04-02-19 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:00 PM
10350 Torre Avenue, Council Chamber
Tuesday, April 2, 2019
Amended Televised Special Meeting Study Session (5:00) and Regular Meeting (6:45)
Amended on 3/28/19 to add the Subject of Item #14 in the printed agenda packet
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, April 02, 2019, commencing at 5:00 p.m. in
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California
95014. Said special meeting shall be for the purpose of conducting business on the
subject matters listed below under the heading, “Special Meeting." The regular
meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber,
10350 Torre Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:00 PM
STUDY SESSION
1.Subject: Study Session regarding short-term rental (e.g. Airbnb) regulations
Recommended Action: Provide direction on regulation and enforcement of
short-term rentals in the City
Staff Report
A - Comparison of Jurisdictions Short-Term Rental Regulations
B - PC Resolution No. 6866 Recommending Adoption of STR Regulations
C - Redlined changes to 19.08, 19.12, 19.20, and 19.120
D - Online Community Survey Summary
E - Public Outreach Meeting Summary
ADJOURNMENT
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April 2, 2019City Council AGENDA
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Update regarding transportation project funding discussions with Apple,
Inc.
Recommended Action: Receive update and provide comment.
Staff Report
A - Apple letter dated July 30, 2018
B - Transportation Project List
C - Apple letter dated March 27, 2019
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted
on simultaneously.
2.Subject: Approve the March 19 City Council minutes
Recommended Action: Approve the March 19 City Council minutes
A - Draft Minutes
3.Subject: Accept Accounts Payable for the period ending December 07, 2018
Recommended Action: Adopt Resolution No. 19-025 accepting Accounts Payable for
the period ending December 07, 2018
A - Draft Resolution
B - AP Report
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April 2, 2019City Council AGENDA
4.Subject: Accept Accounts Payable for the period ending December 14, 2018
Recommended Action: Adopt Resolution No. 19-026 accepting Accounts Payable for
the period ending December 14, 2018
A - Draft Resolution
B - AP Report
C - AP Report MISC
5.Subject: Accept Accounts Payable for the period ending December 21, 2018
Recommended Action: Adopt Resolution No. 19-027 accepting Accounts Payable for
the period ending December 21, 2018
A - Draft Resolution
B - AP Report
6.Subject: Accept Accounts Payable for the period ending December 28, 2018
Recommended Action: Adopt Resolution No. 19-028 accepting Accounts Payable for
the period ending December 28, 2018
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for the period ending January 04, 2019
Recommended Action: Adopt Resolution No. 19-029 accepting Accounts Payable for
the period ending January 04, 2019
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending January 11, 2019
Recommended Action: Adopt Resolution No. 19-030 accepting Accounts Payable for
the period ending January 11, 2019
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending January 18, 2019
Recommended Action: Adopt Resolution No. 19-031 accepting Accounts Payable for
the period ending January 18, 2019
A - Draft Resolution
B - AP Report
10.Subject: Accept Accounts Payable for the period ending January 25, 2019
Recommended Action: Adopt Resolution No. 19-032 accepting Accounts Payable for
the period ending January 25, 2019
A - Draft Resolution
B - AP Report
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April 2, 2019City Council AGENDA
11.Subject: Set application deadline and interview dates for six terms expiring on the
Teen Commission
Recommended Action: Set application deadline and interview dates for six terms
expiring on the Teen Commission and approve:
1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 10; and
2.) Interviews held beginning at 3:30 p.m. on Tuesday, May 28 and Wednesday, May
29 (as needed)
Staff Report
A - Adopted Resolution Governing Teen Commission Recruitment
12.Subject: Fiscal year 2019-20 projects proposed to receive funding from the Road
Maintenance and Rehabilitation Account (RMRA), created by Senate Bill 1 (SB1).
Recommended Action: Adopt Resolution No. 19-033 to list all fiscal year 2019-20
projects proposed to receive RMRA funding, created by Senate Bill 1 (SB 1), and
reaffirm commitment to fund previously adopted projects with RMRA funding.
Staff Report
A - Draft Resolution
13.Subject: Conduit Lease Agreement to permit Crown Castle NG West, LLC to
utilize a section of conduit owned by the City of Cupertino and located along
Stelling Road, for the purposes of expanding their fiber optic network in exchange
for $12,600 of new conduits being installed in the City.
Recommended Action: Staff recommends that Council adopt Resolution No. 19-034
to authorize the City Manager to execute a Conduit Lease Agreement, in substantial
form as that attached, between the City of Cupertino and Crown Castle NG West,
LLC.
Staff Report
A - Draft Conduit Lease Agreement
B - Draft Resolution
C - Leased Conduit Exhibit
D - Equivalent New Conduit Exhibit
14.Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc.
for consultant services on 2019 Pavement Maintenance Projects
Recommended Action: Approve an Agreement between the City of Cupertino and
Pavement Engineering, Inc. (PEI) in the amount not to exceed $315,105.00 from the
date of execution through June 30, 2020, and authorize the Director of Public Works
to execute service orders necessary to carry out all consultant services under the
Agreement for the various street asphalt improvement projects
Staff Report
A - Draft PEI Master Agreement
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April 2, 2019City Council AGENDA
15.Subject: First Amendment to the Verizon Wireless Ground Lease to facilitate
improvements necessary to collocate AT&T facilities on the existing cell tower
located on the Civic Center Property (10300 Torre Avenue), subject to the terms
of any previously issued City planning permits.
Recommended Action: Staff recommends that Council adopt Resolution No. 19-035
to authorize the Interim City Manager to execute a First Amendment to the Antenna
Ground Lease between the City of Cupertino and GTE Mobilnet of California
Limited Partnership d/b/a Verizon Wireless
Staff Report
A – First Amendment Draft Lease
B – Draft Resolution
C – Photo Simulations of Completed Tower
D – Original Lease
E - Resolutions and Staff Report for Original Tower Application
STUDY SESSION
16.Subject: Presentation and study session on City’s updated financial forecast and
capital financing options.
Recommended Action: Receive presentation from UFI (Urban Futures, Inc.) and
provide direction to staff.
Staff Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
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April 2, 2019City Council AGENDA
17.Subject: FY 2019-20 Community Development Block Grant (CDBG) Program,
Below Market Rate (BMR) Affordable Housing Fund (AHF), and General Fund
Human Service Grants (HSG) Program funding allocations
Recommended Action: 1. Adopt Resolution No. 19-036 approving the FY 2019-20
CDBG, BMR AHF, and HSG funding allocations.
2. Authorize the City Manager to negotiate and execute FY 2019-20 CDBG, BMR
AHF, and HSG grant agreements
Staff Report
A - Draft Resolution
B - FY 2019-20 NOFA RFP
C - FY 2019-20 CDBG, BMR, and HSG Grant Application Descriptions
D - Housing Commission Resolution 19-01
E - Sample CDBG Capital Housing Project Grant Agreement
F - Sample CDBG Public Service Grant Agreement
G - Sample BMR AHF Public Services Grant Agreement
H - Sample HSG Grant Agreement
ORDINANCES AND ACTION ITEMS
18.Subject: 2019 General Plan Annual Progress Report (Application No.(s):
CP-2019-01; Applicant(s): City of Cupertino; Location: Citywide)
Recommended Action: That the City Council accept the General Plan Annual
Progress Report.
Staff Report
A - 2019 Implementation Plan
19.Subject: Approve the City Work Program for FY 2019-20
Recommended Action: Approve the City Work Program for FY 2019-20
Staff Report
A - Proposed FY 2019-20 City Work Program
B - FY 2018-2019 City Work Program items Completed or Cancelled
C - Community Engagement Work Program Memo
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April 2, 2019City Council AGENDA
20.Subject: Consideration of resolution to change the order of business for Regular
City Council meetings to move "Reports by Council and Staff" ahead of "Oral
Communications" (continued from March 19)
Recommended Action: Rescind Resolution No. 11-176 and adopt Resolution No.
19-024 changing the order of business for Regular City Council meetings to move
"Reports by Council and Staff" ahead of "Oral Communications"
Staff Report
A - Adopted Ordinance No. 11-2081
B - Adopted Resolution No. 11-176
C - Draft Resolution
REPORTS BY COUNCIL AND STAFF
21.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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April 2, 2019City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City
Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?
page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the City Council concerning any item
that is described in the notice or agenda for this meeting, before or during
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April 2, 2019City Council AGENDA
consideration of that item. If you wish to address the Council on any issue that is on
this agenda, please complete a speaker request card located in front of the Council,
and deliver it to the Clerk prior to discussion of the item. When you are called, proceed
to the podium and the Mayor will recognize you. If you wish to address the City
Council on any other item not on the agenda, you may do so by during the public
comment portion of the meeting following the same procedure described above. Please
limit your comments to three (3) minutes or less.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-4911 Name:
Status:Type:Study Session Agenda Ready
File created:In control:1/23/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Study Session regarding short-term rental (e.g. Airbnb) regulations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Comparison of Jurisdictions Short-Term Rental Regulations
B - PC Resolution No. 6866 Recommending Adoption of STR Regulations
C - Redlined changes to 19.08, 19.12, 19.20, and 19.120
D - Online Community Survey Summary
E - Public Outreach Meeting Summary
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Study Session regarding short-term rental (e.g. Airbnb) regulations
Provide direction on regulation and enforcement of short-term rentals in the City
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™10
Regulations: Part 1
City
Policy
Ordinance,
Etc.
Allowed Pay
TOT?
Permit, License,
Etc.
Short-Term
Rental Fee Renewal Application Requirements # of STR per
property
Dwelling Types
(Zones)
Hosted or
Unhosted Stays
Hosted Stays
# of days
Unhosted
Stays
# of days
Sunnyvale Ordinance
(Ord. 3509-15)Yes Yes Registration Yes N/A
* Host information
* Owner information,
* HOA letter of approval
* Other information as
requested.
N/A (controls
occupancy)
* Single-Family
* ADU
* Duplex
* Triplexes/Fourplexes
* Apartments
* Planned Residential
Development
Hosted only N/A Not allowed
Mountain
View
Ordinance
(no. 12.18)Yes Yes Registration and
business license Yes Annual
* Host information,
* Location of STR
* Anticipated frequency of
use,
* Local contact person,
* Acknowledgement of
regulation, and
* Other information as
requested.
N/A
* Single-Family
* ADU
* Duplex
* Triplexes/Fourplexes
* Apartments
* Planned Residential
Development
Both Unlimited days 60
San Jose Ordinance
(29523)Yes Yes Permitted N/A N/A N/A N/A
* Single-Family
* ADU
* Duplex
* Triplexes/Fourplexes
* Apartments
* Planned Residential
Development
Both Unlimited days 180
1
11
Regulations: Part 1
City
Policy
Ordinance,
Etc.
Allowed Pay
TOT?
Permit, License,
Etc.
Short-Term
Rental Fee Renewal Application Requirements # of STR per
property
Dwelling Types
(Zones)
Hosted or
Unhosted Stays
Hosted Stays
# of days
Unhosted
Stays
# of days
Los Gatos
Ordinance
introduced on
2/5/19
(waiting on
second
reading)
Yes Yes
Short-term rental
license and
business license Yes Annual
* Host information
* Location of STR
* Local contact,
* Acknowledgement of local
rules, occupancy and parking
limits,
* URLs for all advertisement
* Certificate of occupancy,
* HOA approval, and
* Any other pertinent
information requested,
* Subject to inspection.
One (1) per
property.
* Single-Family
* ADUs approved
before 2/6/2018
* Duplex
* Prohibited in
apartment complexes.
* Places a 5% cap of all
housing stock.
Both
180 nights. Each
listing shall
count as a night,
i.e. three
separate listing
for one night
will count as
three nights
30
Los Altos
Hills
Ordinance
(Ord. 575)Yes Yes
* Registration,
* Conditional STR
Permit if an
exception is
requested for:
either multiple
listings or
unhosted stays
Yes, includes
enforcement
costs
N/A
Online permit application via
hostcompliance.com:
* Two forms of proof of
primary residence
* Site plan indicating building
location, parking spots and
floor plans
* Local contact
* Guest handbook with rules
* Acknowledgment of rules
and regulations
* One (1) per
property.
* City may
consider
multiple listings
on a property
through the
Conditional STR
permit process
Single-family and
duplex
* Hosted only
* Unhosted
stays may be
considered
through a
Conditional STR
permit process
270
* Unhosted
stays may be
considered
through a
Conditional
STR permit
process
2
12
Regulations: Part 1
City
Policy
Ordinance,
Etc.
Allowed Pay
TOT?
Permit, License,
Etc.
Short-Term
Rental Fee Renewal Application Requirements # of STR per
property
Dwelling Types
(Zones)
Hosted or
Unhosted Stays
Hosted Stays
# of days
Unhosted
Stays
# of days
San Francisco
Ordinance
(Ord. 331-81,
Ord. 224.12)
Yes Yes Registration Yes Two-year
term
* Contain information
sufficient to show that the
residential unit is the primary
residence of the applicant.
* Demonstrate that the
applicant is the unit's
permanent resident
* The applicant has the
required insurance coverage
and business registration
certificate
*Five (5)
* Single-Family
* ADU
* Duplex
* Triplexes/Fourplexes
* Apartments
* Planned Residential
Development
Both Unlimited days 90
Palo Alto N/A No
Saratoga Policy No
Campbell Policy No
Santa Clara N/A No Yes
Los Altos
Policy and
Ordinance
(No. 2018-441
adopted
5.22.18)
No
3
13
Regulations: Part 2
City
Sunnyvale
Mountain
View
San Jose
Occupancy Limit Parking Requirements Commercial
Use
Revocation Authority/ Registration
Denial Permit Revocation Process Record of Compliance
* 4 persons
* Does not include minor
children with adult(s)
* No renting to minors
* No specific parking requirement.
* Defaults to Parking regulation for
zone
N/A Allows for revocation by the Director
of Community Development
* Notice and hearing required,
* Must make one of four findings:
* Fraud
* Activity in violation of code
* Conditions of approval violated
* Public nuisance
* Must provide notice of decision,
* Decision of Director is final.
* Appealable to the Superior Court
No
None specified
* Parking to comply with residential
standards. No additional parking
requirements.
Prohibited
* STR Registration denied if:
* Subject of an active administrative
citation of compliance order from the
city, or
* Denial or revocation of a short-
term rental application in the
preceding 12 months
* Registration may be revoked by City
Manager or designee
STR Registration may be revoked for
any of the following reasons:
* Fraud,
* Misrepresentation or false statement
contained in the application for or
operation of STR
* Retain records documenting compliance
with regulations for a period of three (3)
years after each period of short-term
rental, including, but not limited to,
records showing payment of transient
occupancy taxes by a hosting platform on
behalf of a host.
* Upon reasonable notice, the host shall
provide any such documentation to the
City upon request for the purpose of
inspection or audit.
* Hosted stays:
* SFR - 3
* R2/MFR - 2 per unit
* Unhosted stays:
* Studio - 2,
* 1 BR - 3
* 2+BR - 3 plus 2/BR
more than 1, but not to
exceed 10 persons total.
Parking to comply with parking
requirements for the dwelling type.
No additional parking requirements.
N/A N/A N/A
* Retain records documenting compliance
with regulations for a period of three (3)
years after each period of short-term
rental, including, but not limited to,
records showing payment of transient
occupancy taxes by a hosting platform on
behalf of a host.
* Upon reasonable notice, the host shall
provide any such documentation to the
City upon request for the purpose of
inspection or audit.
4
14
Regulations: Part 2
City
Los Gatos
Los Altos
Hills
Occupancy Limit Parking Requirements Commercial
Use
Revocation Authority/ Registration
Denial Permit Revocation Process Record of Compliance
* Limits only occupants 18
and older,
* 2/BR plus 1 per unit.
* Daytime guests shall be
1.5 times the maximum
overnight guests.
* City maintains discretion
on occupancy.
* In areas where there is no permitted
on-street parking for residents, all
short-term rental parking must remain
on-site.
* Where there is permitted on-street
parking for residences, short-term
rental parking is limited to the use of
the standard two-guest parking
passes. No additional parking passes
for short term rental use.
Prohibited
* Registration delay/denial if:
* STR deemed not habitable
* Incomplete application
* Host refuses or fails to comply
with regulations
* False statement or
misrepresentation
* Unsafe conditions identified and
not rectified prior to license issuance
* Outstanding administrative
penalties, past-due TOT, unpermitted
use of property as STR previously
* Decision to revoke registration by
the Director of Community
Development.
* Specific grounds for revocation,
include non-renewal of license and
multiple violations.
* Permit revoked after third violation.
* Notice includes information on right
to appeal.
* The Hearing Officer's (external
volunteer third party) decision is
final.
* Retain records documenting compliance
with regulations for a period of three (3)
years after each period of short-term
rental, including, but not limited to,
records showing payment of transient
occupancy taxes by a hosting platform on
behalf of a host.
* Upon reasonable notice, the host shall
provide any such documentation to the
Town upon request for the purpose of
inspection or audit.
N/A
* Town does not allow overnight on-
street parking
* All short-term rental parking must be
provided on-site in approved parking
areas.
Prohibited
Violators considered unlawful and
public nuisance and subject to
remedies available to the City.
* Three violations will result in
revocation.
* The violations will make the STR a
public nuisance and subject to that
process.
No
5
15
Regulations: Part 2
City
San Francisco
Palo Alto
Saratoga
Campbell
Santa Clara
Los Altos
Occupancy Limit Parking Requirements Commercial
Use
Revocation Authority/ Registration
Denial Permit Revocation Process Record of Compliance
Housing Code
* Parking to comply with residential
standards. No additional parking
requirements.
N/A
Allows for revocation by the Director
of Community Development/Hearing
Officer
* Once a complaint has been filed and
verified, the Director schedules a
hearing, if appealed
*The Hearing Officer decision is final
*Any party may seek judicial review
of the hearing officer's decision
within 20 days of the dtermination.
* For STR Host:
* Maintain records for two years
demonstrating compliance, including but
not limited to, information demonstrating
primary residency, the # of days the host
has occupied the unit, the # of days per
year the unit has been rented as an STR,
and insurance requirements.
* Submit quarterly reports on STR
activity
* For STR Platforms:
* Submit information to City upon
request, for records of up to 3 years,
including:
* Name of Host
* Address of STR
* Dates of rentals
* STR Registration Number
* Submit monthly affadavit verifying
that they have exercised reasonable care to
confirm that an STR listed on their
platform is registered with the City.
6
16
Summary Of Responses
As of August 27, 2018, 9:22 AM, this forum had: Topic Start
Attendees:229 August 7, 2018, 1:51 PM
Responses:140
Hours of Public Comment:7.0
QUESTION 1
When considering regulations of short-term rentals, there are many different objectives to consider. Please
rank the following objectives in order of importance.
• Addressing noise and nuisance issues arising from short-term rentals
• Reporting complaints easily and getting them resolved quickly
• Protecting the long-term housing stock from being converted to short-term rentals
• Addressing parking challenges due to short-term rentals
• Controlling the number of people per night in a short-term rental
• Allowing property owners (or leaseholders) to earn additional income from short-term rentals
• Allowing an alternative to standard hotels and motels
QUESTION 2
Short-term rental guests may require parking during their stays. Which of the following rules would you
support to address short-term rental parking?
% Count
All short-term rental parking should be contained
on site (no on-street parking)
27.9% 39
All short-term rental parking should be contained
to on-site parking or street parking immediately
adjacent to the property
21.4% 30
On-street parking should be limited to three guest
vehicles per short-term rental
2.9%4
On-street parking should be limited to two guest
vehicles per short-term rental
8.6% 12
On-street parking should be limited to one guest
vehicle per short-term rental
15.0% 21
At least one on-site parking spot should be made
available for short-term rental parking
7.9%11
2 | www.opentownhall.com/6590 Created with OpenGov | August 27, 2018, 9:22 AM
Short-Term Rental Regulations
Take this survey to provide your input on potential short-term rental regulations in Cupertino.
17
% Count
I am not concerned about short-term rental
parking
16.4% 23
QUESTION 3
Please add additional thoughts on short-term rental parking:
Answered 29
Skipped 111
QUESTION 4
Sometimes properties are purchased as a business opportunity with the intent to rent them as short-term
rentals rather than for long-term rentals or owner occupancy. Should the City allow short-term rentals on a
property where there is no permanent resident?
% Count
Yes 27.3% 38
No 62.6% 87
Unsure 10.1% 14
QUESTION 5
Some short-term rental operators use their primary residence for short-term rentals in order to earn
supplemental income. Should the City allow primary residents to use their homes for short-term rentals?
% Count
Yes 71.4% 100
No 21.4% 30
Unsure 7.1% 10
3 | www.opentownhall.com/6590 Created with OpenGov | August 27, 2018, 9:22 AM
Short-Term Rental Regulations
Take this survey to provide your input on potential short-term rental regulations in Cupertino.
18
QUESTION 6
Sometimes residents want to use their property for short-term rentals while they are away or on vacation.
These are known as “un-hosted” stays. Do you feel short-term rentals should be allowed when the primary
resident is not home?
% Count
Yes 57.9% 81
No 30.7% 43
Unsure 11.4% 16
QUESTION 7
If “un-hosted” stays are allowed, how many days out of the year do you feel a short-term rental operator
should be allowed to have “un-hosted” stays?
% Count
30 days per year 47.8% 64
60 days per year 11.2% 15
90 days per year 8.2%11
180 days per year 5.2%7
There should be no day limit on “un-hosted” stays 27.6% 37
QUESTION 8
Sometimes short-term rental operators will list their main home and an accessory dwelling unit as separate
listings. Should short-term rental operators be able to simultaneously use both their main home and accessory
dwelling units for short-term rentals?
% Count
Yes, it should be unrestricted 30.7% 43
Yes, up to two short-term rental unit/listing per
property should be allowed
11.4% 16
4 | www.opentownhall.com/6590 Created with OpenGov | August 27, 2018, 9:22 AM
Short-Term Rental Regulations
Take this survey to provide your input on potential short-term rental regulations in Cupertino.
19
% Count
Yes, up to three short-term rental unit/listing per
property should be allowed
0.7%1
No, only one short-term rental unit/listing per
property should be allowed
48.6% 68
Unsure 8.6% 12
QUESTION 9
Sometimes short-term rental operators list different rooms in one home as separate listings. Should more
than one short-term rental unit/listing be allowed per property?
% Count
Yes, it should be unrestricted 27.3% 38
Yes, up to two short-term rental unit/listing per
property should be allowed
10.8% 15
Yes, up to three short-term rental unit/listing per
property should be allowed
2.9%4
No, only one short-term rental unit/listing per
property should be allowed
54.7% 76
Unsure 4.3%6
QUESTION 10
Do you have any additional comments regarding short-term rentals in Cupertino?
Answered 60 (attached)
Skipped 80
QUESTION 11
Please select all of the following that apply to you:
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% Count
Cupertino Resident 97.1% 135
Employee in Cupertino 5.0%7
Homeowner 74.1% 103
Renter – Single Family Home 3.6%5
Renter – Multifamily/Apartment 2.9%4
Business Owner 7.9%11
Short-Term Rental Operator 1.4%2
Short-Term Rental Guest 1.4%2
Other 0.7%1
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Short-Term Rental Regulations
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21
10. Do you have any additional comments regarding short-term rentals in Cupertino?
Short-term rentals should be used for short-term residency only (i.e. alternative to hotels/motels), NOT
as space for the guests to host parties and disturb the neighborhood.
Please read my comments above. Cupertino City is NOT caring for our community as they could.
Homes and property getting "junky," businesses also not cared for. There is a government facility on
Bubb Road in the industrial section off of Stevens Creed t hat has patches of multicolored paint on the
walls and no landscaping upkeep. Also an auto repair shop nearby. These are only a few examples of
neighborhoods that the City is allowing to run down to the detriment of long -term and all Cupertino
residents who want to be proud of our City.
The city's regulations should focus primarily on those properties being operated by Renters as short -
term rentals, rather than by Property Owners.
Renters should NOT be allowed to be short-term operators. ALSO, there should be a penalty against
short-term rental operators if they are renters/ lessees subleasing the property in violation of their lease
agreement and/or without properly notifying the Property Owners, because wear & tear and/or
property damage will not be immediately discoverable by the Property Owner, who will ultimately
have to take the hit in costs of repairs. The Renter-operator would instead be the pure-profit maker in
such a situation.
If there becomes abuse we can add laws as it comes up
Complaints regarding noise, etc., should be easily and quickly addressed. When rooms are 'rented', I
believe they should be taxed as any other business. I am also concerned that our long term housing
stock may be converted into short term rentals.
Units in townhouse complexes should get permission from their Homeowner Owner's Association to
rent out their units as short term rentals.
The number of people staying at a particular STR must be regulated and controlled. A house on our
street is rented out as a STR for parties and often there are 4-6 vehicles at the house probably 10+
people staying there. This is a problem. Most recently there were approximately 20 people staying
there for a week. I have reported this to Cupertino Code enforcement.
I think it is fine and know people in Santa Clara who do this via AirBnB without any problems. Don't
make it so restrictive as to be a hassle. Put things in place in case there are issues. Majority of people
will be fine. The few bad experiences don't need to make it awful for the rest of the folks.
The number of room in one address should be limited to one.
It is too early to start passing regulation. I don’t believe we should start regulating when we are yet to
see any issues regarding short term housing. We should use tax dollars to address issues that we still
face today on a daily basis, like traffic near school zones, school buses for children to alleviate traffic
near schools.
Renters never pull in garbage, pick up debris, and always have too many cars. Should not be allowed.
I believe that it is important to establish a code of conduct for STR guests to address the types of usage
that will create problems. Most Airbnb guests are going to be great people and this provides a better
temporary housing option. If a guest makes a serious infraction or multiple infractions then they
should be forced to vacate. If there are recurring problems, then that landlord should be put on
probation or lift their license for six months.
I am not for encouraging 100% full property rental without a significant amount of resident time on the
property. I would limit the amount of no-host time and outright forbid STR only usage.
I have not seen addressed if long term renters are allowed to host STRs.
I think we should consider how seniors may want to use STRs as a supplemental income source to
allow them to age at home. Especially if they are below AMI. I would call for special rules for those 65
and over.
Why are you charging fees?
22
10. Do you have any additional comments regarding short-term rentals in Cupertino?
We've stayed in locations where we've met the owner and where we've not, the latter primarily due to
scheduling conflicts, but it shouldn't be a requirement.
Uncontrolled short term rental in residential neighborhoods will impact the neighborly cohesion and
community.
Short-term rentals should not be allowed as it would only serve to increase the housing cost in the area
by encouraging owners to convert conventional rentals to more lucrative short term rentals.
Individuals should be able to rent out a room in their home if the income is needed, but I don't approve
of the idea of turning homes into multiple-rental buildings. Un-hosted stays should be capped at the
vacation periods only, 2 -4 weeks max, so that guests must leave.
Neighbors to homes where short term rentals are occurring should have recourse to complain about
any problems that impact them, and renters must leave immediately if a neighbor has a valid
complaint. No pre-existing rental contract should stop the eviction of a renter in these cases.
My friend lives in Pacific Grove with a short term rental 2 homes away from his. A catastrophe. Beer
bottles on the street, police called to quiet down loud parties, difficult to find parking on street when
the STR is rented. STR owner doesn't live anywhere near PG and doesn't care what goes on.
Measure now on PG ballot to significantly limit STRs including where in the city they can be located.
I'm ok with STRs as long the the owner is at home during rental and the rented unit is within the
house.
Whatever requirements that are put in place need to be reasonable. I would agree that short term
rentals where the owner puts 16 bunk beds in a house to rent out crosses the line. Maybe the number of
guests that could be accommodated in a short-term rental should be based on the number of bedrooms.
There is critical shortage of housing in the area. Short-term rentals should be outlawed. Cupertino is
not a vacation destination. It is a community of long-term residents. We need stable families living in
our city, not tourists or business travelers using much needed long term housing for their short stays.
That is what hotels are designed to accommodate.
I think property owners or leaseholders should be allowed to rent their residence on any basis (i.e.,
short-term; long-term) that they want; subject to whatever regulations that the city deems necessary to
protect the community at large.
Properties that are primarily short term rentals should be rezoned as commercial and reassessed
annually. After all they are doing commerce on the property.
I wonder how feasible it is to make the homeowner be present during the rental. I would imagine that
people would put their houses up for rent when they go on vacation and thus not be present.
I
Please study this very thoroughly and make a distinction between single family homes and multi-
dwelling complexes. The parking issue alone should preclude this in complexes, let alone the
additional disturbance of frequent visitors on holiday who have no consideration for residents on the
other side of the wall.
I think most short term rental people want to do a good job. There are usually a few though that don’t
care about neighbors, etc. It is important to have reasonable regulations in place and complaint system
for residents. Enforcement is also key.
It should always be “hosted” as originally intended. Ok on vacation (like some do for house swap) but
not permanent absentee hosting.
In a city that struggles with providing housing for those working in and near the community, there is a
valid reason to have concern about "short-term" rentals affecting the availability and price for those
who want to live in the community -- and I am comfortable with some bias towards those who live in
the area over either business use or over visiting use. On the other hand just saying "No." is not
reasonable so finding a supportable balance point is important.
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10. Do you have any additional comments regarding short-term rentals in Cupertino?
Regulation is not needed. We have too much regulation in our lives as it is.
My kids feel unsafe playing outside because of the frequent strangers coming into our neighborhood.
Property owners must pay property tax for road work that short term rentals use and don’t pay their
fair share.
I am generally against rent control regulation. However, residential neighborhoods need to be
protected as such and free of any nuisance or security issue that would degrade a neighborhood. Short
term rentals create security issues because neighbors cannot assess whether unknown people in their
neighborhood are burglars, threats or simply short term renters.
Short term rentals are a basic violation of zoning in the neighborhood, you are converting a residential
area into a commercial area. I see a lot of different cars, strange people, increased traffic. My
neighborhood transfer to a "commercial" neighborhood, it is not fair to the resident neigh bors. Many
cities have made AirBnb illegal and so should you. Developers go through great extent to build hotels.
You need to respect that. Permanent roommate is ok. Short term is NOT OK
In Cupertino, it is very common for renters from India or China to have several houseguests,
particularly in the summertime. There are also residents who have visiting college friends coming and
going. (When you live in California, everyone you know will want to come and stay at your place,
drive here and there, eat any food in your house.....) So how could these different folks be
distinguished (from a fairness and enforcement perspective) from short-term renters, who would
actually benefit the region through taxes? Each of these categories of visitors are likely to have rental
car or summon Uber/Lyft rides, eat in local restaurants, and make noise talking on cell phones, bbq
parties, etc. .... Regulations that limit one and not the other have to be based on something quite
particular, as not to be a joke.
With hotel prices in Cupertino and the Silicon Valley soaring, short term rentals provide a very needed
alternative to hotels. Also, with inflation on the rise, "mom and pops" should be allowed to use their
residences to earn extra income to help make ends meet. I do not think, however, that people should
be allowed to use a property for short term rental if they do not live near that property (e.g. within 200
feet). If people live in the same neighborhood as their short term rental, they will be much more likely
to operate the short term rental in a manner that is best for the neighborhood. I think the best
approach at this point is to allow short term rentals with relatively few restrictions. If problems arise,
additional regulations/restrictions can be imposed then to address the problems. There is no need to
preemptively impose restrictions to prevent problems that may never occur.
I don't agree with the answers to the Questions 6, 7 and 8. I don't agree with any Short Term Rentals so
I wanted to answer No on all of those, but could not.
Regulations should incentivize Cupertino to grow as a community, not as a tourist/transient
destination.
Stay out of people's business. The city does not have a stake in what home owners do with their private
property. Cupertino should not be concerned with regulating private business, or protecting the
existing hotel industry in Cupertino. AirBNB and other crowd sourcing or connectivity platforms give
people an option to both earn extra income and work for themselves in an already high living cost area.
If the burden outweighs the convenience and benefits to renters and operators the services will die out
on their own.
In regards to Question 1, there is an issue that is not included as an option: Allowing short -term rentals
decreases safety as the short-term renter is a stranger, is unfamiliar with what is "normal" in the
neighborhood, and does not necessarily have the best interest of the neighborhood or the
neighborhood children in mind. I know the people in my immediate neighborhood and recognize
those further away. With short-term renters, I would not know them. This is an issue for me as a
mother of 3 young children. I want a community/neighborhood that i know and trust. We just had our
24
10. Do you have any additional comments regarding short-term rentals in Cupertino?
National Night Out day to get to know our neighbors and community. With short-term renters, we
wouldn't know these people, they wouldn't be our neighbors. I believe any short -term rentals
occurring must be in an owner-occupied home. Supplemental income is one thing, but if you're not
living at the residence, then it's a rental property and should be treated as a rental property not a short -
term rental property.
AS A RELATIVE TO A HOMEOWNER WHO HAS A BNB ACROSS THE STREET, AND I ALSO LIVE
THERE, THIS "WAS" A VERY PRIVATE NEIGHBORHOOD UNTIL A BNB ARRIVED AND THE
RUNWAY FLOOD LIGHTS. THERE IS CONSTANT ACTIVITY DAILY AND WHY SHOULD WE BE
SUBJECTED TO THIS. WHO KNOWS WHO IS STAYING IN TH ESE BNB'S SINCE THERE IS NO
REGULATION (ONLY LAW ENFORCEMENT HAS A TRUE BACKGROUND OF SOMEONE) I
HOPE THE CITY LISTENS TO THE HOMEOWNERS AND OF COURSE THE ONLY PEOPLE ARE
EFFECTED ARE THE PEOPLE WHO LIVE CLOSE TO THE BNB....
Short term rentals are not a re-zoning for hotel or motel. The use should be incidental and non-
impactful. Having limitations on the number of such transactions, dates of transactions, parking and
number of people is vital. Nobody in a neighborhood should see the house or residence as becoming a
traffic, crime or congestion issue. Such uses should not exceed the zoning as well.
The city needs to stop playing nanny state and allow homeowners to have the least restrictions as
possible for the maximum property rights as possible without making things more complex than
necessary.
Stop exploiting east Cupertino as a cash cow to benefit selfish, elitist West Cupertino.
I support allowing multiple listings for different rooms in a home but I'd pr efer to see ADUs be
available for long-term rental rather than short term rental.
Chances are the people doing short term rentals are looking for quick money. How is this to be
regulated - who will enforce them registering with the city or does that only happen when someone is
reported? Who will enforce that the landowner is on site during the rental period? It causes a lot of
transient activity in neighborhoods that is not necessary.
I would not want them in my neighborhood!
Try to minimize restrictions, but at the same time avoid having owners turn their property into a hotel
when the neighborhood is not set up for that (number of cars, noise, etc.). It seems difficult to enforce
restrictions on the number of vehicles or noise, because that places an onus on neighbors to complain
on their neighbors. Instead, it may be simpler to put in place rules that can be automatically enforced
by AirBnB or by the city based on AirBnB filings (tax transfers). An example of something easy to
enforce would be restricting the number of renters at any given time in a given property.
I would urge us to avoid pre-regulating before first observing the problems that actually turn out to
affect residents’ lives. There’s nothing stopping us from implementing various regulations after first
observing/extrapolating the effect that short term rentals are having, and these would likely be much
more informed and efficient. The volume is so low today that we can’t reasonably make any judgment
about this yet, and the various proposals above strike me as being very far from data driven in any
way.
The hotel situation in Cupertino is very difficult and there are basically no affordable hotels. I think
offering additional short term accommodation and giving residents who have huge rent and mortgage
costs an opportunity to decrease their net living expenses is a good idea. Since Cupertino isn’t exactly a
vacation destination, I don’t believe that the impact of short-term rentals is all that big.
One rental only per residence
The reason we have zoning and use rules is to allow property owners to know what to expect when
they buy property. In Residential areas, folks are entitled to the level of quiet enjoyment they paid for
when they purchased.
25
10. Do you have any additional comments regarding short-term rentals in Cupertino?
We need to limit parking and noise issues created by short term rentals.
City should have the residential block to have prerogative in deciding whether to allow STR in their
block or not: overriding city's if so chosen.
Rationale: In a city - different residential blocks may have differing preferences based on their
philosophy of quality of life impacted by floating population (makes it semi -commercial and brings
with it challenges that not all residential blocks are built to deal with) ; however, this may dynamically
change as per needs of time (and block-consensus). That granularity of freedom must be built in
The city should be able to assess a fee equal to but not more than the tax/fee paid to the city by a hotel
plus parking fees as in the above comment. Multi-unit rentals should be allowed only on a case by
case basis depending on traffic, parking, and other quiet enjoyment concerns of the neighborhood. No
separate contracts for multiple room occupancy should be allowed. A standard contract should be
required by the city that allows for the termination of the contract and immediate eviction without
notice of short term tenants by the sheriff in the event of illegal activities, persistent noise complaints or
quiet enjoyment by neighbors. If 2 or more such evictions or quiet enjoyment complaints are registered
against a landlord for 3 tenant in a one year period the short term occupancy permit should be revoked
for a period of at least one year. If a landlord experiences a second revocation of permit that revocation
should be permanent. The property owner should be required to carry insurance sufficient to cover
restitution for property damage to neighbor properties and any criminal activity committed by the
tenant or any guest that tenant may have invited or not. The property owner should be required to
have a certificate of occupancy and annual renewal of that certificate.
If we are to keep Cupertino a decent and safe city, short-term rental should be limited to minimal.
Listing more than one short term rental increases number of vehicles & parking issues. Also could
invite more violations of owner occupation requirements because it is harder to track what is rented
when.
I am not in favor of short term rentals overall except one per year if owner is on vacation for say a
month.
You must nail does definition of number of days allowed. I am not opposed to summer/intern rentals
of example 30-60 days but every weekend having new people around is annoying & hurts property
value if they become “party houses”. Also pets are not discussed, visitors may be less likely to be
responsible about cleaning up because no one knows them.
Airbnb style renting should be allowed only if guests go through an additional background check.
Otherwise, there could be a sex offender or other criminal could rent and stay in residential properties
which are near children, schools, play grounds and churches.
I do not prefer to regulate this at this time. It's too early. I would revisit this in 2 years and see if there
are any real problems. Would not want to use tax dollars for something like this.
"Short term" should be clearly defined. I believe anything over 30 days currently is considered a
normal rental and not short term. Cupertino should defin e what it means by short term (e.g., 30 days,
14 days, 7 days).
Only that, if two rentals are simultaneously listed, one of the vehicles needs on site (not street) parking.
I would not be in favor of Cupertino turning into a massive hub for AirBnB where o ut of town guests
have their quick stays. It is fine if the property owner has long-term rentals and short-term rentals at
an extended length, but not operate their property as a hotel/motel where it affects the neighbors. I
would not feel safe seeing someone new in the neighborhood every week.
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Survey Questions
QUESTION 1
1. When considering regulations of short-term rentals, there are many
different objectives to consider. Please rank the following objectives
in order of importance.
• Allowing property owners (or leaseholders) to earn additional
income from short-term rentals
• Allowing an alternative to standard hotels and motels
• Addressing parking challenges due to short-term rentals
• Protecting the long-term housing stock from being converted to
short-term rentals
• Addressing noise and nuisance issues arising from short-term
rentals
• Controlling the number of people per night in a short-term rental
• Reporting complaints easily and getting them resolved quickly
QUESTION 2
2. Short-term rental guests may require parking during their stays.
Which of the following rules would you support to address short-term
rental parking?
• All short-term rental parking should be contained on site (no on-
street parking)
• All short-term rental parking should be contained to on-site
parking or street parking immediately adjacent to the property
• On-street parking should be limited to three guest vehicles per
short-term rental
• On-street parking should be limited to two guest vehicles per
short-term rental
• On-street parking should be limited to one guest vehicle per short-
term rental
• At least one on-site parking spot should be made available for
short-term rental parking
• I am not concerned about short-term rental parking
QUESTION 3
Please add additional thoughts on short-term rental parking:
QUESTION 4
3. Sometimes properties are purchased as a business opportunity
with the intent to rent them as short-term rentals rather than for
long-term rentals or owner occupancy. Should the City allow short-
term rentals on a property where there is no permanent resident?
• Yes
• No
• Unsure
QUESTION 5
4. Some short-term rental operators use their primary residence for
short-term rentals in order to earn supplemental income. Should the
City allow primary residents to use their homes for short-term
rentals?
• Yes
• No
• Unsure
QUESTION 6
5. Sometimes residents want to use their property for short-term
rentals while they are away or on vacation. These are known as “un-
hosted” stays. Do you feel short-term rentals should be allowed
when the primary resident is not home?
• Yes
• No
• Unsure
QUESTION 7
6. If “un-hosted” stays are allowed, how many days out of the year do
you feel a short-term rental operator should be allowed to have “un-
hosted” stays?
• 30 days per year
• 60 days per year
• 90 days per year
• 180 days per year
• There should be no day limit on “un-hosted” stays
QUESTION 8
7. Sometimes short-term rental operators will list their main home
and an accessory dwelling unit as separate listings. Should short-
term rental operators be able to simultaneously use both their main
home and accessory dwelling units for short-term rentals?
• Yes, it should be unrestricted
• Yes, up to two short-term rental unit/listing per property should
be allowed
• Yes, up to three short-term rental unit/listing per property should
be allowed
• No, only one short-term rental unit/listing per property should be
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allowed
• Unsure
QUESTION 9
8. Sometimes short-term rental operators list different rooms in one
home as separate listings. Should more than one short-term rental
unit/listing be allowed per property?
• Yes, it should be unrestricted
• Yes, up to two short-term rental unit/listing per property should
be allowed
• Yes, up to three short-term rental unit/listing per property should
be allowed
• No, only one short-term rental unit/listing per property should be
allowed
• Unsure
QUESTION 10
9. Do you have any additional comments regarding short-term rentals
in Cupertino?
QUESTION 11
10. Please select all of the following that apply to you:
• Cupertino Resident
• Employee in Cupertino
• Homeowner
• Renter – Single Family Home
• Renter – Multifamily/Apartment
• Business Owner
• Short-Term Rental Operator
• Short-Term Rental Guest
• Other
QUESTION 12
11. If you operate a short-term rental, how much income do you earn
monthly from it? *NOTE: Your response to this question will not be
visible to the public on this forum.
• Less than $500
• Between $500 and $1,000
• Between $1,000 and $2,000
• Between $2,000 and $3,000
• Between $3,000 and $4,000
• More than $4,000
• I do not operate a short-term rental
• Prefer not to state
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Comments from Short-Term Rental Community Meeting on October 4, 2018
Grandfathering in STRs?
No grandfathering in
Condos - maybe should not have restrictions
Concerns with bad behavior of guests (marijuana)
Parking: too difficult to enforce, no restrictions, certain neighborhoods will be most
impacted (Old Monta Vista has limited parking on premises)
Erosion of capitalism -- micromanaging home owners
Don’t want Airbnb in apartments
Minimum # of days before tax is owed--allow STRs to remain unregistered if they have a
few listing days
2xperson per room is unreasonable -- too few
Charging a BL/Permit fee will dissuade operators from registering -- or make it a low fee
Is it practical to notify city of un-hosted stay
Most rentals are for professionals -- no problems/minimal complaints
No limit on # of listings (granny units)
City proposed regulations are on the Right track (commented from 2 operators)
Max of 2 adults per bedroom not including children (keep families together)
STRs to park on street
Max of 2 adults per bedroom should include family members of STR operator (but
children under 5 OK)
Townhomes/condos: no
Readily accessible operator
How does this impact the city/services?
Living rooms should be included
Be able to use multiple structures
Want owner occupied AND primary resident
Encourage families in the City - housing stock concern
Hotels and STRs should have the same regulations if the same tax rate
Hotels and STRs should be taxed differently (hotel tax>STR tax)
Un-hosted stays should be unlimited as long as rules are followed
Table of regulations for different cities
HOA approval needed
Host to have direct contact (phone #) w/ guests (regulate)
How does the agency contact work?
How do people know of the regulations?
Make STR info/contact available online
4 hosts (2 couples); 3 int. people
5+ units means different tax laws
4-unit should be allowed (remove single fam restriction)
No parking restriction
Grandfathered for units to operate
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Comments from Short-Term Rental Community Meeting on October 4, 2018
Tax implications and insurance requirements for STRs
Maybe institute a lower TOT rate
What % of TOT is being spent on enforcement?
Do not make enforcement proactive, make it complaint based
Do not contract enforcement to private entity
Review code enforcement data to see what % of total rentals and decide what burden to
enforce
2 people/bedroom is limiting what about kids
Increase # of allowed listing per property
Built in review system already incentivizes good behavior by guests
Different regulations for different platforms. Do not treat platforms the same. Some
platforms need more policing than others
Increase # of STRs on property
% of complaints is so minimal
Complaints are a problem
Compare rate of complaints of STRs to complaints related to long term rentals, probably
longer for STRs
Justifying the low number of complaint should not be the point. Keep residential areas
residential
Concerned about mini-hotels in neighborhood
Regulations are needed but should not overregulate
# bedrooms - 1
Limited to # parking spaces
ADU -- accessory dwelling unit 2 or 3
# bedrooms - 1 with review process
It’s too many rules and a shared economy, why impinge
No limit on un-hosted stays
Allow time to adjust new regulations if drastic changes
2x # bedrooms = good
Large parties/weddings under Airbnb
Balance between existing and STR Res
Possibly limit guests by required off-street park
Require that guests park on prop
2x AVAILABLE bedrooms only
Want guests to park off-street
Business/housing important but not affect neighbor
Can't depend on Airbnb to enforce
Total # of non-resident guests cannot exceed 2x # bedrooms (at any one time)
Allocation of the TOT should be used to enforce STRs
Fines should be increased
Repeat violators should be revoked
30
Comments from Short-Term Rental Community Meeting on October 4, 2018
2 violations w/in 30 days
3 violations within calendar year
Local contact should register w sheriff
Property owner needs to be present
Definition of comm. is vague
People have designed their life around # from Airbnbs
Hotels are charging enormous money
Guests from Airbnbs are supporting Cupertino economy
A process for requesting a variance (in occupancy or parking or # un-hosted stay days)
Consider the Airbnb response rate + response PD for host
Increased grace period of 6 months to a year
Concerned about the use a marijuana on Airbnb sites. Airbnb has a no comment
attitude…how can this behavior be controlled especially in a residential
neighborhood…
Please define: Guests must be limited to two or fewer. For example is a parent with twin
infants considered 1 or 3 guests? If 3, please make sure Airbnb website would allow
hosts to be in complaint. Thank you. Please have your response be sent to all Cupertino
hosts; Airbnb can do this
Like what we are doing, concerned about enforcement for fairness of complying STRs
31
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-4898 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:1/22/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Update regarding transportation project funding discussions with Apple, Inc.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Apple letter dated July 30, 2018
B - Transportation Project List
C - Apple letter dated March 27, 2019
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Update regarding transportation project funding discussions with Apple, Inc.
Receive update and provide comment.
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™32
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4771 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/20/2018 City Council
On agenda:Final action:4/2/2019
Title:Subject: Approve the March 19 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Approve the March 19 City Council minutes
Approve the March 19 City Council minutes
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™36
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5199 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending December 07, 2018
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending December 07, 2018
Adopt Resolution No. 19-025 accepting Accounts Payable for the period ending December 07,
2018
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™37
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718360 12/07/2018 Open Accounts Payable 3M $2,252.65
Invoice Date Description Amount
9402782377 11/20/2018 Streets: Blu Film $708.47
9402768458 11/19/2018 Streets Green, Red, Blk Cuttable Film $1,544.18
718361 12/07/2018 Open Accounts Payable ABLE SEPTIC TANK SERVICE $295.00
Invoice Date Description Amount
48004 11/21/2018 De Anza Blvd Medians Phase 1 Plumbing $295.00
718362 12/07/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $126.38
Invoice Date Description Amount
4984902 110318 11/03/2018 water $105.36
4950379112418 11/24/2018 27837474950379 $21.02
718363 12/07/2018 Open Accounts Payable ALL PENINSULA FIRE
EXTINGUISHER CO
$2,524.50
Invoice Date Description Amount
9806 11/08/2018 Facilities: Fire Extinguisher Service & Equipment $2,524.50
718364 12/07/2018 Open Accounts Payable ALLIANT INSURANCE SERVICES
INC
$306.00
Invoice Date Description Amount
959671 11/15/2018 PO Bond, Tina Mao Renewal $306.00
718365 12/07/2018 Open Accounts Payable AMAZON WEB SERVICES INC $327.50
Invoice Date Description Amount
158841270 12/03/2018 Amazon Elastic Compute Cloud November 2018 $327.50
718366 12/07/2018 Open Accounts Payable AT&T $21.95
Invoice Date Description Amount
000012130702 11/01/2018 9391023220 (408-252-2405)$21.95
718367 12/07/2018 Open Accounts Payable BAY AREA SELF STORAGE $558.00
Invoice Date Description Amount
6154 11/30/2018 Storage Unit G34 $279.00
6153 11/30/2018 Storage Unit G33 $279.00
718368 12/07/2018 Open Accounts Payable BKF ENGINEERS $1,068.00
Invoice Date Description Amount
18120079 11/28/2018 Stevens Creek & Phar Lap Crosswalk Improvements
10/29-11/25/18
$1,068.00
718369 12/07/2018 Open Accounts Payable BOETHING TREELAND FARMS INC $365.40
Invoice Date Description Amount
SI-1177173 11/08/2018 Grounds: Plants $365.40
718370 12/07/2018 Open Accounts Payable BUBBLE MARKETING $538.80
Invoice Date Description Amount
19371 11/15/2018 club wipes $538.80
718371 12/07/2018 Open Accounts Payable CAROL LIU DBA JOYFUL
MELODIES
$9,932.00
Invoice Date Description Amount
JoyfulM- Fall18 12/04/2018 JoyfulMelodies Fall18 $9,932.00
Monday, December 10, 2018Pages: 1 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
38
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718372 12/07/2018 Open Accounts Payable CINTAS CORPORATION $810.19
Invoice Date Description Amount
630566326 11/27/2018 Uniforms/Safety Apparel $405.83
630569847 12/04/2018 Uniforms/Safety Apparel $404.36
718373 12/07/2018 Open Accounts Payable CITY DATA SERVICES LLC $1,200.00
Invoice Date Description Amount
1850 12/01/2018 CDS Monthly Maintenance 2018 Oct - Dec $1,200.00
718374 12/07/2018 Open Accounts Payable COMCAST $805.62
Invoice Date Description Amount
3310-11718 11/07/2018 8155400650183310 Sports Center $805.62
718375 12/07/2018 Open Accounts Payable COMCAST $284.81
Invoice Date Description Amount
1232 11/23/2018 8155100050011232 11/01/2018 -11/31/2018 $284.81
718376 12/07/2018 Open Accounts Payable COMCAST $241.20
Invoice Date Description Amount
9917-111918 11/19/2018 8155100050719917 11/24/18 -12/23/18 $241.20
718377 12/07/2018 Open Accounts Payable COMMUNICATION STRATEGIES $4,192.50
Invoice Date Description Amount
1618 09/30/2018 Project Coordination $4,192.50
718378 12/07/2018 Open Accounts Payable CONTRACT SWEEPING SERVICES
INC
$16,140.32
Invoice Date Description Amount
180001233 11/15/2018 November 2018 extra sweeping on Foothill $4,048.98
180001205 11/15/2018 Street Sweeping November 2018 $12,091.34
718379 12/07/2018 Open Accounts Payable COTTON SHIRES & ASSO INC $5,643.75
Invoice Date Description Amount
113551 11/19/2018 Geotech Review for The Forum, 9.10.18 to 10.7.18-
Cust #888
$5,643.75
718380 12/07/2018 Open Accounts Payable CPS HR CONSULTING $3,750.00
Invoice Date Description Amount
INV362039 12/12/2018 Writing Skills for Analysts Class - City Hall 12/12/18 $3,750.00
718381 12/07/2018 Open Accounts Payable CSI SOFTWARE INC $1,241.47
Invoice Date Description Amount
35863 11/01/2018 Daxko Spectrum Fee $1,241.47
718382 12/07/2018 Open Accounts Payable CUPERTINO SUPPLY INC $196.25
Invoice Date Description Amount
185386 11/06/2018 Grounds: Wrenches and Hand Saw $82.63
185418 11/06/2018 Grounds: Pipe $91.56
186346 11/19/2018 Trees & ROW: PVC, Blue Monster Tape, Fitting Brush $22.06
718383 12/07/2018 Open Accounts Payable CURREN CONSULTING $1,207.50
Invoice Date Description Amount
2018-11-02 11/30/2018 2017 Pavement Maint Project Phase I,II,III $1,207.50
718384 12/07/2018 Open Accounts Payable DASHER TECHNOLOGIES, INC $102,312.79
Invoice Date Description Amount
342913 11/09/2018 SimpliVity Equipment $95,157.79
Monday, December 10, 2018Pages: 2 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
39
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
343191 11/30/2018 Dasher Project Management/Subject Matter Expert $7,155.00
718385 12/07/2018 Open Accounts Payable DELL MARKETING L.P.$884.08
Invoice Date Description Amount
10282337470 11/28/2018 Custom DEM2 Support $884.08
718386 12/07/2018 Open Accounts Payable DIGITAL PRINT $192.77
Invoice Date Description Amount
19856 11/29/2018 250 Business Cards Tiffanie Cardenas $87.94
19855 11/29/2018 Business cards for Jeff Ordway $104.83
718387 12/07/2018 Open Accounts Payable DISH NETWORK $55.84
Invoice Date Description Amount
0187-11252018 11/25/2018 DishNetwork (12/5/18 - 1/4/19)$55.84
718388 12/07/2018 Open Accounts Payable EPAC TECHNOLOGIES INC $352.70
Invoice Date Description Amount
E312990 11/27/2018 CITY LOGO ENVELOPE W. WINDOW - 3CASES $352.70
718389 12/07/2018 Open Accounts Payable EWING IRRIGATION $920.01
Invoice Date Description Amount
6605132 11/30/2018 Grounds: Wattle Rice Straws $920.01
718390 12/07/2018 Open Accounts Payable FEDEX $58.56
Invoice Date Description Amount
6-372-13676 11/16/2018 Grounds: Shipment-Backflow Testers $58.56
718391 12/07/2018 Open Accounts Payable GLORIA LEE $371.80
Invoice Date Description Amount
YeeFall2018-1 11/19/2018 Gloria Yee - Fall 2018 Payment 1 $371.80
718392 12/07/2018 Open Accounts Payable GOSS, LIAN (KAREN)$19.00
Invoice Date Description Amount
Kareng112718 11/29/2018 CANHR conference per diem $19.00
718393 12/07/2018 Open Accounts Payable GRAINGER INC $719.28
Invoice Date Description Amount
9960313147 11/08/2018 Streets: Cleaning Tissues, Hooks, Gloves, Wash
Bottles
$402.20
9019417451 11/30/2018 Grounds: Tarps $154.73
9019678227 11/30/2018 Grounds: Tarp $162.35
718394 12/07/2018 Open Accounts Payable GRANICUS INC $1,297.80
Invoice Date Description Amount
105743 11/26/2018 Government Transparency, Open Platform 11/26/18 -
12/25/18
$1,297.80
718395 12/07/2018 Open Accounts Payable GRANITE FINANCIAL SOLUTIONS,
INC
$2,492.76
Invoice Date Description Amount
IN44410-1 11/29/2018 Dell Latitude 5420 Rugged for Mechanic Shop $2,492.76
718396 12/07/2018 Open Accounts Payable GYM PRECISION INC $1,802.39
Invoice Date Description Amount
9239 11/27/2018 PM for Novemaber and repairs $225.00
9222 11/27/2018 repairs $1,398.39
9148 11/02/2018 repairs $179.00
Monday, December 10, 2018Pages: 3 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
40
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718397 12/07/2018 Open Accounts Payable HEIDI MERRY HENN-ECKER $320.00
Invoice Date Description Amount
Heidi Fall18-P2 12/04/2018 Heidi Fall18-P2 $320.00
718398 12/07/2018 Open Accounts Payable ICE CENTER ENTERPRISES, LLC $4,422.00
Invoice Date Description Amount
120418 12/04/2018 Fall Payment 1 $4,422.00
718399 12/07/2018 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY $1,098.04
Invoice Date Description Amount
3561549-00 11/20/2018 Safe Routes 2 School: PVC Sch 40 $63.71
3559375-00 11/19/2018 Trees & Row: Irrigation Improvement Supplies $750.41
3537854-01 11/28/2018 Grounds: Stakes, Filters $283.92
718400 12/07/2018 Open Accounts Payable INDEPENDENT CODE
CONSULTANTS, INC.
$5,904.70
Invoice Date Description Amount
1075 12/04/2018 Building Plan Review Services $5,904.70
718401 12/07/2018 Open Accounts Payable J.MAREZ / OCEAN PLUMBING
CONSTRUCTION
$16,500.00
Invoice Date Description Amount
200 10/29/2018 Creekside Park #1 & 2 Restroom Remodel $16,500.00
718402 12/07/2018 Open Accounts Payable KIMBALL-MIDWEST $1,299.31
Invoice Date Description Amount
6748708 11/16/2018 Misc General Supplies $348.48
6771288 11/29/2018 Streets: Cable Ties, Carb Circ, Cplr, Circ Saw $950.83
718403 12/07/2018 Open Accounts Payable KORACH, ZACH $137.20
Invoice Date Description Amount
Pie11142018 11/14/2018 Good-Pie Jaqui- 10 Pies $137.20
718404 12/07/2018 Open Accounts Payable LANDSCAPE FORMS $29,648.68
Invoice Date Description Amount
0000109267 11/14/2018 4 trios and 1 duo Petoskey bins - dog park, Sports
Center
$29,648.68
718405 12/07/2018 Open Accounts Payable MADHU MARATHE $2,054.00
Invoice Date Description Amount
Madhu Fall18 12/04/2018 Madhu Fall18 $2,054.00
718406 12/07/2018 Open Accounts Payable MISSION ACADEMY OF MUSIC $2,320.00
Invoice Date Description Amount
MAM Fall18 12/04/2018 MAM Fall 18 Payment $2,320.00
718407 12/07/2018 Open Accounts Payable MONROE CLASSIC, INC $552.33
Invoice Date Description Amount
372550 11/17/2018 Mini prize wheel and case for outreach and education $552.33
718408 12/07/2018 Open Accounts Payable MOOD MEDIA $94.28
Invoice Date Description Amount
54313567 12/01/2018 music $94.28
718409 12/07/2018 Open Accounts Payable MOUNTAIN VIEW GARDEN
CENTER
$1,619.62
Invoice Date Description Amount
97022 11/27/2018 Grounds: Topsoil $53.07
Monday, December 10, 2018Pages: 4 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
41
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
97030 11/27/2018 Grounds: Red Pro Chip $818.81
97046 11/30/2018 Streets: Sand for Sandbags $747.74
718410 12/07/2018 Open Accounts Payable O'REILLY AUTO PARTS $890.88
Invoice Date Description Amount
2591-368167 11/16/2018 Copper Plug $22.17
2591-369277 11/21/2018 Lift Support $21.69
2591-353876 09/07/2018 Sealer Pump $8.16
2591-343925 07/20/2018 Pressure Fuel Pump $637.97
2591-368817 11/19/2018 Lift Support $24.64
2591-363466 10/24/2018 Air Filter $52.75
2591-359096 10/02/2018 Fuel Damper $45.55
2591-337694 06/20/2018 Temperature Service Kit $58.08
2591-370455 11/27/2018 Wiper Fluid & Battery $19.87
718411 12/07/2018 Open Accounts Payable OFFICE DEPOT $1,976.63
Invoice Date Description Amount
225827129001 11/01/2018 office supplies $562.97
205734492001 09/18/2018 Printer Ink $1,171.67
234649558001 11/21/2018 Building Office Supplies 2018-11 $241.99
718412 12/07/2018 Open Accounts Payable PACIFIC GAS & ELECTRIC $16,228.10
Invoice Date Description Amount
1715- 11/21 11/21/2018 4993063171-5 10/17/18 -11/15/2018 $16,228.10
718413 12/07/2018 Open Accounts Payable PACKET FUSION, INC $175.41
Invoice Date Description Amount
PB12137 11/29/2018 MDF Material 24 Port Patch Panel $175.41
718414 12/07/2018 Open Accounts Payable PERKINS EASTMAN ARCHITECTS,
DPC
$44,142.04
Invoice Date Description Amount
1 Pro 75690.00.0 11/14/2018 Senior Center Repairs $12,720.00
3 Pro 75260.00.0 11/14/2018 Sports Center Phase 2 Design thru Construction $31,422.04
718415 12/07/2018 Open Accounts Payable PG&E $70.12
Invoice Date Description Amount
0587-5 11/20/2018 2012160587-5 12/11/2018 $70.12
718416 12/07/2018 Open Accounts Payable PLAY-WELL TEKNOLOGIES $1,950.00
Invoice Date Description Amount
Play-Well Fall18 12/04/2018 Play-Well Fall18 P1 $1,950.00
718417 12/07/2018 Open Accounts Payable PSOMAS $190.00
Invoice Date Description Amount
144168 09/04/2018 Psomas Property Info Web Improvements $190.00
718418 12/07/2018 Open Accounts Payable ReadyRefresh by Nestle $1,122.33
Invoice Date Description Amount
18J0027344639 10/08/2018 City Hall Water for Employees: 9.7.18-10.6.18 $353.48
18I0027344639 09/08/2018 City Hall Water for Employees: 8.7.18-9.6.18 $247.64
18H0027344639 08/08/2018 City Hall Employee Drinking Water 7.7.18-8.6.18 $132.81
18K0027344639 11/08/2018 City Hall Employee Drinking Water 10.7.18-11.6.18 $388.40
Monday, December 10, 2018Pages: 5 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
42
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718419 12/07/2018 Open Accounts Payable RONALD D OLDS $555.00
Invoice Date Description Amount
5237 11/25/2018 Office Rack Upgrade Project $555.00
718420 12/07/2018 Open Accounts Payable SANTA CLARA COUNTY SHERIFF
DEPT
$6,204.66
Invoice Date Description Amount
1800065329 11/20/2018 2018 Diwali Festival 11/13/18 $4,515.42
5329-112018 11/20/2018 Tournament of Bands 11/13/18 $1,689.24
718421 12/07/2018 Open Accounts Payable SANTA CLARA CTY SHERIFF
(FINGERPR.)
$70.00
Invoice Date Description Amount
1800065510 11/27/2018 Live Scan Services- October 2018 $70.00
718422 12/07/2018 Open Accounts Payable SSA LANDSCAPE ARCHITECTS INC $1,870.00
Invoice Date Description Amount
6308 11/26/2018 McClellan Ranch West P Lot Improvements 10/26-
10/25
$1,870.00
718423 12/07/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $652.69
Invoice Date Description Amount
3396267966 11/11/2018 Ink Cartridges for BWS $98.43
3396765322 11/17/2018 office supplies for QCC $239.44
3396353429 11/14/2018 OFFICE SUPPLIES FOR QCC $545.99
3396765324 11/17/2018 Office Supplies $8.27
3396892128 11/20/2018 Credit -expo pens, kleX, card stock, 11x17 paper, disin
wipes
($239.44)
718424 12/07/2018 Open Accounts Payable STARBIRD CONSULTING LLC $5,198.04
Invoice Date Description Amount
00023 11/13/2018 CEQA for MRW Parking Lot Improve, billing through
10.31.18
$5,198.04
718425 12/07/2018 Open Accounts Payable SYSCO FOOD SERVICES OF SF $738.13
Invoice Date Description Amount
250562988 11/29/2018 Breakfast with Santa Food-sysco $738.13
718426 12/07/2018 Open Accounts Payable TANASE, KEN $115.86
Invoice Date Description Amount
KenT090718 09/07/2018 Cell Phone Service Reimbursement 8/8-9/7/2018 $38.58
KenT110718 11/07/2018 Cell Phone Service Reimbursement 10/8-11/7/2018 $38.64
KenT100718 10/07/2018 Cell Phone Service Reimbursement 9/8-10/7/2018 $38.64
718427 12/07/2018 Open Accounts Payable TELEPATH CORP $8,260.00
Invoice Date Description Amount
SI-259036 10/29/2018 Annual Service Maintenance Agreement;10.29.18-
10.28.19
$8,260.00
718428 12/07/2018 Open Accounts Payable THE CALIFORNIA CHANNEL $253.34
Invoice Date Description Amount
19386 12/01/2018 California Channel (December 2018)$253.34
718429 12/07/2018 Open Accounts Payable THERMAL MECHANICAL, INC.$1,266.96
Invoice Date Description Amount
74293 10/18/2018 SO #2 Sport Center AC Unit Repair, Work Order 4356 $750.00
Monday, December 10, 2018Pages: 6 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
43
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
74367 10/29/2018 AC Repair, Cupertino Sport Center, Work Order 4579 $516.96
718430 12/07/2018 Open Accounts Payable TREASURE ISLAND JOB CORPS -
ADAMS & ASSOCIATES
$639.60
Invoice Date Description Amount
1003 11/28/2018 Group Lunch for Treasure island trip 11/28/2018 $639.60
718431 12/07/2018 Open Accounts Payable VERIZON WIRELESS $36.00
Invoice Date Description Amount
9815909277 10/04/2018 Verizon Phone Service for EOC 09/05/18-10/04/18 $18.00
9817789072 11/04/2018 Verizon Phone Service for EOC 10/05/18-11/04/18 $18.00
718432 12/07/2018 Open Accounts Payable WEST-LITE SUPPLY CO INC $228.90
Invoice Date Description Amount
73508H 11/14/2018 Facilities: Lighting Supplies $228.90
718433 12/07/2018 Open Accounts Payable WESTMORELAND, EVAN $660.00
Invoice Date Description Amount
57 11/26/2018 Office Rack Upgrade Project $660.00
718434 12/07/2018 Open Accounts Payable WORLDCHEFS INTERNATIONAL
LLC
$400.00
Invoice Date Description Amount
120518 12/05/2018 Cooking Instruction (12.5) 8 Students $400.00
718435 12/07/2018 Open Accounts Payable WOWzy Creation Corp $248.52
Invoice Date Description Amount
91789 12/04/2018 Mayor Crystal Gravel Award $248.52
718436 12/07/2018 Open Accounts Payable YORK INSURANCE SERVICES
GROUP INC
$2,208.17
Invoice Date Description Amount
500017914 08/01/2018 Workers Comp. Claims 08/01/18 - 08/31/18 $2,208.17
718437 12/07/2018 Open Accounts Payable HO, ANNIE $25.00
Invoice Date Description Amount
1449632 11/30/2018 QCC CLASS Check refunds for 11.20.18- 12.03.18 $25.00
718438 12/07/2018 Open Accounts Payable MEN, LIANG $65.00
Invoice Date Description Amount
1449455 11/21/2018 QCC CLASS Check refunds for 11.20.18- 12.03.18 $65.00
718439 12/07/2018 Open Accounts Payable Ramon's Catering $2,910.00
Invoice Date Description Amount
RamonCatering18 12/05/2018 Catering Holiday Party 2018 Ramon's Catering $2,910.00
718440 12/07/2018 Open Accounts Payable Richardson, Madeline $350.00
Invoice Date Description Amount
1010 12/03/2018 Dessert for City Employee Christmas Lunch $350.00
718441 12/07/2018 Open Accounts Payable RUSLI, POLIMING $198.00
Invoice Date Description Amount
1449639 12/03/2018 QCC CLASS Check refunds for 11.20.18- 12.03.18 $198.00
718442 12/07/2018 Open Accounts Payable YOUNG, CAROLYN $500.00
Invoice Date Description Amount
1449331 11/20/2018 QCC CLASS Check refunds for 11.20.18- 12.03.18 $500.00
Monday, December 10, 2018Pages: 7 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
44
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718443 12/07/2018 Open Accounts Payable RAO, GEETHA $420.00
Invoice Date Description Amount
112718 11/27/2018 November payment $420.00
718444 12/07/2018 Open Accounts Payable US BANK-PURCHASING CARD
PROGRAM
$56,547.98
Invoice Date Description Amount
JuliaK111518 11/15/2018 0918 CC Charges $7,899.51
KarenL111518 11/15/2018 8993 CC Charges $173.46
JeffO111518 11/15/2018 CC Charges 0459 $156.99
JeffM111518 11/15/2018 4203 CC Charges $52.29
KevinK111518 11/15/2018 8746 CC Charges $1,542.36
Mollyj111518 11/15/2018 5546 CC Charges $1,127.82
Lisamm111518 11/15/2018 4642 CC Charges $2,567.62
Claref101511 11/15/2018 0078 CC Charges $221.63
TimC11-15-18 11/15/2018 6518CCCharges $1,458.74
RobertG111518 11/15/2018 6980 CC Charges $57.95
RudyL111518 11/15/2018 8736 CC Charges $80.03
IsaacP111518 11/15/2018 0125 CC Charges $1,207.33
BrianG111518 11/15/2018 6202 Charges $1,290.65
CarlV111518 11/15/2018 6520 CC Charges $285.00
JasonG111518 11/15/2018 2795 CC Charges $307.55
ShawnT111518 11/15/2018 0179 CC Charges $473.18
BradA111518 11/15/2018 6013 CC Charges $80.00
MarcL111518 11/15/2018 0138 CC Charges $254.56
JennyK111518 11/15/2018 8829CCCharges $371.76
BillB111518 11/15/2018 5247 CC Charges $199.41
DomingoS111518 11/15/2018 7167 CC Charges $295.19
BillM111518 11/15/2018 6500 CC Charges $3,438.45
AlbertS111518 11/15/2018 7270 CCCharges $236.95
ChristineH111518 11/15/2018 5957 CC Charges $1,570.25
ReiD111518 11/15/2018 9254CCCharges $3,417.30
KeithW111518 11/15/2018 8803CCCharges $129.43
JasonF111518 11/15/2018 0161 CC Charges $1,044.12
ChyleneO111518 11/15/2018 5561 CC Charges $558.00
KenE111518 11/15/2018 5954 CC Charges $75.94
AlexC111518 11/15/2018 0400 CC Charges $2,109.84
VickieS111518 11/15/2018 7398 CC Charges $228.00
CesarG111518 11/15/2018 9076 CC Purchases $411.02
AndrewS111518 11/15/2018 9993 CC Charges $1,299.83
JasonB111518 11/15/2018 2565 CC Charges $911.76
PeggyF111518 11/15/2018 0924 CC Charges $893.17
UrsulaS111518 11/15/2018 2512 CC Charges $2,494.56
MarielaR111518 11/15/2018 5528 CC Charges $1,153.57
MariaJ111518 11/15/2018 3859 CC Charges $3,789.92
ColleenF111518 11/15/2018 0798 CC Charges $649.79
KenT111518 11/15/2018 8562 CC Charges $520.77
karengo111518 11/15/2018 0882 CC Charges ($7.89)
MariluM111518 11/15/2018 8795CCCharges $826.66
BarbaraB111518 11/15/2018 8712CCCharges $309.49
JeffP111518 11/15/2018 3990CCCharges $356.03
Monday, December 10, 2018Pages: 8 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
45
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
KelseyH111518 11/15/2018 1679CCCharges $591.33
AmandaH111518 11/15/2018 9326 CC Charges $234.24
EmmaS111518 11/15/2018 1986 CC Charges $524.23
AndrewW111518 11/15/2018 1952 CC Charges $620.05
DanielM111518 11/15/2018 8787 CC Charges $32.65
JindyG111518 11/15/2018 0175 CC Charges $30.00
RobertD111518 11/15/2018 2557 CC Charges $265.97
Bethe111518 11/15/2018 CC charges 5593 $1,991.60
TiffC111518 11/15/2018 4383 CC Charges ($8.72)
KimF111518 11/15/2018 6867 CC Charges $204.15
Rebecca111518 11/15/2018 6158 CC Charges $377.97
RSander111518 11/15/2018 8269 CC Charges $910.28
GraceS111518 11/15/2018 2958 CC Charges $126.40
BrianB11-15-18 11/15/2018 8952 CC Charges $1,189.63
ElizabethS111518 11/15/2018 0862 CC Charges $2,938.21
Type Check Totals:85 Transactions $388,847.09
EFT
28158 12/06/2018 Open Accounts Payable P E R S $122,833.75
Invoice Date Description Amount
11232018 11/23/2018 CalPERS 11/10-11/23/18 $122,833.75
28159 12/03/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $35,774.58
Invoice Date Description Amount
11232018 11/23/2018 CA - CA State Tax pp 11/10-11/23/18 $35,774.58
28160 12/03/2018 Open Accounts Payable IRS $116,586.85
Invoice Date Description Amount
11232018 11/23/2018 FED - Federal Tax pp 11/10-11/23/18 $116,586.85
28161 12/03/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $1.51
Invoice Date Description Amount
11232018PaulT 11/23/2018 CA - CA State Tax pp 11/10-11/23/18 $1.51
28162 12/03/2018 Open Accounts Payable IRS $20.12
Invoice Date Description Amount
11232018PaulT 11/23/2018 FED - Federal Tax pp 11/10-11/23/18 $20.12
28163 12/07/2018 Open Accounts Payable ABAG PLAN CORPORATION $34.00
Invoice Date Description Amount
PLAN-2019-055 09/21/2018 Claims $34.00
28164 12/07/2018 Open Accounts Payable AUSTIN, NATASHA $2,237.50
Invoice Date Description Amount
Natasha Fall18-2 12/04/2018 Fall 2018 Payment 2 $2,237.50
28165 12/07/2018 Open Accounts Payable G BORTOLOTTO & CO INC $431,159.37
Invoice Date Description Amount
4675 11/30/2018 2018 Pavement Maintenance Phase 1 Project 2018-
101
$431,159.37
28166 12/07/2018 Open Accounts Payable JULIA KINST $84.96
Invoice Date Description Amount
JuliaK102318 10/23/2018 SR2S Fall Bike Fest Cups $44.75
JuliaK112418 11/24/2018 Organizer $22.86
Monday, December 10, 2018Pages: 9 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
46
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
JuliaK112018 11/20/2018 PW Holiday Lunch Supplies $17.35
28167 12/07/2018 Open Accounts Payable LAW OFFICES OF BURKE,
WILLIAMS & SORENSEN
$6,244.50
Invoice Date Description Amount
233720 11/19/2018 Legal Services $862.50
234470 11/30/2018 Legal Services $5,382.00
28168 12/07/2018 Open Accounts Payable LINDA RIOS $4,000.00
Invoice Date Description Amount
1256 12/02/2018 Youth Outreach Services $4,000.00
28169 12/07/2018 Open Accounts Payable PROFESSIONAL TURF MGMNT INC $67.50
Invoice Date Description Amount
875 11/26/2018 Scenic Circle Gate $67.50
28170 12/07/2018 Open Accounts Payable SHUTE, MIHALY & WEINBERGER
LLP
$40,522.53
Invoice Date Description Amount
10302018 10/30/2018 Conference Lodging $468.10
257983 10/25/2018 Legal Services $2,889.05
258308 11/27/2018 Legal Services $6,641.36
258395 11/29/2018 Legal Services $5,585.00
258394 11/29/2018 Legal Services $11,371.14
258396 11/29/2018 Legal Services $13,567.88
28171 12/07/2018 Open Accounts Payable TIMM BORDEN $55.00
Invoice Date Description Amount
TimmB10252018 10/25/2018 Cell Phone Reimbursement 10/25-11/24/2018 $55.00
Type EFT Totals:14 Transactions $759,622.17
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 85 $388,847.09 $0.00
Monday, December 10, 2018Pages: 10 of 11user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
47
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 85 $388,847.09 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $759,622.17 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 14 $759,622.17 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 99 $1,148,469.26 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 99 $1,148,469.26 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 85 $388,847.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 85 $388,847.09 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $759,622.17 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 14 $759,622.17 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 99 $1,148,469.26 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 99 $1,148,469.26 $0.00
Monday, December 10, 2018Pages: 11 of 11user: Zeng Wang
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From Payment Date: 12/1/2018 - To Payment Date: 12/7/2018
48
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5200 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending December 14, 2018
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
C - AP Report MISC
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending December 14, 2018
Adopt Resolution No. 19-026 accepting Accounts Payable for the period ending December 14,
2018
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™49
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718445 12/13/2018 Open Accounts Payable NEEHARIKA KONDUBHATLA $379.00
Invoice Date Description Amount
2019-00000149 07/19/2018 Refund for Biochemistry $379.00
718447 12/14/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $126.74
Invoice Date Description Amount
4984729120118 12/01/2018 Water for QCC Staff $126.74
718448 12/14/2018 Open Accounts Payable ALL CITY MANAGEMENT
SERVICES
$12,036.24
Invoice Date Description Amount
57806 11/21/2018 11/4-11/17/2018 School Crossing Guard Service $12,036.24
718449 12/14/2018 Open Accounts Payable AT&T $2,568.61
Invoice Date Description Amount
000012164772 11/10/2018 9391051384 $1,952.85
000012173127 11/12/2018 9391023219 (408-252-1118) $100.85
000012173129 11/12/2018 9391023221 (408-253-9200)$87.56
000012173226 11/12/2018 9391023217 (237-361-8095)$88.27
000012173130 11/12/2018 9391023222 (408-517-0211)$20.85
000012173225 11/12/2018 9391023218 (238-371-7141)$69.52
000012173228 11/12/2018 9391023215 (233-281-4421)$109.77
000012173135 11/12/2018 9391023227 (408-996-9248)$19.20
000012173133 11/12/2018 9391023225 (408-777-8204)$20.93
000012173227 11/12/2018 9391023216 (233-281-5494)$98.81
718450 12/14/2018 Open Accounts Payable BOETHING TREELAND FARMS INC $330.06
Invoice Date Description Amount
SI-1179016 11/28/2018 Trees&ROW: Street Trees $56.55
SI-1179021 11/28/2018 Trees&ROW: Plants $273.51
718451 12/14/2018 Open Accounts Payable CASH $314.83
Invoice Date Description Amount
CASH120618 12/06/2018 Petty Cash Reconciliation 08.16-11.27.18 $314.83
718452 12/14/2018 Reconciled 12/14/2018 Accounts Payable CASH $228.00 $228.00 $0.00
Invoice Date Description Amount
11302018 11/30/2018 Nevada City Holiday Trip - Driver Gratuity $228.00
718453 12/14/2018 Open Accounts Payable CINTAS CORPORATION $405.83
Invoice Date Description Amount
630573374 12/11/2018 Uniforms/Safety Apparel $405.83
718454 12/14/2018 Open Accounts Payable Colonial Life & Accident Insurance $175.83
Invoice Date Description Amount
12072018 12/07/2018 4800 - *Colonial Products - Pre-Tax*$175.83
718455 12/14/2018 Open Accounts Payable COMMUNICATION STRATEGIES $877.50
Invoice Date Description Amount
1666 11/30/2018 Project Coordination $877.50
Tuesday, December 18, 2018Pages: 1 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
50
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718456 12/14/2018 Open Accounts Payable Community Health Charities of
California
$257.00
Invoice Date Description Amount
12072018 12/07/2018 4400 - Community Health Charities $257.00
718457 12/14/2018 Open Accounts Payable COTTON SHIRES & ASSO INC $2,000.00
Invoice Date Description Amount
113552R 11/19/2018 11406 Lindy Pl Svcs 10.1.18 - 10.31.18 $2,000.00
718458 12/14/2018 Open Accounts Payable CUPERTINO COPERTINO SISTER
CITIES ASSOCIATION
$1,325.00
Invoice Date Description Amount
02052018 10/08/2018 Copertino Sister City Reimbursement 1/1 - 10/8 2018
Expenses
$1,325.00
718459 12/14/2018 Open Accounts Payable CUPERTINO SUPPLY INC $91.56
Invoice Date Description Amount
186448 11/19/2018 Grounds: PVC Pipe $91.56
718460 12/14/2018 Open Accounts Payable DEPARTMENT OF JUSTICE $128.00
Invoice Date Description Amount
341736 12/05/2018 Fingerprint Apps $128.00
718461 12/14/2018 Open Accounts Payable DIRECTV $165.98
Invoice Date Description Amount
35485941972 11/26/2018 DirecTV (11/25/18 - 12/24/18)$165.98
718462 12/14/2018 Open Accounts Payable FOLGER GRAPHICS INC $3,370.00
Invoice Date Description Amount
121373 11/30/2018 Cupertino Scene October 2018 $3,370.00
718463 12/14/2018 Open Accounts Payable Friends of Vision Literacy $60.00
Invoice Date Description Amount
121118 12/11/2018 ESL Basic&Easy Instruction (8.15-12.10) 3 students $60.00
718464 12/14/2018 Open Accounts Payable GILBANE BUILDING COMPANY $13,981.00
Invoice Date Description Amount
#23 PO 2016-498 12/01/2018 CTYCU001_J05934.100_201811-J480 DeAnza
Median Phase 1
$4,552.00
#3 PO 2019-226 12/01/2018 CTYCU001_J05934.200_201811-J481 SC LED Sign $9,429.00
718465 12/14/2018 Open Accounts Payable GOURMET XPRESS $757.45
Invoice Date Description Amount
837368 11/28/2018 Tree Lighting Cookies 2018 $757.45
718466 12/14/2018 Open Accounts Payable GREAT BASIN LIGHTING INC $3,313.30
Invoice Date Description Amount
12379 12/03/2018 Streets: Reducers for Library Parking Lot Lights $3,313.30
718467 12/14/2018 Open Accounts Payable GRIDSMART TECHNOLOGIES, INC.$16,200.00
Invoice Date Description Amount
8971 11/14/2018 CS2 Processor $16,200.00
718468 12/14/2018 Reconciled 12/14/2018 Accounts Payable Guerra Construction Group $178,657.00 $178,657.00 $0.00
Invoice Date Description Amount
2 2015-19 12/12/2018 McClellan Road Sidewalk Improvements Payment 2
PH2
$178,657.00
Tuesday, December 18, 2018Pages: 2 of 10user: Zeng Wang
Payment Register
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From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
51
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718469 12/14/2018 Open Accounts Payable Hartford Life Insurance $10,663.20
Invoice Date Description Amount
654166506342 12/10/2018 December 2018 Life and AD&D Benefit $10,663.20
718470 12/14/2018 Open Accounts Payable Hartford-Priority Accts $386.97
Invoice Date Description Amount
754208260789 12/10/2018 December 2018 $386.97
718471 12/14/2018 Open Accounts Payable Health Care Dental Trust $29,159.40
Invoice Date Description Amount
December2018 12/10/2018 December 2018 Dental Benefit $29,159.40
718472 12/14/2018 Open Accounts Payable HOMESTEAD 76 $74.96
Invoice Date Description Amount
20181201 12/01/2018 Car Washes $74.96
718473 12/14/2018 Open Accounts Payable IDAX $12,565.00
Invoice Date Description Amount
CA18283.1 11/30/2018 Apple Camus Cut-Thru Traffic Monitoring & Mit
through 11/30
$12,565.00
718474 12/14/2018 Open Accounts Payable IFPTE LOCAL 21 $1,846.38
Invoice Date Description Amount
12072018 12/07/2018 4200 - Association Dues - CEA $1,846.38
718475 12/14/2018 Open Accounts Payable INTERSTATE BATTERY SYSTEM
OF SAN JOSE INC.
$112.79
Invoice Date Description Amount
10281980 11/29/2018 Battery $112.79
718476 12/14/2018 Open Accounts Payable KELLY H TUNG $224.16
Invoice Date Description Amount
KellyH112618 11/26/2018 Student Green Grant Reimbursement $224.16
718477 12/14/2018 Open Accounts Payable KIMBALL-MIDWEST $435.38
Invoice Date Description Amount
6771081 11/29/2018 Hardware Parts for Mechanic Shop (EQP&VEH)$435.38
718478 12/14/2018 Open Accounts Payable LETTIRE, COLLEEN $55.00
Invoice Date Description Amount
ColeenL121118 12/11/2018 Cell Phone Reimbursement 11/7 - 12/6 $55.00
718479 12/14/2018 Open Accounts Payable Life Insurance Company of North
America
$12,899.80
Invoice Date Description Amount
3351- 12102018 12/10/2018 December 2018 CIGNA $12,899.80
718480 12/14/2018 Open Accounts Payable Local Government Commission $1,000.00
Invoice Date Description Amount
102155 11/29/2018 Green Cities Ca Membership Dues $1,000.00
718481 12/14/2018 Open Accounts Payable MAHAN AND SONS INC $1,400.00
Invoice Date Description Amount
1644 12/02/2018 Grounds: Varian Orchard Nov Maint.$1,400.00
718482 12/14/2018 Open Accounts Payable Managed Health Network Inc $801.09
Invoice Date Description Amount
PRM-031917 12/10/2018 December 2018 EAP Benefit $801.09
Tuesday, December 18, 2018Pages: 3 of 10user: Zeng Wang
Payment Register
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From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
52
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718483 12/14/2018 Open Accounts Payable MARC LABRIE $55.00
Invoice Date Description Amount
MarcL111918 11/19/2018 Cell Phone Service Reimursement; 10.20.18-11.19.18 $55.00
718484 12/14/2018 Open Accounts Payable MAZE AND ASSOCIATES $2,350.00
Invoice Date Description Amount
30154 11/12/2018 Professional Services November 2018 $2,350.00
718485 12/14/2018 Open Accounts Payable MITY-LITE, INC.$2,494.60
Invoice Date Description Amount
82069 11/13/2018 New Tables & Chairs for Wilson Park Building (1/2)$1,284.84
81801 11/08/2018 New Tables & Chairs for Wilson Park Building (2/2)$1,209.76
718486 12/14/2018 Open Accounts Payable MOUNTAIN VIEW GARDEN
CENTER
$818.81
Invoice Date Description Amount
97027 11/27/2018 Grounds: Red Pro Chip for Quinlan $818.81
718487 12/14/2018 Open Accounts Payable NATIONAL LEAGUE OF CITIES $4,601.01
Invoice Date Description Amount
152016 11/20/2018 Direct Member dues for National League of Cities $4,601.01
718488 12/14/2018 Open Accounts Payable O'REILLY AUTO PARTS $26.08
Invoice Date Description Amount
2591-370684 11/28/2018 Oil Filter $13.89
2591-370799 11/29/2018 Air Filter $12.19
718489 12/14/2018 Open Accounts Payable OFFICE DEPOT $960.43
Invoice Date Description Amount
232520274001 11/16/2018 Coffee Supplies: Cream, Tea, Cups $259.10
232520274002 11/19/2018 Coffee Supplies: Cream $14.90
232823473001 11/16/2018 Office Supplies: Lanyards and Paper $180.56
234749352001 11/21/2018 Coffee Supplies: Hot Cup Sleeves $92.64
234752746001 11/21/2018 Coffee Supplies: Cups $130.46
234982818001 11/21/2018 Office Supplies: Electronic Dusters, Label Maker Tape $69.52
235752822001 11/26/2018 Office Supplies: Binders, Mech Pencils, Envelopes $73.18
238651464001 11/28/2018 Office supplies $10.45
234751055001 11/21/2018 Coffee Supplies: Cups $81.42
958577277001 08/29/2017 Wall Calendar - Dry Erase ($42.94)
238561826001 11/28/2018 Office Supplies $34.18
234816856001 11/21/2018 General Supplies $15.89
233355390001 11/19/2018 Office Supplies $14.16
228833589001 11/08/2018 Office Supplies $18.63
228833733001 11/08/2018 General Supplies $8.28
718490 12/14/2018 Open Accounts Payable Operating Engineer #3 $1,512.16
Invoice Date Description Amount
12072018 12/07/2018 4100 - Union Dues $1,512.16
718491 12/14/2018 Open Accounts Payable Osborne, Chylene $1.40
Invoice Date Description Amount
1565 12/12/2018 December 2018 Deductions Reimbursement $1.40
Tuesday, December 18, 2018Pages: 4 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
53
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718492 12/14/2018 Open Accounts Payable PACIFIC POLYMERS CO $5,681.00
Invoice Date Description Amount
6721 12/04/2018 Grounds: 40x46 Clear 1.5 Mil 100/cs $5,681.00
718493 12/14/2018 Open Accounts Payable PERS Long Term Care Program $30.28
Invoice Date Description Amount
12072018 12/07/2018 0530 - PERS Long Term Care $30.28
718494 12/14/2018 Open Accounts Payable PG&E $187.31
Invoice Date Description Amount
9785-11292018 11/29/2018 2016881978-5 10/22-11/19/18 $9.76
0349-11282018 11/28/2018 3042033034-9 10/20/18-11/19/18 $177.55
718495 12/14/2018 Open Accounts Payable RONALD D OLDS $518.00
Invoice Date Description Amount
5238 12/09/2018 AJA Wiring; RDL dividers; YC Lines to VTR/DVD $518.00
718496 12/14/2018 Open Accounts Payable SAN JOSE MERCURY NEWS $218.34
Invoice Date Description Amount
1435665-11122018 11/12/2018 Local Newspaper for QCC Lobby $218.34
718497 12/14/2018 Open Accounts Payable SAN JOSE WATER COMPANY $40,692.27
Invoice Date Description Amount
Import - 56109 11/21/2018 0063820000-6 - Janice Av.LS $52.03
Import - 56111 11/21/2018 0068410000-1 - 22221 McClellan 8302 $532.38
Import - 56112 11/21/2018 0134100000-6 - 8303 Memorial Park $1,807.09
Import - 56115 11/21/2018 0345710000-0 - Alderbrook Ln.FS $77.86
Import - 56117 11/21/2018 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$247.55
Import - 56119 11/21/2018 1198300000-8 - 21979 San Fernando Ave. 6620 $151.04
Import - 56120 11/21/2018 1250520000-1 - 6620 Blackberry/Snack $390.74
Import - 56121 11/21/2018 1332100000-5 - Hyde Avenue $2,493.99
Import - 56122 11/21/2018 1393820000-6 - Irrig SC/Stelling LS (Stev Crk Blvd)$90.16
Import - 56123 11/21/2018 1444810000-9 - Hyannisport Dr. LS $1,683.06
Import - 56127 11/21/2018 1735700000-3 - 8303 Memorial Park Restroom $151.04
Import - 56128 11/21/2018 1787904559-3 - 22221 McClellan 8302 $92.09
Import - 56129 11/21/2018 1832500000-0 - Ruppell PL LS $1,115.11
Import - 56130 11/21/2018 1836700000-9 - 8322 Mary Mini Park $161.93
Import - 56131 11/21/2018 1987700000-0 - Alderbrook Ln LS $3,912.24
Import - 56132 11/21/2018 2228610000-7 - 21111 Stevens Crk LS $309.02
Import - 56133 11/21/2018 2243500000-9 - 10300 Ainsworth Dr.LS $483.34
Import - 56134 11/21/2018 2286120000-8 - 21251 Stevens Creek Blvd $48.84
Import - 56135 11/21/2018 2288800000-1 - 8306 Somerset Park $385.30
Import - 56137 11/21/2018 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$77.86
Import - 56138 11/21/2018 2892070144-9 - 22221 McClellan 8320 $97.69
Import - 56139 11/21/2018 2958510000-0 - 10555 Mary Ave.$101.07
Import - 56140 11/21/2018 2974010000-2 - 21251 Stevens Creek Blvd $543.26
Import - 56141 11/21/2018 2984810000-3 - 8504 Alves and Stelling $216.42
Import - 56143 11/21/2018 3207400000-4 - 21710 McClellan 8312 $608.65
Import - 56144 11/21/2018 3296700000-4 - Irrig SC/Stelling LS (Stev Crk Blvd)$90.16
Import - 56146 11/21/2018 3430520000-4 - 21111 Stev. Crk Blvd Teen Ctr $33.00
Import - 56147 11/21/2018 3530520000-4 - 21111 Stev.Crk Blvd 8510 $286.92
Import - 56148 11/21/2018 3612707315-7 - Stocklmeir Ct $1,545.61
Import - 56149 11/21/2018 3673220000-5 - Stev.Crk/Cupertino Rd.$302.63
Tuesday, December 18, 2018Pages: 5 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
54
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 56152 11/21/2018 3746710000-6 - 21111 Stev.Crk BL FS $73.28
Import - 56153 11/21/2018 3841010000-2 - 8507 Monta Vista Park $178.27
Import - 56154 11/21/2018 3856110000-9 - 8322 Stella Estates $41.18
Import - 56155 11/21/2018 3857710000-1 - 8322 Foothill/Cupertino Rd $233.73
Import - 56157 11/21/2018 3900520000-9 - 10300 Torre Ave $424.83
Import - 56158 11/21/2018 4012210000-7 - 22601 Voss Av 8304 $617.26
Import - 56159 11/21/2018 4103020000-4 - 6620 Blackberry/Snack $238.21
Import - 56160 11/21/2018 4227520000-6 - 8303 Memorial Park $695.79
Import - 56164 11/21/2018 5122900000-8 - Portable Meter $312.18
Import - 56165 11/21/2018 5237400000-9 - Dumas Dr, LS $3,762.87
Import - 56171 11/21/2018 5778910000-5 - 8504 Quinlan Ln.FS $48.84
Import - 56172 11/21/2018 5835000000-4 - 8322 Stelling/Alves $108.45
Import - 56174 11/21/2018 5948100000-4 - Emerg Irrig/Golf $3,729.89
Import - 56175 11/21/2018 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$281.20
Import - 56176 11/21/2018 5997110000-9 - 7555 Barnhart Pl $1,706.04
Import - 56177 11/21/2018 6292600000-1 - 10800 Torre Ave LS $1,125.76
Import - 56178 11/21/2018 6296810000-8 - 8322 Stev.Crk Bl median $106.50
Import - 56179 11/21/2018 6405210000-1 - 8506 McClellan Ranch $95.63
Import - 56180 11/21/2018 6578520000-0 - 8322 Foothill/Alpine LS $184.70
Import - 56181 11/21/2018 6730700000-9 - 21975 San Fernando Av $128.31
Import - 56183 11/21/2018 6788620000-4 - 10555 Mary Ave. 8503 $178.27
Import - 56185 11/21/2018 6907100000-9 - Alderbrook Ln $133.00
Import - 56186 11/21/2018 6935200000-9 - 8303 Memorial Park $3,888.04
Import - 56187 11/21/2018 6973320000-5 - 8301 Linda Vista PK1 $156.50
Import - 56188 11/21/2018 7036000000-7 - 85 Stev.Crk/Mary LS $102.99
Import - 56190 11/21/2018 7054200000-8 - 8322 Phar Lap LS $63.29
Import - 56192 11/21/2018 7495200000-3 - 10300 Torre Ave FS $77.86
Import - 56194 11/21/2018 7630410000-1 - Salem Av.LS $413.50
Import - 56197 11/21/2018 7930000000-1 - 8322 Stelling/Christensen Dr.$113.88
Import - 56198 11/21/2018 8006810000-9 - 10450 Mann Dr $30.59
Import - 56199 11/21/2018 8065700000-8 - Peninsula and Fitzgerald Is $30.59
Import - 56201 11/21/2018 8270010000-9 - Janice Ave.LS $281.78
Import - 56202 11/21/2018 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $90.16
Import - 56203 11/21/2018 8427420000-9 - 8322 Foothill/Vista Knoll $86.64
Import - 56204 11/21/2018 8549600000-2 - Bubb Rd.LS $1,556.65
Import - 56205 11/21/2018 8605220000-2 - Stev.Crk/Orange LS $41.18
Import - 56206 11/21/2018 8647520000-1 - 10555 Mary Ave/Corp Yard FS $122.12
Import - 56207 11/21/2018 8755010000-9 - 10455 Miller Ave/Creekside $258.25
Import - 56208 11/21/2018 8879620000-9 - 8504 Christensen Dr $210.97
Import - 56209 11/21/2018 8886800000-6 - 8301 Linda Vista PK2 $145.58
Import - 56212 11/21/2018 9377600000-7 - 8307 Varian Park $265.45
Import - 56218 11/21/2018 9785210000-3 - 8322 Stev.Crk BL median $46.58
Import - 56219 11/21/2018 9824500000-9 - 8322 Irrig SC/Stelling $217.40
718498 12/14/2018 Open Accounts Payable SANTA CLARA COUNTY SHERIFF
DEPT
$1,076,704.94
Invoice Date Description Amount
1800065571 12/03/2018 Services December 2018 $1,076,704.94
Tuesday, December 18, 2018Pages: 6 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
55
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718499 12/14/2018 Open Accounts Payable SANTA CLARA VALLEY TRANS
AUTHORITY
$360.01
Invoice Date Description Amount
1800025464 11/30/2018 Apple Campus 2 Traffic Mit Improv/Rapid 523 Bus
Improv
$360.01
718500 12/14/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $380.17
Invoice Date Description Amount
3398799682 12/08/2018 tea, cleaning, pens, tissu, copy poster paper for QCC $380.17
718501 12/14/2018 Open Accounts Payable State Disbursement Unit $276.92
Invoice Date Description Amount
12072018 12/07/2018 0100 - Child Support $276.92
718502 12/14/2018 Open Accounts Payable STRATEGIC ENERGY
INNOVATIONS
$36,250.00
Invoice Date Description Amount
2828 08/16/2018 Climate Corps Fellowship Program $36,250.00
718503 12/14/2018 Open Accounts Payable SUNNYVALE FORD $111.05
Invoice Date Description Amount
137104 12/03/2018 Hose $72.01
137240 12/03/2018 Antifreeze $39.04
718504 12/14/2018 Open Accounts Payable SWRCB FEES $568.00
Invoice Date Description Amount
SW-0158092 11/07/2018 Annual Permit Fee 7/1/18-6/30/19 $568.00
718505 12/14/2018 Open Accounts Payable TARGET SPECIALTY PRODUCTS $1,268.77
Invoice Date Description Amount
PI0905171 12/10/2018 Trees & ROW: Gallery SC MCP $1,268.77
718506 12/14/2018 Open Accounts Payable TED PENG $1.40
Invoice Date Description Amount
2952 12/12/2018 September 2018 Deductions Reimbursement $1.40
718507 12/14/2018 Open Accounts Payable The Consulting Team LLC $3,816.36
Invoice Date Description Amount
884 11/19/2018 Coaching- CM $3,816.36
718508 12/14/2018 Open Accounts Payable THERMAL MECHANICAL, INC.$7,421.42
Invoice Date Description Amount
73868 08/29/2018 Addtl Repairs During Compressor #2 Replacement $7,421.42
718509 12/14/2018 Open Accounts Payable TOMOKO TERRY $662.20
Invoice Date Description Amount
121118 12/11/2018 Japanese 1 & 2 (10.4-12.6) 10 + 12 students $662.20
718510 12/14/2018 Open Accounts Payable Tripepi, Smith and Associates, Inc $637.50
Invoice Date Description Amount
3734 11/30/2018 Cupertino Scene December 2018 $637.50
718511 12/14/2018 Open Accounts Payable Vision Service Plan (CA)$364.04
Invoice Date Description Amount
December 2018 VB 12/10/2018 December 2018 Vision Benefit $364.04
Tuesday, December 18, 2018Pages: 7 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
56
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718512 12/14/2018 Open Accounts Payable Vision Service Plan (CA)$3,464.08
Invoice Date Description Amount
December2018 VB 12/10/2018 December 2018 Vision Benefit- Safety Glasses $3,464.08
718513 12/14/2018 Open Accounts Payable YORK INSURANCE SERVICES
GROUP INC
$2,208.17
Invoice Date Description Amount
500018255 12/01/2018 Workers Comp. Claims 12/01/18 - 12/31/18 $2,208.17
718514 12/14/2018 Open Accounts Payable Chiu, Julie $1.40
Invoice Date Description Amount
2849 12/12/2018 December 2018 Deductions Reimbursement $1.40
718515 12/14/2018 Open Accounts Payable Intero Real Estate $500.00
Invoice Date Description Amount
1699 12/11/2018 Social Room security deposit refund, 12.11.18, Permit
R1699
$500.00
718516 12/14/2018 Open Accounts Payable Iranian Cultural Events $1,000.00
Invoice Date Description Amount
613 12/03/2018 Cupertino/Social Rm security deposit refund,3.17.18,
Permit R613
$1,000.00
718517 12/14/2018 Open Accounts Payable Kinney, Kay $2.00
Invoice Date Description Amount
2000009.032 12/12/2018 refunding balance owed after switching to different
luncheon
$2.00
718518 12/14/2018 Open Accounts Payable Kung Fu Club $180.00
Invoice Date Description Amount
1449303 11/19/2018 Group canceled MVRC rental due to air quality, 11/16
& 11/18/18
$180.00
718519 12/14/2018 Open Accounts Payable Liu, Hong $386.84
Invoice Date Description Amount
216480 12/07/2018 10128 Stern Ave. - Tree Fee Refund - 216480 $386.84
718520 12/14/2018 Open Accounts Payable Maguire, Carroll $2.00
Invoice Date Description Amount
2000008.032 12/12/2018 refunding balance owed after switching to different
luncheon
$2.00
718521 12/14/2018 Open Accounts Payable Trivedi, Anu $4.00
Invoice Date Description Amount
2000055.030 11/26/2018 POS pilates $10 pass charged, but wanted Aerobics
$6 pass.
$4.00
718522 12/14/2018 Open Accounts Payable Wang, Ruiping $30,000.00
Invoice Date Description Amount
211694 12/07/2018 10721 Santa Lucia Road - 100% LM Bond - 211694 $30,000.00
718523 12/14/2018 Open Accounts Payable Zhai, JianJun $5,000.00
Invoice Date Description Amount
212462 12/07/2018 10700 Morengo Dr. - Encroachment Bond - 212462 $5,000.00
Tuesday, December 18, 2018Pages: 8 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
57
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718524 12/14/2018 Open Accounts Payable KAREN SHUM $66.00
Invoice Date Description Amount
2018-00001685 06/17/2018 Transfer from 89632 to 74753. Refund Remaning
Balance
$66.00
718525 12/14/2018 Open Accounts Payable Yamada, Kamiki $38.00
Invoice Date Description Amount
478771 03/12/2018 Sr Ctr Class Refunds $38.00
Type Check Totals:80 Transactions $1,541,195.02 $178,885.00 $0.00
EFT
28172 12/14/2018 Open Accounts Payable Employment Development $1,427.85
Invoice Date Description Amount
12072018 12/07/2018 SDI - State Disability Insurance $1,427.85
28173 12/14/2018 Open Accounts Payable PERS-457K $8,377.58
Invoice Date Description Amount
12072018 12/07/2018 3200 - *PERS Deferred Comp*$8,377.58
28174 12/14/2018 Open Accounts Payable BIKLEN, CHELSEA $1.40
Invoice Date Description Amount
2792 12/12/2018 September 2018 Deductions Reimbursement $1.40
28175 12/14/2018 Open Accounts Payable CLIFF MABUTAS $41.75
Invoice Date Description Amount
CliffM111218 11/12/2018 Cell Phone Service Reimbursement; 10.13.18-
11.12.18
$41.75
28176 12/14/2018 Open Accounts Payable Eflex Group, Inc $4,362.48
Invoice Date Description Amount
12072018 12/07/2018 4700 - *FSA Employee Health*$4,362.48
28177 12/14/2018 Open Accounts Payable GRACE SCHMIDT $55.00
Invoice Date Description Amount
GraceS121118 12/04/2018 CC Cell Phone Reimbursement 11/5 - 12/4 $55.00
28178 12/14/2018 Open Accounts Payable HALL, DEBORAH KAY $595.00
Invoice Date Description Amount
121118 12/11/2018 Beading + Kumihimo Classes (Nov/Dec) 11 + 9
Participants
$595.00
28179 12/14/2018 Open Accounts Payable ICMA Retirement Trust-457 $1,827.54
Invoice Date Description Amount
12072018 12/07/2018 3100 - *ICMA Deferred Comp*$1,827.54
28180 12/14/2018 Open Accounts Payable JASON FAUTH $55.00
Invoice Date Description Amount
JasonF111918 11/19/2018 Cell Phone Svc Reimbursement; 10.20.18-11.19.18 $55.00
28181 12/14/2018 Open Accounts Payable JULIA KINST $120.00
Invoice Date Description Amount
JuliaK120418 12/04/2018 Public Works Holiday Supplies $120.00
28182 12/14/2018 Open Accounts Payable National Deferred (ROTH)$6,751.92
Invoice Date Description Amount
12072018 12/07/2018 3010 - Nationwide Roth $6,751.92
Tuesday, December 18, 2018Pages: 9 of 10user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
58
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28183 12/14/2018 Open Accounts Payable National Deferred Compensatin $27,600.76
Invoice Date Description Amount
12072018 12/07/2018 3000 - *Nationwide Deferred Compensatio $27,600.76
28184 12/14/2018 Open Accounts Payable NICK ALVAREZ $55.00
Invoice Date Description Amount
NickA111018 11/10/2018 Cell Phone Svc Reimbursement; 10.11.18-11.10.18 $55.00
28185 12/14/2018 Open Accounts Payable PARS/City of Cupertino $4,203.74
Invoice Date Description Amount
12072018 12/07/2018 3321 - PARS Employee *$4,203.74
Type EFT Totals:14 Transactions $55,475.02
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 78 $1,362,310.02 $0.00
Reconciled 2 $178,885.00 $178,885.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,541,195.02 $178,885.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $55,475.02 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 14 $55,475.02 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 92 $1,417,785.04 $0.00
Reconciled 2 $178,885.00 $178,885.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 94 $1,596,670.04 $178,885.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 78 $1,362,310.02 $0.00
Reconciled 2 $178,885.00 $178,885.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,541,195.02 $178,885.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $55,475.02 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 14 $55,475.02 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 92 $1,417,785.04 $0.00
Reconciled 2 $178,885.00 $178,885.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 94 $1,596,670.04 $178,885.00
Tuesday, December 18, 2018Pages: 10 of 10user: Zeng Wang
Payment Register
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From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
59
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718446 12/14/2018 Open Miscellaneous Billing
Refund
11845 UPLAND WAY-RENO
BRADFIELD
$2,766.46
Type Check Totals:1 Transactions $2,766.46
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 1 $2,766.46 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $2,766.46 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 0 $0.00 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 1 $2,766.46 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $2,766.46 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 1 $2,766.46 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $2,766.46 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 0 $0.00 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 1 $2,766.46 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $2,766.46 $0.00
Tuesday, December 18, 2018Pages: 1 of 1user: Zeng Wang
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From Payment Date: 12/8/2018 - To Payment Date: 12/14/2018
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5201 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending December 21, 2018
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending December 21, 2018
Adopt Resolution No. 19-027 accepting Accounts Payable for the period ending December 21,
2018
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™61
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718526 12/21/2018 Open Accounts Payable 4 PAWS GOOSE CONTROL $1,850.00
Invoice Date Description Amount
1223 12/05/2018 Grounds: Memorial Park Goose Control November
2018
$1,850.00
718527 12/21/2018 Open Accounts Payable A T & T $121.02
Invoice Date Description Amount
5558-112818 11/28/2018 960 731-7142 555 8 $121.02
718528 12/21/2018 Open Accounts Payable AARABI RAJESHWARAN $40.00
Invoice Date Description Amount
121918 12/19/2018 December payment $40.00
718529 12/21/2018 Open Accounts Payable ABAG POWER PURCHASING POOL
(GAS)
$4,644.57
Invoice Date Description Amount
ar018873 12/01/2018 CUPACPC001 -DEC18 $4,644.57
718530 12/21/2018 Open Accounts Payable ABOLI JAYDEEP RANADE $105.00
Invoice Date Description Amount
121818 12/19/2018 December payment $105.00
718531 12/21/2018 Open Accounts Payable ABRAHAM CARIAGA $60.00
Invoice Date Description Amount
AbeC101718 10/17/2018 Reimbursement-Qualified Applicator Cert#88179-Dept
of Pest. Reg
$60.00
718532 12/21/2018 Open Accounts Payable ACEC-CA $238.23
Invoice Date Description Amount
12182018 12/18/2018 State Laws Books $238.23
718533 12/21/2018 Open Accounts Payable AdTaxi | Bay Area News Group $1,741.00
Invoice Date Description Amount
0001162590 11/30/2018 Legal Advertising $1,741.00
718534 12/21/2018 Open Accounts Payable AIRGAS USA LLC $179.10
Invoice Date Description Amount
9958177635 11/30/2018 Streets: Cylinder Rental $121.35
9958177634 11/30/2018 Streets: Cylinder Rental $57.75
718535 12/21/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $111.36
Invoice Date Description Amount
4984902 120118 12/01/2018 water $111.36
718536 12/21/2018 Open Accounts Payable ALL CITY MANAGEMENT
SERVICES
$7,151.67
Invoice Date Description Amount
58131 12/06/2018 School Crossing Guard Services, 11.18.18 to 12.1.18 $7,151.67
718537 12/21/2018 Open Accounts Payable AMERICAN FOR THE ARTS $75.00
Invoice Date Description Amount
161560 09/04/2018 membership renewal $75.00
Wednesday, January 02, 2019Pages: 1 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
62
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718538 12/21/2018 Open Accounts Payable ANYA KROTH $90.68
Invoice Date Description Amount
AK.3F 12/18/2018 3rd fall payment $90.68
718539 12/21/2018 Open Accounts Payable AT&T $456.06
Invoice Date Description Amount
9003-111818 11/18/2018 911 Emergency Phone Lines $41.46
2001-111818 11/18/2018 911 Emergency Phone Lines $41.46
4014-111818 11/18/2018 911 Emergency Phone Lines $41.46
1003-111818 11/18/2018 911 Emergency Phone Lines $41.46
2205-112118 11/21/2018 911 Emergency Phone Lines $41.46
7272-112118 11/21/2018 911 Emergency Phone Lines $41.46
3043-112118 11/21/2018 911 Emergency Phone Lines $41.46
8401-112118 11/21/2018 911 Emergency Phone Lines $41.46
3002-112118 11/21/2018 911 Emergency Phone Lines $41.46
9012-112118 11/21/2018 911 Emergency Phone Lines $41.46
2003-112518 11/25/2018 911 Emergency Phone Lines $41.46
718540 12/21/2018 Open Accounts Payable BAY AREA PRINTER & DATA SVCS
INC
$212.55
Invoice Date Description Amount
19220 08/20/2018 Toner for PW $212.55
718541 12/21/2018 Open Accounts Payable BAY AREA SELF STORAGE $586.00
Invoice Date Description Amount
6335 12/17/2018 G33 and G34 Rent 01.01.19-01.31.19 $586.00
718542 12/21/2018 Open Accounts Payable BEAT THE LOCK PRODUCTIONS,
LLC
$480.00
Invoice Date Description Amount
BTLYAB11318 12/17/2018 Youth Activity Board Kick-Off Social - 1.13.18 $480.00
718543 12/21/2018 Open Accounts Payable BELLECCI & ASSOCIATES, INC.$147,719.00
Invoice Date Description Amount
18057-B 12/12/2018 Payment #3, SO #1 SCB Class IV Bike Lanes,
services July-Sept 18
$39,863.00
18084-B 10/15/2018 Pmt #4, SO #2 Bike Blvd Services from Aug-Sept 2018 $37,336.00
18084-C 10/15/2018 Pmt #3, SO #2 Bike Blvd services Sept 26-Oct 15,
2018
$37,846.00
18057-C 12/12/2018 Pmt #3, SO # 1 SCB Class IV Bike Lanes, Sept 11-Oct
10, 2018
$16,759.00
18139-B 12/07/2018 Haul Road (Linda Vista) Trail, Services 10.16.18 to
11.28.18
$15,915.00
718544 12/21/2018 Open Accounts Payable BOBCAT OF FREMONT $8,841.80
Invoice Date Description Amount
1153005 11/29/2018 Hydraulic Generator $8,841.80
718545 12/21/2018 Open Accounts Payable BOETHING TREELAND FARMS INC $2,190.84
Invoice Date Description Amount
SI-1180094 12/07/2018 Trees&Row: Plants for Medians $1,165.43
SI-1180095 12/07/2018 Trees&ROW: Street Trees $970.36
SI-1180101 12/07/2018 Trees&ROW: Plants for Medians $55.05
Wednesday, January 02, 2019Pages: 2 of 24user: Zeng Wang
Payment Register
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From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
63
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718546 12/21/2018 Open Accounts Payable BRAD ALEXANDER $55.00
Invoice Date Description Amount
BradA120418 12/04/2018 Cell Phone Reimbursement;11.05.18-12.04.18 $55.00
718547 12/21/2018 Open Accounts Payable CALIF ASSOC OF CODE
ENFORCEMENT
$190.00
Invoice Date Description Amount
300008792 11/09/2018 membership renewal $95.00
300008661 11/09/2018 membership renewal $95.00
718548 12/21/2018 Open Accounts Payable CHAO YONG CHEN $520.00
Invoice Date Description Amount
CC.3F 12/18/2018 3rd fall payment $520.00
718549 12/21/2018 Open Accounts Payable CINTAS CORPORATION $419.86
Invoice Date Description Amount
630576924 12/18/2018 Uniforms/Safety Apparel $419.86
718550 12/21/2018 Open Accounts Payable COMCAST $805.62
Invoice Date Description Amount
3310-120718 12/07/2018 8155400650183310 12-12-18 - 1-11-19 $805.62
718551 12/21/2018 Open Accounts Payable COMCAST $118.43
Invoice Date Description Amount
6411-120318 12/03/2018 8155100050376411 12/06/18 -01/05/19 $118.43
718552 12/21/2018 Open Accounts Payable CONTRACT SWEEPING SERVICES
INC
$16,140.32
Invoice Date Description Amount
180001306 12/15/2018 Street Sweeping service for December 2018 $12,091.34
180001336 12/15/2018 Street sweeping on Foothill December 2018 $4,048.98
718553 12/21/2018 Open Accounts Payable COTTON SHIRES & ASSO INC $3,221.78
Invoice Date Description Amount
113553 11/19/2018 geo services 190 Stauffer Ln $1,843.85
83099 08/29/2018 geo services 11845 Upland Wy $1,377.93
718554 12/21/2018 Open Accounts Payable CSG CONSULTANTS INC $12,274.51
Invoice Date Description Amount
B181293 12/04/2018 Building Plan Review Services 11/1 - 11/30 $12,274.51
718555 12/21/2018 Open Accounts Payable CSI SOFTWARE INC $1,240.47
Invoice Date Description Amount
39841 12/01/2018 Spectrum December 2018 $1,240.47
718556 12/21/2018 Open Accounts Payable CUSD $2,644.36
Invoice Date Description Amount
AT19-00022 12/03/2018 De Vargas School busing for creek education $222.26
AT19-00016 12/03/2018 Eaton, Muir, De Vargas, Eisenhower buses to creek
education
$823.47
AT19-00014 12/03/2018 Eaton, Collins busing to creek education $388.07
AT19-00017 12/03/2018 Stocklmeir busing to creek education - 4 days $839.78
AT19-00006 11/28/2018 Nimitz busing to creek education $370.78
718557 12/21/2018 Open Accounts Payable DAILY JOURNAL CORPORATION $250.00
Invoice Date Description Amount
A3195288 11/30/2018 Grant RFQ $250.00
Wednesday, January 02, 2019Pages: 3 of 24user: Zeng Wang
Payment Register
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From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
64
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718558 12/21/2018 Open Accounts Payable DANCE FORCE LLC $984.10
Invoice Date Description Amount
DF.3F 12/18/2018 3rd fall payment $984.10
718559 12/21/2018 Open Accounts Payable DAVID J POWERS & ASSOCIATES $3,746.56
Invoice Date Description Amount
23132 12/12/2018 Vallco #805 EIR 2018/11 $3,746.56
718560 12/21/2018 Open Accounts Payable DEEP CLIFF ASSOCIATES L P $439.92
Invoice Date Description Amount
121418 12/14/2018 Fall Payment 2 $439.92
718561 12/21/2018 Open Accounts Payable DEPT OF INDUSTRIAL RELATIONS $757.05
Invoice Date Description Amount
OSIP 65861 12/03/2018 WORKERS COMP. (WCARF) SELF- INSURANCE $757.05
718562 12/21/2018 Open Accounts Payable DEX SYSTEMS ENGINEERING $280.00
Invoice Date Description Amount
1275 12/17/2018 Repair Cabling in Senior Center (Fountain Rom Audio
Closet)
$280.00
718563 12/21/2018 Open Accounts Payable DIGITAL PRINT $992.84
Invoice Date Description Amount
19857 11/29/2018 business cards $321.74
19852 11/07/2018 emergency building inpsection cards $671.10
718564 12/21/2018 Open Accounts Payable DOLPHIN DESIGN INC $2,160.00
Invoice Date Description Amount
30620 12/01/2018 Aquarium service for December 2018 $2,160.00
718565 12/21/2018 Open Accounts Payable ECOLOGICAL CONCERNS INC $3,520.00
Invoice Date Description Amount
26419 08/01/2018 Progress Payment #46 $880.00
26591 10/01/2018 Progress Payment #47 $880.00
26650 11/01/2018 Progress Payment #48 $880.00
26711 11/29/2018 Progress Payment #49 $880.00
718566 12/21/2018 Open Accounts Payable ECS IMAGING INC $35,750.00
Invoice Date Description Amount
13676 12/13/2018 Laserfiche Rio, Fujitsu, Panasonic 12-9-18 - 12-8-19 $35,750.00
718567 12/21/2018 Open Accounts Payable EPC IT SOLUTIONS $25,708.25
Invoice Date Description Amount
45158 12/06/2018 HPE Nimble Renewal 12/1/18 - 11/30/19 $25,708.25
718568 12/21/2018 Open Accounts Payable EUPHRAT MUSEUM OF ART $7,508.80
Invoice Date Description Amount
EuphratF2018 12/19/2018 Euphrate - Fall 2018 Classes $7,508.80
718569 12/21/2018 Open Accounts Payable FOSTER BROS SECURITY
SYSTEMS INC
$749.88
Invoice Date Description Amount
305507 12/05/2018 Facilities: Adjust Panic Bar on Library Exit Door $715.00
305624 12/07/2018 Cut Key In Shop $34.88
Wednesday, January 02, 2019Pages: 4 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
65
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718570 12/21/2018 Open Accounts Payable GARDENLAND $71.94
Invoice Date Description Amount
632717 12/14/2018 Misc Equipment Supplies $71.94
718571 12/21/2018 Open Accounts Payable GENE CHOY $111.50
Invoice Date Description Amount
GC.F 12/18/2018 1st Fall Payment $111.50
718572 12/21/2018 Open Accounts Payable Global Knowledge Training LLC $5,261.50
Invoice Date Description Amount
22011390 12/05/2018 Windows Class Toan Quach $2,630.75
22011396 12/05/2018 Windows Class Iqraam Nabi $2,630.75
718573 12/21/2018 Open Accounts Payable GLORIA LEE $439.40
Invoice Date Description Amount
GLeeF18-2 12/19/2018 Gloria Yee - Fall 2018 Payment 2 $439.40
718574 12/21/2018 Open Accounts Payable Golden Gate Group Tickets $2,133.50
Invoice Date Description Amount
1072 6580 12/18/2018 Volta Trip 1/27/2019 Group Tickets $2,133.50
718575 12/21/2018 Open Accounts Payable GOVERNMENT FINANCE
OFFICERS ASSOC.
$150.00
Invoice Date Description Amount
0121784-2018 12/04/2018 GFOA Renewal 2/01-1/31/2020- Beth V.$150.00
718576 12/21/2018 Open Accounts Payable GRAHAM CONTRACTORS INC $79,242.17
Invoice Date Description Amount
028453 12/12/2018 2018 Pavement Maintenance Ph 2 $79,242.17
718577 12/21/2018 Open Accounts Payable GWLAND ASSOCIATES $5,030.00
Invoice Date Description Amount
ROW122018 12/20/2018 ROW Acquisition for 21970 & 21972 McClellan Rd $5,030.00
718578 12/21/2018 Open Accounts Payable GYM PRECISION INC $287.93
Invoice Date Description Amount
9023 09/24/2018 repairs $287.93
718579 12/21/2018 Open Accounts Payable HEXAGON TRANSPORTATION
CONSULTANTS
$4,676.00
Invoice Date Description Amount
12268 11/02/2018 traffic study De Anza Hotel project $2,675.00
12278 11/09/2018 traffic study - Cupertino Village Hotel $2,001.00
718580 12/21/2018 Open Accounts Payable HILTI $638.47
Invoice Date Description Amount
4612736365 11/29/2018 Trees&Row: Impact Driver, Ham. Driver, Charger,
Battery Pack,etc
$638.47
718581 12/21/2018 Open Accounts Payable HINDERLITER, DE LLAMAS &
ASSOCIATES
$2,738.44
Invoice Date Description Amount
0030438-IN 12/10/2018 Contract Services- Sales Tax 4th Quarter $2,738.44
718582 12/21/2018 Open Accounts Payable HMH ENGINEERS INC $32,332.46
Invoice Date Description Amount
35193 12/05/2018 Randy Lane, SO #7services through 12/1/18 $8,250.00
35192 12/05/2018 Pmt #6, Bridge Maintenance services through 12/1/18 $10,896.30
Wednesday, January 02, 2019Pages: 5 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
66
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
35191 12/05/2018 Pmt #42, SO #1 McClellan Rd SW-Ph 2, $5,186.16
35194 12/05/2018 SO #5 McClellan Rd Separated Bikeway Pothole $8,000.00
718583 12/21/2018 Open Accounts Payable HOME DEPOT CREDIT SERVICES $1,137.05
Invoice Date Description Amount
4380050 10/31/2018 CLIFF MABUTAS $77.05
1390100 11/03/2018 PAUL SAPUDAR $26.19
8010060 11/06/2018 CLIFF MABUTAS $42.49
8321412 11/06/2018 BRIDGE BILL $65.27
7022471 11/07/2018 CLIFF MABUTAS $27.72
7022546 11/07/2018 BRIDGE BILL $25.67
7390174 11/07/2018 CLIFF MABUTAS $146.33
5380070 11/09/2018 ABRAHAM CARIAGA $56.71
1030804 11/13/2018 JOHN STIEHR $50.92
23252 11/14/2018 ARNST PETER $47.80
390279 11/14/2018 ALVAREZ RICARDO $156.06
5031306 11/19/2018 FRANK VILLA $43.63
8024673 11/26/2018 CLIFF MABUTAS $34.96
8323744 11/26/2018 BRIDGE BILL $47.04
7024851 11/27/2018 CLIFF MABUTAS $68.62
7024854 11/27/2018 ALVAREZ RICARDO $220.59
718584 12/21/2018 Open Accounts Payable HU, POLLY $3,534.25
Invoice Date Description Amount
121718 12/17/2018 Zumba, Yoga, Chair X Instruction ( 11.5-12.20)
15,10,33 students
$1,959.25
PH.3F 12/18/2018 3rd fall payment $1,029.00
121918 12/19/2018 December payment $546.00
718585 12/21/2018 Open Accounts Payable IMPEC GROUP (CLEAN
INNOVATION)
$2,809.40
Invoice Date Description Amount
1811130 11/01/2018 November 2018 Janitorial Svcs Library Bldg Weekend
Day Porter
$2,809.40
718586 12/21/2018 Open Accounts Payable INSERV COMPANY $722.67
Invoice Date Description Amount
60427 12/03/2018 Facilities: Water Treatment for December 2018 $722.67
718587 12/21/2018 Open Accounts Payable INTERNATIONAL DISPOSAL CORP $60,167.87
Invoice Date Description Amount
M181000 11/30/2018 Landfill fees for October 2018 $60,167.87
718588 12/21/2018 Open Accounts Payable IRON MOUNTAIN RECORDS
MGMNT
$1,427.68
Invoice Date Description Amount
AJFY981 11/30/2018 City of Cupertino Storage 12/1-12/31 $1,427.68
718589 12/21/2018 Open Accounts Payable J.J.R. CONSTRUCTION INC $14,190.30
Invoice Date Description Amount
17-237 11/26/2018 2017-18 Reconstruction Curb Gutter Sidewalk $14,190.30
718590 12/21/2018 Open Accounts Payable JAIN, ARCHANA $111.00
Invoice Date Description Amount
121918 12/19/2018 December payment $111.00
Wednesday, January 02, 2019Pages: 6 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
67
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718591 12/21/2018 Open Accounts Payable JAM SERVICES INC $1,784.88
Invoice Date Description Amount
113431 11/29/2018 Streets: HEB-AB Single Fuse Holders, Duct Seal $1,784.88
718592 12/21/2018 Open Accounts Payable JANICE WRIGHT $492.00
Invoice Date Description Amount
JW.3F 12/18/2018 3rd fall payment $492.00
718593 12/21/2018 Open Accounts Payable Jarvis, Fay, Doporto & Gibson, LLP $436.00
Invoice Date Description Amount
12593 11/30/2018 Legal Services $436.00
718594 12/21/2018 Open Accounts Payable JIA THOMPSON $1,491.10
Invoice Date Description Amount
JTH.3F 12/18/2018 3rd fall payment $1,491.10
718595 12/21/2018 Open Accounts Payable JILL HAFF $874.50
Invoice Date Description Amount
JH.3F 12/18/2018 3rd fall payment $874.50
718596 12/21/2018 Open Accounts Payable JOE'S TRACTOR SERVICE $4,000.00
Invoice Date Description Amount
1046 10/22/2018 Grounds: Mowing at McClellen Ranch Preserve $4,000.00
718597 12/21/2018 Open Accounts Payable KAISER FOUNDATION HEALTH
PLAN
$260.00
Invoice Date Description Amount
8567-120918 12/09/2018 Occ Health and Safety Serv Due 1/08/2019 $260.00
718598 12/21/2018 Open Accounts Payable KAYUGA SOLUTIONS $135,593.50
Invoice Date Description Amount
INV-WSAP&V-005 12/12/2018 Water System Assessment, Services for Oct/Nov 2018 $135,593.50
718599 12/21/2018 Open Accounts Payable KMVT COMMUNITY TELEVISION $5,277.53
Invoice Date Description Amount
7327 11/30/2018 Community Access TV November 2018 $5,277.53
718600 12/21/2018 Open Accounts Payable KPA GROUP $58,821.00
Invoice Date Description Amount
000006 12/12/2018 Facilities: Assessment; services from 8.1.18-12.12.18 $58,821.00
718601 12/21/2018 Open Accounts Payable LOU THURMAN $106.60
Invoice Date Description Amount
LT.3F 12/18/2018 3rd fall payment $106.60
718602 12/21/2018 Open Accounts Payable Maletis-Massey, Lisa $28.58
Invoice Date Description Amount
Lisamm112418 11/24/2018 Lisamm112418 Phone Reimbursement 10-25-18 - 11-
24-18
$28.58
718603 12/21/2018 Open Accounts Payable MALLIKA M THOPPAY $160.00
Invoice Date Description Amount
MT.3F 12/18/2018 3rd fall payment $160.00
718604 12/21/2018 Open Accounts Payable MAMI WEBER $2,566.20
Invoice Date Description Amount
WeberF2018 12/19/2018 Mami Weber - Fall 2018 Classes Payment $2,566.20
Wednesday, January 02, 2019Pages: 7 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
68
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718605 12/21/2018 Open Accounts Payable MARIELA RODRIGUEZ $197.42
Invoice Date Description Amount
121718 12/17/2018 Snacks: Training, Budget, Wellness, Holiday Party $197.42
718606 12/21/2018 Open Accounts Payable MAU TRUONG $356.20
Invoice Date Description Amount
MTR.3F 12/18/2018 3rd fall payment $356.20
718607 12/21/2018 Open Accounts Payable MAY SHEI $276.00
Invoice Date Description Amount
121718 12/17/2018 Brush Painting Instruction ( 11.1-12.13) 6 students $276.00
718608 12/21/2018 Open Accounts Payable MIG INC $11,959.50
Invoice Date Description Amount
0056119 11/27/2018 Parks MP CEQA - Progress Payment #1 10.01.18-
10.31.18
$650.00
0056240 12/03/2018 Payment #18, Services from Oct 1 to Oct 31, 2018 for
Parks MP
$6,942.00
0055815 10/31/2018 Payment #17, Services from Sep 1 to Sep 30, 2018 for
Parks MP
$4,367.50
718609 12/21/2018 Open Accounts Payable MIKE HAFNER $119.14
Invoice Date Description Amount
351308 12/12/2018 Cupertino Teen Center - Pinball Repair 12.12.18 $119.14
718610 12/21/2018 Open Accounts Payable Milkes, Jeff $75.00
Invoice Date Description Amount
JeffM121818 12/18/2018 Reimbursement for MetroPCS Phone Services 10/01-
12/31/18
$75.00
718611 12/21/2018 Open Accounts Payable MOLARO, LISA $6,132.00
Invoice Date Description Amount
MolaroF2018 12/19/2018 Molaro - Fall 2018 Payment 2 $6,132.00
718612 12/21/2018 Open Accounts Payable MONTGOMERY, KAE $252.00
Invoice Date Description Amount
121918 12/19/2018 December payment $252.00
718613 12/21/2018 Open Accounts Payable MOUNTAIN VIEW GARDEN
CENTER
$1,003.62
Invoice Date Description Amount
97041 11/28/2018 Grounds: Red Pro Chip for Quinlan $255.88
97257 12/14/2018 Streets: #2 Sand $747.74
718614 12/21/2018 Open Accounts Payable NEWMAN TRAFFIC SIGNS $2,413.12
Invoice Date Description Amount
TRFINV008200 12/10/2018 Streets: Blanks, Punches for Signs and Markings $2,413.12
718615 12/21/2018 Open Accounts Payable NORTH AMERICAN YOUTH
ACTIVITIES LLC
$3,600.20
Invoice Date Description Amount
121418 12/14/2018 Fall Payment 2 $3,600.20
718616 12/21/2018 Open Accounts Payable NOSSAMAN, LLP $3,360.00
Invoice Date Description Amount
489914 12/11/2018 Legal Services $3,360.00
Wednesday, January 02, 2019Pages: 8 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
69
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718617 12/21/2018 Open Accounts Payable O'REILLY AUTO PARTS $117.74
Invoice Date Description Amount
2591-373094 12/11/2018 BrakeClean (#46580)$35.19
2591-373668 12/14/2018 Vent Clips $19.60
2591-372969 12/10/2018 Air Filter $62.95
718618 12/21/2018 Open Accounts Payable OFFICE DEPOT $630.03
Invoice Date Description Amount
232132976001 11/15/2018 office suplies $52.92
230015325001 11/12/2018 office supplies $25.05
232872076001 11/16/2018 Notebooks for staff $35.29
234483791001 11/30/2018 Service Center: Credit Returned Hot Cups ($89.87)
238936927001 11/29/2018 wireless keyboard for JindyG $30.07
238937704001 11/28/2018 wireless mouse for JindyG $113.79
239107169001 11/29/2018 advil for PW Dept $17.27
242039713001 12/05/2018 Building Office Supplies 2018-12 $60.56
237793435001 11/27/2018 yellow paper for class/event fliers $17.63
242929121001 12/07/2018 Office Supplies $44.55
242930639001 12/06/2018 Office Supplies $49.14
246022358001 12/11/2018 Avery 5160 address lables for newsletter $73.38
246022696001 12/12/2018 purell hand sanitizer for the front desk/office $83.33
242436212001 12/05/2018 Office Supplies- Desk Pad $5.88
242356078001 12/05/2018 Office Supplies $12.74
239991482001 11/30/2018 Office Supplies $7.07
239991631001 12/03/2018 Office Supplies $68.01
239992225001 12/03/2018 Kitchen Supplies $12.33
241986628001 12/04/2018 Office Supplies $10.89
718619 12/21/2018 Open Accounts Payable ONE WORKPLACE L. FERRARI $14,388.50
Invoice Date Description Amount
802046 11/30/2018 Tables in Conf Room A & C $14,388.50
718620 12/21/2018 Open Accounts Payable PAUL DAVIS $88.00
Invoice Date Description Amount
121718 12/17/2018 Bridge Instruction (12.1-12.15) 5 Students $88.00
718621 12/21/2018 Open Accounts Payable PAUL SAPUDAR $155.00
Invoice Date Description Amount
PaulS100918 10/09/2018 Reimbursement:Cal-NVSection AWWA Cross-
Connection Ctrl Spec Cert
$155.00
718622 12/21/2018 Open Accounts Payable PAVEMENT ENGINEERING INC $5,231.25
Invoice Date Description Amount
1811-059 12/05/2018 Construction Mgmt & Asphalt Testing 11/1-11/3018 $5,231.25
718623 12/21/2018 Open Accounts Payable PG&E $38,076.38
Invoice Date Description Amount
Import - 56749 12/01/2018 116367001 -E27H4 Wolfe and Rte 280 NB Loc A $46.56
Import - 56750 12/01/2018 116367013 -1486 S Stelling Rd, Irrigation Control $9.53
Import - 56751 12/01/2018 116367025 -De Anza and Lazaneo, Traffic Signal $60.37
Import - 56752 12/01/2018 116367026 -Behind 10343 N Wolfe, Fountain Pump
Pub Works
$43.60
Import - 56753 12/01/2018 116367035 -De Anza Blvd and Mariani, Traffic
Signal/Safety Lts
$64.22
Wednesday, January 02, 2019Pages: 9 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
70
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 56754 12/01/2018 116367044 - 10555 Mary Ave NEM $34.87
Import - 56755 12/01/2018 116367045 -De Anza Blvd and Hwy 280 S/Ramp,
Traffic Signal
$61.68
Import - 56756 12/01/2018 116367050 -NW Corner Stevens Crk, Traffic Signals $64.81
Import - 56757 12/01/2018 116367055 -Saich Wy and Stevens Crk NE Corner,
Traffic Signal
$50.58
Import - 56758 12/01/2018 116367060 -E37R0 Stevens Creek and De Anza Blvd,
Traffic Signal
$78.53
Import - 56759 12/01/2018 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler
Control
$9.96
Import - 56760 12/01/2018 116367067 -Stonydale Dr and Varian Park, walkway
lighting and Ir
$85.72
Import - 56761 12/01/2018 116367070 -Stevens Creek and Blaney Ave., Traffic
Signal
$71.23
Import - 56762 12/01/2018 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $19.58
Import - 56763 12/01/2018 116367075 -Vallco Pkwy and Perimeter Rd., Traffic
Signals
$50.52
Import - 56764 12/01/2018 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $74.78
Import - 56765 12/01/2018 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic
Signal
$65.18
Import - 56766 12/01/2018 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $70.01
Import - 56767 12/01/2018 116367110 -SW Cor Stevens Crk and Portal, Traffic
Signal
$60.69
Import - 56768 12/01/2018 116367113 -Miller E/S 100N off Calle De Barcelona $62.83
Import - 56769 12/01/2018 116367115 -Stevens Crk and Perimeter Rd, Traffic
Control Signal
$60.49
Import - 56770 12/01/2018 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $72.82
Import - 56771 12/01/2018 116367125 -Stevens Crk and Tantau, Traffic Signals $76.14
Import - 56772 12/01/2018 116367130 -NW Corner Steven Crk and Torre, Traffic
Signal
$61.38
Import - 56773 12/01/2018 116367145 -10300 Torre Ave, City Hall $7,363.53
Import - 56774 12/01/2018 116367150 -Homestead and Wolfe Road, Sunnyvale $73.26
Import - 56775 12/01/2018 116367154 -22601 Voss Ave $981.17
Import - 56776 12/01/2018 116367155 -Homestead and Blaney, Cupertino Traffic
Signal, Sunny
$48.98
Import - 56777 12/01/2018 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control
and Traffic S
$72.67
Import - 56778 12/01/2018 116367170 -Tantau Ave and Tandem D/W, Traffic
Signal
$68.44
Import - 56779 12/01/2018 116367171 -10155 Barbara Ln, Irrigation and
Scoreboard
$63.78
Import - 56780 12/01/2018 116367175 -S/E Corner Pruneridge and Tantau,
Traffic Controller
$57.58
Import - 56781 12/01/2018 116367180 -Finch and Stevens Creek, Traffic Signals $63.48
Import - 56782 12/01/2018 116367185 -Wolfe Rd 500 Ft S/O Homestead,
City/Sign Lighting
$25.35
Import - 56783 12/01/2018 116367195 -Corner Miller and Phil Ln, Traffic Signal $58.54
Import - 56784 12/01/2018 116367200 -Homestead and De Anza Blvd, Traffic
Signal/Dept Pub W
$70.57
Import - 56785 12/01/2018 116367205 -Homestead Rd and Franco Ct, Traffic
Signals
$47.98
Wednesday, January 02, 2019Pages: 10 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
71
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 56786 12/01/2018 116367215 -N/Ramp De Anza Blvd, Traffic Signal $61.70
Import - 56787 12/01/2018 116367220 -Homestead Rd and Bluejay Rd, Traffic
Signals
$58.71
Import - 56788 12/01/2018 116367225 -WS Portal Btw Amhurst-Wheaton , Portal
Prk Ltg, Prk L
$125.08
Import - 56789 12/01/2018 116367236 -Stelling Rd Median 450' S/O Stevens Crk,
Landscape Ir
$10.74
Import - 56790 12/01/2018 116367245 -Stevens Creek Blvd and Janice Ave,
Sprinkler Control
$14.34
Import - 56791 12/01/2018 116367255 -Lucille and Villa De Anza, Sprinkler
Control
$216.03
Import - 56792 12/01/2018 116367269 -Cor/Lucille and Randy Ln, Sprinkler
System
$10.65
Import - 56793 12/01/2018 116367274 -1170 Yorkshire Dr.$9.60
Import - 56794 12/01/2018 116367275 -Homestead and Tantau, Cupertino Traffic
Signal, Sunny
$73.49
Import - 56795 12/01/2018 116367280 -Stevens Creek Blvd and Fwy 85 East
Ramp, Traffic Sign
$65.07
Import - 56796 12/01/2018 116367285 -21111 Stevens Creek Blvd, Sports Center $5,980.31
Import - 56797 12/01/2018 116367285 -21111 Stevens Creek Blvd, Teen Center $375.00
Import - 56798 12/01/2018 116367290 -Stevens Creek and Mary Ave, Traffic
Signals
$62.92
Import - 56799 12/01/2018 116367325 -21975 San Fernando Ave, Picnic Area $2,145.95
Import - 56800 12/01/2018 116367332 -821 Bubb Rd #B/Building Concession $96.98
Import - 56801 12/01/2018 116367343 -Foothill Blvd 150' N/O Alpine E/S,
Irrigation Control
$9.53
Import - 56802 12/01/2018 116367357 -N De Anza 188 FT N/Valley Green Dr,
Irrig Controller
$12.86
Import - 56803 12/01/2018 116367359 -Homestead and Heron, traffic control svc $56.99
Import - 56804 12/01/2018 116367360 -10300 Aninworth Dr, Ball Park Stevens
Creek SV
$9.86
Import - 56805 12/01/2018 116367370 -Stevens Creek Blvd and Fwy 85 West
Ramp, Traffic Sign
$10.18
Import - 56806 12/01/2018 116367375 -10710 Stokes Ave, Somerset Park $34.63
Import - 56807 12/01/2018 116367380 -NE Corner Peninsula and Stevens Creek,
Traffic Signal
$63.63
Import - 56808 12/01/2018 116367385 -End/Stokes W/Wilson Crt, Sprinkler
Control
$10.82
Import - 56809 12/01/2018 116367395 -N/E corner Foothill and Starling Dr, Traffic
Signals
$52.59
Import - 56810 12/01/2018 116367401 -Miller W/S N of Greenwood $14.15
Import - 56811 12/01/2018 116367408 -Stevens Creek Bl and Mary Avenue,
Memorial Park Pump
$49.86
Import - 56812 12/01/2018 116367437 -10455 Miller Ave, Creekside Park $410.28
Import - 56813 12/01/2018 116367447 -Stelling Rd Median 500' S/O Peppertree
Ln, Landscape
$11.05
Import - 56814 12/01/2018 116367449 -10350 Torre Ave, Community Hall $2,101.93
Import - 56815 12/01/2018 116367455 -E37R9 Rodriguez and De Anza Blvd,
Traffic Signal
$65.46
Import - 56816 12/01/2018 116367465 -De Anza Blvd and Scofield Dr, Sprinkler
Controller
$10.62
Import - 56817 12/01/2018 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $13.79
Wednesday, January 02, 2019Pages: 11 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
72
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 56818 12/01/2018 116367475 -Foothill and Stevens Creek, Traffic Signal $56.87
Import - 56819 12/01/2018 116367476 -Salem Ave and Foothill Blvd, Irrigation
Control
$9.53
Import - 56820 12/01/2018 116367477 -21121 Stevens Creek Blvd, Memorial Park $1,672.97
Import - 56821 12/01/2018 116367484 -20220 Suisun Dr, Parks and Rec Free
Standing Panel
$51.73
Import - 56822 12/01/2018 116367493 -Dumas Dr/Jollyman Park, Jollyman Park
Restroom
$304.63
Import - 56823 12/01/2018 116367505 -Stevens Crk and Stelling, Signal $38.88
Import - 56824 12/01/2018 116367510 -Bubb Rd and Results Wy, Traffic Signal $44.31
Import - 56825 12/01/2018 116367515 -Bubb Rd and McClellan Intersection,
Traffic Signal
$65.09
Import - 56826 12/01/2018 116367520 -Stelling Rd and Peppertree, Traffic Signal $48.52
Import - 56827 12/01/2018 116367525 -Stelling and McClellan, Signals $61.78
Import - 56828 12/01/2018 116367527 -Foothill Blvd 200' N/O Stevens Creek
W/S, Irrigation
$9.53
Import - 56829 12/01/2018 116367530 -Orange Ave and Stevens Creek N/E
corner, Traffic Cont
$41.19
Import - 56830 12/01/2018 116367536 -Senior Center $3,282.77
Import - 56831 12/01/2018 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $58.82
Import - 56832 12/01/2018 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85,
Traffic Signal
$50.97
Import - 56833 12/01/2018 116367559 -21011 Prospect Rd, Irrigation Control $9.61
Import - 56834 12/01/2018 116367560 -S/E corner De Anza and Pacifica, Traffic
Signal
$63.70
Import - 56835 12/01/2018 116367568 -CORP YARD NEM $19.51
Import - 56836 12/01/2018 116367570 -De Anza Blvd, Sprinkler Controller *$10.62
Import - 56837 12/01/2018 116367585 -Rainbow and Stelling, Traffic Signal $57.24
Import - 56838 12/01/2018 116367587 -10430 S De Anza Blvd, Holiday Lighting $9.53
Import - 56839 12/01/2018 116367590 -Saratoga Sunnyvale Rd and Hwy 85,
Traffic Signal
$114.40
Import - 56840 12/01/2018 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic
Signal
$59.33
Import - 56841 12/01/2018 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic
Signal
$61.28
Import - 56842 12/01/2018 116367620 -S De Anza Blvd and Sharon Dr , Irrigation
Controller
$14.80
Import - 56843 12/01/2018 116367625 -Stevens Creek Blvd Orange S/W Cor,
Irrigation Control
$9.53
Import - 56844 12/01/2018 116367628 -N/W corner Alpine Dr and Foothill Blvd,
Irrigation Co
$9.53
Import - 56845 12/01/2018 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $207.28
Import - 56846 12/01/2018 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation
Control
$128.14
Import - 56847 12/01/2018 116367656 -Scofield and De Anza, 100HP $10.84
Import - 56848 12/01/2018 116367677 -De Anza and Lazaneo, Sprinkler System $9.67
Import - 56849 12/01/2018 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler
Control
$75.32
Import - 56850 12/01/2018 116367740 -Carmen Rd and Stevens Creek S/E
corner, Irrigation Co
$9.53
Import - 56851 12/01/2018 116367763 -10630 S De Anza Blvd, Holiday Lighting $9.53
Wednesday, January 02, 2019Pages: 12 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
73
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 56852 12/01/2018 116367782 -N/S Stevens Creek Blvd in front of 20301,
Irrigation
$9.53
Import - 56853 12/01/2018 116367793 -101 Skyport Dr, DG A, San Jose,
PGandE-Owned St/Highw
$831.99
Import - 56854 12/01/2018 116367815 -19784 Wintergreen Dr $348.93
Import - 56855 12/01/2018 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler
Control
$9.61
Import - 56856 12/01/2018 116367840 -community ctr -NEW $6,196.28
Import - 56857 12/01/2018 116367902 -10246 Parkside Ln, Wilson Pk
Sprinklers,Snack Shack,I
$232.45
Import - 56858 12/01/2018 116367907 -S/W Corner Stelling and Green leaf,
Traffic Signal
$59.18
Import - 56859 12/01/2018 116367910 -Foothill Blvd 100' N/O Starling E/S,
Irrigation Contr
$9.53
Import - 56860 12/01/2018 116367925 -22601 Voss Ave, Outdoor Lighting-MV
Park
$16.89
Import - 56861 12/01/2018 116367941 -7548 Donegal Dr, Irrigation Control
/Hoover Park
$9.73
Import - 56862 12/01/2018 116367988 -21710 McClellan Rd, Playground
Reception Area
$9.53
4212-112918 11/29/2018 3535370421-2 10/23-11/20/18 $61.24
6480-120318 12/03/2018 5587684648-0 10/25 - 11/26/18 $904.55
7100-121418 12/14/2018 7166121710-0 11/0718-12/06/18 $93.75
718624 12/21/2018 Open Accounts Payable PLACEWORKS, INC $9,494.93
Invoice Date Description Amount
66910 10/31/2018 enviro study De Anza Hotel project $969.00
66966 10/31/2018 enviro study Cupertino Village Hotel $8,525.93
718625 12/21/2018 Open Accounts Payable Quench USA, Inc $233.49
Invoice Date Description Amount
INV01534767 12/01/2018 Facilities: Equipment Rental - Franco Ct.$78.59
INV01535555 12/01/2018 Facilities: Water dispenser rental-City Hall $154.90
718626 12/21/2018 Open Accounts Payable RANES-GOLDBERG, MONICA $560.00
Invoice Date Description Amount
121918 12/19/2018 December payment $560.00
718627 12/21/2018 Open Accounts Payable RAO, GEETHA $420.00
Invoice Date Description Amount
121918 12/19/2018 December payment $420.00
718628 12/21/2018 Open Accounts Payable ReadyRefresh by Nestle $752.42
Invoice Date Description Amount
18L0027344597 12/08/2018 Service Center: Employee Water; 11.07.18-12.06.18 $364.02
18L0027344639 12/08/2018 City Hall: Employee Drinking Water; 11.07.18-12.06.18 $388.40
718629 12/21/2018 Open Accounts Payable REBECCA MCCORMICK $452.80
Invoice Date Description Amount
RM.3F 12/18/2018 3rd fall payment $452.80
718630 12/21/2018 Open Accounts Payable ROD SINKS $652.91
Invoice Date Description Amount
December2018 11/14/2018 Phone Reimbursement $652.91
Wednesday, January 02, 2019Pages: 13 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
74
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718631 12/21/2018 Open Accounts Payable ROGER LEE $24.44
Invoice Date Description Amount
Roger12202018 12/20/2018 PWS Staff Appreciation Lunch Supplies $24.44
718632 12/21/2018 Open Accounts Payable RONALD D OLDS $518.00
Invoice Date Description Amount
5239 12/18/2018 Office AV Rack project; Camera 7 cable cover; DVD
troubleshoot
$518.00
718633 12/21/2018 Open Accounts Payable RPM EXTERMINATORS INC $1,050.00
Invoice Date Description Amount
0070991 11/28/2018 Facilities: Change Bait-McClellan, City Hall, Yard,
Quinlan
$1,050.00
718634 12/21/2018 Open Accounts Payable RUBY CHEN $422.00
Invoice Date Description Amount
RC.3F 12/18/2018 3rd fall payment $200.00
121918 12/19/2018 December payment $222.00
718635 12/21/2018 Open Accounts Payable SAN JOSE GENERATOR $262.20
Invoice Date Description Amount
2198 11/20/2018 City Hall: 28 Si FR $262.20
718636 12/21/2018 Open Accounts Payable SAN JOSE WATER COMPANY $5,041.26
Invoice Date Description Amount
Import - 56875 11/30/2018 0063820000-6 - Janice Av.LS $16.46
Import - 56879 11/30/2018 0251610000-1 - 19500 Calle De Barcelona $71.51
Import - 56890 11/30/2018 1649600000-7 - Barrington Bridge Lane $585.35
Import - 56902 11/30/2018 2628900000-7 - Farallone Dr.LS $3,695.31
Import - 56936 11/29/2018 5676310000-7 - Creekline Dr.$101.56
Import - 56966 11/30/2018 8148220000-3 - Sterling BL LS(Sterlinig BarnhartPk)$571.07
718637 12/21/2018 Open Accounts Payable SANTA CLARA CNTY
CLERK/RECORDER
$400.00
Invoice Date Description Amount
R-2018-10 12/11/2018 exempt filing $50.00
RM-2018-04 12/11/2018 exempt filing $50.00
RM-2018-29 12/11/2018 exempt filing $50.00
RM-2018-27 12/11/2018 exempt filing $50.00
TR-2018-41 12/11/2018 exempt filing $50.00
DIR-2018-19 12/11/2018 exempt filing $50.00
R-2018-23 12/11/2018 exempt filing $50.00
EXC-2018-04 12/11/2018 exempt filing $50.00
718638 12/21/2018 Open Accounts Payable SELBY MIRILAVASSANI $10.00
Invoice Date Description Amount
SelbyM12192018 12/19/2018 SCC Filing Fees for Development Easements $10.00
718639 12/21/2018 Open Accounts Payable SKYHAWKS SPORTS ACADEMY $102.85
Invoice Date Description Amount
121418 12/14/2018 Fall Payment 2 $102.85
Wednesday, January 02, 2019Pages: 14 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
75
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718640 12/21/2018 Open Accounts Payable SMITH'S FAMILY OF COMPANIES,
INC
$710.00
Invoice Date Description Amount
50980 12/15/2018 Grounds: Garden Gate School - Monthly Burrowing
Pest Control
$150.00
50986 12/15/2018 Grounds: Hoover Park- Monthly Burrowing Pest
Control
$200.00
50993 12/15/2018 Grounds: 3 Oaks Park- Monthly Burrowing Pest
Control
$185.00
50996 12/15/2018 Grounds: Linda Vista Park- Monthly Burrowing Pest
Control
$175.00
718641 12/21/2018 Open Accounts Payable SoftwareONE Inc.$203.68
Invoice Date Description Amount
US-PSI-738137 01/05/2018 Office 365 $203.68
718642 12/21/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $53.04
Invoice Date Description Amount
3397299622 11/27/2018 Kitchen Supplies - Sugar $32.43
3397452629 11/29/2018 Kitchen Supplies - Coffemate Creamer $20.61
718643 12/21/2018 Open Accounts Payable STARBIRD CONSULTING LLC $11,192.35
Invoice Date Description Amount
0025 12/14/2018 Regnart Road Env Consulting, billing through 11/30/18 $7,046.97
0024 12/14/2018 Env Consulting for MRW Parking Lot, Billing through
11/30/18
$4,145.38
718644 12/21/2018 Open Accounts Payable Strategic Economics Inc $7,145.00
Invoice Date Description Amount
1816.04 10/31/2018 Economic Feasibility Study Oct 2018 $7,145.00
718645 12/21/2018 Open Accounts Payable STUDIOS ARCHITECTURE $200.00
Invoice Date Description Amount
0112368 11/21/2018 design services 10425 S De Anza Blvd $200.00
718646 12/21/2018 Open Accounts Payable SUE AND KATHY LINE DANCE $1,060.80
Invoice Date Description Amount
121718 12/17/2018 Beg/Int Line Dance (10.30-12.8) 26 Students $1,060.80
718647 12/21/2018 Open Accounts Payable SUPPLYWORKS $962.42
Invoice Date Description Amount
466246519 11/27/2018 Facilities: Janitorial Supplies $934.30
466667409 11/28/2018 Facilities: Hook Designer Large $28.12
718648 12/21/2018 Open Accounts Payable SUZANNE MARIE BESLER $79.63
Invoice Date Description Amount
SB.3F 12/18/2018 3rd fall payment $79.63
718649 12/21/2018 Open Accounts Payable SWRCB FEES $550.00
Invoice Date Description Amount
WD-0143509 11/27/2018 NPDES under Order 2014-0194-DWQ Drinking Water
System Discharges
$550.00
718650 12/21/2018 Open Accounts Payable SYSCO FOOD SERVICES OF SF $869.37
Invoice Date Description Amount
250581249 12/06/2018 Coffee supplies for Senior Center $869.37
Wednesday, January 02, 2019Pages: 15 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
76
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718651 12/21/2018 Open Accounts Payable TARGET SPECIALTY PRODUCTS $611.80
Invoice Date Description Amount
PI0904615 12/06/2018 Grounds: Civic Center - Gallery 75DF MCP $611.80
718652 12/21/2018 Open Accounts Payable TELFER PAVEMENT
TECHNOLOGIES, LLC.
$24,316.04
Invoice Date Description Amount
1703022.Ret 12/17/2018 2017 Pave Maint Project Ph 2, Retention, Dec 1-30,
2017
$24,316.04
718653 12/21/2018 Open Accounts Payable THOMSON REUTERS - WEST $919.77
Invoice Date Description Amount
839347469 12/01/2018 Subscription 110118-113018 $919.77
718654 12/21/2018 Open Accounts Payable TOWN OF LOS GATOS $2,423.55
Invoice Date Description Amount
6100000011 11/13/2018 Storm Drain Maintenance Equipment Sharing 9.25.18-
10.15.18
$2,423.55
718655 12/21/2018 Open Accounts Payable TSAI , JENNY $160.00
Invoice Date Description Amount
JT.3F 12/18/2018 3rd fall payment $160.00
718656 12/21/2018 Open Accounts Payable TYLER TECHNOLOGIES $7,741.47
Invoice Date Description Amount
045-244813 11/27/2018 Tyler Additional Training $3,523.83
045-245512 11/30/2018 Tyler Additional Training Services $4,217.64
718657 12/21/2018 Open Accounts Payable U S HEALTHWORKS MEDICAL
GROUP PC
$130.00
Invoice Date Description Amount
3440921-CA 12/04/2018 PE-DOT- WILLIAMS $130.00
718658 12/21/2018 Open Accounts Payable VALLEY OIL COMPANY $495.00
Invoice Date Description Amount
940844 12/17/2018 Diesel Tank Fuel Test at City Hall $495.00
718659 12/21/2018 Open Accounts Payable VAN METER WILLIAMS POLLACK
LLP
$3,925.00
Invoice Date Description Amount
1816-201810 10/31/2018 design services DeAnza Hotel $3,925.00
718660 12/21/2018 Open Accounts Payable VERN WASKOM COMPANY $331.22
Invoice Date Description Amount
36129 11/30/2018 Golf Grips for Resale/Repair $331.22
718661 12/21/2018 Open Accounts Payable VICTOR ESPINOZA $60.00
Invoice Date Description Amount
VictorE100218 10/02/2018 Reimbursement:Qualified Applicator Cert #143796
Dept of Pest Reg
$60.00
718662 12/21/2018 Open Accounts Payable Vintage Contractors, Inc $18,199.71
Invoice Date Description Amount
6470 12/14/2018 Sport Center LED Message Sign Application No 2
through 12.31.18
$18,199.71
Wednesday, January 02, 2019Pages: 16 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
77
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718663 12/21/2018 Open Accounts Payable WENDEL ROSEN BLACK & DEAN
LLP
$9,775.00
Invoice Date Description Amount
2000174373 10/31/2018 legal services Vallco SB35 project $9,775.00
718664 12/21/2018 Open Accounts Payable WESCO RECEIVABLES CORP $304.22
Invoice Date Description Amount
258960 12/04/2018 Traffic signal supplies, Packing Slip #23910304 $71.13
258968 12/04/2018 Traffic signal supplies, Packing Slip #23910302 $233.09
718665 12/21/2018 Open Accounts Payable WEST-LITE SUPPLY CO INC $6,245.21
Invoice Date Description Amount
8369DH 11/21/2018 Facilities: Verbatim.70196-02 P56-W40-C30-B25 $6,088.25
73595H 11/28/2018 Facilities:Major.FB031835-S-02 Syl.FB031/835 $156.96
718666 12/21/2018 Open Accounts Payable WILEY PRICE & RADULOVICH LLP $2,277.38
Invoice Date Description Amount
29226 11/30/2018 Professional Services November 2018 $76.50
29227 11/30/2018 Professional Services November 2018- Hom Matter $2,200.88
718667 12/21/2018 Open Accounts Payable WILLIAM RASSIEUR $400.00
Invoice Date Description Amount
WR.3F 12/18/2018 3rd fall payment $400.00
718668 12/21/2018 Open Accounts Payable YEE, ANITA $195.00
Invoice Date Description Amount
121819 12/19/2018 December payment $195.00
718669 12/21/2018 Open Accounts Payable Abhinav Agrawal $144.00
Invoice Date Description Amount
7794 12/12/2018 Abhinav Agrawal Inv#7794 Refund After Voiding 1st
Refund Check
$144.00
718670 12/21/2018 Open Accounts Payable Affordable Water Heaters & Plumbing
Inc.
$171.50
Invoice Date Description Amount
RefundB2018-1950 12/11/2018 Refund 28358 Constellation Rd B-2018-1950-Permit
Refund
$171.50
718671 12/21/2018 Open Accounts Payable Bay Area Tree Specialists $1,000.00
Invoice Date Description Amount
216956 12/20/2018 10181 Bubb Rd.-Encroach Bond-216956 $1,000.00
718672 12/21/2018 Open Accounts Payable Bianchi, Travis $2,000.00
Invoice Date Description Amount
211821 12/20/2018 Stelling Rd at De Anza College -Encroachment Bond-
211821
$2,000.00
718673 12/21/2018 Open Accounts Payable Bradfield, Reno $348.00
Invoice Date Description Amount
EXC-2017-04 12/03/2018 refund application fees not needed $348.00
718674 12/21/2018 Open Accounts Payable Brainchild Creative $2,000.00
Invoice Date Description Amount
204545 12/20/2018 19330 Stevens Creek Blvd-Encroach Bond-204545 $2,000.00
Wednesday, January 02, 2019Pages: 17 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
78
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718675 12/21/2018 Open Accounts Payable Brown, Jeanne $122.00
Invoice Date Description Amount
#5820 12/19/2018 Fort Mason Trip cancelled due to low enrollment - full
refund
$122.00
718676 12/21/2018 Open Accounts Payable Calvin Y Lee Inc $2,110.96
Invoice Date Description Amount
RefundB2018-0211 12/17/2018 Refund 1055 Miller Ave B-2018-0211 Permit Refund $2,110.96
718677 12/21/2018 Open Accounts Payable Chu, Stanley $923.00
Invoice Date Description Amount
TR-2018-48 12/11/2018 refund application fees not needed $923.00
718678 12/21/2018 Open Accounts Payable CSCI Construction $500.00
Invoice Date Description Amount
205300 12/20/2018 7910 October Way-Encroachment Bond-205300 $500.00
718679 12/21/2018 Open Accounts Payable Freeland, Uri $83,800.00
Invoice Date Description Amount
208065 12/07/2018 21731 Stevens Creek Blvd - 100% LM Bond - 208065 $83,800.00
718680 12/21/2018 Open Accounts Payable Jakhua , Ketevan $310.00
Invoice Date Description Amount
DIR-2018-19 11/26/2018 refund noticing fee not needed $310.00
718681 12/21/2018 Open Accounts Payable Jalili, Mohsen $2,619.00
Invoice Date Description Amount
R-2018-23 12/06/2018 refund application fees not needed $2,619.00
718682 12/21/2018 Open Accounts Payable Jensen Landscape Services $500.00
Invoice Date Description Amount
201454 12/20/2018 19890 Portal Plz-Encroach Deposit-201454 $500.00
718683 12/21/2018 Open Accounts Payable JEW, VICTORIA $26.00
Invoice Date Description Amount
1450108 12/12/2018 QCC RENTAL REFUND $26.00
718684 12/21/2018 Open Accounts Payable Kozina, Susan $122.00
Invoice Date Description Amount
#5820 12/19/2018 Fort Mason Trip canceled due to low enrollment - full
refund
$122.00
718685 12/21/2018 Open Accounts Payable Language Network, Inc. $170.00
Invoice Date Description Amount
Estimate 1858 11/30/2018 Chinese Translation Services $170.00
718686 12/21/2018 Open Accounts Payable LIndy Roofing Company Inc $405.37
Invoice Date Description Amount
RefundB2018-2053 12/17/2018 Refund 476 W. Taylor St. San Jose B-2018-2053
Permit Refund
$405.37
718687 12/21/2018 Open Accounts Payable LU, JING $30.00
Invoice Date Description Amount
1450172 12/12/2018 QCC RENTAL REFUND $30.00
718688 12/21/2018 Open Accounts Payable Martin, Sheila $3,000.00
Invoice Date Description Amount
213257 12/20/2018 10382 Orange Ave.-Encroachment Bond-213257 $3,000.00
Wednesday, January 02, 2019Pages: 18 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
79
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718689 12/21/2018 Open Accounts Payable Michael Piliavin $1,287.10
Invoice Date Description Amount
RefundB2018-2095 12/17/2018 Refund 171 N. Gardener St. Los Angeles B-2018-2095
Permit Refund
$1,287.10
718690 12/21/2018 Open Accounts Payable NORINS, NAN $300.00
Invoice Date Description Amount
1449694 12/05/2018 QCC RENTAL REFUND $300.00
718691 12/21/2018 Open Accounts Payable OPI Commercial Builders Inc $6,600.00
Invoice Date Description Amount
RefundB2018-1389 12/11/2018 Refund 1202 Lincoln Ave. Ste. 10 San Jose B-2018-
1389
$6,600.00
718692 12/21/2018 Open Accounts Payable Poveda, Erika $864.98
Invoice Date Description Amount
10// to 10/10 10/29/2018 APA conference, San Diego $864.98
718693 12/21/2018 Open Accounts Payable Reaves, David $122.00
Invoice Date Description Amount
#5820 12/19/2018 Fort Mason Trip canceled due to low enrollment - full
refund
$122.00
718694 12/21/2018 Open Accounts Payable Rudinskas, Joanne $122.00
Invoice Date Description Amount
#5820 12/19/2018 Fort Mason Trip canceled due to low enrollment - full
refund
$122.00
718695 12/21/2018 Open Accounts Payable Teamwrkx Construction Inc $5,000.00
Invoice Date Description Amount
RefundB2018-1275 12/11/2018 Refund 1855 Park Ave San Jose B-2018-1275-TCO
Bond Refund
$5,000.00
718696 12/21/2018 Open Accounts Payable TEC Solutions, Inc $466.20
Invoice Date Description Amount
7730 12/12/2018 TEC Solutions, Inc Inv#7730, 7740, 7743 Refund $466.20
718697 12/21/2018 Open Accounts Payable WU, CECILY $31.56
Invoice Date Description Amount
1450214 12/12/2018 QCC RENTAL REFUND $31.56
718698 12/21/2018 Open Accounts Payable Zamir, Itamar $2,000.00
Invoice Date Description Amount
204166 12/20/2018 22080 Wallace Dr.-Encroachment Bond-204166 $2,000.00
718699 12/21/2018 Open Accounts Payable AIS SPECIALTY PRODUCTS INC $407.73
Invoice Date Description Amount
PSI266467 12/11/2018 Streets: Dust Gobbler, Aqua Power Aerosol $407.73
718700 12/21/2018 Open Accounts Payable Umesh Kelkar $980.00
Invoice Date Description Amount
2019-00000344 08/09/2018 Refunding for Gymnastics Camp $980.00
Type Check Totals:175 Transactions $1,055,325.51
Wednesday, January 02, 2019Pages: 19 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
80
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
EFT
28186 12/20/2018 Open Accounts Payable P E R S $353,358.85
Invoice Date Description Amount
12072018 12/07/2018 Calpers PP 11/24/18-12/7/18 $353,358.85
28187 12/20/2018 Open Accounts Payable P E R S $0.93
Invoice Date Description Amount
12072018Corral 12/07/2018 CalPERS 9/15-9/28/1811/24-12/7/18 G Corral $0.93
28188 12/17/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $35,956.45
Invoice Date Description Amount
12072018 12/07/2018 CA - CA State Tax pp 11/24-12/07/18 $35,956.45
28189 12/17/2018 Open Accounts Payable IRS $117,343.39
Invoice Date Description Amount
12072018 12/07/2018 FED - Federal Tax pp 11/24-12/07/18 $117,343.39
28191 12/21/2018 Open Accounts Payable ARCHANA PANDA $175.00
Invoice Date Description Amount
175 12/19/2018 December payment $175.00
28192 12/21/2018 Open Accounts Payable BRIAN GATHERS $55.00
Invoice Date Description Amount
BrianG120418 12/04/2018 Cell Phone Svc Reimbursement; 11.05.18-12.04.18 $55.00
28193 12/21/2018 Open Accounts Payable CHU, JENNIFER $30.00
Invoice Date Description Amount
JennC121318 12/13/2018 VTA CIP End of Year Luncheon $30.00
28194 12/21/2018 Open Accounts Payable COLLEEN FERRIS $45.20
Invoice Date Description Amount
ColleenF111119 11/11/2018 reimbursement for cell phone service 10/12-11/11 $45.20
28195 12/21/2018 Open Accounts Payable COMMUNICATION ACADEMY $3,831.75
Invoice Date Description Amount
CAF2018 12/19/2018 CAcademy - Fall 2018 $3,831.75
28196 12/21/2018 Open Accounts Payable CP6CPC, LLC $5,825.08
Invoice Date Description Amount
01012019 01/01/2019 Rent January 2019 $5,825.08
28197 12/21/2018 Open Accounts Payable CRUZ, RAYCHEL $4,121.50
Invoice Date Description Amount
121918 12/19/2018 December payment $3,504.00
122018 12/20/2018 December PT payment $617.50
28198 12/21/2018 Open Accounts Payable GOLDFARB & LIPMAN $3,974.00
Invoice Date Description Amount
128938 11/17/2018 legal services Vallco SPA project $2,736.00
129095 11/21/2018 Legal Services $140.00
129245 11/17/2018 Housing Legal Fees 2018/10 $1,042.00
129246 11/17/2018 Vallco #805 Legal Fees 2018/02 $56.00
28199 12/21/2018 Open Accounts Payable GRACE DUVAL $815.60
Invoice Date Description Amount
121718 12/17/2018 Zumba Gold Instruction (11.2-12.14) 9 students $201.60
GD.3F 12/18/2018 3rd fall payment $574.00
Wednesday, January 02, 2019Pages: 20 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
81
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
121918 12/19/2018 December payment $40.00
28200 12/21/2018 Open Accounts Payable HARRIS & ASSOCIATES $286.00
Invoice Date Description Amount
39824 12/18/2018 Neil Dickey Land Surveying, Prof Svcs 10.28.18-
11.24.18
$286.00
28201 12/21/2018 Open Accounts Payable HILL, JENNIFER $148.00
Invoice Date Description Amount
121918 12/19/2018 December payment $148.00
28202 12/21/2018 Open Accounts Payable JEFF ORDWAY $36.00
Invoice Date Description Amount
121418 12/14/2018 Mobile Phone Service Reimbursement for 11/14/18 to
12/13/18
$36.00
28203 12/21/2018 Open Accounts Payable JULIA KINST $69.39
Invoice Date Description Amount
JuliaK121318 12/13/2018 PW employee appreciation lunch supplies $69.39
28204 12/21/2018 Open Accounts Payable KEVIN RIEDEN $220.00
Invoice Date Description Amount
KevinR082018 08/20/2018 Cell Phone Reimbursement - 7.21.18-8.20.18 $55.00
KevinR092018 09/20/2018 Cell Phone Reimbursement - 8.21.18-9.20.18 $55.00
KevinR102018 10/20/2018 Cell Phone Reimbursement, 9.21.18 to 10.20.18 $55.00
KevinR112018 11/20/2018 Cell Phone Reimbursement, 10.21.18 to 11.20.18 $55.00
28205 12/21/2018 Open Accounts Payable KONGBOON, SA-AD $329.73
Invoice Date Description Amount
SK.3F 12/18/2018 3rd fall payment $287.73
121918 12/19/2018 December payment $42.00
28206 12/21/2018 Open Accounts Payable LAW OFFICE OF LAWRENCE E.
KERN, INC.
$152.00
Invoice Date Description Amount
39029 12/13/2018 Legal Services $152.00
28207 12/21/2018 Open Accounts Payable LAW OFFICES OF BURKE,
WILLIAMS & SORENSEN
$15,283.50
Invoice Date Description Amount
234472 11/30/2018 Marina Plaza #400 Legal Fees 2018/10 $3,829.50
234473 11/30/2018 Cupertino Village #812 Legal Fees 2018/10 $11,247.00
235252 12/01/2018 Legal Services $207.00
28208 12/21/2018 Open Accounts Payable LIFETIME TENNIS INC $230,183.11
Invoice Date Description Amount
121918 12/19/2018 payment 3 $230,183.11
28209 12/21/2018 Open Accounts Payable MARK WRIGHT DBA WRIGHT WAY
SHOTOKAN
$3,961.71
Invoice Date Description Amount
121418 12/14/2018 Fall Payment 2 $3,961.71
28210 12/21/2018 Open Accounts Payable MERCHANT, TEJAL $287.00
Invoice Date Description Amount
121918 12/19/2018 December payment $287.00
Wednesday, January 02, 2019Pages: 21 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
82
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28211 12/21/2018 Open Accounts Payable MITCHELL, BILL $1,138.99
Invoice Date Description Amount
BillM112918 11/29/2018 BillM112918 Travel Reimburse 11-26-18 - 11-29-18 $1,138.99
28212 12/21/2018 Open Accounts Payable MONA AHUJA $58.50
Invoice Date Description Amount
MA.3F 12/18/2018 3rd fall payment $58.50
28213 12/21/2018 Open Accounts Payable MOSLEY, CHAD , E $205.00
Invoice Date Description Amount
ChadM092018 09/20/2018 Cell Phone Reimbursement, 8.21.18 to 9.20.18 $55.00
ChadM102018 10/20/2018 Cell Phone Reimbursement, 9.21.18 to 10.20.18 $55.00
ChadM112018 11/20/2018 Cell Phone Reimbursement, 10.21.18 to 11.20.18 $55.00
ChadM121218 12/12/2018 APWA lunch meeting on 12.12.18 $40.00
28214 12/21/2018 Open Accounts Payable NESSIA STARR $241.80
Invoice Date Description Amount
NS.3F 12/18/2018 3rd fall payment $241.80
28215 12/21/2018 Open Accounts Payable O'GRADY PAVING INC $54,369.45
Invoice Date Description Amount
3086 11/30/2018 2018 Minor Asphalt Repairs Application #2 $54,369.45
28216 12/21/2018 Open Accounts Payable PIU GHOSH $88.07
Invoice Date Description Amount
Staff Retreat 12/06/2018 November Planning Dept Staff Retreat $88.07
28217 12/21/2018 Open Accounts Payable PROFESSIONAL TURF MGMNT INC $17,000.00
Invoice Date Description Amount
881 12/18/2018 Golf Course Maintenance $17,000.00
28218 12/21/2018 Open Accounts Payable QUARTIC SOLUTIONS LLC $14,890.00
Invoice Date Description Amount
2187 12/12/2018 Quartic Technical Support - Senior GIS Analyst $2,670.00
2186 12/12/2018 Quartic Technical Support - Senior GIS Analyst $7,700.00
2185 12/12/2018 Quartic Technical Support - Senior GIS Analyst $4,520.00
28219 12/21/2018 Open Accounts Payable ROBERT OSTENBERG $245.00
Invoice Date Description Amount
OstenbergF2018 12/19/2018 Ostenberg - Fall 2018 Classes $245.00
28220 12/21/2018 Open Accounts Payable SARA FRAZIER $292.50
Invoice Date Description Amount
SF.3F 12/18/2018 3rd fall payment $292.50
28221 12/21/2018 Open Accounts Payable SHUTE, MIHALY & WEINBERGER
LLP
$25,399.77
Invoice Date Description Amount
257846 10/23/2018 legal services Cupertino Village Hotel $1,155.20
257845 10/23/2018 legal fees Vallco SPA project $20,464.17
257847 10/23/2018 legal services Westport Shopping Center $2,062.50
258188 11/27/2018 Cupertino Village #812 Legal Fees 2018/10 $1,717.90
28222 12/21/2018 Open Accounts Payable SLAB HAPPY CERAMICS $4,332.40
Invoice Date Description Amount
SlabF2018 12/19/2018 Slab - Fall 2018 Payment 2 $4,332.40
Wednesday, January 02, 2019Pages: 22 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
83
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28223 12/21/2018 Open Accounts Payable SMART & FINAL $256.38
Invoice Date Description Amount
SFinal121318 12/17/2018 Smart and Final Teen Center Food Run - 12.13.18 $256.38
28224 12/21/2018 Open Accounts Payable SWICK, MELISSA $840.00
Invoice Date Description Amount
121918 12/19/2018 December payment $840.00
28225 12/21/2018 Open Accounts Payable TIMM BORDEN $29.97
Invoice Date Description Amount
TimmB121918 12/19/2018 Career Talk Lunches with JindyG and CherieW $29.97
28226 12/21/2018 Open Accounts Payable TWISTERS SPORTS $16,457.92
Invoice Date Description Amount
121418 12/14/2018 Fall Payment 2 $16,457.92
Type EFT Totals:40 Transactions $912,334.94
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 175 $1,055,325.51 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 175 $1,055,325.51 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 40 $912,334.94 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 40 $912,334.94 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 215 $1,967,660.45 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Wednesday, January 02, 2019Pages: 23 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
84
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 215 $1,967,660.45 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 175 $1,055,325.51 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 175 $1,055,325.51 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 40 $912,334.94 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 40 $912,334.94 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 215 $1,967,660.45 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 215 $1,967,660.45 $0.00
Wednesday, January 02, 2019Pages: 24 of 24user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/15/2018 - To Payment Date: 12/21/2018
85
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5202 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending December 28, 2018
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending December 28, 2018
Adopt Resolution No. 19-028 accepting Accounts Payable for the period ending December 28,
2018
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™86
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718701 12/28/2018 Open Accounts Payable Colonial Life & Accident Insurance $93.09
Invoice Date Description Amount
12212018 12/21/2018 4800 - *Colonial Products - Pre-Tax*$93.09
718702 12/28/2018 Open Accounts Payable Community Health Charities of
California
$257.00
Invoice Date Description Amount
12212018 12/21/2018 4400 - Community Health Charities $257.00
718703 12/28/2018 Open Accounts Payable IFPTE LOCAL 21 $1,926.30
Invoice Date Description Amount
12212018 12/21/2018 4200 - Association Dues - CEA $1,926.30
718704 12/28/2018 Open Accounts Payable Operating Engineer #3 $1,512.16
Invoice Date Description Amount
12212018 12/21/2018 4100 - Union Dues $1,512.16
718705 12/28/2018 Open Accounts Payable PERS Long Term Care Program $30.28
Invoice Date Description Amount
12212018 12/21/2018 0530 - PERS Long Term Care $30.28
718706 12/28/2018 Open Accounts Payable State Disbursement Unit $276.92
Invoice Date Description Amount
12212018 12/21/2018 0100 - Child Support $276.92
Type Check Totals:6 Transactions $4,095.75
EFT
28228 12/28/2018 Open Accounts Payable Employment Development $1,430.03
Invoice Date Description Amount
12212018 12/21/2018 SDI - State Disability Insurance $1,430.03
28229 12/28/2018 Open Accounts Payable PERS-457K $8,174.08
Invoice Date Description Amount
12212018 12/21/2018 3200 - *PERS Deferred Comp*$8,174.08
28230 12/28/2018 Open Accounts Payable Eflex Group, Inc $4,137.98
Invoice Date Description Amount
12212018 12/21/2018 4700 - *FSA Employee Health*$4,137.98
28231 12/28/2018 Open Accounts Payable ICMA Retirement Trust-457 $1,827.54
Invoice Date Description Amount
12212018 12/21/2018 3100 - *ICMA Deferred Comp*$1,827.54
28232 12/28/2018 Open Accounts Payable National Deferred (ROTH)$3,445.77
Invoice Date Description Amount
12212018 12/21/2018 3010 - Nationwide Roth $3,445.77
28233 12/28/2018 Open Accounts Payable National Deferred Compensatin $29,122.23
Invoice Date Description Amount
12212018 12/21/2018 3000 - *Nationwide Deferred Compensatio $29,122.23
Wednesday, January 02, 2019Pages: 1 of 2user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/22/2018 - To Payment Date: 12/28/2018
87
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28234 12/28/2018 Open Accounts Payable PARS/City of Cupertino $4,292.65
Invoice Date Description Amount
12212018 12/21/2018 3321 - PARS Employee *$4,292.65
Type EFT Totals:7 Transactions $52,430.28
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 6 $4,095.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 6 $4,095.75 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 7 $52,430.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 7 $52,430.28 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 13 $56,526.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 13 $56,526.03 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 6 $4,095.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 6 $4,095.75 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 7 $52,430.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 7 $52,430.28 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 13 $56,526.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 13 $56,526.03 $0.00
Wednesday, January 02, 2019Pages: 2 of 2user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/22/2018 - To Payment Date: 12/28/2018
88
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5203 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending January 04, 2019
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending January 04, 2019
Adopt Resolution No. 19-029 accepting Accounts Payable for the period ending January 04,
2019
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™89
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718707 01/04/2019 Open Accounts Payable AT&T $748.96
Invoice Date Description Amount
12268009 12/01/2018 9391023220 (408-252-2405)$21.81
12173131 11/12/2018 9391023223 10/12/18 -11/11/18 $100.89
12310939 12/12/2018 9391023219 (408-252-1118) $100.73
12310947 12/12/2018 9391023227 (408-996-9248)$19.08
12311039 12/12/2018 9391023216 (233-281-5494)$98.81
12310943 12/12/2018 9391023223 11/12/18-12/11/18 $100.17
12310945 12/12/2018 9391023225 (408-777-8204)$20.86
12311040 12/12/2018 9391023215 (233-281-4421)$109.77
12310942 12/12/2018 9391023222 (408-517-0211)$20.73
12311037 12/12/2018 9391023218 (238-371-7141)$69.52
12310941 12/12/2018 9391023221 (408-253-9200)$86.59
718708 01/04/2019 Open Accounts Payable PACIFIC TELEMANAGEMENT SVCS $543.00
Invoice Date Description Amount
2007807 12/13/2018 payphone svcs 01/01/2019-01/31/2019 $543.00
718709 01/04/2019 Open Accounts Payable TERRYBERRY COMPANY LLC $157.86
Invoice Date Description Amount
F58949 12/31/2018 NIDHI MATHUR Employee Recognition Award $157.86
718710 01/04/2019 Open Accounts Payable Yunhyup, Kim $164.52
Invoice Date Description Amount
7875 01/02/2019 YOON HYUP Inv#7875 Refund $164.52
Type Check Totals:4 Transactions $1,614.34
EFT
28235 12/31/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $33,676.14
Invoice Date Description Amount
12212018 12/21/2018 CA - CA State Tax pp 12/8-12/21/18 $33,676.14
28236 12/31/2018 Open Accounts Payable IRS $112,961.84
Invoice Date Description Amount
12212018 12/21/2018 FED - Federal Tax pp 12/8-12/21/18 $112,961.84
28237 01/02/2019 Open Accounts Payable P E R S $122,676.31
Invoice Date Description Amount
12212018 12/21/2018 CalPERS 12/8-12/21/18 $122,676.31
Monday, January 07, 2019Pages: 1 of 2user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/29/2018 - To Payment Date: 1/4/2019
90
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28238 01/02/2019 Open Accounts Payable P E R S $892.41
Invoice Date Description Amount
12012018 12/01/2018 PERS Council 12/1-12/31/18 $892.41
Type EFT Totals:4 Transactions $270,206.70
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 4 $1,614.34 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 4 $1,614.34 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 4 $270,206.70 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 4 $270,206.70 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 8 $271,821.04 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 8 $271,821.04 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 4 $1,614.34 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 4 $1,614.34 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 4 $270,206.70 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 4 $270,206.70 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 8 $271,821.04 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 8 $271,821.04 $0.00
Monday, January 07, 2019Pages: 2 of 2user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/29/2018 - To Payment Date: 1/4/2019
91
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5204 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending January 11, 2019
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending January 11, 2019
Adopt Resolution No. 19-030 accepting Accounts Payable for the period ending January 11,
2019
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™92
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718711 01/11/2019 Open Accounts Payable 4IMPRINT INC.$3,856.42
Invoice Date Description Amount
6943857 12/26/2018 Open House shirts. staff sweat shirts $3,856.42
718712 01/11/2019 Open Accounts Payable 4LEAF INC $561.80
Invoice Date Description Amount
J1865A15 12/21/2018 Building Inspection Services AC2 Phase II - Nov 1 th-
Nov 30th
$561.80
718713 01/11/2019 Open Accounts Payable ADVANCED SYSTEMS GROUP $3,292.59
Invoice Date Description Amount
24681 12/20/2018 Apple IMac NLE Workstations Monitors $3,292.59
718714 01/11/2019 Open Accounts Payable ADVANTAGE GRAFIX $277.81
Invoice Date Description Amount
42754 12/20/2018 398 survey notification postcards - SF organics $277.81
718715 01/11/2019 Open Accounts Payable AIR PRODUCTS GROUP INC $5,695.28
Invoice Date Description Amount
106302 12/11/2018 Facilities: Filters $5,695.28
718716 01/11/2019 Open Accounts Payable AIRGAS USA LLC $323.61
Invoice Date Description Amount
9083634122 12/18/2018 Grounds: Steel Toe Boots, Cn Sfty Typ II Stl $323.61
718717 01/11/2019 Open Accounts Payable ALFREDO ALEGRIA $60.00
Invoice Date Description Amount
AlfredoA122018 12/20/2018 Reimbursment for Qualified Applicator Certficate $60.00
718718 01/11/2019 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $92.37
Invoice Date Description Amount
4984902 122918 12/29/2018 water $92.37
718719 01/11/2019 Open Accounts Payable ALL CITY MANAGEMENT
SERVICES
$13,314.06
Invoice Date Description Amount
58376 12/20/2018 School Crossing Guard Services, 12.2.18 to
12.15.1818
$13,314.06
718720 01/11/2019 Open Accounts Payable ALVAREZ, RICARDO $155.00
Invoice Date Description Amount
RicardoA103118 10/31/2018 Reimbursements for cross-connection control class &
test
$155.00
718721 01/11/2019 Open Accounts Payable AMAZON WEB SERVICES INC $334.31
Invoice Date Description Amount
163139734 01/03/2019 Amazon Elastic Computer Cloud December 2018 $334.31
718722 01/11/2019 Open Accounts Payable ANDERSON'S TREE CARE
SPECIALISTS
$2,250.00
Invoice Date Description Amount
11634 01/02/2019 Blackberry Farm Risk Assessment $2,250.00
Tuesday, January 15, 2019Pages: 1 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
93
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718723 01/11/2019 Open Accounts Payable ARBORPRO INC $27,440.00
Invoice Date Description Amount
61218 01/02/2019 GPS Tree Inventory $27,440.00
718724 01/11/2019 Open Accounts Payable ASBURY ENVIRONMENTAL
SERVICES
$65.00
Invoice Date Description Amount
I500-00399283 12/26/2018 Streets: HazMat: Used Oil Service $65.00
718725 01/11/2019 Open Accounts Payable CALIF BUILDING STANDARDS
COMMISSION
$2,099.70
Invoice Date Description Amount
QTR4- 2018 01/09/2019 10/1/18-12/31/2018 BSA FEE $2,099.70
718726 01/11/2019 Open Accounts Payable CINTAS CORPORATION $838.22
Invoice Date Description Amount
630580414 12/25/2018 Uniforms/Safety Apparel $422.86
630583859 01/01/2019 Uniforms/Safety Apparel $415.36
718727 01/11/2019 Open Accounts Payable CITY OF PLEASANTON $45.00
Invoice Date Description Amount
FA-3702 01/08/2019 Docent Tour Alviso Adobe Cupertino Senior Center
02/05/2019
$45.00
718728 01/11/2019 Open Accounts Payable CLEARBLU ENVIRONMENTAL $612.77
Invoice Date Description Amount
19841 12/20/2018 Preventative Maintenance - HEG Unloader $612.77
718729 01/11/2019 Open Accounts Payable Colonial Life & Accident Insurance $93.09
Invoice Date Description Amount
01042019 01/04/2019 4800 - *Colonial Products - Pre-Tax*$93.09
718730 01/11/2019 Open Accounts Payable COMCAST $300.84
Invoice Date Description Amount
2330-120118 12/01/2018 8155 10 005 0182330 12/1018-01/09/19 $300.84
718731 01/11/2019 Open Accounts Payable Community Health Charities of
California
$317.50
Invoice Date Description Amount
01042019 01/04/2019 4400 - Community Health Charities $317.50
718732 01/11/2019 Open Accounts Payable COTTON SHIRES & ASSO INC $1,181.25
Invoice Date Description Amount
123709 12/20/2018 Geotech Review for The Forum, (C5048), 10.9.18-11-
30-18
$1,181.25
718733 01/11/2019 Open Accounts Payable CSG CONSULTANTS INC $337.50
Invoice Date Description Amount
22232 12/18/2018 SO #2 Parcel Map 10206 Orange Ave, 10.27.18-
11.30.18
$337.50
718734 01/11/2019 Open Accounts Payable CSI SOFTWARE INC $1,240.47
Invoice Date Description Amount
42391 01/01/2019 Daxko Spectrum Software Fee $1,240.47
Tuesday, January 15, 2019Pages: 2 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
94
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718735 01/11/2019 Open Accounts Payable CUPERTINO BHUBANESWAR
SISTER
$1,420.00
Invoice Date Description Amount
10152018 10/15/2018 Sister City Student Exchange Program - City Hall
DInner
$500.00
1008 10/15/2018 Sister City Student Exchange Program - Policy Paid $920.00
718736 01/11/2019 Open Accounts Payable DASHER TECHNOLOGIES, INC $2,835.00
Invoice Date Description Amount
343476 12/17/2018 HPE Simplivity Professional Service Hours $2,835.00
718737 01/11/2019 Open Accounts Payable DAVID J POWERS & ASSOCIATES $7,721.65
Invoice Date Description Amount
23122 11/28/2018 Vallco #805 Specific Plan EIR 2018/10 $7,721.65
718738 01/11/2019 Open Accounts Payable DEPARTMENT OF CONSERVATION $10,197.95
Invoice Date Description Amount
QTR4-2018 01/09/2019 10/1/18 -12/1/2018 $10,197.95
718739 01/11/2019 Open Accounts Payable DIGITAL PRINT $87.94
Invoice Date Description Amount
19858 12/17/2018 Business Cards: Paul O'Sullivan $87.94
718740 01/11/2019 Open Accounts Payable DLT SOLUTIONS LLC $3,680.58
Invoice Date Description Amount
SI417397 12/31/2018 AutoCAD, Civil 3D $3,680.58
718741 01/11/2019 Open Accounts Payable ECS IMAGING INC $1,095.00
Invoice Date Description Amount
13718 12/28/2018 Fujitsu document scanner maintenance downstairs $1,095.00
718742 01/11/2019 Open Accounts Payable ERGO VERA $275.00
Invoice Date Description Amount
2927 11/02/2018 Evaluation for Mariela $275.00
718743 01/11/2019 Open Accounts Payable FARELLA BRAUN & MARTEL LLP $2,890.85
Invoice Date Description Amount
327026 12/17/2018 Legal Services Hom v. CC $2,890.85
718744 01/11/2019 Open Accounts Payable Franchise Tax Board $697.86
Invoice Date Description Amount
01042019 01/04/2019 MARC A LA BRIE $697.86
718745 01/11/2019 Open Accounts Payable FRANK, RIMERMAN + CO. LLP $20,000.00
Invoice Date Description Amount
190172 09/19/2018 Professional Services Fraud Investigation May 29
2018
$20,000.00
718746 01/11/2019 Open Accounts Payable Friends of Vision Literacy $400.00
Invoice Date Description Amount
010719 01/07/2019 ESL Intermediate (11.7-1.2) 20 Students $400.00
718747 01/11/2019 Open Accounts Payable GRANICUS INC $1,297.80
Invoice Date Description Amount
107194 12/26/2018 Open Platform, Gov Transparency, etc 12/26/18 -
1/25/19
$1,297.80
Tuesday, January 15, 2019Pages: 3 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
95
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718748 01/11/2019 Open Accounts Payable GWLAND ASSOCIATES $3,750.00
Invoice Date Description Amount
2019-OR-001 01/04/2019 Orange Ave Sidewalk Right of Way Management
Services (Task #1)
$1,837.50
2019-BY-001 01/04/2019 Byrne Ave Sidewalk Right of Way Management
Services (Task #1)
$1,912.50
718749 01/11/2019 Open Accounts Payable Hart Flooring Co. Inc.$2,200.00
Invoice Date Description Amount
122718 12/27/2018 sand and screen child care floor $2,200.00
718750 01/11/2019 Open Accounts Payable HELLO HOUSING $2,420.00
Invoice Date Description Amount
17 11/30/2018 BMR Program Administration 2018/10 $2,420.00
718751 01/11/2019 Open Accounts Payable HEXAGON TRANSPORTATION
CONSULTANTS
$3,381.00
Invoice Date Description Amount
12415 12/20/2018 Cupertino Village Hotel #812 Traffic Study 2018/11 $2,001.00
12429 12/21/2018 10625 S Foothill Blvd #906 Traffic Study 2018/12 $1,380.00
718752 01/11/2019 Open Accounts Payable IEH-BioVir Laboratories $350.00
Invoice Date Description Amount
181782 10/16/2018 Civic Center Water testing Sample 9-24-18 $350.00
718753 01/11/2019 Open Accounts Payable IFPTE LOCAL 21 $1,776.10
Invoice Date Description Amount
01042019 01/04/2019 4200 - Association Dues - CEA $1,776.10
718754 01/11/2019 Open Accounts Payable IMPEC GROUP (CLEAN
INNOVATION)
$133,762.84
Invoice Date Description Amount
1812120 12/01/2018 December 2018 Janitorial Services $60,889.16
1812119 12/01/2018 Dec 2018 Janitorial Services weekends $2,809.40
1901105 01/01/2019 Facilities: Jan '19 Janitorial Svc- Library Weekend Day
Porter
$3,085.75
1901104 01/01/2019 Facilities: January 2019 Janitorial Services $66,878.53
1812502 12/15/2018 Facilities: Special Custodial Service - City Hall $100.00
718755 01/11/2019 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY $158.56
Invoice Date Description Amount
3583534-00 12/13/2018 Grounds: Tees, Male Adapter PVC, Trash Cans w
Side Scoop
$158.56
718756 01/11/2019 Open Accounts Payable INDEPENDENT CODE
CONSULTANTS, INC.
$37,178.00
Invoice Date Description Amount
1087 01/02/2019 Building Plan Review Services 11/20/2018 & 12/3/2018 $37,178.00
718757 01/11/2019 Open Accounts Payable Infinity Press Inc $3,843.34
Invoice Date Description Amount
118737 12/27/2018 De Anza Hotel #851 GPA cards $3,843.34
718758 01/11/2019 Open Accounts Payable J.J.R. CONSTRUCTION INC $261,274.82
Invoice Date Description Amount
17-242 12/20/2018 Progress Payment 3 $261,274.82
Tuesday, January 15, 2019Pages: 4 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
96
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718759 01/11/2019 Open Accounts Payable John Cahalan Landscape Architect $1,781.25
Invoice Date Description Amount
2019-003 Inv#13 12/21/2018 De Anza Blvd. Medians Landscape Improvements
Phase 1/Invoice 13
$1,781.25
718760 01/11/2019 Open Accounts Payable JOHNSON CONTROLS FIRE
PROTECTION LP
$952.00
Invoice Date Description Amount
85454954 12/10/2018 Service Call - QCC Zone 6 $952.00
718761 01/11/2019 Open Accounts Payable Mersich, Misty $6.00
Invoice Date Description Amount
MistyM12132018 12/13/2018 Reimbursement for CalTrain Parking - ABAG $6.00
718762 01/11/2019 Open Accounts Payable METRO MOBILE
COMMUNICATIONS
$749.21
Invoice Date Description Amount
055029 12/26/2018 Radio & Antenna Installation $749.21
718763 01/11/2019 Open Accounts Payable MICHELE WESTLAKEN $491.00
Invoice Date Description Amount
010719 01/07/2019 Feldenkrais Instruction (11/6-1.8) 13 Students 10 Flex $491.00
718764 01/11/2019 Open Accounts Payable MING FEN LEE $510.00
Invoice Date Description Amount
010719 01/07/2019 Chinese Brush Painting Wed Night (11.7-1.2) 10
Students
$510.00
718765 01/11/2019 Open Accounts Payable MMANC $75.00
Invoice Date Description Amount
1250 12/24/2018 MMANC Membership Lisa Maletis-Massey thru 2/6/20 $75.00
718766 01/11/2019 Open Accounts Payable NARAYANAN, RUPA $171.60
Invoice Date Description Amount
010719 01/07/2019 Yoga Foundation Instruction (10.30-1.8) 4 Students +
5 Flex
$171.60
718767 01/11/2019 Open Accounts Payable NI GOVERNMENT SERVICES INC $79.04
Invoice Date Description Amount
8111263214 12/01/2018 CM Satellite Cell Phone Services 11/1 - 11/30 $79.04
718768 01/11/2019 Open Accounts Payable NORTH AMERICAN YOUTH
ACTIVITIES LLC
$1,223.65
Invoice Date Description Amount
011019 01/10/2019 Adjustment for cancelled classes in Fall prorated
contractor bas
$1,223.65
718769 01/11/2019 Open Accounts Payable O'REILLY AUTO PARTS $212.94
Invoice Date Description Amount
2591-374805 12/19/2018 F/P Assembly & Fuel Filter $212.94
718770 01/11/2019 Open Accounts Payable OFFICE DEPOT $243.12
Invoice Date Description Amount
245739814001 12/12/2018 Office supplies $47.25
242064632001 12/05/2018 Office Depot (labeler tape; AA & AAA batteries)$34.72
243513605001 12/07/2018 Code Enforcement office supplies - Batteries $8.19
242571564001 12/05/2018 Code Enforcement Kitchen supplies $22.58
Tuesday, January 15, 2019Pages: 5 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
97
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
239828894001 12/03/2018 Code Enforcement office supplies - LED Floor Lamp $104.41
246443507001 12/13/2018 Office Depot (DVD+R, Packing Tape)$25.97
718771 01/11/2019 Open Accounts Payable OLM Recycling Services $756.00
Invoice Date Description Amount
2006 12/20/2018 LED Disposal and Recycle Fee $756.00
718772 01/11/2019 Open Accounts Payable Operating Engineer #3 $1,536.08
Invoice Date Description Amount
01042019 01/04/2019 4100 - Union Dues $1,536.08
718773 01/11/2019 Open Accounts Payable PAUL SAPUDAR $55.00
Invoice Date Description Amount
PaulS121418 12/14/2019 Cell Phone Svc Reimbursement; 11.15.18-12.14.18 $55.00
718774 01/11/2019 Open Accounts Payable PERS Long Term Care Program $30.28
Invoice Date Description Amount
01042019 01/04/2019 0530 - PERS Long Term Care $30.28
718775 01/11/2019 Open Accounts Payable PLACEWORKS, INC $12,533.97
Invoice Date Description Amount
67353 11/30/2018 10625 S Foothill Blvd #906 Environmental Review
2018/11
$10,521.30
67352 11/30/2018 Cupertino Village Hotel #812 $2,012.67
718776 01/11/2019 Open Accounts Payable PREFERRED ALLIANCE INC $956.76
Invoice Date Description Amount
0144675-IN 12/17/2018 6-10 Participants - Off- Site $956.76
718777 01/11/2019 Open Accounts Payable R & B Company $2,916.04
Invoice Date Description Amount
S1805490.001 12/20/2018 Grounds: Backflow at Quinlan Supplies $2,916.04
718778 01/11/2019 Open Accounts Payable REVEL ENVIRONMENTAL MFG.$1,383.00
Invoice Date Description Amount
40255 12/20/2018 Service Program 3X a Year- Catch Basin Inserts $1,383.00
718779 01/11/2019 Open Accounts Payable RONALD D OLDS $2,682.50
Invoice Date Description Amount
5240 12/30/2018 Edit table install; Office A/V Rack; conf. room design $1,831.50
5241 01/06/2019 AV Office Rack; Conf. Room audio DA; engineering
mtg
$851.00
718780 01/11/2019 Open Accounts Payable ROSS RECREATION EQUIPMENT
CO INC
$5,840.46
Invoice Date Description Amount
I14194 12/17/2018 Grounds: Three Oaks Park Benches $4,798.85
I14213 12/19/2018 Facilities: Creekside Chain Ladders $1,041.61
718781 01/11/2019 Open Accounts Payable SANTA CLARA CNTY
CLERK/RECORDER
$400.00
Invoice Date Description Amount
RM-2018-30 01/04/2019 exempt filing $50.00
ASA-2018-06 01/04/2019 exempt filing $50.00
DIR-2018-12 01/04/2019 exempt filing $50.00
DIR-2018-07 01/04/2019 exempt filing $50.00
RM-2018-20 01/04/2019 exempt filing $50.00
Tuesday, January 15, 2019Pages: 6 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
98
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
R-2018-26 01/04/2019 exempt filing $50.00
R-2018-30 01/04/2019 exempt filing $50.00
RM-2018-25 01/04/2019 exempt filing $50.00
718782 01/11/2019 Open Accounts Payable SANTA CLARA VALLEY TRANS
AUTHORITY
$468,118.84
Invoice Date Description Amount
1800025686 12/31/2018 Billing No 03. AC2 Traffic Mitigation Improvments-Final $468,118.84
718783 01/11/2019 Open Accounts Payable SCI CONSULTING GROUP $19,824.87
Invoice Date Description Amount
C8024 12/21/2018 Stormwater Funding Initiative Polling and Evaluation $19,824.87
718784 01/11/2019 Open Accounts Payable SERVICE STATION SYSTEMS, INC.$3,677.55
Invoice Date Description Amount
1621453 11/30/2018 Tri Annual compliance testing fuel Station $3,677.55
718785 01/11/2019 Open Accounts Payable SHARON NEUMANN SOLOW $688.55
Invoice Date Description Amount
20181018 12/17/2018 ASL- English Interpreting For Interview $688.55
718786 01/11/2019 Open Accounts Payable SoftwareONE Inc.$4,763.17
Invoice Date Description Amount
US-PSI-745859 12/21/2018 Microsoft Office, Project, Visio 1 yr plus year 3 true-up $4,763.17
718787 01/11/2019 Open Accounts Payable SOUTH BAY MOA $7,190.40
Invoice Date Description Amount
11272018 11/25/2018 Softball Umpire Fees Fall $7,190.40
718788 01/11/2019 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $384.26
Invoice Date Description Amount
3396765326 11/17/2018 Office Supplies $35.35
3396765325 11/17/2018 Office Supplies $75.73
3398447935 12/05/2018 Office Supplies $17.80
3397251149 11/25/2018 Office Supplies $93.38
3399170868 12/14/2018 Accounting Paper - Pastel Grey $36.04
3399082228 12/13/2018 City Council Altoid Mints $125.96
718789 01/11/2019 Open Accounts Payable State Disbursement Unit $276.92
Invoice Date Description Amount
01042019 01/04/2019 0100 - Child Support $276.92
718790 01/11/2019 Open Accounts Payable STATE WATER RESOURCES
CONTROL BOARD
$568.00
Invoice Date Description Amount
SW-0158092 11/07/2018 Index No: 339531, Facility ID 2 43C373468, AC2
I280/Lawrence
$568.00
718791 01/11/2019 Open Accounts Payable Strategic Economics Inc $6,271.25
Invoice Date Description Amount
1816.06 12/31/2018 Economic Feasiblity Study 2018/12 $6,271.25
718792 01/11/2019 Open Accounts Payable SUNNYVALE FORD $46.95
Invoice Date Description Amount
138851 12/28/2018 E-Bike Tube Repair (Sustainability)$46.95
Tuesday, January 15, 2019Pages: 7 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
99
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718793 01/11/2019 Open Accounts Payable SWRCB FEES $21,344.00
Invoice Date Description Amount
SW-0159495 12/12/2018 Annual stormwater fee based on population $21,344.00
718794 01/11/2019 Open Accounts Payable TEREX UTILITIES WEST $1,310.90
Invoice Date Description Amount
90932600 12/28/2018 VEH429: Annual Crane/Lift Inspection & Service $265.00
90932603 12/28/2018 VEH433: Annual Crane/Lift Inspection & Service $215.00
90932604 12/28/2018 VEH479: Annual Crane/Lift Inspection & Service $245.45
90932593 12/28/2018 VEH432: Annual Crane/Lift Inspection & Service $215.00
90932598 12/28/2018 VEH462: Annual Crane/Lift Inspection & Service $370.45
718795 01/11/2019 Open Accounts Payable TERRACON CONSULTANTS, INC $3,750.00
Invoice Date Description Amount
TB50344 12/28/2018 BBF Pool Improvements, Project #BE186051,
11.25.18-12.22.18
$3,750.00
718796 01/11/2019 Open Accounts Payable THE CALIFORNIA CHANNEL $253.34
Invoice Date Description Amount
19489 01/01/2019 California Channel (January 2019)$253.34
718797 01/11/2019 Open Accounts Payable TOWNE FORD $31,564.25
Invoice Date Description Amount
83304 12/26/2018 2019 Ford Fusion Replacing Veh37 $31,564.25
718798 01/11/2019 Open Accounts Payable TREESTUFF.COM $1,549.79
Invoice Date Description Amount
INV-439155 12/10/2018 Trees: Friction Saver,Carabiners, Lanyards, Safety
Glasses, etc.
$1,005.56
INV-439942 12/14/2018 Trees: Two Line Throwline Kit $411.86
INV-439933 12/14/2018 Trees:Sewn Eye & Eye 24" and 28"$132.37
718799 01/11/2019 Open Accounts Payable TURF & INDUSTRIAL EQUIPMENT
CO
$843.05
Invoice Date Description Amount
RO25073 12/20/2018 Equipment Parts, Inspection, & Repair $843.05
718800 01/11/2019 Open Accounts Payable United Way Silicon Valley $5.00
Invoice Date Description Amount
2019-00000974 01/04/2019 4501 - United Way $5.00
718801 01/11/2019 Open Accounts Payable US BANK-PURCHASING CARD
PROGRAM
$61,693.03
Invoice Date Description Amount
JeffO121718 12/17/2018 0459 CC Charges $1,440.61
KarenL121718 12/17/2018 8993 CC Charges $77.43
JasonF121718 12/17/2018 0161 CC charges $421.45
JasonG121718 12/17/2018 2795 CC Charges $266.81
JuliaK121718 12/17/2018 0918 CC Charges $58.35
BrianG121718 12/17/2018 6202 CC Charges $230.96
AndrewS121718 12/17/2018 9993 CC Charges $1,097.88
CesarG121718 12/17/2018 9076 CC Charges $552.52
KevinK121718 12/17/2018 8746 CC Charges $242.80
AdriannaS121718 12/17/2018 0890 CC Charges $140.43
UrsulaS121718 12/17/2018 2512 CC Charges $420.16
Tuesday, January 15, 2019Pages: 8 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
100
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
ChristineH121718 12/17/2018 5957 CC Charges $795.03
JennyK121718 12/17/2018 8829CCCHarges $486.12
AlbertS121718 12/17/2018 7270 CC Charges $1,097.34
IsaacP121718 12/17/2018 0125 CC Charges $548.53
DomingoS121718 12/17/2018 7167 CC Charges $416.60
BillB121718 12/17/2018 5247 CC Charges $677.49
RudyL121718 12/17/2018 8736 CC Charges $80.03
ShawnT121718 12/17/2018 0179 CC Charges $23.28
BradA121718 12/17/2018 6013 CC Charges $130.78
CarlV121718 12/17/2018 6520 CC Charges $89.41
ChyeneO121718 12/17/2018 5561 CC Charges ($77.91)
TyB121718 12/17/2018 3195 CC Charges $4,997.03
BrianB121718 12/17/2018 4195 CC Charges $4,591.99
TimC121718 12/17/2018 6518CCCharges $464.07
JeffP121718 12/17/2018 3990CCCharges $13.92
Bethe121718 12/17/2018 CC charges 5593 $915.39
MarcL121718 12/17/2018 0138 CC Charges $60.00
KimC121718 12/17/2018 8696 CC Charges $69.19
MariluM121718 12/17/2018 8795CCCharges $552.85
AmandaH121718 12/17/2018 9326 CC Charges $195.25
MollyJ121718 12/17/2018 5546 CC Charges $1,019.25
KelseyH121718 12/17/2018 1679 CC Charges $1,223.58
Barbarab121718 12/17/2018 8712CCCharges $2,117.27
BillM121718 12/17/2018 6500 CC Charges $1,454.49
ReiD121718 12/17/2018 9254CCCharges $2,753.21
Lisamm121718 12/17/2018 4642 CC Charges $5,502.95
karengo121718 12/17/2018 0882 CC Charges $82.27
RobertG121718 12/17/2018 6980 CC Charges $127.69
AlexC12172018 12/17/2018 0400CCCHarges $7,768.00
VickieS121718 12/17/2018 7398CCCharges $519.00
RebeccaS121718 12/17/2018 6158 CC Charges $178.72
JasonB121718 12/17/2018 2565 CC Charges $400.50
LaurenS121718 12/17/2018 0578 CC Charges $3,619.10
PeggyF121718 12/17/2018 0924 CC Charges $640.65
ColleenF121718 12/17/2018 0798 CC charges $402.73
EmmaS121718 12/17/2018 1986 CC Charges $687.60
DanielM121718 12/17/2018 9167 CC Charges $420.93
GraceS121718 12/17/2018 2958 CC Charges $1,948.69
JindyG121718 12/17/2018 0175 CC Charges $1,540.90
KeithW121718 12/17/2018 8803CCCharges $51.25
KennethE121718 12/17/2018 5954 CC Charges $914.63
RSander121718 12/17/2018 8269 CC Charges $468.50
RobertD121718 12/17/2018 2557 CC Charges $884.42
MJ121718 12/17/2018 3859 CC Charges ($522.00)
MarielaR121718 12/17/2018 5528 CC Charges $6,412.91
718802 01/11/2019 Open Accounts Payable VALLEY OIL COMPANY $10,524.78
Invoice Date Description Amount
954062 12/18/2018 Mid 10% Ethanol Bulk Fuel $5,860.66
954063 12/18/2018 Renewable Diesel Fuel $4,664.12
Tuesday, January 15, 2019Pages: 9 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
101
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718803 01/11/2019 Open Accounts Payable VERIZON WIRELESS $6,422.89
Invoice Date Description Amount
Import - 60208 12/04/2018 408-202-5384 Adrianna Stankovich $38.01
Import - 60209 12/04/2018 408-204-3430 Lauren Dickinson $38.01
Import - 60210 12/04/2018 408-204-3449 Rei Delgado $38.01
Import - 60211 12/04/2018 408-204-4497 D. Kristina Grandbois $56.54
Import - 60212 12/04/2018 408-205-3349 Senior Ctr/Rafael $28.69
Import - 60213 12/04/2018 408-205-4541 Iqraam Nabi $38.01
Import - 60214 12/04/2018 408-205-6589 It Stock $70.86
Import - 60215 12/04/2018 408-206-0538 Quinton Adams $53.34
Import - 60216 12/04/2018 408-206-4856 Curtis Bloomquist $47.16
Import - 60217 12/04/2018 408-206-7512 Tracy Ayala $38.01
Import - 60218 12/04/2018 408-209-0148 It Stock $35.17
Import - 60219 12/04/2018 408-209-3255 Quinton Adams iPad $38.01
Import - 60220 12/04/2018 408-234-0189 Bill Mi-Fi $38.01
Import - 60221 12/04/2018 408-234-0843 Misty Mersich $38.01
Import - 60222 12/04/2018 408-234-0978 GIS Department $38.01
Import - 60223 12/04/2018 408-234-1270 Jonathan Ferrante Medians Group #1 $38.01
Import - 60224 12/04/2018 408-234-1543 Karen Goss $31.28
Import - 60225 12/04/2018 408-234-4724 Building Attendants Quinlan $25.17
Import - 60226 12/04/2018 408-234-8494 Roger Lee $68.74
Import - 60227 12/04/2018 408-309-0340 Piu Ghosh $36.43
Import - 60228 12/04/2018 408-309-0536 Phillip Wilkomm $26.72
Import - 60229 12/04/2018 408-309-1985 Barbara Banfield $38.96
Import - 60230 12/04/2018 408-309-2693 Christine Hanel $38.01
Import - 60231 12/04/2018 408-309-4294 Albert Salvador $38.52
Import - 60232 12/04/2018 408-309-5709 Clare Francavilla $38.01
Import - 60233 12/04/2018 408-309-5733 It Stock $38.01
Import - 60234 12/04/2018 408-309-7042 Kristina Alfaro $37.51
Import - 60235 12/04/2018 408-309-7640 Bob Sabich $33.13
Import - 60236 12/04/2018 408-309-8401 Rudy Lomas $38.01
Import - 60237 12/04/2018 408-309-8468 Jerry Anderson $38.01
Import - 60238 12/04/2018 408-309-9249 Jeff Greef $34.79
Import - 60239 12/04/2018 408-309-9252 Antonio Torrez $43.15
Import - 60240 12/04/2018 408-313-0045 Toan Quach $38.01
Import - 60241 12/04/2018 408-313-1148 Toan Quach $70.86
Import - 60242 12/04/2018 408-313-3558 Street Tree Maintenance #3 $38.01
Import - 60243 12/04/2018 408-313-4364 Street Tree Maintenance #4 $38.01
Import - 60244 12/04/2018 408-313-5321 Paul Sapudar $38.01
Import - 60245 12/04/2018 408-313-6943 Travis Warner $38.01
Import - 60246 12/04/2018 /LVD0DOHWLV0DVVH\$38.01
Import - 60247 12/04/2018 408-314-4452 HazMat/S. Tognetti $37.05
Import - 60248 12/04/2018 408-314-6637 Sean Hatch $38.01
Import - 60249 12/04/2018 408-314-9200 Rebecca Shaffer $38.01
Import - 60250 12/04/2018 408-315-3044 Jonathan Ferrante $53.34
Import - 60251 12/04/2018 408-315-6764 Rachelle Sander Mifi $38.01
Import - 60252 12/04/2018 408-315-8165 Brian Gathers $38.01
Import - 60253 12/04/2018 408-316-1233 Cheri Donnelly $53.34
Import - 60254 12/04/2018 408-316-1283 Bill Mitchell $38.01
Import - 60255 12/04/2018 408-316-2067 Paul O Sullivan $33.92
Tuesday, January 15, 2019Pages: 10 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
102
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60256 12/04/2018 408-316-7320 Gulu Sakhrani $38.01
Import - 60257 12/04/2018 408-318-1635 Brian Babcock $38.01
Import - 60258 12/04/2018 408-318-2012 Kane Wolfe $38.01
Import - 60259 12/04/2018 408-318-7365 Bob Sabich $38.01
Import - 60260 12/04/2018 408-318-8726 Jason Fauth $38.01
Import - 60261 12/04/2018 408-334-4885 Jerry Anderson (Ipad)$38.01
Import - 60262 12/04/2018 408-334-9082 Sean Hatch/ City of Cupertino $25.17
Import - 60263 12/04/2018 408-340-3184 Peter Coglianese $38.01
Import - 60264 12/04/2018 408-340-3387 Robert Kim $38.01
Import - 60265 12/04/2018 408-340-3524 Amy Chan $53.78
Import - 60266 12/04/2018 408-340-8060 Nidhi Mathur $38.01
Import - 60267 12/04/2018 408-340-8119 Phillip Wilkomm $38.01
Import - 60268 12/04/2018 408-340-8128 Cheri Donnelly $38.01
Import - 60269 12/04/2018 $DUWL6KULYDVWDYD$38.01
Import - 60270 12/04/2018 408-340-8648 Chad Mosley $38.01
Import - 60271 12/04/2018 408-340-8688 Kim Frey $38.01
Import - 60272 12/04/2018 408-438-7489 Karen Levy $38.01
Import - 60274 12/04/2018 408-440-7136 Andy Badal $38.01
Import - 60275 12/04/2018 408-460-1821 Ty Bloomquist $47.60
Import - 60276 12/04/2018 408-466-4450 Colleen Lettire $38.01
Import - 60277 12/04/2018 408-466-4765 GIS #1 $38.01
Import - 60278 12/04/2018 408-466-4906 Kerri Heusler Housing Planner $38.01
Import - 60279 12/04/2018 408-472-1568 David Stillman $53.34
Import - 60280 12/04/2018 408-472-6522 Jeff Greef $38.01
Import - 60281 12/04/2018 408-472-6541 John Raaymakers $38.01
Import - 60282 12/04/2018 408-472-7011 Ty Bloomquist $38.01
Import - 60283 12/04/2018 408-472-7295 Antonio Torrez $38.01
Import - 60284 12/04/2018 408-472-7857 Paul O'Sullivan $38.01
Import - 60285 12/04/2018 408-472-7927 Gary Stream $38.01
Import - 60286 12/04/2018 408-472-8289 Jonathan Ferrante WWP $0.18
Import - 60287 12/04/2018 408-472-9907 Manuel Barragan $53.34
Import - 60288 12/04/2018 408-479-0894 Mariah Dabel $38.01
Import - 60289 12/04/2018 408-482-5991 Benjamin Fu $38.01
Import - 60290 12/04/2018 408-482-6096 Marc Labrie $38.01
Import - 60291 12/04/2018 408-482-9730 Steven Scharf $38.01
Import - 60292 12/04/2018 408-483-0309 Maria Jimenez $96.21
Import - 60293 12/04/2018 408-483-3215 Teri Gerhardt $38.01
Import - 60294 12/04/2018 408-483-5947 Araceli Alejandre MiFi $38.01
Import - 60295 12/04/2018 408-483-7859 Shawn Tognetti $38.01
Import - 60296 12/04/2018 408-483-7997 Curtis Bloomquist MiFi $38.01
Import - 60297 12/04/2018 408-483-9976 Rocio Fierro MiFi $38.01
Import - 60298 12/04/2018 408-489-2932 Ross Slaney $38.01
Import - 60299 12/04/2018 408-489-8336 Beth Ebben 2 $38.01
Import - 60300 12/04/2018 408-489-9309 Jonathan Ferrante $38.01
Import - 60301 12/04/2018 408-489-9310 Kevin Rieden $38.01
Import - 60302 12/04/2018 408-493-3534 Jonathan Ferrante Median Crew 2 $38.01
Import - 60303 12/04/2018 408-497-1946 K. Neighborhood Events $38.01
Import - 60304 12/04/2018 408-497-3338 Marc Labrie $38.01
Import - 60305 12/04/2018 408-497-3691 Ricardo Alvarez $38.01
Import - 60306 12/04/2018 408-497-4686 Cliff Mabutas $38.01
Tuesday, January 15, 2019Pages: 11 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
103
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60307 12/04/2018 408-497-4809 Kevin Greene $38.01
Import - 60308 12/04/2018 408-497-4862 Jeff Trybus/IT Wireless $38.01
Import - 60309 12/04/2018 408-497-5327 IT Stock $25.17
Import - 60310 12/04/2018 408-497-6765 IT Loaner iPad 12.9 64GB $25.17
Import - 60311 12/04/2018 408-497-6873 IT Loaner iPad 10.5 64GB $38.01
Import - 60312 12/04/2018 408-497-7220 Colleen Ferris iPad $38.01
Import - 60313 12/04/2018 408-497-9307 David Stillman $38.01
Import - 60315 12/04/2018 408-510-0198 Gilee Corral $38.01
Import - 60316 12/04/2018 408-510-1975 IT Stock $25.17
Import - 60317 12/04/2018 408-510-2759 IT Stock $25.17
Import - 60318 12/04/2018 408-510-9158 Winnie Pagan $38.01
Import - 60319 12/04/2018 408-510-9632 Julie Chiu $38.01
Import - 60320 12/04/2018 408-515-7650 Karen Bernard-Guerin $25.51
Import - 60321 12/04/2018 408-568-0737 Chris Corrao $43.56
Import - 60322 12/04/2018 408-568-3911 Jonathan Ferrante WWP $38.01
Import - 60323 12/04/2018 408-568-6465 Beth Ebben 1 $38.01
Import - 60324 12/04/2018 408-568-9211 IT Test Phone $25.17
Import - 60325 12/04/2018 408-599-4937 Ursula Syrova $38.01
Import - 60326 12/04/2018 408-605-2546 Michael Zimmerman $25.17
Import - 60327 12/04/2018 408-605-3078 Quinton MiFi $38.01
Import - 60328 12/04/2018 408-605-3905 Andrew Schmitt MiFi 2 $38.01
Import - 60332 12/04/2018 408-609-4188 Jason Giorgianni $38.01
Import - 60333 12/04/2018 408-609-4367 Isaac Preciado $38.01
Import - 60334 12/04/2018 408-609-8711 Bill Bodene $38.01
Import - 60335 12/04/2018 408-609-8796 Rob Griffiths $38.01
Import - 60336 12/04/2018 408-609-8826 Domingo Santos $38.01
Import - 60337 12/04/2018 408-610-0601 Paul Tognetti $27.27
Import - 60338 12/04/2018 408-628-8745 Ken Tanase $38.01
Import - 60339 12/04/2018 408-630-0900 Shivani Tripathi $38.01
Import - 60340 12/04/2018 408-642-4263 Alex Wykoff/IT Wireless $38.01
Import - 60341 12/04/2018 408-642-4504 Jeff Milkes $38.01
Import - 60342 12/04/2018 408-655-8680 Jeff Trybus $53.34
Import - 60343 12/04/2018 408-655-8685 Alex Wykoff $36.43
Import - 60344 12/04/2018 408-688-1613 Ricardo Alvarez $38.01
Import - 60345 12/04/2018 408-688-6252 Benjamin Fu $28.50
Import - 60346 12/04/2018 408-691-2466 Kane Wolfe $53.34
Import - 60347 12/04/2018 408-691-4458 Mayor Intern $38.01
Import - 60348 12/04/2018 408-691-9432 Jaqui Guzman $38.01
Import - 60349 12/04/2018 408-693-7088 Adrianna Stankovich $29.94
Import - 60350 12/04/2018 408-693-9515 Carl Valdez $27.54
Import - 60351 12/04/2018 408-693-9822 Carl Valdez $38.01
Import - 60354 12/04/2018 408-761-2941 IT Stock $38.01
Import - 60355 12/04/2018 408-761-3636 Zach Korach $95.38
Import - 60356 12/04/2018 408-781-0290 Brad Alexander Street Division #1 $38.01
Import - 60357 12/04/2018 408-781-0663 Brad Alexander Street Division #2 $38.01
Import - 60358 12/04/2018 408-781-0799 Brad Alexander Street Division #3 $38.01
Import - 60359 12/04/2018 408-781-1340 Brad Alexander Street Division #4 $38.01
Import - 60360 12/04/2018 408-781-3499 Jennifer Chu $38.01
Import - 60361 12/04/2018 408-781-4139 Julia Kinst $38.01
Import - 60362 12/04/2018 408-781-4360 Paul Tognetti $38.01
Tuesday, January 15, 2019Pages: 12 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
104
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60363 12/04/2018 408-781-6411 Compost Site $0.18
Import - 60364 12/04/2018 408-781-9922 Chylene Osborne $38.01
Import - 60365 12/04/2018 408-828-5489 Grace Schmidt Ipad $38.01
Import - 60366 12/04/2018 408-841-6612 C. Internet Emergncyva $38.01
Import - 60367 12/04/2018 408-857-2355 Alex Corbalis Travel Agent $25.85
Import - 60368 12/04/2018 408-857-3211 Kim Frey $30.08
Import - 60371 12/04/2018 408-891-7964 Kirsten Squarcia $38.01
Import - 60372 12/04/2018 408-891-9008 Park Ranger Corridor $26.05
Import - 60373 12/04/2018 408-891-9503 Rachelle Sander $51.69
Import - 60374 12/04/2018 408-891-9971 Karen Goss $38.01
Import - 60375 12/04/2018 408-892-1486 Iqraam Nabi $34.00
Import - 60376 12/04/2018 408-892-5553 Albert Salvador $38.01
Import - 60378 12/04/2018 408-963-3875 Robert Kim $38.01
Import - 60379 12/04/2018 408-963-8123 I&T Loaner 2 128gb Air $25.17
Import - 60380 12/04/2018 408-963-9329 Rocio Fierro $38.01
Import - 60381 12/04/2018 408-966-0384 Cliff Mabutas MiFi $38.01
Import - 60382 12/04/2018 408-966-0471 Brian Gathers MiFi $38.01
Import - 60383 12/04/2018 650-203-4048 Aarti Shrivastava $26.32
Import - 60384 12/04/2018 408-642-0406 Karen Goss $14.29
Import - 60386 12/04/2018 650-269-5567 Araceli Alejandre $38.01
718804 01/11/2019 Open Accounts Payable WESCO RECEIVABLES CORP $73.88
Invoice Date Description Amount
272916 12/18/2018 Christy B30s12 Extension Cncrt, Packing Slip
#27285201
$73.88
718805 01/11/2019 Open Accounts Payable WESTERN SYSTEMS $892.37
Invoice Date Description Amount
0000037784 12/19/2018 18 LED 12" Red Arrow Dialight Tinted Lens (Stillman)$892.37
718806 01/11/2019 Open Accounts Payable WESTMORELAND, EVAN $1,365.00
Invoice Date Description Amount
58 12/13/2018 Office Rack Upgrade Project $240.00
59 12/19/2018 Office Rack Upgrade Project $615.00
60 01/02/2019 Office Rack Upgrade Project $510.00
718807 01/11/2019 Open Accounts Payable WILBUR-ELLIS COMPANY LLC $932.26
Invoice Date Description Amount
12336146 RH 12/04/2018 Trees&ROW: Roundup and Pendulum $932.26
718808 01/11/2019 Open Accounts Payable WORLD JOURNAL SF LLC $225.00
Invoice Date Description Amount
2532806 12/05/2018 Commissions Noticing $225.00
718809 01/11/2019 Open Accounts Payable YORK INSURANCE SERVICES
GROUP INC
$2,208.17
Invoice Date Description Amount
500018181 11/01/2018 Workers Comp. 11/01/18 - 12/30/18 $2,208.17
718810 01/11/2019 Open Accounts Payable Abracosa, Ritchie $750.00
Invoice Date Description Amount
4437 12/18/2018 Teen Center, deposit refund, 12.08.18, Permit R4437 $750.00
Tuesday, January 15, 2019Pages: 13 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
105
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718811 01/11/2019 Open Accounts Payable Bhutta, Syeda Asra $300.00
Invoice Date Description Amount
5310 12/18/2018 Social Room, deposit refund, 12.16.18, Permit R5310 $300.00
718812 01/11/2019 Open Accounts Payable Chan, Conrad $3,000.00
Invoice Date Description Amount
200881 12/21/2018 10310 Stern Ave.-Encroach Bond-200881 $3,000.00
718813 01/11/2019 Open Accounts Payable DINELLI PLUMBING INC $2,000.00
Invoice Date Description Amount
209941 12/20/2018 10845 N Wolfe Rd.-Encroach Bond-209941 $2,000.00
718814 01/11/2019 Open Accounts Payable Fox, Maria $500.00
Invoice Date Description Amount
499932 01/07/2019 Refund Check: Refunding Security Deposit for
Reception Hall
$500.00
718815 01/11/2019 Open Accounts Payable Girl Scout Troop 61379 $100.00
Invoice Date Description Amount
986 12/18/2018 Creekside Bldg. security deposit refund, 12.16.18,
Permit R986
$100.00
718816 01/11/2019 Open Accounts Payable Go, Rosie $500.00
Invoice Date Description Amount
217 12/18/2018 Cupertino Room security deposit refund, 12.12.18,
Permit R217
$500.00
718817 01/11/2019 Open Accounts Payable Gorska, Caryl $500.00
Invoice Date Description Amount
#R5322 12/20/2018 Refund rental desposit for Reception Hall on 12/16/18,
#R5322
$500.00
718818 01/11/2019 Open Accounts Payable Hairy Cutters Inc.$10,000.00
Invoice Date Description Amount
RefundB2017-2046 01/07/2019 Refund 19540 Vallco Pkwy Ste.100 B-2017-2046-TCO
Bond
$10,000.00
718819 01/11/2019 Open Accounts Payable Han, Suejane $54,250.00
Invoice Date Description Amount
217337 12/20/2018 20840 Cherryland Dr.-100% LM Bond-217337 $54,250.00
718820 01/11/2019 Open Accounts Payable Hossein Ghauomi Javinani $5,000.00
Invoice Date Description Amount
RefundB2017-1762 01/07/2019 Refund 10400 Sterling Blvd. B-2017-1762 TCO Bond $5,000.00
718821 01/11/2019 Open Accounts Payable Jerry Su $6,000.00
Invoice Date Description Amount
RefundB2016-3100 01/07/2019 Refund 20544 Blossom Lane B-2016-3100 TCO Bond $6,000.00
718822 01/11/2019 Open Accounts Payable JFC Construction $2,000.00
Invoice Date Description Amount
204661 12/21/2018 20589 Homestead Rd-Encroach Bond-204661 $2,000.00
718823 01/11/2019 Open Accounts Payable Kuo, Ching $1,000.00
Invoice Date Description Amount
207429 12/20/2018 10271 Bonny Dr.-Encroach Bond-207429 $1,000.00
Tuesday, January 15, 2019Pages: 14 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
106
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718824 01/11/2019 Open Accounts Payable Li, Jessica $108.00
Invoice Date Description Amount
2000087 12/18/2018 Refund for Cancelled Act#6558,orig. CC cancelled.$108.00
718825 01/11/2019 Open Accounts Payable Manthiri, Soundararajan $1,000.00
Invoice Date Description Amount
202339 12/20/2018 20129 Suisun Dr.-Deposit-202339 $1,000.00
718826 01/11/2019 Open Accounts Payable Morici, Anthony $1,000.00
Invoice Date Description Amount
217800 12/20/2018 20425 Stevens Creek Blvd.-Encroach Bond-217800 $1,000.00
718827 01/11/2019 Open Accounts Payable Ramseyer Orrell, Jacqueline $400.00
Invoice Date Description Amount
1130 12/08/2018 Tree Lighting Photographer 2018 $400.00
718828 01/11/2019 Open Accounts Payable Sereno Group $300.00
Invoice Date Description Amount
4453 12/18/2018 Social Room, deposit refund, 12.10.18, Permit R4453 $300.00
718829 01/11/2019 Open Accounts Payable Sorrentino, Marcella $50.00
Invoice Date Description Amount
MarcellaS010719 01/07/2019 Musical performance for December Birthday Bash
Luncheon on 12/19
$50.00
718830 01/11/2019 Open Accounts Payable Tien, George $500.00
Invoice Date Description Amount
499935 01/07/2019 Refund Check: Refunding Security Deposit for
Reception Hall
$500.00
718831 01/11/2019 Open Accounts Payable Wang, Zhe $500.00
Invoice Date Description Amount
499930 12/20/2018 Refund Check: Refunding Security Deposit for
Reception Hall
$500.00
Type Check Totals:121 Transactions $1,349,590.25
EFT
28239 01/11/2019 Open Accounts Payable Employment Development $1,513.16
Invoice Date Description Amount
01042019 01/04/2019 SDI - State Disability Insurance $1,513.16
28240 01/11/2019 Open Accounts Payable PERS-457K $5,886.21
Invoice Date Description Amount
01042019 01/04/2019 3200 - *PERS Deferred Comp*$5,886.21
28241 01/09/2019 Open Accounts Payable California Public Employees'
Retirement System
$270.78
Invoice Date Description Amount
7158-12/11/2018 12/11/2018 Replacement Benefit Contribution, RBP $270.78
28242 01/08/2019 Open Accounts Payable California Public Employees'
Retirement System
$325,957.64
Invoice Date Description Amount
7158-12/14/2018 12/14/2018 Health Premiums $325,957.64
Tuesday, January 15, 2019Pages: 15 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
107
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28243 01/11/2019 Open Accounts Payable ACENAS, ALEX $55.00
Invoice Date Description Amount
AlexA121318 12/13/2018 Cell Phone Reimbursement 11/24 - 12/13/18 $55.00
28244 01/11/2019 Open Accounts Payable ANGELA TSUI $2,014.10
Invoice Date Description Amount
12142018 12/14/2018 AngelaT12142018 $911.56
AngelaT11082018 11/08/2018 AngelaT11082018 $1,102.54
28245 01/11/2019 Open Accounts Payable CLIFF MABUTAS $41.75
Invoice Date Description Amount
CliffM121218 12/12/2018 Cell Phone Svc Reimbursement; 11.13.18-12.12.18 $41.75
28246 01/11/2019 Open Accounts Payable COLLEEN FERRIS $45.20
Invoice Date Description Amount
ColleenF121118 12/11/2018 cell phone reimbursement 11/12-12/11 $45.20
28247 01/11/2019 Open Accounts Payable Eflex Group, Inc $7,353.84
Invoice Date Description Amount
01042019 01/04/2019 4700 - *FSA Employee Health*$7,353.84
28248 01/11/2019 Open Accounts Payable ICMA Retirement Trust-457 $3,729.21
Invoice Date Description Amount
01042019 01/04/2019 3100 - *ICMA Deferred Comp*$3,729.21
28249 01/11/2019 Open Accounts Payable JEFF ORDWAY $170.75
Invoice Date Description Amount
010819 01/08/2019 Per Diem request for Event Management School $170.75
28250 01/11/2019 Open Accounts Payable KIRSTEN SQUARCIA $149.97
Invoice Date Description Amount
KirstenS121818 12/18/2018 Conference - Transportation to and from $149.97
28251 01/11/2019 Open Accounts Payable National Deferred (ROTH)$5,375.77
Invoice Date Description Amount
01042019 01/04/2019 3010 - Nationwide Roth $5,375.77
28252 01/11/2019 Open Accounts Payable National Deferred Compensatin $53,746.39
Invoice Date Description Amount
01042019 01/04/2019 3000 - *Nationwide Deferred Compensatio $53,746.39
28253 01/11/2019 Open Accounts Payable PARS/City of Cupertino $1,902.65
Invoice Date Description Amount
01042019 01/04/2019 3321 - PARS Employee *$1,902.65
28254 01/11/2019 Open Accounts Payable Raaymakers , John $55.00
Invoice Date Description Amount
JohnR101918 10/19/2018 Cell Phone Reimbursement 9/20 to 10/19/18 $55.00
Type EFT Totals:16 Transactions $408,267.42
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 121 $1,349,590.25 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 121 $1,349,590.25 $0.00
Tuesday, January 15, 2019Pages: 16 of 17user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
108
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
EFTs Status Count Transaction Amount Reconciled Amount
Open 16 $408,267.42 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 16 $408,267.42 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 137 $1,757,857.67 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 137 $1,757,857.67 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 121 $1,349,590.25 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 121 $1,349,590.25 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 16 $408,267.42 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 16 $408,267.42 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 137 $1,757,857.67 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 137 $1,757,857.67 $0.00
Tuesday, January 15, 2019Pages: 17 of 17user: Zeng Wang
Payment Register
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From Payment Date: 1/5/2019 - To Payment Date: 1/11/2019
109
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5206 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending January 18, 2019
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending January 18, 2019
Adopt Resolution No. 19-031 accepting Accounts Payable for the period ending January 18,
2019
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718832 01/18/2019 Open Accounts Payable 3M $1,434.72
Invoice Date Description Amount
9403022454 12/18/2018 Yellow DG Reflect Config $1,434.72
718833 01/18/2019 Open Accounts Payable 4 PAWS GOOSE CONTROL $1,850.00
Invoice Date Description Amount
1237 01/02/2019 Goose Control at Memorial Park for Dec 2018 $1,850.00
718834 01/18/2019 Open Accounts Payable A T & T $252.04
Invoice Date Description Amount
5558-122818 12/28/2018 960 731-7142 555 8 $252.04
718835 01/18/2019 Open Accounts Payable ABAG POWER PURCHASING POOL
(GAS)
$4,644.57
Invoice Date Description Amount
AR019058 01/01/2019 CUPACPC001 $4,644.57
718836 01/18/2019 Open Accounts Payable ABLE SEPTIC TANK SERVICE $191.00
Invoice Date Description Amount
48482 12/28/2018 Facililties - Monta Vista Plumbing $191.00
718837 01/18/2019 Open Accounts Payable ACEC-CA $217.70
Invoice Date Description Amount
200002682 01/07/2019 Publication, 2019 ACEC $217.70
718838 01/18/2019 Open Accounts Payable ACTIVE NETWORK, INC $1,400.00
Invoice Date Description Amount
1013537 12/31/2018 Insights Report Training $1,400.00
718839 01/18/2019 Open Accounts Payable ADVANTAGE GRAFIX $587.51
Invoice Date Description Amount
42770 12/21/2018 Business Cards - Willey $53.41
42759 12/20/2018 Business Cards - Scharf $53.41
42761 12/20/2018 Business Cards - Paul $53.41
42769 12/21/2018 Business Cards - Timm ICM $53.41
42715 12/12/2018 Business Cards $373.87
718840 01/18/2019 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $183.58
Invoice Date Description Amount
4984729 122918 12/29/2018 QCC-12.29.18 - GALLON WATER FOR BUILDING $183.58
718841 01/18/2019 Open Accounts Payable ALL CITY MANAGEMENT
SERVICES
$6,492.15
Invoice Date Description Amount
58658 12/27/2018 SR2S Crossing Guard Svcs 12/16/18-12/29/18 $6,492.15
718842 01/18/2019 Open Accounts Payable Alta Planning and Design $480.16
Invoice Date Description Amount
00-2017-271-9 01/08/2019 Cupertino, CA UPRR Trail Feasibility Study SVCS thru
12.28.18
$480.16
718843 01/18/2019 Open Accounts Payable ANDY BADAL $106.80
Invoice Date Description Amount
AndyB112818 11/28/2018 AndyB112818 Phone Reimburse 10/29/18 - 11/28/18 $53.40
AndyB122818 12/28/2018 AndyB 122818 Phone Reimburse 11/29/18 - 12/28/18 $53.40
Thursday, January 24, 2019Pages: 1 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
111
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718844 01/18/2019 Voided Printing Error 01/18/2019 Accounts Payable AT&T $477.97
Invoice Date Description Amount
8001-122518 12/25/2018 911 Emergency Phone Lines $41.46
1001-121818 12/18/2018 911 Emergency Phone Lines $41.46
5001-121818 12/18/2018 911 Emergency Phone Lines $41.46
6001-121818 12/18/2018 911 Emergency Phone Lines $41.46
7001-121818 12/18/2018 911 Emergency Phone Lines $41.46
6001-122118 12/21/2018 911 Emergency Phone Lines $41.46
7001-122118 12/21/2018 911 Emergency Phone Lines $41.46
8001-122118 12/21/2018 911 Emergency Phone Lines $41.46
9001-122118 12/21/2018 911 Emergency Phone Lines $41.46
0001-122118 12/21/2018 911 Emergency Phone Lines $41.46
1001-122118 12/21/2018 911 Emergency Phone Lines $41.46
12408514 01/01/2019 9391023220 12/1-12/31/18 $21.91
718845 01/18/2019 Open Accounts Payable BILL BRIDGE $60.00
Invoice Date Description Amount
BillB113018 11/30/2018 Spray License $60.00
718846 01/18/2019 Open Accounts Payable BKF ENGINEERS $907.50
Invoice Date Description Amount
19010195 01/08/2019 Stevens Creek & Phar Lap Dr. Crosswk Improv
11/26/18-12/30/18
$907.50
718847 01/18/2019 Open Accounts Payable CALIFORNIA BINGO SERVICE $454.09
Invoice Date Description Amount
78129 01/09/2019 1 Box Lrg. Bingo Shts;1 box ea. of blue,teal,red,purple
Daubers
$454.09
718848 01/18/2019 Open Accounts Payable CALIFORNIA PARKS AND
RECREATION
$165.00
Invoice Date Description Amount
1304491-122618 12/26/2018 Annual membership dues $165.00
718849 01/18/2019 Open Accounts Payable CALIFORNIA WATER SERVICE $8,870.47
Invoice Date Description Amount
12172018 12/17/2018 5926633333 10/19-11/16/18 $8,870.47
718850 01/18/2019 Open Accounts Payable COMCAST $621.67
Invoice Date Description Amount
1155-12152018 12/15/2018 8155100050381155 12/20/18-1/19/2019 $218.43
1232-12232018 12/23/2018 8155100050011232 1/01/19-1/31/19 $284.81
6411-1032019 01/03/2019 8155100050376411 1/06/18 -02/05/19 $118.43
718851 01/18/2019 Open Accounts Payable COMCAST $241.20
Invoice Date Description Amount
9917-121918 12/19/2018 8155100050719917 12/24/18-1/23/19 $241.20
718852 01/18/2019 Open Accounts Payable CPRS DISTRICT IV $354.00
Invoice Date Description Amount
02282019 01/15/2019 CPRS District 4 Annual Awards and Volunteer
Recognition Dinner
$354.00
Thursday, January 24, 2019Pages: 2 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
112
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718853 01/18/2019 Open Accounts Payable CUPERTINO SUPPLY INC $1,282.82
Invoice Date Description Amount
189250 12/26/2018 Plumbing parts for QCC $1,282.82
718854 01/18/2019 Open Accounts Payable CUSD $161.88
Invoice Date Description Amount
AT19-00028 12/27/2018 Collins school busing to 3rd grade creek ed $161.88
718855 01/18/2019 Open Accounts Payable DEPARTMENT OF JUSTICE $160.00
Invoice Date Description Amount
347585 01/04/2019 Finger print Apps $160.00
718856 01/18/2019 Open Accounts Payable DIGITAL MOUNTAIN $180.00
Invoice Date Description Amount
4435 12/31/2018 Legal Services $180.00
718857 01/18/2019 Open Accounts Payable DIRECTV $170.23
Invoice Date Description Amount
35650929842 12/26/2018 DirecTV (12/25/18 - 1/24/19)$170.23
718858 01/18/2019 Open Accounts Payable DISH NETWORK $55.84
Invoice Date Description Amount
0187-12252018 12/25/2018 DishNetwork (1/5/19 - 2/4/19)$55.84
718859 01/18/2019 Open Accounts Payable DIVISION OF THE STATE
ARCHITECT
$313.10
Invoice Date Description Amount
DSA796-1/14/19 01/14/2019 SB 1186 State Payment 10/2018-12/2018 $313.10
718860 01/18/2019 Open Accounts Payable DOGGIE WALK BAGS INC $5,150.25
Invoice Date Description Amount
0076780-IN 01/02/2019 Grounds: Doggie Walk Bags $5,150.25
718861 01/18/2019 Open Accounts Payable EOA, INC.$437.20
Invoice Date Description Amount
CT01-1118 12/20/2018 GSI Plan - initial meeting, phone call $437.20
718862 01/18/2019 Open Accounts Payable ERGO VERA $330.00
Invoice Date Description Amount
2936 11/30/2018 Ergo Eval Jindy Garfias $330.00
718863 01/18/2019 Open Accounts Payable FEI CHEN - PURE SHAOLIN KUNG
FU
$200.00
Invoice Date Description Amount
02062019 01/14/2019 1 Lion Head Dance for Feb BDB on 2-6-19 $200.00
718864 01/18/2019 Open Accounts Payable Fire Protection Management Inc $1,440.00
Invoice Date Description Amount
111104 12/21/2018 Fire Inspections at various City Locations $1,440.00
718865 01/18/2019 Open Accounts Payable FORD, PEGGY $491.12
Invoice Date Description Amount
011519 01/15/2019 Reimbursement for January B-Day Bash Program
Supplies
$491.12
Thursday, January 24, 2019Pages: 3 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
113
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718866 01/18/2019 Open Accounts Payable FOSTER BROS SECURITY
SYSTEMS INC
$115.70
Invoice Date Description Amount
305921 12/18/2018 Facilities: Key blanks $81.75
305963 12/19/2018 Cylinder- Facilities $33.95
718867 01/18/2019 Open Accounts Payable GEMPLER'S, INC.$1,140.43
Invoice Date Description Amount
SI04352343 01/03/2019 Trees&ROW: Hand Saw/Gloves $533.57
SI04352354 01/03/2019 Trees&ROW: Chain Saw/Gloves $606.86
718868 01/18/2019 Open Accounts Payable GRAINGER INC $488.24
Invoice Date Description Amount
9046959665 01/04/2019 Grounds: Batteries $226.61
9034736547 12/17/2018 Facilities: Assorted V Belts $261.63
718869 01/18/2019 Open Accounts Payable GRANICUS INC $1,260.00
Invoice Date Description Amount
90042 09/01/2017 Payment of old invoice from September 2017 $1,260.00
718870 01/18/2019 Open Accounts Payable GRANITE FINANCIAL SOLUTIONS,
INC
$15,399.05
Invoice Date Description Amount
IN45442-1 01/15/2019 Ultralight Latitude 7490s $15,399.05
718871 01/18/2019 Open Accounts Payable GWLAND ASSOCIATES $1,076.21
Invoice Date Description Amount
2018-0007 01/02/2019 McClellan Road Sidewalk Improvements-PH2 10/1-
12/31
$1,076.21
718872 01/18/2019 Open Accounts Payable Hartford Life Insurance $10,591.20
Invoice Date Description Amount
652438392820 01/14/2019 January 2019 Life and AD&D Benefit $10,591.20
718873 01/18/2019 Open Accounts Payable Hartford-Priority Accts $447.00
Invoice Date Description Amount
756340754069 01/14/2019 January 2019 $447.00
718874 01/18/2019 Open Accounts Payable Health Care Dental Trust $29,159.40
Invoice Date Description Amount
January2019 01/14/2019 January 2019 Dental Benefit $29,159.40
718875 01/18/2019 Open Accounts Payable HEIDI MERRY HENN-ECKER $525.00
Invoice Date Description Amount
HeidiF18-P3 01/07/2019 HeidiFall2018-P3 $525.00
718876 01/18/2019 Open Accounts Payable HILTI $216.91
Invoice Date Description Amount
4612875329 12/19/2018 facilities - VC Vacuum Cleaner $216.91
718877 01/18/2019 Open Accounts Payable HMH ENGINEERS INC $13,584.40
Invoice Date Description Amount
35195 12/20/2018 SO #8 Regnart Creek Trail Design/Construction
Payment 13
$12,334.40
35388 01/07/2019 10080 Randy design Services through 12/29/18 $1,250.00
Thursday, January 24, 2019Pages: 4 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
114
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718878 01/18/2019 Open Accounts Payable HNTB CORPORATION $51,637.08
Invoice Date Description Amount
1-72754-DS-001 11/21/2018 Don Burnett Bicycle Footbridge Routine Inspection $51,637.08
718879 01/18/2019 Open Accounts Payable HOME DEPOT CREDIT SERVICES $574.57
Invoice Date Description Amount
12265 12/04/2018 BRIDGE BILL $28.06
9020591 12/05/2018 STIEHR JOHN $44.18
9020662 12/05/2018 SHAWN TOGNETTI $320.43
9324671 12/05/2018 FRAUTH JASON $22.19
4325156 12/10/2018 CLIFF MABUTAS $13.94
3021347 12/11/2018 WOLFE KANE $48.87
3325262 12/11/2018 CLIFF MABUTAS $42.47
21676 12/14/2018 ALVAREZ RICARDO $54.43
718880 01/18/2019 Open Accounts Payable INTERSTATE BATTERY SYSTEM
OF SAN JOSE INC.
$774.84
Invoice Date Description Amount
10282798 01/16/2019 Batteries $774.84
718881 01/18/2019 Open Accounts Payable INTERSTATE TRAFFIC CONTROL
PRODUCTS
$2,075.75
Invoice Date Description Amount
228111 10/12/2018 Traffic cone, order #227722 $2,075.75
718882 01/18/2019 Open Accounts Payable IRON MOUNTAIN RECORDS
MGMNT
$1,653.45
Invoice Date Description Amount
AJHH935 11/30/2018 CAO Storage 12/1 - 12/31 $212.09
AKKM590 12/31/2018 City Attorney's Office Storage 1/1/19 -1/31/19 $235.65
AKHZ573 12/31/2018 City Clerk's Office Storage 1/1/19 -1/31/19 $1,205.71
718883 01/18/2019 Open Accounts Payable KIMBALL-MIDWEST $185.94
Invoice Date Description Amount
6816298 12/19/2018 Streets: Shop Towels, black Nitrate Gloves $185.94
718884 01/18/2019 Open Accounts Payable KMVT COMMUNITY TELEVISION $1,742.67
Invoice Date Description Amount
798 12/30/2018 Public Access Differential Oct, Nov, Dec 2018 $1,742.67
718885 01/18/2019 Open Accounts Payable Life Insurance Company of North
America
$12,962.56
Invoice Date Description Amount
0011-11419 01/14/2019 January 2019 CIGNA $12,962.56
718886 01/18/2019 Open Accounts Payable LOPEZ, COLLEEN $3,335.00
Invoice Date Description Amount
2018-4 12/12/2018 Housing Consultant Services 2018/11 $3,335.00
718887 01/18/2019 Open Accounts Payable LORMAN EDUCATION SERVICES $400.00
Invoice Date Description Amount
3469109-1 01/02/2019 Annual Subscription $200.00
3469488-1 01/03/2019 Annual Subscription $200.00
Thursday, January 24, 2019Pages: 5 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
115
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718888 01/18/2019 Open Accounts Payable MAHAN AND SONS INC $1,400.00
Invoice Date Description Amount
1653 01/06/2019 Varian Park Orchard- December maint $1,400.00
718889 01/18/2019 Open Accounts Payable Maletis-Massey, Lisa $46.54
Invoice Date Description Amount
LisaMM122418 12/24/2018 LisaMM122418 Phone Reimburse 11/25/18 - 12/24/18 $46.54
718890 01/18/2019 Open Accounts Payable Managed Health Network Inc $757.02
Invoice Date Description Amount
PRM-033115 01/14/2019 January 2019 EAP BENEFIT $757.02
718891 01/18/2019 Open Accounts Payable MARC LABRIE $55.00
Invoice Date Description Amount
MarcL121918 12/19/2018 Cell Phone Svc Reimbursements; 11.20.18-12.19.18 $55.00
718892 01/18/2019 Open Accounts Payable MATTHEW BENDER & COMPANY
INC
$741.70
Invoice Date Description Amount
07682212 12/18/2018 CA Contract code Updates $741.70
718893 01/18/2019 Open Accounts Payable MEIR, ERIKA $268.80
Invoice Date Description Amount
011619 01/16/2019 Yoga Foundations Instruction (11.8-1.10) 7 Students $268.80
718894 01/18/2019 Open Accounts Payable METROPOLITAN TRANS.
COMMISSION
$11,760.00
Invoice Date Description Amount
AR019147 01/03/2019 2859 Pass FY 18-19 $11,760.00
718895 01/18/2019 Open Accounts Payable MOLLY JAMES $170.75
Invoice Date Description Amount
010819 01/08/2019 Per Diem for Molly James - Event Management School $170.75
718896 01/18/2019 Open Accounts Payable MOTT MACDONALD GROUP, INC $7,486.99
Invoice Date Description Amount
401684-01 01/02/2019 Carmen Road Pedestrian/Bicycle 401684 10/2018-
11/2018
$7,486.99
718897 01/18/2019 Open Accounts Payable MOUNTAIN VIEW GARDEN
CENTER
$76.19
Invoice Date Description Amount
97540 01/15/2019 dcomp Creekside seeding $76.19
718898 01/18/2019 Open Accounts Payable NIDHI MATHUR $160.76
Invoice Date Description Amount
NidhiM081818 08/18/2018 NidhiM081818 Phone Reimburse 7/19/18 - 8/18/18 $30.33
NidhiM091818 09/18/2018 NidhiM091818 Phone Reimburse 8/19/18 - 9/18/18 $32.75
NidhiM101818 10/18/2018 NidhiM101818 Phone Reimburse 9/19/18 - 10/18/18 $32.73
NidhiM111818 11/18/2018 NidhiM111818 Phone Reimburse 10/19/18 - 11/18/18 $32.83
NidhiM121818 12/18/2018 NidhiM121818 Phone Reimburse 11/19/18 - 12/18/18 $32.12
718899 01/18/2019 Open Accounts Payable O'REILLY AUTO PARTS $188.85
Invoice Date Description Amount
2591-378319 01/07/2019 Washer $12.19
2591-377730 01/04/2019 Oil Filter $17.92
2591-378468 01/08/2019 Lift Supports $53.24
Thursday, January 24, 2019Pages: 6 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
116
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
2591-379711 01/14/2019 Trailer light & Wiper Fluid $51.74
2591-380128 01/16/2019 Oil Filter $21.71
2591-380153 01/16/2019 Oil Filters $32.05
718900 01/18/2019 Open Accounts Payable OFFICE DEPOT $1,486.85
Invoice Date Description Amount
246752068001 12/14/2018 Batteries, Tissues, Labels, Coffee Filters $99.58
246443507002 12/14/2018 Office Depot (Wall Calendar 2019)$21.57
246985193001 12/14/2018 3 Month Calendar for Front Office $22.06
246978432001 12/14/2018 Office and Kitchen Supplies $387.47
246985195001 12/14/2018 ROW: USBs and Apple Defender Case $115.49
246985194001 12/17/2018 Kitchen Supplies: Stevia $32.99
249884569001 12/21/2018 Office Supplies and Kitchen Supplies $146.99
249914957001 12/21/2018 Rulers $0.87
252353545001 12/28/2019 Trees: iPad Chargers, USB Cables $120.90
252345940001 12/31/2018 Front Office Supplies $132.25
985522581001 12/01/2017 order made 2017 - pens for qcc paid 2019 $21.79
985522580001 12/01/2017 2017 - office supplies $18.96
246086912001 12/13/2018 Planning Office Supplies - Duster $24.02
249826195001 12/21/2018 Planning Office Supplies - Screen Protector $28.47
249825729001 12/21/2018 Code Enforcement Kitchen Supplies - Coffee, Creamer $19.58
249425206001 12/20/2018 Senior Center Office Supplies $269.74
249426486001 12/20/2018 Office Supplies for Senior Center $24.12
718901 01/18/2019 Open Accounts Payable PACIFIC GAS & ELECTRIC $16,222.16
Invoice Date Description Amount
1715-12/20/18 12/20/2018 4993063171-5 11/16-12/14/2018 $16,222.16
718902 01/18/2019 Open Accounts Payable PACIFIC WEST SECURITY INC $8,496.00
Invoice Date Description Amount
14276 01/01/2019 Facilities: Franco Ct Security Jan thru Mar 2019 $339.00
14598 01/01/2019 Facilities:QCC-Fire Inspect.&Monitor., Access, &
Security, Q1'19
$963.00
14599 01/01/2019 Facilities: City Hall Elevator Security-Q1'19 $102.00
14600 01/01/2019 Facilities: Snack Shack Secuirty $129.00
14596 01/01/2019 Facilities: McClellan Ranch & Comm. Hall
Access/Fire/Security
$1,257.00
14604 01/01/2019 Facilities: MVRC Security, Fire Inspections, ESA &
Mntr, Securit
$750.00
14605 01/01/2019 Facilities: Creekside Park Security $261.00
14606 01/01/2019 Facilities: Wilson Park Security $243.00
14607 01/01/2019 Facilities: City Hall Fire Inspecitions, ESA, Security $525.00
14608 01/01/2019 Facilities: Corp Yard Security, Fire Inspect, ESA
&Monitoring
$1,071.00
14609 01/01/2019 Facilities: Sports Center Fire Inspections, Monitoring,
Security
$624.00
14584 01/01/2019 Facilities: BBF Retreat: Security $210.00
14274 01/01/2019 Facilities: BBF Cafe- Security $339.00
14240 01/01/2019 Facilities: BBFKiosk - Security $210.00
14275 01/01/2019 Facilities: City Hall: Access ESA $1,473.00
Thursday, January 24, 2019Pages: 7 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
117
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718903 01/18/2019 Open Accounts Payable PG&E $33,207.40
Invoice Date Description Amount
Import - 60393 01/02/2019 116367001 -E27H4 Wolfe and Rte 280 NB Loc A $45.05
Import - 60394 01/02/2019 116367013 -1486 S Stelling Rd, Irrigation Control $9.86
Import - 60395 01/02/2019 116367025 -De Anza and Lazaneo, Traffic Signal $62.08
Import - 60396 01/02/2019 116367026 -Behind 10343 N Wolfe, Fountain Pump
Pub Works
$44.38
Import - 60397 01/02/2019 116367035 -De Anza Blvd and Mariani, Traffic
Signal/Safety Lts
$70.27
Import - 60399 01/02/2019 116367044 - 10555 Mary Ave NEM $35.54
Import - 60400 01/02/2019 116367045 -De Anza Blvd and Hwy 280 S/Ramp,
Traffic Signal
$67.16
Import - 60401 01/02/2019 116367050 -NW Corner Stevens Crk, Traffic Signals $70.27
Import - 60402 01/02/2019 116367055 -Saich Wy and Stevens Crk NE Corner,
Traffic Signal
$52.10
Import - 60403 01/02/2019 116367060 -E37R0 Stevens Creek and De Anza Blvd,
Traffic Signal
$87.68
Import - 60404 01/02/2019 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler
Control
$10.25
Import - 60405 01/02/2019 116367067 -Stonydale Dr and Varian Park, walkway
lighting and Ir
$91.29
Import - 60406 01/02/2019 116367070 -Stevens Creek and Blaney Ave., Traffic
Signal
$77.32
Import - 60407 01/02/2019 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $20.24
Import - 60408 01/02/2019 116367075 -Vallco Pkwy and Perimeter Rd., Traffic
Signals
$55.22
Import - 60410 01/02/2019 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $81.63
Import - 60411 01/02/2019 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic
Signal
$71.65
Import - 60412 01/02/2019 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $66.56
Import - 60413 01/02/2019 116367110 -SW Cor Stevens Crk and Portal, Traffic
Signal
$65.99
Import - 60414 01/02/2019 116367113 -Miller E/S 100N off Calle De Barcelona $54.70
Import - 60415 01/02/2019 116367115 -Stevens Crk and Perimeter Rd, Traffic
Control Signal
$66.78
Import - 60416 01/02/2019 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $79.09
Import - 60417 01/02/2019 116367125 -Stevens Crk and Tantau, Traffic Signals $66.81
Import - 60418 01/02/2019 116367130 -NW Corner Steven Crk and Torre, Traffic
Signal
$62.45
Import - 60419 01/02/2019 116367145 -10300 Torre Ave, City Hall $5,829.11
Import - 60420 01/02/2019 116367150 -Homestead and Wolfe Road, Sunnyvale $75.15
Import - 60421 01/02/2019 116367154 -22601 Voss Ave $767.87
Import - 60422 01/02/2019 116367155 -Homestead and Blaney, Cupertino Traffic
Signal, Sunny
$41.27
Import - 60423 01/02/2019 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control
and Traffic S
$73.19
Import - 60424 01/02/2019 116367170 -Tantau Ave and Tandem D/W, Traffic
Signal
$65.18
Import - 60425 01/02/2019 116367171 -10155 Barbara Ln, Irrigation and
Scoreboard
$14.56
Thursday, January 24, 2019Pages: 8 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
118
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60426 01/02/2019 116367175 -S/E Corner Pruneridge and Tantau,
Traffic Controller
$63.45
Import - 60427 01/02/2019 116367180 -Finch and Stevens Creek, Traffic Signals $62.66
Import - 60430 01/02/2019 116367185 -Wolfe Rd 500 Ft S/O Homestead,
City/Sign Lighting
$24.45
Import - 60431 01/02/2019 116367195 -Corner Miller and Phil Ln, Traffic Signal $50.98
Import - 60432 01/02/2019 116367200 -Homestead and De Anza Blvd, Traffic
Signal/Dept Pub W
$66.56
Import - 60433 01/02/2019 116367205 -Homestead Rd and Franco Ct, Traffic
Signals
$41.79
Import - 60434 01/02/2019 116367215 -N/Ramp De Anza Blvd, Traffic Signal $53.33
Import - 60435 01/02/2019 116367220 -Homestead Rd and Bluejay Rd, Traffic
Signals
$51.36
Import - 60436 01/02/2019 116367225 -WS Portal Btw Amhurst-Wheaton , Portal
Prk Ltg, Prk L
$111.88
Import - 60437 01/02/2019 116367236 -Stelling Rd Median 450' S/O Stevens Crk,
Landscape Ir
$11.06
Import - 60438 01/02/2019 116367245 -Stevens Creek Blvd and Janice Ave,
Sprinkler Control
$14.31
Import - 60439 01/02/2019 116367255 -Lucille and Villa De Anza, Sprinkler
Control
$200.07
Import - 60440 01/02/2019 116367269 -Cor/Lucille and Randy Ln, Sprinkler
System
$10.99
Import - 60441 01/02/2019 116367274 -1170 Yorkshire Dr.$10.05
Import - 60442 01/02/2019 116367275 -Homestead and Tantau, Cupertino Traffic
Signal, Sunny
$77.76
Import - 60443 01/02/2019 116367280 -Stevens Creek Blvd and Fwy 85 East
Ramp, Traffic Sign
$66.95
Import - 60444 01/02/2019 116367285 -21111 Stevens Creek Blvd, Sports Center $5,221.74
Import - 60445 01/02/2019 116367285 -21111 Stevens Creek Blvd, Teen Center $375.00
Import - 60446 01/02/2019 116367290 -Stevens Creek and Mary Ave, Traffic
Signals
$64.03
Import - 60450 01/02/2019 116367325 -21975 San Fernando Ave, Picnic Area $1,929.94
Import - 60451 01/02/2019 116367332 -821 Bubb Rd #B/Building Concession $106.17
Import - 60453 01/02/2019 116367343 -Foothill Blvd 150' N/O Alpine E/S,
Irrigation Control
$13.30
Import - 60454 01/02/2019 116367357 -N De Anza 188 FT N/Valley Green Dr,
Irrig Controller
$25.95
Import - 60455 01/02/2019 116367359 -Homestead and Heron, traffic control svc $55.46
Import - 60456 01/02/2019 116367360 -10300 Aninworth Dr, Ball Park Stevens
Creek SV
$10.06
Import - 60457 01/02/2019 116367370 -Stevens Creek Blvd and Fwy 85 West
Ramp, Traffic Sign
$9.86
Import - 60458 01/02/2019 116367375 -10710 Stokes Ave, Somerset Park $31.93
Import - 60459 01/02/2019 116367380 -NE Corner Peninsula and Stevens Creek,
Traffic Signal
$64.22
Import - 60460 01/02/2019 116367385 -End/Stokes W/Wilson Crt, Sprinkler
Control
$11.07
Import - 60461 01/02/2019 116367395 -N/E corner Foothill and Starling Dr, Traffic
Signals
$48.76
Import - 60462 01/02/2019 116367401 -Miller W/S N of Greenwood $12.45
Thursday, January 24, 2019Pages: 9 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
119
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60463 01/02/2019 116367408 -Stevens Creek Bl and Mary Avenue,
Memorial Park Pump
$48.49
Import - 60466 01/02/2019 116367437 -10455 Miller Ave, Creekside Park $453.32
Import - 60468 01/02/2019 116367447 -Stelling Rd Median 500' S/O Peppertree
Ln, Landscape
$11.41
Import - 60469 01/02/2019 116367449 -10350 Torre Ave, Community Hall $1,984.35
Import - 60470 01/02/2019 116367455 -E37R9 Rodriguez and De Anza Blvd,
Traffic Signal
$67.36
Import - 60471 01/02/2019 116367465 -De Anza Blvd and Scofield Dr, Sprinkler
Controller
$10.87
Import - 60473 01/02/2019 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $14.13
Import - 60474 01/02/2019 116367475 -Foothill and Stevens Creek, Traffic Signal $58.55
Import - 60475 01/02/2019 116367476 -Salem Ave and Foothill Blvd, Irrigation
Control
$9.86
Import - 60476 01/02/2019 116367477 -21121 Stevens Creek Blvd, Memorial Park $1,390.63
Import - 60477 01/02/2019 116367484 -20220 Suisun Dr, Parks and Rec Free
Standing Panel
$13.89
Import - 60478 01/02/2019 116367493 -Dumas Dr/Jollyman Park, Jollyman Park
Restroom
$212.03
Import - 60479 01/02/2019 116367505 -Stevens Crk and Stelling, Signal $42.12
Import - 60480 01/02/2019 116367510 -Bubb Rd and Results Wy, Traffic Signal $46.03
Import - 60481 01/02/2019 116367515 -Bubb Rd and McClellan Intersection,
Traffic Signal
$66.76
Import - 60482 01/02/2019 116367520 -Stelling Rd and Peppertree, Traffic Signal $46.43
Import - 60483 01/02/2019 116367525 -Stelling and McClellan, Signals $58.75
Import - 60484 01/02/2019 116367527 -Foothill Blvd 200' N/O Stevens Creek
W/S, Irrigation
$9.88
Import - 60485 01/02/2019 116367530 -Orange Ave and Stevens Creek N/E
corner, Traffic Cont
$42.31
Import - 60486 01/02/2019 116367536 -Senior Center $2,643.37
Import - 60487 01/02/2019 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $60.49
Import - 60488 01/02/2019 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85,
Traffic Signal
$51.50
Import - 60489 01/02/2019 116367559 -21011 Prospect Rd, Irrigation Control $9.86
Import - 60490 01/02/2019 116367560 -S/E corner De Anza and Pacifica, Traffic
Signal
$64.62
Import - 60491 01/02/2019 116367568 -CORP YARD NEM $20.18
Import - 60492 01/02/2019 116367570 -De Anza Blvd, Sprinkler Controller *$10.87
Import - 60493 01/02/2019 116367585 -Rainbow and Stelling, Traffic Signal $58.75
Import - 60494 01/02/2019 116367587 -10430 S De Anza Blvd, Holiday Lighting $22.78
Import - 60495 01/02/2019 116367590 -Saratoga Sunnyvale Rd and Hwy 85,
Traffic Signal
$54.22
Import - 60496 01/02/2019 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $62.39
Import - 60497 01/02/2019 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic
Signal
$60.83
Import - 60498 01/02/2019 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic
Signal
$61.80
Import - 60499 01/02/2019 116367620 -S De Anza Blvd and Sharon Dr , Irrigation
Controller
$14.71
Import - 60500 01/02/2019 116367625 -Stevens Creek Blvd Orange S/W Cor,
Irrigation Control
$9.86
Thursday, January 24, 2019Pages: 10 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
120
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60501 01/02/2019 116367628 -N/W corner Alpine Dr and Foothill Blvd,
Irrigation Co
$9.86
Import - 60502 01/02/2019 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $175.34
Import - 60503 01/02/2019 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation
Control
$131.63
Import - 60504 01/02/2019 116367656 -Scofield and De Anza, 100HP $11.16
Import - 60505 01/02/2019 116367677 -De Anza and Lazaneo, Sprinkler System $9.95
Import - 60506 01/02/2019 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler
Control
$77.53
Import - 60507 01/02/2019 116367740 -Carmen Rd and Stevens Creek S/E
corner, Irrigation Co
$9.86
Import - 60509 01/02/2019 116367763 -10630 S De Anza Blvd, Holiday Lighting $24.80
Import - 60510 01/02/2019 116367782 -N/S Stevens Creek Blvd in front of 20301,
Irrigation
$9.86
Import - 60511 01/02/2019 116367793 -101 Skyport Dr, DG A, San Jose,
PGandE-Owned St/Highw
$832.04
Import - 60512 01/02/2019 116367815 -19784 Wintergreen Dr $382.38
Import - 60514 01/02/2019 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler
Control
$9.95
Import - 60515 01/02/2019 116367840 -community ctr -NEW $5,075.54
Import - 60516 01/02/2019 116367902 -10246 Parkside Ln, Wilson Pk
Sprinklers,Snack Shack,I
$165.55
Import - 60517 01/02/2019 116367907 -S/W Corner Stelling and Green leaf,
Traffic Signal
$65.27
Import - 60518 01/02/2019 116367910 -Foothill Blvd 100' N/O Starling E/S,
Irrigation Contr
$9.86
Import - 60519 01/02/2019 116367925 -22601 Voss Ave, Outdoor Lighting-MV
Park
$15.62
Import - 60520 01/02/2019 116367941 -7548 Donegal Dr, Irrigation Control
/Hoover Park
$9.86
Import - 60522 01/02/2019 116367988 -21710 McClellan Rd, Playground
Reception Area
$9.86
6480-1022018 01/02/2019 5587684648-0 11/27 - 12/25/18 $825.09
0719-12272018 12/27/2018 9223068071-9 11/20-12/19/18 $4.55
0349-122718 12/27/2018 3042033034-9 11/20/18-12/09/18 $172.46
5875-122018 12/20/2018 2012160587-5 11/20-12/19/18 $128.33
4212-122818 12/28/2018 3535370421-2 11/21-12/20/18 $59.26
9785-123118 12/31/2018 2016881978-5 11/20-12/19/18 $10.10
718904 01/18/2019 Open Accounts Payable PINE CONE LUMBER $48.81
Invoice Date Description Amount
793037 01/08/2019 Grounds: 5 LB Red DSV Screws $48.81
718905 01/18/2019 Open Accounts Payable POWERSYSTEMS $4,759.54
Invoice Date Description Amount
8379967 06/26/2018 weight rack for fitness room $4,759.54
718906 01/18/2019 Open Accounts Payable Ralph Andersen & Associates $10,500.00
Invoice Date Description Amount
INV-01540 11/15/2018 CM Recruitment $10,500.00
Thursday, January 24, 2019Pages: 11 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
121
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718907 01/18/2019 Open Accounts Payable ROCIO FIERRO $1,078.10
Invoice Date Description Amount
9e6ce5f700 10/19/2018 Reimbursement, Environmental Law Conference $610.00
10302018 10/30/2018 Conference Lodging, 10.18.18-10.20.18 $468.10
718908 01/18/2019 Open Accounts Payable RONALD D OLDS $980.50
Invoice Date Description Amount
5242 01/13/2019 Engineering Podium Back Stop; AV Rack; Conf. Room
A; Podium IO)
$980.50
718909 01/18/2019 Open Accounts Payable ROYAL COACH TOURS $5,558.93
Invoice Date Description Amount
15156 01/15/2019 01/27/2019 Volta Cirque Du Soliel $1,006.08
16335 01/15/2019 02/05/2019 Grand Theater and Alviso Adobe $1,083.00
15608 01/15/2019 02/12/19 Dinner at the Spinnaker $959.85
15609 01/15/2019 02/22/19 Pacific Orchid Expo $1,228.60
15130 01/15/2019 2/28/2019 Monet and Gaugin $1,281.40
718910 01/18/2019 Open Accounts Payable SAN JOSE MERCURY NEWS $218.34
Invoice Date Description Amount
1435665-12.17.18 12/17/2018 QCC - 12.17.18 - NEWS PAPER FOR LOBBY $218.34
718911 01/18/2019 Open Accounts Payable SAN JOSE WATER COMPANY $28,979.55
Invoice Date Description Amount
Import - 60526 01/03/2019 0067500000-4 - Oro Grande PL LS $180.40
Import - 60527 12/27/2018 0068410000-1 - 22221 McClellan 8302 $461.55
Import - 60528 12/27/2018 0134100000-6 - 8303 Memorial Park $532.38
Import - 60531 12/27/2018 0345710000-0 - Alderbrook Ln.FS $77.86
Import - 60532 12/26/2018 0573900000-7 - 22120 Stevens Creek Blvd $50.38
Import - 60533 12/27/2018 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$138.44
Import - 60534 01/03/2019 0879200000-5 - Stelling Rd. LS $495.16
Import - 60535 12/27/2018 1198300000-8 - 21979 San Fernando Ave. 6620 $189.18
Import - 60536 12/27/2018 1250520000-1 - 6620 Blackberry/Snack $227.30
Import - 60537 12/27/2018 1332100000-5 - Hyde Avenue $391.21
Import - 60538 12/27/2018 1393820000-6 - Irrig SC/Stelling LS (Stev Crk Blvd)$90.16
Import - 60539 12/27/2018 1444810000-9 - Hyannisport Dr. LS $625.93
Import - 60541 01/04/2019 1670900000-0 - Stelling Rd. LS $276.88
Import - 60542 01/03/2019 1731610000-1 - De Anza Blvd.S.$466.44
Import - 60543 12/27/2018 1735700000-3 - 8303 Memorial Park Restroom $151.04
Import - 60544 12/27/2018 1787904559-3 - 22221 McClellan 8302 $86.64
Import - 60545 12/27/2018 1832500000-0 - Ruppell PL LS $282.04
Import - 60546 12/27/2018 1836700000-9 - 8322 Mary Mini Park $167.39
Import - 60547 12/27/2018 1987700000-0 - Alderbrook Ln LS $694.86
Import - 60548 12/27/2018 2228610000-7 - 21111 Stevens Crk LS $319.92
Import - 60549 12/27/2018 2243500000-9 - 10300 Ainsworth Dr.LS $652.22
Import - 60550 12/27/2018 2286120000-8 - 21251 Stevens Creek Blvd $48.84
Import - 60551 12/27/2018 2288800000-1 - 8306 Somerset Park $183.74
Import - 60553 12/27/2018 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$77.86
Import - 60554 12/27/2018 2892070144-9 - 22221 McClellan 8320 $97.69
Import - 60555 12/27/2018 2958510000-0 - 10555 Mary Ave.$90.16
Import - 60556 12/27/2018 2974010000-2 - 21251 Stevens Creek Blvd $477.90
Import - 60557 12/27/2018 2984810000-3 - 8504 Alves and Stelling $265.45
Import - 60558 01/04/2019 3156700000-0 - Prospect Rd.LS $186.12
Thursday, January 24, 2019Pages: 12 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
122
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60559 12/27/2018 3207400000-4 - 21710 McClellan 8312 $543.26
Import - 60560 12/27/2018 3296700000-4 - Irrig SC/Stelling LS (Stev Crk Blvd)$101.07
Import - 60562 12/27/2018 3430520000-4 - 21111 Stev. Crk Blvd Teen Ctr $33.00
Import - 60563 12/27/2018 3530520000-4 - 21111 Stev.Crk Blvd 8510 $292.36
Import - 60564 12/27/2018 3612707315-7 - Stocklmeir Ct $842.87
Import - 60565 12/27/2018 3673220000-5 - Stev.Crk/Cupertino Rd.$101.07
Import - 60566 12/26/2018 3688120000-4 - Mary Ave Footbridge $82.36
Import - 60568 12/27/2018 3746710000-6 - 21111 Stev.Crk BL FS $73.28
Import - 60569 12/27/2018 3841010000-2 - 8507 Monta Vista Park $172.84
Import - 60570 12/27/2018 3856110000-9 - 8322 Stella Estates $41.18
Import - 60571 12/27/2018 3857710000-1 - 8322 Foothill/Cupertino Rd $239.19
Import - 60572 12/26/2018 3872100000-8 - Park Canyon Oak Wy $162.48
Import - 60573 12/27/2018 3900520000-9 - 10300 Torre Ave $390.35
Import - 60574 12/27/2018 4012210000-7 - 22601 Voss Av 8304 $780.69
Import - 60575 12/27/2018 4103020000-4 - 6620 Blackberry/Snack $183.74
Import - 60576 12/27/2018 4227520000-6 - 8303 Memorial Park $358.03
Import - 60577 01/03/2019 4242600000-8 - Irrigation-Median (Bollinger Rd)$88.50
Import - 60578 01/04/2019 4676110000-0 - Rainbow Dr.LS $168.89
Import - 60579 12/26/2018 5022148584-5 - 10301 Byrne Ave $75.34
Import - 60580 12/28/2018 5122900000-8 - Portable Meter $241.41
Import - 60581 12/27/2018 5237400000-9 - Dumas Dr, LS $1,683.06
Import - 60584 01/03/2019 5461910000-8 - De Anza Blvd.S.$380.25
Import - 60587 12/27/2018 5778910000-5 - 8504 Quinlan Ln.FS $48.84
Import - 60588 12/27/2018 5835000000-4 - 8322 Stelling/Alves $108.45
Import - 60590 12/27/2018 5948100000-4 - Emerg Irrig/Golf $799.13
Import - 60591 12/27/2018 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$281.20
Import - 60592 12/27/2018 5997110000-9 - 7555 Barnhart Pl $706.35
Import - 60593 12/27/2018 6292600000-1 - 10800 Torre Ave LS $453.56
Import - 60594 12/27/2018 6296810000-8 - 8322 Stev.Crk Bl median $111.95
Import - 60595 12/27/2018 6405210000-1 - 8506 McClellan Ranch $68.39
Import - 60596 12/27/2018 6578520000-0 - 8322 Foothill/Alpine LS $81.24
Import - 60597 12/27/2018 6730700000-9 - 21975 San Fernando Av $57.47
Import - 60598 01/04/2019 6756510000-4 - Yorkshire Dr.LS $4,809.89
Import - 60599 12/27/2018 6788620000-4 - 10555 Mary Ave. 8503 $172.84
Import - 60600 12/26/2018 6875120000-4 - 21979 San Fernando Av $107.32
Import - 60601 12/27/2018 6907100000-9 - Alderbrook Ln $127.25
Import - 60602 12/27/2018 6935200000-9 - 8303 Memorial Park $330.81
Import - 60603 12/27/2018 6973320000-5 - 8301 Linda Vista PK1 $156.50
Import - 60604 12/27/2018 7036000000-7 - 85 Stev.Crk/Mary LS $86.64
Import - 60606 12/27/2018 7054200000-8 - 8322 Phar Lap LS $68.74
Import - 60607 12/26/2018 7112900000-7 - Oak Valley Rd $82.36
Import - 60608 12/27/2018 7495200000-3 - 10300 Torre Ave FS $77.86
Import - 60609 12/26/2018 7523510000-7 - Oak Valley Road LS $142.25
Import - 60610 12/27/2018 7630410000-1 - Salem Av.LS $397.18
Import - 60612 01/04/2019 7808300000-6 - Irrigation-Median (Westlynn Wy)$174.65
Import - 60614 12/27/2018 8006810000-9 - 10450 Mann Dr $25.19
Import - 60615 12/27/2018 8065700000-8 - Peninsula and Fitzgerald Is $36.04
Import - 60617 12/27/2018 8270010000-9 - Janice Ave.LS $210.97
Import - 60618 12/27/2018 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $73.82
Import - 60619 12/27/2018 8427420000-9 - 8322 Foothill/Vista Knoll $642.28
Thursday, January 24, 2019Pages: 13 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
123
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 60620 12/27/2018 8549600000-2 - Bubb Rd.LS $666.13
Import - 60621 12/27/2018 8605220000-2 - Stev.Crk/Orange LS $41.18
Import - 60622 12/27/2018 8647520000-1 - 10555 Mary Ave/Corp Yard FS $122.12
Import - 60623 12/27/2018 8755010000-9 - 10455 Miller Ave/Creekside $258.25
Import - 60624 12/27/2018 8879620000-9 - 8504 Christensen Dr $200.06
Import - 60625 12/27/2018 8886800000-6 - 8301 Linda Vista PK2 $129.29
Import - 60626 12/26/2018 9118810000-1 - 21121 Stevens Ck Bl Ls $211.46
Import - 60628 12/27/2018 9377600000-7 - 8307 Varian Park $314.47
Import - 60630 01/04/2019 9511610000-9 - Donegal Dr.$54.33
Import - 60631 12/26/2018 9584020000-0 - Byrne Ave - Irrigation $823.18
Import - 60633 01/03/2019 9705420000-7 - 10300 Torre Avenue Ls $500.91
Import - 60634 12/27/2018 9785210000-3 - 8322 Stev.Crk BL median $41.18
Import - 60635 12/27/2018 9824500000-9 - 8322 Irrig SC/Stelling $157.46
718912 01/18/2019 Open Accounts Payable SANTA CLARA CNTY
CLERK/RECORDER
$150.00
Invoice Date Description Amount
SP-2018-04 01/15/2019 Exempt Filing $50.00
EXC-2018-06 01/15/2019 Exempt Filing $50.00
TR-2018-50 01/15/2019 Exempt Filing $50.00
718913 01/18/2019 Open Accounts Payable SANTA CLARA CTY SHERIFF
(FINGERPR.)
$70.00
Invoice Date Description Amount
1800065829 12/24/2018 Live Scan Services- November2018 $70.00
718914 01/18/2019 Open Accounts Payable SCCCMA $400.00
Invoice Date Description Amount
12202018 12/20/2018 2019 Membership Dues $400.00
718915 01/18/2019 Open Accounts Payable SHERRILL, INC $739.00
Invoice Date Description Amount
INV-443168 01/10/2019 Street Trees: Cobra 2 ton $739.00
718916 01/18/2019 Open Accounts Payable SIGNAWEST SYSTEMS $290.00
Invoice Date Description Amount
6026 12/17/2018 Facililties - Alarm Service Call $290.00
718917 01/18/2019 Open Accounts Payable SMITH'S FAMILY OF COMPANIES,
INC
$710.00
Invoice Date Description Amount
52078 01/15/2019 Pest Control Linda Vista Park - Jan 2019 $175.00
52075 01/15/2019 Pest Control 3 Oaks Park - Jan 2019 $185.00
52068 01/15/2019 Pest Control Hoover Park - Jan 2019 $200.00
52062 01/15/2019 Pest Control Gardengate Elementary -Jan 2019 $150.00
718918 01/18/2019 Open Accounts Payable SoftwareONE Inc.$52,941.88
Invoice Date Description Amount
US-PSI-750239 01/07/2019 Microsoft Office EA $52,941.88
718919 01/18/2019 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $193.78
Invoice Date Description Amount
3399603405 12/19/2018 Kitchen Supplies - Coffemate Creamer $73.74
3400137976 12/27/2018 Building Furniture - Armless Chair for Phuong $56.79
Thursday, January 24, 2019Pages: 14 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
124
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3397670221 11/30/2018 Planning Office Supplies - Pilot Pens,Letter Tray, Advil
Tablets
$63.25
718920 01/18/2019 Open Accounts Payable STATE BAR OF CALIFORNIA $525.00
Invoice Date Description Amount
0139565 12/03/2018 Membership dues $525.00
718921 01/18/2019 Open Accounts Payable SUE AND KATHY LINE DANCE $571.20
Invoice Date Description Amount
011419 01/14/2019 Line Dance Beginning (11.22-1.10) 14 Students $571.20
718922 01/18/2019 Open Accounts Payable SUNNYVALE FORD $977.70
Invoice Date Description Amount
FOCS789518 01/07/2019 Housing & Bolt; Labor $703.30
140114 01/15/2019 Tube $85.13
140154 01/16/2019 Element (Air Filters)$189.27
718923 01/18/2019 Open Accounts Payable SUPPLYWORKS $384.38
Invoice Date Description Amount
471161927 01/02/2019 Facilities - JTR Towel roll $384.38
718924 01/18/2019 Open Accounts Payable SUTTER EAP $1,260.00
Invoice Date Description Amount
SutterEAP100118 10/01/2018 EAP ANNUAL SAP INVOICE $1,260.00
718925 01/18/2019 Open Accounts Payable SYAR INDUSTRIES. INC.$1,098.72
Invoice Date Description Amount
718649 01/08/2019 Cold Patch EZ Street Pallet $1,098.72
718926 01/18/2019 Open Accounts Payable TERRYBERRY COMPANY LLC $324.04
Invoice Date Description Amount
F37101 10/11/2018 Employee Service Awards $114.00
F39174 10/18/2018 JOHN RAMO Employee Recognition Award $117.41
F42592 10/29/2018 IKA PAULI Employee Recognition $92.63
718927 01/18/2019 Open Accounts Payable The Consulting Team LLC $3,023.11
Invoice Date Description Amount
895 01/04/2019 Coaching- CM $3,023.11
718928 01/18/2019 Open Accounts Payable THOMSON REUTERS - WEST $919.77
Invoice Date Description Amount
839529830 01/01/2019 Subscription 12.01.18-12.31.18 $919.77
718929 01/18/2019 Open Accounts Payable TIREHUB, LLC $2,142.66
Invoice Date Description Amount
6104609 01/11/2019 Tires for Fleet $1,785.28
6161893 01/14/2019 Tires for Fleet $119.12
6162003 01/14/2019 Tires $238.26
718930 01/18/2019 Open Accounts Payable Tripepi, Smith and Associates, Inc $425.00
Invoice Date Description Amount
3733 11/30/2018 BAAG Chinese $425.00
718931 01/18/2019 Open Accounts Payable TYLER TECHNOLOGIES $662.42
Invoice Date Description Amount
25997 12/13/2018 Self Seal Envelope $460.00
25805 12/12/2018 Blank Form 1095 with 1095B and 1095C $202.42
Thursday, January 24, 2019Pages: 15 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
125
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718932 01/18/2019 Open Accounts Payable U S POSTMASTER $225.00
Invoice Date Description Amount
12202018 12/20/2018 Fee Renewal - Postage Meter $225.00
718933 01/18/2019 Open Accounts Payable VASANTHI BHAT $359.60
Invoice Date Description Amount
011419 01/14/2019 Hatha Yoga Instruction (11.8-1.10) 8 Students + 11
Flex
$359.60
718934 01/18/2019 Open Accounts Payable Vision Service Plan (CA)$344.88
Invoice Date Description Amount
Vision11419Glas 01/14/2019 January 2019 Vision Benefit Glasses $344.88
718935 01/18/2019 Open Accounts Payable Vision Service Plan (CA)$3,113.81
Invoice Date Description Amount
Vision11419 01/14/2019 January 2019 Vision Benefit $3,113.81
718936 01/18/2019 Open Accounts Payable WATERSAVERS IRRIGATION, INC.$791.36
Invoice Date Description Amount
2067324-00 12/10/2018 Trees&ROW: Pine Tree Stakes $791.36
718937 01/18/2019 Open Accounts Payable WESCO RECEIVABLES CORP $354.16
Invoice Date Description Amount
239272 11/06/2018 Traffic Signal Supplies Packing #23910301 $354.16
718938 01/18/2019 Open Accounts Payable WEST-LITE SUPPLY CO INC $1,267.20
Invoice Date Description Amount
73819H 12/17/2018 Haz Mat: Recycling Lamp-batteries $1,267.20
718939 01/18/2019 Open Accounts Payable WOWzy Creation Corp $29.49
Invoice Date Description Amount
91894 12/27/2018 Name Plate - Holly Kimura $29.49
718940 01/18/2019 Open Accounts Payable YORK INSURANCE SERVICES
GROUP INC
$2,208.17
Invoice Date Description Amount
500018370 01/01/2019 Workers Comp. Claims 01/01/19 - 01/31/19 $2,208.17
718941 01/18/2019 Open Accounts Payable Audrey Cui $750.00
Invoice Date Description Amount
01102019 01/15/2019 Emerging Artist first place winner $750.00
718942 01/18/2019 Open Accounts Payable DAVID RUEDGER $144.00
Invoice Date Description Amount
7897 01/17/2019 IMAGIMOTION Inv#7897 Refund $144.00
718943 01/18/2019 Open Accounts Payable Gundu, Veerabhadra, Rao $500.00
Invoice Date Description Amount
3461 12/18/2018 Cupertino Rm, Deposit Refund for 12.09.18, permit
#3461
$500.00
718944 01/18/2019 Open Accounts Payable Ip, Anson $8,000.00
Invoice Date Description Amount
213558 12/20/2018 10630 Johansen Dr.-Encroach Bond-213558 $8,000.00
Thursday, January 24, 2019Pages: 16 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
126
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718945 01/18/2019 Open Accounts Payable Jensen, Ruth $46.00
Invoice Date Description Amount
499928 12/14/2018 Refund Check refunding due to Ruth withdrew from
Trip on 12/4/18
$46.00
718946 01/18/2019 Open Accounts Payable Jonathan Tang $100.00
Invoice Date Description Amount
01102019 01/15/2019 Young Artist first place winner ±elementary school $100.00
718947 01/18/2019 Open Accounts Payable Robert Sabich $95.00
Invoice Date Description Amount
RobertS011519 01/14/2019 ICC Certification Renewal $95.00
718948 01/18/2019 Open Accounts Payable Shiva Ravinutala $100.00
Invoice Date Description Amount
01102019 01/15/2019 Young Artist first place winner ±middle school $100.00
718949 01/18/2019 Open Accounts Payable YUKAKO MATSUNAGA $258.00
Invoice Date Description Amount
7907 01/17/2019 MURASAKI Inv#7907 Refund $258.00
718950 01/18/2019 Open Accounts Payable AT&T $456.06
Invoice Date Description Amount
8001-122518 12/25/2018 911 Emergency Phone Lines $41.46
1001-121818 12/18/2018 911 Emergency Phone Lines $41.46
5001-121818 12/18/2018 911 Emergency Phone Lines $41.46
6001-121818 12/18/2018 911 Emergency Phone Lines $41.46
7001-121818 12/18/2018 911 Emergency Phone Lines $41.46
6001-122118 12/21/2018 911 Emergency Phone Lines $41.46
7001-122118 12/21/2018 911 Emergency Phone Lines $41.46
8001-122118 12/21/2018 911 Emergency Phone Lines $41.46
9001-122118 12/21/2018 911 Emergency Phone Lines $41.46
0001-122118 12/21/2018 911 Emergency Phone Lines $41.46
1001-122118 12/21/2018 911 Emergency Phone Lines $41.46
718951 01/18/2019 Open Accounts Payable AT&T $21.91
Invoice Date Description Amount
12408514 01/01/2019 9391023220 12/1-12/31/18 $21.91
Type Check Totals:120 Transactions $411,332.05
EFT
28255 01/14/2019 Open Accounts Payable EMPLOYMENT DEVEL DEPT $32,424.76
Invoice Date Description Amount
01042019 01/09/2019 CA - CA State Tax pp 12/22/18-1/4/19 $32,424.76
28256 01/14/2019 Open Accounts Payable IRS $109,675.34
Invoice Date Description Amount
01042019 01/09/2019 FED - Federal Tax pp 12/22/18-1/4/19 $109,675.34
28257 01/16/2019 Open Accounts Payable P E R S $353,149.27
Invoice Date Description Amount
01042019 01/14/2019 CalPERS 12/22/18-1/4/19 $353,149.27
Thursday, January 24, 2019Pages: 17 of 19user: Zeng Wang
Payment Register
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From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
127
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28258 01/17/2019 Open Accounts Payable California Public Employees'
Retirement System
$1,415.04
Invoice Date Description Amount
7158-12192018 12/19/2018 Replacement Benefit Contribution, RBP $1,415.04
28259 01/18/2019 Open Accounts Payable CP6CPC, LLC $6,135.06
Invoice Date Description Amount
January 2019 01/05/2019 Rent, 2019 Bldg operating expenses and Property Tax
Estimate
$154.99
02012019 02/01/2019 Rent February 2019 $5,980.07
28260 01/18/2019 Open Accounts Payable GOLDFARB & LIPMAN $10,557.00
Invoice Date Description Amount
129276 12/17/2018 Legal Services $9,829.00
129582 12/31/2018 Legal Services $728.00
28261 01/18/2019 Open Accounts Payable GRACE SCHMIDT $55.00
Invoice Date Description Amount
GraceS010419 01/04/2019 Cell Reimbursement 12/5/18-1/4/19 $55.00
28262 01/18/2019 Open Accounts Payable GULU SAKHRANI $55.00
Invoice Date Description Amount
01112019 01/11/2019 Cell Phone Charges $55.00
28263 01/18/2019 Open Accounts Payable JASON FAUTH $55.00
Invoice Date Description Amount
JasonF121918 12/19/2018 Cell Phone Svc Reimbursement; 11.20.18-12.19.18 $55.00
28264 01/18/2019 Open Accounts Payable LAW OFFICES OF BURKE,
WILLIAMS & SORENSEN
$1,587.00
Invoice Date Description Amount
235602 12/31/2018 Legal Services $1,587.00
28265 01/18/2019 Open Accounts Payable LINDA RIOS $4,100.00
Invoice Date Description Amount
1257 01/06/2019 Youth Outreach Services $4,100.00
28266 01/18/2019 Open Accounts Payable OH, JENNIFER $140.00
Invoice Date Description Amount
011419 01/14/2019 Nutrition Made Easy Instruction (1.11) 7 students $140.00
28267 01/18/2019 Open Accounts Payable SHUTE, MIHALY & WEINBERGER
LLP
$34,124.38
Invoice Date Description Amount
258489 12/21/2018 Legal Services $1,356.78
258752 12/28/2018 Legal Services $1,054.62
258751 12/28/2018 Legal Services $9,600.00
258750 12/28/2018 Legal Services $20,826.48
258749 12/28/2018 Legal Services $1,286.50
28268 01/18/2019 Open Accounts Payable SMART & FINAL $531.75
Invoice Date Description Amount
SFinal101118 10/11/2018 Smart and Final Teen Center Food Run - 10.11.18 $531.75
28269 01/18/2019 Open Accounts Payable TERI GERHARDT $96.24
Invoice Date Description Amount
TeriG111518 11/15/2018 TeriG111518 Phone Reimburse 10/16/18 - 11/15/18 $48.12
Thursday, January 24, 2019Pages: 18 of 19user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
128
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
TeriG121518 12/15/2018 TeriG121518 Phone Reimburse 11/16/18 - 12/15/18 $48.12
28270 01/18/2019 Open Accounts Payable THOMAS LEUNG $1,512.44
Invoice Date Description Amount
Travel121018 12/10/2018 Travel Expense Reimbursement $1,512.44
28271 01/18/2019 Open Accounts Payable USPS - 70380001000002010 $4,400.00
Invoice Date Description Amount
12032018 01/15/2019 City Wide Mailing $4,400.00
Type EFT Totals:17 Transactions $560,013.28
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 119 $410,854.08 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $477.97 $0.00
Stopped 0 $0.00 $0.00
Total 120 $411,332.05 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 17 $560,013.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 17 $560,013.28 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 136 $970,867.36 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $477.97 $0.00
Stopped 0 $0.00 $0.00
Total 137 $971,345.33 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 119 $410,854.08 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $477.97 $0.00
Stopped 0 $0.00 $0.00
Total 120 $411,332.05 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 17 $560,013.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 17 $560,013.28 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 136 $970,867.36 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $477.97 $0.00
Stopped 0 $0.00 $0.00
Total 137 $971,345.33 $0.00
Thursday, January 24, 2019Pages: 19 of 19user: Zeng Wang
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From Payment Date: 1/12/2019 - To Payment Date: 1/18/2019
129
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5207 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/19/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Accept Accounts Payable for the period ending January 25, 2019
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Accept Accounts Payable for the period ending January 25, 2019
Adopt Resolution No. 19-032 accepting Accounts Payable for the period ending January 25,
2019
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™130
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
718952 01/25/2019 Open Accounts Payable ADVANTAGE GRAFIX $553.72
Invoice Date Description Amount
42737 12/14/2018 140 SR2S full color flyers $206.01
42736 12/14/2018 2 SR2S full color banners $311.74
42838 01/11/2019 30 SR2S full color 2 sided updates gloss $35.97
718953 01/25/2019 Voided Duplicate Payment 01/25/2019 Accounts Payable AIRGAS USA LLC $230.96
Invoice Date Description Amount
9083386465 12/11/2018 Trees&ROW: Safety Cans - 2 Gal $230.96
718954 01/25/2019 Open Accounts Payable ALDANA, JOSE, B.$165.00
Invoice Date Description Amount
2958 01/01/2019 Control room Monitor Adjustments; Cable runs $165.00
718955 01/25/2019 Open Accounts Payable AT&T $27,236.22
Invoice Date Description Amount
12173128-1 11/12/2018 City Council $2.10
12173128-2 11/12/2018 City Manager $1.05
12173128-3 11/12/2018 City Clerk $26.17
12173128-4 11/12/2018 City Attorney $3.85
12173128-5 11/12/2018 Sherriffs $1.75
12173128-6 11/12/2018 Code Enforcement $2.45
12173128-7 11/12/2018 Community Services $0.70
12173128-8 11/12/2018 Disaster Preparedness $1.05
12173128-9 11/12/2018 Govt Channel $1.05
12173128-10 11/12/2018 Finance Admin $1.05
12173128-11 11/12/2018 Finance Acctg $2.10
12173128-12 11/12/2018 Business License $1.05
12173128-13 11/12/2018 Human Resources $2.10
12173128-14 11/12/2018 Information Tech $6.66
12173128-15 11/12/2018 Parks & Rec Admin $1.05
12173128-16 11/12/2018 QCC Cultural superv.$2.45
12173128-17 11/12/2018 Quinlan Center $5.61
12173128-18 11/12/2018 Youth Teen program $0.70
12173128-19 11/12/2018 Sports Physical prog.$1.05
12173128-20 11/12/2018 Sports Ctr prog.$4.20
12173128-21 11/12/2018 Senior Center $4.20
12173128-22 11/12/2018 Case Manager $0.35
12173128-23 11/12/2018 BBF Office $3.50
12173128-24 11/12/2018 BBF Park $1.75
12173128-25 11/12/2018 Blackberry Golf $0.35
12173128-26 11/12/2018 Nature Program $0.35
12173128-27 11/12/2018 Planning Admin $1.05
12173128-28 11/12/2018 Planning Current $3.15
12173128-29 11/12/2018 Planning Long Range $0.70
12173128-30 11/12/2018 BMR Housing $0.70
12173128-31 11/12/2018 Building $4.56
12173128-32 11/12/2018 Plan Check $0.35
12173128-33 11/12/2018 Building Inspector $1.40
12173128-34 11/12/2018 Public Works Adm $1.75
Monday, January 28, 2019Pages: 1 of 14user: Zeng Wang
Payment Register
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From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
131
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
12173128-35 11/12/2018 Resource Recovery $0.35
12173128-36 11/12/2018 Non Point Source $0.35
12173128-37 11/12/2018 Engineering $3.15
12173128-38 11/12/2018 PW Inspector $0.35
12173128-39 11/12/2018 Service Center Adm.$41.03
12173128-40 11/12/2018 City Hall $275.00
12173128-41 11/12/2018 Service Center $29.61
12173128-42 11/12/2018 Quinlan Center $1.40
12173128-43 11/12/2018 McClellan Ranch $3.15
12173128-44 11/12/2018 Monta Vista $0.70
12173128-45 11/12/2018 Wilson Park $20.85
12173128-46 11/12/2018 Sports Center $2.80
12173128-48 11/12/2018 Creekside $0.70
12173128-49 11/12/2018 Traffic $1.05
12173128-50 11/12/2018 Signal Maintenance $1.40
12173128-51 11/12/2018 Street Maintenance $20.99
12173128-52 11/12/2018 City Hall 2343448559849 - circuit/IP services $1,053.87
12173128-53 11/12/2018 City Attorney's Office 2343448559849 - circuit/IP
services
$715.70
12173128-54 11/12/2018 Quinlan 2343448559849 - circuit/IP services $715.70
12173128-55 11/12/2018 Sr Center 2343448559849 - circuit/IP services $715.70
12173128-56 11/12/2018 Spt Center 2343448559849 - circuit/IP services $446.85
12173128-57 11/12/2018 Service Center 2343448559849 - circuit/IP services $715.70
12173128-58 11/12/2018 BBF 2343448559849 - circuit/IP services $406.05
12173128-59 11/12/2018 Nature Program 2343448559849 - circuit/IP services $406.00
12173128-60 11/12/2018 Blackberry Farm) N16078348, 408-252-1003 $315.12
12173128-61 11/12/2018 Senior Center N26434488, 408-446-2001 $335.11
12173128-62 11/12/2018 (Sports Center) N19904361, 408-446-3043 $334.40
12173128-63 11/12/2018 (City Attorney) N38106861, tn 408-446-3002 $334.40
12173128-64 11/12/2018 (McClellan Ranch) N45686792, tn 408-446-8401 $186.10
12173128-65 11/12/2018 (Quinlan Center) N19904583, tn 408-446-9003 $186.81
12173128-66 11/12/2018 (Monte Vista Recreation) N19904613, tn 408-446-
4014
$184.63
12173128-67 11/12/2018 (Traffic Operations) N31522882, tn 408-446-7272 $333.66
12173128-68 11/12/2018 (City Hall) N47852946, tn 408-446-9012 $185.36
12173128-69 11/12/2018 (Service Center) N26440414, tn 408-446-2205 $185.36
12173128-70 11/12/2018 Service Center for their Mechanic Shop alarm
4082526301
$24.59
12310940-1 12/12/2018 City Council $150.84
12310940-2 12/12/2018 City Manager $75.45
12310940-3 12/12/2018 City Clerk $223.36
12310940-4 12/12/2018 City Attorney $276.64
12310940-5 12/12/2018 Sherriffs $125.74
12310940-6 12/12/2018 Code Enforcement $176.04
12310940-7 12/12/2018 Community Services $50.30
12310940-8 12/12/2018 Disaster Preparedness $75.45
12310940-9 12/12/2018 Govt Channel $75.45
12310940-10 12/12/2018 Finance Admin $75.45
12310940-11 12/12/2018 Finance Acctg $150.89
12310940-12 12/12/2018 Business License $75.45
Monday, January 28, 2019Pages: 2 of 14user: Zeng Wang
Payment Register
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From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
132
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
12310940-13 12/12/2018 Human Resources $150.89
12310940-14 12/12/2018 Information Tech $477.83
12310940-15 12/12/2018 Parks & Rec Admin $75.45
12310940-16 12/12/2018 QCC Cultural superv.$176.04
12310940-17 12/12/2018 Quinlan Center $402.38
12310940-18 12/12/2018 Youth Teen program $50.30
12310940-19 12/12/2018 Sports Physical prog.$75.45
12310940-20 12/12/2018 Sports Ctr prog.$301.79
12310940-21 12/12/2018 Senior Center $301.79
12310940-22 12/12/2018 Case Manager $25.15
12310940-23 12/12/2018 BBF Office $251.49
12310940-24 12/12/2018 BBF Park $125.74
12310940-25 12/12/2018 Blackberry Golf $25.15
12310940-26 12/12/2018 Nature Program $25.15
12310940-27 12/12/2018 Planning Admin $75.45
12310940-28 12/12/2018 Planning Current $226.34
12310940-29 12/12/2018 Planning Long Range $50.30
12310940-30 12/12/2018 BMR Housing $50.30
12310940-31 12/12/2018 Building $326.94
12310940-32 12/12/2018 Plan Check $25.15
12310940-33 12/12/2018 Building Inspector $100.60
12310940-34 12/12/2018 Public Works Adm $125.74
12310940-35 12/12/2018 Resource Recovery $25.15
12310940-36 12/12/2018 Non Point Source $25.15
12310940-37 12/12/2018 Engineering $226.34
12310940-38 12/12/2018 PW Inspector $25.15
12310940-39 12/12/2018 Service Center Adm.$189.59
12310940-40 12/12/2018 City Hall $795.30
12310940-41 12/12/2018 Service Center $649.45
12310940-42 12/12/2018 Quinlan Center $100.60
12310940-43 12/12/2018 McClellan Ranch $226.34
12310940-44 12/12/2018 Monta Vista $50.30
12310940-45 12/12/2018 Wilson Park $20.73
12310940-46 12/12/2018 Sports Center $201.19
12310940-48 12/12/2018 Creekside $50.30
12310940-49 12/12/2018 Traffic $75.45
12310940-50 12/12/2018 Signal Maintenance $100.60
12310940-51 12/12/2018 Street Maintenance $20.91
12310940-52 12/12/2018 City Hall 2343448559849 - circuit/IP services $1,053.87
12310940-53 12/12/2018 City Attorney's Office 2343448559849 - circuit/IP
services
$715.70
12310940-54 12/12/2018 Quinlan 2343448559849 - circuit/IP services $715.70
12310940-55 12/12/2018 Sr Center 2343448559849 - circuit/IP services $715.70
12310940-56 12/12/2018 Spt Center 2343448559849 - circuit/IP services $446.85
12310940-57 12/12/2018 Service Center 2343448559849 - circuit/IP services $715.70
12310940-58 12/12/2018 BBF 2343448559849 - circuit/IP services $406.05
12310940-59 12/12/2018 Nature Program 2343448559849 - circuit/IP services $406.05
12310940-60 12/12/2018 Blackberry Farm) N16078348, 408-252-1003 $20.73
12310940-61 12/12/2018 Senior Center N26434488, 408-446-2001 $21.86
12310940-62 12/12/2018 (Sports Center) N19904361, 408-446-3043 $21.86
Monday, January 28, 2019Pages: 3 of 14user: Zeng Wang
Payment Register
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From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
133
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
12310940-63 12/12/2018 (City Attorney) N38106861, tn 408-446-3002 $21.86
12310940-64 12/12/2018 (McClellan Ranch) N45686792, tn 408-446-8401 $21.86
12310940-65 12/12/2018 (Quinlan Center) N19904583, tn 408-446-9003 $21.86
12310940-66 12/12/2018 (Monte Vista Recreation) N19904613, tn 408-446-
4014
$21.86
12310940-67 12/12/2018 (Traffic Operations) N31522882, tn 408-446-7272 $21.86
12310940-68 12/12/2018 (City Hall) N47852946, tn 408-446-9012 $21.86
12310940-69 12/12/2018 (Service Center) N26440414, tn 408-446-2205 $21.86
12310940-70 12/12/2018 Service Center 408-252-6301 $25.36
12452466-1 01/12/2019 City Council ($0.52)
12452466-2 01/12/2019 City Manager ($0.26)
12452466-3 01/12/2019 City Clerk $21.48
12452466-4 01/12/2019 City Attorney ($0.94)
12452466-5 01/12/2019 Sherriffs ($0.43)
12452466-6 01/12/2019 Code Enforcement ($0.60)
12452466-7 01/12/2019 Community Services ($0.17)
12452466-8 01/12/2019 Disaster Preparedness ($0.26)
12452466-9 01/12/2019 Govt Channel ($0.26)
12452466-10 01/12/2019 Finance Admin ($0.26)
12452466-11 01/12/2019 Finance Acctg ($0.51)
12452466-12 01/12/2019 Business License ($0.26)
12452466-13 01/12/2019 Human Resources ($0.51)
12452466-14 01/12/2019 Information Tech ($1.62)
12452466-15 01/12/2019 Parks & Rec Admin ($0.26)
12452466-16 01/12/2019 QCC Cultural superv.($0.60)
12452466-17 01/12/2019 Quinlan Center ($1.37)
12452466-18 01/12/2019 Youth Teen program ($0.17)
12452466-19 01/12/2019 Sports Physical prog.($0.26)
12452466-20 01/12/2019 Sports Ctr prog.($1.02)
12452466-21 01/12/2019 Senior Center ($1.02)
12452466-22 01/12/2019 Case Manager ($0.09)
12452466-23 01/12/2019 BBF Office ($0.85)
12452466-24 01/12/2019 BBF Park ($0.43)
12452466-25 01/12/2019 Blackberry Golf ($0.09)
12452466-26 01/12/2019 Nature Program ($0.09)
12452466-27 01/12/2019 Planning Admin ($0.26)
12452466-28 01/12/2019 Planning Current ($0.77)
12452466-29 01/12/2019 Planning Long Range ($0.17)
12452466-30 01/12/2019 BMR Housing ($0.17)
12452466-31 01/12/2019 Building ($1.11)
12452466-32 01/12/2019 Plan Check ($0.09)
12452466-33 01/12/2019 Building Inspector ($0.34)
12452466-34 01/12/2019 Public Works Adm ($0.43)
12452466-35 01/12/2019 Resource Recovery ($0.09)
12452466-36 01/12/2019 Non Point Source ($0.09)
12452466-37 01/12/2019 Engineering ($0.77)
12452466-38 01/12/2019 PW Inspector ($0.09)
12452466-39 01/12/2019 Service Center Adm.$38.19
12452466-40 01/12/2019 City Hall $262.61
12452466-41 01/12/2019 Service Center $18.60
Monday, January 28, 2019Pages: 4 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
134
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
12452466-42 01/12/2019 Quinlan Center ($0.34)
12452466-43 01/12/2019 McClellan Ranch ($0.77)
12452466-44 01/12/2019 Monta Vista ($0.17)
12452466-45 01/12/2019 Wilson Park $20.73
12452466-46 01/12/2019 Sports Center ($0.63)
12452466-47 01/12/2019 Teen Center $0.01
12452466-48 01/12/2019 Creekside ($0.17)
12452466-49 01/12/2019 Traffic ($0.26)
12452466-50 01/12/2019 Signal Maintenance ($0.34)
12452466-51 01/12/2019 Street Maintenance $20.88
12452466-52 01/12/2019 City Hall 2343448559849 - circuit/IP services $1,053.81
12452466-53 01/12/2019 City Attorney's Office 2343448559849 - circuit/IP
services
$715.70
12452466-54 01/12/2019 Quinlan 2343448559849 - circuit/IP services $715.70
12452466-55 01/12/2019 Sr Center 2343448559849 - circuit/IP services $715.70
12452466-56 01/12/2019 Spt Center 2343448559849 - circuit/IP services $446.85
12452466-57 01/12/2019 Service Center 2343448559849 - circuit/IP services $715.70
12452466-58 01/12/2019 BBF 2343448559849 - circuit/IP services $406.05
12452466-59 01/12/2019 Nature Program 2343448559849 - circuit/IP services $406.05
12452466-60 01/12/2019 Blackberry Farm) N16078348, 408-252-1003 $20.73
12452466-61 01/12/2019 Senior Center N26434488, 408-446-2001 $21.86
12452466-62 01/12/2019 (Sports Center) N19904361, 408-446-3043 $21.86
12452466-63 01/12/2019 (City Attorney) N38106861, tn 408-446-3002 $21.87
12452466-64 01/12/2019 (McClellan Ranch) N45686792, tn 408-446-8401 $21.86
12452466-65 01/12/2019 (Quinlan Center) N19904583, tn 408-446-9003 $21.86
12452466-66 01/12/2019 (Monte Vista Recreation) N19904613, tn 408-446-
4014
$21.86
12452466-67 01/12/2019 (Traffic Operations) N31522882, tn 408-446-7272 $21.86
12452466-68 01/12/2019 (City Hall) N47852946, tn 408-446-9012 $21.86
12452466-69 01/12/2019 (Service Center) N26440414, tn 408-446-2205 $21.86
12452466-70 01/12/2019 Service Center 408-252-6301 $26.77
718956 01/25/2019 Open Accounts Payable BEAR ELECTRICALSOLUTIONS,
INC.
$26,150.00
Invoice Date Description Amount
7466 01/15/2019 Streets: Light Repair Conduit Installation $26,150.00
718957 01/25/2019 Open Accounts Payable BRIGHTVIEW TREE COMPANY $801.15
Invoice Date Description Amount
6121483 01/04/2019 Trees: Street Trees $267.05
6121477 01/04/2019 Treets: Street Trees $534.10
718958 01/25/2019 Open Accounts Payable CAL COLOR GROWERS, LLC.$4,900.42
Invoice Date Description Amount
R105880 11/06/2018 Trees&ROW: Cyclamen Plants $1,912.95
R105922 11/08/2018 Trees&ROW:Cyclamen Plants $408.10
R105838 11/01/2018 Trees&ROW: Cyclamen Plants $1,912.95
R106278 11/29/2018 Grounds: Poinsettia Plants $184.86
R116036 12/06/2018 Grounds: Poinsettia Plants $481.56
Monday, January 28, 2019Pages: 5 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
135
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718959 01/25/2019 Open Accounts Payable CAL-WEST LIGHTING & SIGNAL
MAINTENANCE INC
$4,099.81
Invoice Date Description Amount
181273 12/31/2018 Wolfe Rd at 280 1B pole knockdown $4,099.81
718960 01/25/2019 Open Accounts Payable CINTAS CORPORATION $1,319.05
Invoice Date Description Amount
630590710 01/15/2019 Uniforms/Safety Apparel $420.49
630587292 01/08/2019 Uniforms/Safety Apparel $415.36
630590711 01/15/2019 Uniforms/Safety Apparel $65.71
630594140 01/22/2019 Uniforms/Safety Apparel $417.49
718961 01/25/2019 Open Accounts Payable CITY OF SAN JOSE $4,000.00
Invoice Date Description Amount
1164273 01/16/2019 MAINTENANCE OF FOUR (4) STORM SYSTEMS
AND FOUR (4) STORM OUTFALL
$4,000.00
718962 01/25/2019 Open Accounts Payable CLEARBLU ENVIRONMENTAL $612.07
Invoice Date Description Amount
19290 09/27/2018 Streets: 55 gallon drum of EcoBlast LF $612.07
718963 01/25/2019 Open Accounts Payable Colonial Life & Accident Insurance $76.47
Invoice Date Description Amount
01182019 01/18/2019 4800 - *Colonial Products - Pre-Tax*$76.47
718964 01/25/2019 Open Accounts Payable COMCAST $310.84
Invoice Date Description Amount
2330-010119 01/01/2019 8155 10 005 0182330 01/10/19-02/09/19 $310.84
718965 01/25/2019 Open Accounts Payable COMCAST $805.62
Invoice Date Description Amount
3310-010719 01/07/2019 8155400650183310 Comcast Sports Center $805.62
718966 01/25/2019 Open Accounts Payable COMMUNICATION STRATEGIES $1,072.50
Invoice Date Description Amount
1707 12/31/2018 Packet Fusion Update, Telco Follow-up $1,072.50
718967 01/25/2019 Open Accounts Payable Community Health Charities of
California
$267.50
Invoice Date Description Amount
01182019 01/18/2019 4400 - Community Health Charities $267.50
718968 01/25/2019 Open Accounts Payable CONTRACT SWEEPING SERVICES
INC
$16,140.32
Invoice Date Description Amount
19000106 01/15/2019 Street sweeping for January 2019 $12,091.34
19000134 01/15/2019 street sweeping on Foothill January 2019 $4,048.98
718969 01/25/2019 Open Accounts Payable COTTON SHIRES & ASSO INC $2,028.85
Invoice Date Description Amount
123710 12/20/2018 geologist services 10067 Byrne Ave $2,028.85
718970 01/25/2019 Open Accounts Payable COUNTY OF ALAMEDA,
ENVIRONMENTAL HEALTH
SERVICES
$25.00
Invoice Date Description Amount
HHW Info Exchnge 01/23/2019 Northern CA HHW Info info exchange event $25.00
Monday, January 28, 2019Pages: 6 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
136
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718971 01/25/2019 Open Accounts Payable CSG CONSULTANTS INC $42,115.00
Invoice Date Description Amount
22163 12/18/2018 SO1 McClellan Sidewalk Improv-Ph 2 10/27-11/30/18 $38,505.00
22164 12/18/2018 SO2 McClellan Bikeway Improv-Ph 1a 10/27-11/30/18 $3,610.00
718972 01/25/2019 Open Accounts Payable ERGO VERA $330.00
Invoice Date Description Amount
2943 01/10/2019 Ergo Eval for Svc Ctr Admin Assistant $330.00
718973 01/25/2019 Open Accounts Payable EWING IRRIGATION $2,627.19
Invoice Date Description Amount
6761678 01/17/2019 Grounds: Irrigation Supplies $2,627.19
718974 01/25/2019 Open Accounts Payable Franchise Tax Board $100.00
Invoice Date Description Amount
01182019 01/18/2019 0102 - Garnishment Other - Flat $100.00
718975 01/25/2019 Open Accounts Payable GRAHAM CONTRACTORS INC $862.00
Invoice Date Description Amount
028491 12/31/2018 Pavement Maint Phase 2 work thru 12/12/18 $862.00
718976 01/25/2019 Open Accounts Payable GRAINGER INC $134.95
Invoice Date Description Amount
9036343912 12/18/2018 ROW: Jacket and Rain Pants $134.95
718977 01/25/2019 Open Accounts Payable GRANICUS INC $3,946.55
Invoice Date Description Amount
108347 01/26/2019 Granicus Software $3,946.55
718978 01/25/2019 Open Accounts Payable GRASSROOTS ECOLOGY $24,038.83
Invoice Date Description Amount
CUST1218 12/31/2018 quarterly payment for restoration project $24,038.83
718979 01/25/2019 Open Accounts Payable HARRY L MURPHY INC $30,788.00
Invoice Date Description Amount
23990 01/19/2019 Facilities: QCC Cupertino Room Replace Damaged
Vinyl Stripwood
$6,000.00
23989CP 01/16/2019 Facilities: QCC Social Room Install Vinyl Stripwood $24,788.00
718980 01/25/2019 Open Accounts Payable HEXAGON TRANSPORTATION
CONSULTANTS
$4,185.00
Invoice Date Description Amount
12355 12/04/2018 traffic study De Anza Hotel project $4,185.00
718981 01/25/2019 Open Accounts Payable HMH ENGINEERS INC $960.40
Invoice Date Description Amount
35402 01/08/2019 4893.01 McClellan Rd Sidewalk Imp - Ph II Services
thru 12.29.18
$960.40
718982 01/25/2019 Open Accounts Payable IFPTE LOCAL 21 $1,817.60
Invoice Date Description Amount
01182019 01/18/2019 4200 - Association Dues - CEA $1,817.60
718983 01/25/2019 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY $213.21
Invoice Date Description Amount
3607227-00 01/11/2019 Grounds: Seedbare Sports Park Mix $213.21
Monday, January 28, 2019Pages: 7 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
137
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718984 01/25/2019 Open Accounts Payable INSERV COMPANY $767.36
Invoice Date Description Amount
60518 01/03/2019 Facilities: Water Treatment Product Agreement $767.36
718985 01/25/2019 Open Accounts Payable J.MAREZ / OCEAN PLUMBING
CONSTRUCTION
$775.00
Invoice Date Description Amount
01-2019 01/19/2019 QCC Dishwasher Valve Replacement $775.00
718986 01/25/2019 Open Accounts Payable JD FIRESTOP PROS, INC $30,615.00
Invoice Date Description Amount
1192 01/16/2019 Facilities: QCC Wool Blanket and Drywall Install $30,615.00
718987 01/25/2019 Open Accounts Payable John Cahalan Landscape Architect $3,528.50
Invoice Date Description Amount
MA PO 2019-003 2 12/07/2018 De Anza Blvd. Medians ±Ph 2 Landscape
Improvements/Inv 2
$3,528.50
718988 01/25/2019 Open Accounts Payable JW CATERING $1,128.36
Invoice Date Description Amount
E04383 01/29/2019 cateriing service for AS luncheon $1,128.36
718989 01/25/2019 Open Accounts Payable KAYUGA SOLUTIONS $34,774.50
Invoice Date Description Amount
INV-WSAP&V-006 01/17/2019 Water System Asset Planning & Valuation 12/1-
12/31/18
$34,774.50
718990 01/25/2019 Open Accounts Payable KELLY-MOORE PAINT CO INC $15.66
Invoice Date Description Amount
808-00000715517 01/16/2019 Grounds: Creekside Park - Paint for Blue Ballards $15.66
718991 01/25/2019 Open Accounts Payable KMVT COMMUNITY TELEVISION $5,277.53
Invoice Date Description Amount
7334 12/31/2018 Community Access TV December 2018 $5,277.53
718992 01/25/2019 Open Accounts Payable KORACH, ZACH $1,350.00
Invoice Date Description Amount
ZachK01/23/2019 01/23/2019 Tuition Reimbursement St. Mary's 07-09/2018- Zach K $1,350.00
718993 01/25/2019 Open Accounts Payable Mersich, Misty $16.34
Invoice Date Description Amount
01102019 01/10/2019 Misty 2019 Calendar Planner $16.34
718994 01/25/2019 Open Accounts Payable MOUNTAIN VIEW GARDEN
CENTER
$747.74
Invoice Date Description Amount
97553 01/16/2019 Streets: Sand $747.74
718995 01/25/2019 Open Accounts Payable MUNISERVICES LLC $7,118.41
Invoice Date Description Amount
INV06-004971 01/18/2019 Sales Tax Audit Services for Quarter Ending 9/30/18 $7,118.41
718996 01/25/2019 Open Accounts Payable Neopost USA Inc $260.25
Invoice Date Description Amount
56365564 01/01/2019 Standard Maintenance for Postage Machine $260.25
Monday, January 28, 2019Pages: 8 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
138
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
718997 01/25/2019 Open Accounts Payable NI GOVERNMENT SERVICES INC $92.83
Invoice Date Description Amount
8121267523 01/01/2019 CM Satellite Cell Phone Services 12/1/18 - 12/31/18 $92.83
718998 01/25/2019 Open Accounts Payable NOMURA, KATY $1,350.00
Invoice Date Description Amount
KatyN011619 01/15/2019 Tuition Reimbursement SJSU 08-12/2018 $1,350.00
718999 01/25/2019 Open Accounts Payable O'REILLY AUTO PARTS $32.67
Invoice Date Description Amount
2591-380395 01/17/2019 Cleaner, Protector, Conditioner for Auto $32.67
719000 01/25/2019 Open Accounts Payable OFFICE DEPOT $28.06
Invoice Date Description Amount
248522582001 12/19/2018 Office supplies - Binder dividers $28.06
719001 01/25/2019 Open Accounts Payable OMEGA INDUSTRIAL SUPPLY INC $471.70
Invoice Date Description Amount
114176 01/17/2019 Safe Step, Hi Shine, Blaster Kit $471.70
719002 01/25/2019 Open Accounts Payable ONLINE SOLUTIONS LLC $9,000.00
Invoice Date Description Amount
3189 01/17/2019 Citizenserve 5 Users - 5/1/19- 4/30/20 $9,000.00
719003 01/25/2019 Open Accounts Payable Operating Engineer #3 $1,506.54
Invoice Date Description Amount
01182019 01/18/2019 4100 - Union Dues $1,506.54
719004 01/25/2019 Open Accounts Payable PACIFIC WEST SECURITY INC $1,542.00
Invoice Date Description Amount
14603 01/01/2019 Facilities: Senior Ctr-Fire Inspections and ESA,
Security
$162.00
14595 01/01/2019 Facilities: Library Access ESA, Security $744.00
14597 01/01/2019 Facilities: Comm Hall & Library: Security & Fire Mtr $636.00
719005 01/25/2019 Open Accounts Payable PERS Long Term Care Program $30.28
Invoice Date Description Amount
01182019 01/18/2019 0530 - PERS Long Term Care $30.28
719006 01/25/2019 Open Accounts Payable PLACEWORKS, INC $8,052.91
Invoice Date Description Amount
67307 11/30/2018 enviro study De Anza Hotel project $5,367.76
66967 10/31/2018 enviro study Westport project $2,685.15
719007 01/25/2019 Open Accounts Payable ReadyRefresh by Nestle $186.24
Invoice Date Description Amount
19A0027344597 01/08/2019 Employee Drinking Water for Service Ctr; 12.07.18-
01.06.19
$186.24
719008 01/25/2019 Open Accounts Payable RONALD D OLDS $1,110.00
Invoice Date Description Amount
5243 01/19/2019 Office AV Racks Project; Community Hall AV Plates $1,110.00
719009 01/25/2019 Open Accounts Payable RPM EXTERMINATORS INC $1,050.00
Invoice Date Description Amount
0071479 12/28/2018 Facilities: Rodent Control-Ranch, CH, Yard, QCC $1,050.00
Monday, January 28, 2019Pages: 9 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
139
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
719010 01/25/2019 Open Accounts Payable SAN FRANCISCO ORCHID
SOCIETY
$307.50
Invoice Date Description Amount
POE2019-SeniorDa 01/22/2019 POE2019-SeniorDayPass Admission to Pacific Orchid
Expo 2/22/2019
$307.50
719011 01/25/2019 Open Accounts Payable SANTA CLARA CNTY
CLERK/RECORDER
$250.00
Invoice Date Description Amount
TR-2018-52 01/24/2019 exempt filing $50.00
R-2018-36 01/24/2019 exempt filing $50.00
RM-2018-22 01/24/2019 exempt filing $50.00
R-2018-33 01/24/2019 exempt filing $50.00
R-2018-32 01/24/2019 exempt filing $50.00
719012 01/25/2019 Open Accounts Payable SILICON VALLEY BICYCLE
COALITION
$2,800.00
Invoice Date Description Amount
424 01/22/2019 Sponsorship BTWD 2019 $2,800.00
719013 01/25/2019 Open Accounts Payable SOCIAL SOLUTIONS GLOBAL, INC $3,148.74
Invoice Date Description Amount
51693 01/07/2019 Apricot Essentials Year 3 $3,148.74
719014 01/25/2019 Open Accounts Payable State Disbursement Unit $276.92
Invoice Date Description Amount
01182019 01/18/2019 0100 - Child Support $276.92
719015 01/25/2019 Open Accounts Payable TERRACON CONSULTANTS, INC $12,675.00
Invoice Date Description Amount
TB18091 10/08/2018 BE186046 Pools Condition Assessment 9/16-
9/29/2018
$7,450.00
TB29545 11/05/2018 BE186051 Pool Improvements 10/7-10/27/2018 $5,225.00
719016 01/25/2019 Open Accounts Payable THE ROCK HOUSE SPORTS PUB
AND GRILL
$482.66
Invoice Date Description Amount
02052019 01/24/2019 2/5/2019 Group Meal for Grand Theatre and Alviso
Adobe Trip
$482.66
719017 01/25/2019 Open Accounts Payable TOWNE FORD $98,387.85
Invoice Date Description Amount
83442 01/08/2019 Police Responder Hybrid Sedan $33,411.80
83443 01/08/2019 Police Responder Hybrid Sedan $33,411.80
83519 01/16/2019 2019 Fusion replacing #65 $31,564.25
719018 01/25/2019 Open Accounts Payable United Way Silicon Valley $5.00
Invoice Date Description Amount
01182019 01/18/2019 4501 - United Way $5.00
719019 01/25/2019 Open Accounts Payable USWIRED INCORPORATED $2,347.59
Invoice Date Description Amount
331768 09/28/2018 HP Toner HP 711 - Quinlan $343.63
332300 11/30/2018 HP Printer LJ P4515 service and ink - Quinlan $267.39
331978 10/25/2018 Bay Area Printer Services HP LJ P4515 - Quinlan $487.03
331769 09/28/2018 HP Printer Services HP 711 - Senior Center $226.99
Monday, January 28, 2019Pages: 10 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
140
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
331981 10/25/2018 Printer Services HP LJ P3015 - Senior Center $570.95
331766 09/28/2018 HP 37A Toner - CDD $331.69
331980 10/25/2018 Toner Cartridge - Planning $119.91
719020 01/25/2019 Open Accounts Payable VALLEY OIL COMPANY $7,143.97
Invoice Date Description Amount
956945 01/18/2019 Mid 10% Ethanol Bulk Fuel $7,143.97
719021 01/25/2019 Open Accounts Payable VAN METER WILLIAMS POLLACK
LLP
$1,560.00
Invoice Date Description Amount
1816-201812 12/31/2018 design services Westport Shopping Center $1,560.00
719022 01/25/2019 Open Accounts Payable WESTERN PACIFIC SIGNAL LLC $7,632.30
Invoice Date Description Amount
25543 12/27/2018 PO 2017-173 Bus Interface Unit, Monitor, Power
Supply
$7,632.30
719023 01/25/2019 Open Accounts Payable WESTMORELAND, EVAN $480.00
Invoice Date Description Amount
61 01/22/2019 Office AV Rack wiring project $480.00
719024 01/25/2019 Open Accounts Payable WILBUR-ELLIS COMPANY LLC $43,478.39
Invoice Date Description Amount
12344572 RH 12/13/2018 Trees&ROW: Tristar, Pentra-Bark, Tri-Fol $43,478.39
719025 01/25/2019 Open Accounts Payable WORLDCHEFS INTERNATIONAL
LLC
$600.00
Invoice Date Description Amount
012219 01/22/2019 Cooking w. Suzanne Instruction (1.23) 12 Students $600.00
719026 01/25/2019 Open Accounts Payable WOWzy Creation Corp $26.77
Invoice Date Description Amount
92096 01/18/2019 Sign holder - Holly Kimura nameplate $26.77
719027 01/25/2019 Open Accounts Payable Adodra, Snehal $3,300.00
Invoice Date Description Amount
213645 01/24/2019 10% F&P + 100% Deposit, 10212 Prado Vista Dr.
#213645
$3,300.00
719028 01/25/2019 Open Accounts Payable Kidd, Catarina $1,350.00
Invoice Date Description Amount
CK011419 01/14/2019 Tuition Reimbursement Cornell U. Online 12/18-1/2019 $1,350.00
719029 01/25/2019 Open Accounts Payable Lawrence, Judy $62.00
Invoice Date Description Amount
499937 01/22/2019 Refund check client replaced on Yule at the Oakland
Zoo Trip
$62.00
719030 01/25/2019 Open Accounts Payable Leipelt, Karin $62.00
Invoice Date Description Amount
499939 01/22/2019 Refund Check Client replaced on Yule at the Oakland
Zoo Trip
$62.00
719031 01/25/2019 Open Accounts Payable Scofield, Bambi $62.00
Invoice Date Description Amount
499941 01/22/2019 Refubd check client replaced on Yule at the Oakland
Trip
$62.00
Monday, January 28, 2019Pages: 11 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
141
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
719032 01/25/2019 Open Accounts Payable SUDHA IYER $282.00
Invoice Date Description Amount
7846 01/24/2019 KETTLE CHAI Inv#7846 Refund $282.00
719033 01/25/2019 Open Accounts Payable YANG, YIZHANG $420.00
Invoice Date Description Amount
1450438 01/17/2019 Refunding secuirty deposit for Cupetino Room,
December 23, 2018
$420.00
719034 01/25/2019 Open Accounts Payable MAX DANCE COMPANY $499.00
Invoice Date Description Amount
07142018 07/14/2018 Activities for Neighborhood Events $499.00
719035 01/25/2019 Open Accounts Payable Ueno, Tatsuya $300.00
Invoice Date Description Amount
149 10/22/2018 Refund for Social Room security deposit, 10.15.18,
P#R149
$300.00
Type Check Totals:84 Transactions $501,681.80
EFT
28272 01/25/2019 Open Accounts Payable Employment Development $1,429.19
Invoice Date Description Amount
01182019 01/18/2019 SDI - State Disability Insurance $1,429.19
28273 01/25/2019 Open Accounts Payable PERS-457K $5,636.88
Invoice Date Description Amount
01182019 01/18/2019 3200 - *PERS Deferred Comp*$5,636.88
28274 01/25/2019 Open Accounts Payable Eflex Group, Inc $4,153.84
Invoice Date Description Amount
01182019 01/18/2019 4700 - *FSA Employee Health*$4,153.84
28275 01/25/2019 Open Accounts Payable GOLDFARB & LIPMAN $152.00
Invoice Date Description Amount
129273 12/17/2018 legal services - Oaks/Westport Shopping Center $152.00
28276 01/25/2019 Open Accounts Payable GRACE SCHMIDT $376.59
Invoice Date Description Amount
GraceS01102019 01/23/2019 Grace Schmidt2018 City Clerk's New Law and
Elections Seminar
$376.59
28277 01/25/2019 Open Accounts Payable ICMA Retirement Trust-457 $3,729.21
Invoice Date Description Amount
01182019 01/18/2019 3100 - *ICMA Deferred Comp*$3,729.21
28278 01/25/2019 Open Accounts Payable National Deferred (ROTH)$5,375.77
Invoice Date Description Amount
01182019 01/18/2019 3010 - Nationwide Roth $5,375.77
28279 01/25/2019 Open Accounts Payable National Deferred Compensatin $30,815.77
Invoice Date Description Amount
01182019 01/18/2019 3000 - *Nationwide Deferred Compensatio $30,815.77
28280 01/25/2019 Open Accounts Payable PARS/City of Cupertino $4,267.06
Invoice Date Description Amount
01182019 01/18/2019 3321 - PARS Employee *$4,267.06
Monday, January 28, 2019Pages: 12 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
142
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
28281 01/25/2019 Open Accounts Payable Raaymakers , John $47.22
Invoice Date Description Amount
JohnR112018 11/20/2018 Cell Phone Reimbursement 11/20 - 12/19/18 $47.22
28282 01/25/2019 Open Accounts Payable RUDY LOMAS $165.00
Invoice Date Description Amount
RudyL110618 11/06/2018 Cell Phone Svc Reimbursement; 10.07.18-11.06.18 $55.00
RudyL120618 12/06/2018 Cell Phone Svc Reimbursement;11.07.18-12.06.18 $55.00
RudyL010619 01/06/2019 Cell Phone Svc Reimbursement;12.07.18-01.06.19 $55.00
28283 01/25/2019 Open Accounts Payable SHUTE, MIHALY & WEINBERGER
LLP
$2,062.50
Invoice Date Description Amount
258189 11/27/2018 legal services Westport Shopping Center $2,062.50
Type EFT Totals:12 Transactions $58,211.03
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount
Open 83 $501,450.84 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $230.96 $0.00
Stopped 0 $0.00 $0.00
Total 84 $501,681.80 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 12 $58,211.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 12 $58,211.03 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 95 $559,661.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $230.96 $0.00
Stopped 0 $0.00 $0.00
Monday, January 28, 2019Pages: 13 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
143
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 96 $559,892.83 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount
Open 83 $501,450.84 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $230.96 $0.00
Stopped 0 $0.00 $0.00
Total 84 $501,681.80 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 12 $58,211.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 12 $58,211.03 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 95 $559,661.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $230.96 $0.00
Stopped 0 $0.00 $0.00
Total 96 $559,892.83 $0.00
Monday, January 28, 2019Pages: 14 of 14user: Zeng Wang
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 1/19/2019 - To Payment Date: 1/25/2019
144
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5229 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/25/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Set application deadline and interview dates for six terms expiring on the Teen Commission
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Adopted Resolution Governing Teen Commission Recruitment
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Set application deadline and interview dates for six terms expiring on the Teen
Commission
Set application deadline and interview dates for six terms expiring on the Teen Commission and
approve:
1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 10; and
2.) Interviews held beginning at 3:30 p.m. on Tuesday, May 28 and Wednesday, May 29 (as
needed)
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-4967 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/1/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Fiscal year 2019-20 projects proposed to receive funding from the Road Maintenance and
Rehabilitation Account (RMRA), created by Senate Bill 1 (SB1).
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Fiscal year 2019-20 projects proposed to receive funding from the Road Maintenance
and Rehabilitation Account (RMRA), created by Senate Bill 1 (SB1).
Adopt Resolution No. 19-033 to list all fiscal year 2019-20 projects proposed to receive RMRA
funding, created by Senate Bill 1 (SB 1), and reaffirm commitment to fund previously adopted
projects with RMRA funding.
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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RESOLUTION NO.19‐XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2019‐20 TO BE FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5,
Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in
order to address the significant multi‐modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of Cupertino (City) are aware of the projects proposed for funding in our community and
which projects have been completed each fiscal year; and
WHEREAS, the City will receive an estimated $994,604 in Road Maintenance and Rehabilitation
Account (RMRA) funding in Fiscal Year 2019‐20 from SB 1; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to
ensure revenues are being used on the most high‐priority and cost‐effective projects that also meet the
communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate six streets this
year, and add many more similar projects along with active transportation infrastructure throughout
the City into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found
that the City streets and roads are in a “good” condition and this revenue will help us maintain the
overall quality of our road system over the next decade; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in
California, and from the moment we open our front door to drive to work, bike to school, or walk to
the bus station, people are dependent upon a safe, reliable local transportation network; and
WHEREAS, maintaining the local street and road system provides well‐paying construction jobs
and boosts local economies; and
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WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react
quickly to emergency calls and a few minutes of delay can be a matter of life and death; and
WHEREAS, maintaining and preserving the local street and road system in good condition will
reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience
safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air
quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail also reduces construction time which results in less
air pollution from heavy equipment and less water pollution from site run‐off; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting‐edge technology, materials and practices, will have significant
positive co‐benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:
1. The foregoing recitals are true and correct.
2. The following project will be funded in‐part with fiscal year 2019‐20 Road Maintenance and
Rehabilitation Account Revenues:
Project Name Location Project
Schedule
Estimated Useful Life
2020 Pavement
Maintenance
Various residential streets June –
October
2020
25 Years
3. The following previously proposed and adopted project may utilize fiscal year 2019‐20 Road
Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in
the adopted resolution, the City is reaffirming to the public and the State its intent to fund this project
with Road Maintenance and Rehabilitation Account revenues:
Project Name Location Project
Schedule
Estimated Useful Life
2019 Pavement
Maintenance
Phase 1
Various residential streets June –
October
2019
25 Years
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd
day of April 2019, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Grace Schmidt Steven Scharf, Mayor
City Clerk City of Cupertino
1103534.1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5152 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/12/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Conduit Lease Agreement to permit Crown Castle NG West, LLC to utilize a section of
conduit owned by the City of Cupertino and located along Stelling Road, for the purposes of
expanding their fiber optic network in exchange for $12,600 of new conduits being installed in the City.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Conduit Lease Agreement
B - Draft Resolution
C - Leased Conduit Exhibit
D - Equivalent New Conduit Exhibit
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Conduit Lease Agreement to permit Crown Castle NG West, LLC to utilize a section
of conduit owned by the City of Cupertino and located along Stelling Road, for the purposes of
expanding their fiber optic network in exchange for $12,600 of new conduits being installed in
the City.
Staff recommends that Council adopt Resolution No. 19-034 to authorize the City Manager to
execute a Conduit Lease Agreement, in substantial form as that attached, between the City of
Cupertino and Crown Castle NG West, LLC.
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Crown Agreement ID #: ________
CONDUIT LEASE AGREEMENT
This Conduit Lease Agreement (this “Agreement”), effective as of the date of the last signature below
(the “Effective Date”), is entered into by and between the City of Cupertino (“Lessor” or “City”), and
Crown Castle NG West LLC, a Delaware limited liability corporation (“Lessee”). In this Agreement,
City and Lessee are each individually referred to as a “Party” and are collectively referred to as the
“Parties.”
WHEREAS, City owns certain conduit located within the City of Cupertino, a municipal
corporation located in the State of California; and
WHEREAS, Lessee desires to lease from City, and City desires to lease to Lessee, certain
innerducts located within City’s conduit.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. DESCRIPTION OF CONDUITS AND INNERDUCTS.
City owns a two (2) inch conduit that begin at the following A-LOCs and terminate at the following
Z-LOCs, as more particularly described in Attachment 1 to this Agreement (collectively, the
“Conduits”). The Conduit contains a maxcell sleeve (the “Innerducts”).
2. LEASE OF INNERDUCTS
City agrees to lease to Lessee, and Lessee agrees to lease from City, one of the Innerduct cells within
an existing approximately 700’ long conduit along Stelling Road, under Highway 85 in Cupertino
(exact location more particularly described in Attachment 1). It is understood and agreed that City
shall maintain legal title to the Conduit and Innerducts, subject to this lease. Lessee may use one of
the cells of the Innerduct to provide telecommunication services.
3. FEES AND TAXES
Lessee shall pay any sales and use taxes lawfully levied by a duly constituted taxing authority against
or upon the Innerducts, if applicable. City shall be responsible for and shall timely pay any and all
franchise, license and permit fees relating to the Conduits.
4. TERM
The term of this Agreement (the “Term”) shall commence on the Effective Date and shall expire
fifteen years after the effective Date. Upon the expiration or termination of this Agreement, all rights
of Lessee to use the Innerducts shall cease. Provided however, the Parties may at such time agree to
extend the Terms of this Agreement or negotiate the terms of a new conduit lease agreement.
5. LEASE PAYMENT
Lessee shall provide to City a new 2” conduit and utility access boxes along the north side of Stevens
Creek Blvd, between DeAnza Blvd and Saich Way (approximately 1300LF) to the satisfaction of the
City (the “New Improvements”). The New Improvements are approximately valued at $12,600,
which is equivalent to the Term rental rate of $18/LF for the Innerduct cell.
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6. PERMITS, UNDERLYING RIGHTS, AND RELOCATION.
(a) Underlying Rights. City has obtained and will maintain all rights, licenses, authorizations, rights
of way, building access rights and other agreements necessary for the use of, access of,
construction and operation of the Conduits and Innerducts (the “Underlying Rights”). This lease
is subject to the terms of the Underlying Rights. Lessee agrees to use the Conduits and
Innerducts only in a manner consistent with the Underlying Rights. Lessee agrees not to cause or
allow any default under the Underlying Rights.
(b) Governmental Approvals, Permits, And Consents. Lessee shall obtain and maintain, at its sole
cost and expense, all necessary easements, licenses, and building access agreements, as well as all
governmental permits, licenses, easements, franchises, and approvals that may be required by
federal, state or local law, statute, regulation or ordinance (the “Laws”) and shall continuously
comply with all such Laws during the Term.
(c) Relocations. Should Lessor, the City of Cupertino, or regional, State, Federal or private projects
require the relocation of the Shared Conduit or Lessee’s System, Lessee shall be responsible for
the relocation of its own facilities at no cost to City. Provided however, relocation costs resulting
from a relocation request by a private developer and subsequent to the effective date of this
Agreement will be borne by the developer to the extent permitted by applicable law.
7. USE OF CONDUITS AND INNERDUCTS; MAINTENANCE
(a) Installation of Fiber. Lessee shall be responsible for the installation of Lessee’s fiber within the
Innerducts, at Lessee’s sole risk and expense. City shall have the right to supervise the
installation.
(b) Interference. Lessee shall not use the Innerducts in a way that knowingly interferes in any way
with or adversely affects City’s or Citys’ customers’ use of the Conduits. If Lessee’s use of the
Innerducts interferes in any way with or adversely affects City’s or City’s customers’ use of the
Conduits, then Lessee will resolve such interference as soon as commercially practicable.
(c) Maintenance. City shall be responsible for maintenance and repairs of the Conduits and
Innerducts, at City’s sole cost and expense. Such Conduits and Innerducts maintenance and
repairs shall be performed in a good and workmanlike manner. Lessee shall be responsible for
maintenance and repairs of any Lessee fiber located within the Innerducts, at Lessee’s sole cost
and expense. Such fiber maintenance and repairs shall be performed in a good and workmanlike
manner.
(d) Design and Construction Standards. Lessee shall comply with all of the construction, restoration,
inspection, and maintenance procedures and requirements set forth in the City’s Design and
Construction Standards and other City laws pertaining to the use of and work in the public right-
of-way. Prior to installing any infrastructure Lessee shall obtain all required permits.
(e) Inspection. Prior to installing fiber, Lessee shall inspect that segment of the City conduit,
document the condition of the segment in a format agreeable to both Parties, and provide such
documentation to the City. Such documentation shall include, for each segment in the Leased
Conduit:
1. Confirm that empty conduit contains pull ropes or is installed with the MAXCELL SLEEVE
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2. Confirm no obstructions.
8. Reserved.
9. REMOVAL/OWNERSHIP
Upon the termination or non-renewal of this Agreement, and at the City’s sole discretion, Lessee
shall, at Lessee’s expense, either remove all facilities owned by Lessee within the City conduit system
and the Lease Area, or abandon the facilities in place. All facilities abandoned in place which are not
otherwise owned by the City, shall become the property of the City .
10. DEFAULT.
A Party has defaulted under this Agreement if it fails to cure a non-monetary breach within 30 days
after notice, provided that if the breach is of a nature that it cannot be cured within 30 days, a default
shall not have occurred so long as the breaching Party has commenced to cure within said time period
and thereafter diligently pursues such cure to completion. In the case of a monetary breach, a Party
has defaulted by failure to pay any amount when due and payable within 10 business days of receipt
of notice from the other Party specifying such failure and requiring payment of such amount. Upon
an uncured default, the non-defaulting Party may pursue all remedies provided for in this Agreement
and/or any legal or equitable remedies.
11. INDEPENDENT CONTRACTOR
11.1 Status. Lessee is an independent Contractor and not an employee of City. Lessee is solely
responsible for the means and methods of performing the Work and for the persons under this
employment. Lessee is not entitled to worker’s compensation or any other City benefits.
11.2 Lessee’s Qualifications. Lessee warrants on behalf of itself and its subcontractors that they have
the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
11.3 Permits And Licenses. Lessee warrants on behalf of itself and its subcontractors that they are
properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License. Lessee shall possess a California Contractor’s License in good
standing for the appropriate classification(s), which must remain valid for the entire Agreement Time.
11.4 Subcontractors. Except as otherwise permitted under this Agreement, only Lessee’s employees
are authorized to work under this Agreement. Prior written approval from City is required for any
subcontractor, and the terms and conditions of this Agreement will apply to any approved
subcontractor.
11.5 Tools, Materials And Equipment. Lessee will supply all tools, materials and equipment required
to perform the Work under this Agreement.
11.6 Payment of Taxes. Lessee must pay income taxes on the money earned under this Agreement.
Upon City’s request, Lessee will provide proof of payment and will indemnify City for violations
pursuant to the indemnification provision of this Agreement.
12. AMENDMENTS.
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Amendments must be in writing and signed by City and Lessee. Lessee’s request for an amendment
must specify the proposed changes in the Work, Agreement Price, and Agreement Time. Each request
must include all the supporting documentation, including but not limited to plans/drawings, detailed
cost estimates, and impacts on schedule and completion date.
13. ASSIGNMENTS; SUCCESSORS
Lessee shall not assign, hypothecate, or transfer this Agreement or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of Lessee as a
legal entity is considered an assignment of the Agreement and subject to City approval, which shall
not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the
business entity. This Agreement is binding on Lessee, its heirs, successors and permitted
14. SUBCONTRACTORS
14.1 Lessee may hire qualified subcontractors to perform some or all of the Work, provided that each
subcontractor is required by Agreement to be bound by the provisions of this Agreement. Lessee must
provide City with written proof of compliance with this provision upon request.
14.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the
requirements of this Agreement. If City rejects a subcontractor, Lessee at its own expense must
perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of
Completion must be recorded within 15 days after City accepts the Work if the Agreement involves
work by subcontractor.
15. RECORDS AND DAILY REPORTS
15.1 Lessee must maintain daily reports of the Work and submit them to City upon request and at
completion of Project. The reports must describe the Work and specific tasks performed, the number
of workers, the hours, the equipment, the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports, but Lessee will be permitted to retain copies.
15.2 If applicable, Lessee must keep a separate set of as-built drawings showing changes and updates
to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be
identified for all major components of the Work, including mechanical, electrical and plumbing work;
HVAC systems; utilities and utility connections; and any other components City determines should
be included in the final drawings of the Project. Deviations from the original drawings must be shown
in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown
by dimension and elevation.
15.3 Lessee must maintain complete and accurate accounting records of its Work, in accordance with
generally accepted accounting principles, which must be available for City review and audit, kept
separate from other records, and maintained for four years from the date of City’s final payment.
16. INDEMNIFICATION
16.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Lessee shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers and consultants (“Indemnitees”), through legal counsel reasonably acceptable to
City, from and against any and all liability, damages, claims, stop notices, actions, causes of action,
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demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to
litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this
Agreement or in any manner relating to any of the following: (a) Breach of Agreement, obligations,
representations or warranties; (b) Performance or nonperformance of the Work or of any obligations
under the Agreement by Lessee, its employees, agents, servants, subcontractors or sub-
subcontractors; (c) Payment or nonpayment by Lessee or its subcontractors or sub-subcontractors for
Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic
loss resulting from the work or performance of Lessee or its subcontractors or sub-subcontractors.
16.2 Lessee must pay the costs City incurs in enforcing this provision. Lessee must accept a tender of
defense upon receiving notice from City of a third-party claim, in accordance with California Public
Contract Code Section 9201. At City’s request, Lessee will assist City in the defense of a claim,
dispute or lawsuit arising out of this Agreement.
16.3 Lessee’s duties under this entire Section are not limited to Agreement Price, Workers’
Compensation or other employee benefits, or the insurance and bond coverage required in this
Agreement. Nothing in the Agreement shall be construed to give rise to any implied right of
indemnity in favor of Lessee against City or any other Indemnitee.
16.4 Lessee’s payments may be deducted or offset to cover any money the City lost due to a claim or
counterclaim arising out of this Agreement, a purchase order or other transaction.
17. Reserved.
18. INSURANCE
Lessee shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B.
Lessee must provide satisfactory proof of insurance and maintain it for the Agreement Time or longer
as required by City. City will not execute the Agreement until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of
operations covered, and the effective and expiration dates of coverage. The limits outlined in Exhibit
B may be met by any combination of general liability and excess or umbrella liability insurance.
Failure to comply with this provision may result in City, at its sole discretion and without notice,
purchasing insurance at Lessee’s expense, deducting the costs from Lessee’s compensation, or
terminating the Agreement.
19. COMPLIANCE WITH LAWS
19.1 General Laws. Lessee shall comply with all laws and regulations applicable to this Agreement.
Lessee will promptly notify City of changes in the law or other conditions that may affect the Project
or Lessee’s ability to perform. Lessee is responsible for verifying the employment status of
employees performing the Work, as required by the Immigration Reform and Control Act.
19.2 Labor Laws.
(a) Agreements of $1,000 or more are subject to the requirements of the California Labor Code,
including but not limited to:
(i) Prevailing wage laws under Labor Code Section 1775, which require Lessee to pay prevailing
wages applicable in Santa Clara County for each craft, classification, or type of worker needed to
perform the Work, including health, pension and vacation. The prevailing wage rates are on file
with the City Engineer’s office and are available online at http://www.dir.ca.gov/DLSR;
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(ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contracts $30,000 or
more;
(iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812,
and electronically submit them to the Labor Commissioner as required by the regulations of
California, Department of Industrial Relations (“DIR”);
(iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code
Section 1725.5.
(b) Lessee must compensate workers who are paid less than prevailing wages or required to work
more than a legal day’s work. Lessee will also be required to pay City a penalty of $ 200.00 per
worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Agreement Lessee certifies as follows:
“I am aware of Labor Code Section 3700 which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisions before commencing the Work on this
Agreement.”
19.3 Discrimination Laws. Lessee shall not discriminate on the basis of race, religious creed, color,
ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender,
sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other
protected classification. Lessee shall comply with all anti-discrimination laws, including Government
Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with
City policy prohibiting harassment and discrimination, Lessee understands that harassment and
discrimination directed toward a job applicant, an employee, a City employee, or any other person, by
Lessee or Lessee's employees or sub-Lessees will not be tolerated.
19.4 Conflicts of Interest. Lessee, its employees, subcontractors, servants and agents, may not have,
maintain or acquire a conflict of interest in relation to this Agreement in violation of law, including
Government Code section 1090 and Government Code section 81000 and their accompanying
regulations. No officer, official, employee, consultant, or other agent of the City (“City
Representative”) may have, maintain, or acquire a “financial interest” in the Agreement, as that term
is defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Lessee, its employees, subcontractors, servants and agents
warrant they are not employees of City or have any relationship with City officials, officers or
employees that creates a conflict of interest. Lessee may be required to file a conflict of interest form
if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of
the California Code of Regulations. Lessee agrees to abide by City rules governing gifts to public
officials and employees.
19.5 Remedies. Any violation of Section 19 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Agreement. City reserves all rights
and remedies under the law and this Agreement, including seeking indemnification.
20. BONDS
For Agreements of $25,000 or more, Lessee must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Agreement Price, using the Bond Forms attached and
incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a
financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If
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an issuing surety cancels a bond or becomes insolvent, Lessee must provide a substitute bond from a
surety acceptable to City within seven calendar days after written notice from City. If Lessee fails to
do so, City may in its sole discretion and without prior notice, purchase bonds at Lessee’s expense,
deduct the cost from payments due Lessee, or terminate the Agreement. City will not execute the
Agreement nor issue the NTP until the required bonds are submitted.
21. UTILITIES, TRENCHING AND EXCAVATION
21.1 Lessee is responsible for promptly responding to line location requests. For underground service
alerts for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-
3269. Government Code Section 4215 requires Lessee to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Agreement.
21.2 Pursuant to Government Code Section 7104, Lessee must stop work, notify City in writing, and
wait for instructions if one of the conditions below is found at the worksite. City will work with
Lessee to amend the Agreement or issue a change order if the discovered conditions materially
change the Work/Performance, Agreement Time or Agreement Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those indicated
by information about the worksite made available to Lessee;
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially different
from those ordinarily encountered and from those generally recognized as inherent in the character
of the Work.
21.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Lessee must submit a detailed plan for City approval, per Labor Code Section 6705 prior to
commencing work. The plan must show the design of shoring, bracing, sloping and other provisions
for worker protection from caving ground and other hazards. The protective system must comply with
all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared
by a registered civil or structural engineer.
22. URBAN RUNOFF MANAGEMENT
22.1 All Work must fully comply with federal, state and local laws and regulations concerning storm
water management. Lessee must avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control, Lessee will use only the amount of
water necessary to dampen the dust. Lessee will take all steps necessary to keep wash water out of the
streets, gutters and storm drains. Prior to the start of the Work, Lessee will implement erosion and
sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls
based on weather conditions or as otherwise required by City. These controls must be in place during
the entire Agreement Time and must be removed at the end of construction and completion of the
Work. Such controls must include, but will not be limited to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy season,
October 15 through June 15, storm drain inlets impacted by construction work must be filter-
protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut
slurry and remove from the Work site;
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(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction
materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the streets,
collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and
when Work is completed. Clean up any leaks, drips, and other spills as they occur.
22.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks, local
program guidance materials from municipalities, and any other applicable documents on stormwater
quality controls for construction. Lessee’s failure to comply with this Section will result in the
issuance of noncompliance notices, citations, Work stop orders and regulatory fines.
23. PROJECT COORDINATION
City Project Manager. City assigns as the City representative for all purposes under this Agreement,
with authority to require compliance with the Scope of Work. City may substitute Project Managers
at any time and without prior notice to Lessee. Lessee Project Manager. Subject to City approval,
Lessee assigns as its single representative for all purposes under this Agreement, with the
responsibility to ensure progress with the Work. Lessee’s Project Manager is responsible for
coordinating and scheduling the Work and must regularly update the City Project Manager about the
status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be
approved in writing by City.
24. Reserved.
25. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by the laws of State of California without reference to its conflict of
laws principles. Venue for any legal action shall be the United States District Court for the Northern
District of California or the Superior Court of the County of Santa Clara, California. The dispute
resolution procedures of Public Agreement Code Section 20104, incorporated here by reference,
apply to this Agreement and Lessee is required to continue the Work pending resolution of any
dispute. Prior to filing a lawsuit, Lessee must comply with the claim filing requirements of the
California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported
by law and substantial evidence and include detailed written findings of law and fact.
26. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
27. SIGNS/ADVERTISEMENT
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No signs may be displayed on or about City’s property, except signage, which is required by law or
by the Agreement, without City’s prior written approval as to size, design and location.
28. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
29. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any Agreement
provision. City waiver of any breach shall not constitute waiver of another provision or breach.
30. WARRANTY
Lessee warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not
intrinsic in the design or materials. All Work, materials and equipment should pass to City free of
claims, liens or encumbrances. Lessee warrants the Work and materials for one year from the date of
City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is
provided by a supplier, manufacturer or is required by this Agreement. During the Warranty Period,
Lessee will repair or replace any Work defects or materials, including damage that arises from
Lessee’s Warranty Work, except any wear and tear or damage resulting from improper use or
maintenance.
31. ENTIRE AGREEMENT
This Agreement and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete Agreement between City and Lessee with respect to the Work and the Project. No oral
Agreement or implied covenant will be enforceable against City. If any attachment or incorporated
provisions conflict or are inconsistent with the terms of this Agreement, the Agreement terms will
control.
32. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Agreement to be illegal, invalid or unenforceable, the
legal portion of said provision and all other Agreement provisions will remain in full force and effect.
33. SURVIVAL
The Agreement provisions which by their nature should survive the Agreement or Completion of
Project, including without limitation all warranties, indemnities, payment obligations, insurance and
bonds, shall remain in full force and effect after the Work is completed or Agreement ends.
34. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Agreement will be deemed to be
included and will be inferred herein. Either party may request an amendment to cure mistaken
insertions or omissions of required provisions.
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35. CAPTIONS
The captions, titles, and headings in this Agreement are for convenience only and may not be used in
the construction or interpretation of the Agreement or for any other purpose.
36. COUNTERPARTS
This Agreement may be executed in counterparts, each of which is an original and all of which taken
together shall form one single document.
37. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be
considered effective on the date of personal delivery, the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino:
10300 Torre Avenue, Cupertino CA 95014
Attention: ______________________________
Copy to: _______________________________ Email: ________________
To Lessee: CROWN CASTLE NG WEST LLC
C/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
Attention: Ken Simon, General Counsel
Telephone: (724) 416-2000
Copy to: CROWN CASTLE NG WEST LLC
C/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
Attention: Small Cell Contracts Administration
Telephone: (724) 416-2000
38. VALIDITY OF AGREEMENT
This Agreement is valid and enforceable only if (a) it complies with the purchasing and Agreement
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or
an authorized designee, and (c) is approved for form by the City Attorney’s Office.
39. EXECUTION
The persons signing below warrant they have the authority to enter into this Agreement and to legally
bind their respective Parties. If Lessee is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Execution
Date first above written.
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LESSEE CITY OF CUPERTINO
By: ________________________ By: _______________________
Title: Title:
Signature Date: Signature Date
APPROVED AS TO FORM:
By: ________________________
ROCIO V. FIERRO
Cupertino City Attorney
ATTEST:
By: _____________________________
GRACE SCHMIDT
City Clerk
Heather Minner
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Attachment 1 – Description of Conduits
1. Conduit 1:
Conduit 1: 700 feet total:
A-LOC – As shown on Sheet 1.
Z-LOC – As shown on Sheet 2.
[Attach plans/map]
162
TOMKI CTCARRIAGE CIRPOLE #32
30'223'262'S STELLING RD
HUNTRIDGE LNE
E E
E
E
POLE #31
ZAYO DIRECTIONAL BORED &
PLACED (2) 1.25" HDPE FROM
(N) SB TO (N) SB (648'±)
ZAYO PLACED
(N) 4'X4' MH
SEQ: 14,896
SEQ: 14696
200' SLACK LOOP
SEQ: 8346
SEQ: 8016
230' SLACK LOOP
CL
CL
CL
E
ZAYO TRENCHED & PLACED
(2) 1.25" CNDT FROM (N) MH
TO (N) RISER (10'±)
R
DWYD
W
Y
CSW
CSW
CSW
CSW
CSW
E
FOC
FOCFOCFOC
FOC FOC FOC
FOCFOCFOCFOCFOCR
OW
ROWROW ROW
ROW
ROW
ROW
ROWROW
ROWROWROWROW54'
79'61'
34'66'45'69'
8'
30'
10'
3'
15'
8'
26'
SB
ZAYO DIRECTIONAL BORED &
PLACED (2) 1.25" HDPE FROM
(N) SB TO (N) MH (162'±)
ZAYO PLACED STANDARD
CUPERTINO TRAFFIC BOX
& TERMINATE 1-2" CNDT
Z
ZAYO 30"X48"X36"
(LABELED VAULT)
SEQ: 15,216'
SEQ: 15,066'
150' SLACK LOOP
POLE #30
(N) RISER
SEQ: 832 / 8,002
FIBER CONNECTION
ZAYO
APPLE JOB
CUPERTINO SEE SHEET C-10SEE SHEET C-12LEGEND:
NEW-BUILD =AERIAL ROUTE =
ATTACHMENT 1
A-LOC
SHEET 1
163
EDERWOOD CTS STELLING RD
E
ZAYO DIRECTIONAL BORED &
PLACED (2) 1.25" HDPE &
(1) 2" HPDE FROM (N) SB TO
(N) SB (648'±)
CL CL
CL
CSW
CSWCSW
CSW CITY OF CUPERTINOCALTRANS JURISDICTIONBOUNDARY LINEBOUNDARY LINECITY OF CUPERTINOCALTRANS JURISDICTIONEEEENORMAN Y MINETA HWY-CALTRANS HWY 85NORMAN Y MINETA HWY-CALTRANS HWY 85FOC
FOC
FOC
FOCFOCFOC
ROW
ROW
ROWROW 90'55'54'
9'
26'
8'
25'
8'
32'7'
15'
(1) 2" W/ROPE HDPE TO BE TEMINATED IN
STANDARD CUPERTINO TRAFFIC BOXES &
DEEDED OVER TO CITY OUTSIDE OF
CALTRANS ROW FOR FUTURE CITY USE ZAYO PLACED STANDARD
CUPERTINO TRAFFIC BOX
& TERMINATE 1-2" CNDT
ZAYO DIRECTIONAL BORED
& PLACED (2) 1.25" HDPE FROM
(N) MH TO (N) SB (357'±)
RE
G
N
A
R
T
C
R
E
E
K
ZAYO
30"X48"X36"
(LABELED
VAULT)
SEQ: 15,920
SEQ: 15,835
ZC
FIBER CONNECTION
ZAYO
APPLE JOB
CUPERTINO SEE SHEET C-9SEE SHEET C-11LEGEND:
NEW-BUILD =
SHEET 2
ATTACHMENT 1
Z-LOC
164
165
166
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4756 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/17/2018 City Council
On agenda:Final action:4/2/2019
Title:Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant
services on 2019 Pavement Maintenance Projects
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft PEI Master Agreement
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for
consultant services on 2019 Pavement Maintenance Projects
Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in
the amount not to exceed $315,105.00 from the date of execution through June 30, 2020, and
authorize the Director of Public Works to execute service orders necessary to carry out all
consultant services under the Agreement for the various street asphalt improvement projects
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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Master Professional/Specialized Services Agreement/ Rev. May 22, 2018
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MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT
WITH
1.PARTIES
This Master Agreement is made and entered into as of ___________________________ (“Effective
Date”), by and between the City of Cupertino, a municipal corporation (“City”), and
____________________________________ (“Contractor”), a ___________________________ for
.
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services,
attached and incorporated here as Exhibit A1-2, on an as-needed basis. The Services must comply
with this Agreement and with each Service Order issued by the City’s Project Manager or his/her
designee, in accordance with the following procedures, unless otherwise specified in Exhibit A1-2.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request
Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will
submit a written proposal that includes a specific Scope of Services, Schedule of Performance and
Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for
the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of
Services, Schedule of Performance, Compensation and any other conditions applicable to the Service
Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to
streamline these procedures based on the City’s best interests. Contractor will not be compensated for
Services performed without a duly authorized and executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on __________________
(“Contract Time”), unless terminated earlier as provided herein.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in
each Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and
in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the
Services on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$____________________ (“Contract Price”), based upon the Scope of Services in Exhibit A and the
budget and rates included. The maximum compensation includes all expenses and reimbursements
and will remain in place even if Contractor’s actual costs exceed the capped amount.
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4.2 Per Service Order. Compensation for Services provided under a Service Order will be based
on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the
Service Order.
4.2 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices
must state a description of the deliverables completed and the amount due for the preceding month.
Thirty days prior to expiration of the Agreement, Contractor must submit a requisition for final and
complete payment of costs and pending claims for City approval. Noncompliance with this
requirement relieves City of any further payment or other obligations under the Agreement.
5.INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture
of City. Contractor is solely responsible for the means and methods of performing the Services and for
the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s
compensation or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that
they have the qualifications and skills to perform the Services in a competent and professional manner
and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Services as required by law and have
procured a City Business License.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement.
Prior written approval from City is required for any subcontractor, and the terms and conditions of this
Agreement will apply to any approved subcontractor.
5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment
required to perform the Services under this Agreement.
5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this
Agreement. Upon City’s request, Contractor will provide proof of payment and will indemnify City for
violations pursuant to the indemnification provision of this Agreement.
6.PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the disclosure of
which to third parties may be damaging to City. Contractor shall hold in confidence all City
information and use it only to perform this Agreement. Contractor shall exercise the same standard of
care to protect City information as a reasonably prudent contractor would use to protect its own
proprietary data.
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7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City and shall not be shown to
any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of
this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a)The original Services for which Contractor was hired;
(b)Completion of the original Services by others;
(c)Subsequent additions to the original Services; and/or
(d)Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8.RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four years from the date of City’s final payment.
9.ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
7.OWNERSHIP OF MATERIALS
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(a) Breach of contract, obligations, representations or warranties;
(b)Negligent or willful acts or omissions committed during performance of the Services;
(c)Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors;
(d)Unauthorized use or disclosure of City’s confidential and proprietary information;
(e)Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim, in accordance with California
Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a
claim, dispute or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
12.INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
C, and must maintain the insurance for the duration of the Agreement, or longer as required by City.
City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance
and endorsements evidencing the type, amount, class of operations covered, and the effective and
10.PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
11.INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers and Contractors (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute
resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any
manner relating to any of the following:
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expiration dates of coverage. Failure to comply with this provision may result in City, at its sole
discretion and without notice, purchasing insurance for Contractor and deducting the costs from
Contractor’s compensation or terminating the Agreement.
13.COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the
City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14.PROJECT COORDINATION
City Project Manager. The City assigns _________________________ as the City’s representative
for all purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
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Contractor Project Manager. Subject to City approval, Contractor assigns _____________________
as its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with City instructions, service orders and the
Schedule of Performance. Contractor must regularly update the City’s project manager about the
status, progress and any delays with the work. City’s written approval is required prior to Contractor
substituting a new Representative which shall result in no additional costs to City.
15.ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable
time to assemble the work and close out the Services. With City’s pre-approval in writing, the time
spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the
total time expended to date in the performance of the Services.
16.TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
17.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by
law and substantial evidence and include detailed written findings of law and fact.
18.ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19.THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20.WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
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21.ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any ot her agreement(s) and understanding(s), either oral or written, between
the Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments
or exhibits thereto, the text of the main Agreement shall prevail.
22.INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
23.HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit or amplify the terms or provisions of this Agreement.
24.SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and
effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
25.SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26.NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Attention:___________________________
Email: ____________________________
To Contractor: ____________________________
______________________________________
______________________________________
Attention: ______________________________
Email: _________________________________
174
Master Professional/Specialized Services Agreement/ Rev. May 22, 2018
Page 8 of 8
27.VALIDITY OF CONTRACT
This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is
signed by the City Manager or an authorized designee, and (c) is approved for form by the City
Attorney’s Office.
28.EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By __________________________
Name ________________________
Title _________________________
Date _________________________
CONTRACTOR
By ________________________
Name______________________
Title ______________________
Date_______________________
Tax I.D. No.: ________________
APPROVED AS TO FORM:
Heather Minner
City Attorney
ATTEST:
______________________________
GRACE SCHMIDT
City Clerk
___________________________________________________________________________________________________
175
EXHIBIT A-1
SCOPE OF SERVICES
City of Cupertino Exhibit A-1 -Scope of Services
Inspection/Quality Control and Contract Administration Services
2019 Pavement Maintenance Project Phase 1– City Project No. 2019-103- PEI Inc. Page 1 of 2
The CONSULTANT shall provide certain Inspection/Quality Control and Contract
Administration services as required and requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an “as needed” basis
and only (1) upon written request from the CITY’s Director of Public Works or authorized Agent
as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed
SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Material
Testing Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the nature
of the specific services, the time limit within which such services must be completed, and
the compensation for such services. Unauthorized services performed by the
CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed
SERVICE ORDER. The CITY shall incorporate each authorized and fully executed
SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY’s designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Inspection/Quality Control services for 2019 Pavement
Maintenance Project Phase 1– City Project No. 2019-103. All services performed shall be
authorized by a fully executed SERVICE ORDER prior to work commencement and as detailed
in the Pavement Engineering Inc. transmittal dated February 26, 2019 (attached for
reference). Consultant services under this Master Agreement may include, but are not limited
to:
176
EXHIBIT A-1
SCOPE OF SERVICES
City of Cupertino Exhibit A-1 -Scope of Services
Inspection/Quality Control and Contract Administration Services
2019 Pavement Maintenance Project Phase 1– City Project No. 2019-103- PEI Inc. Page 2 of 2
A. Inspection/Quality Control Phase
1. Support asphalt testing of 2019 Pavement Maintenance Project Phase 2– City Project
No. 2019-103. Coordinate with designated City staff, City consultants and
Contractor as required. Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents.
c. Timely perform all required asphalt testing as required by Contract
documents.
d. At the direction of the Project Manager, assist with daily inspection reports.
e. At the direction of the Project Manager, collect and review material tags, test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of 2019 Pavement Maintenance Project – City Project No. 2019-103.
Services to include:
a. Attend and participate in field meetings.
b. At the direction of the Project Manager, assist with tabulation of bid quantities
as needed to review and recommend pay requests from contractor.
c. Timely refer Contractor questions in the field to the Project Manager.
d. Coordinate with Project Manager the Contractor implementation of the
various traffic control plans.
e. Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents /
businesses.
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
h. Ability to act on behalf of Project Manager during Project Manager absence.
i. Ability to match Project Manager & Contractor work schedule, including work
at night.
END OF EXHIBIT
177
EXHIBIT A-2
SCOPE OF SERVICES
City of Cupertino Exhibit A-2 -Scope of Services
Inspection/Quality Control and Contract Administration Services
2019 Pavement Maintenance Project Phase 2– City Project No. 2019-109. Page 1 of 2
The CONSULTANT shall provide certain Inspection/Quality Control and Contract
Administration services as required and requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an “as needed” basis
and only (1) upon written request from the CITY’s Director of Public Works or authorized Agent
as defined in Section 14, PROJECT COORDINATION and (2) as defined in a fully executed
SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Material
Testing Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the nature
of the specific services, the time limit within which such services must be completed, and
the compensation for such services. Unauthorized services performed by the
CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed
SERVICE ORDER. The CITY shall incorporate each authorized and fully executed
SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY’s designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Inspection/Quality Control services for 2019 Pavement
Maintenance Project Phase 2– City Project No. 2019-109. All services performed shall be
authorized by a fully executed SERVICE ORDER prior to work commencement and as detailed
in the Pavement Engineering Inc. transmittal dated February 26, 2019 (attached for
reference). Consultant services under this Master Agreement may include, but are not limited
to:
178
EXHIBIT A-2
SCOPE OF SERVICES
City of Cupertino Exhibit A-2 -Scope of Services
Inspection/Quality Control and Contract Administration Services
2019 Pavement Maintenance Project Phase 2– City Project No. 2019-109. Page 2 of 2
A. Inspection/Quality Control Phase
1. Support asphalt testing of 2019 Pavement Maintenance Project Phase 2– City Project
No. 2019-109. Coordinate with designated City staff, City consultants and
Contractor as required. Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents.
c. Timely perform all required asphalt testing as required by Contract
documents.
d. At the direction of the Project Manager, assist with daily inspection reports.
e. At the direction of the Project Manager, collect and review material tags, test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of 2019 Pavement Maintenance Phase 2 Project – City Project No. 2019-
109. Services to include:
a. Attend and participate in field meetings.
b. At the direction of the Project Manager, assist with tabulation of bid quantities
as needed to review and recommend pay requests from contractor.
c. Timely refer Contractor questions in the field to the Project Manager.
d. Coordinate with Project Manager the Contractor implementation of the
various traffic control plans.
e. Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents /
businesses.
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
h. Ability to act on behalf of Project Manager during Project Manager absence.
i. Ability to match Project Manager & Contractor work schedule, including work
at night.
END OF EXHIBIT
179
Exhibit B
City of Cupertino Service Order #1
Inspection, Quality Control and Contract Administration – PEI, Inc.
2019 Pavement Maintenance Project - Phase I,
City Project No. 2019-103 Page 1 of 2
(standard form consultant master agreement-S O October 2013)
MASTER AGREEMENT PO#: XX SERVICE ORDER PO#: ____1_______
Maximum Compensation: $242,045.00
Term: NTP: May 21, 2018 END DATE: June 30, 2020
Approval by: City Manager Director Date:
City Council Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-
5613
Contact: Joe Ririe Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control Services for 2019 Pavement
Maintenance Project - Phase 1, City Project No. 2019-103
Description: Time and reimbursables between May 21, 2019 and June 30, 2020 for
service in accord with Exhibit A-1 of the Master Agreement (attached
hereto for reference)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $315,105.00
Previously Encumbered on MA: $ 0
Amount of previously Encumbered balance expended: $ 0
Amount available to be Encumbered for a SO: $315,105.00
ENCUMBER: Account No. 270-85-821-900-921 SO # 1 $242,045.00
Total Expended and Encumbered to date: $242,045.00
Master Agreement Balance: $73,060.00
180
Exhibit B
City of Cupertino Service Order #1
Inspection, Quality Control and Contract Administration – PEI, Inc.
2019 Pavement Maintenance Project - Phase I,
City Project No. 2019-103 Page 2 of 2
(standard form consultant master agreement-S O October 2013)
APPROVALS
Consultant: Date:
Director of Public Works: Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name: Date:
181
Exhibit B
City of Cupertino Service Order #1
Inspection, Quality Control and Contract Administration – PEI, Inc.
2019 Pavement Maintenance Project – Phase II,
City Project No. 2019-109 Page 1 of 2
(standard form consultant master agreement-S O October 2013)
MASTER AGREEMENT PO#: XX SERVICE ORDER PO#: ____3_______
Maximum Compensation: $73,060.00
Term: NTP: May 21, 2018 END DATE: June 30, 2020
Approval by: City Manager Director Date:
City Council Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-
5613
Contact: Joe Ririe Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control Services for 2019 Pavement
Maintenance Project - Phase 2, City Project No. 2019-109
Description: Time and reimbursables between May 21, 2019 and June 30, 2020 for
service in accord with Exhibit A-1 of the Master Agreement (attached
hereto for reference)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $315,105.00
Previously Encumbered on MA: $ 242,045.00
Amount of previously Encumbered balance expended: $ 0
Amount available to be Encumbered for a SO: $73,060.00
ENCUMBER: Account No. 270-85-821-900-921 SO # 2 $73,060.00
Total Expended and Encumbered to date: $315,105.00
Master Agreement Balance: $0.00
182
Exhibit B
City of Cupertino Service Order #1
Inspection, Quality Control and Contract Administration – PEI, Inc.
2019 Pavement Maintenance Project – Phase II,
City Project No. 2019-109 Page 2 of 2
(standard form consultant master agreement-S O October 2013)
APPROVALS
Consultant: Date:
Director of Public Works: Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name: Date:
183
Insurance Requirements for Professional/Specialized Services Agreement
1
Version: Nov 2017
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance and results of
the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, contractual liability, property
damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately
to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be made available to the Additional Insured and shall be (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at
least as broad as ISO CG 20 01 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella
or excess insurance, provided each policy complies with the requirements set forth in this
Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no
owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees).
4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL policy with respect to liability arising out of the Services
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
184
Insurance Requirements for Professional/Specialized Services Agreement
2
Version: Nov 2017
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of
CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2. Insurance must be maintained for at least five (5) years after completion of the Services.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies
of the policies effecting the coverage required by this Contract), and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
185
Insurance Requirements for Professional/Specialized Services Agreement
3
Version: Nov 2017
1096207.1
186
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5094 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/4/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: First Amendment to the Verizon Wireless Ground Lease to facilitate improvements
necessary to collocate AT&T facilities on the existing cell tower located on the Civic Center Property
(10300 Torre Avenue), subject to the terms of any previously issued City planning permits.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – First Amendment Draft Lease
B – Draft Resolution
C – Photo Simulations of Completed Tower
D – Original Lease
E - Resolutions and Staff Report for Original Tower Application
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: First Amendment to the Verizon Wireless Ground Lease to facilitate improvements
necessary to collocate AT&T facilities on the existing cell tower located on the Civic Center
Property (10300 Torre Avenue), subject to the terms of any previously issued City planning
permits.
Staff recommends that Council adopt Resolution No. 19-035 to authorize the Interim City
Manager to execute a First Amendment to the Antenna Ground Lease between the City of
Cupertino and GTE Mobilnet of California Limited Partnership d/b/a Verizon Wireless
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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74211405.1
ANTENNA GROUND LEASE
Between THE CITY OF CUPERTINO and
GTE Mobilnet of California Limited Partnership,
a California limited partnership,
d/b/a Verizon Wireless
206
ARTICLE 1
1.1
1.2
ARTICLE2
2.1
2.2
2.3
2.4
ARTICLE 3
3.1
3.2
3.3
3.4
3.5
ARTICLE4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
ARTICLE 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
ARTICLE 6
6.1
6.2
6.3
74211405.l
TABLE OF CONTENTS
Page
PREMISES AND IMPROVEMENTS .............................................................. 1
Lease of Premises .................................................................................................... 1
Improvements ........................................................................................................... 1
TERM ................................................................................................................ 2
Initial Tenn .............................................................................................................. 2
Option to Extend ......................................................................................... : ............ 2
Commencement Date ............................................................................................... 2
Relocation of Mono-Eucalyptus and Adjacent structures ...................................... .2
RENTAL ................................................................................................ , ............ 2
Base Rent ................................................................................................................. 2
Annual Increase ....................................................................................................... 3
Transactional Costs ................................................................................................. .3
Late Charge .............................................................................................................. 3
Additional Consideration ......................................................................................... 3
USE ................................................................................................................... .3
Permitted Uses ........................................................................................................ .3
Access ...................................................................................................................... 4
Prohibited Uses ........................................................................................................ 4
Approval by the City and Other Agencies .............................................................. .4
Additional Antenna(s) to be added by City ............................................................ .4
Compliance with Laws ............................................................................................ 5
Condition, Use of Premises ...................................................................................... 5
Hazardous Materials ................................................................................... : ............ 5
MAINTENANCE, REPAIRS AND ALTERATIONS ...................................... 8
General ..................................................................................................................... 8
Surrender .................................................................................................................. 8
City's Rights ............................................................................................................ 8
City Repair Obligations ........................................................................................... 8
Security Measures .................................................................................................... 8
Ilnprove1nents .......................................................................................................... 9
City Access ............................................................................................................ 1 O
Lessee Access ........................................................................................................ 10
Lessee Access During Security Alert ................................................................... .10
INDEMNITY AND INSURANCE ................................................................. 10
Inde1nnity ............................................................................................................... 10
Waiver of Claims ................................................................................................... 10
Insurance ................................................................................................................ 1 0
-1-
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ARTICLE 7
7.1
7.2
7.3
ARTICLE 8
8.1
8.2
8.3
ARTICLE 9
ARTICLE 10
ARTICLE 11
11.1
11.2
11.3
11.4
ARTICLE 12
12.1
12.2
12.3
ARTICLE 13
13.1
13.2
13.3
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE20
20.1
20.2
20.3
20.4
20.5
74211405.1
TABLE OF CONTENTS
(continued)
Page
DAMAGE, DESTRUCTION AND TERMINATION .................................... 11
Nontermination and Nonabatement ....................................................................... 11
Force Majeure ...................................................................................... : ................. 11
Waiver .................................................................................................................... 11
TAXES .............................................................................................................. 11
Personal Property ................................................................................................... 11
Real Property ......................................................................................................... 11
Definition ............................................................................................................... 12
UTILITIES ....................................................................................................... 12
SIGNS .............................................................................................................. 12
ASSIGNMENT AND SUBLETTING ............................................................ 12
City's Consent Required ........................................................................................ 12
Net Worth Require1nents ....................................................................................... 13
No Release ofLessee ............................................................................................. 13
Right of First Refusal ............................................................................................. 13
DEFAULTS; REMEDIES ............................................................................... 13
Defaults .................................................................................................................. 13
Remedies ................................................................................................................ 14
No Relief from Forfeiture After Default ................................................................ 14
TERMINATION OF LEASE .......................................................................... 14
Termination by Lessee ........................................................................................... 14
Tennination by City ............................................................................................... 15
Condemnation of Leased Premises ........................................................................ 15
CITY'S LIABILITY ........................................................................................ 15
INTEREST ON PAST-DUE OBLIGATIONS ................................................ 16
HOLDING OVER ........................................................................................... 16
CITY'S ACCESS ............................................................................................. 16
QUIET POSSESSION ..................................................................................... 16
EASEMENTS .................................................................................................. 16
GENERAL PROVISIONS .............................................................................. 16
Severability ............................................................................................................ 16
Time of Essence ..................................................................................................... 16
Additional Rent ...................................................................................................... 17
Entire Agreement, Modification ............................................................................ 1 7
No Warranty ........................................................................................................... 17
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74211405.1
TABLE OF CONTENTS
(continued)
Page
20.6 Notices ................................................................................................................... 17
20.7 Waivers .................................................................................................................. 17
20.8 Cumulative Remedies .................................................................... ; ....................... 18
20.9 Choice ofLaw ........................................................................................................ 18
20.10 Condition to Effectiveness of Lease ...................................................................... 18
20.11 Attorneys' Fees ...................................................................................................... 18
20.12 Brokers ................................................................................................................... 18
20.13 Authority ................................................................................................................ 18
20.14 Non-Liability of Officials and Employees of the City ........................................... 18
20.15 Non-Discrimination ............................................................................................... 18
20 .16 Independent Contractor .......................................................................................... 18
20.17 Conflict of Interest ................................................................................................. 18
20.18 Men1orandum of Lease .......................................................................................... 18
20.19 Estoppel Certificate ................................................................................................ 18
-111-
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ANTENNA GROUND LEASE
2.Vlln
This Lease ("Lease") is made and entered into as of :Jo .. nu.cu· y !1, 2-0-1-5-, by and
between the City of Cupertino, California, ("City" or "Lessor"), and GTE Mobilnet of California
Limited Partnership, a California limited partnership, d/b/a Verizon Wireless ("Lessee").
RECITALS
The following recitals are a substantive portion of this Lease:
A. City is the owner of certain real property situated in Santa Clara County, State of
California, as more particularly described in Exhibit "A" attached and incorporated by this
reference.
B. Lessee is a limited partnership organized under the laws of the State of California
whose principal business is telecommunications.
C. Lessee requests the lease of certain real property owned by the City for the
construction, installation and operation of a cellular telephone communication facility.
D. City is willing to permit Lessee to lease the property in accordance with the
terms, conditions and covenants of this Lease.
E. Lessee acknowledges that this project will require a use permit from the City before
this Lease will be effective.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1
Premises and Improvements
1.1 Lease of Premises. City hereby leases to Lessee and Lessee leases from City for the term,
at the rental and upon all of the terms and conditions set forth, a portion of the real property located
at 10800 Torre Avenue, Cupertino, CA APN# 369-31-033, commonly known as Cupertino Civic
Center ("City Property"). Lessee shall lease approximately 743.0 square feet, with an aerial
easement of approximately 112.1 square feet, as described in Exhibit "B" attached and
incorporated herein (the "Premises").
1.2 Improvements. The Premises shall be used by Lessee only to locate multiple
equipment cabinets, landscaping, underground cable and conduit, and a mono-eucalyptus tower
(alternately, the "Mono-Eucalyptus" or "antenna structure") for the location of Lessee's antennas
("Improvements"). The Improvements are more particularly shown on plans, which have been
submitted for site development and use pennit approvals, as required by the City. A copy of the
plans is attached and incorporated by this reference as Exhibit "C". The plans shall reflect,
among other things, the height of Lessee's antennas on the antenna structure at 5 5 feet.
The plans shall also identify the trees surrounding the antenna structure which Lessee
may trim as it deems necessary, at its expense and in accordance with applicable local,
state or federal law, to a height of 44 feet. It is understood and agreed that the final plan for the
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Improvements will be the plans approved by the City through its site development and use permit
process( es).
ARTICLE2
Term
2.1 InitialTerm. The term of this Lease shall be for a period of approximately five (5) years
beginning on the Commencement Date and terminating on the fifth anniversary of the
Commencement Date, unless terminated earlier ("Term").
2.2 Option to Extend. Provided Lessee is not in default, either at the time of exercise or at the
time the extended Tenn commences, Lessee shall have the option to extend the initial Term of this
Lease for two (2) additional periods of five (5) years ("Option Period") on the same tenns,
covenants and conditions provided. City shall not unreasonable deny this extension. Lessee shall
exercise its option by giving City written notice ("Option Notice") at least sixty (60) days, but not
more than one hundred twenty (120) days, prior to the expiration of the initial Term of this Lease,
or the successive term.
2.3 Commencement Date. The Commencement Date of this Lease shall be the first of the
month during which the latter of the two dates listed occurs, which are: (i) the date of final
approval of any Building Permit, if required, provided that Lessee is diligently pursuing this
Building Permit after obtaining the necessary Use Permit; or (ii) the date of the vacation of the
wire clearance easement encumbering the City Property by the City (which easement imposes a
height limitation of 15 feet on Improvements located within the easement area).
2.4 Relocation of Mono-Eucalyptus and Adjacent structures. City, on one (1) occasion, may
relocate the Premises to another location on City Property (herein referred to as the "Alternate
Property"), provided:
2.4.1 the Alternate Property is similar to the Premises in size and is compatible for
Lessee's use in Lessee's sole discretion;
2.4.2 City shall pay all costs incurred by Lessee for relocating Lessee's equipment from
the Premises to a mutually agreeable site and improving the Alternate Property so that the
Alternate Property is substantially similar to the Premises, including all costs incurred to obtain all
of the certificates, permits and other approvals that may be required by any Federal, State or Local
authorities as well as any satisfactory soil boring tests which will permit Lessee use of the
Alternate Property as set forth in Section 1.2 above;
2.4.3 City shall give Lessee at least twelve (12) months written notice before requiring
Lessee to relocate;
2.4.4 Lessee must be provided advanced notice of the redevelopment process and layout
of City's intended expansion; and
2.4.5 Lessee's service will not be interrupted and Lessee shall be allowed if necessary to
place a temporary cell site and antenna structure on the City Property during relocation.
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ARTICLE3
Rental
3 .1 Base Rent. Commencing on the Commencement Date, Lessee shall pay to City as rent for
the Premises in advance on the first day of each calendar month of this Lease without deduction,
offset, prior notice or demand, in lawful money of the United States, the sum of Three Thousand
One Hundred Twenty Dollars ($3, 120.00) ("Base Rent"). Rent ·shall be provided to: City of
Cupertino, Finance Department, 10300 Torre Avenue, Cupertino, CA 95014-3202. Lessor and
Lessee agree and acknowledge that the initial rental payment(s) may not actually be sent until
forty-five ( 45) days after the Commencement Date.
3 .2 Annual Increase. During the Term of this Lease, including the Option Periods, the Base
Rent shall be increased annually by 4%, beginning on January 1, 2016 and effective each January
1st thereafter throughout the Term and any Option Period. The sum shall be adjusted annually
reslilting in a compound rate of increase. For example, the Base Rent for December 1, 2015 would
be Three Thousand One Hundred Twenty Dollars ($3120.00) per month and the rate on January 1,
2016 would be Three Thousand Two Hundred Forty Four Dollars and 80 cents ($3244.80.).
3.3 Transactional Costs. Lessee shall pay to City, as additional rent, any reasonable
transactional costs, which shall include any reasonable attorneys' fees incurred by City as a result
of the negotiation, preparation, execution and delivery of this Lease, any amendment, any future
consent of City required and the preparation and negotiation of an amendment to this Lease
("Transactional Costs") not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) without
prior written approval of Lessee. Lessee has provided a deposit to City to cover any transactional
costs. City shall furnish Lessee with an invoice reflecting the Transactional Costs deducted from
the deposit. In the event that the deposit is exceeded or costs are incurred without a deposit than
City shall provide an invoice to Lessee and Lessee shall make full payment to City of these costs
within forty-five ( 45) days from the date ofreceipt of City's invoice.
3.4 Late Charge. Lessee acknowledges late payment by Lessee to City ofrent will cause City
to incur costs not contemplated by this Lease, the exact amount of such costs being extremely
difficult and impracticable to fix. Such costs include, without limitation, processing, accounting
and late charges that may be imposed on City. If any installment of rent due from Lessee is not
received by City within ten (10) days after the date rent is due, Lessee shall pay to City an
additional sum of ten percent (10%) of the overdue rent as a late charge. This penalty shall not be
imposed for the first two payments under the Lease in order to permit Lessee to enroll the Lease in
its payment system. The parties agree this late charge represents a fair and reasonable estimate of
the costs City will incur by reason of late payment by Lessee. Acceptance of any late charge shall
not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent City
from exercising any of the other rights and remedies available to City.
3.5 Additional Consideration. As additional consideration for City's entering into this Lease,
Lessee agrees to pay to City the sum of Two Thousand Five Hundred Dollars ($2,500.00) upon
the earlier of: (a) sixty (60) days after full execution of this Lease by the City; or (b) issuance of
a certificate of occupancy. This amount shall be in addition to all other sums payable by Lessee to
City under this Lease, and shall be nonrefundable to Lessee unless the City Council fails to
approve the Lease or any requisite use permit.
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ARTICLE4
Use
4.1 Permitted Uses. Lessee shall use the Premises for installation, operation, maintenance and
use of a wireless communications facility, consisting of the equipment, improvements and
facilities and the utilities, cables and wires reasonably needed to support the operation of a
comrimnications facility. The installation of the Improvements shall be subject to the reviews and
approvals set forth in Section 4.4. Lessee shall be solely responsible for all costs associated with
the construction, installation, maintenance and use of the Improvements.
4.2 Access. City grants Lessee reasonable non-exclusive vehicular and foot access to the
Premises. Access shall be available to Lessee, Lessee's employees and invitees during normal
business hours, except if an emergency occurs. It is anticipated, after installation of the
Improvements is completed, that reasonable access shall occur once every two (2) weeks for the
purpose of ordinary tuning of the Lessee's equipment, appropriate maintenance of the
Improvements and the repair and replacement of communication equipment located on the
Premises. City acknowledges that off peak maintenance (non-business hours) of the site is
required approximately once per month. Lessee shall provide 24-hours' notice to City prior to off
peak maintenance except in cases of emergency.
4.3 Prohibited Uses. Lessee shall not use Premises for any purpose not expressly permitted.
Lessee shall not: (a) create, cause, or permit any nuisance or waste in, on or about the Premises or
permit the Premises to be used for any unlawful; (b) do or permit anything which unreasonably
disturbs the users of the City Property or the occupants of neighboring property; provided,
however, that Lessee's use of the Property pursuant to this Lease shall not be deemed an unreasonable
interference; specifically, and without limiting the above, Lessee agrees not to cause any
unreasonable odors, noise, vibration, power emissions or other item to emanate from the
Premises; and Lessee shall not store any materials or articles of any nature outside upon any
portion of the Premises.
4.4 Approval by the City and Other Agencies. Lessee, at its sole cost and expense, may install
the Improvements, subject to Lessee's obtaining all required permits, licenses and approvals from
the City of Cupertino as the permitting authority and not as lessor hereunder, and any other
governmental agencies having jurisdiction. Lessee shall maintain permits, licenses and approvals
in force through the term of this Lease, as may be extended. Should Lessee wish to subsequently
change the Improvements (excluding any minor modification which would not require an
amendment to the site development permit or a building permit, and which would not materially
expand or increase the Improvements or are wholly contained in Lessee's equipment cabinets), it
shall not do so without the prior approval of City and amendment of this lease and without
obtaining all required permits, licenses and approvals from the City of Cupertino as the permitting
authority and not as lessor hereunder, and any other governmental agencies with jurisdiction.
City's approval of these modifications shall not be unreasonably withheld. If a change in the
Improvements is approved, Lessee and City shall amend Exhibit "C" to reflect the change.
Should Lessee change or expand any Improvements without the prior approval of City, City may
require that Lessee remove the expansion at Lessee's sole cost and expense. Lessee shall be solely
responsible for conducting any environmental review required in association with Lessee's use of
the Premises and for all costs associated, as well as all fees, charges or other expenses imposed by
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the City as the regulatory agency or other regulatory agencies arising directly out of Lessee's use
of the Premises prior to the Lease commencement or at any time during the term of the Lease.
4.5 Additional Antenna(s) to be added by City. Subject to the conditions set forth in Section
4.8.8 herein, City shall have the right to install additional antennas at its sole cost and expense on
the Mono-Eucalyptus provided these antennas may only be utilized for a public purpose. The
16cation of the antenna(s) shall be approved by Lessee. The antennas shall not interfere with any
activity or use by Lessee. In the event that City's antenna(s) interfere with Lessee's use, City's
antenna(s) shall be adjusted or removed to ameliorate this interference.
4.6 Compliance with Laws. Lessee shall not do or permit anything to be done in, on the
Premises, or bring or keep anything in, on the Premises which will conflict with any law, statute,
ordinance or govermnental rule or regulation now in force or which may hereafter be enacted.
4.7 Condition, Use of Premises. Except for any warranties and representations expressly set
forth herein, City makes no warranty or representation concerning the condition of the Premises,
or the fitness of the Premises for the use intended by Lessee, and disclaims any personal
knowledge, it being expressly understood by the parties that Lessee has personally inspected the
Premises, knows its condition, finds it fit for Lessee's intended use, accepts it as is and has
ascertained that it can be used for the limited purposes specified in Section 4.1.
4.8 Hazardous Materials.
4.8.1 Hazardous Materials on Premises. City and Lessee shall not introduce any
Hazardous Materials (as defined below) to the Premises or the Property excluding any Hazardous
Materials that are components of commercially available products or are typically used, stored, or
handled in Lessee's industry or are typically stored or handled by the City, provided that
Hazardous Materials are transported, obtained, handled, stored and/or disposed of in accordance
with all federal, state and local laws, ordinances, rules, regulations or policies.
4.8.2 Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any
toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or
radioactive material, including but not limited to, those substances, materials or wastes regulated
now or in the future within the definitions of "hazardous substances," "hazardous waste,"
"hazardous chemical substance or mixture," "imminently hazardous chemical substance or
mixture," "toxic substances," "hazardous air pollutant," "toxic pollutant" or "solid waste" in the
following statutes and regulations: (a) "CERCLA" or "Superfund" as amended by SARA, 42
U.S.C. Secs. 9601 et seq.; (b) RCRA, 42 U.S.C. Secs. 6901 et seq.; (c) CWA, 33 U.S.C. Secs.
1251 et seq.; (d) CAA, 42 U.S.C. Secs. 7401 et seq.; (e) TSCA, 15 U.S.C. Secs. 2601 et seq.; (f)
The Refuse Act of 1899, 33 U.S.C. Secs. 407; (g) OSHA, 29 U.S.C. Secs. 651 et seq.; (h)
Hazardous Materials Transportation Act, 49 U.S.C. Secs. 5101 et seq.; (i) USDOT Table ( 49 CPR
Sec. 172.101 App. A and amendments) or the EPA Table (40 CPR Part 302 and amendments); U)
Carpenter-Presley-Tanner Hazardous Substance Account Act, Cal. Health & Safety Code Secs.
25300 et seq.; (k) California Hazardous Waste Control Act, Cal. Health & Safety Code Secs.
25100 et seq.; (1) Porter-Cologne Act, Cal. Water Code Secs. 13000 et seq.; (m) Hazardous Waste
Disposal Land Use Law, Cal. Health & Safety Code Sec. 25220 et seq.; (n) "Proposition 65,"
Cal. Health and Safety Code Sec. 25249.5 et seq.; (o) Hazardous Substances Underground
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Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq.; (p) California Hazardous
Substance Act, Cal. Health & Safety Code Secs. 108100 et seq.; (q) Air Resources Law, Cal.
Health & Safety Code Secs. 39000 et seq.; (r) Hazardous Materials Release Response Plans and
Inventory, Cal. Health & Safety Code Secs. 25500 et seq.; (s) TPCA, Cal. Health and Safety
Code Secs. 25208 et seq.; and (t) regulations promulgated pursuant to said laws or any replacement
thereof, or as similar terms are defined in the federal, state and local laws, statutes, regulations,
orders or rules. Hazardous Materials shall also mean any and all other substances, materials and
wastes which are, or in the future become regulated under applicable local, state or federal law for
the protection of health or the environment, or which are classified as hazardous or toxic
substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any
federal, state or local law, regulation or order or by common law decision, including, without
limitation: (i) trichloroethylene, tetracholoethylene, perchloroethylene and other chlorinated
solvents; (ii) any petroleum products or fractions thereof; (iii) asbestos; (iv) polychlorinated
biphenyls; (v) flammable explosives; (vi) urea formaldehyde; and (vii) radioactive materials and
waste.
4.8.3 Hazardous Materials Indemnity. Lessee shall indemnify, defend (by counsel
reasonably acceptable to City), protect and hold Lessor harmless from and against any and all
claims, liabilities, penalties, forfeitures, losses and/or expenses, including, without limitation,
diminution in value of the Premises, damages for the loss or restriction on use of the rentable or
usable space or of any amenity of the Premises, damages arising from any adverse impact or
marketing of the Premises and sums paid in settlement of claims, response costs, cleanup costs,
site assessment costs, attorney's fees, consultant and expert fees, judgments, administrative rulings
or orders, fines, costs of death of or injury to any person or damage to any property whatsoever
(including, without limitation, groundwater, sewer systems and atmosphere), to the extent arising
from, or caused or resulting, during the Lease Term, in whole or in part, directly or indirectly, by
the presence or discharge in, on, under or about the Premises by Lessee, Lessee's agents,
employees, licensees or invitees acting on Lessee's behalf or at Lessee's direction, of Hazardous
Material, or by Lessee's failure to comply with any laws pertaining to any Hazardous Materials
Law, whether knowingly or by strict liability. Lessee's indemnification obligations shall include,
without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary
Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or
decontamination of the Premises, and the presence and implementation of any closure, remedial
action or other required plans for the Premises, and shall survive the expiration of or early
termination of the Term. For purposes of the indemnity, any acts or omissions of Lessee or its
employees, agents, customers, sub lessees, assignees, contractors or subcontractors of Lessee while
acting on behalf of Lessee (whether or not they are negligent, intentional, willful or unlawful) shall
be strictly attributable to Lessee. Lessee's indemnity obligations shall not include claims,
liabilities, losses, damages, costs, or other expenses arising from the negligence or misconduct of
City or City's employees, agents, sublessees, assignees, invitees, subcontractors or contractors.
4.8.4 City's Right to Perform Tests. At any time prior to the expiration of the Term, City
shall have the right to enter upon the Premises in order to conduct tests of water and soil, which
tests shall not disrupt or interfere with Lessee's operations, and to deliver to Lessee the results of
such tests to demonstrate that levels of any Hazardous Materials in excess of permissible levels has
occurred as a result of Lessee's use of the Premises. Lessee shall be solely responsible for and shall
indemnify, protect, defend and hold City harmless from and against all claims, costs and liabilities
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including actual attorney's fees and costs arising out of or in connection with any removal,
remediation, clean up, restoration and materials required hereunder to return the Premises and any
other property of whatever nature to their condition existing prior to the appearance of the
Hazardous Materials to the extent such presence arises out of Lessee's use of the Premises. The
testing shall be at Lessee's expense if City has a reasonable basis for suspecting and confirms the
presence of Hazardous Materials in the soil or surface or groundwater in on, under, or about the.·
Premises, which has been caused by or resulted from the activities of Lessee, its agents,
employees, contractors or invitees acting on Lessee's behalf or at Lessee's direction.
4.8.5 Survival. This entire Section 4.8 of this Lease shall survive termination of the·
Lease, as to any activities during the term of this Lease.
4.8.6 Termination of Lease. City shall have the right to terminate the Lease in City's
sole and absolute discretion in the everit that: (i) any use of the Premises by Lessee involves the·
generation or storage, use, treatment, disposal or release of Hazardous Material in a manner or for
a purpose prohibited or regulated by any govermnental agency, authority or Hazardous Materials
Laws; (ii) Lessee has been required to take remedial action in connection with Hazardous Material
contaminating the Premises, if the contamination resulted from Lessee's action or use of the
Premises; or (iii) Lessee is subject to an enforcement order issued by any governmental authority
in connection with the release, use, disposal or storage of a Hazardous Material on the Premises.
Lessee shall have thirty (3 0) days after receipt of notice from City to cure or commence cure, prior
to City's ability to exercise its rights under this Section.
4.8.7 Covenant of Non-Interference. Lessee shall be responsible for inspecting City
Property and finding adequate space at the site without moving or relocating any of City's facilities
or equipment, or any other facility, or utility located at the City Property at the time Lessee's
facilities are installed. Lessee's equipment shall not cause incurable interference with any other
existing facility or antenna on the City Property as of the date of this Agreement. In the event that
Lessee's equipment does cause incurable interference with other facilities, Lessee shall be·
required to install, at its own expense, frequency filters or take other reasonable measures to
correct the problem. Lessee shall be required to coordinate with other existing utilities located at
the City Property, to ensure that Lessee's equipment does not interfere with the existing frequency
utilized by existing utilities. Lessor shall not permit the installation or subsequent equipment on
the City Property by Lessor or a third party which interferes with Lessee's operations.
4.8.8 Co-location. Lessee acknowledges that it has given City prior approval that it will
lease one (1) position on Lessee's antenna structure on the Premises to one (1) other
communications provider (the "First Other User"), subject to the First Other User's compliance
with the conditions below. Lessee further acknowledges and approves that City shall be entitled to
require Lessee to lease additional positions on Lessee's antenna structure on the Premises, subject
to the conditions below. The City may also require that the antenna structure be extendable to a
height of up to 80 feet, following the grant of a height exception. If Lessor wishes to require
Lessee to lease space on Lessee's antenna structure on the Premises to allow a second other
communications provider (the "Second Other User") to attach its communications equipment on
the antenna structure, Lessor shall submit a written request to Lessee listing the proposed
equipment to be placed on the antenna structure. The terms "First Other User" and "Second Other
User" are collectively referred to hereinafter as the "Other User." Lessee shall review such request
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and determine the following, including without limitation (1) whether the Other User's proposed
installation interferes or conflicts with Lessee's or other users' use of the antenna structure or the
Premises; (2) whether the antenna structure can withstand the structural load of Other User's
proposed equipment; or (3) if Other User's proposed equipment jeopardizes Lessee's permits or
any approval for use of the Premises. If testing or analysis, including without limitation a
structural analysis, intermodulation study, construction or zoning drawings, or any environmental
testing is required, Other User shall be responsible for the costs of such testing or analysis. Upon
approval, Lessee and Other User shall enter into a separate agreement permitting Other User to
attach its approved equipment to the antenna structure. Lessee shall have no liability of any nature
to Lessor for failure to allow Other User(s) to use Lessee' antenna structure. Lessee shall receive
100% of the rental for any Other Users' use of Lessee's antenna structure, and City shall receive
100% of the rental, negotiated by City and such Other User for the portion of the Other User's
lease of any City Property. All operations by Lessee shall be in compliance with all Federal
Communications Commission ("FCC") requirements. Should City add new facilities on the City
Property in the future, Lessee will not cause measurable electronic or physical interference with
City owned and operated equipment that is related to public health and safety and is located on the
City Property. Lessee shall reasonably cooperate with current and future users of the City
Property. Lessor will not grant a lease to any party for use of the City Property if the new use
would interfere with Lessee's operation of its communications facility. Any future lease of the
Site which permits installation of communication equipment shall be conditioned upon not
interfering with Lessee's operation of the Premises.
4.8.9 Electromagnetic Emissions. Lessee's operations on the Premises shall comply
with all applicable federal laws and regulations regarding electromagnetic emissions. After its
Improvements are constructed on the Premises, Lessee shall conduct all necessary tests to ensure
that its facilities are in compliance with those laws and regulations. The tests shall be conducted by
a licensed engineer, and the results shall be provided to the City.
ARTICLES
Maintenance, Repairs and Alterations
5 .1 General. Lessee shall keep in good order, condition and repair the Premises, and the
Improvements placed on the Premises. Lessee shall keep the Premises clean and free of debris.
5.2 Surrender. Within ninety (90) days after the last day of the Term, or any Option Tenn if so
extended, Lessee shall surrender the Premises to City in the same condition as when received,
clean and free of debris, reasonable wear and tear. Lessee shall also remove all Improvements and
cables and wires located above ground or below ground that Lessee placed upon the Premises, and
repair any damage to the Premises by the installation, maintenance or removal of Lessee's
Improvements and any related cables, wires or other equipment, and shall restore the Premises to
the same conditions as when Lessee received the Premises from City, reasonable wear and tear.
5.3 City's Rights. If Lessee is in default, subject to City mailing or delivering notice in
accordance with Section 20.6 herein and the expiration of any applicable cure periods, City may
(but shall not be required to) enter upon the Premises, (except in the case of an emergency, in
which case no notice shall be required), to perform obligations on Lessee's behalf and put the
Premises and/or Improvements in good order, condition and repair, and the cost, together with
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interest at the maximum rate then allowable by law, shall become due and payable as additional
rent to City with Lessee's next rental installment, provided, however, in the case of a non-
emergency, City shall notify Lessee of City's intention to perfonn Lessee's obligations ten (10)
days prior to performing any work on Lessee's behalf. If no rental installment is due to City, these
costs shall become due and payable within thirty (30) days from the date of City's invoice
accompanied by supporting documentation for such costs.
5.4 City Repair Obligations; City shall have no obligation to repair and maintain the Premises
nor the hnprovements and facilities. Lessee expressly waives the benefit of any statute now or
hereinafter in effect which would afford Lessee the right to make repairs at City's expense or
to terminate this Lease because of City's failure to keep Premises in good order, condition and
repair.
5.5 Security Measures. City shall have the right to require a reasonable security system,
device, operation or plan be installed and implemented to protect the Premises or the
Improvements. Should City, in its sole discretion, require Lessee to install a security system,
Lessee agrees to bear the sole cost of any security system, device, operation or plan and the
installation and implementation. Lessee shall obtain City's prior approval before installing or
implementing any security system, device, operation or plan. Any security and fencing depicted in
the exhibits attached hereto have been approved by City.
5.6 Improvements.
5.6.1 Lessee shall pay, when due, all claims for labor or materials furnished or alleged to
have been furnished to or for Lessee at or for use on the Premises, which claims are or may be
secured by any mechanic or material lien against the Premises or any interest therein. Lessee shall
give City not less than ten (10) days' notice prior to the commencement of any work on the
Premises, and City shall have the right to post notices of non-responsibility in or on the Premises.
If Lessee, in good faith, contests the validity of any lien, claim or demand, then Lessee shall, at its
sole expense, defend itself and City against it and shall pay any adverse judgment that may be
rendered before enforcement against the City. If City shall require, Lessee shall furnish to City a
surety bond satisfactory to City in an amount equal to the contested lien, claim indemnifying City
against liability for and holding the Premises free from the lien or claim. In addition, City may
require Lessee to pay City's attorneys' fees and costs in participating in the action if City decides
to participate.
5.6.2 Lessor shall submit to the City for the City's approval the plans prior to submitting
the Lease to the City for the City's approval. Before construction of any subsequent
Improvements are commenced on the Premises, and before any building materials have been
delivered to the Premises by Lessee or agents, Lessee shall comply with the following conditions
or procure City's written waiver of the conditions specified:
5 .6.2.1 Construction Schedule. A construction schedule approved by Lessee
and the City setting forth in detail a description of the Improvements and all steps for construction
of the Improvements, and Lessee's best estimate of the date upon which each step shall be
substantially completed is attached and incorporated herein as Exhibit "D". A construction
schedule shall not be required for like kind replacement following after initial installation.
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5.6.2.2 Protection of Adjacent Property, Indemnity of the City. Lessee shall
protect the City Property and adjacent property against damage resulting from the performance of
work undertaken by Lessee or Lessee's agents, employees, contractors excluding any damage
caused by gross negligence or the willful act of City, and shall indemnify the City against all liens
or liability arising out of the performance of the work or the furnishing of labor, services,
materials, supplies, equipment or power on behalf of Lessee.
5.6.2.3 Insurance. In addition to the insurance coverage otherwise required
under this Lease, Lessee shall maintain workers' compensation insurance covering all persons
employed in connection with the construction of any Improvements, repair or maintenance
activities with respect to whom death or injury claims could be asserted against the City, Lessee or
the Premises. City may require any third party(ies) performing work at the Premises to maintain
workers' compensation insurance as contractor's sole cost and expense at all times when any work
is in process and shall otherwise confonn to the requirements of this Lease for insurarice.
5.6.2.4 Final Inspection. Lessee shall not provide service to its customers from
the Improvements in any way without receiving a final inspection of the Improvements from the
City.
5.6.2.5 Notice of Changes in Plans. Upon completion of any Improvement,
Lessee shall give City notice of all changes in the plans and specifications made during the
course of the work and at the same time deliver to City "as built" drawings accurately reflecting all
changes, provided that no change that substantially alters the final plans last approved by the City
shall be made without the City's prior written approval.
5.7 City Access. The City or its agents, may enter into the Project at all reasonable times
during the term of this Lease Agreement for the purpose of determining whether or not Lessee is
complying with the terms and conditions or for any other purpose incidental to rights of the City.
City shall provide Lessee with at least two (2) business days' prior notice and shall have the ability
but not the obligation to accompany City during any such inspection.
5.8 Lessee Access. Lessee may enter into or upon the Premises during normal business
hours, Monday thru Friday from 8 a.m. to 5 p.m. upon reasonable notice to the City. In the event
of an emergency, Lessee's access shall be 24/7. Lessee acknowledges that other lessees and
licensees also have rights to access the Premises, and that if multiple lessees or licensees request
simultaneous access, the City may have to delay Lessee's access to the Premises to accommodate
all parties. City acknowledges that off peak maintenance (non-business hours) is required
approximately once per month. Lessee shall provide 24-hours' notice to City prior to off peak
maintenance except in cases of emergency.
5.9 Lessee Access During Security Alert. During times of high security alert by the Homeland
Security Advisory System, Lessee must obtain City's consent to access the Project.
ARTICLE6
Indemnity and Insurance
6.1 Indemnity. This Lease is made upon the express condition that Lessee shall indemnify and
hold harmless the City and its officers, agents and employees against any suits, claims or actions to
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the extent arising out of Lessee's use of the Premises or from any act permitted, or any omission to
act, in or about the Premises or the City Property by Lessee or its agents, employees, contractors or
invitees, including, but not limited to, any injury or injuries to, or death or deaths of, persons or
property that may occur, or that may be alleged to have occurred from any cause or causes
whatsoever, while in, upon, about or in any way connected with the Premises during the tem1 of
this Lease, or during any holdover tenancy thereof (except where caused solely by the active
negligence or willful misconduct of City, its employees or agents). Lessee agrees to defend any
actions, suits or claims and pay all reasonable charges of attorneys and all other costs and expenses
arising therefrom; and, if any judgment be rendered against the City or any of the other individuals
enumerated above in any action, except to the extent the judgment arises from the negligence or
willful misconduct of the City, its employees or agents, Lessee shall, at its sole cost and expense,
satisfy and discharge same.
6.2 Waiver of Claims. Lessee waives any claims against City for injury to Lessee's business or
any loss of income, for damage to Lessee's property, or for injury or death of any person in or
about the Premises or the City Property, from any cause whatsoever, except to the extent caused by
City's negligence or willful misconduct.
6.3 Insurance. During the term of this Lease, Lessee shall maintain in full force and affect the
following insurance policies:
6.3.1 Commercial general liability policy (bodily injury and property damage); and
6.3.2 Comprehensive automobile liability insurance policy.
These policies shall be maintained with respect to employees and vehicles using the Property with
coverage amounts and including the required endorsements, certificates of insurance and coverage
verifications as defined in Exhibit "E" attached and incorporated by this reference.
ARTICLE7
Damage, Destruction and Termination
7.1 Nontermination and Nonabatement. Except as provided herein, no destruction or damage
to the Premises by fire, windstorm or other casualty, whether insured or uninsured, shall entitle
Lessee to terminate this Lease, unless Premises are rendered unusable as a cell site.
7.2 Force Majeure. Prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts
of God, inability to obtain labor, materials or reasonable substitutes, governmental restrictions,
governmental regulation, governmental controls, judicial orders, enemy, or hostile governmental
actions, civil commotion, fire or other casualty, and other causes beyond the reasonable control of
Lessee, shall excuse the performance by Lessee for a period equal to the prevention, delay or
stoppage, except the obligations imposed with regard to rent to be paid by Lessee pursuant to this
Lease. In the event any work performed by Lessee or Lessee's contractor's results in a strike,
lockout, and/or labor dispute, the strike, lockout, and/or labor dispute shall not excuse the
performance by Lessee of the provisions of this Lease.
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7.3 Waiver. City and Lessee waive the provisions of any statutes which relate to termination
of leases when leased property is destroyed and agree that such event shall be governed by the
terms of this Lease.
ARTICLE 8
Taxes
8.1 Personal Property. Lessee shall pay prior to delinquency all taxes, license fees and public
charges assessed or levied against Lessee or Lessee's estate in this Lease or Lessee's
Improvements, trade fixtures, furnishings, equipment and other personal property.
8.2 Real Property. Lessee shall pay Lessee's share of any increased real property taxes (as
defined in Section 8.3 below) which become due and payable by Lessee. Should these taxes
become due and payable by the City then on or before the later of ten (10) days prior to the
delinquency, or three (3)days after the date on which Lessee receives a copy of the tax bill and
notice of City's determination including documentation reasonably supporting of the
determination hereunder that the tax has increased due to this Lease and installation of Lessee's
antenna. Lessee's liability to pay real property taxes shall be prorated on the basis of a three
hundred sixty-five (365) day year to account for any fraction or portion of a tax year included in
the Lease term at the commencement or expiration or earlier termination of this Lease. Lessee is
not responsible for taxes related to rental income to City under this Lease. Lessee specifically
acknowledges it is familiar with Section 107.6 of the California Revenue and Taxation Code,
realizes that a possessory interest subject to property taxes may be created, agrees to pay any tax,
and waives any rights Lessee may have under Revenue and Taxation Code 107.6.
8.3 Definition. The term "real property taxes" as used herein shall mean:
8.3.1 All increased taxes, assessments, levies and other charges, general and special,
foreseen and unforeseen, now or hereafter imposed by any governmental or quasi-governmental
authority or special district having the direct or indirect power to tax or levy assessments, which
are levied or assessed against or with respect to (i) value, occupancy, use or possession of the
Improvements, (ii) any improvements, fixtures, equipment and other real or personal property of
Lessee that are an integral part of the Premises, (iii) use of the Improvements public utilities or
energy within the Premises;
8.3.2 All increased charges, levies or fees imposed by reason of environmental
regulation or other governmental control of the premises and/or the Improvements, imposed due to
the Improvements installed by Lessee;
8.3.3 Intentionally omitted; and,
8.3.4 All costs and fees (including reasonable attorneys' fees) incurred by City in
contesting any increase in real property taxes at Lessee's written request and in negotiating with
public authorities as to any real property taxes affecting the Premises as a result of this Lease. If
at any time during the Term, the taxation or assessment of the Improvements prevailing as of
the commencement of this Lease shall be altered, then any tax or charge, however designated,
shall be included within the meaning of the term "real property taxes." If any real property taxes
are based upon the hnprovements, then only that part of such tax that is fairly allocable to the
12
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221
Improvements, as determined by City, on the basis of the assessor's worksheets or other available
information, shall be included within the meaning of the term "real property taxes."
ARTICLE9
Utilities
Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and
services supplied to the Premises, together with any taxes.
ARTICLE 10
Signs
Lessee shall not place any signs upon the Premises without prior written consent of City
except as required by law.
ARTICLE 11
Assignment and Subletting
11.1 City's Consent Required. Lessee shall not voluntarily or by operation of law assign,
transfer, mortgage, sublet or otherwise transfer or encumber all or any part of Lessee's interest in
this Lease or in the Premises, without City's prior written consent, which consent shall not be
unreasonably withheld. City shall respond to Lessee's request for consent in a timely manner and
any attempted assignment, transfer, mortgage, encumbrance or subletting without consent shall
be void and shall constitute a breach of this Lease.
11.2 Net Worth Requirements. Notwithstanding the foregoing, Lessee may assign or sublet the
Premises, or any portion thereof, without the City's consent, to any entity which controls, is
controlled by, or is under the common control with Lessee, or to any entity resulting from any
merger or cons.olidation with Lessee, or to any partner of Lessee or to apy partnership in which
Lessee is a general partner, or to any person or entity which acquires all of the assets of Lessee on
the City Property, or to any entity which obtains a security interest in a substantial portion of
Lessee's assets Any entity listed in this paragraph or its general partner, affiliate, or parent
company shall have a net worth of not less than Ten Million Dollars ($10,000,000) as evidenced
by publicly available financial or investor related statements or documentation, or by a net worth
letter from an officer of a publicly-traded affiliate of Lessee.
11.3 No Release of Lessee. No subletting or assignment as approved by City shall release
Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform
all other obligations to be performed by Lessee hereunder. The acceptance of rent by City from
any other person shall not be deemed to be a waiver by City of any provision hereof. Consent to
one assignment or subletting shall not be deemed consent to any subsequent assignment or
subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the
performance of any of the terms hereof, City may proceed directly against Lessee without the
necessity of exhausting remedies against said assignee.
11.4 Right of First Refusal. If Lessor elects, during the Term to grant to a third party by
easement or other legal instrument an interest in and to that portion of the Property occupied by
Lessee, or a larger portion thereof, for the purpose of operating and maintaining communications
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74211405.1
222
facilities or the management thereof, with or without an assignment of this Agreement to such
third party, Lessee shall have the right of first refusal to meet any bona fide offer of transfer on the
same terms and conditions of such offer. If Lessee fails to meet such bona fide offer within thirty
(30) days after written notice thereof from Lessor, Lessor may grant the easement or interest in the
Property or portion thereof to such third person in accordance with the terms and conditions of
such third party offer.
ARTICLE 12
Defaults; Remedies
12.1 Defaults. The occurrence of any one or more of the following events shall constitute a
material default or breach of this Lease by Lessee:
12.1.1 The abandonment of the Premises by Lessee as defined by Civil Code §1951.3.
12.1.2 The failure by Lessee to make any payment of rent or any other payment required
to be made by Lessee hereunder, as and when due, where the failure shall continue for a period of
ten (10) business days after receipt of written notice from City to Lessee.
12.1.3 The failure by Lessee to observe or perform any of the covenants, conditions or
provisions of this Lease in any material respect to be observed or perfonned by Lessee, other than
those described in Section 12.l(B) above, where the failure shall continue for a period of thirty
(30) days after receipt of written notice from City to Lessee; provided, however, that ifthe nature
of Lessee's default is that more than thirty (30) days are reasonably required for its cure, then
Lessee shall not be deemed to be in default, if Lessee commenced cure within the thirty (30) day
period and thereafter diligently prosecutes the cure to completion.
12.1.4 The making by Lessee of any general arrangement or assignment for the benefit of
creditors; Lessee's becoming a "debtor" as defined in 11 U.S.C. §1.01 or any successor statute
thereto (unless, in the case of a petition filed against Lessee, it is dismissed within sixty (60)
days); the appointment of a banlauptcy trustee or receiver to take possession of all or substantially
all of Lessee's assets located at or on the Premises or of Lessee's interest in this Lease where
possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other
judicial seizure of all or substantially all of Lessee's assets located at the Premises or of Lessee's
interest in this Lease, where seizure is not discharged within thirty (30) days.
12.2 Remedies. In the event of any material default or breach by Lessee, City may at any time
thereafter, following any notice required by statute, and without limiting City in the exercise of
any right or remedy which City may have by reason of default or breach:
12.2.1 Terminate Lessee's right to possession of the Premises by any lawful means, in
which case this Lease shall terminate and Lessee shall immediately surrender possession of the
Premises and Improvements to City. In that event, City shall be entitled to recover from Lessee all
damages incurred by City by reason of Lessee's default including, but not limited to, the cost of
recovering possession of the Premises, expenses of reletting, including if necessary, removal of
Improvements and restoration of the Premises, reasonable attorneys' fees, the worth at the time
of the award of the unpaid rent that had been earned at the time of termination of this Lease and the
worth at the time of award of the amount by which the unpaid rent for the balance of the term after
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223
the time of such award exceeds the amount of rental loss for the same period that Lessee proves
could be reasonably avoided.
12.2.2 Maintain Lessee's right to possession, in which case this Lease shall continue in
effect whether or not Lessee shall have abandoned the Premises. In that event, City shall be
entitled to enforce all of City's rights and remedies under this Lease, including the right to
recover rent as it becomes due.
12.2.3 Pursue any other remedy now or hereafter available to City under the laws or
judicial decisions of the State of California.
12.3 No Relief from Forfeiture After Default. Lessee waives all rights ofredemption or relief
from forfeiture under California Code of Civil Procedure § § 117 4 and 1179, and any other
present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of
the Premises by reason of any default or breach of this Lease by Lessee.
ARTICLE 13
Termination of Lease
13 .1 Termination by Lessee. Except as provided otherwise herein or by applicable law,
Lessee may terminate this Lease for cause upon the giving of not less than thirty (3 0) days
written notice to City if any of the following occur:
13 .1.1 The failure by City to observe or perform any of the covenants, conditions or
provisions of this Lease in any material respect to be observed or performed by City, where the
failure shall continue for a period of thirty (30) days after written notice from Lessee to City;
provided, however, that ifthe nature of the City's default is such that more than thirty (30) days are
reasonably required for its cure, then City shall not be deemed to be in default, if City commenced
to cure.within a thirty (30) day period and thereafter diligently prosecutes such cure to completion;
13 .1.2 Lessee fails to obtain or loses any permits necessary for operation of the Premises
as a cellular telephone communications facility.
13 .1.3 Lessee determines that the site is inappropriate for technological reasons, beyond
its control; including but not limited to signal interference.
13.2 Termination by City. Except as otherwise provided or by applicable law, City may
terminate this Lease for cause upon giving thirty (30) days written notice if any of the following
occur:
13 .2.1 The City Council of the City of Cupertino determines through credible scientific
evidence collected with regard to the cellular telecommunications facility operated at the
. Premises, that the facility is a threat to public health or safety. The City shall provide at least
30-days' prior written notice to Lessee of the intent to revoke the permit and Lessee shall have a full and
fair opportunity to provide contradictory scientific data prior to City Council action; or
13.2.2 Lessee loses or fails to satisfy any condition of any permit required by City
necessary for operation of the Premises as a cellular telephone communication facility.
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13 .3 Condemnation of Leased Premises. Should all or part of the Premises be taken by any
public or quasi-public agency or entity under the power of eminent domain under the term of this
lease:
13 .3 .1 Either City or Lessee may terminate this Lease by giving the other thirty (3 0) days'
prior written notice of termination; and
13.3.2 Any damages and compensation awarded or paid because of the taking shall belong
to the City, except for amounts paid Lessee for relocation expenses or for damage to property
owned by Lessee and the value of the unexpired term of this Lease.
ARTICLE 14
City's Liability
The term "City" as used herein, shall mean the City only while the City is the owner of the
fee title of the Premises. In the event of any transfer of title or interest, the City (and in case of any
subsequent transfer, then the grantor) shall, after the date of such transfer, be relieved from all
liability with respect to its obligations hereunder occurring after the transfer date, provided that
any funds in the hands of City at the time of transfer, in which Lessee has an interest, shall be
delivered to the City's grantee.
ARTICLE 15
Interest on Past-Due Obligations
Except as expressly provided, any amount due City when not paid when due shall bear
interest at the lesser of ten percent ( 10%) per year or the maximum rate allowable by law from the
date due.
ARTICLE 16
Holding Over
If Lessee remains in possession of the Premises or any part after the expiration of the term
or option term the occupancy shall be a tenancy from month to month with all the obligations of
this Lease applicable to Lessee and at a monthly rental obligation of 150% of the Base Rent in
effect at the time of expiration.
ARTICLE 17
City's Access
City and City's agents shall have the right to enter the Premises for the purpose of showing
to prospective purchasers, lenders or lessees, and making alterations, repairs, improvements or
additions to the Premises as City may deem necessary. City shall provide Lessee with at least five
(5) business days' prior written notice and Lessee shall have the ability but not the obligation to
accompany City during any such inspection.
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225
ARTICLE 18
Quiet Possession
Upon Lessee's paying rent for the Premises and observing and perfonning all of the
covenants, conditions and provisions on Lessee's part to be observed and performed, Lessee shall
have quiet possession of the Premises for the entire term subject to all of the provisions of this
Lease.
ARTICLE 19
Easements
City reserves to itself, the right, from time to time, to grant such easements, rights and
dedications outside of the Premises and subject to the terms of this Lease, that City deems
necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as the
easements, rights, dedications, maps and restrictions do not materially interfere with the use of the
Premises by Lessee. Lessee shall sign any of the aforementioned documents upon request of City
and failure to do so shall constitute a material breach of this Lease.
ARTICLE20
General Provisions
20.1 Severability. The invalidity of any provision of this Lease as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision.
20.2 Time of Essence. Time is of the essence under this Lease.
20.3 Additional Rent. Any monetary obligations of Lessee to City under the terms of this
Lease shall be deemed to be rent and all references herein to "rent" shall be deemed to include the
Base Rent and all other sums paid or payable.by Lessee to City.
20.4 Entire Agreement, Modification. This Lease contains all agreements of the parties with
respect to any matter mentioned herein. No prior agreement or understanding shall be effective.
This Lease may be modified in writing only.
20.5 No Warranty. Except as otherwise stated in this Lease, Lessee hereby acknowledges that
neither the City nor any employees or agents of the City has made any oral or written warranties or
representations to Lessee relative to the condition or use by Lessee of the Premises and Lessee
acknowledges that Lessee assumes all responsibility regarding the Occupational Safety and Health
Act, the legal use and adaptability of the Premises and compliance with all applicable laws and
regulations in effect during the term of this Lease.
20.6 Notices. Any notice required or permitted to be given, shall be in writing and may be
given by personal delivery or by first class mail, and if given personally or by mail, shall be
deemed sufficiently given if addressed to Lessee or to City at the address noted below:
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Lessee:
GTE Mobilnet of California Limited Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Re: DeAnza Stevens Creek
City:
David Brandt
City Manager, City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
With Copy to:
Randolph Stevenson Hom, City
Attorney 20410 Town Center Lane,
Suite 210 Cupertino, CA
95014-3255
Each notice shall specify the provision pursuant to which it is given. Either party may specify a
different address or contact person. A copy of all notices required or pennitted to be given to City
hereunder shall be concurrently transmitted to the party at the address as City designated by notice
to Lessee. Notice given under this section shall be deemed in compliance with applicable statutory
notice requirements, including Code of Civil Procedure § 1162.
20.7 Waivers. No waiver by City or Lessee of any provision shall be deemed a waiver of any
other provision or of any subsequent breach by City or Lessee of the same or any other provision.
City's or Lessee's approval of any act shall not be deemed to render unnecessary obtaining of their
consent of any subsequent act. The acceptance of rent by City shall not be a waiver of any
preceding breach by Lessee of a provision, other than the failure of Lessee to pay the particular
rent so accepted, regardless of City's knowledge of the breach at the time of acceptance of rent.
20.8 Cumulative Remedies. No remedy or election under this Lease shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
20.9 Choice of Law. This Lease shall be governed by the laws of the State of California. The
language of all parts of this Lease shall be construed with its fair meaning and not strictly for or
against the City or Lessee.
20.10 Condition to Effectiveness of Lease. The approval of the City Council of City constitutes
an express condition precedent to the effectiveness of this Lease.
20.11 Attorneys' Fees. If either party brings an action to enforce the terms or declare rights
hereunder, the prevailing party in any such action, shall be entitled to its reasonable attorneys'
fees and court costs to be paid by the other party.
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20.12 Brokers. Each party represents that it is has not had dealings with any real estate broker or
finder, with respect to this lease in any manner. Each Party shall hold harmless the other party
from all damages resulting from any claims that may be asserted against the other party by any
broker, finder, or other person with whom the Indemnifying Party has or purportedly has dealt.
20.13 Authority. Each individual executing this Lease on behalf of Lessee and City represents
and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said
party.
20.14 Non-Liability of Officials and Employees of the City. No official or employee of City
shall be personally liable for any default or liability under this agreement.
20.15 Non-Discrimination. Lessee covenants it shall not discriminate based upon race, color,
creed, religion, sex, marital status, age, handicap, national origin or ancestry in any activity under
this lease.
20.16 Independent Contractor. It is agreed that Lessee shall act and be an independent contractor
and not an agent nor employee of City.
20.17 Conflict of Interest. Lessee shall at all times avoid conflict of interest or appearance of
conflict of interest in performance of this agreement.
20.18 Memorandum of Lease. Following execution of this Lease, either party, at its sole
expense shall be entitled to record a Memorandum of Lease in the official records of Santa Clara
County. Upon termination or expiration of this Lease, Lessee shall execute and record a quitclaim
deed.
20.19 Estoppel Certificate. Lessee shall, from time to time, upon at least thirty (30) days receipt
of prior written notice from City, execute, acknowledge and deliver to City a statement in writing:
(a) certifying this Lease is umnodified and in full force and effect, or, if modified, stating the
nature of the modification and certifying that the Lease, as modified, is in full force and effect, and
the date to which the rental and other charges, if any, have been paid; and, (b) acknowledging that
there are not to Lessee's knowledge, any defaults, or stating if any defaults are claimed, any
statement may be relied upon by any prospective purchaser or encumbrancer of the City Property.
[Signature page follows]
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CITY OF CUPERTINO, CALIFORNIA
APPROVED AS TO FORM:
GTE Mobilnet of California Limited Partnership,
d/b/a Verizon Wireless
By: Cellco Partnership
Its: General Partner
"Lessee"
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74211405.1
David Brandt
City Manager
;/
'
229
74211405.l
Exhibit A
Property
[See attached]
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Exhibit A
Property
Real property in the City of Cupertino1 County of Santa Clara, State of Calrfomia 1 described as
follows:
PARCEL ONE:
LOT 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO. 3743 CUPERTINO TOWN
CENTER, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE Of THE RECORDER Of THE
COUNTY Of SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 161 1964, IN BOOK 186 Of
!VlAPS PAGE(S) 36 AND 37.
PARCEL nvo:
PARCELS A, B1 C & D, AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL MAP,
BEING ALL Of LOT 4, TRACT NO. 3743, CITY OF CUPERTINO'\ WHICH PARCEL MAP WAS FILED
FOR RECORD IN THE OFFICE Of THE RECORDER OF THE COUNTY Of SANTA CLARA, STATE OF
CALIFORNIA ON MARCH 7, 1974 IN BOOK 337 OF MAPS, AT PAGE 11.
APN: 369-31-033
231
74211405.l
Exhibit B
Premises
[See attached]
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232
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EXISTING BUILDING[ I TOPz2SS./
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APN; 369-31-033
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¥~
SCALE 1" = 60' OVERALL SITE PLAN
DATE Of SURVEY: 0:3-28-14
SURVMD BY OR UNDER DIRECTION Of: KENNETH D. GEIL. R.C.E.t'4a03
CONTRACTOR IS RESPONSIBLE TO VERIFY L.£ASE AREA PRIOR TO CONSTRUCTION.
BOUNDARY SHOWN IS BASED ON MONUMENTATION FOUND AND RECORD INFORMATION. lHIS IS NOT A BOUNDARY
SUR\£Y. THIS IS A SPEOAUZED TOPOGRAPHIC MAP WITH PROPERTY LINES ANO EASEMENTS BEING A GRAPHIC DEPICTION BASED ON INFORMATION V~
LOCATED IN THE COUNTY Of SANTA Ct.ARA. STATE OF
CALIFORNIA
BEARINGS SHOWN ARE BASED UPON MONUMENTS FOUND AHO RECORD lNfDIWATlON. THIS IS NOT A BOUNDARY SURVEY.
ELEVATIONS SHOWN ~ THIS PLAN ARE BASED UPON U.S.G.S. N..A.V.D. 88 DAT\IM. ABOVE Mu.N SEA LEVEL UNLESS OTllERWISE NOTED.
N.a.v.o. 1929 CORRECTION: SUBTRACT 2.74' FROM
£l.EVAT10MS SHOWN.
COtlTDUR INTERVAi.: N/A 10 TI-IE ORIGINAL SlTE AND CAFl.RIER FOR
\'MICH 11-IEY ARE PREPARED. REUSE. REPRODUCllON OR PU9UCATION BY ANY METHOD, IN \'MOLE OR !N PART, IS
PROHIBl1ED EXCEPT BY v.RITIEN
PERMISSION FROM GEIL ENGINEERING TITI.E
TO THESE PLANS AND/OR SPECIFICATIONS
SHAU. REMAlN 'MTH GEIL ENGINEERING WITI-IOUT PREJUDICE AND VISUAL
~1~ PROJECT :'ii Pl "'-'.AREA
ASSESSOR'S PARCEL NUMBER: 369-31-033
OWNER(S~
SITE CONTACT:
CITY OF CUPERTINO 10800 TORRE AVENUE CUPERTINO, CA 9501.4.
MARK CASEY 916-508-79-f!i
G!!UEnglneerlng
Engineering•SUrv=)'ing•Plcinning
1225 High Street
Auburn, C111lfoml11 95603-5015
Phone: (530) 885-0426 • Fox: (530) 823-13D9
Verf:r:on Wlrelen PCS Equipment A.S.A.C. survey Ferm
Project Ncrne: DeAn:r:ci Stewn" Creek
Project Site location: 108DO Torre Avenue
Cupertino, CA 95014 ScintciClciroCounty
Dcite of Observation: 03-28-14
CONTACT WITH THEM SHAU. CONSlllUTE PRIMA FACIE EVIDENCE Of ACCEPTANCE
OF THESE RESlRICTIONS.
Equipment/Procedure Und to Obtain Cocirdinote..:: Trimble G!tg-=XT poll
g(Qsrt""ed w!lh Pgthfindfl! Offiqr wttworrt
Tw11 cif Antenno Mount: Propoud Mono-Eucolwtu!!I Tower-
NM} B3 Csm!Wurt=
Latitude: N37"19'08.92"
Longltude:W 122· 01' 40.59"
NAO n rgpp11naj!lll
Latitude: N 37" 19' 09.13"
Langitude:W 122· 01' 38.73"
ELEVA110N of Gl'ound at a.,..., of Structure (NAWBB) 225' AMSL
CERTIFICATION: I, the unden;tgned, do hereby certify elevation Usted cibove i&
bci5"d an afield survey done undermysuper,riston and thotth11 cici;urocyof thci5" elevations meet or exi;:11ed 1-A Stondords as defined In the FAA ASAC
lnf111TT111tie>nSheet91:003,ondthcittheyciretrueondcicourotetothebntof my knowledge and belief.
Kenneth O. Gell Collfcim!ci RCE 14803
LEASE AREA DESCRIPTION
CLf'E:RrlNO. CA
ALL THAT CERTAIN LEASE AREA BEING A PORTION OF TMAT CERTAIN LDT 7 AS IS SHOWN ON THAT CERTAIN TRACT t.IAP RECORDED AT BOOIC 1B6 OF TRACT
MAPS AT PAGE 36. OFFICIAL RECORDS OF SANTA CU.RA COUNTY, B£JNG LOCATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CURA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS:
COMMENCING AT A STANDARD MONUMENT IN BOX SET ON THE MONUMENT LINE IN THE INTERSECTION OF RODRIGUES AVENUE AND TORRE AVENUE AS IS
SHOWN ON THE ABOVE REFERENCED TRACT MAP. FROM WHICH A SIMILAR MONUMENT BEARS SOUTH B9"03'2D" EAST 27B.7B FEO: THENCE FROM SA.JC POINT
OF COMMENC£MENT SOUTH B0-47'11" EAST 368.33 FEET TO THE TRUE POINT OF BEGINNING: THENCE FROM SAID POINT OF BEGINNING NORTH 01"22'3D"
EAST 12.67 FEET; THENCE SOUTH B8"37'30" EAST 31.54 FEET; THENCE SOUTH 01"22'3D" WEST 19.00 Frrr: THENCE SOUTH 88"37'3o· EAST 17.43 mm
THENCE SOUTH 01·22•30• WEST 10,66 FEET: THENCE NORTH 89'3D'5o· WEST 26.« FEET; THENCE NORTH D1".!16•32• EAST 17..40 FEET: TMENCE NORTH
B0""7'11• WEST 22.61 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE: EASEMENT FOR llTlUTY PURPOSES FIVE FEET IN WIDTii THE CENTERLINE OF WHICH IS DESCRIBED AS FOlLOWS:
BEGINNING AT A POINT WHICH BEARS SOUTH 01•22•.!ID" WEST "-17 f'EET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED LEASE AFl.EA MID
RUNNING THENCE NORTH 88"37"30" WEST 13.30 f'EET: THENCE NORTH 01"22'30" EAST 7.55 f'EEf; THENCE NORTH B8"37'30" WEST "3.41 FEET TO A POINT
HEREAFTER DEFINED AS POINT "A": Tf.IENCE CONTINUING NORTH 88"37'30" WEST so.n FEET; THENCE NORTH D1"22'30" EAST 6.12 f'EET MORE OR LESS TO
THE PUBLIC FUGKT OF WAY,
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR UTILITY PURPOS£S nvt FEET IN WIDTli THE CENTERLINE OF WHICH IS DESCRIBED AS FOU.OWS:
BEGINNING AT THE PREVIOUSLY DESCRIBED POINT "A" AND RUNNING THENCE NORTH 01"22'30" WEST 7.44 FEET MORE 'DR LESS TO THE PUSUC RIGHT OF WAY.
AL.SO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ACCESS a: UTILITY PURPOSES FIFTEEN FEET IN WIDTH THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 89'30'50" WEST 22.10 rEET FROM THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LEASE AREA
AND RUNNING THENCE SOUTH 01"22'30" WEST 1B.18 FEET: THENCE NORTH 88"51•15"' WEST 113.26 FEET: THENCE NORTM 01"08"45" EAST 58.3 FEET TO
THE PUBLIC RIGHT OF WAY,
ALSO TOGUHER WJTH A NON-EXCWSIVE EASEMENr ~OR ACCESS PURPOSES SIX FEET IN. WIDTH TliE CENTERUN.E OF WHICH IS DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT WHICH SEARS SOUTH 01"22."3o· WEST 9.3.!I FEET FROl.I THE NORTMWEST CORM.ER or THE ABOVE DESCRIBED LEASE AREA AND
RUNNING THENCE NORTH 88".37'30" WEST 12.BD FEET; THENCE SOUTH 01•22.'30"' WEST 39.DO F'EET.
ALSO TOGETHER WITH AN AERIAL EASEMENT HAVING A RADIUS OF 10.00 FEET AND BEING CENTERED ON THE PROPOSED TOWER LOCATION AS IS SHOWN HEREON.
VICINITY MAP
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PROPOSED 0 NON-EXCWSIVE VERIZON 'MRaESS UllLITY ROUTE H PROPOSED 5' NON-EXCLUSIVE VERIZON 'MRELESS UllLITI' ROU
/ARKING INDICATORS
ELECflruCAL eo:
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---c.!';.~-~ss~ENTT -~·" -I 1 '?.~ PROPOSQl ~IU f
/
't PROPOSED 15' NbN-EXCWSl\IE VERIZON
L NON-EXCLUSIVE VERIZON WIRELESS AERIAL I WIRELESS ACCESS & UTILITY EASEMENT EASEMENT 112.1 so. FT. +/-I I I lj --PEXISTING 10' P.U E. _ -----_L ""PLOYEE PARKING• ~<R 16'/TRACTS/'6 ~II= j --=:-~ ---f,fl I I / i'i~.:'~.;>;,~~,EA~:'..':i '-......_ / PER EJ42/0R/166
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---I EXISTING 5' WCE. RE CLEARANCE: EASEMENT)
-40' 1REE 1RIMMING RADIU I 1 / I "' '"/TRAClS/'6
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ALL ElEVA1lONS ARE A.M.S.L UNLESS NOlED OTHERWISE.
MAXIMUM TREE CANOPY HEIGHT• 27+'
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60UNOARY SHO'MI IS BASED ON MONUMENTATION FOUND AND RECORD INFORMA110N. lHIS IS NOT A BOUNDARY SURVEY. lHIS IS A SPECIALIZED TOPOGRAPHIC MAP WllH PROPERTY LINES ANO EASEMENTS BEING A GRAPHIC DEPICTION BASED ON INFORMATION SOURCES OF ONUMENTAllON
SUR~. NO :HED OR AND LINES OF ·1ED NOR SURVE'rED. NO PROPERTY MONUMENTS ...,,,.,,
"THESE ORAWINGS ANO/OR lHE ACCOMPANYING SPECIFlCATlON AS INSTRUMENTS OF" SERVICE, ARE 11-IE EXCLUSl\IE PROPER1Y OF GEIL ENGINEERING ANO 11-IEIR USE ANO PUBLICATION SHAU. BE RESTRIClED TO "THE ORIGINAL SllE AND CARRIER FOR
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~~~~~ ~og:T ~~I~~· IS , ~ ~I ,
PERMISSION FROM GEIL ENGINEERjNG TITI.E f----~---<
TO THESE PLANS AND/OR SPECIACATIONS SHALL REMAIN \YITH GEIL ENGINEERlNG Wlll-IOUT PREJUDICE ANO \1SUAL CONTACT WllH 11-iEM SHAU. CONSlllUlE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF" THESE RESTRICTIONS.
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SCALE 1" = 10' C-2 .._,_ "" eo 90
PROJECT AREA ENLARGEMENT
234
74211405.l
Exhibit C
Site Plans
[See attached]
23
235
EXISTING TELCO VAULT, PROPOSED VERIZON WIRELESS TELCO P.O.C.
EXISTING CURB, BY OTHERS, TO REMAIN
EXISTING ELECTRICAL VAULT,
PROPOSED VERIZON WIRELESS POWER P.O.C.
~ j ;: PROPOSED VERIZON WIRELESS ~ ~I :_i s·-o· WIDE NON-EXCLUSIVE
I I ' UTIUTY EASEMENT
j t ___ffi ENLARGED SITE PLAN ~ I:
,,, j ~ 1 PROPOSED VERIZON WIRELESS
~ ;, SIM. A4.1 UNDERGROUND POWER
I I I . I'
PROPOSED VERIZON
WIRELESS UNDERGROUND POWER & TELCO
40'-11·
1<-0\JR\Gl.ltS p._\J[\'11.l[
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EXISTING LIGH6~H~R~~g~~iJ!~ t .1 ~j f?RJZrl .,_.J¥j !
'--'
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NG LOT, BY 7 EXl5ci~~iR~~T~ REMAIN
"
. ;Ji "* ~~g~E J5ksEXISTING BLACKWOOD
EXISTING FENCE LINE, BY OTHERS, TO REMAIN
1--+---t----~:i~~gE 5~~~~CONTROL STORM
-#.Jl--+-+1------EXISTING 10' P.U.E.
EXISTING 5' WIRE --r--trt-+----+lf-----CLEARANCE EASEMENT
II I ~~~~~ ;gNRCERM~ CURB, BY
0'2' 10' 20' 1:..:. • .1 (2\ PARTIAL SITE PLAN
~SCALE:.1"=10.0' 1n = 10.0'
o' 20' 1 oo· 200· 1:..:. • .1
, .. = 100.0'
PARTIAL SITE PLAN~ W/PROPOSEO
EQUIPMENT COMPOUNDS ,::·:" • .,. ....
~ODRIGUES AVENUE ,"'(--22~i[~-,
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f' 170.23·.£. 7.80'ft PACIF!CA DRNE
~ (1\ OVERALL SITE PLAN
~SCALE:1n:::100.0'
39.51' I[_
36.91' ft
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File:lti2.B36..Att.""g
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Scale: ASHaTED
Oote:12/11/201s
Job No.162.!3S
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PROPOSED VERIZON
WIRE!.£SS RRH UNITS W/ A2
BACKPACKS
PROPOSED VERIZON WIRELESS ANTENNAS
PROPOSED VERIZON
WIRELESS SURGE PROTECTORS
NOTE: VERIZON WIRELESS TO INSTALL ''LEAF
SOCKS" ON ALL PROPOSED PANEL ANTENNAS
& RRH UNITS. ALL ANTENNAS & EQUIPMENT TO BE PAINTED FLAT GREEN
NOTE: BRANCHES SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY. NOT TO SCALE
EXISTING LIGHT STANDARD, BY OTHERS, TO REMAIN
WEST ELEVATION
A3.l) SCALE: 1/4-= 1 '-0"
PROPOSED VERIZON
WIRELESS RRH UNITS -----~
W/ A2 BACKPACKS
:l~~r~;SEDA~TE:~~ -----~
PROPOSEDS~~~lfO~;:~~~~ -----~
TREE POI E APPEARANCE ANO MAINTENANCE
THE APPLICANT SHALL CONSTRUCT A EUCALYPTUS sm.E TREEPOLE TO RAJSE THE HEIGHT OF THE ANTENNAS AND SHALL MITT Tl-1E FOLLOWING DESIGN CRITERA:
a. USE A SUFFICIENT NUMBER or ARTIFICIAL BRANCHES TO OBSCURE THE APPEARANCE or THE PANEL ANTENNAS AND ANY ASSOCIATED MOUNTING FRAMEWORK_ b. PANEL ANTENNAS MOUNTES AWAY FROM THE MAST SHALL BE COVERED BY LEAF
SOCKS TO BLEND WITH THE GREEN FOLIAGE OF Tl-1E ARTIFICIAL BRANCl-ES. c. THE MAST SHALL BE WRAPPED WITH A FAUX BARK ANO ANY ANTENNA MOUNTED CLOSE TO THE MAST SHALL BE PAINTED BROWN TO MIMIC A TREE TRUNK.
d. THE FOLLIAGE SHALL HAVE A MOffiED GREEN COLORATION.
(PER COA #6)
COLOCATION OF ANTfNNAE
THE TREEPOLE SHALL BE STRUCTYURALLY DESINGED TO ACCOMODATE THE COLLOCATION OF ADDITIONAL ANTENNAE FROM OTHER WIRELESS CARRIERS. THE CO-LOCATION AGREEMENT
SHALL BE AT MARKET RATES WITH REASONABLE COMPENSATION TO THE MAST OWNER.
(PER COA #3)
PROPOSED VERIZON WIRELESS
FAUX BARK ClADDING
(PER COA #6)
PROPOSED VERIZON
WIRELESS MONO-EUCALYPTUS
EXISTING TRASH ENCLOSURE,
BY OTHERS. TO REMAIN
PROPOSED VERIZON WIRELESS
BOKW DIESEL GENERATOR W/ LEVEL 2 ENCLOSURE ON A
6'-0"X13'-0" CONCRETE SLAB (PER COA #9)
PROPOSED VERIZON WIRELESS IPE WOOD SlAT FENCE
(PER COA H7)
PROPOSED VERIZON WIRELESS ARCTOSTAPHYLOS BUSHES
{PER COA #13)
EXISTING LIGHT STANDARD, BY
OTH~S. TO REMAIN
EXISTING TRASH ENCLOSURE, BY OTHERS, TO REMAIN
---~~OF PR0£_0SED B~
so.oo' AG.L:T
~~OF PRO!OSEO ME_NO-EU~
55.00' A::G.LT
CL~~OSED ~IZON ~ELESS ~ENNAS~
52.00'A.G.L
NOTE: VERIZON WIRELESS TO INSTALL "LEAF
SOCKS" ON ALL PROPOSED PANEL ANTENNAS
& RRH UNITS. ALL ANTENNAS & EQUIPMENT TO BE PAINTED FIAT GREEN
NOTE: BRANCHES SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY. NOT TO SCALE
PROPOSED VERIZON WIRELESS FAUX BARK CLADDING
{PER COA f6)
PROPOSED VERIZON WIRELESS MONO-EUCALYPTUS
SOUTH ELEVATION
A3.1 J SCALE: 1/4' = 1'-0"
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74211405.1
Exhibit D
Construction Schedule
[See attached]
24
238
Site Name: De Anza Stevens Creek
General Contractor: Supervisor's Name and Contact Number:
I ACTIVITY II Week 1 II Week 2 II Week 3 II Week 4 II Week 5 II Week 6 II Week 7 I
::slMITIWIT IF Is ::slMITlwlT IF Is ::slMITlwlT IF Is ::slMITlwlT IF Is ::slMITIWIT IF Is ::slMITIWIT IF Is ::slMITlwlT IF Is:
PreCon Meeting Completed Previous Week
Dig Alert/Utility Marks Comp-~ Telco Conduits
Electrical Conduits
Tower Foundation R Equipment Foundation
Generator Pad
~ Tewer Set
Equipment Set •.
Coax Cable Tray/Conduits
Antennas & Coax
Site Electrical IHIHI
Site Grounding --Landscape & Irrigation
Building Final fRl
NOTES:
VZW Construction Schedule Rev.O 9/3/05
239
Exhibit E
Insurance Requirements
Lessee shall purchase and maintain the insurance policies set forth below at its sole cost
and expense. Such policies shall be maintained for the full term of this Lease. The term "City"
shall include the duly elected or appointed council members, commissioners, officers, agents,
employees and volunteers of the City of Cupertino, California, individually or collectively.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES.
On or before the commencement of the terms of this Lease, Lessee shall furnish City with
certificates showing the type, amount, class of operations covered, effective dates and dates of
expiration of insurance coverage in compliance with this Exhibit. These certificates, which do not
limit Lessee's indemnification, shall also contain substantially the following statement: "Should
any of the above insurance covered by this certificate be canceled or coverage reduced before the
expiration date thereof, Lessee affording coverage shall provide thirty (30) days' advance written
notice to the City of Cupertino, "Attention: City Manager." Endorsements including the City as
additional insured shall be submitted with the insurance certificates. The following policies shall
be maintained with insurers authorized to do business in the State of California and shall be issued
under forms of policies satisfactory to the City:
74211405.l
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate -all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $2,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum
limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence or
25
240
Combined Single Limit: $1,000,000 each occurrence
2. SUBROGATION WAIVER:
Lessee agrees that in the event of loss due to any of the perils for which it has agreed to provide
comprehensive general and aut.omotive liability insurance, Lessee shall look solely to its insurance
for recovery. Lessee hereby grants to City, on behalf of any insurer providing comprehensive
general and automotive liability insurance to either Contractor or City with respect to the services
of Contractor herein, a waiver of any right to subrogation which any insurer of Lessee may
acquire against City by virtue of the payment of any loss under the insurance.
3. ABSENCE OF INSURANCE COVERAGE.
City may direct Lessee to immediately cease all activities with respect to this Lease if it determines
that Lessee fails to carry, in full force and effect, all insurance policies with coverages at or above
the limits specified in this Lease. Any delays or expense caused due to stopping of work and
change of insurance shall be considered Lessee's delay and expense. At the City's discretion,
under conditions of lapse, City may purchase appropriate insurance and charge all costs related to
such policy to Lessee.
4. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Lessee's insurance companies as evidence of the stipulated coverages
prior to commencement of this Lease, and annually thereafter for the term of this Agreement. All
of the insurance companies providing insurance for Lessee shall have, and provide evidence of, a
Best Rating Service rate of A VI or above. The Certificate of Insurance and coverage verification
and all other notices related to cancellation or non-renewal shall be mailed to:
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
74211405.1
26
241
i l/_
a
I ]
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
408) 777-3308
C U P E RT 1 t 1 J
FAX (408) 777-3333
Community Development Department
August 26, 2015
Complete Wireless
Attn:Jenny Blocker
2009 V Street
Sacramento, Ca. 95818
SUBJECT: PLANNING COMMISSION ACTION LETTER—ASA-201410,DP-2014-07,EXC-2014-12
This letter confirms the decision of the Planning Commission, given at the meeting of August 25; 2015,
approving a Architectural and Site Approval for the design of a personal wireless service facility
consisting of 6 panel antennas mounted on a tree pole designed for collocation and an enclosed base
equipment station and emergency power generator; Development Permit to allow a personal wireless
service facility consisting of 6 panel antennas mounted on an 80-foot tall tree pole designed for
collocation and an enclosed base equipment station and emergency power generator and a ; Height
Exception to allow six panel antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole,
where 55 feet is allowed for a wireless communications facility at Cupertino City Hall, located at 10300
Torre Avenue, according to Plannulg Cominission Resolution No.(s) 6786, 6787 and 6788.
Please be aware that if this Permit is not used wifihin a ten-year period, it shall expire on August 25,
2025.
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the decision. If this happens, you will be notified of a public hearing, which will be scheduled before
the City Council.
Sincerely,
Colin Jung
Associate Planner
Planning Department
Enclosures:Resolution 6786, 6787 and 6788
Cc: Verizon Wireless,2785 Mitchell Dr,Walnut Creek,Ca 94598
242
ASA-2014-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6786
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL FOR A NEW PERSONAL WIRELESS SERVICE
FACILITY CONSISTING OF SIX PANEL ANTENNAS MOUNTED ON A COLLOCATABLE,
80-FOOT TALL TREEPOLE AND AN ASSOCIATED EQUIPMENT ENCLOSURE AT
CIVIC CENTER, 10300 TORRE AVENUE
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-10
Applicant:Jenny Blocker (for Verizon Wireless)
Property Owner: City of Cupertino
Location: 10300 Torre Avenue
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received ari application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met fihe burden of proof required to support said application; and
WHEREAS,the Planning Coinmission finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2. The proposal is consistent with the purposes of Chapter 19.134,Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, the wireless facilities master plan, zoning ordinances,
applicable planned development permit, conditional use permits, variances, subdivision maps or
other entitlements to use which regulate the subject property including,but not limited to, adherence
to the following specific criteria:
a) Abrupt changes in scale have been minimized. The new treepole has been sited in an area with
existing tall trees.
b) Design harmony between the new treepole and existing trees has been preserved and the
materials, textures and colors of the new treepole harmonize with adjacent landscaping and
preserve t he future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of walls, fencing, hedges and screen planting
harmonize with adjacent development. Unsightly utility installations have been concealed.
243
Resolution No. 6786 ASA-2014-10 August 25,2015
Page 2
Ground cover or various types of pavements have been used to prevent dust and erosion, and the
unnecessary destruction of existing healthy trees have been avoided to the extent practical.
c) This new development, abutting an existing residential development,has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks,landscaping,fences and other appropriate design measures.
NOW,THEREFORE BE IT RESOLVED
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2014-10 is hereby approved,
and;
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application no. ASA-2014-10 as set forth in the
Minutes of Planning Commission Meeting of August 25, 2015 and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEK/ 10800 TORRE
AVENUE/CUPERTINO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535" prepared by MST
ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, C-1, C-2, A1.1, A2.1, A2.2,
A3.1,A3.2,A3.3, L1.1, except as may be amended by the conditions contained in this resolution.
2. 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 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.
3. COLOCATION OF ANTENNAE
The treepole shall be structurally designed to accommodate the collocation of additional antennae
from other,wireless carriers. The co-location agreement shall be at market rates with reasonable
compensation to the mast owner.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said aerial and associated facilities shall be removed. The applicant shall bear the entire cost
of demolition and removal.
5. EXPIRATION DATE
This architectural and site approval shall expire ten (10) years after the effective date of the approval.
The applicant may apply for a renewal of the approval at which time the Planning Commission may
244
Resolution No. 6786 ASA-2014-10 August 25,2015
Page 3 ;
review the state of wireless communication technologies, camouflage techniques and maintenance to
determine if the visual unpact of the aerial facility can be reduced.
6. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall construct a eucalyptus style treepole to raise the height of the antennas and shall
meet the following design criteria:
a) Use a sufficient number of artificial branches to obscure the appearance of the panel antennas and
any associated mounting framework.
b) Panel antennas mounted away from the mast shall be covered in leaf socks to blend with the green
foliage of the artificial branches.
c) The mast shall be wrapped with a faux bark and any antenna mounted close to the mast shall be
painted brown to mimic a.tree trunk.
d) The foliage shall have a mottled green coloration.
The building permit shall be reviewed and approved to the satisfaction of the Community
Development Director to ensure the above condition is met. The applicant shall perform regular
maintenance of the tree pole to maintain its appearance and obscure the panel antennas from public
view.
7. EQUII'MENT ENCLOSURE
The base equipment enclosure shall be constructed of high quality materials and/or be screened by
appropriate landscaping as determined by the City Council. The final enclosure design shall be
reviewed and approved by the Director of Community Development prior to issuance of building
permits.
8. TREE REMOVAL
The applicant shall apply to the City Streets and Trees Supervisor for permission to remove any Park
trees associated with the construction of this wireless facility.
9. ACOUSTICAL ENCLOSURE FOR EMERGENCY POWER GENERATOR
To meet City Noise standards, the power generator shall be enclosed with a Level 2 Acoustic
Enclosure. The addition of the acoustic enclosure shall be noted on the building plans.
10. SETBACK OF ENCLOSURE FENCING FROM TRASH ENCLOSURE &PARKING LOT CURBING
At the building permit stage, the applicant shall provide revised drawings of the equipment enclosure
demonstrating a minimum 2-foot setback of the enclosure fencing from the parking lot curbing and a
minimum 3-foot setback of the enclosure fencing from the trash enclosure fencing.
11. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2014-07 and EXC-2014-12 shall be applicable to
this approval.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT DEPT.
12. WIRE CLEARANCE EASEMENT
Prior to building permit approval, Applicant shall coordinate with Public Works staff to vacate or
otherwise address the wire clearance easement that affects the project.
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Resolution No. 6786 i ASA-2014-10
f,
August 25,2015
Page 4
13. LANDSCAPING AND IRRIGATION APPROVAL
Prior to building permit approval, Applicant shall coordinate with Public Works staff to obtain City
approval for new/replacement landscaping and irrigation for the project.
14. CONSTRUCTION STAGING PLAN
Prior to building permit approval, Applicant shall provide a construction management plan that
identifies the timing/duration of construction activities, and constxuction staging and temporary
construction improvement locations that shall be reviewed and approved by the Director of Public
Works.
PASSED AND ADOPTED this 25 day of August, 2015, at a regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
s/Gary Chao s/Wirinie Lee
Gary Chao Winnie Lee
Asst. Community Development Director Chair,Planning Commission
G:Planning/PDREPORT/RES/2014/ASA-2014-10 res.doc
246
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N CI TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
To: Planning Department
From: Kirsten Squarcia
Re: Subject: Consideration of Lease with Verizon Wireless for a cell tower to be located on
the Civic Center Property (10300 Torre Avenue) and conduct a public hearing on an
appeal of the Planning Commission's decision to provide Verizon with a development
permit, site approval, and height exception for the Civic Center cell tower and any
actions necessary for CEQA. A. Proposed Lease with Verizon Wireless for a cell tower
to be located on the Civic Center Property (Torre Avenue), subject to the terms of any
City-issued permits; and B. Appeal of the Planning Commission's approval of an
Architectural and Site application for a personal wireless service facility consisting of
6 panel antennas mounted on a tree pole designed for collocation and an enclosed
base equipment station and emergency power generator; a Development Permit to
allow a personal wireless service facility consisting of 6 panel antennas mounted on
an 80-foot tall tree pole designed for collocation and an enclosed base equipment
station and emergency power generator; and a Height Exception to allow 6 panel
antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole, where 55 feet
is allowed for a wireless communications facility at Cupertino Cit HaII (Applicant(s):
Jenny Blocker (Verizon); Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-
31-033)
Date: October 13, 2015
At its October 6, 2015 meeting, the Cupertino City Council took the following action:
DID NOT ADOPT RESOLUTION N0. 15-086 TO DENY THE APPEAL AND UPHOLD
THE PLANNING COMMISSION'S DECISION PER RESOLUTIONS #6786, #6787
AND #6788 (SINKS AND WONG VOTING YES, PAUL VOTING NO, CHANG
ABSENT, AND VAIDHYANATHAN RECUSING). (AS A RESULT OF THE MOTION
FAILING,THE PLANNING COMMISSION DECISION WAS UPHELD).
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1
Page 2
CONTINUED NEGOTIATION AND EXECUTION OF A LEASE AGREEMENT WITH
VERIZON FOR CELLULAR WIRELESS SERVICE AT THE CIVIC CENTER WITH
THE FOLLOWING DIRECTION TO STAFF AND 'THE APPLICANT (CHANG
ABSENT AND VAIDHYANATHAN IZECUSING):
ALLOW THE APPLICANT TO RUN TESTS AT A POLE HEIGHT OF 55 FEET
AND UP TO 65 FEET IN ORDER TO DET RMINE THE MINIMUM HEIGHT
REQUIREMENT FOR THE ANTENNA ARRAY
CONTACT AT&T TO SEE IF THEY CONTINUE TO BE INTERESTED AND
GET THEIR INPUT ON THE TWO POTENTIAL SOLUTIONS: (1) LOCATE
THE ANTENNA ARRAY ABOVE THAT OF VERIZON ON THE PROPOSED
TREE POLE; OR (2) BUILD ANOTHER TREE POLE IN T iE SAME AREA AT
THE MINIMUM HEIGHT REQUIRED.
BRING BACK THE FOLLOWING OPTIONS FOR REVIEW: (1) CONSTRUCT
THE POLE FOR VERIZON AT THE MINIMUM HEIGHT REQUIRED WITH
THE OPTION TO EXTEND THE HEIGHT FOR ANOTHER PROVIDER; OR (2)
BUILD ANOTHER TREE POLE FOR THE SECONI PROVIDER AT THE
MINIMUM HEIGHT REQUIRED.
248
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 6, 2015
Subject
Appeal of the Planning Commission’s approval of an Architectural and Site application for a
personal wireless service facility consisting of 6 panel antennas mounted on a tree pole
designed for collocation and an enclosed base equipment station and emergency power
generator; a Development Permit to allow a personal wireless service facility consisting of 6
panel antennas mounted on an 80-foot tall tree pole designed for collocation and an enclosed
base equipment station and emergency power generator; and a Height Exception to allow 6
panel antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole, where 55 feet is
allowed for a wireless communications facility at Cupertino City Hall (Applicant(s): Jenny
Blocker (Verizon); Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-31-033)
Recommended Action
Staff recommends that the City Council:
Conduct hearing and adopt Resolution No. 15-____ denying the appeal and upholding the
Planning Commission's decision per Resolutions #6786, #6787 and #6788; If appeal is denied,
authorize the City Manager to negotiate and execute a lease agreement with Verizon for cellular
wireless service at the Civic Center
Description
Appeal of the following Planning Commission Approvals:
Development Permit (DP-2014-07) to allow a personal wireless service facility, consisting of six
panel antennas mounted on an 80-foot tall tree pole, designed for collocation, with a base
equipment station and emergency power generator in a fenced enclosure at Cupertino City Hall
located at 10300 Torre Avenue.
Architectural and Site Approval (ASA-2014-10) to allow a personal wireless service facility,
consisting of six panel antennas mounted on an 80-foot tall tree pole, designed for collocation,
with a base equipment station and emergency power generator in a fenced enclosure at
Cupertino City Hall.
Height Exception (EXC-2014-12) request to allow antennas to be mounted at a height of 66 feet
on a planned 80-foot tall tree pole, where 55 feet is allowed.
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Appellant: Lei Wang
Applicant: Jenny Blocker, Complete Wireless (for Verizon Wireless)
Property Owner: City of Cupertino
Property Location: Northeast corner of 10300 Torre Avenue, APN 369-31-033
Discussion
Background
On August 25, 2015, the Planning Commission considered a proposal to develop a new Verizon
personal wireless service facility, designed for collocation, in an existing landscaped area at
Cupertino City Hall (Attachment B). Detailed discussion and testimony during the meeting can
be reviewed in the Planning Commission meeting minutes (Attachment C).
Seven residents spoke at the hearing, the primary concerns raised at the Commission meeting
(See Attachments C & D) relate to the following:
Desire for better cell phone coverage in the area;
Proximity to residences;
Explore alternate sites, including parks;
Perceived hazards of radio frequency energy of the project; and
Insufficient noticing.
After considering all of the facts of the project and public testimonies, the Planning Commission
approved this project on a 5-0 vote in accordance with the attached resolutions (Attachments E,
F & G). Documents supporting the Commission’s decisions are attached below (Attachments E
through S). The Planning Commission approval was appealed by one resident on September 4,
2015 (Attachment T).
Staff Responses to the Appeal
The appellant is an adjacent neighbor who lives in the residential development across
Rodrigues Avenue north of the project site. Her appeal points are summarized below with staff
comments in italics. The full text of the appeal points can be found in Attachment T.
1. The facility violates the Cupertino Wireless Master Plan (CWMP)
The appellant contends:
That the project does not protect community aesthetics and promote safety because the
project is not well-sited and well-designed to fit unobtrusively in the Cupertino
environment.
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The project is a new structure in a residential area, which the CWMP considers to be the
Least Preferred location for wireless service facilities. The proposed facility is bordered
in three quadrants by residences.
The appellant contends that the project violates policies in the CWMP as follows:
Policy 5-2: Only unobtrusive personal wireless service facilities shall be considered in
residential neighborhoods.
-Residential areas border the proposed facility in three quadrants. The proposed facility will
dominate the area that surrounds it, towering over buildings and vegetation.
Policy 6-1: Personal wireless service facilities should be sited to avoid visually intrusive
impacts as viewed from the public right-of-way and from residential neighborhoods.
The artificial eucalyptus tree will conflict with its surroundings, which will be a sparsely
landscaped area when the project is finished.
Policy 6-2: Personal wireless service facilities shall be appropriately scaled to fit harmoniously
with the surrounding elements of the site and neighborhood.
-The proposed tree appears at least twice the size of surrounding trees and buildings (if not
more) and thus not appropriately scaled. Many of the trees that are currently located in that
area will have to be removed for installation, further removing any cover the area currently
provides.
Policy 6-3: Personal wireless service facilities shall be compatible with their surroundings so
that their shape, size, color, material and texture blend with their surroundings.
-An 80-foot artificial eucalyptus tree will not blend with the far smaller acacia trees and one-to-
two-story buildings that surround it.
The appellant contends that the project does not follow the design guidelines of the CWMP in
that the proposed tree pole is not of a form similar to surrounding trees. The faux tree is
eucalyptus and the surrounding trees are acacia. The design guidelines also recommend that
the artificial tree should not be significantly taller than the surrounding vertical elements (i.e.
buildings, trees, structures, etc.). The proposed artificial tree is clearly in violation of this
guideline and is significantly taller than surrounding trees and structures.
Santa Clara County also has a document called the Wireless Telecommunications Facilities
Design Guidelines, which requests facilities “blend with and/or complement the color design
and/or character of the surrounding context, whether natural backdrop, building or existing
facility.” The document gives several examples of tree poles that are or are not cited properly
highlighting “the importance of blending with surroundings.” The example given of a poorly
sited tree pole notes: “The constructed “tree” bears no relationship to the size, shape and
character of surrounding physical elements.” The proposed City Hall facility is one such poorly
situated tree.
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Community wireless facility plans like those prepared by Cupertino and Santa Clara County
exist to protect neighborhoods and residences from unsightly and oversized facilities that
threaten their aesthetic and property values. Furthermore, nowhere in the various policies and
guidelines does it state that siting and design requirements can be ignored for 20-30 years as
new landscaping grows to cover and surround the 80-foot artificial tree. They all require that
such conditions exist or are put in place immediately. In these documents, all of the examples
of properly located artificial trees show them among mature, full grown trees of comparable
size to the artificial tree.
Staff Comments: The proposed wireless facility is located completely on city property at Civic Center and
the project site is bordered on two sides: north and east by residential developments. The CWMP
considers new wireless structures on non-residential land as the second most preferred location for cell
facilities. The CWMP identifies city-owned properties, including parks and city utility structures, as
viable candidates for cell site locations. Altogether, the City hosts five wireless facilities on City-owned
properties: three at the Service Center, one at Memorial Park and one on the Bollinger Road right-of-
way.
A tree-like camouflage was selected by staff for this monopole because of the environmental setting in a
civic landscaped area with mature trees, and residences located across the street and creek. The
eucalyptus tree-form was selected as it would be the most effective form (i.e. tall and dense canopy) to hide
two vertically-stacked antenna arrays, consisting of an upper array of 12, 8-foot tall antennas (AT&T)
and a lower antenna array of 6, 8-foot tall antennas (Verizon). The tree pole will have a realistic
appearance and its height of 80 feet is comparable to living eucalyptus trees which normally range from
30 to 200 feet in height. The attached photosimulations and photograph of an actual tree pole illustrate
what Verizon is proposing at City Hall (Attachments M, N, & O).
The tree pole is proposed at this height to accommodate two wireless carriers’ on the same tree pole and
provide satisfactory wireless coverage and service capacity. At 80 feet the tree pole is expected to be about
twice the height of the tallest city trees in the vicinity. Collocation of antennas on a single taller tree pole
is a design consideration intended to reduce potential obtrusive visual impacts of wireless facilities. If the
design consideration does not accomplish that design objective, then the Council should consider either:
1) two tree poles on-site of lower height, which reduces visual height, but increases the visual bulk
of the facility; or
2) Limiting the site to just one wireless carrier.
The 3-story attached housing complex to the north is already visually buffered from the proposed wireless
facility by an equally tall landscaped perimeter of mature trees in the residential common area. Still, staff
has concluded that new landscaping (trees) planted in the landscaped setback between the enclosure and
Rodrigues Avenue will help the tree pole to blend into the visual landscape from all vantage points. The
existing trees proposed for removal are shorter in stature and offer limited vegetative screening of the tree
pole. New trees that can grow to taller heights can do a better job of reducing any visual disparity in tree
heights.
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2. The facility will aesthetically damage the surrounding residential neighborhood.
The proposed wireless facility will not blend in to its surroundings and will tower over
surrounding trees and buildings, damaging the appearance of the neighborhood. The
Planning Commission defer review and approval of the landscape plan to the City Council
and the Public Works Department”--- however, landscaping is key in this proposal if it is to
“blend in” as plans require. Several of the acacia trees that were cited as providing
camouflage and cover will be removed for the installation of the facility. With drought
restrictions, we question if and when new trees will be planted. New landscaping will not
offer immediate visual relief. With technology changing at such a rapid rate, we questioned
if the facility will even be in use in 20-30 years.
Staff Comments: The proposed tree pole structure supporting the antennas is proposed at 80 feet tall.
The tree pole is cloaked with artificial branches and plastic leaves to give it a more realistic tree-like
appearance. The plastic leafing adds five feet to the overall height; otherwise, it would appear to be
tree with a flat-top. The tallest trees closest to the tree pole are blackwood acacias that are about half
the height around 40 feet tall. The tree pole is visually screened from the 3-story attached housing
project to the north by the residences’ own onsite landscape screen of mature trees upwards of 50 feet
tall.
The city trees north of the enclosure that are proposed to be removed are shorter in stature and are a
combination of blackwood acacias and Brazilian Peppers from 20-40 feet in height, which contribute,
but cannot completely screen an 80-foot tall tree pole. Staff agrees with the appellant that new
landscaping with taller trees will help the tree pole to blend better in the visual landscape. If the City
Council agrees, staff recommends consulting with the City Streets and Trees Supervisor to select
trees that grow to taller heights and are drought-tolerant. Adequate irrigation will be necessary to
establish the newly planted trees. With any potential construction and landscaping delayed until the
late Fall, the region may receive enough rainfall, in addition to planned irrigation, to help any new
trees.
The appellant questioned whether advancing wireless communications technology will render the
wireless facility obsolete in 20-30 years. If that should happen, the permit conditions of approval
require Verizon to remove any abandoned facility at its cost.
3. Alternative locations were not fully investigated.
The Alternative Site Analysis provided by Verizon Wireless notes that they were unable to
contact or reach agreements with surrounding buildings. Their efforts did not go far
enough. An Apple building is listed as a preferred location but the document notes they
were unresponsive to their form letters. Furthermore, the Cypress Hotel was rejected after
no agreements could be made with the owners. The hotel has been purchased by new
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owners who have not yet been contacted. Lastly, much of the discussion with building
owners happened several years ago and we argue that it is worth doing another round.
Local parks such as Wilson Park were not considered, even though they have groves of tall
trees. Within City Hall property, other locations were rejected because they were not
visually pleasing and did not have enough visual cover. However, as already stated above,
the current proposed site does not have enough visual cover and will lose even more during
installation. Furthermore, the other proposed City Hall locations are farther from residences
and less in their visual site lines. It is also worth pointing out that this Alternative Site
Analysis document mentions that Verizon consulted Santa Cruz County regulations
regarding zoning, not Santa Clara County.
Staff Comments: Verizon’s Alternative Site Analysis describes the efforts a company must pursue in
order to find new cell facility locations that are technically suitable from a network, coverage and
capacity standpoint, that also must have adequate land or roof area, a willing landowner, agreeable
lease terms and meet local zoning and building regulations. Verizon’s search efforts started in
January 2011 encompassing all of the tall non-residential buildings in the vicinity before discussions
were held with City officials on alternative sites within the Civic Center property. In July 2013, the
City Council selected the project site as the preferred alternative for a City Hall cell site (Attachment
U). Staff feels the applicant has conducted a good faith effort in analyzing site alternatives to the
project site.
The suggestion of Wilson Park as an alternative site is not feasible as it is located outside of the
original and revised search rings. A site to the east closer than Wilson Park has already been rejected
by Verizon’s RF engineer for geographic reasons.
The appellant is correct in pointing out that Santa Cruz County zoning regulations are not
applicable to this analysis, staff would add that Santa Clara County zoning regulations do not apply
as well. The applicable regulations governing cell site development are those of the local jurisdiction
(Cupertino), State of California, and the U.S. government. All of the studied alternative sites
complies with Cupertino zoning from a land use standpoint.
4. Safety concerns have not been fully addressed.
Only the safety of the facility with respect to radio frequency energy emissions was
addressed. It does not discuss the safety of the facility itself, such as:
The safety of the generator.
Susceptibility to flooding. A 2005 Cupertino City study in cooperation with FEMA
indicated that the site is in or very near a flood zone.
Susceptibility to lightning strikes.
Staff Comments:
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Generator Safety
The appellant does not elaborate on what aspects of generator safety she is concerned about. The
generator is expected to create equipment noise when it is in operation. It will only be tested during
the daytime and will be enclosed in an acoustical shelter that will limit noise to levels below City
noise standards.
The generator will be powered by a built-in diesel tank and the fuel is considered a hazardous
material. The facility and emergency power generator will be review by the Santa Clara County Fire
Department during the building permit stage to ensure the storage of any hazardous materials
complies with City ordinance regulating the storage of such materials.
The entire facility will be secured behind a locked fenced enclosure to prevent unauthorized access.
Flooding
Cupertino is a full participant in the Federal government’s flood insurance program and must restrict
and control buildings in the 100-year flood zone in compliance with federal flood regulations. In the
vicinity, the 100-year flood plain is entirely contained within the creek to the east of the project. The
project site, like City Hall, library and the surrounding residences are at the same elevation and are
outside of the 100-year flood plain and not subject to flood hazard regulations.
Lightning Strikes
Lightning strikes on tall wireless communication facilities are more of a planning concern in
southern and central states where lightning storms are a common occurrence. In such an
environment, where there are tall structures in an isolated area, a cell tower can increase the chances
of a direct lightning strike as the metal tower, like other tall structures, can provide a better
conducting path for the electricity than the surrounding air.
According to the Santa Clara County Office of Emergency Services’ website, lightning storms in the
San Francisco Bay Area are an unusual occurrence. Also the website mentions that in a long-term,
nationwide survey, California ranked last, meaning the least number of lightning incidents that
caused casualties or damage.
In the unlikely occurrence there is a lightning strike on a cell tower in Cupertino, it would damage
the equipment and the electrical charge would dissipate into the ground. The facility is unmanned, so
there is less of a risk of casualties. If lightning causes a breakage of the pole, there is a building-free,
fall zone around the tree pole equal to the height of the pole. If lightning causes a cell tower fire, the
nearest fire station is just a quarter of a mile away on Stevens Creek Boulevard.
5. Affected residents were not adequately notified.
Residents were not adequately notified. Residents were confused by the different forms of
noticing. Many also feel that a greater radius than 300-feet is affected by the facility. We ask
if ordinance 19.108.090B of the Wireless Communications Facilities Ordinance applies,
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which requires mailed written notice of public hearings within one thousand feet of the
exterior boundary of the property.
We do feel that not enough residents understood the significance of this project and that the
additional hearing following the appeal would allow us the opportunity to get the word
out.
Staff Comments: The appellant is using an older 2009 version of the Wireless Communications
Facilities Ordinance (Cupertino Municipal Code section 19.108) that was superseded by the City
Council adoption of a reorganized zoning code in year 2011 and now the wireless facilities ordinance
falls under Municipal Code section 19.136. The August 25, 2015 Planning Commission Hearing
was fully, legally noticed under the current codes, which includes:
a legal advertisement in the Cupertino Courier published on August 14, 2015;
mailed notice to property owners within 300 feet of the civic center property at least 10 days
prior to the hearing;
posted on the City’s official notice board a week prior to the hearing;
posted on the City’s website a week prior to the hearing;
Site signage posted at two locations at City Hall: one sign along Rodrigues Avenue next to
the project, and another along Torre Avenue. Signs were posted at least 14 days prior to the
hearing.
In addition to the legal noticing, the applicant held a neighborhood meeting prior to the public
hearing on July 22, 2015. Verizon mailed meeting notices to property owners within a 300-foot
radius of the Civic Center property at least 10 days before the neighborhood meeting. Over two
hundred notices were mailed and three residents attended the neighborhood meeting. Also, temporary
story poles were erected prior to the public hearing to delineate the perimeter of the equipment
enclosure and height of the fencing.
Applicant’s Response to the Appeal
On behalf of Verizon Wireless, MacKenzie & Albritton, LLP, has prepared a written response to
the appeal petition, responding to each appeal point. In addition, the response letter includes:
1) a determination by a Verizon radio frequency engineer that the area to be serve by
the proposed wireless facility constitutes a significant gap in Verizon’s coverage;
2) an update of the alternative sites analysis, which includes a re-survey of some of the
previously evaluated sites, an evaluation of an additional site suggested by the
appellant, and a previously not considered DAS (distributed antenna system)
alternative; and
3) a legal analysis of the project based on its interpretation of federal regulations and
case law(Attachment V).
Noticing and Community Outreach
See staff comments under Appeal Point #5.
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Environmental Assessment
The Development Permit, Architectural & Site Approval and Height Exception applications are
categorically exempt from the California Environmental Quality Act (CEQA) per section 15303
(New Construction or Conversion of Small Structures) of the CEQA Guidelines because the
project involves small accessory structures of less than 10,000 square feet in area that do not
involve the use of a significant amount of hazardous materials in an urban, developed
environment with access to utilities. The proposed facility will also not generate significant
noise or RFE emissions, which are estimated to be below city and federal safety standards
respectively.
Timeframe for Reviewing and Approving Wireless Facility Applications under Permit Streamlining Act
and 1996 Telecommunications Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964).
The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: September 8, 2014
Deemed Incomplete: September 18, 2014
Deemed Complete: June 11, 2015
City Action on Project: August 25, 2015 (Planning Commission decision to approve)
The 1996 Telecommunications Act provides that a local government shall act on any request for
the development of a personal wireless service facility within a reasonable period of time after
the request is duly filed. Originally there was no definite timetable provided, but that is no
longer the case. The Federal Communications Commission ruled that a state or local
government has 90 days to process a personal wireless service facility application requesting a
collocation, and 150 days to process all other wireless facility applications, like the subject
applications. The processing deadlines may be extended by mutual agreement of the local
agency and the applicant, which was the case with the Verizon application when it was
appealed by neighbors. This was done through a tolling agreement and a subsequent time
extension that preserved Verizon’s legal rights and extended the processing deadline.
Sustainability Impact
None.
Fiscal Impact
See lease agreement staff report on this Agenda.
_____________________________________
Prepared by: Colin Jung, Associate Planner
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Reviewed by: Gary Chao, Assistant Community Development Director & Aarti Shrivastava,
Community Development Director/Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. City Council Resolution
B. Planning Commission staff report dated 08/25/15
C. Planning Commission meeting minutes from 08/25/15
D. Compilation of public comments received prior and after the Commission hearing
E. Planning Commission Resolution No. 6786
F. Planning Commission Resolution No. 6787
G. Planning Commission Resolution No. 6788
H. Project Description
I. Existing & Proposed Coverage Maps
J. Complete Wireless Height Justification Statement
K. RFE Exposure Study for Verizon and AT&T project proposal at 10800 Torre Avenue,
prepared by Hammett & Edison, Consulting Engineers dated June 12, 2014.
L. Environmental Noise Analysis of De Anza Stevens Creek Cellular Facility, Cupertino,
CA, prepared by Bollard Acoustical Consultants, Inc., dated May 26, 2015.
M. 3-D computer simulation of proposed wireless facility with second generation
eucalyptus tree pole
N. Photograph of a second generation eucalyptus tree pole erected in San Luis Obispo, CA.
O. Photosimulations of tree pole from three viewpoints; Photosimulation of enclosure
fencing
P. Arborist Report for De Anza Stevens Creek Verizon Site by Foothill Associates dated
April 9, 2015
Q. Alternative Sites Analysis
R. TICC Comments
S. Plan Set
T. Appeal Petition dated September 4, 2015
U. City Council Study Session Minutes and Staff Report dated July 16, 2013
V. Applicant’s Response to Appeal Petition dated September 24, 2015 and emailed on
September 24, 2015
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5261 Name:
Status:Type:Study Session Agenda Ready
File created:In control:3/27/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Presentation and study session on City’s updated financial forecast and capital financing
options.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Presentation and study session on City’s updated financial forecast and capital
financing options.
Receive presentation from UFI (Urban Futures, Inc.) and provide direction to staff.
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-4888 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:1/18/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: FY 2019-20 Community Development Block Grant (CDBG) Program, Below Market Rate
(BMR) Affordable Housing Fund (AHF), and General Fund Human Service Grants (HSG) Program
funding allocations
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - FY 2019-20 NOFA RFP
C - FY 2019-20 CDBG, BMR, and HSG Grant Application Descriptions
D - Housing Commission Resolution 19-01
E - Sample CDBG Capital Housing Project Grant Agreement
F - Sample CDBG Public Service Grant Agreement
G - Sample BMR AHF Public Services Grant Agreement
H - Sample HSG Grant Agreement
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: FY 2019-20 Community Development Block Grant (CDBG) Program, Below Market
Rate (BMR) Affordable Housing Fund (AHF), and General Fund Human Service Grants (HSG)
Program funding allocations
1. Adopt Resolution No. 19-036 approving the FY 2019-20 CDBG, BMR AHF, and HSG
funding allocations.
2. Authorize the City Manager to negotiate and execute FY 2019-20 CDBG, BMR AHF,
and HSG grant agreements
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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City of Cupertino
Notice of Funding Availability (NOFA)
and Request for Proposals (RFP)
Issued: November 12, 2018
Deadline: February 8, 2019
The City of Cupertino has issued the fiscal year (FY) 2019-20 Notice of Funding Availability (NOFA) and
Requests for Proposals (RFP). The City is requesting proposals for eligible capital housing projects to be
funded under the Below Market Rate (BMR) Affordable Housing Fund (AHF) and Community Development
Block Grant (CDBG) Program. The City may award and appropriate funds to one or more eligible projects in
each funding category. The estimated CDBG dollar amounts may change based upon the final federal budget
approved by Congress. BMR AHF and CDBG allocations are subject to City Council approval and may
change as a result.
The following funding sources below are on a one-year grant funding cycle which will cover FY 19/20
only.
1. BMR AHF Capital Housing Projects
2. CDBG Capital Housing Projects
For FY 19/20, the City is not accepting applications for CDBG public service, General Fund Human Services
Grants (HSG) or BMR AHF public service grants due to a two-year grant funding cycle which began last FY
18/19 and will continue in FY 19/20.
Santa Clara County Measure A- Affordable Housing Bond
The City’s NOFA/RFP is issued in conjunction with the County’s NOFA for the Measure A- Affordable Housing
Bond. Measure A funding is available on a rolling basis for development capital funding, project based
vouchers, and acquisition funding. Information and applications are available on the County’s website:
https://www.sccgov.org/sites/osh/HousingandCommunityDevelopment/Documents/2016MeasureA_NOFA.pdf
Funding Source #1
Below Market Rate (BMR) Affordable Housing Funds (AHF) Capital Housing Projects (FY 19/20):
The City estimates up to $6,000,000 will be available to fund eligible BMR AHF capital housing projects on a
competitive basis for FY 18/19. BMR AHF funds must be used for eligible housing projects that will serve low-
and/or moderate-income households located within the City of Cupertino jurisdiction limits.
(Note: One-year funding cycle for FY 19/20.)
Project Requirements:
BMR AHF housing project funds will not be granted or issued as forgivable loans. The City invites eligible non-
profit and for profit Development Entities (DEs) to submit proposals for eligible funding activities, which include,
but are not limited to:
Land acquisition
New construction
Acquisition and/or rehabilitation of buildings for permanent affordability
Substantial rehabilitation
Project Affordability Requirements:
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BMR AHF affordable rental and/or ownership housing proposals must meet the City’s BMR requirements and
offer 99 years of affordability. An affordable regulatory agreement will be recorded against the property to
ensure affordability.
Eligible Development Entities (DEs):
Eligible DEs include non-profit and for-profit organizations licensed to conduct business in the State of
California.
• DEs must demonstrate credit worthiness, financial capacity, relevant past experience to undertake
acquisition, rehabilitation, operation of rental housing, or redevelopment of new affordable housing.
• DEs must have no negative financial and project management history within the last five years (i.e.,
DEs has not been in monetary default on a loan and has been current on all financial obligations and
compliance documentation).
Loan Terms and Requirements:
Rental Ownership
Loan Type: Acquisition,
predevelopment/construction
converting to permanent,
rehabilitation
Acquisition, rehabilitation and/or
construction
Interest Rate: 3.0% simple interest 3.0% simple interest
Loan Term: 30 yrs. 30 yrs.
Affordability Term: 99 yrs. 99 yrs.
Security: Deed of Trust, Promissory Note
and other regulatory agreements
recorded against the property as
required by the City
Deed of Trust, Promissory Note,
and other regulatory agreements
recorded against the property as
required by the City
Security Position: Will consider subordinating to a
construction or permanent lender
with City approval
Will consider subordinating to a
construction or permanent lender
with City approval
Repayment Terms: Interest only. All outstanding
interest and principal will be due in
full and payable on or by the
maturity date
Interest only. All outstanding
interest and principal will be due in
full and payable on or by the
maturity date
Timeframe: It is expected that projects must
proceed expeditiously to
construction
It is expected that projects must
proceed expeditiously to
construction
Financial Pro-Forma: Submit development financial pro-
forma to be reviewed by City.
Subject to review by qualified third-
party consultant/organization to
determine reasonableness
Submit development financial pro-
forma to be reviewed by City.
Subject to review by qualified third-
party consultant/organization to
determine reasonableness
Environmental Conditions: All environmental conditions (EX:
CEQA) that are applicable to an
eligible project must be satisfied
All environmental conditions (EX:
CEQA) that are applicable to an
eligible project must be satisfied
Project Conditions: Project may be subject to Planning
Commission and/or City Council
approval prior to Deed of Trust,
Promissory Note and other
recorded regulatory agreements
being executed and disbursement
of funding being approved
Project may be subject to Planning
Commission and/or City Council
approval prior to Deed of Trust,
Promissory Note and other
recorded regulatory agreements
being executed and disbursement
of funding being approved
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Underwriting Criteria:
Proposals and DE’s will be underwritten in accordance with City policies which includes but not limited to
compliance with the General Plan, BMR Housing Mitigation Program Procedural Manual (Housing Mitigation
Manual), and Policies and Procedures Manual for Administering Deed Restricted Affordable Housing Units
(BMR Manual).
Funding Source #2: Community Development Block Grant (CDBG) Capital Housing Projects (FY 19/20):
The City estimates allocating up to $240,000 in funding for eligible CDBG capital housing projects on a
competitive basis for FY 19/20. CDBG capital housing project funds must be used for projects that will serve
low-income households located within the City of Cupertino jurisdiction limits. The CDBG program is directed
toward expanding and maintaining the affordable housing supply; promoting housing opportunities and
choices; maintaining and improving community facilities; increasing economic opportunities, accessibility,
energy efficiency and sustainability; and providing supportive services specifically for persons of very-low
and/or low-income. Targeted groups might include persons who are homeless, seniors, persons with
disabilities, and other special needs groups.
(Note: One-year funding cycle for FY 19/20.)
The City estimates receiving approximately $360,000 in CDBG program entitlement funds from the United
States Department of Housing and Urban Development (HUD) for FY 19/20. If there are any unused CDBG
funds from the prior FY 18/19, the funds will be added to the eligible CDBG capital housing project category.
CDBG funding is allocated on a competitive basis.
Please visit the following link for a list of eligible CDBG capital housing project activities:
https://www.hudexchange.info/cdbg-entitlement/cdbg-entitlement-program-eligibility-requirements/
RFP Review Process:
Upon receipt of proposals, staff will conduct an initial review to determine whether a program and/or project
application is eligible and that the proposal is complete. The City reserves the right to send a written request to
an applicant requesting additional information.
After the RFP deadline has been completed, all eligible and complete program and/or project applications will
be forwarded to the City’s Housing Commission for initial rating and ranking. The City’s Housing Commission is
a five-member board appointed by the City Council and serves as the recommendation body to the City
Council regarding housing policies and funding recommendations. A Housing Commission public hearing will
be held in which the initial rating and ranking of eligible and complete program and/or project applications will
occur. After the Housing Commission has initially rated and ranked applications, the funding recommendations
will be forwarded to the City Council for final approval. A City Council public hearing will be held in which the
final BMR AHF and CDBG funding recommendations for FY 19/20 will be made.
Award Notification:
After the City Council has made the final funding recommendations, staff will notify organizations on whether or
not they were awarded funding through this RFP for FY 19/20.
Disclaimer:
This RFP does not commit the City to award any contract or developer agreement, execute any grant or loan
documents, pay and pre-award expenses, or pay any costs incurred in the preparation of a proposal. The City
reserves the right to: 1) accept or reject any or all proposals received; 2) waive a non-substantive deficiency or
irregularity; 3) negotiate with any qualified applicant; 4) execute grant or loan documents in what it believes to
be in the best interest of the City; 5) cancel this request, in part or its entirety, if it is deemed to be in the best
interest of the City; 6) reject the proposal of any applicant who has previously failed to perform properly; 7)
reject the proposal of any applicant who has failed to complete a contract within the specified timeframe; 8)
reject the proposal of any applicant that is not in a position to fulfill a resulting contractual obligation; or 9)
recommend partial funding of a proposal.
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Evaluation Criteria:
Proposals will be reviewed and scored relative to the below program and project scoring summary. The
maximum possible score is 100.
Scoring Summary Points
1. Organization Experience and Capacity 50
2. Program/Project Readiness 30
3. Program/Project Leveraged Funds 20
Maximum Possible Score 100
RFP Application Information & Deadlines:
Organizations who intend to apply for funds through this RFP must apply online at www.citydataservices.net.
To obtain a temporary login username and password, please visit and request at www.citydataservices.net.
For additional questions, please contact Kerri Heusler, Senior Housing Planner, at kerrih@cupertino.org or
408.777.3251. The RFP application period will open at 8:00am on Monday, November 12, 2018. The RFP
application period will end at 5:00pm on Friday, February 8, 2019. Any RFP application that does not meet
the deadline will not be accepted.
Note: Al l proposals are subject to the conditions, instructions and specifications included in this RFP.
Applicants will be notified of upcoming meetings and public hearings to discuss the expenditure of
BMR AHF and CDBG funds.
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY/NON-PROFIT CAPITAL HOUSING PROJECT CONTRACT
This Community Development Block Grant Program City/Non-profit Capital Housing Project
Contract (the "Contract") is entered into pursuant to Title I of the Housing and Community
Development Act of 1974 (Catalog of Federal Domestic Assistance Number 14.218) by and
between the CITY OF CUPERTINO, a political subdivision of the State of California
("CITY"), and [NAME], a non-profit public benefit corporation (the "CORPORATION"). The
allocation of funds pursuant to this Contract will be a grant for the purposes of eligible CDBG
capital housing project rehabilitation activities to be performed at the property located at
[ADDRESS] as more particularly described in Exhibit I (the "Property"). CITY approved the
allocation and disbursement of Community Development Block Grant ("CDBG") funds to
CORPORATION on [DATE].
WITNESSETH
WHEREAS, CITY has applied for and received CDBG Entitlement program funds from the
United States Department of Housing and Urban Development ("HUD") as an entitlement
jurisdiction pursuant to the provisions of Title I of the Housing and Community Development
Act of 1974, as amended; and,
WHEREAS, CITY has granted CORPORATION a portion of its CDBG funds for eligible
capital housing project rehabilitation activities benefitting the Project (as described below) to be
operated within the City for the benefit of low and very low-income households and meeting at
least one (1) of the National Objectives of the CDBG program as outlined in Title 24 of the Code
of Federal Regulations, Section 570.208;
NOW, THEREFORE, the parties agree as follows:
I. Project
CITY agrees to allocate a portion of its current CDBG entitlement, and/or program income
as defined in 24 CFR 570 Subpart J, "Grant Administration," to CORPORATION in the sum of
[DOLLARS ($____)] (the "CDBG Funds") for the purpose of implementing the
CORPORATION'S project, as more particularly described in Exhibits A-J to the Contract (the
"Project"), and said Exhibits set forth below, as they may be amended or modified, are attached to
this Contract and incorporated herein by reference.
Exhibit A: Project Description
Exhibit B: Project Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Project Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
Exhibit F: CDBG Regulations
Exhibit G: Project Scope of Work
Exhibit H: Map of Property
Exhibit I: Legal Description
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Exhibit J: Affordable Housing Regulatory Agreement and Declaration of Restrictive
Covenants
The total budget for the Project and allocation of funds during the Term (as defined
below) shall not exceed [DOLLARS ($____)].
II. TERM
The term of this Contract (the "Term") will begin on [DATE] and will end on [DATE],
unless otherwise amended or terminated earlier pursuant to Section VI or Section VII of this
Contract.
III. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
(a) Its Articles of Incorporation under the laws of the State of
California;
(b) A copy of the current Bylaws of CORPORATION;
(c) Documentation of its Internal Revenue Service non-profit status;
(d) Names and addresses of the current Board of Directors of
CORPORATION; and,
(e) An adopted copy of CORPORATION'S personnel policies and
procedures.
2. During the Contract Term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to CITY.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit
Corporation Laws.
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7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
8. Comply with all requirements of California Business and Professions
Code Section 10130 et seq. in connection with the Project. If the Property is owned by a limited
partnership, limited liability company, or other third party owner and the CORPORATION is
paid by the property owner for property management services, the CORPORATION must
maintain a corporate real estate broker's license. If the CORPORATION is required to hold such
real estate broker's license pursuant to California Business and Professions Code Section 10130
et seq., the CORPORATION shall provide a copy of the real estate broker's license to the CITY.
B. Project Performance by CORPORATION. CORPORATION shall:
1. Conduct the Project within the City of Cupertino, for the purpose of
benefiting low and very low-income households and meeting at least one (1) of the National
Objectives of the CDBG program as outlined in Title 24 of the Code of Federal Regulations,
Section 570.208.
2. Comply with all applicable laws and regulations governing the use of the
CDBG Funds as set forth in Exhibit F of this Contract (the "CDBG Regulations").
3. File quarterly reports on the type and number of services rendered through
the operation of the Project, and a description of the beneficiaries of these services, and which
reports will evaluate the manner in which the Project is achieving its objectives and goals
according to the standards established by CITY. The progress reports will be due ten (10) days
after the close of each reporting period and must cover the three (3) months immediately
preceding the date on which the report is filed.
4. Coordinate its services with other existing organizations providing
similar services in order to foster community cooperation and to avoid unnecessary duplication
of services.
5. Seek out and apply for other sources of revenue in support of its operation
or services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten (10) days.
6. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate Project-related publicity and publications
using words to the effect: "funded in whole or in part by the City of Cupertino through the
Housing and Community Development Act of 1974, as amended."
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7. CORPORATION will comply with Section 281 of the National
Affordable Housing Act.
8. "Section 3" Clauses.
(a) Compliance. Compliance with the provisions of Section 3,
the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this Contract, shall be a condition of the federal
financial assistance provided under this Contract and binding upon the CITY, the
CORPORATION, and any sub-recipients. Failure to fulfill these requirements shall
subject the CITY, the CORPORATION, and any sub-recipients, their successors and
assigns, to those sanctions specified by the Contract through which federal assistance is
provided. The CORPORATION certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements. The
CORPORATION further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Contract (the
"Section 3 Clause"):
"The work to be performed under the Contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to lower income residents of the
project area and agreements for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by persons residing
in, the areas of the project.
The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative
of the contractor's commitments under this Section 3 Clause; and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the
Section 3 preference; shall set forth minimum number and job titles subject to hire;
availability of apprenticeship and training positions; the qualifications for each; the name
and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
The contractor agrees to include this Section 3 Clause in every subcontract
subject to compliance with regulations in 24 C. F. R. Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
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Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in
24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of
the regulations in 24 C.F.R. Part 135.
The contractor will certify that any vacant employment positions,
including training positions, that are filled: (1) after the contractor is selected but before
the contract is executed; and (2) with persons other than those to whom the regulations of
24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 C.F.R. Part 135.
Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result
in sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U. S. C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and
opportunities for training and employment shall be given to Indians; and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-
owned economic enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b)."
The CORPORATION certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
(b) Notifications. The CORPORATION agrees to send to each labor
organization or representative of workers with which it has a collective bargaining agreement or
other agreement or understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 Clause and shall post copies of the notice
in conspicuous places available to employees and applicants for employment or training. The
notice shall describe the Section 3 preference; shall set forth minimum number and job titles
subject to hire; availability of apprenticeship and training positions; the qualifications for each;
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
(c) Subcontracts. The CORPORATION will include the Section 3
Clause found in Section III.B.8(a) of this Contract, in every subcontract and will take appropriate
action pursuant to the subcontract upon a finding that the sub-subrecipient is in violation of
regulations issued by CITY. The CORPORATION will not subcontract with any sub-
subrecipient where it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 135 and will not let any subcontract unless the sub-subrecipient has
first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
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C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the Term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory audit within one hundred fifty (150) days of CORPORATION's
fiscal year encompassed by the first year of this Contract.
3. Comply with the CDBG Regulations and all federal regulations and
policies issued pursuant to these regulations and OMB Circulars Nos. A-87, A-102, revised, A-
110, A-122, and A-133 (as codified in 2 C.F.R. Part 200).
4. Document all Project costs by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract Term. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract Term. Funds not disbursed
will be returned to the Competitive Housing Pool for future reallocation.
6. Certify current and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit E, "Basic Insurance and
Bond Requirements for Non-Profit Contracts" and provide a current insurance certificate
evidencing such coverage.
7. Deliver to the CITY a copy of the resolution authorizing
CORPORATION's execution of this Contract [and the Regulatory Agreement].
8. Record the Regulatory Agreement against the Property in the form
attached as Exhibit J, "Affordable Housing Regulatory Agreement and Declaration of Restrictive
Covenants".
9. Obtain all construction permits required to construct the Project.
10. Deliver to the CITY a copy of the real estate broker's license for the
CORPORATION, if required pursuant to California Business and Professions Code Section
10130 et seq.
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11. Items 5 through 10 above are express conditions precedent to
disbursement of any CITY funding and failure to comply with these conditions will, at discretion
of CITY, result in suspension of funding or termination of this Contract.
12. If CORPORATION does not use the CDBG Funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings which may lead to disallowed
costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. In compliance with all HUD records and accounting requirements,
including but not limited to, those set forth in 24 C.F.R. 570.506 and 570.502, maintain complete
and accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records,
personnel, property and all other pertinent records sufficient to reflect properly: (a) all direct and
indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to
perform this Contract or to operate the Project; (b) each activity undertaken in connection with
the Project meets at least one (1) of the National Objectives of CDBG program set forth in 24
C.F.R. 570.208; (c) compliance with fair housing and equal opportunity requirements; (d)
compliance with Subpart K of 24 C.F.R. 570 and 24 C.F.R 508; (e) compliance with Section 3,
and labor requirements, including certified payrolls from CORPORATION's general contractor
evidencing that applicable prevailing wages have been paid; and (e) all other matters covered by
this Contract.
2. Maintain client data demonstrating client eligibility for services provided
for the Project. Such data will include, but not be limited to, client name, address, income level
or other basis for determining eligibility, and description of service provided. Such information
will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its
records:
1. Until five (5) years following date of final payment under this Contract, or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five (5) years from
the date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that HUD and the
CITY, and/or any duly authorized representatives may until expiration of the later of: (a) five (5)
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years after final payment under this Contract, (b) five (5) years from the date of termination of
this Contract, or (c) such longer period as may be described by applicable law, have access to
and the right to examine its plants, offices and facilities used in the performance of this Contract
or the operation of the Project, and all its records with respect to the Project and all matters
covered by this Contract. CORPORATION also agrees that CITY or any duly authorized
representatives will have the right to audit, examine, and make excerpts or transactions of and
from, such records and to make audits of all contracts and subcontracts, invoices, payrolls,
records of personnel, conditions of employment, materials and all other data relating to the
Project and matters covered by this Contract. CORPORATION will be notified in advance that
an audit will be conducted. CORPORATION will be required to respond to any audit findings,
and have the responses included in the final audit report. The cost of any such audit will be
borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any, to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees including, but not limited to, those federal rules and regulations,
executive orders, and statutes identified in Exhibit F.
H. Suspension and Termination. If CORPORATION materially fails to comply with
any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no
event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this
Contract or any default, which may then exist on the part of CORPORATION, nor shall such
payment impair or prejudice any remedy available to CITY with respect to the breach or default.
CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of
any funds disbursed to CORPORATION under this Contract, which were not expended in
accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any
such funds upon demand.
Notwithstanding the above, CORPORATION shall not be relieved of liability to CITY for
damages sustained by CITY or others by virtue of any breach of the Contract by
CORPORATION, and CITY may withhold any payments to the CORPORATION for the
purpose of set off until such time as the exact amount of damages due CITY from
CORPORATION is determined.
I. Reversion of Assets. Upon expiration or termination of this Contract, or in the
event HUD cancels the Project for any reason, the CORPORATION will transfer to the CITY
any of the CDBG Funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG Funds. Any real property under the CORPORATION's control
that was acquired or improved in whole or in part with CDBG Funds (including CDBG Funds
provided to CORPORATION in the form of a loan) in excess of $25,000 must be:
1. Used to meet one (1) of the National Objectives stated in Title 24 CFR
part 570.208 for a period of five (5) years after expiration of this Contract, or for such longer
period of time as required by the CITY; or,
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2. Reimburse the CITY an amount equal to the current market value of the
Property, less any portion of the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the Property (reimbursement is not required after the period of
time specified in I. 1. above).
J. Lobbying. CORPORATION certifies, to the best of CORPORATION's
knowledge or belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to
Report Lobbying, in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance was
placed when this Agreement was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification will be subject to a civil penalty of
not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars
($100,000) for such failure.
K. Prevailing Wages. CORPORATION is required to become familiar and comply
with all local, state and federal laws and regulations pertaining to the Project. With respect to
complying with prevailing wages, CORPORATION will pay, and shall cause any consultants or
contractors to pay, prevailing wages in any construction work related to the Project as those
wages are determined pursuant to California Labor Code section 1720 et seq. CORPORATION
will comply with all other applicable provisions of the California Labor Code Sections 1720 et
seq. and with the implementing regulations of the Department of Industrial Relations (the
"DIR"), including but not limited to:
1. require consultants or contractors to employ apprentices as required by
California Labor Code Section 1777.5 et seq., and the implementing regulations of the DIR and
to comply with the other applicable provisions of California Labor Code Sections 1720 et seq.,
1777.5 et seq., and implementing regulations of the DIR;
2. keep and retain, and cause consultants and contractors to keep and retain,
such records as are necessary to determine if such prevailing wages have been paid as required
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pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed as
required by California Labor Code Section 1777.5 et seq.;
3. post at the Property, or cause the contractor to post at the Property, the
applicable prevailing rates of per diem wages. Copies of the currently applicable current per
diem prevailing wages are available from DIR;
4. cause contractors and subcontractors working on the Project to be
registered as set forth in California Labor Code Section 1725.5;
5. cause contractors and subcontractors, in all calls for bids, bidding
materials and construction contract documents to specify that:
a. no contractor or subcontractor may be listed on a bid proposal nor
be awarded a contract for construction related to this Project unless registered with the DIR
pursuant to California Labor Code Sec. 1725.5; and
b. any construction work related to this Project is subject to
compliance monitoring and enforcement by the DIR.
6. provide the City all information required by California Labor Code
Section 1773.3 as set forth in the DIR 's online form PWC-100 within 2 days of the award of any
contract (https://www.dir.ca.gov/pwc100ext/);
7. cause contractors to post job site notices, as prescribed by regulation by
the DIR; and
8. cause contractors to furnish payroll records required by California Labor
Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format
prescribed by the Labor Commissioner.
CORPORATION agrees to indemnify, hold harmless and defend (with counsel
reasonably acceptable to the City) the City against any claim for damages, compensation, fines,
penalties or other amounts arising out of the failure or alleged failure of any person or entity
(including CORPORATION, its contractor and subcontractors) to pay prevailing wages as
determined pursuant to California Labor Code Sections 1720 et seq., to employ apprentices
pursuant to California Labor Code Sections 1777.5 et seq., to meet the conditions of California
Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the
other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and
1771.4, and the implementing regulations of the DIR, in connection with construction work
related to the Project and subject Property. The requirements in this provision shall survive the
termination of the Contract.
L. Conflict of Interest.
1. General Provision. In accordance with Government Code Section 1090
and the Political Reform Act, Government Code Section 87100 et seq., except for approved
eligible administrative or personnel costs, no person who is an employee, agent, consultant,
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officer, or any immediate family member of such person, or any elected or appointed official of
the CITY who exercises or has exercised any functions or responsibilities with respect to the
activities funded by this Contract or who is in a position to participate in a decision-making
process may obtain a personal or financial interest or benefit from the activity, or have an interest
in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder,
during, or at any time after, such person's tenure. CORPORATION shall exercise due diligence
to ensure that the prohibition in this Section is followed.
Further, no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, shall
make or participate in a decision, made by the CITY or a CITY board, commission or
committee, if it is reasonably foreseeable that the decision will have a material effect on any
source of income, investment or interest in real property of that person or CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions
used in the Political Reform Act, Government Code Section 87100 et seq., its implementing
regulations manual and codes, and Government Code Section 1090.
2. CDBG Requirement. CORPORATION shall comply with the conflict of
interest provisions set forth in 24 C.F.R. Section 570.611.
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the Term of this Contract, CITY shall disburse the
CDBG Funds to CORPORATION on a reimbursement basis unless otherwise provided herein
for all allowable costs and expenses incurred in connection with the Project, not to exceed the
total sum set forth in Article I. CITY may, at any time in its absolute discretion, elect to suspend
or terminate payment to CORPORATION, in whole or in part, pursuant to this Contract based on
CORPORATION'S non-compliance, including, but not limited to, incomplete documentation of
expenses, failure to substantially meet goals and objectives as required in Exhibit B, ("Project
Work Plan"), failure to submit adequate progress reports as required herein or other incidents of
non-compliance as described in Section VI, Paragraph B of this Contract or based on the refusal
by CORPORATION to accept any additional conditions that may be imposed by HUD at any
time, or based on the suspension or termination of the grant to CITY made pursuant to the
Housing and Community Development Act of 1974, as amended.
V. PROJECT COORDINATION
A. CITY. The CITY has designated the Senior Housing Planner for CITY who will
render overall supervision of the progress and performance of this Contract by CITY.
B. CORPORATION. As of the date hereof, CORPORATION has designated
[NAME] to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
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C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: [ADDRESS]
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the Project
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records, information and reports necessary for DIRECTOR to
monitor, review and evaluate the performance of the Project and its components. CITY will
have the right to request the services of an outside agent to assist in any such evaluation. Such
services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the Project.
2. If there is pending litigation with respect to the performance by
CORPORATION if any of its duties or obligations under this Contract, which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the Project.
3. If CORPORATION has taken any action pertaining to the Project, which
action required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
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6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7. If CORPORATION fails to meet the stated objectives in the Project Work
Plan attached as Exhibit B.
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Contract as set forth in Section VII below.
VII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance as defined in Section VI, Paragraph B; CORPORATION is insolvent or in
bankruptcy or receivership; a member of the CORPORATION'S Board of Directors or the
executive director is found to have committed fraud or; there is reliable evidence that
CORPORATION is unable to complete the Project as described in the attached Exhibits. The
date of termination will be as specified in the notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for
cause set forth in Section VI, either CITY or CORPORATION may suspend or terminate this
Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon
receipt of such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds according to HUD regulations.
D. Upon termination of this Contract, CORPORATION must immediately provide
CITY access to all documents, records, payroll, minutes of meetings, correspondence and all
other data pertaining to the CDBG Funds granted to CORPORATION pursuant to this Contract.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by
24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with
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Subrecipients), 570.504 (Project Income), and 570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
Funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 85
(Common Rule) 85.3:
1. Equipment means tangible, non-expendable, personal property having a
useful life of more than one year and an acquisition cost of $5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 (a).
3. Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement, Use and Disposition of Real Property as defined in detail
by 24 CFR 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and
570.504 (Program Income).
B. Security Document. As a condition precedent to CITY loaning funds for the
purchase of real property or an option to purchase real property, CORPORATION will prepare
and execute a Loan Agreement, Promissory Note, Deed of Trust, Regulatory Agreement and
such other Contracts restricting the use of said real property for purposes consistent with this
Contract, HUD and CDBG Regulations.
C. Grants. If a grant is provided for the acquisition of real property,
CORPORATION will continually operate its Project for a minimum period of six (6) years from
the effective date of this Contract. This obligation will survive the term of this Contract, the
assignment or assumption of this Contract and the sale of the property prior to expiration of the
obligation period as set forth in this paragraph. If this obligation is not fully met,
CORPORATION may be required to reimburse the CITY. The CITY may consider, but will not
be limited by, the following factors in calculating the reimbursement obligation: initial grant
sum; the duration of the initial contractual obligation to operate the Project versus the actual
duration of operation; and the appreciated value.
D. Relocation, Acquisition, and Displacement. CORPORATION agrees to comply
with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing
CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CORPORATION agrees
to comply with applicable state laws, City Ordinances, Resolutions, and Policies concerning
displacement of individuals from their residences.
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IV. PROGRAM INCOME
Income generated by the Project, is program income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients,"
and 570.504 "Program Income." CORPORATION will annually report all program income
generated by activities carried out with CDBG funds made available under this Contract. By
way of further limitations, CORPORATION may use such income during the Contract period for
activities permitted under this Contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall be
returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
A. None of the work or services to be performed hereunder may be assigned,
delegated or subcontracted to third parties without the prior written approval of CITY, which the
CITY may withhold in its sole discretion. Copies of all third party contracts shall be submitted to
CITY at least ten (10) days prior to the proposed effective date. In the event CITY approves of
any such assignment, delegation or subcontract, CORPORATION shall remain fully liable for all
obligations and requirements under this Contract including the performance and any liabilities
attaching to the assignees’ actions or omissions.
B. This Contract may not be assumed nor assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the Project pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Contract, and then only to
persons having responsibilities under this Contract, including those furnishing services under the
Project through approved subcontracts.
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XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond
Requirements for Non-Profit Contracts", and Section III.K. of this Contract, CORPORATION
will indemnify and hold harmless the CITY, its employees, agents, and officials, members of
boards and commissions, from any and all claims, actions, suits, charges and judgments
whatsoever, with respect to any damages, including attorney's fees and court costs, arising out of
the failure of the CORPORATION's Project to comply with applicable laws, ordinances, codes,
regulations and decrees, including without limitation those set forth in Exhibit F.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect to such
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the Project or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay, or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the CDBG Funds disbursed for this Project.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
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be effective only upon the mutual agreement in writing of the parties hereto. Amendments will
not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XIII. MISCELLANEOUS
A. Captions. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Contract.
B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits
the discretion of the CITY in the permit and approval process in connection with the Project.
C. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit
A (Project Description), Exhibit B (Project Work Plan), Exhibit C (Proposed Implementation
Time Schedule), Exhibit D (Project Budget), Exhibit E (Basic Insurance and Bond Requirements
for Non-Profit Contracts), Exhibit F (CDBG Regulations), Exhibit G (Project Scope of Work),
Exhibit H (Map of Property), Exhibit I (Legal Description), and Exhibit J (Affordable Housing
Regulatory Agreement and Declaration of Restrictive Covenants).
D. Interpretation. Each party to this Contract has had an opportunity to review the
Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate
revisions to the Contract. This Contract shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties had prepared it. The parties have read and reviewed
this Contract and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (including but not limited to Civil Code Section 1654 as may
be amended from time to time, or any other state law, or common law principle) shall not apply
to the interpretation of this Contract.
E. No Third Party Beneficiaries. There shall be no third party beneficiaries to this
Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
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G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, legal representatives, successors, and assigns.
H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this
Contract, the prevailing party will have the right to recover its reasonable attorneys' fees and
costs of suit from the other party.
I. Severability. If any term of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
J. Authorization. The persons signing below are duly authorized to execute this
Contract.
K. Multiple Originals; Counterpart. This Contract may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
CORPORATION: CITY:
CITY OF CUPERTINO, a municipal
corporation
By: ___________________________ By:
___________________________________ __________________________________
[NAME] David Brandt
[TITLE] City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ ___________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
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EXHIBIT A
PROJECT DESCRIPTION
Agency Name:
[NAME] DUNS:
Executive Director:
[NAME]
Project Manager:
[NAME]
Project # (For Office Use
Only)
[#]
Street Address:
[ADDRESS] City:
[CITY]
State:
CA
Zip Code:
[ZIP]
Telephone number:
[#]
Fax Number:
Manager E-mail
[EMAIL]
Name of Project/Program:
[NAME]
Project/Program Location:
[ADDRESS]
Project Description:
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EXHIBIT B
PROJECT WORK PLAN
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
HUD National Objectives
Low/Mod Income Type:
Objectives Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
Activity Number & Description:
Activity # Jul Aug Sep O
1.
2.
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EXHIBIT D
PROJECT BUDGET
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
Program Budget (Fiscal Year 20__-20__)
Proposed Project Expenses 20__-20__ Request
Total Expenses
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EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used herein is the party contracting
with the City of Cupertino for the direct distribution of CDBG funds. If your organization will be
contracting for construction work (such as general contractors building rental apartments) to
undertake a Project (as defined in this Non-Profit/City Contract) then the requirements set forth
herein shall be complied with by the party contracted with for construction work protecting both
the non-profit and the City.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the Term of this Contract, or as may be further required herein,
the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Housing and Community Development Program at the address set forth
in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
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B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City may
require additional coverage to be purchased by the Contractor to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this
Contract.
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d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately
to each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company without
30 days prior written notice of such cancellation or reduction in coverage to the
City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except with
respect to the Company's limit of liability.
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5. Comprehensive Automobile Liability Insurance for bodily injury (including death)
and property damage which provides total limits of not less than one million dollars ($1,000,000)
combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives,
agents, and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will furnish
City with evidence that all officials, employees, and agents handling or having access to
funds received or disbursed under this Contract, or authorized to sign or countersign
checks, are covered by a BLANKET FIDELITY BOND in an amount of AT
LEAST fifteen percent (15%) of the maximum financial obligation of the City cited herein.
If such bond is cancelled or reduced, Contractor will notify City immediately, and City
may withhold further payment to Contractor until proper coverage has been obtained.
Failure to give such notice may be cause for termination of this Contract, at the option of
the City.
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9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage
to be maintained by the Contractor and any approval of said insurance by the City or its insurance
consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Contractor pursuant to this Contract, including but not
limited to the provisions concerning indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor. However, this shall not
in any way limit liabilities assumed by the Contractor under this Contract. The City shall approve
any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the
City must order the Contractor to immediately suspend work at Contractor's expense until a new
policy of insurance is in effect.
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ADDENDUM TO EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If your organization will be contracting for construction work (such as general contractors building
rental apartments) to undertake a Project (as defined in this Non-Profit/City Contract) then the
requirements set forth in this Addendum to Exhibit "E" shall be complied with by the party
contracted with for construction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend, and hold
harmless the City of Cupertino (hereinafter "City"), its officers, agents and employees, and the
Contractor, it's officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by General and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City or the Contractor. It is the intent of the parties to this
Contract to provide the broadest possible coverage for the City and the Contractor. The General
shall reimburse the City and the Contractor for all costs, attorneys' fees, expenses and liabilities
incurred with respect to any litigation in which the General is obligated to indemnify, defend and
hold harmless the City and the Contractor under this Contract.
Insurance
Without limiting the General's indemnification of the City and the Contractor, the General shall
provide and maintain at its own expense, during the Term of this Contract, or as may be further
required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the General shall provide an original plus one copy of a
Certificate of Insurance certifying that coverage as required herein has been obtained and remains
in force for the period required by this Contract. The contract number and project name must be
stated on the Certificate of Insurance. Individual endorsements executed by the insurance carrier
shall accompany the Certificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to the
Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the Contractor and final
approval by the City. This approval of insurance shall neither relieve nor decrease the liability of
the Contractor.
B. Notice of Cancellation or Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department as
stated above, and the Contractor at the following address:
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[ADDRESS]
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A VIII, according to the current Best's
Key Rating Guide, unless otherwise approved by the City.
2. Surety coverage (including bid, performance and payment bonds) shall be required
as follows:
a. For projects in excess of $100,000:
1. Either a California Admitted Surety OR a current Treasury Listed
Surety (Federal Register); and either a current A.M. Best A IV rated Surety OR a current Standard
and Poors (S&P) rating of A;
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660*;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and not exceeding $100,000:
1. A California Admitted Surety and either a current A.M. Best B rated
Surety OR a current Standard and Poors (S&P) rating of B B;
OR
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660 ∗;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
D. Insurance Required
∗ California Code of Civil Procedure Section 995.660 in summary, states that an admitted surety must provide: 1) the original, or a certified copy
of instrument authorizing the person who executed the bond to do so; 2) a certified copy of the Certificate of Authority issued by the Insurance
Commissioner; 3) a certificate from City Clerk of Cupertino City that Certificate of Authority has not been surrendered, revoked, canceled, annulled
or suspended; 4) a financial statement showing the assets and liabilities of the insurer at the end of the quarter calendar year, prior to 30 days next
preceding the date of the execution of the bond.
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1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City m ay
require additional coverage to be purchased by the General to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2) years following acceptance of
the work by the City.
c. Contractual Liability expressly including liability assumed under
this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f. Severability of Interest clause providing that the coverage applies
separately to each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City and the Contractor:
a. Additional Insured Endorsement:
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Insurance afforded by this policy shall also apply to the City of Cupertino and
Contractor as additional insureds.
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino and the Contractor shall be
excess only and not contributing with insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be canceled nor the coverage reduced by the Company without
30 days prior written notice of such cancellation or reduction in coverage to the City of Cupertino
CDBG Program, and the Contractor at the addresses set forth on page 10 of this Addendum.
d. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except with respect to the
Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death)
and property damage which provides total limits of not less than one million dollars ($1,000,000)
combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk, Course
of Construction, Installation Floater or similar first party property insurance for covering the
interest of the Contractor and the City) shall be provided by the Contractor.
The Contractor's coverage shall provide the following:
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are the subject
of this Contract, whether in process or manufacture or finished, including "in transit" coverage to
the final agreed upon destination of delivery, and including loading and unloading operations, and
such coverage shall be in force until the work and materials are accepted by the City.
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c. City and non-profit shall be named as additional insured as its interests may
appear at the time of loss.
d. Coverage shall be in an amount no less than the full replacement value of
the property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless otherwise
approved by the City and shall be borne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called
for herein, the City shall have cause to terminate this Contract in accordance with Section VI,
paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds - Prior to execution of the Contract, Contractor shall file
with the City o n the approved forms, the two surety bonds in the amounts and for the purposes
noted below, duly executed by a reputable surety company satisfactory to City, and Contractor
shall pay all premiums and costs thereof and incidental thereto. Both Contractor and the sureties
shall sign each bond.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from the prices in the bid form, and
shall insure to the benefit of persons performing labor or furnishing materials in connection with
the work of the proposed Contract. This bond shall be maintained in full force and effect
until all work under the Contract is completed and accepted by the City, and until all claims for
materials and labor have been paid.
c. The "performance bond" shall be in an amount of one hundred percent
(100%) of the Contract price as determined from the prices in the bid form. and shall insure the
faithful performance by Contractor of all work under the Contract. It shall also insure the replacing
of, or making acceptable, any defective materials or faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the City notice will
be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sureties
satisfactory to the City. No further payment shall be deemed due or will be made under the Contract
until the new sureties qualify and are accepted by the City.
All alterations, time extensions, extra and additional work, and other changes authorized
by the Specifications, or any part of the Contract, may be made without securing consent of the
surety or sureties on the contract bonds.
9. Special Provisions
The following provisions shall apply to this Contract:
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a. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by the General and any approval of said insurance by the City or the
Contractor are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the General pursuant to this Contract, including but not limited
to the provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the General in
the event of material noncompliance with the insurance requirements outlined above.
c. The Contractor shall notify the City Community Development Department
promptly of all losses or claims over $25,000 resulting from work performed under this contract,
or any products/completed operations loss or claim against the contractor resulting from any of the
contractor's work.
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EXHIBIT F
CDBG REGULATIONS
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted project and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically,
CORPORATION gives assurances and certifies with respect to the Project that it is in
compliance with the following CDBG regulations set forth in 24 CFR Part 570 (the "CDBG
Regulations"), including all subsections set forth below.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063. The Project shall be conducted and administered in conformity
with the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R.
Part 100; Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act
of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC
794 et seq.); the Age Discrimination Act of 1975 (42 USC 6101 et seq.); Executive Order 11063,
as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107;
Executive Order 11246, as amended by Executive Orders 11375, 12086, 11478, 12107;
Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432;
Executive Order 12138 as amended by Executive Order 12608; and Executive Order 13672
concerning gender identity.
2. 570.602. Section 109 of the Act.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The CITY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
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Institutions), as applicable, as they relate to the acceptance and use of Federal funds
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372. Permits states to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
13. 570.613. Eligibility restrictions for certain resident aliens.
14. 570.614. Architectural Barriers Act and the Americans with Disabilities Act. Federal
regulations issued pursuant thereto, which prohibit discrimination against the disabled in
any federally assisted program, the requirements of the Architectural Barriers Act of
1968 (42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), the requirements
of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations
issued pursuant thereto.
15. Drug Free Work Place. The requirements of the Drug Free Workplace Act of 1988
(P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24.
16. Religious Organizations. If the CORPORATION is a religious organization, as defined
by the CDBG program, all conditions prescribed by HUD for the use of CDBG Funds by
religious organizations, including the First Amendment of the United States Constitution
regarding church/state principles and the applicable constitutional prohibitions set forth in
24 C.F.R. Section 570.200(j).
17. Flood Disaster Protection. The Flood Disaster Protection Act of 1973 (P.L. 93-234).
No portion of the assistance provided under this Agreement is approved for acquisition or
construction purposes as defined under Section 3(a) of said Act, for use in an area
identified by HUD as having special flood hazards which is located in a community not
then in compliance with the requirements for participation in the national flood insurance
program pursuant to Section 201(d) of said Act. The use of any assistance provided under
this Agreement for such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program is subject to the
mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any
contract or Agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement is to contain certain provisions.
These provisions will apply if such land is located in an area identified by HUD as having
special flood hazards and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.
These provisions obligate the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under -Section
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102(s) of the Flood Disaster Protection Act of 1973. Such provisions are required
notwithstanding the fact that the construction on such land is not itself funded with
assistance provided under this Agreement.
18. Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribe
procedures for compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5.
19. Violence Against Women Act. The requirements of the Violence Against Women
Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded
programs.
20. Anti-Lobbying; Disclosure Requirements. The disclosure requirements and
prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87.
21. HUD Regulations. Any other HUD regulations present or as may be amended, added, or
waived in the future pertaining to the CDBG grant funds, including but not limited to
HUD regulations as may be promulgated regarding subrecipients.
ADDITIONAL FEDERAL REGULATIONS, REQUIREMENTS, PROVISIONS
AND CITATIONS
Provisions
Federal Regulations*
OMB Circulars
for Non Gov't.
Subrecipients
OMB
Circulars for
Gov't.
Subrecipients
Other Federal
Regulations**
1. National Objective
Compliance/Eligibility
570.200(a)(1)+(2),
570.201-570.209,
570.506
2. Scope of Work 570.503
3. Time of Performance
570.503
4. Compensations and Method of
Payment
570.502, 570.513 A-122, A-21 A-87 24 CFR Part 85
5. Program Income
570.500(a),
570.503(b)(3), 570.504
6. Record-Keeping Requirements
570.502, 570.503(b)(2),
570.506
24 CFR Parts 84 and
85
7. Reporting Requirements
570.502, 570.507 24 CFR Parts 84 and
85
8. Public Access to Program
Records
570.502, 570.508 24 CFR Parts 84 and
85
9. Grant Closeout Procedures 570.502, 570.509
10. Uniform Administrative and
Program Management
Standards
570.502, 570.503(b)(4),
570.610
A-122, A-21, A-
133
A-87, A-133 24 CFR Parts 84 and
85
11. Reversion of Assets
570.502, 570.503,
570.505
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12. Real Property
570.502, 570.503(b)(7),
570.505
13. Other Program Requirements
570.503(b)(5), 570.600-
603,
570.605-614
14. Termination 570.502,570.503 24 CFR Part 84.43
15. Compliance with
Laws/Regulations
570.501 A-122 24 CFR Parts 84 and
85
16. Antidiscrimination/
Affirmative Action and EEO
570.601, 570.602,
570.607
17. Financial Management
570.502, 570.610 24 CFR Parts 84.20
and 85.20 and
Treasury Cir. 1075
18. Audits
570.502, 570.610 A-133 A-133 24 CFR Parts 84.26
and 85.26
19. Religious and Political
Activities
570.200(j), 570.207
20. Budget Modifications 570.502. 570.503(b)(1)
21. Monitoring
570.501(b),
570.502(b)(vii),
570.503(b)(1)
24 CFR Parts 84 and
85
22. Conflict of Interest 570.611 24 CFR Parts 84 and
85
23. Procurement Methods
570.502 24 CFR Parts 84.40-
48 and 85.36
24. Budget 570.503
25. Project Schedule/Milestones 570.503
26. Environmental Review 570.503(b)(3)(1)
* Unless otherwise noted, citations are from Title 24 of the Code of Federal Regulations (CFR).
** Part 84 applies to institutions of higher education, hospitals, and other non-profit organizations; Part 85 applies to state, local, and federally
recognized Tribal governments.
Requirements Federal Regulations Other References
1. Federal Labor Standards
1. Davis-Bacon
2. Copeland Act (Anti-kickback)
3. Contract Work Hours and Safety Standards
24 CFR 570.603; 29 CFR Parts 1,
3, and 5
Section 110, Housing and
Community Development Act of
1974 (HCDA); 40 U.S.C. 276a-
276a-5; 40 U.S.C. 276c; 40 U.S.C.
327 et seq.
2. Equal Employment Opportunity
24 CFR 570.601-602,
24 CFR 570.607,
41 CFR 60
Executive Orders 11246 and
12086, 12 U.S.C. 1701u
3. List of Debarred or Ineligible Contractors
24 CFR 570.609,
24 CFR 24
4. Non-Discrimination 24 CFR Part 8,
24 CFR 570.601,
24 CFR 570.602
Section 504 of Rehab. Act of 1973,
Americans with Disabilities Act of
1990, Exec. Order 11063
5. Fire Safety Codes Local
6. Building, Housing, and Zoning Codes; Housing
Quality Standards
24 CFR 570.208(b)(1)(iv) and
(b)(2)
Local
7. Lead-Based Paint 24 CFR 570.608,
24 CFR 35
42 U.S.C. 4821 et seq.
8. Lump Sum Drawdowns 24 CFR 570.513
9. Environmental/Historic Preservation/National
Environmental Policy Act/Flood Insurance
Requirements
24 CFR 570.503(b)(5)(i),
24 CFR 570.604, 570.202,
24 CFR 58
Sec. 104(g), HCDA
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1. Siting Near Airports and Coastal Barrier
Resources
2. Fish and Wildlife Protection
3. Flood Plain
4. National Historic Preservation
5. Noise Abatement & Control
6. Wetlands
7. Air Quality
8. Coastal Zones
9. Endangered Species
10. Thermal/Explosive Hazards
11. Flood Insurance
Ref. At 24 CFR 58.6
See reference at 24 CFR
58.5570.605, 58.6
42 U.S.C. 4001 et seq.
10. Relocation, Real Property Acquisition, and One-
For-One Housing Replacement
C. Uniform Relocation Act
D. Residential anti-displacement and
relocation assistance
E. One-For-One Replacement
24 CFR 570.201(i), 570.606,
49 CFR 24,
24 CFR 570.606(c)(1)
Sect. 104(d) and 105(a)(11) of
HCDA, www.hud.gov/relocation
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EXHIBIT G
PROJECT SCOPE OF WORK
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EXHIBIT H
MAP OF PROPERTY
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EXHIBIT I
LEGAL DESCRIPTION
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EXHIBIT J
AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY/NON-PROFIT PUBLIC SERVICE CONTRACT
This Community Development Block Grant Program City/Non-profit Public Service Contract
(the "Contract") is entered into pursuant to Title I of the Housing and Community Development
Act of 1974 (Catalog of Federal Domestic Assistance Number 14.218) by and between the
CITY OF CUPERTINO, a political subdivision of the State of California ("CITY"), and
[NAME], a non-profit public benefit corporation (the "CORPORATION"). The allocation of
funds pursuant to this Contract will be a grant. CITY approved the allocation and disbursement
of Community Development Block Grant ("CDBG") funds to CORPORATION on [DATE].
WITNESSETH
WHEREAS, CITY has applied for and received CDBG Entitlement program funds from the
United States Department of Housing and Urban Development ("HUD") as an entitlement
jurisdiction pursuant to the provisions of Title I of the Housing and Community Development
Act of 1974, as amended; and,
WHEREAS, CITY has granted CORPORATION a portion of its CDBG funds for the Program
(as described below) to be operated within the City for the benefit of low and very low-income
households and meeting at least one (1) of the National Objectives of the CDBG program as
outlined in Title 24 of the Code of Federal Regulations, Section 570.208;
NOW, THEREFORE, the parties agree as follows:
I. Program
CITY agrees to allocate a portion of its current CDBG entitlement, and/or program income
as defined in 24 CFR 570 Subpart J, "Grant Administration," to CORPORATION in the sum of
[DOLLARS ($____)] (the "CDBG Funds") for the purpose of implementing the
CORPORATION'S program, as more particularly described in Exhibits A-F to the Contract (the
"Program"), and said Exhibits set forth below, as they may be amended or modified, are attached
to this Contract and incorporated herein by reference.
Exhibit A: Program Description
Exhibit B: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
Exhibit F: CDBG Regulations
The total budget for the Program and allocation of funds during the Term (as defined
below) shall not exceed [DOLLARS ($____)].
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II. TERM
The term of this Contract (the "Term") will begin on [DATE] and will end on [DATE],
unless otherwise amended or terminated earlier pursuant to Section VI or Section VII of this
Contract.
III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to this Contract authorized by City
Council for the fiscal year subsequent to the initial term of this Contract, contingent on the
following requirements and process:
A. Receipt of written authorization by CITY from HUD to expend funds for the
purposes of this Contract;
B. CITY 'S appropriation of CDBG funds for this Program;
C. CORPORATION'S satisfactory performance, as determined in the CITY's sole
discretion, of all its obligations as stated in this Contract;
D. Submission to CITY of current proof of insurance satisfying the requirements set
forth in Exhibit E.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
(a) Its Articles of Incorporation under the laws of the State of
California;
(b) A copy of the current Bylaws of CORPORATION;
(c) Documentation of its Internal Revenue Service non-profit status;
(d) Names and addresses of the current Board of Directors of
CORPORATION; and,
(e) An adopted copy of CORPORATION'S personnel policies and
procedures.
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2. During the Contract Term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to CITY.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit
Corporation Laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the Program within the City of Cupertino, for the purpose of
benefiting low and very low-income households and meeting at least one (1) of the National
Objectives of the CDBG program as outlined in Title 24 of the Code of Federal Regulations,
Section 570.208.
2. Comply with all applicable laws and regulations governing the use of the
CDBG Funds as set forth in Exhibit F of this Contract (the "CDBG Regulations").
3. File quarterly reports on the type and number of services rendered through
the operation of the Program, and a description of the beneficiaries of these services, and which
reports will evaluate the manner in which the Program is achieving its objectives and goals
according to the standards established by CITY. The progress reports will be due ten (10) days
after the close of each reporting period and must cover the three (3) months immediately
preceding the date on which the report is filed.
4. Coordinate its services with other existing organizations providing
similar services in order to foster community cooperation and to avoid unnecessary duplication
of services.
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5. Seek out and apply for other sources of revenue in support of its operation
or services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten (10) days.
6. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate Program-related publicity and publications
using words to the effect: "funded in whole or in part by the City of Cupertino through the
Housing and Community Development Act of 1974, as amended."
7. CORPORATION will comply with Section 281 of the National
Affordable Housing Act.
8. "Section 3" Clauses.
(a) Compliance. Compliance with the provisions of Section 3,
the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this Contract, shall be a condition of the federal
financial assistance provided under this Contract and binding upon the CITY, the
CORPORATION, and any sub-recipients. Failure to fulfill these requirements shall
subject the CITY, the CORPORATION, and any sub-recipients, their successors and
assigns, to those sanctions specified by the Contract through which federal assistance is
provided. The CORPORATION certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements. The
CORPORATION further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Contract (the
"Section 3 Clause"):
"The work to be performed under the Contract is a Program assisted under
a program providing direct federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to lower income residents of the
Program area and agreements for work in connection with the Program be awarded to
business concerns which are located in, or owned in substantial part by persons residing
in, the areas of the Program.
The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative
of the contractor's commitments under this Section 3 Clause; and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for
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training and employment positions can see the notice. The notice shall describe the
Section 3 preference; shall set forth minimum number and job titles subject to hire;
availability of apprenticeship and training positions; the qualifications for each; the name
and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
The contractor agrees to include this Section 3 Clause in every subcontract
subject to compliance with regulations in 24 C. F. R. Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in
24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of
the regulations in 24 C.F.R. Part 135.
The contractor will certify that any vacant employment positions,
including training positions, that are filled: (1) after the contractor is selected but before
the contract is executed; and (2) with persons other than those to whom the regulations of
24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 C.F.R. Part 135.
Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result
in sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U. S. C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and
opportunities for training and employment shall be given to Indians; and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-
owned economic enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b)."
The CORPORATION certifies and agrees that no contractual or other disability exists
which would prevent compliance with the requirements.
(b) Notifications. The CORPORATION agrees to send to each labor
organization or representative of workers with which it has a collective bargaining agreement or
other agreement or understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post copies of the notice
in conspicuous places available to employees and applicants for employment or training. The
notice shall describe the Section 3 preference; shall set forth minimum number and job titles
subject to hire; availability of apprenticeship and training positions; the qualifications for each;
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
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(c) Subcontracts. The CORPORATION will include the Section 3
Clause found in Section III.B.8(a) of this Contract, in every subcontract and will take appropriate
action pursuant to the subcontract upon a finding that the sub-subrecipient is in violation of
regulations issued by CITY. The CORPORATION will not subcontract with any sub-
subrecipient where it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 135 and will not let any subcontract unless the sub-subrecipient has
first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the Term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory audit within one hundred fifty (150) days of CORPORATION's
fiscal year encompassed by the first year of this Contract.
3. Comply with the CDBG Regulations and all federal regulations and
policies issued pursuant to these regulations and OMB Circulars Nos. A-87, A-102, revised, A-
110, A-122, and A-133 (as codified in 2 C.F.R. Part 200).
4. Document all Program costs by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract Term. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract Term. Funds not disbursed
will be returned to the Competitive Housing Pool for future reallocation.
6. Certify current and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit E, "Basic Insurance and
Bond Requirements for Non-Profit Contracts" and provide a current insurance certificate
evidencing such coverage.
7. Deliver to the CITY a copy of the resolution authorizing
CORPORATION's execution of this Contract.
8. Items 5 through 7 above are express conditions precedent to disbursement
of any CITY funding and failure to comply with these conditions will, at discretion of CITY,
result in suspension of funding or termination of this Contract.
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9. If CORPORATION does not use the CDBG Funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings which may lead to disallowed
costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. In compliance with all HUD records and accounting requirements,
including but not limited to, those set forth in 24 C.F.R. 570.506 and 570.502, maintain complete
and accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records,
personnel, property and all other pertinent records sufficient to reflect properly: (a) all direct and
indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to
perform this Contract or to operate the Program; (b) each activity undertaken in connection with
the Program meets at least one (1) of the National Objectives of CDBG program set forth in 24
C.F.R. 570.208; (c) compliance with fair housing and equal opportunity requirements; (d)
compliance with Subpart K of 24 C.F.R. 570 and 24 C.F.R 508; (e) compliance with Section 3,
as applicable; and (e) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided
for the Program. Such data will include, but not be limited to, client name, address, income level
or other basis for determining eligibility, and description of service provided. Such information
will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its
records:
1. Until five (5) years following date of final payment under this Contract, or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five (5) years from
the date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that HUD and the
CITY, and/or any duly authorized representatives may until expiration of the later of: (a) five (5)
years after final payment under this Contract, (b) five (5) years from the date of termination of
this Contract, or (c) such longer period as may be described by applicable law, have access to
and the right to examine its plants, offices and facilities used in the performance of this Contract
or the operation of the Program, and all its records with respect to the Program and all matters
covered by this Contract. CORPORATION also agrees that CITY or any duly authorized
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representatives will have the right to audit, examine, and make excerpts or transactions of and
from, such records and to make audits of all contracts and subcontracts, invoices, payrolls,
records of personnel, conditions of employment, materials and all other data relating to the
Program and matters covered by this Contract. CORPORATION will be notified in advance that
an audit will be conducted. CORPORATION will be required to respond to any audit findings,
and have the responses included in the final audit report. The cost of any such audit will be
borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any, to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees including, but not limited to, those federal rules and regulations,
executive orders, and statutes identified in Exhibit F.
H. Suspension and Termination. If CORPORATION materially fails to comply with
any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no
event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this
Contract or any default, which may then exist on the part of CORPORATION, nor shall such
payment impair or prejudice any remedy available to CITY with respect to the breach or default.
CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of
any funds disbursed to CORPORATION under this Contract, which were not expended in
accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any
such funds upon demand.
Notwithstanding the above, CORPORATION shall not be relieved of liability to CITY for
damages sustained by CITY or others by virtue of any breach of the Contract by
CORPORATION, and CITY may withhold any payments to the CORPORATION for the
purpose of set off until such time as the exact amount of damages due CITY from
CORPORATION is determined.
I. Reversion of Assets. Upon expiration or termination of this Contract, or in the
event HUD cancels the Program for any reason, the CORPORATION will transfer to the CITY
any of the CDBG Funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG Funds. Any real property under the CORPORATION's control
that was acquired or improved in whole or in part with CDBG Funds (including CDBG Funds
provided to CORPORATION in the form of a loan) in excess of $25,000 must be:
1. Used to meet one (1) of the National Objectives stated in Title 24 CFR
part 570.208 for a period of five (5) years after expiration of this Contract, or for such longer
period of time as required by the CITY; or,
2. Reimburse the CITY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property (reimbursement is not required after the period of
time specified in I. 1. above).
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J. Lobbying. CORPORATION certifies, to the best of CORPORATION's
knowledge or belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to
Report Lobbying, in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance
was placed when this Agreement was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification will be subject to a civil penalty of
not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars
($100,000) for such failure.
K. Conflict of Interest.
1. General Provision. In accordance with Government Code Section 1090
and the Political Reform Act, Government Code Section 87100 et seq., except for approved
eligible administrative or personnel costs, no person who is an employee, agent, consultant,
officer, or any immediate family member of such person, or any elected or appointed official of
the CITY who exercises or has exercised any functions or responsibilities with respect to the
activities funded by this Contract or who is in a position to participate in a decision-making
process may obtain a personal or financial interest or benefit from the activity, or have an interest
in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder,
during, or at any time after, such person's tenure. CORPORATION shall exercise due diligence
to ensure that the prohibition in this Section is followed.
Further, no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, shall
make or participate in a decision, made by the CITY or a CITY board, commission or
committee, if it is reasonably foreseeable that the decision will have a material effect on any
source of income, investment or interest in real property of that person or CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions
used in the Political Reform Act, Government Code Section 87100 et seq., its implementing
regulations manual and codes, and Government Code Section 1090.
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2. CDBG Requirement. CORPORATION shall comply with the conflict of
interest provisions set forth in 24 C.F.R. Section 570.611.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the Term of this Contract, CITY shall disburse the
CDBG Funds to CORPORATION on a reimbursement basis unless otherwise provided herein
for all allowable costs and expenses incurred in connection with the Program, not to exceed the
total sum set forth in Article I. CITY may, at any time in its absolute discretion, elect to suspend
or terminate payment to CORPORATION, in whole or in part, pursuant to this Contract based on
CORPORATION'S non-compliance, including, but not limited to, incomplete documentation of
expenses, failure to substantially meet goals and objectives as required in Exhibit B, ("Program
Work Plan"), failure to submit adequate progress reports as required herein or other incidents of
non-compliance as described in Section VII, Paragraph B of this Contract or based on the refusal
by CORPORATION to accept any additional conditions that may be imposed by HUD at any
time, or based on the suspension or termination of the grant to CITY made pursuant to the
Housing and Community Development Act of 1974, as amended.
VI. PROGRAM COORDINATION
A. CITY. The CITY has designated the Senior Housing Planner for CITY who will
render overall supervision of the progress and performance of this Contract by CITY.
B. CORPORATION. As of the date hereof, CORPORATION has designated
[NAME] to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: [ADDRESS]
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
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VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the
Program performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information and reports necessary
for DIRECTOR to monitor, review and evaluate the performance of the Program and its
components. CITY will have the right to request the services of an outside agent to assist in any
such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the Program.
2. If there is pending litigation with respect to the performance by
CORPORATION if any of its duties or obligations under this Contract, which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION has taken any action pertaining to the Program, which
action required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7. If CORPORATION fails to meet the stated objectives in the Program
Work Plan attached as Exhibit B.
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for the purpose of considering corrective action.
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In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance as defined in Section VII, Paragraph B; CORPORATION is insolvent or in
bankruptcy or receivership; a member of the CORPORATION'S Board of Directors or the
executive director is found to have committed fraud or; there is reliable evidence that
CORPORATION is unable to complete the Program as described in the attached Exhibits. The
date of termination will be as specified in the notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for
cause set forth in Section VII, either CITY or CORPORATION may suspend or terminate this
Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon
receipt of such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds according to HUD regulations.
D. Upon termination of this Contract, CORPORATION must immediately provide
CITY access to all documents, records, payroll, minutes of meetings, correspondence and all
other data pertaining to the CDBG Funds granted to CORPORATION pursuant to this Contract.
IX. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by
24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with
Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
Funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 85
(Common Rule) 85.3:
1. Equipment means tangible, non-expendable, personal property having a
useful life of more than one year and an acquisition cost of $5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 (a).
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3. Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement, Use and Disposition of Real Property as defined in detail
by 24 CFR 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and
570.504 (Program Income).
B. Security Document. As a condition precedent to CITY loaning funds for the
purchase of real property or an option to purchase real property, CORPORATION will prepare
and execute a Loan Agreement, Promissory Note, Deed of Trust, Regulatory Agreement and
such other Contracts restricting the use of said real property for purposes consistent with this
Contract, HUD and CDBG Regulations.
C. Grants. If a grant is provided for the acquisition of real property,
CORPORATION will continually operate its Program for a minimum period of six (6) years
from the effective date of this Contract. This obligation will survive the term of this Contract,
the assignment or assumption of this Contract and the sale of the property prior to expiration of
the obligation period as set forth in this paragraph. If this obligation is not fully met,
CORPORATION may be required to reimburse the CITY . The CITY may consider, but will not
be limited by, the following factors in calculating the reimbursement obligation: initial grant
sum; the duration of the initial contractual obligation to operate the Program versus the actual
duration of operation; and the appreciated value.
D. Relocation, Acquisition, and Displacement. CORPORATION agrees to comply
with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing
CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CORPORATION agrees
to comply with applicable state laws, City Ordinances, Resolutions, and Policies concerning
displacement of individuals from their residences.
X. PROGRAM INCOME
Income generated by the Program, is program income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients,"
and 570.504 "Program Income." CORPORATION will annually report all program income
generated by activities carried out with CDBG funds made available under this Contract. By
way of further limitations, CORPORATION may use such income during the Contract period for
activities permitted under this Contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall be
returned to the CITY at the end of the Contract period.
XI. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
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association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XII. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY 's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten (10) days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or
subcontract, CORPORATION shall remain fully liable for all obligations and requirements
under this Contract including the performance and any liabilities attaching to the assignees’
actions or omissions.
XIII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the Program pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Contract, and then only to
persons having responsibilities under this Contract, including those furnishing services under the
Program through approved subcontracts.
XIV. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond
Requirements for Non-Profit Contracts", CORPORATION will indemnify and hold harmless the
CITY, its employees, agents, and officials, members of boards and commissions, from any and
all claims, actions, suits, charges and judgments whatsoever, with respect to any damages,
including attorney's fees and court costs, arising out of the failure of the CORPORATION's
Program to comply with applicable laws, ordinances, codes, regulations and decrees, including
without limitation those set forth in Exhibit F.
XV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
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part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect to such
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the Program or this
Contract.
XVI. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay, or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the CDBG Funds disbursed for this Program.
XVII. AMENDMENTS
Amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto. Amendments will
not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVIII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XIV. MISCELLANEOUS
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A. Captions. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Contract.
B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits
the discretion of the CITY in the permit and approval process in connection with the Program.
C. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit
A (Program Description), Exhibit B (Program Work Plan), Exhibit C (Proposed Implementation
Time Schedule), Exhibit D (Program Budget), Exhibit E (Basic Insurance and Bond
Requirements for Non-Profit Contracts), and Exhibit F (CDBG Regulations).
D. Interpretation. Each party to this Contract has had an opportunity to review the
Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate
revisions to the Contract. This Contract shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties had prepared it. The parties have read and reviewed
this Contract and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (including but not limited to Civil Code Section 1654 as may
be amended from time to time, or any other state law, or common law principle) shall not apply
to the interpretation of this Contract.
E. No Third Party Beneficiaries. There shall be no third party beneficiaries to this
Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, legal representatives, successors, and assigns.
H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this
Contract, the prevailing party will have the right to recover its reasonable attorneys' fees and
costs of suit from the other party.
I. Severability. If any term of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
J. Authorization. The persons signing below are duly authorized to execute this
Contract.
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K. Multiple Originals; Counterpart. This Contract may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
CORPORATION: CITY:
CITY OF CUPERTINO, a municipal
corporation
By: ___________________________ By:
___________________________________ __________________________________
[NAME] David Brandt
[TITLE] City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ ___________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
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EXHIBIT A
PROGRAM DESCRIPTION
Agency Name:
[NAME] DUNS:
Executive Director:
[NAME]
Program Manager:
[NAME]
Project # (For Office Use
Only)
[#]
Street Address:
[ADDRESS] City:
[CITY]
State:
CA
Zip Code:
[ZIP]
Telephone number:
[#]
Fax Number:
Manager E-mail
[EMAIL]
Name of Project/Program:
[NAME]
Project/Program Location:
[ADDRESS]
Program Description:
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EXHIBIT B
PROGRAM WORK PLAN
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
HUD National Objectives
Low/Mod Income Type:
Objectives Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
Activity Number & Description:
Activity # Jul Aug Sep O
1.
2.
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EXHIBIT D
PROGRAM BUDGET
FY [YEAR]
AGENCY NAME: [NAME]
PROGRAM NAME: [NAME]
Program Budget (Fiscal Year 20__-20__)
Proposed Program Expenses 20__-20__ Request
Total Expenses
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EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used herein is the party contracting
with the City of Cupertino for the direct distribution of CDBG funds. If your organization will be
contracting for construction work (such as general contractors building rental apartments) to
undertake a Program (as defined in this Non-Profit/City Contract) then the requirements set forth
herein shall be complied with by the party contracted with for construction work protecting both
the non-profit and the City.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the Term of this Contract, or as may be further required herein,
the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and Program name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Housing and Community Development Program at the address set forth
in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
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B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City may
require additional coverage to be purchased by the Contractor to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this
Contract.
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d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately
to each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company without
30 days prior written notice of such cancellation or reduction in coverage to the
City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except with
respect to the Company's limit of liability.
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5. Comprehensive Automobile Liability Insurance for bodily injury (including death)
and property damage which provides total limits of not less than one million dollars ($1,000,000)
combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives,
agents, and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will furnish
City with evidence that all officials, employees, and agents handling or having access to
funds received or disbursed under this Contract, or authorized to sign or countersign
checks, are covered by a BLANKET FIDELITY BOND in an amount of AT
LEAST fifteen percent (15%) of the maximum financial obligation of the City cited herein.
If such bond is cancelled or reduced, Contractor will notify City immediately, and City
may withhold further payment to Contractor until proper coverage has been obtained.
Failure to give such notice may be cause for termination of this Contract, at the option of
the City.
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9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage
to be maintained by the Contractor and any approval of said insurance by the City or its insurance
consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Contractor pursuant to this Contract, including but not
limited to the provisions concerning indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor. However, this shall not
in any way limit liabilities assumed by the Contractor under this Contract. The City shall approve
any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the
City must order the Contractor to immediately suspend work at Contractor's expense until a new
policy of insurance is in effect.
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ADDENDUM TO EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If your organization will be contracting for construction work (such as general contractors building
rental apartments) to undertake a Program (as defined in this Non-Profit/City Contract) then the
requirements set forth in this Addendum to Exhibit "E" shall be complied with by the party
contracted with for construction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend, and hold
harmless the City of Cupertino (hereinafter "City"), its officers, agents and employees, and the
Contractor, it's officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by General and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City or the Contractor. It is the intent of the parties to this
Contract to provide the broadest possible coverage for the City and the Contractor. The General
shall reimburse the City and the Contractor for all costs, attorneys' fees, expenses and liabilities
incurred with respect to any litigation in which the General is obligated to indemnify, defend and
hold harmless the City and the Contractor under this Contract.
Insurance
Without limiting the General's indemnification of the City and the Contractor, the General shall
provide and maintain at its own expense, during the Term of this Contract, or as may be further
required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the General shall provide an original plus one copy of a
Certificate of Insurance certifying that coverage as required herein has been obtained and remains
in force for the period required by this Contract. The contract number and project name must be
stated on the Certificate of Insurance. Individual endorsements executed by the insurance carrier
shall accompany the Certificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to the
Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the Contractor and final
approval by the City. This approval of insurance shall neither relieve nor decrease the liability of
the Contractor.
B. Notice of Cancellation or Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department as
stated above, and the Contractor at the following address:
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[ADDRESS]
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A VIII, according to the current Best's
Key Rating Guide, unless otherwise approved by the City.
2. Surety coverage (including bid, performance and payment bonds) shall be required
as follows:
a. For projects in excess of $100,000:
1. Either a California Admitted Surety OR a current Treasury Listed
Surety (Federal Register); and either a current A.M. Best A IV rated Surety OR a current Standard
and Poors (S&P) rating of A;
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660*;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and not exceeding $100,000:
1. A California Admitted Surety and either a current A.M. Best B rated
Surety OR a current Standard and Poors (S&P) rating of B B;
OR
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660 ∗;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
D. Insurance Required
∗ California Code of Civil Procedure Section 995.660 in summary, states that an admitted surety must provide: 1) the original, or a certified copy
of instrument authorizing the person who executed the bond to do so; 2) a certified copy of the Certificate of Authority issued by the Insurance
Commissioner; 3) a certificate from City Clerk of Cupertino City that Certificate of Authority has not been surrendered, revoked, canceled, annulled
or suspended; 4) a financial statement showing the assets and liabilities of the insurer at the end of the quarter calendar year, prior to 30 days next
preceding the date of the execution of the bond.
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1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City m ay
require additional coverage to be purchased by the General to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2) years following acceptance of
the work by the City.
c. Contractual Liability expressly including liability assumed under
this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f. Severability of Interest clause providing that the coverage applies
separately to each insured except with respect to the limits of liability.
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City and the Contractor:
a. Additional Insured Endorsement:
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Insurance afforded by this policy shall also apply to the City of Cupertino and
Contractor as additional insureds.
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino and the Contractor shall be
excess only and not contributing with insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be canceled nor the coverage reduced by the Company without
30 days prior written notice of such cancellation or reduction in coverage to the City of Cupertino
CDBG Program, and the Contractor at the addresses set forth on page 10 of this Addendum.
d. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except with respect to the
Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death)
and property damage which provides total limits of not less than one million dollars ($1,000,000)
combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk, Course
of Construction, Installation Floater or similar first party property insurance for covering the
interest of the Contractor and the City) shall be provided by the Contractor.
The Contractor's coverage shall provide the following:
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are the subject
of this Contract, whether in process or manufacture or finished, including "in transit" coverage to
the final agreed upon destination of delivery, and including loading and unloading operations, and
such coverage shall be in force until the work and materials are accepted by the City.
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c. City and non-profit shall be named as additional insured as its interests may
appear at the time of loss.
d. Coverage shall be in an amount no less than the full replacement value of
the property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless otherwise
approved by the City and shall be borne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called
for herein, the City shall have cause to terminate this Contract in accordance with Section VII,
paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds - Prior to execution of the Contract, Contractor shall file
with the City o n the approved forms, the two surety bonds in the amounts and for the purposes
noted below, duly executed by a reputable surety company satisfactory to City, and Contractor
shall pay all premiums and costs thereof and incidental thereto. Both Contractor and the sureties
shall sign each bond.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from the prices in the bid form, and
shall insure to the benefit of persons performing labor or furnishing materials in connection with
the work of the proposed Contract. This bond shall be maintained in full force and effect
until all work under the Contract is completed and accepted by the City, and until all claims for
materials and labor have been paid.
c. The "performance bond" shall be in an amount of one hundred percent
(100%) of the Contract price as determined from the prices in the bid form. and shall insure the
faithful performance by Contractor of all work under the Contract. It shall also insure the replacing
of, or making acceptable, any defective materials or faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the City notice will
be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sureties
satisfactory to the City. No further payment shall be deemed due or will be made under the Contract
until the new sureties qualify and are accepted by the City.
All alterations, time extensions, extra and additional work, and other changes authorized
by the Specifications, or any part of the Contract, may be made without securing consent of the
surety or sureties on the contract bonds.
9. Special Provisions
The following provisions shall apply to this Contract:
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a. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by the General and any approval of said insurance by the City or the
Contractor are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the General pursuant to this Contract, including but not limited
to the provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the General in
the event of material noncompliance with the insurance requirements outlined above.
c. The Contractor shall notify the City Community Development Department
promptly of all losses or claims over $25,000 resulting from work performed under this contract,
or any products/completed operations loss or claim against the contractor resulting from any of the
contractor's work.
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EXHIBIT F
CDBG REGULATIONS
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted Program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically,
CORPORATION gives assurances and certifies with respect to the Program that it is in
compliance with the following CDBG regulations set forth in 24 CFR Part 570 (the "CDBG
Regulations"), including all subsections set forth below.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063. The Program shall be conducted and administered in
conformity with the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at
24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil
Rights Act of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of
1973 (29 USC 794 et seq.); the Age Discrimination Act of 1975 (42 USC 6101 et seq.);
Executive Order 11063, as amended by Executive Order 12259 and implementing regulations at
24 C.F.R. Part 107; Executive Order 11246, as amended by Executive Orders 11375, 12086,
11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order
12432; Executive Order 12138 as amended by Executive Order 12608; and Executive Order
13672 concerning gender identity.
2. 570.602. Section 109 of the Act.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The CITY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
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Institutions), as applicable, as they relate to the acceptance and use of Federal funds
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372. Permits states to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
13. 570.613. Eligibility restrictions for certain resident aliens.
14. 570.614. Architectural Barriers Act and the Americans with Disabilities Act. Federal
regulations issued pursuant thereto, which prohibit discrimination against the disabled in
any federally assisted program, the requirements of the Architectural Barriers Act of
1968 (42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), the requirements
of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations
issued pursuant thereto.
15. Drug Free Work Place. The requirements of the Drug Free Workplace Act of 1988
(P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24.
16. Religious Organizations. If the CORPORATION is a religious organization, as defined
by the CDBG program, all conditions prescribed by HUD for the use of CDBG Funds by
religious organizations, including the First Amendment of the United States Constitution
regarding church/state principles and the applicable constitutional prohibitions set forth in
24 C.F.R. Section 570.200(j).
17. Flood Disaster Protection. The Flood Disaster Protection Act of 1973 (P.L. 93-234).
No portion of the assistance provided under this Agreement is approved for acquisition or
construction purposes as defined under Section 3(a) of said Act, for use in an area
identified by HUD as having special flood hazards which is located in a community not
then in compliance with the requirements for participation in the national flood insurance
program pursuant to Section 201(d) of said Act. The use of any assistance provided under
this Agreement for such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program is subject to the
mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any
contract or Agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement is to contain certain provisions.
These provisions will apply if such land is located in an area identified by HUD as having
special flood hazards and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.
These provisions obligate the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under -Section
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102(s) of the Flood Disaster Protection Act of 1973. Such provisions are required
notwithstanding the fact that the construction on such land is not itself funded with
assistance provided under this Agreement.
18. Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribe
procedures for compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5.
19. Violence Against Women Act. The requirements of the Violence Against Women
Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded
programs.
20. Anti-Lobbying; Disclosure Requirements. The disclosure requirements and
prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87.
21. HUD Regulations. Any other HUD regulations present or as may be amended, added, or
waived in the future pertaining to the CDBG grant funds, including but not limited to
HUD regulations as may be promulgated regarding subrecipients.
ADDITIONAL FEDERAL REGULATIONS, REQUIREMENTS, PROVISIONS
AND CITATIONS
Provisions
Federal Regulations*
OMB Circulars
for Non Gov't.
Subrecipients
OMB
Circulars for
Gov't.
Subrecipients
Other Federal
Regulations**
1. National Objective
Compliance/Eligibility
570.200(a)(1)+(2),
570.201-570.209,
570.506
2. Scope of Work 570.503
3. Time of Performance
570.503
4. Compensations and Method of
Payment
570.502, 570.513 A-122, A-21 A-87 24 CFR Part 85
5. Program Income
570.500(a),
570.503(b)(3), 570.504
6. Record-Keeping Requirements
570.502, 570.503(b)(2),
570.506
24 CFR Parts 84 and
85
7. Reporting Requirements
570.502, 570.507 24 CFR Parts 84 and
85
8. Public Access to Program
Records
570.502, 570.508 24 CFR Parts 84 and
85
9. Grant Closeout Procedures 570.502, 570.509
10. Uniform Administrative and
Program Management
Standards
570.502, 570.503(b)(4),
570.610
A-122, A-21, A-
133
A-87, A-133 24 CFR Parts 84 and
85
11. Reversion of Assets
570.502, 570.503,
570.505
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12. Real Property
570.502, 570.503(b)(7),
570.505
13. Other Program Requirements
570.503(b)(5), 570.600-
603,
570.605-614
14. Termination 570.502,570.503 24 CFR Part 84.43
15. Compliance with
Laws/Regulations
570.501 A-122 24 CFR Parts 84 and
85
16. Antidiscrimination/
Affirmative Action and EEO
570.601, 570.602,
570.607
17. Financial Management
570.502, 570.610 24 CFR Parts 84.20
and 85.20 and
Treasury Cir. 1075
18. Audits
570.502, 570.610 A-133 A-133 24 CFR Parts 84.26
and 85.26
19. Religious and Political
Activities
570.200(j), 570.207
20. Budget Modifications 570.502. 570.503(b)(1)
21. Monitoring
570.501(b),
570.502(b)(vii),
570.503(b)(1)
24 CFR Parts 84 and
85
22. Conflict of Interest 570.611 24 CFR Parts 84 and
85
23. Procurement Methods
570.502 24 CFR Parts 84.40-
48 and 85.36
24. Budget 570.503
25. Program Schedule/Milestones 570.503
26. Environmental Review 570.503(b)(3)(1)
* Unless otherwise noted, citations are from Title 24 of the Code of Federal Regulations (CFR).
** Part 84 applies to institutions of higher education, hospitals, and other non-profit organizations; Part 85 applies to state, local, and federally
recognized Tribal governments.
Requirements Federal Regulations Other References
1. Federal Labor Standards
1. Davis-Bacon
2. Copeland Act (Anti-kickback)
3. Contract Work Hours and Safety Standards
24 CFR 570.603; 29 CFR Parts 1,
3, and 5
Section 110, Housing and
Community Development Act of
1974 (HCDA); 40 U.S.C. 276a-
276a-5; 40 U.S.C. 276c; 40 U.S.C.
327 et seq.
2. Equal Employment Opportunity
24 CFR 570.601-602,
24 CFR 570.607,
41 CFR 60
Executive Orders 11246 and
12086, 12 U.S.C. 1701u
3. List of Debarred or Ineligible Contractors
24 CFR 570.609,
24 CFR 24
4. Non-Discrimination 24 CFR Part 8,
24 CFR 570.601,
24 CFR 570.602
Section 504 of Rehab. Act of 1973,
Americans with Disabilities Act of
1990, Exec. Order 11063
5. Fire Safety Codes Local
6. Building, Housing, and Zoning Codes; Housing
Quality Standards
24 CFR 570.208(b)(1)(iv) and
(b)(2)
Local
7. Lead-Based Paint 24 CFR 570.608,
24 CFR 35
42 U.S.C. 4821 et seq.
8. Lump Sum Drawdowns 24 CFR 570.513
9. Environmental/Historic Preservation/National
Environmental Policy Act/Flood Insurance
Requirements
24 CFR 570.503(b)(5)(i),
24 CFR 570.604, 570.202,
24 CFR 58
Sec. 104(g), HCDA
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1. Siting Near Airports and Coastal Barrier
Resources
2. Fish and Wildlife Protection
3. Flood Plain
4. National Historic Preservation
5. Noise Abatement & Control
6. Wetlands
7. Air Quality
8. Coastal Zones
9. Endangered Species
10. Thermal/Explosive Hazards
11. Flood Insurance
Ref. At 24 CFR 58.6
See reference at 24 CFR
58.5570.605, 58.6
42 U.S.C. 4001 et seq.
10. Relocation, Real Property Acquisition, and One-
For-One Housing Replacement
C. Uniform Relocation Act
D. Residential anti-displacement and
relocation assistance
E. One-For-One Replacement
24 CFR 570.201(i), 570.606,
49 CFR 24,
24 CFR 570.606(c)(1)
Sect. 104(d) and 105(a)(11) of
HCDA, www.hud.gov/relocation
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BELOW MARKET RATE (BMR) AFFORDABLE HOUSING FUND (AHF)
CITY/NON-PROFIT CONTRACT
(Services Only)
This Below Market Rate (BMR) Affordable Housing Fund (AHF) City/Non -Profit
Contract (the "Contract") is entered into between the CITY OF CUPERTINO, a political
subdivision of the State of California ("CITY"), and [NAME], a non-profit public benefit
corporation (the "CORPORATION"). The allocation of funds pursuant to this Contract will be a
grant. CITY approved the allocation and disbursement of Below Market Rate ("BMR")
Affordable Housing Funds ("AHF") funds to CORPORATION on [DATE].
WITNESSETH
WHEREAS, CITY has reserved a portion of its BMR AHF funds to be used on activities
that benefit Cupertino's residents; and,
WHEREAS, CITY has agreed to the use by CORPORATION of a portion of CITY'S
BMR AHF funds for the Program (as described below) to be operated within the City for the
benefit of low and very low-income households;
NOW, THEREFORE, the parties agree as follows:
I. Program
CITY agrees to allocate a portion of its current BMR AHF funds to CORPORATION, in
the sum of [DOLLARS ($____)] (the "Grant") for the purpose of implementing the
CORPORATION'S program, as more particularly described in Exhibits A-E to the Contract (the
"Program"), and said Exhibits set forth below, as they may be amended or modified, are attached
to this Contract and incorporated herein by reference.
Exhibit A: Program Description
Exhibit B: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
II. TERM
A. The purpose of this Contract is for the CITY to disburse the Grant for eligible
activities.
B. The term of this Contract (the "Term") will begin on [DATE] and will end on
[DATE], unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII
of this Contract.
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III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to this Contract authorized by City
Council for the fiscal year subsequent to the initial term of this Contract, contingent on the
following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract;
B. CITY 'S appropriation of BMR AHF funds for this Program;
C. CORPORATION'S satisfactory performance, as determined in the CITY's sole
discretion, of all its obligations as stated in this Contract;
D. Submission to CITY of current proof of insurance satisfying the requirements set
forth in Exhibit E.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION 'S personnel policies and
procedures.
2. During the Contract Term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to CITY.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
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5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit
Corporation Laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the Program within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports on the type and number of services rendered
through the operation of the Program, and a description of the beneficiaries of these services, and
which reports will evaluate the manner in which the Program is achieving its objectives and
goals according to the standards established by CITY. The progress reports will be due ten (10)
days after the close of each reporting period and must cover the three (3) months immediately
preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation
or services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten (10) days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and publications
using words to the effect: "funded in whole or in part by the City of Cupertino General Funds."
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the Term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory audit within one hundred fifty (150) days of CORPORATION's
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fiscal year encompassed by the first year of this Contract.
3. Document all Program costs by maintaining records in accordance with
Section IV, Paragraph D below.
4. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract Term. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract Term. Funds not disbursed
will be returned to the City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit E and provide a current
insurance certificate evidencing such coverage.
6. Deliver to the CITY a copy of the resolution authorizing
CORPORATION's execution of this Contract.
7. Items 4 through 6 above are express conditions precedent to disbursement
of any CITY funding and failure to comply with these conditions will, at discretion of CITY,
result in suspension of funding or termination of this Contract.
8. If CORPORATION does not use the Grant funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to disallowed
costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including,
but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank
statements, client statistical records, personnel, property and all other pertinent records sufficient
to reflect properly (a) all direct and indirect costs of whatever nature claimed to have been
incurred or anticipated to be incurred to perform this Contract or to operate the Program, and (b)
all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided
in connection with the Program. Such data will include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of service
provided. Such information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its
records:
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1. Until five (5) years following date of final payment under this Contract, or
2. For such longer period, if any, as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five (5) years from
the date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that the CITY, and/or
any duly authorized representatives may until expiration of the later of: (a) five (5) years after
final payment under this Contract, (b) five (5) years from the date of termination of this Contract,
or (c) such longer period as may be described by applicable law, have access to and the right to
examine its plants, offices and facilities used in the performance of this Contract or the operation
of the Program, and all its records with respect to the Program and all matters covered by this
Contract. CORPORATION also agrees that CITY or any duly authorized representatives will
have the right to audit, examine, and make excerpts or transactions of and from, such records and
to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data relating to the Program and matters
covered by this Contract. CORPORATION will be notified in advance that an audit will be
conducted. CORPORATION will be required to respond to any audit findings, and have the
responses included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any, to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees.
H. Suspension and Termination. If CORPORATION materially fails to comply with
any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no
event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this
Contract or any default, which may then exist on the part of CORPORATION, nor shall such
payment impair or prejudice any remedy available to CITY with respect to the breach or default.
CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of
any funds disbursed to CORPORATION under this Contract, which were not expended in
accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any
such funds upon demand.
Notwithstanding the above, CORPORATION shall not be relieved of liability to CITY for
damages sustained by CITY or others by virtue of any breach of the Contract by
CORPORATION, and CITY may withhold any payments to the CORPORATION for the
purpose of set off until such time as the exact amount of damages due CITY from
CORPORATION is determined.
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I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any Grant funds on hand at the time of expiration and
any accounts receivable attributable to the use of such funds.
J. Conflict of Interest. In accordance with Government Code Section 1090 and the
Political Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. CORPORATION shall exercise due diligence to ensure that
the prohibition in this Section is followed.
Further, no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, shall
make or participate in a decision, made by the CITY or a CITY board, commission or
committee, if it is reasonably foreseeable that the decision will have a material effect on any
source of income, investment or interest in real property of that person or CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions
used in the Political Reform Act, Government Code Section 87100 et seq., its implementing
regulations manual and codes, and Government Code Section 1090.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the Term of this Contract, CITY shall disburse the
BMR AHF Grant funds to CORPORATION on a reimbursement basis unless otherwise provided
herein for all allowable costs and expenses incurred in connection with the Program, not to
exceed the total sum set forth in Article I. CITY may, at any time in its absolute discretion, elect
to suspend or terminate payment to CORPORATION, in whole or in part, pursuant to this
Contract based on CORPORATION'S non-compliance, including, but not limited to, incomplete
documentation of expenses, failure to substantially meet goals and objectives as required in
Exhibit B ("Program Work Plan"), failure to submit adequate progress reports as required herein
or other incidents of non-compliance as described in Section VII, Paragraph B of this Contract or
based on the refusal by CORPORATION to accept any additional conditions that may be
imposed by City at any time to ensure compliance with the terms of this Contract.
VI. PROGRAM COORDINATION
A. CITY. The CITY has designated the Senior Housing Planner for CITY who will
render overall supervision of the progress and performance of this Contract by CITY.
B. CORPORATION. As of the date hereof, CORPORATION has designated
[NAME] to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
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progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: [ADDRESS]
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the
Program performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information and reports necessary
for DIRECTOR to monitor, review and evaluate the performance of the Program and its
components. CITY will have the right to request the services of an outside agent to assist in any
such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the Program.
2. If there is pending litigation with respect to the performance by
CORPORATION if any of its duties or obligations under this Contract, which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION has taken any action pertaining to the Program, which
action required CITY approval, and such approval was not obtained.
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4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7. If CORPORATION fails to meet the stated objectives in the Program
Work Plan attached as Exhibit B.
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance as defined in Section VII, Paragraph B; CORPORATION is insolvent or in
bankruptcy or receivership; a member of the CORPORATION'S Board of Directors or the
executive director is found to have committed fraud or; there is reliable evidence that
CORPORATION is unable to complete the Program as described in the attached Exhibits. The
date of termination will be as specified in the notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for
cause set forth in Section VII, either CITY or CORPORATION may suspend or terminate this
Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon
receipt of such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds to the CITY.
D. Upon termination of this Contract, CORPORATION must immediately provide
CITY access to all documents, records, payroll, minutes of meetings, correspondence and all
other data pertaining to Grant made to CORPORATION pursuant to this Contract.
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IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income. CORPORATION will
annually report all program income generated by activities carried out with Grant funds made
available under this Contract. By way of further limitations, CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand. All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY 's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten (10) days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or
subcontract, CORPORATION shall remain fully liable for all obligations and requirements
under this Contract including the performance and any liabilities attaching to the assignees’
actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the Program pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Contract, and then only to
persons having responsibilities under this Contract, including those furnishing services under the
Program through approved subcontracts.
XIII. HOLD HARMLESS
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In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond
Requirements for Non-Profit Contracts", CORPORATION will indemnify and hold harmless the
CITY, its employees, agents, and officials, members of boards and commissions, from any and
all claims, actions, suits, charges and judgments whatsoever, with respect to any damages,
including attorney's fees and court costs, arising out of the failure of the CORPORATION's
Program to comply with applicable laws, ordinances, codes, regulations and decrees.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect to such
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the Program or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the Grant funds disbursed for this program.
XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III. above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto. Amendments will
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not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Captions. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Contract.
B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits
the discretion of the CITY in the permit and approval process in connection with the Program.
C. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit
A (Program Description), Exhibit B (Program Work Plan), Exhibit C (Proposed Implementation
Time Schedule), Exhibit D (Program Budget), Exhibit E (Basic Insurance and Bond
Requirements for Non-Profit Contracts).
D. Interpretation. Each party to this Contract has had an opportunity to review the
Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate
revisions to the Contract. This Contract shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties had prepared it. The parties have read and reviewed
this Contract and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (including but not limited to Civil Code Section 1654 as may
be amended from time to time, or any other state law, or common law principle) shall not apply
to the interpretation of this Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this
Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, legal representatives, successors, and assigns.
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H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this
Contract, the prevailing party will have the right to recover its reasonable attorneys ' fees and
costs of suit from the other party.
I. Severability. If any Term of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
J. Authorization. The persons signing below are duly authorized to execute this
Contract.
K. Multiple Originals; Counterpart. This Agreement may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
CORPORATION: CITY:
CITY OF CUPERTINO, a municipal
corporation
By: ___________________________ By:
___________________________________ __________________________________
[NAME] David Brandt
[TITLE] City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
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EXHIBIT A
PROGRAM DESCRIPTION
Agency Name:
Executive Director:
Project Manager:
Grant # (For Office Use Only)
Street Address:
City:
State:
Zip Code:
Telephone number:
Fax Number:
Project Manager E-mail
Address:
Name of Project/Program:
Project/Program Location:
Project Description:
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EXHIBIT B
PROGRAM WORK PLAN
FY [YEAR]
AGENCY NAME:
PROGRAM NAME:
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY [YEAR]
AGENCY NAME:
PROGRM NAME:
Activity Number & Description:
Activity
# Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1.
2.
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EXHIBIT D
PROGRAM BUDGET
FY [YEAR]
Agency Name:
Project Name:
Proposed Program Expenses FY [YEAR]
Total Expenses
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EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of BMR AHF funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the Term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. Program COORDINATION, Paragraph C., NOTICES. The Contractor
shall not issue a Notice to Proceed with the work under this Contract until it has obtained all
insurance required and such insurance has been approved by the City. This approval of insurance
shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
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C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
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4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City wi th evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
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However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City sh all approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
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GENERAL FUND HUMAN SERVICE GRANTS PROGRAM
CITY/NON-PROFIT CONTRACT
(Services Only)
This General Fund Human Services Grants Program City/Non-Profit Contract (the
"Contract") is entered into between the CITY OF CUPERTINO, a political subdivision of the
State of California (hereinafter “CITY”), and [NAME], a non-profit public benefit corporation
(the "CORPORATION"). The allocation of funds pursuant to this Contract will be a grant.
CITY approved the allocation and disbursement of General Fund Human Service Grants
("HSG") funds to CORPORATION on [DATE].
WITNESSETH
WHEREAS, CITY has reserved a portion of its HSG funds to be used on activities that
benefit Cupertino’s residents; and,
WHEREAS, CITY has agreed to the use by CORPORATION of a portion of CITY’S
HSG budget for the Program (as described below) to be operated within CITY for the benefit of
low and very low-income households;
NOW, THEREFORE, the parties agree as follows:
I. Program
CITY agrees to allocate a portion of its current HSG funds to CORPORATION, in the
sum of [DOLLARS ($____)] (the "Grant") for the purpose of implementing the
CORPORATION'S program, as more particularly described in Exhibits A-E to the Contract (the
"Program"), and said Exhibits set forth below, as they may be amended or modified, are attached
to this Contract and incorporated herein by reference.
Exhibit A: Program Description
Exhibit B: Program Work Plan
Exhibit C: Proposed Implementation Timeline Schedule
Exhibit D: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
II. TERM
A. The purpose of this Contract is for the CITY to disburse the Grant for eligible
activities.
B. The term of this Contract (the "Term") will begin on [DATE] and will end on
[DATE], unless otherwise amended or terminated earlier pursuant to Section VII or Section VIII
of this Contract.
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III. SECOND YEAR RENEWAL OPTIONS
The term of this Contract may be extended by an amendment to this Contract authorized by City
Council for the fiscal year subsequent to the initial term of this Contract, contingent on the
following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract;
B. CITY'S appropriation of HSG funds for this Program;
C. CORPORATION'S satisfactory performance, as determined in the CITY's sole
discretion, of all its obligations as stated in this Contract;
D. Submission to CITY of current proof of insurance satisfying the requirements set
forth in Exhibit E.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the current Bylaws of CORPORATION;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and,
e) An adopted copy of CORPORATION'S personnel policies and
procedures.
2. During the Contract Term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, or tax exempt status to CITY.
3. Maintain no member of its Board of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
4. Open to the public meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
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5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California and Federal Non-Profit
Corporation Laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the Program within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports on the type and number of services rendered
through the operation of the Program, and a description of the beneficiaries of these services, and
which reports will evaluate the manner in which the Program is achieving its objectives and
goals according to the standards established by CITY. The progress reports will be due ten (10)
days after the close of each reporting period and must cover the three (3) months immediately
preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation
or services from local, state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten (10) days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and publications
using words to the effect: "funded in whole or in part by the City of Cupertino General Funds."
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the Term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory audit within one hundred fifty (150) days of CORPORATION's
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fiscal year encompassed by the first year of this Contract.
3. Document all Program costs by maintaining records in accordance with
Section IV, Paragraph D below.
4. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract Term. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract Term. Funds not disbursed
will be returned to the City for future reallocation.
5. Certify current and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit E and provide a current
insurance certificate evidencing such coverage.
6. Deliver to the CITY a copy of the resolution authorizing
CORPORATION's execution of this Contract.
7. Items 4 through 6 above are express conditions precedent to disbursement
of any CITY funding and failure to comply with these conditions will, at discretion of CITY,
result in suspension of funding or termination of this Contract.
8. If CORPORATION does not use the Grant funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to disallowed
costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. Maintain complete and accurate records of all its transactions including,
but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank
statements, client statistical records, personnel, property and all other pertinent records sufficient
to reflect properly (a) all direct and indirect costs of whatever nature claimed to have been
incurred or anticipated to be incurred to perform this Contract or to operate the Program, and (b)
all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided
in connection with the Program. Such data will include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of service
provided. Such information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its
records:
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1. Until five (5) years following date of final payment under this Contract, or
2. For such longer period, if any, as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five (5) years from
the date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that the CITY, and/or
any duly authorized representatives may until expiration of the later of: (a) five (5) years after
final payment under this Contract, (b) five (5) years from the date of termination of this Contract,
or (c) such longer period as may be described by applicable law, have access to and the right to
examine its plants, offices and facilities used in the performance of this Contract or the operation
of the Program, and all its records with respect to the Program and all matters covered by this
Contract. CORPORATION also agrees that CITY or any duly authorized representatives will
have the right to audit, examine, and make excerpts or transactions of and from, such records and
to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data relating to the Program and matters
covered by this Contract. CORPORATION will be notified in advance that an audit will be
conducted. CORPORATION will be required to respond to any audit findings, and have the
responses included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any, to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees.
H. Suspension and Termination. If CORPORATION materially fails to comply with
any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no
event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this
Contract or any default, which may then exist on the part of CORPORATION, nor shall such
payment impair or prejudice any remedy available to CITY with respect to the breach or default.
CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of
any funds disbursed to CORPORATION under this Contract, which were not expended in
accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any
such funds upon demand.
Notwithstanding the above, CORPORATION shall not be relieved of liability to CITY for
damages sustained by CITY or others by virtue of any breach of the Contract by
CORPORATION, and CITY may withhold any payments to the CORPORATION for the
purpose of set off until such time as the exact amount of damages due CITY from
CORPORATION is determined.
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I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any Grant funds on hand at the time of expiration and
any accounts receivable attributable to the use of such funds.
J. Conflict of Interest. In accordance with Government Code Section 1090 and the
Political Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after, such person's tenure. CORPORATION shall exercise due diligence to ensure that
the prohibition in this Section is followed.
Further, no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, shall
make or participate in a decision, made by the CITY or a CITY board, commission or
committee, if it is reasonably foreseeable that the decision will have a material effect on any
source of income, investment or interest in real property of that person or CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions
used in the Political Reform Act, Government Code Section 87100 et seq., its implementing
regulations manual and codes, and Government Code Section 1090.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the Term of this Contract, CITY shall disburse the
HSG Grant funds to CORPORATION on a reimbursement basis unless otherwise provided
herein for all allowable costs and expenses incurred in connection with the Program, not to
exceed the total sum set forth in Article I. CITY may, at any time in its absolute discretion, elect
to suspend or terminate payment to CORPORATION, in whole or in part, pursuant to this
Contract based on CORPORATION'S non-compliance, including, but not limited to, incomplete
documentation of expenses, failure to substantially meet goals and objectives as required in
Exhibit B ("Program Work Plan"), failure to submit adequate progress reports as required herein
or other incidents of non-compliance as described in Section VII, Paragraph B of this Contract or
based on the refusal by CORPORATION to accept any additional conditions that may be
imposed by City at any time to ensure compliance with the terms of this Contract.
VI. PROGRAM COORDINATION
A. CITY. The CITY has designated the Senior Housing Planner for CITY who will
render overall supervision of the progress and performance of this Contract by CITY.
B. CORPORATION. As of the date hereof, CORPORATION has designated
[NAME] to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
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progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY: Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: [ADDRESS]
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the
Program performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information and reports necessary
for DIRECTOR to monitor, review and evaluate the performance of the Program and its
components. CITY will have the right to request the services of an outside agent to assist in any
such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the Program.
2. If there is pending litigation with respect to the performance by
CORPORATION if any of its duties or obligations under this Contract, which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION has taken any action pertaining to the Program, which
action required CITY approval, and such approval was not obtained.
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4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7. If CORPORATION fails to meet the stated objectives in the Program
Work Plan attached as Exhibit B.
C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Contract as set forth in Section VIII below.
VIII. TERMINATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance as defined in Section VII, Paragraph B; CORPORATION is insolvent or in
bankruptcy or receivership; a member of the CORPORATION'S Board of Directors or the
executive director is found to have committed fraud or; there is reliable evidence that
CORPORATION is unable to complete the Program as described in the attached Exhibits. The
date of termination will be as specified in the notice.
B. Termination for Convenience. In addition to the CITY'S right to terminate for
cause set forth in Section VII, either CITY or CORPORATION may suspend or terminate this
Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon
receipt of such notice, performance of the services hereunder will be immediately discontinued.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds to the CITY.
D. Upon termination of this Contract, CORPORATION must immediately provide
CITY access to all documents, records, payroll, minutes of meetings, correspondence and all
other data pertaining to Grant made to CORPORATION pursuant to this Contract.
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IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income. CORPORATION will
annually report all program income generated by activities carried out with Grant funds made
available under this Contract. By way of further limitations, CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand. All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill, and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten (10) days prior to the
proposed effective date. In the event CITY approves of any such assignment, delegation or
subcontract, CORPORATION shall remain fully liable for all obligations and requirements
under this Contract including the performance and any liabilities attaching to the assignees’
actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the Program pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Contract, and then only to
persons having responsibilities under this Contract, including those furnishing services under the
Program through approved subcontracts.
XIII. HOLD HARMLESS
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In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond
Requirements for Non-Profit Contracts", CORPORATION will indemnify and hold harmless the
CITY, its employees, agents, and officials, members of boards and commissions, from any and
all claims, actions, suits, charges and judgments whatsoever, with respect to any damages,
including attorney's fees and court costs, arising out of the failure of the CORPORATION's
Program to comply with applicable laws, ordinances, codes, regulations and decrees.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect to such
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the Program or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the Grant funds disbursed for this program.
XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III. above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto. Amendments will
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not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire agreement between CITY and CORPORATION with respect to
the subject matter hereof. No written or oral agreements with any officer, agent or employee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Captions. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Contract.
B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits
the discretion of the CITY in the permit and approval process in connection with the Program.
C. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit
A (Program Description), Exhibit B (Program Work Plan), Exhibit C (Proposed Implementation
Time Schedule), Exhibit D (Program Budget), Exhibit E (Basic Insurance and Bond
Requirements for Non-Profit Contracts).
D. Interpretation. Each party to this Contract has had an opportunity to review the
Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate
revisions to the Contract. This Contract shall not be construed as if it had been prepared by one
of the parties, but rather as if both parties had prepared it. The parties have read and reviewed
this Contract and agree that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (including but not limited to Civil Code Section 1654 as may
be amended from time to time, or any other state law, or common law principle) shall not apply
to the interpretation of this Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this
Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract
shall be binding upon and inure to the benefit of the parties and their heirs, executors,
administrators, legal representatives, successors, and assigns.
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H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this
Contract, the prevailing party will have the right to recover its reasonable attorneys' fees and
costs of suit from the other party.
I. Severability. If any Term of this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in
full force and effect unless the rights and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
J. Authorization. The persons signing below are duly authorized to execute this
Contract.
K. Multiple Originals; Counterpart. This Agreement may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
CORPORATION: CITY:
CITY OF CUPERTINO, a municipal
corporation
By: ___________________________ By:
___________________________________ __________________________________
[NAME] David Brandt
[TITLE] City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Randolph Stevenson Hom Date Grace Schmidt Date
City Attorney City Clerk
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EXHIBIT A
PROGRAM DESCRIPTION
Agency Name:
Executive Director:
Project Manager:
Grant # (For Office Use Only)
Street Address:
City:
State:
Zip Code:
Telephone number:
Fax Number:
Project Manager E-mail
Address:
Name of Project/Program:
Project/Program Location:
Project Description:
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EXHIBIT B
PROGRAM WORK PLAN
FY [YEAR]
AGENCY NAME:
PROGRAM NAME:
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
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EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY [YEAR]
AGENCY NAME:
PROGRM NAME:
Activity Number & Description:
Activity
# Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1.
2.
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EXHIBIT D
PROGRAM BUDGET
FY [YEAR]
Agency Name:
Project Name:
Proposed Program Expenses FY [YEAR]
Total Expenses
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FY [YEAR] General Fund Human Service Grants City/Non-Profit Contract
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party
contracting with the City of Cupertino for the direct distribution of HSG funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the Term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. Program COORDINATION, Paragraph C., NOTICES. The Contractor
shall not issue a Notice to Proceed with the work under this Contract until it has obtained all
insurance required and such insurance has been approved by the City. This approval of insurance
shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
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FY [YEAR] General Fund Human Service Grants City/Non-Profit Contract
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved, the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
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FY [YEAR] General Fund Human Service Grants City/Non-Profit Contract
4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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FY [YEAR] General Fund Human Service Grants City/Non-Profit Contract
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City ma y withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
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FY [YEAR] General Fund Human Service Grants City/Non-Profit Contract
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City sh all approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
394
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5188 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:3/14/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: 2019 General Plan Annual Progress Report (Application No.(s): CP-2019-01; Applicant(s):
City of Cupertino; Location: Citywide)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - 2019 Implementation Plan
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: 2019 General Plan Annual Progress Report (Application No.(s): CP-2019-01;
Applicant(s): City of Cupertino; Location: Citywide)
That the City Council accept the General Plan Annual Progress Report.
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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Page 1
G ENERAL P LAN
A DMINISTRATION AND
I MPLEMENTATION
If the City’s General Plan is to serve its purpose effectively, it must be reviewed, maintained, and implemented
in a systematic and consistent manner. Implementation of the General Plan will occur through participation by a
number of parties including residents, elected and appointed City officials, City staff, and City partners (e.g., Santa
Clara County Sheriff and Fire). This document provides direction on how the City will implement and maintain
the General Plan and sets out specific actions the City will undertake to achieve the goals and policies of the Gen-
eral Plan.
It includes a summary of implementation programs for the General Plan followed by tables that list specific im-
plementation programs, organized by the topics addressed in the General Plan Elements.
Specific Implementation Programs
Specific implementation programs are listed in the following tables. Each implementation program is a descrip-
tion of which policy(ies) the program implements, which City department(s) is responsible for implementation,
and which department(s) will support the responsible department(s).
Each program also identifies a potential funding source for the program. This is intended only to inform the City
budgeting process. It does not commit funding to a program for a given timeframe. The City will determine as
part of the annual budget process which programs will be funded based on available City resources and needs.
Finally, to the right of each program is a timeline that identifies when the implementation will becompleted.
The implementation program tables are organized as follows:
Table GPA: General Plan Administration Implementation Programs
Table LU: Land Use and Community Design
Table H: Housing
Table M: Mobility
Table ES: Environmental Resources and Sustainability
Table HS: Health and Safety
Table INF: Infrastructure
Table RPC: Recreation, Parks and Community Service
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Table GPA GENERAL PLAN IMPLEMENTATION
Implementation Programs - State Law
2016–20182019–20212022–2040AnnualOngoingCompleted1. General Plan Annual Report. The City shall prepare and submit an annual
report to the City Council that summarizes the implementation of the General
Plan, including the status of implementation programs. The report shall also be
submitted to the Office of Planning and Research.
Implements Which Policy(ies)State Law
Responsible Department(s)
Supporting Department(s)/
Partner(s)
Community Development – Building, Planning,
Economic Development and Code Enforcement;
Public Works – Development Services, Trans-
portation, Service Center, Park Improvement,
and Environmental Programs; Administrative
Services – Finance and Human Resources;
Human Resources, Information Services, City
Manager, City Manager – Economic Devel-
opment, Emergency Services, Sustainability
Programs and Public Affairs; Recreation and
Community Services – Park Improvement,
Business & Community Services, Recreation
& Education Division and Sports, Safety &
Outdoor RecreationQuinlan Community Center,
Senior Services, Outdoor Recreation & Youth
Developmen, and Sports & Fitness, Santa Clara
County Sheriff’s office, City Attorney
Funding Source(s)General Fund
2. General Plan Update. The City shall review and update(as necessary) the
General Plan periodically.
Implements Which Policy(ies)State Law
Responsible Department(s)
Supporting Department(s)/
Partner(s)
Community Development – Building, Planning,
Economic Development and Code Enforcement;
Public Works – Development Services, Trans-
portation, Service Center, Park Improvement,
and Environmental Programs; Administrative
Services – Finance and Human Resources;
Human Resources, Information Services, City
Manager, City Manager – Economic Devel-
opment, Emergency Services, Sustainability
Programs and Public Affairs; Recreation and
Community Services – Park Improvement,
Business & Community Services, Recreation
& Education Division and Sports, Safety &
Outdoor RecreationQuinlan Community Center,
Senior Services, Outdoor Recreation & Youth
Developmen, and Sports & Fitness, Santa Clara
County Sheriff’s office, City Attorney
Funding Source(s)General Fund
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Table GPA GENERAL PLAN IMPLEMENTATION
Implementation Programs - State Law
2016–20182019–20212022–2040AnnualOngoingCompleted3. Master Plans, Strategies, and Programs Updates. As part of its process to
develop the Operating Budget, the City shall review a list of its adopted master
plans, strategies, and programs and identify those that will be reviewed and updat-
ed, as necessary. The City shall develop and maintain a publicly available list of
its adopted master plans, strategies, and programs.
Implements Which Policy(ies)State Law
Responsible Department(s)
Supporting Department(s)/
Partner(s)
Community Development – Building, Planning,
Economic Development and Code Enforcement;
Public Works – Development Services, Trans-
portation, Service Center, Park Improvement,
and Environmental Programs; Administrative
Services – Finance and Human Resources;
Human Resources, Information Services, City
Manager, City Manager – Economic Devel-
opment, Emergency Services, Sustainability
Programs and Public Affairs; Recreation and
Community Services – Park Improvement,
Business & Community Services, Recreation
& Education Division and Sports, Safety &
Outdoor RecreationQuinlan Community Center,
Senior Services, Outdoor Recreation & Youth
Developmen, and Sports & Fitness, Santa Clara
County Sheriff’s office, City Attorney
Funding Source(s)General Fund
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedBALANCED COMMUNITY
1. Land Use and Transportation. The City shall focus higher land use intensities
and densities within half–mile of public transit service, and along major corridors.
Implements Which Policy(ies)LU – 1.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager, Community Development
– Building; Public Works – Development
Services, Transportation, Service Center, and
Environmental Programs, City Manager –
Sustainability Program; Sheriff; Fire; Cupertino
Sanitary District
Funding Source(s)General Fund
2. Planning Area Allocations. Development allocations are assigned for various
Planning Areas. However, some flexibility may be allowed for transferring allo-
cations among Planning Areas provided no significant environmental impacts are
identified beyond those already studied in the Environmental Impact Report (EIR)
for Community Vision 2040.
Implements Which Policy(ies)LU – 1.2.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager, Community Development –
Building, Public Works – Development Ser-
vices, Transportation, Service Center, Envi-
ronmental Programs, Sheriff, Fire, Cupertino
Sanitary District
Funding Source(s)General Fund
3. Major Employers. Reserve a development allocation for major companies with
sales office and corporate headquarters in Cupertino. Prioritize expansion of office
space for existing major companies. New office development must demonstrate
that the development positively contributes to the fiscal well–being of the city.
Implements Which Policy(ies)
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager, Community Development –
Building, Public Works – Development Ser-
vices, Transportation, Service Center, Envi-
ronmental Programs, Sheriff, Fire, Cupertino
Sanitary District
Funding Source(s)General Fund
399
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted4. Unused Development Allocation. Unused development allocations may be re–
assigned to the citywide allocation table per Planning Area, when development
agreements and development permits expire.
Implements Which Policy(ies)LU – 1.2.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager, Community Development –
Building
Funding Source(s)General Fund
5. Neighborhood Allocation. Allocate residential units in neighborhoods through
the building permit process unless subdivision or development applications are
required.
Implements Which Policy(ies)LU – 1.2.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
6. Land Use in All Citywide Mixed–Use Districts. Encourage land uses that sup-
port the activity and character of mixed–use districts and economic goals.
Implements Which Policy(ies)LU – 1.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building; and City
Manager – Economic Development; Public
Works – Development Services, Transportation,
Environmental Programs, Sheriff.
Funding Source(s)General Fund
7. Commercial and Residential Uses. Review the placement of commercial and
residential uses based on the following criteria:
1. All mixed–use areas with commercial zoning will require retail as a substantial
component. The North De Anza Special Area is an exception.
2. All mixed–use residential projects should be designed on the “mixed–use vil-
lage” concept discussed earlier in this Element.
3. On sites with a mixed–use residential designation, residential is a permitted use
only on Housing Element sites and in the Monta Vista Village Special Area.
4. Conditional use permits will be required on mixed–use Housing Element sites
that propose units above the allocation in the Housing Element, and on non–
Housing Element mixed–use sites.
Implements Which Policy(ies)LU – 1.3.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building; and City
Manager – Economic Development; Public
Works – Development Services, Transportation
and Environmental Programs; Sheriff; Fire
Funding Source(s)General Fund
400
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted8. Public and Quasi–Public Uses. Review the placement of public and quasi–pub-
lic activities in limited areas in mixed–use commercial and office zones when the
following criteria are met:
1. The proposed use is generally in keeping with the goals for the Planning Area,
has similar patterns of traffic, population or circulation of uses with the area and
does not disrupt the operation of existing uses.
2. The building form is similar to buildings in the area (commercial or office
forms). In commercial areas, the building should maintain a commercial interface
by providing retail activity, storefront appearance or other design considerations
in keeping with the goals of the Planning Area.
Implements Which Policy(ies)LU – 1.3.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
9. Parcel Assembly. Encourage parcel assembly and discourage parcelization to
ensure that infill development meets City standards and provides adequate buffers
to neighborhoods.
Implements Which Policy(ies)LU – 1.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager, Public Works – Development
Services and Transportation
Funding Source(s)General Fund
10. Community Health Through Land Use. Promote community health through
land use and design.
Implements Which Policy(ies)LU – 1.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager – Sustainability; Public Works –
Environmental Programs
Funding Source(s)General Fund, Grants
11. Jobs/Housing Balance. Strive for a more balanced ratio of jobs and housing
units.
Implements Which Policy(ies)LU – 1.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager
Funding Source(s)General Fund, Grants
401
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedCOMMUNITY IDENTITY
12. Gateways. Implement a gateway plan for the City’s entry points (Figure LU–1)
and identify locations and design guidelines for gateway features. Look for
opportunities to reflect the gateway concept when properties adjacent to defined
gateways are redeveloped.
Implements Which Poli-
cy(ies)LU – 2.1
Responsible Department(s)Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; City
Manager
Funding Source(s)General Fund, Development fees
13. Pedestrian–Oriented Public Spaces. Require development to incorporate pedes-
trian–scaled elements along the street and within the development such as parks,
plazas, active uses along the street, active uses, entries, outdoor dining and public
art.
Implements Which Policy(ies)LU – 2.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services; City
Manager; Fire
Funding Source(s)General Fund, Development fees
SITE AND BUILDING DESIGN
14. Site Planning. Ensure that project sites are planned appropriately to create a
network of connected internal street that improve pedestrian and bicycle access,
provide public open space and building layouts that support city goals related to
streetscape character for various Planning Areas and corridors.
Implements Which Policy(ies)LU – 3.1
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Transpor-
tation
Supporting Department(s)/
Partner(s)Community Development – Building; Fire
Funding Source(s)General Fund, Development Fees
15. Building Heights and Setback Ratios. Maximum heights and setback ratios are
specified in the Community Form Diagram (Figure LU–2). As indicated in the
figure, taller heights are focused on major corridors, gateways and nodes. Setback
ratios are established to ensure that the desired relationship of buildings to the
street is achieved.
Implements Which Policy(ies)LU – 3.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
402
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted16. Building Design. Ensure that building layouts and design are compatible with the
surrounding environment and enhance the streetscape and pedestrian activity.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services and
Transportation
Funding Source(s)General Fund, Development Fees
17. Strategy LU–3.3.1. Attractive Design. Emphasize attractive building and site
design by paying careful attention to building scale, mass, placement, architec-
ture, materials, landscaping, screening of equipment, loading areas, signage and
other design considerations.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building, Public
Works – Development Services and Transporta-
tion, Fire
Funding Source(s)General Fund, Development Fees
18. Strategy LU–3.3.2. Mass and Scale. Ensure that the scale and interrelationships
of new and old development complement each other. Buildings should be grouped
to create a feeling of spatial utility.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)General Fund, Development Fees
19. Strategy LU–3.3.3. Transitions. Buildings should be designed to avoid abrupt
transitions with existing development, whether they are adjacent or across the
street. Consider reduced heights, buffers and/or landscaping to transition to resi-
dential and/or low–intensity uses in order to reduce visual and privacy impacts.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)General Fund, Development Fees
20. Strategy LU–3.3.4. Compatibility. Ensure that the floor area ratios of multi–
family residential developments are compatible with buildings in the surrounding
area. Include a mix of unit types adn avoid excessively large units.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
403
Page 9
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted21. Strategy LU–3.3.5. Building Location. Encourage building location and entries
closer to the street while meeting appropriate landscaping and setback require-
ments.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
22. Strategy LU–3.3.6. Architecture and Articulation. Promote high–quality archi-
tecture, appropriate building articulation and use of special materials and architec-
tural detailing to enhance visual interest.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
23. Strategy LU–3.3.7. Street Interface. Ensure development enhances pedestrian
activity by providing active uses within mixed–use areas and appropriate design
features within residential areas along a majority of the buildng frontage facing
the street. Mixed–use development should include retail, restaurant, outdoor
dining, main entries, etc. Residential development should include main entrances,
lobbies, front stoops and porches, open space and other similar features.Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
24. Strategy LU–3.3.8. Drive–up Services. Allow drive–up service facility only
when adequate circulation, parking, noise control, architectural features and
landscaping are compatible with the expectations of the Planning Area, and when
residential areas are visually buffered. Prohibit drive–up services in areas where
pedestrian–oriented activity and design are highly encouraged, such as Heart
of the City, North De Anza Boulevard, Monta Vista Village and neighborhood
centers.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
404
Page 10
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted25. Strategy LU–3.3.9. Specific and Conceptual Plans. Maintain and update Specif-
ic/Conceptual plans and design guidelines for Special Areas such as Heart of the
City, Crossroads, Homestead Corridor, Vallco Shopping District, North and South
De Anza corridors and Monta Vista Village.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building, Public
Works – Development Services and Transporta-
tion, Public Works – Environmental Programs;
Fire; Cupertino Sanitary District
Funding Source(s)General Fund
26. Strategy LU–3.3.10. Entrances. In multi–family projects where residential uses
may front on streets, require pedestrian–scaled elements such as entries, stoops
and porches along the street.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services and
Transportation
Funding Source(s)Development Fees
27. Strategy LU–3.3.11. Multiple–Story Buildings and Residential Districts. Al-
low construction of multiple–story buildings if it is found that nearby residential
districts will not suffer from privacy intrusion or be overwhelmed by the scale of
a building or group of buildings.
Implements Which Policy(ies)LU – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)Development Fees
STREETSCAPE DESIGN
28. Street and Sidewalks. Ensure that the design of streets, sidewalks and pedestrian
and bicycle amenities are consistent with the vision for each Planning Area and
Complete Streets policies.
Implements Which Policy(ies)LU – 4.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services and
Transportation; Community Development –
Building; Fire
Funding Source(s)General Fund, Development Fees
405
Page 11
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted29. Street Trees and Landscaping. Ensure that tree planting and landscaping along
streets visually enhances the streetscape and is consistent for the vision for each
Planning Area (Special Areas and Neighborhoods):
1. Maximize street tree planting along arterial street frontages between
buildings and/or parking lots.
2. Provide enhanced landscaping at the corners of all arterial intersections.
3. Enhance major arterials and connectors with landscaped medians to
enhance their visual character and serve as traffic calming devices.
4. Develop uniform tree planting plans for arterials, connectors and neigh-
borhood streets consistent with the vision for the Planning Area.
5. Landscape urban areas with formal planting arrangements.
6. Provide a transition to rural and semi–rural areas in the City, generally
west of Highway 85.
Implements Which Policy(ies)LU – 4.2
Responsible Department(s)Public Works – Service Center
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Com-
munity Development – Planning
Funding Source(s)General Fund, Development Fees
CONNECTIVITY
30. Neighborhood Centers. Retain and enhance local neighborhood shopping
centers and improve pedestrian and bicycle access to neighborhoods to improve
access to goods and services.
Implements Which Policy(ies)LU – 5.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Economic Devel-
opment and Building, Public Works – Develop-
ment Service and Transportation, City Manager
– Sustainability
Funding Source(s)General Fund, Development Fees
30. Mixed–Use Villages. Where housing is allowed along major corridors or neigh-
borhood commercial areas, development should promote mixed–use villages with
active ground–floor uses and public space. The development should help create
an inviting pedestrian environment and activity center that can serve adjoining
neighborhoods and businesses.
Implements Which Policy(ies)LU – 5.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Economic Devel-
opment and Building, Public Works – Develop-
ment Services and Transportation; Fire; Cuper-
tino Sanitary District
Funding Source(s)General Fund, Development Fees
406
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted31. Enhance Connections. Look for opportunities to enhance publicly–accessible
pedestrian and bicycle connections with new development or redevelopment.
Implements Which Policy(ies)LU – 5.3
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Transpor-
tation.
Supporting Department(s)/
Partner(s)Community Development – Building; Fire
Funding Source(s)General Fund, Development Fees
HISTORIC PRESERVATION
32. Historic Preservation. Maintain and update an inventory of historically signifi-
cant structures and sites in order to protect resources and promote awareness of
the city’s history in the following four categories: Historic Sites, Commemorative
Sites, Community Landmarks, and Historic Mention sites (Figure LU–3).
Implements Which Policy(ies)LU – 6.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Cupertino Historical Society; City Manager
Funding Source(s)General Fund
33. Historic Sites. Projects on Historic Sites shall meet the Secretary of Interior Stan-
dards for Treatment of Historic Properties.
Implements Which Policy(ies)LU – 6.2
Responsible Department(s)Community Development – Planning, Commu-
nity Development – Building
Supporting Department(s)/
Partner(s)Public Works – Capital Improvements
Funding Source(s)General Fund, Development Fees
34. Historic Sites, Commemorative Sies and Community Landmarks. Projects on
Historic Sites, Commemorative Sites and Community Landmarks shall provide a
plaque, reader board and/or other educational tools on the site to explain the his-
toric significance of the resource. The plaque shall include the city seal, name of
resource, date it was built, a written description and photograph. The plaque shall
be placed in a location where the public can view the information.Implements Which Policy(ies)LU – 6.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building, Public
Works – Development Services, City Manager
Funding Source(s)Development Fees
407
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted35. Public Access. Coordinate with property owners of public and quasi–public sites to
allow public access of Historic and Commemorative Sites to foster public aware-
ness and education. Private property owners will be highly encouraged, but not
required, to provide public access to Historic and Commemorative Sites.
Implements Which Policy(ies)LU – 6.4
Responsible Department(s)
Community Development – Planning, Public
Works – Development Services and Transpor-
tation
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)General Fund, Development Fees
36. Historic Mention Sites. There are sites outside the City’s jurisdiction that have
contributed to the City’s history. Work with agencies that have jurisdiction over
the historical resource to encourage adaptive reuse and rehabilitation and provide
public access and plaques to foster public awareness and education.
Implements Which Policy(ies)LU – 6.5
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
37. Incentives for Preservation of Historic Resources. Utilize a variety of techniques
to serve as incentives to foster the preservation and rehabilitation of Historic Re-
sources including:
1. Allow flexible interpretation of the zoning ordinance not essential to public health
and safety. This could include land use, parking requirements and/or setback re-
quirements.
2. Use the California Historical Building Codes standards for rehabilitation of historic
structures.
3. Tax rebates (Mills Act or Local tax rebates).
4. Financial incentives such as grants/loans to assist rehabilitation efforts.
Implements Which Policy(ies)LU – 6.6
Responsible Department(s)
Community Development – Planning, Com-
munity Development – Building; Recreation
and Community Services – Park Improvement;
Public Works – Capital Improvements
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Development Fees
408
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted38. Heritage Trees. Protect and maintain the city’s heritage trees in a healthy state.
Implements Which Policy(ies)LU – 6.7
Responsible Department(s)Community Development – Planning, Public
Works – Service Center
Supporting Department(s)/
Partner(s)Recreation and Community Services
Funding Source(s)General Fund, Development Fees
39. Strategy LU–6.7.1. Heritage Tree List. Establish and periodically revise a heri-
tage tree list that includes trees of importance to the community.
Implements Which Policy(ies)LU – 6.7
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Service Center
Funding Source(s)General Fund
40. Cultural Resources. Promote education related to the City’s history through pub-
lic art in public and private developments.
Implements Which Policy(ies)LU – 6.8
Responsible Department(s)Community Development – Planning, Public
Works – Capital Improvements
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)General Fund, Development Fees
ARTS AND CULTURE
41. Public Art. Stimulate opportunities for the arts through development and coopera-
tion with agencies and the business community.
Implements Which Policy(ies)LU – 7.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; City ManagerRecreation
and Community Services – Business Services;
Funding Source(s)General Fund
42. Strategy LU–7.1.1. Public Art Ordinance. Maintain and update an ordinance re-
quiring public art in public as well as private projects of a certain size.
Implements Which Policy(ies)LU – 7.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Capital Improvements
Funding Source(s)General Fund
409
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted43. Strategy LU–7.1.2. Gateways. Promote placement of visible artwork in gateways
to the city.
Implements Which Policy(ies)LU – 7.1
Responsible Department(s)
Public Works – Capital Improvements and De-
velopment Services; Community Development
– Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
44. Strategy LU–7.1.3. Artist Workplace. Encourage the development of artist work-
space, such as live/work units, in appropriate location in the city.
Implements Which Policy(ies)LU – 7.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
FISCAL STABILITY
45. Fiscal Impacts. Evaluate fiscal impacts of converting office/commercial ues to
residential use, while ensuring that the City meets regional housing requirements.
Implements Which Policy(ies)LU – 8.1
Reponsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s) Administrative Services
Funding Source(s)General Fund, Development Fees
46. Land Use. Encourage land uses that generate City revenue.
Implements Which Policy(ies)LU – 8.2
Responsible Department(s)
Community Development – Planning; Com-
munity DevelopmentCity Manager – Economic
Development
Supporting Department(s)/
Partner(s)Administrative Services
Funding Source(s)General Fund, Development Fees
47. Strategy LU–8.2.1. Evaluate fiscal impacts of converting office/commercial uses
to residential use, while ensuring that the City meets regional housing require-
ments.
Implements Which Policy(ies)LU – 8.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Administrative Services
Funding Source(s)General Fund, Development Fees
410
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted48. Incentives for Reinvestment. Provide incentives for reinvestment in existing, old-
er commercial areas.
Implements Which Policy(ies)LU – 8.3
Responsible Department(s)Community DevelopmentCity Manager – Eco-
nomic Development
Supporting Department(s)/
Partner(s)
Community Development – Planning; City
Manager
Funding Source(s)General Fund
49. Strategy LU–8.3.1. Mixed Use. Consider mixed–use (office, commercial, residen-
tial) in certain commercial areas to encourage reinvestment and revitalization of
sales–tax producing uses, when reviewing sites for regional housing requirements.
Implements Which Policy(ies)LU – 8.3
Responsible Department(s)Community Development – Planning; and City
Manager – Economic Development
Supporting Department(s)/
Partner(s)Administrative Services
Funding Source(s)General Fund
50. Strategy LU–8.3.2. Shared or Reduced Parking. Consider shared or reduced
parking, where appropriate as incentives to construct new commercial and mixed–
use development, while increasing opportunities for other modes of transportation.
Implements Which Policy(ies)LU – 8.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund, Development Fees
51. Strategy LU–8.3.3. Infrastructure and Streetscape Improvements. Consider
infrastructure and streetscape improvements in areas, such as the Crossroads or
South Vallco area to encourage redevelopment as a pedestrian–oriented area that
meets community design goals.
Implements Which Policy(ies)LU – 8.3
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services, Capital Im-
provements and Service Center
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
411
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted52. Strategy LU–8.3.4. High Sales–Tax Producing Retail Use. Consider locations
for high sales–tax producing retail uses (such as life–style and hybrid commodi-
ty–specialty centers) provided the development is compatible with the surrounding
area in terms of building scale and traffic.
Implements Which Policy(ies)LU – 8.3
Responsible Department(s)Community DevelopmentCity Manager – Eco-
nomic Development
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
53. Property Acquisition. Maximize revenue from City–owned land and resources,
and ensure that the City’s land acquisition strategy is balanced with revenues.
Implements Which Policy(ies)LU – 8.4
Responsible Department(s)Public Works – Development Services and
Capital Improvements
Supporting Department(s)/
Partner(s)
Administrative Services; Recreation and Com-
munity Services
Funding Source(s)General Fund
54. Efficient Operations. Plan land use and design projects to allow the City to main-
tain efficient operations in the delivery of services including, community centers,
parks, roads, and storm drainage, and other infrastructure.
Implements Which Policy(ies)LU – 8.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services and Ser-
vice Center; Recreation and Community Ser-
vices; Cupertino Sanitary District; CAL Water;
San Jose Water; County Fire; County Health
Funding Source(s)General Fund
ECONOMIC DEVELOPMENT
55. Collaboration With Business Community. Collaborate with the business com-
munity to facilitate growth, development and infrastructure improvements that
benefit residents and businesses.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)Community DevelopmentCity Manager – Eco-
nomic Development
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Development Services and Transpor-
tation
Funding Source(s)General Fund
412
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted56. Strategy LU–9.1.1. Economic Development Strategy Plan. Create and periodi-
cally update an Economic Development Strategy Plan in order to ensure the City’s
long–term fiscal health and stability and to make Cupertino an attractive place to
live, work and play.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)Community DevelopmentCity Manager – Eco-
nomic Development
Supporting Department(s)/
Partner(s)
Community Development – Planning; Adminis-
trative Services; City Manager
Funding Source(s)General Fund
57. Strategy LU–9.1.2. Partnerships. Create partnerships between the City and other
public, and private and non–profit organizations to provide improvements and ser-
vices that benefit the community.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
58. Strategy LU–9.1.3. Economic Development and Business Retention. Encour-
age new businesses and retain existing businesses that provide local shopping and
services, add to municipal revenues, contribute to economic vitality and enhance
the City’s physical environment.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)Community DevelopmentCity Manager – Eco-
nomic Development
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)General Fund
59. Strategy LU–9.1.4. Regulations. Periodically review and update land use and
zoning requirements for retail, commercial and office development in order to at-
tract high–quality sales–tax producing businesses and services, while adapting to
the fast–changing retail, commercial and office environment.
Implements Which Policy(ies)LU– 9.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Econ. Dev.
Funding Source(s)General Fund
413
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted60. Strategy LU–9.1.5. Incubator Work Space. Encourage the development of flexi-
ble and affordable incubator work space for start–ups and new and emerging tech-
nologies.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)
Community Development – Planning and Com-
munity DevelopmentCity Manager – Economic
Development
Supporting Department(s) /
Partner(s)
Funding Source(s)General Fund
61. Strategy LU–9.1.6. Development Review. Provide efficient and timely review of
development proposals, while maintaining quality standards in accordance with
city codes. Look for a solution–based approach to problems while being responsive
to community concerns while promote positive communication among parties.
Implements Which Policy(ies)LU – 9.1
Responsible Department(s)Community Development – Planning and
Building
Supporting Department(s) /
Partner(s)
Public Works – Development Services and En-
vironmental Programs; Fire; Cupertino Sanitary
District
Funding Source(s)General Fund, Development Fees
62. Work Environment. Encourage the design of projects to take into account the
well–being and health of employees and the fast–changing work environment.
Implements Which Policy(ies)LU – 9.2
Responsible Department(s)Community Development – Planning and
Building, Public Works – Transportation
Supporting Department(s) /
Partner(s)City Manager – Sustainability
Funding Source(s)General Fund
63. Strategy LU–9.2.1. Local Amenities. Encourage office development to locate in
areas where workers can walk or bike to services such as shopping and restaurants,
and to provide walking and bicycling connections to services.
Implements Which Policy(ies)LU – 9.2
Responsible Department(s)Community Development – Planning
Supporting Department(s) /
Partner(s)
Public Works – Development Services and
Transportation
Funding Source(s)General Fund, Development Fees
414
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Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted64. Strategy LU–9.2.2. Workplace Policies. Encourage public and private employers
to provide workplace policies that enhance and improve the health and well–being
of their employees.
Implements Which Policy(ies)LU – 9.2
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
REGIONAL COOPERATION AND COORDINATION
65. Regional Decisions. Coordinate with regional and local agencies on planning,
transportation, economic development and sustainability issues to ensure that the
decisions improve fiscal health and the quality of life for Cupertino residents and
businesses
Implements Which Policy(ies)LU – 10.1
Responsible Department(s)
Community Development – Planning; and
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Trans-
portation and Environmental Programs; City
Manager – Sustainability
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
66. Regional Planning Coordination. Review regional planning documents prior to
making decisions at the local level.
Implements Which Policy(ies)LU – 10.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Transportation and Develop-
ment Services
Funding Source(s)General Fund, Development Fees
67. Neighboring Jurisdictions. Collaborate with neighboring jurisdictions on issues
of mutual interest.
Implements Which Policy(ies)LU – 10.3
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
Community Development – Planning, and
Building and Community DevelopmentCity
Manager – Economic Development; Public
Works – Development Services, Transportation,
Environmental Programs, Service Center, Cap-
ital Improvements; Recreation and Community
Services
Funding Source(s)General Fund
415
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Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted68. Urban Service Area. Work with neighboring jurisdictions to create boundaries
that are defined by logical municipal service areas.
Implements Which Policy(ies)LU – 10.4
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
Community Development – Planning, Public
Works – Development Services
Funding Source(s)General Fund
69. Strategy LU–10.4.1. Tax Sharing Agreements. Consider entering into tax–shar-
ing agreements with adjacent jurisdictions in order to facilitate desired boundary
realignments.
Implements Which Policy(ies)LU – 10.4
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
Community Development – Planning, Public
Works – Development Services, Administrative
Services
Funding Source(s)General Fund
70. Annexation. Actively pursue the annexation of unincorporated properties within
the City’s urban service area, including the Creston neighborhoods, which will be
annexed on a parcel–by–parcel basis with new development. Other remaining un-
incorporated islands will be annexed as determined by the City Council.
Implements Which Policy(ies)LU – 10.4
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)General Fund
ACCESS TO COMMUNITY FACILITIES AND SERVICES
71. Connectivity. Create pedestrian and bicycle access between new developments
and community facilities. Review existing neighborhood circulation to improve
safety and access for students to walk and bike to schools, parks, and community
facilities such as the library.
Implements Which Policy(ies)LU – 11.1
Responsible Department(s)
Community Development – Planning, Public
Works – Development Services and Transpor-
tation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
416
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Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted72. De Anza College. Allow land uses not traditionally considered part of a college
to be built at De Anza College, provided such uses integrate the campus into the
community, provide facilities and services not offered in the City and/or alleviate
impacts created by the college.
Implements Which Policy(ies)LU – 11.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)General Fund
HILLSIDES
73. Land Use Regulations. Establish and maintain building and development stan-
dards for hillsides that ensure hillside protection.
Implements Which Policy(ies)LU – 12.1
Responsible Department(s)
Community Development – Planning and
Building, Public Works – Development Ser-
vices
Supporting Department(s)/
Partner(s)
County Fire; Cupertino Sanitary District; Coun-
ty Health; CALWater; San Jose Water
Funding Source(s)General Fund
74. Strategy LU–12.1.1. Ordinance and Development Review. Through building
regulations and development review, limit development on ridgelines, hazardous
geological areas and steep slopes. Control colors and materials and minimize the
illumination of outdoor lighting. Reduce visible building mass with measures in-
cluding, stepping structures down the hillside, following natural contours, and lim-
iting the height and mass of the wall plane facing the valley floor.
Implements Which Policy(ies)LU – 12.1
Responsible Department(s)
Community Development – Planning and
Building, Public Works – Development Ser-
vices
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
75. Strategy LU–12.1.2. Slope–Density Formula. Apply a slope–density formula to
very low intensity residential development in the hillsides. Density shall be calcu-
lated based on the foothill modified, foothill modified 1/2 acre and the 5–20 acre
slope density formula. Actual lot sizes and development areas will be determined
through zoning ordinances, clustering and identification of significant natural fea-
tures and geological constraints.Implements Which Policy(ies)LU – 12.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
417
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Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted76. Strategy LU–12.1.3. 1976 General Plan – Previously Designated Very Low
Density: Semi–Rural 5–Acre. Properties previously designated Very Low–Den-
sity Residential: Semi–Rural 5–Acre per the 1976 General Plan may be subdi-
vided using that formula. Properties that have already been since subdivided in
conformance with the above designation have no further subdivision potential for
residential purposes.Implements Which Policy(ies)LU – 12.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund, Development Fees
77. Strategy LU–12.1.4. Existing Lots in Foothill Modified and Foothill Modified
1/2–Acre Slope Density Designations. Require discretionary review with a hill-
side exception for hillside or R1 properties if development is proposed on substan-
dard parcels on slopes per the R1 and RHS zoning.
Implements Which Policy(ies)LU – 12.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund, Development Fees
78. Clustering Subdivisions. Cluster lots in major subdivisions and encourage clus-
tering in minor subdivisions, for projects in the 5–20 acre slope density designa-
tion. Reserve 90 percent of the land in private open space to protect the unique
characteristics of the hillsides from adverse environmental impacts. Keep the open
space areas contiguous as much as possible.
Implements Which Policy(ies)LU – 12.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services, Fire
Funding Source(s)General Fund
79. Rural Improvement Standards in Hillside Areas. Require rural improvement
standards in hillside areas to preserve the rural character of the hillsides. Improve-
ment standards should balance the need to furnish adequate utility and emergency
services against the need to protect the hillside, vegetation and animals.
Implements Which Policy(ies)LU – 12.3
Responsible Department(s)Public Works – Development Services and
Transportation
Supporting Department(s)/
Partner(s)Fire
Funding Source(s)General Fund
418
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Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted80. Strategy LU–12.3.1. Grading. Follow natural land contours and avoid mass grad-
ing of sites during construction, especially in flood hazard or geologically sensitive
areas. Grading hillside sites into large, flat areas shall be avoided.
Implements Which Policy(ies)LU – 12.3
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Building, Fire
Funding Source(s)General Fund
81. Strategy LU–12.3.2. Roads. Roads should be narrowed to avoid harming trees and
streambeds.
Implements Which Policy(ies)LU – 12.3
Responsible Department(s)Public Works – Development Services, Capital
Improvements and Transportation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund, Development Fees
82. Strategy LU–12.3.3. Trees. Retain significant specimen trees, especially when
they grow in groves or clusters and integrate them into the developed site.
Implements Which Policy(ies)LU – 12.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services, Fire
Funding Source(s)General Fund, Development Fees
83. Hillside Views. The Montebello foothills at the south and west boundary of the
valley floor provide a scenic backdrop, adding to the City’s scale and variety. While
it is not possible to guarantee an unobstructed view of the hills from every vantage
point, an attempt should be made to preserve views of the foothills.
Implements Which Policy(ies)LU – 12.4
Responsible Department(s)Community Development – Planning, Public
Works – Capital Improvements
Supporting Department(s)/
Partner(s)Public Works – Development Services, Fire
Funding Source(s)General Fund, Development Fees
84. Strategy LU–12.4.1. Views from Public Facilities. Design public facilities, par-
ticularly open spaces, so they include views of the foothills or other nearby natural
features, and plan hillside developments to minimize visual and other impacts on
adjacent public open space.
Implements Which Policy(ies)LU – 12.4
Responsible Department(s)Public Works – Capital Improvements
Supporting Department(s)/
Partner(s)Recreation and Community Services
Funding Source(s)General Fund, Grants
419
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted85. Strategy LU–12.4.2. Development near Public Space. Locate private driveways
and building sites as far as possible from property boundaries adjoining public
open space preserves and parks to enhance the natural open space character and
protect plant and animal habitat.
Implements Which Policy(ies)LU – 12.4
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)Fire
Funding Source(s)General Fund, Development Fees
86. Development in the County Jurisdiction. Development in the County, particular-
ly if located near Cupertino’s hillsides and urban fringe area, should consider the
goals and policies in Community Vision 2040.
Implements Which Policy(ies)LU – 12.5
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)County of Santa Clara – Planning
Funding Source(s)General Fund
87. Strategy LU–12.5.1. County Development. Development in these areas should
be compatible with Cupertino’s hillside policies of low–intensity residential, ag-
ricultural or open space uses. Preservation of the natural environment, clustering
sites to minimize impact and dedication of open space are encouraged. Visual im-
pacts, access, traffic and other impacts, and service demands should be assessed in
consultation with Cupertino’s goals and policies.
Implements Which Policy(ies)LU – 12.5
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)County of Santa Clara – Planning
Funding Source(s)General Fund
HEART OF THE CITY SPECIAL AREA
88. Heart of the City Specific Plan. The Heart of the City Specific Plan provides de-
sign standards and guidelines for this area, which promote a cohesive, landscaped
boulevard that links its distinct sub–areas and is accessible to all modes of trans-
portation.
Implements Which Policy(ies)LU – 13.1
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)Public Works – Service Center
Funding Source(s)General Fund
420
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted89. Redevelopment. Encourage older properties along the boulevard to be redevel-
oped and enhanced. Allow more intense development only in nodes and gateways
as indicated in the Community Form Diagram (Figure LU–2).
Implements Which Policy(ies)LU – 13.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
90. Parcel Assembly. Encourage the assembly of parcels to foster new development
projects that can provide high–quality development with adequate buffers for
neighborhoods.
Implements Which Policy(ies)LU – 13.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
91. Neighborhood Centers and Activity Areas. A majority of the commercial devel-
opment allocation should be devoted to rehabilitating neighborhood centers and
major activity centers with a focus on creating pedestrian–oriented, walkable and
bikeable areas with inviting community gathering places. Land uses between the
activity centers should help focus and support activity in the centers. Neighborhood
centers should be retrofitted and redeveloped using the “neighborhood commercial
centers” concept discussed earlier in this Element.
Implements Which Policy(ies)LU – 13.4
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Community Development – Building, Public
Works – Environmental Programs and Trans-
portation, County Fire, Cupertino Sanitary
District
Funding Source(s)General Fund
92. Land Use. The Heart of the City area allows a mix of retail, commercial, office and
residential uses. Special uses are provided in the Heart of the City Specific Plan.
See Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 13.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
421
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted93. Building Form. Buildings should be high–quality, with pedestrian–oriented and
active uses along the street.
Implements Which Policy(ies)LU – 13.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
94. Streetscape and Connectivity. Create a walkable and bikeable boulevard with
active uses and a distinct image for each subarea.
Implements Which Policy(ies)LU – 13.7
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s) /
Partner(s)Public Works – Transportation
Funding Source(s)General Fund
95. Strategy LU–13.7.1. Streetscape. Provide active uses along the street frontage,
bike lanes, sidewalks that support pedestrian–oriented activity, improved pedestri-
an crossings at street intersections, and attractive transit facilities (e.g., bus stops,
benches, etc.).
Implements Which Policy(ies)LU – 13.7
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Transportation and Service
Center
Funding Source(s)General Fund
96. Strategy LU–13.7.2. Street Trees and Landscaping. Create a cohesive visual
image with street tree plantings along the corridor, but with distinct tree types for
each sub–area to support its distinct character and function.
Implements Which Policy(ies)LU – 13.7
Responsible Department(s)
Community Development – Planning, Public
Works – Development Services and Service
Center
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
422
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted97. Strategy LU–13.7.3. Connectivity. Properties within a block should be inter–con-
nected with shared access drives. Provide pedestrian paths to enhance public access
to and through the development. New development, particularly on corner lots,
should provide pedestrian and bicycle improvements along side streets to enhance
connections to surrounding neighborhoods.
Implements Which Policy(ies)LU – 13.7
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s) Public Works – Transportation
Funding Source(s)General Fund
98. Strategy LU–13.7.4. Traffic Calming. Evaluate options on Stevens Creek Boule-
vard to improve the pedestrian environment by proactively managing speed limits,
enforcement, and traffic signal synchronization.
Impleements Which Poli-
cy(ies)LU – 13.7
Responsible Department(s)
Community Development – Planning, Pub-
lic Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
99. Strategy LU–13.7.5. Neighborhood Buffers. Consider buffers such as setbacks,
landscaping and/or building transitions to buffer abutting single–family residential
areas from visual and noise impacts.
Implements Which Policy(ies)LU – 13.7
Responsible Department(s)Community Development – Planning
Supporting Department(s) /
Partner(s)
Funding Source(s)General Fund
WEST STEVENS CREEK BOULEVARD SUBAREA
100. Land Use. Primary land uses include quasi–public/public facilities, with support-
ing mixed commercial/residential uses.
Implements Which Policy(ies)LU – 14.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
423
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted101. Streetscape. Street tree planting that supports an active, pedestrian–oriented envi-
ronment. Street tree planting should provide a connection with the adjacent foot-
hills with trees such as oaks.
Implements Which Policy(ies)LU – 14.2
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Service
Center
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Transportation
Funding Source(s)General Fund
102. Gateway Concept. Buildings should be high–quality in keeping with the gateway
character of the area. Projects should provide or contribute towards gateway signs
and landscaping.
Implements Which Policy(ies)LU – 14.3
Responsible Department(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)Public Works – Service Center
Funding Source(s)General Fund
103. De Anza College Node. Buildings should be designed to fit into the surroundings
with pedestrian–orientation. Externalizing activities by providing cafeterias, book-
stores and plazas along the street and near corners is encouraged.
Implements Which Policy(ies)LU – 14.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
104. Oaks Gateway Node. This is a gateway retail and shopping node. New residen-
tial, if allowed, should be designed on the “mixed–use village” concept discussed
earlier in this Element.
Implements Which Policy(ies)LU – 14.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services, En-
vironmental Programs and Transportation;
Community Development – Building; County
Fire, Cupertino Sanitary District
Funding Source(s)General Fund
424
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted105. Community Recreation Node. Contribute to the high–quality streetscape with
trees, sidewalks, building and site design, and active uses such as main entries,
lobbies or similar features along the street to reinforce pedestrian orientation.
Implements Which Policy(ies)LU – 14.6
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs;
County Fire; Cupertino Sanitary District
Funding Source(s)General Fund
CROSSROADS SUBAREA
106. Crossroads Streetscape Plan. Create a streetscape plan for the Crossroads Subar-
ea that provides design standards and guidelines for an attractive, walkable, vibrant
shopping village, where commercial and roadway design encourage pedestrian ac-
tivity. The plan will include the following elements:
1. Land use plan specifying the type, intensity and arrangement of land uses to
promote pedestrian and business activity.
2. Streetscape plan that provides for an attractive pedestrian streetscape.
3. Design guidelines that foster pedestrian activity and a sense of place.
Implements Which Policy(ies)LU – 15.1
Responsible Deparment(s)Community Development – Planning, Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Transpor-
tation, Environmental Programs, County Fire,
Cupertino Sanitary District; CALWater; San
Jose Water
Funding Source(s)General Fund
107. Strategy LU–15.1.1. Uses. Include in this subarea primary uses such as retail,
office and commercial. Ground floor uses shall have active retail uses with store-
fronts. Commercial office and office uses may be allowed on upper levels. In the
case of deep lots, building along the street should provide retail and buildings in
the back may be developed with allowed uses. See Figure LU–2 for residential
densities and criteria.
Implements Which Policy(ies)LU – 15.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services, Transportation and Environmen-
tal Programs; County Fire; Cupertino Sanitary
District; CALWater; San Jose Water
Funding Source(s)General Fund
425
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted108. Strategy LU–15.1.2. Streetscape. Primary ground–floor entrances shall face the
street. The streetscape shall consist of wide pedestrian sidewalks with inviting
street furniture, street trees, pedestrian–scaled lighting with banners, small plazas,
art/water features, pedestrian crosswalks with special paving, and other elements
identified in the Crossroads Streetscape Plan.
Implements Which Policy(ies)LU – 15.1
Responsible Department(s)
Community Development – Planning, Public
Works – Development Services and Transpor-
tation
Supporting Department(s)/
Partner(s)County Fire
Funding Source(s)General Fund
109. Strategy LU–15.1.3. Building Form. Buildings should be moderately–scaled to
transition from existing taller buildings to the scale of the surrounding area. Taller
buildings should provide appropriate transitions to fit into the surrounding area.
Implements Which Policy(ies)LU – 15.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
110. Strategy LU–15.1.4. Shared Parking. Require shared parking and access
arrangements throughout the area, with overall parking standards reflecting the
shared parking.
Implements Which Policy(ies)LU – 15.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
111. Strategy LU–15.1.5. De Anza Boulevard/Stevens Creek Boulevard Land-
mark. Secure permanent landscape easements as a condition of development
from properties at the intersection of De Anza and Stevens Creek Boulevards for
construction of a future landmark. The landmark may include open space, land-
scaping and other design elements at the corners. Land at the southeast corner will
remain a publicly accessible park.Implements Which Policy(ies)LU – 15.1
Responsible Department(s) Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
426
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedCITY CENTER SUBAREA
112. City Center Node. Establish the City Center Node as a moderately–scaled, medi-
um–density mixed–use office, hotel, retail and residential area, with an integrated
network of streets and open space.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community Development – Building; Public
Works – Development Services, Environmen-
tal Programs and Transportation; County Fire;
Cupertino Sanitary District
Funding Source(s)General Fund
113. Stratey LU–16.1.1. Uses. A mix of uses including, office, hotel, retail, residential
and civic uses. The ground floor of buildings along the street should be activated
with pedestrian–oriented, active uses including retail, restaurants, and entries. See
Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services
Funding Source(s)General Fund
114. Strategy LU–16.1.2. Connectivity. New development should improve the con-
nectivity within the block and with surrounding streets, including connections to
the Crossroads subarea.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Community Development – Planning;
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
115. Strategy LU–16.1.3. Building Form. Buildings should be moderately–scaled to
transition from existing taller buildings to the scale of the surrounding area. Taller
buildings should provide appropriate transitions to fit into the surrounding area.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
427
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted116. Strategy LU–16.1.4. Gateway Concept. Buildings should be designed with
high–quality architecture and landscaping befitting the gateway character of the
site.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
117. Strategy LU–16.1.5. Open Space. A publicly–accessible park shall be retained at
the southeast corner of Stevens Creek and De Anza Boulevards and shall include
public art, seating areas and plazas for retail and restaurant uses along the ground
floor of adjacent buildings.
Implements Which Policy(ies)LU – 16.1
Responsible Department(s)Recreation and Community Services – Facili-
ties and Community EventsBusiness Services
Supporting Department(s)/
Partner(s)
Public Works – Park Improvement; Community
Development – Planning
Funding Source(s)General Fund
118. Civic Center Node. Create a civic heart for Cupertino that enables community
building by providing community facilities, meeting and gathering spaces, public
art, and space for recreation and community events.
Implements Which Policy(ies)LU – 16.2
Responsible Department(s)Public Works – Development Services and
Capital Improvements
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
CENTRAL STEVENS CREEK BOULEVARD SUBAREA
119. Land Use. Allow a mix of uses including commercial, retail, commercial office
and limited residential uses. The ground floor of buildings along the street should
be active uses including retail, restaurants, entries etc. Neigborhood centers shall
be remodeled or redeveloped using the “neighborhood commercial center” con-
cept described earlier in this Element. See Figure LU–2 for residential densities
and criteria.
Implements Which Policy(ies)LU – 17.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services, Transportation and Environmen-
tal Programs; County Fire; Cupertino Sanitary
District; CALWater; San Jose Water
Funding Source(s)General Fund
428
Page 34
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedEAST STEVENS CREEK BOULEVARD SUBAREA
120. Land Use. Allow regional commercial with retail, commercial, office and ho-
tels as the primary uses, with residential mixed–use as a supporting use. Retail,
restaurant and other active uses are highly encouraged on the ground floor facing
the street. In case of office complexes, active uses such as entries, lobbies or pla-
zas should be provided on the ground floor along the street. Neighborhood centers
shall be remodeled or redeveloped using the “neighborhood commercial centers”
concept described earlier in this Element. See Figure LU–2 for residential densi-
ties and criteria.
Implements Which Policy(ies)LU – 18.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services, Transportation and Environmen-
tal Programs; County Fire; Cupertino Sanitary
District; CALWater; San Jose Water
Funding Source(s)General Fund
121. South Vallco. Retain and enhance the South Vallco area as a mixed–use retail,
office and residential district with a pedestrian–oriented, downtown atmosphere.
Implements Which Policy(ies)LU – 18.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services, Transportation and Environmen-
tal Programs; County Fire; Cupertino Sanitary
District; CALWater; San Jose Water
Funding Source(s)General Fund
122. Strategy LU–18.2.1. Uses. Encourage a mix of retail, commercial, office, resi-
dential and hotel uses. Provide active retail uses on the ground floor facing the
street or outdoor pedestrian corridor with connections to adjacent development.
Office sites to the north of Vallco Parkway are encouraged to provide retail uses.
However, if retail is not provided, office sites should provide entries and active
uses along the street frontage.Implements Which Policy(ies)LU – 18.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
429
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted123. Strategy LU–18.2.2. Vallco Parkway. Vallco Parkway is envisioned as a park-
way with bike lanes, wide sidewalks, street–trees and on–street parking. The
street will connect to a future street grid in the Vallco Shopping District.
Implements Which Policy(ies)LU – 18.2
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)Public Works – Transportation
Funding Source(s)General Fund
VALLCO SHOPPING DISTRICT SPECIAL AREA
124. Specific Plan. Create a Vallco Shopping District Specific Plan prior to any devel-
opment on the site that lays out the land uses, design standards and guidelines,
and infrastructure improvements required. The Specific Plan will be based on the
following strategies:
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Trans-
portation and Environmental Programs; Rec-
reation and Community Services; County Fire;
CAL Water; San Jose Water;
Funding Source(s)General Fund
125. Strategy LU–19.1.1. Master Developer. Redevelopment will require a master
developer in order to remove the obstacles to the development of a cohesive dis-
trict with the highest levels of urban design.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
126. Strategy LU–19.1.2. Parcel Assembly. Parcel assembly and a plan for complete
redevelopment of the site is required prior to adding residential and office uses.
Parcelization is highly discouraged in order to preserve the site for redevelopment
in the future.
Implements Which Policy(ies)LU–19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
430
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted127. Strategy LU–19.1.3. Complete Redevelopment. The “town center” plan should
be based on complete redevelopment of the site in order to ensure that the site can
be planned to carry out the community vision.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Trans-
portation and Environmental Programs; Rec-
reation and Community Services; County Fire;
CAL Water; San Jose Water;
Funding Source(s)General Fund
128. Strategy LU–19.1.4. Land Use. The following uses are allowed on the site (see
Figure LU–2 for residential densities and criteria):
1. Retail: High–performing retail, restaurant and entertainment uses. Maintain a
minimum of 600,000 square feet of retail that provide a good source of sales tax
for the City. Entertainment uses may be included but shall consist of no more than
30 percent of retail uses.
2. Hotel: Encourage a business class hotel with conference center and active uses
including main entrances, lobbies, retail and restaurants on the ground floor.
3. Residential: Allow residentail on upper floors with retail and active uses on the
ground floor. Encourage a mix of units for young professionals, couples and/or
active seniors who like to live in an active “town center” environment.
4. Office: Encourage high–quality office space arranged in a pedestrian–oriented
street grid with active uses on the ground floor, publicly–accesible streets and
plazas/green space.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development; Public Works – Develop-
ment Services
Funding Source(s)General Fund
129. Strategy LU–19.1.5. “Town Center” Layout. Create streets and blocks laid out
using “transect planning” (appropriate street and building types for each area),
which includes a discernible center and edges, public space at center, high quality
public realm, and land uses appropriate to the street and building typology.
Implements Which Policy(ies)LU –19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
431
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted130. Strategy LU–19.1.6. Connectivity. Provide a newly configured complete street
grid hierarchy of streets, boulevards and alleys that is pedestrian–oriented, con-
nects to existing streets, and creates walkable urban blocks for buildings and open
space. It should also incorporate transit facilities, provide connections to other
transit nodes and coordinate with the potential expansion of Wolfe Road bridge
over Interstate 280 to continue the walkable, bikeable boulevard concept along
Wolfe Road. The project should also contribute toward a study and improvements
to a potential Interstate 280 trail along the drainage channel south of the freeway
and provide pedestrian and bicycle connections from the project sites to the trail.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Public Works – Development Services; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Transportation
Funding Source(s)General Fund
131. Strategy LU–19.1.7. Existing Streets. Improve Stevens Creek Boulevard and
Wolfe Road to become more bike and pedestrian–friendly with bike lanes, wide
sidewalks, street trees, improved pedestrian intersections to accommodate the
connections to Rosebowl and Main Street.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Transportation
Funding Source(s)General Fund
132. Strategy LU–19.1.8. Open Space. Open space in the form of a central town
square on the west and east sides of the district interspersed with plazas and
“greens” that create community gathering spaces, locations for public art, and
event space for community events.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Rec-
reation and Community Services – Facilities
and Community EventsBusiness Services and
Outdoor Recreation & Youth Development
Funding Source(s)General Fund
133. Strategy LU–19.1.9. Building Form. Buildings should have high–quality archi-
tecture, and an emphasis on aesthetics, human scale, and create a sense of place.
Taller buildings should provide appropriate transitions to git into the surrounding
area.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
432
Page 38
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted134. Strategy LU–19.1.10. Gateway Character. High–quality buildings with ar-
chitecture and materials befitting the gateway character of the site. The project
should provide gateway signage and treatment.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
135. Strategy LU–19.1.11. Phasing Plan. A phasing plan that lays out the timing of
infrastructure, open space and land use improvements that ensures that elements
desired by the community are included in early phases.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
136. Strategy LU–19.1.12. Parking. Parking in surface lots shall be located to the
side or rear of buildings. Underground parking beneath buildings is preferred.
Above grade structures shall not be located along major street frontages. In cases
where above–grade structures are allowed along internal street frontages, they
shall be lined with retail, entries, and active uses on the ground floor. All parking
structures should be designed to be architecturally compatible with a high quality
“town center” environment.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
137. Strategy LU–19.1.13. Trees. Retain trees along the Interstate 280, Wolfe Road
and Stevens Creek Boulevard to the extent feasible, when new development is
proposed.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Public Works – Development Services; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Service Center
Funding Source(s)General Fund
433
Page 39
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted138. Strategy LU–19.1.14. Neighborhood Buffers. Consider buffers such as setbacks,
landscaping and /or building transitions to buffer abutting single–family residen-
tial areas from visual and noise impacts.
Implements Which Policy(ies)LU – 19.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
NORTH VALLCO PARK SPECIAL AREA
139. Land Use. This area is a major employment node with office, and research and
development uses. Retail and hotel uses are allowed on the west side of Wolfe
Road. Redevelopment of the retail site at the corner of Wolfe and Homestead
Roads should be based on the “neighborhood commercial center” concept de-
scribed earlier in this Element. Retail uses are not required on the Hamptons site.
See Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 20.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
140. Streetscape and Connectivity. Future roadway improvements on Wolfe Road,
Homestead Road, and Tantau Avenue should be coordinated with planned im-
provements to improve pedestrian, bike and transit connections. Streetscape
improvements will enhance the pedestrian environment with street trees, attrac-
tive bus shelters, and street furniture. The campus site should provide an attractive
landscaped edge along the street. Future improvements to the Wolfe Road bridge
should be coordinated to preserve the vision for this area.
Implements Which Policy(ies)LU – 20.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
141. Building Form. Buildings in the retail and hotel area should provide active,
pedestrian–oriented uses along the street. Buildings should transition to fit the
scale of the surrounding area. Taller buildings should provide appropriate transi-
tions to fit into the surrounding area. In addition to the height limits established in
the Community Form Diagram, buildings abutting the campus shall incorporate
appropriate setbacks, landscaped buffering, and building height transitions to
minimize privacy and security impacts.
Implements Which Policy(ies)LU – 20.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
434
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Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted142. Pedestrian and Bicycle Connections. Pedestrian–oriented retail and hotel de-
velopment will support a diverse population of workers and residents in the area.
Trail routes, and alternate trail routes to address security and privacy concerns of
major employers, shall be developed to provide pedestrian and bicycle connec-
tions to other destinations.
Implements Which Policy(ies)LU – 20.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)
143. Gateway Concept. Building and landscape design should be of high quality and
reflect the fact that this area is a gateway into Cupertino from Interstate 280 and
points north. The project should provide gateway signage and treatment.
Implements Which Policy(ies)LU – 20.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
144. Neighborhood Buffers. Provide building transitions, setbacks and/or landscaping
to buffer development from adjoining single–family residential uses.
Implements Which Policy(ies)LU – 20.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
NORTH DE ANZA SPECIAL AREA
145. Conceptual Plan. Amend the North De Anza Conceptual Plan to create a cohe-
sive set of land use and streetscape regulations and guidelines for the North De
Anza area.
Implements Which Policy(ies)LU – 21.1
Responsible Department(s)Community Development – Planning; Public
Works – Development Services,
Supporting Department(s)/
Partner(s)Public Works – Service Center
Funding Source(s)
146. Land Use. Primarily office, and research and development uses supplemented
with limited commercial and residential uses. See Figure LU–2 for residential
densities and criteria.
Implements Which Policy(ies)LU – 21.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Community DevelopmentCity Manager – Eco-
nomic Development
Funding Source(s)General Fund
435
Page 41
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted147. Streetscape and Connectivity. North De Anza is envisioned as a walkable, bike-
able boulevard with wide sidewalks with street trees and roadway improvements
for bike lanes and pedestrian crossings. Pedestrian and bike improvements and
enhanced pedestrian crossings are also envisioned along other streets in this area
to create an interconnected grid. Such improvements will also improve school
routes from the Garden Gate neighborhood to Lawson school to the east and pro-
vide access to transit routes.Implements Which Policy(ies)LU – 21.3
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Service Center and Transporta-
tion
Funding Source(s)General Fund
148. Building Design. Locate buildings along the street with parking areas to the rear.
Break up massing of large office buildings along the street with pedestrian scaled
elements and locate building entries and active uses along the street frontage to
improve the pedestrian character of the area. Mixed–use buildings should include
entries, active uses and gathering spaces along the street.
Implements Which Policy(ies)LU – 21.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
149. Gateway Concept. Building and landscape design should be of high quality and
reflect the fact that this area is a gateway into Cupertino from Interstate 280 and
points north.
Implements Which Policy(ies)LU – 21.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
150. Neighborhood Buffers. Provide building transitions, setbacks and/or landscaping
to buffer development from adjoining single–family residential uses.
Implements Which Policy(ies)LU – 21.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
436
Page 42
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedSOUTH DE ANZA SPECIAL AREA
151. Conceptual Plan. Maintain and implement the existing South De Anza and
Sunnyvale–Saratoga Conceptual Plans.
Implements Which Policy(ies)LU – 22.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
152. Land Use. General Commercial and retail uses with limited commercial office,
office and residential uses. Neighborhood centers should be redeveloped in the
“neighborhood commercial centers” concept discussed earlier in this Element.
See Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 22.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
153. Parcel Assembly. Highly encourage assembly of parcels to resolve the fragment-
ed and narrow lot pattern and encourage high–quality development with adequate
buffers for neighborhoods.
Implements Which Policy(ies)LU – 22.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
154. Streetscape and Connectivity. South De Anza is envisioned as a walkable, bike-
able boulevard with sidewalks, street trees and roadway improvements for bike
lanes and pedestrian crossings. Side streets are also envisioned with pedestrian
and bicycle improvements to ensure walkable connections from adjacent neigh-
borhoods.
Implements Which Policy(ies)LU – 22.4
Responsible Department(s)Public Works – Development Services; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Service Center and Transporta-
tion
Funding Source(s)General Fund
437
Page 43
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted155. Shared Access. Since South De Anza is a heavily traveled route, properties in the
same block should be connected with auto and pedestrian access through shared
access easements to reduce impacts on the corridor.
Implements Which Policy(ies)LU – 22.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
156. Building Design. Locate buildings and commercial pads along the street with
parking areas to the side and rear. Provide pedestrian–scaled elements and active
uses including retail, restaurants, and entries along the street. Outdoor plaza and
activity area can be located along the street with sidewalk and street trees to buf-
fer them from through traffic.
Implements Which Policy(ies)LU – 22.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
157. Gateway Concept. Building and landscape design should be of high quality and
reflect the fact that this area has gateways from Highway 85 and at the souther
and eastern borders of Cupertino.
Implements Which Policy(ies)LU – 22.7
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
158. Neighborhood Buffers. Provide building transitions, setbacks and/or landscaping
to buffer development from adjoining single–family residential uses.
Implements Which Policy(ies)LU – 22.8
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
HOMESTEAD SPECIAL AREA
159. Conceptual Plan. Create a conceptual plan for the Homestead Road Special Area
with a cohesive set of land use and streetscape regulations and guidelines.
Implements Which Policy(ies)LU – 23.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
438
Page 44
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted160. Land Use. Primarily retail, commercial and residential uses, with some limited
quasi–public use. Redevelopment of neighborhood centers should be based on the
“neighborhood commercial center” concept discussed earlier in this element. See
Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 23.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
161. Connectivity. Homestead Road is envisioned to become a boulevard with bike
and pedestrian improvements and new bicycle and pedestrian crossings at De
Anza Boulevard, Blaney Avenue, Wolfe Road, and Tantau Avenue. This will pro-
vide better access for people moving east/west through the City north of Interstate
280, linking neighborhoods in the western part of the City with Homestead High
School, Homestead Square Shopping Center and Apple Campus 2 to the east.Implements Which Policy(ies)LU – 23.3
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Transportation; Community
Development – Planning; City of Sunnyvale
Funding Source(s)General Fund
162. Gateway Concept. Building and landscape design should be of high quality and
reflect the fact that this area is a gateway into the northern part of Cupertino.
Implements Which Policy(ies)LU – 23.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
163. Neighborhood Buffers. Provide building transitions, setbacks and/or landscaping
to buffer development from adjoining single–family residential uses.
Implements Which Policy(ies)LU – 23.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
BUBB ROAD SPECIAL AREA
164. Land Use. Allowed uses in the Bubb Road Special Area will consist of those
described in the ML–rc ordinance with limited commercial and residential uses.
Implements Which Policy(ies)LU – 24.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
439
Page 45
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted165. Streetscape and Connectivity. Bubb Road is envisioned as a walkable, bike-
able corridor with sidewalks, street trees and roadway improvements for bike
lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced
pedestrian crossings are also envisioned along other streets in this area to create
an interconnected grid. Such improvements will also improve routes from the
northern and eastern neighborhood to the tri–school area, parks and services and
reduce impacts caused to school and employment traffic.
Implements Which Policy(ies)LU – 24.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Transportation
Funding Source(s)General Fund
166. Building and Site Design. Locate buildings along the street with parking areas to
the rear. Break up massing of large office buildings along the street with pedes-
trian–scaled elements and locate building entries and active uses along the street
frontage to improve the pedestrian character of the area.
Implements Which Policy(ies)LU – 24.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
167. Compatibility of Use. The compatibility of non–industrial uses with industrial
uses must be considered when reviewing new development.
Implements Which Policy(ies)LU – 24.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
168. Neighborhood Buffers. New industrial uses should provide building transitions,
setbacks and landscaping to provide a buffer for adjoining low–intensity residen-
tial users.
Implements Which Policy(ies)LU – 24.5
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
440
Page 46
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedMONTA VISTA VILLAGE
169. Conceptual Plan. Continue to govern Monta Vista’s commercial area through the
Monta Vista Design Guidelines. The guidelines provide direction for architecture,
landscaping and public improvements. Create a Monta Vista Village Conceptual
Plan with a cohesive set of updated regulations and guidelines for this area.
Implements Which Policy(ies)LU – 25.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
170. Land Use. Encourage the commercial district to serve as a neighborhood com-
mercial center for Monta Vista Village and its adjoining neighborhoods. Mixed–
use with residential is encouraged. The industrial area should be retained to
provide small–scale light industrial and service industrial opportunities, while
remaining compatible with the surrounding residential and commercial uses. See
Figure LU–2 for residential densities and criteria.Implements Which Policy(ies)LU – 25.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
171. Buildings and Site Design. Encourage buildings to be designed in a way that
promotes the small–scale, older and mixed–use character of the area. Buildings
should be located along the street with pedestrian–scale architecture and retail and
active uses on the ground floor. Parking should be located to the rear.
Implements Which Policy(ies)LU – 25.3
Responsible Department(s)Community Development Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
172. Strategy LU–25.3.1. Storefront Appearance. Commercial and office buildings
shall include a storefront appearance to the public street, and shall not be sepa-
rated from the public sidewalk by extensive landscaping or changes in elevation.
Office buildings shall be designed to accommodate future entrances from the side-
walk for future retail uses.
Implements Which Policy(ies)LU – 25.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
441
Page 47
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted173. Strategy LU–25.3.2. Parking. Commercial properties or commercial portions of
properties may rely on public parking on Pasadena and Imperial Avenues to meet
their off–site parking needs within the area bounded by Granada Avenue, Stevens
Creek Boulevard, Orange Avenue, and the Union Pacific right–of–way (see dia-
gram to the right).
Implements Which Policy(ies)LU – 25.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
174. Street Design and Connectivity. Maintain Monta Vista Village as a walkable,
bikeable mixed–use neighborhood with sidewalks, street trees and roadway
improvements for bike lanes and sidewalks with routes to the tri–school area. Au-
tomobile, pedestrian and bicycle improvements are envisioned along other streets
in this area to create an interconnected grid and with new development to remove
street blockages and promote a network of streets. On–street parking is encour-
aged. Roadway and sidewalk improvements will also improve school routes from
the northern neighborhoods to the tri–school area.
Implements Which Policy(ies)LU – 25.4
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
175. Strategy LU–25.4.1. Interconnected Access. Individual properties shall have
interconnected pedestrian and vehicle access and shared parking.
Implements Which Policy(ies)LU – 25.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
176. Strategy LU–25.4.2. Residential Streets. Residential street improvements may
have a semi–rural appearance based on the Municipal Code requirements. Safe
routes to school streets, or any others designated by the City Council shall be
required to have sidewalks and street trees.
Implements Which Policy(ies)LU – 25.4
Responsible Department(s)Public Works– Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
442
Page 48
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedOTHER NON–RESISENTIAL/MIXED–USE SPECIAL AREAS
177. Land Use. Retrofit or redevelop neighborhood centers using the “neighborhood
commercial centers” concept discussed earlier in this Element. Areas that are not
designated as “neighborhood centers” are encouraged to provide commercial uses
with active uses such as entries, lobbies, seating areas or retail along the street.
See Figure LU–2 for residential densities and criteria.
Implements Which Policy(ies)LU – 26.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Serviecs
Funding Source(s)General Fund
178. Building and Site Design. Encourage buildings to be designed in a pedestrian–
oriented format. Buildings should be located along the street with pedestrian–
scale architecture and retail and active uses on the ground floor. Parking should be
located to the sides or rear. Buildings may be one to two stories in height. In some
instances, buildings may be three stories in height.
Implements Which Policy(ies)LU – 26.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
179. Street Design and Connectivity. Create neighborhood centers that area walkable,
bikeable areas with sidewalks, street trees and roadway improvements for bike
lanes sidewalks to provide connections to the neighborhoods that they service.
Implements Which Policy(ies)LU – 26.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
180. Neighboring Buffers. Encourage projects to include building transitions, set-
backs and landscaping to provide a buffer for adjoining low–intensity residential
uses.
Implements Which Policy(ies)LU – 26.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
443
Page 49
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedNEIGHBORHOODS
181. Compatibility. Ensure that new development within and adjacent to residential
neighborhoods is compatible with neighborhood character.
Implements Which Policy(ies)LU – 27.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
182. Strategy LU–27.1.1. Regulations. Maintain and update design regulations and
guidelines for single–family development that address neighborhood compatibili-
ty and visual and privacy impacts.
Implements Which Policy(ies)LU – 27.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
183. Strategy LU–27.1.2. Neighborhood Guidelines. Identify neighborhoods that
have a unique architectural style, historical background or location and develop
plans that preserve and enhance their character. Support and budget for special
zoning or design guidelines (e.g. the Fairgrove Eichler neighborhood) and single–
story overly zones in neighborhoods, where there is strong neighborhood support.
Implements Which Policy(ies)LU – 27.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
184. Strategy LU–27.1.3. Flexibility. When neighborhoods are in transition, add
flexibility for requirements for new development that acknowledge the transition
while continuing to respect the existing neighborhood.
Implements Which Policy(ies)LU – 27.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
185. Strategy LU–27.1.4. Late Night Uses. Discourage late–evening entertainment
activities such as night–clubs in commercial areas where parcels are especially
narrow, abut single–family residential development, and cannot adequately pro-
vide visual and noise buffers.
Implements Which Policy(ies)LU – 27.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
444
Page 50
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted186. Relationship to the Street. Ensure that new development in and adjacent to
neighborhoods improve the walkability of neighborhoods by providing inviting
entries, stoops and porches along the street frontage, compatible building design
and reducing visual impacts of garages.
Implements Which Policy(ies)LU – 27.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
187. Entries. Define neighborhood entries through architecture, or landscaping appro-
priate to the character of the neighborhood. Gates are discouraged because they
isolate developments from the community.
Implements Which Policy(ies)LU – 27.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
188. Connections. Support pedestrian and bicycling improvements that improve ac-
cess with neighborhoods to parks, schools and local retail, and between neighbor-
hoods. Support traffic calming measures rather than blocking the street to reduce
traffic impacts on neighborhoods.
Implements Which Policy(ies)LU – 27.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
189. Streets. Determine appropriate street widths, bike lane, sidewalk and streetlight
design to define the unique character of neighborhoods, where appropriate.
Implements Which Policy(ies)LU – 27.5
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
190. Multi–family Residential Design. Maintain an attractive, liveable environment
for multi–family dwellings.
Implements Which Policy(ies)LU – 27.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
445
Page 51
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted191. Strategy LU–27.6.1. Provision of Outdoor Areas. Provide outdoor areas, both
passive and active, and generous landscaping to enhance the surroundings for
multi–family residents. Allow public access to the common outdoor areas when-
ever possible.
Implements Which Policy(ies)LU – 27.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
192. Strategy LU–27.6.2. Ordinance Updates. Update the Planning Development
(residential) and R–3 ordinances to achieve the policies and strategies applicable
to multi–family development in neighborhoods.
Implements Which Policy(ies)LU – 27.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
193. Compatibility of Lots. Ensure that zoning, subdivision and lot–line adjustment
requests related to lot size or lot design consider the need to preserve neighbor-
hood lot patterns.
Implements Which Policy(ies)LU – 27.7
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
194. Strategy LU–27.7.1. Ensure that subdivision and lot–line adjustment requests
respect the neighborhood lot size patterns. Consider revisions to lot size require-
ments if the neighborhood lot pattern is different from the zoning requirements.
Implements Which Policy(ies)LU – 27.7
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
195. Strategy LU–27.7.2. Flag Lots. Allow flag lots only in cases where they are the
sole alternative to integrate subdivisions with the surrounding neighborhood.
Implements Which Policy(ies)LU – 27.7
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
446
Page 52
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted196. Protection. Protect residential neighborhoods from noise, traffic, light, glare,
odors and visually intrusive effects from more intense development with land-
scape buffers, site and building design, setbacks and other appropriate measures.
Implements Which Policy(ies)LU – 27.8
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Transpor-
tation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
197. Amenities and Services. Improve equitable distribution of community amenities
such as parks and access to shopping within walking and bicycling distance of
neighborhoods.
Implements Which Policy(ies)LU – 27.9
Responsible Department(s)Public Works – Development Services; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic
Works – Park Improvement
Funding Source(s)General Fund
INSPIRATION HEIGHTS NEIGHBORHOOD
198. Connectivity. Improve bicycle and pedestrian environment along Foothill Boule-
vard and Stevens Canyon Road to improve neighborhood connectivity to services
as well as for hikers and bikers accessing natural open spaces in the vicinity.
Implements Which Policy(ies)LU – 28.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
199. Merriman–Santa Lucia Neighborhood. Allow legal, non–conforming duplexes
to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill
Boulevard.
Implements Which Policy(ies)LU – 28.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
447
Page 53
Table LU LAND USE AND COMMUNITY DESIGN
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedOAK VALLEY NEIGHBORHOOD
200. Development Intensity. Require development intensity for the single–family Oak
Valley neighborhood to be consistent with the development agreement that in-
cludes the use permit and other approvals. The development agreement describes
development areas, intensity and styles of development, public park dedication,
tree protection, access and historic preservation. The theme of the approvals is to
balance development with environmental protection by clustering development,
setting it back from sensitive environmental areas and preserving large areas as
permanent open space.
Implements Which Policy(ies)LU – 29.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Recre-
ation and Community ServicesPublic Works –
Park Improvement
Funding Source(s)General Fund
201. Design Elements. Require buildings to reflect the natural hillside setting as re-
quired in residential hillside zones with traditional architectural styles and natural
materials and colors. Larger building elements should be scaled to respect the
existing development in the surrounding area.
Implements Which Policy(ies)LU – 29.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
FAIRGROVE NEIGHBORHOOD
202. Development Standards. Require all new construction to conform to the R1–e
zoning (Single Family Residential – Eichler).
Implements Which Policy(ies)LU – 30.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
203. Design Guidelines. Encourage residents to incorporate the design guidelines
illustrated in the Eichler Design Guidelines.
Implements Which Policy(ies)LU – 30.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
448
Page 54
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedAVAILABILITY OF HOUSING
204. Provision of Adequate Capacity for New Construction Need. Designate suffi-
cient land at appropriate densities to accommodate Cupertino’s Regional Housing
Needs Allocation (RHNA) of 1,064 units for the 2014–2022 planning period.
Implements Which Policy(ies)HE – 1.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Housing
Funding Source(s)General Fund
205. Housing Densities. Provide a full range of densities for ownership and rental
housing.
Implements Which Policy(ies)HE – 1.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Housing
Funding Source(s)None Required
206. Mixed–Use Development. Encourage mixed–use development near transporta-
tion facilities and employment centers.
Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Housing
Supporting Depart-
ment(s)/Partner(s)
Community Development – Planning
Funding Source(s)None Required
449
Page 55
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted207. Strategy HE – 1.3.1. Land Use Policy and Zoning Provisions. To accommodate
the Regional Housing Needs Allocation (RHNA), the City will continue to:
• Provide adequate capacity through the Land Use Element and Zoning Ordi-
nance to accommodate the RHNA of 1,064 units while maintaining a balanced
land use plan that offers opportunities for employment growth, commercial/retail
activities, services and amenities.
• Monitor development standards to ensure they are adequate and appropriate to
facilitate a range of housing in the community.
• Monitor the sites inventory and make it available on the City website.
• Monitor development activity on the Housing Opportunity Sites to ensure that
the City maintains sufficient land to accommodate the RHNA during the planning
period. In the event a housing site listed in the Housing Element sites inventory
is redeveloped with a non–residential use or at a lower density than shown in the
Housing Element sites inventory, ensure that the City has adequate capacity to
meet the RHNA by making the findings required by Government Code Section
65863 and identifying alternative site(s) within the City if needed.
• Priority Housing Sites: As part of the Housing Element update, the City has
identified five priority sites under Scenario A (see Table HE–5) for residential
development over the next eight years. The General Plan and zoning designations
allow the densities shown in Table HE–5 for all sites except the Vallco Shop-
ping District will involve significant planning and community input. A specific
plan will be required to implement a comprehensive strategy for a retail/office/
residential mixed use development. The project applicant would be required to
work closely with the community and the City to bring forth a specific plan that
meets the community’s needs, with the anticipated adoption and rezoning to occur
within three years of the adoption of the 2014–2022Housing Element (by May 31,
2018). The specific plan would permit 389 units by right at a minimum density
of 20 units per acre. If the specific plan and rezoning are not adopted within three
years of Housing Element adoption (by May 31, 2018), the City will schedule
hearings consistent with Govt. Code Section 65863 to consider removing Vallco
as a priority housing site under Scenario A, to be replaced by sites identified in
Scenario B (see detailed discussion and sites listing of “Scenario B” in Appendix
B – Housing Element Technical Appendix). As part of the adoption of Scenario
B, the City intends to add two additional sites to the inventory: Glenbrook Apart-
ments and Homestead Lanes, along with increased number of permitted units on
The Hamptons and The Oaks sites. Applicable zoning is in place for Glenbrook
Apartments and Homestead Lanes site would need to be rezoned at that time to
permit residential uses. Any rezoning required will allow residential uses by right
at a minimum density of 20 units per acre.
Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
450
Page 56
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted208. Strategy HE – 1.3.2. Second Dwelling Units. The City will continue to im-
plement the Second Dwelling Unit Ordinance and encourage the production of
second units.
Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)None Required
209. Strategy HE – 1.3.3. Lot Consolidation. To facilitate residential and mixed use
developments, the City will continue to:
• Encourage lot consolidation when contiguous smaller, underutilized parcels are
to be redeveloped.
• Encourage master plans for such sites with coordinated access and circulation.
• Provide technical assistance to property owners of adjacent parcels to facilitate
coordinated redevelopment where appropriate.
• Encourage intra– and inter–agency cooperation in working with applicants at no
cost prior to application submittal for assistance with preliminary plan review.
Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
210. Strategy HE – 1.3.4. Flexible Development Standards. The City recognizes
the need to encourage a range of housing options in the community. The City will
continue to:
• Offer flexible residential development standards in planned residential zoning
districts, such as smaller lot sizes, lot widths, floor area ratio and setbacks, particu-
larly for higher density and attached housing developments.
• Consider granting reductions in off–street parking on a case–by–case basis for
senior housing.
Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
451
Page 57
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted211. Strategy HE – 1.3.5. Heart of the City Specific Plan. To reduce constraints to
housing development, and in order to ensure that the designated sites can ob-
tain the realistic capacity shown in the Housing Element, the City will review
revisions to the Heart of the City Specific Plan residential density calculation
requirement, to eliminate the requirement to net the non–residential portion of the
development from the lot area.Implements Which Policy(ies)HE – 1.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
HOUSING AFFORDABILITY
212. Housing Mitigation. Ensure that all new developments – including market–rate
residential developments – help mitigate project–related impact on affordable
housing needs.
Implements Which Policy(ies)HE – 2.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)BMR AHF
213. Range of Housing Types. Encourage the development of diverse housing stock
that provides a range of housing types (including smaller, moderate cost of hous-
ing) and affordability levels. Emphasize the provision of housing for lower– and
moderate–income households including wage earners who provide essential pub-
lic services (e.g. school district employees, municipal and public safety employ-
ees, etc.)Implements Which Policy(ies)HE – 2.2
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF
214. Development of Affordable Housing and Housing for Persons with Special
Needs. Maintain and/or adopt appropriate land use regulations and other develop-
ment tools to encourage the development of affordable housing. Make every rea-
sonable effort to disperse units throughout the community but not at the expense
of undermining the fundamental goal of providing affordable units.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)
Funding Source(s)BMR AHF
452
Page 58
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted215. Strategy HE – 2.3.1. Office and Industrial Housing Mitigation Program. The
City will continue to implement the Office and Industrial Housing Mitigation Pro-
gram. This program requires that developers of office, commercial and industrial
space pay a mitigation fee, which will then be used to support affordable housing
in the City of Cupertino. These mitigation fees are collected and deposited in the
City’s Below Market–Rate Affordable Housing Fund (BMR AHF).
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Depart-
ment(s)/Partner(s)
Funding Source(s)BMR AHF
453
Page 59
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted216. Strategy HE – 2.3.2. Residential Housing Mitigation Program. The City will
continue to implement the Residential Housing Mitigation Program to mitigate
the need for affordable housing created by new market–rate residential develop-
ment. This program applies to new residential development. Mitigation includes
either the payment of the “Housing Mitigation” fee or the provision of a Below
Market–Rate (BMR) unit or units. Projects of seven or more for–sale units must
provide on–site BMR units. Projects of six units or fewer for–sale units can either
build one BMR unit or pay the Housing Mitigation fee. Developers of market–rate
rental units, where the units cannot be sold individually, must pay the Housing
Mitigation fee to the BMR AHF. The BMR program specifies the following:
a. Priority. To the extent permitted by law, priority for occupancy is given
to Cupertino residents, Cupertino full–time employees, and Cupertino public ser-
vice employees as defined in Cupertino’s Residential Housing Mitigation Manual.
b. For–Sale Residential Developments. Require 15% for–sale BMR units
in all residential developments where the units can be sold individually (including
single–family homes, common interest developments, and condominium conver-
sions or allow rental BMR units as allowed in (d) below).
c. Rental Residential Developments. To the extent permitted by law, require
15% rental very low and low–income BMR units in all rental residential develop-
ments. If the City is not permitted by law to require BMR units in rental residen-
tial developments, require payment of the Housing Mitigation Fee.
d. Rental Alternative. Allow rental BMR units in for–sale residential devel-
opments, and allow developers of market–rate rental developments to provide on–
site rental BMR units. If the developer: 1) enters into an agreement limiting rents
in exhange for a financial contribution or a type of assistance specified in density
bonus law (which includes a variety of regulatory relief); and 2) provides very
low–income and low–income BMR rental units.
e. Affordable Prices and Rents. Establish guidelines for affordable sales
prices and affordable rents for new affordable housing and update the guidelines
each year as new income guidelines are received.
f. Development of BMR Units Off Site. Allow developers to meet all or
a portion of their BMR or Housing Mitigation fee requirement by making land
available for the City or a nonprofit housing developer to construct affordable
housing, or allow developers to construct the required BMR units off site, in
partnership with a nonprofit. The criteria for land donation or off–site BMR units
(or combination of the two options) will be identified in the Residential Housing
Mitigation Manual.
g. BMR Term. Require BMR units to remain affordable for a minimum
of 99 years; and enforce the City’s first right of refusal for BMR units and other
means to ensure that BMR units remain affordable.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)BMR–AHF
454
Page 60
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted217. Strategy HE – 2.3.3. Below Market–Rate (BMR) Affordable Housing Fund
(AHF). The City’s BMR AHF will continue to support affordable housing proj-
ects, strategies and services, including but not limited to:
• BMR Program Administration
• Substantial rehabilitation
• Land acquisition
• Acquisition of buildings for permanent affordability, with or without rehabilita-
tion
• New construction
• Preserving “at–risk” BMR units
• Rental operating subsidies
• Down payment assistance
• Land write–downs
• Direct gap financing
• Fair housing
The City will target a portion of the BMR AHF to benefit extremely low–income
households and persons with special needs (such as the elderly, victims of domes-
tic violence, and the disabled, including persons with developmental disabilities),
to the extent that these target populations area found to be consistent with the
needs identified in the nexus study the City prepares to identify the connection. or
“nexus” between new developments and the need for affordable housing.
To ensure the mitigation fees continue to be adequate on affordable housing needs,
the City will update its Nexus Study for the Housing Mitigation Plan by the end of
2015.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Housing
Supporting Department(s) /
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF
455
Page 61
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted218. Strategy HE – 2.3.4. Housing Resources. Cupertino residents and developers
interested in providing affordable housing in the City have access to a variety of
resources administered by other agencies. The City will continue to provide infor-
mation on housing resources and services offered by the County and other outside
agencies. These include, but are not limited to:
• Mortgage Credit Certificate (MCC) – Santa Clara County Housing and Com-
munity Development Department.
• First–Time Homebuyer Assistance and Developer Loans for Multi–Family
Development – Housing Trust Silicon Valley (HTSV).
• Housing Choice Vouchers (Section 8) – Housing Authority of Santa Clara
County (HASCC).
• Affordable housing development
• Santa Clara County HOME Consortium
The City will also continue to explore and pursure various affordable housing re-
sources available at the local, regional, state and federal levels that could be used
to address housing needs in the community.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Housing
Supporting Department(s) /
Partner(s)Community Development – Planning
Funding Source(s)None Required
219. Strategy 2.3.5. Surplus Properties for Housing. The City will explore opportu-
nities on surplus properties as follows:
• Work with local public agencies, school districts and churches. to identify
surplus properties or underutilized properties that have the potential for residential
development.
• Encourage long–term land leases of properties from churches, school districts,
and corporations for construction of affordable units.
• Evaluate the feasibility of developing special housing for teachers or other em-
ployee groups on the surplus properties.
Research other jurisdictions housing programs for teachers for their potential
applicability in Cupertino.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Housing
Supporting Department(s) /
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF
456
Page 62
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted220. Strategy HE – 2.3.6. Incentives for Affordable Housing Development. The
City will continue to offer a range of incentives to facilitate the development of
affordable housing. These include:
• Financial assistance through the City’s BMR AHF and CDBG funds
• Partner with CDBG and/or support the funding application of qualified afford-
able housing developers for regional, state, and federal affordable housing funds,
including HOME funds, Low income Housing Tax Credits (LIHTC), and mort-
gage revenue bonds.
• Density bonus incentives (see Strategy HE – 2.3.7).
• Flexible development standards.
• Technical assistance.
• Waiver of park dedication fees and construction tax.
• Parking ordinance waivers.
• Expedited permit processing.
The City joined the Santa Clara County HOME Consortium so that HOME funds
for eligible affordable housing projects within the City of Cupertino are available
beginning federal fiscal year 2015.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Housing and Plan-
ning
Supporting Department(s)/
Partner(s)
Funding Source(s)BMR AHF, CDBG; HOME; General Fund
457
Page 63
Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted221. Strategy HE – 2.3.7. Density Bonus Ordinance. The City will encourage use of
density bonuses and incentives, as applicable, for housing developments which
include one of the following:
• At least 5% of the housing units are restricted to very low income residents.
• At least 10% of the housing units are restricted to lower income residents
• At least 10 % of the housing units in a for–sale common interest development
are restricted to moderate income residents.
• The project donates at least 1 acre of land to the City or county large enough for
40 very low income units; the land has the appropriate general plan designation,
zoning, permits, approvals, and access to public facilities needed for such hous-
ing; funding has been identified; and other requirements are met.
A density bonus of up to 20% must be granted to projects that contain one of the
following:
• The project is a senior citizen housing development (no affordable units re-
quired).
• The project is a mobile home park age restricted to senior citizens (no afford-
able units required).
For projects that contain on–site affordable housing, developers may request one
to three regulatory concessions, which must result in identifiable cost reductions
and be needed to make the housing affordable.
The City will update the density bonus ordinance as necessary to respond to future
changes in State Law.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
458
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted222. Strategy HE – 2.3.8. Extremely Low–Income Housing and Housing for
Persons with Special Needs. The will continue to encourage the development
of adequate housing to meet the needs of extremely low–income households and
persons with special needs (such as the elderly, victims of domestic violence, and
the disabled, including persons with developmental disabilities). Specifically, the
City will consider the following incentives:
• Provide financing assistance using the BMR AHF and CDBG
• Allow residential developments to exceed planned density maximums if they
provide special needs housing and the increase in density will not overburden
neighborhood streets or hurt neighborhood character.
• Grant reductions in off–street parking on a case–by–case basis.
• Partner with and/or support the funding application of qualified affordable hous-
ing developers for regional, state, and federal affordable housing funds, including
HOME finds, Low Income Housing Tax Credits( LIHTC), and mortgage revenue
bond.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF; CDBG; HOME
223. Strategy HE – 2.3.9. Employee Housing. The City permits employee housing in
multiple zoning districts. Pursuant to the State Employee Housing Act, any em-
ployee housing consisting of no more than 36 beds in a group quarters or 12 units
or spaces designed for use by a single family or household shall be deemed an
agricultural land use. No conditional use permit, zoning variance, or other zoning
clearance shall be required of this employee housing that is not required of any
other agricultural activity in the same zone. The permitted occupancy in employee
housing in a zone allowing agricultural uses shall include agricultural employees
who do not work on the property where the employee housing is located. The
Employee Housing Act also specifies that housing for six or fewer employees be
treated as a residential use. The City amended the Zoning Ordinance to be consis-
tent with the State Law in 2014 and will continue to comply with the Employee
Housing Act where it would apply.
Implements Which Policy(ies)HE – 2.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Housing
Funding Source(s)None Required
459
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedMAINTAINING EXISTING HOUSING STOCK
224. Housing Rehabilitation. Pursue and/or provide funding for the acquisition/reha-
bilitation of housing that is affordable to very low–, low– and moderate–income
households. Actively support and assist non–profit and for–profit developers in
producing affordable units.
Implements Which Policy(ies)HE – 3.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF; CDBG; HOME
225. Maintenance and Repair. Assist lower–income homeowners and rental property
owners in maintaining and repairing their housing units.
Implements Which Policy(ies)HE – 3.2
Responsible Department(s)Community Development – Housing
Supporting Departments(s)/
Partner(s)
Funding Source(s)BMR AHF; CDBG; HOME
226. Conservation of Housing Stock. The City’s existing multi–family units provide
opportunities for households of varied income levels. Preserve existing multi–
family housing stock by preventing the net loss of multi–family housing units in
new development and the existing inventory of affordable housing units that are at
risk of converting to market–rate housing.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)NoneBMR AHF; CDBG; HOME
227. Strategy HE – 3.3.1. Residential Rehabilitation. The City will continue to:
• Utilize its BMR AHF and CDBG funds to support residential rehabilitation ef-
forts in the community. These include: Acquisition/rehabilitation of rental housing
and Rehabilitation of owner–occupied housing.
• Provide assistance for home safety repairs and mobility/accessibility improve-
ments to income–qualified owner–occupants using CDBG funds. The focus of this
strategy is on the correction of safety hazards.
• Partner with and/or support the funding application of qualified affordable hous-
ing developers for regional, state, and federal affordable housing funds, including
HOME funds, Low Income Housing Tax Credits (LIHTC), and mortgage revenue
bonds.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)
Funding Source(s)BMR AHF; CDBG; HOME; LIHTC
460
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted228. Strategy HE – 3.3.2. Preservation of At–Risk Housing Units. One housing
project – Beardon Drive (eight units) – is considered at risk of converting to mar-
ket–rate housing during the next ten years. The City will proactively contact the
property owner regarding its intent to remain or opt out of the affordable program.
In the event, the project becomes a risk of converting to market–rate housing, the
City will work with the property owner or other interested non–profit housing pro-
viders to preserve the units. The City will also conduct outreach to the tenants to
provide information on any potential conversion and available affordable housing
assistance programs.
The City will continue to monitor its entire portfolio of affordable housing for–
sale and rental inventory annually. The City will monitor its affordable for–sale
inventory by ordering title company lot books, reviewing property profile reports
and updating its public database annually. The City will monitor its affordable
rental income certifications for each BMR tenant. The City records a Resale Re-
striction Agreement against each affordable BMR for–sale units and Regulatory
Agreement for BMR rental units to help ensure long–term affordability. To help
further preserve the City’s affordable housing stock, the City may consider provid-
ing assistance to rehabilitate and upgrade the affordable unit as well.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)BMR AHF; CDBG; HOME
229. Strategy HE – 3.3.3. Condominium Conversion. The existing Condominium
Conversion Ordinance regulated the conversion of rental units in multi–family
housing development in order to preserve the rental housing stock. Condominium
conversions are not allowed if the rental vacancy rate in Cupertino and adjacent
areas is less than 5% at the time of application for conversion and has average 5%
over the past six months. The City will continue to monitor the effectiveness of
this ordinance in providing opportunities for homeownership while preserving a
balanced housing stock with rental housing.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
461
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted230. Strategy HE – 3.3.4. Housing Preservation Program. When a proposed devel-
opment or redevelopment of a site would cause a loss of multi–family housing,
the City will grant approval only if:
• The project will comply with the City’s BMR program
• The number of units provided on the site is at least equal to the number of exist-
ing units; and
• Adverse impacts on displaced tenants, in developments with more than four
units, are mitigated.
In addition, indirect displacement may be caused by factors such as increased
market rents as areas become more desirable. The City will participate, as appro-
priate, in studies of regional housing need and displacement, and consider policies
and programs to address the indirect displacement of lower income residents as
appropriate.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
231. Strategy 3.3.5. Neighborhood and Community Clean–up Campaigns. The
City will continue to encourage and sponsor neighborhood and community clean–
up campaigns for both public and private properties.
Implements Which Policy(ies)HE – 3.3
Responsible Department(s)Community DevelopmentPublic Works – Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs and
Service Center
Funding Source(s)General Fund
SUSTAINABLE HOUSING DEVELOPMENT
232. Energy and Water Conservation. Encourage energy and water conservation in
all existing and new residential development.
Implements Which Policy(ies)HE – 4.1
Responsible Department(s)Community Development – Building and Plan-
ning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
462
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted233. Strategy HE – 4.1.1. Enforcement of Title 24. The City will continue to enforce
Title 24 requirements for energy conservation and will evaluate utilizing some of
the other suggestions as identified in the Environmental Resources/Sustainabililty
Element.
Implements Which Policy(ies)HE – 4.1
Responsible Department(s)Community Development – Building
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General FundNone Required
234. Strategy HE – 4.1.2. Sustainable Practices. The City will continue to implement
the Landscape Ordinance for water conservation and the Green Building Ordi-
nance (adopted in 2013) that applies primarily to new residential and non–residen-
tial development, additions, renovations, and tenant improvements of ten or more
units.
To further the objectives of the Green Building Ordinance, the City will evaluate
the potential to provide incentives, such as waiving or reducing fees, for energy
conservation improvements at affordable housing projects (existing or new) with
fewer than ten units to exceed the minimum requirements of the CA Green Build-
ing Code. This City will also implement the policies in its climate action plan to
achieve residential–focused greenhouse gas emission reductions and further these
community energy and water conservation goals.
Implements Which Policy(ies)HE – 4.1.2
Responsible Department(s)Community Development – Planning and Build-
ing
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Work – Environmental Programs
Funding Source(s)None Required
LOWER-INCOME AND SPECIAL NEEDS HOUSING
235. Lower–Income and Special Needs Households. Support organizations that
provide services to lower–income households and special needs households in the
City, such as the homeless, elderly, disabled and single parent households.
Implements Which Policy(ies)HE – 5.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)
Funding Source(s)None BMR AHF; CDBG; HSG
463
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted236. Strategy HE –5.1.1. Emergency Shelters. The City will continue to facilitate
housing opportunities for special needs persons by allowing emergency shelters
as a permitted use in the “BQ” Quasi–Public zoning district. The City will subject
emergency shelters to the same development standards as other similar uses with-
in the BQ zoning district, except for those provisions permitted by State Law and
provided in the Zoning Ordinance for emergency shelters.Implements Which Policy(ies)HE – 5.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
237. Strategy HE – 5.1.2. Supportive Services for Lower–Income Households and
Persons with Special Needs. The City will continue to utilize its BMR AHF,
CDBG and General Fund Human Service Grants (HSG) funds to provide for a
range of supportive services.
Implements Which Policy(ies)HE – 5.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)
Funding Sources(s)BMR AHF; CDBG; HSG
238. Strategy HE – 5.1.3. Rotating Homeless Shelter. The City will continue to sup-
port the operation of a Rotating Homeless Shelter program.
Implements Which Policy(ies)HE – 5.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)Faith in Action
Funding Source(s)None Required
FAIR HOUSING
239. Housing Discrimination. The City will work to eliminate on a citywide basis all
unlawful discrimination in housing with respect to age, race, sex, sexual orien-
tation, marital or familial status, ethnic background. medical condition, or other
arbitrary factors, so that all persons can obtain decent housing.
Implements Which Policy(ies)HE – 6.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)
Funding Source(s)BMR AHF; CDBG
464
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted240. Strategy HE – 6.1.1. Fair Housing Services. The City will continue to:
• Provide fair housing services, which include outreach, education, counseling,
and investigation of fair housing complaints.
• Retain a fair housing service provider to provide direct services for residents,
landlords and other housing professionals.
• Coordinate with efforts of the Santa Clara County Fair Housing Consortium to
affirmatively further fair housing.
• Distribute fair housing materials produced by various organizations at public
counters and public events
Implements Which Policy(ies)HE – 6.1
Responsible Department(s)Community Development – Housing
Supporting Department(s)/
Partner(s)
Santa Clara County Fair Housing Consortium;
Eden Council for Hope and Opportunity (ECHO)
Funding Source(s)BMR AHF; CDBG
LOCAL AND REGIONAL COORDINATION
241. Coordination with Local School Districts. The Cupertino community places
a high value on the excellent quality of education provided by the three public
school districts which serve residents. To ensure the long–term sustainability of
the schools in tandem with the preservation and development of vibrant residential
areas, the City will continue to coordinate with the CUSD, FHUSD, and SCUSD.
Implements Which Policy(ies)HE – 7.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)None Required
242. Coordination with Regional Efforts to Address Housing–Related Issues. Co-
ordinate efforts with regional organizations, including ABAG and the BAAQMD,
as well as neighboring jurisdictions, to address housing and related quality of life
issues (such as air quality and transportation).
Implements Which Policy(ies)HE – 7.2
Responsible Department(s)Community Development – Housing and Plan-
ning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
465
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Table HE HOUSING
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted243. Strategy HE – 7.3.1. Coordination with Outside Agencies and Organizations.
The City recognizes the importance of partnering with outside agencies and orga-
nizations in addressing local and regional housing issues.
These may include, but are not limited to, the following:
• School districts
• Housing providers
• Neighboring jurisdictions
• ABAG
• BAAQMD
• Housing Trust Silicon Valley
• Santa Clara County Fair Housing Consortium
• Santa Clara County Continuum of Care (COC)
• Housing Authority of Santa Clara County (HASCC)
• VTA
Specifically, the City will meet with these agencies/organizations periodically
to discuss the changing needs, development trends, alternative approaches, and
partnering opportunities.
Implements Which Policy(ies)HE – 7.3
Responsible Deparment(s)Community Development – Planning and Hous-
ing
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
466
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedREGIONAL COORDINATION
244. Regional Transportation Planning. Participate in regional transportation plan-
ning processes to develop programs consistent with the goals and policies of Cu-
pertino’s General Plan and to minimize adverse impacts on the City’s circulation
system. Work with neighboring cities to address regional transportation and land
use issues of mutual interest.
Implements Which Policy(ies)M – 1.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Manag-
er – Sustainability Programs
Funding Source(s)General Fund
245. Transportation Impact Analysis. Participate in the development of new multi–
modal analysis methods and impact thresholds as required by Senate Bill 743.
However, until such impact thresholds are developed, continue to optimize mobil-
ity for all modes of transportation while striving to maintain the following inter-
section Levels of Service (LOS) at a.m. and p.m. peak traffic hours:
• Major intersections: LOS D
• Stevens Creek Boulevard and De Anza Boulevard: LOS E+
• Stevens Creek Boulevard and Stelling Road: LOD E+
• De Anza Boulevard and Bollinger Road: LOS E+
Implements Which Policy(ies)M – 1.2
Responsible Department(s)Public Works – Engineering and Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Development Services
Funding Source(s)General Fund
246. Regional Trail Development. Continue to plan and provide for a comprehensive
system of trails and pathways consistent with regional systems, including the Bay
Trail, Stevens Creek Corridor and Ridge Trail.
Implements Which Policy(ies)M – 1.3
Responsible Department(s)Public Works – Development Services and Trans-
portation
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)None Required
467
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedCOMPLETE STREETS
247. Street Design. Adopt and maintain street design standards to optimize mobility
for all transportation modes including automobiles, walking, bicycling and transit.
Implements Which Policy(ies)M – 2.1
Responsible Department(s)Public Works – Development Services and Trans-
portation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
248. Adjacent Land Use. Design roadway alignments, lane widths, medians, parking
and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in
keeping with the vision of the Planning Area. Strive to minimize adverse impacts
and expand alternative transportation options for all Planning Areas (Special
Areas and Neighborhoods). Improvement standards shall also consider the urban,
suburban and rural environments found within the City.
Implements Which Policy(ies)M – 2.2
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
249. Strategy M – 2.2.1. Rural Road Improvement Standards. Consider candidate
rural roads and develop specific street improvement standards that preserve the
rural character of these streets. Rural roads would typically feature natural land-
scaping, no sidewalks and narrow unpaved shoulders.
Implements Which Policy(ies)M – 2.2
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
250. Strategy M – 2.2.2. Semi–rural Road Improvements Standards. Consider can-
didate semi–rural roads where curb and gutter improvements, and no sidewalks,
are appropriate.
Implements Which Policy(ies)M – 2.2
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
468
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted251. Strategy M – 2.2.3. Urban Road Improvement Standards. Develop urban im-
provement standards for arterials such as Stevens Creek and De Anza Boulevards.
In these areas, standards may include wide sidewalks, tree wells, seating, bike
racks and appropriate street furniture.
Implements Which Policy(ies)M – 2.2
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
252. Strategy M – 2.2.4. Suburban Road Improvement Standards. Develop subur-
ban road improvement standards for all streets not designated as rural, semi–rural
or in the Crossroads Area.
Implements Which Policy(ies)M – 2.2
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
253. Connectivity. Promote pedestrian and bicycle improvements that improve con-
nectivity between planning areas, neighborhoods and services, and foster a sense
of community.
Implements Which Policy(ies)M – 2.3
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
254. Community Impacts. Reduce traffic impacts and support alternative modes of
transportation rather than constructing barriers to mobility. Do not close streets
unless there is a demonstrated safety or over–whelming through traffic problem
and there are no acceptable alternatives since street closures move the problem
from one street to another.
Implements Which Policy(ies)M – 2.4
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
469
Page 75
Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted255. Public Accessibility. Ensure all new public and private streets are publicly acces-
sible to improve walkability and reduce impacts on existing streets.
Implements Which Policy(ies)M – 2.5
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
256. Traffic Calming. Consider the implementation of best practices on streets to re-
duce speeds and make them user–friendly for alternative modes of transportation,
including pedestrians and bicyclists.
Implements Which Policy(ies)M – 2.6
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
WALKABILITY AND BIKEABILITY
257. Bicycle and Pedestrian Master Plan. Adopt and maintain a Bicycle and Pedes-
trian Master Plan, which outlines policies and improvements to streets, extension
of trails, and pathways to create a safe way for people of all ages to bike and walk
on a daily basis, and as shown in Figure M–1.
Implements Which Policy(ies)M – 3.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
258. Development. Require new development and redevelopment to increase connec-
tivity through direct and safe pedestrian connections to public amenities, neigh-
borhoods, shopping and employment destinations throughout the City.
Implements Which Policy(ies)M – 3.2
Responsible Department(s)Community Development – Planning; Public
Works – Transportation and Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
470
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted259. Pedestrian and Bicycle Crossings. Enhance pedestrian and bicycle crossings and
pathways at key locations across physical barriers such as creeks, highways and
road barriers.
Implements Which Policy(ies)M – 3.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
260. Street Widths. Preserve and enhance citywide pedestrian and bike connectivity
by limiting street widening purely for automobiles as a means of improving traffic
flow.
Implements Which Policy(ies)M – 3.4
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Development Services
Funding Source(s)General Fund
261. Curb Cuts. Minimize the number and the width of driveway openings.
Implements Which Policy(ies)M – 3.5
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
262. Strategy M – 3.5.1. Shared Driveway Access. Encourage property owners to use
shared driveway access and use shared driveway access and interconnected roads
within blocks, where feasible. Require driveway access closures, consolidations or
both when a site is remodeled or redeveloped.
Implements Which Policy(ies)M – 3.5
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
263. Strategy M – 3.5.2. Direct Access from Secondary Streets. Encourage property
with frontages on major and secondary streets to provide direct access to drive-
ways from the secondary street.
Implements Which Policy(ies)M – 3.5
Responsible Department(s) Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
471
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted264. Safe Spaces for Pedestrians. Require parking lots to include clearly defined
paths for pedestrians to provide a safe path to building entrances.
Implements Which Policy(ies)M – 3.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
265. Capital Improvement Program. Plan for improvements to pedestrian and bicy-
cle facilities and eliminate gaps along the pedestrian and bicycle network as part
of the City’s Capital Improvement Program.
Implements Which Policy(ies)M – 3.7
Responsible Department(s)Public Works – Transportation and Capital Im-
provements
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
266. Bicycle Parking. Require new development and redevelopment to provide public
and private bicycle parking.
Implements Which Policy(ies)M – 3.8
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
267. Outreach. Actively engage the community in promoting walking and bicycling
through education, encouragement and outreach on improvement projects and
programs.
Implements Which Policy(ies)M – 3.9
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
268. Quarry Operations. Prioritize enforcement of truck speeds from Stevens Creek
and the Lehigh Cement Plan on Stevens Canyon Road, and Stevens Creek and
Foothill Boulevards.
Implements Which Policy(ies)M – 3.10
Responsible Department(s)Santa Clara County Sheriff’s Department
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
472
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedTRANSIT
269. Transit Agencies. Coordinate with VTA to improve transportation service, infra-
structure and access in the City, and to connect to transportation facilities such as
Caltrain and VTA light rail stations.
Implements Which Policy(ies)M – 4.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Manag-
er – Sustainability Programs
Funding Source(s)None Required
270. Local Transportation Services. Create or partner with transit providers, employ-
ers, education institutions, and major commercial entities to minimize gaps within
local transportation services.
Implements Which Policy(ies)M – 4.2
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
271. Connecting Special Areas. Identify and implement new or enhanced transit ser-
vices to connect all Special Areas as identified in Figure PA–1 (Chapter 2: Plan-
ning Areas)
Implements Which Policy(ies)M – 4.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
272. Transit Facilities with New Development. Work with VTA and/or major de-
velopments to ensure all new development projects include amenities to support
public transit including bus stop shelters, space for transit vehicles as appropriate
and attractive amenities such as trash receptacles, signage, seating and lighting.
Implements Which Policy(ies)M – 4.4
Responsible Department(s)Community Development – Planning; Public
Works – Transportation and Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
473
Page 79
Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted273. Access to Transit Services. Support right–of–way design and amenities consis-
tent with local transit goals to improve transit as a viable alternative to driving.
Implements Which Policy(ies)M – 4.5
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services, Transportation and
Capital Improvement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)NoneCapital Improvement Fund
274. Bus and Shuttle Programs. Work with large regional employers and private
commuter bus/shuttle programs to provide safe pick–up, drop–off, and park and
rides in order to reduce single occupancy vehicle trips.
Implements Which Policy(ies)M – 4.6
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
275. Vallco Shopping District Transfer Station. Work with VTA and/or other trans-
portation service organizations to study and develop a transit transfer station that
incorporates a hub for alternative transportation services such as, car sharing, bike
sharing and/or other services.
Implements Which Policy(ies)M – 4.7
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
SAFE ROUTES TO SCHOOL
276. Safe Routes to Schools. Promote Safe Routes to Schools programs for all schools
serving the City.
Implements Which Policy(ies)M – 5.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
474
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted277. Strategy M – 5.1.1. Coordination with School Districts. Coordinate with the
School Districts to develop plans and programs that encourage car/van–pooling,
stagger hours of adjacent schools, establish drop–off locations, and encourage
walking and bicycling to school.
Implements Which Policy(ies)M – 5.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
278. Strategy M – 5.1.2. Teen Commission. Encourage the Teen Commission to work
with schools to encourage year–round programs to incentivize walking and biking
to school.
Implements Which Policy(ies)M – 5.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Outdoor
Recreation & Youth ProgramsDevelopment; City
Manager – Sustainability Programs
Funding Source(s)General Fund
279. Prioritizing Projects. Ensure that bicycle and pedestrian safety improvements
include projects to enhance safe accessibility to schools.
Implements Which Policy(ies)M – 5.2
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
280. Connections to Trails. Connect schools to the citywide trail system.
Implements Which Policy(ies)M – 5.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
281. Education. Support education programs that promote safe walking and bicycling
to schools.
Implements Which Policy(ies)M – 5.4
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
VEHICLE PARKING
475
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted282. Parking Codes. Maintain efficient and updated parking standards to ensure that
development provides adequate parking, both on–street and off–street, depend-
ing on the characteristics of the development, while also reducing reliance on the
automobile.
Implements Which Policy(ies)M – 6.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
283. Off–street Parking. Ensure new off–street parking is properly designed and effi-
ciently used.
Implements Which Policy(ies)M – 6.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
TRANSPORTATION IMPACT ANALYSIS
284. Multi–Modal Transportation Impact Analysis. Follow guidelines set by the
VTA related to transportation impact analyses, while conforming to State goals for
multi–modal performance targets.
Implements Which Policy(ies)M – 7.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
285. Protected Intersections. Consider adopting a Protected Intersection Policy, which
would identify intersections where improvements would not be considered, which
would degrade the levels of service for non–vehicular modes of transportation.
Potential locations include intersections in Priority Development Areas (PDAs)
and other areas where non–vehicular transportation is a key consideration, such
as, near shopping districts, schools, parks and senior citizen developments.Implements Which Policy(ies)M – 7.2
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
476
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedGREENHOUSE GAS EMISSIONS AND AIR QUALITY
286. Greenhouse Gas Emissions. Promote transportation policies that help to reduce
greenhouse gas emissions.
Implements Which Policy(ies)M – 8.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Transportation
Funding Source(s)None Required
287. Land Use. Support development and transportation improvements that help re-
duce greenhouse gas emissions by reducing per capita VMT, reducing impacts on
the City’s transportation network and maintaining the desired levels of service for
all modes of transportation.
Implements Which Policy(ies)M – 8.2
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
288. Transportation Systems Management (TSM) Programs. Employ TSM strate-
gies to improve efficiency of the transportation infrastructure including strategic
right–of–way improvements, intelligent transportation systems and optimization
of signal timing to coordinate traffic flow.
Implements Which Policy(ies)M – 8.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
289. Transportation Demand Management (TDM) Programs. Require large em-
ployers, including colleges and schools, to develop and maintain TDM programs
to reduce vehicle trips generated by their employees and students and develop a
tracking method to monitor results.
Implements Which Policy(ies)M – 8.4
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
477
Page 83
Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted290. Design of New Developments. Encourage new commercial development to
provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers,
bicycle parking, home offices, shuttle buses to transit facilities and other ameni-
ties that encourage the use of transit, bicycling or walking as commute modes to
work. Provide pedestrian pathways and orient buildings to the street to encourage
pedestrian activity.
Implements Which Policy(ies)M – 8.5
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
291. Alternative Fuel Charging Stations. Develop a city–wide strategy to encour-
age the construction of a network of public and private alternative fuel vehicle
charging/fueling stations.
Implements Which Policy(ies)M – 8.6
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Transportation
Funding Source(s)General Fund
ROADWAY SYSTEM EFFICIENCY
292. Efficient Automobile Infrastructure. Strive to maximize the efficiency of exist-
ing infrastructure by locating appropriate land uses along roadways and retrofit-
ting streets to be accessible for all modes of transportation.
Implements Which Policy(ies)M – 9.1
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
293. Reduced Travel Demand. Promote effective TDM programs for existing and
new development.
Implements Which Policy(ies)M – 9.2
Responsible Department(s)Public Works – Transportation; Community Devel-
opment – Planning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
478
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted294. Street Width. Except as required by environmental review for new developments,
limit widening of streets as a means of improving traffic efficiency and focus
instead on operational improvements to preserve community character.
Implements Which Policy(ies)M – 9.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
295. Strategy M – 9.3.1. Wolfe Road Overcrossing. Consider alternate designs for
the Wolfe Road/Interstate 280 Interchange (e.g. from partial cloverleaf design to
diamond design) when evaluating the need to widen the freeway overcrossing.
Implements Which Policy(ies)M – 9.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
296. Strategy M – 9.3.2. Streetscape Design. When reviewing the widening of an
existing street, consider aesthetically pleasing enhancements and amenities to im-
prove the safe movement of pedestrians and bicyclists in keeping with the vision
of the Planning Area.
Implements Which Policy(ies)M – 9.3
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
TRANSPORTATION INFRASTRUCTURE
297. Transportation Improvement Plan. Develop and implement an updated city-
wide transportation improvement plan necessary to accommodate vehicular,
pedestrian and bicycle transportation improvements to meet the City’s needs.
Implements Which Policy(ies)M – 10.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
298. Transportation Impact Fee. Ensure sustainable funding levels for the Transpor-
tation Improvement Plan by enacting a transportation impact fee for new develop-
ment.
Implements Which Policy(ies)M – 10.2
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
479
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Table M MOBILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted299. Multi–Modal Improvements. Integrate the financing, design and construction of
pedestrian and bicycle facilities with street projects. Build pedestrian and bicy-
cle improvements at the same time as improvements for vehicular circulation to
enable travelers to transition from one mode of transportation to another (e.g.
bicycle to bus).
Implements Which Policy(ies)M – 10.3
Responsible Department(s)Public Works – Transportation and Capital Im-
provements
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
300. Roadway Maintenance Funding. Identify and secure new funding sources to
fund the on–going routine maintenance of roadways.
Implements Which Policy(ies)M – 10.4
Responsible Department(s)Public Works – Transportation, Development Ser-
vices and Capital Improvement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)NoneCapital Improvement Fund/Grants
480
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Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedPLANNING AND REGIONAL TRANPORTATION
301. Principles of Sustainability. Incorporate the principles of sustainability into Cu-
pertino’s planning, infrastructure and development process in order to improve the
environment, reduce greenhouse gas emissions, and meet the needs of the com-
munity without compromising the needs of future generations.
Implements Which Policy(ies)ES – 1.1
Responsible Department(s)City Manager – Sustainability Programs; Com-
muity Development – Planning;
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Transpor-
tation and Environmental Programs
Funding Source(s)General Fund
302. Strategy ES – 1.1.1. Climate Action Plan (CAP). Adopt, implement and main-
tain a Climate Action Plan to attain greenhouse gas emission targets consistent
with state law and regional requirements. This qualified greenhouse gas emissions
reduction plan, by BAAQMD’s definition, will allow for future project CEQA
streamlining and will identify measures to:
• Reduce energy use through conservation and efficiency;
• Reduce fossil fuel use through multi–modal and alternative transportation;
• Maximize use of and, where feasible, install renewable energy resources;
• Increase citywide water conservation and recycled water use;
• Accelerate Resource Recovery through expanded recycling, composting, ex-
tended producer responsibility and procurement practices;
• Promote and incentivize each of those efforts to maximize community partici-
pation and impacts; and
• Integrate multiple benefits of green infrastructure with climate resiliency and
adaptation.
Implements Which Policy(ies)ES – 1.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)Commuity Development – Planning;
Funding Source(s)General Fund
481
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Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted303. Strategy ES – 1.1.2. CAP and Sustainability Strategies Implementation.
Periodically review and report on the effectiveness of the measures outlined in the
CAP and the strategies in this Element. Institutionalize sustainability by devel-
oping a methodology to ensure all environmental, social and lifecycle costs are
considered in project, program, policy and budget decisions.
Implements Which Policy(ies)ES – 1.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Commuity Development – Planning, and Build-
ing; and Community DevelopmentCity Manager
– Economic Development; Public Works – Devel-
opment Services, Transportation, Environmental
Programs, Service Center, and Capital Improve-
ment Program; City Manager; City Attorney;
Information Services; Administrative Services
– Finance and Human Resources
Funding Source(s)General Fund
304. Strategy ES – 1.1.3. Climate Adaptation and Resiliency. Conduct a climate
vulnerability assessment and set preparedness goals and strategies to safeguard
human health and community assets susceptible to the impacts of a changing
climate (e.g. increased drought, wildfires, flooding). Incorporate these into all
relevant plans, including the Emergency Preparedness Plan, Local Hazard Mitiga-
tion Plan, Dam Failure Plan, Climate Action Plan, Watershet Protection Plan and
Energy Assuredness Plan.
Implements Which Policy(ies)ES – 1.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Commuity Development – Planning, and Build-
ing; and Community DevelopmentCity Manager
– Economic Development; Public Works – Devel-
opment Services, Transportation, Environmental
Programs, Service Center, and Capital Improve-
ment Program; City Manager; City Attorney;
Information Services; Administrative Services
– Finance and Human Resources
Funding Source(s)General Fund
305. Regional Growth and Transportation Coordination. Periodically review and
report on the effectiveness of the measures outlined in the CAP and the strategies
in this Element. Institutionalize sustainability by developing a methodology to
ensure all environmental, social and lifecycle costs are considered in project, pro-
gram, policy and budget decisions.
Implements Which Policy(ies)ES – 1.2
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
482
Page 88
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted306. Strategy ES – 1.2.1. Local Plan Consistency with Regional Plans. Update and
maintain local plans and strategies so they are consistent with One Bay Area Plan
to qualify for State transportation and project CEQA streamlining.
Implements Which Policy(ies)ES – 1.2
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
ENERGY SUSTAINABILITY
307. Conservation and Efficient Use of Energy Resources. Encourage the maximum
feasible conservation and efficient use of electrical power and natural gas resourc-
es for new and existing residences, businesses, industrial and public uses.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning; Public Works – Development Services,
Transportation and Environmental Programs
Funding Source(s)None Required
308. Strategy ES – 2.1.1. Coordination. Continue to evaluate, and revise as neces-
sary, applicable City plans, codes and procedures for inclusion of Federal, State
and regional requirements and conservation targets.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning; Public Works – Development Services,
Transportation and Environmental Programs
Funding Source(s)General Fund
309. Strategy ES – 2.1.2. Comprehensive Energy Management. Prepare and imple-
ment a comprehensive energy management plan for all applicable municipal facil-
ities and equipment to achieve the energy goals established in the City’s Climate
Action Plan. Track the City’s energy use and report findings as part of the CAP
reporting schedule. Embed this plan into the City’s Environmentally Preferable
Procurement Policy to ensure measures are achieved through all future procure-
ment and construction practices.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs, Ser-
vice Center and Capital Improvement Programs;
Recreation and Community Services – Business
& Community Services; Administrative Services
– Finance
Funding Source(s)General Fund
483
Page 89
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted310. Strategy ES – 2.1.3. Energy Efficient Replacements. Continue to use life cycle
cost analysis to identify City assets for replacement with more energy efficient
technology. Utilize available tools to benchmark and showcase city energy
efficiency achievements (i.e. EPA Portfolio Manager, statewide Green Business
Program).
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Public Works – Capital Improvement Program,
Environmental Programs and Service Center;
Recreation and Community Services – Business
& Community Services
Funding Source(s)General Fund
311. Strategy ES – 2.1.4. Incentive Program. Consider incentive programs for
projects that exceed mandatory requirements and promote incentives from state,
county and federal governments for improving energy efficiency and expanding
renewable energy installations.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning
Funding Source(s)General Fund
312. Strategy ES – 2.1.5. Urban Forest. Encourage the inclusion of additional shade
trees, vegetated stormwater treatment and landscaping to reduce the “heat island
effect” in development projects.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Capital Improvement Program; Recre-
ation and Community ServicesPublic Works –
Park Improvement
Funding Source(s)None Required
313. Strategy ES – 2.1.6. Alternate Energy Sources. Promote and increase the use of
alternate and renewable energy resources for the entire community through effec-
tive policies, programs and incentives.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
484
Page 90
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted314. Strategy ES – 2.1.7. Energy Co–generation Systems. Encourage the use of
energy co–generation systems through the provision of an awareness program
targeting the larger commercial and industrial users and public facilities.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning and Build-
ing
Funding Source(s)None Required
315. Strategy ES – 2.1.8. Energy Audits and Financing. Continue to offer and
leverage regional partners’ programs to conduct energy audits and/or subvention
programs for homes, commercial, industrial and city facilities, and recommend
improvements that lead to energy and cost savings opportunities for participants
and encourage adoption of alternative energy technologies. Encourage energy
audits to include emerging online and application–based energy analytics and di-
agnostic tools. Share residential and commercial energy efficiency and renewable
energy financing tools through outreach events and civic media assets.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
316. Strategy ES – 2.1.9. Energy Efficient Transportation Modes. Continue to
encourage fuel–efficient transportation modes such as alternative fuel vehicles,
driverless vehicles, public transit, car and van–pooling community and regional
shuttle systems, car and bike sharing programs, safe routes to schools, communt-
er benefits, and pedestrian and bicycle paths through infrastructure investment,
development incentives, and community education.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs; Public
Works – Transportation
Supporting Department(s)/
Partner(s)
Community Development – Planning; Adminis-
trative Services – Human Resources
Funding Source(s)General Fund
317. Strategy ES – 2.1.10. Community Choice Energy. Collaborate with regional
partners to evaluate feasibility for development of a Community Choice Energy
Program.
Implements Which Policy(ies)ES – 2.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)General Fund
485
Page 91
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedSUSTAINABLE BUILDINGS
318. Green Building Design. Set standards for the design and construction of energy
and resource conserving/efficient building.
Implements Which Policy(ies)ES – 3.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning; Public Works – Capital Improvement
Program
Funding Source(s)General Fund
319. Strategy ES –3.1.1. Green Building Program. Periodically review and revise
the City’s Green Building ordinance to ensure alignment with CALGreen require-
ments for all major private and public projects that ensure reduction in energy and
water use for new development through site selection and building design.
Implements Which Policy(ies)ES – 3.1
Responsible Department(s)Community Development – Building and Plan-
ning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
320. Strategy ES – 3.1.2. Staff Training. Continue to train appropriate City staff in the
design principles, costs and benefits of sustainable building and landscape design.
Encourage City staff to attend external trainings on these topics and attain relevant
program certifications (e.g. Green Point Rater, LEED Accredited Professional).
Implements Which Policy(ies)ES – 3.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning; Public Works – Development Services and
Capital Improvement Program
Funding Source(s)General Fund
321. Strategy ES – 3.1.3. Green Building Informational Seminars. Conduct and
participate in Green Building informational seminars and workshops for members
of the design and construction industry, land development, real estate sales, lend-
ing institutions, landscaping and design, the building maintenance industry and
prospective project applicants.
Implements Which Policy(ies)ES – 3.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Building and Plan-
ning; Public Works – Development Services and
Capital Improvement Program; Recreation and
Community Services – Business and Community
Services
Funding Source(s)General Fund
486
Page 92
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted322. Strategy ES – 3.1.4. Green Building Demonstration. Pursue municipal facility
retrofits through a Green Capital Improvement Program (CIP), and new construc-
tion projects that exceed CALGreen and achieve third–party certification criteria
(e.g. LEED, Living Building Challenge, Zero Net Energy) as a means of creating
demonstration spaces for developer and community enrichment.
Implements Which Policy(ies)ES – 3.1
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Public Works – Capital Improvement Program,
Service Center; Recreation and Community Ser-
vicesPublic Works – Park Improvement
Funding Source(s)Capital Improvement Fund
AIR QUALITY
323. New Development. Minimize the air quality impacts of new development proj-
ects and air quality impacts that affect new development.
Implements Which Policy(ies)ES – 4.1
Responsible Department(s)Community Development – Planning; Public
Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Community Development – Building; Public
Works – Development Services and Transporta-
tion
Funding Source(s)None Required
324. Strategy ES – 4.1.1. Toxic Air Contaminants. Continue to review projects for
potential generation of toxic air contaminants at the time of approval and confer
with BAAQMD on controls needed are uncertain.
Implements Which Policy(ies)ES – 4.1
Responsible Department(s)Community Development – Planning; Public
Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Development Services and Transporta-
tion
Funding Source(s)None Required
325. Strategy ES – 4.1.2. Dust Control. Continue to require water application to
non–polluting dust control measures during demolition and the duration of the
construction period.
Implements Which Policy(ies)ES – 4.1
Responsible Department(s)
Community Development – Building; Public
Works – Development Services and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability
Funding Source(s)None Required
487
Page 93
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted326. Strategy ES – 4.1.3. Planning. Ensure that land use and transportation plans
support air quality goals.
Implements Which Policy(ies)ES – 4.1
Responsible Department(s)Community Development – Planning; Public
Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
327. Existing Development. Minimize the air quality impacts of existing develop-
ment.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability;
Funding Source(s)None Required
328. Strategy ES – 4.2.1. Public Education Program. Establish a citywide public ed-
ucation program providing information on ways to reduce and control emissions;
and continue to provide information about alternative commutes, carpooling and
restricting exacerbating activities on “Spare the Air” high–emissions days.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Public Works –
Environmental Programs and Transportation
Funding Source(s)General Fund
329. Strategy ES – 4.2.2. Home Occupations. Review and consider expanding the
allowable home–based businesses in residential zoned properties to reduce the
need to commute to work.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
330. Strategy ES – 4.2.3. Tree Planting in Private Development. Review and
enhance the City’s tree planting and landscaping program and requirements for
private development to reduce air pollution levels.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)City Manager – Sustainability
Funding Source(s)General Fund
488
Page 94
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted331. Strategy ES – 4.2.4. Fuel–efficient Vehicles and Use. Prioritize the purchase,
replacement and on–going use of fuel–efficient and low polluting City fleet vehi-
cles. Update applicable policies and programs to require life cycle cost analyses
and include alternative fueling infrastructure review and related funding alloca-
tions. Update the Vehicle Use Policy and pursue fleet management best practices
to support fuel conservation, scheduled maintenance and fleet fuel tracking. Pur-
sue available grant funding to offset the cost of implementing these programs.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)Public Works – Service Center
Supporting Department(s)/
Partner(s)City Manager – Sustainability
Funding Source(s)General Fund
332. Strategy ES – 4.2.5. Point Sources of Emissions. Continue to seek the cooper-
ation of the BAAQMD to monitor emissions from identified point sources that
impact the community. In addition, for sources not within the regulatory juris-
diction of the City, seek cooperation from the applicable regulatory authority to
encourage reduction of emissions and dust from the point source.
Implements Which Policy(ies)ES – 4.2
Responsible Department(s)City Manager – Sustainability
Supporting Department(s)/
Partner(s)
City Manager; Community Development – Plan-
ning
Funding Source(s)None Required
333. Use of Open Fires and Fireplaces. Discourage high pollution fireplace use.
Implements Which Policy(ies)ES – 4.3
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Com-
munity Development – Planning
Funding Source(s)None Required
334. Strategy ES – 4.3.1. Education. Continue to make BAAQMD literature on re-
ducing pollution from fireplace use available.
Implements Which Policy(ies)ES – 4.3
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
335. Strategy ES – 4.3.2. Fireplaces. Continue to prohibit new wood–burning fire-
places, except EPA certified wood stoves as allowed by the Building Code.
Implements Which Policy(ies)ES – 4.3
Responsible Department(s)Community Development – Building
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
489
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Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedURBAN AND RURAL ECOSYSTEMS
336. Urban Ecosystem. Manage the public and private development to ensure the
protection and enhancement of its urban ecosystem.
Implements Which Policy(ies)ES – 5.1
Responsible Department(s)
Public Works – Capital Improvement Program;
Community Development – Planning; Recreation
and Community ServicesPublic Works – Park
Improvement
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs; City
Manager – Sustainability Programs
Funding Source(s)None Required
337. Strategy ES – 5.1.1. Landscaping. Ensure that the City’s tree planting, landscap-
ing and open space policies enhance the urban ecosystem by encouraging medi-
ans, pedestrian–crossing curb–extensions planting that is native, drought–tolerant,
treats stormwater and enhance urban plant, aquatic and animal resources in both,
private and public development.
Implements Which Policy(ies)ES – 5.1
Responsible Department(s)
Public Works – Capital Improvement Program,
Service Center and Development Services; Com-
munity Development – Planning; Recreation and
Community ServicesPublic Works – Park Im-
provement and Environmental Programs
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs; City
Manager – Sustainability Programs
Funding Source(s)General Fund
338. Strategy ES – 5.1.2. Built Environment. Ensure that sustainable landscaping
design is incorporated in the development of City facilities, parks and private
projects with the inclusion of measures such as tree protection, stormwater treat-
ment and planting of native, drought tolerant landscaping that is beneficial to the
environment.
Implements Which Policy(ies)ES – 5.1
Responsible Department(s)
Public Works – Capital Improvement Program,
Development Services and Service Center; Rec-
reation and Community ServicesPublic Works
– Park Improvement; Community Development
– Planning
SSupporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Environmental Programs
Funding Source(s)Capital Improvement Fund
490
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Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted339. Development Near Sensitive Areas. Encourage the clustering of new develop-
ment away from sensitive areas such as riparian corridors, wildlife habitat and
corridors, public open space preserves and ridgelines. New developments in these
areas must have a harmonious landscaping plan approved prior to development.
Implements Which Policy(ies)ES – 5.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Development Services and Environmen-
tal Programs
Funding Source(s)None Required
340. Strategy ES – 5.2.1. Riparian Corridor Protection. Require the protection of
riparian corridors through the development approval process.
Implements Which Policy(ies)ES – 5.2
Responsible Department(s) Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
City Manger – Sustainability Programs; Public
Works – Environmental Programs
Funding Source(s)None Required
341. Landscaping In and Near Natural Vegetation. Preserve and enhance existing
natural vegetation, landscaping features and open space when new development
is proposed within existing natural areas. When development is proposed near
natural vegetation, encourage the landscaping to be consistent with the palate of
vegetation found in the natural vegetation.
Implements Which Policy(ies)ES – 5.3
Responsible Department(s)
Community Development – Planning; Public
Works – Capital Improvement Program; Recre-
ation and Community ServicesPublic Works –
Park Improvement
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Environmental Programs
Funding Source(s)None Required/Capital Improvement Program
342. Strategy ES – 5.3.1. Native Plants. Continue to emphasize the planting of native,
drought tolerant, pest resistant, non–invasive, climate appropriate plants and
ground covers, particularly for erosion control and to prevent disturbance of the
natural terrain.
Implements Which Policy(ies)ES – 5.3
Responsible Department(s)Public Works – Environmental Programs; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
491
Page 97
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted343. Strategy ES – 5.3.2. Hillsides. Minimize lawn area in the hillsides.
Implements Which Policy(ies)ES – 5.3
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs; City
Manager – Sustainability Programs
Funding Source(s)None Required
344. Hillside Wildlife Migration. Confine fencing on hillside property to the area
around a building, rather than around an entire site, to allow for migration of wild
animals.
Implements Which Policy(ies)ES – 5.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Development Services and Environmen-
tal Services
Funding Source(s)None Required
345. Recreation and Natural Vegetation. Limit recreation in natural areas to activi-
ties compatible and appropriate with preserving natural vegetation, such as hiking,
horseback riding, mountain biking and camping.
Implements Which Policy(ies)ES – 5.5
Responsible Department(s)
Recreation and Community ServicesPublic
Works – Park Improvement, Business Services
and Sports, Safety & Outdoor Recreation & Youth
Development
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Environmental Programs
Funding Source(s)None Required
346. Recreation and Wildlife. Provide open space linkages within and between prop-
erties for both recreation and wildlife activities, most specifically for the benefit of
wildlife that is threatened, endangered or designated as species of special concern.
Implements Which Policy(ies)ES – 5.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Environ-
mental Programs; City Manager – Sustainability
Programs
Funding Source(s)None Required
347. Strategy ES – 5.6.1. Creek and Water Course Identification. Require identi-
fication of creeks, water courses and riparian areas on site plans and require that
they be protected from adjacent development.
Implements Which Policy(ies)ES – 5.6
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Environmental Programs
Funding Source(s)None Required
492
Page 98
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted348. Strategy ES – 5.6.2. Trail Easements. Consider requiring easements for trail
linkages if analysis determines that they are needed.
Implements Which Policy(ies)ES – 5.6
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)
Public Works – Transportation; Recreation and
Community ServicesPublic Works – Park Im-
provement
Funding Source(s)None Required
MINERAL RESOURCES
349. Mineral Resource Areas. Cooperatively work with Santa Clara County to ensure
that plans for restoration and mining operations at Lehigh Hanson and Stevens
Creek quarries consider environmental impacts and mitigations.
Implements Which Policy(ies)ES – 6.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Public
Works – Environemtnal Programs
Funding Source(s)None Required
350. Strategy ES – 6.1.1. Public Participation. Encourage Santa Clara County to
engage with the affected neighborhoods when considering changes to restoration
plans and mineral extraction activity.
Implements Which Policy(ies)ES – 6.1
Responsible Department(s)City Manager
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Com-
munity Development – Planning
Funding Source(s)None Required
351. Strategy ES – 6.1.2. Recreation in Depleted Mining Areas. Consider designat-
ing abandoned quarries for passive recreation to enhance plant and wildlife habitat
and rehabilitate the land.
Implements Which Policy(ies)ES – 6.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Environmental Programs; Rec-
reation and Community ServicesPublic Works –
Park Improvement; City Manager – Sustainability
Programs
Funding Source(s)None Required
493
Page 99
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedWATER
352. Natural Water Bodies and Drainage Systems. In public and private develop-
ment use Low Impact Development (LID) principles to manage stormwater by
mimicking natural hydrology, minimizing grading and protecting or restoring
natural drainage systems.
Implements Which Policy(ies)ES – 7.1
Responsible Department(s)
Public Works – Development Services, Capital
Improvement Program and Environmental Pro-
grams
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)General Fund
353. Strategy ES – 7.1.1. Public and Private Development Plans. Continue to require
topographical information; identification of creeks, streams and drainage areas; and
grading plans with development proposals to ensure protection and efficient use of
water resources.
Implements Which Policy(ies)ES – 7.1
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
354. Reduction of Impervious Surfaces. Minimize stormwater runoff and erosion
impacts resulting from development and use Low Impact Development (LID)
designs to treat stormwater or recharge groundwater.
Implements Which Policy(ies)ES – 7.2
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
355. Strategy ES – 7.2.1. Lot Coverage. Consider updating lot coverage requirements
to include paved surfaces such as driveways and on–grade pervious patios to
incentivize the construction of pervious surfaces.
Implements Which Policy(ies)ES – 7.2
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Environmen-
tal Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
494
Page 100
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted356. Strategy ES – 7.2.2. Pervious Walkways and Driveways. Encourage the use of
pervious materials for walkways and driveways. If used on public and quasi–pub-
lic property, mobility and access for the disabled should take precedence.
Implements Which Policy(ies)ES – 7.2
Responsible Department(s)
Community Development – Planning; Public
Works – Development Services and Environmen-
tal Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
357. Strategy ES – 7.2.3. Maximize Infiltration. Minimize impervious surface areas,
and maximize on–site filtration and the use of on–site retention facilities.
Implements Which Policy(ies)ES – 7.2
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
358. Pollution and Flow Impacts. Ensure that surface and groundwater quality im-
pacts are reduced through development review and voluntary efforts.
Implements Which Policy(ies)ES – 7.3
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
359. Strategy ES – 7.3.1. Development Review. Require LID designs such as vege-
tated stormwater treatment systems and green infrastructure to mitigate pollutant
loads and flows.
Implements Which Policy(ies)ES – 7.3
Responsible Department(s)
Public Works – Development Services, Capital
Improvement Program and Environmental Pro-
grams
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
360. Strategy ES – 7.3.2. Creek Clean Up. Encourage volunteer organizations to help
clean creek beds to reduce pollution and help return waterways to their natural
state.
Implements Which Policy(ies)ES – 7.3
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
495
Page 101
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted361. Watershed Based Planning. Review long–term plans and development projects
to ensure good stewardship of watersheds.
Implements Which Policy(ies)ES – 7.4
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
362. Strategy ES – 7.4.1. Storm Drainage Master Plan. Develop and maintain a
Storm Drainage Master Plan which identifies facilities needed to prevent “10–
year” event street flooding and “100–year” event structure flooding and integrate
green infrastructure to meet water quality protection needs in a cost effective
manner.
Implements Which Policy(ies)ES – 7.4
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
363. Strategy ES – 7.4.2. Watershed Management Plans. Work with other agencies
to develop broader Watershed Management Plans to model and control the City’s
hydrology.
Implements Which Policy(ies)ES – 7.4
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
364. Strategy ES – 7.4.3. Development. Review development plans to ensure that
projects are examined in the context of impacts on the entire watershed, in order
to comply with the City’s non–point source Municipal Regional Permit.
Implements Which Policy(ies)ES – 7.4
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
365. Groundwater Recharge Sites. Support the SCVWD efforts to find and develop
groundwater recharge sites within Cupertino and provide public recreation where
possible.
Implements Which Policy(ies)ES – 7.5
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
496
Page 102
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted366. Other Water Sources. Encourage the research of other water sources, including
water reclamation.
Implements Which Policy(ies)ES – 7.6
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
367. Industrial Water Recycling. Encourage industrial projects in cooperation with
the Cupertino Sanitary District, to have long–term conservation measures, includ-
ing recycling equipment for manufacturing and water supplies in the plant.
Implements Which Policy(ies)ES – 7.7
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
368. Natural Water Courses. Retain and restore creek beds, riparian corridors, water-
courses and associated vegetation in their natural state to protect wildlife habitat
and recreation potential and assist in groundwater percolation. Encourage land
acquisition or dedication of such areas.
Implements Which Policy(ies) ES – 7.8
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Facilities
and Community Events; City Manager – Sustain-
ability Programs
Funding Source(s)Capital Improvement Fund
369. Strategy ES – 7.8.1. Inter–Agency Coordination. Work with the SCVWD and
other relevant regional agencies to enhance riparian corridors and provide ade-
quate flood control by use of flow increase mitigation measures, such as hydromo-
fication controls as established by the Municipal Regional Permit.
Implements Which Policy(ies)ES – 7.8
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
370. Inter–Agency Coordination for Water Conservation. Continue to coordinate
citywide water conservation and regional water supply problem solving efforts
with the SCVWD, SJWC and CALWater.
Implements Which Policy(ies)ES – 7.9
Responsible Department(s)Public Works – Environmental Programs; City
Manager – Sustainability
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
497
Page 103
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted371. Strategy ES – 7.9.1. Water Conservation Measures. Implement water conserva-
tion measures and encourage the implementation of voluntary water conservation
measures from the City’s water retailers and SCVWD.
Implements Which Policy(ies)ES – 7.9
Responsible Department(s)
Public Works – Environmental Programs; City
Manager – Sustainability, Community Develop-
ment – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
372. Public Education Regarding Resource Conservation. Provide public informa-
tion regarding resource conservation.
Implements Which Policy(ies)ES – 7.10
Responsible Department(s)Public Works – Environmental Programs; City
Manager – Sustainability
Supporting Department(s)/
Partner(s)City Manager – Public Affairs
Funding Source(s)General Fund
373. Strategy ES – 7.10.1. Outreach. Continue to send educational information and
notices to households and businesses with water prohibitions, water allocations
and conservation tips. Continue to offer featured articles in the Cupertino Scene
and Cupertino Courier. Consider providing Public Service Announcements on the
City’s Channel and Cupertino Radio.
Implements Which Policy(ies)ES – 7.10
Responsible Department(s)Public Works – Environmental Programs; City
Manager – Sustainability
Supporting Department(s)/
Partner(s)City Manager – Public Affairs
Funding Source(s)General Fund
374. Strategy ES – 7.10.2. Demonstration Gardens. Consider including water–wise
demonstration gardens in some parks where feasible as they are re–landscaped or
improved using drought tolerant native and non–invasive, and non–native plants.
Implements Which Policy(ies)ES – 7.10
Responsible Department(s)Public Works – Capital Improvement Program
and Environmental Programs, Service Center
Supporting Department(s)/
Partner(s)City Manager – Sustainability
Funding Source(s)Capital Improvement Fund
498
Page 104
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted375. Water Conservation and Demand Reduction Measures. Promote efficient use
of water throughout the City in order to meet State and regional water use reduc-
tion targets.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)Public Works – Environmental Programs and Ser-
vice Center; City Manager – Sustainability
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
376. Strategy ES – 7.11.1. Urban Water Management Plan. Collaborate with water
retailers serving the City in the preparation of their Urban Water Management
Plan, including water conservation strategies and programs.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)Public Works – Environmental Programs, Service
Center
Supporting Department(s)/
Partner(s)City Manager – Sustainability
Funding Source(s)None Required
377. Strategy ES – 7.11.2. Water Conservation Standards. Comply with State water
conservation standards by either adopting the State standards or alternate stan-
dards that are equally efficient.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)Public Works – Environmental Programs and Ser-
vice Center; Community Development – Building
Supporting Department(s)/
Partner(s)City Manager – Sustainability
Funding Source(s)General Fund
378. Strategy ES – 7.11.3. Recycled Water System. Continue to work with water
retailers to promote and expand the availability of recycled water in the City for
public and private use.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None Required
499
Page 105
Table ES ENVIRONMENTAL RESOURCES AND SUSTAINABILITY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted379. Strategy ES – 7.11.4. Recycled Water in Projects. Encourage and promote the
use of recycled water in public and private buildings, open space and streetscape
planting.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)
Public Works – Development Services and
Capital Improvement Program; Recreation and
Community ServicesPublic Works – Park Im-
provement
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Com-
munity Development – Planning
Funding Source(s)None Required
380. Strategy ES – 7.11.5. On–site Recycled Water. Encourage on–site water recy-
cling including rainwater harvesting and gray water use.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)
Public Works – Development Services, Envi-
ronmental Services, and Capital Improvement
Program; Recreation and Community Services-
Public Works – Park Improvement; City Manager
– Sustainability Programs
Supporting Department(s)/
Partner(s)
Community Development – Planning and Build-
ing
Funding Source(s)None Required
381. Strategy ES – 7.11.6. Water Conservation Programs. Benchmark and contin-
ue to track the City’s public and private municipal water use to ensure ongoing
accountability and as a means of informing prioritization of future agency water
conservation projects.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)City Manager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Public Works – Service Center, Environmental
Programs
Funding Source(s)General Fund
382. Strategy ES – 7.11.7. Green Business Certification and Water Conservation.
Continue to support the City’s Green Business Certification goals of long–term
water conservation within City facilities, vegetated stormwater infiltration sys-
tems, parks and medians, including installation of low–flow toilets and showers,
parks, installation of automatic shut–off valves in lavatories and sinks and water
efficient outdoor irrigation.
Implements Which Policy(ies)ES – 7.11
Responsible Department(s)
Public Works – Environmental Services, Service
Center, Capital Improvement Program, City Man-
ager – Sustainability Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
500
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedREGIONAL COORDINATION
383. Regional Hazard Risk Reduction Planning. Coordinate with Santa Clara Coun-
ty and local agencies to implement the Multi–Juridictional Local Hazard Mitiga-
tion Plan (LHMP) for Santa Clara County.
Implements Which Policy(ies)HS – 1.1
Responsible Department(s)
Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Supporting Department(s)/
Partner(s)
Public Works – Development Services; City Man-
ager – Sustainability Programs
Funding Source(s)None Required
384. Strategy HS – 1.1.1. Monitoring and Budgeting. Monitor and evaluate the
success of the LHMP, including local strategies provided in Cupertino Annex
(Section 11). Working with Santa Clara County, ensure that strategies are priori-
tized and implemented through the CIP and provide adequate budget for on–going
programs and department operations.
Implements Which Policy(ies)HS – 1.1
Responsible Department(s)Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Supporting Department(s)/
Partner(s)
Public Works – Development Services and Capital
Improvement Program; City Manager – Sustain-
ability Programs
Funding Source(s)None Required
385. Strategy HS – 1.1.2. Mitigation Incorporation. Ensure that mitigation actions
identified in the LHMP are being incorporated into upcoming City sponsored proj-
ects, where appropriate.
Implements Which Policy(ies)HS – 1.1
Responsible Department(s)Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Supporting Department(s)/
Partner(s)
Public Works – Development Services and Capital
Improvement Program; City Manager – Sustain-
ability Programs
Funding Source(s)General Fund
501
Page 107
Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted386. Strategy HS – 1.1.3. Hazard Mitigation Plan Amendments and Updates. Sup-
port Santa Clara County in its role as the lead agency that prepares and updates
the LHMP.
Implements Which Policy(ies)HS – 1.1
Responsible Department(s)
Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Supporting Department(s)/
Partner(s)
Public Works – Development Services and Capital
Improvement Program; City Manager – Sustain-
ability Programs
Funding Source(s)General Fund
387. Sea Level Rise Protection. Ensure all areas in Cupertino are adequately protected
for the anticipated effects of sea level rise.
Implements Which Policy(ies)HS – 1.2
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program
Supporting Department(s)/
Partner(s)
Community Development – Planning; City Manag-
er – Sustainability Programs
Funding Source(s)General Fund
388. Strategy HS – 1.2.1. Monitor Rising Sea Level. Regularly coordinate with
regional, state, and federal agencies on rising sea levels in the San Francisco Bay
and major tributaries to determine if additional adaptation strategies should be
implemented to address flooding hazards. This includes monitoring FEMA flood
map updates to identify areas in the City susceptible to sea level rise, addressing
changes to state and regional sea and Bay level rise estimates, and coordinating
with adjacent municipalities on flood control improvements as appropriate.
Implements Which Policy(ies)HS – 1.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)None
389. Strategy HS – 1.2.2. Flood Insurance Rate Maps. Provide to the public, as
available, up–to–date Flood Insurance Rate Maps (FIRM) that identify rising sea
levels and changing flood conditions.
Implements Which Policy(ies)HS – 1.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
502
Page 108
Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedEMERGENCY PREPAREDNESS
390. Promote Emergency Preparedness. Distribute multi–hazard emergency pre-
paredness information for all threats identified in the emergency plan. Information
will be provided through Cardiopulmonary Resuscitation (CPR), First Aid and
Community Emergency Response Team (CERT) training, lectures and seminars
on emergency preparedness, publication of monthly safety articles in the Cuper-
tino Scene, posting of information on the Emergency Preparedness website and
coordination of video and printed information at the library.
Implements Which Policy(ies)HS – 2.1
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)Santa Clara County – Emergency Services
Funding Source(s)General Fund
391. Emergency Operations and Training. Ensure ongoing training of identified City
staff on their functions/ responsibilities in the EOC and in disaster preparedness,
first aid and CPR.
Implements Which Policy(ies)HS – 2.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
392. Strategy HS – 2.2.1. Emergency Operations Center (EOC). Review options
to provide functional and seismic upgrades to the EOC facility at City Hall or
explore alternative locations for the EOC.
Implements Which Policy(ies)HS – 2.2
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Funding Source(s)General Fund
393. Strategy HS – 2.2.2. Employee Training. Conduct regular exercises and partici-
pate in regional exercises to ensure that employees are adequately trained.
Implements Which Policy(ies)HS – 2.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
503
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted394. Volunteer Groups. Continue to encourage the ongoing use of volunteer groups
to augment emergency services, and clearly define responsibilities during a local
emergency.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
395. Strategy HS – 2.3.1. Cupertino Citizen Corps. Continue to support the Cu-
pertino Amateur Radio Emergency Services (CARES), Community Emergency
Response Team (CERT) and Medical Reserve Corp (MRC) programs to ensure
the development of neighborhood based emergency preparedness throughout the
City. Encourage ongoing cooperation with CERTs in other cities.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
396. Strategy HS – 2.3.2. Community Groups. Continue pre–disaster agreements
with appropriate community groups to provide specified post–disaster assistance,
through the Emergency Service Coordinator and with the advice of the City Attor-
ney.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
397. Strategy HS – 2.3.3. American Red Cross. Continue to implement the American
Red Cross agreements under the direction of the Director of Emergency Services
during a disaster.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
504
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted398. Strategy HS – 2.3.4. Shelter Provisions. Continue the agreement with designated
shelter sites to provide space for emergency supply containers.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
399. Strategy HS – 2.3.5. Amateur Radio Operators. Continue to support training
and cooperation between the City and Cupertino Amateur Radio Emergency Ser-
vice (CARES) to prepare for emergency communications needs.
Implements Which Policy(ies)HS – 2.3
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
400. Emergency Public Information. Maintain an Emergency Public Information
program to be used during emergency situations.
Implements Which Policy(ies)HS – 2.4
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communications
Funding Source(s)General Fund
401. Strategy HS – 2.4.1. Communication Methods. Use the local TV channel,
Cupertino Alert System (CAS), the Internet and other communication methods to
transmit information to the citizenry.
Implements Which Policy(ies)HS – 2.4
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communications
Funding Source(s)General Fund
402. Strategy HS – 2.4.2. Public Information Office. Activate the Public Information
in coordination with the Sheriff and the Fire Department to provide accurate infor-
mation to the public as needed.
Implements Which Policy(ies)HS – 2.4
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communications
Funding Source(s)General Fund
505
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted403. Disaster Medical Response. Continue to coordinate with the appropriate County
agencies and local emergency clinics to ensure preparedness and provide disas-
ter medical response. Coordinate with the CERT member throughout the City to
ensure that they are prepared to provide emergency support and first aid at the
neighborhood level.
Implements Which Policy(ies)HS – 2.5
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
404. Strategy HS – 2.5.1. Memorandum of Understanding (MOU). Develop a
MOU with local emergency clinics. The County’s role and involvement in emer-
gencies should be considered in development of the MOU.
Implements Which Policy(ies)HS – 2.5
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
405. Military Facilities and Readiness. Consider the impact of development on
neighboring military facilities and maintain military airspace to ensure military
readiness.
Implements Which Policy(ies)HS – 2.6
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
FIRE SAFETY
406. Regional Coordination. Coordinate wildland fire prevention efforts with adjacent
jurisdictions. Encourage the County and the Midpeninsula Open Space District to
implement measures to reduce fire hazards, including putting into effect the fire
reduction policies of the County Public Safety Element, continuing efforts in fuel
management, and considering the use of “green” fire break uses for open space
lands.
Implements Which Policy(ies)HS – 3.1
Responsible Department(s)Santa Clara County Fire
Supporting Department(s)/
Partner(s)City Manager
Funding Source(s)General Fund
506
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted407. Early Project Review. Involve the Fire Department in the early design stage of
all projects requiring public review to assure Fire Department input and modifica-
tion as needed.
Implements Which Policy(ies)HS – 3.2
Responsible Department(s)Community Development – Building and Planning;
Santa Clara County Fire
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
408. Emergency Access. Ensure adequate emergency access is provided for all new
hillside development.
Implements Which Policy(ies)HS – 3.3
Responsible Department(s)Santa Clara County Fire; Community Development
– Building
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Development Services
Funding Source(s)None Required
409. Strategy HS – 3.3.1. Roadway Design. Create an all–weather emergency road
system to serve rural areas.
Implements Which Policy(ies)HS – 3.3
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program; Santa Clara County Fire
Supporting Department(s)/
Partner(s)Community Development – Planning;
Funding Source(s)General Fund
410. Strategy HS – 3.3.2. Dead–End Street Access. Allow public use of private road-
ways during an emergency for hillside subdivisions that have dead–end public
streets longer than 1,000 feet or find a secondary means of access.
Implements Which Policy(ies)HS – 3.3
Responsible Department(s)Santa Clara County Fire; Public Works – Develop-
ment Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
411. Strategy HS – 3.3.3. Hillside Access Routes. Require new hillside development
to have frequent grade breaks in access routes to ensure a timely response from
fire personnel.
Implements Which Policy(ies)HS – 3.3
Responsible Department(s)Santa Clara County Fire; Public Works – Develop-
ment Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
507
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted412. Strategy HS – 3.3.4. Hillside Road Upgrades. Require new hillside develop-
ment to upgrade existing access roads to meet Fire Code and City standards.
Implements Which Policy(ies)HS – 3.3
Responsible Department(s)Santa Clara County Fire; Public Works – Develop-
ment Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
413. Private Residential Electronic Security Gates. Discourage the use of private
residential electronic security gates that act as a barrier to emergency personnel.
Implements Which Policy(ies)HS – 3.4
Reponsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
414. Strategy HS – 3.4.1. Location. Require a fence exception for electronic security
gates in certain areas.
Implements Which Policy(ies)HS – 3.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
415. Strategy HS – 3.4.2. Access to Gates. Where electronic security gates are al-
lowed, require the installation of an approved key switch to be accessed by the
Fire District.
Implements Which Policy(ies)HS – 3.4
Responsible Department(s)Community Development – Building; Santa Clara
County Fire
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)None Required
416. Commercial and Industrial Fire Protection Guidelines. Coordinate with the
Fire Department to develop new guidelines for fire protection for commercial and
industrial land uses.
Implements Which Policy(ies)HS – 3.5
Responsible Department(s)Community Development – Building
Supporting Department(s)/
Partner(s)Santa Clara County Fire
Funding Source(s)General Fund
508
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted417. Fire Prevention and Emergency Preparedness. Promote fire prevention and
emergency preparedness through city–initiated public education programs, the
government television channel, the Internet, and the Cupertino Scene.
Implements Which Policy(ies)HS – 3.6
Responsible Department(s)Recreation and Community Services – Recreation
& EducationCity Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communications
Funding Source(s)General Fund
418. Multi–Story Buildings. Ensure that adequate fire protection is built into the
design of multi–story buildings and require on–site fire suppression materials and
equipment.
Implements Which Policy(ies)HS – 3.7
Responsible Department(s)Santa Clara County Fire; Community Development
– Building
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
419. Extension of Water Service. Encourage the water companies to extend water ser-
vice into the hillside and canyon areas and encourage cooperation between water
utility companies and the Fire Department in order to keep water systems in pace
with growth and firefighting service needs.
Implements Which Policy(ies)HS – 3.8
Responsible Department(s)Santa Clara County Fire Department; Public Works
– Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
PUBLIC SAFETY
420. Neighborhood Awareness Programs. Continue to support the Neighborhood
Watch Program and other similar programs intended to help neighborhoods pre-
vent crime through social interaction.
Implements Which Policy(ies)HS – 4.1
Responsible Department(s)Recreation and Community Services – Business &
Community Services City Manager – Public Affairs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
509
Page 115
Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted421. Crime Prevention Through Building and Site Design. Consider appropriate
design techniques to reduce crime and vandalism when designing public spaces
and reviewing development proposals.
Implements Which Policy(ies)HS – 4.2
Responsible Department(s)
Public Works – Capital Improvement Program;
Recreation and Community ServicesPublic Works
– Park Improvement; Community Development –
Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
422. Strategy HS – 4.2.1. Perimeter Roads for Parks. Encircle neighborhood parks
with a public road to provide visual accessibility whenever possible.
Implements Which Policy(ies)HS – 4.2
Responsible Department(s)
Public Works – Capital Improvement Program;
Recreation and Community ServicesPublic Works
– Park Improvement
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
423. Strategy HS – 4.2.2. Development Review. Continue to request County Sheriff
review and comment on development applications for security and public safety
measures.
Implements Which Policy(ies)HS – 4.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)None Required
424. Fiscal Impacts. Recognize fiscal impacts to the County Sheriff and City of Cu-
pertino when approving various land use mixes.
Implements Which Policy(ies)HS – 4.3
Responsible Department(s)
Community Development – Planning; and Com-
munity DevelopmentCity Manager – Economic
Development
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
510
Page 116
Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedGEOLOGIC AND SEISMIC HAZARDS
425. Seismic and Geologic Review Process. Evaluate new development proposals
within mapped potential hazard zones using a formal seismic/geologic review pro-
cess. Use Table HS – 3 of this Element to determine the level of review required.
Implements Which Policy(ies)HS – 5.1
Responsible Department(s)Community Development – Building and Planning;
Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
426. Strategy HS – 5.1.1. Geotechnical and Structural Analysis. Require any site
with a slope exceeding 10% to reference the Landslide Hazard Potential Zone
maps of the State of California for all required geotechnical and structural analy-
sis.
Implements Which Policy(ies)HS – 5.1
Responsible Department(s)Community Development – Building and Planning;
Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
427. Strategy HS – 5.1.2. Residential Upgrades. Require that any residential facility,
that is being increased more than 50% assessed value or physical size, conform to
all provisions of the current building code throughout the entire structure. Owners
of residential buildings with known structural defects, such as un–reinforced ga-
rage openings, “soft first story” construction, unbolted foundations, or inadequate
sheer walls are encouraged to take steps to remedy the problem and bring their
buildings up to the current building code.
Implements Which Policy(ies)HS – 5.1
Responsible Department(s)Community Development – Building and Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
428. Strategy HS – 5.1.3. Geologic Review. Continue to implement and update geo-
logic review procedures for Geologic Reports required by the Municipal Code
through the development review process.
Implements Which Policy(ies)HS – 5.1
Responsible Department(s)Community Development – Building and Planning;
Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
511
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted429. Public Education on Seismic Safety. Reinforce the existing public education
programs to help residents minimize hazards resulting from earthquakes.
Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Recreation and Community Services – Recreation
& EducationCity Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communications
Funding Source(s)General Fund
430. Strategy HS – 5.2.1. Covenant on Seismic Risk. Require developers to record
a covenant to tell future residents in high–risk areas about the risk and inform
them that more information is in City Hall records. This is in addition to the State
requirement that information on the geological report is recorded on the face of
subdivision maps.
Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Public Works – Development ServicesCommunity
Development – Planning
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)None Required
431. Strategy HS – 5.2.2. Emergency Preparedness. Publish and promote emergency
preparedness activities and drills. Use the City social media, and the website to
provide safety tips that may include identifying and correcting household hazards,
knowing how and when to turn off utilities, helping family members protect them-
selves during and after an earthquake, recommending neighborhood preparation
activities, and advising residents to maintain an emergency supply kit containing
first–aid supplies, food, drinking water and battery operated radios and flashlights.Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
City Manager – Public Affairs; Information Ser-
vices – Communication
Funding Source(s)General Fund
432. Strategy HS – 5.2.3. Neighborhood Response Groups. Encourage participa-
tion in CERT training. Train neighborhood groups to care for themselves during
disasters. Actively assist in neighborhood drills and safety exercises to increase
participation and build community support.
Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
512
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted433. Strategy HS – 5.2.4. Dependent Populations. As part of community–wide
efforts, actively cooperate with State agencies that oversee facilities for persons
with disabilities and those with access and functional needs, to ensure that such
facilities conform to all health and safety requirements, including emergency
planning, training, exercises and employee education.
Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
434. Strategy HS – 5.2.5. Foreign Language Emergency Information. Obtain trans-
lated emergency preparedness materials and make them available to appropriate
foreign language populations.
Implements Which Policy(ies)HS – 5.2
Responsible Department(s)Recreation and Community Services – Recreation
& Education City Manager – Emergency Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
HAZARDOUS MATERIALS
435. Hazardous Materials Storage and Disposal. Require the proper storage and
disposal of hazardous materials to prevent leakage, potential explosions, fire or
the release of harmful fumes. Maintain information channels to the residential
and business communities about the illegality and danger of dumping hazardous
material and waste in the storm drain system or in creeks.
Implements Which Policy(ies)HS – 6.1
Responsible Department(s)Public Works – Environmental Programs; Santa
Clara County Fire
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
436. Proximity of Residents to Hazardous Materials. Assess future residents’
exposure to hazardous materials when new residential development or sensitive
populations are proposed in existing industrial and manufacturing areas. Do not
allow residential development or sensitive populations if such hazardous condi-
tions cannot be mitigated to an acceptable level of risk.
Implements Which Policy(ies)HS – 6.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
513
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted437. Electromagnetic Fields (EMF). Ensure that projects meet Federal and State stan-
dards for EMF emissions through development review.
Implements Which Policy(ies)HS – 6.3
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
438. Educational Programs. Continue to encourage residents and businesses to use
non– and less– hazardous products, especially less toxic pest control products, to
slow the generation of new hazardous waste requiring disposal through the coun-
ty–wide program.
Implements Which Policy(ies)HS – 6.4
Responsible Department(s)Public Works – Environmental Programs and Ser-
vice Center
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
439. Hazardous Waste Disposals. Continue to support and facilitate, for residences
and businesses, a convenient opportunity to properly dispose of hazardous waste.
Implements Which Policy(ies)HS – 6.5
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
440. Strategy HS – 6.5.1. Partner on Hazardous Waste Collection and Disposal.
Continue to explore efficient, economical and convenient ways to offer House-
hold Hazardous Waste collection for residents in partnership with the Solid Waste
contractor or the County.
Implements Which Policy(ies)HS – 6.5
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
441. Strategy HS – 6.5.2. Educational Materials. Publish educational materials about
the program in the Cupertino Scene, City website, and brochures that are distrib-
uted throughout the community.
Implements Which Policy(ies)HS – 6.5
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs and Public
Affairs
Funding Source(s)General Fund
514
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedFLOODING
442. Evacuation Map. Prepare and update periodically an evacuation map for the
flood hazard areas and distribute it to the general public.
Implements Which Policy(ies)HS – 7.1
Responsible Department(s)Public Works – Development Services and Service
Center
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Funding Source(s)General Fund
443. Emergency Response to Dam Failure. Ensure that Cupertino is prepared to
respond to a potential dam failure.
Implements Which Policy(ies)HS – 7.2
Responsible Department(s)
Recreation and Community Services – Sports,
Safety & Outdoor Recreation City Manager –
Emergency Services; Public Works
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Recreation
and Community Services – Business Services
Funding Source(s)General Fund
444. Strategy HS – 7.2.1. Emergency and Evacuation Plan. Maintain and update a
Stevens Creek Dam Failure Plan, including alert, warning and notification sys-
tems and appropriate signage.
Implements Which Policy(ies)HS – 7.2
Responsible Department(s)
City Manager – Emergency Services Recreation
and Community Services – Sports, Safety & Out-
door Recreation
Supporting Department(s)/
Partner(s)
Public Works – Development Services, Recreation
and Community Services – Business Services
Funding Source(s)General Fund
445. Strategy HS – 7.2.2. Inter–agency Cooperation. Continue to coordinate dam–
related evacuation plans and alert/notification systems with the City of Sunnyvale,
the SCVWD and Santa Clara County to ensure that traffic management between
the agencies facilities life safety. Also work with other neighboring cities to en-
hance communication and coordination during a dam–related emergency.
Implements Which Policy(ies)HS – 7.2
Responsible Department(s)
Recreation and Community Services – Sports,
Safety & Outdoor RecreationCity Manager –
Emergency Services
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
515
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted446. Existing Non–Residential Uses in the Flood Plain. Allow commercial and
recreational uses that are now exclusively within the flood plan to remain in their
present use or to be used for agriculture, provided it does not conflict with Feder-
al, State and regional requirements.
Implements Which Policy(ies)HS – 7.3
Responsible Department(s)Public Works – Development Services; Community
Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
447. Construction in Flood Plains. Continue to implement land use, zoning and
building code regulations limiting new construction in the already urbanized flood
hazard areas recognized by the Federal Flood Insurance Administrator.
Implements Which Policy(ies)HS – 7.4
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Community
Development – Building
Funding Source(s)General Fund
448. Strategy HS – 7.4.1. Dwellings in Flood Plains. Discourage new residential
development in regulated flood plains. Regulate all types of redevelopment in
natural flood plains. This includes discouraging fill materials and obstructions that
may increase flood potential or modify the natural riparian corridors.
Implements Which Policy(ies)HS – 7.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Plannning
Funding Source(s)None Required
449. Strategy HS – 7.4.2. Description of Flood Zone Regulation. Continue to main-
tain and update a map of potential flood hazard areas and a description of flood
zone regulations on the City’s website.
Implements Which Policy(ies)HS – 7.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
General Fund
450. Strategy HS – 7.4.3. National Flood Insurance Program Community Rating
System. Continue to participate in the National Flood Insurance Program (NFIP)
Community Rating System (CRS).
Implements Which Policy(ies)HS – 7.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
516
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted451. Hillside Grading. Restrict the extent and timing of hillside grading operations
to April through October except as otherwise allowed by the City. Require per-
formance bonds during the remaining time to guarantee the repair of any erosion
damage. Require planting of graded slopes as soon as practical after grading is
complete.
Implements Which Policy(ies)HS – 7.5
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Building and Planning
Funding Source(s)None Required
452. Stability of Existing Water Storage Facilities. Assure the structural integrity of
water storage facilities.
Implements Which Policy(ies)HS – 7.6
Responsible Department(s)Public Works – Development ServicesCapital Im-
provement Program
Supporting Department(s)/
Partner(s)Community Development – Building
Funding Source(s)General Fund
453. Strategy HS – 7.6.1. Coordination with other Agencies. Work closely with the
San Jose Water Company and owners of other water storage facilities to develop
and implement a program to monitor the stability of all existing water storage
facilities and related improvements, such as: distribution lines, connections and
other system components.
Implements Which Policy(ies)HS – 7.6
Responsible Department(s)Public Works – Development ServicesCapital Im-
provement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
NOISE
454. Land Use Decision Evaluation. Use the Land Use Compatibility for Communi-
ty Noise Environments chart, the Future Noise Contour Map (see Figure D–1 in
Appendix D) and the City Municipal Code to evaluate land use decisions.
Implements Which Policy(ies)HS – 8.1
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
517
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted455. Building and Site Design. Minimize noise impacts through appropriate building
and site design.
Implements Which Policy(ies)HS – 8.2
Responsible Department(s)Community Development – Planning and Building
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
456. Strategy HS – 8.2.1. Commercial Delivery Areas. Locate delivery areas for new
commercial and industrial developments away from existing or planned homes.
Implements Which Policy(ies)HS – 8.2
Responsible Department(s)Community Development – Planning and Building
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
457. Strategy HS – 8.2.2. Noise Control Techniques. Require analysis and implemen-
tation of techniques to control the effects of noise from industrial equipment and
processes for projects new low–intensity residential uses.
Implements Which Policy(ies)HS – 8.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
458. Strategy HS – 8.2.3. Sound Wall Requirements. Exercise discretion in requiring
sound walls to be sure that all other measures of noise control have been explored
and that the sound wall blends with the neighborhood. Sound walls should be
designed and landscaped to fit into the environment.
Implements Which Policy(ies)HS – 8.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
459. Construction and Maintenance Activities. Regulate construction and mainte-
nance activities. Establish and enforce reasonable allowable periods of the day,
during weekdays, weekends and holidays for construction activities. Require
construction contractors to use the best available technology to minimize exces-
sive noise and vibration from construction equipment such as pile drivers, jack
hammers, and vibratory rollers.Implements Which Policy(ies)HS – 8.3
Responsible Department(s)Community Development – Planning and Building
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
518
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted460. Freeway Design and Neighborhood Noise. Ensure that roads and development
along Highway 85 and Interstate 280 are designed and improved in a way that
minimizes neighborhood noise.
Implements Which Policy(ies)HS – 8.4
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)Capital Improvement Fund; General Fund
461. Neighborhoods. Review residents’ needs for convenience and safety and prior-
itize them over the convenient movement of commute or through traffic where
practical.
Implements Which Policy(ies)HS – 8.5
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program
Funding Source(s)Capital Improvement Fund
462. Traffic Calming Solutions to Traffic Noise. Evaluate solutions to discourage
through traffic in neighborhoods through enhanced paving and modified street
design.
Implements Which Policy(ies)HS – 8.6
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program
Funding Source(s)Capital Improvement Fund
463. Strategy HS – 8.6.1. Local Improvement. Modify street design to minimize
noise impact to neighbors.
Implements Which Policy(ies)HS – 8.6
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program
Funding Source(s)Capital Improvement Fund
464. Reduction of Noise from Trucking Operations. Work to carry out noise miti-
gation measures to diminish noise along Foothill and Stevens Creek Boulevards
from the quarry and cement plant trucking operations. These measures include
regulation of truck speed, the volume of truck activity, and trucking activity hours
to avoid late evening and early morning. Alternatives to truck transport, specifical-
ly rail, are strongly encouraged when feasible.Implements Which Policy(ies)HS – 8.7
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Santa Clara County Sheriff
Funding Source(s)General Fund
519
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Table HS HEALTH AND SAFETY
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted465. Strategy HS – 8.7.1. Restrictions in the County’s Use Permit. Coordinate
with the County to restrict the noise of trucks, their speed and noise levels along
Foothill and Stevens Creek Boulevards, to the extent allowed in the Use Permit.
Ensure that restrictions are monitored and enforced by the County.
Implements Which Policy(ies)HS – 8.7
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Santa Clara County Sheriff
Funding Source(s)General Fund
466. Strategy HS – 8.7.2. Road Improvements to Reduce Truck Impacts. Consider
road improvements such as medians, landscaping, noise attenuating asphalt, and
other methods to reduce quarry truck impacts.
Implements Which Policy(ies)HS – 8.7
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program
Funding Source(s)General Fund
520
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedCITYWIDE INFRASTRUCTURE
467. Infrastructure Planning. Upgrade and enhance the City’s infrastructure through
the City’s Capital Improvement Program (CIP) and requirements for development.
Implements Which Policy(ies)INF – 1.1
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Public Works – Development Services
Funding Source(s)General Fund
468. Strategy INF – 1.1.1. Capital Improvement Program. Ensure that CIP projects
reflect the goals and policies identified in Community Vision 2040.
Implements Which Policy(ies)INF – 1.1
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
City Manager; Community Development – Plan-
ning
Funding Source(s)General Fund
469. Strategy INF – 1.1.2. Design Capacity. Ensure that public infrastructure is de-
signed to meet planned needs and to avoid the need for future upsizing. Maintain
a balance between meeting future growth needs and over–sizing of infrastructure
to avoid fiscal impacts or impacts to other goals.
Implements Which Policy(ies)INF – 1.1
Responsible Department(s)Public Works – Capital Improvement Program,
Development Services and Transportation
Supporting Department(s)/
Partner(s)
Cupertino Sanitary District, Santa Clara County
Fire Department
Funding Source(s)General Fund, Grants
470. Strategy INF – 1.1.3. Coordination. Require coordination of construction activ-
ity between various providers, particularly in City facilities and rights–of–way,
to ensure that the community is not unnecessarily inconvenienced. Require that
providers maintain adequate space for all utilities when planning and constructing
their infrastructure.
Implements Which Policy(ies)INF – 1.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Grants
521
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted471. Maintenance. Ensure that existing facilities are maintained to meet the commui-
ty’s needs.
Implements Which Policy(ies)INF – 1.2
Responsible Department(s)Public Works – Service Center
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund, Grants
472. Coordination. Coordinate with utility and service providers to ensure that their
planning and operations meet the City’s service standards and future growth.
Implements Which Policy(ies)INF – 1.3
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
473. Funding. Explore various strategies and opportunities to fund existing and future
infrastructure needs.
Implements Which Policy(ies)INF – 1.4
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
474. Strategy INF – 1.4.1. Existing Infrastructure. Require developers to expand
or upgrade existing infrastructure to increase capacity, or pay their fair share, as
appropriate.
Implements Which Policy(ies)INF – 1.4
Responsible Department(s)Public Works – Transportation and Development
Services
Supporting Department(s)/
Partner(s)
Community Development – Planning
Funding Source(s)None Required
475. Strategy INF – 1.4.2. Future Infrastructure Needs. For new infrastructure, re-
quire new development to pay its fair share of, or to extend or construct, improve-
ments to accommodate growth without impacting service levels.
Implements Which Policy(ies)INF – 1.4
Responsible Department(s)Public Works – Development Services, Transpor-
tation and Capital Improvement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)None Required
522
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted476. Strategy INF – 1.4.3. Economic Development. Prioritize funding of infrastruc-
ture to stimulate economic development and job creation in order to increase
opportunities for municipal revenue.
Implements Which Policy(ies)INF – 1.4
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Capital Improvement Fund
RIGHTS–OF–WAY
477. Maintenance. Maintain the City’s rights–of–way and traffic operations systems.
Implements Which Policy(ies)INF – 2.1
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Grants
478. Multi–modal Systems. Ensure that City rights–of–way are planned for a variety
of transportation alternatives including pedestrian, bicycle, automobile, as well as
new technologies such as driverless cars, etc.
Implements Which Policy(ies)INF – 2.2
Responsible Department(s)Public Works – Transportation, Service Center and
Capital Improvement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Grants
479. Green Streets. Explore the development of a “green streets” program to minimize
stormwater runoff in City rights–of–way.
Implements Which Policy(ies)INF – 2.3
Responsible Department(s)Public Works – Transportation, Environmental
Programs and Capital Improvement Program
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs
Funding Source(s)General Fund; Grants
480. Undergrounding Utilities. Explore undergrounding of utilities through providers,
public projects, private development and agency funding programs and grants.
Implements Which Policy(ies)INF – 2.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Grants
523
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted481. Strategy INF – 2.4.1. Public and Provider Generated Projects. Require under-
grounding of all new infrastructure projects constructed by public agencies and
providers. Work with providers to underground existing overhead lines.
Implements Which Policy(ies)INF – 2.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Grants
482. Strategy INF – 2.4.2. Development. Require undergrounding of all utility lines
in new developments and highly encourage undergrounding in remodels or rede-
velopment of major projects.
Implements Which Policy(ies)INF – 2.4
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund; Grants
483. Recycled Water Infrastructure. Plan for citywide access to recycled water and
encourage its use.
Implements Which Policy(ies)INF – 2.5
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
City Manager – Sustainability, Community Devel-
opment – Planning
Funding Source(s)General Fund
484. Strategy INF – 2.5.1. Availability. Expand the availability of a recycled water
system through public infrastructure projects and development review.
Implements Which Policy(ies)INF – 2.5
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program,
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Environmental Programs
Funding Source(s)Capital Improvement Fund
485. Strategy INF – 2.5.2. Use. Encourage private and public projects to incorporate
the use of recycled water for landscaping and other uses.
Implements Which Policy(ies)INF – 2.5
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program
Supporting Department(s)/
Partner(s)
Community Development – Planning; Public
Works – Environmental Programs
Funding Source(s)
524
Page 130
Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted486. Strategy INF – 2.5.3. City Facilities. Design and retrofit City buildings, facilities
and landscaping to use recycled water, to the extent feasible.
Implements Which Policy(ies)INF – 2.5
Responsible Department(s)Public Works – Capital Improvement Program and
Service Center
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
WATER
487. Coordination with Providers. Coordinate with water providers and agencies in
their planning and infrastructure process to ensure that the City continues to have
adequate supply for current needs and future growth.
Implements Which Policy(ies)INF – 3.1
Responsible Department(s)Public Works – Environmental Programs and De-
velopment Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
488. Strategy INF – 3.1.1. Maintenance. Coordinate with providers to ensure that
water and recycled water delivery systems are maintained in good condition.
Implements Which Policy(ies)INF – 3.1
Responsible Department(s)Public Works – Environmental Programs and De-
velopment Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
489. Regional Coordination. Coordinate with State and regional agencies to ensure
that policies and programs related to water provision and conservation meet City
goals. Note: additional water conservation policies are discussed in detail in the
Environmental Resources and Sustainability Element.
Implements Which Policy(ies) INF – 3.2
Responsible Department(s)Public Works – Environmental Programs; City
Manager – Sustainability
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
525
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedSTORMWATER
490. Planning and Management. Create plans and operational policies to develop and
maintain an effective and efficient stormwater system.
Implements Which Policy(ies)INF – 4.1
Responsible Department(s)Public Works – Sevice Center and Environmental
Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
491. Strategy INF – 4.1.1. Management. Reduce the demand on storm drain capacity
through implementation of programs that meet and even exceed on–site drainage
requirements.
Implements Which Policy(ies)INF – 4.1
Responsible Department(s)Public Works – Development Services and Envi-
ronmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
492. Strategy INF – 4.1.2. Infrastructure. Develop a Capital Improvement Program
(CIP) for the City’s storm drain infrastructure that meets the current and future
needs of the community.
Implements Which Policy(ies)INF – 4.1
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
493. Strategy INF – 4.1.3. Maintenance. Ensure that City’s storm drain infrastructure
is appropriately maintained to reduce flood hazards through implementation of
best practices.
Implements Which Policy(ies)INF – 4.1
Responsible Department(s)Public Works – Service Center
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
494. Funding. Develop permanent sources of funding stormwater infrastructure con-
struction and maintenance.
Implements Which Policy(ies)INF – 4.2
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
526
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted495. Strategy INF – 4.2.1. Ongoing Operations. Review other funding strategies to
pay for the ongoing operations and maintenance of the storm drain system per
State and regional requirements. Note: additional policies that meet State and
regional runoff reduction are described in the Environmental Resources and Sus-
tainability Element.
Implements Which Policy(ies)INF – 4.2
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
Funding Source(s)Capital Improvement Fund
WASTEWATER
496. Infrastructure. Ensure that the infrastructure plans for Cupertino’s waste water
system providers continue to meet the City’s current and future needs.
Implements Which Policy(ies)INF – 5.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
497. Strategy INF – 5.1.1. Coordination. Coordination with the Cupertino Sanitary
District on their Master Plan and the Sunnyvale Treatment Plant to develop a
comprehensive capital improvement program to ensure adequate capacity for
future development anticipated with General Plan buildout.
Implements Which Policy(ies)INF – 5.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
498. Strategy INF – 5.1.2. Development. Require developers to pay their fair share of
costs for, or in some cases construct, infrastructure upgrades to ensure that service
levels are met.
Implements Which Policy(ies)INF – 5.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Community Development – Planning
Funding Source(s)
499. Demand. Look for ways to reduce demand on the City’s wastewater system
through implementation of water conservation measures.
Implements Which Policy(ies)INF – 5.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
City Manager – Sustainability; Community Devel-
opment – Building
Funding Source(s)General Fund
527
Page 133
Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedTELECOMMUNICATIONS
500. Telecommunications Master Plan. Maintain and update a Telecommunications
Master Plan with regulations and guidelines for wireless and emerging technolo-
gies.
Implements Which Policy(ies)INF – 6.1
Responsible Department(s)Information ServicesPublic Works – Development
Services; Community Development – Planning;
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Communi-
ty Development – Planning;
Funding Source(s)General Fund
501. Coordination. Coordinate with providers to improve access and delivery of ser-
vices to businesses and homes.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Information Services; Public Works – Develop-
ment Services; Community Development – Plan-
ning
Supporting Department(s)/
Partner(s)
Funding Source General Fund
502. Strategy INF – 6.2.1. Facility Upgrades. When possible, require service provid-
ers to upgrade existing facilities as part of permit or lease renewals. Encourage
use of newer technologies that allow the facility components to be reduced in size
or improve screening or camouflaging.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Public Works – Development Services; Communi-
ty Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
503. Strategy INF – 6.2.2. Improved Access. Work with providers to expand service
to areas that are not served by telecommunications technologies.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Information Services – Communications; Public
Works – Development Services;
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
528
Page 134
Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted504. Strategy INF – 6.2.3. City Facilities. Encourage leasing of City sites to expand
access to telecommunications services. Develop standards for the incorporation of
telecommunications systems and public use.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Information Services; Public Works – Develop-
ment Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
505. Strategy INF – 6.2.4. Agency and Private Facilities. Encourage the installation
of communications infrastructure in facilities owned by other public agencies and
private development.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Information Services
Funding Source(s)General Fund
506. Strategy INF – 6.2.5. Communications Infrastructure. Support the extension
and access to telecommunications infrastructure such as fiber optic cables.
Implements Which Policy(ies)INF – 6.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)
Information Services
Funding Source(s)General Fund
507. Emerging Technologies. Encourage new and innovative technologies and partner
with providers to provide the community with accesss to these services.
Implements Which Policy(ies)INF – 6.3
Responsible Department(s)Information Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
508. Strategy INF – 6.3.1. Strategic Technology Plan. Create and update a Strategic
Technology Plan for the City to improve service efficiency.
Implements Which Policy(ies)INF – 6.3
Responsible Department(s)Information Services – Information Technology
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
529
Page 135
Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedSOLID WASTE
509. Providers. Coordinate with solid waste system providers to utilize the latest
technology and best practices to encourage waste reduction and meet, and even,
exceed State targets.
Implements Which Policy(ies)INF – 7.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
510. Facilities. Ensure that public and private developments build new and on–site fa-
cilities and/or retrofit existing on–site facilities to meet the City’s waste diversion
requirements.
Implements Which Policy(ies)INF – 7.2
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
511. Operations. Encourage public agencies and private property owners to design
their operations to exceed regulatory waste diversion requirements.
Implements Which Policy(ies)INF – 7.3
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
512. Strategy INF – 7.3.1. City Facilities and Events. Design new City facilities and
retrofit existing facilities and event venues with recycling and trash collection bins
to facilitate easy disposal of recyclable and compostable waste by staff and the
public.
Implements Which Policy(ies)INF – 7.3
Responsible Department(s)Public Works – Environmental Programs and Cap-
ital Improvement Program
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
513. Product Stewardship. Per the City’s Extended Producer Responsibility (EPR)
policy, support statewide and regional EPR initiatives and legislation to reduce
waste and toxins in products, processes and packaging.
Implements Which Policy(ies)INF – 7.4
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
530
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Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedREDUCE, REUSE AND RECYCLE
514. Reducing Waste. Meet or exceed Federal, State and regional requirements for
solid waste diversion through implementation of programs.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
515. Strategy INF – 8.1.1. Outreach. Conduct and enhance programs that promote
waste reduction through partnerships with schools, institutions, businesses and
homes.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
516. Strategy INF – 8.1.2. Hazardous Waste. Work with providers and businesses to
provide convenient hazardous and e–waste facilities for the community.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
517. Strategy INF – 8.1.3. Preferential Purchasing. Maintain and update a City pref-
erential purchasing policy to products that reduce packaging waste, greenhouse
gas emissions, toxic contaminants and are reusable.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs and City
Manager – Sustainability
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
518. Strategy INF – 8.1.4. Reuse. Encourage reuse of materials and reusable products.
Develop a program for reuse of materials and reusable products in City facilities
and outreach programs for community–wide participation by promoting commu-
nity–wide garage sales and online venues.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
531
Page 137
Table INF INFRASTRUCTURE
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted519. Strategy INF – 8.1.5. Collaboration. Collaborate with agencies and large busi-
nesses or projects to enhance opportunities for community–wide recycling, reuse
and reduction programs.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
520. Strategy INF – 8.1.6. Construction Waste. Encourage recycling and reuse of
building materials during demolition and construction of City, agency and private
projects.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs
Supporting Department(s)/
Partner(s)
Community Development – Building; City Man-
ager – Sustainability Programs
Funding Source(s)General Fund
521. Strategy INF – 8.1.7. Recycled Materials. Encourage the use of recycled materi-
als and sustainably harvested materials in City, agency and private projects.
Implements Which Policy(ies)INF – 8.1
Responsible Department(s)Public Works – Environmental Programs and Cap-
ital Improvement Program
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)General Fund
532
Page 138
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted522. Parks and Recreation Master Plan. Prepare a citywide Parks and Recreation
Master Plan that outlines policies and strategies to plan for the communities open
space and recreational needs.
Implements Which Policy(ies)RPC – 1.1
Responsible Department(s)Recreation and Community Services – Park
Improvement Business Services; Public Works –
Park Improvement
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Com-
munity Development – Planning; Public Works –
Development Services
Funding Source(s)General Fund
523. Strategy RPC – 1.1.1. Stevens Creek Corridor Master Plan. Prepare a master
plan for the park and open space corridor along Stevens Creek including McClel-
lan Ranch, McClellan Ranch West, Blackberry Farm, the Blackberry Farm golf
course, Stocklmeir and Blesch properties and the Nathan Hall Tank House area.
Implements Which Policy(ies)RPC – 1.1
Responsible Department(s)Recreation and Community Services – Park
Improvement Business Services; Public Works –
Capital Improvement ProgramPark Improvement
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program
Funding Source(s)General Fund
524. Strategy RPC – 1.1.2. Civic Center Master Plan. Prepare a master plan that
addresses the needs of the elements in the Civic Center area including City Hall,
Community Hall, Library Field, Library programming, function and meeting
space and community gathering space and parking needs.
Implements Which Policy(ies)RPC – 1.1
Responsible Department(s)Public Works – Capital Improvement Program and
Park Improvement
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Park Im-
provement Business Services
Funding Source(s)General Fund
525. Parkland Standards. Continue to implement a parkland acquisition and imple-
mentation program that provides a minimum of three acres per 1,000 residents.
Implements Which Policy(ies)RPC – 1.2
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund; Developer Fees
533
Page 139
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted526. Strategy INF – 1.2.1. Park Size. Require target for parks based on function and
activity supported as part of the Parks and Recreation Master Plan. While the
preferred size for most neighborhood parks is about 3.5 acres for flexibility of use,
smaller size parks may be considered based on opportunities and circumstances.
Implements Which Policy(ies)RPC – 1.2
Responsible Department(s)Recreation and Community Services – Park
Improvement Business Services; Public Works –
Capital Improvement Program and Park Improve-
ment
Supporting Depart-
ment(s)/Partner(s)
Public Works – Development Services; Communi-
ty Development – Planning
Funding Source(s)General Fund
527. Strategy RPC – 1.2.2. Amend Parkland Standard. Explore increasing the park-
land standard to five acres per 1,000 residents as part of the citywide Parks and
Recreation Master Plan.
Implements Which Policy(ies)RPC – 1.2
Responsible Department(s)Recreation and Community Services Public
Works – Park Improvement
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Communi-
ty Development – Planning
Funding Source(s)General Fund
528. Capital Improvement Program (CIP). Ensure that CIP projects reflect the goals
and policies identified in the Community Vision 2040, establishing a criteria for
ranking CIP proposals for the highest and best selection of community projects.
Implements Which Policy(ies)RPC – 1.3
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Park
Improvement, Business & Community Services
and Sports, Safety & Outdoor Recreation; Public
Works – Park Improvement
Funding Source(s)General Fund
534
Page 140
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted529. Parkland Acquisition. The City’s parkland acquisition strategy should be based
upon three broad objectives:
• Distributing parks equitably throughout the City;
• Connecting and providing access by providing paths, improved pedestrian and
bike connectivity and signage; and
• Obtaining creek lands and restoring creek and other natural open space areas,
including strips of land adjacent to creeks that may be utilized in creating buffer
areas, trails and trail amenities.Implements Which Policy(ies)RPC – 2.1
Responsible Department(s)Recreation and Community Services Public
Works – Park Improvement, ; Public Works –
Capital Improvement Program and Development
Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund; Developer Fees
530. Strategy RPC – 2.1.1. Dedication of Parkland. New developments, in areas
where parkland deficiencies have been identified, should be required to dedicate
parkland rather than paying in–lieu fees.
Implements Which Policy(ies)RPC – 2.1
Responsible Department(s)Public Works – Development Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
531. Strategy RPC – 2.1.2. Public Use of School Sites. Zone all public school sites
for public use to allow for the public to use sites, when not in use by schools,
through shared arrangements.
Implements Which Policy(ies)RPC – 2.1
Responsible Department(s)Public Works – Service Center
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
532. Strategy RPC – 2.1.3. Acquisition of Surplus Properties. Explore acquisition of
surplus school and agency properties for parkland. Take advantage of the Naylor
Act to purchase surplus school sites.
Implements Which Policy(ies)RPC – 2.1
Responsible Department(s)Public Works – Development Services and ; Rec-
reation and Community Services – Park Improve-
ment
Supporting Department(s)/
Partner(s)
Public Works – Capital Improvement Program;
City Manager; Community Development – Plan-
ning
Funding Source(s)General Fund
535
Page 141
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted533. Private Open Space and Recreation Facilities. Encourage the continued ex-
istence and profitability of private open space and recreation facilities through
incentives and development controls.
Implements Which Policy(ies)RPC – 2.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
534. Strategy RPC – 2.2.1. Existing Facilities. Encourage the continued existence of
private recreational facilities through land use zoning and incentives.
Implements Which Policy(ies)RPC – 2.2
Responsible Department(s)Community Development – Planning
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
535. Strategy RPC – 2.2.2. New Facilities.
• Require major developments to incorporate private open space and recreational
facilities, and seek their cooperation in making the spaces publicly accessible.
• Where feasible, ensure park space is publicly accessible (as opposed to private
space).
• Encourage active areas to serve community needs. However, a combination of
active and passive areas can be provided based on the setting.
• Integrate park facilities into the surroundings.
• If public parkland is not dedicated, require park fees based on a formula that
considers the extent to which the publicly–accessible facilities meet community
need.
Implements Which Policy(ies)RPC – 2.2
Responsible Department(s)Community Development – Planning; Public
Works – Development Services
Supporting Depart-
ment(s)/Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)General Fund
536
Page 142
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted536. Parkland Distribution. Strive for an equitable distribution of parks and recre-
ational facilities through the City. Park acquisition should be based on the follow-
ing priority list. Accessibility to parks should be a component of the acquisition
plan.
• High Priority: Parks in neighborhoods or areas that have few or no park and
recreational areas.
• Medium Priority: Parks in neighborhoods that have other agency facilities such
school fields and districts facilities, but no City parks.
• Low Priority: Neighborhoods and areas that have park and recreational areas
which may be slightly less than the adopted City’s parkland standard.
• Private Development: Consider pocket parks in new and renovated projects to
provide opportunities for publicly–accessible park areas.
Implements Which Policy(ies)RPC – 2.3
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program
Supporting Depart-
ment(s)/Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement; Community Development –
Planning
Funding Source(s)General Fund, Capital Improvement Fund
537. Connectivity and Access. Ensure that each home is within a half–mile walk
of a neighborhood park or community park with neighborhood facilites; ensure
that walking and biking routes are reasonably free of physical barriers, including
streets with heavy traffic; provide pedestrian links between parks, wherever possi-
ble; and provide adequate directional and site signage to identify public parks.
Implements Which Policy(ies)RPC – 2.4
Responsible Department(s)Public Works – Development Services, Transpor-
tation and Capital Improvement Program; Com-
munity Development – Planning
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)General Fund, Capital Improvement Fund
538. Strategy RPC – 2.4.1. Pedestrian and Bicycle Planning. Implement recommen-
dations in the Bicycle and Pedestrian Plans to link employment and special areas,
and neighborhood to services including parks, schools and neighborhood shop-
ping.
Implements Which Policy(ies)RPC – 2.4
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)General Fund; Capital Improvement Fund
537
Page 143
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted539. Strategy RPC – 2.4.2. Signage. Adopt and maintain a master signage plan for
all public parks to ensure adequate and consistent signage is provided to identify
public recreational areas.
Implements Which Policy(ies)RPC – 2.4
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)General Fund; Capital Improvement Fund
540. Range of Park Activities. Provide parks and recreational facilities for a variety of
recreational activities.
Implements Which Policy(ies)RPC – 2.5
Responsible Department(s)Public Works – Park Improvement; Recreation
and Community Services – Park Improvement
and Sports, Safety & Outdoor RecreationBusiness
Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
541. Strategy RPC – 2.5.1. Special Needs. Extend recreational opportunities for spe-
cial needs groups (senior, disabled, visually–challenged, etc.) by making improve-
ments to existing facilities and trails.
Implements Which Policy(ies)RPC – 2.5
Responsible Department(s)Recreation and Community Services – Business
Services; Recreation & Education; Sports, Safety
& Outdoor Recreation; Business & Community
Services and Public Works – Park Improvement
Supporting Department(s)/
Partner(s)
Public Works – Capital Improvement Program
Funding Source(s)General Fund, Capital Improvement Fund
542. Strategy RPC – 2.5.2. Recreational Facilities. Explore the possibility of provid-
ing additional access to existing facilities such as gymnasiums, swimming pools
and tennis courts.
Implements Which Policy(ies)RPC – 2.5
Responsible Department(s)Recreation and Community Services – Business &
Community Services
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Sports,
Safety & Outdoor RecreationFitness; Cupertino
Union and Fremont Union High School Districts
Funding Source(s)General Fund
538
Page 144
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted543. Strategy INF – 2.5.3. Community Gardens. Encourage community gardens,
which provide a more livable environment by controlling physical factors such as
temperature, noise and pollution.
Implements Which Policy(ies)RPC – 2.5
Responsible Department(s)Recreation and Community Services – Sports,
Safety & Outdoor Recreation & Youth Develop-
ment and Public Works – Park Improvement
Supporting Department(s)/
Partner(s)City Manager – Sustainability Progams
Funding Source(s)General Fund
544. Preservation of Natural Areas. Design parks to utilize natural features and the
topography of the site in order to protect natural features and keep maintenance
costs low.
Implements Which Policy(ies)RPC – 3.1
Responsible Department(s)Public Works – Parks Improvement and Capital
Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Park Im-
provement; City Manager – Sustainability Prog-
ams
Funding Source(s)Capital Improvement Fund
545. Strategy RPC – 3.1.1. Native Planting. Maximize the use of native plants and
drought–tolerant planting.
Implements Which Policy(ies)RPC – 3.1
Responsible Department(s)Public Work – Capital Improvement Program,
and Service Center; Recreation and Community
Services – and Park Improvement
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
546. Strategy RPC – 3.1.2. Natural Habitat. Where possible, restore and provide
access to creeks and riparian habitat.
Implements Which Policy(ies)RPC – 3.1
Responsible Department(s)Public Works – Capital Improvement Program;
Recreation and Community Services – and Park
Improvement
Supporting Depart-
ment(s)/Partner(s)
Funding Source(s)Capital Improvement Fund
539
Page 145
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted547. Strategy RPC – 3.1.3. Nature Play Areas. Where appropriate, consider estab-
lishing Nature Play Areas in lieu of the more conventional play equipment.
Implements Which Policy(ies)RPC – 3.1
Responsible Department(s)Recreation and Community ServicesPublic Works
– Park Improvement
Supporting Department(s)/
Partner(s)Public Works – Capital Improvement Program;
Funding Source(s)Capital Improvement Fund
548. Recreational Intensity. Design parks appropriate to address the facility and rec-
reational programming required by each special area and neighborhood based on
current and future plans for the areas.
Implements Which Policy(ies)RPC – 4.1
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Business
Services; Public Works – Park Improvement;
Community Development – Planning
Funding Source(s)General Fund
549. Park Safety. Design parks to enhance public safety by providing visibility to the
street and access for public safety responders.
Implements Which Policy(ies)RPC – 4.2
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)Santa Clara County Sheriff
Funding Source(s)General Fund
TRAILS
550. Open Space and Trail Linkages. Dedicate or acquire open space land along
creeks and utility through regional cooperation, grants and private development
review.
Implements Which Policy(ies)RPC – 5.1
Responsible Department(s)Public Works – Development Services and Capital
Improvement Program; Community Development
– Planning
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)General Fund/Grants
540
Page 146
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted551. Strategy RPC – 5.1.1. Pedestrian and Bike Planning. Implement recommenda-
tions in the Bicycle and Pedestrian Plan that link trails and open space to neigh-
borhoods and special areas.
Implements Which Policy(ies)RPC – 5.1
Responsible Department(s)Public Works – Transportation
Supporting Department(s)/
Partner(s)City Manager – Sustainability Programs
Funding Source(s)Capital Improvement Fund/Grants
552. Strategy INF – 5.1.2. Trail Projects. Implement trail projects described in this
Element; evaluate any safety, security and privacy impacts and mitigations associ-
ated with trail development; and work with affected neighbors in locating trails to
ensure that their concerns are appropriately addressed.
Implements Which Policy(ies)RPC – 5.1
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
Recreation and Community ServicesPublic Works
– Park Improvement
Funding Source(s)Capital Improvement Fund/Grants
553. Strategy INF – 5.1.3. Dedicated Trail Easements. Require dedication or ease-
ments for trails, as well as their implementation, as part of the development
review process, where appropriate.
Implements Which Policy(ies)RPC – 5.1
Responsible Department(s)Public Works – Development Services and Trans-
portation
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Business
Services; Public Works – Park Improvement;
Community Development – Planning
Funding Source(s)General Fund; Developer fees
554. Strategy INF – 5.1.4. Joint Use Agreement. Establish a Joint Use Agreement
with the SCVWD that enhances the implementation of a trail program which
increases the use of, and sets standards and measures for, creek trails.
Implements Which Policy(ies)RPC – 5.1
Responsible Department(s)Recreation and Community Services – Sports,
Safety & Outdoor RecreationPublic Works – Cap-
ital Improvement Program and Transportation
Supporting Department(s)/
Partner(s)Public Works – Development Services
Funding Source(s)General Fund
541
Page 147
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted555. Pedestrian and Bicycle Paths. Develop a citywide network of pedestrian and bi-
cycle pathways to connect employment center, shopping areas and neighborhoods
to services including parks, schools, libraries and neighborhood centers.
Implements Which Policy(ies)RPC – 5.2
Responsible Department(s)Public Works – Transportation and Capital Im-
provement Program
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Rec-
reation and Community Services – Business
Services; Public Works – Park Improvement
Funding Source(s)Capital Improvement Fund/Grants
RECREATION PROGRAMS AND SERVICES
556. Diverse Programs. Ensure that the City continues to offer a wide range of pro-
grams to serve diverse populations of all ages and abilities.
Implements Which Policy(ies)RPC – 6.1
Responsible Department(s)Recreation and Community Services – Recreation
& EducationBusiness Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
557. Partnerships. Enhance the City’s recreational programs and library service
through partnerships with other agencies and non–profit organizations. Maintain
and strengthen existing agreements with agencies and non–profit organizations,
including the Library District, to ensure progressive excellence in the facilities,
programs, and services provided to the diverse and growing Cupertino population.
Implements Which Policy(ies)RPC – 6.2
Responsible Department(s)Recreation and Community Services – Recreation
& EducationBusiness Services; City Manager
Supporting Department(s)/
Partner(s)Administrative Services
Funding Source(s)General Fund
558. Art and Culture. Utilize parks as locations of art and culture and to educate the
community about the City’s history, and explore the potential to use art in facili-
ties and utilities when located in parks.
Implements Which Policy(ies)RPC – 6.3
Responsible Department(s)Public Works – Capital Improvement Program and
Development Services; Recreation and Communi-
ty Services – Business Services
Supporting Department(s)/
Partner(s)Community Development – Planning
Funding Source(s)General Fund
542
Page 148
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompleted559. Library Service. Encourage the library to continue to improve service levels by
incorporating new technology and expanding the library collections and services.
Implements Which Policy(ies)RPC – 6.4
Responsible Department(s)Recreation and Community Services – Recreation
& Education; City Manager
Supporting Department(s)/
Partner(s)Administrative Services
Funding Source(s)General Fund
560. Sustainable Design. Ensure that City facilities are sustainably designed to mini-
mize impacts on the environment.
Implements Which Policy(ies)RPC – 7.1
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
City Manager – Sustainability Programs; Rec-
reation and Community Services – Business
Services Recreation & Education and Sports,
Safety & Outdoor RecreationPublic Works – Park
Improvement
Funding Source(s)Capital Improvement Fund
561. Flexibility. Design facilities to be flexible to address changing community needs.
Implements Which Policy(ies)RPC – 7.2
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Recreation and Community Services – Recreation
& Education and Sports, Safety & Outdoor Recre-
ationBusiness Services
Funding Source(s)Capital Improvement Fund
562. Maintenance. Design facilities to reduce maintenance, and ensure that facilities
are maintained and upgraded adequately.
Implements Which Policy(ies)RPC – 7.3
Responsible Department(s)Public Works – Capital Improvement Program
Supporting Department(s)/
Partner(s)
Public Works – Service Center; Recreation and
Community Services – Recreation & Education
and Sports, Safety & Outdoor RecreationBusiness
Services; Public Works – Park Improvement
Funding Source(s)Capital Improvement Fund
543
Page 149
Table RPC RECREATION, PARKS AND COMMUNITY SERVICES
Implementation Programs
2016–20182019–20212022–2040AnnualOngoingCompletedCOMMUNITY SERVICES
563. School Districts. Partner with school districts to allow community use of their
sports fields and facilities.
Implements Which Policy(ies)RPC – 8.1
Responsible Department(s)Public Works – Service Center; Recreation and
Community Services – Sports, Safety & Outdoor
RecreationBusiness Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
564. Strategy INF – 8.1.1. Shared Facilities. Maintain and enhance arrangements
with schools for the use of sports fields, theaters, meeting spaces and other facili-
ties through maintenance agreements and other partnerships.
Implements Which Policy(ies)RPC – 8.1
Responsible Department(s)Recreation and Community Services – Sports,
Safety & Outdoor RecreationBusiness Services;
Public Works – Service Center
Supporting Department(s)/
Partner(s)
Public Works – Capital Improvement Program
Funding Source(s)General Fund
565. Strategy INF – 8.1.2. School Expansion. Encourage schools to meet their expan-
sion needs without reducing the size of their sports fields.
Implements Which Policy(ies)RPC – 8.1
Responsible Department(s)Public Works – Service Center; Recreation and
Community Services – Sports, Safety & Outdoor
RecreationBusiness Services
Supporting Department(s)/
Partner(s)
Funding Source(s)General Fund
566. Strategy INF – 8.1.3. School Facility Needs. Collaborate with schools on their
facility needs through sharing of development information and partnerships
through major development projects.
Implements Which Policy(ies)RPC – 8.1
Responsible Department(s)Community Development – Planning; City Man-
ager
Supporting Department(s)/
Partner(s)
Public Works – Development Services; Recreation
and Community Services – Business Services
Funding Source(s)General Fund
544
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545
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4703 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:12/5/2018 City Council
On agenda:Final action:4/2/2019
Title:Subject: Approve the City Work Program for FY 2019-20
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Proposed FY 2019-20 City Work Program
B - FY 2018-2019 City Work Program items Completed or Cancelled
C - Community Engagement Work Program Memo
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Approve the City Work Program for FY 2019-20
Approve the City Work Program for FY 2019-20
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
powered by Legistar™546
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Wireless Master Plan Update the City's wireless
policies and goals to ensure a
comprehensive build out of
facilities.
- The City will initiate a Request for
Proposals in Winter 2018.
- City in negotiations with vendor for
development of RFP.
Request proposals from
interested consultants.
1) Contract Negotiations with
RFP Developer
2) Draft RFP
3) Publish RFP
4) Review Response
5) Contract Negotiation and
Award
6) Master Plan Development
1) Spring 2019
2) Summer 2019
3) Fall 2019
4) Fall 2019
5) Winter 2020
6) Spring 2020
In Progress Master Plan Development Spring 2020 $100,000 N/A 120 Bill Mitchell Innovation & Technology
Municipal Water System Ensure lessee (San Jose Water
Co.) is maintaining and
operating system to industry
standard.
-SJWC's investment in system has
increased.
-Negotiations ongoing to define capital
investments through 2022.
Continue negotiations.Fall 2014- Summer 2019 In Progress Amend current lease agreement to quantify
needed system improvements prior to lease
expiration in November 2022.
June 2019 N/A N/A 100 Roger Lee Public Works
Wireless Upgrade - Public
Space
Build wireless "hot spots" at
various public locations within
Cupertino.
-Determining best location and
associated solution(s).
-Primary sites defined and deemed
seismically sound.
-Equipment procured and configured.
1) Seismic modeling of selected
"hot-spot" locations.
2) Budget allocation for
FY18/FY19.
3) Install Access Points to primary
locations.
Summer 2019 In Progress Hot Spots Operational Summer 2019 $52,000 $39,450 96 Bill Mitchell Innovation & Technology
5G Smart City Public
Private Partnership
Agreement with Verizon
Provide 5G technology roll-out
with Small Cell Antennas to
allow faster connections and
lower latency to support the
Internet of Things.
Initial Meetings with Verizon.Receive draft agreement from
Verizon.
Summer 2019 In Progress Establish Win-Win agreement with Verizon.Summer 2019 N/A N/A 100 Bill Mitchell Innovation & Technology
Public Safety Surveillance
Support
*Priority Setting Item*
Recommend best practices for
residential and business use of
surveillance cameras for safety
and anti-crime practices.
Review City's surveillance
cameras.
-Discussions with Captain Urena to
partner with the City on this project.
-Budgetary quote for Phase I cameras.
1) Research residential and
business surveillance camera
best practices as well as anti-
crime best practices.
2) Provide public engagement
regarding the above best
practices.
3) Review City's surveillance
cameras and provide
recommended updates.
4) Replace current antiquated
CCTV equipment.
1) Fall 2019
2) Winter 2019
3) Spring 2020
4) Spring 2020
Proposed 1) Resources for surveillance and anti-crime best
practices developed for the public.
2) Engagement with resources available to the
general public as well as specific
outreach through Neighborhood Watch groups
and Public Safety Commission.
3) Evaluation and recommendation regarding
City's surveillance camera system.
Spring 2020 $50,000 N/A 300 Katy Nomura*
Bill Mitchell
*This item is being
added assuming higher
level vacancies can be
filled.
City Manager's
Office/Innovation &
Technology
Smart City Proposed FY 2019-20 Work Program
1
547
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Incentives to build
Accessory Dwelling Units
(ADUs)
Provide incentives to build
ADUs (which provide
affordable housing
opportunities) by reviewing
ordinance and reducing fees.
-The Council asked staff to add this item
to the work program in late 2017.
-Proposed code amendments are in
draft form.
Collaborating with City
Attorney's Office to complete
evaluation of various potential
incentives.
Project began in Fall
2018.
In Progress Established incentives to build ADUs.Summer 2019 N/A N/A 40 Gian Martire
Piu Ghosh
Community Development
Legislative Updates on
Accessory Dwelling Units
(ADUs)
Update Cupertino Municipal
Code (CMC) to be consistent
with state regulations.
-Awaiting the result of recently
introduced state bills.
Continuous Annually In Progress Maintain consistency of CMC with state
regulations.
December
2019
N/A N/A 40 Gian Martire
Piu Ghosh
Community Development
Update the Municipal
Code to Provide Parking
Incentives for Electric
Vehicles and Encourage
Outdoor Seating in
Restaurants
Provide incentives for green
infrastructure and enhance
pedestrian-oriented character
of developments.
Proposed in 2018 WP by Planning
Commission and authorized by CC.
Evaluate best practices and
ordinance for amendments.
On Hold 1) Provide parking Incentives for Electric Vehicles
to encourage greener modes of transport.
2) Streamline and encourage outdoor seating in
restaurants by amending municipal code and
parking ordinance.
On Hold $25,000 N/A 200 Piu Ghosh Community Development
Lawn Buster Drought
Tolerant Planting Pilot
Develop a program that allows
residents to easily elect water-
wise turf conversion, including
pre-set landscape plans, pre-
approved contractors, and
fixed prices.
-Research has begun to evaluate best
options for a Citywide pilot.
-Data collected, researched similar
programs.
-Meetings with Santa Clara Valley Water
District and City of San Jose Staff who
have run similar programs.
1) Write/release RFQ to identify
suitable partners, program
design and firms.
2) Determine if program is
feasible.
3) Move forward with
contracting with firm to offer a
pilot program to residents.
4) Start Pilot.
1) Spring 2019
2) Spring 2019
3) Summer 2019
4) Summer/Fall 2019
In Progress Receive at least 2-3 responses to RFQ, and be
able to launch a pilot Summer/Fall 2019.
June 2020 $120,000 N/A 60 Misty Mersich City Manager's Office
Healthy Cities Initiative
(HCI): Revise Tobacco
Policies
Revise smoking (including
vaping) policies and
regulations to meet HCI
standards.
-Applied for grant funding from Santa
Clara County to explore options to
decrease availability of tobacco
products and limit youth exposure to
flavored tobacco products.
-$56,000 in grant funding and in-kind
consultant support was awarded to
Cupertino.
1) Consultant will support staff in
researching strategies to
decrease the availability of
tobacco products and restrict
sales of flavored tobacco
products.
2) Consultant will support staff in
developing a stakeholder
outreach plan.
3) Council Study Session to
present strategies and
stakeholder outreach plan.
4) Conduct stakeholder
outreach.
5) Draft recommendations for
Council consideration.
6) Pending Council direction,
draft implementation plan and
implement policy and regulation
changes.
1) Spring 2019
2) Spring 2019
3) Summer 2019
4) Fall 2019
5) Fall 2019 - Spring
2020
6) Summer 2020- Winter
2020
In Progress 1) Outreach to all relevant stakeholders
identified in stakeholder outreach plan.
2) Policy and regulation in place to explore
options to decrease availability of tobacco
products and limit youth exposure to flavored
tobacco products.
December
2020
$30,000
Offset by grant funding.
N/A 500 Katy Nomura City Manager's Office
Healthy Cities Initiative
(HCI): Develop Access to
Water Policies for City
Facilities and Parks
Develop water access policies
and regulations to meet HCI
standards.
Drinking fountain/bottle filling station
(hydration station) installed at City Hall
and Jollyman Park.
1) Research other access to
water policies and best
practices.
2) Draft policy and action plan
for implementation.
1) Fall 2019
2) Spring 2020
Scheduled 1) Develop a plan to implement increased
access to water at City facilities and parks.
Spring 2020 N/A N/A 300 Katy Nomura City Manager's Office
Community Livability Proposed FY 2019-20 Work Program
2
548
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Shuttle Bus Service Study Study the feasibility of a
community shuttle that
connects local destinations
and Caltrain. Also look at
possible school connections.
-Online shuttle survey was conducted
of 805 individuals in Summer 2018.
-Since then, staff has met with several
potential vendors, and identified the
best potential options for Cupertino.
Staff will bring forward a report
to Council in Spring 2019 with
information on survey results,
along with a funding request
with a range of $1.5M to $3M for
an 18-month pilot program with
a range in service options.
Council consideration
Spring 2019
In Progress Study the feasibility of a community-wide shuttle
to connect destinations within Cupertino and
nearby areas, such as Sunnyvale Caltrain and
Kaiser Santa Clara, among others.
Spring 2019 N/A N/A 520 Chris Corrao Public Works
Shuttle Bus Pilot Program
Implementation
Community shuttle bus 18-
month pilot program.
Proposed work plan item.Council consideration in Spring
2019.
If approved, Summer
2019 launch.
Proposed Reduce traffic congestion by providing a
community ride-share shuttle.
December
2020
$1.5-$3M N/A 832 Chris Corrao Public Works
Penalties for Violation of
Conditions of Approval
and code enforcement
best practices
Consider increasing maximum
penalty of $100K for violations
of conditions of approval.
-Requested by Councilmember.
-Draft amendments being prepared
and presented at City Council Study
Session.
Issue will be reviewed with
related municipal code
updates.
Fall 2019 In Progress Increase maximum amount of administrative
penalty that can be assessed by the City Council
to a violator of the Municipal Code, separate
from the amount of administrative fine that can
be assessed by a Code Enforcement Officer.
Fall 2019 N/A N/A 240 Phillip Willkomm
Piu Ghosh
Community Development
Short-Term Rentals (STRs)Develop a regulatory program
to regulate and collect
Transient Occupancy Tax (TOT)
from STRs.
-Council study session on Feb. 6, 2018.
-June 19, 2018 Council approved
Voluntary Collection Agreement with
Airbnb.
-July 24, 2018 Planning Commission
Study Session.
-August 2018 Online community survey.
-October 4, 2018 Community workshop
on STRs.
-November 27, 2018 Draft regulation
presented to Planning Commission.
1) Study session for Council on
STR regulations.
2) Draft regulations with Council
direction.
3) Bring drafted regulations for
Council approval.
1) April 2019
2) Summer 2019
3) Fall 2019
In Progress 1) Regulations for Short-Term Rentals.
2) Increased TOT collection.
Fall 2019 $17,000 $8,500 500 Katy Nomura
Ben Fu
Piu Ghosh
Erick Serrano
City Manager's
Office/Community
Development
Regnart Road – analysis of
maintenance
responsibilities
Determine maintenance
responsibilities and inform
responsible parties of required
maintenance activities,
including tree upkeep/removal
requirements.
Drainage evaluation complete.1) Research and determine
adjacent property owner and
City maintenance
responsibilities.
2) Conduct public outreach and
collect owner input.
3) Educate owners regarding
responsibilities.
4) Complete City work.
1) Summer 2019
2) Spring 2020
3) Spring 2020
4) TBD
In Progress Inform property owners of responsibilities
including maintenance and removal of trees as
appropriate.
June 2020 $200,000 $16,335 240 Chad Mosley
Roger Lee
Public Works
Lawrence Mitty Acquire a parcel at Lawrence
Expressway and Mitty Ave for
trail expansion and park
development.
City has worked with SJWC and County
to secure a three-way transaction but
was not able to reach agreement with
SJWC.
1) County to restart negotiations
with SJWC over Doyle Property.
2) City to negotiate with County
over Mitty Property.
3) Execute purchase
agreement.
1) January 2019
2) June 2019
3) October 2019
In Progress Acquire a parcel for park purposes in Rancho
Rinconada neighborhood.
October 2019 $3,500,000 $43,893 300 Chad Mosley
Timm Borden
Jeff Milkes
Public Works/ City
Manager's Office/
Recreation & Community
Services
3
549
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Community Garden
Improvements
Renovate the community
gardens at McClellan Ranch,
and implement a new process
and procedures for a more
effective, community-driven
gardens program.
-Multiple stakeholder meetings were
held to develop better procedures and
appropriate enforcement policies.
-The new rules and enforcement
process will be implemented as garden
plots are assigned.
-A capital project was approved in 2018
designed and bid. Bids exceeded the
budget and were rejected.
-This project was defunded on 10/16/18.
1) Evaluate fees to consider in
the FY 2019-20 budget with
respect to potential cost
recovery.
2) Propose revised project in FY
2019-20 Capital Improvement
Program (CIP) budget.
3) Advertise and construct the
project.
1) June 2019
2) July 2019
3) TBD
In Progress Build an efficient and highly functioning
Centralized Community Garden at McClellan
Ranch that implements appropriate gardening
rules and manages waiting lists in an efficient
manner. The gardens will be built to reduce
issues with rodents.
Summer 2020 $1,400,000 $360 100 Kim Calame
Michael Zimmermann
Recreation & Community
Services/Public Works
Citywide Parks and
Recreation System Master
Plan
Create a 20+ year community-
driven plan to meet future
parks, open space, and
recreation needs through
establishing goals and priorities
and enhancing or expanding
facilities and programs.
Completion of the System
Master Plan will trigger
preparation of the
Department's three year
Strategic Plan.
-The draft Master Plan was issued for
public comment in January 2019.
-Presented to City Council in February
2019.
-Respond to input from the
public, Commissions, and City
Council.
-Prepare environmental
clearance documents for public
review and a final draft master
plan for review.
-Finalize for adoption by the City
Council.
March-July 2019 In Progress Complete and adopt a long-term Parks &
Recreation system master plan.
July 2019 $600,000 $514,000 150 Gail Seeds Recreation & Community
Services/Public Works
Solid Waste
Characterization Studies
and Waste Audits
1) Complete tonnage audit
and waste characterization
studies of pertinent streams of
City facilities, residential
curbside, and commercial
waste as outlined in the
Climate Action Plan.
2) Analyze effectiveness of
neighboring agency programs
and emerging technology as it
might apply in Cupertino in
diverting recyclable content
from landfill in preparation for
negotiating the new garbage
franchise agreement.
-Collected contract and waste
characterization information from
neighboring agencies.
-Began review of potential auditors and
consultants.
-Solid Waste Characterization study is
complete for residential curbside.
-Currently preparing for
characterization of City facility and
commercial waste streams.
Execute consultant agreements
for waste tonnage audits and
City facility and commercial
waste characterizations and
begin work.
1) Waste tonnage audits.
2) Waste characterizations of
City and commercial waste
streams.
1) Fall 2019
2) Fall 2019
In progress Meet Climate Action Plan reporting goals
regarding waste diversion and prepare for
negotiating the new garbage franchise
agreement.
December
2019
$150,000 $44,975 38 Cheri Donnelly/
Roger Lee
Public Works
4
550
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Heart of the City Plan Amend the Heart of the City
Specific Plan:
1) For clarifications to the
minimum street side setback
requirements.
2) To review street tree
requirements to allow larger
trees, increase diversity of tree
type and encourage drought-
tolerant and native tree types.
3) Update sections such as
transit corridors in the City.
To be revised during the next Heart of
the City Specific Plan update.
On Hold On Hold On Hold On Hold On Hold TBD N/A On Hold Erick Serrano Community Development
Library Community Room
Addition
Create additional
programming space.
-Preferred alternative was adopted by
City Council in 2015.
-Funding was pledged by Irvine
Company in development agreement
for Hamptons development pending
issuance of building permits.
-Irvine Company has stated project is
currently on hold.
- In February 2019, Council authorized
$311k of annual funding offset for FY
2019-20 & FY 2020-21 from County for
building addition design services.
-Proceeding with FY 2019-20 design
funding request in Capital Improvement
Program (CIP).
Initiate architectural design Authority to begin
design will be
presented in FY 2019-20
CIP budget. Authority
to begin construction
will occur in future
pending Council
Direction.
In Progress Meet programmatic need of the library.June 2021 Dependent on approved
plan
N/A 2000 Roger Lee Public Works
All-Inclusive Playground Study, fundraise, and design an
All-Inclusive Playground in a
neighborhood park.
-Council approved a grant application
in October 2018 to Santa Clara County.
-Staff completed a feasibility study as
part of the FY 2018-19 Capital
Improvement Program budget.
-In December 2018 the County
approved awarding $1.43M towards an
inclusive play area at Jollyman Park.
Staff will bring a funding
agreement and further evaluate
costs, need, and value to the
community information to
Council to support Council
decision-making regarding this
significant investment.
Spring 2019
Construction complete
November 2021
In Progress To build a fully functioning playground providing
all community members a playground that is all-
inclusive - that includes all elements that can be
used regardless of physical or mental limitations.
December
2021
$5,000,000 $35,000 80 Gail Seeds Public Works
Recreation and
Community Services
Strategic Plan
Complete a three year
strategic plan that serves to
align the department with a
common vision and values. The
plan will be measurable, with
specific goals, objectives and
actions. Goals will revolve
around action items in the
Master Plan, department
culture, and tools for successful
implementation.
Staff have contracted with a consultant
to assist with the process.
Identify strategic themes,
objectives, measures,
performance indicators and
initiatives.
Through February 2020 In Progress Create a plan that guides the department in
implementing theme based goals and actions.
Plan should be:
(1) Collaborative with staff.
(2) Reflect community and council priorities.
(3) Aligned with operating budgets.
February 2020 $15,000 $2,500 500 Jeff Milkes
Christine Hanel
Gail Seeds
Recreation & Community
Services
5
551
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Performing Art Center
Market and Operations
Feasibility Study
Conduct a feasibility study for
City Council consideration on
whether to have the Vallco
developer construct a warm
shell building as part of their
Master Site Development
Permit.
The budget amendment to allow staff
to move forward with an RFP to hire a
consultant was approved at the
10/16/18 Council Meeting.
1) Issue an RFP
2) Select Consultant
3) 50% Study Session
4) Complete Study
Awaiting Council
Direction
On Hold Complete Performing Arts Center Market and
Feasibility Study.
TBD $120,000 N/A 280 Chad Mosley Public Works
Regional Transformative
Transit Projects Initiatives
*Priority Setting Item*
Work to advance the following
projects as submitted to the
Metropolitan Transportation
Commission (MTC) as
Transformative Transportation
Projects:
1. Stevens Creek Corridor High
Capacity Transit
2. Automated Fixed Guideway
to Mountain View
3. Cupertino Station at I-
280/Wolfe Road
4. Highway 85 Transit Guideway
5. Silicon Valley High Capacity
Transit Loop
6. Transit Update & Funding
Strategies
MTC has identified the top 100
submittals and three Cupertino options
are included for further study. In mid-
2018, staff began meeting with Apple to
discuss potential projects. An update of
these meetings will be provided to
Council on April 2, 2019.
-Continue to pursue local
transportation funding
opportunities with Apple, Inc.,
Measure B funds, and other
funding sources to advance
local projects identified in the
2016 Bicycle Transportation Plan
and 2018 Pedestrian Plan.
-Work with neighboring cities,
agencies, and organizations in
the region to advance regional
transit projects that connect
Cupertino to the growing
regional transportation network.
-Study a Stevens Creek Corridor
High Capacity Transit project, an
automated fixed-guideway to
Mountain View, an SR85 Corridor
Project and Silicon Valley High
Capacity Transit Loop among
other ideas to address regional
mobility and congestion
management.
Long-term projects that
will be considered for
inclusion in 2050 Bay
Area plan, led by MTC.
In Progress To include projects serving Cupertino in 2050 Bay
Area plan.
Ongoing TBD N/A 2250 Roger Lee
Chris Corrao
Public Works
Use of Athletic Fields in
Parks
*Priority Setting Item*
Assess current Athletic Field Use
policy, scheduling process, and
fee schedule.
Review field use policy,
including Sunday reservation
feasibility, scheduling, and
program cost recovery.
Review use of fields for use as
dog off leash areas.
Community request, proposed to the
Parks & Recreation Commission in 2018.
1) Create a committee
comprised of Recreation &
Community Services staff,
commission members, and
Councilmembers. Define the
scope of work, timeline, etc. and
proceed with the project.
2) Request, recruit, and hire a
consultant to manage the
project.
3) Conduct a robust public
involvement process.
1) September 2019
2) November 2019
3) January 2020
Proposed Potentially update current policy to address use
of fields (Sunday use, permitting process and off
leash dog compatibility), fees and scheduling
process.
June 2020 $30,000 N/A 2000 Jenny Koverman
Karen Levy
Recreation & Community
Services
6
552
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Teen Engagement
*Priority Setting Item*
Engage youth and teens in the
community through recreation
programming with the goal of
empowering youth and
improving mental health.
The vision of the Youth and Teen
Services team is to empower the City's
future citizens and leaders to lead
positive opportunity-filled lives.
Programming within this area will create
an enriching and stress-free
environment through recreational
programs and services that foster
physical, mental, and social
development.
-The Youth Activity Board (YAB), a teen
leadership committee formed by
recreation staff, was formed in October
2018 and selected in December 2018.
-The newly formed YAB members will
develop teen events and activities that
will help teens socialize and experience
fun.
-A formal budget proposal will be
requested in the budget process.
1) Utilizing the Youth Activity
Board and the Teen Commission
to create programs to get teens
engaged.
2) Partner with FUHSD, CUSD, and
Library to offer future teen
programming.
3) Assess opportunities for teen
internships in public service
agencies that include training,
preparation and placement for
a pilot summer internship
program to begin in the summer
of 2020.
FY 2019-20 In Progress Build youth and teen programming which
includes events.
Ongoing $13,000 200 750 Danny Mestizo
Kim Calame
Recreation & Community
Services
Review and Update
General Plan (GP)
*Priority Setting Item*
Evaluate the General Plan per
industry standards for areas
where objective standards and
zoning/design guidelines can
be provided and/or revised.
Amend General Plan and
zoning code to provide
objective standards.
City Attorney's Office has identified
priority areas to address.
Phase I: Evaluate existing
General Plan and recommend
areas to provide standards.
Identify priority amendments to
happen first.
Phase II: General Plan public
outreach and update for priority
amendments.
Phase III: General Plan clean-up,
public outreach and update for
other amendments.
Phase I: Summer 2019
Phase II: Spring 2020
Phase III: Spring 2021
In Progress Amend General Plan to have better defined
objective standards.
Phase I:
Summer 2019
Phase II: Spring
2020
Phase III: Spring
2021
$1,000,000 based on
limited scope of
reviewing objective
standards and minimal
GP and zoning code
clean-ups.
N/A 2000 Piu Ghosh Community Development
Housing Strategies
*Priority Setting Item*
Explore the development of
strategies that provides a
variety of products across the
affordability levels including
housing for the
developmentally disabled, as
well as those with moderate,
low, very low, and extremely
low income.
-Priority system implemented in BMR
program for school district employee
housing.
-Staff conducted a City Council Study
Session on BMR Housing on May 1, 2018.
-BMR Linkage Fee Study (see Financial
Sustainability) is underway as part of FY
2018-19 Work Program.
(1) Housing Commission Study
Session
(2) Planning Commission Study
Session
(3) Bring item to City Council
Summer 2019 In Progress Adopt effective strategies and tools for the
development of affordable housing across all
income levels.
Spring 2020 $20,000 N/A 50 Kerri Heusler Community Development
Development
Accountability
*Priority Setting Item*
Analyze methods to limit the
implementation timeline for
entitled/future projects and
encourage development.
Monitor implementation of
development agreements and
conditions of approval.
Proposed Work Program item.Conduct analysis and develop
procedures.
Summer 2019 Proposed An established procedure for developmental
accountability.
Fall 2019 N/A N/A 100 Ben Fu
Albert Salvador
Piu Ghosh
Catarina Kidd
Community Development
7
553
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Development Approval
Process and Transparency
*Priority Setting Item*
Develop procedures for
mandated streamlined project
approvals.
Proposed Work Program item.Research and data collection
on best practice and/or industry
standards.
Summer 2019 Proposed Established procedures for streamlined project
review and approval process.
Fall 2019 N/A N/A 100 Ben Fu
Albert Salvador
Piu Ghosh
Catarina Kidd
Community Development
Green Building Code Local
Amendments
*Priority Setting Item*
Determine possible adoption of
Green Building Codes more
stringent than State standard
Title 24 (either Tier 1 or Tier2 ), to
be adopted by Council during
the regular 2019 building code
adoption cycle which will take
effect in January 2020.
Work Program item is being requested
by Sustainability Commission.
1. Contract a consultant to
evaluate and advise the City on
the requirements to update the
Green Building Code to Tier 1 or
Tier 2.
2. Propose Code to Sustainability
Commission and City Council.
3. Adopt Code.
4. Code effective.
1) Summer 2019
2) Fall 2019
3) Winter 2019
4) January 2020
Proposed Bring Green Building Code update to Council for
consideration.
Summer 2020 $35,000 N/A 200 Albert Salvador
Misty Mersich
Community
Development/City
Manager's Office
Participate in Regional
Electrification Building
Reach Code Effort
*Priority Setting Item*
Participate in the regional effort
to examine building
electrification reach codes
along with other cities in Silicon
Valley Clean Energy and
Peninsula Clean Energy (San
Mateo County).
Staff attended regional kick off
meeting.
Continue to engage on regional
effort to evaluate options
appropriate for City.
1) Cost effectiveness
study/review code options
2) External stakeholder input
3) Council review, application to
Energy Commission and File with
Building Standards Commission
4) New code effective
1) Spring 2019
2) Spring 2019
3) Fall 2019
4) January 2020
Proposed Bring electrification reach codes to Council for
consideration.
January 2020 City will be paid $10,000
to cover staff time and
any expenses from SVCE.
N/A 150 Misty Mersich
Albert Salvador
City Manager's
Office/Community
Development
Homelessness
*Priority Setting Item*
Conduct audit of services
available in Cupertino for the
homeless community; confirm
estimates of homelessness in
Cupertino; explore solutions for
homeless students.
Staff conducted a City Council Study
Session on Homelessness on October 18,
2018.
Collaborate with West Valley
Community Services, De Anza
College, and the Santa Clara
County Office of Supportive
Housing.
Fall 2019 Proposed Prepare a report for City Council on status of
Homelessness. Identify strategies and resources
to assist the homeless with an emphasis on food
pantries.
Spring 2020 $10,000 N/A 25 Kerri Heusler
Erika Poveda
Community Development
Traffic Calming and
Enforcement
*Priority Setting Item*
Installation of infrastructure,
especially around schools, to
calm traffic, and to enhance
bicycle and pedestrian safety.
More enforcement for red light
running and blocking of
intersections.
-Walk audits completed at all 14 public
schools to identify improvements.
-Minor improvements completed
around many schools.
-Focused discussions with some schools
about specific improvements is
ongoing.
1) Continue to work with schools
and the community to identify
and implement improvements.
2) Continue observations of
schools during drop-off and pick-
up times.
3) Integrate work with
Transportation Division's Safe
Routes to School programs.
Ongoing Proposed Create a safer environment around schools for
vehicles, bicycles and pedestrians. Reduce
crash rates and increase bicycle and pedestrian
mode share.
Ongoing $250,000/year for 5 years
currently budgeted in
CIP for school walk audit
implementation.
Additional $50,000/year
necessary for
supplemental traffic
calming measures.
N/A 1000 David Stillman Public Works
8
554
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Community Livability Proposed FY 2019-20 Work Program
Engage with Philanthropic
Organizations to find a
way to build ELI housing
units for Developmentally
Disabledand Engage with
Habitat for Humanity (or
other nonprofit) to build
ownership housing at
10301 Byrne Avenue
*Priority Setting Item*
1) Identify ways to build ELI
housing units for
developmentally disabled.
2) Look at possibility of building
6-8 affordable ownership
townhomes.
-BMR Linkage Fee Study (See Financial
Sustainability) is underway as part of FY
2018-19 Work Program.
-Staff has met with both Housing
Choices and Bay Area Housing
Corporation to discuss potential
projects.
-Acquired property and have begun
conceptual study to determine access
needs into BBF.
1. Provide technical assistance
to developer/nonprofit, assist
with NOFA/RFP application.
2. Study feasibility of access into
Blackberry Farm and dedicate
necessary land for access.
3. Study feasibility of
development on property.
4. Negotiate with Habitat for
Humanity, provide technical
assistance with the NOFA/RFP
application process.
Fall 2019/Spring 2020 Proposed 1. Assist developer/nonprofit with the creation of
a housing project for ELI developmentally
disabled, evaluate NOFA/RFP application for
potential award of City CDBG and/or BMR
Affordable Housing Funds to assist project.
2. Determine if project is feasible. Assist Habitat
for Humanity with the creation of a project,
evaluate NOFA/RFP application for potential
award of City CDBG and/or BMR Affordable
Housing Funds to assist project.
Spring
2020/Summer
2020
$150,000 plus additional
development costs to be
determined after
feasibility study.
$2,450,000 for
acquisition of
property (for
reference, not
necessarily part of
the budget for this
specific item)
150 Kerri Heusler
Gian Martire
Chad Mosley
Community Development
Comparative studies that
compares standards for
mixed use developments
and high density
residential guidelines with
other cities. Specifically, on
parkland, green space,
and parking space
requirements.
Evaluate existing Cupertino
standards for consistency with
industry standards and best
practices.
Proposed Work Plan item.(1) Identification of cities and
outreach for documents and
interviews.
(2) Document collection, review,
and content analysis of best
practices and published
materials.
(3) Matrix analysis of data.
Winter 2019 Proposed Production of matrix and description of research
results.
Spring 2020 N/A N/A 100 Ben Fu
Catarina Kidd
Community Development
Dark Sky Policy and Bird
Safe Design Guidelines
Create dark sky policy and bird
safe design guidelines for the
protection of public health and
wellbeing and the facilitation
of habitat friendly
developments. Reevaluate
street lighting and other lighting
that can benefit residential
areas.
Proposed Work Plan item.Research and evaluate industry
standards and best practices.
Summer 2019 Proposed Adoption of appropriate policies and guidelines.Winter 2019 $5000 for noticing and
outreach efforts.
N/A 200 Ben Fu
Catarina Kidd
Community Development
Study Sessions on Vallco Updates on status of projects.
Provide input on the site.
N/A Develop presentations Winter 2019 Proposed Study sessions held.As Needed N/A N/A 20 Piu Ghosh
Catarina Kidd
Community
Development/City
Attorney's Office
Arts & Cultural Festival and
Programs
Ensure Arts & Cultural Programs
are featured in the
Neighborhood Events Program
each summer.
The Neighborhood Events Program that
began in 2018 featured several cultural
events as well as art in the park
programs.
Ensure significant number of
cultural and arts events are
included in the 2019 summer
schedule.
Summer 2019 Proposed Provide a minimum of three cultural events and
a series of arts events as part of the
neighborhood summer events program.
September
2019
N/A N/A 80 Kim Calame Recreation and
Community Services
9
555
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion Date Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
BMR Linkage Fees Update Consider increasing linkage
fees for residential and non-
residential projects to provide
funding for BMR affordable
units.
Began in Summer 2018 after requested
funding for nexus study was authorized
as part of FY 2018-19 budget.
Prepare nexus study Spring 2019 In Progress Prepare nexus study for City Council Study
Session.
Summer 2019 $175,000 $31,335 100 Erick Serrano
Kerri Heusler
Community Development
Modernize Business Tax
and Analyze Potential
Revenue Measures
*Priority Setting Item*
Explore modernizing Business
Tax and analyze potential
revenue measures to address
issues such as traffic congestion.
-May 23-25, 2018 Public opinion poll.
-June 5, 2018 Study Session in which
Council directed staff to develop
several models for restructuring the
business tax and conducting business
outreach.
-June 18, 2018 Business outreach,
including forum.
-June 19, 2018 Study Session in which
Council directed staff to prepare
sample resolution and ordinance for
November 2019.
-July 3, 2018 Study Session in which
Council directed staff to prepare draft
resolution and ordinance for November
2018 election and conduct additional
outreach.
-July 31, 2018 Action to approve
submission to the voters of a measure to
amend the City's business license tax
was not adopted.
1) Build-out long-term financial
forecast and financial position
analysis.
2) Evaluate fiscal sustainability
strategies including local
revenue measures.
3) Develop capital financial
options, structures and estimates
for identified projects.
4) Prepare additional business
tax analysis for presentation to
Council.
1) May 2019
2) May 2019
3) May/June 2019
4) September 2019
In Progress Prepare a detailed analysis of the City's options
for business tax as well as alternative revenue
measure available to the City.
June 2020 $50,000 N/A 100 Kristina Alfaro Administrative Services
Explore Storm Water Ballot
Initiative with Grassroots
Group(s) with Input From
Sustainability Commission
Explore feasibility and potential
steps to conduct property
owner mail-in election for
authorization to adjust storm
water fees from 1992 level to
current.
Council authorized proceeding with a
fee study.
If the fee study is accepted, a
Prop 218 compliant mail-in
ballot process will begin in
March 2019 with new property
related fees potentially
authorized by July 2019.
June 2018 -
August 2019
In Progress To have Operations & Maintenance and Clean
Water Programs at Full Cost Recovery to the Fees
Collected.
August 2019 $160,500 $19,825 500 Cheri Donnelly Public Works
Financial Sustainability Proposed FY 2019-20 Work Program
10
556
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion Date Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Financial Sustainability Proposed FY 2019-20 Work Program
Consider Policies and
Related Code and
Specific Plan Amendments
to Implement Policies in
the Economic
Development Strategic
Plan (EDSP)
Develop and adopt policies to
regulate mobile services
vendors incorporating what is
now allowed by SB 946.
Encourage more start-ups and
entrepreneurial ventures by
allowing an additional
"Incubator/Co-working use" in
areas currently zoned for
commercial retail.
-EDSP documents have been uploaded
onto the Economic Development
section of the City's website.
-EDSP adopted by City Council in late
2016.
-Hired consultant to work on
implementation of key objectives.
1) Council Study Session
scheduled for April 16, 2019 to
review EDSP and
implementation action items.
2) Explore several policies for
forward-looking economic
development including:
A. Consider incubator/co-
working uses to replace retail on
sites that have underperforming
retail.
B. Consider creating office
allocation in the General Plan
specifically for mid-to-small size
companies.
C. Identify and develop
regulations for an Innovation/Arts
district in the City.
D. Create a policy to allow
mobile uses (including food
trucks).
3) Bring draft ordinances to City
Council in Winter 2019 for Item A
and B.
4) Council Study Session in Spring
2020 to discuss Item C.
1) April 16, 2019
2) Fall 2019
3) Winter 2019
4) Spring 2020
In Progress Adopt ordinances to regulate mobile vendor
services, and allow for incubator/co-working use
in underperforming retail spaces.
Spring 2020 $148,473 $56,870 500 Angela Tsui City Manager's Office
Internal Audit Function Assist the City in accomplishing
its objectives by bringing a
systematic, disciplined
approach to evaluate and
improve the effectiveness of risk
management, control, and
governance processes.
Evaluate the cost/benefit of
having an internal audit function
in-house versus contracted out.
Based on the results and decision
of City Council, respond
accordingly with either an RFP
for contract services or establish
the position classification and
hire an FTE.
1) Final budget hearing
2) Recruit RFP
3) Onboard
1) May/June 2019
2) July/August 2019
3) September 2019
Scheduled Assist the City in accomplishing its objectives by
bringing a systematic, disciplined approach to
evaluate and improve the effectiveness of risk
management, control, and governance
processes.
September 2019 $20,000 - $180,000
ongoing depending on
analysis mentioned in
"Next Steps"
N/A TBD Kristina Alfaro Administrative Services
Public Infrastructure
Financing Strategy
*Priority Setting Item*
Present a study of financing
alternatives for several different
categories of upcoming large
expenses, such as New City Hall
Tenant Improvements, other
public building improvements
and modifications, multi-modal
transportation improvements,
potential Performing Arts
Center Tenant Improvements,
etc.
1) Infrastructure Needs list was
developed identifying upcoming large
expenses.
1) Financing plan will be
discussed at the Council Study
Session.
2) Develop Scope of Work and
propose funding for RFP at either
mid-year or regular budget.
1) April 2019
2) Spring - Fall 2019
In Progress Build-out long-term financial forecast and
financial position analysis.
Evaluate fiscal sustainability strategies including
local revenue measures.
Develop capital financial options, structures, and
estimates for identified projects.
July 2020 $42,500 N/A 100 Kristina Alfaro
Roger Lee
Administrative
Services/Public Works
11
557
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff
Hours
Staff Lead Department
Review Current
Commissions
Per Council request, explore
commission structure and
consider improvements for
efficiency and communication
with Council. Consider having
a meeting where like
commissions from other
jurisdictions can come together
to share ideas and
experiences.
- Research on best practices
conducted.
- Restructured commission work
program process and introduced
process to all commissions.
- Survey conducted for commissioner
feedback.
1) Report back to Council
regarding commission
feedback.
2) Plan and execute
implementation of commission
process changes according to
Council direction and decision.
1) Spring 2019
2) Summer/Fall 2019
In Progress 1) Provide an opportunity for every commissioner
to provide feedback.
2) Provide options for Council to consider
regarding commission process changes.
Spring 2020 $3,000 N/A 500 Katy Nomura
Grace Schmidt
City Manager's Office/City
Clerk
Consider New
Commissions and
Committees
*Priority Setting Item*
Explore the possibility of
additional commissions or
committees to address City
needs, such as traffic,
transportation, and economic
development.
- Research commissions in other cities 1) Research committees in other
cities and best practices for
forming commissions.
2) Conduct study session for
Council.
1) Fall 2019
2) Spring 2020
Proposed 1) Provide an opportunity for feedback from
every commission and committee with members
of the public.
2) Provide options to the Council to consider
regarding new commissions or committees.
Summer 2020 N/A N/A 400 Katy Nomura
Grace Schmidt
City Manager's Office/City
Clerk
Neighborhood
Engagement
*Priority Setting Item*
Increase membership in, and
engagement with,
neighborhood groups and
members. Provide support for
Councilmembers who want to
conduct town hall/office hour
meetings with residents.
Currently we have more than 300
members in the Block Leader Program.
1) Work with Block Leaders and
Neighborhood Watch
volunteers, as well as
neighborhood groups to be
neighborhood representatives
and stakeholders related to City
relations.
2) Continue outreach to areas in
Cupertino that do not currently
have Block Leader and
Neighborhood Watch
membership.
June 2020 Proposed Increase Block Leader and Neighborhood
Watch membership.
June 2020 $2,000 N/A 500 Brian Babcock City Manager's
Office(Public Affairs/ Block
Leader/ Neighborhood
Watch)
Public Relations Project
*Priority Setting Item*
Contract with an outside firm to
create public relations
materials and campaigns to
address misinformation
concerning Cupertino and
enhance its reputation. The
campaigns would include, but
not be limited to, the City's
efforts in entitling affordable
housing in Cupertino.
1) Explore hiring a public
relations (PR) consulting firm to
help the City create campaigns.
2) Develop and execute
campaigns with guidance from
PR firm.
1) Spring 2019
2) Fall 2019
Proposed Hire PR firm, execute campaigns.June 2020 $50,000 N/A 750 Brian Babcock City Manager's Office/
Public Affairs
Public Engagement and Transparency Proposed FY 2019-20 Work Program
12
558
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff
Hours
Staff Lead Department
Public Engagement and Transparency Proposed FY 2019-20 Work Program
Marketing Project
*Prority Setting Item*
Investigate a potential
"Cupertino Store" with City-
branded items and work with
Fine Arts Commission on
possible artistic giveaways.
1) Explore idea of a store.
2) Work with Fine Arts
Commission liaison to set up
conversations with Commission
regarding artistic giveaways.
Summer 2019 Proposed 1) Identify feasibility of a "Cupertino Store".
2) Meet with Fine Arts Commission and Identify
artistic giveaways.
June 2020 $5,000 N/A 750 Brian Babcock City Manager's Office/
Public Affairs
Enhance Councilmember
Webpages and Outreach
*Priority Setting Item*
Enhance Councilmember
webpages
-Webpage mock up has been
developed based on discussion at
priority setting workshop.
-Implemented feedback from Council
Study Session and pages are live.
Update content with Council
information. Make modifications
as necessary.
Spring 2019 In Progress Provide enhanced Councilmember Web Pages.Summer 2019 N/A N/A 24 Bill Mitchell Innovation & Technology
13
559
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Alternative Commute Pilot
for Staff
Pilot to encourage employees
to use alternative modes of
transportation such as walking,
biking, transit, and carpool to
relieve road congestion,
reduce harmful emissions and
improve employee health.
-Exploring programs from surrounding
cities and writing a draft proposal.
-Develop pilot program implementation
measures, and determine appropriate
incentive levels.
Discuss draft pilot program
proposal with City Manager and
Dept. Heads. Begin pilot
program and conduct
employee engagement.
1) Gather research.
2) Creation of pilot program
incentives and objectives,
gather City Manger and Human
Resource input.
3) Launch pilot.
1) Fall 2018
2) Winter 2018
3) Spring 2019
In Progress Increase in number of employees that take
alternative modes of transportation such as
walking, biking, transit, and carpool to work.
June 2019 $20,000 N/A 40 Misty Mersich City Manager's Office
Workforce Planning Use data in the City's ERP
system and several City
documents such as the
budget, Capital Improvement
Program, and City Work
Program to identify key
positions needed and how to
attract, retain or train to ensure
the availability of those
positions when needed.
-Attract - Negotiate new labor contracts
to stay competitive, successfully recruit,
and retain talent in the current job
market.
-Retain - In the beginning stages
of launching a Succession Planning
Program in collaboration with
Leadership Academy Program
consultant for a target date
of September 2019.
-Employee training and development -
Kicking off the Citywide BEST (Building
Employee Skills through Training)
Program effective April 2019.
Begin identifying key positions.
Formulate training/ recruitment/
retention strategy for those
positions.
1) Identify Key Positions
2) Training Strategy
3) Recruitment Strategy
4) Retention Strategy
1) May 2019
2) July/August 2019
3) July/August 2019
4) August/ September
2019
In Progress # of Trainings
Retention Rate
June 2019 $5,000 N/A 500 Kristina Alfaro Administrative Services
Labor Negotiations Negotiate equitable long term
contracts with all bargaining
units.
-Current contract expires in June 2019.
-Total compensation surveys being
updated.
-Meetings scheduled with labor groups
to determine survey agencies and
classifications.
-In the process of acquiring licensing
agreement with Adastra for labor cost
analysis to increase efficiency
throughout negotiations.
Labor negotiations meetings
to begin in March 2019.
1) Kick Off Meeting
2) Salary Survey Complete
3) Complete Negotiations
1) March 2019
2) April/May 2019
3) June 2019
In Progress New Contracts June 2019 $50,000 N/A 200 Kristina Alfaro Administrative Services
Disaster Recovery
(DR) Plan
Provide network/data resiliency
through the use of offsite and
out of region data centers
-Simplified network/data infrastructure
to allow for easy migration to offsite
data center.
-Network infrastructure for both City Hall
and colocation facility have been
procured and configured.
-Equipment includes Firewalls, Wired,
Wireless, Server and SAN environments.
-All City Hall equipment is operational
and running in production mode.
-Ongoing discussions with three
colocation vendors concerning
capabilities, locations, and price.
1) Move current City Hall data
center infrastructure elements to
local colocation facility.
2) Build second infrastructure
environment at distant, out-of-
region colocation facility.
3) Enter into agreement with one
colocation vendor.
4) Move, configure, and
activate colocation equipment.
5) Test failover.
Summer 2019 In Progress Disaster Recovery site operational Summer 2019 $1,068,000 $834,282 3224 Bill Mitchell Innovation & Technology
Operational Efficiency Proposed FY 2019-20 Work Program
14
560
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Operational Efficiency Proposed FY 2019-20 Work Program
Applications
*A portion of this scope
includes a Priority Setting
Item*
Deploy applications to
enhance operational
efficiency.
The following applications have been
deployed:
-3D Project Activity Map
-95014 Disaster Preparedness Mobile
App
-ACTIVENet
-Bid Management
-Bike Plan Story Map
-Building OS
-Case Management
-CIP Story Maps
-Citizens Communications Recyclist
-Cityworks-Tree Storeroom
-Cityworks - Facilities
-Cityworks - Sign Inventory
-Cityworks - Tree inventory
-Cupertino 311
-Intranet
-Laserfiche Upgrade
-NeoGov - Recruitment
-New World CAFR Builder
-OneConcern
-Open Town Hall
-PSOMAS Property Info Updates
-Updated Aerial of City
1) Finalize implementation of
applications in flight.
2) Continue to research cost
effective solutions to current
business problems.
Applications in progress:
1) Public Works Dashboard
2) Accela Land Management
3) Zonar 3D Zoning
4) ProjectDox Public Portal
5) NextRequest PRA,
6) Cafe Point of Sale
7) Qless
8) Augmented Reality Pilot
9) TrafficWare Traffic
Management System
10) Cobblestone Contract
Management
11) NeoGov-Onboarding
12) Chatbot Pilot
13) Golf Tee Time
14) Enterprise Content
Management Roadmap
1) Spring 2019
2) Summer 2019
3) Summer 2019
4) Summer 2019
5) Summer 2019
6) Summer 2019
7) Summer 2019
8) Summer 2019
9) Summer 2019
10) Fall 2019
11) Fall 2019
12) Fall 2019
13) Fall 2019
14) Winter 2019
In Progress Complete projects with stated timeline Winter 2019 $1,426,753 $1,031,690 6864 Bill Mitchell Innovation & Technology
New City Hall Design Design a New City Hall to the
identified budget.
-The budget amendment to allow staff
to move forward with an RFP to hire an
Architectural consultant was approved
on the 10/16/18 Council Agenda.
-A Council Study Session is scheduled
for April 2, 2019 to review the Civic
Center Master Plan & discuss City Hall
design/delivery strategy.
1) Council Study Session to
discuss design delivery strategy
and establish a project budget.
2) Issue an RFP.
3) Identify a project funding
strategy.
4) Select a design consultant.
1) April 2019
2) June 2019
3) TBD
4) TBD
In Progress 1) Approve design delivery strategy
2) Establish project budget
3) Identify a funding strategy
4) Issue RFQ
August 2020 $3,500,000 $5,000 350
through
consultant
selection
Roger Lee Public Works
Interim City Hall Design Evaluate options for an interim
City Hall at
1) Monta Vista Recreation
Center
2) Service Center
3) Leased Space
The budget amendment to allow staff
to move forward with an RFP to hire an
Architectural consultant is on the
10/16/18 Council Agenda. An Architect
was engaged to evaluate design
alternatives.
Complete analysis for Interim
City Hall location.
Pending funding
strategy and timeline
for new City Hall.
On Hold
Pending
funding
strategy and
timeline for
new City Hall.
1) Evaluate Monta Vista Rec Center
2) Evaluate new bldg at Service Center
3) Estimate leased space option
4) Select preferred location
July 2019 $500,000 N/A 1000 Roger Lee Public Works
Roll Out of Additional ERP
Modules
Fully utilize ERP system to
automate and simplify business
processes.
-Fixed Asset module has been
implemented.
-CAFR Builder has been implemented
and will begin utilizing for FY 18-19
financial statement audit.
Review requested time off
capabilities in the City's online
timesheet/benefits portal.
1) Testing of Time Off Request by
Admin Services.
2) Rollout of time off request to
CMO, I&T and CDD and PW staff
at City Hall.
3) Rollout of time off request to
PW Services Center and Parks
and Recreation".
1) March 2019
2) July 2019
3) August 2019
In Progress Continue to look toward implementing new
modules offered by City's ERP to increase
efficiency, accuracy, and transparency within
the City's financial management and reporting.
June 2020 N/A N/A 100 Kristina Alfaro Administrative Services
15
561
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Operational Efficiency Proposed FY 2019-20 Work Program
Roll Out of Open Gov
Platform (Maps and
Additional Reports)
Fully utilize OpenGov Software.Successfully began using and
integrating open budget portion of
OpenGov.
Build out additional reports and
view on the City's transparency
portal.
1) Use Portal for Budget
Presentations.
2) Implement Open Town Hall
Integrates Maps.
3) Integrates Maps.
4) New Views.
1) March 2019
2) November 2019
3) December 2019
4) July 2019
In Progress Achieve utilization of reports and integration
offered by OpenGov to increase efficiency,
accuracy, and transparency within the City's
budgeting and reporting processes.
June 2020 $30,000/
Year Software Costs
$30,000 100 Kristina Alfaro Administrative Services
Integration of Work
Program and Other
Long/Short Term
Documents to Develop 5
Year Business Plan for City.
Comprehensive Business Plan
that encompasses all work plan
items ensuring adequate
funding and staffing resources.
Work Program has been incorporated
into the budget process.
Ensure costs associated with
items approved in Work Program
are included in the FY 2019-20
budget.
Ensure future costs of items in the
work plan are included in the
Long Term Financial forecast.
1) Work Program Priorities in
Budget Proposals.
2) Multi Year Funding of
approved items in budget.
3) Future Staff incorporated in to
forecast.
1) March 2019
2) May 2019
3) May 2019
In Progress Construct a Council Work Program in which
aggregate benefits, both for the City and the
Community, outweigh the costs associated.
Ensure the City's budget appropriately and
sufficiently captures all Work Program costs and
communications are delivered to City Council
regularly.
June 2020 N/A N/A 200 Kristina Alfaro Administrative Services
Cross Platform System
Integration
Leverage new technology
acquisitions to create
integrated systems.
-Identified integration possibilities
between the City's ERP Logos and Land
Management Software, Recreation
Software, Project Works and
Recruitment software.
-Recreation Software (Activenet
integration complete).
-Finance division working with Land
Management software on integration
specifications.
1) Accela Integration to ERP
2) NeoGov (Recruitment and
Onboarding) to ERP
3) GIS Integration with OpenGov
1) December 2019
2) December 2019
3) TBD
In Progress Leverage new technology acquisitions to create
integrated systems in which Departments can
achieve operational efficiency and consistency
by collaborating as a cohesive unit.
Summer 2018
and Ongoing
N/A N/A 500 Kristina Alfaro All
Improve Process of Public
Records Act (PRA)
Requests
Provide a comprehensive web
portal that allows 24x7 public
access to search previous PRA
responses or submit a new PRA
request. Route, escalate, track,
distribute, log and manage
each PRA request. Provide
knowledge base of previous
PRA requests and associated
responses. Manage, review
and improve current City
process.
-Met with vendors on different
applications that meet our goals.
-Selected Vendor (NextRequest)
negotiated contract and price.
Install, configure and make
operational application.
Summer 2019 In Progress Nextrequest Implemented Summer 2019 $15,217 $15,217 144 Bill Mitchell
Grace Schmidt
Innovation &
Technology/City Clerk
16
562
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Operational Efficiency Proposed FY 2019-20 Work Program
Recreation and
Community Services
Marketing Plan and
Program Review
Implement a plan placing
greater emphasis on business
functions within the Recreation
and Community Services
Department to include
completion of a program
review of programs and
activities offered and a
marketing plan.
Contract was awarded in 2018.Provide background information
and data to LERN, the
contractor who will be
completing the process in
November 2019.
Fall 2019 In Progress To create a marketing plan that includes an
analysis of programs to offer, fees to charge and
evaluation of the department program
brochure.
Winter 2019 $20,000 $4,000 150 Christine Hanel Recreation and
Community Services
Emergency Services
Continuity of Operations
Plan (COOP)
Complete plan to resume
operations of the City after a
major emergency.
-Emergency Operations Plan (EOP) is a
precursor to the COOP. As first step the
EOP is in the process of being updated.
-Quotes have been received for
potential COOP contract services costs.
1) Complete EOP
2) Review constraints that
annexes may have on COOP
3) Decide in-house versus
outsourcing COOP
development
4) Begin the process
5) Completion
1) June 2019
2) Fall 2019
3) Fall 2019
4) Winter 2019
5) Summer 2020
In Progress 1) Having a completed COOP.
2) Appropriate staff trained on COOP.
Summer 2020 $75,000 N/A Dependent
on whether
it is written in-
house or
outsourced.
Clare Francavilla City Manager's Office
17
563
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Small Business
Development Center
(SBDC) and Cupertino
Visitor's Center
Explore the viability of
establishing a small business
development center and
Cupertino Visitor's Center. The
Visitor's Center should have a
retail component to sell City-
branded merchandise.
This is an action item in the Economic
Development Strategic Plan as a
resource to retain and grow small and
midsize businesses. The addition of a
Cupertino Visitor's Center was initiated
by City Council during its Work Program
Study Session on March 19th, 2019.
Identify a list of possible office
and retail space, centrally
located within the City.
Summer 2019 In Progress Find permanent office and retail space for SBDC
counselors to meet with prospective business
clients, as well as house a City Visitor's Center
with a retail component to sell City-branded
merchandise.
Ongoing Dependent upon space
availability
N/A 200 Angela Tsui City Manager's Office
Library Lease Sign a new lease with the
Library JPA for use of the City's
Library facility.
Staff has begun meeting with Library
staff to discuss terms for the new lease.
1) Begin negotiation of new
lease/MOU.
2) Coordinate lease terms with
Council.
3) Final Lease Agreement.
4) Develop license agreement
with Library addressing program
opportunities and use of
Community Hall.
1) Ongoing
2) May 2019
3) August 2019
4) August 2019
In Progress Complete updated lease agreement September
2019
N/A N/A 280 Chad Mosley
Heather Minner
Jeff Milkes
Roger Lee
Public Works/ City
Attorney's Office/
Recreation & Community
Services
Strategic Partnerships with
Nonprofits
Create strategic partnerships
with nonprofits to improve
effectiveness of Recreation &
Community Services Programs.
Objectives include
coordination of programs with
the Cupertino Library, YMCA,
West Valley Community
Services, School Districts, etc.
Many new partnerships have been
strengthened to include working with
the Historical Society, the Chamber of
Commerce, the School Districts, etc.
Continue discussions with West
Valley Community Services and
other nonprofit service providers.
Also see Policies on Nonprofit
Support item.
On Hold On Hold To create partnerships that result in efficiencies
and improved services for Cupertino residents.
June 2019
(ongoing)
N/A N/A TBD Kim Calame
Kim Frey
Christine Hanel
Recreation & Community
Services
Art in Unexpected Places To beautify public and/or
private/donated spaces,
surprise and delight passers-by,
and encourage the community
to reflect on themes and
imagery that represent the
heritage, natural beauty,
diversity, and creativity of the
City.
Fine Arts Commission and Parks &
Recreation Department are
collaborating to install mural wall art in
two locations as pilots.
1) Draft creative brief has been
initiated.
2) Outreach to private property
owners is pending.
Summer 2019 to
Summer 2020 for pilot
In Progress Complete mural Summer 2020 $10,000 N/A 100 Catarina Kidd Community Development
Policies on Nonprofit
Support
*Priority Setting Item*
Review and implement policies
on funding and support for
nonprofit organizations,
including meeting room space
and office space.
Review of the Community Funding
Policy is being conducted.
1) Review all policies regarding
funding and support of
nonprofits.
2) Research best practices in
other cities.
3) Conduct a Study Session for
Council regarding options and
recommendations.
4) Draft, revise, and implement
policies per Council direction.
5) Bring policies to Council.
1) Fall 2019
2) Spring 2020
3) Spring 2020
4) Summer 2020
5) Fall 2020
Proposed A standardized process for nonprofits to receive
funding and support from the City.
Fall 2020 $15,000 N/A 500 Kristina Alfaro
Jeff Milkes
Administrative Services/
Recreation & Community
Services
Proactive Legislative
Support
*Priority Setting Item*
Contract with a lobbying firm to
provide legislative analysis and
lobbying support. It is possible
that the lobbyist services and
costs may be shared with other
West Valley cities if there is
interest. Staff will work with the
lobbyist firm to develop a
legislative program to support
City priorities.
- West Valley cities informed of lobbyist
idea.
- Quotes received for lobbyists.
1) Further discuss partnering
opportunities with West Valley
cities.
2) Conduct procurement
process for lobbyist.
3) Contract with lobbyist and
develop program to support
Council priorities.
1) Summer 2019
2) Fall 2019
3) Winter 2019
Proposed 1) Lobbyist support secured for the City.
2) Plan developed to support legislative
priorities.
Winter 2019 $75,000 annually
Costs may be shared
among West Valley cities
pending their
participation.
N/A 500 Katy Nomura City Manager's Office
Public and Private Partnerships Proposed FY 2019-20 Work Program
18
564
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Water System Asset
Management Plan (AMP) /
Valuation
1) Quantify system condition
and projected needs/costs to
sustain industry standard.
2) Value system to determine
appropriate lease rate or sale
price after 2022.
Plan is complete.Coordinate with SJWC and
consult an AMP that is mutually
beneficial to both parties.
July 2018 - March 2019 Completed Understand condition and value of system.
Make informed decisions regarding current lease
operations and option at end of lease term in
November 2022.
March 2019 $350,000 $319,681 160 Roger Lee Public Works
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Public Art in Developments Review and consider
amending the $100,000
maximum for Public Art in
Developments.
-Fine Arts Commission reviewed on June
18, 2018, and recommended raising the
percentage of art to 1% with no cap.
-City Council introduced July 3, 2018
and enacted August 21, 2018.
Implementation with new
development projects.
Fall 2018 Completed Increase amount of public art.August 21,
2018
N/A N/A 200 Catarina Kidd Community Development
Teen Stress Work with the Teen Commission
on events that address teen
stress in Cupertino.
-Held Bobatino event in September
2018 to help teens de-stress with an
estimated attendance of 700 teens.
-The Youth Activity Board (YAB) was
formed by City staff in October 2018
and selected in December 2018.
-The newly formed YAB members will
develop teen events and activities that
will help teens socialize and experience
fun.
-Staff also joined the Fremont Union
High School District's Wellness Council to
address teen stress.
Teen stress will continue to be
addressed under the Work
Program item titled Teen
Engagement.
Completed Bobatino event held with an estimated 700 teens
in attendance.
Youth Activity Board formed.
February 2019 $4,684 $4,684 120 Colleen Lettire
Danny Mestizo
City Manager's
Office/Recreation &
Community Services
Vallco Specific Plan Create a community-based
vision and objective standards
for development at Vallco.
-Vallco Town Center Specific Plan
(including Final Environmental Impact
Report and associated general plan
amendments) adopted.
-First reading of associated ordinances
including Development Agreement
conducted on September 19, 2018.
-Ordinances including Development
Agreement with Vallco Town Center
LLC enacted on October 2, 2018.
-Four referendum petitions filed in
October 2018. One petition rejected in
February 2019. One referred to Court for
declarative relief.
1) Council to determine action
on referenda petitions upon
Court direction.
2) If placed on ballot and
referenda fails, review Master
Site Development Plan for the
Vallco project.
October 2017 to
October 2018
Completed Vallco Specific Plan document completed. October 2018 $3,300,000 $4,104,847 1761 Catarina Kidd
Piu Ghosh
Community Development
Strategic Plan for
Neighborhood Special
Events
Complete strategic planning to
implement recreational
activities in neighborhood
parks.
Thirty-four events and activities were
offered between July and September
2018 with 5,888 community members
that participated.
Complete summary report and
present to the Parks &
Recreation Commission with
recommendations to City
Council for the program in
2019/2020.
Completed Implement a walkable neighborhood recreation
event program that would attract more than
5,000 Cupertino residents.
February 2019 $112,000 $112,000 2370 Kim Calame Recreation & Community
Services
Smart City FY 2018-19 Work Program Items Completed or Cancelled
Community Livability
1
565
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Teacher Housing Evaluate a “Teacher Housing”
project in partnership with a
nonprofit developer and try to
identify and develop surplus
school property as a teacher
housing project.
-In March 2016, the Planning
Commission recommended adding a
goal of providing 100 senior or teacher
housing units per year for the next five
years and/or provide incentive and
priority for Cupertino residents.
-The priority system was implemented as
part of the BMR Administrative Manual
update in September 2016.
Continue to explore
opportunities in collaboration
with the school districts as further
progress in this project would
need to be led by the school
districts and supported by the
City. Teacher housing will also
be considered under the
Housing Strategies item.
Ongoing
Including in Housing
Strategies item.
Completed Priority system implemented in BMR Housing
Program. Priority points awarded to public
service agencies, which includes school district
employees.
September
2016
N/A N/A 20 Kerri Heusler Community Development
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Sustainable CalPERS
Funding Strategy
Identify a long term funding
strategy to fund rising costs
related to retirement. Goal of
80-100% funded in the next 20
years.
Strategies:
a) Establish a 115 Trust and funding
strategy
b) 20 year amortization
c) 6% discount rate
d) Long Term staffing costs projections
including negotiated increase using
GovInvest
1) Presentation to Council as part of Mid
Year Budget (March 6, 2018)
2) Present to Fiscal Strategic in late
March/ early April 2018; Cost of strategy
to Council as part of Proposed Budget
Hearing
Completed Establish Section 115 Trust and Investment Policy.June 2018 $8,000,000 $8,000,000 100 Kristina Alfaro Administrative Services
Financial Sustainability
Community Livability
2
566
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff
Hours
Staff Lead Department
Expand Therapeutic
Recreation Programs
Expand recreation program
offerings to accommodate
therapeutic recreation needs in
the community.
Create a task force within the
department to create a strategy
and begin coordinating
opportunities.
Cancelled N/A N/A N/A Christine Hanel Recreation & Community
Services
I heart Cupertino - Teen
Design Challenge
Build a sense of community by
launching a swag store with a
fun youth design project.
Project team is developing project
charter.
Request buy-in from local
schools and businesses.
Cancelled N/A Jaqui Guzman
Colleen Letire
Danny Mestizo
City Manager's Office/
Recreation & Community
Services
Volunteer Fair Promote a sense of community
and good will in Cupertino by
encouraging volunteerism.
-The City held its first Volunteer Fair in
years in May 2018.
-Approximately 70 organizations
attended as tabling partners to
showcase their various volunteer,
internship, and program opportunities.
-About 2,000 individuals of varying
demographics came to find their
volunteer match.
-Additionally, the Fine Arts League of
Cupertino hosted an art show in
Community Hall.
-Providing entertainment for the event
were Cupertino’s very own volunteer
organizations, the Harmonikatz and
InaTalent.
-The City received positive feedback
from both attendees and tabling
partners and several requests to host
this event again.
-Numerous organizations stated that
they had received the highest sign-up
rates at this event.
The City plans to host another
Volunteer Fair event in May
2019.
Completed Approximately 70 organizations attended as
tabling partners to showcase their various
volunteer, internship, and program opportunities.
About 2,000 individuals of varying demographics
came to find their volunteer match.
May 2018 $7,300 $7,300 300 Colleen Lettire City Manager's Office
Economic Development
Website
Streamline City web content for
new businesses. Develop an
integrated approach for
outreach and marketing to
brokers, business owners, and
others as a center for
innovation and the heart of
Silicon Valley.
-The layout has been changed to be
more user friendly, and new information
and resource links have been added.
-A Shop and Dine app/map has been
added as a resource to visitors, as well
as a valuable marketing tool to
promote local businesses.
-Valuable content and links on existing
site. www.InBusinessCupertino.com.
1) Will continue to assess the
needs of businesses and add
helpful resources.
2) Work with the City's Public
Affairs/ Communications team
to redesign the Economic
Development webpages within
the Citywide website
enhancement.
Summer 2018 Completed Have an updated and user-friendly website.Summer 2018 $200 $200 100 Angela Tsui City Manager's Office
Citywide Branding
Strategy
Update 10-year-old brand
guidelines (official colors and
fonts), create Citywide
templates (letterhead, staff
reports, proclamations,
certificates, and PowerPoint),
release new email signatures to
ensure consistency and
professionalism throughout
public communications.
Branding standards have been
developed and staff has been trained.
Completed Branding guidelines established.February 2018 $10,960 $10,200 300 Brian Babcock City Manager's Office
Citywide Community
Engagement: Open City
Hall
Develop strategies for
better engaging with the public
on City issues and provide staff
with tools and training.
-The City unveiled Open City Hall, a
public survey tool, in May 2018.
-Since then the City has released eight
surveys to residents and received 2,037
responses.
While initial goal is met, the City
is investigating the expansion of
Open City Hall, using it as more
of a social networking and
engagement platform than a
survey tool.
Completed Released eight surveys to residents and received
2,037 responses.
May 2018 $12,000 $11,000 150 Brian Babcock
Bill Mitchell
City Manager's Office/
Innovation & Technology
Public Engagement and Transparency
3
567
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Public Building Condition
and Use Assessment
1) Determine priority
assessment of buildings for
future improvements.
2) Analyze selected buildings
for facility use efficiency.
Project completed Implement assessment
recommendations.
February 2018 - March
2019
Completed Assess condition of City-owned buildings and
determine maintenance budget for city facilities.
March 2019 $200,000 $163,757 800 Roger Lee Public Works
Weekend Work Program Ensure efficiency of program.-Reviewing current practices and
gathering data from staff.
-Analysis has been completed and
program still is shown to provide good
value to the City.
Complete evaluation within the
department and determine the
value of labor received from
participants vs. the value of full-
time employees to monitor the
program.
November 2017 -
January 2019
Completed Validate efficacy of program January 2019 N/A N/A 120 Carl Valdez Public Works
Implement ActiveNet
Registration Software
System
Replace the current recreation
registration software with a
cloud-based software version
to enhance service at the
Quinlan Community Center,
Sports Center, Senior Center
and other recreation facilities
as appropriate.
-Staff have negotiated a contract with
ActiveNet with project implementation
and training in the Spring and Summer
of 2018.
-The project software was successfully
launched on October 2, 2018.
Continue with phase in of all
modules of the software
package.
Completed ActiveNet implemented October 2018 $55,000 $54,753 3060 Rachelle Sander
Bill Mitchell
Recreation & Community
Services/ Innovation &
Technology
Project Title Project Objective Progress to Date Next Steps Timeline Current Status Performance Goal Completion
Date
Est. Total Budget
(not including staff time)
Actual Expense
to Date
Est. Total
Staff Hours Staff Lead Department
Support the Creation of a
Film Society
To increase art opportunities in
the City. The goal is to support
the creation of a film society
based on a request by
interested citizens.
Staff to develop film permit
application process. Council to
provide direction on whether or
not to create an ad hoc
committee of community
volunteers to work with staff on
the permitting process and
developing an outreach
strategy.
Fall 2020 Cancelled Create mission statement and work plan Cancelled N/A N/A 50 Angela Tsui
Catarina Kidd
Community Development
Public and Private Partnership
Operational Efficiency
4
568
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:119-5218 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:3/20/2019 City Council
On agenda:Final action:4/2/2019
Title:Subject: Consideration of resolution to change the order of business for Regular City Council
meetings to move "Reports by Council and Staff" ahead of "Oral Communications" (continued from
March 19)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Adopted Ordinance No. 11-2081
B - Adopted Resolution No. 11-176
C - Draft Resolution
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Consideration of resolution to change the order of business for Regular City Council
meetings to move "Reports by Council and Staff" ahead of "Oral Communications" (continued
from March 19)
Rescind Resolution No. 11-176 and adopt Resolution No. 19-024 changing the order of
business for Regular City Council meetings to move "Reports by Council and Staff" ahead of
"Oral Communications"
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4784 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:12/20/2018 City Council
On agenda:Final action:4/2/2019
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council4/2/2019 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 3/28/2019Page 1 of 1
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