bereavement Leave
Employees shall be granted paid bereavement leave not to exceed a total of 24 hours
upon the occasion of death of a close relative. Close relatives are defined as mother, father,
sister, brother, wife, husband, children, step-children, domestic partner, grandparent,
grandchildren, mother-in-law and father-in-law.
14. 8 Military Leave
Military leave shall be granted in accordance with the provisions of state law. All
employees entitled to military leave shall give their supervisor an opportunity, within the limits
of military requirements, to determine when such leave shall be taken.
14. 9 Pregnancy Disability Leave
A pregnant employee is entitled to up to four months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom.
Employees shall take unpaid leave of absence during such leave except that accrued vacation pay
and sick leave may be taken at the option of the employee. As with all other temporary
disabilities, a physician's certificate is required to verify the extent and duration of the temporary
disability.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than 4 weeks) before the date she expects to take the leave and the estimated duration of the
leave until the employee is released by her physician to return to work or for sixty (60) days,
whichever comes first.
12
14.13 Family Leave
The City of Cupertino will comply with State and Federal Family Leave Laws.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statutory law.
15.2 At the time of termination, the value of non-vested hours is converted to an
incentive compensation bank equal to the employee's base hourly rate averaged over the
immediate past 60 complete months of employment multiplied by the total number of non-vested
hours.
15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for eighty-five percent (85%) of the value of the incentive compensation bank.
15. 4 If upon resignation an employee has a minimum of 320 non-vested hours, payment
shall be made for seventy percent (70%) of the value of the incentive compensation bank.
15.5 Represented employees will have the option, subject to approval, of converting sick
leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave
balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time
for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick
leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to
vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours.
As a condition of converting sick leave to vacation, all employees will be required to use
at least one-half (1/2) of vacation accrued during the previous twelve (12) months.
Such conversion, either to exchange sick leave for vacation or vice versa shall be subject
to the following conditions:
a. All requests to exchange sick leave for vacation time shall be submitted in writing to
the department head at least 60 calendar days in advance of intended vacation
utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the
department head.
c. If twelve (12) months have elapsed since approval of the exchange of sick leave for
vacation, and the employee has not been permitted the use of the converted vacation
time, (after submitting at least one written request for utilization) the employee will
have the right to re-convert the vacation time to sick leave in reverse ratio to the
original exchange. This exchange will be allowed only for previously converted sick
time to vacation and will not be permitted for regularly accrued vacation time.
14
14.10 Adoption Leave
Upon request, a leave of absence without pay for up t9 four (4) weeks will be granted to
adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the
employee during this leave time. The City will pay health and welfare benefits at the same rate as
prior to the leave.
14.11 Absence Notification
An employee is expected not to absent herself/himself from work for any reason, other
than personal illness, without m~dng prior arrangements with his/her supervisor. Unless prior
arrangements are made, and employee who, for any reason, fails to report for work must make a
sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for
being absent.
If the absence, whether for personal illness or otherwise, is to continue beyond the first
day, the employee must notify the supervisor or office personnel on a daily basis unless
otherwise arranged with his/her supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action up to and including dismissal by the
department head. In the absence of such disciplinary action, any employee who absents
herself/himself for three (3) days or more without authorized leave shall be deemed to have
resigned. Such absence may be covered, however, by the department head by a following grant
of leave with or without pay when extenuating circumstances are found to have existed.
14.12 Catastrophic Leave
1. The City's catastrophic leave committee will establish a definition of catastrophic or
life-threatening illness. This committee will evaluate each individual case when it is
submitted to qualify to receive financial assistance. The only limitation is that the
employee must be the one facing the illness. The committee has the right to ask the
applicant to submit further documentation from their physician to determine the
applicant does suffer a catastrophic or life-threatening illness.
2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence
credits which may be donated in any pay period. A leave of absence transfer drive
will be held whenever necessary to provide for a minimum catastrophic leave bank
balance of 40 hours.
3. All benefited employees who have passed initial probation with the City will be
eligible to receive assistance. An employee does not have to be a contributor to be
eligible. An employee or their representative must complete a prescribed application
form together with supporting medical documentation to the Personnel Officer when
applying for funds.
4. A recipient must have used all of their available leave hours before he/she is eligible.
5. The minimum time an employee could receive funds would be one week. The
maximum amount is two months (LTD becomes available at this time).
13
If the employee's vacation accrual exceeds the maximum allowable accrual,
he/she will have the option to re-convert vacation time back to sick leave on a
reverse ratio basis. Such re-conversion shall be limited to previously converted
sick leave/vacation and may not exceed the amount necessary to reduce the
accrued vacation to the maximum allowable.
Regularly accrued vacation time will not be eligible for this re- conversion to sick leave
and any regularly accrued vacation time accrued in excess of the maximum allowable will be
disallowed and not subject to utilization by the employee.
NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of
sick leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
SECTION 16: SAFETY EQUIPMENT
The City will pay on an annual basis the following amount to employees for the purchase
of safety equipment during the term of this agreement:
July 1, 2002 - 400.00
a. rain gear
b. hard hats
c. vests
d. safety shoes
e. goggles/safety glasses
f. gloves
g. ear plugs
The City shall retain the right to establish minimum safety and quality standards for the
clothing and safety equipment to be used while performing assigned tasks.
For new employees the safety and equipment allowance will be prorated from the date of
employment through the end of the fiscal year in which appointed (June 30).
Any employee who, for whatever reason, terminates his/her employment with the City
before the beginning of the next fiscal year, shall return to the City the prorated value of said
safety equipment allowance.
15
The City will provide and launder shirts or overalls which shall be wom while carrying
out the duties of the City.
It will be the responsibility of the employee to have ~e required clothing and/or safety
equipment needed for the tasks assigned. If an employee should be at work without the required
clothing or safety equipment, that employee will not be paid until he/she is at the work site with
the required clothing and/or safety equipment.
SECTION 17: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege Of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to
enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward
City of Cupertino recreation services in accordance with the City's Recreation Buck
Policies. Part-time benefited employees will have the annual amount prorated based on
number of hours worked.
SECTION 18: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees and to adopt
a training policy which will encourage employees to avail themselves of job related educational
opportunities that will advance their knowledge and interests in the direction of their career with
the City and by doing so to improve the Municipal Service. Employees who wish to seek
reimbursement from the City for training program costs shall provide a written request for
reimbursement to their immediate supervisor. The request shall include the type of program,
sponsoring organization or institution, meeting times and costs for such program.
A copy of the supervisor & superintendent's recommendation to the department head
shall also be provided to the employee. The employee will initial supervisor's comments and the
superintendent's recommendation prior to going to the department head for approval or denial.
Once a training program has been approved, any employee covered by this agreement
will be eligible for reimbursement. However, an employee shall not receive any reimbursement
until providing satisfactory proof of successful completion of the program.
18.1 Service Center Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training
program to include, but not limited to: CPR, first aid, safe work habits and emergency response
roles. The City shall have two members and the Union shall have one member from each
Service Center Bureau.
16
SECTION 19: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising out of, or i_n the course of, the performance of
his job and who cannot work at the duties and responsibilities normally assigned to that job is
entitled to receive temporary disability payments as prescribed by state law.
19.1 Use of Sick Leave to Supplement Temporary Disability Payments
Any employee entitled to receive temporary disability payments may elect to supplement
such payments with an mount not to exceed that which is the employee's weekly earnings or
weekly earning capacity by use of sick leave payments to the extent that such sick leave has been
accrued to the employee's account. Sick leave hours used will subsequently be credited to the
employee's account by dividing the employee's base hourly rate into the amount that the
employee would have received in industrial injury pay.
SECTION 20: DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the
minimum disciplinary action will be taken commensurate with the seriousness of the offense
which has resulted in such discipline. The severity of the discipline will increase if corrective
action is not taken.
The first and/or most modest step of progressive discipline in the case of minor breaches
of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach
continues, or the offense is more than minor, in the judgment of the supervisor, the employee
shall be notified through the issuance of an infraction notice. Such infraction notices shall remain
in the supervisor's file and be destroyed after twelve months.
Should the offense, in the judgment of the supervisor, be so serious or be of a continuous
nature, the supervisor shall recommend more serious reprimand measures or disciplinary action
to the Superintendent. These measures would include, but not be limited to, written reprimands,
suspensions and termination.
When the disciplinary action recommended by the supervisor, and with the concurrence
of the Superintendent, would impact "property rights" of the employee as defined by the courts
of California, it shall be referred to the Director of Public Works.
17
A written notice from the Director of Public Works to the employee at least five days
prior to any action, shall state the proposed disciplinary action. The notice shall also contain:
a. effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the materials upon which the allegation(s) are based and access to any other related
items
e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond
either orally or in writing to the Director of Public Works prior to the effective date of
the proposed action; and the employee's right of appeal
f. a statement that the action will become final if the employee fails to respond to the
notice within the specified time
It is understood that an employee's request for a Skelly meeting will postpone the
effective date of action until the Skelly has been heard and the City has responded to issues
raised in the Skelly meeting. In this case the effective date will be five (5) days from the
Director's response.
SECTION 21: LAYOFFS
Layoffs of employees may be made by the appointing authority for lack of funds, lack of
work or for other similar and just cause.
The order of layoff shall be that which, in the opinion of the appointing authority, will
cause the least disruption of service to the City; taking into consideration seniority, performance
or whether the employee's skills can be replaced by the existing work force.
The City will provide a 30 day notice to any employees identified for layoff.
The names of employees affected by layoff shall be placed on a recall list for a period of
two years in the reverse order of layoff and shall have the first opportunity for reinstatement.
Failure to respond within ten business days to a written notice of such opportunity shall
cause that name to be removed from the recall list.
SECTION 22: REINSTATEMENT
With the approval of the appointing authority, a regular or probationary employee who
has resigned with a good record or been recalled from a layoff action may be reinstated within
twenty-four months of the effective date of resignation to a vacant position in the same or
comparable classification they previously occupied. Upon reinstatement, the employee, for all
purposes, shall be considered as though they had received an original appointment.
18
SECTION 23' GRIEVANCE PROCEDURES
Definition and Procedure: a grievance is a dispute or_difference of opinion raised by an
employee against the City involving the meaning, interpretation or application of the express
provisions of this Agreement or the Rules on Conditions of Employment or existing work rules.
A grievance shall be processed in the following manner:
Step 1: Any employee who has a grievance shall submit it designated as a grievance to
the employee's immediate supervisor, who is designated for this purpose by the City.
The supervisor shall give the employee an oral answer within five (5) calendar days after
such presentation.
Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the
grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's
next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer
due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative
or Union Business Agent. The written grievance shall contain a complete statement of the facts,
the provisions or provisions of this Agreement. or work rules which the City is alleged to have
violated and the relief requested. The supervisor or other person designated for this purpose shall
discuss the grievance within five (5) calendar days with the employee and the Union
Representative at a time mutually agreeable to the parties. If no settlement is reached, the
supervisor or other person designated for this purpose shall provide the employee a written
answer within five (5) calendar days following their meeting.
Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the
grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's
department head within five (5) calendar days after the supervisor's answer in Step 2 and shall be
signed by both the aggrieved employee and the Union Representative or Union Business Agent.
The department head shall discuss the grievance within five (5) calendar days with the employee
and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the
department head shall give the City's written answer to the employee within five (5) calendar
days following their meeting.
Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the
grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory
mediation as described below within fourteen (14) calendar days after the decision is provided at
the third step.
1)
The parties shall attempt to agree upon an advisory arbitrator within seven (7)
calendar days after receipt of the notice of referral. In the event that parties are unable
to agree upon an advisory arbitrator within said seven (7) day period, the parties shall
immediately jointly request the State Mediation and Conciliation Service to submit a
panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in
its entirety and request that a new panel be submitted. Both the Union and the City
shall have the right to strike two (2) names from the panel. The person remaining
shall be the advisory arbitrator.
19
2) The advisory arbitrator shall be notified of his/her selection and shall be requested to
set a time and place for the hearing, subject to the availability of Union and City
representatives. _
3) The City or the Union shall have the right to request the arbitrator to require the
presence of witnesses or documents. The City and the Union retain the right to
employ legal counsel.
4) The advisory arbitrator shall submit his/her recommendation in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties,
whichever is later.
5) More than one grievance may be submitted to the same advisory arbitrator if both
parties mutually agree in writing.
6) The fees and expenses of the advisory arbitrator and the cost of a written transcript
shall be divided equally between the City and the Union; provided, however, that
each party shall be responsible for compensating its own representatives and
witnesses.
Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no
right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.
The advisory arbitrator shall consider and decide only the question of fact as to whether there has
been a violation, misinterpretation, or misapplication of the specific provisions of this
Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the
grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no
authority to make a recommendation on any issue not so submitted or raised. The advisory
arbitrator shall be without power to make recommendations contrary to or inconsistent with, in
any way, applicable laws or.rules and regulations of administrative bodies that have the force and
effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers,
duties and responsibilities of the City under law and applicable court decisions. The
recommendation shall be advisory only.
SECTION 24: IMPASSE PROCEDURE
The following procedures, extracted from the Municipal Code (Section 2.52.410), shall
apply in the event the parties are unable to resolve and impasse satisfactorily:
24.1 Impasses
Impasse procedures may be invoked only after the possibility of settlement by
direct discussion has been exhausted. The impasse procedures are as follows:
1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation
proceedings shall be private. The mediator shall make no public
recommendation nor take any public position concerning the' issue.
2. A determination by the City Council after a hearing on the merits of this
dispute.
3. Any other dispute resolving procedures to which the parties mutually
agree or which the City Council may order.
20
Any party may initiate the impasse procedure by filing with the other party (or parties)
affected a written request for an impasse meeting together with a statement of its position on all
disputed issues. An impasse meeting shall then be sched_uled by the municipal employee
relations officer forthwith after the date of filing of the written request for such meeting, with
written notice to all parties affected. The purpose of such impasse meeting is twofold:
a) To permit a review of the position of all parties in a final effort to reach agreement on
the disputed issues, and
b) If agreement is not concluded, to mutually select the specific impasse procedure to
which the dispute shall be submitted; in the absence of agreement between the parties
on this point, the matter shall be referred to the City Council.
Bo
The fees and expenses, if any, of mediators or of any other impasse procedure,
shall be payable one-half of the City and one-half by the employee organization
or employee organizations.
SECTION 25: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be
maintained at the standards in effect at the time of execution.
SECTION 26: SEPARABILITY
In the event any provisions of this agreement is finally held to be illegal by a court of
competent jurisdiction or void as being in contravention of any law, rule or regulation of any
government agency having jurisdiction over the subject set forth, then the remainder of the
agreement shall continue in full force and effect unless the parts so found to be void are held
inseparable from the remaining portion of the agreement.
SECTION 27: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the
Union following signing of this memorandum by the parties until it has been ratified by the
Union's membership and presented and approved by the City Council of the City.
2 7.1 Extended Benefits
It is understood and agreed that any more costly total compensation package agreed to by
the City with any other bargaining unit of employees during the life of this agreement will be
extended to the Union. The more favorable terms will be incorporated into this agreement.
21
SECTION 28: TERM
This agreement shall be effectively commencing at 12:_01 a.m. July 1, 2002 and ending at
11:59 p.m. June 30, 2003.
OPERATING ENGINEERS LOCAL
UNION No. 3
CITY OF CUPERTINO
Brian W.'Gathers
David W. Knapp
Karl L. Olsen
Carol A. Atwood
Cindy Martinez
Ralph A. Quails, Jr.
Marc A. LaBrie
Sandy Abe
Richard S. Burmss
Date: Date:
Reviewed by City Attorney
Charles T. Kilian
Date:
22
Attachment
Elmwood Work Furlough Program
Purpose:
To provide a public service for local government through the availability of individuals in a
sentencing alternative program, to perform clean-up type duties.
Affected Employees:
1. All employees hired on or after January 1, 1995 may be required to participate in the
Elmwood Work Furlough Program (EWFP).
2. Participation by employees hired prior to January 1, 1995 will be on a voluntary basis.
Participation:
1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP.
2. Assistant Crew Leader will be assigned as necessary to the EWFP.
3. Employees will be provided ten (10) calendar days notice prior to permanent assignment
with the EWFP.
4. With the exception of volunteers, employees with the least seniority who have received
EWFP training will be assigned within 30 days. of the completion of training to participate
as staffing is required.
Compensation:
1. Administrative Crew Leader - 10% above base pay.
2. Assistant Crew Leader - 5% above base pay.
Responsibility:
The following responsibilities/tasks are assigned to participants in the EWFP.
1. Administrative Crew Leader
a. Knowledge of EWFP policies, rules, and regulations.
b. Daily administrative of the EWFP.
c. Assignment of inmates consistent with direction of the
Supervisor.
d. Conduct an 8:00 a.m. roll call at the beginning of each day.
e. Notify, Elmwood if an inmate does not arrive on time.
f. Assign tools and safety equipment to inmates.
g. Supervise inmates consistent with the provisions of the
Manual".
h. Conduct a 4:00 p.m. roll call at the end of each day.
responsible Public
"Satellite Crew
Works
Supervisor
23
An Administrative Crew Leader will not perform manual work that will distract from fully
monitoring the EWFP crew.
2. Assistant Crew Leader
a. Knowledge of EWFP policies, roles, and regulations.
b. Supervise inmates consistent with the provisions of the "Satellite
Manual".
c. Contact the Administrative Crew Leader concerning EWFP issues.
d. Lock and secure Corporation Yard at the end of the day.
Crew Supervisor
An Assistant Crew Leader will not perform manual work that will distract from fully monitoring
the EWFP crew.
Liability:
An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while
performing duties within the scope of his/her job.
24
DRAFT
RESOLUTION NO. 02 -110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING RESOLUTION NO. 00-185, UNREPRESENTED
EMPLOYEES' COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Unrepresented Employees'
Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation
Program be amended as shown in Attachment "A" which is incorporated in this resolution by this
reference.
PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino
this 17th day of June, 2002 by the following vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
MEMBERS OF THE CITY COUNCIL
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Attachment "A"
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND
DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated either as management or confidential positions shall be eligible for
participation under the Unrepresented Employees Compensation Program as hereby adopted by
action of the City Council and as same may be amended or as otherwise modified from time to
time.
It is the stated purpose of this Compensation Program to give recognition to and to
differentiate those eligible employees from represented employees who achieve economic gain
and other conditions of employment through negotiation. It is the intent that through this policy
and those which are adopted or as may be modified or rescinded from time to time such
recognition may be given.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as management or confidential employees as defined under section 2.52.290 of the
Cupertino Municipal Code. These are as designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with provision of the Personnel Code, the
positions in the following classifications have been designated as unrepresented.
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:
Classification Title
Accountant
Accounting Technician
Administrative Secretary
Assistant City Attorney
Assistant Director of Public Works
Building Official
City Clerk
City Manager
City Planner
Deputy City Attorney
Deputy City Clerk
Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Environmental Programs Manager -
Finance Manager
GIS Coordinator
Human Resources Manager
Human Resources Technician
Network Specialist
Public Information Officer
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued)
Public Works Projects Manager
Public Works Supervisor
Public Works Superintendent
Recreation Supervisor
Secretary to the City Attorney
Secretary to the City Manager
Senior Architect
Traffic Engineer
Adopted by Action of the
City Council, April 1, 1974
Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91,
7/92, 6/95, 6/96, 7/99, 6/02
2
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitably of pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon
the City's ability to pay consistent with its fiscal policies.
As rates of pay are developed through meet and confer processes subject to the underlying
provisions of the Pay Plan for administration purposes, so are those rates of pay included herein
as a part of this Compensation program. The inclusion herein of said rates and schedules does
not affect any effective dates or otherwise reflect on the approval processes required but is shown
as an integral part of this Program for completeness of record.
Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95
City of Cupertino
UNREPRESENTED EMPLOYEES'COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
A. Management Personnel
It is City of Cupertino policy that eligible persons, other than the City Manager, under this
Compensation Program shall be reimbursed in accordance with the schedules, terms and
conditions as set forth herein for attendance at conferences, meetings and training sessions as
defined below for each. It is the intent of this policy to encourage the continuing education
and .awareness of said persons in the technical improvements and innovations in their fields
of endeavor as they apply to the City. One means of implementing this encouragement is
through a formal reimbursement schedule for authorized attendance at such conferences,
meetings and training sessions.
B. Non-Management Personnel
When authorized by a Department Head, a non-management person may attend a conference,
meeting or training session subject to the stated terms and conditions included herein for each
with payment toward or reimbursement of Certain expenses incurred being limited to
authorized actual costs thereof.
II DEFINITIONS
A. Budgetary Limitations
Funding capability for payment toward or reimbursement of expenses incurred for attendance
at conferences, meetings and training sessions shall be limited to the amount appropriated as
a line item for each applicable amount.
B. Conferences
A conference is an annual meeting of a work related organization the membership of which
may be held in the name of the City of the individual.
4
C. Local Area
A local area is that within an approximate 100 mile radius-or two hours drive of the City.
D. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
E. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
III REIMBURSEMENT SCHEDULE
A. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
B. Transportation
When an expenditure is authorized or is eligible for reimbursement the City will pay
transportation costs from the attendee's home to the destination and return on the basis of the
costs for the nearest route by air at the air coach fare. Transportation costs also may include
limousine or taxi service to and from the attendee's home and the airport or for airport or
destination parking charges for personal automobiles so parked when such is used in lieu of
travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per
mile then in effect for such use except in no case shall it exceed air coach fare.
Requests for car rentals must have prior approval by the City Manager for reimbursement.
Reimbursement for use of a personal automobile on City business within a local area will not
be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
5
Co
Hotel
Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost
of the room. Such payments or reimbursements shall not be made for hotel or lodging
expense when incurred within the local area. Exceptions to this requirement shall be for
attendance at the Annual League of California Cities Conference and for those nights when
attendance at other conferences, meetings and training sessions official functions would
preclude the return to the City by the attendee within two hours after the end of the normal
working day.
D. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the
actual costs consistent with the application of reasonable standards.
Costs of special luncheon or dinner meetings or other programs on the agenda and not
covered by registration fees may be paid or reimbursed in addition to this daily allowance
when approved by the City Manager.
Other reasonable expenses related to business purposes shall be paid consistent with this
policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be
reimbursed upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard or reasonableness for the situation as may be defined by the City Manager.
IV ATTENDANCE AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance, authorization contained herein, reimbursement for expenses
incurred or expenditures made relative to conferences, meeting or training sessions shall not
exceed the budgetary limitations.
6
B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by the Department
Head or the City Manager.
C. Meetings
Any employee, management or non-management, may attend a meeting when authorized by
the Department Head.
D. Training Sessions
Any employee, management or non-management, may attend a training session when
authorized by the Department Head.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
There also will be an appropriation to the Department of Parks and Recreation each year to be
used as payment toward or reimbursement of expenses incurred for its in-service training
program.
Excluded from this funding capability is that amount to be determined each year and
appropriated to the Personnel Division for costs incurred in training programs of a general
nature and applicable to all employees.
Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92
7
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated fairly for the use of personal automotive vehicles on City business. In many
instances the use of personal vehicles is a condition of employment due to the absence of
sufficient City owned vehicles for general transportation purposes. It is not intended, however,
that such a condition of employment should work an undue hardship. For this reason, the
following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the Department Head.
Employees in the following classifications shall be paid on a monthly basis the following
automobile allowance:
Classification
City Manager
City Attorney
Director of Administrative Services '
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Assistant Director of Public Works
City Clerk
Human Resources Manager
Public Information Officer
Senior Architect
Traffic Engineer
Recreation Supervisor
Secretary to City Manager
Allowance
$350.00
350.00
300.00
300.00
300.00
300.00
250.00
250.00
250.00
250.00
250.00
250.00
200.00
200.00
Employees receiving automobile allowance shall be eligible for reimbursement for travel
that exceeds two hundred miles round trip.
Adopted by Action of the City Council
April 1, 1974
Revised
7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90,
7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be entitled to City sponsored association memberships as well as receiving subscriptions to
professional and technical publications. Such sponsorship, however, shall be conditioned upon
the several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited. Each claim for City sponsored membership shall be
submitted by or through the Department Head with their concurrence to the City Manager for
approval.
Subscriptions to or purchase of professional and technical publications may be provided
at City expense when such have been authorized by the Department Head providing the subject
matter and material generally contained therein are related to municipal governmental operations.
Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management and non-represented professional employees are ineligible for overtime
payments for time worked in excess of what otherwise would be considered as a normal work
day or work week for other employees. However, no deduction from leave balances are made
when such an employee is absent for less than a regular work day. Nothing in this policy
precludes the alternative work schedule, which may include an absence of a full eight hour day,
when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97
10
City of Cupertino
UNREPRESENTED EMPLOYEES'COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which employees in Management and Confidential positions and their dependents may be
covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute an amount of $702.00 per employee
per month towards the premium or pay the full cost of the premium if less than this amount. If
the premium amounts for any employee covered by this policy are less than $702.00 per month,
the difference between the premium amount and $702.00 will be included in the employee's
gross pay.
Adopted by Action of
the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84,
7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02
11
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No, 8
FLEXIBLE HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the
City.
Employees occupying these positions shall be provided 20 hours per calendar year as
non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up
to two times their annual accrural.
Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 6/89, 7/92, 7/99
12
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
LIFE AND LONG TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for
Management and Confidential employees that will mitigate the personal and family financial
hardships resulting from continuing disability that prevents an employee from performing
gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life
insurance benefits in an amount of two and one half times the employee's annual salary to a
maximum of $250,000.00.
Employees occupying unrepresented positions may enroll in the disability income
program and the life insurance program offered if eligible under the contract provisions of the
policy and the personnel rules of the City. The full cost of premiums for these programs shall be
paid by the City for such employees.
Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81.6/82, 6/92
13
--lq
City of Cupertino
UNREP~S~D EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for management and confidential employees for services
performed for the City. The City participates in the California Public Employees' Retirement
System (PERS) and deferred compensation plans have been established. Both the employee and
employer may make contributions from current earnings to these plans. The purpose of this
policy is to promote means by which compensation may be provided in such manner and form to
best meet the requirements of the City and the needs of individual employees, thereby increasing
the ability, to attract and retain competent management and confidential employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan.
Employee contributions to such plans may be made in such mounts as felt proper and necessary
to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
14
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
It is the policy of the City of Cupertino to pay the eligible employee's contribution rate to
the Public Employees' Retirement System not to exceed seven percent (7%) of the applicable
salary.
Adopted by Action of
the City Council
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92
15
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which
employees in Management and Confidential positions and their dependents may be covered. The
purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $74.47 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with Personnel Rules of the City and the provisions of the contract for such
insurance between the City and carder or carriers.
Adopted by Action of
City Council
July 1, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99
16
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Manager, City Attorney, and department heads shall receive forty (40) hours of
administrative leave with pay per year. Unrepresented employees exempt from the provisions of
the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with
pay per year.
Employees may accumulate administrative leave hours up to their annual accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99
17
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of Management and Confidential employees and their eligible dependents. The
purpose of this program is to provide professional assistance and counseling concerning
financial, legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
June 17, 1996
18
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT - VACATION ACCUMULATION
The City Manager, City Attorney, and department heads shall earn vacation hours under
the same vacation accumulation schedule as all other employees. Credit shall be provided for
previous public sector service time on a year-for-year basis as to annual vacation accumulation.
Credit shall only be given for completed years of service. Public service credit shall not apply to
any other supplemental benefit. Employee(s) affected by this policy will have the responsibility
of providing certification as to previous public sector service.
Adopted by Action of the City Council
July 7, 1997
Revised 6/99
19
City of Cupertino
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance will be offered to the City Attorney and department heads pursuant to
Resolution No. 99-070 as amended.
Adopted by Action of the City Council
July 7, 1997
Revised 7/99
20
City of Cupertino
Unrepresented Employees' Compensation Program
Policy No. 17
VISION INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which
employees and their dependents may be covered. The purpose of this program is to promote and
preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $13.34 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers
providing vision insurance coverage,
Adopted by Action of the City Council
July 1997
Revised 7/99, 6/02
21
City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Attachment 'T'
City Council
and
Planning Commission
Compensation
Effective July 1, 2002
CITY OF CUPERTINO
CLASSES OF POSITION/CITY COUNCIL
AND PLANNING COMMISSION
EFFECTIVE JULY 1, 2002
The salaries, wages or rates of pay for those officers and employees whose positions are exempt
under the provisions of the Cupertino Municipal Code, and members of the City Council and
Planning Commission, are set forth below.
CLASSIFICATION
CITY MANAGER
DIRECTOR OF ADMINISTRATIVE SERVICES
DIRECTOR OF PARKS & RECREATION
DIRECTOR OF COMMUNITY DEVELOPMENT
DIRECTOR OF PUBLIC WORKS
CITY ATTORNEY
MEMBERS OF THE CITY COUNCIL
MEMBERS OF THE PLANNING COMMISSION -
$50/rneeting (maximum $200/mo)
Only the City Council can modify these rates.
$14,295
$9,812 - 11,927
$9,222 - 11,209
$9,222 - 11,209
$10,014 - 12,169
$13,105
$618.85/mo.
CITY OF CUPERTINO
CLASSES OF POSITIONS BY PAY GRADE
MANAGEMENT CLASSIFICATIONS
EFFECTIVE JULY 1, 2002
Classification
Assistant City Attorney
Building Official
City Clerk
City Planner
Environmental Programs Manager
Human Resources Manager
Information Technology Manager
Public Information Officer
Public Works Projects Manager
Public Works Supervisor
Recreation Supervisor
Service Center Manager
Approx. Monthly Salary Range
$5,868 - 7,132
$7,235 - 8,795
$5,868 - 7,132
$7,235 - 8,795
$5,781 - 7,027
$6,920 - 8,411
$6,694 - 8,138
$5,868 - 7,132
$5,868 - 7,132
$5,418 - 6,586
$5,418 - 6,586
$7,235 - 8,795
CITY OF CUPERTINO
CLASSES OF POSITIONS BY PAY GRADE
CONFIDENTIAL CLASSIFICATIONS
EFFECTIVE JULY 1,200~
Classification
Accountant
Accounting Technician
Administrative Secretary
Community Relations Coordinator
Deputy City Attorney
Deputy City Clerk
GIS Coordinator
Human Resources Technician
Network Specialist
Secretary to the City Manager
Secretary to the City Attorney
Approx. Monthly Salary_ Range
$4,852 - 5,898
$4,503 - 5,473
$4,042 - 4,914
$4,665 - 5,671
$4,855 - 5,901
$4,042 - 4,914
$4,665 - 5,670
$4,503 - 5,473
$4,665 - 5,671
$4,422 - 5,375
$4,422 - 5,375
UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM
INDEX
Category_
PROGRAM PURPOSE AND DEFINITIONS FOR
ELIGIBILITY
SALARY SCHEDULE
TRAINING AND CONFERENCES
I POLICY
II DEFINITIONS
III REIMBURSEMENT SCHEDULE
IV ATTENDANCE AUTHORIZATION
V FUNDING
AUTOMOBILE ALLOWANCES AND MILEAGE
REIMBURSEMENTS
ASSOCIATION MEMBERSHIP AND
PROFESSIONAL PUBLICATIONS
OVERTIME WORKED
HEALTH BENEFITS PLAN - EMPLOYER
CONTRIBUTION
FLEXIBLE HOLIDAYS
LIFE AND LONG TERM DISABILITY INSURANCE
DEFERRED COMPENSATION
Policy No.
1
2
3
3
3
3
3
3
4
6
7
8
9
10
Page
1
3
4
4
4
5
6
7
8
9
10
11
12
13
14
Category Policy No.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM 11
CONTRIBUTIONS
DENTAL INSURANCE - EMPLOYER CONTRIBUTION 12
ADMINISTRATIVE LEAVE 13
EMPLOYEE ASSISTANCE PROGRAM 14
PUBLIC SERVICE CREDIT - VACATION ACCUMULATION 15
HOUSING ASSISTANCE PROGRAM 16
VISION INSURANCE - EMPLOYER CONTRIBUTION 17
ATTACHMENT 'T' - LISTING OF CLASSIFICATIONS - SALARY
SCHEDULE
Page
15
16
17
18
19
20
21
DRAFT
RESOLUTION NO. 02-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO FIXING
THE EMPLOYER'S CONTRIBUTION UNDER THE 19IEYERS-GEDDES STATE
EMPLOYEES MEDICAL AND HOSPITAL CARE ACT
WHEREAS, Government Code Section 22825.6 provides that a local agency
contracting under the Meyer-Geddes State Employees' Medical and Hospital Care Act
(Act) shall fix the amount of the employer's contribution at an amount not less than that
required under Section 22825 of the Act; and
WHEREAS, the City of Cupertino is a local agency contracting under the Act;
NOW, THEREFORE, BE IT RESOLVED that the employer's contribution for
each employee/annuitant shall be the amount necessary to pay the cost of his/her enroll-
ment, including the enrollment of his/her family members, in a health plan or plans, up to
a maximum as set forth herein effective July 1, 2002:
Code Bargaining Unit Cost Per Month
01 Management $702.00
02 Confidential $702.00
03 Cupertino Employees' Association $682.00
04 Operating Engineers Union Local #3 $762.50
PASSED AND ADOPTED at a regular City Council meeting of the City of
Cupertino this 17th day of June, 2002 by the following vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
MEMBERS OF THE CITY COUNCIL
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
DRAFT
A RF_,SOLUT[OH OF THE, CITY COUNCIL OF '['HE CITY OF CUPERTINO
AMENDING THE ADMINISTRATIVE RULES AND REGULATIONS OF THE
PERSONNEL CODE.
WHEREAS the City Council desires to amend the Administrative Rules and Regulations
of the Personnel Code.
NOW, THEREFORE BE IT RESOLVED that the Administrative Rules and Regulations
of the Personnel Code be amended as shown in Attachment "A" which is incorporated in this
resolution by reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
APPROVED:
City Clerk
Mayor, City of Cupertino
ATTACHMENT A
PARTI
_PERSONNEL RULES
SECTION 1 DI~,FINITIONS
1.1
Administrative Leave: Leave granted by the City M_ anager with or without pay for
a maximum of thirty (30) calendar days.
1.2
Allocation: The assignment of a single position to its proper classification in
accordance with the duties performed and levels of responsibility.
1.3
Anniversary Date: A date set following a beginning level or promotional
appointment, on which an employee is due for a performance evaluation, or is
eligible for status change, or should be considered for a merit increase.
1.4 Applicant: A person who has submitted an application for employment.
I. 5 Anpointine Authority: The City Manager.
1.6 Candidate: An applicant invited to compete in the examination process.
1.7 Certification Notice: The submission of names of eligibles from an eligible list.
1.8
Class Specification: The official description of a job classification including the
title, a statement of duties and levels of responsibilities, distinguishing
characteristics from other classes if applicable, and qualification standards
including education, experience, knowledge, skills, and abilities.
1.9
Classification (Class): A group of positions having duties and levels of
responsibility sufficiently similar that the same job title, examples of duties,
qualification standards, and methods of selection and compensation may be
applied.
1.10 Confidential Classification: Confidential classes as defined in City Resolution
No. 9901.
1.11
Continuous Service: The uninterrupted service of an employee from the date of
his/her latest appointment to the present. Continuous service shall be broken
through death, discharge, resignation, retirement, or layoffs exceeding twelve (12)
months duration without the employee having been reinstated. Continuous
service shall be interrupted through a leave of absence or suspension without pay
exceeding ten (10) work days.
1.12 Days: Calendar days, unless otherwise indicated.
1.13 Demotion: The movement of an employee from one class to another class having
a lower maximum rate of pay.
1.14
1.15
1.16
1.17
1.18
1.19
1.20
Eligible: A person whose name is on an open competitive or promotional eligible
list.
Eligible List:
Open Eligible List: A list of names of persons who have taken and qualified in
an open competitive examination for a position subject to the merit and fitness
provision of Chapter 2.52 of the Personnel Code.
Promotional Eligible List: A list of names of persons who have taken and
qualified in a promotional examination for a position subject to the merit and
fitness provision of Chapter 2.52 of the Personnel Code.
Employee Organization: An organization recognized in accordance with the
provisions of Chapter 2.52 et seq. of the Personnel Code.
Grievance: A good faith dispute or difference of opinion raised by an employee
involving the meaning, interpretation, or application of the expressed provisions
of a Memorandum of Understanding, city policy, or existing work rules
conceming a matter within the scope of representation.
Examination:
Open Competitive Examination: The testing process for a particular class
which is open to all persons meeting the requirements for the position.
Promotional Examination: The testing process for a particular class,
admission to the examination being limited to employees with regular
status who meet the requirements for the position.
Continuous Examination: The testing process announced on an open
competitive basis administered periodically resulting in the placement of
names, in order of final scores, on an employment list for a period of one year.
Exclusive Representative: An employee organization, or its duly authorized
representative, that has been granted formal recognition by the municipal
employee relations officer following a secret ballot election as representing the
employees in an appropriate unit.
Exempt Positions:
Personnel Code Exemptions:
The City Manager, City Attorney,
Manager, Secretary to the City
Department Directors, Secretary to the City
Attorney, and employees serving under
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
appointments of provisional, exempt, temporary, or emergency status, are not
subject to the merit and fitness provisions of the Personnel Code.
Fair Labor Standards Act (FLSA) Exemptions:
Executive, Administrative, and Professional employees designated exempt under
the FLSA. (29 CFR §§541.1 - 541.3 etseq)
Fiscal Year: July 1 through June 30.
Human Resources Manager: The City Manager or his designated representative.
Injury Leave: Leave arising out of and in the course of employment as defined by
Workers' Compensation laws, State of California Labor Code.
In-Service Training: Any class, seminar, workshop, training course or conference
participated in by an employee while working for the city.
Layoff: Separation from employment due to lack of work or lack 'of funds.
Management Classifications: Management classes as defined in City Resolution
No. 9901.
Merit Salary Increases: Advancement through the steps of a salary range, based on
satisfactory job performance, at specified time intervals.
Municipal Employee Relations Officer: The City Manager or his duly authorized
representative.
Normal Workweek: A normal workweek is defined as 40 hours of work in five
working days unless modified by the department head.
Personnel Code: Chapter 2.52 of the Municipal Code.
Probationary Period: The final component of the selection process involving a 12
month working test during which an employee is required to demonstrate
fitness for the assigned position by actual performance of the duties of the
position.
Promotion: The movement of an employee from one class to another class having
a higher maximum pay rate.
Provisional Appointment: An appointment of a person who possesses the
minimum qualifications established for a particular class and who has been
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
1.42
1.43
1.44
appointed to a position in the absence of an eligible list and is limited to
one hundred and eighty (180) calendar days of employment.
Recall: Reemployment of a person laid off from er~ployment as a result of a lack
of work or lack of funds.
Reclassification: Allocation by the City Manager of an individual position to
another more appropriate classification, whether new or already created.
Regular Employee: An employee who has successfully completed the
probationary period.
Regular Part-time Employee: An employee appointed in a part time basis to an
authorized position with pro-rated benefits who has successfully completed the
probationary period.
Reinstatement: The reemployment without examination of a former regular
employee who resigned in good standing and is eligible for reinstatement to their
former class pursuant to the provisions of a memorandum of understanding.
Review Date: See Section 1.3 Anniversary Date
Seniority
City Seniority: The length of continuous service by an exempt or regular
employee.
Classification Seniority: The length of continuous service in a classification
by an exempt or regular employee.
Suspension: The temporary separation from employment without pay, of an
employee for disciplinary purposes.
Temporary Employee: An employee appointed on an "as needed" basis for work
which is anticipated to be of a temporary or intermittent nature either on a full-
time or part-time basis. Such appointments are based on an hourly rate of pay
when less than full-time and do not include benefits except as prescribed by law.
May not work more than 1,000 hours per fiscal year.
Total Compensation: The total renumeration, including salary, applicable
economic employee benefits, and working conditions received by the employee
from the city.
Transfer: A change of an employee from one position to another in the same class
or in a comparable class.
SECTION 2 GENERAL ADMINISTRATION
2.1
Purpose
The purpose of these Rules shall be to provide the Basis of a merit system by
which the personnel program shall be administered. These Rules shall also
provide the basis of common understanding between the supervisors and
employees as to terms and conditions of employment insofar as they are not
superseded by a formally adopted Memorandum of Understanding pursuant to the
provisions of Chapter 2.52 of the Personnel Code, Section 2.52.280 Employer-
Employee Relations.
2.2
Policy
The policy under which these Rules shall be administered is to provide for
fairness both to the employee and the city and for consistency and uniformity in
the administration of the Personnel Program.
2.3
Administration
The administration of these Rules is hereby vested in the Human Resources
Manager subject to administrative policies as set forth by the City Manager.
2.4
Interpretation
Any interpretation, definition or meaning of any provision, term or condition
contained herein shall be as set forth in writing by the Human Resources Manager
whose interpretations, definition or meaning shall be considered as supplemental
hereto.
2.5
Coverage
All officers, employees and positions shall be subject to these Rules except for
those officers, employees and positions specifically enumerated herein below.
a. All Elected Officers
b. City Manager
c. City Attorney
d. Chairmen and members of appointed boards, commission and committees
e. Part-time, temporary, and seasonal employees.
2.6
Repeal of Existing Rules
All existing Rules and other policies currently or heretofore in effect relating to
those terms and conditions of employment as provided for herein are hereby
rescinded and repealed.
2.7
Amendments to Rules
Amendments to and modifications of these Rules shall be as set forth in the
Personnel Code.
2.8
Effective Date
These Rules shall be filed with the City Clerk on adoption by the City Council
and shall become effective immediately thereafter._
SECTION 3 GENERAL PROVISIONS
3.1
Fair Employment Practices
No question in any test, application form, or in any other personnel proceeding
shall be so framed as to attempt to elicit information concerning race, religious
creed, color, national origin, ancestry, mental, or physical disability, medical
condition, marital status:, sex, age, or sexual orientation unless required for
compliance with any federal or state law or regulation regarding equal opportunity
in employment. No appointment to or removal from a position in the competitive
service shall be affected or influenced in any manner by any consideration of race,
religious creed, color, national origin, ancestry, mental or physical disability,
medical condition, marital status, sex, age, or sexual orientation unless such
physical or mental disability precludes the performance of an essential job
function with or without reasonable accommodation.
3.2
Violation of Rules
Violation of the provisions of these Rules may be grounds for disciplinary action
or removal from an eligible list.
SECTION 4 CLASSIFICATION PLAN
4.1
Preparation of Plan
The Human Resources Manager shall ascertain and record the duties and
responsibilities of all positions and, after consulting with the Appointing
Authority and heads of departments affected, shall recommend a classification
plan for such positions. The classification plan shall consist of classes of
positions defined by class specification including the title. The classification plan
shall be so developed and maintained that all positions substantially similar with
respect to duties, responsibilities, authority, and character of work are included
within the same class, and that the same schedules of compensation may be made
to apply with equity under like working conditions to all positions in the same
class.
4.2
Adoption and Revision of Plan
The classification plan shall be adopted and may be amended from time to time
by resolution of the City Council.
4.3
Allocation of Positions
Following the adoption of the classification plan, the Human Resources Manager
shall allocate every regular position to one of the classes established by the
plan. Allocation factors directly relate to duties, responsibilities, and minimum
· qualifications, and do not include the mount of work performed or other factors
related to compensation.
4.4
New Positions
When a new position is created, before it may be filled, the Appointing Authority
shall notify the Human Resources Manager and except as otherwise provided by
these rules, no person shall be appointed or employed to fill any such position
until the classification plan has been amended as necessary to provide
therefore and an eligible list established for such position.
4.5
Reclassification
Positions, the duties of which have changed materially so as to necessitate
reclassification, shall be allocated by the Human Resources Manager to a more
appropriate class, whether new or already created.
SECTION 5
RECRUITMENT
5.1
Announcement Notices
All examinations for regular positions shall be publicized by posting
announcements on official bulletin boards and by such other methods as the
Human Resources Manager deems advisable. Special recruitment shall be
conducted, if necessary, to insure that all segments of the community are aware of
forthcoming examinations. The announcement shall specify the title and pay of
the position for which the examination is announced; the nature of the work to be
performed; typical duties; qualification requirements for the position; the manner
of making application, components of the testing process, and any other pertinent
information. Certified copies of college transcripts, motor vehicle driver records,
and other documents required during the application process will be identified in
the announcement notice.
5.2
Request for Application Forms
Applications will only be provided during the period set forth in the
announcement notice. Internal lists of subsequent job openings will not be
maintained.
.5.3
Application Forms
Completed applications are required for all open and promotional examinations.
All applications must be signed by the person applying. Resumes are not
accepted in lieu of completed applications.
5.4
Disqualification
The Human Resources Manager shall reject any application which indicates on its
face that the applicant does not possess the minimum qualifications required for
the position. Applications shall be rejected if the applicant is physically unfit for
the performance of duties of the position; is addicted to the habitual excessive use
5.5
5.6
of drugs or intoxicating liquor; has been convicted of a crime involving moral
turpitude; has made any false statement of any material fact, or practiced any
deception or fraud in the application. Whenever ar/_ application is rejected, notice
of such rejection with statement of reason shall be mailed to the applicant by the
Human Resources Manager. Defective applications may be returned to the
applicant with notice to amend the same providing the time limit for receiving
applications has not expired.
Disqualification - Nepotism
It is the policy of the City of Cupertino to remain free from nepotism while not
discriminating against the applicant. The following provisions apply:
a. Members of the immediate family of City Councilmembers may not be
employed by the city during the Councilmember's term of office.
bo
Members of an immediate family may not be employed simultaneously by the
city in positions where family influence and/or relationship might affect
supervision, safety, security, or morale in a manner detrimental to the conduct
of city business, or where such relationships may result in conflicts of interest.
c. "Immediate family" is defined as spouse, father, mother, brother, sister, son or
daughter, grandmother, grandson or granddaughter, including step children.
Receipt o__f Applications
Applications must be received by the final filing date as set forth in the
announcement notice. Applications received through facsimile (fax) transmission
by the final filing date are acceptable on the condition that the original application
is received by 5:00 p.m. on the first business day of the city of the following
week.
SECTION 6 EXAMINATIONS
6.1
Nature and Type of Examinations
The selection technique used in the examination process shall be job related and
designed to fairly measure the relative capacities of the persons examined to
execute the duties and responsibilities of the position to which they seek to be
appointed as determined by the Human Resources Manager. Examinations shall
consist of selection techniques which will test fairly the qualifications of
candidates such as, but not necessarily limited to, written tests, personal
interviews, performance tests, physical agility tests, evaluation of daily work
performance, work samples, medical examinations, or any combination of these
or other tests. The probationary period shall be considered as an extension of the
examination process. Examinations shall be designed to provide equal
oppommity to all candidates by being based on an analysis of the essential
6.2
requirements of the classification, covering only factors related to such
requirements.
Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the
HUman Resources Manager after consultation with the respective department
head, the needs of the service require. Promotional examinations may include
any of the selection techniques identified in Section 6.1 of these rules, or any
combination thereof. Only regular employees who satisfy requirements set
forth in the promotional examination announcement may compete in such an
examination.
6.3
Continuous Examinations
Open competitive examinations may be administered periodically for a single
class as the needs of the city require. Names shall be placed on eligible lists in
order of final score and shall remain on such lists for a period of one year.
6.4
Scoring Examinations and Oualifving Scores
A candidate's score in a given examination shall be based on his/her scores in
each competitive part of the examination, weighted as shown in the examination
announcement. Failure in one part of the examination may be grounds for
declaring such candidate as failing in the entire examination or as disqualified for
subsequent parts of an examination. The Human Resources Manager may, at
his/her discretion, include as a part of the examination tests which are qualifying
only.
6.5
Notification of Examination Results
Candidates in an examination shall be given written notice of whether they were
successful in the examination process. If successful they shall be placed on an
eligible list.
SECTION 7 ELIGIBLE LISTS
7.1
Eligible Lists
After the completion of an examination the names of successful applicants shall
be placed on an eligible list from which appointments shall be made.
7.2
Duration of Eligible Lists
Eligible lists shall remain in effect for six months unless exhausted sooner or
abolished by the Human Resources Manager. Eligible lists may be extended
for up to an additional year by action of the Human Resources Manager.
7.3
Placement on the Eligible List
Eligible persons shall be placed on an eligible list by: (1) rank in order of final
score after all components of the selection process, (2) by alphabetical placement
in a category (superior, good, average) as determined by final score, or (3) by
10
alphabetical assignment on the eligible list. The Human Resources Manager shall
determine the type of eligible list after the testing process is completed for each
examination.
7.4
Certification
The number of eligibles certified for the employment interviews shall be
determined consistent with the method of placement on the eligible list as set
forth below.
Method of Placement
Final Score
Category
Alphabetical
Certification
Rule of Three
Rule of Rank
Rule of List
7.5
Order of Certification
The Human Resources Manager shall certify the names of persons eligible for
appointment in the following order:
a. Recall Lists
b. Request for transfer or demotion
c. Reinstatement Lists
d. Promotional Lists
e. Open Eligible Lists
7.6
Removal of Names from Eligible Lists
The name of any person appearing on an eligible list shall be removed by the
Human Resources Manager upon receipt of a request in writing to do so, if the
person fails to respond to a notice of certification mailed to his/her last known
address, or if the person has been certified for appointment three times and has not
been appointed. The person affected shall be notified of the removal of his/her
name by a notice to the last known address. The names of persons on
promotional eligible lists who resign from city service shall automatically be
removed upon termination of employment.
~7
Replacing an Eligible List
If there are fewer than three persons on an eligible list available for employment,
the Human Resources Manager may abolish said eligible list and notify each
person on the eligible list.
SECTION 8 APPOINTMENTS
8.1
Type of Appointments
All vacancies shall be filled by recall, transfer, demotion, reinstatement, or from
eligibles certified by the Human Resources Manager. In the absence of eligible
11
lists, provisional appointments may be made consistent with the provisions of
these roles. Appointments fall into the following categories:
a. Regular Full-Time: Appointment on a furl-time basis to an authorized
position.
b. Regular Part-Time: Appointment on a part-time basis to an authorized
position with partial benefits.
Co
Temporary: Appointment on an "as needed" basis for work which is
anticipated to be of a temporary or intermittent nature, either on a full-time or
part-time basis. Less than full-time appointments are based on an hourly rate
of pay and do not include benefits except as prescribed by law. No special
credit or consideration for service shall be given to a temporary appointee in
qualifying for a regular appointment.
Provisional: In the absence of appropriate eligible lists, a provisional
appointment may be made by the Appointing Authority of a person meeting
the minimum training and experience qualifications for the position. An
eligible list shall be established within six months for any regular position
filled by provisional appointment. No special credit or consideration for
service shall be given to a provisional appointee in qualifying for a regular
appointment.
e. Exempt: All employees occupying positions as described in Section 1.20
herein.
8.2
Position Requisitions
Whenever a vacancy is to be filled, the department in which the vacancy exists
shall complete a position requisition form and submit it to the Human Resources
Manager after approval by the City Manager.
8.3
Order of Emplownent
Positions shall be filled by any persons on a recall list in order of seniority.
Positions may be filled by a transfer, demotion, or reinstatement. If three or more
persons are on a promotional eligible list and willing to accept the position, an
appointment shall be made. If three or more persons are on an open eligible list
and willing to accept the position, an appointment shall be made if the position is
to be filled while the eligible list is active.
SECTION 9 PROBATIONARY PERIOD
9.1
Objective of Probationar~ Period
The probationary period shall be considered a part of the testing process for
appointments to regular full and part-time positions, and shall be utilized for
12
closely observing the employee's work and for securing the most effective
adjustment of a new employee in the new position.
9.2
Extension of Probationary Period
If a probationary employee is off work, for any reason, for four consecutive weeks
or more, the employee's probationary period will be extended for the period of
his/her absence.
9.3
Rejection during Probationary Period
During the probationary period, an employee may be rejected at any time by the
department head without cause and without fight of appeal. Notice of rejection
shall be served in writing to the probationer, indicating that the employee has
failed to satisfactorily complete the probationary period.
SECTION 10 PERFORMANCE EVALUATIONS
10.1
Evaluation of Employee Performance
It is the responsibility of department heads and/or supervisors to prepare periodic
evaluations of performance results to measure and record the employee's actual
performance. Strengths and weaknesses will be documented and recommended
courses of action outlined for correction and improvement. The purpose of
periodic performance evaluations is to provide continuing feedback to employees
concerning performance. The performance evaluations shall measure, as
objectively as possible, both quantity and quality of work, the manner in which
the service is rendered, and the observance of regulations and procedures properly
governing the performance of duties. Performance evaluation forms will be
provided 30 days prior to the date scheduled to be returned to the Human
Resources Manager.
10.2
Performance Evaluation Forms
Performance evaluations shall be based upon forms approved by the Human
Resources Manager. Service ratings shall be based upon the independent
judgment of one or more supervisory personnel, including the immediate
supervisor of the employee being rated. The completed performance report shall
be presented to the employee for review and signature, and then forwarded to the
Human Resources Manager.
10.3
Annual Evaluations - Merit Increases
Performance ratings shall accompany all requests for merit increases. Employees
at the "E" step shall have their performance evaluated on their annual anniversary
date in the classification.
10.4
Probationary Period
Performance evaluations shall be completed every three months during the
probationary period.
13
10.5
Non-timely Evaluations - Merit Increase
If a performance evaluation is not submitted prior to a scheduled merit increase,
the employee will automatically advance to the next higher salary step.
10.6
Performance Evaluations - Disagreement
Employees shall have the right to attach a statement disagreeing with the
performance ratings received. The statement will be filed with the performance
evaluation.
SECTION 11 STATUS CHANGES
11.1
Transfer
No person shall be transferred to a position for which he/she does not possess the
minimum qualifications. Upon approval by the Human Resources Manager, an
employee may be transferred by the department head at any time from one
position to another in the same class. If the transfer involves a change from one
department to another, both department heads must approve.
11.2
Demotion
Upon request of the employee, and with the consent of the department head,
demotion may be made to a vacant position. No employee shall be demoted to a
position for which he/she does not possess the minimum qualifications.
11.3
Suspension
A department head may, after review with the Human Resources Manager,
suspend an employee from his position at any time for a disciplinary purpose. All
suspensions shall be consistent with the provisions of Memoranda of
Understanding and Administrative Procedures.
11.4
Reinstatement
With the approval of the department head, a regular or probationary employee
who has resigned with a record of satisfactory service may be reinstated within
two years of the effective date of resignation to a vacant position in the same
class. Upon reinstatement, former service credit with the city shall be restored for
the purpose of determining benefit accruals. Sick leave hours will not be restored
and for all other purposes the employee shall be considered as though he/she had
received an original appointment.
SECTION 12 ATTENDANCE AND LEAVES OF ABSENCE
12.1
Hours of Work
The normal work week shall be Monday through Friday. The normal work day
shall be from 8:00 a.m. to 5:00 p.m. except for Friday, which is 7:30 a.m. to 4:30
p.m. The normal work week shall be 40 hours in seven consecutive days.
14
12.2
A variance to the normal work week or working day may be established by the
department head with the written approval of the City Manager when such is
deemed by the City Manager to be in the best intere_st of the city. Any such
variance shall identify the positions to which it applies and shall be filed with the
Human Resources Manager.
Holidays
The holidays to be observed are as follows:
a. New Year's Day
b. Martin Luther King Day
c. Washington's Birthday
d. Memorial Day
e. Independence Day
f. Labor Day
g. Veteran's Day
h. Thanksgiving Day
i. Friday Following Thanksgiving Day
j. Christmas Eve
k. Christmas Day
1. New Year's Eve
Holidays falling on a Saturday will be observed on the preceding Friday and
holidays falling on a Sunday will be observed on the following Monday.
12.2.1
12.2.2
12.2.3
Floating Holidays
In addition to the foregoing paid holidays, eligible employees shall earn 20
hours of holiday leave per year that may be used in increments of not less than
one (1) hour. Floating holiday leave shall be earned at the rate of .77 hours
per pay period. Holiday leave may be accumulated up to 40 hours. Holiday
leave shall be taken at the discretion of the employee subject to prior
supervisory approval.
Rescheduled Work Assignments
Nothing contained herein shall preclude the right of the department head with
the approval of the City Manager to reschedule work assignments or hours of
work to meet emergency situations and other administrative necessities caused
by the observance of a holiday or non-work day or period; provided, however,
that all such affected employees are duly compensated for said rescheduled
work assignments.
Unusual Work Hours
Employees whose normal work day is at variance with the normal work hours
specified in Section 12.1 of these rules will be compensated for the additional
work hours required.
15
12.2.4
Holidcw Pa~
In order for an employee to receive Ns/her regular pay for a holiday or
designated non-work day, work must be performed on the regular scheduled
day before and the regular scheduled day after the holiday or designated
non-workday. Employees on vacation, injury leave, sick leave, or
approved short term leave of absence, with pay, shall be considered as
working their regular schedule for pay purposes.
12.3
Vacation Accrual
All employees, other than those holding temporary status, whose work assignment
is of a recurring nature of not less than a normal work week shall accrue vacation
credits. Accrued vacation may be taken with the prior approval of the supervisor.
Vacation leave must be taken in no less than one (1) hour increments.
Vacation hours shall be accrued in accordance to the following table:
YEARS O F SER VICE HOURS ~4 CCR UAL DAYS PER YEAR
PER PA Y PERIOD
0-3 3.08 10
4-9 4.62 15
10-14 5.24 17
15-19 6.16 20
20+ 6.77 22
An employee may accrue vacation hours up to two times the annual hours being
earned.
On termination of employment or on receiving a leave of absence of more than
three (3) months an employee shall be compensated for all earned but unused
vacation accrued at the time of termination or at the start of said leave of absence.
Unused vacation may not be used to extend the final employment date.
The accrual of vacation credits for those employees whose normal work week is
of not less than one-half (1/2) time shall be prorated according to the time of the
recurring work assignment as to the normal work week.
12. 3.1 Vacation Sellback
Employees may convert, up to two times per calendar year, unused vacation
time for payment subject to the following conditions:
a) The employee must have a minimum of 120 hours of accrued vacation
immediately prior to a conversion.
b) Any payments made for accrued vacation hours will be subject to taxes as
determined by law.
16
c) Minimum exchange will be one day, maximum exchange will be ten days.
All exchanges are irrevocable.
d) A maximum of 80 hours of accrued vacation may be converted for pay
during a calendar year.
12.4
Sick Leave
All full time employees, other than those holding temporary status, shall earn
eight (8) hours per month sick leave time without limit on accumulation. Those
regular employees working less than full time (at least 20 hours per week) shall
earn in one month the number of hours sick leave they would normally work in
one day or the equivalent without limit on accumulation. Employees absent
without pay for any reason for more than forty (40) hours during a pay period shall
not earn sick leave benefits for that month.
Sick leave may be utilized due to the employee's personal illness, injury,
maternity, or sickness or injury in the immediate family. Immediate family is
defined as spouse and children. Employees shall, whenever possible, make
appointments for medical, dental, and similar purposes on non-work hours. If this
is not possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave shall be taken in
periods of no less than one-half hour increments. Accrued sick leave hours are
not vested under California statutory law.
12. 4. ! Sick Leave Conversion
Represented employees will have the option, subject to approval, of converting
sick leave to vacation leave on a two-to-one basis only if the employee's
remaining sick leave balance is 40 hours or more. The maximum allowable
exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar
year. Minimum exchange will be 8 hours sick leave for 4 hours of vacation.
An employee may convert sick leave in excess of 320 hours to vacation leave on a
one-to-one basis with a maximum of 48 hours and a minimum of 4 hours.
12. 4.2 Conditions - Sick Leave Hours Conversion to Vacation
a)
All requests to exchange sick leave for vacation time shall be submitted in
writing to the deparm~ent head at least thirty (30) calendar days prior to
intended utilization.
b) At least one-half of the vacation accrued during the previous twelve
months must have been taken.
c) Department head approval is required
17
12. 4.3 Conditions - Vacation Hours Conversion to Sick Leave
12.4.5
If twelve (12) months have elapsed since approval 'of the exchange of sick
leave for vacation, and the employee has not been permitted to use the
converted vacation time, (after submitting at least one written request for
utilization) the employee will have the right to re-convert the vacation
time to sick leave in reverse ratio to the original exchange. This exchange
will be allowed for previously converted sick time to vacation and will not
be permitted for regularly accrued vacation time.
If an employee, after converting sick leave to vacation time, exhausts all of
his/her remaining sick leave due to injury or illness, he/she may make a
written request to the department head to re-convert vacation time to sick
leave on a reverse ratio* basis. Approval will be subject to an assessment
by the department head.
12.4. 4 Personal Leave
Employees represented by the Operating Engineers Union Local No. 3 (Public
Works Unit) - the city shall allow accumulated sick leave to be used for con -
ducting personal business that cannot be conducted outside regular working
hours. The employee must request leave, if non-emergency, at least forty
hours (two working days) prior to the time of utilization. In cases of
emergency, the forty-eight hour (48) notification procedure may be waived
by the immediate supervisor, provided a leave request is completed and the
reason for the request is stated upon return.
Personal leave is not a benefit to other employees.
SICK LEAVE VERIFICATION
A Department Head or supervisor may require employees to furnish
reasonable acceptable evidence, including a doctor's certificate, to
substantiate a request for sick leave if the sick leave exceeds three (3)
consecutive workdays. A supervisor may also require a doctor's certificate
or other form of verification where leave abuse is suspected. If it appears that
an employee is abusing sick leave or is using sick leave excessively, the
employee will be counseled that the continued use of sick leave may result in
a requirement to furnish a medical certificate for each such subsequent
absence for sick leave regardless of duration. Continued abuse of leave or
' "Reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original
ration at the time the initial exchange was implemented.
18
12.5
12.5.1
12.5.2
12.5.3
12.6
12.7
excessive use of sick leave may constitute grounds for discipline up to and
including dismissal.
Incentive Compensation
Hourly Value
Employees represented by the Operating Engineers Union Local No. 3. At the
time of termination, the value of non-vested hours is converted to an incentive
compensation bank equal to the employee's base hourly rate averaged over the
immediate past 60 complete months of employment multiplied by the total
number of non-vested hours, or completed months of employment if fewer than
60.
All other employees - at the time of termination, the value of non-vested hours is
converted to an incentive compensation bank equal to the employee's final base
hourly rate multiplied by the total number of non-vested hours.
Retirement
If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for eight-five percent (85%) of the value of the incentive
compensation bank.
Resignation
If upon resignation an employee has a minimum of 320 non-vested hours,
payment shall be made for seventy percent (70%) of the value of the incentive
compensation bank.
Bereavement Leave
Employees shall be granted paid bereavement leave not to exceed three (3) work
days upon the occasion of death of a close relative. Close relatives are defined as
mother, father, sister, brother, wife, husband, domestic partner, child, stepchild,
grandparent, grandchildren, mother-in-law and father-in-law.
Absence Notification
An employee is not expected to be absent from work for any reason other than
personal illness without making prior arrangements with his/her supervisor.
Unless prior arrangements are made, an employee, who for any reason fails to
report for work must immediately notify his/her supervisor of the reason for being
absent. If the absence, whether for personal illness or otherwise, is to continue
beyond the first day, the employee must notify the supervisor on a daily basis
unless otherwise arranged.
Absences exceeding three (3) days require a physician's certification of illness and
release to return to work. The certification and release must be provided at the
time of return to work. A continuing illness requires a physician's certification
19
12.8
12.9
12.10
12.11
of illness during each pay period. Any unauthorized absence of an employee from
duty shall be deemed to be an absence without pay and will be grounds for
disciplinary action up to and including dismissal_by the department head. In the
absence of such disciplinary action, any employee who is absent for three days or
more without authorized leave shall be deemed to have resigned. Such absence
may be covered, however, by the department head by approving leave with or
without pay when extenuating circumstances are found to have existed.
Military Leave
Military leave shall be granted in accordance with the provisions of California
statutory law. All employees entitled to military leave shall give their supervisor
an opportunity, within the limits of the military requirement, to determine when
such leave shall be taken.
Jury Duty
Employees called for jury duty shall be paid for regular work time upon receipt by
the Human Resources Manager of confirmation that the employee reported to
jury duty by the Jury Commissioner.
Temporary Disability Benefits
Any employee sustaining an injury arising out of, or in the course of, the
performance of his job and who cannot perform the duties and responsibilities
normally assigned to that job is entitled to receive temporary disability payments
as prescribed by California statutory law.
Any employee entitled to receive temporary disability payments may elect to
supplement such payments with an amount not to exceed that which is the
employee's weekly earning or weekly earning capacity by use of accrued sick
leave hours.
Pregnancy Disability Leave
A pregnant employee is entitled up to four (4) months leave of absence without
pay for temporary disability resulting from pregnancy, miscarriage, childbirth or
recovery therefrom. Employees shall take unpaid leave of absence during such
leave except that accrued vacation pay and sick leave may be taken at the option
of the employee.
As with all other temporary disabilities, a physicians certificate is required to
verify the extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice
(not less than four (4) weeks) before the date she expects to take the leave and the
estimated duration of the leave. The city will pay health and welfare benefits at
the same rate as prior to the leave until the employee is released by her physician
to return to work or for sixty (60) days, whichever comes first.
2O
12.12
12.13
Adoption Leave
Upon request a leave of absence without pay for up to four (4) weeks will be
granted to adoptive parents. Accrued vacation pay_and sick leave may be taken at
the option of the employee during this leave time. The city will pay health and
welfare benefits at the same rate as prior to the leave.
Catastrophic Leave
The city will form a committee to establish a definition of catastrophic or
life-threatening illness. This committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that
the employee must be the one facing the illness. The committee has the
right to ask the applicant to submit further documentation from their
physician to determine the applicant does suffer a catastrophic or life-
threatening illness.\
bo
All benefited employees who have passed initial probation with the city
will be eligible to receive assistance. An employee does not have to be a
contributor to be eligible. An employee or their representative must
complete a prescribed application form together with supporting medical
documentation and submit it to the Human Resources Manager when
applying for funds.
c. A recipient must have used all of their available leave hours before he/she
is eligible.
do
The minimum time an employee could receive funds would be one week.
The maximum amount is two months (LTD becomes available at this
time).
eo
Vacation leave and compensatory time off are the only leave of absence
hours that may be donated. An employee may not donate vacation leave
hours which would reduce his/her total accrued leave balances to less than
120 hours. Leave credits may be donated in any pay period. All leave
donations are irrevocable.
A leave of absence transfer drive will be held whenever necessary to
provide for a minimum catastrophic leave balance which is the equivalent
of 40 hours of the average hourly rate of full-time regular employment.
Transfers may be in increments of one hour or more. All donations will be
confidential. There will be no selling or coercion of employees to donate.
If the bank is depleted, a vacation transfer drive may be held at the request
of the committee.
21
Donated leave hours will be converted to cash and deposited in a time-
bank where it will be available for distribution. Interest accruing from the
bank shall be credited the time-bank. Chec_ks will be issued to the
recipient with the regular payroll which will keep the individual in an
active employment mode with the city. This procedure prevents
overpayments or corrections since it comes after the actual leave has been
taken. No employee shall receive payment for more than 100% of their
regular pay.
12.14
Attendance
Employees shall be expected to perform their given work assignments until the
end of that work period. An employee who is not able to do so shall notify his/her
supervisor of that fact at the earliest possible time after that fact is known to
him/her. Abuse of attendance requirements may be grounds for appropriate
disciplinary action.
12.14.1Attendance Records
Attendance records shall be maintained for each employee which shall form
basis for payroll and accounting requirements.
the
SECTION 13 OVERTIME
13.1
Overtime Pay
Overtime pay shall be made when an employee is authorized to work in excess of
forty hours during the normal work week.
13.2
Non-Exempt Overtime
All approved work performed by employees in excess of 40 hours in a seven day
work week, shall be paid at the overtime rate of one and one-half ( 1 V2 ) times the
normal hourly rate.
13.3
Exempt Employees
Management and unrepresented professional employees designated exempt under
the Fair Labor Standards Act are ineligible for overtime payment. However, no
deduction from leave balances are made when such employee is absent from work
less than a regular working day.
13.4
Stand-by-Pay
Employees who are required to make themselves available to be called back to
work outside the normal work period shall be compensated for such stand-by
assignment at the rate set forth in memoranda of understanding for each week so
assigned.
22
SECTION 14 TERMINATION AND REEMPLOYMENT
14.1
Resignations
Resignations are deemed accepted and irrevocable once presented in writing to an
employee's supervisor or department head.
14.2
Layoffs
Layoffs may be made by the Appointing Authority for lack of funds, lack of work
or other similar and just cause. The order of layoff shall be that which, in the
opinion of the Appointing Authority, will cause the least disruption of service to
the city. The city will provide a minimum of thirty (30) days notice to any
employee subject to being laid off unless prevented from doing so by conditions
beyond the city's control.
14.3
Reemployment
The names of employees affected by layoff shall be placed on a recall list for a
period of two years in the reverse order of layoff and shall have the first
opportunity for reemployment. Failure to respond within ten days to a written
notice of such opportunity shall cause that name to be removed from the recall
list.
14.4
Reinstatement
With the approval of the Appointing Authority, a regular or probationary
employee who has resigned with a good work record or an employee recalled
from a list resulting from a layoff may be reinstated within twenty-four months of
the effective date of resignation to a vacant position in the same or comparable
class he/she previously occupied. Upon reinstatement the employee, for all
purposes, shall be considered as though they had received an original
appointment.
SECTION 15 DISCIPLINE
15.1
Policy
It shall be the policy of the City of Cupertino to establish consistency in
procedures relating to employee discipline.
15.2
Procedure
The Human Resources Manager shall be contacted whenever a supervisor has
reason to believe that an employee has violated a rule of conduct or other policy,
procedure, practice, or regulation, whether formal or informal, resulting in a cause
for disciplinary action. The determination of corrective action, if any, will be
made after an investigation with department management of the alleged violation.
23
15.3
If a determination is made that corrective action is necessary, the Human
Resources Manager will prepare the neceSSary correspondence and review with
the department head. The City Manager shall b_e advised of any disciplinary
action. A pm-disciplinary meeting (Skelly) will generally precede a proposed
disciplinary action involving a loss or reduction of pay.
Forms of Disciplinary Action
The following forms of disciplinary action are listed in order of the least severe
(verbal reprimand) to the most severe (discharge).
Verbal Reprimand - is considered informal discipline with the purpose of
notifying the employee that his/her performance or behavior must be
improved. This verbal warning defines the area in which improvement is
required, sets up goals and/or objectives leading to this improvement and
informs the employee that failure to improve will result in more serious
disciplinary action.
The verbal reprimand is the first official step of disciplinary action. It is
designed to address minor infractions of rules and practices. It is, in effect, a
statement to the employee that he/she has (1) violated a rule or work practice
that he/she should have been aware of, and (2) that he/she will be expected to
abide by all such roles or practices in the future.
Written reprimand - is an official record of discipline, usually issued after a
previous verbal reprimand. The employee is advised that his/her behavior is
seriously below standard and that continuation or repetition of that behavior
shall result in more serious disciplinary action. The written reprimand shall
cite violations of the city's rules of conduct or causes for disciplinary
action. The written reprimand is considered the first formal step in the
disciplinary procedure.
Suspension - is an ordered absence from duty without pay for a prescribed
period of time. An employee may be suspended without pay for up to thirty
(30) calendar days. A suspension without pay is a serious action by
management involving loss of pay and possibly supplemental benefits
(depending on length of suspension). An employee generally receives less
severe discipline prior to a suspension.
Reduction in Pay - is a temporary reduction in salary tO a lower salary step for
a specified period of time. The employee does not have stoppage of income
and may be able to have the reduction lifted by good performance. The
department does not lose the services of this employee. As with suspension,
an individual should have been warned or reprimanded prior to taking this
action.
24
15.4
Demotion - is a permanent change in classification of an employee to a
position of lower responsibility and pay for unsatisfactory performance or
disciplinary reasons. If a demotion is recommended:
1) The letter of demotion should be specific as to the reason(s) for the action;
2) The employee's new duties must be consistent with those described in
theclass specification for the position.
Discharge - is the most severe form of disciplinary action. Removal from
employment may be caused by a serious violation of the "causes for
disciplinary action," or due to violation of work rules and practices. This
action should only be take when management is thoroughly satisfied that the
employee has been given every reasonable oppommity to meet performance or
behavior standards and clearly failed to do so.
Causes for Disciplinary Action
Any of the following may be deemed sufficient cause for disciplinary action.
The listing herein is not intended to be limiting.
a. Unauthorized possession of city property or an employee's personal
property.
b. Willful abuse, damage, or defacing city property.
c. Misuse of city materials, equipment, or property.
d. Neglect of duty.
e. Insubordination.
f. Violation or disregard of published safety rules or common safety
practices.
g. Sleeping on the job.
h. Refusal or failure to perform work as assigned.
i. Refusal or failure to follow a direct order of a supervisor.
j. Loitering or willfully wasting time during working hours.
k. Gross negligence that negatively affects the quality of service or finished
product.
1. Fighting on city property or during working hours.
m. Gambling on city property.
n. Possession of alcoholic beverages, illegal/unauthorized drugs, or being
under the influence of intoxicating beverages/drugs on city property or
during working hours.
o. Illegal conduct.
p. Unauthorized selling on city property or during working hours.
q. Unauthorized possession of weapons.
r. Falsifying pay or production records.
s. Excessive absenteeism/tardiness.
t. Absence without approved leave.
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15.5
15.6
yo
Offensive treatment of the public or other employees.
Fraud in securing employment.
Dishonesty.
Incompetence. As used herein, the term "incompetence" shall mean that
the employee lacks adequate ability, knowledge, skill, or fitness to
perform the duties in a satisfactory manner which are within the scope of
the employee's employment.
Job abandonment.
Pre-disciplinary Proceedings
The California Supreme Court's Skell¥ decision provides a public employee with
certain procedural protections before discipline which impacts pay or benefits
may be imposed. Disciplinary action may be taken prior to Skell¥ under
extraordinary or emergency circumstances. The following procedure satisfies the
requirements of Skell¥:
a. The employee receives notice of maximum disciplinary action that may be
imposed.
b. The notice states the reasons for the proposed disciplinary action.
c. The notice contains the charges upon which the proposed disciplinary
action is based.
d. The employee is allowed access to the materials upon which the proposed
disciplinary action is based.
e. The employee is afforded the right, either orally or in writing, or both, to
respond to the proposed charges.
Notice Requirements
The notice requirements of Skell¥ are as follows:
a. The Skell¥ notice should be in writing.
bo
The letter should set a date, time, and place for the employee and/or
his/her representative to respond to the charges if he/she elects to do so.
The Skelly meeting should be at least five (5) working days following the
letter to provide the employee an opportunity to respond. The letter should
also contain a request that the employee give notice if he/she elects to
waive the right to respond orally.
c. The letter should contain the maximum penalty which may be imposed.
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15.7
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The reasons for the proposed disciplinary action must be set out in detail.
The part of the Skelly letter setting out the misconduct with which the
employee is charged must be factual so th_at any person reading the letter
will be able to determine the exact misconduct charged.
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The factual allegations of misconduct must specifically cite violations of
the city's "causes for disciplinary action" as described in Section 15.4
herein.
The letter must advise the employee of his/her right to respond to the
charges, either orally in writing, and that the employee has a right to have
any documents upon which the charges are brought.
g. The letter must advise the employee of his/her right to representation if
he/she elects to do so.
h. The letter should advise the employee that discipline may be imposed
whether or not he/she responds to the charges.
Copies of the Skelly letter should be sent to:
(1) The City Manager
(2) The Human Resources Manager
(3) The employee's supervisor/department head.
(4) The employee's union representative, if any.
Skell¥ Meeting
The Skell¥ meeting should be conducted as follows:
The authority who may impose the discipline should chair the meeting.
The person chairing the meeting should not have been involved in the
initial decision to discipline.
b. The meeting chairPerson should establish that the employee has received
the Skell¥ notice and understands the charges set forth therein.
c. The chairperson should make available any documents which were
considered in determining the proposed charges and disciplinary action.
d. The employee or his/her representative should be given the opportunity to
respond to the proposed charges.
e. The employee or his/her representative should be given the opportunity to
make f'mal comments regarding the proposed action.
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15.8
15.9
The chairperson should close the meeting by indicating that he/she will
consider all statements and/or documents which may have been presented
prior to determining the final action. _
The person conducting the meeting will subsequently determine whether the
charges have been established and the severity of the disciplinary action.
Action Letter
The person conducting the meeting should promptly prepare a letter containing all
of the following:
Factual findings. This part of the letter may, for charges which have been
established, repeat the charges as set out in the Skelly notice letter. If a
charge has not been established, or if facts in mitigation of a charge's
seriousness have been disclosed, the letter should so state.
b. The specific provision(s) of Section 15.4 of these rules which
were violated.
c. The discipline imposed may not exceed the maximum stated in the Skelly
letter.
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A statement that the employee maY appeal the action consistent with the
provisions of respective memoranda of understanding or other city rule,
regulatiOn, or policy.
FLSA Exempt Employees
Subsection 541.118(a)(5) of the Fair Labor Standards Act (FLSA) provides that
pay deductions for disciplinary reasons may only be imposed if such penalties are
imposed in good faith for infraction of safety rules of major significance. This
provision has been interpreted by the U.S. Department of Labor (DOL) because
the salary test has a general rule that an employee need not be paid in any
workweek during which no work is performed.
The form of discipline to be imposed for a violation of Section 15. 4 of these rules
will be determined based upon the circumstances of the particular case and will be
implemented in a manner consistent with and authorized by state and federal
law, including applicable provisions of the FLSA. Although suspensions of less
than five working days are not permitted for other than safety rule infractions of
major significance, consideration may be given to "equivalent discipline"
including reductions in the number of accumulated vacation or holiday leave
hours.
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SECTION 16 APPEALS AND HEARINGS
16.1
Form of Appeal _
All appeals to the Appointing Authority shall be in writing and shall be signed by
the employee.
16.2
Filing of Appeal
The filing of an appeal to the Appointing Authority shall be accomplished by the
submission of the signed written document to the Human Resources Manager who
shall be responsible for the issuance of proper notifications.
16.3
Representation
An employee submitting an appeal to the Appointing Authority may be
represented by a person of his/her choosing or may elect to represent him/herself;
provided, however, that when an employee is to be represented by another person
the name of that person shall be made known to the Appointing Authority at least
three days prior to the scheduled heating or meeting. Substitution of
representation may only be as permitted by the Appointing Authority.
16.4
Who May Appeal
Any employee subject to the merit and fitness provisions of Section 2.52.040 of
the Municipal Code may file an appeal ~vith the Appointing Authority as the final
step of the appeal procedure, for suspensions exceeding thirty (30) days in any
twelve (12) month period, or after notice of dismissal. Appeals from dismissal
may be filed only by employees currently holding regular status at the time of
dismissal.
16.5
Hearings on Appeals
If deemed necessary, hearings may be held on appeals by the Appointing
Authority. The conduct of such hearings shall be as determined necessary by the
Appointing Authority to best evaluate each appeal on its merits.
SECTION 17 GRIEVANCE PROCEDURE
17.1
Definition
A grievance is a good faith dispute or difference of opinion of an employee
involving the meaning, interpretation, or application of the express provisions of a
Memorandum of Understanding, City Policy, or existing work rules, affecting the
employee, concerning a matter within the scope of representation.
17.2
Step 1
A employee (grievant) who has a grievance shall bring it to the attention of
his/her immediate supervisor within five (5) working days of the occurrence of the
act which is the basis for the dispute. If the grievant and immediate supervisor are
unable to resolve the matter within five (5) working days of the date it is raised,
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17.3
17.4
17.5
17.6
the grievant has the right to submit a formal grievance to his/her next higher
supervisor.
Step 2
If the grievance is not settled at Step 1, the grievant may submit a written
grievance to the next higher supervisor within five (5) working days after the
supervisor's oral answer in Step 1. The written grievance shall contain the
following information:
a. The name, job classification, and department of the grievant.
b. The name of the grievant's immediate supervisor.
c. A statement of the nature of the grievance including date and place of
occurrence.
d. The specific provision, policy, or procedure alleged to have been violated.
e. The remedy sought by the grievant.
f. If the grievant is not self-represented, the name of the individual or
recognized employee organization designated to represent the grievant.
g. Signature of grievant and date.
The supervisor or designee shall discuss the grievance within five (5) working
days with the grievant and/or designated representative at a time mutually
agreeable to the parties. If a settlement is not reached, a written answer to the
grievance shall be provided within five (5) working days of the meeting.
Step 3
If the grievance is not settled at Step 2, the grievant may submit the grievance in
writing to the grievant's department head, or, alternatively, if the department head
responded at Step 2, to the City Manager within five (5) working days of the Step
2 written answer. The department head/City Manager shall discuss the grievance
within five (5) working days with the grievant and/or designated representative at
a time mutually agreeable to the parties. If a settlement is not reached, a written
answer shall be provided within five (5) working days of the meeting.
Step 4
If the grievance is not settled at Step 3, the grievant may submit the grievance to
advisory arbitration within 14 calendar days after receipt of the decision at Step 3.
Advisory Arbitration
The parties shall attempt to agree upon an advisory arbitrator within five
(5) working days after receipt of the notice of referral. In the event that
parties are unable to agree upon an advisory arbitrator within said five (5)
day period, the parties shall jointly request the State Mediation and
Conciliation Service to submit a panel of five (5) advisory arbitrators.
Each party retains the right to reject one panel in its entirety and request
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that a new panel be submitted. Both the grievant/designated representative
and the city shall have the fight to strike two (2) names from the panel.
The parties shall alternatively strike names_until one remains. The person
remaining shall be the advisory arbitrator.
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The advisory arbitrator shall be notified of his/her selection and shall be
requested to set a time and place for the hearing, subject to the availability
of the grievant/designated representative and the city representative.
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The city or the grievant/designated representative have the fight to request
the arbitrator to require the presence of witnesses or documents. The city
and the grievant retain the fight to employ legal counsel.
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The advisory arbitrator shall submit his/her recommendation in writing
within thirty (30) days following the close of the hearing or the submission
of briefs by the parties whichever is later.
e. More than one grievance may be submitted to the same advisory arbitrator
if both parties mutually agree in writing.
The fees and expenses of the advisory arbitrator and the cost of a written
transcript shall be divided equally between the city and the grievant,
provided, however, that each party shall be responsible for compensating
its own representatives and witnesses.
17.7 Limitations on Authorit3' of Advisory Arbitrator
The advisory arbitrator shall have no fight to amend, modify, ignore, add to, or
subtract from the provisions of the Memorandum of Understanding, city policies,
or work rules. The advisory arbitrator shall consider and decide only the question
of fact as to whether there has been a violation, misinterpretation, or
misapplication of the specific provisions of the applicable document. The
advisory arbitrator shall be empowered to determine the issue raised by the
grievance as submitted in writing at the second step. The advisory arbitrator shall
have no authority to make a recommendation on any issue not so submitted or
raised. The advisory arbitrator shall be without power to make recommendations
contrary to or inconsistent with, in any way, applicable laws or rules and
regulations of administrative bodies that have the force and effect of the law. The
advisory arbitrator shall not in any way limit or interfere with the powers, duties
and responsibilities of the city under law and applicable court decisions. The
recommendation shall be advisory only to the Appointing Authority. The
Appointing Authority will make the final decision.
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PART II
CITYWIDE POLICIES
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q4-33
SECTION 1 EQUAL OPPORTUNITY IN EMPLOYMENT
In accordance with and in support of equal employment opportunity as specified under
Title VII of the Civil Rights Act of 1964, as amended, it is the policy of the City Council
of the City of Cupertino to provide all applicants for employment and all employees with
equal opportunity in employment without regard to race, religious creed, color, national
origin, ancestry, mental, or physical disability, medical condition, marital status, sex, age,
or sexual orientation.
The City Council of the City of Cupertino hereby resolves as follows:
That it is the responsibility of the City Manager to ensure that this equal employment
opportunity policy is communicated to all present employees, prospective employees,
recruitment sources, and the community.
That every employee of the City of Cupertino is hereby directed to lend his and her
support and cooperation in making equal employment opportunity an integral part of the
city's program of personnel administration.
SECTION 2 ALCOHOL AND DRUG ABUSE
2.1
Purpose
'The purpose of this policy is to comply with the Drug Free Work Place Act of
1988 as passed by Congress. HR5210 requires that all Federal grant recipients,
including cities, established an anti-drug policy for the work place. HR5210
require the city to:
a. Establish a drug free awareness program for employees.
b. Provide a notice to all employees specifying that drugs are illegal in the
work place and that action will be taken for violations.
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Make employment conditional upon compliance with this policy and
require the employee to notify the employer within five working days of a
conviction due to a drug related offense occurring in the workplace.
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Notify the applicable granting federal agency within ten days of an
employee's conviction due to a drag related offense occurring in the work
place.
e. Sanction employees for violation and/or require participation in a
U'eatment program.
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2.2
f. Make a good faith effort to maintain a drug free work place by following
the above requirements.
In addition to the fact that such requirements are established by law, a drug free
policy is appropriate in that it helps ensure that employees are able to perform
their duties safely and efficiently. While the City of Cupertino has no intention of
intruding into the private lives of its employees, it does believe that involvement
with drugs and alcohol can take its toll on job performance and employee safety.
A key element of this policy is rehabilitation. Employees who believe they have a
problem are urged to contact the Human Resources Division for referral to
community resources and/or the Employee Assistance Program.
The key focus of this policy is prevention through educating employees on the
dangers of alcohol and drag abuse, and rehabilitation for those who have such
problems. Any disciplinary actions will be evaluated on a case-by-case basis and
shall be used as a last resort after rehabilitation efforts have failed.
Policy
It is the City of Cupertino's policy that employees shall not drink alcohol or use
drugs in the course of city business, which, shall include lunch time if the
employee plans to remm to work.* Nor shall they possess alcohol or drugs while
on city property, or at work locations, or in uniform, nor shall employees sell or
provide drugs or alcohol to any employee or to any person while such employee is
on duty. Nor shall any employee have their ability to work impaired as a result of
the use of alcohol or drugs when reporting for work.
While use of medically prescribed drugs is not a violation of this policy, failure by
the employee to notify his or her supervisor before beginning work when taking
drugs which foreseeable interference with an effective performance of duties or
operation of city equipment, can result in discipline up to and including
termination. In the event there is a question regarding an employee's ability to
safely and effectively perform assigned duties while using such medication,
clearance from a qualified physician may be required.
Refusal to submit immediately to an alcohol and/or drug analysis when requested
by city management or law enforcement personnel, as a result of reasonable
suspicion, may constitute insubordination and may be grounds for discipline up to
and including termination.
* There are certain city sponsored activities which will be specifically designated that may include the
consumption of alcoholic beverages. Examples of such activities included, but are not limited to, wine
tasting classes, employee Chrislmas parties, Commissioner's dinners, picnics in a city park held during non-
work hours, etc.
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2.3
2.4
Employees reasonably believed to be under the influence of alcohol or drags shall
be prevented from engaging in further city work and shall be detained for a
reasonable time until he or she can be safely transported from the work site.
Higher standards may be promulgated based upon specific job requirements as
determined by city management.
Application
This policy applies to all city employees. This policy applies to alcohol and to all
substances, drugs or medications, legal or illegal, which could impair an
employee's ability to effectively and safely perform the functions of the job.
EmPloyee Responsibilities
An employee must:
a. Not report to work while his or her ability to perform job duties is
impaired due to alcohol or drug use.
bo
Not directly, or through a third party, sell or provide drugs or alcohol to
any person, including any employee while either employee or both
employees are on duty.
Submit immediately to an alcohol and/or drug test when reasonable
suspicion of alcohol and/or drug use exists on the job and when requested
by a responsible city representative.
do
Notify his or her supervisor before beginning work when taking any
medications or drugs, prescription or non-prescription, which may
interfere with the safe and effective performance of duties including
operation of city equipment.
Provide within 24 hours of request bonafide verification of a current valid
prescription for any potentially impairing drug or medication identified
when a drug screen is positive.
f. Notify the City of Cupertino within five working days after being
convicted of any drug related offense.
go
Notify the appropriate first-line supervisor upon observation of another
city employee whose behavior and/or Physical characteristics are
reasonably suspicious and possibly harmful to himself/herself and/or
others.
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2. 5 Management Responsibilities and Guidelines
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Managers and supervisors are responsible f_or understanding this policy
nd applying it without bias or prejudice.
Managers and supervisors must avail themselves of training on the
employer's role in handling the special problems of employees who suffer
from alcohol or drug dependency.
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Managers and supervisors may request that an employee submit to a
fitness-for~duty examination when there is reasonable suspicion that an
employee is impaired, and is unable to perform the job duties required in a
safe and efficient manner. When doing so, the manager or supervisor is
required to document, in writing, the facts and cimumstances leading to
the reasonable suspicion that the employee was impaired and could not
perform safely on the job. (Note: First-line supervisors should consult
with their supervisors, department directors and Human Resources
Manager, and a joint decision should be made as to whether or not the
employee should undergo a fitness for duty medical examination.)
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When there is a reasonable suspicion that the employee is impaired, the
manager or supervisor must attempt to detain the employee until the
employee can be safely transported from the work place. If the employee
refuses to submit to the fitness-for-duty examination, or attempts to leave
before safe transport can be found, the manager or supervisor shall remind
the employee of the requirements and disciplinary consequences of this
policy.
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Managers and supervisors shall notify their department directors or
designee, when there is reasonable suspicion that an employee may have
illegal drugs in his or her possession. If the department director or
designee concurs that there is reasonable suspicion of illegal drug
possession, the department director shall notify the appropriate law
enforcement agency.
Directors and supervisors must use the reasonable suspicion standards in
determining whether a fitness-for-duty examination is warranted.
Examples of what could lead to a reasonable suspicion of impairment are:
1) slurred speech; 2) alcohol odor on breath; 3) unsteady walking and
movement; 4) size of pupils and their reaction to light; 5) an accident
involving city property; 6) verbal altercation; 7) unusual behavior; 8)
possession of alcohol or drags; and 9) information obtained from a reliable
person with personal knowledge. The above is not an exclusive list.
36
2.6
2.7
2.8
Physical Examination and Drug Screening Procedures
The drug and/or alcohol screening may test for any substance which could impair
an employee's ability to effectively and safely perfo_rm the functions of his/her
assigned job duties, including but not limited to prescription medications, heroin,
cocaine, barbiturates, amphetamines, marijuana, and alcohol. The examination
will be conducted by a licensed physician in a local medical facility. The drug
testing will be conducted by a licensed toxicologist in a laboratory identified as
having met all legal requirements for performing such tests. The initial type of
screening to be performed can be either a blood or urine analysis at the employees
option. Positive results must be confirmed in accordance with federal regulations
including prescribed test levels.
Fit-For-Duty Examinations
a. A positive result from a drug and/or alcohol analysis may result in
disciplinary action, up to and including discharge.
If the drug screen is positive, the employee may provide, within 24-hours
of request, bonafide verification of a valid current prescription for the drug
identified in the drug screen. The prescription must be in the employee's
name.
If an alcohol or drug test is positive, the supervisor or department director
and the Human Resources Manager shall review the employee's record to
make a determination as to the possibility of rehabilitation for the purpose
of returning the employee to his or her assignment; or, after following
rehabilitation, whether to reassign the employee or precede with
disciplinary action, up to an including discharge. A positive test for an
illegal drug will be considered impairing to the employee's ability to
perform his or her job, and .therefore the corrective provisions of this
policy will apply
Confidentiality
Laboratory reports or test results shall not appear in the employee's general
personnel folder. Information of this nature will be contained in a separate
confidential medical folder and securely kept under the control of the Human
Resources Manager. Reports of test results may be disclosed to the Human
Resources Manager strictly on a need-to-know basis, and to the tested employee
upon request. Disclosures without the employee's consent may also occur
when:
a. The information is compelled by law or by judicial or administrative
process.
b. The information is to be used in administering an employee benefit plan.
37
c. The information is needed by medical personnel for the diagnosis or
treatment of the patient who is unable to authorize disclosure.
2.9
Appeal Process
Fit-For-Duty Examinations:
Employees whose tests results are positive, and who are consequently facing
disciplinary action may appeal pursuant to the provisions of the Memoranda of
Understanding and/or Personnel Rules.
2.10
Summary
The city will conduct drag and alcohol awareness programs, presented by the
Human Resources Division. These programs will include prevention and
detection methods, with emphasis on maintaining a drag free work place.
Additionally, printed material will be given to all employees explaining the
dangers of alcohol and drag abuse. All employees will be given a copy of this
policy.
SECTION 3 SEXUAL HARASSMENT
3.1
Policy Statement
The City of Cupertino opposes all forms of sexual harassment on the job and in
the work site, including acts of employees and non-employees. The city is
committed to providing a work environment in which employees are treated
with respect and dignity and which is free from discrimination. Sexual
harassment, or harassment for any reason by another employee or supervisor, will
not be tolerated and is subject to disciplinary action up to and including discharge.
All employees share in the responsibility of ensuring a working environment free
of sexual harassment.
3.2.
Definition
Sexual harassment shall be defined as unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual nature when such
conduct is made explicitly or implicitly a term or condition of employment, is
used as a basis for employment decisions, or has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
3.3 Examples
a. Written: suggestive or obscene letters; notes; invitations.
b. Verbal: derogatory comments; slurs; jokes
38
3.4
c. Physical: assault; touching; impeding or blocking movements; or any
physical interference with normal work.
Visual: leering; sexually-oriented gestures; or display of sexually
suggestive or derogatory objects, pictures, cartoons, or posters.
e. Others: threat or insinuation that lack of sexual favors will result in
reprisal; withholding support.
Complaint Procedure
Employees who are the victim of, or witness to, any form of discrimination or
sexual harassment must report the incident to their supervisor, department head,
or the Human Resources Manager. Supervisory personnel have a duty to report
violations that come to their attention and to take appropriate action.
Confidentiality is stressed because of the sensitive nature of the complaint.
The basis of the complaint is that the behavior, practice or action is
discriminatory or offensive and constitutes prohibited discrimination or
harassment. Examination of the nature and circumstances of each
complaint will determine whether the alleged acts or practices constitute
discrimination or sexual harassment.
b. Complaints must be submitted in writing.
c. Complaints may include a suggested method of resolution and corrective
action.
d. The employee has the choice of submitting the complaint to his/her
supervisor, department head, or the Human Resources Manager.
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Upon receipt of the complaint, the Human Resources Manager or a neutral
third party will promptly investigate the charges including contacting the
person who allegedly engaged in the sexual harassment, informing him or
her of the basis of the complaint and providing an opportunity to respond.
Upon completion of the investigation, the Human Resources Manager, in
consultation with the department head, will determine what, if any,
disciplinary action will be recommended to the City Manager. If sexual
harassment or other inappropriate behavior is found, appropriate action
will be taken to end the harassment or inappropriate behavior. Both
parties will be notified of the action to be taken.
If it is determined that sexual harassment occurred, or it is found that
inappropriate actions or comments occurred that could offend a reasonable
person, appropriate disciplinary action up to and including dismissal will
39
be taken. Disciplinary action taken under this procedure may be appealed
consistent with provisions within Memoranda of Understanding or the
Personnel Rules.
3.5 Responsibilities
a. The City Manager is responsible for enforcement of the city policy against
any type of harassment.
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The Human Resources Manager is responsible for ensuring that all
complaints of harassment are investigated in a confidential, thorough, and
prompt manner, including presentation of recommendations for any
necessary action to the City Manager.
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Every department head is responsible for informing all employees,
including supervisors, of the city policy against harassment and for taking
the steps necessary to set a positive example in the prevention of
harassment.
Every supervisor of every city employee is responsible for taking
immediate and appropriate corrective action upon the observation of any
incident of harassment or upon receipt of an oral or written report of any
occurrence of harassment.
eo
Every city employee is responsible for reporting any act of harassment
tothe immediate supervisor, department head, or Human Resources
Manager.
3.6. Penalties
a. Violation of this policy shall generally constitute just and reasonable cause
for discipline, up to and including termination.
b. In addition, an individual may be found to be personally liable when they
engage in or take no action to prevent sexual harassment.
3. 7 No Retaliation
No one, acting in good faith, who initiates a complaint or reports an incident
under this policy will be subject to retaliation.
SECTION 4 AMERICANS WITH DISABILITIES ACT
4.1
Purpose
The purpose of this policy is:
4O
4.2
4.3
a. to prohibit and eliminate any discrimination in employment against a
qualified individual with a disability; _
b. to define what constitutes "disability";
c. to define who is a "qualified individual with a disability";
d. to define discrimination on the basis of disability; and
e. to establish a procedure for investigating and resolving internal disability
discrimination complaints.
Policy
Discrimination on the basis of disability against an applicant or an employee who
is a qualified individual with a disability, by a supervisor, management employee,
or co-worker is not condoned and will not be tolerated. This policy applies to the
job application process and to all terms and conditions of employment including,
but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall,
transfer, leave of absence, compensation and training.
All complaints of discrimination on the basis of disability will be promptly and
objectively investigated.
Disciplinary action up to and including termination will be instituted for behavior
described in the definition of discrimination on the basis of disability set forth
below.
Any retaliation against a person for filing a discrimination charge or making a
discrimination complaint is prohibited.
Definitions
ao
Disability: (1) a physical or mental impairment that substantially limits
one or more major life activity; or (2) having a record of such an
impairment; or (3) being regarded as having such an impairment.
Physical or Mental Impairments Physical or mental impairments include,
but are not limited to: vision, speech and hearing impairments; emotional
disturbances and mental illness; seizure disorders; mental retardation;
orthopedic and neuromotor disabilities; learning disabilities; diabetes;
heart disease; nervous conditions; cancer, asthma: Hepatitis B; HIV
infection; and drug addiction if the addict has successfully completed or is
participating in a rehabilitation program and no longer uses illegal drugs.
The following conditions are not physical or mental impairments:
transvestitism; illegal drug use; homosexuality and bisexuality; compulsive
gambling, kleptomania; pyromania; pedophilia; exhibitionism; and
41
voyeurism; pregnancy; height, weight; eye color; hair color; left-handedness;
poverty; lack of education; a prison record; and poor judgment or quick
temper if not symptoms of a mental or physiological disorder.
Substantial Limitation of Major Life Activities An individual is disabled if
he or she has a physical or mental impairment that (a) renders him or her
unable to perform a major life activity, or that (b) substantially limits the
condition, manner or duration under which he or she can perform a
particular major life activity in comparison to other people.
Major life activities are functions such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and
working.
In determining whether physical or mental impairment substantially limits the
condition, manner or duration under which an individual can perform a
particular major life activity in comparison to other people, the following
factors shall be considered:
(1) the nature and severity of the impairment;
(2) the duration or expected duration of the impairment; and
(3) the permanent or long-term impact (or expected impact) of or
resulting from the impairment.
In determining whether a physical or mental impairment substantially limits an
individual with respect to the major life activity of "working" the following
factors should be considered:
(1) the geographical area to which the individual has reasonable access;
(2) the job from which the individual has been disqualified because of an
impairment and the number and types of jobs within that geographical
area utilizing similar training, knowledge, skills or abilities from
which the individual is also disqualified because of the impairment;
and/or
(3) the number and types of other jobs within that geographical area not
utilizing similar training, knowledge, skills or abilities (to the job from
which disqualified) from which the individual is also disqualified
because of the impairment (broad range of jobs in various classes).
do
Having a Record of Impairment An individual is disabled if he or she has
a history of having an impairment that substantially limits the performance
of a major life activity; or has been diagnosed, correctly or incorrectly, as
having such an impairment.
42
eo
Regarded as Having a Disability An individual is disabled if he or she is
treated or perceived as having an impairment that substantially limits
major life activities, although no such impairment exists.
Qualified Individual with a Disability A "qualified individual with a
disability" is a person who (1) satisfies the job related requirements for the
position, and (2) can perform the "essential functions" of the position
despite their disability, or who (3) with "reasonable accommodation" can
perform the essential functions of the position.
(1)
Satisfied Job-Related Requirements
Satisfying the job-related requirements of the position means that the
disabled individual possesses the appropriate educational background,
employment experience, skills, and license required for the position.
(2)
Essential Factors
Essential functions are the fundamental duties of a position. Marginal
or peripheral functions of a position are not essential functions.
A function may be essential because:
(a) the reason the position exists is to perform that function;
(b) of the limited number of employees available among whom the
performance of that job function can be distributed; and
(c) it is highly specialized and requires specific expertise or skill to
perform.
The following factors shall be considered in determining whether a
function is essential; the agency's judgment as to which functions are
essential; written job descriptions; the amount of time spent on the job
performing the function; the consequences of not requiring the
performance of the function; the terms of a collective bargaining
agreement or MOU; and the work experience of past and present
incumbents in the position.
(3)
Accommodation
If the individual cannot perform the essential functions despite their
disability, is to determine whether reasonable accommodation would
enable the individual to perform the essential functions of the position.
Accommodation is any change in the work environment or in the way
things are customarily done that enables a disabled individual to enjoy
equal employment opportunities. Accommodation means
modifications or adjustments:
43
(a) to a job application process to enable an individual with a
disability to be considered for the position;
to the work environment in which a position is performed so that a
disabled person can perform the essential functions of the position;
and
(c)
that enable disabled individuals to enjoy equal benefits and
privileges of employment as other similarly situated employees
without disabilities enjoy.
Accommodation includes making existing facilities and equipment
used by employees readily accessible to and usable by individuals with
disabilities.
Accommodation applies to:
(a) all employment decisions and to the job application process;
(b) all services and programs provided in connection with
employment; non-work facilities provided by the agency to all
employees; and known disabilities only.
Accommodation is not required if:
(a)
it eliminates essential functions of a position from the disabled
individual's job; or adjustments or modifications requested are
primarily for the benefit of the disabled individual.
(4)
Undue Hardship Agency will not provide an accommodation that
imposes an "undue hardship" on the operation of the agency's
business. Undue hardship means significant difficulty or expense
incurred in the provision of accommodation. Undue hardship includes
but is not limited to financial difficulty. Undue hardship refers to any
accommodation that would be unduly costly, extensive, substantial or
disruptive, or that would fundamentally alter the nature or operation of
the business.
Whether a particular accommodation will impose an undue hardship is
determined on a case-by-case basis. The following factors will be
considered in determining whether an accommodation would create an
undue hardship: the nature and cost of the accommodation; the
financial resources of the agency; the number of employees' and the
type of operations of the agency, including the composition and
functions of its work force.
44
(5)
Determining the Appropriate Accommodation If a qualified individual
with a disability requests the provision of a reasonable accommodation,
the agency shall engage in an informal, interactive process with the
disabled person which identifies the precise limitations resulting from
the disability and the potential accommodations that could overcome
those limitations.
The accommodation process shall generally involve five steps. First, the
agency shall analyze the particular job at issue and determine its purpose
and essential functions. Second, the agency shall consult with the
disabled individual to ascertain the precise job-related limitations
imposed by the individual's disability. Third, the agency shall consult
with the disabled individual to identify potential accommodations.
Fourth, the agency shall assess the effectiveness of each potential
accommodation with regard to enabling the individual to perform the
essential functions of the position. Finally, the agency shall consider the
preference of the individual to be accommodated and select and
implement the accommodation that is most appropriate for both the
employee and the agency.
g. Discrimination on the Basis of Disability
Discrimination on the basis of disability means:
(1)
to limit, segregate, or classify a job applicant or employee in a way that
may adversely affect opportunities or status because of the applicant's or
employee's disability;
(2) to participate in a contract which could subject an applicant or employee
with a disability to discrimination;
(3) to use any standards, criteria or method of administration which could
have the effect of discriminating on the basis of disability;
(4) to deny equal jobs or benefits because of a disability;
(5)
to fail to make reasonable accommodations to known physical or mental
limitations of an otherwise qualified individual unless it can be shown that
the accommodation would impose an undue hardship;
(6) to use a selection criteria which excludes a disabled person unless the
criteria is job-related and consistent with business necessity; and
45
4.4
(7) to fail to use employment tests in a manner that ensures that the test results
accurately reflect the applicant's or employee's skills or aptitude for a
particular job. _
Complaint Procedure
ao
A job applicant or employee who believes he or she has been
discriminated against on the basis of disability may make a written
complaint as soon as possible after the incident to: (a) complainant's
immediate supervisor; (b) complainant's department head; or (c) the
Human Resources Manager, who has been designated to coordinate
agency's efforts to comply with federal and state laws concerning
employment discrimination on the basis of disability.
In order to facilitate the investigation, the complainant is encouraged to
submit the complaint within 30 days of the alleged incident(s). Where
reasonable circumstances prevent the filing of the complaint within this
time period, complaints received after this time period may be accepted.
b. The complaint shall include:
· a description of the offending behavior(s) or violations;
· date(s), time(s) and location(s) of incident(s);
· name(s) of alleged offender(s);
· name(s) of witnesses, if any; and remedy desired.
c. The complainant's immediate supervisor or department head shall refer all
complaints received to the Human Resources Manager.
Upon receipt of a complaint, the Human Resources Manager shall
investigate all charges. The investigation shall include interviews with:
(a) the complainant; (b) the person(s) allegedly engaged in discrimination,
and (c) any other person believed to have relevant knowledge concerning
the complaint.
Upon completion of the investigation, the Human Resources Manager
shall review the information gathered through the investigation to
determine whether the alleged conduct constitutes discrimination, giving
consideration to all factual information, the totality of the circumstances,
including the nature of the alleged discriminatory conduct and the context
in which the alleged incidents occurred.
The Human Resources Manager shall then prepare a written report setting
forth the result of the investigation and the determination as to whether
discrimination occurred. The results of the investigation shall be
conveyed to appropriate persons including to the complainant,
46
theperson(s) allegedly engaged in discrimination, the supervisor, and the
department head.
If it is determined that discrimination occurred, swift and appropriate
disciplinary action will be commensurate with the severity and/or
frequency of the offense.
h. Reasonable steps shall be taken to protect the victim and other potential
victims from further discrimination.
i. Reasonable steps shall be taken to protect the victim from retaliation as a
result of communicating the complaint.
SECTION 5 FAMILY LEAVE
Effective August 5, 1993 the Family Leave Act became effective and pertains to all local
governments and other employers with more than 50 employees.
Family and Medical Leave (FMLA leave) provides employees with the right to take
family care and medical leave for up to 12 work weeks during any 12 month period if
he/she: 1) has been employed for at least 12 months; and 2) has worked at least 1250
hours during the last 12 months. The city requires an employee to use accrued sick leave
which becomes part of the leave entitlement.
FMLA leave can be taken because off 1) The birth of a child of an employee. 2) The
placement of a child with an employee in connection with the adoption of a child by an
employee. 3) The serious illness of a child of an employee or to care for a parent or a
spouse who has a serious health condition; or 4) a serious health condition that makes the
employee unable to perform the functions of their position.
During any FMLA leave the city must maintain the employee's coverage under any group
health plan on the same conditions as coverage would have been provided if the employee
had been continuously employed during the entire leave period. Other benefits can be
maintained at the employee's cost. If an employee fails to return from leave, the
employer has a right to reimbursement for the group health costs during the time of the
leave. There are two exceptions to the preceding: 1) The employee is too ill to return; or,
2) The employer believes grievous economic injury will result if that employee is
reinstated.
An employee should provide as much advance notice as possible of the date of the Family
Medical Leave being requested and an estimated duration.
The employer shall respond to the leave request as soon as possible. When granting
FMLA leave, the employer shall provide the employee with the following notice: 1) that
the leave will be counted as FMLA leave; 2) any requirements for the employee to
47
provide medical certification; 3) the employee's need to use paid leave where applicable;
4) any requirement of the employee to make payment to maintain benefits and the
arrangements for making such payments; 5) any requirements that the employee provide a
fitness-for-duty certificate to be restored to employment; 6) the employee's status as
"key''* employee and the potential consequences that restoration may be denied; 7) the
employee's fight to restoration to the same or an equivalent position upon return from
leave; and 8) the employee's potential liability for payment of health insurance premiums
paid by the employer during the employee's unpaid leave if the employee fails to remm to
work after taking leave.
SECTION 6 REIMBURSEMENT OF EXPENSES
6.1
Personal Vehicles
Employees who are required to use their personal vehicles for city business shall
be reimbursed for such use at an appropriate rate to be determined by a schedule
adopted by the City Council. Submission of a request for reimbursement must be
approved by the department head.
Exceptions to the foregoing paragraph are: City Manager, department heads,
Recreation Supervisors, Traffic Engineer, Building Official and the Public
Information Officer. The pay rate of each includes an allowance for the use of
their personal vehicles. However, should any of the identified persons travel in
excess of two hundred miles round trip they would be eligible for reimbursement
at the established rate.
6.2
Reimbursements
Employees who are required to advance personal funds for conferences, meetings,
or the purchase of minor materials and supplies or for other approved services
during the performance of or arising out of the duties assigned to the employees
work shall be reimbursed for funds so expended. The Appointing Authority may
prescribe such administrative rules and regulations governing the allowable kinds
and amounts of such reimbursable expenditures and the methods and procedures
usable to substantiate and process submitted claims.
SECTION 7 SPECIAL CONDITIONS
7.1
Training Programs
It shall be the policy of the city to encourage employee participation in training
programs which will be of benefit to the employee and the city in the better
performance of his/her work and as a means of providing assistance to the
employee qualifying for promotional opportunities. The Appointing Authority
: "key" employee is an employee who is among the highest paid ten percent of all the City of Cupertino
employees.
48
may prescribe suitable regulations and guidelines under which such programs may
be administered.
7.2
Suggestion System
Suggestions of employees relating to the improvement of work related matters
shall be encouraged. The means of receiving, processing and implementing such
suggestions as well as the method of giving appropriate recognition thereto shall
be as prescribed by the Appointing Authority.
7.3
Hospitalization, Medical, Dental and Life Insurance Programs
It shall be the policy of the city to provide suitable group hospitalization,
medical, dental, life insurance programs and income protection under which
employees and their dependents may be covered. The needs of the employees
shall be given due consideration.
7.4
Memorandum of Understanding
Rules relating to those matters of mutual interest and concern between city
management and city employees which are subject to meeting and conferring in
good faith shall be as mutually agreed to between the parties and as approved by
the City Council in Memoranda of Understanding. In the absence of such
memoranda the rules contained herein shall apply wherever applicable. In the
absence of any specific rule on any given matter the City Manager in that capacity
or as Appointing Authority shall establish suitable policies by administrative
regulations and orders which shall be considered as supplemental hereto unless or
until amended or superseded.
SECTION 8 WORKPLACE VIOLENCE
8.1 Policy
The City of Cupertino is firmly committed to providing a workplace that is free
from violence and the threat of violence. In keeping with this commitment, the
city has established a strict policy that prohibits any employee from threatening or
committing any act of violence in the workplace. Employees are also prohibited
from having in their possession weapons including firearms and knives, other than
pocket knives or knives commonly used as tools, in the workplace.
8.2 Definition
Workplace Violence includes but is not ;limited to harassment, threats, physical
attack, or property damage.
Threat is the expression of an intent to cause physical or mental harm. An
expression constitutes a threat without regard to whether the party communicating
49
8.3
8.4
8.5
the threat has the present ability to carry it out and without regard to whether the
expression is contingent, conditional, or future.
Physical Attack is unwanted or hostile physical contact such as hitting, fighting,
pushing, shoving, or throwing objects.
Property Damage is intentional damage to property that includes property
belonging to the City of Cupertino, employees, visitors, or other persons.
Zero Tolerance
Violence, or the threat of violence, against or by any employee or any other person
is not acceptable.
Should a non-employee, on City of Cupertino property, demonstrate or
threaten violent behavior, he/she may be subject to criminal prosecution.
(2)
Should an employee, during working hours, demonstrate or threaten
violent behavior, he/she may be subject to disciplinary action up to and
including discharge.
Violent Acts
The following actions are considered violent acts:
(1) Striking, punching, slapping or assaulting another person.
(2) Fighting or challenging another person to fight.
(3) Grabbing, pinching or touching another person in an unwanted way
whether sexually or otherwise.
(4) Engaging in dangerous, threatening or unwanted horseplay.
(5)
Possession, use, or threat of use, of a gun, knife, or other weapon of any
kind in the workplace, including parking lots, work sites, city vehicles, or
while engaged iun activities for the City of Cupertino in other locations.
(6)
Threatening harm or harming another person, or any other action or
conduct that implies the threat of bodily harm.
Reporting Violent Acts
Any employee who is the victim of any violent, threatening, or harassing conduct
in the workplace, any witness to such conduct, or anyone receiving a report of
50
8.6
8.7
8.8
8.9
such conduct, whether the perpetrator is a city employee or a non-employee, shall
immediately report the incident to their immediate supervisor or other appropriate
person in the chain of command. A written report_shall immediately be prepared
and delivered to the Human Resources Manager. Failure to report a workplace
violence situation or file a written report shall be cause for disciplinary action up
to and including discharge.
Workplace Violence Written Report
The written report shall be objective and include facts including time,
observations, statements made by the parties involved in the workplace violence
encounter, names of witnesses to the incident, and other relevant information that
may be beneficial to the investigation.
No Retaliation
No one, acting in good faith, who initiates a complaint or reports an incident
under this policy will be subject to retaliation or harassment.
Investigation
Upon notification of a workplace violence report, the Human Resources Manager
shall immediately conduct an investigation. A written report including findings
and recommendations shall be submitted to the City Manager.
Due Process
Any employee, if found to be a perpetrator, will be provided due process prior to
any disciplinary action pursuant to the provisions of a memoranda of
understanding or the Administrative Rules and Regulations of the Personnel
Code.
51
CITY OF
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
AGENDA ITEM
PUBLIC WORKS DEPARTMENT
Summary
AGENDA DATE June 17~ 2002
SUBJECT AND ISSUE
Approve Contract Change Order (CCO) No. 2, Safe Routes to School Project, in the amount of $3,700
for a total contract amount of $355,200.
BACKGROUND
On July 16, 2001 the Council authorized the director of Public Works to award a contract for the Safe
Routes to School Project. The bid awarded was to Republic Electric in the amount of $299,500. The
project consists of a variety of improvements in traffic signage, pavement markings, and barrier
removals in accordance with the Americans with Disabilities Act (ADA) as well as drop off
improvements at the school sites. On December 17, 2001 the Council approved CCO No. 1 in the
amount of $52,000 for several items of extra work for a total contract amount of $351,500.
CCO No. 2 provides for construction of an Americans with Disabilities Act (ADA) accessible ramp on
the east side of Bubb Road at Hyannisport Drive. The ADA accessible ramp was originally included
in the project, but was removed prior to bidding when the consultant determined that the installation
per plan, would necessitate the relocation of a large utility vault. It was later determined, by city staff,
that the relocation of the handicap ramp, 15 feet north and the relocation of a guy wire and bus stop
could facilitate the installation of the needed ADA accessible ramp. The cost of the CCO for the
remobilization and the installation of this ramp has been negotiated with the contractor in the amount
$3,700.00 which staffbelieves to be a reasonable price for the work involved.
FISCAL IMPACT
Funding for this proposed CCO is available in the adopted project budget (Acct. 420-9541)so there is
no additional fiscal impact.
STAFF RECOMMENDATION
Adopt Resolution No. ~.~'~13to authorize the additional expenditure of $3,700 from account 420-
9541, Safe Routes to School and approval of Change Order No. 2 for the Safe Routes to School
Project in the amount of $3,700.00 for a total contract amount of 355,199.11.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
Printed on RecFcled Paper
CITY OF
CUPEI TINO
City HaH
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3354
FAX: (408) 777-3333
SAFE ROUTES TO SCHOOLS
PROJECT NUMBER 9541
CONTRACT CHANGE ORDER NO. 2
Contractor
Republic Electric
7120 Redwood Boulevard
Novato, CA 949445-4114
The following changes are hereby approved:
2A.
2B.
Install Handicap Ramp at Bubb Road at Hyannisport Drive
Additional Mobilization
Total Change Order No. 2
Total Project:
Original Contract
Change Order No. 1
Change Order No. 2
Revised Contract
$299,500.00
51,999.11
3,700.00
$ 355,199.00
CONTRACTOR
CITY OF CUPERTINO
$ 2,000.00
!,700.00
$ 3,700.00
Title
Date
Ralph A. Quails, Jr.
Director of Public Works
City Council: June 17, 2002
Resolution No. 02-
Printed on Recycled Paper
DRAFT
RESOLUTION NO. 02-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING CONTRACT CHANGE ORDER NO. 2 FOR SAFE ROUTES TO SCHOOLS,
PROJECT NUMBER 9541
RESOLVED by the City Council of the City of Cupertino, California, that Change Order
No. 1 for changes to work which has been approved by the Director of Public Works and this day
presented to this Council, be, and it hereby approved in conjunction with the project known as
SAFE ROUTES TO SCHOOLS
PROJECT NUMBER 9541
BE IT FURTHER RESOLVED that funds are available and no further appropriation is
necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002, by the following vote:
Vote
Members of the Ci_ty Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CITY OF
CUPEI TINO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGENDA ITEM
Summary
AGENDA DATE
June 17, 2002
SUBJECT AND ISSUE
Set a public hearing for July 15, 2002 to change a street name from Maryknoll Court to Peralta Court.
BACKGROUND
In October 2000, The O'Brien Group changed the name of Maryknoll Court to Peralta Court at the
request of Mary Knoll Seminary. New signs were erected, but the developer was inadvertently
unaware that City Council approval was required for the street name change. The record map currently
lists the street name as Maryknoll Court, which has caused some confusion and inconvenience for the
residents on this street. Approval of the street name change by City Council will formalize the process
and allow correction of the record map.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 02- I[ u(, setting a public hearing for
July 15, 2002, to change the name of Maryknoll Court to Peralta Court.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
David Knapp
City Manager
Pnnted on Recycled Paper
RESOLUTION NO. 02-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO CHANGE STREET NAME WITHIN
THE CITY OF CUPERTINO PURSUANT TO SECTION 5026 OF THE
STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, FIXING
TIME AND PLACE FOR HEARING AND PROVIDING NOTICE THEREOF;
CHANGE MARYKNOLL COURT TO PERALTA COURT
DRAFT
WHEREAS, a request has been made by The O'Brien GrouP to change the name of
Maryknoll Court to Peralta Court.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby declares its intention to change the street name of this roadway from Maryknoll Court to
Peralta Court.
BE IT FURTHER RESOLVED:
1. That the 15th day of July, 2002, at 6:45 p.m., in the Council Chamber, City Hall,
10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the
proposed name change;
2. That the aforesaid date is not less than 15 days from passage of this resolution
pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be published
in the manner prescribed by law, for at least two (2) successive weeks prior to the hearing and
shall cause certified copies to be posted along the street affected at least ten (10) days before the
date of hearing and no more than 300 feet apart with a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CITY OF
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777°3333
PUBLIC WORKS DEPARTMENT
SUlVIMARY
AGENDA ITEM
AGENDA DATE June 17, 2002
SUBJECT AND ISSUE
Approve the Second Amendment to the Agreement with the County of Santa Clara for the
Countywide Household Hazardous Waste Collection Program.
BACKGROUND
The Council, in June 2001, approved the first amendment to the agreement with Santa Clara
County for the Countywide Household Hazardous Waste Collection Program. The City has
continuously provided household hazardous waste collection services to its residents through
agreements with the countywide program since 1991. This program allows residents to safely
dispose of such unwanted household products as paints, solvents, pesticides, cleaning chemicals,
automotive fluids and batteries in a legal, convenient, and economical manner. Small businesses
can also participate for a small fee.
The second amendment as proposed, provides only one minor change to the 2001 agreement
regarding the pricing for collecting used motor oil for small businesses. Currently the agreement
requires a payment by small businesses of $3 per gallon to collect used motor oil. The proposed
agreement eliminates that charge such that acceptance of used motor oil will be at no cost to the
businesses. Residents may currently dispose of motor oil at no cost and no change in that policy
is proposed. The City is committing $24,000 from the Resource Recovery budget for FY 2002-
2003 in addition to approximately $60,000 collected by the County on the City's behalf from
solid waste tipping fees, for a total program budget of $85,000. More than 900 Cupertino
households will have the opportunity to participate in the 2002-2003 program.
FISCAL IMPACT
There is no fiscal impact to this action. The funding has already been approved with the FY
2002-03 operating budget.
Printed on Recycled Paper
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2002- I] 5" , approving the Second
Amendment to Agency Agreement for Countywide Household-Hazardous Waste Collection
Program.
Submitted by:
Approved for Submission:
Ralph A. Quails, Jr.
Director of Public Works
David W. Knapp
City Manager
RESOLUTION NO. 02-115
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE
SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
WHEREAS, there has been presented to the City Council the "Second
Amendment To The Agency Agreement For Countywide Household Hazardous Waste
Collection Program", between the County of Santa Clara and the City of Cupertino; and
WHEREAS, the Second Amendment will provide for continued city participation
in the household hazardous waste collection program for fiscal years 2002-03; and
WHEREAS, the provisions of the Agency Agreement have been reviewed and
approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the "Second Amendment To The Agency Agreement For
Countywide Household Hazardous Waste Collection Program" and authorizes the Mayor
and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
?-3.
CITY OF
CUPERTINO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
SUMMARY
AGENDA ITEM
AGENDA DATE June 17, 2002
SUBJECT AND ISSUE
Accept the Completed City Project for the Annual Maintenance Contract with Tally
Enterprises for Sidewalk, Curb and Gutter Reconstruction.
BACKGROUND
On June 18, 2001, the Council approved a one-year extension to the term of the
maintenance agreement with Tally Enterprises as provided in the contract for the
Reconstruction of Curbs, Gutters and Sidewalk to June 30, 2002. The approved amount
of the work to be completed at agreed upon unit prices was $600,000. The Council also
approved a contingent mount within the project budget of up to $125,000 for additional
work that and authorized the Director of Public Works to approve additional work up to
that amount through Contract Change Orders. The total amount of the work performed
under this contract included one change order approved by the Director of Public Works
in the amount of $31,599 for a total contract amount of $631,599.
All the work provided by this contract on the project has now been completed, inspected
and approved by the City. Therefore acceptance of the project is recommended by staff.
FISCAL IMPACT
There is no fiscal impact.
STAFF RECOMMENDATION
Accept of the Completed City Project for the annual maintenance contract with Tally
Enterprises for sidewalk, curb and gutter reconstruction.
Submitted by:
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
Pnnted on Recycled Paper
CITY OF
CUPE INO
City of Cupertino
lO3OO Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
Housing Services
Summary
Agenda Item No.
Agenda Date: June 17~ 2002
Subject.'
CONSENT CALENDAR
Adopt resolution accepting $20,000 payment from Mission West Properties as payment in
full for housing mitigation fees for a building located at 10466 Bubb Road, Resolution No.
02- lib.
Recommendation:
Adopt the attached resolution accepting payment $20,000 payment from Mission
West Properties as payment in full for housing mitigation fees for the building located at
10466 Bubb Road.
Background:
During the 1993 General Plan amendment, the city approved a General Plan
· policy to charge a fee in-lieu of the development of affordable traits in the city.
The fee is approximately $2.00 a square foot for all new office, and research and
development space.
In January 2001, Community Development Department staff discovered that
housing mitigation fees of $170,748 were not collected for six building permits
issued during the period of January 1996 through August 1999.
Discussion:
In January 2001, City staff contacted the building permit applicants to notify them
of the delinquent fees. The staff was able to collect $53,543 from four of the six
applicants and the City Council agreed to accept $50,000 from Honeywell in-lieu
of the $87,000 owed for a total collection of $103,543. There remains an
outstanding payment of $29,904 for Mission West Properties, Inc. Mission West
Properties, Inc. offered to pay the city $20,000 in-lieu of the $29,904 owed (see
attached letter).
On May 28, 2002, the City Council met in closed session and authorized staff to
proceed with accepting the $20,000 offer. Mission West Properties has remitted a
check in the amount of $20,000 to the city. Staff recommends that the City Council
Adopt resolution accepting $20,000 payment from Mission West Properties as payment in
full for housing mitigation fees for a building located at 10466 Bubb Road.
June 17, 2002
Page 2
adopt the attached resolution accepting the $20,600 payment for the housing
mitigation fees.
PREPARED BY:
Vera Gil, Senior Planner
SteveiTbiasecki, Director
of Community Development
APPROVED FOR SUBMITTAL:
David W. Knapp, City Manager
Attachments:
Resolution 02-
Letter from Mission West Properties, Inc. dated May 15, 2002
H:\-COUNCIL REPORTS~Iission West Properties settlement.doc
RESOLUTION NO. 02-1 16
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF
CUPERTINO ACCEPTING $20,000 PAYMENT FROM MISSION WEST
PROPERTIES AS PAYMENT IN FULL FOR HOUSING MITIGATION
FEES FOR A BUILDING LOCATED AT 10466 BUBB ROAD
WHEREAS, the Cupertino General Plan requires payment of Housing Mitigation
fees for any new office or research and development (R & D) square footage; and
WHEREAS, the Planning Commission approved an application from Berg and
Berg (Mission West Properties) on June 14, 1997 for a 14,952 square foot office addition
at 10466 Bubb Road; and
WHEREAS, Mission West Properties owes the city of Cupertino $29,904 in
Housing Mitigation fees for the construction of the building at 10466 Bubb Road; and
WHEREAS, said fees were not collected prior to the issuance of building permits;
and
WHEREAS, Mission Properties has offered a $20,000 to settle the dispute over
the payment of fees;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby accepts the aforementioned payment on behalf of the City of Cupertino
as full payment for the Housing Mitigation fees owed for planning application 6-ASA-97.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 2002 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
G:\City ClerkLResolutions~2002 Resolutions\02-116 Mission West Properties.doc
WES1'
INC.
Silicon Valley's Developer'"
We build the buildings for the high tech
companies that build the internet. TM
May 15, 2002
Steve Has. Id
City of Cul~el'tino
I0300 T~r~.' Avenue
Cupertino, CA 95014
FAX 408-777-3333
Housing Mitigation Dispute at 10460 Bubb Road
Mr. Piasecki:
Mission West Properties, Inc. agrees to pay the City of Cupertino Twenty Thousand Dollars
($20,000) to settle the dispute over housing mitigation .at 104{50 Bu.bb Road. We will pay the
Twenty Thousand Dollars ($20,000) five days after acceptance of this offer.
Sincerely ,
10050 Bandley Drive, Cupertino · CA 95014. (408) 725.700 · FAX (408) 725-162e · E-mall: Info@mlsslonwesccom · Web$ite: www, mlssionwe.~_~.I.
CITY OF
CUPERTINO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM I C)
AGENDA DATE June 17, 2002
SUBJECT AND ISSUE
Adopt the FY 2002-03 Rates for the Assessment of Storm Drainage Fees for the Nonpoint
Source Program
BACKGROUND
Since 1991, the Nonpoint Source Program, mandated by the State of California and the US
Environmental Protection Agency regulations, has been funded locally by attaching a storm
fee to each property in the City. The fee is collected by the Santa Clara County Tax Collector
and provided to the City.
These funds support the City's mandated programs to prevent and enforce illegal dumping
and illicit storm drain connections. The operation and maintenance of storm drain facilities (to
the extent not covered by existing General Fund activities), water quality monitoring, public
information and education, and regulatory revisions and related tasks are also supported by
these funds. To maintain the fund as a resource, it must be renewed by Council action every
year to adopt the fee schedule for the ensuing fiscal year.
Assessment Rate FY 2002-2003
The fees have remained the same since they were first levied in 1991. The annual fees for
each property category are as follows:
Category_ Rate per Year
Single Family Town homes, Condominiums
CommerCial/Industrial/Apartments
Unimproved/Recreation
$12.00/premise
$144.00/acre
$36.00/acre
The fee schedule when levied on all properties in the City of Cupertino generates
approximately $355,000 annually. The program has been budgeted at $365,000 and the
$10,000 shortfall can be funded from the reserves. However, as noted above, because the fees
have not changed over the years, the funding, while remaining constant, has diminished in
value over time from the inflation of costs. As such, while the program maintains the
mandated regulatory and educational programs, most storm drain maintenance and protection
is funded either from the General Fund or fi'om connection fees.
FISCAL IMPACT
As noted above, the continuation of this assessment at the same amount will generate
approximately $355,000 in the 2002-03 FY.
STAFF RECOMMENDATION
Adoption of Resolution No. 02 I1'~ approving the renewal and collection of the existing
storm drain fees at no increase in rates for Fiscal Year 2002-2003.
Submitted by:
Ralph A. Quails, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
RESOLUTION NO. 02-117
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE
SERVICE CHARGE
WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code
Chapter 3.36 for the purpose of meeting the City's federally mandated Nonpoint Source Control and
Stormwater Management Program and establishing the authority for imposing and charging a storm
drainage service charge; and
WHEREAS, a report concerning the method of assessing an environmental fee to fund the
City's nonpoint source program was prepared by the Director of Public Works pursuant to Section
3.36.080(B) of the City's Municipal Code and filed with the City Clerk on May 21, 2002. The report,
entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source
Pollution Program", was prepared by the Director of Public Works and is dated May 20, 2002; and
WHEREAS, this study was available for public inspection and review ten (10) days prior to this
public heating; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled "Engineer's Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Program" and the testimony received at this public
hearing, the City Council hereby approves the report and herein incorporates it in the resolution.
2. There is a need in the City for the continuation of a storm drainage service charge to
cover the costs of the federally mandated program as heretofore described, in that properties within the
city will not otherwise contribute their fair share towards this program and without the availability of
such storm drainage service charge, the City's general fund will be depleted.
3. The facts and evidence presented establish that there is a reasonable relationship
between the need for this fee and the impacts for which this fee shall be used, and that there is a
reasonable relationship between the fee's use and the properties which are to be charged this fee.
These relationships or nexuses are d~scribed in more detail in the above referenced report.
4. The amounts of the fee for each category of property, as set forth below, are reasonable
amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study,
which the City Council hereby approves and herein incorporates such study.
5. It is further determined that each and every parcel of land contained in said report will,
and has received a benefit of the storm drainage system and tha_t the charges imposed herein on each
such parcel are in conformity with the benefits that such parcel has received as further described in the
report.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The storm drainage service charge shall continue to be charged to each parcel
within the city to cover the costs of the City's Nonpoint Source Control and Stormwater Management
Program.
2. Use of Revenue. The revenue derived from said charge shall be used solely in
connection with implementing and enforcing Chapter 3.36 of the Cupertino Municipal Code entitled
"Storm Drainage Service Charge."
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises
Apartment premises
Commercial/Industrial premises
Unimproved/Recreational
$ 12.00/parcel
$144.00/acre
$144.00/acre
$ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
2
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the
date of its adoption. _
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 17' day of June, 2002, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
APPROVED:
City Clerk
Mayor, City of Cupertino
EXHIBIT A
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's
Nonpoint Source Pollution Program mandated by the Environmental Protection
Agency (EPA). Regulations by the EPA and the State of California require cities to
take specific actions to eliminate or control pollutants.
The term "nonpoint source pollution" represents a process whereby pollutants, debris
and chemicals which accumulate on streets, in neighborhoods, construction sites,
parking lots and other exposed surfaces are washed off by rainfall and carried away by
stormwater runoff into the San Francisco Bay. Sources of these pollutants may
include automobile exhaust and oil, pesticides, fertilizers, chemicals, eroded soil,
detergents, paints and other discarded material carried through the storm drain system,
without treatment, directly to the Bay. These pollutants are hazardous to aquatic and
human life.
The City of Cupertino has implemented several programs to mitigate this problem
that include elimination of waste disposal into storm drains, monitoring pollutants,
public education and public awareness, and operation and maintenance of storm drain
facilities.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for
fiscal year 2002-2003 is $365,000. The breakdown of costs is outlined as follows:
Countywide Program
Regional Monitoring
Permit Fees
Public Education & Public Awareness
BMP Manuals
Program Management
$ 80,000
Operations and Maintenance
Street Sweeping and Catch Basin Cleaning
$ 146,000
City Public Education Awareness
Public Outreach
Printed Materials
Creek Education
55,000
4
Local Programs
Administration
Fee Collection
Illicit Connection and Illegal Dumping
Industrial Inspection
New Development and Construction
84,000
TOTAL $ 365,000
C. Revenue And Assessment
Revenues generated to fund this program are based on a factor calculated from the
City's Master Storm Drain Study runoff coefficients and average area of impervious
surface per acre based on type of development. The factor for each category is based
on a comparison to an average residential parcel assigned a factor of one.
The following table represents the revenue stream for different categories of
development.
Deveopment Cate2orv
Residential 1
Commercial/Industrial/
Apartments 12
Unimproved/Recreational 3
No. Parcels Annual Revenue
Factor or Acre Cost/Unit Generated
14,500 Pcl $12.00 $174,000
1,029.10 Ac
919.65 Ac
144.00 148,190
36.00 33,107
TOTAL $ 355,297
Each parcel has been identified and a fee established in a separate report entitled
PARCEL ASSESSMENT REPORT.
5/20/02
Ralph A. Quails, Jr.
Director of Public Works
CITY OF
CUPEI INO
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUMMARY
AGENDA NO. II,
AGENDA DATE Tune 17, 2002
SUMMARY:
Consider the appeal of the Planning Commission's approval of application
U-2002-02, a use permit to allow a six-bedroom residence at 10567 Glenview
Avenue to be used as a congregate residence for up to 16 persons where 10
persons are allowed by right.
Applicant:. Support Systems Homes 0effery Janof0
Property Owner: Son H. Lee
Property Location: 10567 Glenview Avenue
RECOMMENDATION:
The City Council can take any of the following actions:
1. Deny the appeal and uphold the Planning Commission decision, thereby
approving the use permit and allowing 16 persons to occupy the house,
based on Planning Commission Resolution No. 6132, with Conditions #7
and #8 deleted as described in this report.
2. Uphold the appeal and overturn the Planning Commission decision with
specific findings that show that the six additional persons will cause a
direct threat to the health of others or substantial physical damage to
property, thereby denying the use permit and reducing the occupancy of
the house to 10 persons.
BACKGROUND:
The use permit is to allow six additional residents in the house, for a total of
sixteen. Ten residents are allowed by right in the R-1 Zoning District. The
Planning Commission heard this item on May 13, 2002. The Commission
approved the use permit on a 3-1 vote, with Commissioner Saadati opposed.
The Commissioners were concerned with the number of residents and the
potential for impacts. Their action to approve was based on the City Council
guideline enacted in Ordinance No. 1688 and the recommendation of the City
Attorney. The Planning Commission staff report, attachments, resolution and
minutes are enclosed.
File No. U-2002-02, Support Systems Homes
Iune 17, 2002
Page 2
DISCUSSION:
Appeal:
Mr. Yudong Sun, residing at 10580 Glenview Avenue, appealed the Planning
Commission approval of this application. The appeal letter states that the
approval violates a Restrictive Covenant affecting the subdivision and states that
the application should not have been approved because the house is in a "very
special location."
Restrictive Covenants
The Assistant City Attorney provided Planning staff with a memorandum
addressing the appellant's statements (attached). The memorandum includes the
applicable codes and court cases involved with this application.
Special Location
The appellant states that the house has a unique location with respect to the path
students take to and from Eaton Elementary School west of Blaney Avenue, and
that the use of the house with sixteen persons constitutes a direct threat to many
elementary school children in the area.
This rationale may be appropriate if the residents were convicted of child
molestation or child abduction. However, the residents of the house have
criminal records resulting in their addictions, not their actions toward children.
There is no evidence provided that shows a connection between six additional
residents in this house and the safety of the children walking to and from Eaton
Elementary School.
Neighborhood Meeting:
Support Systems Homes held an open house and a neighborhood meeting on
Friday, June 7, 2002. The applicant requested a copy of the public notice list (500'
mailing list) to serve as their mailing for their open house and meeting.
The open house was scheduled on Friday, June 7, 2002 at 5 p.m. with the purpose
of making the house available to all neighbors to see the living environment.
Staff did not attend the open house. The applicant stated that there were about
twelve to sixteen neighbors who attended the open house. Later, at 7 p.m., a
neighborhood meeting was held at the Cupertino Library Community Room.
Staff attended the neighborhood meeting. A total of eighteen persons attended
the meeting, of which eight were adult neighborhood residents.
Neighborhood issues raised included: · Disapproval of the applicant not notifying them in advance;
· Concern over the occupancy load with respect to bathroom facilities;
· Concern over the parking arrangement at the site;
File No. U-2002-02, Support Systems Homes
{une 17, 2002
-Page 3
· Suggestion that the operation participate in voluntary community serving
functions such as the Rotary;
· Concern over a person passed out at Blaney-Avenue and Clifford Drive
(person is a Cupertino resident not associated with the Glenview
residence);
· Concern that the operation violates a Restrictive Covenant in the
subdivision.
A condition of approval stated the applicant must meet with the neighborhood
within 30 days of the final action. The final action would be the City Council
hearing. Since a neighborhood meeting has already occurred, staff recommends
that Condition #8 of Planning Commission Resolution No. 6132 be deleted.
The applicant stated that they want to be a good neighbor, and will do what they
can to address neighborhood concerns.
Public:
Seventeen members of the public spoke on this item at the Planning Commission
on May 13, 2002. Sixteen persons spoke in opposition to the increase in
occupancy. One person spoke in favor of the application. Additional members
of the neighborhood attended the meeting but did not speak because other
speakers had addressed their issues.
Staff:
To conform to Federal and State Fair Housing laws involving housing
opportunities for disabled people, decision-makers must take action based on
evidence and not beliefs. The appellant believes that six additional residents in
this house will compromise the safety of children in the neighborhood. He has
provided no evidence to support his belief. The appellant has the freedom to
make the assumption that since these residents have a criminal record they are
more or less likely to harm children than any other person. However, a denial
action by a decision-making body based on this belief would be discriminatory.
In order to deny the application, the City must find that the six additional
persons will constitute a direct threat to others or result in substantial physical
damage to the property of others.
Operation Without Permits
Support Systems Homes moved into the Glenview residence without permits in
January of 2002. This has significantly affected the neighborhood perception of
the operation, perhaps pe~cnanently. Staff believes this action was partially the
result of miscommunication between the City and the District Attorney's Office.
File No. U-2002-02, Support Systems Homes
{une 17, 2002
Page 4
In a letter dated March 18, 2002, a Deputy District Attorney stated that their
office requested copies of any ordinance or code that affect sober living
environments. Staff is not aware-if the City received or responded to the letter.
When staff contacted the District Attorney's Office in early 2002, they were not
aware of the City's regulations related to congregate residences, which apply to
this application.
The District Attorney directs operations such as Support Systems Homes to get
approvals from local municipalities where necessary. Not all City's in Santa
Clara County have codes that affect these living environments. Since the District
Attorney was not aware of the City's regulations, Support Systems Homes was
not made aware the City's regulations, and moved into the Glenview residence
without permits. Had the District Attorney been aware of the City's regulations,
Support System Homes would not have received certification until after they
received the necessary City approval.
Bathrooms
On May 7, 2002, the City's Senior Building Inspector inspected the residence for
conformance with applicable Building and Housing Codes. The building
conforms to the applicable codes, and staff is requesting that the City Council
remove the Condition #7 from Resolution No. 6132.
Parking condition
Condition #3 limits the number of residents with cars to seven (two in the
garage, three on the driveway and two on the street in front of the house). The
condition also states that on-site parking shall be used cars are parked on-street.
According to neighbors at the neighborhood meeting, the applicant is using the
on-street parking before using all of the on-site parking.
The intent of the condition was that all parking be on-site and that only when the
on-site parking is used can cars be parked on the street. With cars coming and
going from the residence, th/s will be a difficult condition to meet and to enforce.
However, the Planning Commission considered parking to be one of the main
neighborhood impacts from this application, and considered the condition
appropriate.
One-year review
The Planning Commission will review this application in one year. The one-year
review will be held approximately one-year from the final action date for this
application, which is the City Council hearing.
File No. U-2002-02, Support Systems Homes
lune 17, 2002
Enclosures:
Appeal Letter
Neighborhood Petition ~
Memorandum from City Attorney's Office
Planning Commission Staff Report dated 3/13/02 with attachments
Planning Commission Resolution No. 6132
Planning Commission Minutes
Prepared by: Peter Gilli, Associate Planner
Submitted by:
Steve P~a~ki -- -
Director of Community Development
Approved by:
David Knapp
City Manager
Page 5
g;/planning/pdrrport/cc/U-2002-01 CC Appeal~
TO:
FROM:
SU BJ ECT:
DATE:
CUPERTINO CITY COUNCIL
YUDONG SUN, 10580 GLENVIEW AVE, CUPERTINO
APPEAL TO APPROVAL OF APPLICATION #369-26-029 (SUPPORT SYSTEMS HOMES)
5/24/2002
Dear Cupertino City Officials,
Through thii letter, I'm appealing the Planning Commission's approval of application U-2002-02
APN 369-26-029: "Use permit to allow the six-bedroom residence at 10567 Glenview Ave to be used
as a congregate residence for up to 16 persons where 10 persons are allowed by right". J'm doing this
on behalf of residents in this neighborhood. This appeal is based on the following two points:
o
By granting the use pemait, the Planning Commission has knowingly violated and/dr
disregarded the Restrictive Covenants, Article gg, affecting this neighborhood,
because the use of the house with 16 people has constituted a nuisance to. this
,aeighborhood; the activity conducted is also commercial with counseling, etc., rather than
"sub-lea.sing". Please note that the Restrictive Covenants define the purpose of a
neighborhood and ensure it meets the long term expectation of home owne.rs buying into
this neighborhood. And Article ~9, like most other articles, is not in conflict'with City, State
or Federal code; it's simply more restrictive than the local code, and this is what covenants
are in genevA, in order to protect the interests of home owners investing in a place.
Therefore, there's no ground for the City cbde to override the covenants in this regard.
This is exactly the sanae principle: the City Code can be more restrictive than California
Code, and California Code more restrictive than Federal Law. As an example, the more
lenient federal law with reKard to vehicle emissio,as cannot override the-more stringent
California code. Similarly, it's perfectly le~timate for the Restrictive Covenants to restrict the
number of occupants, explicitly or implicitly.
The house is at a very special location (cf. attached map). Children from Davison Ave,
Ranapart Ave, E Estates Dr. and part of Glenview Ave walking to Eaton Elementary School,
which is about 3 minutes walk, all converge on Glenview and pass in front of the house in
question. The use of the house with 16 people, with people smoking at the front door,
cars pulling in/out, passenger dn~p-off/pick.u~ traffic (note: this is not a big family that
tends to move together; this is 16 independent adultsl), constitutes a direct threat to n~any
grammar school children in this neighborhood. This means, even if the City could
approv:fl such an application elsewhere, it doesn't mean it can approve it here, because of
this special location.
Attached: 1) Map of the neighborhood
_2) Exmtct of Restrict Covenants from "Declaration of Restrictions Affecting Tract 2155".
3) Signed neib4~borhood petition
Safety of Children Walkin9 to School vs. Residence in Question
~orUno
p ' 'J
0 yds ~.OO
2OO 3OO
r/
Extract of "Restrictive Covenants"from
'Dec/aration of Restrictions Affecting Tract 2155"
10. Mo ~tler, ~s~nt, ~nt, .~ck, ~, ~ or o~r ouZb~:'.~:n~' er~ed
~. ~7 ~t~ of ~ lot) ~ vblcb Lot I ~t
ao~ t~ t~le to vbLch lot ~bi~q~t~ ~s 'bees t~fe~
~t/eek pro~rty ~ne of e~h ~It4eut~l ~1~ plot ~eie t~ ~e do ~t ~e~
m
TO:
FROM:
SU BJ ECT:
DATE:
CUPERTINO CFI'Y, PLANNING COMMISSION
MAYOR. R. LOWENTHALM -
VICE MAYOR., M. CHANG
DIRECTOR OF COMMUNITY DEVELOPMENT, STEVE PIASECKI
RESIDENTS OF GLENVIEW/DAVISON/RAL{PART/E. E.S~ATES NEIGHBORHOOD
RE: PUBLIC HEARING ON APPLICATION #369-26-029
51712002
Dear Cupertino City Officials,
Through this letter, we'd like to let you know and go on the record with our objection to the
application U-2002-02 APN 369-26-029: "Use permit to allow the six-bedroom residence at 10567
Glenview Ave to be used as a congregate residence for up to 16 persons where 10 persons are
allowed by right".
Our arguments are as follows:
o
The house is at a very prominent location (cf. attached map). Children from Davison Ave,
Rampart Ave, E Estates Dr. and part of Glenview Ave walking to Eaton Elementary School,
which is about 3 minutes walk, all pass by the house in question.
As a consequence, the extra traffic, passenger drop-off/pick-up and cars parked on the street
entailed by the extra people, concentrated at this prominent location, constitutes a great
safety issue for the large number of children walking to and from Eaton School on a daily
basis.
o
We're as much concerned with the safety of our children walking to and from Eaton
pa.~sively coming into undue contact with tenants of this house, who frequently stay outside
of the house, likely due to the small living space relative to the large number of people.
We're equally concerned with problems of hygiene when so many people concentrate in
such a small living space, and the impact on the health of children passing-by and beyond.
We also believe the extra traffic ~md cars parked on the street alone caused by the large
number of tenants of this house constitutes an annoyance/nuisance in violation of the
Restrictive Covenants affectiog this neighborhood (cf. attached).
We hope you can join us in believing the safety of our neighborhood and children is of paramount
importance. Thank you.
Attached: 1) Map of the neighborhood
2) Picture of street and cars parked in front of the house in question.
3) Extract of Restrict Covenants from "Declaration of Restrictions Affecting Tract 2155".
Signed by Residents of the Gienview, Davison, Rampart and E Estates neighborhood
t
Name Signature Street Address
' _ ' ~ ~L~'~I
~ve,;~ -~-x ~_.'.,/
Re: public hearing on application #369-26-029
MEMORANDUM
To:
Peter Gilli, Associate Planner
From:
Eileen Murray, Assistant City Attorney
Date: May 29, 2002
Olenview Avenue Appeal
The appeal of the approval of the Support Systems Homes residence on Glenview
Avenue has been reviewed by this office. Our comments are as follows:
The appeal letter, dated May 24, 2002, sent by Yudong Sun, complains that the decision
of the Planning Commission has "violated and/or disregarded the Restrictive Covenants,
Article #9, affecting [the] neighborhood."
In 1993, the Legislature amended Government Code sections 12955 and 12955.6, which
are part of the California Fair Employment and Housing Act. Government Code section
12955 was amended to provide that it shall be unlawful "To discriminate through public
or private land use practices, decisions, and authorizations because of race, color,
religion, sex, familial status, marital status, disability, national origin, or ancestry.
Discrimination includes, but is not limited to, restrictive covenants, zoning laws ..... "
(Italics added.) Government Code section 12955.6 was amended to provide: "Any state
law that purports to require or permit any action that would be an unlawful practice under
this part shall to that extent be invalid."
In amending the Fair Employment and Housing Act, the Legislature declared: "It is the
Legislature's intent to make the following findings and declarations regarding unlawful
housing practices prohibited by this act: (a) That public and private land use practices,
decisions, and authorizations have restricted, in residentially zoned areas, the
establishment and operation of group housing .... (b)That persons with disabilities...are
significantly more likely than other persons to live with unrelated persons in group
housing. (c) That this act covers unlawfifl discriminatory restrictions against group
housing for these persons."
Two recent cases, Broadmoor San Clemente Homeowners Association v. Robert N.
Nelson (1994) and Jeffrey Hall et al. v. Butte Home Health, Inc. (1997) address the issue
of the application of restrictive covenants in regards to group homes. These cases found
that the intent of the Legislature in enacting the 1993 amendments to Government Code
section 12955 and 12955.6 was to bring California housing legislation into full
compliance with federal laws. Federal laws prohibit the enforcement of restrictive
covenants that have the effect of excluding group homes for the handicapped. The
amendments invalidated laws, including Health and Safety Code section 1569.87 which
permitted pre-1979 restrictive covenants.
The courts found that the effect of the presence of the group homes (in these cases, for
the elderly) on the neighboring property owners was de minimus. Moreover, there was a
compelling governmental interest in providing adequate ho_using for the disabled. Thus,
the right to adequate housing outweighed the interests of the property owners and the
group homes prevailed in both of these cases. The courts also determined that abrogating
the discriminatory restrictive covenants was not an unconstitutional impairment of a
contractual relationship.
Consequently, we can find no valid basis for the appellant's first argument.
The appellant's second argument, regarding the proximity of an elementary school to the
subject property, does not state any facts upon which the City could deny a use permit.
Legal activities such as "smoking at the front door" and "ears pulling in/out" can occur at
any residence in the neighborhood. To reduce any significant impact on the
neighborhood the City has limited the number of ears allowed at the residence and the
occupants have agreed.
CITY OF CUPERTINO
10300 Torte Avenue, Cuper~xo, California 95014[
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2002-02 Agenda Date: l[/Iay 13, 2002
Applicant:. Support Systems Homes (Jeffrey Janof0
Owner: Son H. Lee
Location: 10567 Glenview Avenue, APN 369-26-019
Application Summary:
Applicant is requesting a use petrrtit to allow a congregate residence with 16 occupants
where 10 occupants are allowed by right.
RECOMMENDATION:
Staff recommends that the Planning Commission take the following action:
1. Approve the use permit, file number U-2002-02, in accordance with the model
resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Lot Size:
Low Density Residential (1-5 du/gr, ac.)
R-1 Single-Family Residence
6,300 sq. ft.
Project Consistency with:
General Plan:
Zoning:
Yes
Conditional Use
Environmental Assessment:
Exempt
BACKGROUND:
The subject site contains an existing two-story residence with six bedrooms. The site is in
a residential neighborhood consisting of mostly single-story structures. The past use of
the residence was a residential care facility for developmentally disabled children.
In January of 2002, Support Systems Homes occupied the residence, referred to as
Glenview Manor, which was certified as a drug-free living environment by the County of
Santa Clara Office of the District Attorney for recovering drug addicts. Due to
miscommunication between the City and the District Attorney's (DA) Office, the District
Attorney was not aware that the City has regulations affecting drug-free living
environments, and did not direct Support Systems Homes to obtain permits with the
City. The DA's office is now aware of the City's regulations and will direct all
subsequent facilities to the City for permits (Exhibit C).
.....
Planning Comnuss~on ~tart ~¢port: U-2002-02
May 13, 2002
Support Systems Homes operates 21 similar facilities in the state, 19 of which are in the
County of Santa Clara. Most of the homes in this County are located in the City of San
Jose.
On January 25, 2002, the residence at 10575 Glenview Av~enue was burglarized. During
their investigation, the Sheriff discovered that 10567 Glenview Avenue was a drug-free
living environment. The Sheriff found no connection between the burglary and
Glenview Manor, and no such connection is implied in this report. The discovery was of
great concern to some neighbors, who distributed a flyer notifying the general
neighborhood of Glenview Manor (Exhibit D). On January 28, 2002, a neighboring
resident filed a complaint with the City's Code Enforcement Department. City staff has
been in contact with the applicant through their attorney since February 4, 2002. The
applicant has been preparing their use permit application since that time.
Federal and State regulations play a major role in the accommodation of drug-free living
environments. The following statements are the most relevant sections of law affecting
this application:
· Drug addiction is a disability protected from discrimination by the Americans
with Disabilities Act (DO], Office of the Attorney General).
· Accommodations are not required if the individual poses a direct threat to others
(DO], Office of Attorney General).
· The only cases in which the Supreme Court have ruled there is a direct threat
involve transmission of HIV in medical and care situations (School Board of Nassau
County v. Arline, 480 U.S. 273 (1987) and Bragdon v. Abbott, 524 U.S. 624 (1998)).
· Discrimination includes refusal to make reasonable accommodations to rules and
policies when necessary to afford a disabled person equal opportunity to use and
enjoy a dwelling (H&SC Section 12927).
· Proposition 36 diverts non-violent drug offenders to community-based programs
instead of jail-time.
· The Federal Fair Housing Act preempts restrictive subdivision covenants such as
those cited in Exhibit D.
These Federal and State Laws limit a local jurisdiction's discretion in cases of housing
accommodations for persons with disabilities.
DISCUSSION:
Support Systems Homes, represented by attorney Jeffrey Janoff, requests a conditional
use permit at 10567 Glenview Avenue to allow a congregate residence with 16 residents
where 10 residents are allowed by right. Specifically, the congregate residence is a drug-
free living environment, but the discussion before the Planning Commission is not
whether to approve or deny a drug-free living environment, instead it is whether the
congregate residence should be allowed to have six additional residents.
Originally, staff believed the residence was a residential care facility. However, the
facility does not provide treatment, counseling or detoxification services. The District
Planning Commission StaffK~port:. U-2002-02
May 13, 2002
Attorney's Office confirmed that the facility does not meet the state law definition of a
drug abuse recovery or treatment facility.
The Municipal Code contains regulations for congregate_residences, which apply to
Glenview Manor. A congregate residence is a residence occupied primarily by adults
who share the responsibilities for the maintenance of the house. The definition includes
a reference to "nontransient occupancy,' but there is no definition of "transient" in the
Municipal Code. Residents at Glenview Manor may stay anywhere from 90 days to
several years. They estimate the average stay is six months. Staff continues to categorize
the facility as a congregate residence since there is not a superior alternative, and there is
not a standard time period that makes a person "transient" or "non-transient.'
Ci~_ Council Action (1995)
The Cupertino City Council enacted Ordinance No. 1688 (Exhibit A) in 1995, to provide a
reasonable accommodation to the standard zoning regulations and permit procedures of
the City. The City Council found that the Planning Commission, in making findings to
grant or deny a use permit request for a residential care facility or congregate residence,
must use the following guideline:
"The application for a use permit shall be granted so long as the enumerated requirements
are met unless the director or the planning commission finds, based upon individualized
inquiry and evidence, that the proposed occupancy would constitute a direct threat to the
health of other individuals or would result in substantial physical damage to the property
o/others."
For congregate residences, the "enumerated requirements" include at least 75 sq. ft. of rear
yard area per occupant and the Housing Code's limitations on persons per bedroom, as
well as a requirement that the facility not be within 1,000 feet of a similarly used
residence. The Glenview Manor conforms to these "enumerated requirements.'
Comparison of City Council Guideline with Use Permit Findings
The standard use permit finding is that the proposed use at the proposed location will
not be detrimental or injurious to property or improvements in the vicinity and will not
be detrimental or the public health, safety, general welfare, or convenience.
The reference to "direct threat" in Ordinance No. 1688 is comparable to that of the
Americans with Disabilities Act. Finding that a project constitutes a direct threat to
individuals is a higher threshold than finding a project to be detrimental to the health,
safety or welfare of others. Staff does not believe a neighbor's insecurity or fear
constitutes a direct threat.
Similarly, "substantial physical damage" is a higher threshold to meet. It will be more
difficult to prove substantial physical damage to property than. to prove a project will be
detrimental to neighboring property. Staff does not believe loss of property value by
neighboring owners is substantial physical damage.
Plarming Commission Staff'~port: U-2002-02
May 13, 2002
In addition, the "direct threat" and the "substantial physical damage" must be as a result of
the number of residents over ten persons, since a congregate residence with ten residents
are allowed by right. _
The City Council enacted Ordinance No. 1688 as a response to the Federal and State
Laws associated with housing accommodations for disabled persons. The City Council
guideline purposefully makes it difficult to deny a use permit to protect the City from
discrimination lawsuits, knowing that there often be strong neighborhood resistance to
such facilities.
Occupancy_ Load
The Housing Code has minimum requirements for occupancy of bedrooms. A 70 square
foot bedroom may have two occupants. An additional 50 square feet of area is required
for every additional occupant. Thus, a 170 square foot bedroom could have four
occupants. The proposed residence has sufficient area for 18 residents.
Conformance with Zoning, Building and Fire Codes
The applicant allowed representatives from the Community Development Department
and the County Fire Department to inspect the residence on May 7, 2002. The inspection
focused on conformance with applicable Zoning, Building and Fire Codes.
Zoning
The Cupertino Municipal Code requires a congregate residence with more than 10
residents to have 75 square feet of rear yard area for each resident and requires that there
not be another similar facility within 1,000 feet of the subject site.
Staff estimates the usable rear yard area is 1~300 to 1,400 square feet, which would allow
17 to 18 residents. A precise calculation was not done since the application requests 16
residents. 1,200 square feet of rear yard area is required for 16 residents.
According to the District Attorney's Office, there are only two such facilities operating in
the City of Cupertino. The second facility is about one mile away. Staff has no
knowledge of a similar facility within 1,000 feet of the property.
The application meets the rear yard and proximity requirements for a congregate
residence with more than 10 residents.
Two zoning inconsistencies were identified on the subject site. The resident manager
agreed to address each item.
1. Garage: Couches and a television were in the garage to provide a "smoking
room" for the residents. The resident manager intended to provide an indoor
location for residents to smoke without having smokers in the rear yard, which
would affect neighbors. There were not structural alternations to the garage that
would prevent it from being used to park cars. Once the resident manager was
Planning Commission Staff K~port: U-2002-02
May 13, 2002
informed that the garage area must be free and clear to allow for the parking of
two cars in the garage, he committed to correct the situation.
Shed in Rear Yard: A storage shed is located too close to the property line and the
residence. The shed predates Support Systems Homes' occupation of the
residence. There is sufficient room in the rear yard to relocate the shed in a
location that complies with the Municipal Code, and maintains the required rear
yard area for congregate residences.
Staff recommends providing the applicant with thirty calendar days to correct the
situation, starting from the date of the last public hearing for this use permit. In the event
that the Planning Commission decision is appealed, the thirty calendar days should not
begin until after the appeal is acted on.
Building and Fire Codes
Based on the California Building Code, the Glenview Manor is an R-6.2 occupancy. The
R-6.2 codes are under the jurisdiction of the State Fire Marshal. The City's Chief Building
Official has no authority over the enforcement these codes, but is working with the
County Fire Department. A condition of approval in the model resolution requires the
applicant to receive written approval from the County Fire Department certifying that
the residence conforms to applicable Building and Fire Codes.
Neighborhood Impacts
The review of neighborhood impacts focuses on the impacts the six additional residents
would generate. Staff has identified the following potential neighborhood issues related
to this application: parking, noise and crime.
Parking
Staff believes that limiting the number of cars parked on- and off-site is essential to
ensuring that the residence appears to be used as a standard residence. The worse case
scenario is that each resident would drive, resulting in sixteen cars parked on- and off-
site.
Support Systems Homes limits the number of residents with cars to seven. Potential
residents who intend to drive are not allowed to occupy a residence that is already has its
maximum allotment of cars.
The subject site can accommodate up to five parking spaces on-site, with two in the
garage, and three on the driveway. Two cars can be parked on the street in front of the
property without directly affecting neighboring sites.
Table 19.100.030 (A)(1)(a) of the Cupertino Municipal Code allows four vehicles to be
parked on the subject site, but allows additional on-site parking if approved through
development review.
Planning Commission Staff~'~>ort: U-2002-02
May 13, 2002
Staff considers the applicant's limitation on residents who drive as appropriate for the
site, and has added a condition to the model resolution limiting the number of occupants
with vehicles (including staff) to seven. The applicant is agreeable to this condition, since
it reflects their current policy. _
Noise
The City's Noise Ordinance provides neighborhood protection from noise, on a
complaint basis.
The Glenview Manor has operational rules and two resident managers. A sign is posted
in the rear yard stating "Control Your Noise Level." Operational rules include set
curfews and "lights-out" times. A board is posted near front entrance providing contact
information for neighbors who have noise complaints.
The City's Code Enforcement Department has not received noise complaints from any
neighbor since Support Systems Homes began occupying the residence (Exhibit H). On
May 9, 2002, the Planning Department received letters from neighbors describing
occurrences of loud noises at the site (Exhibit E & F).
Neighbor complaints of excessive noise are relatively common in the City, including, but
not limited to, music, arguments, children, animals and home-maintenance work. In
order to enforce the Noise Ordinance, these incidents must be immediately reported to
Code Enforcement so sound levels can be meagured and appropriate action taken.
Otherwise the City cannot cite or take action against offenders.
Staff has no evidence that allowing six additional residents will result in significantly
more noise than ten residents. Ten noisier residents could occupy the house without a
permit and be louder than sixteen quiet residents. It is reasonable to believe that more
residents would increase the probability of higher noise levels, since there is more of a
chance that some of the residents will be noisy, but it is entirely dependent on the specific
personalities.
Staff does not recommend any condition concerning noise, since the Noise Ordinance
already provides a means for addressing noise complaints. Staff does recommend that if
the use permit is approved, that there be a one-year review hearing to review the impacts
of the facility, including noise impacts. If evidence of a pattern of noise violations is
provided at the review hearing, the Planning Commission can reanalyze this application.
Cr/me
Shortly after the Glenview Manor operation began in January 2002, a neighboring
residence was burglarized. Based on data from the Sheriff's Department, this burglary
does not represent an increase or concentration of crimes in the area (See Exhibit G).
Also, there has been no evidence provided by any party that shows that six additional
residents will cause an increase in neighborhood crime.
Planning Commission Staff l~porl: U-2002-02
May 13, 2002
Neighborhood Meeting
The applicant indicated that a meeting was set up for the neighborhood on March 24,
2002. Representatives from the District Attorney's Office, Support Systems Homes and
residents of the facility were to be present at the meeting to discuss the program and
answer any questions from the neighbors. The neighborhood did not attend the meeting.
If the use permit is approved, staff requests that Support Systems Homes set up another
meeting with the neighborhood.
F. ees
The applicant believes that the fees charged for the requested permit are not fair or legal
under California Fair Housing Law. Questions about the legality of the fees are the issue
of the courts, but the issue of fairness can be addressed by the City Council, who is the
only body that can reduce or waive fees for permits.
Section 19.28.040 of the Cupertino Municipal Code lists the conditional uses in the R-1
zoning district. The section is divided into conditional use permits that the Director of
Community Development issues and those that the Planning Commission must issue. In
the case of a congregate residence with more than 10 residents, the Planning Commission
must issue the permit.
The associated fees are listed in Table 1, with the subject application bolded.
Table 1
Sample of Application Types and Fees
Decision-making Noticing Other
Application Type Body Fee Deposit Deposits Review
Conditional Use Director of Comm. Change of use issues or home occupations
Permit Dev. $199 $200 NA beyond those specifically permitted
Complicated regulations and guidelines:
Residential Design Design Review aesthetics, site and building design,
Review Commitme $561 $200 $1,000 landscaping, compatibility
Planning Applies to removal of specimen or
Tree Removal Commission $199 $200 NA .. protected trees
Planning
Hillside Exception Commission $1.336 $200 $2,000 Geolo~, visibility, environmental review
Exempt from CEQA, review can involve
Conditional Use Planning case by aesthetics, architecture, landscaping,
Permit Commission $1,403 $400 case compatibility and site design
Full environmental review, often
Conditional Use Planning case by aesthetics, architecture, compatibility,
Permit Commission $1A59 $400 case landsca?in~ and site desil~n
Full environmental review, often
Conditional Use case by aesthetics, architecture, compatibility,
Permit [City Council $2,079 $400 case landscaping and site design
Planning Commission Staff I~eport: U-2002-02 ..... May 13, 2002
If the Commission considers the applicant's fee dispute to be valid, the Comr~sion can
approve a minute order to direct the issue to the City Council for review.
CONCLUSION
Based on the City Council guidelines in Ordinance No.. ~688, staff recommends approval
of the application subject to the model resolution for the following reasons: · Congregate residences with ten residents are allowed by right.
· The application meets the criteria necessary to allow a congregate residence to
have more than ten residents.
· The applicant is agreeable to a condition limiting the number of cars allowed at
the site to seven, protecting neighboring properties from spillover parking in front
of their houses.
· There is no evidence that six additional residents in this house will increase crime
in the neighborhood.
· There is no evidence that allowing six additional residents in this house will result
in substantial noise impacts that would violate the Cupertino Municipal Code, but
there is concern that the potential for noise is increased with a higher occupancy.
· There is no evidence that allowing six additional residents in this house will pose
a direct threat to the health of neighbors, since the County District Attorney's
Office does background checks on each resident to verify they do not have a
history of violent crimes;
· There is no evidence that allowing six additional residents in this house will result
in substantial physical damage to the property of others.
The applicant must do the following in order to conform to City Codes within thirty days
of the final approval of this use permit (conditions in the model resolution): · Clear the garage and make it available for car parking.
· Relocate the storage shed to conform to accessory structure setbacks.
· Address issues raised by the County Fire Department related to Building and Fire
Codes.
Enclosures:
Model Resolution
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Ordinance No. 1688
Letter from Jeffrey Janoff and Support Systems Homes
Letter from the District Attorney's Office
Neighborhood Flyer and Declaration of Restrictions for Tract 2155
Letter from Karen Garza
Letter from Netke, Johansen, Garza
Letter from the County Sheriff's Department
Letter from the Code Enforcement Department
Submitted by: Peter Gilli, Associate Planner
Approved by: Steve Piasecki, Director of Community Developmen~
g : /planning/pdreport/pc Usereporta~. 2 OO 2.0 2.doc
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A CONGREGATE RESIDENCE WITH 16 RF-qIDENT$.
U-2002-02
SECTION I: PROTECT DESCRIPTION
Application No(s):
Applicant:
Location:
U-2002-02
Support Systems Homes (Jeffrey Janoff)
10567 Glenview Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements in accordance with Ordinance No. 1688 and the
Cupertino Municipal Code:
1. The propOsed use is a conditional use in the R-1 Single-Family Zoning District;
2. The proposed use is consistent with the Cupertino General Plan;
3. Congregate residences with ten residents are allowed by right;
4. The application meets the criteria necessary to allow a congregate residence to have
more than ten residents;
5. The facility will limit the number of residents who drive in order to protect
neighboring properties from spillover parking in front of their houses;
6. There is no evidence that allowing six additional residents in this house will increase
crime in the neighborhood;
7. There is no evidence that allowing six additional residents in this house will result in
substantial noise impacts that would violate the Cupertino Municipal Code, but there
is concern that the potential for noise is increased with a higher occupancy;
8. There is no evidence that allowing six additional residents in this house will pose a
direct threat to the health of neighbors, since the County District Attorney's Office
does background checks on each resident to verify they do not have a history of
violent crimes;
Model Resolution
Page 2
~ U-2002-02 '~ May 13, 2002
There is no evidence that allowing six additional residents in this house will result in
substantial physical damage to the property of others.
NOW, THEREFORE, BE IT RF_E~LVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby approved, subject to the
conditions which are enumerated in this Resolution begirming on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2002-02,
as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEFF.
APPROVED PROJECT
This approval allows a congregate residence at the subject site for
residents. Residents shall include all persons who sleep in the residence.
up to sixteen
ONE YEAR REVIEW
The use permit will be reviewed in May of 2003 to determine if the occupancy load does
significantly impact the neighborhood, including, but not limited to parking and noise
impacts.
RESIDENTS WITH CARS
The applicant shall limit the number of residents with cars at the subject site to seven,
including staff. On-site parking shall be used before residents park on-street.
GARAGE USE
The garage must be made free and clear to allow two vehicles to park within thirty
calendar days of final use pe~,fit approval, subject to approval by the Director of
Community Development.
ACCESSORY STRUCTURE
The storage shed in the rear yard must be brought into conformance with the setback
requirements in Chapter 19.80 of the Cupertino Municipal Code within thirty calendar
days of final use permit approval, subject to approval by the Director of Community
Development.
COUNTY FIRE APPROVAL
The applicant must receive written confirmation from the County of Santa Clara Fire
Marshal that the residence conforms to R-6-2 occupancy building codes in the California
Model Resolution U-2002-02 ~" May 13, 2002
Page 3
Building Code. Issues identified by the County Fire Depa~ i~nent must be addressed to
the satisfaction o{ the Fire Marshal within thirty calendar days of notification.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions' constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby' forther notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
PASSED AND ADOPTED this 13th day of May 2002, at a Regular MeetSng of the Planning
Commission of the City of Cupertino, State of Cali/omia, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Charles Corr, Chairman
Planning Commission
g'/planmng/pdreport~s/U-2002-02 res.doc
EXHIBIT A
ORDINANCE NO. 1688
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING VARIOUS CHAPTERS TO TITLE 19, ZONING OF THE
CUPERTINO MUNICIPAL CODE REGULATION REGARDING RESIDENTIAL
CARE AND CONGREGATE RESIDENCES
SECTION I - FINDINGS AND PURPOSE: The city council finds that residential care
facilities provide a cost-effective, humane and non-institutional environment for elderly
persons suffering from chronic illnesses, persons suffering from mental or physical
impairments, and persons recovering from drug and/or alcohol addiction. The city
council also finds that the public health, safety and welfare of all residents of the city is
best served when such facilities are licensed by the California Department of Social
Service, the California Department of Alcohol and Drug Programs, or other appropriate
agency or department to the state of California or the county of Santa Clara, to ensure
compliance with applicable regulations and standards designed to promote and maintain
successful programs, but that in fact not all such facilities are so licensed.
The city council further finds that it is in the best interests of the public health,
safety and welfare to preserve and protect the integrity of residential neighborhoods, in
accordance with the goals and policies in the general plan. The city council finds that it is
in the best interests of the public health, safety and welfare to preserve and protect the
integrity of residential neighborhoods, in accordance with the goals and policies of the
general plan. The city council finds that over-concentration of residential care facilities
and congregate residences could impair the integrity of residential neighborhoods. The
purpose of this chapter is to provide reasonable accommodations for the needs of persons
with disabilities seeking a humane and non-institutional environment, while at the same
time ensuring necessary safeguards to protect the integrity of residential neighborhoods.
In keeping with the intent of this chapter to provide a reasonable accommodation
for the needs of persons with disabilities to obtain housing, while at the same time
fulfilling its obligation to protect the integrity of the residential character of the
neighborhood districts, the city council finds that the following guidelines shall be used
by the director of community development and the planning commission in making
f'mdings in granting or denying a use permit request.
(a) The application for a use permit shall be granted so long as the enumerated
requirements are met unless the director or the planning commission finds, based upon
individualized inquiry and evidence, that the proposed occupancy would constitute a
direct threat to the health of other individuals or would result in substantial physical
damage to the property of others.
Co) Conditions may be imposed if demonstrated to be warranted by the unique and
specific aspects of a particular situation.
Page 2
SECTION II - USE REGULATIONS: In any zoning district where residential uses are
permitted, a residential care facility or a congregate residence may be permitted. All
residential care facilities and congregate residences shall be subject to all zoning,
subdivision, housing and building regulations and codes applicable to that district, in
addition to any building or housing regulations and codes expressly applicable to
residential care facilities or congregate residences, particularly building and fire safety
requirements. Nothing in those regulations and codes shall be construed to prohibit
residential care facilities or congregate residences in any low and low-medium density
(A, A-I, R-I and R.-2) zoning district. No privately created covenant, equitable servitude
or other contract or agreement shall be used as the basis of denial of permission to operate
a facility or residence otherwise in compliance with this chapter.
SECTION III: The City Council of the City of Cupertino does hereby ordain that the
following Chapters are amended as follows:
Chapter 19.08: Definitions
Residential care facility" means a building or portion thereof designed or used for
the purpose of providing twenty-four-hour-a-day non-musical residential living
accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange
for payment of money or other consideration, where the duration of tenancy is
determined, in whole or in part, by the individual resident's participation in group or
individual activities such as counseling, recovery planning, medical or therapeutic
assistance. Residential care facility includes, but is not limited to, health facilities as
detrmed in California Health and Safety Code (H&SC) Section 1250 et seq., community
care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly
(H&SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment
facilities (II&SC Section 11384.11), and other similar care facilities.
"Congregate residence" means any building or portion thereof which
contains facilities for living, sleeping and sanitation, as required pursuant to the Uniform
Building, Housing and Fire Codes and may include facilities for eating and cooking for
non-transient occupancy primarily by persons eighteen years old and older, in which the
responsibilities for rent, housekeeping, cooking and other household maintenance chores
are shared among the occupants.
"Transient" means any individual who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other agreement for
a period of thirty consecutive calendar days or less, counting portions of calendar days as
full days, and including any individual who actual physically occupies the premises, by
permission of any other person entitled to occupancy.
Page 3
Chapter 19.16 - Agricultural (A) Zones
19.16.030 Permitted uses.
L Residential care facility that is licensed by the appropriate State, County agency or
department with six or less residents, not including the provider, provider family or staff.
J. Congregate residence with ten or less residents.
19.16.040 Conditional uses
B. Issued by the Planning Commission:.
3. Residential cate facility that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
4. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 ff. from the property boundary of another residential care
facility.
5. Residential care facility that is not required to obtain a license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff, is a minimum distance of 500 feet from the property boundary of
another residential care facility.
6. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
Chapter 19.20 Agricultural-Residential (A-l) Zones
19.20.030 Permitted uses.
J. Residential care facility that is licensed by the appropriate State, County agency or
department with not more than six residents, not including the provider, provider family
or staff.
K. Congregate residence with ten or less residents.
Page 4
19.20.040 Conditional uses
B. Issued by the Planning Commission:
I 0. Residential care facility that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
11. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 ft. from the property boundary of another residential care
facility.
12. Residential care facility that is not required to obtain a license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff, is a minimum distance of 500 feet from the property boundary of
another residential care facility.
13. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet from the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
19.28 Single-family Residential (R-l) Zones
19.28.030 Permitted uses.
F. Residential care hom~s facility that is licensed by the appropriate State, County
agency or department with six or less residents, not including the provider, provider
family or staff.
K. Congregate residence with ten or less residents.
19.28.040 Conditional uses
B. Issued by the Planning Commission:
3. Residential care facility that is not required to obtain a license by the State, County
agency or department and has six.or less residents, not including the provider, provider
family or staff.
4. Residential care facility that has the appropriate State, County agency or department
license and seven or greater residents, not including the provider, provider family or staff,
is a minimum distance of 500 feet from the property boundary of another residential care
facility.
Page 5
5. Residential care facility that is not required to obtain a_license by the State, County
agency or department and has seven or greater residents, not including the provider,
provider family or staff, is a minimum distance of 500 feet from the property boundary of
another residential care facility.
6. Congregate Residence with eleven or more residents which is a miniroum distance of
1,000 feet fi:om the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
19.28.060
19,32
Site development regulations, renumber remaining chapter within section.
~"'~ ~'~ .... ' ' £':'5'
Residential Duplex (R-2) Zones
19.32.030 Pemitted uses
H. Residential care facility with six or less residents not including the provider, provider
family or staff, in each unit, that has a license from the appropriate State, County agency
or department.
I. Congregate Residence with ten or less residents, in each unit.
B. Issued by the Planning Commission
2. Residential care facility, in each unit, that is not required to obtain a license by the
State, County agency or department and has six or less residents, not including the
provider, provider family or staff.
3. Residential care facility, in each unit, that has the appropriate State, County agency or
deparunent license and has seven or greater residents, not including the provider, provider
family or staff, is a minimum distance of 500 feet fi:om the property boundary of another
residential care facility.
4. Residential care facility, in each unit, that is not required to obtain a permit fi:om the
State, County agency or department license and has seven or greater residents, not
including the provider, provider family or staff, is a minimum distance of 500 feet fi:om
the property boundary of another residential care facility and has a minimum of 75 square
feet of usable rear yard area per occupant.
5. Congregate Residence with eleven or more residents which is a minimum distance of
1,000 feet fi:om the boundary of another congregate residence and has a minimum of 75
square feet of usable rear yard area per occupant.
Page 6
Chapter 19.36 Multiple-Family Residential (R-3) Zones
19.36.030 Permitted Uses
G. Residential care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or
department.
H. Congregate residence with ten or less residents.
B. Issued by the Planning Commission
2. Residential care facility, that is not required to obtain a license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
3. Residential care facility, that has the appropriate State, County agency or department
license and has seven or greater residents, not including the provider, provider family or
staff, iS a minimum distance of 500 feet from the property boundary of another residential
care facility.
4. Residential care facility, that is not required to obtain a permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff, is a minimum distance of 500 feet from the property
boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
Chapter 19.36 Residential Hillside (RI-IS) Zones
19.40.030 Permitted Uses
F. Residential care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or
department.
H. Congregate residence with ten or less residents.
Page ?
B. Issued by the Planning Commission
2. Residential care facility, that is nOt required to obtain ~-license by the State, County
agency or department and has six or less residents, not including the provider, provider
family or staff.
3. Residential care facility, that has the appropriate State, County agency or department
license and has seven or greater residents, not including the provider, provider family or
staff, is a minimum distallce of 500 feet from the property boundary of another residential
care facility.
4. Residential care facility, that is not required to obtain a permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff, is a minimum distance of 500 feet f~m the property
boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
Chapter 19.44 Residential Single=Family Clnster (R1C) Zones
19.44.040 Permitted Uses
-.F. Res~denual care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or
department.
H.~Congregate residence with ten or less residents.
19.44.050 Conditional use permit
A. Issued by the Planning Director
B. Issued by the Planning Commission
· 2. Residential care facility, that is not required to obtain a license by the State, County
agency or depamnent and has six or less residents, not including the provider, provider
family or staff. '
3. Residential care facility, that has the appropriate State, County agency or departmem
license and has seven or greater residents, not including the provider, provider family or
staff, is a minimum distance of 500 feet from the property boundary of another residential
care facility.
Page 8
41' Residential care facility, that is not required to obtain~ permit from the State, County
agency or department license and has seven or greater residents, not including the
provider, provider family or staff, is a minimum distance of 500 feet from the property
.boundary of another residential care facility and has a minimum of 75 square feet of
usable rear yard area per occupant.
5. Congregate residence with eleven or more residents, is a minimum of 1,000 feet from
the boundary of another congregate residence and has a minimum of 75 square feet of
usable rear yard area per occupant.
19.64 QUASI PUBLIC BUILDING (BQ)
19.64.050 Conditional Uses in a BQ zone.
C. Child care facility, residential care facilities, congregate residence, hospitals ....
19.100 OFF-STREET PARKENG REGULATIONS
19.100.020 Application of regulations.
· ..The standards and regulations contained in this chapter regulate off-street parking for
conventional zoning districts and are intended also as guidelines for development projects
located in planned development (PD) zones and at congregate residences and residential
care facilities. '-
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
~is 5th day of June , 1995, and ENACTED at a regular meeting of the City
:uncil of the City of Cupertino this 19th day of__.~..~Ix~, 1995, by the following
vote:
Vote
Members of the City_ Council
AYES:' Bautista, Sorensen,
NOES: None
ABSENT: Koppel, Dean
ABSTAIN: None
Burnett
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/~ Don Burnett
Vice Mayor, City of Cuper6no
EXHIBIT B
JEFFREY D. JANOFF
ROBERT BUP.2q S BOSTWICK (OF COUNSEL)
EVEREIT P. ROWE (RE11RED)
LAW OFFICES ~'
BosTw o<
A PROFESSIONAL CORPORATION
CORNER ST. lOl'~ & ldARKET
SAN JO~, CA 95113
TELEPHONE ( 4089 am- 2300
FAC. SIMILE (40S9 286.2203
PLF_.A3E REPLY TO SAN JOSE
April 9, 2OO2
Peter Gilli,
Associate Planner
City of Cupertino,
Community Development Department
10300 Torre Avenue
Cupertino, California 95014
RE: 10567 Glenview Ave/Support Systems Homes
DearMr. Gilli:
100 SPF. AR STREET, # 700
SAN FRANCISCO, CA 94105
TELEI~IOI~E (415) 777-1666
FACSIMILE (415') 896-1421
~DJ~osrWlCK~dJANOI~.~m
/T CEIVED
PR 1 2 2002
Enclosed please find my client's answers to your March 8, 2002 letter. In addition
I am enclosing the following:
1. A list of available bus routes fi'om the Glenview Manor.
2. A floor plan of the first floor.
3. A floor plan of the second floor.
4. A diagram of the fi'ont portion of the property.
5. A diagram of the rear portion of the property.
6. A diagram of the immediate neighborhood.
I am also enclosing the application form along with a check in the amount
$1,403.00 for the application fee and a check in the amount of $400.00 to cover the
mailing costs. We are also requesting that these fees be eventually reimbursed to my client.
We do not believe that the California's Fair Housing Law allows for the payment &such a
fee for unrelated individuals with a disability to live together. I am in the process of getting
the property owner's signature on the application form. I will forward the signed copy
when I receive it. I do not want to hold up the processing of the application.
Please put this matter on the agenda for the next public hearing. Please advise me
as to when the hearing will be. If you have any questions please feel free to call me.
Enclosure
cc: Client via fax 408-370-3487
'/~os'rwic~: ,~ ~A~O~
A Professional Corpora?~on
March 20, 2002
Peter Gilli, Associate Planner
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, California 95014
Support Systems Homes, Inc.
1 West Campbell Avenue, Suite B-27. Campbell, CA 95008
800.811.1800. 408.370.9688. 408.370.:~487 FAX. www.$upportsystemshomes.com
CEIVED ,
PR 1 200 /
J
Dear Mr. Oilli,
This letter is in response to your letter dated March 8, 2002. The following is the information you
requested on 10567 Glenview Avenue, Cupertino:
Ao
Bo
Support Systems Homes was incorporated in March of 1991 by Andres Lujan and Robert Norton
both Executive Directors.
Mr. Lujan is a 15-year career retired Deputy Sheriff. Mr. Lujan has worked in the enforcement
side of substance abuse and in the treatment of substance abuse for twenty-eight years. He
provides treatment and sober living environments both in the private and public sector. Both
directors were instrumental in the international certification of their residential treatment
programs in Santa Clara County. Mr. Lujan networks with many HMO's, PPO's, tmion trusts,
employer groups and the criminal justice system, in providing state of the an continuum of care
for its referral sources and community. Mr. Lujan is well known and respected in the substance
abuse professional community.
Mr. Norton has been in business for 27 years, sixteen of which have been directly involved in
substance abuse and recovery services. He has networked all of Support Systems Homes'
outreaches to successful implementation.
Both men are married and have children.
Our residents are men over 18 years of age, some of who have been allowed to continue their
supportive living by the justice system process. These men have either been convicted or pled
guilty of non-violent alcohol or drug charges. These residents all receive a background check by
the Santa Clara County District Attorney's office. Some residents have no charges and are here
voluntarily for their recovery. Each residence has a live-in house manager and assistant. These
managers receive monthly trainings, which accounts for Support Systems Homes' success and
reputation over the past eleven years.
Based on the State of California requirements of (2) persons to the first 70 square feet and (1)
person for each additional 50 square feet and the City of Cupertino's backyard footage, this
residence can serve at least 18 residents. We are requesting our current capacity of sixteen
residents, fourteen residents and two managers.
At Support Systems Homes, we have residents who may stay 90 days, and as long as several
years. Our average stay is six months.
RECOVERY THROUGH SUPPORT
Support Systems Homes, Inc.
1 West Campbell Avenue, Suite B-27. Campbell, CA 95008
800.811,1800. 408.3?0.9688. 408.~70,3487 FAX. www. supportsystemshomes.com
Fo
Ko
Our residents must show proof of employment, school attendance or community volunteer
service as a condition of residency.
Any resident who drives must show staff copies of current driver's license, vehicle registration
and insurance. Our main office monitors the number of vehicles allowed at a given location.
Glenview has a maximum of 7 cars allowed to park on or near the house. Five vehicles are
allowed onsite and two at the comer strip across the street on the side border of the comer lots,
Support Systems Homes has curfews and good neighbor policies. We enforce house rules as in
any other familial home. All residents must be clean and sober. All residents agree to random
urinalysis to monitor compliance to livinp alcohol and dine free. Our house managers enforce
the family house rules. We also have Health & Hygiene inspectors who do unannounced house
inspections.
Several residents carpool. Several residents walk to the bus stop located at Stevens Creek Blvd_
and Miller Ave.
Eleven residents currently sleep upstairs. There is an additional stairway in place for evacuation.
All residents share household chores and family responsibilities including cooking, either
together or individually as in any family living environment. Grocery shopping is done by the
house manager and residents on a rotating basis. They shop for the entire house, which means
fewer trips to and from the store.
For the last eleven years our sober living homes have helped many of our community's families
to re-integrate into healthy productive citizens. Our residents all have a commonality. They are
afflicted with the disease of alcoholism/addiction. This is the exemption the Federal Fair
Housing Act affords us. Due to this familial exemption, we arc considered, and should be
treated just as any family on our street. We will volunteer to follow the Cupertino City CUP
process in hopes of it being user friendly and non-intrusive of our residents' rights under the
Federal Fair Housing Act.
We arc proactive and do community outreach. We are available to do awareness education to
our local PTA's and schools in hopes of preventing substance abuse.
We post a complaint number at our front window to thc Santa Clara County District Attorney's
office and invite any neighbors interested in visiting our home for a group tour by calling our
office at (408) 370-9688.
Sincerely,
/~'~Lrt I. Norton
Executive Director
EXHIBIT C
County of Santa Clar,
Office of the District Attomey
county Government Center. West wing
70 West Hedding Street
San Jose. Califomia 951 I 0
(408) 299-7400
www.santaclara-da.org
George W. Kennedy
District Attorney
March 18, 2002
Re: Certified gober Living Environment Homes h Santa Clara County
Dear Mr. Gilli:
This is in response to your request for a list of the homes currently located in Cupertino
that have been certified under the Santa Clara County Certification Guidelines for Adult
Drag and Alcohol Residential Facilities, a copy of which I have e-mailed to you.
Currently, there are two homes certified by our office, once which is located at 10567
Glenview Avenue (Support Systems), and the second is located at 10164 Empire Avenue
(New Life Support).
District Attorney George Kennedy sent a letter to every municipality located in Santa
Clara County advising of Proposition 36 and the potential impact on neighborhoods the
demand for sober living environment housing might cause. He asked for each
municipality to send to me a copy of what codes or municipal ordinances might control
sober living environment homes.
A representative fi.om this office would be happy to meet with you, the planning
department or city council members to discuss these issues further, if you so desire. I
will be changing assignments effective March 25, but my replacement, Tina Nunes-Ober,
may be reached at (408) 792-2598.
Please do not hesitate to let us know if you need further information about sober living
environment homes, Proposition 36, or the Certification Guidelines.
Sincere, ly,
ylva
Deputy District Attorney
EXHIBIT D
IMPORTANT
NEIGHBORHOOD
INFORMATION
January 26, 2002
A Drug Rehabilitation Center in Your Neighborhood
A burglary was committed yesterday January 25, 2002 between the hours 6pm and 9pm at
10575 Glenview Ave right at the intersection with Davison Ave. So far, police have determined
that the house next door at 10567 Glenv/ew Ave is now a drug rehabilitation center (the new
tenants moved in at the beginning of January 2002 based on our own observation).
Although we haven't heard any evidence linking the burglary to the rehabilitation center, we
Ndge that the sheer presence of a drug rehabilitation center in this residential area presents a hsk
to our families and children. We also think it's agaihst the Declaration of Restrictions
Mfecdng Tract 2155 that applies to this neighborhood; see the highlighted area on page 2 of the
attached extract of this Declaration.
\Ve ,nv~te you to contact the City of Cupertino (10300 Torre Avenue Cupertino, CA 95014-3202
Phone: (408) 777-3200 Emaih info@cupertino.org) to complain about the presence of this drug
rehaNhtaUon center. We should also prepare to file a lawsuit against the improper use of a
property, in this residential area. Meanwhile, we invite you to watch closely your children if they
play outside or they walk to Eaton Elementary School through Glenview/Davison Ave.
Thank you for your attention
Your neighbor
l
~ title to vhLcb lot fubieq~ ~s ~eA ~fe~ ~C ~ ~XY~6~ ~r and
~, s~b or f~rs &~ n~ G~ ~td visible ~o~r~y e~ll ~ kep~ f~e ~r~
~o fe~t, v~l~, ~e, or p~en ~~es of a~v t~ ~11 ~ e~,
2ro~r .y .
~ ~ vhlch X~ s~s) ~ er~, ~c~ or MX~X~ OU uy o~r ~rtlon of
residential ~lldl~ plo~, a~ n~ ~e ~ o~ IL~ or ~ It~ ~der ~
n~rs mod .~ t~o so 40 ~t ~ ce~e ~ ~0 or n~e ~u ~be Mtib~r~.
~t ~ ~ C~ttu ~e~f.r ref~ ~, ~ Xf ~re Xr ~a ~ C~xtt~,
highlighted
area on next page.
~e~ v~tb ~ ~l ~ c~ t~rc~l~b (v~e~r c~ed o~ Quo or ~e 1o~
~. ~-;2 .',.... - . · ~.,-~.. .~t~:~..~. , *.. . )- * , . . . ,
~ . . . ,..~ ., .~ ,. ,1..,.. ....... -
~.-- ~'~,-, ,. a -. ~-- ~.,~}T~.~'.- ,,. .... ~;-~,~ ......-.- .-~'. - .
~ .'t~ ~L~)<~ ' .%~, . ...... :., ,~ ,'~ ....
,., · ;~.~' a;¢ %~ff '. :: =~"-.~,-:,. ..... ~ .-
· '~ ~,i~* ..... --'- ,.. .x · '-t "¢%~ · · ' ' ~=""..;, ....
.g
EXHIBIT E
6665 Clifford Drive
Cupertino, California 95014
May 8, 2002
To the Members of the City Council:
On the evening of April :~5, 2002, I was in my backyard when my
neighbors behind me started to fight. The occupants were screaming at
each other, and it quickly turned into an unpleasant situation. There was
major profanity being used that was both repulsive and derogatory, and
the slamming of doors could be heard quite clearly. This argument lasted
approximately 40 minutes and it was very disruptive to the surrounding
neighbors. This was not the first incident of such behavior from the
occupants.
Sincerely,
Karen Garza
EXI]IBIT F
Peter Gilli
Planning Commission
Cupertino City Hall
10300 Torte Avenue
Cupertino CA 95014-3202
Dear Peter Gilli,
Subject: May 13t~ hearing for' drug rehabilitaion center on Glenview Avenue
We live in the close vicinity of 10575 Glenview Avenue that we understand has been
operating as a drug rehabilitation center since January 2002. We would like to record our
objection to this facility and strongly suggest that permission for operating the facility be
denied.
Here are some factors that we would like you to consider:
1) This facility is inconsistent with the residential nature of the neighborhood. Many
of the houses have small children whom we would not like to expose to such an
environment.
2) The owner of the facility did not consult with us before starting the operation. We
also understand that it was started without a permit from the City of Cupertino.
3) The facility is a public nuisance in terms of noise and cars parked outside the
house. There have been instances of loud noises and screeching tires by the
residents of the facility which we find very disturbing.
4) On April 15t~ Karen who lives in the house fight behind this property heard loud
altercation and foul language being used by the residents that was clearly within
earshot of the adjoining houses. This is very unusual in our neighborhood.
5) A few weeks ago Linda detected the smell of Marijuana from the house.
We have just highlighted things we have come across through casual observation. There
may be more that we have not seen yet. We are extremely shocked that this facility has
been allowed to operate for so long within an otherwise peaceful segment of the
Cupertino community.
We trust that you will make the fight decision in this matter.
Sincerely
2) Linda Johansen/Vic Johansen ~'~.~'
cc: Richard Lowenthal, Mayor or Cupertino
Michael Chang. Vice-Mayor of Cupertino
County of Santa Clara~
Office of the Sheriff
55 West Younger Avenue
San Jose, California 95110-1721
(408) 299-2101
EXHIBIT G
Laurie Smith
Sheriff
5~8~02
On January 25, 2002, the residence at 10575 Glenview Avenue was burglarized. Although our office
has arrested approximately 23 people for thef~ and burglary charges since October 2001, we have not
been able to link one of them to this crime. That doesn't mean that the person hasn't been caught.
He/she may have been arrested for another burglary and there just wasn't enough evidence to charge
them with this one. Since the Glenview break-in there have been three additional burglaries in that area.
Two of them occurred on John Drive and the other on E. Estates Drive. A suspect was arrested for these
incidents and he was not associated with the Glenview Manor.
I have looked at the crime data for several streets in the Glenview / Davison neighborhood and have
noted that the criminal activity has remained at a constant for the past three years. There were burglaries
and thefts occurring in the neighborhoods prior to the home opening. At this time, there is no factual
data or evidence to support that the home has increased 6riminal activity in the area.
Sincerely, ~ ~ ~,
Sgt. Skip Shervm~otl ' '
Cupertino Commtmity Resource Officer
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3177
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., S. Joseph Simitian
County Executive: Richard Wittenberg
CITY OF
E BIT H
MEMORANDUM
Date:
To:
From:
Subject:
May 8, 2002
Peter Gilli, Associate Planner
Jeffrey Trybus, Code Enforcemem Officer
10567 Glenview Ave. Cupertino
Since the initial complaint for the drag free house, the Code Enforcement Division has
received one additional official complaint from'a concerned resident regarding the drag
free house at 10567 Glenview Ave. Multiple residents have called over a period of time
to inquire on what is happening with the permit process. Most residents stated that they
are concerned for their children's safety, and property values deceasing with the presence
the house.
Printed on Recycled Paper
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 950174
~LUTION NO. 6132
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A CONGREGATE RESIDENCE WITH 16 RESIDEN2X3.
- U-2002-02
SECTION I: PROTECT DESCRIPTION
Application No(s):
Applicant:
Location:
U-2002-02
Support Systems Homes (Jeffrey Janoff)
10567 Glenview Avenue
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements in accordance with Ordinance No. 1688 and' the
Cupertino Municipal Code:
1. The proposed use is a conditional use in the R-1 Single-Family Zoning District;
2. The proposed use is consistent with the Cupertino General Plan;
3. Congregate residences with ten residents are allowed by right;
4. The application meets the criteria necessary to allow a congregate residence to have
more than ten residents;
5. The facility will limit the number of residents who drive in order to protect
neighboring properties from spillover parking in front of their houses;
6. There is no evidence that allowing six additional residents in this house will increase
crime in the neighborhood;
7. There is no evidence that allowing six additional residents in this house will result in
substantial noise impacts that would violate the Cupertino Municipal Code, but there
is concern that the potential for noise is increased with a higher occupancy;
8. There is no evidence that allowing six additional residents in this house will pose a
direct threat to the health of neighbors, since the County District Attorney's Office
does background checks on each resident to verify they do not have a history of
violent crimes;
Model Resolution No. 6132
Page 2
9.
U-2002-02
May 13, 2002
There is no evidence that allowing six additional residents in this house will result in
substantial physical damage to the property of others.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No. U-2002-02,
as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED PROIECT
This approval allows a congregate residence at the subject site for
residents. Residents shall include all persons who sleep in the residence.
up to sixteen
ONE YEAR REVIEW
The use permit will be reviewed in May of 2003 to determine if the approval results in a
nuisance to the neighborhood that could be mitigated by reducing the occupancy of the
residence.
o
RESIDENTS WITH CARS
The applicant shall limit the number of residents with cars at the subject site to seven,
including staff. On-site parking shall be used before a resident parks on-street. The
applicant shall make every effort to not allow residents to drive vehicles without their
permission.
GARAGE USE
The garage must be maintained free and clear to allow two vehicles to park within thirty
calendar days of final use permit approval, subject to approval by the Director of
Community Development.
ACCESSORY STRUCTURE
The storage shed in the rear yard must be brought into conformance with the setback
requirements in Chapter 19.80 of the Cupertino Mtmicipal Code within thirty calendar
days of final use permit approval, subject to approval by the Director of Community
Development.
Model Resolution No. 6132
Page 3
U-2002-02
May 13, 2002
o
o
o
COUNTY FIRE APPROVAL
The applicant must receive written confirmation from-the County of Santa Clara Fire
Marshal that the residence conforms to R-6.2 occupancy building codes in the California
Building Code. Issues identified by the County Fire Department must be addressed to
the satisfaction of the Fire Marshal by May 31, 2002.
CONFORMANCE WITH HOUSING CODES
The applicant shah demonstrate compliance with the State Housing Code, including but
not limited to, the adequacy of bathroom and kitchen facilities to accommodate 16
persons in the residence.
NEIGHBORHOOD MEETING
The applicant is strongly encouraged to meet with the surrounding neighborhood
within thirty days of the final action. Noticing of the neighborhood should include at
least all property owners within five hundred feet of the subject site.
NOTICE OF FEES, DEDICATIONSr RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions.constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
PASSED AND ADOPTED this 13th day of May 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Chen, Auerbach and Chairperson Corr
Saadati
APPROVED:
/s/Steve Piasecki
Steve Piasecki
Director of Community Development
g;/planning/pd~s/q.l.2002.02 r~.doc
/s/Charles Corr
Charles Corr, Chairman
Planning Commission
Planning Commission Minutes 3 May 13, 2002
Application No.:
Applicant:
Location:
U-2002-02
Support Systems Homes
10567 Gienview Avenue
Use permit to allow a six-bedroom residence to be used as a congregate residence for up to 16
persons where 10 persons are allowed by right.
Planning Commission decision final unless appealed
Staff presentation: Mr. Peter Giili, Associate Planner, distributed a written communication
received relative to the application. The video presentation reviewed the application for a use
permit to allow a congregate residence with 16 occupants where 10 occupants are allowed by
right. The subject residence, Glen View Manor, is used as a certified drug free living environment
by men convicted of, or plead guilty to, non-violent drug charges. Potential neighborhood impacts
include parking, noise and crime. Other issues include occupancy load and fire codes. The City
Council adopted a guideline in 1995. that directs the Planning Commission to grant use permits for
congregate residences exceeding 10 persons so long as specific ordinance requirements are met
unless the Planning Commission finds that the proposed occupancy would constitute a direct threat
to the health of other individuals or would result in substantial physical damage to the property of
others. Staff recommends approval of the application. Planning Commission decision is final
unless appealed.
Mr. Giili stated that it was conditional use permit to allow a congregate residence to exceed the 10
person limit allowed by right; the applicant is requesting 16 residents, two of whom are resident
managers living on the site. It was noted that if the application is denied, it would not remove the
drug free living environment, but would only reduce the occupancy to 10 persons. Mr. Gilli
reviewed the state and federal regulations relating to the accommodation of drug free living
environments and the City Council Action of 1995 and City Ordinance No. 1688.
Mr. Gilli reviewed the enumerated requirements, including occupancy load, conforming with
zoning, building and fire codes, "direct threat" and substantial physical damage. He addressed the
issue of noise complaints from the neighbors, noting that the neighbors were advised to notify the
code enforcement or sheriff of instances when they occur so that there would be evidence to
support the neighbors' claims that there is potential for direct threat. The managers of Support
Systems Homes have indicated they will work with the neighborhood to address perceived
problems. Staff recommends approval of the application subject to the conditions in the model
resolution addressing parking, correction of two zoning code violations, and final written approval
from the county fire department; and also that there be a one year review of the application. If the
neighborhood is able to provide more evidence, after the operation has been in effect for a full
year, then the Planning Commission will have the opportunity to either add further conditions or
even discuss lowering the occupancy numbers. Minor changes staff made to three of conditions
include: Condition No. 2: one year review wording change; Condition No. 3: a sentence was
added relative to residents with cars; Condition No. 6: address County fire approval in two weeks
rather than 30 days. Mr. Gilli noted that the applicant was concerned that the fees associated with
the application were excessive.
Mr. Gilli answered commissioners' questions regarding the application. Relative to the review
period of 6 months vs. one year, he clarified that a six month period would allow the operation less
time to be present but allows the neighborhood a quicker opportunity to come back to the Planning
Commission. If noise or behavior disturbances are reported to the sheriff or ex>de enforcement and
Planning commission Minutes 4 May 13, 2002
a record is made, then the Planning Commission can review that and rethink its findings on
approval, either to reduce the number of occupants if they believe there is a connection between
the number of occupants and the complaints, or go so far as to revoke the use permit, which would
require the occupancy go back to 10 persons. The condition rel~tive to the state of the garage was
discussed. Mr. Gilli said that the condition could be modified to include wording that the garage
must be maintained free and clear.
Mr. Jeffrey Janoff, Attorney for Support Systems Homes, explained the background of Support
Systems Homes, noting that it has been in existence for about 12 years, with approximately 20
homes in Santa Clara County. He said the District Attorney's office certifies the home, which is
important for the neighbors to recognize; and the DA has certain guidelines they have passed
which are the basis for certification. It is a closely monitored program with access to a phone
number for the neighbors to use for any complaints or concerns. He said there was a meeting set
up by a neighbor in Cupertino library to discuss the application, and Support Systems attended
along with the DA; but no neighbors showed up. He said the organization has made an effort to
meet with neighbors, and want them to understand and be part of the process to alleviate concerns
and fears about the process. He said it was a clean and sober environment of men working to get
back into the community to be well respected members of society; and they are not using
controlled substances. If the rules are not followed, they cannot remain in the program. Mr. Janoff
said that the city ordinance states that the application for use permit shall be granted if the
enumerated requirements are met; and the staff report noted those requirements have been met in
this case. Relative to the fee issue, he said as a rule in the City of San Jose, there is no
requirement because they operated under reasonable accommodation; for a group of disabled
persons as defined by law, there is no charge to live in a house as a family.
Mr. Janoff and Mr. Kevin Richardson, Director of Support System Homes, answered
commissioners' questions regarding operation of the residence, and program rules. Mr.
Richardson explained that the program participants were recovering alcoholics and addicts, but
were not permitted any addiction recovery drugs or mood altering drugs. Mr. Richardson said that
the process for notification of neighbors included certification from the District Attorney's office,
and the posted 800 phone number and notification to the neighbors once they are settled in. He
said in this case they were in the midst of the process with San Jose and hadn't had full
certification, and had not yet met with the neighbors; and in the meantime, the neighbors had
already had a meeting because a few of the program's residents had attended the meeting. They
set up another meeting which they felt was a good opportunity to present the program. He said
that in the future they were willing to have a neighborhood meeting with the residents.
Chair Con' opened the meeting for public input.
Mr. Jay Preston, 10465 Gienview Avenue, expressed concerns about the traffic impacts from 16
residents and 7 autos at the facility, and the excess congestion and noise that the facility would
present to the neighborhood. He said some complaints already had been logged. He said his main
concern was that the home was a commercial business operating in the neighborhood; and he felt
the covenants developed when the houses originated 40 years ago, were important. Although the
covenants are not part of municipal law they are important because they define the purpose of the
neighborhood and set expectations of people living in the neighborhood, that someone would not
operate a wood working factory in their garage or build a shed up against the neighbor's fence, or
make excessive noise, etc., which is a framework for the neighborhood, and anyone moving in the
neighborhood should respect that. He said Support Systems Homes operating a commercial
enterprise in the neighborhood is not within the spirit of those covenants developed over 40 years
Planning Commission Minutes s May 13, 2002
ago. He pointed out, as mentioned earlier, having a right to house 10 residents is predicated on
this being a facility for non transient residents, Mr. Preston said he was not certain that meets the
requirement of non transient residency.
Mr. E. Conens, 10480 Pineville Ave., voiced his objection to the situation and how it was handled,
stating that they did not receive any notice of the operation starting; but just received notice in the
mail that the applicant wanted to increase the residents from 10 to 16. He said they were permitted
10 residents, but already had 11 in the home; they were allowed 7 cars, but when he went by last
evening, there were no cars in the driveway. He noted the home was in a single family area, and if
he had wanted to move in by a jail or hospital, he would have bought a house elsewhere, not in the
Cupertino neighborhood. Mr. Conchs pointed out that the group home was 3/10 of a mile from a
grammar school and two parks, which was not appropriate. He voiced his anger that other
speakers had 17 minutes to address the commission and he was permitted only three minutes. He
said the home was for a single family and the group home was inappropriate in the neighborhood.
Ms. Sun-Hwa Kim, 10575 Gienview Avenue, said she only became aware of the group home when
her house was burglarized in February. She said they were already misusing the house, with more
than 10 people residing in it. She expressed concern for her family and home safety; and said that
if the traffic increases, their safety will decrease. She said she worked for the jail system and was
familiar with drug users and DUI persons and how they will sacrifice anything for drugs. She
questioned how three cars could be parked in the driveway when the driveway was wide enough
for only two cars. She said that she feared for her family's Safety.
Ms. JoAnn Olah, 879 Brent Dr., said she had lived in the neighborhood for 33 years and word
passes throughout the neighborhood quickly. She' said that when she received notice of the
meeting, she was out in her neighborhood informing everyone and also those across the street out
of the chosen circle of notification. She said she objected to the way it was handled, and was
amazed at how suddenly they were informed about their application to increase the number of
residents, because they were not even aware that the group home was in the neighborhood until the
recently burglary and the sheriff's department inquired about their permit. Ms. Olah said that the
neighborhood was a residential neighborhood, not one for commercial business. She pointed out
that the square footage available for each person sharing a room in the home was smaller than a
jail ceil. She said she did not feel the residents were bad people, but the living situation would
create tension along with their other problems they were confronted with. She concluded by
stating that she felt it was handled in an irresponsible, unprofessional way and was poorly
approved by the City Council.
Mr. Victor Johansen, 6657 Clifford Dr., said the Planning staff recommended the approval of a use
permit allowing a congregate residence to increase its occupancy from 10 to 16. The staff report
identified the following neighborhood issues: parking, noise and crime. He said looking at the
neighborhood norms and comparing them to the congregate residence, the allowance of 7 cars
would be 2 to 3 times the neighborhood norm for parking and traffic. The enforcement of the 7 car
limit would be let~ to the corporation managing the facility; and he said he felt it was a community
risk to have a corporation policing anything that could have an adverse affect on the profitability
of the organization. He said occupancy is also a factor affecting both noise and crime. Staff states
there is no evidence that either the crime rate nor the noise rate would increase with the addition of
6 occupants, which is counter-intuitive; there have already been community complaints of noise;
there has been an unresolved burglary in the area; the occupants of the residence in question have
or have had problems with drug or alcohol or both. He questioned if they were to believe that the
crime rate among the selected population is going to be the same as in the neighborhood as a
Planning Commission Minutes
6 May 13, 2002
whole? He said he wished the recovery rate could be 100%, but it was stated to be about 55%.
Mr. Johansen said that 6 additional clients in the facility could only increase the risk of parking
problems, noise and crime in the neighborhood, and the neighborhood risk was already high at 10
residents. He urged the Planning Commission to reject the staff's proposal, limit the occupancy to
10, and the number of permitted autos to 5. He said he felt the only person that would be hurt by
that would be the profitability of the corporation running the site.
Mr. Shirish Neike, 10559 Gienview Ave.., urged the City Council to use common sense in making
a judgment and look at the recommendations from a common sense point of view. He discussed
four issues raised in a meeting with Mr. Gilli of the Planning Department staff. He said that there
was an incident of drug use in the neighborhood that was not included in the report nor
acknowledged. Staff said it was not reported to the police, but it is not included in the report.
There has been a report of excessive noise and loud profanity going on as long 40 minutes in the
neighborhood; that has not been reported. This was dismissed by saying that arguments are
common within the city, however, he said they don't feel that addresses the issue. If there has
been an incident of loud noise and profanity, that is not showing up in the report. Mr. Neike
referred to the clause which staff says there is no evidence that allowing six additional residents
results in significantly more noise than 10 residents. He questioned what evidence was needed to
show that 16 people will make more noise than 10, and said they would gladly provide that
evidence. He said there have been reports that the residents have been violating not just the spirit
of the law, but the courts. They have also been parking their cars in a different area just to make
sure they abide by the restrictions.
Mr. Yudon Sun, 10580 Glenview Ave., emphasized that the location of the house was only 2 or 3
minutes on foot from Ethan Elementary, and that four streets converge on Glenview Avenue, with
the children from these 4 streets passing in front of the house each morning. He said the extra
traffic caused by the extra 6 people will exacerbate the already precarious situation. He pointed
out that he felt were errors in the staff report. He questioned how to move the cars around on a
daily basis. He noted that the report stated the facility does not provide treatment or counseling,
yet the Support Systems Homes website in their mission statement says they effectively treat
individuals and also provide counseling. Also in terms of non transient occupancy mentioned in
the report, in the municipal code there is no definition of transient. An average stay of 6 months is
clearly transient, therefore the location of the house, extra traffic, hygiene problems, would pose a
series of threats to the children walking to school daily. The report also states there is no evidence
linking specific residents in the house to a particular crime; however, he said he felt statistics
would indicate that extra people with certain backgrounds do increase the crime rate.
Mr. Robert Harrison, 10536 Davison Avenue, asked if they were non profit or profit organization;
the response was both. He said he found it interesting they wanted to have the fee waived when
they were, also a profit organization. He said that as a resident of the neighborhood he went
through the Planning Commission and had to pay the fee for a house addition. They claim to be a
sophisticated organization, yet suddenly appeared in the neighborhood, did not contact the
residents, and it wasn't until after the robbery incident in the neighborhood, that the neighbors
found out the home was a drug/alcohol rehab center. He said he considered himself a
compassionate person and wanted the people to get help. He questioned why a vote had to be
taken on increasing the residents to 16 when they had not contacted the neighbors before, and they
already had more than the limit living in the home. He suggested leaving the number of residents
at 10 and reviewing it in a year. He asked for clarification whether the issue was to allow a rehab
center or to increase the number of residents to 16. Chair Corr clarified that the issue was
increasing the number of residents to 16. Mr. Harrison urged the decision to be to leave the
Planning Commission Minutes ? May 13, 2002
number of residents at 10 and let the organization prove themselves first if they wanted to increase
the number of residents to 16.
Mr. Michael Cox, 10341 Glenview Ave.~ said that Cupertino i~'a diverse community with cultural
differences, and he believed it was a wonderful place to live and raise a family. Cupertino has long
since established itself as being a cultural melting pot; it is the union of different beliefs, attitudes
and cultures that has enriched the community. He said the residents of 10567 Gienview are
recovering from substance abuse, trying to improve their lives by living in a clean and supportive
environment, and trying to reclaim their humanity and working hard to become productive
members of the society. They are trying to improve their situation just like the thousands of other
people representing the many cultures, customs, religions, and beliefs who have come to Cupertino
before them. He said when driving by 10567 Glenview almost daily, the yard is always neat and
tidy, there are no abandoned cars or eyesores to complain about. Mr. Cox said that he wanted to
reside in a community of good neighbors, a community that acts with a conscience, and that
reaches out to help those in need, especially those who are trying to change their lives for the
better. He said they needed a community that doesn't tolerate unjustified accusations or allow
fears about particular groups to evolve into discrimination. Cupertino is a community built on
diversity and acceptance and the country has grown to what it is today because of this open
mindedness. He said he felt the small number of Cupertino residents opposed the proposal not out
of facts, but out of fear. He said the residents of 10567 should be held accountable to the same
laws as everyone. He said if the only question is whether or not to permit the number of residents
be increased to 16, that they vote with their actions that Cupertino really is a great place to live.
He concluded by stating that he was in favor of allowing 16 residents in the home.
Ms. Linda Sanders, Cupertino resident, said she was not opposed to having 'the house in the
neighborhood, but was opposed to increasing the number of residents beyond 10. She questioned
if the 10 persons included staff, who sponsored the home, who owns the home, how do the
residents get to their jobs if there are only 7 cars for 10 people? She also questioned the program
relative to counseling. Ms. Sanders said she had concerns for the neighborhood and did not feel
one evening of discussion would address all the concerns. She said there was also discussion
about a one year inspection.
Mr. Jerrold Keating, 10370 Lindsay Ave., expressed concern about the previous item which
involved a business and the current item which also involved a business. He said in the previous
item, the firm operating out ora commercial location is being requested to limit to 10 patients per
hour, and the group home application is a business in a residence in the city of Cupertino with a
limited occupancy of 10 persons. He said that according to ADA a reasonable accommodation is
the effort that should be made and allowing be in the home and operate it as a business in a
residential area is a reasonable accommodation.
Mr. Robert I!o, 10620 E. Estates Dr., said he had not heard about the "hotel" down the street and
was concerned that no one informed him. He expressed concern about the traffic and reported to
the sheriffs depa,~unent about people running red lights, and the sheriffs department in turn caught
offenders. He said he was also concerned about the small children living in the area of the corner,
and playing on the street. He said he was also concerned about people making mistakes at the cost
of children's lives, and didn't want the mistakes happening in his town.
Ms. Vaughn Marie Rodriguez, resident, said that because of the close proximity of the residence to
schools and parks and the number of small children in the neighborhood, she wanted assurance
that the residents were also screened for non violent sexual crimes and notification provided under
Planning Commission Minutes s May 13, 2002
Megan's Law. She wanted assurance also that the police department was keeping close watch on
the transient residents. She said the home is on a T-intersection and is also a two story home
within binoculars' view of 3 day care homes. She said she was supportive of the group home, but
not in her neighborhood. She said she felt the owner/managemEnt did not understand the nature of
the community when they brought in this type of program. She said previously an adult care home
occupied the residence, but the program was for disabled persons and the neighboring residents
did not complain about them. She said the present residents of the home were disabled by choice
with drugs and alcohol, and it was not revealed that there were also recovering addicts living in the
home until a member of the Planning Commission asked, which is another example of omission of
information on the part of the applicant.
Ms. Litai Weng, 10599 Glenview Ave., said that she owns a rental home in the neighborhood and
the tenants of the home were upset about the situation as they were not aware of the residence
prior to moving in. She said she was concerned about young girls in the neighborhood and the
small children. She questioned if a full disclosure of the presence of the group home was required
when renting or selling the property, and questioned the potential loss of property value. Ms.
Weng said that having additional residents in the home with only 2 restrooms may create potential
problems. She expressed concern about a smoking area for the residents either in the front or back
of the home after the garage was not available for the smoking area; and also questioned the issue
of number of cars and the home residents wandering around the neighborhood.
Ms. Janis Henry, 6728 Clifford Drive, concurred with the other speakers who were opposed to the
group home and said they would have put a stop to it before it occurred, if it was in their hands.
She said when the home opened in January they did not tell the city they were operating a business
at that time; it was not until a burglary occurred in the neighborhood that the police investigated
and asked for the permit. She said while applying for the permit, they asked for an increase of 6
people. Ms. Henry said she was concerned about petty crime in the area and noted situations
occurring. She said it was not a free and open establishment, but a controlled establishment
providing the neighbors complain.
Mr. Sudhakar Patibandla, 10461 Gienview Ave., said if the organization running the home was
honest and willing to provide needed support to the recorded process, they would not have asked
for more than 10 people in the first place; more than 10 people will create more problems and
increase problems. He questioned their honesty in going through the process with other cities, and
why they did not check with the city of Cupertino about their limit or need for a permit. He
questioned how they would provide evidence a year later; random drug checks are conducted by
the organization itself; and what would happen when the home is no longer a drug free
environment, will they close the business or remove the resident from the home? He
recommended not to sanction the use permit for more than 10 residents and also put random
checks from either the city or county more regularly, not just trusting the organization itself, since
it is not a non-profit organization.
Mr. Thomas Ma, 10607 Glenview Ave., said he felt the neighbors' reaction was not fear, but
reality. He said recently there was a driver driving fast and making a u-turn in the neighborhood
which was not the norm for the neighborhood and an indication of something happening in the
neighborhood. He referred to the language in the staff report "direct physical damage" and said he
felt that the existence of the home could not cause direct physical damage to another home, but
that it had a negative impact on the rental and resale value of the homes in the area. He suggested
that staff clarify the definition of direct physical damage.
Planning Commission Minutes 9 May 13, 2002
Chair Corr closed the public hearing.
Mr. Janoff answered questions raised during the public input period. He said that the participants
in the program are screened by Support Systems Homes, the DA, and the court system, and there
are no sex offenders in the program. He said that financial support is from a variety of areas
including private paying individuals, Santa Clara County contracts, and DADS. He said the
financial aspect of the program was an operational issue and did not have any bearing on the
application. He said that the disclosure of the existence of the group home was not a legal
requirement when renting property or selling property in the neighborhood. He pointed out that it
was illegal to ask about the existence of such a program in such transactions. He noted that the
group home residents were all adult age.
Mr. Giili noted that the city permitted home occupations in residential neighborhoods; however,
the Support Systems Home is not considered a home occupation. He clarified that it was a house
being subleased by the Support Systems Homes and they are collecting rents from the occupants.
Com. Auerbach noted that there was not a definition of transient and questioned if staff had made
a ruling using the term where some sort of time period of occupancy was implied. Mr. Piasecki
said he was not aware of any, and there might be a reverse situation where we might approve a
hotel and want to ensure that they are not staying there as an apartment house. Mr. Gilli noted that
there was not a requirement of how many cars can be parked on the street per residence, but there
was a restriction on how many cars parked on the property without a development approval, four
unless there is a larger lot or the development review process is used.
Com. Auerbach said that it was a difficult decision; and that it was important to understand that
there has to be findings of fact, in some cases that' may contradict common sense, but they are
required. He said it was important to note that the ordinance states that the city "shall" permit this
kind of use. Having gone through the General Plan page by page, with all the things said that are
in the city that are listed as may, the ordinance states "you shall, unless you find any of these other
findings against this" and he concurred with staff that it is not possible to find against this. He
said that he did have concerns; including questioning the ordinance that provides 16 people with
only 2 bathrooms, which is not impossible, but seems like a particular burden and 16 people in
general versus 10 seems like essentially not in character with the neighborhood. He said he felt
the ordinance was clear and without any findings, that is in and of itself deleterious, especially by
contrast to 10 people; is 16 going to be any different; he said he did not feel they could find that it
is significantly different. Com. Auerbach said there were many points brought up by various
people, and he felt if it was a different facility, these complaints would not be brought forward.
He said it was his opinion that the complaints are related to the fact that it is a rehab facility and
not some other kind of facility like a large extended family, or preschool. He said there has to be a
certain presumption of innocence and as Chair Corr mentioned, if after a period of a year, there is
substantive evidence in the form of reports that say that this has turned out to be a real problem
and a threat to the neighborhood, then there may be other grounds for different findings, but in this
case most of these are simply things that would exist in neighborhoods. He noted that recently a
window in his home was broken in the early morning hours and he considered it a random act; it is
easy to want to assign the acts to some facility in the neighborhood but without hard evidence it is
impossible to make that determination. Noise and profanity, certainly barking dogs and domestic
quarrels are part of most neighborhoods. He said he also felt it relates to the backyard noise issue;
why is using metal weights in the backyard any more objectionable than someone using a circular
saw or somebody using a leaf blower or some other noise in the back yard. Com. Auerbach said
that the public street is exactly that, a public street where people can park; there are limitations to
that but they can certainly park on the public street, it is not a private driveway. He said he felt it
Planning Commission Minutes 10 May 13, 2002
was true that the operation has made some mistakes in judgment in terms of coming into the
community and he hoped that they will try to rectify that with more outreach to the community.
He said he felt they could not make any correlation with density to crime; the crime statistics have
been decreasing since 1992, Cupertino is a safe community. He, aid it was likely there was quite a
percentage of DUI offenders in the neighborhood already and unlike the presence of the group
home, they won't have the dire consequences of being kicked out of a program if they drive home
inebriated one night. He pointed out that the current President had an alcohol problem, so it is
important not to prejudge people on the basis of a home they are in or a program they are in; as a
state we have lead the way in terms of moving drug and alcohol abuse issues from a criminal act to
one that we now regard as a disability and it is something we did as a state, and to say that you are
that compassionate view but then not allow the facilities necessary to implement that program in
your neighborhood is really tantamount to not really supporting that program. Those are the things
we as a society have to take under our wing, we can't just have communities of people like
ourselves. Com. Auerbach said he agreed with everything Michael Cox said with regard to
supporting diversity of all sorts in our neighborhood, and he saw it as just one more form of
diversity. He said they should be subject to the same fees for residential use. It is common for
organizations doing charitable works in the community to receive exemptions from some fees from
the City Council, but he did not feel the Planning Commission should grant that here.
Com. Chen there was no clear definition of residential use for non profit or profit organizations,
and was uncertain whether the home qualified as residential use with conditions and there were no
grounds to make the decision that it is commercial use in a res'identiai neighborhood. Relative to
the definition of transient or non-transient, she said it was her opinion ifa resident moved in with a
goal to move out as soon as possible, that should qualify to be non-transient, but again there is no
clear definition. She recommended a condition be included for the applicant to prove that it is in
compliance with state code to have at least basic standard facilities to house as many people in a
small area in a single family neighborhood. Relative to traffic issues, she said that the speeding
cars in the neighborhood would be a traffic calming issue different from the usage of this
particular residential home. She said that the issue was to approve or deny the residential home
above and beyond the 10 occupants. She said that 16 was too many, but did not feel there were
reasons to not support the conditional use permit. She said the fee has to comply with the city
code and the applicant should be required to pay it.
Com. Saadati said the fees should be applicable; if it is a purely non profit organization and that
funding will go back to help some others to get over drug addiction, it is a cause all the community
would agree with. As far as 10 or 16 people living in a home, he said he grew up in a large family
of 10; 16 people in a home does not seem to be consistent with any homes in the area or anywhere
in Cupertino. He said it was unfortunate that there is an ordinance that permits more than I0. He
said he empathized with the neighbors as they had valid concerns. Com. Saadati said he felt it does
have an affect on the property value and rentals as prospective buyers drive by neighborhoods for
the ideal home. He said that he felt ali had a responsibility to help those who are not productive in
the community to help them become assets to the community and add to the future by going
through rehabilitation and becoming productive and at this point he said it was his opinion that
they should hold on to the approval beyond 10 residents and wait a certain period of time and
come back and reevaluate based on the neighbors' feelings; the neighbors have certain rights. It is
a program that benefits everyone and although everyone has the responsibility to help, the
neighbors have certain fights; and they should have been contacted and informed and there needs
to be a good neighbor policy. He said he did not feel the good neighbor policy was pursued by the
organization. Com. Saadati said he was hesitant to approve the increase to 16 residents at this
time, but that it should be reevaluated at a later date.
Planning Commission Minutes l I May 13, 2002
Chair Corr said the ordinance specifies "sba//" which specifies more than 10 residents may be
allowed given these situations and there is no evidence other than what might happen or that the
supposition that something could happen; hence there is 3o basis for denial; and he felt
comfortable voting in favor of the application. However, it is important some things occur. One
is that the organization work with the neighborhood to help them learn about the program, and
establish contact with them; which will be a more difficult job at this time because it wasn't done
in the beginning. Relative to the resolution, Chair Corr said that he felt it should be included that
the garage must be cleared out and maintained free and clear to allow those vehicles to park in
there, not just good enough to clear it now and move on. He said he supported the idea of
reviewing it in a year to see the progress, and encouraged the neighbors to report incidents to the
sheriff or to code enforcement so that they can be recorded, so that it is not just a case of hearsay.
He said that he felt the fees are appropriate and should be paid.
Mr. Piasecki clarified the wording proposed by Com. Chen, labeled "housing code ... the
applicant shall demonstrate compliance with the State Housing Code including but not limited to
the adequacy of the bathroom and kitchen facilities to accommodate 16 persons in this residence."
Mr. Gilli also noted inclusion of the modifications to Condition 2, Condition 3 and Condition 6 as
discussed earlier in the application outline.
Ms. Eileen Murray, Assistant City Attorney, clarified the business operations would not be
restricted during the compliance period.
MOTION:
Com. Auerbach moved to approve Application U-2002-02 with
modifications discussed
There was a brief discussion about including a condition relative to the applicant holding
neighborhood meetings. Mr. Janoff said they were willing work with the neighborhood residents,
but felt it should not be a specified condition of approval. Mr. Piasecki clarified that language
could be included that the applicant is strongly encouraged to conduct a neighborhood meeting
within 30 days. Com. Chen concurred, noting that it would provide the opportunity for the
organization to meet the neighbors and better inform them of the organization.
Com. Auerbach withdrew his motion and presented a new motion.
MOTION:
SECOND:
Com. Auerbach moved approval of Application U-2002-02 including a
condition that the applicant is strongly encouraged to meet with the
neighbors within 30 days.
Com. Chen
Mr. Gilli clarified that the code enforcement condition was worded so that they have 30 days from
the final approval since the project may be appealed which could take another two weeks, so it
would be recommended that it be 30 days from the final action. Mr. Piasecki clarified the action is
final on the pan of the Planning Commission unless it is appealed within 14 calendar days of their
decision. Any person in the audience or applicant if they are not satisfied with the conditions, may
appeal it to the City Council; it will be agendized for the first available City Council meeting at
that point.
NOES: Com. Saadati
VOTE: Passed 3-1-0
CITY OF
CUPEI INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
FAX: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No.
Meeting Date: June 17, 2002
SUBJECT AND ISSUE
Discuss and Adopt the 2002/03 Budget/Capital Improvement Projects (CYP).
BACKGROUND
The purpose of tonight's heating is to give the public a final opportunity to comment on the
proposed 2002/03 budget before City Council takes action.
An in-depth review of the budget was presented to City Council at budget work sessions on May
28 and June 3 and a public hearing was held on June 3. Council discussed the general fund
financial position, reserve levels, debt refinancing/issuance, departmental operating budgets,
proposed programs, increased revenue enforcement and the five-year capital improvement
program.
RECOMMENDATION
Staff recommends the following course of action for tonight:
1. Receive public comments
2. Complete Council discussions and make final decisions in the areas of:
New Programs
Debt Refinancing/Issuance
,/ Increased Revenue Enforcement
,/ Proposed Reserve Levels
,/ 5 Year Capital Improvement Projects
3. Grant a negative declaration
4. Adopt Resolution establishing an operating and capital budget for fiscal year 2002/03.
5. Adopt Resolution establishing an appropriation limit for fiscal year 2002/03
Submitted by:
Carol A. Atwood
Director of Administrative Services
Approved for submission:
David W. Knapp
City Manager
PROPOSED PROGRAMS
Proposed programs for the 2002/03 budget include:
Walkability Modifications
Mobile Skatepark
Translations Services
Teen Commission
Teen Website
New Programs - Funded
$100,000
$88,585
$30,000
$12,218
$3,000
Funding Source:
Funding Source:
Funding Source:
Funding Source:
Funding Source:
General Fund
General Fund
General Fund
General Fund
General Fund
New Programs - Not Yet Funded
High Priority:
Senior Center Bilingual Intems
Multi-Lingual Health Fair
Lunar New Year Parade
Teacher/Senior Housing Rental Program
Sheriff Substation at Quinlan Center
Sports Center Child Watch Program
$12,100
$4,000
$10,000
STBD
STBD
$28,000
Funding Source: General Fund
Funding Source: General Fund
Funding Source: General Fund
Funding Source: RDA Fund
Funding Source: General Fund
Funding Source: Sports Center
Medium Priority:
We Value Youth Program
Lunar New Year Parade
$7,500
$10,000
Funding Source: General Fund
Funding Source: General Fund
Low Priority:
Senior Shakespeare Camp
Jazz Bands for Jazz Concerts
$8,50O
$2,400
Funding Source: General Fund
Funding Source: General Fund
Not Funded:
Parks & Recreation Citizen Survey
$20,000
Funding Source: General Fund
New Quote for Consideration:
CUSD Field House Partnership
$37,000
Funding Source: General Fund
Existine Proerams - Change in Fundinu
City to fund one Youth Probation Officer and one School Resource Officer in partnership with
Cupertino Union School District and the County of Santa Clara.
PROPOSED PROGRAMS
Proposed programs for the 2002/03 budget include:
Debt Refinancing/Issuance
Staffproposes to:
Refinance our current debt and extend the maturity date to 2030. In addition, we propose
to eliminate the bond reserve and use the $5 million dollars towards the New Library
project. In lieu of the reserve, the city will apply for bond insurance.
2. Issue new debt for the following Capital Improvement Projects:
Library $5,000,000
Sale of Property in-lieu 5,000,000
Animal Shelter 665,000
Increased Revenue Enforcement
Staffproposes to increase revenue enforcement in the following areas:
1. Transient Occupancy Tax: Assess TOT tax on apartment complexes with "guest units".
2. Business License Tax: Assess a business license tax on vendors selling at the DeAnza
Flee Market, Farmers Market and various Community Festivals.
3. Implement a non-resident fee for use of the mobile skate park.
'DRAFT
RESOLUTION NO. 02-118 '~ i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
FISCAL YEAR 2002-03 BY RATIFYING ESTIMATES OF REVENUES TO BE
RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR
SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH
CONDITIONS OF ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ration of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submitted his estimates of anticipated revenues and
fund balances, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the
following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in each of the several funds during fiscal year 2002-03 as submitted by the City
Manager in his proposed budget and as have been amended during the budget study sessions are
hereby ratified.
Section 2. There is appropriated from each of the several funds the sum of money as
determined during the budget sessions for the purposes as expressed and estimated for each
department.
Section 3. The City Manager is hereby authorized to administer and transfer
appropriations between Budget Accounts within the Operating Budget when in his opinion such
transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to City
Council quarterly a revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to continue
unexpended appropriations for Capital Improvement projects.
Resolution No. 02-118
Page 2
Section 6. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
Mayor, City of Cupertino
City Clerk
RESOLUTION NO. 02-119
"DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CORRECTING AND READOPTING THE APPROPRIATION LIMIT FOR FISCAL
YEAR 2001-02 AND ESTABLISHING AN .~.PPROPRIATION
LIMIT FOR FISCAL YEAR 2002-03
WHEREAS, the State of California has adopted legislation requiring local jurisdictions to
calculate their appropriation limits in complying with Article XIII B; and
WHEREAS, said limits are determined by a formula based upon change in population,
(city or county), combined with either the change in inflation (California per capita income) or
the change in the local assessment roll due to local nonresidential construction; and
WHEREAS, the local governing body is required to set an appropriation limit by
adoption of a resolution; and
WHEREAS, the appropriation limit for the City's fiscal year 2001-02 has been re-
calculated and should be readopted at the corrected amount of $49,883,140; and
WHEREAS, the city population percentage change over the prior year is 2.89%, and the
California per capita personal income change is -1.27%.
In computing the 2002-03 limit, City Council has elected to use the city population
percentage change, and the California per capita income change was used, but the Council has a
right to change nonresidential assessed valuation percentage when the figure is available.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves a 2002-03 fiscal appropriation limit of $50,672,938.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June 2002, by the following vote:
Vote
Members of the Cit~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
Mayor, City of Cupertino
City Clerk
CITY OF
cu e no
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
AGENDA ITEM
PUBLIC WORKS DEPARTMENT
Summary
AGENDA DATE June 17~ 2002
SUBJECT AND ISSUE
Report and evaluate various capital projects and identification of options for the funding
of the Capital Improvement Program (CIP) for FY 2002-03.
BACKGROUND
FY 2002-2003 Budget Review
On June 3, 2002, the Council in conducting a workshop on the 2002-2003 Capital
Improvement program and Operating budget noted several under-funded projects that
have been considered priorities during budget deliberations.
These included the Four Seasons Comer Park and Plaza Improvements and Walk-ability
Improvements as recommended by the Pedestrian Transportation Guidelines approved by
the Council on April 15, 2002. There were also a number of smaller programs and
projects which are not funded in the proposed 2002-2003 Budget.
In evaluating options and trade-offs, the Council expressed an interest in, among other
things, the possibility of deferring several projects currently proposed in the 2002-2003
CIP. The projects specifically cited by the Council to be considered in the final
evaluation of CIP included the following:
Mary Avenue Crosswalk/Parking
$300,000
DeAnza/Stevens Creek Crosswalks
$200,000
Skate Park $440,000
In addition the Council discussed the potential for deferring or otherwise relinquishing
the contract for the Stevens Canyon Road project, thereby freeing up the balance of the
funding to apply to the under funded projects and/or others.
The Council requested that Staff evaluate the implications of these opportunities and to
report back to the Council on June 17, 2002 so that these ol~tions could be considered in
adopting the 2002-03 Capital Improvement Program.
DISCUSSION
Staff has reviewed the options and implications of either deferring or reducing the scope
the projects noted above by the Council and a discussion each follows below.
Mary Avenue Crosswalks/Parking - $300,000
On December 17, 2001, the Council conducted a workshop to define the scope of a
project to increase parking oppommities at the Senior Center, to provide an enhanced
crosswalk across Mary Avenue fi.om the Memorial Park Driveway to the Oaks Shopping
Center and to provide traffic calming revisions to the street itself fi.om Stevens Creek
northward to the Entry to the Glenbrook Apartments. Following that discussion staff
proposed a budget of $300,000 in FY 2002-2003 for construction.
Since that time, staff has been working with a landscape architect to develop the project
for construction in the fall of 2002. Also, on May 5, 2002, the Council approved several
revisions in parking restrictions for the extended Senior Center/Memorial park parking
lot and established permit parking for the Senior Center on a portion of Mary Avenue
adjacent to Glenbrook. The Senior Center staff reports that these revisions that are now in
effect have virtually eliminated the parking problems at the Senior Center.
Since the parking issue has all but disappeared, one of the options available to the
Council would be to either reduce the scope of this project or drop it altogether. Staff
would suggest that the crosswalk portion of the project should be completed so that
seniors, festivalgoers and others have a more convenient and accessible crossing between
the park and the Oaks Center. It is estimated that crosswalk work could be competed for
less than $100,000. Therefore the Council could reduce the scope of the work and fi.ee up
$200,000 of General Fund money to support other projects.
Possible Funds available
$200,000
De Anza/Stevens Creek Crosswalk Enhancements - $200,000
As part of the Four seasons comer project concept, it has been proposed that the
crosswalks in all four directions at the intersection of Stevens Creek Boulevard and De
Anza Boulevard be reconstructed using paving materials which emphasize this
intersection as a central feature of the City and provide a more defined area for
pedestrians crossing these wide streets.
Since these crosswalks are essentially cosmetic enhancements to complement the Four
Seasons comer when the improvements are completed adjacent to the Cypress Hotel and
the Verona AparUnents, rather than safety features, this work could be postponed without
precluding its ultimate completion as a separate project in the future. To do so would
make available $200,000 in General Fund money.
Possible Funds available
$200,000
Skate Park - $440,000
Funding for the Skate Park had originally been proposed in the FY 2001-2002 CIP as a
"placeholder" until decisions had been made as to its ultimate disposition and location.
Discussions had been underway with Compaq, Inc. to construct a skate park on a portion
of its property and consideration for a skate park in conjunction the sports center project
were both options under consideration at the time.
Since that time, the Council has approved the purchase of a "mobile" skate park facility
that is now in operation as it moves to a variety of locations within the City and is being
used by skaters at each location. Further, the availability of the Compaq site has not been
determined because of the recent merger with Hewlett-Packard. The Council may wish to
free up the funds currently proposed in the FY 2002-2003 CIP for the permanent skate
park, since, at least some portion of the demand for this facility is being met by the
mobile skate park. As there has been no expenditure of these funds to date, the entire
amount of $440,000 could be made available for other projects in the CIP.
Possible Funds available $440,000
Stevens Canyon Road Project - $1,200,000 FY 2001-2002
On November 19, 2001 the City Council awarded a construction contract for the Stevens
Canyon Road Project to the low bidder, O.C. Jones & Sons, Inc. in the amount of
$972,629.10. A construction contingency of $100,000.00 was also approved for
unforeseen conditions and additional work as required during the course of the work.
In addition the Council approved an additional encumbrance for engineering and
construction management services by the project engineering consultant, Brian-Kangas-
Foulk in the amount of $158,735.00.
Since that time, the project, although awarded in November, did not proceed directly to
construction. As the Council was advised, there were still some property and right-of-way
issues remaining and the City and contractor mutually agreed to defer construction until
the spring, at which time, a notice to proceed could be issued. All property issues have
now been resolved and the Council had approved an agreement with Santa Clara County
for the acquisition of several pieces of rights-of-way to allow the project to proceed in the
vicinity of the Stevens Creek County Park. This contract included compensation for
County services of approximately $20,000.
The City Council approved $1,200,000.00 for this project in FY2001-2002 as part of the
adopted Capital Improvement Program.
Project Scope
The project consists of reconstructing various portions ofth~ roadway section fi.om Santa
Lucia Road to the northerly entrance to Stevens Creek County Park, a distance of
approximately 1.4 miles. The design calls for establishing and constructing as necessary
of a uniform 32 foot cross section of roadway, consisting of two twelve foot traffic lanes,
four foot shoulder paving on either side, along with several minor drainage structures and
several reaches of guard railing on the downhill side, as well as two minor retaining
walls, one each on the downhill and uphill side.
Replacement paving occurs intermittently along the limits of the project where changes in
the cross section slope or additions to the shoulder are required. About 30% of the
roadway will receive new pavement sections. The rest will be overlaid with a new paving
layer as required.
Project Benefits
The project was originally conceived as a safety improvement for bicyclists, following a
cyclist fatality, because of the danger posed by the quarry truck and other traffic on what
is essentially a mountain road with minimal sight distances around the curves and very
limited shared pavement surfaces. In addition the configuration of the topography is such
that there is literally no place to go as a refuge because of the steep slope of the uphill
side and the steep drop-offs of the downhill side.
The original project was bid in July 2000 and the lowest bid was approximately $1.84
Million, which was approximately 35% above the Engineers estimate. Staff was directed
to reduce the scope of the project to stay within the $1.2 Million budget available for the
work.
The current project, as modified, represents a substantial reduction in scope, and
consequently significantly reduces the value and benefit of the project to meet the intent
of its original conception. When completed, this roadway will not significantly improve
the safety margin, refuge oppommities or sight distances for traffic of any kind on the
road.
Its principal benefit will be to improve portions of the pavement (thereby extending the
useful life of the roadway surface), create a uniform cross section with traffic guard rails
on the downhill side and to provide some minimal drainage improvements at several
locations. It will still be essentially a mountain road with minimal sight distances at the
curves and very little room at the pavement edges. Conversely, a principal concern is that
by making these minimal improvements, it could create a false sense of security to
anyone choosing to traverse the roadway section by any means other than a motorized
vehicle. Even after the project is completed it does not meet minimum standards to adopt
this section of roadway as a bicycle lane or even a bike route.
In order to realize the savings fi-om this project, it would be necessary for the Council to
terminate the contract with the consultant engineers, Brian-Kangas-Foulk (BKF) and the
construction contractor, O. C. Jones and Sons, resulting in t_he following funding
availability.
Construction Contract
Consultant Contract (BKF)
Miscellaneous Specialty Contracts
$972,629
100,000
45,000
Total Un-disbursed Balances
$1,117,629
Account retention to close out contracts (117,629)
Possible Funds available $1,000,000
CONCLUSION
In evaluating the projects cited by the Council during the budget workshop, there are
several choices available to the Council to shift funds from currently proposed projects as
follows:
Mary Avenue Crosswalk/Parking (Reduce Scope)
$200,000
De Anza/Stevens Creek Crosswalks (Defer)
$200,000
Skate Park (Defer)
$44O,OO0
Stevens Canyon (Terminate and Defer)
$1,000,000
This report responds to the Council's request for information and is intended to provide a
variety of options along with the implications of any alternative courses of action to assist
in the Council's consideration of the final adoption of the FY 2002-2003 CIP.
Submitted by:
Ralph A. Quails, Jr.
Director of Public Works
Approved for Submission:
David W. Knapp
City Manager
DRAFT
RESOLUTION NO. 02-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 02-087
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 02-087 to be a public nuisance; and
WHEREAS, after due notice, a public hearing thereon was held at the regular
meeting of the City Council on June 17, 2002; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Fire Marshal is hereby ordered to abate such
nuisance or cause the same to be abated by having the weeds referred to destroyed or
removed by cutting, discing, chemical spraying or any other method determined by him;
that all debris, whether in piles or scattered, be hauled away;
2. That the Fire Marshal and his deputies, assistants, employees, contracting
agents or other representatives shall have express authorization to enter upon said private
properties.for the purpose of causing said public nuisance to be abated; and
3. That any affected property owners shall have the right to destroy or
remove such weeds or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Fire Marshal or his authorized representative to
destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Fire Marshal shall keep account of abating said
nuisance and embody such account in a report and assessment list to the City Council,
which shall be filed with the City Clerk.
2. Said reports of costs, heating and collection procedures involved shall be
provided as stated in Ordinance No. 724.
Resolution No. 02-120
PASSED AND ADOPTED at a regular meeting of the City
Cupertino on the 17t~ day of June 2002, by the following vote:
Vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
DRAFT
Council of the City of
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
County of Santa Clara
Environmental Resources Agency
Fire Marshal's Office - Santa Clara County Fire Department
County Government Center, East Wing
70 west Hedding Street. 7th Floor
San Jose, Califomia 9511 O- 1705
(408) 299-5760 FAX 279-8537
May 16, 2002
Ms. Grace Johnson
Deputy City Clerk
City of Cupertino
10300 Torre Avenue,
Cupertino, CA 95014
SUBJECT: 2002 Hazardous Brush Program Commencement Report
Dear Ms. Johnson:
The Hazardous Vegetation Management Brush Program Commencement Report for the
year 2002 is attached. It lists properties located within your City's jurisdiction which have
been identified as potentially having hazardous brush, which have been placed on our
Program for inspection and possible abatement. All property owners will receive
notification in accordance with the existing agreement between the City of Cupertino and
the County of Santa Clara.
Sincerely,
Para Parker
Acting Program Coordinator
Hazardous Vegetation Management
Attachments
Board of Supervisors: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr., Liz KniSS
County Executive: Richard wittenberg
SITUS
22766 ALCALDE
11475 CANYON
10545 CORDOVA
10625 CORDOVA
10635 CORDOVA
10676 CORDOVA
11457 LINDY
21849 LINDY
22O41 LINDY
22081 LINDY
22821 MERCEDES
11640 REGNART
22584 RICARDO
22620 RICARDO
22570 SAN JUAN
22586 SAN JUAN
22590 SAN JUAN
22620 SAN JUAN
22645 SAN JUAN
22681 SAN JUAN
22715 SAN JUAN
RD
CIR
RD
RD
RD
RD
PL
LN
LN
LN
RD
DR
RD
RD
RD
RD
RD
RD
RD
RD
RD
APN
342-44-008
356-27-024
342-44-040
342-22-103
342-22-043
342-17-051
356-24-003
356-25-022
356-27-012
356-27-014
342-22-090
366-33-006
356-01-005
356-01-034
342-18-020
342-18-019
342-18-017
342-18-012
342-17-067
342-17-079
342-17-063
2002 Hazardous Veget~ ~ Management Program
Brush Program Commencement Report
Properties with Potential Hazards
City of Cupertino
OWNER
RICHARD 2. & NELLIE GRACIA
PT YUNG
YOUNG C. KlM
ROSANNA H. HO
RICHARD & NANCY K.
ROBERT S. & DORIS C. IOCOBS
BOITANO TRUST
BARRY M. & SUZETTE K. PANGRLE
PHILIP ARAMOONIE
1997 ISAHAK
RADA
PT DECARLI
DAVID R. & |ANATHA M. MCKIM
GENEVA S. GUIDOTTI
HENRY |. SEVERIN C/O SCC
ROBERT 1. & LINDA M. KRESGE
BRUCE D. & VICKI C. BEISER
GABRIELE L. RICO
EVA |. MULLEN
HAZE
T. S. & MIRIAM TABA
ADDRESS
22766 ALCALDE RD
11475 CANYON VIEW CIR
22714 ALCALDE RD
10625 CORDOVA RD
10635 CORDOVA RD
10676 CORDOVA RD
11457 LINDY PL
21849 LINDY LN
22041 LINDY LN
22081 LINDY LN
22321 MERCEDES RD
11640 REGNART CANYON
22584 RICARDO RD
22620 RICARDO RD
PO BOX 1708
22586 SAN JUAN RD
22550 SAN JUAN RD
22620 SAN JUAN RD
22645 SAN JUAN RD
22681 SAN JUAN RD
22715 SAN JUAN RD
crrY
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
SAN JOSE
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CUPERTINO
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
ZIP
95014-3905
950144849
95014-3905
95014-3911
95014-3911
95014-3912
950144814
950144850
950144851
950144851
95014
950144830
95014-5412
95014-5447
95109
95014-3936
95014-3936
95014-3933
95014-3932
95014-3932
95014-3932
Report Date: 511612002 Santa Clara County Hazardous Vegetation Management Program
County of Santa Clara
Ellvironmental Resources Agellcy
Fire Marshal's Office - Santa Clara County Fir(~ Dc-parmlenl
Counly Government Cellter, Ea~l WJllg
70 W~SI Hedding Slre~t. 711~ Floor
San Jose. California 9511 ~ 1705
(~8) 299-3~5 FAX 279-8537
Receipt for Hazardous Vegetation Management Program
Brush Program Commencement Report
It is necessary for the Santa Clara County Fire Marshal's Office to receive a signature
acknowledging receipt of the 2002 Brush Program Commencement Report for the City
of Cupertino. Please sign and mail back this receipt to the Department listed above.
Please provide for posting this list for public viewing. The list should be removed from
posting once the public hearing ordering the abatement of weeds, brush and rubbish
has concluded.
Please call (408) 299-5769 if you have any questions.
Thank You.
Signature ~.~,~b~-----%~. ~~,-~ ~ Date
Name & Title ~ tFOLC ~ ,~IA_~ 1~ ~~
(Please ~nt) ~ [
[h),lr(I (}l .%1 [)('rvi.'.,()r~,: I )~*llal(I I: (htl4t-. I~,hlllt',l ,.\l\',thl~l~ ~. I '{~l(.' Mil h~,',4lT..hilll('?, 'l' l~('dli .Ir.
C(Xlllty l~xc('uliv(~: I{l('har(I \Vill(qll~'r~
County of Santa Clara
Environmental Resources Agency
Fire Marshal's Office - Santa Clara County Fire Department
County Government Center, East Wing
70 West Hedding Street, 7th Floor
San Jose. Califomia 9511 O- 1705
(408) 299-5760 FAX 279-8537
Dear Property Owner:
Your property has been placed on the Special Assessment Tax Roll for hazardous
vegetation abatement services pursuant to Section 9.08 of the Cupertino Municipal Code.
An assessment list, posted at City Hall, provides information regarding specific charges.
Charges to your property can be located on the list using the parcel number.
If you have any questions please call the Hazardous Vegetation Management Division at
the Santa Clara County Fire Marshal's Office, (408) 299-5765. Your call will be
returned within three business days.
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED
ABATEMENT
NOTICE IS HEREBY GIVEN that on June 7, 2002, the County Fire Marshal fled with
the City Clerk a report and assessment of abatement of weeds within the City, copies of
which are posted in the main lobby o the city offices.
NOTICE IS FURNTER GIVEN that on June 17, 2002, at the hour of 6:45 p.m. in the
chambers of the City Council said report and assessment list will be presented for
consideration and confirmation, and that any and all persons interested, having any
objections to said report and assessment list, or to any matter or thing contained therein,
may appear at said time and place and be heard.
Dated this third day of June 2002.
Hazardous Vegetation Program Coordinator
1~,, ~,ml ;~1%Ulx-rvi~,,~)rs: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr.. Llz Kniss
( ~ ~.lll!~.' 1~x¢'¢ tltiv{.': Richard Wittenberg
County of Santa Clara
Environmental Resources Agency :
~'~ire Marshal's Office - Santa Clara County Fire Department
,20unty Government Center, East Wing
70 west Hedding Street. 7th Floor
San Jose. California 95110-1705
(408) 299-5760 FAX 279-8537
May 31, 2002
ROBERT S. & DORIS C. JOCOBS
10676 CORDOVA RD
CUPERTINO, CA 95014-3912
Subject: Brush Abatement Commencement Hearing Notice Correction APN: 342-17-051
Dear Robert J. & Linda M. Kresge:
Recently you received a letter from this office dated June 3, 2002, regarding the upcoming hearing for the brush
abatement program in your city. Due to a mistake in communication on the part of my office, the letter contained
incorrect information. I would like to take this opportunity to apologize for any inconvenience or alarm that the
letter may have caused.
The intent of the letter was to give you notice of an upcoming hearing to be held cn June 17, 2002 at 6:45 PM at the
Cupertino City Council Chambers. The purpose of this hearing is simply to declare dangerous brush to be a
hazard, order abatement (if necessary), and g~ve you the opportunity to voice any objections to the proposed
removal of such hazardous brush. This is a routine hearing process, and is required by law.
To give you a little background, your property was placed on a list submitted to us by the Fire Department because
at the time your property was inspected, a hazard was observed. These inspections occur in April and May, and in
most cases, we find that property owners remove hazards promptly when notified by the Fire Department due to
their concern for the safety of their home ,'md for the community. However, in order for the program to move
forward, a hearing is required, after which a second inspection is conducted by a Hazardous Vegetation Inspector
from this office. Abatement work is only ordered if a hazard still exists at the time of this second inspection. I f
no hazard is observed when our inspectors visit your property, you will simply be dropped from the program.
The city has been notified of this issue, and steps have been taken to ensure that it does not occur in the future.
Again, please accept my apology for our previous letter. Should you have any additional questions, please do not
hesitate to contact me at (408) 299-5761. Thank you.
Assistant Fire Marshal
Santa Clara County
c:
D. Mattern, County Fire Department
G. Johnson, City Clerk's Office
G. Van Wassenhove, County of Santa Clara
Board of Supervisors: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr.. Liz Kniss
County Executive.: Richard Wittenberg
RESOLUTION NO. 02-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING BRUSH AND WEEDS GROWING O-N CERTAIN DESCRIBED
PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR
OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, weeds and brush are growing in the City of Cupertino upon certain sweets,
sidewalks, highways, roads and private property; and
WHEREAS, said weeds and brush may attain such growth as to become a fire menace or which
are otherwise noxious or dangerous; and
WHEREAS, said weeds and brush constitute a public nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as
follows:
1. That said weeds and brush do now constitute a public nuisance;
That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property
more particularly described by common names or by reference to the tract, block, lot, code area,
and parcel number on the report to be provided by the Fire Marshal;
That the 17th day of June, 2002, at the hour of 6:45 p.m., or as soon thereafter as the matter can be
heard, at the Council Chambers in the City Hall, City of Cupertino, are hereby set as the time and
place where all property owners having any objections to the proposed removal of such weeds
and brush may be heard;
That the Senior Building Inspector-Fire Marshal is hereby designated and ordered as the person to
cause notice of the adoption of this resolution to be given in the manner and form provided in
Sections 9.08.040 of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cupertino this 20th day
of May, 2002, by the following vote:
Vote Members of the City Council
AYES: Lowenthal, Chang, James, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
AII'EST:
/s/Kimberly Smith
City Clerk
APPROVED:
/s/Richard Lowenthal
Mayor of Cupertino
CITY OF
cu,er no
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
(408) 777-3262
FAX: (408) 777-3366
SUMMARY
Agenda Item
Date: June 12, 2002
Subject: Consider endorsement of HR 4058 to achieve parity between the immigration status
required for airport employment and military service.
Background: H.R. 4058, the Military Standards for Airport Security Screeners Act - Amends
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) require the
Immigration and Naturalization Service, upon a Federal agency airport security screener-related
inquiry, to verify whether an alien has an immigration status that would render such alien eligible
to serve in the United States Armed Forces; and (2) state that such an alien's immigration status
would not would make him or her ineligible for an airport security screener's position.
Amends the Immigration and Nationality Act to provide for naturalization through active-duty
service during: (1) Operation Joint Endeavor in Bosnia (such period to begin as of December
1995); (2) Operation Allied Force in Kosovo (such operation to begin as of March 1999); or (3)
Operation Enduring Freedom in Southwest Asia (such period to begin as of September 2001).
On May 6, 2002, H.R. 4058 was referred to the House Subcommittee on Immigration and
Claims. 34 other members of congress have cosponsored the bill. The bill has also been endorsed
by both the Daly City and San Jose city councils.
Recommendation: Endorse H.R. 4058 and authorize the Mayor to send letters of support to state
legislators and staff.
Submitted by: ~
Public Information Officer
Approved for submission:
David Knapp
City Manager
Bill Summary & Status rage
Bill Summary & Status for the 107th Congress
NEW SEARCHI HOME I HELP
H.R.4058
Sponsor: Rep Lofgren, Zoe(introduced 3/20/2002)
Related Bills: H.R.3959
Latest Major Action: 5/6/2002 Referred to House subcommittee. Latest Status: Referred to the
Subcommittee on Immigration and Claims.
Title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require
the Immigration and Naturalization Service to verify whether an alien has an immigration status
rendering the alien eligible for service in the Armed Forces of the United States and to achieve parity
between the immigration status required for employment as an airport security screener and the
immigration status required for service in the Armed Forces, and to amend the Immigration and
Nationality Act to permit naturalization through active-duty military service during specified military
operations.
Jump to: Titles, Statt~, Committees, Related Bill Details, Amendments, Cosponsors, Summary
TITLE(S): (italics indicate a title for a portion of a bill)
· SHORT TITLE(S) AS INTRODUCED:
Military Standards for Airport Security Screeners Act
OFFICIAL TITLE AS INTRODUCED:
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require
the Immigration and Naturalization Service to verify whether an alien has an immigration
status rendering the alien eligible for service in the Armed Forces of the United States and to
achieve parity between the immigration status required for employment as an airport security
screener and the immigration status required for service in the Armed Forces, and to amend the
Immigration and Nationality Act to permit naturalization through active-duty military service
during specified military operations.
STATUS: (color indicates Senate actions)
3/20/2002:
Referred to the Committee on the Judiciary, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction of the committee
concemed.
3/20/2002:
Referred to House Judiciary
5/6/2002:
Referred to the Subcommittee on Immigration and Claims.
3/20/2002:
Referred to House Transportation and Infrastructure
3/21/2002:
Referred to the Subcommittee on Aviation.
COMMITTEE(S):
Committee/Subcommittee:
House Judiciary
Subcommittee on
Immigration and Claims
House Transportation and
Infrastructure
Subcommittee on Aviation
Activity:
Referral
Referral
Referral
Referral
RELATED BILL DETAILS: (additional related bills may be indentified in Status)
Bill: Relationship:
H.R.3959 Related bill identified by CRS
AMENDMENT(S):
***NONE***
COSPONSORS(34), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Abercrombie, Neil - 3/20/2002
Rep Davis, Tom - 3/20/2002
Rep Eshoo, Anna G. - 3/20/2002
Rep Filner, Bob - 3/20/2002
Rep Honda, Michael M. - 3/20/2002
Rep Lee, Barbara - 5/23/2002
Rep McDermott, Jim - 5/20/2002
Rep Menendez, Robert - 3/20/2002
Rep Miller, George - 3/20/2002
Rep Moran, James P. - 3/20/2002
Rep Pastor, Ed - 3/20/2002
Rep Reyes, Silvestre - 5/23/2002
Rep Roybal-Allard, Lucille - 3/20/2002
Rep Serrano, Jose E. - 3/20/2002
Rep Stark, Formey Pete - 3/20/2002
Rep Tierney, John F. o 5/21/2002
Rep Woolsey, Lynn C. - 3/20/2002
SUMMARY AS OF:
Rep
Rep
Rep
Rep
Rep
Rep
Rep
Rep
Berman, Howard L. - 3/20/2002
Dooley, Calvin M. ~ 3/20/2002
Farr, Sam - 3/20/2002
Frank, Barney - 3/20/2002
Lantos, Tom - 3/20/2002
Matsui, Robert T. - 3/20/2002
McKinney, Cynthia A. - 5/20/2002
Millender-McDonald, Juanita - 3/20/2002
Rep Mink, Patsy T. - 3/20/2002
Rep Owens, Major R. - 3/20/2002
Rep Pelosi, Nancy - 3/20/2002
Rep Rothman, Steve R. - 3/20/2002
Rep Sanchez, Loretta - 3/20/2002
Rep Soils, Hilda L. - 3/20/2002
Rep Thompson, Mike - 3/20/2002
Rep Underwood, Robert A. - 5/23/2002
Rep Wu, David - 3/20/2002
3/20/2002--Introduced.
Military Standards for Airport Security Screeners Act - Amends the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 to: (1) require the Immigration and Naturalization Service,
upon a Federal agency airport security screener-related inquiry, to verify whether an alien has an
tqm3
Bill Summary & Status I-'age o o~ .~
immigration status that would render such alien eligible to serve in the United States Armed Forces;
and (2) state that such an alien's immigration status would not would make him or her ineligible for
an airport security screener's position.
Amends the Immigration and Nationality Act to provide for naturalization through active-duty service
during: (1) Operation Joint Endeavor in Bosnia (such period to begin as of December 1995); (2)
Operation Allied Force in Kosovo (such operation to begin as of March 1999); or (3) Operation
Enduring Freedom in Southwest Asia (such period to begin as of September 2001).
CITY OF
CUPE INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3212
FAX: (408) 777-3366
davek~cupertino.org
OFFICE OF THE CITY MANAGER
STAFF REPORT
Agenda Item Number
Agenda Date: June 17, 2002
SUBJECT AND ISSUE
Consider removing the restriction on skateboarding in the Civic Center area.
BACKGROUND
Our code prohibits skateboarding in the Civic Center Plaza (City Hall, Library area). This Council has
expressed interest in increasing the number of people who use this facility, and Mayor Lowenthal has
suggested that skateboarding be pe~wnitted. There seems to be some demand for skating in the
southwest comer of the sunken area between City Hall and the Library.
Apparently, the ordinance was enacted because skateboarding in the Civic Center complex was
creating safety concerns, and city staff received complaints.
On the positive side, our skaters would be able to enjoy the use of our public facility, the space would
be enlivened by greater use, and young people might feel more appreciated and recognized.
On the downside, skating is inherently risky, and accidents could occur. This is particularly tree when
skaters grind on the handrails on the outside of the Library leading to the lower level. At least one
accident of this sort has occurred in the last three months. Further, those who feel an aversion to skaters
may be discouraged from using the space. Pedestrians, especially younger and older pedestrians, could
also be at risk if skating occurs in or around the doors to City Hall and the Library. Finally, while
damage to the concrete is unlikely, grinding by skaters mars the appearance of the concrete and
handrails.
If Council wishes to permit skating in the Civic Center Plaza, the action would be to delete section
11.08.270 "Prohibition of skateboarding and roller skating" of the Municipal Code.
RECOMMENDATION
If City Council wishes to permit skating in the Civic Center Plaza, instruct staff to come back with an
ordinance to delete or modify section 11.08.270 of the Municipal Code.
Respectfully submitted:
David W. Knapp, City Manager
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimbcrlys~¢upcrtino.org
Agenda Item No. [(~
OFFICE OF THE CITY CLERK
SUMMARY
Meeting Date: June 17, 2002
SUBJECT
Consider acquiring public sculpture and confirm site selection and public input process.
BACKGROUND
At the May 20 Council meeting the Fine Arts Commission recommended five pieces of
sculpture.
On June 6 the Commission presented a proposal to the Parks and Recreation Commission (see
attached PowerPoint presentation) as an informational item. If the Council would like a specific
recommendation from the Parks and Recreation Commission, the Commission can take up the
matter again on July 11.
City Council members had an opportunity to view some of the original art June 6 through 11.
"Lyrical Reds" was on display at the entrance to City Hall, and a scale model of"Torque" was on
display in the lobby. "Strand" was available at the artist's studio, and the artist who made "#6
Mobile" had similar sculptures on display at DeAnza College. "Chair in Motion" was installed
in Petaluma, and a field trip can be arranged if Council desires.
If City Council .wishes to acquire one or more of these an works, the Fine Arts Commission will
return at the meeting of JUly 1 with recommendations regarding site(s). With Council approval, a
public hearing will be held at the site(s) with the actual sculpture if possible, or a poster-sized
rendering.
FINANCIAL IMPACT
Funding of $100,000 is currently available in the Capital Improvement Program budget from art
in-lieu fees paid by Apple Computer.
Additional funding may be available in the future if a Percent for Art program is adopted by the
City Council as part of the General Plan amendment. This would require future developers
(including the City) to provide public an with a value of at least one percent of the construction
budget.
Pnnted on Recycled Paper I ~j~ --I
RECOMMENDATION
Page 2
Provide direction regarding the following:
A. Does the City Council wish to acquire one or more of the five artworks
recommended by the Fine Arts Commission?
Does the City Council wish the Fine Arts Commission to continue searching for
additional artworks for Council consideration in coming months?
If Council chooses one or both of the above, staff and the Fine Arts Commission will
recommend appropriate location(s) and advertise public hearings.
Submitted by:
Approved for submittal:
Kimberly Smith~ty Clerk
Dav~ff~app, City Manager
Attachments: A. PowerPoint Slide Presentation to Parks and Recreation Commission
Fine Arts Commission Report to the
Parks and Recreation Commission of
Cupertino
June 6, 2002
Overview
· Public Art Program brief review
· Potential Sites for Artwork Placement
· Artwork Acquisition
Process
Artworks
· Conclusion
Q&A
2
Why Public Art?
· Expresses the City's innovative spirit and
establishes a visual identity
· Creates good public relations within the
community
· Revitalizes and enhances the environment
· Inspires individual participation
· Promotes dialogue
~3
Public Art Program
Phased Program
- Developing a plan for public art to
phases on public lands.
Policy
- Have adopted "Guidelines for Selection of
Funding
be installed in
Public Art"
- Have submitted to the General Plan Update a proposal
for Public Art Funding via a "percent for art" program
~ City has available a $100,000 fund in the Capital
Improvement Program budget.
4
Potential Sites for Artwork
Placement
Quinlan Center
Memorial Park
Senior Center
Sports Center
City Hall
Jollyman Park
Other locations to be identified
5
Why these sites?
· Public lands are currently available
· High profile locations provide visual
identity for the City
Other sites will require further research and
may require coordination with other
agencies or homeowners associations
6
Sites 1-4 (Quinlan Center)
1 -Quinlan Ctr. entry- right ·
2 - Quinlan Ctr. - left ·
3 - Comer of Stelling & Alves
4 - Lawn at Quinlan Ctr. rear
Entry
Plaza with fountain
© ®
Pa~king ~ea
Alves St.
Site 5 (Quinlan Center)
Between the Quinlan Center &
Memorial Park on grassy knoll
M~mo*lal Pa,k
Pond
Oassy knoll
Grass lawn
Qulnlan Center
Parking Area
Aires St
to Stelling Rd. ~
Sites 6, 7 (Senior Center)
· 6 - In front of Senior Center at the comer of
Stevens Creek & Mary Ave.
· 7 - On lawn in front of the Senior Center
Mary Ave.
[]
Senlo[ Ce
ODD
Memorial Park
9
Sites 8,9 (Sports Center, City Hall)
8 - At the front of the Sports
Center on the comer of Stevens
Creek Blvd. & Stelling Rd.
9 - At the City Hall on the comer
of Torre Ave. & Rodrigues Ave.
Sporcs Center
Tennis Courts
Stevens Creek Blvd.
Cupertino Sports Center Sign
·
Cupertino Oty Hall Sign
Cupertino
City Hall
bjpsite s._H_8,g_sp or t ~, d tyhall
10
Site 10 (Jollyman Park)
At the entry of Jollyman Park on Stelling Rd.
Stop
Sign
Entry '
Jollyman ~--~k' "
C~_.., . Pl~y Area )
.
Gr,,ss lawn ' ~ eGr:ve of tr2
Parking Area
alkway
Field
11
Artwork Acquisition
"Call for Artists"
18 responded
· Review of submittals
Slides, resumes, publications
12
Evaluation and Selection of
Artwork
Criteria based on "Guidelines for Selection
of Public Art"
Diversity of styles, subject matter, materials
· Examined installation methods, vandalism,,
safety and maintenance issues
5 best artwork selections
13
Selection 1
Artist Name: Motosuke Ohtake,
M.F.A., San Francisco Art Institute
Title/Date: #6 Wind-driven Mobile,
2001
Medium: Stainless steel
Size: 1 l'x6'x3' including pole bas. e
Price: $10,550 includes installation
Artist Statement: "The study of
physics is a key element in creating
this work, where the manifestation of
energy and the pieces interact with
nature."
14
Selection 1 on Site 5
Between Quinlan Center
& Memorial Park On
grassy knoll
~Aemodal ~ark
Pond
)/I~c~lcArea
Grass lawn
Qulnlan Center
Parklr~ Area
// Alves St,
Rd. ~
Selection 2
Artist Name: David Middlebrook,
M.F.A., Univ. of Iowa
Title/Date: Strand, 2001
Medium: Bronze and stone
Size: 10'x9'x2'
Price: $22,000 includes
installation
Artist Statement: "I have become
at one with the technical and
esthetic challenges of combining
natural materials with intellectual
and emotional content."
16
Selection 2 on Site 10
J°llyEm a,rid ,.
Entry to Jollyman Park
on Stelling Rd.
17
Selection 3
Artist Name: Robert W. Ellison,
M.F.A. Michigan State Univ,
Title/Date: Torque, 2000
Medium: Stainless steel, paint
Size: 9'x3'x3'
Price: $'19,500 includes installation
Artist Statement: "The sculpture I
produce is colorful, joyous,
animated and interactive."
18
Selection 3 on Site 8
Sports Center
Tennis Courts
Stevens Creek Blvd.
Cupertino Sports Center Sign
At the front of Sports Center
on the comer of Stevens
Creek Blvd. & Stelling Rd.
bj p~t es_H_8,O_s~ovts, Ot yha, ] 9
Selection 4
Artist Name: Lori Kay, B.A.
Univ. of California, Santa Cruz
Title/Date: Chair in Motion
Medium: Brass
Size: 10'x2'x8'
Price: $20,000 includes
installation
Artist Statement: "[This is a]
whimsical running chair- as if
inanimate objects have to chase
time to keep up with the high tech
fast-Paced location we live in."
Selection 4 on Site 4
At the rear of Quinlan
Center on the lawn
21
Selection 5
Artist Name: Nick Lomoro
Title/Date: Lyrical Reds, 1999
Medium: Steel, powder coated
baked paint finish
Size: 8'x6'x6'
Price: $14,750 includes
installation
Artist Statement: "My sculptures
arise from a core of inexhaustible
awe about the miracle of life...
color, form [and of] architecture."
22
Selection 5 on Site 1
c .) C ~
At the right of the
Quinlan Center emry
Review
· Public Art Program
· Potential Sites for Artwork Placement
· Artwork Acquisition
Process
Artworks
· Request for Feedback
-Q&A
24
ORDINANCE NO. 1897
AN ORDINANCE OF THE CITY COUNCIL OF T-HE CITY OF
CUPERTINO AMENDING CHAPTERS 3.22 and 3.23 OF THE
CUPERTINO MUNICIPAL CODE REGARDING PURCHASING OF
SUPPLIES, EQUIPMENT AND SERVICES
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
Section I Amendments to Chapter 3.23
CHAPTER 3.22 is hereby amended to read as follows:
1. The title of Chapter 3.22 is amended to read "Purchase
of Supplies, Materials, Equipment and Services"
2. Section 3.22.010 is amended to read as follows:
3.22.020 Definitions
I. "Bid" means any proposal submitted to the City in competitive bidding for
City purchases and contracts for supplies, materials, equipment, and/or services.
2. "Lowest responsible bidder" means the lowest monetary bidder who has
demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and
experience to satisfactorily perform the contract.
3. "Purchases" Purchases of supplies and equipment shall include leases or rentals, as
well as transactions by which the City acquires ownership.
4. "Purchasing Officer" means the City Manager or any other official or officials
designated in writing by the City Manager for administration of this Chapter.
5. "Services" means any and all services including, but not limited to, equipment
service contracts. The term does not include services rendered by City officers or
employees, or professional or other services which are by nature unique or for which the
procedure for procurement is specifically provided by law.
6. "Supplies," "materials" and "equipment" means any and all articles, things or
tangible personal property fumished to or to be used by the City.
PC/DIR/O/O/C22602
Ordinance No. 1897
3. Section 3.22.060 is hereby amended to read:
DRAFT
3.22.060 Purchasing Requirements
A. Open Market Purchases
The Purchasing Officer may award contracts or issue purchase orders or check
requests for the acquisition of supplies, materials, equipment or services in the
open market without observing the competitive bidding procedure contained in this
Chapter when the dollar value will forseeably equal, or be less than, the amount for
public works contracts described in section 22032(a) of the Public Contracts Code.
B. Purchases Approved by City Council -Application of Formal Competitive
Bidding Procedures
In instances where the acquisition of supplies, materials, equipment or services will
foreseeably result in the issuance of a purchase order, check request, or the award
of a contract with a dollar value in excess of the required dollar value for public
works contracts described in section 22032(b) of the Public Contracts Code, such
will be authorized only by action of the City Council.
Such action shall be taken after the formal competitive bidding procedures
described in this section are followed, unless pursuant to a written recommendation
of the City Manager, the City Council finds that the use of the formal competitive
bidding procedure is not practical due to limitations on source of supply, necessary
restrictions in specifications, necessary standardization, quality considerations, or if
other valid reasons for waiving the formal competitive bidding process procedures
appear. Upon making such a finding, the Council may direct the Purchasing
Officer to dispense with the formal competitive procedure and make the purchase
on the open market or through any other procedure which meets the City's
requirements.
C. Formal Competitive Bidding Procedures
The formal bidding procedures required for purchases described in Section
3.22.060B are as follows:
1. Notice Inviting Bids
a. Notice inviting bids shall include:
1) A distinct description of the supplies, materials, equipment, or services to
be purchased;
2) The location where bid blanks, specifications, and requests for proposals
may be secured;
3) The time and place for opening bids;
4) A statement that the City has the authority to reject any and all bids and
may waive any minor technicality or variance found in a bid document.
b. The notice inviting bids shall be published at least fourteen calendar days
before the date of opening of bids in a newspaper of general circulation
printed or published in the City of Cupertino. Such notice may also be mailed
pc/dir/ord/ocp32602 2
Ordinance No. 1897
DRAFT
to any vendor or provider, which the Purchasing Officer has reason to believe
may be in a position to provide the subject supplies, material, equipment or
services to the City. _
Opening of Bids
Bids shall be opened in public by the City Clerk at the time and place stated in
the notice inviting bids. A tabulation of all bids received shall be open for
public inspection during regular business hours for a period of not less than
fifteen calendar days after the bid opening. Any bid which is received after the
time specified in the notice shall be returned un-opened.
Award of Contract
Contracts shall be awarded by the City Council to the lowest responsible bidder
except as otherwise provided in this Chapter.
4. Award to Next Lowest Bidder - Failure to Execute Contract
The City Council may, on refusal or failure of the successful bidder to execute
the contract within ten days after the date the notice of award of contract is
mailed, unless the City is responsible for the delay, award it to the next lowest
responsible bidder.
5. Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible -
Notice and Hearing
A. The City Council, in its sole discretion, may reject the lowest monetary bid
for purchases of supplies, materials, equipment, or services upon a specific
finding that the lowest monetary bidder is not responsible. To determine
responsibility, the City Council may consider, among other things, the bidder's
financial responsibility, level of experience, and whether the bidder has failed to
complete or deliver any supplies, materials, equipment or services in other
projects.
B. If the City Council rejects the lowest bid upon its determination that the
lowest bidder is not responsible, the City shall:
1) Give notice of ~.he City Council's decision to the lowest monetary bidder,
setting
forth the reasons why the bidder is not considered the lowest responsible
bidder;
2) Give the bidder the opportunity to ask for a pre-award hearing before the
City Council on the issue;
3) If the hearing is requested, agendize the matter before the City Council,
giving written notice of such hearing to all bidders.
4) After hearing, the City Council shall make a finding, supported by the
evidence on the record as to the non-responsibility of the lowest monetary
bidder.
pc/dir/ord/ocp32602
Ordinance No. 1897
DRAFT
6. Reiection of Bids - Identical Bids - Absence of Bids
The City Council, in its sole discretion, may:
a. Reject any bids presented and re-advertise_ for new bids
b. Reject any bid that fails to meet the requirements of the formal bidding
procedure in any respect.
c. If two or more bids are the same and the lowest, the City Council may
accept the one it chooses.
d. If no bids are received, the City Council may direct the Purchasing Officer
to purchase the supplies, materials, equipment or services without further
adherence to the formal bidding procedures.
e. Waive any minor irregularities or variances in any bid received.
D. Informal Competitive Bidding Procedures
In instances where the purchase of supplies, materials, equipment, or services
will forseeably result in the issuance of a purchase order, check request, or the
award of a contract with a dollar value of greater than the amount for public
works contracts described in section 22032(a) of the public contract code but
equals, or is less than the amount for public works contracts described in section
22032(b) of the public contracts code, the Purchasing Officer may award
contracts or issue purchase orders or check requests for the purchase of supplies,
materials, equipment or services.
Such action shall be taken only after the informal competitive bidding procedure
described in subsection E below is followed unless the City Manager finds in
writing that the use of the informal competitive bidding procedure is not
practical due to limitations on source of supply, necessary restrictions in
specifications, necessary standardization, quality considerations, or if other valid
reasons for waiving the informal competitive bidding process procedure appear.
Upon making such a finding, the City Manager may direct the Purchasing
Officer to dispense with the informal competitive bidding procedure and make
the purchase on the open market or through any other procedure which meets
the City's requirements.
Eo
Informal Competitive Bidding Procedure for Purchases Described in
Subparagraph D Above
1) The procedures described in subsections 3.22.060 Cl(a), C2 - C6 of this
Chapter are applicable except that the duties described thereunder which are
performed by the City Council are performed under these informal procedures
by the Purchasing Officer. Determinations of the Purchasing Officer are subject
to appeal pursuant to Chapter 1.16 of the City's ordinance code.
2) Publication of notice inviting informal bids is not required.
4. Section 3.22.070 is amended to read as follows:
3.22.070 Exemptions
pc/dir/ord/ocp32602 4
Ordinance No. 1897
DRAFt'
Notwithstanding any provision of this Chapter to the contrary, the Purchasing
Officer, with the written concurrence of the City Manager, is authorized to issue
a purchase order or check request, or award a contract, without adherence to the
other provisions of this Chapter under following instance:
A. Emergency Purchases
The immediate requirement of an item necessary for the continued
operation of a department or for the preservation of life or property shall
be deemed an emergency. A full report of the circumstances of
emergency purchase in excess of the amount described in subsection
3.22.060 (b) shall be filed with the City Council at its next regular
meeting after the purchase was made.
B. Recurring or Essential Services
Purchase orders, or check requests including payment of claims against
the City where reasonable advanced estimates of costs cannot be
determined for essential services of a recurring nature. Included, but not
limited to, this authorization are such items as utility services, approved
claims for liability under the City's insurance program, renewal
premium for authorized insurance policies, all expenditures for the
City's payroll and employee benefits and other matters involving
unknown estimates of costs.
C. Purchases From Other Public Agencies
Purchases of supplies, materials, equipment or services from any other
public agency created under the laws of the State of California or the
United States Government are exempt from the bidding requirements of
this Chapter.
D. Professional Services
Professional services including, but not limited to, services of lawyers,
architects, engineers, land surveyors, artists, and accounts are exempt
from the bidding requirements of this Chapter.
Section II Amendments of Chapter 3.23
CHAPTER 3.23 is hereby amended to read as follows:
1. Section 3.23.020 is amended to read as follows:
3.23.020 Definitions
As used in this Chapter, the following terms, phrases, words and their derivations
shall have the meanings given in this section:
1. "Bid" means any proposal submitted to the City in competitive bidding for the
construction, alteration, repair or improvement of any structure, building, road or other
improvement of any kind.
pc/dir/ord/ocp32602 5
Ordinance No. 1897
DRAFT
2. "Lowest Responsible Bidder" means the lowest monetary bidder who has
demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and
experience to satisfactorily perform the public works contra_ct sought.
3. "Public Works Contract" means an agreement for the erection, construction,
alteration, repair or improvement of any public structure, building, road or other public
improvement of any kind.
4. "Public Works Project" means:
a. The erection, improvement, painting or repair of public buildings and works;
b. Work to protect against overflow of streams, bays, waterfronts or embankments;
c. Street or sewer work except for maintenance or repair thereof;
d. Furnishing supplies or materials for any such project, including the maintenance
or repair of streets or sewers. (Ord. 1583 § 1 (part), 1992)
2. Section 3.23.030 is amended to read as follows:
Section 3.23.030 Competitive Bidding
Except as otherwise provided for in this Chapter, the public works projects with an
estimated dollar value equal to or in excess of the required dollar value for competitive
bidding established by section 22032(a) of the California Public Contracts Code, shall be
contracted for pursuant to the procedures prescribed in this Chapter.
3. Section 3.23.040A1 is amended to read as follows:
3.23.040 Notice Inviting Bids
The notice inviting bids shall be in the form and published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the public works project to be performed.
4. Section 3.23.050C is hereby amended to read as follows:
Upon award of the contract to the lowest responsible bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall
such security be held by the City beyond ninety days from the date the notice of award of
contract is mailed.
5. Section 3.23.100A is amended to read as follows:
3.23.100 Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible
- Notice and Hearing
A. The City Council, in its sole discretion, may reject the lowest bid upon specific
findings that the lowest bidder is not responsible. To determine responsibility, the City
Council may consider, among other things, the bidder's financial responsibility, type of
license, type of equipment, number of years experience in construction work, other projects
pc/dir/ord/ocp32602 6
Ordinance No. 1897
DRAFT
bidder worked on in the last five years, whether bidder has failed to complete any contract
and bidder's ability to be bonded.
6. Section 3.23.130 D is amended to read as follows:
D. Small Contracts
Any contract for public works projects with an estimated dollar value equal to or less
than the required dollar value for competitive bidding established by section 22032(a) of the
California Public Contracts Code.
Section III Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within 15 days
after its adoption, in accordance with Government Code Section 36933, shall certify to
the adoption of this ordinance and shall cause this ordinance and her certification,
together with proof of publication, to be entered in the Book of Ordinances of the
Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day
of June, 2002, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this __ day of__ 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
pc/dir/ord/ocp32602
RESOLUTION NO. 02-02
A RESOLUTION OF TIlE CUPERTINO REDEVELOPMENT AGENCY
ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR
2002-03 BY RATIFYING ESTIMATES OF REVENUES TO BE
RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR
SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH
CONDITIONS OF ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ration of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of' any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submitted his estimates of anticipated revenues and
fund balances, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency
does hereby adopt the following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in the Redevelopment Agency fund during fiscal year 2002-03 as submitted by the City
Manager in his proposed budget and as have been amended during the budget study sessions are
hereby ratified.
Section 2. There is appropriated from the fund the sum of money as determined
during the budget sessions for the purposes as expressed and estimated for each department.
Section 3. The City Manager is hereby authorized to administer and transfer
appropriations between Redevelopment Agency accounts within the Operating Budget when in
his opinion such transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to the
Cupertino Redevelopment Agency a quarterly revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
Resolution No. 02-02
DRAFT
Page 2
PASSED AND ADOPTED at a regular meeting of the-Cupertino Redevelopment Agency
this 17th day of June 2002, by the following vote:
Vote
Members of the Redevelopment Agency
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
Chairman, Redevelopment Agency
Secretary
THE
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Cupertino Teen Commission
Page 1 of 3
Click here to see a slide show of opening day
SCHEDULE
Sk8 schedule through June.
This schedule is updated regularly.
When I Where H Hours
Mondays: Valley Church 3 - 5:30 pm
June 3, 10,24 ~o~05 N. Stelling Road
Tuesday: The Oaks 12 to 6 pm
June 25
Wednesdays: Monte Vista Rec. Center 1:30 - 6 pm
June 19,26
Thursdays: Jollyman Park 1:30 - 6 pm
June 20,27
Fridays: Creekside Park 3 to 5:30 pm
June 7, 14 Miller Avenue
Friday: Creekside Park 12 to 6 pm
JuRe 28 Miller Avenue
Saturdays: Valley Church 12 - 5 pm
June 1, 8, 15 ~0885 N. Stelling Road
across from Homestead Bowling Lanes)
Saturdays: Valley Church 12 - 6 pm
June 22, 29 ~0885 N. Stelling Road
!(across from Homestead Bowling Lanes)
RULES
Sk8 is limited to roller blades and skateboards only. Bicycles and scooters not
allowed.
Helmet, kneepads, and elbow pads must be worn at all times.
Participants under 7 years must be supervised by an adult.
No food, gum, or drinks allowed inside the skate area.
http://www.cupertino.org/teens/skS/sk8 park_info.html 6/17/02
