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CC 03-19-01 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, March 19, 2001 6:45 p.m. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Prescntation by Ms. Liz C-alleges, Executive Director of the No~,hwest YMCA, acknowled~ng City support for its programs. 2. Presentation of certificate to honor Miguel Migliaccu and Paul Tognetti for discovering and returning Dr. Lawrence Hooper's wallet. 3. Annual report fi~m Telecommunications Industry (video presentation). POSTPONEMF. NTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on thc 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 thc public, it is requested that items 4 through 19 be acted on simultaneously. 4. Approval of minutes: Fabv~nry 5 and March 5, 2001 5. Accounts payable: March 2 and March 9, Resolution Nos. 01-065 and 01-066. 6. Pal/roll: March 2, Resolution No. 01-067. 7. Support for Senate Bill (SB 10-Soto), Safe Routes to School Construction Program. 8. Improvement Agreomant, Tal-Tsong Wang And Pau-Ling Sophia Yen, Co-Trustees of the Wang Family Trust Dated May 2, 1995, 21909 San Fernando Avenue, APN 357-15- 047 & 357-15-048, Resolution No. 01-068. March 19, 2001 Cupertino City Council & Page 4 Cupertino Redevelopment Agency Vice-Mayor Lowenthal: Animal Control Association of Bay Area Governments Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Cities Association- Alternate Santa Clara County Committoe on Housing and Colnmnnity Development Block Grant Pro~uri - Alternate Santa Clara County Library District IPA Board of Directors Santa Clara County Transportation Agency Porlcy Advisory Committee - Alternate Teen Task Force - Alt~,,mte West Valley Mayors and City Managers - Altraimtc Councilm=-~ber Bumctt: ABAG Board of Directors, Santa Clara County Cities Association Representative North Central Flood Control Zone Advisory Committee Northwest Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Committee on Housing & Community Development Block Grant Santa Clara County Library District JPA Board of Directors - Alternate Santa Clara County Solid Wasto Commission - North County representative Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Sports Center ExpAnsion Committee Councilmember Chang: Association of Bay Area C-overnments - Alternate Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Lia/son Santa Clara County Emergency Preparedness Commission- Alternate Sports Center Expansion Committee - Alterrtate Councilmember- vacant Sister City Committee - Toyokawa CLOSED SESSION Lawrence B Hooper, M.D., Inc. 500 East Remington Ddve Ste 20 Sunnyvale, CA 94087 Fax (408) 245~131 ' ~ Ib~hooper-md.com (408) 245-4048 2-1-2001 .'~V~vor Sand~ City of Cup,hmo Cul~rtino, CA 95014 ~: ~ ~ ~ ~yor l~, ~~fo~~ lO:OOml~my~W~of~ a~ si~ f~ ~ I ~ t~t I ~u~,.no ~ll~ on ~e d~y or ~e ~. ~ ~ ~ ~ ~, l ~t h~ ~d m ~ S~ ~ ~ Tom A~ obj~ ~d p~ s~ ~ ~ ~ up ~ p~ ~d ~ ~ ~ ~~w~o~. ~wo~ b~ ~d 1~ ~ ~m m~. I ~ l~E ~ ~ ~r a ~p ~d ~ s~ b,~ do,~ ~ ~ ~ ~c ~ ~ ~ d~ ~ I ~d n~ have replay& DP. AFt MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, Febr~_~*~ 5, 2001 CALL TO OPal)ER At 5:00 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led thc Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett end Michael Chang. Council members absent: None. Staff present: City Clerk Kimberly Smith. NEW BUSINESS 1. Interview candidates for the Audit Committee, Library Commission, and Fine Arts Commission. - City Council interviewed Ginian Enos, Stephen Richards, and Vineet Kumar for the Audit Committee. Gillian Enos was appointed to a full term ending January 2005. Janet Riddell, Eno Schmidt~ Vineet Kumar, Charles Liggett, and Edward Jajko were interviewed for the Library Commission. Janet Riddell end Eno Schmidt were appointed to full t~mm enaing January 2005. Barbara Phelps end Gillian Enos were interviewed for the Fine Arts Commission. Barbara Phelps was appointed to a partial term ending January 2002. RECESS 6:35 - 6:45 P.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council me/~bers pr'-~ent: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. .- Staff present: City Manager David I~n?p, Community Development Director Steve Piasecki, Parks end Recreation Director Therese Smith, Planner I Peter Gilli, Planner H Colin JunE, Public Works Director Ralph Qu,lls, and City Clerk Kimberly ~mlth. February 5, 2001 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS 2. Reco/nition of Santa Clara County Sheriff Laurie Smith, the Sheriff's Office, and the Sheriffs Emergency Response Team (SERT) Sheriff Laurie Smith gave an update on the bomb threat at DeAnza College. She explained that public safety officials were notified about photographs of a person with what appeared to be bombs and weapons. A search of his home uncovered those materials, as well as apparent plans for an attack on the campus. In the interest of safety, approxhnately 13,000 students were evacuated while the campus was searched. The investigation is ongoing. She commended the two young women who had been involved in making the in/rial call, as well as the San Jose Police Department for their follow-up. Sheriff Laurie Smith introduced Commander Dave Clifford, Capt. Jeff Miles, Watch Commander Lt. Nancy Ludcke, and Lt. Pete Rode of the Santa Clara County Sheriff's Office. She explained that Cupertino contracts for public safety services with the Sheriff's Office. The city does not need a full-time emergency response team, or detective bureau, but when there is a need for those special skills they are immediately available, and the officers are fully trained and experienced. Thc Council members and the City Manager offered their individual thanks and appreciation for how well this incident was hnndled. Mayor James read a proclamation honoring the Santa Clara County Sheriff's Office, Kelley Bennett, and Michelle Houdc. James said that there will be a community Fathering to honor the Sheriff's Department Ms. Bennett and Ms. Houde, and the De~nT~ College staff. Also, a scholarship fund has been set up to benefit Ms. Bennett and Ms. Houde. It will be handled through the Foothill-DeAnza College Foundation. POSTPONEMENTR - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang moved to approve the itmns on the Consent Calendar, as recommended, with the exception of itea~s 3, 16, and 17 which were pulled for discussion. Bumett seconded and the motion can/ed 5-0. 4. Accounts payable: Jantmry 5, January 12 and Jan,_n,-y 19, Resolutions 01-029, 01-130 and 01-039. February 5, 2001 Cupertino City Council Page 3 5.Payroll: January 19, Resolution 01-031. 6. Treasurer's Budget Report - December 2000. 7. Adoption of annual investment policy. 8. Annexation: Setting date for consideration of reorganization of area designated "Lavina Court 00-I1", property located on the north side of Lavina Court between Flora Vista Avenue and Ann Arbor Drive; approximately 0.26 acre, Wong and Fang (APN 326-08- 024), Resolution No. 01-032. 9. Recommendation of the Planning Commission for the representative and alternate to the Environmental Review Committee. 10. Review of applications for Alcoholic Bevv~,ge Control licenses: · Erik's Deli Cafi, 19652 Stevens Creek Boulevard · Chipofle Mexican Grill, 10385 S. De AnTs Boulevard ll. Approving the final map of Tract No. 9251, located at 7359 Rainbow Drive; developer SQl Development Company, Inc.; accepting certain easements; authorizing signing of final map and execution of agreement, Resolution No. 01-033. 12. Approving contract change order No. 11, Cupertino Senior Center, Project 99-9210, in thc credit amount of ($7,504.00), Resolution No. 01-034. 13. Acceptance of city projects performed under contract: Miller Avenue Bicycle Facility Improvements and Stelling Road Bicycle Facility Improvements 14. Establishing an annual Disadvantaged Business Enterprises Goal, Resolution No. 01-036. 15. Increasing part-time hourly rates for Parks and Recreation staff, Resolution No 01-037. Vote Members of the City Council AYES: Bumett, Chang, lames, Lowenthal, NOES: None ABSENT: None ABSTAIN: None February 5, 2001 Cupertino City Council Page ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Minutes: January 8 and January 9, 2001 regular adjourned meetings, January 16, 2001, regular meeting, and January 19 regular adjourned meeting. The City Clerk noted corrections to the minutes of Jan. 19: Council mcrnber Statton's name should be deleted, duplicate text removed, and the word "new" be added to the phrase about initiatives for 2000-2001. Lowenthal moved to approve the minutes as corrected. Bumett seconded and the motion carried 4-0. 16. Authorize staff to amend the FY 2000-2001 operating budget, add the permanent full- time position of Senior Civil Engine~ in the Public Works Engineex~g Division and allocate $35,000 from thc FY 2000-01 CIP to fired thc position, Resolution No. 01-035. Lowenthal asked if the C~ is the appropriate place to budget this position, or should the money be moved to the operating budget. The city manager said it was very typical at the entire cost of the capital project to shown, including staffing costs to manage the project. Lowenthal moved to approve the item. Bumett seconded, and the motion carded 4-0. 17. Change order request to purchase and in~tall a 72" Box Coast Live Oak at the Senior Center for the Veteran's Memorial. Lowenthal said he had expected to see a proposal for veterans' recognition at the Senior Center, as opposed to the budget approval item tonight. Bumett agreed that he would like more information. Parks and Recreation Director Therese Smith said that at the last meeting Council had discussed three items: making a contribution to the memorial in Washington D.C., doing something at the Senior Center, such as a tree or flagpole, and adding some public art at the senior center. She had contacted the architect and landscape architect, and they felt a flagpolc would bc redundant, since thc one in Memorial Park can be seen from the Senior Center. The public art would be considered as part of a separate process. She put this item on the agenda so a change order could be made to the contract before the senior center landscaping was concluded. However, if the council wished to wait and see the plans for this change, theie would not be much cost difference. Bumett said he didn't think the city could go wrong with an oak tree, and he had confidence in the architects. He moved to approve item No. 17. Chang seconded, and the motion casvied 4-0. February 5, 2001 Cupertino City Council Page - PUBLIC HEARINGS 18. Fee increases for group picnic areas and Blackberry Farm, Resolution No. 01-038. Parks and Recreation Director Smith re'viewed the proposed fee increases. It was noted that the new fees shown in the staff report were the same as the existing fees, but the resolution attached to the staff report was correct. Grou0 oicnic fees Cupertino Resident $55 Non-Resident $80 Cupertino Business $75 Non-Resident Business $100 Blackb~l.y Farm Golf Course Weekdays $11 Weekends $13 Blackberry Farm Picnic Grounds Weekdays: adult $6, youth $5 Weekends and holidays: adult $8, youth $6 Bumett moved to adopt Resolution No. 01-038 approving the fee increases. Chang seconded and the motion carried 4-0. 19. Construction noise: application 04-SP-00, public hearing to consider modifications to the Cupertino Municipal Code. A Negative Declaration is recommended, and this item is recommended for approval. (a) First reading of Ordinance No. 1871, "An Ordinance of the City Council of the City of Cuperiino Amanalng Chapter 10.48 of the Cupertino Municipal Code Regarding Community Noise Conlrol." Planner H Colin Jung reviewed the staff report, and said that the planning commission recommends the following amendments: 1. Tighten up early morning conah-ction hours and prohibit construction activities on holidays. 2. Address the long duration cor~haction activities of hired building conlractors without affecting sporadic work of homeowners and ranchers. 3. In, i-eased pcnalty for code violation to create greater deterrence. 4. Clarify confllcti,~$ and confusing language. 5. Add specific limitations on conslmction deliveries and pickups. 6. Tighten up time restrictions on helicopter usage. _ Director of Public Works Ralph Q,,slls said that the Public Works staff did not agree with the recommendation to change ~he workday construction start time from 7 a.m. to 8 a.m. He explained that the conUactors lille to get their employees, vendors and supplies on the project site before the commute gets very heavy, to avoid scheduling delays and increased Febmar~ $, 2001 Cup~ino City Council Page 6 cosLs. He said there are at least nine other cities in the county that still enforce the 7 a.m. start time, and one uses 7:30 a.m. The exception pwcess is fairly cumbersome. Council discussed appropriate starting times, the feasibility of changing the schedule of the enforcement staff so they are on duty by 7 a.m., and whether fines should be increased. Quails noted th_st violation of this ordinance would now be a misdemeanor, so fines have been effectively in, eased by a factor often. Lowenthal moved to approve the ordinance as recommended by Planning Commission, with the exception that the weekday start time shall remain at 7:00 a.m. Burnett seconded and the motion carried 4-0. Bumett moved to approve a Negative Declaration. Chang seconded and the motion carded 4-0. Thc City Clerk read thc title of thc ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that thc City Clerk's reading would constitute the first rending thereof. The motion carried 4-0. PLANNING APPLICATIONS 20. Review of pinn Brothers application 05-TM-00 for a tentative map to subdivide a parcel into two lots for an approved planned development; one lot for the residential use (46 condominium units) and one for the retail/office use at 19979-19999 Stevens Creek Boulevard, APN 316-21-029. This item is categorically exempt, and it is re~'x)rnmended for approval. Planner I Peter Gilli reviewed the staff report and site plan. Bumett said housing is a critical issue for this comr~lunity. The 6,000 sq. 1~. of oi~ce in this project will generate about 24 new workers, which will require about 16 dwelling units. This development will provide 46 new housing units, so he was happy to support it. James said she hoped that other developers would follow this example and help the city with its housin//jobs imbalance. Bumett moved to approve the application per Planning Commission Resolution No. 6076. Chang seconded and the motion carried 4-0. UNFINISHED BUSINESS - None NEW BUSINESS 21. Detznnlne process to fill City Council vacancy created by resignation of John Statton. The City Attorney reviewed the staff report, and explained that the council had 30 days from the vacancy to either appoint a successor or call a special election. If the election were called today, it would have to occur in June. If they walt until Neb 15 or 14, the Fcbnlar~ §, 2001 Cupertino City Council Page 7 election would take place in November. Having the election in November would save the - city npproximately $65,000. If the special clecfion were called before then, it would occur on June 5, and would cost approximately $65,000 since it would not be consolidated with other elections. There are two othe~ City Cotmeil seats also open in November. Council concurred to continue this item to a regular adjourned meeting Tuesday, Feb. 13 and direct staff to prepare a draft resolution calling for a special election on Nov. 6, 2001. They will also consider canceling the regular Feb. 20 council meeting at that time. 22. Authorization to proceed with a General Plan Amendment and request rezoning to accommodate additional office, retail, and residential development at Town Center (bounded by S. De Anza Boulevard, Rodrigues Avenue, Torte Avenue, and Pacifica Drive). Council member Lowenthal said he would abstain due to a potential conflict of interest, since he owned property within 300 feet of the project area. He expects to t~,,,tinate thnt interest soon. A video roll-in was shown. The proposed mixed-use development on 12 acres would include 223,000 sq. fl. of corporate office space, 194 apa~ttuents, and 32,000 sq. fl. of retail/commercial space with undel~und paridng. Community Development Director Steve Piasecki said the property is currently zoned for commercial office and residential · - land use, and is within the Heart of the City planning area. It will be necessary to change the General Plan and Heart of the City text will have to be modified related to development intensity and height of buildings. The zoning will also have to be amended to include retail, hotel, and residential land use components. He said thnt Council has had two previous study sessions on this project. The applicant will be expected to address the list of 19 conditions which are a result of those study sessions. Also, the applicant has included additional housing in Phase H of his project area, and is willing to consider additional housing on site A-l, across the street, which had some housing but not as much as could be provided if the paridng is relocated. Staff expects it may be possible to provide more housing in the 7 acres not owned by this applicant. Mr. Ewe Conens asked if tho-e is anything the city can do to produce power for all these new homes and businesses that are being added. Public Works Director Ralph Quails said no. Santa Clara and Palo Alto have been in the business of producing their own power for a long time, but that opportunity has passed for Cupertino. Applicant Deice Hunter reviewed the proposed Civic Park site plan and building elevations in his PowerPoint slide presentation. He said this would only be a conditional approval on Council's part and would allow them to investigate the feasibility of the project. There will be trade-offs to consider, such ns rental vs. for-sale housing, location of library parking, etc. The intention is to provide a downtown that would be a nexus _ between City Hall and City Center. The site plan reflects their vision of a downtown which connects DeAnza Boulevard to the Civic Center/library. There will be over a half- acre park area with a history walk, water features, etc. February 5, 2001 Cupertino City Council Page 8 Anna Polman-Black asked why so much of the city is being built up, and there will be no open space left. It is get,lng too dense, and she asked council to save some space. Piasecki said thc half-acre park will be in addition to the open space that exists today. James noted that thc soccer field will also be retained since thc new library location was changed. Chang said this developer has already created one outstanding building in the community so thc council knows he can deliver an exciting and aesthetically pleasing project. He suggested consideration be given to other names, and said that perhaps Town Center is still the best description of the new "downtown" feel to be created here. Bumett said he shared the concerns expressed by the citizens but people must adapt as gracefully as they can to the growing population and dynamic economy. He was very concerned about existing and potentially worsening housing si~_,_afion, and said it was important that the council specify land use to got market rate and below market rate housing. Ho was in support of the project, but wanted it to be housing neutral. James said she understands the concerns about density and open space, and this project goes.a long way to address both of those. It be~ns to define a downtown, and she felt this was a wonderful design. She also appreciated the fact that the developers welcome community input. She agreed with Chang's suggestion about the furore name of the center. Bumett moved to authorize staff to initiate a public hearing to consider amendments to the general plan and the Hea~ of the City Specific Plan, subject to the conditions and findings contained in the model resolution (Resolution No. 01-040). Chang seconded and the motion carried 3-0, with Council member Lowenthal abstslnlng. 23. Amendments to the Municipal Code as they relate to Bicycle Routes and Lanes: a) First readi~ of Ordinance No. 1872, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to the Designation of Bicycle Routes to Delete Foothill Boulevard from Stevens Creek Boulevard to McClellan Road and Bollinger Road from Klm Street to De Anza Boulevard and Add Bicycle Routes on Miller Avenue from Calle de Barcelona to Stevens Creek Boulevard." b) First reading of Ordinance No. 1873, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08,250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes to Add Bicycle Lanes at Various Street Sesments." The City Clerk read the title of Ordinance 1872 and 1873. Bumett moved and Chang seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first l-q_.nding thereof. Motion carried 540. February S, 2001 Cupertino City Council Page 9 .... ORDINANCES 24. Second reading and enacunent of Ordinance No. 1868, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28, Single Family Residential Zones (R-l) of the Cupertino Municipal Code." The City Clerk read the title of the ordinance. Bumett moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. BurneR moved and Chang seconded to enact Ordinance 1868. The motion carried 4-0. 25. Second ~alng and enactment of Ordinance No. 1869, "An Ordinance of the City council of the City of Cupertino Amending Chapter 3.25 of the City's Ordinance Code to Add Section 3.25.100 to Provide for the Transfer of Surplus Supplies and Equipment to CertAin Public Agencies and Charitable Corporations." The City Clerk read the title of the ordinance. Chanl~ moved and Burner seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. · - Chang moved and Bumett seconded to enact Ordinance 1869. The motion carried 4-0. 26. Second reading and enactment of Ordinance No. 1870, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes on De Anza Boulevard from Homestead Road to State Route 85." The City Clerk read the title of the ordinance. Burner moved and Lowenthal seconded to read thc ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Burner moved and Lowenthal seconded to enact Ordinance 1870. The motion carried 4-0. STAFF REPORTS 27. Staff report on'traffic level of service (LOS) at Cupertino signalized intersections. Public Works Director Ralph Qusl~= reviewed the staff report and attachments which came from the Valley Transportation Authority (VTA) Congestion Manas~,uent Program (CMP) 2000 Performmge and Monitoring Report. Quails said that within ~, traffic c, onditiolls hay0 improved from 1990 to 2000, and the level of service at the Consestion Mnnag~..,,~*~t Pro~ram (CMP) intersections has improved from a year ago. There are no CMP intersections in Cupertino at a level of February 5, 2001 Cupertino City Council Page 10 service "B" or "F". Quails said that compared to other Bay area cities, and even other regions of California, Cupertino is not experiencing serious traffic congestion. This may be contrary to popular perception, but it is certainly not as serious as thc traffic in other cities or on state highways and county expressways. Quails said this also shows the urgent need to continue the city's efforts in regard to traffic improvements on the street system to allow for continued economic development, protect residential neighborhoods from cut-through traffic, and insure that the city maintains or improves the current level of service. COUNCIL REPORTS Council member Lowenthai congratulated Mayor James on the excellent State of the City address. He gave an update on The Union Pacific Trail and said that Cupertino is thc lead on an inter-city task force involving the cities of Los Gatos, Saratoga, Campbell, County of Santa Clam Parks and Recreation, and the Valley Transportation Authority (VTA). Lowcnthal said there is a citizen task force meeting on the alignment of Stevens Creek Trail. There was a walk-though with staff last week on the San Thomas Aquino/Saratoga Creek Trail. He also talked about the Economic Development Team, and said that developer Deke Hunter was in one of those meetings about a year ago when they talked about the need for a kind of downtown in Cupertino. Council member Chang also offered his congratulations on the State of the City address, and talked about several festivities he had attended related to the Lunar New Year, including some events at the Chinese School, the Chamber of Commerco lunch, a performance at Flint Center, and a rave-like an,~cc at DeP, nT~ College. Bumett said most of his activity in Sanuary was related to thc Association of Bay Area Governments (ABAG), which is working a ~uart-growth scenario to predict growth into 2020. Mayor lames said that the Lunar Luncheon was held at Hong Fu Restaurant to celebrate the Chinese New Year and it was a great success. She talked about the fourth annual Chinese Performing Arts of America performance which is always outstanding, and this year's event also included a performance by a Flamenco dance group. James thanked the Cupedlno Rotary and the Cupertino Chamber of Commerce for hosting the State of the City luncheon. She also mentioned that she was chair of the West Valley Mayor and City Managers this year, and had changed the format so that the luncheon was held in a different location in Cupertino each month, which ~ives the city a chance to feature its restaurants and businesses. Some of the locations will include Apple Computer, the Cupertino Senior Center, the Outback Cafi, Blackberry Farm, and Portal Software. She announced that Apple Computer is donating 9 ]Macs and the technology, training, and support system for them, for the new Cupertino Senior Center. CLOSED SESSION At 8:30 p.m., Council recessed to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real property pursuant to Govemment Code Section 54956.8, regarding the potential lease of Compaq property for skate park. February 5, 2001 Cup~,Gno City Council Page 11 At 9:25 p.m. Council reconvened in open session. Thc City Attorney announced that no action had been taken. Staffhad be~n given direction to come back at another closed session. At 9:25 p.m. Council adjourned to Tuesday, Feb 13, 6:45 p.m., in the City Council Chambers. Kimberly Smith, City Clerk DRAFI' MIEU'I~-q -- CUPERTINO CITY COUNCIL Special Meeting Monday, March 5, 200! ROLL CALL City Council membca., present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Staff' present: City Manager David Knepp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, City Clerk Kimberly Smith and Deputy City Clerk C-race $ohnson. CITY COUNCIL WORKSHOP - 4:00 p.m. - Conference Room C/D 1. Visioning process for general plan review. Community Development Director Steve Piasecki hi~hlighted the general plan review process and explained a brainstormi,~g exercise for the City Council. The City Council members listed .... Cupertino's outstanding features and a list of the amenities that they would like Cupertino to have. The positives included the many comm-,~ity centers, parks, open space, schools, youth activities, partnerships, restaurants and ente~inment. Negatives included the poor health of the shopping malls, affordable housing and traffic congestion. The characteristics that the Council would like to incorporate into the Cupertino vision included trails, ways to reduce the need for auto transportation, valuing multi-cultural diversity, preserving open space, retaining a suburban community with urban centers, more diverse and mid-range housing, safcty, recreation, valuing the hish-tech community and a more healthy economy. A general discussion ensued regarding traffic level of service (LOS) at city intersections and whether more emphasis should be liven to pedestrian movement instead of vehicle movement. City Council aireed to conduct another general plan workshop on April 9 at 4:00 p.m. in confcrence room C/D. Mrs. Penny Whittaker. and other members of the audience asked about the procedures associated with a general plan amendment for the Town Center project proposed by Hunter-Storm Develope~-s. Mayor Sandra James noted that a flyer had been di~hlbuted in the neighborhood encom-a~in$ citizens to attend the meefin~ tonisht and speak on that topic. She explained that the city did not yet have a formal application on this project but would be happy to accept names and addresses of those who wished to be placed on a notification list. Piaseoki distributed a siEn-up list and encouraged any interested individuals to contact his office for further information. March 5, 2001 Cupertino City Council Page 2 RECESS Council recessed at 5:40 p.m. and reconvened at 6:45 p.m. in thc City Council Chambers. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupen'ino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council memb~i-~ Don Bumett and Michael Chang. Council members absent: None. Staff present: City Manager David Ky?p, Admlnisi~tive Services Director Carol Atwood, Community Development Director Steve Piasecki,, Public Works Director Ralph Quails, Senior Building Inspector Grog Casted, City Clerk Kimberly Smith and D~puty City Clerk Grace $ohnson. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mayor James explained that a flyer had been dislributed in the neighborhood encouraging citizens to attend a meeting tonight to speak on the Town Center project proposal by Hunter- Storm Developers. She said that no formal application had been received but interested parties could sign up to be notified of future meeting. She also encouraged them to contact Hunter Storm developers directly, or the Community Development Director, for further infotmalion. She said individuals could address this topic under oral communications, if they wished. The following in~viduals expressed opposition to the Town Center project, citing concerns about traffic, density, increasing urbanization, loss of reasonably priced medical and dental leases, parking impacts and lack of notification by the city and the developer: Donna Comer, 20394 Town Center Lane Prabha Durgapal, 20309 Silv~o Avenue Dolano Garner Mariene Hanning, 20031 Pacifica Drive Cynthia Stephens, 20283 Pinntage Parkway Dennis Whittaker, 20622 Cheryl Drive Penny Whittaker, 20622 Cheryl Drive E~tmond Yuen, 20285 Pinntage Parkway March 5, 2001 ~o City Council Parc 3 Danielle Uyehara addressed the council regarding street traffic around Portal Elementary School and her concerns about more congestioii and air q~tlity if it becomes a middle school. She showed a petition to the Council with many signatures opposing the change. She asked if the city would consider a traffic/air quality study. Thc Public Works Ralph Quails and thc Community Development Director Steve Piasecld said thst if the school district does go ahead with their plans, they must follow the California Environmental Quality Act (CEQA) which requires some enviro,mentai evaluation. Lowenthal suggested having the city send the School Board a letter suggesting they do a traffic study. Quails commented that if the district does go ahead with their plans, then the city can make them aware of citizen concerns. CONSENT CALENDAR Bumett moved to approve the items on the Consent Calevdnr as recommended. Chang seconded and the motion carried 4-0. 2. Minutes: Febr-nry 2 regular adjourned meeting, February 13 regulnr adjourned meeting. 3. Accounts payable: February 9, Febn,_-,y 16, end February 23, Resolutions 01-046, 01- 047, and 01-O48. 4. Payroll: Febn~_nry 16, Resolution 01-049. 5. Treasurer's Budget Report, Ja~,,nry 2001. 6. Annexation: Making determinations and approving the reorgnniT~tion of territory designated "Lavina Court 00-11," approximately 0.26 acre located on the north side of Lavina Court between Flora Vista Avenue and .Ann Arbor Dlive; Wong and Fang (APN 326-08-024), Resolutiun No. 01-050. 7. Approving the final map of Tract No. 9325, located at 10060 South Stelling Road, Ta- Cheng Wang and Olivia Yen Shui Hsia, et al., accepting certain ea~t~ents, authorizing signing of final map and execution of agreement, Resolution No. 01-051. 8. Change Order No. 1, Homestead Road Arterial Management Phase I Project, Project 9525, Resolution No. 01-052. 9. Authm4zlnE the City Manager to execute ail California Depa, tment of Transportation Program Supplement agreements and any amendments to administer Agency-State Agreement No: 04-5318 for Federal Aid, Resolution No. 01-053. 10. Acceptance of improvements (documents not required): - (a) Lonal-g Dock, Symantec Coqmration, 10201 Tone Ave., APN 369-41-005 Co) Lisa Wang, 20819 Greenl~., APN 326-09-005 (c) Deblin 1 LP, 10840 Bubb Road, APN 362-02-027 -tq March 5, 2001 Cupertino City Council Page 4 11. Grant of easements for roadway purposes: (a) William Joseph Cboe, 10388 Byme Avenue, APN 357-14-032, Resolution No. 01-054 Co) Peizhen Zhang nnd Xiao-Bai Gu, 21095 San Femando Avenue, APN 357-15-046, Resolution No. 01-055 12. Accepting quitclaim deeds for underground water fights: (a) William Joseph Choe, 10388 Byme Avenue, APN 357-14-032, Resolution No. 01-056 Co) Peizhen ~Zhnng and Xiao-Bai Gu, 21095 San Femando Avenue, APN 357-15-046, Resolution No. 01-057 13. Improvement agreements: (a) William Joseph Choe, 10388 Byme Avenue, APN 357-14-032, Resolution No. 01-058 Co) Peizhen Zhang and Xiao-Bai Gu, 21095 San Femando Avenue, APN 357-15-046, Resolution No. 01-059 Vote Members of the City Council AYES: Bumett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM ~ CONSENT CALENDAR = None PUBLIC HEARINGS - None PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 14. Assign council member to Toyokawa Sister City committee. The Council requested more illformation on the meting schedule and potential travel 15. Ordering a special ~ses~nt on property for unpaid charges to remove debris and disinfect the prope~ looated at 20091 La Roda Court. (APN 369-34-340), Resolution No. 01-060. ~-~ 5, 2001 C~o ¢i~ Council Page Senior Building Inspector Greg Caste~l reviewed the staffrepon. Bumett moved to adopt Resolution 01-060. Lowenthal seconded and the motion carried 4-0. 16. Ordering a special assessment on property for unpaid charges for asbestos abatement, rodent abatement, and d~molition of prepay located at 19337 Phil Lane (APN 375-05- 027), Resolution No. 01-061. Senior Building Tn.qpector C_~reg Casteel rtwiewed the staff' report. Bumett moved to adopt Resolution 01-061. Lowenthal seconded and the motion carried 4-0. 17. Consider am~dmcmts to ordinance regarding campaign reporting and restrictions, and adoption ora re. solution setting campaign expenditure limits for 2001. City Clerk Kimberly Smith reviewed the staff report and explained thc major provisions of the current ordlnsnee which included: Candidates may accept $100 or less from each individu-1 or orgsni,~tion; they may be~n fundmising 6 months prior to election and - must stop accepting conln'butions 2 weeks prior to election; they must file extra pre- election disclosure statements; ifa complaint is filed about a potential violation, there is a review by an independent auditor, an appeal period, and a decision by an independent hearing judge. Violation is a misdemeanor. She also noted that the city council had adopted a voluntary expenditure limit of $20,000 for 1999. City Attorney Charles Killan explained the restrictions in greater detail. James said she had dealt with the provisions in her campaign four years ago, and in genexal she was in favor ofth~-,m, She approved of the $20,0(~) exl~ditlLre limit ~ the $]00 restriction un contributions. It makes it possible to accept conlributions from many people, and no one person can buy a vote. She was in favor of allowing fund-raising beyond the 14 dey limit because many people walt until the last minute to donate. This is a big disadvantage to candidates who calmot afford to fund their own campaigns. Burnett felt that the existing state regn]ations were adequate to protect against undue influence, snd the city's ordi~e is iL duplication of effort for the City C'lerk, He mentioned that he had been required to return $500 in donations which were given too ]ate in his campaign. It was more important for the candidate6 to be out walking precincts and contacting community members. He was in favor of removing some of the restrictions, or.even abolishing the ordlnsnce. _ Chang was in favor of the $100 contribution ]imlt because a broader participation by the population is positive, and he felt ii i~.~t thai the electorate know who had funded the campaign before the election, lie was willing to allow fund-raising beyond the 14 March 5, 2001 CUpertino City Council Page 6 day period, and suggested an increase of the voluntary disclosure limit to account for inflation. The City Attomey and City Clerk explained how the fourteen day cut-off for fund-raising allowed time for the independent auditor to identify any discrepancies, for them to make corrections, and for a hearing judge to nde on any violations so that the info~hation was available before the election. Council discussed the feasibility of relying on public disclosure of the campaign reports, instead of a more elaborate audit procedure. Lowenthal said he did not like' the rcdun,q,,~cy and extra paperwork, and the $100 contribution limit puts too much bias toward wealthy candidates who don't need to raise funds. He was. in favor of keeping the voluntary expenditure limit at $20,000. Kilian cautioned that the $100 contribution limit may not stand up in federal court, and may be thrown out in a few years. Council directed staff to (1) Come back with a resolution for 2001 setting the voluntary expenditure limit at $20,000, and (2) Amend the ordinance ch.nging the fund-raising cut- off to five days prior to the election for both candidates and committeeS, delete the provision for an independent auditor and heating judge, keep the provision that violation is a misdemeanor, and direct staff to make campaign disclosure reports available to the news media and to post them on the city's web site. 18. Selection of application deadlines and interview dates for an unscheduled vacancy for thc business representative position on the CUpertino Housing Committee. Klm explained that Linda Asbury is vacating her position on the committee. Council concurred to accept applications until Thursday, April 12, and to conduct interviews on Monday, April 16, at 6:00 p.m. in Conference Room A. 19. Development of the Union Pacific Railroad (UPRR) Trail The Public Works Director Ralph Quails reviewed the staff report explaining the actions involved the trail development project. He also clarified that the $160,000 of the $182,000 needed for the feasibility study is coming fi'om a cooperative agre~nent with the Valley Trlmaportation Authority (VTA), Santa Clara County and four other cities. Council commended Lowenthal for ~aking the lead on this issue and Lowenthal commended Ray Chon~ for his efforts in working out the MOU with so many different agencies. March 5, 2001 Cupertino C/ty Council Page 7 Bumett moved to adopt Resolution No. 01-062 authori=ing the City Manager to execute the Memorandnm of Understanding to study the feasibility of developing the Union Pacific Railroad Trail. Chang seconded and iht motion cmried 4-0. Burnett moved to authorizc thc City Manager to designate a staff represcntative and to select Ann Ng, if she is available, as the citizen representative for the Union Pacific Railroad Trail Task Force. Chang seconded and the motion carried 4-0. Bumett moved to appropriate additional monies in the mount of $182,000 for the feasibility study on the UPRR Trail. Lowenthal seconded and the motion carried 4-0. Bumett moved to adopt Resolution No. 01-063 authorizing the City Manager to execute the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Pm/p-am Funds Cooperative Agreement. Lowenthal seconded and the motion carried 4-0. Bumett moved to adopt Resolution No. 01-064 authorizing the Director of Public Works to negotiate and execute the feasibility study contract for the Union Pacific Railroad Trail with Alta Transportation Consulting. Lowanthal seconded and the motion carried 4-0. ORDINANCES 20. Second reading and ensctment of Ord/nance No. 1871: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Community Noise Conlrol." The City Clerk read the title of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0. Bumett moved and Lowenthal seconded to enact Ordinance No. 1871. Motion cmied 4-0. 21. Second reading and enacimant of Ordinance No. 1872, "An Ordinance of the City Council of thc City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to the Designation of Bicycle Routes to Delete Foothill Boulevard from Stevens Creek Boulevard to McClellan Road and Bollinger Road from Klm Street to De Anza Boulevard and Add Bicycle Routes on Miller Avenue from Calle de Barcelona to Stewns Creek Boulevard." The City Clerk read the flue of the ordinance. Lowenthal moved and Bumett seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second re_-~a~ng thereoL Motion carried 4-0. Lowenflml moved and Bumet~ seconded ~o enac~ Ordimmce No. 1872. Motion cmied 4-0. March 5, 2001 Cupertino City Council Page 8 22. Second reading and enactment of Ordinance No. 1873, "An Ordinaucc of thc City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes to Add Bicycle Lanes at Various Street Segments." The City Clerk read the title of the ordinance. Chang moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second resding thereof. Motion carded 4-0. Chang moved and Lowenthal seconded to enact Ordinance No. 1873. Motion carried 4-0. 23. Second readinl~ and enactment of Ordinance No. 1874: "An Ordinance of the City Council of the City Of Cupertino ,amending Sections 2.88.010 and 2.88.020 of the City's Ordinance Code Modifying the Composition of the Audit Committee and the Qualifications for Audit Committee Members." Thc City Clerk read the rifle of the ordinance. Burnett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's read/ng would constitute the second r~dlng the/eof. Motion can'ied 4-0. Bumett moved and Lowenthal seconded to enact Ordinance No. 1874. Motion carried 4- 0. STAFF REPORTS - None City Manager Dave Knspp introduced Rick Kitson, thc newly hired Public Information Officer and Grace Johnson, the new Deputy City Clerk. Director of Administrative Services Carol Atwood confirmed that the Council's budget workshop would be Wed., May 30 at 4:00 p.m. COUNCIl. REPORTS Lowenthal reported on Animal Control JPA. The committee is looking at the acquisition of property, in addition to deciding the fate of the old facility. A deadline of July 1 has been set. The 6 cities involved arc looking for a gmeral manager to nm thc animal control operations. Lowenthal also updated the Council on the Stevens Creek Trail. The task force of citizens and stakeholders is doing a good job of involving the community in its effort to continuously improve the trail. Chang attended a Portal Park neighborhood meeting of about 60-80 people. The citizens were unanimous in their desire to keep Portal Park unchm~ged and sent a clem' message to thc school disuict. March 5, 2001 Cupertino City Council Page Bumett and thc rest of the council thanked James for her lcadc~hip with thc Sergor Center and the grand opening ceremony. Bumett also spoke about his diagnosis of breast cancer and how well the treaUnents are going and that he and his doctors hope for a complete cure. Hc also wanted to recogniTe thc crossing guards for their many years of faithful service to thc City of Cupertino. James thanked Bumett for serving with her on the Senior Center comrnittcc and thanked the whole council for their involvement. She praised the contractor for making such a beautiful building on time and on budget. At least 500 people were at the grand opening and the Parks and Recreation and Senior staff worked very hard to make the ceremony a huge success. James was the speaker at the Northern California Hakka, a group that represents Chinese history. It was the group's 20~ anniversary and James represented Cupertino and gave proclamations. She also attended the annual dinner of the hmnlan Women's Federation and was the guest speaker at the Cupertino Community Services fimdraiser for the affordable housing project. She commended Bumett as a role model by continuing with his committee activities and bike riding even though his health is being challenged. CLOSED SESSION - None At 8:27 p.m. the meeting was adjourned. Kimberly Smith, City Clerk RESOLUTION NO. 01-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 02, 2001 WHEREAS, the Director of Administrative Services or her designated repr~scntative has certified to accuracy of thc following claims and demands and to the availabi!ity of funds for payment hereof; and WHEREAS, the said claims and deraands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from thc funds as hereinafter set forth in Exhibit "A". CERTIFIED: Direct& o£Adminis~xafive Services PASSED AND ADOPTED a~ a regular meeting of the City Council of the City of Cupertino this day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 03/01/01 CT'/~ OF CUPERTZNO PAGE ACCOUHTTNG P2AIOD: 9/01 C:~CX R~GT~'Z'~R - DZSB~S~A~2(T SE~,VCTZON C~/~ZA: ~ranaac~.~r~s_da~e becveen "02/26/2001" ~d "03/02/2001" ~ - ~1o - G~ ~ ~H AC~ ~ NO lSS~ ~ .............. ~R ............. ~/D~ ..... D~S~Z~I0~ ...... S~S T~ ~0~ ~020 582996 V 02/L6/0L ~00~ H~ X~0840~ ~ OF ~ ~ER 0.00 =2B0,00 ~020 583~63 02/28/0~ ~083 ~S~ ZNS~ S~V ~0~500 ~ L$~ZL~ ~N~ 0.00 6584,00 ~020 583~64 03/02/0~ 3 A ~ ~'~ ~L0832I P~TS & S~PLXES 0.00 99.83 L020 S831~5 03/02/0~ ~00~ A T · T B~ LL00000 ~ ~ P~ BUS ~ 0.00 X89.63 ~020 583~66 03/02/0~ 2~0 ~C ~ ~TXNG ~P LL08303 S~V~ ~ 0.00 75.00 1020 S83167 03/02/01 2099 A~ INC. 1104510 ~ICK N/~ 2/11/01 0. O0 374.00 T~ ~ 0.00 654.50 1020 583168 03/02/01 ~OOl ~, ~I~ 6104800 ~Z~. WI~S ~ GUID 0.00 54.47 1020 583169 03/02/01 ~001 ~ TI~ ~ 2617402 ~PIES OF DEED OF ~US 0.00 40.00 1020 583170 03/02/01 1680 ~E ~IX 1108101 ~I~I~ OF ~ 0.00 135.54 1020 583171 03/02/01 25 AZR C~D'~I~ INC 6308840 ~ 2000-2001 OP~ ~C 0.00 15~ 1020 583172 03/02/01 28 ~ 6308840 0.00 ~4.30 1020 S83173 03/02/01 918 ~ W~ ~L ~ T 5506549 ~S~ 4/24-27 ~C 0.00 19050.00 1020 583174 02/02/01 40 ~C I~S~IES ZNC 6308840 P~TS 0.00 21.05 1020 583175 03/02/01 1452 ~I~ ~I~ ~SO-D 1107302 ~PLZ~ 0.00 56.54 1020 583176 03/02/01 57 ~ 1104510 ~E ~F~E 1/9-2/ 0.00 220.27 1020 583177 03/02/01 993 JA~ ~D~.rY 5506549 S~PLIES ~I~ 0.00 49.59 1020 583178 03/02/01 720 ~%-~'~ SYS~ 6308840 ~ 2000-2001 O~ ~C 0,00 76.57 1~20 5~179 03/02/01 1475 B/~*S ~ ~ ~ ~ 1108302 TZ~/~I~ 0.00 2500.00 1020 583180 03/02/01 103 ~X ~LZSHI~ ~P~ 1104300 ~ 2000-2001 OP~ ~C 0.00 S00.00 1020 583181 03/02/01 104 ~ ~ZFE INS~ 6204550 ~Z~ ~S~ 0.00 2156.00 1020 583182 03/02/01 1066 ~-~ZS Z~Z 5208003 ~FZ~ ~Y 2001 0.00 98222.76 1020 583183 03/02/01 821 ~Z~ ~ ~Y IN 1104510 B~ ~Z~ 0.00 1330.00 1020 583184 03/02/01 133 ~-~ ~Z~ ~ ~ 6308840 1020 583184 03/02/01 133 ~-~ ~ ~ Z~ 6308~40 R~ DAT~ 03/01/01 TIME 1S:17.'41 - FZNANCL~d ACCOL,I~Y. HG 03/01/01 CZ'~"~ OF CUP~tTZNO PAGE 2 A~O~I~TTZIqC; PERZOD: 9/01 C~;CICR~GZSTER - DZSBURS~T ~%~CTZC~ CRZTERZA: cran~&cc.czans_d~ce becveen '02/26/2001' and H03/02/2001' FT.~D - 110 - G~qBRA3, 1020 583185 03/02/01 130 ~ZFO~IA P~ ~ ~ 1105201 ~ ~L B.RIZZO 0.00 140.00 1020 S83186 03/02/01 1476 ~ DESI~ ~ 110 ~8761 PROF~SIO~ SE 0.00 330.00 1020 583186 03/02/01 14T6 ~ DESZ~ ~O~ 110 R~8848 PROFESSIO~ SE 0.00 330.00. 1020 S83186 03/02/01 1476 ~ON DESI~ ~0~ 110 Rg8780 PROF~SZ~ SS 0.00 660.00 1020 S83186 03/02/01 1476 ~ DESZ~ ~O~ 110 R~8751 PROF~SIO~ SE 0.00 1100.00 1020 583186 03/02/01 1476 ~N DESI~ ~O~ 110 R~8848 PROFESSI~ SE 0.00 330.00 T~ ~CK 0.00 2750.00 1020 S83187 03/02/01 149 ~ 1101070 ~PLIES ~ ~ 2/20~ 0.00 12.23 1020 Sg31~7 03/02/01 149 ~ 4239214 S~-~Z~ ~H 2 0.00 1~.1q 1020 583187 03/02/01 149 ~H ST06450 S~S ~ ~V. TSK FORC 0.00 144.99 1020 583187 03/02/01 149 ~H 110~6~1 S~PLZ~ ~ CSH 2/20- 0.00 3.00 1020 S~3187 03/02/01 149 ~H 1108101 S~ ~ CSH 2/20- 0.0D 23.74 1020 583187 03/02/01 149 ~H 1108001 O~A ~ ~ CSH 2/20- 0.00 45.00 1020 58318~ 03/02/01 149 ~H 1107501 L~ ~ ~ ~H 2/20 0.00 10.00 1020 583187 03/02/01 149 ~H 1104510 S~Z~ ~ ~H 2/20- 0.00 3.23 1020 583187 03/02/01 149 ~H 1104400 S~I~ ~ ~H 2/20- 0.00 36.13 1020 S83187 03/02/01 149 ~H 1104000 ~IES ~ C~ 2/20- 0.00 9.58 ~ ~ O.OO 306.07 1020 583188 03/02/01 105q ~ZDI~ B~FZTS SERVZC 110 *~ ~ 0.OO 28' 1020 583188 03/02/01 1057 ~ID~B~ZTS S~VZC 110 ~ ~ 0.00 454.60 1020 5~31~9 03/02/01 1820 ~ZD~ ~FZTS S~RVZC 110 ~.~B DE~000 N/D ~ 0.00 32.80 1020 583190 03/02/01 1156 ~ 110 ~ 0.00 117.00 1020 583191 03/02/01 911 ~ ~ 1108601 I~VZ~ P~L ~ 0.00 60.45 1020 583192 03/02/01 1453 ~ZS~ ~P~ SBRV 1105501 1020 5~3194 0~/02/01 183 ~ SHZ~S i ~SO ~ 110 GgO~ZC ~T R~8765 0.00 1397.50 1020 583195 03/02/01 ~001 ~TZ~ I.O.O.F. ~ 1100000 ~ BZ~O ~Z~ 0.00 50.00 1020 583196 03/02/~1 1~7~ ~TZ~ ~-N-~ ~ 4249210 S~E 1020 58~197 03/02/01 1964 ~ ~ ~ ~ 1~01500 '~E ~ ~ OF 0.00 4112.00 1020 5831~8 03/02/01 676 DSP~ OF ~Z~ 1104510 F~ ~PS 0.00 32.00 1020 58~199 03/02/01 1962 DZGZW~ ~PZ~ M~ 6109853 ~ ~S 0,00 4675.00 1020 583200 03/02/01 220 DZS~ S~ ~Y 5806349 ~Z~ P.O. 1408v 0.00 2ii.l? RUN DAI~ 03/01/01 TINE 15:17:42 - FI'li~Y. ltL ACCO~Z~ ~,,....~ ~ ACCT CHECK NO IS~ DT .............. VEHDOR ............. FOHD/DEPT ..... DES~I~T~ON ...... ~S TM( AM0~IT 1020 583202 03/02/01 1473 ~14PXi~ EQU'Xt~d~IqT CO 6308840 PO~R C~ PROTECTION 0.00 1848.00 1020 583203 03/02/01 242 EMPLOYP~NT DEVEL DE~ 110 SIT 0.00 14085.64 1020 583204 03/02/01 243 ~ D~ 110 ~I 0.00 878.13 1020 583205 03/02/01 ~001 ~E & O~K 6104800 ~X~XON I ~ 0.00 39..95 2020 s82206 03/02/0~ 2204 F2~ P~L2 ~I~-2u~ 4269222 Sn~= ~ ~R 0.00 525.00 1020 s8320~ 03/02/01 ~001 ~, ~ 5806349 ~ ~ ~ C 0.00 68.00 1020 s83208 03/02/01 281 ~ 6308840 ~ 2000-2001 o~ ~c 0.00 36.90 2020 s83208 03/02/02 282 ~ ~08222 P~TS/SuF~XES 0.00 32.94 2020 S82208 03/02/0~ 281 ~ 6308840 ~ 2000-2002 O~ ~C 0.00 86.2~ 1020 583208 03/02/01 281 ~ 1108314 P~TS/~OF~ZES P O 106 0.00 S19.91 ~020 582208 03/02/02 281 ~ 6308840 ~ 2000-2001 O~ ~ 0.00 46.22 ~020 S82208 03/02/0~ 281 ~ 6308840 ~ 2000-300~ O~ ~C 0.00 S3.S2 ~ ~ 0.00 1020 583209 03/02/01 182~ ~E*S ~ & S~V 6308840 ~ ~R P.O, 1076 0.00 1~2.18 I 583210 03/02/02 298 ~ INC 1108504 ~ 2000-2001 OP~ ~C 0.00 155.4~ 1020 583210 03/02/01 298 ~ XNC 6308840 ~ 2000-2002 OP~ ~C 0.00 S2.22 2020 S83220 02/02/02 298 ~ ~C 6308840 ~ 2000-2001 O~ ~C 0.00 35.66 2020 S82220 03/02/02 298 ~ INC ~108504 ~ 2000-2001 O~ ~C 0.00 10.97 1020 583210 03/02/01 298 ~ INC 6308840 ~ 2000-2002 O~ ~C 0.00 ~8.22 1020 583210 03/02/01 298 ~K ~ 2~08506 ~ 2000-200~ 1020 583210 03/02/01 298 ~ X~ 2208S03 ~ 2000-2002 OPn ~C 0.00 36.50 ~ ~CK 0.00 321.91 1020 583211 03/02/01 301 ~v-m~IC~ ~ 1108504 P~/~PLIES 0.00 309.04 1020 58321~ 03/02/01 30~ ~ ~IC ~ ~C ~0850~ P~/~IES 0.00 309.05 ~ ~ 0.00 618.09 2020 S82222 03/02/01 123S HI~ LI~ ~ 110 ~A~ 0.00 -12292.95 2020 S83222 02/02/02 ~225 XX~ LZ~ ~ 6414570 3/2001 L~ 0.00 5236.72 ~020 s83222 03/02/02 1235 Hx~ LI~ ~ 110 3/2001 LI~ ~ ~ 0.00 SIT.0S 1020 583213 03/02/01 2252 ~'~'~ ~-~XC 5806349 ~ 2/23 P.O. 1406 0.00 120.00 ~020 5832~3 03/02/0~ 2253 ~ ~-~XC S806349 ~L~ 2/21 P.0. 1406 0.00 ~0.00 ~ ~CK 0.00 ~30.00 ~02o 583214 03/02/0~ ~898 ~ ~108303 ~ 2o0o-~002 O~ ~C 0.00 228.~ ~020 5832~4 03/02/01 1898 ~ 1~08303 ~ 2000-2001 OP~ ~C 0.00 460.1~ ~020 'S832~4 03/02/0~ 1898 ~ ~108314 ~ 2000-200~ O~ ~ 0.00 82.53 2 S822~S 02/02/0~ 341 ~ ~ S806349 ~S~ 2/22 P.0.16 0.00 140.00 DATE 03/01/01 TXJ~ 15z17~43 - 03/01/01 C'r*Z'~ OF CUZ~R?Z~O P~U~;£ 4 &CC~TNG F~TOZ:): 8/01 C~CK P.~GTS~'.~K - D~SSO~S~x~Z~. ~ SET.,SCTZON CRZT~RZA: v. rarmacc.cz:ans_dace between "02/26/2001" and "03/02/2001" ~ - 110 - ~ ~ CR, SH ~ C~C]C 1,i0 ZSST,3~ D~ .............. V'BZqDO~ ............. I:;'~D/DESV/· ..... DESC~.TS~I'*'roN ...... S)LT,.gS TAX 1020 583216 03/02/01 343 ZC:24~I~.~TZI~4;N'2'/l~US~-45 110 *ZC~4A 0,00 ?870.3? 1020 583217 03/02/01 1166 X];R.T,~Y,S HO/TL'ZNG & FZSH! 1108303 SU'~P~ZES P.O. 10760 0.00 117.18 1020 583218 03/02/01 142001 KZM~S C~S'I'C)MBUZ,~D~ 1100000 ~:) BUS. LZC~SE '1~41C~ 0.00 94.00 1020 583219 03/02/01 1217 ~ .T,~,~R~TZIqG ~ 5806349 S'u'~P~ZES P.O. 22231 0.00 34.42 1020 583220 03/02/01 2232 Z,,C)Oi:UDBS ~ 110 CSGAR,NSI,~IT 0.00 306.50 1020 583220 03/02/01 2232 7,,,0~,.q~DES CA~ZAGA 11o S,SGM~qSZ'~'~11' 0.00 ' 103.84 'TOTAZ, CI~CK 0.00 410.34 1020 583221 03/02/01 1599 MANAGe/) Z.,?dt~T,/'I{ ~-t~O~;UC ! 1104510 140 ~ 3/1-3/31/01 0.00 768.60 1020 583222 03/02/01 437 bu;,zK0 lg~1;S9~)~S 1104300 I:PY 2000-2001 0PBN 1K]~C 0.00 S0.00 1020 583222 03/02/01 437 h=,t.-'~:) Iq'gHSgJ)~G3~,S 1104300 ~ 2000-2001 OPeN PUP. C 0.00 612.50 1020 583222 03/02/01 437 )~'l'XO Nk~SPAP~RS 1104300 ~ 2000-2001 OP~ ~ORC 0.00 35.00 1020 583222 03/02/01 437 !,~/'~0 Zq'E~SPXg]~.S 1104300 ~qZ 2000-2001 OP~Zg I:K~.C 0.00 42.50 1020 583222 03/02/01 437 I,~-~'kO N~(S~:~:~S 1104300 ~ 2000-2001 OPF~ PURC 0.00 45.00 1020 583222 03/02/01 437 I~*l'kO I~MSPAP~RS 1104300 ~ 2000-2001 OP~I PURC 0.00 52.50 TOTAL C~/~CK 0.00 837.S0 1020 583223 03/02/01 471 ~ TZ~.~ SUPPLY COMP, AN 6308840 SUgI~,XES P.O. 10728 0.00 223 1020 583223 03/02/01 471 Mq*Z~S TZ~ SOPPr. Y COMPA~ 6308840 SU~P~Z~S P.O. 10728 O.00 14.21 TOTAL CHZCK 0.00 237.93 1020 583224 03/02/01 1191 NAK~NORS~R¥ ZNC 1108303 7d~-%'DSCAP8 SUppT.,ZBS 107 0.00 460.62 1020 583224 03/02/01 1191 NJ)~J~IqU~SE~¥ ZNC 1108303 7,,d~%'DSC.'IG'~ SU~PL$~S 107 0.00 470.88 TOTAL CHECK 0.00 931.S0 1020 S83225 03/02/01 302 N~TZC)I(~a DEI;~]U~;D CC~G)82~ 110 *NATAL DBF 0.00 16859.88 1020 583226 03/02/01 485 ~ ~ZC SIGHTS 5208003 SIC~lS P.0.10711 0.00 502.50 1020 583226 03/02/01 485 IG't4'L~q~l "I~J~,~ZC SZG~S 1108602 SZGNS P.0.10701 0.00 479.50 1020 583226 03/02/01 485 ~ '11UG'FZC $ZG~S 1108602 SZG2i'S P.0.10660 0.00 485.40 TOTAL CI~CK 0.00 1467.40 1020 583227 03/02/01 1850 NOI~IA~ID/)i CNP,¥SL~. 1~ 6308840 P,~R. TS/5~PLZ~S 0.00 65.17 1020 583228 03/02/01 490 ~S1'(:::l'q,'~If S~,,/'~R T~C:~q0Z, 1108312 PA.q. TS P.O. 23713 0.00 37.04 1020 S83229 03/02/01 1097 O.C. H(:~0~iX.T,.D CO Z1~C 1108509 TZM~/H/G'~,,ZXZ,S O.00 900.00 1020 583229 03/02/01 1097 O.C. ~ CO /3qc 1108509 TZH~/H~'I"~XZXZ,S 0.00 200.00 TOTAL CK;C'~ o.00 11oo.00 102o 583231 o3/o2/ol 493 O~PI:'ZC~D~ECTI' 1104510 S'~91)T_.ZBS 0.00 68.90 1020 583231 03/02/01 493 0~:'XC~ DBgGT 1108601 SI,~gZ,X~S 0.00 19.38 lO2O 583231 o3/o2/ol 493 OFFZnl~ DEPOT 1104000 b'~3L=~=w.,Z'1~= 0.00 8.78 1020 583231 03/02/01 493 01;TZC~ D~POT 1108101 ST,,~I~.,Zg,S 0.00 10.~ 1Q20 583231 03/02/01 493 OFFZC~ D~:K~I' 1108101 S~P~.,Z~,S 0.00 173 R'0~ DAI'~ 03/01/01 TI')~ 15:17:44 - PZIG~NCZ.q,Z, AC:(:OEII'3~NG ~.~..(,~ 1020 583231 03/02/01 493 O~Z~ DS~ 1108502 S~Z~ O.00 2Z.85 1020 583231 ~3/02/01 493 O~Z~ ~ 1108601 ~Z~ O.0O 228.30 1020 S83231 03/02/D1 493 O~Z~ ~ 110~301 S~2~Z~ 0.00 19.44 1020 583231 03/02/01 493 OFFZ~ DE~ 1101000 SUPPLZ~S 0.00 160.73 1020 583231 03/02/01 493 OFF/~ ~ 1106265 S~P~ZES 0.00 369.25 1020 583231 03/02/01 493 OFFZ~ DE~ 1101000 S~PLZES 0.00 47.21 1020 583231 03/02/01 493 OFFZ~ ~ 1104400 ~P~Z~S O.O0 32.81 1020 S83231 03/02/01 493 OFFZ~ DS~ 1107301 ~P~IES 0.O0 15.94 3 583231 03/02/01 493 OFFZ~ 1, 583231 03/02/01 493 O~Z~ DB~ 1106265 S~P~Z~ 0.0O 25.31 1020 583231 03/02/01 493 OFFZ~ DE~ 1104400 ~Z~ 0.00 234.~g 1020 S83231 03/02/01 493 1020 583231 03/02/01 493 OFFZ~ DE~ 1107301 S~P~Z~ 0.00 LS.S0 1020 S83231 03/02/01 493 OFFZ~ Dg~ 1108601 ~Z~S 0.00 9.52 1020 583231 03/02/01 493 OFFZ~ ~ 1106265 ~PLI~S 0.00 123.02 1020 583231 03/02/01 493 ~FZ~ DE~ 1106343 ~uy~ZES 0.00 40.63 1020 583231 03/O2/01 493 OF~Z~ DE~ 1106265 ~Z~ 0.00 6.V6 1020 583231 03/02/01 493 O~Z~ ~ 1104000 ~Z~ 0.00 16.~2 1020 583231 03/02/01 493 O~l~ DE~ 1106265 au~lBS 0.00 3.65 ~ ~ 0.00 2620.66 1020 583232 03/02/01 495 O~Z~ ~.~ 1106100 ~P~Z~ 0.00 221.3~ Z020 583232 03/02/01 495 0~1~ ~.~ 1104300 ~ 2000-2001 O~ ~C 0.00 136.~1 1020 583232 03/02/01 495 O~Z~ ~.~ 1104300 ~ 2000-2001 O~ ~C ~.00 144.78 ~ ~ O.OO 502,86 1020 S83233 03/02/01 501 O~T~ ~ ~3 110 ~Z~ uu~ 0.00 567.85 1020 S83234 03/02/01 50~ ~ ~:~ 1108303 T~/~ 0.00 885.23 1020 S83234 03/02/01 SOV ~ ~ ~:~ 1105503 T~/~Z~ 0.00 SVS.S~ ~ 583235 03/02/01 833 P · R S 110 ~ ~Y 0.00 15~.52 03/01/01 C~TY OF CU~tTZNO PAGE ACCOUIqTZNG PL~.ZOD: 9/01 ~ ~GZ~ - DZ~ ~ S~ZON ~RIA: ~ra~ac~.~r~s_d~ce between "02/26/200~" a~ "03/02/200~" ~H A~ ~CK ~O ZSS~ ~ ............ ~-~R ............. ~/DE~ ..... DES~Z~ZON ...... ~S ~020 5~3235 03/02/0~ 833 P E R S L~0 PE~ SPEC 0.00 66.26 L020 583235 03/02/01 833 P E R S 110 *PE~ B~K 0.00 527.39 ~O20 583235 03/02/0L 833 P B R S 1L0 P~ 1959 0.00 83.70 1020 583236 D3/02/0~ 5~ PACZFZC BS~ ~L08502 S~V 2/~6-3/15/0L 0. 1020 58323~ 03/02/0L ~00L ~ ~Z~ 6L04800 ~S~Z~ZON 22 ZSS~S 0.00 26.9~ ~020 583238 03/02/0~ 526 ~ZN~ B~PRZ~ ~10 'R~ST~2 ~ 0.00 235.42 1020 583238 03/02/0~ 526 P~ZN~ ~PRZ~ ~10 R~3427 Z~O~ ~ 0.00 247.58 ~020 S83240 03/02/0~ 533 P~ ~ '~ ~ ~ L20 p~ ~ 0.00 305.54 ~020 58324~ 03/02/0L 2278 ~, ~ 42392L4 RFP ~Z~ 2/2~ 0.00 1020 583242 03/02/0L ~001 ~. E. R~FZ~ & ~UC LIO0000 ~ D~ B~. LZ~ 0.O0 ~4.00 L020 583246 03/02/0L L223 RI~ A ~S ~C ~ 4209526 ' ~ 9526 0.00 L020 583247 03/02/0L 2043 R~S ~ ~ LL08S07 TZ~/~'~ 0.00 225.00 ~ ~ 0.00 750.00 1020 583248 03/02/01 63~ ~A ~ ~ ~Z 5806349 ~.HZ~ ~ 2/16 0.00 848.60 1020 583249 03/02/01 ~001 S~ ~T ~ZO 41 1100000 P~D ~. LZ~SE ~ZC 0.00 129.48 1020 583250 03/02/01 1449 S~Z~ ~ ~ MSZ 2607404 ~ ~ ~ ~ 12 0.00 1625.00 1020 S83250 03/02/01 1449 ~ ~ ~ ~SI 2607404 ~ ~ ~ ~ ~CK O.00 32~ DATE 03/01/0L TZI,~ 15:17:45 - PZIGNCZ,M,, ~ ~'~.~ 03/0~/01 ¢;IT~ OF CO~SRTINO F ~ TION ~I~IA: cra~acc.~rans~e ~en .02/26/2001' ~d .03/02/2001' ~H AC~ ~ ~ IS~ ~ .............. ~R ............. ~/DE~ ..... DES~Z~ZON ...... S~ES 1020 S832~1 03/02/~1 2303 ~ S~Z~ ~ ST064~0 20 P~ F~ 1/4 ZI 0.00 648.00 1020 583252 03/02/01 1663 KI~Y ~X~ 1103300 R~TA WO~E GI~ 0.00 280.00 1020 S8~2S2 03/02/01 1663 KI~Y ~X~ 1104300 P~ ~K SO~ 0.00 ~ ~ 0.00 355. SS 1020 S83253 03/02/01 662 ~ ~ ~S~IA~S ~ 1103500 ~ ~ ~JI ~ T~ 0.00 3082.86 1020 ~8~2S4 0~/02/01 19S4 S~I~ ~TI~ 110~301 ~ W/E 2/18 0.00 1080.00 1020 S8~2S4 03/02/~1 19S4 S~I~ ~TX~ 1107301 W/E 2/11 J.~ 0.00 1090.13 1020 583256 03/02/01 1027 S~S ~K ~Y ~ 560&64~ ~PLIES 0.00 74.T9 1020 583257 o2/o2/o~ lO65 T ~ D ~I~TI~S I 4249210 ~ST~ ~ ~ DATA 0.00 6467,00 1020 583258 o2/02/o~ 7oo T~ S~C~ ~ 1108315 ~ 2000-2001 O~ ~C 0.00 2464.99 1020 583258 03/02/0~ 700 T~ S~C~ ~ 1108303 ~ 2000-200~ OP~ ~C 0.00 492.80 1~ 582258 03/02/01 700 T~ SPECZ~ ~ 1108312 ~ 2000-2001 OP~ ~C 0.00 232,63 ~E~ 0,00 3~90.42 1020 583259 03/02/01 ~001 ~ ~INI~ ~OP~ 1101070 ~ ~ P~ 0,00 60.89 1020 583260 03/02/01 1993 ~ OF ~ ~ 110 ~ ~Z ~ 5663981 0.00 161.54 1020 5832~1 03/02/01 724 ~ & I~ E~I~ 5606640 ~PLIES P.O. 16377 0.00 299.22 1020 583262 03/02/01 1154 ~ ~Y OF ~A ~ 110 ~I'~'~ WAY 0.00 142,2S ~020 583263 03/02/01 ~248 ~ ~ S~ 1103400 ~Y ~T/S~ S~ 0.00 125.00 1020 583264 02/02/0~ 751 ~T 1108501 P~TS/~PLI~ 0.00 240.24 1020 583265 03/02/01 766 ~ ~Y =~ ~ ~ 1108408 ~I~Z~ 1/8-1/9 0.00 864.00 ~020 583266 03/02/0~ ~94 ~ ~TI~ 1104310 ~ 2000-2001 OP~ ~C 0.00 ~T~ ~H ~ 0.00 26~674.48 ~ ~ 0.00 267674.48 RESOLUTION NO. 01-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 09, 2001 WHEREAS, thc Director of Administrative Services or her designated representative has certified to accuracy of the following claims and d~mands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and d.mands in the amounts and fi'om the funds as horeinaRer set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 03/08/01 CITY OF CUPFh~.TINO pAGE kCCOI,'NTZNG pERIOD: 9/01 CH~CK R~GISTER - DISB~ ~ SE~ION ~ITERIA: ~ransac~.~rans_da~e between "03/05/2001" a~ "03/09/20D1~ ~ - 110 - G~ ~ ~H AC~ ~ECK NO ISS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~ION ...... ~S T~ ~0~ 1020 582145 V 01/12/01 1680 ~E ~IX 1104310 S~PLIES 0.00 -18.36 1020 S83131 V 02/23/01 1873 ~A ~ ~ FI~ DE 11010~0 D~ ~VP FOR S. J~S 0.00 -28.00 1020 S831~ V 02/23/01 1937 WEST V~.~.~y SZ~I~ 1106265 S~PLIES ~.00 -23.71 1020 583267 03/09/01 169S 3M 1108602 SUPPLIES P.O. 10752 0.00 136.47 1020 583267 03/09/01 169~ ~M 1108602 ~PLIES P.O. 107~2 0.00 161.41 1020 S83267 03/09/01 169S ~M 1108602 ~PLIES P.O. 107S2 ~ ~ 0.00 619.38 1020 583268 03/09/01 2161 ~:~SOC OF ~Y ~ G 62045~0 3/2001 WORK ~ ~ F 0.00 827.26 1020 583269 03/09/01 2099 ~S INC. 1104510 FRI~ W/E 2/2~ 0.00 272.00 1020 583270 03/09/01 13 ~ & S~S ~ZTATI~ C S606640 ~ 2000-2001 O~ ~C 0.00 168.80 1020 583271 03/09/01 1680 ~E ~IX 1104310 S~PLISS P.O. 12024 O.00 18.36 1020 583272 03/09/01 29 L~ D~ AIT~ 5806449 S~Vi~ ~ FOR 0.00 207.00 1020 583273 03/09/01 888 ~ ~L ~I~ I ~708510 ~ 2001 ~I~ 0.00 1020 583274 03/09/01 ~001 ~ ~ 1101200 OI~ ~TIFZ~S 0.00 1020 583275 03/09/01 ~001 ~I~ ~LIC WO~ ~ 1108601 ~ ~HP ~ 5/~1/ 0.00 90.00 1020 583275 03/09/01 ~001 ~I~ ~LIC WO~ ~ 1108101 ~ ~HP ~ 5/31,/ 0.00 180.00 1020 583275 03/09/01 ~001 ~RI~ ~LIC WO~ ~ 1108001 ~ ~HP ~ 5/31/ 0.00 180.00 1020 583275 03/09/01 ~001 ~I~ ~L~C WOR~ ~ 1108201 ~ ~HP ~ 5/31/ 0.00 90.00 ~ ~CK 0.00 540.00 1020 ~83276 03/09/01 44 ~I~ ~ ~OSS 1104400 B~ ~ES ~S F 0.00 8~.00 1020 583277 03/09/01 45 ~I~ ~FIC ~PLY 2708404 P~TS P 0 10~35 ~.00 205.20 1020 583278 0~/09/01 2039 ~I ~ ~R PA~O~ ~ 1104100 S~I~ 5/16 C.OSB~ 0.00 1020 583279 03/09/01 ~001 ~, ~C 11010~0 p~ INST ~/21-23 0.00 120.00 1020 583280 0~/09/01 968 ~ ~ P~TS 630~840 OP~ ~E O~ FO 0.00 2.4~ 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 OP~ ~E 0~ ~ 0.00 27.13 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 OPEN ~E 0~ ~ O.00 47.95 1020 583280 03/09/01 968 ~A~ P~TS 6308840 O~ ~E O~ER ~ 0.00 35.48 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 OP~ ~E O~ER ~ 0.00 41.~0 1020 ~83280 03/09/01 968 ~ ~ P~TS 6308840 OP~ ~E O~ER ~ 0.00 9.27 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 OP~ ~ ~ FO 0.00 48.78 1020 S83280 03/09/01 968 ~ ~ P~TS 6308840 OP~ ~E ~ FO 0.00 12.09 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 O~ ~E 0~ ~ 0.00 48.78 1020 583280 03/09/01 968 ~ ~ P~TS 6308840 O~ ~E 0~ FO 0.00 43.77 DATE 03/09/01 TIM~ 18:17:39 - FTNANC~IAL ACCO~TT~NG PSRZOD: 9/01 O~CKR.EGI~-=~r. - DZSB~ SE'~ 'ON ~I~RZA: cransacc.~r~_~ce bec~en "03/05/2001" ~ "03/09/2001' ~ - 110 - G~ ~ ~H AC~ ~NO IS~ ~ .............. ~ ............. ~/DE~ ..... DES~I~ION ...... ~S T~ 1020 583281 03/09/01 720 ~Y SY~'&'~ 6308840 ~ 2000-2001 OP~ ~C 0,00 122,96 1020 583282 03/09/01 2013 ~Y ~ DIS~IB~I~ ~ 6308840 ~PLI~ P.O, 10732 0.00 472.70 1020 583283 03/09/01 1745 ~YSIDE g~ ~ 1108501 TZ~/~Z~ 0.00 975.14 1020 583283 03/09/01 lq45 ~YSI~ E~ ~ 1108501 TI~/~RI~ 0.00 8893.2~ ~ ~ 0.00 9868.42 1020 583284 03/09/01 ~001 B~ & N~P ~ 5606620 BEE HI~ ~ 0,00 106.00 1020 583285 03/09/01 ~001 B~, ~ 580 ~C ~ 0.00 500.00 1020 583286 03/09/01 96 ~ ~N S~/~ ~ 5606620 ~ S~V. ~U 2/22/ 0.00 80.40 1020 583287 03/09/01 8~2 ~I~S 4249210 ' ~B 0~ ~5 V/18/2 0.00 4265.B2 1020 583288 03/09/01 909 ~B~I~SS J~ 1104000 9303092 ~S~1~ 0.00 78,95 1020 583289 03/09/01 122 ~ ~ 5806449 SERVI~~ ~R 0.00 641,70 1020 58~290 03/09/01 ~001 ~IF. ~ICIP~ ~ 1104000 ~EHIP ~ 1-01/3/31/ 0.00 120,00 1C 583291 03/09/01 124 ~I~ ~ ~ SU 6308840 ~ZES ~.O. 10767 0.00 113.40 1020 583292 03/09/01 1~6 ~H 1106100 ~=-z-z'f ~ 1/31-3/06/0 0.00 65.04 1020 583292 03/09/01 146 ~H 5506549 ~ ~H 1/31-3/06/0 0,00 41,56 1020 583292 03/09/01 146 ~ 4249218 ~kz-z'z ~H 1/31-3/06/0 0.00 21.58 1020 583292 03/09/01 146 ~H 5806349 P~ ~H 1/31-3/06/0 0.00 128.9V 1020 583292 03/09/01 146 ~ 1106500 ~='~z'z ~H 1/31-3/06/0 0,00 20,79 1020 583292 03/09/01 146 ~H 110664~ ~=z-z'z ~ 1/31- 3/06/ 0,00 39,49 TOT~ ~ECK 0.00 317.43 1020 583293 03/09/01 14~ ~H 5506549 ~IPS ~ ~H 1/24-3/0 0.00 30.00 10~0 583293 03/09/01 147 ~H 5506549 S~ ~ ~ 1/~%-3 0.00 ~9.13 1020 583293 03/09/01 147 ~H 4249218 ~P~ ~H 1/24-3 0,00 159.03 1020 583293 03/09/01 14T ~ 5506549 B~ ~ ~H 1/24-3/0 0,00 4.99 T~ ~ 0.00 273.15 1020 583294 0~/09/01 149 ~H 1104000 ~I~ 0.00 11.21 1020 583294 03/09/01 149 ~ 1104000 S~Z~ ~ O~I~ MZS 0.00 30.00 1020 583294 03/09/01 149 ~H 1104400 ~IES 0.00 35.69 1020 583294 03/09/01 149 ~ 110730Z ~, ~ (~) 0,00 13.~0 1020 583294 03/09/01 149 ~ 1101200 CI~ ~ ~T 0.00 63.05 1020 583294 03/09/01 149 ~ 1104510 ~T~S (~S) 0.00 10.00 1020 583294 03/09/01 149 ~ 1104510 ~PLI~ 0.00 4.31 1020 583294 03/09/01 149 ~ 1108101 ~z'x~ZES 0.00 6,89 1020 583294 03/09/01 149 ~H 1101000 ~CIL~D 0.00 ~54,66 1020 583294 03/09/01 149 ~ 1101060 1020 583294 03/09/01 149 ~N 1103500 ~P~'z-~ 0.00 4.94 ~.~CK 0,00 344.23 PJ~q DAT~ 03/06/01 T/M~ 10:17~40 - FZNANCZALACCOL~TIN~ 03/08/01 CITY OF C~PERTINO P~E 3 ACCOUNTING PERIOD: 9/01 CHECK REGISTER - DISBURSEMENT FUND SELECTION ~12'~KZA: =r&nsac=.=rans_da=e be=ween "03/05/2001" end "03/09/2001" F~ - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 50]295 03/09/01 M2001 CHANG, HSINGoHUI 580 REC REFUND 0.00 115.00 1020 583296 0]/09/01 M2001 CHEN, ANGELA 1101070 PLANNERS INST 3/21-23 0.00 120.00 1020 583297 03/09/01 M2001 CHOI, VICKY S80 REC REF6AqD O.00 215.00 1020 583298 03/09/01 M2001 CHOI, WOO SIK 580 REC ESFUND 0.00 215.00 1020 583295 03/09/01 1627 COR-O-VAN MOVING & STORA 4249210 MOVING SERV / SENIOR C 0.00 1168.07 1020 583300 03/09/01 11]] CHiS CORR 1101070 PLANNERS TNST 3/21-23 0.00 120.00 1020 583301 03/09/01 M2001 CRO~..~Y, JILL 580 P~EC REFUND 0.00 500.00 1020 583302 03/09/01 191 CUPERTINO (~ER OF CO~4 2206011 TEEN LEADERSHIP 0.00 106.55 1020 58]303 03/09/01 985 CUPEKTINO FLORIST INC 1107501 FLOWEJtS / J.BJ~ER 0.00 99.90 1020 583]04 03/09/01 194 CUPERTINO SUPPLY INC 110830] SUPPLIES 0.00 178.23 1020 583304 03/09/01 194 CUPERTINO SUPPLY TNC 1108303 SUPPLIES 0.00 133.62 1020 583304 03/09/01 194 CUPERTINO SUPPLY INC 1108303 SUPPLIES 0.00 63 ;20 1020 583304 03/09/01 194 C~PERTINO SUPPLY INC 1108501 SUPPLIES 0.00 10.85 TOTAL CH~CK 0.00 3' 1020 583305 03/09/01 201 DAPPER TIRE CO 6308840 FY 2000-2001 OPEN PURC 0.00 228.38 1020 593]06 0]/09/01 1838 DELL COMPUTER CORP 6104800 DIMENSION 8100 SERIES 0.0O 2536.92 1020 903306 03/O9/01 1819 DELL C0~P~R CORP 6104000 PEHTI~ III 700 ~Z 12 0.00 2375.00 1020 583306 0]/09/01 1838 D~T,T. COMPUTER CORP 6104800 P~NTI~ III INSPIRON 8 0.00 29]3.28 TOTA~ CHECK 0.00 7846.20 1020 583307 03/09/01 211 DELTA DEI~TAL P~ OF CA 110 OE3 PI~ 0.00 4694.8] 1020 583307 03/09/01 211 DELTA DEI~TAL PLAN OF CA 110 1539-003 0.00 8063.38 1020 583307 03/09/01 211 DELTA DENTAL PLAN OF CA 110 ~I~EPRESENTED PLAN 0.00 ]407.23 1020 583307 03/09/01 211 DELTA DENTAL PLAN OF CA 110 J~JUS~SENT 9E3 0.00 -99.59 · ~TAL CH~CK 0.00 14065.53 1020 583]08 03/09/01 214 DEPARTmenT OF TRANSPORTA 1108602 FY 2000-2001 OPEN PURC 0.00 116.23 1020 583309 03/09/01 M2001 DHA~]~PRAC.~, PADNA 580 REC REFL~D 0.00 15.00 1020 583310 03/09/01 850 DIDD~MS ~AZINO PA.=.TY ST 4249218 SUPPLIES P.O. 14590 0.00 55.38 1020 583311 03/09/01 222 DES ~SOCIATES 2709440 SERVZCK A~ FOR 0.00 5230.42 1020 583312 03/09/01 223 DON & MI]<~'S SW~PIN~ IN 3308004 ~Y 2000-2001 OPEN P~.~.C 0.00 10688.80 1020 583313 03/09/01 1085 DRyZ"T.-~.N PRO S806349 DRY ~"~,~a.~TNG P.O. 1675 0.00 148.00 1030 S83314 03/09/01 855 DULIN ADVERTISING I~:~ 4"239214 AD FOR CRP CITY EHIGIRE 0.00 336P q0 DATE 03/08/01 T:~,~ 18:1';:40 - FINANCIAL AC~ZNG A¢COUHT~NG PER~OD: 9/01 CI~CKItEG~STER - DZ~ ~ SP~XON ~TERZA: ~a~acc.crans_~e ~ween '03/05/200~* ~ '03/09/200~~ ~ - LX0 - G~ ~ ~H~ ~NO ISS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~Z~ ...... ~S T~ ~ 1020 58331~ 03/09/01 239 ~.~I~ DIS~IB~ 1108830 A~ G~RES S0 AT $99 0.00 5596.00 1020 583315 03/09/01 239 E~I~ DI~IB~ 1108502 T~L ~ ~ ~P~CE 0.00 1913.69 ~ ~CK 0.00 7509.69 1020 ~83316 03/09/01 1473 ~I~ EOUI~ ~ 6308840 ~ ~ PR~ION 0.00 2217.00 1020 ~83317 03/09/01 234 ~I~G ~TA SRRVI~ 1104300 ~CIL 1/16 & 3/19 0.00 192.42 1020 583318 03/09/01 251 ~S ~ST V~T.T'~Y 8P~Y 1108315 ~ SP~YI~ · JO~ 0.00 3500.00 1020 583318 03/09/01 251 ~S ~ V~ S~Y 4229208 ~ SPAYING O ~EDS 0.0O 3500.00 ~ ~CK 0.00 7000.00 1020 583319 03/09/01 1949 ~ S~VI~S 1108~03 ~ 0.00 162.00 1020 583320 03/09/01 253 ~R LI~S~ 4249218 S~IOR ~D~I~TI~ 0.00 111.13 1020 583321 03/09/01 260 F~ ~SS ~ 1104510 SHIPP~G 2/20/01' 0.00 21.46 1020 583321 03/09/01 260 ~ ~ ~ 6308840 SHIPPI~ ~ES 2/14/ 0.00 7.80 T~ ~ 0.00 29.2~ 1020 583322 03/09/01 2312 FI~ ~ S~ & D 5606680 S~ LZ~ ~.~ O~ 0.00 83.50 1' 583323 03/09/01 266 RY~ F~ 5806449 ~RVI~ ~RE~ FO~ 0.00 89S.00 1020 583324 03/09/01 ~001 FO~, ~ 5506549 ~I~ ~F ~ 0.00 94.92 1020 583325 03/09/01 1210 ~ ~P 1107503 P~IC ~ 0.00 1112.00 1020 583326 03/09/01 268 ~ ~OS SE~I~ SYS 1108303 P~TS/~PhZES 0.00 86.18 1020 583326 03/09/01 268 F~ ~OS SE~I~ SYS 110850S P~TS/~IES 0.00 29~.09 ~ ~CK 0.00 383.27 1020 583327 03/09/01 2~V J~ ~ S806249 S~VI~ ~ ~R 0.00 145.50 1020 583328 03/09/01 2027 ~C~ 1104400 ~PLIES 0.00 70.49 1020 583329 03/09/01 281 ~ 1108407 ~PLZES P.O. 10782 0.00 513.86 1020 583329 03/09/01 281 ~ 6308840 ~ 2000-2001 OP~ ~C 0.00 104.06 1020 583329 03/09/01 281 ~ 1108303 S~IES P.O. 1074~ 0.00 88.68 ~ ~ 0.00 706.60 1020 583330 03/09/01 ~001 ~, W~S~V 580 ~C~ 0.00 48.00 1020 583331 03/09/01 298 ~ ~C 6308840 ~ 2000-2001 O~ ~C 0.00 24.67 1~20 583331 03/09/01 298 ~ ~C 6308840 ~ 2000-2001 0~ ~C 0.00 2.18 1020 583331 03/09/01 298 ~ ~C 1108504 ~ 2000-2001 O~ ~C 0.00 188.19 1020 583331 03/09/01 298 ~ ~C 6308840 ~ 2000-2001 O~ ~ 0.00 6.06 1020 583331 03/09/01 298 ~ INC 1108503 ~ 2000'2001 OP~ ~C 0.00 66.81 1020 583331 03/09/01 298 ~Z~ Z~ 6308840 ~ 2000-2001 O~ ~C 0.00 13.45 1020~, 583331 03/09/01 298 ~Z~ I~ 1108504 ~ 2000-2001 OP~ ~C 0.00 20%.12 T ~ 0.00 525,48 RO~q I~ATE 03/08/01 TIME 18:17:41 - FZNANCZAL ACC:O~ITING 03/08/01 C~TYOF CUPERTINO PAGE 5 ACCO~q~TZNG pERIOD: 9/01 CHECK REGISTER - DISBURSEI~NT FUND SELECTION CRITERIA: ~&ns~c~.c=ans_d~ce between '03/05/2001" and "03/09/2001" .. ~ - 110 - G~';~,AL FU~D CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX N4OUNT 1020 563332 03/09/01 M2001 G~A, P~I 550 R~CP, EFUND 0.00 74.00 1020 583333 03/09/01 2311 GUTT~ r"r~NING & ROOFIN 1108502 TIME/MATERIALS 0.00 750.00 1020 583334 03/09/01 314 H.V. CARTER CO /NC 6309820 JACOBSEN TURF CAT WiTH 0.00 19297.44 1020 583335 03/09/01 315 JILL HAFF 5806449 SERVICE AGREEMENT FOR 0.00 373.75 1020 583336 03/09/01 326 LAUR~ HENSHALL 5806449 SERVICE AGREEMENT FOR 0.00 161.00 1020 583337 03/09/01 1544 ~WLETT PACKARD 6109857 9 CO~RS 2 SCA~RS 0.00 1664.28 1020 583337 03/09/01 1544 H~ PACIC~RD 6109857 9 C0~ 2 SCANNERS 0.00 13188.11 1020 583337 03/09/01 1544 HEWLETT PACKARD 6109857 9 CO~4PUTERS 2 SC~ 0.00 615.60 TOTAL CHECK 0.00 15467.99 1020 563338 03/09/01 2064 HOWJ~RD G HOFF JR. 1104400 SERVICE ACCOUNT FOR 0.00 24.25 1020 583338 03/09/01 2064 HOWARD G ROFF JR. 1104400 SERVICE AC~ FOR 0.00 11,55 TOTAL CHECK 0.00 35.50 1020 583339 03/09/01 336 HUMANE SOCIETY OF SANTA 1104530 SHELTER SSRV. APRIL 20 O.00 5904.00 1020 583340 03/09/01 341 ICE CHALET 5806449 SERVICE AGREEMENT FOR 0.00 349' 1020 583341 03/09/01 1678 INFORMATION a REFERRAL 1106529 INFORMATION/P~EFERRAL B 0.00 120.00 1020 583342 03/09/01 1242 INSTY-PRINTS 1108102 B. CARDS K.RIEDER 0.00 55.48 1020 583342 03/09/01 1242 ZNSTY-PRINTS 1108401 B.CARDS RODRZQUEZ .0.00 49.86 1020 583342 03/09/01 1242 INSTY-PRINTS 1104100 B.CARDS OSBORNE/FARLEY 0.00 104.35 1020 583342 03/09/01 1242 INSTY-PRINTS 1104100 #9 WINDOW ENVELOPES 0.00 252.33 1020 583342 03/09/01 1242 INS/Y-PRINTS 1103300 B. CARDS R.KITSON 0.00 55.49 TOTAL CHECK 0.00 517.51 1020 583343 03/09/01 353 IRON MOUNTAIN 1104300 FY 2000-2001 OP~ PURC 0.00 135.33 1020 583344 03/09/01 M2001 ISRAEL, JAY 580 RECREFUND 0.00 51.00 1020 583345 03/09/01 M2001 JANG, OGAN 580 REC REFUND 0.00 645.00 1020 583346 03/09/01 1969 GAIL ~SNS~N 2204011 TO~4OREON'S LEADERS TOD 0.00 375.00 1020 583347 03/09/01 2285 ICAT~YN tr~T.T~ J0~STEN 1106265 SERVICE AGREEMENT FOR 0.00 105.00 1020 583348 03/09/01 )42001 JO~SO.N, CHARL~ 580 RECREI~J~D 0.00 50.00 1020 583349 03/09/01 M2001 EJ~o NATALYA 580 RECREFX~D 0.00 215.00 1020 583350 03/09/01 935 EAR PRC~S 6305840 P/~RTS/SUPPLZER 0.00 21.63 1020 553350 03/09/01 935 KAR PRODUCTS 6308840 PARTS/SUPPLIES 0.00 56.65 TOTAL C~CK 0.00 78.28 RUN DATE 03/08/01 TIME 18:17:41 - FZNANCZJJd ACCOUNTXNG ~ I~ 1020 583351 03/09/01 1630 KIDZ ~ S~ INC 5806449 SERVI~ ~E~ FOR 0.00 6555.20 1020 583352 03/09/01 371 LI~ KI~ 5806449 S~ ~E~ FOR 0.00 1040. S0 1020 583353 03/09/01 1237 PA~ICK ~OK 1101070 ~ INST 3/21-23 0.00 120.00 1020 583354 03/09/01 ~001 ~, RI~A 580 ~C ~ 0.00 129.00 1020 583355 03/09/01 2086 L PA~I~ ~q~,t. ~ 1104100 MI~E 2/5-6 & 2/12-1 0.00 123.S2 1020 5833~5 03/09/01 2086 L PA~I~ ~q~,T. ~ 1104100 ~ 2/S-6 a 2/12 0.00 2560.00 1020 58~355 03/09/01 2086 L PA~I~ ~E~ ~C 1104100 ~N~TI~ 2/20-2/21 0.00 1280.00 1020 583355 03/09/01 2086 L PA~I~ ~E~ ~C 1104100 MI~E 2/20-2/21 0.00 61.76 ~ ~ 0.00 402S.28 1020 583356 03/09/01 ~001 ~, L~ 1101200 ~ ~F~ 3/14-1 0.00 160.00 1020 5833S7 0~/09/01 ~001 ~, YIF~ ~ 580 ~C ~ 0.00 1.00 1020 583357 03/09/01 ~001 ~, YIF~ ~ 580 ~C ~ 0.00 50.00 ~ ~ 0.00 ~1.00 1020 5833S8 03/09/01 1821 ~IA ~ 4249218 ~I~ ~ O~ 0.00 293.79 ~'~' 583359 03/09/01 ~001 T.~; ~ S80 ~C ~ 0.00 120.00 1020 S83360 03/09/01 ~001 t,~ ~ ~ 580 ~C ~ 0.00 21S.00 1020 583361 03/09/01 ~001 LIEBE~, RI~ 1100000 ~ILI~ T~ RE~ 0.00 19.12 1020 583362 03/09/01 400 LI~I~ ~IS I~ 57064~0 ~I$ IN~UCI~ ~N 0.00 605~0.13 1020 583363 03/09/01 ~001 LIU, J~ 580 ~C ~ 0.00 215.00 1020 583364 03/09/01 ~001 LIU, Y~ 580 ~C ~ 0.00 64.00 1020 583365 03/09/01 986 ~ B~ a ~ 1101~00 9932620 ~ DE~ ~ LE 0.00 204.19 1020 583366 03/09/01 986 ~ B~ & ~ 1101S00 ~90448316 ~ STA~ ~ 0.00 882.82 1020 583367 03/09/01 431 MC ~S O~I~ ~OD 1101000 S~PLI~ 0.00 1020 583367 03/09/01 431 ~ ~R'S OFFI~ P~D 1104400 S~PLI~ 0.00 12.8] 1020 583~67 03/09/01 431 ~ ~'S O~I~ ~D 1108201 S~PLI~ 0.00 49.36 ~ ~CK 0.00 278.14 1020 583368 0]/09/01 1780 ~Y ~I~ ~ 4249210 ~IC W~ ~ 0.00 1~5069.10 1020 583369 03/09/01 900 ~SITI-~ ~I~ 1108S03 ~I~ ~ ~ C 0.00 3200.89 1020 S83369 03/09/01 900 ~S~I-~T.T.~ ~i~IN 1108S01 S~VI~ ~ FOR 0* 00 ~284.48 ~ ~ 0.00 54BS.37 10~ 583370 03/09/01 1868 ~0 ~Z~ ~Z~TI 6309820 I~ 3 ~BI~ ~TS 0.00 1914.00 DATE 03/08/01 TX~ 18:17:42 03/08/01 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 9/01 CHECK P~GIS/--GR - DISBURS~ FUND SELECTION CRiTeRIA: ~ransac~.~ans_dane betueen '03/05/2001" and FUND - 110 - GENERM, FUND CASH ACCT CHECK NO ZSSUEDT .............. VENDOR ............. F~iD/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 583371 03/09/01 437 ~u~-~O N~WSPAPERS 1104300 FY 2000-2001 oPEN PURC O.00 42,50 1020 583371 03/09/01 437 V~TRO NEWSPAPERS 1104300 FY 2000-2001 OPEN PURC 0.00 42,50 1020 583371 03/09/01 437 METRO NEWSPAPERS 1104300 FY 2000-2001 OPEN PURC 0.00 45,00 1020 583371 03/09~01 437 METRO NEWSPAPERS 1104300 FY 2000-2001 OPEN PURC 0.00 75.00 1020 583371 03/09/01 437 ~'TaOIq~WSPAPERS 1104300 FY 2000-2001 OPEN pURC 0.00 37,50 1020 583371 03/09/01 437 ~TRO NEWSPAPERS 110~300 FY 2000-2001 OPEN PURC 0.00 50.00 1020 583371 03/09/01 437 METRO NEWSPAPERS 1104300 FY 2000-2001 OPEN PURC 0.00 40,00 TOTAL CHECK 0.00 332.50 1020 583372 03/09/01 444 MINT0~'S L1~ER 5606620 SUPPLIES 0.00 200.34 1020 583372 03/09/01 444 MZNT0~oS LUP~ER 5606620 SUPPLIEN 0.00 136.08 1020 583372 03/09/01 444 MZNTON~S L~RS 1107503 SUPPLIES 0.00 41.97 1020 583372 03/09/01 444 MINTON'S L~]~ER 1106647 SUPPLIES 0.00 27.21 1020 583372 03/09/01 444 MINT0~oS LLI~ER 1108303 SUPPLIES 0.00 32.52 1020 583372 03/05/01 444 MIIITO~'S LUMBER 1108505 SUPPLIES 0.00 52.46 1020 583372 03/09/01 444 MI1Ti~N'S LL~ER 1108314 SUPPLIES 0.00 42.44 1020 583372 03/09/01 444 MINT0~i'S LL~ER 1107503 SUPPLIES 0.00 114.66 1020 583372 03/09/01 444 MZNTOIi~S LOMBER 1108647 SUPPLIES 0.00 59.29 1020 583372 03/09/01 444. MINTON'S LL~ER 1108303 SUPPLIES 0.00 77.67 TOTAL CHECK 0.00 784.64 1020 583373 03/09/01 M2001 MINTZ, HELEN 5500000 REFUND MAC lA CHASE 0.00 55.00 1020 583374 03/09/01 447 MISSION L~qIFOEN SERVICE 1108201 FY 2000-2001 OPEl; PURC 0.00 1020 S63374 03/09/01 447 MISSION UNZPOEN SERVICE 1106201 FY 2000-2001 OPEN PURC 0.00 75.60 1020 583374 03/09/01 447 MISSION ONIFORM SERVICE 1108201 FY 2000-2001 OPEN PURC 0.00 2,60 TOTAL CHECK 0.00 153.84 1020 583375 03/09/01 455 HEATHER MOLL 5805249 SERVICE ~ FOR 0.00 22.00 1020 583376 03/09/01 463 VICTOR G MOSSO/TI 5806449 SENVICE AGREEMEI~T FOR 0.00 299.00 1020 583377 03/09/01 465 MOU/qTAIN VIeW GARDEN CEN 1108314 PARTS/SUpPLIES 0.00 135.48 1020 583377 03/09/01 465 HOUNTAIN VIES GARDEN CBN 1108312 PARTS/SUPPLIES 0.00 29.11 TOTAL CHECK 0.00 164.59 1020 583376 03/09/01 1137 EILEEN MURRAy 1101500 pIa~I~ERS INET 3/21-23 0.00 120.00 1020 583379 03/09/01 M2001 NA~a;T.;, KARL 580 I~ECREIrHID 0.00 215.00 1020 583380 03/09/01 M2001 I~XAZAWA, MIYA 580 RECREF--u~D 0.00 51.00 1020 583381 03/09/01 2156 NATIONAL PLANT SERVICES 2308004 CLEN~ 1780 STORM DRAIN 0.00 53952.50 1020 583362 03/09/01 1550 ADO~ZS L NSC~SITO 1103500 SERVICE AG~EBM~N~ FOR 0.00 280.00 1920 583383 03/05/01 485 NEWMAN TRAF~ZC SIGNS 1108602 TRA;TIC SIONS P.O. 107 0.00 463.94 1020 583384 03/09/01 1970 BARBARA ITtHIES 2204011 T~NORRON~S LEADERS TOD 0.00 375.00 1020 583365 03/09/01 496 O'GRADY PAVZNG ~NC 2708404 PATCH RE~IART ROAD 0.00 403 DATE 03/08/01 TIME 18:17;43 - FZNANCI.~LACCO~ITING ~,-,...(~ 1020 583386 03/09/01 495 OFFZCE HE~,P~. 13.04300 FY 2000-2001 OPEN ~C 0.00 301.80 L020 583386 03/09/0Z 495 OFFZ~ ~R 1Z04300 ~ 2000-200~ OPEN P~C 0.00 53.97 L020 583386 03/09/01 495 O~ ~ ~L0~30L S~P~ES 0.00 14.L0 ~ ~ 0.00 36g.8~ 1020 S8338~ 03/0~/01 1190 RO~ O~S 1103500 SERV/~ ~E~ FOR 0.00 375.00 1020 S83388 03/09/01 SOO OP~TZNG ~G~ ~ 1104510 ~21569 H & ~ P.N ~TZR 0.00 733.00 1020 583388 03/09/01 500 OP~TZ~ ~Z~ ~ 11045Z0 ~21569 H & H P.H. S~U 0.00 :3125.00 1020 583388 03/09/01 S00 OP~T[~ ~ ~ 110 ~21569 H A N P.H (8 ~ 0.O0 5864.00 ~ ~ 0.00 9~22.00 1020 583389 03/09/01 507 ~ ~ ~;OSBO~ 1108504 ~/~ 0.00 635.00 1020 583389 03/09/01 507 ~ ~O~ D~:OSBO~ 1107503 ~Z~/~;~ 0.00 225.00 ~ ~CK 0.00 860.00 1020 583390 03/09/01 51Z P~CZFZC ~.;. 1108505 S~V ~ 3/6 DATA ~l~ 0.00 28S.16 1020 583390 03/09/01 511 P~FZC 9~.~. 5708510 S~V ~ 3/6 D~T~ ~1~ 0.00 285.16 1020 583390 03/09/01 511 P~CZFZC ~.~. 1108501 S~V ~ 3/6 ~T~ LZ~ 0.00 570.33 1020 583390 03/09/01 511 PACZFZC ~-t. 1108503 S~V ~ 3/6 ~TA LZ~ 0.00 285.16 1020 583390 03/09/01 511 P~CZFZC B~ 1108505 S~ ~ ~T~ ~I~ ZN~ 0.00 1224.22 ig 583390 03/09/01 511 P~CZFZC ~*t, 6104800 S~V 2/20-3/19 0.00 90.68 1~ 583390 03/09/01 511 PACZFZC 9;~.T. 1108504 S~V ~ 3/6 D~TA ~Z~ 0.00 285.16 ~T~ ~ 0.00 3025.87 1020 583391 03/09/01 513 P~ZFZC ~ ~ S~ZC ( 1108505 SERV ~ 2/28 E~-~'~ZC 0.00 2021.62 1020 583391 03/09/01 513 P~ZFZC ~ A E~ZC ( 4209110 S~V ~ 2/28 ~ 0.00 285.22 1020 583391 03/09/01 513 P~ZFZC ~ A ;~ZC ( 4209110 S~V ~ 2/28 g~ZC 0.00 182.]6 1020 583391 03/09/01 513 PACZFZC ~ A E~ZC ( 1108407 ~1C ~ 3/01 0.00 10.22 1~20 583391 03/09/01 513 9~CZFZC ~ A E~ZC ( 5606620 ~ S~V ~ 3/01 0.00 218.48 T~ ~CK 0.00 2717.90 1020 583392 03/09/01 1568 P~ZFZC H~ ~T ZNC 1108303 P~TS/~u~Z~ 0.00 75.00 1020 583393 03/09/01 ~001 P~, P~ 580 ~C ~ 0.00 24.00 1020 583394 03/09/01 520 P~Z~ ZNC 4249218 ~Z;S P.O. 16114 0.00 297.80 1020 583394 03/09/01 520 P~Z~ ZNC 1103300 ~P~ZgS 0.00 127.91 ~ ~ 0.00 425.71 1020 583395 03/09/01 ~001 P~, ~ 580 ~C ~ 0.00 21.00 1020 583396 03/09/01 ~001 PA~, ~Z~ 580 ~C ~ 0.00 145.00 1020 S83397 03/09/01 ~001 P~E, ~FF 1101070 ~ ~ 3/21-23 0.00 120.00 1020 583398 0]/09/01 526 ~ ~ 110 Z~ ~ R883 0.00 84.61 1020 583398 03/09/01 S26 P~ ~ 110 Z~ ~ R 87 0.00 483.55 1~. 583398 03/09/01 526 ~ ~ 110 ~ ~S R884 0.00 347.33 ~ ~ 0.00 915.49 DATE 03/08/01 ~ 18:17:43 - FZHAZ4CZAL ACCC)0HTXHG 03/08/01 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 9/01 CHECK P. EGiSTER - DISBURSEMENT FUND S~-T.~CTION CRITERIA: :ransac:.:rans_da:e be:ween "03/05/2001' az~d "03/09/2001' ~ - 110 - ORNEIt~L FL~qD CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SAL~S TAX AMOUNT 1020 583399 03/09/01 527 PENINSULA BUILDING MATER 1106303 SUPPLZE~ P.O. 2362? 0.00 30.23 1020 583400 03/09/01 1746 STEVE PIASECKI 1107200 PLANNERS INST 3/21-23 0.00 120.00 1020 883401 03/09/01 545 ~EFF PISERCHIO 5606640 GOLP COURSE CONTRACT i 0.00 1790.00 1020 583402 03/09/01 546 PITNEY BONES INC 1104310 FY 2000-2001 OPEN PURC 0.00 569.00 1020 583402 03/09/01 546 PITNEY BONES INC 1104310 FY 2000-2001 OPEN PURC 0.00 445.00 1020 583402 03/09/01 546 PITNEY BONES INC 1104310 FY 2000-2001 OPEN PORC 0.00 214.00 TOTAL CH~CK 0.00 1226.00 1020 583403 03/09/01 509 PW SUPERMARKETS INC 5806349 SUPPLIES 0.00 50.00 1020 5834O3 03/09/01 509 PW SUPErMArkETS INC 5806349 SUPPLIES 0.00 5.24 1020 583403 ' 03/09/01 509 PW SUPERMARKETS ZNC S806349 SUPPLIES 0.00 63.10 1020 583403 03/09/01 509 PW SUPERMARI~TS ZNC 5806349 SUPPLIES 0.00 26.94 1020 583403 03/09/01 509 PW SUPERMARKETS ZNC 5806349 SUPPLIES 0.00 27.91 1020 583403 03/09/01 509 PW SUPERMARKETS ZNC 5806349 SUPPHIES 0.00 9.63 1020 583403 03/09/01 509 PW SUPERMARKETS INC 1106647 SUPPLIES 0.00 25.79 1020 583403 03/09/01 509 PR SUPEEMAI~KETS INC 5806349 SUPPLIES 0.00 · 49.48 1020 583403 03/09/01 509 PR SUPEItMARKETS INC 5806349 SUPPLIES 0.00 27.02 TOTAL CHECK 0.00 285.11 1020 583404 03/09/01 563 R & R P~ODUCTS INC 5606640 MZSC CUTTERS CONTAIENR 0.00 1. J 1020 583404 03/09/01 563 R & R PRODUCTS INC 5606640 MISC ~u'~-£~%~ CONTAINER 0.00 591.59 1020 583404 03/09/01 563 R & R PRODUCTS ZNC 5606640 MISC C~-&~4~ CONTAINER 0.00 390.25 TOTAL CHECK 0.00 1137.93 1020 583405 03/09/01 566 R.V. CLODD CO. 1108303 SUPPLIES P.O. 10766 0.00 552.74 1020 583406 03/09/01 570 RADIO SHACK 1106265 SUPPLIES P.O. 21220 0.00 39.97 1020 583407 03/09/01 )42001 RAMACHANDRAN, L. 580 ENCENI~]~D 0.00 100.00 1020 583408 03/09/01 581 I~ELZABLE 1107301 SUPPLIES P.O. 12332 0.00 195.65 1020 563408 03/09/01 581 P~LIA~L~ 1107501 SUPPLIES P.O. 12332 0.00 14.98 1020 583408 03/09/01 581 P~LZABLE 1107301 SUPPLIES P.O. 12332 0.00 29.96 1020 583408 03/09/01 581 RELIABLE 1107301 SUPPLIES 0.00 146.85 1020 583408 03/09/01 581 P.~LLABLE 1104300 SUPPLIES 0.00 23.96 TOTAL CHECK 0.00 411.41 1020 583409 03/09/01 1071 ~EPURLIC ELECTRIC 1108830 TIM~/MATERIALS 0.00 1233.00 1020 583410 03/09/01 2043 R~D~'S PEST ~ 1108502 TIM~/M~',~y, ZALS 0.00 540.00 1020 583411 03/09/01 610 S & S NORLDWIDE 1106265 MOBZLE ART CABINET ~AS 0.00 2339.81 1020 583411 03/09/01 610 S a S ~ZDE 1106265 FREIGHT, SHIPPING AND 0.00 193.03 TOTAL C~ECK 0.00 2532.64 1020 583412 03/09/01 M2001 SADRIN, ANTOZNE 500 REC P~F0~D 0.00 6a 00 RUN DATE 03/08/01 T/t~ 18:17:44 - FZNANCZAL ~ZNO 03/OB/O~ C~T~ o~ ~.T~'B.~.TINO ~a, GS 10 ACCOT..I~Ih'G P~IOD: 9/0~ ~G~ - DZSB~ ~ 1020 583(14 03/09/01 631 ~ ~ ~ D~ ~Z 5606640 ~D ~F~ ~Z~ 0.00 180.00 1020 583415 03/09/01 626 S~A ~ ~ DE~ OF R 1102100 CITATIONS N~ 200 0.00 1990.00 1020 ~83415 o3/09/01 626 ~A ~ ~ DE~ OF ~ 1102100 CZTATZ~S ~Y 2000 0.00 3275.00 1020 583415 03/09/01 626 ~A ~ ~ DE~ OF ~ 1102100 CITATIONS ~ 2000 0.00 2555.00 1020 503415 03/09/01 626 ~A ~ ~ DE~ OF ~ 1102100 CITATIONS ~Y 2000 0.00 2270.00 1020 5~3415 03/09/01 626 ~A ~ ~ DE~ 0F R 1102100 CITATI~S 9/2000 0.00 2505.00 ~ ~ 0.00 17730.00 1020 5~3419 03/09/01 2308 S~ 110 ~ ~ ~ 0.00 300.00 1, 583420 03/09/01 2309 S~TOS, ~IY~ 6104800 MISC. I~ ~ ~Y~S 0.00 153.62 1020 583424 03/09/01 ~001 SH~, WINS~N 580 ~C ~ 0.00 120.00 1020 583425 03/09/01 ~001 ~, ~ 580 ~C ~ 0.00 215.00 1020 583426 03/09/01 2250 SZ~ L~ a ~ 1108407 ~/S~PLI~S 0.00 339.93 1020 583427 03/09/01 652 SI~S~I~ WA~ ~. 1106265 ~ 2000-2001 OP~ ~C 1020 583428 03/09/01 2076 SZL/~N V~.~ ~ 1101000 ~ 4/18-19 0.00 125.00 1020 583429 03/09/01 ~001 ~IL~, ~ 580 ~C ~ 0.00 102.00 1020 583430 03/09/01 1730 ~-~ ~ 6~08840 S~P~ ~ 0.00 1722.60 1020 583431 03/09/01 1421 S~ S'~ 1107405 ~ ~Z~ 1/~0 0.00 243,00 1~ 583432 03/09/01 684 ~ ~ 5806449 S~VZ~ ~ ~ 0.00 345.00 RT.~ DAI'E 03/08/01 TZ~ 18:17:44 - FZHM~CZAZ, 03/08/01 CITY OF CUPERTINO PAGE 11 ACCO',.~'TII~ PERIOD: 9/01 CHECK REGIS'£~K - DZSBURS~,HT FU-L~D SELECTION CRITERIA: cransac~.~rans_clace between '03/05/2001' and '03/09/2001' C~SH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 583433 03/09/01 2310 STOLAR TOOL AND DIE 6300040 MACINE SERV. P.O. 1077 0.00 140.00 1020 583434 03/09/01 686 D~YL STOW 2204010 FY 2000-2001 OPEN PURC 0.00 750.00 1020 S53435 03/09/01 529 S~GARD PE~TJ~ATION, INC 6109850 PDF POWER PRINTING S0F 0.00 0013.05 1020 503436 03/09/01 M2001 SUt~qYVALE-CUPERTINO BAR 1101500 3/12 ~FFG. (MCLE) 0.00 25.00 1020 503437 03/09/01 895 SYSCO FOOD SERVICES OF S 4249218 'SUPPLIES 0.00 437.40 1020 583438 03/09/01 698 TALLY~S ENTERPRISES 2708403 CURB AND G~TTER WORK F 0.00 21413.26 1020 583439 03/09/01 M2001 TALVAL~, HARRI S80 REC REFL~qD 0.00 215.00 1020 583440 03/09/01 699 TAP PLASTICS INC 1107503 SUPPLIES P.O. 10758 0.00 123.00 1020 583441 03/09/01 2256 TEC~OLOGY ENGINEERING & 1108501 PUBLIC WORI(S COI~CT 0.00 4292.00 1020 583442 03/09/01 ?08 NANCY THO~4PSON 5806449 SERVIC~AG~.~M~NT FOR 0.00 299.00 1020 583443 03/08/01 727 U S POSTMAS't',,~,, 5806249 POSTAGE STAMPS 0.D0 60.00 1020 583443 03/09/01 ?2? U S POSTMA~%'aK 5806449 POSTAGg STAMPS 0.00 68.00 1020 583443 03/09/01 727 U $ POSTMA~'~*,I~(. 5806349 POSTAGE STAMPS 0.00 · TOTAL CHECK 0.00 2~ 1020 583444 03/09/01 1631 ONITED C4~EEI~ MARK ZNC 1108312 TIME/MATERIALS 0.00 2051.34 1020 583444 03/09/01 1631 ONITED GREEN MARK INC 1108312 RETU~ OF SUPPLZES 0.00 -10291.33 1020 883444 03/09/01 1631 ENZTBD GREEN MARK ZNC 1108312 TIME/MATERIAL 0.00 8900.01 TOTAL CHECK 0.00 ?48.02 1020 583445 03/09/01 2314 ~IT~D G'P~EN TECH/ETS 1100400 PARTS/SUPPLIES 0.00 350.00 1020 583446 03/09/01 M2001 VIJAYAM, EMA 500 9.EC MEFI~D 0.00 215.00 1020 503447 03/09/01 749 VISA 5806349 VISA USE FE~ 2001 0.00 7196.85 1020 503447 02/09/01 749 VISA 1106240 VISA USE F~B 2001 0.00 106.90 1020 583447 03/09/01 749 VISA 1106248 VISA USE FEB 2001 0.00 55.00 1020 583447 03/09/01 749 VISA 1106343 VZSA USE FEB 2001 0.00 47.15 1020 583447 03/09/01 749 VISA 5006349 VISA USE FEB 2001 0.00 1321.69 1020 503447 03/09/01 749 VISA 1106440 VISA USE FEB 2001 0.00 41.56 1020 503447 03/09/01 749 VISA 4249210 VISA UEE FEB 2001 0.00 2725.21 1020 503447 03/09/01 749 VISA 5706450 VISA UEE PEB 2001 0.00 80.85 1020 583447 03/09/01 749 VISA 1106100 VISA USE FEB 2001 0.00 215.00 TOTAL CHECK 0.00 11790.25 1020 583448 03/09/01 749 VISA 1101000 GZFT / J.STA~ 0.00 84.?5 1020 583448 03/09/01 749 VISA 1101200 hu~-zaAgY C0~F D.]~qXPP 0.00 325.00 1020 583448 03/09/01 ?49 VISA 1101000 M~L~ING L~CH 0.00 84.33 1020 583448 03/09/01 749 VISA 1101000 MTG U]~CH M.C:HA~2 0.00 24.33 1020 583448 03/09/01 ?49 VISA 1101000 M/~ LE/(CH $.JAM~S/D.XN 0.00 13~ ~4 1020 583448 03/09/01 ?49 VZSA 1101000 MTG I,~ZCH VARZOU$ ~4PL 0.00 RON ~ 03/08/01 T~ 18:17:45 - ~ZZG~C:Z~ ;,G*~Ot~4~~.[ 03/08/0~ CITY O~ C1JP~,TINO ~ACSg z2 ACCOUNTING PERIOD: 9/01 CHECK P~GIbT~ - DISB~ ~ S~'-- 'ION ~I~RIA: :ransac:.:r~s_~:e between "03/05/2001" and '03/09/20o1" ~ - 110 - G~ ~ ~H AC~ ~CK NO ZSS~ ~ .............. ~R ............. ~/DE~ ..... D~I~iON ...... S~ES T~ ~ ~ ~CK 0.00 704.25 1020 583449 03/09/01 749 VI~ 1107200 ~TIN0 I~ S.PI~EC O.00 176.00 1020 583449 03/09/01 749 VI~ 1101201 S~PLIES 0.00 27.24 1020 583449 03/09/01 749 VI~ 1103300 FI~ 0.00 9.27 1020 583449 03/09/01 749 VISA 1108001 ~N~ ~.Q~.T~ 0.00 375.00 1020 583449 03/09/01 749 VISA 1101000 ~CIL S~PLIES 0.00 20.66 1020 S83449 03/09/01 749 VI~ 1101200 ~TINO I~ D.~PP 0.00 176.00 1020 583449 03/09/01 749 VI~ 1108001 ~TINO I~ H.~ 0.00 176.00 1020 583449 03/09/01 ~49 VISA 1104300 I~ERVZ~ L~ON 0.00 38.89 1020 ~83449 03/09/01 749 VZ~ 1103300 ~RTINO I~ R.KITS~ 0.00 176.00 1020 S83449 03/09/01 749 VI~ 1104000 ~TI~ I~ C.A~D 0.00 176.00 1020 S83449 03/09/01 749 vI~ 1101200 ~PPLI~ ~R P~ 0.00 93.99 1020 S83449 03/09/01 749 VI~ 1104~00 ~TINO I~ K.~I~ 0.00 176.00 1020 $83449 03/09/91 749 VI~ 1104~20 B~ P~L ~TI~ IN 0.00 $49.90 ~ ~ 0.00 2130.95 1020 583450 03/09/01 749 VI~ 1104001 ~L ~OL 0.00 21.95 1020 5834~0 03/09/01 749 VISA 6104~00 ~ ~ 0.00 ~22.72 1020 583450 03/09/01 749 VI~ 1102100 ~L S~IFF 0.00 21.9~ 1020 S83450 03/09/01 749 VI~ 6104800 ~ ~SS ~ 0.00 70.00 ~ ~CK 0.00 636.62 I 583451 03/09/01 750 VISI~ S~VI~ P~ {~) 110 VISI~ INS 12074461 3/ 0.0O 2126.T0 1020 583452 03/09/01 ~001 W~, ~IFER. S80 ~C ~ 0.00 17.00 1020 583453 03/09/01 765 ~ ~I-~ D ~G 5806449 S~VI~ ~ ~ 0.00 286.00 1020 583454 03/09/01 768 ~ST ~0~ PA~ ~ 1101~00 WES~ A~SS 0.00 267.06 1020 583455 03/09/01 774 ~S~ HI~Y ~O~S 1108602 ~PLIES P.O. 10756 0.00 531.36 1020 5834~S 03/09/01 774 ~HI~Y PR~S 2708%05 S~ZES/P~TS 0.00 593.46 1020 583455 03/09/01 774 ~='~ HIG~Y ~S 1108602 MZSC ~PLIES P~ A~A 0.00 2016.97 ~T~ ~CK 0.00 3141.79 1020 583496 03/09/01 782 ~VI~ ~I'~-A'~ 4249210 ~I~R~ S~VI~S F 0.00 2913.60 1020 S83457 03/09/01 ~001 W~, I~ 580 ~C ~ 0.00 215.00 1020 583498 03/09/01 1131 CID~ WO~E~ 1107~01 ~ INST. 3/21-23 0.00 120.00 1020 583458 03/09/01 1131 CI~ ~ 1107~02 P~R DI~ / ~ O~ 0.00 120.00 ~ ~ECK 0.00 2%0.00 1020 ~83459 03/09/01 790 ~ OP ~IC 4249218 ~ OF S~ SYS'&~ 0.00 140.00 1020 583460 03/09/01 794 ~X ~TI~ 1104310 ~ 2000-2001 OP~ ~C 0.00 934.78 1020 S83461 03/09/01 1081 Y~I~S ~Y 1108303 auk;LI~ 0.00 393.28 ~ 583462 03/09/01 292 LI~ ~VX~ 4249218 PXZ~ ~a ~ 0.00 S5.40 03/08/01 CITY OF CUPERTINO PAGE 13 ACCOUNTING PERIOD: 9/01 CH~CK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: =ransac=.=r&ns_da=e becween "03/05/2001" and "03/09/2001' FUND - 110 - GEN~RA~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT. 1020 S83462 03/09/01 962 LINDA YELAVICR 5606549 BIRTHDAY CAKE / M.SOCI 0.00 33.98 1020 583462 03/09/01 962 LINDA YELAVICH 4249218 LUNCH SUPPLIES 0.00 31.00 1020 $83462 03/09/01 962 LIHDA YELAVICH $506549 FILM DEVELOPING 0.00 23.00 TOTAL CHECK 0.00 143.38 1020 563463 03/09/01 800 Z.A.P. MANUFACTURING INC 6308840 SUPPLIES P.O. 23766 0.00 25.18 TOTAL CASH ACCOUNT 0.00 1005287.93 TOTAL FUND 0.00 1005287.93 TOTAL KEPORT 0.00 1005287.93 RESOLUTION NUMBER 01-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOW'lNG CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON March 2, 2001 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $363,919.78 Less Employee Deductions $(117,709.16) NET PAYROLL $246,210.62 Payroll check numbers issued 52287 through 52495 Void check number CERTIFIED: ctor offAd&'mistrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall '~' 10300 Torre Avenue ClT~ OF Cupertino, CA 95014-3255 (408) 777-3354 CU Pl:l lNO (4o8)777.3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM '~ AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Pending State Legislation- Safe Routes to School Construction Program - SB 10 (Soto) BACKGROUND The Safe Routes to school Pwgram authorizes the State Department of Transportation - (CalTrans) to make grants available to local governmental agencies based on the results of a statewide competition that requires submission of proposals for funding. Caltrans rates those proposals on all of the following factors: (1) demonstrated needs of the applicant; (2) potential of the proposal for reducing child injuries and fatalities; (3) potential of the proposal for encouraging increased walking and bicycling among students; (4) identification of safety hazards; ($) identification of current and potential walking and bicycling routes to schools, and (6) consultation and support for projects by school-based organizations and associations, local traffic engineers, local elected officials, law enforcement agencies and school officials. The current statute and program ends with its repeal date on January 1, 2002. SB 10 would delete the Jennary l, 2002 repeal date of the Safe Routes to School Program, thereby extending it indefinitely. The League of California Cities currently supports SB 10 as consistent with its existing legislative policy supporting additional funding for pedestrian and bicycle access with maximum local flexibility to prioritize this huasportafion need. The City of Cupertino has received a Safe Routes to School C-rant of $400,000 that is currently being directed to the Monta Vista High School, Lincoln Elementary School and Kennedy Middle School area. STAFF RECOMMENDATION Staff recommends that the City Council support SB 10 in its current form extending the Safe Routes to School Program indefinitely. Submitted by: Approved for submission: Ralph A. Qt:~!ls, Jr. David W. Knapp Director of Public Works City Manager · -- RESOLUTION NO. 01~068 A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS TAI-TSON(} WANG AND PAU-LING SOPHIA YEN, CO-TRUSTEES OF THE WANG FAMILY TRUST DATED MAY 2, 1995; 21909 SAN FERNANDO AVENUE, APN 357-15-047 & 357-15-048 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Tai-Tsong Wang and Pau-Ling Sophia Yen, co-trustees of the Wang Family Trust dated May 2, 1995, for the installation of certain municipal improvements at 21909 San Femando Avmue and said agreement having been approved by the City Attorney, and Developer~ having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~ day of March, 2001, by the following vote: Vote Members o_.fthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 01-068 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tai-Tsong Wang and Pau-Ling Sophia Yen, co-trustees of thc Wang Family Trust dated May 2, 1995 LOCATION: 21909 San Fernando Avenue A. Faithful Perfo,,.lance Bond: Off-site: $ 30,000.00 On-site: $15,000.00 THIRTY THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: Off-site: $ 30,000.00 On-site: $15,000.00 THIRTY THOUSAND AND 00/100 DOLLARS C. Checking and Inspection F¢~: $ 2250.00 TWO THOUSAND TWO HUNDRED AND FIFTY 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: Basin 2 $ 589.00 FIVE HUNDRED EIGHTY NINE AND 00/100 DOLLARS G. One Year Power Cost: $ 75.00 SEVENTY FIVE AND 00/100 DOLLARS H. Street T~ca: By Developers I. Map Checking Fee: N/A J. Park Fee: ZONE I N/A K. Water Main Reimbursement: N/A L. Maps and/or lmprov__e_m_ent Plans: As specified in Item//23 of agreement RESOLUTION NO. 01-069 A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM TAI-TSONO WANG AND PAU-LING SOPHIA YEN, CO-TRUSTEES OF THE WANG FAMrLY TRUST DATED MAY 2, 1995, 21909 SAN FERNANDO AVENUE, APN 357-15-047 & 357-15-048 WHEREAS, Tai-Tsong Wang and Pan-Ling Sophia Yen, co-trustees of the Wang Family Trust dated May 2,1995, have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, gravting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 21909 San Femando Avenue. NOW, THEREFORE, BE IT RESOLVI~D that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said ~ant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19a' day of March, 2001, by the following vote: Vote Members o_._f the City Counoil AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVe-D: City Clerk Mayor, City of Cupertino - RESOLUTION NO. 01-070 A KESOLUTION OF THE CITY COUNCIL OF THE crrY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM TAI-TSONG WANG AND PAU-LING SOPHIA YEN, CO-TRUSTEES OF THE WANG FAMILY TRUST DATED MAY 2,1995, 21909 SAN FERNANDO AVENUE, APN 357-15-047 & 357-15-048 WHEREAS, Tai-Tsong Wang and Pau-Ling Sophia Yen, co-trustees of the Wang Family Trust dated May 2, 1995, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from thc underground basin, underlying that certain real property situate in the City of Cupe~ino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Author/7~tion" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~ day of Mareh, 2001, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino -1 City Hall 10300 Torre Avenue Cupertino, CA 95014=3255 CITY OF (408) 77%3354 C U PER,TINO PA:, 4o.)777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ~ ~ AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Resolution No. 01-~t Designating preferential parking zone on Tula Lane to include the first Saturday of each month between 8:00 a.m. and 12:00 p.m. BACKGROUND De Anza College has a flea market on the first Saturday of every month. The flea market is very successful and generates a great mount of traffic. The neighborhood east of Stelling Road has been impacted with vehicular parking from the flea market. Preferential parking zones have bzcn in place for residents in this neighborhood. The permit parking request is initiated through a neighborhood petition. After staff review, thc request is submitted to City Council for approval. In thc past, a majority of 67% or 2/3 of the residents, provided sufficient neighborhood support to approve permit parking. Tula Lane Pc,mit Parking Residents of Tula Lane have seen a steady intrusion of flea market patrons into their neighborhood over the years. This is, in part, a result of permit parking on streets adjacent to their neighborhood. The residents have submitted a petition for permit parking for inclusion into the existing parking pe~,,it area. They want to limit parking on Tula Lane on the first Saturday of each month for resident by permit parking only. The petition represents 34 residents along Tula Lane and Tula Court. Of the 34 addresses on the petition, 22 are residential property owners, 3 are residential tenants, and 8 were not interested, not home, or did not sign in support. The neighborhood support is 74% of residents within the parking distance to Tula Lane. They also submitted a letter attesting to an influx of vehicles parking on Tula Lane during the flea market at De .~nTn College. Staff supports inclusi°n of the Tula Lane residents into the existing permit parking area east of De Anza College. STAFF RECOMMENDATION Staffrecommenc~ that the City Council adopt Resolution No. 01- 0'1[, Designating preferential parking zone on Tula Lane to include the f'ust Saturday of each month between 8:00 a.m. and 12:00 p.m. Submitted by: Approved for submission: Ralph A. Q _Is, Jr. David W. Knapp Director of Public Works City Manager 2 - E".ANC. I' I W,~Y - i' IANC-'t I W,z~Y RESOLUTION NO. 01 =071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DESIGNATING PREFERENTIAL PARKING ON TULA LANE WHEREAS, Ordinance No. 1197 of the City of Cupertino ordains that a preferential parking zone be established in Cupertino in which parking will be prohibited on streets as designated by resolution of the City Council; and WHEREAS, exemption to such prohibition shall be by parking permit as established in said Orttinnnce. NOW, THERBFORE, BE IT RESOLVED that said parking pwhibition shall include the following restriction: Street Name Side Limits .Days Hours Tula Lane Both All On the first Saturday 8:00am -12:00pm. of each month PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19e day of March, 2001 by the following vote: Vote Member~ of the City Council AYBS: NOBS: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupr,~dno City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-335~4 CitY OF FAX (408) 777-3333 CUPEI INO PUBLIC WORKS DEPARTMENT ' SUMMARY AGENDA ITEM ] ~. AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Resolution No. 0{'~'/~- Approving Contract Change Order No. 12 for the Senior Center Project in the amount of $25,335.00, for a total contract amount of $3,739,711.00. BACKGROUND On June 8, 1999, the Council approved a contract with McCrary Con,~i~action for the Senior Center Project in the amount of $3,357,800. Since that time, 11 Contract Change Orders (CCO) aggregating $356,576.00 have been approved for various additional items of work, including CCO No. 3 in the amount of $175,674.00 for the replacement restroom to serve Memorial Park. A number of minor changes and additions continue to become necessary as the building nears completion. All of these modifications are similar to those recommended in CCO #11 recently approved by the Council. Most are due to minor unforeseen conditions that would have been difficult to anticipate at the time the construction drawings were completed or are needed to adequately accommodate the programs in the center. The items in Credit CCO #12 include the following: in.stalling public address speakers in additional rooms; installing light fixtures in restrooms and display cabinets; extending the deck railing; adding a motor starter and relay for the heating and air-conditioning system; changing the Stevens Creek Boulevard driveway from asphalt to concrete; and installing a concrete pad for the City-furnished bike rack. Most of the individ-nl items are less than $2,000, and along with several credits, all of the items result in a total cost of $25,335.00 th_st was negotiated with the conUactor. Staff believes this represents a reasonable price for the work involved. This change order cost is within the approved project budget. It is estimated that there will be one final close out change order for this project which will presented to Council for consolidation in April, 2001. 1 STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. I~--0'/~approving Contract Change Order No. 12 for the Senior Center Project in the amount of $25,335.00, for a total contract amount of $3,739,711.00 Submitted by: Approved for submission: Ralph A. Q~AIIs, Jr. V David W. Knapp Director of Public Works City Manager 2 Cit~ Hall 10300 Torr~ Avenue Cupertino, CA 95014-3255 Telephone: (408) 777=3354 CiTY OF FAX: (408) 777-3333 CUPEILTINO DEPARTIvIENT OF PUBLIC WORI~ CUPERTINO SENIOR CENTER, PROJECT NUMBER 99-9210 CONTRACT CHANGE ORDER NO. 12 Contractor McCrary Con~haction Company 1300 F, Imer Street Belmont, CA 940024011 The following changes are hereby approved: 124. Provide 220v Power and Receptacle to Ice Machlqe $ 370.00 12B. Provide 220v to Disposal & 120v to Solenoid for Disposal 1,196.00 12C. Install Public Address Speakers in Additional Room_~ 1.232.00 12D. Add Light fixtures in Restrooms and in Display Cabinet 4,905.00 12E. Install Add. Conduit and Conductors for Kitchen Exhaust Fan 258.00 12F. Install Keyed Lockset in Door 121B 241.00 120. Add Three Bobrick Paper Towel Dispensers in Restrooms 314.00 12H. Add Bobrick Mirror to Restroom (#132) 577.00 121. Install Jute Netting on Slope by Patio NW Comer of Bldg. 352.00 12J. Extend Deck Railing Along Walkway, Include Cables and Removable Chain Post to Wall 1,865.00 12K. Add 2 Lighting Fixtures in Reception Alcove 1,303.00 12L. Add 6 Window Blinds in Rooms 111, l12& 121 452.00 12M. Add Motor Starters and Relays For HVAC 4,575.00 12N. Relocate & Change Irrigation Control. to Inside Bldg. CREDIT (300.00) 120. Install Handicap Door with Push Pads on Door 114B 4,187.00 12P. Add Metal Louver at Door 137C at Top and Bottom 242.00 12Q. Pave Trenches For Utilities at Restroom 968.00 12IL Change SCB D/W from A.C. to Concrete 2,556.00 12S. Add Wood Trim around Cubbies in Exercise Rm. 287.00 12T. Delete Keying of Locksets- CREDIT (1,107.00) 12U. · Delete Undercounter Refrigerator in Workroom- CREDIT (215.00) 12V. Construct Concrete Pad for City Furnished Bike Rack 1,077.00 Total Change Order No. 12 $ 25~335.00 Change Order No. 12 Page 2 Total Project: Original Contract $ 3,357,800.00 Change Order No. 1 2,753.92 Change Order No. 2 9,171.00 Chnnge Order No. 3 175,674.00 Chnnge Order No. 4 14,271.00 Change Order No. 5 59,579.00 Change Order No. 6 24,684.08 Change Order No. 7 11,778.00 Change Order No. 8 15,604.00 Change Order No. 9 7,849.00 Change Order No. 10 42,716.00 Chnnge Order No. l 1 (7,504.00) Change Order No. 12 25,335.00 Revised Contract $ 3,739,711.00 CONTRACTOR CITY OF CUPERTINO Ralph A. Qualls~ Ir. Director of Public Works Title City Council: March 19, 2001 Date Rssolution No. 01 - RESOLUTION NO. 01-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE ORDER NO. 12 FOR CUPERTINO SENIOR CENTER, PRO~ECT NUMBER 99-9210 RESOLVBD by the City Council of the City of Cupertino, California, that Change Order No. 12 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as CUPERTINO SENIOR CENTER, PRO~ECT NUMBER 99-9210 BE IT FURTHER RESOLV~-D that funds are available and no further appropriation is necessary. PASSED AND ADOPTED at a re~mlar me,~ting of the City Council of the City of Cupertino this 19~ day of March, 2001, by the following vote: Vote M=mbers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 01-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 9325, LOCATED AT 10060 SOUTH STELLING ROAD AND 10051 BIANCHI WAY; DEVELOPER, STANLEY WANG; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS -COLLEGE VILLAS WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9325, located at 10051 Bianchi Way, showing certain avenues, drives, plac,~, and roads by Stanley Wans; and NOW, ~ORE, BE IT RESOLV]:.D THAT a. Said final map and improvement plnns of Tract No. 9325, be and the same are he, by approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City F~ugineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. PASSED AND ADOPTED at a ro~mlar meeting of the City Council of the City of Cupertino this 19i day of March 2001, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 CITY OF FAX: (408) 777-3333 CUPEILTINO DEPARTMENT OF PUBLIC WORKS SUMMARY AGENDA ITEM I ~ AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Resolution No. 0~'4)'~ Authorizing the Director of Public Works to negotiate and execute an agreement with DKS Associates to develop Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Interconnection Project in an amount not to exceed $390,000: BACKGROUND The goal of the Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Interconnaction Project is to improve t/affic flows on the City's Metropolitan Transportation System (MTS) regional arterials (De A~7~ Boulevard, Stevens Creek Boulevard and Wolfe Road) and reduce - queue spillbacks from the freeway ramps by developing a data exchange and monitoring system between the freeway ramp meter signals and the arterial traffic signals. The four specific project interchanges are 1) 1-280 and Wolfe Road, 2) 1-280 and De Anza Boulevard, 3) SR-85 and De Anza Boulevard and 4) SR-85 and Stevens Creek Boulevard. During peak traffic flows, the 1-280 and SR-85 freeway corridors have periods of severe congestion. Queue spillbacks from the ramps create bottlenecks on the three project arterials. Currently, it is not possible to effectively manage and coordinate the traffic between the fi~eway ramps and the arterial streets. This is a federally funded first cycle Transportation Equity Act of 21~ Century (TEA-21) Surface Transportation Program/Congestion Management Air Quality (STP/CMAQ) project. The total Project budget is $500,000. DESIGN AGREEMENT On August 31, 2000, the City issued a Request for Proposals for consultants to perform Traffic Engineering Services for this project. Stuff received proposals from two COllSHltnnts on September 28, 2000. They were: DES Associates and IBI Group. An interview panel with Staff, Caltrans and Zumwalt Engineering Group met with the consultants on October 19, 2000. Following the interviews, the interview panel selected DIGS Associates. -- Staff has negotiated a price not to exceed $390,000, which includes design by DES'Associates and software programs by subconsultants Naztec and Wiltec, respectively. Money is available in Account No. 270-9531. 1 The scope of work is to develop a system to optimally coordinate timings between ramp meter signals and arterial traffic signals to improve traffic flow. A two-way data exchange system between the Caltraus ramp meters and the City's arterial traffic signals is to be developed and used to devise and implement a system to adjust arterial signal timings to match the current traffic conditions. The system should provide for coordinated adjustment of signal timings by both the City and Caltraus staff. This Project will also include provisions for integrating video monitoring of the Project intersections. The City must obligate construction funds with Caltrans by September 30, 2001. STAFF RECOMMENDATION Staff-recommends that the City Council approve the authorization of the Director of Public Works to award an agreement in an amount not to exceed $390,000 to DKS Associates to develop Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Interconnecfion Pwject. Submitted by: Approved. for submission: Ralph A. Quails, Jr. D W. Knapp Director of Public Works City Manager 2 RESOLUTION NO. 01-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE DII~CTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE A DESIGN AGREEMENT WITH DKS ASSOCIATES TO DEVELOP THE CUPERTINO INTERCHANGES RAMP METER/ARTERIAL TRAFFIC SIGNAL INTERCONN~CTION PROJECT WHEREAS, DKS Associates has presented a proposal to the City of Cupertino to develop the Cupertino Interchanges Ramp Meter/Arterial Traffic Signal Interconnection Project; and WHEREAS, DKS Associates will perform the design tasks with software programs and data collection by subconsultauts, Naztec and Wiltcc in an mount not to exceed $390,000.00; and --. WHEREAS, thc provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THERRI~ORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned a~e~nent and authorizes the Director of Public Works execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTRi3 at a regular meeting of the City Council of the City of Cupertino this 19" day of Maroh, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CiO/Hall _ 10300 Torre Avenue Cupgrtino, CA 950 ! 4=3255 CITY 0[: Telephone: (408) 777-3354 CUPER!INO (408)777.3333 DEPARTMENT OF PUBLIC WORKS SUMMARY AGENDA ITEM [~' AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Authorization for the Director of Public Works to negotiate end execute a design agreement with DKS Associates to develop the Cupertino Adaptive Traffic Signals Control System Project not to exceed $g05,000. BACKGROUND The goal of the Cupertino Adaptive Traffic Signals Contwl System Project is to improve traffic flows on the City's Metropolitan Transportation System (MTS) regional arterials (Dc Anza Boulevard, Stevens Creek Boulevard and Wolfe Road) end a local arterial corridor (Homestead - Road). The Project will continuously deploy coordinated adaptive traffic signal timing plan-~ for 38 traffic signals. It will pwvide a high level of transportation system management for the arterial corridors in Cupertino. As lead agency, Cupertino will cooperate with Caltrans end cities of Sen Jose, Sunnyvale end Saratoga to adequately address the traffic congestion issue. During peak hours, the De Anza Boulevard, Stevens Creek Boulevard, Wolfe Road and Homestead Road arterial corridors have periods of heavy traffic congestion. Cupertino wants to effectively manage end coordinate the traffic flows in real time. An adaptive traffic signals control system shall be fully responsive to varying traffic flow conditions. Project benefits include timesavings end better levels of service on arterial corridors. This Pwject is federally funded by second cycle Transportation Equity Act of 21st Century Surface Transportation lh'ogram/Congestion Management end Air Quality Improvement, with a total Project budget of $1,000,000. DESIGN AGREEMENT On November 1, 2000 the City issued a Request for Pwposals for consultants to perfov~ Traffic Engineering Services for this Project. Staff received proposals from one consultant, DKS Associates, on November 30, 2000. An interview panel with stArT, County of Senta Clara~ and Zumwalt Engineering Group met with the consultants on December 13, 2000. The inte~iew panel recommends the single applicant, DKS Associates. Staff has negotiated a price not to exceed $805,000, which includes design by DKS Associates and software programs and data collection by subconsultants Naztec and Wiltec, respectively. Money is available in Account No. 420-9535. The scope of work for the Project will generally include: Developing adaptive traffic conl~ol system software · Integration with "Streetwise" Advanced Tra~c Management System at the Cupertino Traffic Operations Center · Installing system hardware including "smart" trru~fic data collection stations and system detectors . Re-timing of arterial traffic signals. The City must obligate con~traction funds with Caitrans by September 30, 2002. STAFF RECOMMENDATION Staff recommends that the City Council approve the authorization for the Director of Public Works to award a design agreement not to exceed $805,000.00 to DKS Associates to develop the Cupertino Adaptive Traffic Signals Conl~ol System Project. Submitted by: Approved for submission: Ralph A. Quails, Jr. 'M David W. Knapp Director of Public Works City Manager 2 RESOLUTION NO. 01-075 A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF CUPERTINO AUTHOI~IZrNG THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE A DESIGN AGREEMENT WITH DKS ASSOCIATES TO DEVELOP THE CUPERTINO ADAPTIVE TRAFFIC SIGNALS CONTROL SYSTEM PROJECT WHBRP_AS, DKS Associates has presented a proposal to thc City of Cupertino to develop the Cupertino Adaptive Traffic Si~,~l-~ Control System Project; and WHEREAS, DKS Associates will ped'orm the design tasks with software programs and data collection by subconsultants, Naztec and Wiltec; and WHEREAS, the provisions, terms~ and conditions of the aforeoientioned agreement have been r,.wiewed and approved by the City Attorney and the Director of Public Works. -.- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Director of Public Works execute said agreement on behalf of the City of Cupurfino. · PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~h day of March, 2001, by the following vote: Vote Members o_.f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City 0f Cupertino City Hall 10300 Torte Avenue Cupertino, CA 9S014-32SS (4OS) 777-3354 CITY OF FAX (408) 777-3333 CUPE INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ~ ~ AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Mary Avenue Bicycle Footbridge Feasibility Study BACKGROUND At its December 4, 2000 meeting, the City council adopted a resolution approving a recommendation from the Bicycle and Pedestrian Advisory Committee to allocate $200,000 from the Mary Avenue Bicycle Footbridge Project to initiate a feasibility study and preliminary - environmental review. Staff was direct~l to evaluate and address the concerns and issues as raised by members of the community and others that may a_rise from the feasibility study. VTA Cooperative Agreement Under a Cooperative Agreement, the VTA will fund $200,000 of Measure B Bicycle Funds. The Bicycle Expenditure Program in the Santa Clara Countywide Bicycle Plan includes $3,700,000 for initial development of the Bicycle Footbridge, including the feasibility study. VTA will fund 80% of the total costs, with the local agencies funding the final 20%. The State of California will add another $500,000. Consultant Contract On Jan,,~,'y 12, 2001, the City issued a Request for Proposals from consultants to conduct a feasibility study on the Bicycle Footbridge. Staff received proposals from three consultants on February 8, 2001. They were: Mark Thomas, Nolte, and SGA. An interview panel with Staff, the Bicycle and Pede~trlan Advisory Committee, and the City of Sunnyvale met with the consultants on Febiq~_n_~ 22, 2001. Following the interviews, the panel selected SGA and recommended approval by the Cupertino City Council of a contract to conduct the feasibility study. The ad hoc task force approved this recommendation. 1 Pr~tod o'~ Recycled Paoer Staff has negotiated an agreed price of $150,000 with SGA to conduct the feasibility study. Zumwalt Engineering Group will act as project manager on behalf of the City for a fee of $20,000. SOA will perform the following tasks in their scope of work: Task 1 Project Management Task 2 Inventory - Analysis and Design Resources Task 3 Pre-design analysis of benefits, needs, opportunities, and challenges Task 4 Conceptual Design Task $ Development of uniform standards Task 6 Implementation Study Task 7 Final Report and Presentation The timeline of the feasibility study calls for a kickoff meeting on April 16, 2001, with the BPAC subcommittee. SGA will facilitate community meetings with BPAC. SGA and BPAC will present the report to Council on October 16, 2001. STAFF RIgCOMMENDATION Staff recommends that the City Council take the following actions: a. Adopt Resolution No. 01- §'~ ~, authorizing the City Manager to execute the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Program Funds Cooperative Agreement to receive $200,000 in Measure B funds to implement the feasibility study on the proposed Mary Avenue Bicycle Footbridge; b. Adopt Resolution No. 01- 0'~'~ , authorizing the Director of Public Works to negotiate and execute an agreement with SOA in an amount not to exceed $180,000. Submitted by: Approved for Submission: Ralph A. Quall.~, Jr. David W. Kn~pp Director of Public Works City Manager RESOLUTION NO. 01-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY 1996 MEASURE B BICYCLE PROGRAM FUNDS COOPERATIVE AGREEMENT TO IMPLEMENT FEASIBILITY STUDY OF PROPOSED MARY AVENUE FOOTBRIDGE WHBRBAS, there has been presented to the City Council the Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Program Funds Cooperative Agreement to implement a feasibility study of the proposed Mary Avenue Footbridge; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and npproved by the City Attorney and the Director of Public Works. -- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby, approves the aforementioned agreement and authorizes the City Manager to execute said agreement on behalf of the City of Cupe~ino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~h day of March, 2001, by the following vote: Vote Members o_..f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk lViayor, City of Cupertino -3 RESOLUTION NO. 01-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHOIIIT. ING THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECIYTE AN AGREEMENT WITH SGA ASSOCIATES TO CONDUCT A FEASIBILITY STUDY ON THE PROPOSED MARY AVENUE FOOTBRIDGE WHEREAS, SGA Associates has presented a proposal to the City of Cupertino to conduct a feasibility study of the Mary Avenue Footbridge; and WHEREAS, SGA Associates will perform the tasks of project manaEement; inventory; analysis of benefits, needs, opporvmities, and challenges; development of concept Irail rates; development of uniform standards; implementation; and submit report; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the afoxeanentioned aEreement and authorizes the Director of Public Works execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March, 2001, by the following vote: Vote M=mbers of the. City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino -ti CITY OF CUPE INO PARKS AND RECREATION ADMINISTRATION STAFF REPORT Agenda Item Number IQ Agenda Date: March 19, 2001 SUBJECT AND ISSUE Approval of the De Anza Cupertino Aquatics (DACA) lease for use of the Sports Center pool. The current lease with DACA expires March 31, 2001. BACKGROUND DACA, which initially offered swim inslxuction through Cupertino Parks and Recreation as a co- sponsored club, was granted a five-year lease for exclusive use .of the swim center, pool and locker rooms April 1, 1996. At the regular meeting of September 18, 2000, the City Council directed staff to negotiate a new lease with DACA. DACA has a unique relationship with the City. As a co-sponsored club under the Parks and Recreation's umbrella, DACA enjoys access to school district facilities at the rate the district charges the City. As a tenant of the Sports Center, the City offers DACA exclusive use of the pool at 35 percent of what the City is charged for rental by the Fremont Unified High School District. Some highlights of the proposed lease include: · Five-year term to commence April 1, 2001 and nm through March 31, 2006 · Initial rent of $2,844 per month, increasing by four percent per year for the life of the lease · City pays for all maintenance and repair costs, except dsmage caused by the tenant · Tenant shall pay utility costs for electrical and water at the rate of $333 a month, and escalating by four percent per year through March 31, 2006 · The city reserves the right to meet as needed with the executive director of DACA to review utility costs associated with DACA's use of the pool, cabana lockers, office, and mechanical room. As utility costs fluctuate, DACA will still be responsible for 100 percent of the utility costs associated with their operation. This lease has bc~n agreed to by DACA as evidenced by the tenant's signature. P~r~teg on Recycled Paper Staff Report- DACA Lease Agreement Page 2 March 19, 2001 STAFF RECOMMENDATION Adoption of the Resolution authorizing execution of the lease agreemem with De Anza Cupertino Aquatics for exclusive use of the Cupertino Sports Center pool and other related facilities. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Parks and Recreation Department mp O:%PARKS AND RECY. F. ATION ADI~Nk~PORTS C~rI~.~DACA STAI~ I~POR. T 031 goI .DOC RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN EXCLUSIVE LEASE AGREEMENT WITH DE . ANZA CUPERTINO AQUATICS FOR USE OF THE CUPERTINO SPORTS CENTER POOL AND OTHER RELATED FACILITIES WHEREAS, there has been presented to the City Council a lease agreement between De Anza Cupertino Aquatics and the City of Cupertino for lease of certain space which includes the pool, detached Men's and Women's locker rooms, mechanical room, and storage/office area of the building known as the Cupm'tino Sports Center located at 21111 Stevens Creek Boulevard; and WHEREAS, the lease has been approved by De Anza Cupertino Aquatics as evidenced by the tenant's signature on the lease, dated 2-26-01; and WHEREAS, the provisions, ternm, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino LEASE OF A PORTION OF THE CUPERTINO SPORTS CENTER TABLE OF CONTENTS ..ARTICLE 1. LEASED PREMISES 1.01. Agreement to Lease 1.02. "Leased Premises" Defined 1.03. Right to Use Common Areas ARTICLE 2. TENANT'S BUSINESS USE/NON-COMPETITION 2.01. Permitted Business Use ARTICLE 3. TERM OF LEASE 3.01. Commencement Date and Term 3.02. Preliminary and Original Term 3.03. Confi,mation of Term ARTICLE 4. P,.ENT AND OTHER CHANGES 4.01. Fixed Rent 4.02. Maintenance and Repair Costs ~c~c~s/c u28oo I [~-L{ -- 4.03. Utility Costs 4.04. Taxes 4.05. Additional Rent ARTICLE 5. MAINTENANCE AND USE OF COMMON AREAS 5.01. Maintenance and Control 5.02. "Common Areas" Defined 5.03. Tenant's Right to Use Common Area 5.04. Tenant Parking ARTICLE 6. CONSTRUCTION AND REPAIRS 6.01. City Construction/Condition of Premises -- 6.02. Tenant Construction 6.03. Alterations and Improvements By city 6.04 Inability of the Tenant to Utilize the Leased Premises Due to City Construction, Alteration Maintenance, or Repair 6.05. Alterations and Improvements By Tenant 6.06. Repairs to Premises 6.07. Ownership of Improvements ARTICLE 7. · DESTRUCTION OF LEASED PREMISES OR SPORTS CENTER 7.01. Notice of Damage 7.02. Damage or Destruction From ln~ured Casualty 7.03. Right to Terminate Lease 7.04. Payment of Insurance Proceeds PC/C/S/C 112800 2 ARTICLE 8. USE OF LEASED PREMISES 8.01. Business Hours 8.02. Prohibited Actions 8.03. Compliance with Laws 8.04. Advertising and Signs 8.05. Assignment and'Sublease ARTICLE 9. INDEMNITY AND INSURANCE 9.01. Indemnity 9.02. Insurance by Tenant 9.03. Subrogation Waiver 9.04. Proceeds ARTICLE 10. CONDEMNATION 10.01. Termination of Lease 10.02. Continuation of Lease 10.03. Option to Tem~inate Lease 10.04. Condemnation Award 10.05. Waiver ARTICLE 11. DEFAULT AND TERMINATION 11.01. "Default" Defined 11.02. Terrninntion of Lease and Recovery of Damages 11.03. City's Right to Continue Lease in Effect 11.04. City's Right to Relet 11.05. City's Right to Cure Tenant Defaults 11.06. Cumulative Remedies 11.07. Waiver of Br~ach 11.08. Surrender on Termination 11.09. Holdover Tenancy 11.10. Attorney's Fees ARTICLE 12. MISCELLANEOUS 12.01. Landlord-Tenant Relationship 12.02. City's Right of Entry -- 12.03. Interest on Obligations 12.04. Notices 12.05. Binding on Heirs and Successors 12.06. Time of Essence 12.07. Sole and Only, Agreemem 12.08. Invalidity or Unenforeeability 12.09. Waivers 12.10. Captions SPORTS CENTER LEASE This Lease is entered into on 2001, by and between the City of Cupertino, a California municipality ("City") and De Anza Cupertino Aquatics, hereinafter referred to as DACA, a non-profit corporation, organized under the laws of the state of California ("Tenant").. ARTICLE 1. LEASED PREMISES Agreement to Lease 1.01. In consideration of the agreements and covenants contained in ttfis Lease to be kept and performed by both City and Tenant, City leases to Tenant and Tenant leases from City the premises described in Paragraph 1.02. of this Lease. "Leased Premises" Defined 1.02. "Leased Premises" means that certain space which includes the pool, detached Men's and Women's locker rooms, mechanical room, and storage/office area of the building known as the. Cupertino Sports Center located at 21111 Stevens Creek Blvd., Cupertino, California. Right to Use Common Areas 1.03. Except as specifically stated in subsection 503 (a), Tenant has the non- exclusive right to use, in common with others, and subject to the restrictions and conditions contained in the Lease, the Common Areas of the Sports Center. The teml "Common Area" is d~fmed in Paragraph 5.02. of this Le~e. PC/C/S/C 112800 $ t~'~ ~'~ · - ARTICLE 2. Tenant's Business Use/Non-Competition Permitted Business Use 2.01. Subject to the restrictions and conditions contained in Paragraph 2.02. of this Lease, Tenant is leasing the leased premises for the sole purpose of operating and conducting the business of providing a swim instruction program. Tenant may not use the leased premises or permit the leased premises to be used for any unrelated purpose, unless ag~ed upon in writing by the City. ARTICLE 3. TERM OF THE LEASE Commencement Date and Term 3.01. The original term of this Lease shall be for a period of five years beginning on the Commencement Date. The Commencement Date is April 1, 2001. ~ Preliminary and Original Term 3.02. The period beginning on the date of the execution of this Lease and ending on the day immediately preceding the Commencement Date shall be the "Preliminary Texm" of this Lease. The period beginning on the Commencement Date and continuing until the expiration date or earlier termination of this Lease shall be the "Original of this Lease. Unless otherwise specified, references in this Lease to the "Term of This Lease" include both the Preliminary Term and the Original Term. Tenant's obligation to pay rent and/or other monetary mounts required under this Lease shall be abated during the preliminary Term; otherwise, all provisions, covenants, and conditions of this Lease shall apply to Tenant during the Preliminary Tenn. Confum,tiun of Term -- 3.03. Following the determination of the COmmencement Date and Termination Date of the Original Term of this Lease, City and Tenant shall each execute, at the option of City, a written statement prepared by City conf~,s,,ing those dates. ARTICLE 4. RENT AND OTHER CHARGES Rent 4.01. Beginning on the Commencement Date and continuing throughout the term of the Lease, Tenant shall pay a monthly rent to City as follows: April 1, 2001 - March 31, 2002 .$2,844 April 1, 2002 -March 31, 2003 $2,958 April 1, 2003 -March 31, 2004 $3,076 April 1, 2004 - March 31, 2005 $3,199 April 1, 2005- March 3 I, 2006 $3,317 Said rent shall be paid to City without deductions or offsets at the address set forth in this Lease for giving notices to City. Maintenance and Repair Costs 4.02. City shall be responsible, at its sole cost, for maintaining the Leased Premises, including doorways, windows, sidewalks, and halls adjacent to the Leased Premises in good repair and sanitary order, condition, and repairs, normal wear and tear excepted; provided, however, Tenant shall be responsible for any maintenance or repair of any damage to the Leased Premises or to the Cupertino Sports Center caused by the intentional or negligent conduct of Tenant,' Tenant's employees, customers, or guests. Any costs incurred by City for any maintenance or repair of any damage caused by Tenant, its employees, customers, or guests described above shall be charged and collected by the City as additional rent. Utility Costs 4.03. Beginning on the commencement date, DACA shall be responsible for PC/CJS/C 112SO0 7 t~'~ ~'[ 0 payment of all utility costs applicable to the Leased Premises, including water, electricity, gas, garbage collection, janitorial, and daily pool maintenance. With respect to electrical and water utilities, in lieu of separate metering, Tenant shall pay to City, as additional rent, the following monthly sums for electrical and water utilities: April 1, 2001 - March 31, 2002 $333.00 April 1, 2002 - March 31, 2003 $346.00 April 1, 2003 - March 31, 2004 $360.00 April 1, 2004 - March 31, 2005 $374.00 April 1, 2005- March 31, 2006 $384.00 Tenant Shall be responsible for its own telephone service, and shall provide its own office equipment, fumishirtgs, and cleaning services. The City reserves the fight to meet as needed with the Executive Director of DACA to review utility Costs associated with DACA's use of the pool, cabana lockers, office, and mechanical room. As utility costs fluctuate, DACA will still be responsible · for 100% of the utility costs associated ~,vith their operation. Taxes 4.04..Beginning on the commencemcnt date, Tenant shall pay all applicable taxes associated with its tenancy including, but not limited to, any possessory interest property tax and business license tax levied by any governmental entity. Additional Rent 4.05. In addition to the Rent payable by Tenant under this Lease, any other monetary sum required to be paid under this Lease to be paid by Tenant to City or to others is deemed under this Lease to be additional rent payable by Tenant under this Lease whether or not the monetary sum is so designated as additional rent. Unless otherwise provided, all undisputed additional rent is due and payable at the same time as Rent, and City has the same remedies for Tenant's failure to pay undisputed additional rent as it has for Tenant's failure to pay Rent. ARTICLE 5. MAINTENANCE AND USE OF COMMON AREAS Maintenance and Control $.01. All.common areas (defined in Paragraph 5.02. of this Lease) of the Cupertino Sports Center are subject to the exclusive control of the City. City may construct, maintain, operate, illuminate, and manage thc common areas in a manner detennined appropriate by City in its sole discretion. Subject to the pwvisions of Article 6 of this Lease (regarding construction and repairs), City reserves the right from time to time during the teim of this Lease to 1) reduce or change the number, size, type, location, and use of any facilities in the common area, (2) to cor~hact new improvements, buildings, or facilities, or (3) remove existing improvements, buildings, or facilities in the common areas. City may employ and discharge all personnel hired in connection with the common areas; police, and maintain security services for, the common areas for any purpose; regulate parkin.~ by Tenant, its employees, customers and guests; establish, modify, and enforce rules and regulations for the common areas and subject to the provisions of Article 6 of this Lease, close the cowmon areas when necessary to make repairs, changes, or alterations to the common areas. In the event of a temporary closure of the common areas or the alteration, rearrangement, or other changes in the facilities of the common areas (1) City shall not be liable to Tenant for any resulting loss or damage (2) Tenant shall not be entitled to any abatement of rent or other compensation; and (3) the closure, alteration, rearrangement or other change shall not constitute an actual or constructive eviction of Tenant or other grounds for TenAnt to terminate this Lease. PC/C/S/C 112800 10 ' "Common Areas" Defined 5.02. "Common Areas" means those areas, facilities, space and equipment made available by City for common and joint use and benefit of City, Tenant and 'other users of the Cupertino Sports Center, including their respective employees, customers and guests. "Common Areas" includes only the following, to the extent provided by City: parking areas, driveways, access roads, landscaped areas, truck service ways, loading facilities, restrooms, ramps, sidewalks, pool, pool deck and detached poolside locker rooms, mechanical room, and storage/office area. Tenant's Right to Use Common Area 5.03. (a) Subject to the provisions ofAxticles 5 and 6 of this Lease, Tenant and its employees shall have the exclusive use of the swimming pool, pool deck and detached poolside locker rooms, mechanical room and storage/office area from September 1 through May 31 of each year of.the term of this lease. 5.03 Co) Subject to the provisions in Articles 5 and 6 of this Lease, City, during the term of this lease, grants to Tenant and its employees, customers, and guests, the non- exclusive right in common with City and all others to whom the City has or may grant the right, to use the Common Areas subject to Tenant's compliance with any rules and regulations enacted or modified by City that govern the use of the Common Areas. Tenant agrees to abide by and to use its best effort to cause its employees, customers and guests to abide by City's roles and regulations for the Common Areas. ' POdC/S/¢ II2SO0 11 ~'"} '''''{ q Tenant Parkin~ 5.04.. Notwithstanding Tenant's right to the non-exclusive use of the parking area at the Cupertino Sports Center, City reserves the right, should the available parking not be sufficient to meet the demands of all users of the Sports Center, to designate no more than 20 parking spaces for Tenant's exclusive use. In the event of said designation, Tenant shall insure that Tenant, its employees, customers and guests shall park only in those spaces designated for Tenant's use. Notwithstanding the above, Tenant's employees, contractors, consultants are required to park behind tennis courts #2 through #5. on the premises. ARTICLE 6. CONSTRUCTION AND REPAIKS -~ City Cor~i~aetion/Condition of Premises 6.01.Co) Tenant has at the time of execution of this lease inspected the leased premises and accepts it in its "as is" condition. If si?~fieaat changes negatively impact the "as is" condition of the leased space atter the time of the execution of the lease but before commencement, the City will restore the leased space to the original "as is" condition. Tenant Construction 6.02.(a) Tenant assumes all liability for personal injury or property damage in any way arising out of the performance of Tenant's Work. Further,, Tenant agrees.to defend, index~nlfy, and hold h~,,,less City against all damages, liabilities, or other costs or expenses (including legal fees and costs) that City may pay as a result of any claim or -- lawsuit arising from Tenant's Work. Alterations and Improvements by City 6.03. City may, at any time with thirty (30) days prior written notice to Tenant, make additions or alterations to the Cupertino Sports Center, including the Leased Premises. City may also construct additional improvements o3 buildings in the Cupertino Sports Center, expand or reduce the size of the Cupertino Sports Center, and enclose any open areas of the Center. Further, City may at any time use any part of the exterior wails, roof, or airspace above finished ceiling of the Leased Premises to carry out any consu'uction described in this paragraph or any repairs described in Paragraph 6.06. or Article 7. Inability of the Tenant to Utilize the Leased Premises Due to City Consttaedon, Alteration Maintenance, or Repair 6.04 In the event that the City's construction, alterations, maintenance or repairs of the Cupertino Sports Center (as described in Paragraphs 5.01 and 6.03 of this Lease) result in the inability of the Tenant to use the Leased Premises for its swim instruction program, the rent described in Paragraph 4.01 of this Lease shall be abated during said period of inability. In the event that said inability continues for a period of 90 consecutive days, or more, Tenant, upon written notice to the City, may ter~ninate this Lease prior to its expiration without further obligation or duty on the part of either party. The remedies contained in this subsection constitute the sole'remedies available to the Tenant should it be unable to use the Leased Premises due to City's construction, alteration, maintenance, or repair of the CuPertino Sports Center. Neither the City nor its officers or employees will be liable to for any damages or loss caused by the Tenant's . inability to utilize the Leased Premises under the above-described conditions. Except as 12800 13 described herein, the con~haction, alteration, maintenance or repair which causes the Tenant to be unable to utilize the Leased Premises shall not constitute an acv_~_~! or constructive eviction of Tenant or other grounds for Tenant to terminate this Lease. City shall provide tenant with a minimum of 90 days written notice prior to undertaking construction alterations, maintenance or repairs of the Cupertino Sports Center which will result in the tenant's inability to use the Leased Premises. Alterations and ImI~rovements by Tenant 6.05. Except for Tenant's Work described in Paragraph 6.02., Tenant may not make any majOr alterations or improvements including installation of storage units to the Leased Premises during the term of this Lease without first obtaining written consent of City. City's consent to any such alterations or improvements shall not be unreasonably withheld. Any alterations or improvements approved by City shall be performed pursuant to plans and specifications previously approved by City for specific alterations and improvements shall not in any way interfere with normal operations of the Cupertino Sports Center, and in all respects shall comply with the requirements for Tenant's Work described in Paragraph 6.02. of this Lease. Repairs to Premises 6.06. City shall, at its sole cost, maintain and keep in good order, condition, and repair the Leased Premises. City's obligation for repairs under this Paragraph extends only to damage not caused by Tenant or Tenant's employees, customers and guests. City is not obligated to make any repair, except in the case of emergency, until it receives written notice from Ten,hi; of the necessity for the repair. In m__sking any repairs, City shall use its best efforts to perform the work with a mininlum of disruption to Tenant's business. Any emergency repair will be completed within 24 hours on notification. City agrees to commence all o~her repair work within one working week of notification. Ownership of Improvements 6.07. All alterations, additions, and improvements, except for Tenant's stock in trade, trade fixtures, fum/ture and furnishings or storage units, made or placed in or on the Leased Premises by Tenant or any other person shall on expiration or earlier termination of this Lease, become the property of City and remain on the Leased Premises. City shall have the option, however, on expiration or termination of this Lease, of requiring Tenant to remove any or all such alteration, additions, and improvements from the Leased Premises. ARTICLE 7. DESTRUCTION OF PREMISES OR CUPERTINO SPORTS CENTER Notice of Damage 7.01. Within 24 hours of its occurrence, Tenant shall notify City of any d~mage or accident occurring on the Leased Premises. Damage or Desu~ction From Insured Casualty 7.02. Subject to the limitations set forth in this Paragraph; if at any time during the term of this Lease, the Premises are damaged or destroyed by fire or any other casualty covered by City's fire and extended coverage insurance, City shall promptly repair, rebuild, or restore the Premises to substantially the same condition as was originally delivered to Tenant under this Lease. Notwithstanding the foregoing, City shall not be obligated to expend for repairs or rebuilding an amount in excess of the net insurance pwceeds for damage to the Premises recovered by it. "Net Insurance Proceeds" means the total amount of proceeds recovered and attributable to the Prenfises, less any expenses incurred by City in recovering the proceeds. City shall commence repair, restoration, or rebuilding work, as appropriate, not later than 60 days after the occurrence of the event causing damage or. destruction, and shall cause construction to be completed not later than 6 months after the occurrence of the event causing damage or destruction. If City does not commence or complete construction within the time periods described in this Paragraph, Tenant shall have the right to tem~inate the Lease by giving City written notice within 10 days after expiration of the applicable time period. Right to Terminate Lease 7.03. Notwithstanding Paragraph 7.02. of this Lease, City shall have the right to terminate this Lease and shall have no obligation to repair, restore, or rebuild the Premises or the Cupertino Sports Center, as the case may be, under any of the foll0wing circumstances: (a) The leased Premises are damaged or destroyed by a casualty not covered by City's insurance. (b) Thc PO01 in thc leased Premises is damaged or destroyed by any cause (whether or not thc damage or dea~raction ac~mlly includes the Premises), and the cost of repair, restoration, or rebuilding exceeds a total of forty-five (45%) percent of the then-replacement cost of the pool. If City elects to tem~inatc this Lease under any of the above circumstances, City shall give written notice to Tenant not later than 30 days after occurrence of thc casualty. This notice shall set forth the date on which thc termination is to be effective. That date shall be not less than 30 days nor more than 60 days after the date of the tem~ination notice. ~c~c n28oo 17 [ '~--'~) Payment of Insurance Proceeds 7.04. All insurance proceeds payable with respect to the Premises shall belong to and be payable to City. If City does not elect to terminate this Lease, the insurance proceeds, shall be disbursed in the following order: first, to City's cost of rebuilding or restoration; second, to Tenant's cost of rebuilding or restoration, excluding costs covered by Tenant's insurance. ARTICLE 8. USE OF PREMISES Business Hours 8.01. Begirming on the commencement date, Tenant shall maintain an office facility at all times during its normal hours of operation. Tenant shall dete,,,fine its own ---. hours of operation provided that said hours are between 8:00 a.m. and 9:30 p.m. Monday through Friday arid 8:00 a.m. through 3:30 p.m. Saturday through Sunday. Prohibited Actions 8.02. Tenant may not do any of the following on the Leased Premises: a) Permit or commit any waste. b) Operate, cause, or permit to be operated any catalogue, mail, or telephone order sales in or from the Premises, except for the incidental sale of merchandise that Tenant is permitted to sell on the Leased Premises to customers, except as otherwise approved in writing by the City. c) Permit or conduct any public or private auction on the Leased Premises or any sale, that would or would tend to indicate that Tenant is going out of business, is · - bankrupt, or has lost its lease. d) Place or permit the placement of any pay telephone, vending machines, or amusement or video games on the Leased Premises. e) Use or permit the Common Areas adjacent to the Leased premises to be used for the display or sale of merchandise for any other business purpose unless consented to in writing by City. f) Permit the making of any noise or sounds that carry beyond the boundaries of the Leased Premises, whether through loudspeakers, other types of electronic devices, or otherwise. g) Conduct or permit any type of unlawful conduct on the Leased Premises. h) Other than for daily maintenance, store or use ofhsT~rdous substances or materials on the Leased Premises must follow City, State, and Federal law. Compliance with Laws 8.03. At its sole expense, Tenant shall comply with all governmental laws, rules, regulations, orders, and ordinances relating to the Leased Premises and to the use and occupancy of the Leased Premises. Tenant shall also maintain and keep in force all licenses and permits required by government authorities and shall comply with all requirements, recommendations, and regulations of City's and Tenant's insurance companies. Advertising and Signs 8.04. (a) Tenant shall include the r~anle of Cupertino Sports Center in any advertising of its swim lesson instrUction business, except that permitted signs located on the Leased Premises or at the Cupertino Sports Center need not contain the name of the Cen~er. PC/C/S/C i 12800 19 · -- Co) Tenant shall not place, install, or maintain any sign, awning, canopy, advertising, or other matter on the exterior of thc Leased Premises (whether out of doors or indoors), including any window or door, unless it obtains prior approval of City. Tenant shall maintain all signs and other items described in the Paragraph in good condition and repairs. Assignment and Sublease $.05. (a) Tenant shall not do any of the following without first obtaining written consent of City: assign, sell, mortgage, or in any other manner transfer this lease or any interest of Tenant in the Lease; sublet the whole or any part of the Leased Premises; or permit all or any part of the Leased Premises to be occupied by others (whether through the grant of a concession, license, or otherwise). Any consent requested from City may -' be given or withheld by City as City in its sole discretion determines. Any consent given by City under this Paragraph applies only to the specific transfer transaction for which it is given, and City's consent to a specific transfer transaction does not relieve or excuse Tenant from the requirement that Tenant obtain the prior written consent of City for any subsequent transaction. Any transfer described in this Paragraph, whether made with or without City's prior written consent, does not relieve Tenant of applicable terms and covenants under this Lease (including the payment of rent), unless City executes a written agreement for a specific transfer that provides,otherwise. The prohibition against transfer described in this Paragraph includes any transfer transaction described above that occurs by operation of law, legal process, receivership, bankruptcy or otherwise, whether voluntary or involuntary. · -- (b) Without in any way waiving its right to approve or disapprove any transfer transaction described in this Paragraph, City may (1) collect rent from any assignee, Subtenant, user, or occupant of the Leased Premises following any transfer described in this Paragraph, whether or not City gave its prior written consent for the transfer, and (2) apply the collected mount to the rent due from Tenant under this Lease. (c) The aunsfer of corporate shares of the corporate Tenant by assignment, sale, bequest, inheritance, operation of law, or their disposition shall not be considered a prohibited transfer transaction under this Lease if it results in the individual Tenant remaining as the authorized representative of the corporate Tenant for purposes of the agreement. ARTICLE 9. INDEMNIFICATION AND INSURANCE Indemnity 9.01. Tenant agrees to indemnify and hold harmless City, its officers, employees, and elected officials, boards, and commissions from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Tenant's perfo~,-ance under the Lease, including Lessee's failure to comply with or carry out any of the provisions of this Lease. Insurance by Tenant 9.02. (a)Tenant shall, 'at its own cost and expense procure and maintain during the entire term of this Lease the following insurance coverage: 1) Comprehensive general public liability insurance insuring against the risks of bodily injury, property damage, and personal injury liability occurring on the Leased Premises or arising out of Tenant's use or occupancy of the Premises and the Cupertino Sports Center, with a combined single limit of liability of at least PC/C/S/C 1121100 21 · -- $2,000,000.00 including, but not limited to, coverage for Premises' operations, broad form blanket contractual coverage, and standard personal injury coverages A, B, and C. 2) Fire and extended coverage insurance, and vandalism and malicious mischief insurance, insuring Tenant's fixtures, goods, wares, and merchandise in or on the Leased Premises for 100% of their insurable and replacement cost, without deduction for depreciation. 3) Business interruption insurance, payable in the event of a loss covered by fire and extended coverage or vandalism and malicious mischief insurance Tenant is required to maintain, in an amount not less then the amount of Tenant's Rent for a twelve month period following any damage or destruction. 4) Worker's compcusafion insurance as required by thc laws '-- of the State of California. (b) Any ~-~urance policy Tenant is required to procure and maintain under this Lease shall be issued by a responsible insurance company or companies licensed to do business in the State of California. Further, each such policy shall provide that it may not be canceled, tem-~inated, or changed except after 30 days prior written notice to City. Tenant may maintain all or pert of the insurance required under this Lease by means of a blanket insurance policy so long as the provisions of this Article are satisfied. Tenant must deliver m City duplicate originals or certificates of all insurance policies procured by Tenant. (c) Tenant may not do, omit to do, p~,mit to be done, or keep anything in or on the Leased Premises that will violate the provisions of City's fire and extended -- coverage insurance policy or otherwise adversely affect the premiums paid by City or PC/C/S/C 112800 22 City's ability to maintain the insurance in effect. If any such act or omission by Tenant results in an increase in City's premiums for any policies on the Premises or the Cupertino Sports Center, Tenant shall pay the amount of the increase. City may also, at City's option, rectify the condition causing the increase if Tenant fails to do so. In that case, on demand of City, the amount expended by City shall be immediately due and payable by Tenant as Additional Rent. (d) If during the term of this Lease Tenant fails to secure or maintain the insurance required under this Lease, City may obtain thc insurance for the Premises in Tenant's name or as the agent of Tenant, and Tenant shall compensate City for the cost of the insurance premiums. Tenant shall reimburse City the full amount paid no later than 30 days from the date written notice is received that the premiums have been paid. A failure by Tenant to make reimbursement within the time required under this Subparagraph shall be considered a default under this Lease. Subrogation Waiver 9.03. City and Tenant agree that in the event of loss due to any of the perils for which they have agreed to provide insurance, each party shall look solely to its insurance for recovery. City and Tenant hereby grant to each other, on behalf of any insurer providing insurance to either of them with respect to the Premises, a waiver of any right of subrogation that any such insurer of one party may acquire against the other by virtue of payment of any loss under that insurance. Proceeds 9.04. Except as otherwise provided in this Lease, proceeds from any policy or policies shall be payable to the party responsible for the payment of insurance premiums. ~/c/s/c l ~2soo · 23 -- ARTICLE 10. CONDEMNATION Termination of Lease 10.01. If at any time during the term oftMs Lease, title and possession of all of the Premises or of l0 percent or more of the gross floor area of thc Leased Premises is taken under the power of eminent domain by any public or q,,A~i-public agency or entity, this Lease shall terminate as of 12.01 A.M. of the date ac~,AI physical possession of the leased Premises is taken by the agency or entity exercising the power of eminent domain. Thereafter, both City and Tenant shall be released from all obligations under this Lease, subject to the provisions of Paragraph 10.04. of this Lease. Continuation of Lease 10.02. If the portion of the leased premises taken under the power of eminent · -. domain is less than l0 percent of the gross floor area of the leased Premises, the following will occur: (a) This Lease shall terminate as to the portion taken as of 12:01 A.M. of the day ac,,,,! physical possession of that portion of the Premises is taken by the agency or entity exercising the power of eminent domain (the "date of taking"). (b) This Lease shall continue in effect for the remainder of the Premises not taken. Begipnlng on the day and at the time described in Subparagraph (a) of this Paragraph, the Fixed Rent payable by Tenant under this Lease shall be reduced by the same proportion that the gross floor area taken bears to the gross floor area of the Premises prior to the taking. Promptly after the taking described above, City shall, at City's expense, restore the Premises not taken by eminent domain to a condition making - the Premises tenantable by Tenant for the uses p¢~afitted by this Lease; and Tenant shall, PC/C/S/C 112800 24 at Tenant's expense, make all necessa~ repairs to Tenant's fixtures, equipment, and ' furnishings. Option to Te, minate Lease 10.03. City shall have the right to terminate this Lease if titic and possession of the following is taken under the power of eminent domain, whether or not the taking includes any portion of the leased Premises: (a) More than 50 percent of the pool area containing the Leased Premises; Co) More than 25 percent of the Common Areas of the Cupertino Sports Center; (c) All or a portion of the parking area of the Cupertino Sports Center, provided the taking causes the Center to violate the requirements of the then-applicable zoning law governing the size, location, layout, or other features of the parking area. Notwithstanding the foregoing, this Lease shall continue in full force and effect if City, immediately after the agency or entity exercising the power of eminent domain takes actual physical possession of the parking area, commences to correct the circumstances giving rise to the right to tex.~inate chis IJease, either through obtaining a variance or an exception to the then-applicable zoning law or by providing additional substitute parking areas. This action must be at City's sole cost and expense. City may exercise the foregoing right to terminate this Lease by giving written notice to Tenant at least 30 days prior to the termination date, which shall be the date actual physical possession of the Premises is taken by the agency or entity exercising the power of eminent domain. PC/C/$/C 112800 -- Condenmation Award 10.04. If at any time during the te,,. of this Lease, title and possession of all or any portion of the Premises or the Cupertino Sports Center is taken under the power of cminent domain, the compensation or clAruages for the taking shall be awarded to and be the sole property of City, and Tenant shall have no right or claim to that compensation or d~mages. Waiver 10.05. City and Tenant each agree that this Lease slmll govern the respective fights and obligations of each pm-ty in the evem o£a taking by eminent domain. City and Tenant each hereby waives any right either may have at law to petition the court for termination of this Lease in the event ora partial taking of the leased Premises. · - ARTICLE 11. DEFAULT AND TERM]2qATION "Default" Defined 11.01. The occurrence of any of the following constitutes a default and breach of this Lease by Tenant: (a) Any failure by Tenant to pay the rent or to make any other payment required to be made by Tenant under this Lease, when the failure continues for l0 or more days after written notice from City to Tenant. (b) The abandonment of the Premises by Tenant. For these purposes, the absence of Tenant from or the failure by Tenant to conduct business on the Premises for a period in excess of 30 consecutive days after the commencement date shall constitute an abandonment. ~- (c) A failure by Tenant to observe or perform any other provision of PC/C/S/C 112800 26 this Lease to be observed or performed by Tenant when the failure continues for 30 days or more after written notice of Tenant's failure is given by City to Tenant; provided, however, that if the default cannot reasonably be cured within the 30 day cure period, Tenant shall not be deemed to be in default if Tenant commences the cure within the 30 day cure period and thereafter completes the curative action within a reasonable time. (d) The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant ora petition to havc Tenant adjudgcd a bankrupt or of a petition for reorganization or an'angement under any law relating to bankruptcy the appointment of a trustee or receiver to take possession of substantially of all Tenant's assets located at the premises or of Tenant's interest in this Lease, when possession is not restored to Tenant within 30 days; or the attachment, execution, or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, when that seizure is not discharged within 30 days. Te~'~ination of Lease and Recovery of Damages 11.02. In the event of any default by Tenant under this Lease, in addition to any other remcdics available to City at law or in equity, City shall have the right to terminate this Lease and all rights of Tenant under this Lease by giving written notice of the termination. No act of City shall be construed as terminating this Lease except written notice given by City to Tenant advising Tenant that City elects to terminate the Lease. In the event City elects to te~-~-~inate this Lease, City may recover the following from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of te~,¥,ination of the Lease; PCTC/S/C 112aO0 27 (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned aider termination o£the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid. rent for the balance of the term of this Lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate compensation deWiment approximately caused by Tenant's failure to perform its obligations under this Lease. The term "rent" as used in this Paragraph shall mean the Rent, the Percentage Rent, and all other sums required to be paid by Tenant pursuant to the terms of this Lease. As used in Subparagraphs (a) and (b) of this Paragraph, the "worth at the time of award" is computed by allowing interest at the rate of l0 percent per year. As used in Subparagraph (c) of this Paragraph, the "worth at the time of award" is computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent. City's Right to Continue Lease in Effect 11.03. If Tanant breaches this Lease and abandons the Premises before the natural expiration of the ~em~ of this Lease, City may continue this Lease in effect by not terminating Tenant's right to possession of the Premises, in which event City shall be entitled to enforce all its rights and remedies under this Lease, including the right to recover the rent specified in this Lease as it becomes due under this Lease. No act of t,.-3! PC/C/S/C 112800 28 City (including an entry on the Premises, efforts to relet the Premises, or maintenance of the Premises) shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant or the termination of this Lease is decreed by a court of competent jurisdiction. City's Right to Relet 11.04. In the event Tenant breaches this Lease, City may enter on and relet the Premises or any pan of the Premises to a third party for any term, at any rental, and on any other re,as and conditions that City in its sole discretion may deem advisable, and shall have the right to make alterations and repairs to the Premises. Tenant shall be liable for all of City's costs in reletting, including remodeling costs required for the reletting. In the event City relets the premises, Tenant shall pay all rent due under and at the times specified in this Lease, less any amount or amounts act-ally received by City from the reletting. City's Right to Cure Tenant Defaults 11.05. If Tenant reaches or fails to perform any of the covenants or provisions of this Lease, City may upon written notice, but shall not be required to, cure Tenant's breach. Any stun expended by City, with the then-maximum legal rate of interest, shall be reimbursed by Tenant to City with the next due rent payment under this Lease. Cumulative Remedies 11.06. The remedies granted to City in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or provided in this Lease. PC./C/S/C 112800 29 Waiver of Breach 11.07. The waiver by City of any breach by. Tenant of any of the provisions of this Lease shall not constitute a continuing.waiver or a waiver of any subsequent breach by Tenant either of the same or another provisions of this Lease. Surrender on Termination 11.08. On expiration of the term of this Lease or the earlier termination of this Lease, Tenant agrees to surrender thc Premises in good order and condition (reasonable wear and tear excepted). Further, Tenant shall, at Tenant's expense, remove all of its merchandise, inventory, and Wade fixtures, and repair any damage caused by the removal. City shall also have the right to require Tenant, at Tenant's expense, to remove any improvements made to the Premises by Tenant and to repair any damage caused by the removal. Holdover Tenancy 11.09. If Tenant rermalns in possession of the Premises after expiration of the t¢.~ of this Lease without renewing or extending this Lease or entering into new lease with City, Tenant's continued occupancy of the Premises, at City's option, shall be considered a month-to-month tenancy that may be t¢,,,finated by either party on 30 days' prior notice to the other. All terms ofthi.~ Lease shall be fully applicable to the month-to- month tenancy insofar as consistent wi{h a month-to-month tenancy, exccpt that Tenant must pay 110 percent of the Fixed Rent, pwportionate share of Common Areas Maintenance Costs and Taxes, and any Additional Rent provided for under this Lease. Attorneys' Fees 11.10. If any litigation is commenced between the parties to this Lease concerning the Premises, this Lease, or the rights and duties of either in relation to the Premises or the Lease, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys' fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose. ARTICLE 12. MISCELLANEOUS Landlord-Tenant Relationship 12.01 This Lease establishes a Landlord-Tenant relationship between the parties. It shall not be construed or deemed to create any other type of relationship between them, including one of agency, partnership, or joint venture. City's Right of Entry 12.02. At any time Tenant is open for business or is required by this Lease to be open for business, City shall have the right to enter the Premises to inspect the Premises; show the Premises to a third party; or perfo,,,, any repairs City is peLmitted or required to make under this Lease, whether to the Premises, adjoining premises, or the building containing the Premises. For any entry made while Tenant is open for business, City shall use its best efforts to minimize interference with the conduct of Tenant's business. Repairs required or pemaitted to be made by City may, at City's option, be scheduled for times when.Tenant's business is not open, provided prior written notice is given to Tenant. In the ease of an emergency, City may enter the Premises at any time without prior notice to Tenant, but shall notify Tenant promptly afterwards of its emergency I~./~/S/~112800 31 Inter~st on Obligations 12.03. The payment of any sura due to City under this Lease, however designated, shall be due promptly as provided for in .this Lease. Any payment that is not paid promptly shall bear interest from its due date until paid at the then-maximum legal rate of interest. Notices 12.04.' Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party to this Lease shall be in writing and shall be deemed duly served and given when persormlly delivered to the party to whom they are directed or any managing employee of that party, or in lieu of personal service, withiu forty-eight (48) hours when deposited in the United States mail, first-class postage prepaid, addressed to City at 10300 Torte Avenue, Cupertino, Califorpia 95014 or to Tenant at '~.11/I .,~T,,~,,~,,~ (,t~ 0/¢ ~,ioeo . . Either party may change its address for purposes of this Paragraph by giving written notice of that change to the other party in the manner provided in this Paragraph. Binding on Heirs and Successors 12.05. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of City and Tenant, but nothing in this Paragraph shall be construed as a consent by City to any assignment of this Lease or any interest in this Lease by Tenant. PC/C/S/C 1121~00 32 Time of Essence 12.0~J. Time is expressly declared to be of the essence in this Lease. Sole and Only Agreement 12.07. This Lease, together with the Exhibit described in Paragraph 1.02. of this Lease, constitutes the sole and only agreement between City and Tenant respecting the Premises, the leasing of the Premises to Tenant, or the lease term created under this Lease, and correctly sets forth its date. Any agreements or representations respecting the premises or their leasing by City to Tenant not expressly set forth in this instrument are null and void. This Lease may be modified or amended only by an instrument in writing signed by both City and Tenant. Invalidity or Unenforceability 12.08. It?any provision of this Lease is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaininlg provisions of'this Lease shall remain in full force and effect. Waivers 12.09. No waiver of any term, condition, or covenant of this Lease shall be presumed or implied. Any such waiver must be expressly made in writing by the party waiving the temx, condition, or covenant. The acceptance by City from Tenant of any amount paid for any reason under this Lease in a sum less than what is actually owing shall not be deemed a compromise, settlement, accord and satisfaction, or other final disposition of the amount owing unless City agrees otherwise in writing. 12.10. The captions and numbers of the Articles and Paragraphs of this Lease are for convenience only and are not intend to reflect in any way on the substance or interpretation of the provisions of this Lease. Executed on , at , California. Date: CITY Mayor, City of Cup. enino Date: ATTEST: City Clerk Dated: APPROVED AS TO FORM: City Attorney CITY OF CUPEILTINO PARKS AND RECREATION ADIVilNISTP. ATION STAFF REPORT Agenda Item Number } ~ Agenda Date: March 19, 2001 SUB,IECT AND ISSUE Approval of a Professional Services Agreement with Lifetime Tennis, Inc. for tennis instruction at the Cupertino Sports Center. BACKGROUND In June 1994, the City of Cupertino solicited proposals for a tennis professional to provide instruction at the Cupertino Sports Center. Lifetime Tennis was selected and has been operating successfully since then. Highlights of the agreement include: - · The City maintains the right to schedule all tennis courts with the right to prioritize City- sponsored activities as it sees fit · Lifetime Tennis makes monthly rent payments in addition to the financial compensation received as a percent of gross revenue: - Rent for the first year shall be $583.33 per month, increasing to $750 per month in 2005. In addition, the City shall receive 20 percent of gross revenue up to $300,000, 10 percent of gross revenue $300,000 to 500,000, and five percent of gross revenue over $500,000. · Lifetime Tennis generates over $600,000 per year in revenue and provides over $85,000 in revenue to the Sports Center. STAI~ RECOMMENDATION Staff recommends approval of the Professional Services Agreement with Lifetime Tennis, Inc. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Ambrosi Smith, Director David Knapp, City Manager Parks and Recreation Depa6,,,ent Lif~t}~ ~uuh ~fff ,~ 031901 RESOLUTION NO. 01- 0?9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH LIFETIME TENNIS, INC. FOR TENNIS INSTRUCTION WHEREAS, there has been presented to the City Council a professional services agreement between Lifetime Tennis, Inc. and the City of Cupertino for tennis instruction at the Cupertino Sports Center located at 21111 Stevens Creek Boulevard; and WHEREAS, the agreement has been approved by Lifetime Tennis, Inc. as evidenced by the tenant's signature on the agreement, dated 2-26-01; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute said professional services agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of March 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ACCOUNT NO. 630-6450-714 CONTRACT AMOUNT $650,000 annually PURCHASE ORDER NO. PROFESSIONAL SERVICES AGREEMENT (Tennis Pro) THIS AGREEMENT, made and entered into this 26 day of February ,2001, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and DANA K. GILL, general owner in LIFETIME TENNIS, INC. with offices at 3091 Atherton Drive, Santa Clara, CA, 95051, hereinafter referred to as "TENNIS PRO"; WlTNESSETH: WHEREAS, CITY wishes to retain services in conjunction with providing tennis lessons to city-sponsored groups at the Cupertino Sports Center; and VVHEREAS, CITY wishes to engage TENNIS PRO to provide these services by reason of its qualifications and experience for performing such services, and TENNIS PRO has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager'' shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attomey" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The te.~, "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. (e) The term 'Professional Services" shall mean the providing of tennis instructions by Tennis Pro or his employees'at the City's Sports Center. 2. COORDINATION OF SERVICES. (a) City. The City Manager shall be the representative of the CITY for all purposes under this agreement. Therese Ambrosi Smith, Director of Parks and Recreation, is hereby designated as the SERVICE COORDINATOR for the City Manager, and shall supervise the progress and execution of this agreement. (b) Tennis Pro. DANA K. GILL shall have overall responsibility for the progress and execution of this agreement. 3. DUTIES OF THE TENNIS PRO. (a) Services to be Furnished. TENNIS PRO shall provide all specified services as set forth below: (1) Tennis lessons for all city-sponsored groups as dete,~ined by the CITY. Class size and court usage shall be established and approved by the CITY. (2) May give private tennis lessons utilizing one court of the Cupertino Sports Center and any other court approved by the CITY, provided, however that the CITY shall have the sole right to establish the use of all tennis courts at the Sports Center and the TENNIS PRO's right to give private lessons on any court is subject to the CITY's right to priority usage for the CITY- sponsored activities. (3) All lessons above described shall be provided at a quality consistent with the standards found in other tennis facilities in the area which are open to the public. (4) During the winter and summer sessions, will distribute to each tennis pupil an evaluation form prepared by the CITY and designed for pupil to evaluate of the level of instruction given, and will, at the conclusion of each session, return all completed evaluation fo..s to the CITY. (5) Will provide all necessary and appropriate equipment for the purpose of teaching "high quality tennis lessons," including, but not limited to, tennis balls and ball machines. Such equipment shall be stored at the Cupertino Sports Center in space provided by CITY adjacent to court #12. (6) Will respond in writing to all public complaints no later than two (2) days after the complaint was registered. Both complaints and responses will be documented and forwarded to the CITY no later than the first of each month. (7) Will teach lessons based on the following minimum and maximum number of students/per 1 instructor: Minimum Maximum Small Group Lessons 2 4 Large Group Lessons 4 8 Pee Wee Lessons 4 8 (8) May utilize Courts #5 and #6 at Memorial Park for the sole purpose of teaching tennis classes. The minimum and maximum number of students may be modified by mutual agreement. (b) Laws to be Observed. TENNIS PRO and his employees shall obey all rules, regulations, and laws of the CITY or any other governmental agency and shall procure, at his sole cost, all permits and licenses required for his conduct of business at the Sports Center. (c) Collection of Fees and Charges. All fees and charges for the services provided by TENNIS PRO shall be collected from the public by the CITY. 4. COMPENSATION. For the full performance of the services described herein by TENNIS PRO, CITY shall pay TENNIS PRO based on the following schedule: Financial Te..s · - · 'City receives 20% of gross revenue up to $300,000 10% of gross revenue $300,000-$500,000 5% of gross revenue $500,000 and above · City receives $3 administration fee for each tennis transaction. (a) Payments for lessons given to city-sponsored groups shall be paid within thirty (30) days of the beginning of each class session. (b) Payments for pdvate lessons shall be paid within thirty (30) days of commencing instruction. (c) The CITY shall provide TENNIS PRO a wdtten monthly accounting of all monies received pursuant to this agreement. Unless written objections to any particular accounting is received by CITY from TENNIS PRO within thirty (30) days of receipt, such accounting shall be deemed to be final. (d) The fees and charges for all lessons both for city-sponsored and private pupils will be established solely by the CITY pursuant to its normal procedure for establishing such fees and charges. (e) Exclusive Privilege. During the term of this agreement, TENNIS PRO is granted the exclusive privilege of providing tennis instruction at the Cupertino Sports Center other than that which is provided by CITY employees in connection with city-sponsored programs. 5. RETAIL SERVICE (a) Length of Agreement. Retail Service to commence June 21, 2001 and continue through June 20, 2006. (b) Rent Payment. Lifetime Tennis will pay the City of Cupertino rent per month based on the following schedule: June 21, 2001 - June 20, 2002 $583.33/month $7,000/year June 21, 2002 - June 20, 2003 $625.001month $7,5001year June 21, 2003 - June 20, 2004 $666.67/month $8,0001year June 21, 2004 - June 20, 2005 $708.331month $8,500/year June 21, 2005 - June 20, 2006 $750.001month $9,0001year The City of Cupertino will deduct rent from the monthly payments that are issued to Lifetime Tennis. (c) Scope of Service. The "Retail Service" that Lifetime Tennis will be offedng at the Cupertino Sports Center will consist of the following: 1. Racquet restringing for tennis and racquetball racquets. 2. Gdp build-up service. 3. Various accessories for tennis racquets (gdps, vibration dampers, etc.) 4. Tennis racquet demo program and tennis racquet sales. The City of Cupertino is NOT authorizing Lifetime Tennis to sell any food or beverage items in conjunction with the "Retail Service" offered at the Cupertino Sports Center. Any changes to the "Scope of Service" must be authorized by the City of Cupertino Recreation Supervisor. 4 (d) Hours of Operation.- Fall/Winter Spring Summer Sept. I -March 30 April 1 -June 15 June 16- August 31 Monday-Friday Monday-Friday Monday-Friday 10am-lpm, 3prn-Spm 10am-lpm, 3pm-8pm 8:00am-9:00pm Saturday-Sunday Saturday-Sunday Saturday-Sunday 9am-3pm 9am-3pm 9am-3pm Any changes to the hours of operation must be authorized by the City of Cupertino Recreation Supervisor. (e) Monthly Financial Statements. No later than fifteen (15) days after the end of each month Lifetime Tennis (Dana Gill) shall submit to the City of Cupertino a written statement for the preceding month showing the gross revenue and expenses for the ~Retail Service." (f) Location. The 'Retail Service" will be located in the existing "primary" office area in the lobby of the Cupertino Sports Center. This single ofice is currently being used by Lifetime Tennis to conduct tennis lesson administration. 6. TERM AND EARLY TERMINATION. The services to be performed hereunder shall commence on June 21, 2001, and shall continue, unless earlier terminated pursuant to this agreement until June 20, 2006 when this contract shall be automatically terminated. Either party may terminate this agreement at an earlier time than above specified by giving two (2) years written notice to the other party. 7. TERMINATION FOR BREACH. Notwithstanding the provisions of section 6 above, should either party be in default in the performance of this agreement or materially breach any of its provisions, the non-breaching party may, at its option, immediately terminate this agreement by giving written notification to the other party. 8. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such pedod as he deems necessary due to unfavorable conditions or to the failure on the part of the TENNIS PRO to perform any provision of this agreement. 9. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall 'not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors; Employees. TENNIS PRO shall be responsible for employing or engaging all persons necessary to perform the services of TENNIS PRO hereunder. No subcontractor of TENNIS PRO will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of TENNIS PRO, and it agrees to be responsible for their perfori-[~ance. TENNIS PRO shall give its personal attention to the fulfillment of the previsions of this agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of TENNIS PRO fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CITY. 10. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO TENNIS PRO: LIFETIME TENNIS, INC. DANA K. GILL 3091 Atherton Drive Santa Clara, CA 95051. 11. INTEREST OF TENNIS PRO. TENNIS PRO covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. TENNIS PRO further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. TENNIS PRO certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, TENNIS PRO shall at all times be deemed an independent contractor and not an agent or employee of CITY. 12. INDEMNITY. TENNIS PRO hereby agrees to indemnify and save ha.f~tess CITY, its offcers, agents, and employees of and from: (a) Any and all claims and demands which may be made against CITY, its offic.ers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused 'by, any act or omission, negligent or otherwise, of TENNIS PRO or any subcontractor under this agreement or of TENNIS PRO's or any subcontractor's employees or agents; (b) Any and all damage to or destruction of the properly.of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of TENNIS PRO, or in proximity to the site of TENNIS PRO's work. caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of TENNIS PRO's or any subcontractor's employees or agents. (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of TENNIS .PRO or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the sue of any apparatus, appliance, or materials furnished by TENNIS PRO or any subcontractor under this agreement; and (e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. TENNIS PRO, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered - against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. ? 13. WORKERS' COMPENSATION. TENNIS PRO certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that codel and it certifies that it will comply with such provisions before commencing the perfo~[~ance of the work of this agreement. 14. FINGERPRINTING/TB TEST. In the event that the TENNIS PRO has employees who will assist in the performance of this Agreement, TENNIS PRO shall, for those instructing persons 18 years and younger, provide fingerprint clearance and current T.B. test. 15. INSURANCE. TENNIS PRO, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only TENNIS PRO, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by TENNIS PRO for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or' altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver, of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 8 18. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 19. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, TENNIS PRO agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report-Nondiscrimination Provisions of City of Cupertino Contracts" on the furnished by CITY. If TENNIS PRO is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in · - whole or in part, or to deduct from the amount payable to TENNIS PRO the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If TENNIS PRO is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, TENNIS PRO shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to TENNIS PRO the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which TENNIS PRO is found to have been in such noncompliance as damages for said breach of contract, or both. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and TENNIS PRO and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and TENNIS PRO. All provisions of this -- agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and TENNIS PRO have executed this agreement the day and year first above written. ATTEST CITY OF CUPERTINO City Clerk APPROVED AS TO FORM: City Attorney / ! / ~. ~ana K. Gill, Tennis Pm 3091 Athertoa Drive, Santa Clara, CA 95051 408-530-9932 Telephone 551-81-1823- qT-OH?~' Social Security number or Tax I.D. number IO City Hall ! 0300 Torre Avenue ~ Cupertino, CA 95014-3255 · Telephone: (408) 777-32110 CITY OF FAX: (408) 777-3366 CUPERTINO Website: www.¢upertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number ~C~ Agenda Date: March 19, 2001 SUBJECT AND ISSUE Request from the Quota International of Cupertino for waiver of use fees for their "Salute to Staff" fundralser luncheon on April 26, 2001. BACKGROUND _- Quota International of Cupertino will be holding the third annual "Salute to Staff" event during National.Secretaries Week. This event pwvides an opportunity for employers to honor their employees by taking them to lunch, and raises money for the organization's charitable giving. In an effort to keep expenses down, the chairperson of the event has requested a fee waiver of $45.00 for rental of the Cupertino Room at the Quinlan Center. This request is compliant with the council's fee waiver policy, and the nature of the event is consistent with council goals. STAFF RECOMMENDATION It is recommended that City Council waive room rental fees in the amount of $45.00 for Quota International of Cupertino's "Salute to Staff" event. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Smith, Director David Knapp, City Manager Parks and Recreation mp · ~. \~ntmainservct~groul~oarlm and recreation admin~fee wlivm~luota intematiooal.doc Quota International of Cupertino, CA ...a m~mber of Quota International, Inc. P.O. Box 2957 Cupertino, CA 95015-2957 March 12, 2001 Barbara Nunes City of Cupertino 10300 Tone Avenue ~et~l Cupertino, CA 95014 I s~ Vice Pre. sidem Coord~a~or of Ad~t ~l~aaon I understand that the process to get a waiver for fees in connection with renting the Cupertino Room in the ~dnl*n C.~1~' is to Wl'ite ~ explanatory leuer to you. 2nd Vic~ President Janice Miyatake Quota Ina:mafional of ~o has reserved the Cupertino Room for our "Salute Cup~i~o N~o~l to Staff" fundraising luncheon on April 26, 2001. This will be the third year for Sa~k & Trust this this event, which we hold during National Secretaries Week to provide an vi= Pr~d~t~ opportunity for employers to honor their employees by taking them to lunch and a~anoh lV~n~s= at the same time rsi~ money for our charitable giving. Two years ago, we held Rec~lin8 SecreCy this (very successful) luncheon in the Quinlan Center and had the fees waived. Barbara Rogers Ret~d Quota Inlemafional of Cupertino was chammxi in May 1985 to provide to local women in professional and managemeot capacities an ave_,n, ue for charitable giving ~ndins S~mary to the hearing and speech impaired, as well as for women s needs and local churl Debbie Dou~herty ties. We are a part of Quota International, which was incorporated 82 years ago s~, ~:~n ~r~ as a professional service ol~anization, like Rotary and Kiwanis, but for women, offi= Manaser to benefit the hearing impaired. We have 501C3 status, and I enclose for your Treasmer informstion a list of our recent grant recipients and and a club brochure. Bea Lopez We view our upcoming "Saiute to SIatT' fondraising hmcheon as an unparalleled Social Advoca~s for Youth £xe~utive Dir~or opportunity tO benefit those in need through our grant recipient process, and we know that just having it in your facility will; itself, constitute a big draw. Past President Judith Burrill I hope that this information is suffideot for you to waive thc fees for our upcom- ~ ing use of the Cupertino Room. If there is any further info~w~ion you r, ccd or any questions I can answer, please call me at 252-8568. If I happen not to be in, please leave your message on my answering machine and let me know when it Direaors would be convenient te call you back. I.Jnda Bentson Sincerely, Elizabeth Johnson DDS Barbara Roars, Public'ty ~uoco ' Chair Johnson Dental & Im~s~ cea~= Enc~Summaty of Grants Recipients o~= /Brochlre Lauralee Soreosen Betty Nelson ...professiop-~s and executives united in service Our motto is "We Share." Quota is a Latin ,vord that refers to the proportional share of one part to a whole; thus, we can say "Ige Share. "Quota's Collect expresses our phi- losophy; it is the practice of the club to say · ~' Q 'rn the Collect from time to time. ~.. uota Inte ational, Inc. -~' o'~ of Cupertino, CA QUOTA'S COLLECT. Quench in our hearts, Oh Lord, all fires of selfishness. Unfold to us the joys of true friend- ship. Open our minds to a better under- standing .'of service. Teach us the real meaning of sharing. And help us to hold high those prin- Our mission is to provide service to ciples of Quota for which we our community, specifically to the stand, hearing and speech impaired, and to provide a network for leadership and AMEN. fellowship for members. by Ethelda Mullen © 1942 Quota International OUOTA INTg. RNATI,. OF CUPg,,RTINO Rg..~-I~.NTGRANT RF. CIPIE. NTS 9S-99 Adult and Child Ou~dnr~ce C~nt~r ......... Family and Cbild Abuse Program Materials 96-97 Adult InCiCl~nd~nc~ EMv¢lo~nt Ce, nt~r ...... TV with Closexi Captioning 96-97 t"~li¢ornia School for thc Deaf ............. Computer Equipment 9s-99 " " "" " CDs for Graphic Arts, Yearbok Classes 97-9s C~.pertino Co ,,mmunity Services ............ Youth-at-Risl~ Counseling Program 98-99 "2ndYr. Ftmding Etnergency Transportation Needs 99-oo " " "3rd Yr. Funding Sm~,~r Ca,~,~ or Recreation Classes 96-97 Cupertino Historical Society Museum ........"Toward the Golden Mountain" Exhibit e~.yr. Cupertino Union School District ...........An~nnl Christmas Shopping for 25 Needy Local Children at Penney's, with Rotary 96-97 Cupertino Union School District ........... Audiometer for Pre-School Heating Tests 96-9? FUHSD Teens with Tots Program ........ Sandbox and Cover 99~0 Jean Weingart~n Penins-ln Oral School for Cameras, Video Equipment ~o Record Infant the Deaf Therapy Sessions for Parental Use 98-99 Ly,n, dal¢ ,D,e, af Program ............... Language Skills Dev. Mags., Field Trip Funds .._ 99-oO " 2nd Yr. Funding S~ Caiiip Funding, inc. Van Rental 96-97 Monta Vista HS Hearing Impaired Program... Mnterinls for Cnreer Ptx.-paration 98-99 " " "" " " " Laptop Keybonzds for Class Tech. Access et.yr. Monta Vista High School ................ Annual Scholarship for n Hearing-Impaired 9S-99 The Mo,,rgan Center ................. Gro~ Mu,sic Ther. a. py 99-oo .... 2nd Yr. Funding 99-oo Northwest YMCA ................. Odld~n's Swimming Instruction 96-9? Oster School ........................ After-School Programs for Hearing- Impaired Students 96-97 San Francisco SPCA, Kimba Fund 99-o0 " " ,, ..... Medical Expenses for Dogs Dog Training Class, Deaf Atamdee Expenses 9~-99 Sill,c, on Va~. ey Independent Living Center... Funding for Basic Signing Materials 99-oo " 2nd Yr. Funding Funding for Video, TV Access for Deaf 96-97 Sproul Ranch Deaf Kids Camp ........ Counselor Training ~9-00 " ' " " Camlx:~h~p, Dona~on ~o Cnn-,p Fund 96-~7 C.)uota Interna~onal World Service Funds. ....... New Delhi's Home for Abandoned and ~ Desfitul~ Women City of Cupertino -- 10300 Torre Avenue CITY OF Cupertino, CA 95014 (408) 777-3251 CUPE INO (,o.) Community Development Department Housing Services SUMMARY Agenda Item No. 20 Agenda Date: Mamh 19, 2001 Application: 09-DIR-00 Applicant: Santa Clara Family Dental Property Owner: Khalil Saghezchi Property Location: 10413 Torre Avenue Project Data: General Plan Designation: Commemial/Office/Residential Zoning Designation: P(OP) [Planned development (professional office)] FAR: Proposed: 5,215 sq. ft. = .27 FAR "- Allowed: 6,474 sq. ft. = .33 FAR RECOMMENDATION: Staff recommends the City Council uphold ;the decision of the Planning Commission decision to uphold the decision of the Design Review Committee .and deny the appeal. Environmental Assessment: Categorically exempt Application Summary: Appeal of the Planning Commission decision to uphold the Design Review Committee (DRC) approval of a Director's minor modification to make minor exterior changes to an existing building. BACKGROUND: The subject building is located in the Town (~6nter area across the street from City Hall. The area is zoned Planned Development - Professional Office (P(OP)). The architectural consultant did not review this project since the changes, are considered to be minor and will have little effect.on the existing amhitecture. DISCUSSION: ": - Approximately one year ago, the city council approved the applicant's request to convert 1,015 square feet of atrium space to office {pace increasing the size of the I Printed on Recycled Pal:er J~JJ applicant's dental practice. The final .approval fr~m.~the-city council ailows for 1,225 square feet of the building to be used for dental office' and the remaining 3,990 square feet for general office. Along with the request to convert the square footage to office space, the applicant also made..some minor.changes to. the front elevation of the building by adding a separate entrance, for,th~i'~(isting general office space. At the council meeting a motion requiring the applicant ~'(~ return t0'the Planning Commission should the interior use be altered was approved. ..,. DRC Meeting: ~- The applicant approached the Design Review' Committee on December 27, 2001 requesting permission to relocate the door to 'the west by approximately 15 feet. According to the applicant, the lessee of the general office space has a clause in his lease stating that the property owner must r:ecei;ve permission from the lessee prior to making any repairs or changes to the general~office space. Since the lessee did not grant the applicant pe~f~lission to install the doors,'the applicant revised his floor plan to add a hallway leading from the existing general..office entrance through the atrium addition to a new door ex~tJng to the parking lot, (s..e.e floor plan). Although th~s hallway · is awkward, it does meet the Uniform' Building Code. The Design Review Committee stated that the relocation of the entrance door and the new hallway did not pose any significant architectural impacts and approved the application. DRC Appeal On January 8, 2001, the City Clerk's office .received an appeal to the DRC decision from Steven Lipp, the general office tenant. '.Mr... Lipp is appealing the decision based upon parking studies from the use permit apPlication and based upon an interpretation of the motion requiring the applicant to retum to'the planning commission if there are changes to the intemal use of the building. In response to the appeal letter, staff reviewed the minutes and the videotape from the January 18, 2000 meeting. It is clear to staff that the council condition states "any changes to the internal use of the building must be reviewed by the Planning Commission." Staff interprets this to mea.n any expansion of the dental use in the building and does not believe minor architectural m..Odifications, Where the dental use is not expanding, constitute expansion of the use.' Staff also believes the location of hallways is not a matter of public interest. The minutes from the meeting are attached. In response to the parking issues, staff presented. ~parking surveys to the city council at the January 18, 2000 meeting and in an informational memo to council as a follow-up to the meeting. The follow-up parking study, ci3ndu, cted at the direction of the city council, was conducted after the holiday season (late January 2000). Copies of the parking studies are enclosed for review. In both cases, staff dete,,ined that a parking problem does exist in other areas of the Town Center complex and that it would be unfair to penalize the applicant for parking problems caused by neighboring property owners. The applicant proved that he could meet the parking ratio required by city ordinance during the use permit application process. \\NTMAINSERVER~Groups~Ianning~PDREPORT~pcDIRreports~PC0.9-DIR.O0.doc Page ~ ~0- ~-- At the February 12, 2001 Planning Commission meeting, the Planning Commission '- accepted the staff recommendation to uphold the Design Review Committee decision to allow a minor modification to the building. Planning Commission Appeal On February 26, 2001, the City Clerk's office received an appeal letter from Steven Lipp, the general office tenant. Mr. Lipp's appeal is based upon the same parking surveys, etc. that the appeal of the Design Review Committee decision was based upon. Staff maintains that the City Council uphold the decision of the Planning Commission to uphold the Design Review Committee decision for the reasons stated above under the heading "DRC Appeal". Voluntary Mediation: Both Mr. Lipp and Dr. Saghezchi voluntarily participated in a mediation session held at city hall on March 14,2001. The mediation resulted in an impasse (a decision was not reached). The two parties have an opportunity to continue with the mediation service provided by Project Sentinel, a tenant-landlord dispute mediator. The mediation is strictly voluntary. Prepared by: Vera Gil, Senior Planner Approved by: Steve Piasecki, Director of COmmUnity Developme[~?_'~-~ Enclosures: DRC Resolution 31 Plan Set date stamped 12/29/00 Use permit plan set, date stamped 1/18/00 Letter of Appeal from Steven Lipp Action minutes from the December 27, 2000 Design Review Committee meeting Minutes from the January 18, 2001 City Council meeting Parking survey data \\NTMAINSERVER\Groups~Planning\PDREPO~DIRre~3orts~PC09-DIR-00.doc Page. 3 09-DIR-00 CITY OF CUPERTINO 10300 Torte Avenue Cupertino, California 95014 RESOLUTION 31 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING MINOR EXTERIOR CHANGES TO AN EXISTING BUILDING LOCATED AT 10413 TORRE AVENUE SECTION I: PROJECT DESCRIPTION Application No.: 09-DIR-00 Applicant: Khalil Saghezchi Location: 10413 Tone Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received referral for a Director's Minor Modification, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 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 the zoning ordinance, and the General Plan. 3. The proposal will use materials matching the existing structure, which are compatible with neighboring properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. 09-DIR-00, is here by 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 09-DIR-00 as set forth in the Minutes of the Design Review Committee Meeting of December 27, 2000, and are incorporated by reference herein. Resolution 31 09-DIR-00 December 27, 2000 Page ~ SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXI4~ITS Approval is based on submitted plan set dated December 6, 2000 and sheet A3 dated December 12, 2000. The plan shall meet all safety or hs~rd prevention requirements. 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. Purs-,nt to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the mount 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, pursusnt to Government Code Section 66020(a), has begun. If you fail to file a protest wi~in'this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from lat.~ challenging such exactions. PASSED AND ADOPTED this 27th day of December, 2000, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Kwok, Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Ciddy Wordell /s/Jerry Stevens Ciddy Wordell Jerry Stevens City Planner Design Review Committee i 1500 SF ':':':':':':':'.1~.~-2,5.SE:':':':'* ...... /2490 SF' ~//~Z c ~ II ..............v..~'~ ~ T ~ I~ - ~ :':-:':':':':':':': ~ ~ ~ H ~ ~ ,., .___._.i .~ ~ ~1~ ,,,,~_ ,.,.~,.. ~,~ ~x,s~ ~m~ (~P. ~ a t~,s) -" ~ ~1 ~1' - ~' i/ c ~ '~" ' L J ~-o"~9'-0"~ ., : ~ ~ .. SIIE Pk~ w/ propo~od ~RKI~G RE-SIRI~I~G ~ ~~. Z~,~,.;, ,, ...~ ~ -~ , ~ ~.~ ~.~. ~ ~.~, 2~ SOU~ ELEVATION ' ~ ~ ~" Steven C. Lipp 10201 Hillcrest Road Cupertino, CA 95014 February 26, 2001 City of Cupertino 10300 Torte Avenue ' ' Cupertino, CA 95014 RE: Dr. Khalil Saghezchi110413 Torte Avenue To Whom It May Concern: Please accept this as a formal request to appeal the Planning Commission's decision regarding the aforementioned property. My appeal is based on the following facts: a) Per the City Council's decision as stated on January 18, 2000, any internal changes to the use of this property shall be reviewed by the Planning Commission. b) During the Design and Review meeting of December 27, 2000, a decision was made conflicting with Councilperson James' motion (see item a). c) The current design is undesirable. During the appeal, one of the Planning Commission stated, "it was unpleasing to the eye at best". I will be reoccupying the building under my existing lease. I have major concerns regarding the decision made by the Planning Commission. cc: George Kasolas, Attorney at Law FEB 2 6 2001 cUPERTINO CITY CLERK Draft Cupertino, CA 9S014 (408) 777-3308 ACTION ITEM MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIF, W COMMITTEE H~I.I) ON DECEMBER 27, 2000 ROLL CALL Committee Members present: Serry Stevens Chairperson Patrick Kwok, Alternate Committee Members absent: David Doyle Staff present: Ciddy Wordell City Planner APPROVAL OF MINUTES: Minutes of the December 13, 2000 Design Review Committee meeting approved. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: ORAL COMMUNICATION: None CONSENT CALENDAR: None OLD BUSINESS None NEW BUSINESS None PUBLIC HEARING: 1. Application No. (s): 09-DIR-00 Applicant: Khaili Schezchi Locatiorr 10413 Torte Avenue Modification to an approved plan for an addition to an exist/nE medical/office building (change in exterior doors) £D '¢ Design Review Committee decision final unless appealed. Staff Presentation: Ciddy Wordell gave a brief overview of the project, showing the approved plans of the dental office with the new modification of the doorway. The modification is an external change only, and staff recommends approval. Discussion followed. Commissioner Stevens explain.~ that the applicant has the option to appeal the motion, and bring it to the Planning Commission. Commissioner Stevens moved for the approval of 09-DIR-00. Commissioner Kwok seconded the motion. MOTION: Commissioner Stevems moved for approval SECOND: Chairperson Kwok ABSENT: none ABSTAIN: none VOTE: Passed 2 - 0 g:planning/DRC Committee/Minutes 122700 ~0 ~10 MINUTES CUPERTINO CITY COUNCIL ~ REGULAR I~EEETING Tuesday, January 18, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting ~o order in the Council Chaoib~, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allci~mcc. ROLL CALL City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and.Council members Don Burne~ Michael C'~.-~, and Richard Loweng~al. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Chiles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecld, Parks and Recreation Director Steve Dowling, Public l-¢ormafion Officer Donna Krey; Public Works Director Bert Viskovich, Planner Vera Gil, and City Clerk Kimberly Smith. CEREMONIAL MATTERS- PRESENTATIONS A-~e Ng, Bicycle-Pedeslrian Advisory Commission, presented a check from the City of Cupertino to Debbie Schmalz, faculty advisor for Lynbrook High School l:.nvironmental Activist -- Federation (LEAF), winners of the 1999 Bike-to-School Day contest. POSTPONEMENTS - Items 13 and 15 were removed from the Consent Calend-r. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Kay Nickerson, 11360 S. Stelling Road, presented a petition si~ned by 125 residents of the South Stclling area. She summarized the petition results which requested traffic controls, crosswalks and sidewalks. Director of Public Works Viskovich said the city needs to acquire soine land to be able to provide a walkway and give some sight distance for the Echo Hill residents. He said they were in conl~ct with Mrs. Nickerson. CONSENT CALENDAR James moved to approve the items on the consent calendar as presented with the exception of items No. 13 and 16. Chang seconded and the motion carried 5-0. 1. Accounts payable: Dece~uber 23, Decmnlmr 30, 1999, and San. A,y 7, 2000, Resoluiiun .._ Nos. 00-015, 00-016, and 00-017. 2. Payroll: December 23, 1999, and January 7, 2000, Resolution Nos. 00-018 and 00-019. January. 18, 2000 Cupertino City Council Page 2 3. Appointing Carol Atwood as City Treasurer and Lois Eagle as Deputy Treasurer, Resolution No. 00-020. 4. Review of application for Alcoholic Beveragc Control license for Route Du Champagne, 10056 Pasadena Avenue, Suite C. 5. Amendment to animal services agreement, Resolution No. 00-021.. 6.' Recommendation from Telecommunications Commission to award final educational grant for 1999-2000. 7. Change order No. 1, Annual Overlay, Project 99-108, Resolution No. 00-022. 8. Quitclaim decds: (a) ~yh Nomg Yi,~n and Chiun~ Chu Yin Wei, 10120 Ca~ino Vista D~ve, APN 342-14-064, Resolution No. 00-023 Co) Bunhee ~[im 10363 San Fermmdo, APN 357-12-003,, Resolution~lo. 00. O24 9. Improvement Agreements: (a) lyh Nome yinn and Chiung Chu Yin Woi, 10120 Camino Vista Drive, APN 342- 14-064, Resolution No. 00-025 Franklin W. Cobum, 10300 Sterling Blvd., APN 375-24-018, Resolution No. 00- 026 (c) Daren Shu, 2060/20762 Lomita Avenue, APN 357-18-001, Resolution No. 00. 027 (d)Etmhoo Klm. 10363 San Fornando, APN 357-12-003, Resolution NO. 00-028 (e) Kevin L. Su, Sandy Su, Tony Su, 10225 S. Blanoy Ave., APN 369-32-009, Resolution No. 00029 (f) Garrick H. Lee, 18871Arata Way, APN 375-12-036, Resolution No. 00-030 (g) Richard D. Martinez and Henrietta B. Martinoz, 18760 Arata Way, APN 375:13- 015, Resohtion No. 00-031 10. Acceptance of city projects performed under contract: Landscape improvements on Stevens Cr~k Boulevard and Regnan ~ Project 99-111. 11. Supporting Bollinger Road Bicycle Md Pedestrian Facility Improw-,-.ents, Resolution No. 00-032. 12. Approval of Candidate Bicycle Projects for Valley Transportation Plan 2020, Resolution No. 00-033. 14. Declaring ~t~tions to order vacations: (a) Linnet Lane, public utility easement, Resolution No. 00-035 Pmneridse Avenue, inl~ress and egress easement and public utility easement, Resolution No. 00-036 (c) Linnet Lane, sanitary sewer cas=_,,ent, Resolution Bio. 00-037 · ,Tanuary 18, 2000 Cupertino City Council Page :3 15. Declnri_ng intention to order nbendonment of rights of ingress and egress over Becker · - Lane, Resolution No. 00-038. 17. Authori~inS submittal oF pmjeet applications for Trnn..mxa~ation l~und for Clean Air, Resolution No. 00-039. Vote Cottncilmeanbers Ayes: Burnett, Chang, James, Lowenthal, and Station Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM ~ CONSENT CAI,V. NDAR i3. Authoxi=ing f~llnS of applications for Federal Surfaco Transportation Proart. and Congestion Mitigation & Air Q,nllty Im?rov.ernent Program fimding, Resolution No. 00- 034. The item was tnhled. 16. Appointment to Bicycle and Pedestrian Committee. Mr. David Crreenstein introduced himself and reviewed his background serving on other bicycle committees for the City of Santa Clara and the Valley Transportation Agency. Burnett moved to appoint David Greenstein to the Bicycle and Pedestrian Committee. Chang seconded and the motion carried 5-0. PUBLIC I:W. ARINGS 18. Renewal of bingo permits: · Oddfellows · St. Joseph's Catholic Church City Clerk Kimberly Smith reviewed the staff~. Statton opened the public hearing. No one wished to sp~ir, and the hearing was closed. Chang moved to renew the bingo permits for the Oddfellows and St. Joseph's Catholic Church for 2000. Lowenthal seconded, and the motion carried 5=0. 19. Appeal of pln~mlng Commission's denial of application 12-U-99, Santa Clara Family Dental, 10413 Torte Avenue. Appellant: Mark Makiewicz (attorney for applicant). Planner Vera C-il presented the staff report, noting that there had not been time for extensive parting surveys.. Council had reos/ved a letter prior to the meeting from Jim Jackson, Jackson & Abdnlnh~ tenants neat'the subject site in Town Center. lanuar~ 18, ~000 Cupertino Ci~ Council Pase 4 Mark Makiewicz, Ten ~ Boulevard, Eleventh Floor, San Jos~, attom~ for the property owner/appellant, said that thc use thc), were requestins is l~'m~tted un~r zoning regulations. He said the floor area ratio, including the modification, was well within imposed limits. He said there were people objecting to the proposed use who were using more than their share of parking, thereby contributing to the situation. Staff has twice recommended that this project be approved, and he believed that Council should trust their recommendations. Dr. Khalil Saghezschi, prepay owner, cited his education' and ci'edcntials, and said the office will be restricted to cosmetic dentistry. He said he believed if any dental office or any office wanted to increase their size they had to go to the city to get their permission. Planner C-il co, firmed thst Dr. Saghezschi was correct that if he wanted to expand the dental practice he would need building permits. Application for the p~,~its would trigger a check with the Planning Department to make sure there is enough parking. If there is not, they cannot expand. Dennis Whittaker, 20622 Cheryl Dive, said he was concerned about what could happen in the future. He had taken photographs or,he entire complex that showed that all the parking spaces were occupied. He said many of the cars were not compacts. He said he was not concerned about what the doctor wanted to do now, but he would llke to have ' pe~uianent restrictions on expanding into the ganeral office apace. He said he had to park two buildings away from my office twice in the last year because there was no apace available. He said his concerns were about quality of life. He showed where the buildings under discussion were located and where the parki,~g for the various buildings was located. Steven Lipp, 10413 Tone Avenue, said he had been a tenant in the building but had vacated, partly because of the parking problems. He said when he signed the lease, it stipulated that hc hsd ten parking spaces because he knew at that time parking was a problem. Mr. Lipp said he was in the building a litlle over three years and exp. erienced parking problems the entire time he was there. He said his having the right to ten parking spaces left only eleven for the rest of the building. He said it was not his problem now, but is something that should be taken into consideration. Steve Rudd, occupant of the office next door to thc applicant, agreed with what Mr. Whittaker 'had said. He said he had the authority to speak for the building owners, and they believe there is a parking pwblem, especially in recent years as thc Town Center has expanded and as more tenants, employees, and customers have moved in. He said he believed they could expand their building under the paddng ratios but they have chosen not to because they want to have sufficient parking at this center. Clients, especially elderly ones, have told them that they switched from downtown fui~,s because of the convenient, free parking. He said there were two or three days a year when he had parked next to thc building in question, and a notice had been put on his car telling him not to park there. He said if clients and customers get notices on their windshield, they are not going to think this is a friendly place. Mr. Rudd said he agreed with Mr. Jackson's comments. January 18, 2000 C~perHno City Council Page 5 Dr. Daryl Lure, 20395 Pacifica Drive, said his dental office wu at Pacifica Suites which is immediately adjacent to the applicant's property. He said he was spent4-~ because they have always had a parting problem and people drive fairly fast in this area. He referred to C-enema Plan Policy 2-6 which stai~ 'that individual properiies are developed independently of surrounding sites and they should have interconnecting pedestrian and vehicle access and shared parting. He said that none of these parcels have shared parking. Each parcel was responsible to provide its own parting and in the deeds and restrictions each parking space is allocated to a particular propelly. As a result, everyone gets protective of their own parking. He said that this policy only works if there is enough parting for each complex, and one complex is down 20 spaces. He said those 20 cars tend to be spread over Pacifica Suites parking, and as a result everybody gets bumped farther and farther away. He said he would lite to see the city take a proactive role in trying to resolve this parting problem. He said he thought there should be conditions placed on adjoining buildings that if they are converted to a dental or medical office which has a higher parting requirement, it should appear before the Planning Commission. As it is now it could go ahead without any city approval except a ~uildi,g pea,nit. Gil noted that th~ is slreat parking on Tone Avenue, but that staff had only looked at off-street parking when the parting count was taken. She outlined the staff process when applicants seek an expansion. If a parking analysis is required, the staff person makes sure it is complete, and if there is enough parking provided, they could si~n off on it. If council wanted to ensure that a request for a change of use would go to the plnnning Commission, they could place such a condition on the approval. Community Development Director Piasecld said there is not much capacity on the site to provide more parking, but council could add a condition that any expansion would require review of the use permit. If it is determined thnt parking continues to be a problem, it would force it back to the Planning Commission. Gil provided background i-formation on the parking situation, noting that when the center was originally constructed the parting requirement was different. It was one space for every 200 sq. ft. and was not separated into general office or dental but was a mix of both. She said.the applicant had ro-sUiped the parting lot in order to meet some handicap accessibility requirements but no additional spaces had been provided. She explnlned the reasons for staff's recommendation for approval of the application, stating the recommendation is based on a newer formula. She said they looked at other dental practices not in this center and dete,,.ined that the one space for every 175 sq. ft. ratio does work for other dental facilities. Director of Public Wotics Viskovich said it would be hard to administer and enforce a requirement that people not park in parts of the center other than their designated pa~. In regard to the legal force of a note placed on a car telling them not to park in that apace, City Attorney Kilian said if an owner leases property with a guarantee of a cert.ln .--. number of spaces, that can be enforced but only privately, not by the vehicle code. He said they should ~-rk the spots lilrc the title company does saying these spots are reserved for such and such a business. He said it has a lel~al effect and they can have the cars towed. January 18, 2000 Cupertino City Council Page 6 Lowenthal said the applicant seems willing to live with the parking planning restrictions, and all the other property owners and tenants who spoke wanted protection against future use of the building where more of it would be converted to dental usc. He aireed with staff's suggestion that requests for conve,-iion of other parts of the building to dental use would be required to go through the Planning Commission. James asreed with Lowenthal but believed that the city needed to be proactive. She said she would like staff to take another look at this whole office area and make some recommendations regarding thc paridnS area. Chang agreed with James and Lowanthal Bumett said he also was in basic alp'e~ent with other council members, and commented on the speeding problem. He said the Public Works Depa~huent is aware of techniques that can be used to control traffic in such areas. James moved to uphold the appeal and ov~iarn the denial by planning Commission; to add a condition that any changes to the intemai use of the building must be reviewed by the planning CommlssiOll; and to dircct staff to do a follow-up study and make recommendations to city council regarding the overall paridng use of the center. Lowenthal seconded and the motion carried 54). 20. Appeal of Plapning Commission's approval of application 29-U-85(M), First Baptist Church, 10151 Howard Court. Appellant: Couucilmei~ber Don Burnett. Associate Planner Colin lung reviewed the staff~rt. Bumett explained the reasons for his appeal, noting that if all ten units were one subdivision, one of them would have had to be an affordable' unit. He felt that .the Planning Commission recommendation was a reasonable compromise to balance out the benefits that have been passed on to the developer and the church. He was also '.. : concerned that the house is moving out of Cupertino. Kilian said that if a subdivision of ten or more lots is developed, one lot mUSt be dedicated for BMR, and if there are less than ten lots, each lot pays an in lieu fee. He said the area outlined in red on the map is not part of the subdivision, but is called a remainder. Therefore by law this is a nlne-lot subdivision. As a result those nine lots have paid in- lien fees, and he was concemed that ifthis is required to be a BMR unit the city might owe refimds for the in-lien fees. He said he had sul~ested to the Planning Commission that the best way to handle this was to condition approval saying that the house on the remainder would always remain a parsonage. Should the church want to do anything else with the house, it must first get approval from the city. Kilian said the planning commission considered that this .might be viewed as a way to avoid the BMR requirement, but everything that the church has done was within the law. L[~,~.,/ city Hall 10300 Torre Avenue CITY OF cupertino, CA 95014-3255 : Telephone: (408) 777-3213 CUPEI INO HUMAN RESOURCES DIVISION SUMMARY Agenda Item No. o~ Meeting Date: March 19, 2001 SUBJECT AND ISSUE Adoption of Ordinance amending Municipal Code Section 9.06 (Regulation of Massage). Section 9.06 of the Municipal Code sets forth provisions concerning the regulation of massage therapists and establishments in the City of Cupertino. Section 9.06 has been revised in its entirety to provide for consistency in administration with regulations in other Santa Clara County cities. The amendments also provide law enforcement agencies with provisions required for thc consistent regulation of activities that are associated with massage establishments. Briefly, the amendments to the Municipal Code: a. Require each massage establishment to designate a managing partner. b. Require additiol:lal information from applicants for massage therapy permits. c. Establish additional stand,rds regarding lighting, mirrors, operating hours, prohibition of alcohol, linens, towels, sanitation requirements, etc. The City Council considered the amendment at its meeting of December 4, 2000. After hearing comments from interested persons, the City Council continued the matter until the Board of Supervisors adopted a similar ordinance and to enable staffto meet with the parties of interest concerning the matter. On Jammry 9, 2001 the Santa Clara County Board of Supervisors adopted an ordinance addressing the regulation of massage. The proposed ordinance before the City Council is consistent with the Santa Clam County ordinance. On Jammry 16 a meeting was held with several massage professionals regardin4,~ the proposed amendments. All licensed massage establishments in Cupertino were sent notices regarding the meeting. After receiving input from the interested persons several amendments were made to the proposed ordinance. The amendments are identified on Attachment I. Printed O~ F~ecvcled Pa~er March 19, 2001 Page 2 The City Attorney's Office has reviewed and approved the proposed amendmems to the Municipal Code. RECOMMENDATION It is the staff recommendation that the City Council approve the a~ached ordinance. gu ~bmi~.'~, d by: Approved by: Wi~li~ J. Woska David W. Knapp Hu_~m Resources Manager City Manager Attachment I Amendments to Proposed Massage Ordinance Following Input from Interested Persons 1. Section 9.06.020 A - the definition of"Corporate Massage" was amended to be consistem with the Santa Clam County massage ordinance. 2. Section 9.06.020 - where used, the l~,m "health treatments" was amended to be "health services." 3. Section 9.06.050 - where used, the term "treatment" was amended to be "service." 4. Section 9.06.050 (7) - the requirement for permit applicants to provide employment records for the last "ten" years was amended to be "five" years to be consistent with the Santa Clara County massage ordinance. 5. Sections 9.06.055, 9.06.160 - estoblished consistency between the two sections whereby the medical examination must be completed within 60 days. 6. Section 9.06.130 - added new section providing an exemption from the practical perfo.,u~nce examination iftbe individual possesses a current certificate from the National Certification Board. 7. Section 9.06.193(0 - the term "reception area" was amended to be "designated area." 8. Section 9.06.1930c) - the t~,m "Mirrors Prohibited" was amended to be "Mirrors Restricted." ORDINANCE NO. 1875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AIVIENDINO CHAPTER 9.06 OF THE CUPERTINO MUNICIPAL CODE, CITY COUNCIL - REGULATION OF MASSAGE THE CITY coUNcIL OF THE CITY OF CUPERTINO ORDAINS that Chapter · 9.06 of thc Cupertino Municipal Code is amended to read as per the attached Exhibit A. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 19m day of March, 2001, m~d ENACTED at a regular meeting of thc City Council of the City of Cupertino on the day of ,2001, by thc following vote: VOTE lVIEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Cl~rk Mayor, City of Cup~'tino F. XHI~IT A Chapter 9.06 MASSAGE ESTABLISHMENTS AND SERVICES 9.06.010 Purpose of provisions. A. It is the purpose and intent of this chapter to provide for the orderly regulation of massage therapists and massage establishments as dcfmed in this chapter in the interest of public health, safety and welfare by providing certain minimum q--lifications for the operators of massage establishments and massage therapists. This chapter is adopted based on the following findings: 1. That the City of Cupertino has recognized the field of massage therapy as a viable professional field; 2. That the City of Cupertino wants to recognize and res'pea professional massage therapy orga, iTmlons and qualified professionals; 3. The City of Cupertino also finds that the rules and regulations as developed in this chapter slrive for equality of all massage organizations and therapists while attempting to .prevent serious objectionable characteristics that massage parlor establishments may have created irt the past. B. It is intended that massage therapy is a profession of the healing arts and subject to all zoni,g ordinances and regulations as may be required for professional uses. A. It is also intended that massage uses not regulated or exempted by this chapter are considered massage parlors thus regulated by the provisions in Chapter 19.104 regulating adult-oriented commercial activities. (Ord. l?12 (part), 1995; Ord. 1606 § l, 1992) 9.06.020 Defl-itions. For the purpose of this chapter, unless the context clearly requires a different meaning, the words are termed and phrased as set forth in this section and shall have the meaning given them in this section: A. "Coqx)rate massage" me~-~ ~y '""~/le of'the neck, o,ms, £houlders back -'~a a~ove the wo;~t xvhere t~e client i£ fully clothed '-d done xvithout the ,v,e of £upplement°-y o:,t~, £uc~, 0, rubb!,~ o~cohol~ liniment, ca% ~owder~ creo'~s, lotion, ointm~,,'~, or other si-a°' pr~o-ationt commonly ~£ed in tiffs practice. Corporate massage services may be offered at the works#e of business with over twenty-five (25) employees without obtaining a separate massage establishment permit. Such corporate massage services shall comply with t~e following standards; 1 q.\'" 1) During the duration of the massage, the client shall be seated in a chair. The client shall be fully clothed. The massage shall be limited to the client's neck~ arms, shoulders, and back area above the waist and shall be done without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. 2} AH corporate massage services shah be performed by a massage therapist holding a valid permit under this chapter. $) The corporate massage services shall be equally available to aH employees of the business. Provision of corporate massage services shall be limited to those hours that the business is regularly open to the public. The services shall be provided in an open environment and shah be observable to the passer-by. B. "License" means a license to operate a massage establishment as required by this chapter. C. "Managing employee" means any employee of a massage establishment who has been designated by the holder of the massage establishment license to manage the business in his/her absence. The managing employee may perform massages at the business only if he~she obtains and maintains in effect a massage therapist permit. G, D. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands, hot towels or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations; or by baths, not limited to vapor, electric tub, mineral fomentation, or any other type of bath. 1~ E. "Massage establi.nhment" means any licensed establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or a combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on for consideration, massages or health treatments involving '~o~al~£ 9~ prim~'Y f~mctior~s, massage, including but not limited to any hot mb/sauna, relaxation, or tanning establishment in which massage services are made available to clients. Fi, F. "Massage therapist" means any person who has been granted a petafit pursuant to this chapter and who administers massages, baths or health services involving massages or baths as the principal function to another person for any compensation whatsoever, and meeting the certain requirements established by this chapter. O. "Outcall massage service" means the engaging in or carrying on of massage for consideration at a location other than a licensed massage establishment. E. "Off~i~ rr--~g~" me''-ote engaging in or ¢~rrying on of ~'-s~ge for ~on~ide~tion at a lo~on o~r t~'" a li~.r-~d ~--s~ ~t-bli~em. ~ H. "Pe~t" me~s a ~t ~ ~gage ~ a~vi~es of a m~sage ~empist or a managing employee ~ req~md by ~s c~pter. ~ I. "Person" m~ ~y ~divid~, ~, ~socia~on, p~ers~p, co~orafio~ jolt ven~, or comb~fion of ~vidu~s. ~ J. "Reco~ni~d school of ~sage" me~ ~y school or ~fimte of le~g w~ch: 1. T~ ~e ~eo~ e~s, p~ prof,~on ~d ~ 1. ~q~s a ~siden~ ~ of study of not fewer ~ one h~ed ho~ ~ithin at le~t three mont~ on the theo~, ethics, histo~ practice, metho~ pro~ssion or ~ork of m~sage, t~ding the ~mdy of a~tomy, physiolo~ and ~ene, a~ at le~t seven,-five ho~ of demo~on a~ practice of m~sage, techniques, and which provides a diploma or cert~cate of ~adua~on upon success~ com~le~on of such course of sm~ or co~se ~ork reco~ed by ~onal profe~sio~l ~sage or bo~ thera~ organ~a~o~. ~ ~ gi~n ~ not mot, t~ ~ ~' mon~~ ~f~ ~* ~d~m is ~izh, d x~ a diplom~ or ~fi~ ~f ~id~ofion ~m ~ugh ~hool or in~m~on of l~o~g f~llm~ng ~e zu~ ~omple~on of~u~h ~o~e of emd~ or l~ng; ~d ~ Z H~ been app~ved p~s-~nt to C~ifo~ ~uca~on Co~ Se~on 94311 or, if ~e school is not loca~d in ~ifo~ ~ complied ~ s~dar~ co~e~ ~ ~ose r~r~ ~ s~d Sec~on 94311; ~ ~. ~y school or ~mfion of le~g offe~g or ~lo~ng ~spondence co~e cre~t not ~q~g acV~ a~end~ce at cl~s, or co~ses of m~s~e · e~py not app~v~ by ~e C~ifo~a D~t of Educa~on sh~l not be deemed a ~co~d school of m~s~e. ~ K. "Residen~ ~e" me~ ~ga~g ~ or c~g on of m~ge at a ~sidence where ~e cli~t eider o~ or ~n~ &e resid~ce. L. "5~ot~ or noti~noUy c~o~e~d org~o'ion~vot~d ~ ~e m~ c~i~' ~d ~, ~uti~ ~m~ch" m~ ..... orgw~o~ion x~h ~ ~ M~v~r, or d~ign~t~d ~mplo~ d~ m~ ~ follm~ng 1. ~e ~rg~:~ion or ~o~i~on ~ t~t it~ m~mb~ m~t ~du~atie~~ r,q~m~nt~ ~, ,d~a~er~ ~qv~-em~ m~ ~lude at le~ ~vo h,,~d fi~ ~lo-~mom he--~, or i~~ ~'~vo~n~ in o~e~ ph~i~l~g~ hygiene, edug~ p~-~ · ~o~,m,nt ~,d"-e~ for ~e ~-~r-~ o~d ~oc~tion of mem~r~p of The org~'ziTotion ir olin to member£ of the general public meeting the rcqui~ment~ for m~mkar~p on~i~er a ~te~de or n~i~n~ b~i~. (Or~ 16~ ~ 1994; ~ 161~ 19~ ~ 1606 ~ 2, 1992) 9.06.030 Exemptions. A. A massage establishment license shall not be required for the following persons while engaging in the performance of the duties of their respective professions: 1. Physicians, surgeons, chiropractors or osteopaths who are duly licensed to practice their respcctivc professions in thc State of California while perfo.ning activities encompassed by such professional licenses; 2. Massage therapists o'"d rock,age therapi£t tr~"ee£ while perfo~ing massage in the offices of a licensed physician, surgeon, chiropractor or osteopath and while under the direct supervision and medical recommendation of such licensed medical professional; 3. Nurses or physical therapists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professiorml licenses; 4. Trainers of any amateur, semiprofessional or professional athlete or athletic team; 5. Barbers or cosmetologists who are duly licensed under Division Six of the State of California's Business and Professions Code on performing a massage within the scope of the license and for which no separate or increased prices are charged; 6. Mo~age tlmrapis~s who perform r~oosages Massage that is clearly incidental to the operation of a personal fitness training center, gymnasium or health club may be permitted through the use permit for those operations as required in Chapters 19.56 and 19.72 of the Cupertino Municipal Code. ~1 massage establishment ficense is not required for the aforementioned businesses. The massage therapist described in this category will however, be required to obtain a massage therapist pem~it as set forth in this chapter. 7. Acupuncturists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional license. Any State licensed acupuncturist who provides massage services by any person not licensed as an acupuncturist must obtain a massage establishment license as prescribed by this Chapter. B. This chapter shall not apply to individuals administering massages or health treatment involving a massage to persons participating in singular occ,"rent occurring recreational events provided tlw following conditions are met: 1. Massage services are made equally available to all participants in the event; 2. The event is open to participation by the general public or significant segment of the public such as employees of sponsoring or participating corporations; 3. The massage services are provided at the site of the event either during, immediately preceding or immediately following the event; 4. The sponsors of the event have been advised of and have approved the provisions of massage services; 5. The persons providing the massage services are not the primary sponsors of the event. (Ord. 1606 § 3, 1992) 9.06.040 Massage establishment license, massage therapist permit, managing employee permitmRequired. It is unlawfifl for any person to engage in, conduct or carry out in or upon any premises within the City the operation of a massage establishment without a massage establishment license obtained from the City Manager. In addition to a City business license, a separate establishment license shall be obtained for each separate massage establishment operated by such person. A massage establishment license shall be issued to any person who has complied with the requirements of this chapter and all other applicable provisions of this code unless grounds for denial of such license exist. The possession of a valid massage establishment license does not authorize the possessor to perform work for which a massage therapist l~Lmit is required. It is unlawful to operate, establish or maintain a massage establishment while the license issued for such business has been suspended, revoked, or has expirea~ No additional applications for licenses will be accepted for locations which are in the appeals process, until the existing license has expired, has been revoked, or has been surrendered by the applicant. (Ord. 1712 (pan), 1995: Ord. 1606 § 4, 1992) 9.06.050 Massage establishment license, massage therapist permits, and managing employee permitsmApplication. Any person desiring a license to operate a massage establishment, and/or a massage therapist or a managing employee permit shall submit an application to the City Manager. Within forty fixn s/xty working days following receipt of the completed application, the City Manager shall either issue the permit or mail a written statement of the reasons for 'denial thereof by certified mail. )Vhen necessary, the City Manager or his/her designee may extend the time in order to conduct a complete investigatior~ The application shall set forth the exact nature of the massage, bath or health service to be administered, and the location of the proposed place of business and facilities thereof., o-d *kc ~'o"'e o,,~! ad,~,'~ss of elih applicn-t The City 1Vo-~sr '-'~y request the appli¢o-t lc Each applicant is required to furnish fingerprints when needed for the purpose of establishing identification and/or criminal record. In addition, a~ each applicant shall furnish the following information: 1. The full name, including any nicknames or other names used presently or in the past, and the present street address and phone number of the applicants residence; iL 2. The previous address of the applicant for a period of three years immediately prior to the date of the application and the dates of each residence; iL 3. Written proof tbot the applic~"t is at least eightnen ye'__'£ of age; The applicant's date of birth; ~ 4. l~"°insr~, occupation or employment hi£toty of the applicant for thr~e yeo"z immediately preceding the date of applicatio~ The applicant's height, weight and color of eyes and hair; 4. If the appli¢°"t i£ a ¢orporation~ the r~'-'es of the corporation sln!l be set fora exactly -o shown in it£ o-ti¢lsz of incorporation togzther xvith romez ~nd re£ident ad'~'s£ss£ of each of the officers, ~_Lag~orz o"d o,,ach ~oehholder holding more t~'o'' fiw p~rc~nt of the £tock of the corporation, If the pppli¢-_..nt it a pnnner£hip~ the application r~-o' set forth the r--ne -"d re£idence address of each of tbe l~riners, incha'~;'~g limited t~o'laerz. If one or more of the pn-tners iza corporation, the provizion~ ofthi£ section l~';":'~g t~ a corporate applicant shall ~, 5.license number and/or state identification number (if any) and social security number; · ~ 6. The applicant's two most recent employers, including their names, street addresses, cities and phone numbers, and the position of the applicant; 4, 7. The names, street addresses and phone numbers of any massage establishment or any other business involving massage, relaxation, or other related business by which the applicant has been employed within the past five years; and the dates of employment; 4, 8..4ny criminal conviction on the part of the applicant for offenses other than traffic violations within the ten years preceding the date of the application; ~, 9. ]Vhether the applicant has ever had a license, certificate, permit, or other authorization to engage in the practice of massage or related business; whether the operation of a massage establishment, or other business engaged in the practice of massage, was suspended or revoked within the ten (10) years preceding the date of the application, and dates and reasons for any such suspensions or revocations, and the name and location of the jurisdiction or agency which suspended or revoked such license, certificate, permit .or other authorization; ~, 10. Whether the applicant, including applicant as a member of a corporation, business, or partnership, has ever operated or been employed at any business that has been the subject of an abatement proceeding under the California Red Light Abatement ,4ct (California Penal Code Sections 11225 through 11325) or any similar laws in other jurisdictions. If the applicant has previously worked at such a business, he/she should state on the application the name and _,,__~_~,ess of the business, the dates on which the applicant was employed at such business, the _ name and location of the court in which the abatement action occurred, the applicable case number, and the outcome of the abatement action; 4. II. If the applicant is a partnership, the application shall set forth the names and street addresses of each general and limited partner; 4. 12. If one or more partners are a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter. together with the state and date of incorporation and the full legal names and street addresses of each of its current officers and directors; 4. 13. Whether the applicant has met the educational requirements set forth in this chapter (except for cases inv'olving applications for massage establishments or managing employee permits, when the applicant has filed a statement under penalty of perjury that he/she will not personally give massages at the massage establishment); 4, 14. Whether the applicant has previously applied to the City for a massage establishment permit, managing employee permit, or massage therapist permit, the date of the application and every name(s) under which the application was made; 4, 15. In the case of an application for a massage establishment permit or managing employee permit, the proposed name and street address of the massage establishment, together with the name and street address of any other massage business operated or managed by the applicant, within the ten (10) years preceding the date of the application; _ 4, 16. In the case of an application for a massage establishment license or managing employee permit, whether the applicant intends to personally provide massage service~ at the business; 4. 17. A statement under penalty of perjury that the applicant has not made any false, misleading, or fraudulent statements or omissions of fact in his/her application or any other documents required by the City to be submitted with the application; 4. 18. The name and street address of the owner or renter and the lease holder of proposed premises of which application is made; 4. 19. Acknowledgement by the applicant that any information contained within the application that may change during the validity of the permit or license will be provided to the City to maintain current records; 20. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and responsible managing officer; 21. Such other information as may be deemed necessary by the City Manager. (Ord. 1643 (pan), 1994; Ord. 1606 § 5, 1992) 9.06.055 Massage establishment license, massage therapist permits, and managing etnployee permits ...-Sttbmit~ of documentation. Applicants shall also submit the following information at the time of their application: 1. A copy of an acceptable form of picture identification such as a driver's license or state identification card; 2. Two recent identical color photographs of the applicant (similar to passport photographs); 3. Documentation to prove that the applicant has a lawful right to work in the United States; 4. Such other information as may be deemed necessary by the City Manager. 5. In the case of an applicant for a massage therapist permit, a certificate from a physician, which includes the physicians street address and phone number, and states that the applicant is free from communicable diseases or other conditions which could interfere with his/her ability to engage in the practice of massage, to the public, in a safe and healthful manner. Communicable disease testing is required for Hepatitis B and Tuberculosis. The medical exam must have been completed within sixty (60) days of the permit application; 6. In the case of an apph'cant for a massage therapist permit, a diploma, certificate of graduation, transcripts, or other written proof acceptable to the City Manager or his/her designee that the applicant has met the educational requirements set forth in this chapter. 9.06.060 Massage establishment license, massage therapist permit, and managing employee permittAppllcation fee. Any application for a license to operate a massage establishment and/or a massage therapist permit and managing employee permit shall be accompanied by a nonrefundable fee, as established by resolution of the City Council. The application fee shall be used to defray the cost of investigation and report, and is not made in lieu of any other fees or *axes required by the Cupertino Municipal Code. The application fee shall be paid at the time the application is submitte& (Ord. 1606 § 6, 1992 9.06.065 Massage establishment license, massage therapist permit, and managing empioyee~F_acpiration and renewal ~. ~ massage establishment license, massage therapist permit, and a managing employee permit shall be renewed every year. A renewal fee will be assessed for each permit being renewe& Applications for the renewal of establishment licenses must be submitted to the City Manager or his/her designee no later than sixty (60) days prior to the expiration of such license or permit. There shall be no grace period for a massage establishment license, massage therapist permit, or managing employee permit should the aforementioned be allowed to expire. Any qe~ified n'~°£~Se thsr~piet ~ho ~pplie£ for · m~oszSe e~ablie~ent lic~ro~ e~-~l not b~ ~qu~d ~ p~y *~e fee req~red ~ ~e eeetion but sh~ll ~ req~d to ~m~ ~s ~-ts~-k, ~o~tion ~nd f~e eet f~ ~ ieetio~ ~90 l~ --d ~CII~ (~d. 1~06 ~ ~ 1992) 9.06.070 Massage establishment license, massage therapist permit, and managing empioyec ~-,rounds for denial A massage establishment license may be denied by the City Manager if one or more of the following are found: 1. That the applicant made a material misstatement in the application for a license and/or permit; 2. That the applicant or any officers or directors of the applicant ha.% within five y~--s immediately precedinl~ the d~te~)f filinl; the application~ be~n convicted of a ~ been convicted of: (I) ~ln offense which requh, es registration pursuant to California Penal Code Section 290, or a violation of Penal Code Sections 266(1), 311 through 311.7, 314, 315, 316, 318, 647(0) or (d), or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; (2) ,4 prior offense which involves violation of California Health and -- Safety Sections 11351, 11352, 11358 through 11363, 11378 through 11380, 11054, 11056, 11057, 11058, any other violation(s) involving illegal possession for sale, or sales of a controlled substance, or equivalent offenses under the laws of another jurisdictior~ even if expunged pursuant to Penal Code Section 1203.4; (3) Any offense involving the use of force or violence upon another person; (4) Any offense involving sexual misconduct with children; (5) Any offense involving theft. 3. That the operation of a massage establishment as proposed by the applicant, if pcs,,itted, would not comply with all applicable laws including but not limited to all City ordinances and regulations; 4. That the operation of the proposed massage establishment is likely to be a hindrance to the health, safety, welfare or interest of the people of the City; 5. That the applicant is lacking in the baclqp'ound qualifications to conduct a bona fide massage establishment; 6. That the applicant has violated any provision of this chapter or any similar law, rule or regulation of another public agency that regulates the operation of massage establlshmcnt.n. (Ord. 1712 (part), 1995; Ord. 1606 § 7, 1992) 9.06.080 Massage establishment employe~Permit requirements. It is unlawful for any licensed massage establishment or managing employee to allow any person to. perform massage, bath or health treatment for any compensation unless the person holds a valid massage therapist permit. (Ord. 1712 (part), 1995: Ord. 1606 § 8, 1992) 9,06,090 Ma~raga tharapirt parr'it Application, (Renumbered to Section 9.06.O$O) A. Any person desiring a l~rmit to act ~ a m~ge thgrapig ~all sabmit application to the City Mo'~ger. Witlfinfortyfiv~ s~xO~ xvorking da3~ follovdng raceipt of the ~omplet~d applicati~n~ the City M~"~¢r rho~' either ir~u¢ the permit or m°~ a xwit~en £totemcnt for the re~oxm~ for deni~! thereof by certif'~d mail,. If the City Mr'~g~r t4csz neither action the p~A,.fit e~'~ i~s~aed, TheCity lx~r°'~flsr may r~q~£t th~ appli¢o"t Vach applicant ~r raquired to fumizh fing~rprint~ whan needed for the pm'porn of ~r, tq01ir&ing idemifi~ation and/or criminal record. ~ In addition the al~plieo"t shall P'_'nirh the following info~f~-,ation~ 1. lflo'~ r~rid~nt aaa-ar~, talephone n,"~bar, roeia~ £e¢,,-ity n,,'nber, ~nd driver's li~,"oe nc'al:ar; 2. Written ~videnvn t~'ot the appli¢ont i~ at leoot eighteen yea~x of age; 3. _nuziaerr o¢¢~apafion~ or amploymam of tha appli¢o-~t for the three y~o-~ irnn~diately preceding th, 4~te of applieafion~ 4. Tha nr'~ o"d a~'~'~r~ of the ~t~bliflumnt whar~ th~ appli¢o'~t it to employed n'~d tha '~'"s of tha oxvner o"~/tor oparator of the go-n~, A ~rapi~ ~t~d a ~t p"'~'o~t ~o ~ ~efion mu~ repo~ a e~o~ in ~ C~fi~at, ~om a m~di~v~ doetor ~ot~ t~ot ~ p~Rea, da~ i~imdy gfior m ~ fling of~e appli~atio~ b~n exo~:~,d ond fe"nd to b~ ~aa of o~y con~io''~ or co~&~able di~ ~apabla of ~g ~nzmiaed to ~ pabli~ or f~l~w ~mgloy~ $y ~ B'~ interaction x6~ ~e gabli~ o~d fellow ~mploy~z in~l~d ~ ~e peffom~ce of · onda~ting a aa~nd~d o~d a eopy of ~ ~plo~ or ea~ifi~at, of g~u~tion axx~-d~d applieo~t ghox~ng ~omphtion of not f~x~r t~ five h~dr~d ho~s of inz~efion or x~a~ ond v~fifi~d proof t~ot ~ applicant ~ at l~art fi~ h~d~d ho~' ax~fienee in p~f~gie~~ x~rk ~d me,od of~g~ge ~ of~e effeefi~ dat~ of ~ orfl~o~a ~odi~d in ~z ~b~t~r; 7.~fieation ~om a m~dic~ pncfitioner approved by ~e City of ~o ~at ~e appli~o~t b~r zuc~e~s~ly ~omplat~d bo~ a x~aen te~ o~d practica~ paffo~o-~ ~xo-~-ofion aa-:~:st~d by aaid m~die~ practitioner. ~e~ificafion x~ll ~ p~ded o~y o~er ~e app~o~t ~ guc~e~g~lly No applieo~t may to~a ~ x~n t~t o~d pn~ ~ffo~o~ ~xo-~ation ._ more th°'` t~vo times in a t~vslv~ month period. ,~_ny cos*o o osoeia~ed ,aith the xwit~n test -"d .practi¢o~ Fsrform~"¢e s.x~'":"otion g~'-' ~oe the respon~ibilii~.~ of the appli¢°nt o"d po:d d:-ectly to +.he me~llc°l practitioner; ii. Any person who ~'oo .been i~sued a n'-osag, tlmrapist p,rmit or ma£sage therapist ~ra~"es p~rmit ,"d ~vh~ 1'oo not complied with the provisions of within ninety co'endo- day~ of the adoption of the ordin~.nce codified in said £ub£e¢lio~ (Ord` 1712 (p-_..-t)~ 199~; /3rd, 1643 (p--t)~ 199~l;.Ord, 1606 § 11, 1L06,100 Ma~aga tharap~-t permit Applieation fe~ and renexx~k (Renumbered to Section 9.06.065) A. Any application for a m~s~s thsrapia I~,,.it s~'o~l be ac¢omt?";ed l~y a no~'-dable fee ~ sa-bli~ed by relolution of ~e ci~ Co.oil. A m~ssage ~s~pi~ g~it ~' ks rens~d~w~ fiw y~--z, -nd a ~new~ fee ~b-' be ~e ~plieaiion fee r~-~l bs x~rsd ~ ds~ay ~ cost of ~vs~figafion n-d ~pon, "d ic not ~ods ~ lieu of o~ o~er fee~ or loxes ~;-~d by ~e Cup~nc ~a~ciF0~ Code. 9.06.110 Massage therapist permit--Criteria for issuance. A massage therapist permit shall be issued to a person who meets thc following criteria: A. Is a member in good standing of a state or nationally chartered organization devoted to the massage specialty and therapeutic approach; and B. Has completed one of the following requirements: 1. Five hundred hours of inslruction in a massage specialty and therapeutic approach at a recognized school of massage, 2. Two hundred fifb/hours of such instraction and an additional five hundred documented hours of practical experience in a massage specialty and therapeutic approach in one or a combinotion of the following: a. A primary office of and under the direct supervision of a medical professional licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, while such medical professional is pe~ormin~ activities encompassed by such license and is physically on the premises where the massage therapy is being b, ~ontin";'~ education cbs£es or ss'";"o-~ in t,% field of r"'~sage therapy offered.by a rec~,~v;-.ed school s. Az a permitted r'.ovs~fl¢ ~hmpist lro;"ss working '"'der ~;'~ct SUl~__rvi£ion of a permitted '"-~£ags th~rapist~ 2. ~ F°°ted -" ind~endsntly preg°-ed ~nd · -- praai¢°! psrforr'o"ee er--":"-tion ~-";-';-tarsd tl~rough a mea:cal practitio~'sr approwd by the City of C~mino wherein the applic-.,~ demon~trat~ a ~oi¢ lmmuledg¢ of o"~tomy, physiologic, ~gicn~ and ~r~ 1712 ~a~ 199~ Ord. 1606 ~ 1~ 1992) ~Renumbered to Section 9.06. 0) 3. H~ tarn a~ success~lly p~sed the National Certification ~amination admfn~tered by the NationM Certification Board for Therapeutic M~sage and Bo~or~ The applicant m~t submit a current certificate with the application to saas~ this criteri~ 9. 06~ 120 Massage therapist practical examination. The applicant shall take and pass a written test and practical performance examination administered through a medical practitioner approved by the City of Cupertino wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage. The written examination will be. available in English. The applicant may, on hie/her own, make arrangements with a certified or registered interpreter to interpret the examination. The applicant may use a translation dictionary during the written examination. Items such as electronic dictionaries, definition dictionaries, or dictionaries containing written notes or additional text are not allowec~ If the applicant fails the practical exam, he/she shall be permitted to retake the exam once, after at least thirty 00} but no more than sixty (60) days have elapsed from the date of the first exam, provided that the applicant pays the applicable exam fees for a second time. Should the applicant fail the exam a second time, the application shall be denied, and the applicant shall not be permitted to apply again for a massage therapist permit for a period of one (1) year. 9. 06.130 Exemption from massage therapist practical examination An applicant for a massage therapist permit may be exempt from the written test and practical performance examination if the applicant provides current certification from the National Certification Board for Therapeutic Massage and Bodywork. 9.06.160 Annual medical examination for massage therapist. A. Any person who has been issued a massage therapist peru.it shall file with the City Manager each year within ~'_,_,~.y sixty. (60) days of the anniversary date of the issuance of the permit an updated certificate from a medical doctor stating that the permittee massage therapist has, within sixty days immediately prior to the filing of the certificate, been examined and been found to be free of any contagious or conununicable disease caFable of .being tr~"o--:tted ~o the public or fellow employees involved in ~ ~_~fQrr~o,,¢e of conducting a --'~sage. set forth in Section 9. 06. 055($). B. It is unlawful for any person who has neglected, failed, or refused to file a certificate required by subsection A of this section to act as a massage therapist. _ Failure to submit the required certificate shall be grounds for revocation of the permit. (Ord. 1712 (part), 1995: Ord. 1606 § 15, 1992) %06,170 Massage therapi;t permit Crounds for denial, (Renumbered to Section 9.06.070) It is -'~laxx~ful for wy person ~o act ~o --'o-saSe therapist unlez£ such ~rmn holds a v~id p~t i~d by ~e CiW M~er. ~ m~sag~ therapist p~it~h-ll ~ ksued ~ '-y pe~on x~o hl~ ~lfillsd ~e requirement- of ~i~ chapter ~nd all applicable provisions of ~is ~od~ ~nle~ 8ro"M~ for de.al off.ch ~lafit 0~ fo~d to exit. ~e Ci~ M~sr may dsny a pt..it if on= or mom of ~e folloxx~ ow fo,md: 1. ~-t ~e applico-t ~'r not ~ccs~lly satisfisd ~e provis~ of ~s 2. ~at ~s appli~-t b-~ ~ads a ~zt=d~ ~sapt,m~nt in ~s application for ~'t ~s applic--t bo% x6~ ~s y~o~ ~diatsly p~ed~g ~ d~t~ of ~s fi~ng offs applica~o~ ~ean convict,d of a ~ d. ~°t ~ i~ie--~a of a p~t is l~ly to ~ a hind~ce to ~e ~ sa~,, x~lfow er ~e ~tcrea of~, ~ople offs Ci~'; ~-t ~s applico-t is lac~g in ~ bac~v-d ~,'-'6~atio~ to act ~- a · ~t ~e a~li~-t bo- ~olated o~y providon of~ ~haptsr or o~, ~1~ o~ro-ee, lax% mis or ~'~afion of --o~r p~b~ agency w~h ~Jate~ ~e opera~o~ of ~--~ags s~abli~sntz or --r~g~ ~ci--~ (0~ 1712 ~ 19~: Or~ 1606 t 17, 1992) 9.06.180 9~ _'it: Outcall massage permitBApplication. An ~ outcall massage permit may be issued only to a Cupertino licensed massage therapist e_~Jy. In addition to thc p¢~'axitting criteria for massage therapist as reqfftred in this Chapter, gectionz 9,06,090~ 9,06,110 :ad 9,06,160, an applicant must provide a list of all businesses and residences where the applicant will be performing ~ outcall massage. The massage therapist must keep the City Manager or his/her designee, advised in writing of changes to said list. (Ord. 1643 (part), 1994) 9.06.190 Off-M~ Outcall massage permit---Criteria. ~ Outcall mossage may be performed only under the following criteria: A. Corporate. _ 1. The massage treatment shall consist of "corporate" massage only as defined in Section 9:06.020. 2. @~:/!e Outcall "corporate" massage clients shall be owners and employees of the business at which the massage therapist will be performing massage. B. Residential. 1. The mo~ge treatment £1'o~1 ¢on~ir~ of"re~idential" ~orp~rat~ moo£age only ~r defined in ~ection 9,06,020, 1. "Residential" massage clients must possess a referral from a licensed chiropractor or physician to the effect that services in a licensed massage establishment is not recommended. A record of every such referral shall be obtained and kept by the person rendering the scrviccs for a period of one year from date of referral. Such record shall show the name and address of the doctor, the date, and the referral number if any. (Ord. 1643 (part), 1994) 9. 06.193 Operating requirements for massage establishments Unless otherwise specified in this Chapter, all massage establishments shall comply with the following operating requirements: (a) Exterior signs. A recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. In addition, the sign shall comply with the City sign ordinance. (3) Posting of massage establishment license, massage therapist permit, and managing employee permit. A copy of the massage establishment license, massage therapist permit(s), and managing employee permit(s), shall be posted in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. Passport size photographs shall be a.~ced to the respective massage therapist permit(s) and managing employee permit(s) on display. (c) Designation of managing employee. If the holder of the massage establishment license does not personally manage the business during all hours of operation, he/she shall designate one or more managing employee(s) who shall be in charge of the operation of the business during his/her absence. If the managing employee(s) will personally provide massages at the business, .he/she must obtain a massage therapist permit. (d) Doors to be unlocked. All doors, except restroom doors, will be kept unlocked at all times during business hours. Doors to all dressing and massage rooms shall be kept unlocked at all times. There shall be no locking devices on the doors to rooms in which massages are performed. (e) Posting of services available and fees. ,4 list of all services available, the price thereof and the length of time each service shall be performed, shall be posted or available in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. No other services, other than those posted, shall be provided. 09 Payment/tips. Payment for massage services, and any tips, shall be paid for at the designated area of the business establishment. (g) Alcohol prohibite~l No alcoholic beverages may be located on the premises of the massage establishment while the business is open for the practice of massage. (h) Maintain written records. Every massage establishment shall keep a written record of the date and hour of each service provided, the name and address of each patron and the service received, and the name of the massage therapist administering the service. Such records shall be open to in.npection only by officials of the City of Cupertino charged with enforcement of this chapter. These records may not be used for any other purpose than as records of service provided and may not be provided to other parties by the massage establishment or service unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years. (Ord. 1712 (part), 1995) (i) Standard of dress for massage establishment employees. The holder of the massage establishment permit, massage therapists, managing employees, and all other employees of the massage establishment shall remain fully clothed in clean outer garments while on the premises of the massage establishment. At a minimum such clothing shall be made of nontransparent material and shall not expose the buttocl~, genital area or breasts of any employee or permit holder at any time. ~) Operating hours. No massage establishment shall be kept open for business and no massage therapist shall administer massages after the hour of 10:00 p.m. or before the hour of 7:00 a.n~ Operating hours may be further restricted by the City Manager pursuant to Section 9. 06. 200. (lc) Mirrors restricted. One full length or small mirror may be mounted vertically to the wall, not less than twenty (20) inches from the floor. (l) Lighting required. Massage establishments will be well-lighted at all times during business hours, l~ooms where massage services are provided will be adequately lighted when occupie& 9.06.196 Massage establishment sanitary conditions/condition of premises. (1) Required maintenance of massage establishment- All premises and facilities of the massage establishment shall be maintained in a clean and sanitary condition and shall be thoroughly cleaned after each day of operatior~ The premises and facilities shall meet applicable code requirements of the city, including but not limited to those related to the safety of structures, adequacy of the plumbing, heating, ventilation, and waterproofing of rooms in which showers, water, or steam baths are use& (2) I, inens. ,dH massage establishments shall provide clean laundered sheets, towels, and other linen in suJ~cient quantity for use by their clients. Such linens shall be laundered after each use and stored in a sanitary manner. No common use of linens or towels shall be permitted. Heavy white paper may be substituted for sheets on massage tables, provided such paper is used only once for each client and is then discarded into a sanitary receptacle. Containers shall be pravided for the storage of all soiled linens. (3) Privacy standards for massage rooms, dressing rooms, and restrooms. Dressing rooms and restrooms may only be used by clients of the same sex at the same time. The massage establishment shah provide doors for all dressing rooms, and massage rooms. Draw drapes, curtain enclosures, or accordion-pleated enclosures are acceptable in lieu of doors for dressing rooms and massage rooms. 9.06.198 Prohibited acts. (1) Touching of sexual and genital parts of client during massage. No holder of a massage establishment license, massage therapist permit, managing employee permit, or any other employee of a massage establishment shall place either his/her hand or hands upon, or touch with any part of his/her body, or with a mechanical device, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual and genital parts shall include the genitals, pubic area, anus, or perineum of any persor~ (2) Uncovering and exposure of sexual and genital parts of client before, during, or after massage. No holder of a massage establishment license, massage therapist permit, managing employee permit, or any other employee of a massage establishment shah uncover and expose the sexual or genital parts of a client or themselves while engaged in the practice of massage, or before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, provided the massage therapist holds a towel, sheet, blanket, or other drape over the client to protect his/her genital and sexual parts from exposure. If the client exposes the genital area, the therapist shall immediately direct the client to cover him/herse~ If the client refuses to comply, the massage therapist shall inform the client that no further massage will be provided and the client will be asked to leave the premises. If the client refuses to leave the premises, the massage therapist must immediately leave the room and notify the managing employee. (3) Outcall massage services. It shall be unlawful for any massage establishment or massage therapist to provide outcall massage services within the City except as described in section 9.06.190. Massage therapists providing outcall massage must comply with all provisions of this chapter. (4) Transfer of massage establishment license, massage therapist permit, managing employee permit. No permit issued pursuant to this chapter shall be transferred or assigned in any matter, whether by authorization of law or otherwise, from any location to location or from person to person, except that a person possessing a massage therapist permit, issued by the City, shall be able to move from one employer to another without filing a new application or paying a new fee, so long as the permit holder notifies the City Manager or his/her designee, in writing, of the change in his/her employment within five (5) days of such change. Failure to make this notification within five (5) days shall be grounds for suspensior~ revocation, or denial of the permit. 9.06~,00 Suspension or Fevocation~Founds. Any license or permit issued under this chapter may bc suspended or revoked by the city Manager for any reason, which would justify the refusal to grant a license or permit originally. (Ord. 1643 (pan), 1994; Ord. 1606 § 18, 1992) 9.06.210 Suspension or revocationwNotice Hearing. The holder of the license or permit shall be given prompt notice of revocation or suspension oft_he license or permit and shall immediately desist from engaging in the activity. The notice shall fix a time and place, not less than five or more than thirty days after service thereof, at which time the holder of the license or permit may appear beforc the City Manager and be granted a hearing upon the merits of such suspension or revocation. If after such hearing the license or permit is ordered revoked, the holder shall have the right to appeal such action to the City Council in accordance with Section ~ 9.06.220 of this chapter. (Ord. 1643 (pm), 1994; Ord. 1606 § 19, 1992) 9.06.220 Appeals. Any person whose license or permit has been denied, suspended or revoked may appeal thc aclmlrlistrativc decision of the City Manager, or designated representative, by filing a written notice of appeal with the City Clerk within five working days after receipt of notice of the decision. Such appeal shall be heard by the City Council, which may affirm, amend or reverse the order, or take other action deemed appropriate. The Clerk shall give written notice of the time and place of the hearing to the appellant and any other person requestin_g notice. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. Any person requesting an appeal shall pay a nonrefundable fee set forth in the Cio;fee schedule at the time of fding the appeal. (Ord. 1643 (part), 1994; Ord. 1606 § 20, 1992) 9,06~0 _~isplay of permit liegnzss~ (Renumbered to Section 9.06.193(b) The owner or Ol:_-ramr Qf moosage est~bli£hrnem shall display a m~.s~ag¢ e£t~bli~hment liee"oe ~'~d the permit fQr ~ach ~ud ~very massage therapist employed in the est~bli£hment, in -n open o"d con£picueuo pla. c~ on the premise£. (Or~k 1712 ($'n~h 199~: Ord, 16~ ~-'t)~ 1994; Ord, 1~06 § 21, 1992) ~,062A0 9.06.230 (Renumbered) Inspection by officials~Premises. Any and all investigating officials of the City of Cupertino shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, p,lumb'mg or health regulations, and to ascertain compliance with the provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 1712 (part), 1995; Ord. 1643 (part), 1994) ~06,245 Inspection by offieialv Rseords. (Renumbered to Section 9.06.~ 95(~)) 9.06.240 (Renumbered) Violation~Public nuisance Violations of any provisions of this chapter constitutes a public nuisance which may be abated pursuant to Chapter 1.09 of the Cupertino Municipal Code. (Ord. 1643 (pan), 1994; Ord. 1606 § 23, 1992) 9,06,260 9.06.250 (Renutnbered) Violation~Penalty. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of the Cupertino Municipal Code. (Ord. 1712 (pan), 1995: Ord. 1643 (pan), 1994; Ord. 1606 § 22, 1992) ~ 9.06.260 (Re#umbered) Continuing violations~Alternative remedies. Nothing in this chapter shall be deemed to prevent the City Council from directing the City Attorney to commence civil action to enjoin the continued violation of any provisions of this chapter or to abate a nuisance, as an alternative, or in conjunction with any other civil or criminal proceedings provided for herein. (Ord. 1643 ~art), 1994; Ord. 1606 § 24, 1992) 9.0&.2.7~ 9.06.270 (Renumbered) Application to existing massage establishments and massage therapist. The provisions of this chapter shall become applicable to massage establishments and persons engaged in the practice of massage which lawfully existed prior to the effective date of the ordinance codified in this chapter. In order to comply with this chapter, each owner of a massage establishment shall comply with the provisions of this chapter within ~;_~, sixty (60) days of the adoption, and each massage therapist must comply within ninety (90) days of adoption. (Ord. 1712 (pan), 1995) City Hall 10300 Tone Avenue _ Cupertino, CA 95014-3255 · Telephone: (408) 777-3223 CITY OF FAX: (408) 777-3366 CUPEILTINO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~-~- Meeting Date: March 19,2001 SUBJECT AND ISSUE Report from the Fine Arts Commission regarding proposed art projects. BACKGROUND The function of the Fine Arts Commission is to foster, encourage, and assist in realizing, preserving, and advancing fine arts for the bencfit of the citizens of Cupertino. In the past, this function has been largely accomplished by awarding fine arts grants to individuals and -.- organizations. The majority of these have been for performing arts. The current year's grants budget is $12,000, awarded in two grant cycles (November and February). The commission also selects a Distinguished Artist of the Year. Other activities have included the introduction of Free Shakespeare in the Park to the community, which has become a popular annual event each summer. The commission created the Annual Sing- Along, which has now developed into a showcase for local singing groups at the annual Euphrat Family Day. The Commission continues to manage the children's art exhibits for the Cherry Blossom Festival each year. FUTURE PROJECTS 1. Four Seasons comer an Both the Fine Arts Commission and the City Council have expressed a strong desire to increase the amount of permanent and rotating public art in the community, including fountains, sculpture, and murals. The sculpture to be placed at the Four Seasons comer (City Center) is the first such project that the commission has worked on, and will be an exciting addition to the new hotel and epa~tment complex at that location. While the commission is ready to proceed, they cannot use Prometheus' land until it is no longer needed for construction staging. Until then, a subcommittee will work with the artist and landscape architect to develop the final plans for the open space, and the final design and fabrication of the artwork. Opening is tentatively set for the summer of 2002. 2. Additional public art Since there is a slrong desire to proceed with other public art projects at this time, the Fine Arts Commission recommends using the $100,000 provided by Apple Computer to purchase commission and install a sculpture at Memorial Park (see Attachment A). This money is an amount paid by Apple as an in-lien fee for the sculpture garden that was removed from their campus. 3. Mural at Quinlan Community Center The children's mural project at the Community Center reflects the Fine Arts Commission's desire to involve students in the creation of permanent art in the community. It includes decorative tiles made by students and a professional mural in a cohesive theme (See Attachment B) 4. Fine arts grants The commission requests a budget increase of $3,000 for fine arts grants, to reflect the cost-of- living increases in the Bay area. The last increase to the grants budget was in 1995 when the budget was increased from $9,000 to $12,000. The Fine Arts Commission will work with planning and Public Works staff to include art and exhibit space in new public buildings such as the library, and will continue to identify other highly-visible locations which would benefit from the addition of public art. R~CO1VDM~NDATION: That the City Council 1. Approve the Fine Arts Commission project list (Four Seasons Comer, children's mural, and Memorial Park sculpture) 2. Authorize the expenditure of the $100,000 Apple art money for Memorial Park sculpture 3. Authorize an increase of $3,000 to the Fine Arts grants budget. Submitted by: Approved for submission: David Knapp City Manager Attachment A ACOUISlTION AND PLACEMENT OF PUBLIC ART A subcommittee of the Fine Arts Commission undm'took a study of city-owned property that would provide excellent visibility and access for the enjoyment of public art. They visited Memorial Park, Linda Vista Park, Three Oaks Park, Jollyman Park, Creekside Park, Wilson Park and Portal Park. The locations that were most Pr°mi.~ing sites, in terms of visibility and pedestrian access, were Memorial Park, Jollyman Park, and Wilson Park. Those three are described in more detail below. In addition to thc parks survey, thc Fine Arts Commission urges that opport~mlties for stand-alone, discreet sculptural objects in public places should be an ongoing consideration in all public and private development. Major projects such as the Cupertino Senior Center (currently under construction) and a new public libra~ would be excellent venues for public art which would be experienced by a large number of people. There may also be additional opport~nlties if the Cupertino Sports Center is rebuilt or improved, as well as thc future Cupertino skate park at Compaq. MEMORIAL PARK: Memorial Park is located at a gateway to the city and is enjoyed by both Cupertino residents and those from neighboring cities. This beautiful location offers many prime locations for the placement of public art. Visual possibilities include: 1. Adding a sculpture to the knoll near the entrance to the Quinlan Community Center, on Stelling Avenue. 2. Adding a sculpture to the lawn area near the picnic grounds, or behind the fountain at the Quinlan Community Center. 3.Creating an entrance to the park along Stevens Creek utili~.ing public art in the form oran arch, a path, sculpture, or other gateway-appropriate sculpture. 4. Hiding the electric/utilitarian boxes and pipes at the comer of Mary Avenue and Stevens Creek Boulevard with a wall or fence type mural, mosaic or other art treatment. 5. Create a safe walking path to Memorial Park from Mary Avenue. This is also an excellent location to display a welcome in the form of public art at the entrance of Cupertino's most attended park. JOLLYMAN PARK: Jollyman Park, with its soccer and baseball fields, two playground areas and picnic facilities, is also popular as a family park. It has two main access areas, one through a neighborhood and the other along Stalling Road. Stellins Road is not as congested as DeAnza Boulevard, and yet serves as a major north-south artery for thc neighborhoods. The visibility of this park' from Stelling Road re_sloes Jollyman a wonderful location. One su~estion for this park would be a non-monumental work on a ~l srassy knoll next to the parking lot and visible from Stelling Road. -- It could be designed to engage passersby to interact with it. Spectators at the soccer games, caregivers watching their children play in the playground and others could sit on or around this art. WILSON PARK: This is a neighborhood park with many interesting features, but access is limited. Thc park includes a fenced area of several baseball diamonds. Near thc entrance to thc park is a clubhouse-type structure with a little sitting area. A large grassy area is surroundcd by smaller areas which contains structures reminiscent of past uses of the park, such as towering pylons and an abandoned dome. The commission envisions something like a sculpture with interesting walking paths and places to sit. Attachment B CHILDREN'S MURAL The Fine Arts Commission desires to promote art in the schools and to involve children in the creation ofpennanent public art. This mural would greatly enhance the children's play area of the Quinlan Community Canter by displaying p~m~anent, original art work from children on decorative wall tiles. There would also be a professionally designed and painted mural on the exterior wall of the building which incorporates th=roes and colors from the tiles. The proposed theme is "friendship, sharing, and community." Total project cost is estimated to be $5,600, and is anticipated to be completed by August 2001. The Euphrat Museum of Art, a regular beneficiary of grant funds from the Commission, is participating in this project through their Arts in Schools program Ms. Diana Argabrite will begin working with students (kindergarten through junior high) this month to create a series of wall tiles. Each student will keep one, and the other win donated to thc city, and will be installed as a part of the mural/tile pwject if is approved by the City Council. LOCATION Thc location is thc pre-school patio area of the Quinlan Community Center. There is a semi-circular wall, with see-through iron gates on each end creating a patio space. A small sandbox with a play structure and awning is located in the center of the patio. The building and semicircular walls are a cream-colored stucco, and the inner side of the semi-circular wall has a horizontal line of 124 plain terracotta tiles about 4 feet high. The child~u's original, glazed tiles will be installed on top of the existing plain tiles, and a complementary mural will be painted on the exterior wall of thc Quinlan center. WALL TILES Students (kindergaxten through junior high) will design; create, glaze, and fire the tiles and the City will pay for installation. Each youth will create two tiles and donate one toward the project. Glazes, clay, kiln, cones, and wash $ 300 Fh'ing $ 150 Assisting teachers, scheduling, etc. $ 450 Teacher salaries covored by Arts in Schools progxam Installation $1,500 Subtotal $2,400 The mural will be created by artist leanine Grundman. Ms. Grundman has painted a number of outdoor murals for other agencies, in particular the Sunnyvale Parks and Recreation Depa~h~ent. She has also completed a series of indoor murals and decorative panels for private clients. The main mural would measure 70 sq. ft. and have either a single or double border frame. It would be painted on thc outside of thc pre-school room using oil-based sign paint and an anti-graffiti coating, which has proven to withstand the elements in even more exposed areas. There would also be two aingle-color surfaces on side walls. Design/paint mail wall: $2,450 Single color side wall 48 sq. ft. $ 35 Single color side wall 24 sq. ft. $ 18 Subtotal $2,503 RECEPTION A reception for thc artist and participants would be held at the conclusion of thc project, at an estimated cost of $700 for invitations and refreshments. The City Channel video crew has been retained to film the "before and after" scenes, and to document the creation of the tiles, mural, and reception. This video can be shown on the City Channel and copies would provided to the participants as a thank-you for their creative efforts. Cily Hall 10300 Torte Avenue Cuperlino, CA 95014-3255 Telephone: (408) 777-3223 CITY OF FAX: (408) 77'/-3366 CUPERTINO www.cupenino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~23 Meeting Date: March 19, 2001 SUBJECT AND ISSUE Designate a council member to serve on the Cupertino-Toyokawa Sister City Committee. BACKGROUND Council meiiiber John Station had been the most recent representative until his resignation this year. The committee meets the third Thursday of each month at 7:30 p.m. at City Hall, with the exception of Augnst and Deceeaber whan the meetings are cancelled. The council representative is not expected to be present at every meeting, but rather to serve as a point of contact for the committee and to represent them at certain events, such as the annual student delegation which will visit City Hall this September. Thc Sister City delegation to Japan occurs on the 5-year anniversary of the group, and the next one will be in 2003. The Council representative may choose to accompany the delegation if their schedule allows. RECOMMENDATION: Appoint a Council member to serve on the Committee. Submitted by: Approved for submission: David Knapp City Manager City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 CITY OF FAX (408) 777-3333 CUPE INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM .~ q AGENDA DATE March 19, 2001 SUBJECT AND ISSUE Ordinance No. [ $ ~ ~t : "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Mnnlcipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop Required At Certain Intersections; Felton Way at the Intersection of Kirwin Lane BACKGROUND Chapter 8, Section 22450(b) of the California Vehicle Code states, "Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where a stop sign would enhance traffic safety. Residents have requcsted a stop sign on Felton Way at Kirwin Lane. Felton Way forms a "T" at Kirwin Lane. Kirwin Lane runs east/west with a midblock stop at Felton Way (see attached map). There is a natural tendency for drivers traveling on Kirwin Lane approaching Felton Way, to expect that drivers on Felton Way will also have a stop. In this case, there can be some confusion to drivers approaching Kirwin Lane or Felton Way. Staff has reviewed this request and has evaluated Felton Way, which fo/ms a "T" intersection, with Kirwin Lane as the main sueet and Felton Way as the approaching street. The stop on Kirwin Lane at Felton Way was "grandfathered" in when this area of Cupertino was annexed from the City of San Jose in 1979. We assume the stop was done to reduce neighborhood traffic. Recent traffic counts were conducted and the traffic collision database was reviewed between 1993-2000. There were no traffic collisions reported for these years. A ~raffic count was conducted with typical neighborhood traffic volumes. The intersection did not meet warrants for a stop. Under typical street desi?; Felton Way would have a stop approaching the main street, Kirwin Lane. It is reasonable for a driver to expect to come to a full stop on Felton Way or to expect a 3-Way or All Way stop at this intersectio~ The Traffic Safety Committee met on March 7, 2004 to discuss this intersection. Staff notified all residents within 300 feet of the proposed stop. All e-mails, phone calls and letters received wer~ in support to the proposed stop. Residents came to the meeting and spoke of the "near misses" and their support of the stop. There h~ve not ~;¢n any residents voicing any opposition to the proposed stop. The proposal will m~ke this intersection a 3-way (all way) stop. The Traffic S~fety Committee is in support of a 3-Way or All Way stop on Felton Way at Kirwin Lane. STAFF RECOMMENDATION Staff recommends that the City Council conduct the first reading of Ordinance No. , establishing an all directional vehicular stop at the intersection of Felton Way and Kirwin Lane. Submitted by: Approved for submission: Ralph A. Quails, Jr. David W. Knapp Director of Public Works City Manager . ........ ~ ..... .__. ........ _ ?'~ ~_ pJeAelnog e:zu~ ~a ,, . ~,.,,,. ~% i~' ..... ~__: .... ' ' ................. ~ ~ ; ~ '~¢ ~,_~.__. ___~ ..... ~.. , ; , ,- ...... ,0 .... :- ~-~ . ~ i ~ ' ~ ' ' ~ " ~ I~ ~ ~~ i L~_ ~- : ~, ' ~,'-'?ff'--~ ~ ~ I ~ , ~ , ~ L I !' ~ , i ; ....... ._ _' I ~ ~ ~ , ~: ' :'' ' ,. iii ' i' i ~---~_x .... ~ .... , i ' - ~ '~ h- i i :* :.--.-.i ' M~ ~--~ ' ' ' ~ ~-t' I : ; l'-' '~ .... i I L__J --, ~ .... ~2-~ '~ ~ ----~ .... I ~ ~ ; ~ .... ........ ~ i ~ I ~ ~ / / I i I i ~ , I j j .......... ~ ~ i~'-' J ~ j, , ,~ . , ~ ....... - iE--~ -' ' ' ~ ~ , i -" ' ~ji J [~ , I I:: ~'' ~ ~_. ~ '~~ -- ~I I~ ' ~ ~ .... ,. . ..... ~ !'-~~ .... F ' ~ ' .) ~ '--- X I ''' ,' [ ''.. ~ L i , i iI !-~ --- I ~ ORDINANCE NO. 1876 AN ORDINANCE OF TH~ CITY COUNCIL OF TH~ CITY OF CUPERTINO AMENDING SECTION 11.20.020 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ESTABLISHMENT OF VEHICULAR STOP AND SECTION 11.20.030, ALL DIKECTIONAL VEHICULAR STOP KEQUIP. ED AT CBRTAIN INTERSECTIONS; FELTON WAY AT THE INTERSECTION OF KIRWIN LANE The City Council of the City of Cupertino does hereby ordain that Section 11.20.020 be amended to include the followinl~: Section 11.20.020 Vehicular Stol~ Required at Certain Intersections. Approaching Streot At Any Entrance Required to Stop Thereof With Felton Way Kirwin Lane INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 19m day of March, 2001 and ENACTED at a regular meeting of the City of Cupertino this day _ of ,2001 by the following vote: Vote Council Membm~ AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CITY OF FAX (408) 777-3333 CUPEI INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE March 19, 2001 SUB$ECT AND ISSUE Report on Status of Lincoln Elementary School, Kennedy Middle School, and Monta Vista High School Traffic Calming Measures Project (Safe Routes to School Program). BACKGROUND At its December 4, 2000 meeting, the City Council adopted Resolution No. 00-291 for an appropriation of $40,000 as local share for grant funds for the Safe Routes to School Program for traffic calming measures for Lincoln Elementary School, Kennedy Middle School, and Monta Vista High School. Thc total project budget is $400,000. Design Agreements On November 1, 2000, the City issued a Request for Consultants to perform traffic engineering services for this Project. Staff received proposals from the consultants on December 7, 2000. They were DKS Associates and Kimley-Hom and Associates. After review of the proposals, staff recommends Kimley-Hom. Staff has negotiated an agreed price of $62,013.00. Monies are available in Account No. 420- 9541. Zumwalt Engineering Group will act as project manager on behalf oftbe City. The Public Contracts Code authorizes the Director of Public Works to execute this agreement. Their scope of work is: Task 1 Pwject Kickoff and Administration Task 2 Data Collection and Draft and Final Traffic Cnlmln~ Plan Task 3 Construction Support Services Task 4 Conceptual Design 1 The schedule requires that design and construction be completed before the start of school year in Fall, 2001. The key milestones for the Project schedule are: April 30, 2001 Request for Bids June 5, 2001 Award construction conUact August 24, 2001 School year start STAFF RECOMMENDATION Staff recommends that the City Council receive the status report on Lincoln Elementary School, Kennedy Middle School, and Monta Vista High School Traffic Calming Measures Project (Safe Routes to School Program). Submitted by: Approved for submission: Ralph A. Quails, .Ir. David W. Knapp Director of Public Works City Manager 2