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CC 03-17-03 CITY OF CUPEI TINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday March 17, 2003 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation declaring March 16-23 as Safe Place Week. 2. Presentation from Cub Scout Pack 453 to Mayor Chang for a donation to the Cupertino Library Campaign. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Approve the minutes from the March 5 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for February 28 and March 7, Resolution Nos. 03~049 and 03-050. March 17, 2003 Cupertino City Council Page 2 5. Adopt a resolution accepting Payroll for March 14, Resolution No. 03-051. 6. Accept the Treasurer's Budget Report - January 2003. Improvement agreement, Republic Properties, 22551, 22561, 22571, and 22581 Ricardo Road, APNs 356-01-051,052, 053, and 054, Resolution No. 03-052. Adopt a resolution setting the date to approve the annexation of area designated "Byrne Avenue 02-08", property located on the west side of Byrne Avenue between Granada Avenue and Hermosa Avenue, approximately 0.41 acre, Perez (APN 357-11-005), Resolution No. 03-053. (Documentation will be distributed before the meeting). Approve a fee waiver request in the amount of $120.00 for the Santa Clara County Chapter of the California Grand Jurors' Association's educational classes given at the Quinlan Center monthly from April through September 2003. 10. Approve a fee waiver request in the amount of $1,305.00 for the Lunar New year Unity Parade Committee's use of various city sites for their March 8, 2003, first annual event. 10a. Make appointments to the Community Development Block Grant (CDBG) Steering Committee. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11. Consider abating a public nuisance (overgrown foliage which obstructs the street and sidewalk) at 7535 Normandy Lane, APN 366-11-151 ,William and Elena Kettler property owners, Resolution 03-054. PLANNING APPLICATIONS 12. Application Nos. U-2002-11 and EA-2002-23; Use Permit to allow the demolition a 7,744 square foot restaurant (former Santa Barbara Grill) and construct a 120-room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard. A Mitigated Negative Declaration is recommended and this item is recommended for approval. UNFINISHED BUSINESS NEW BUSINESS 13. Adopt a resolution supporting the creation of a National Housing Trust Fund, Resolution No. 03-055. March 17, 2003 Cupertino City Council Page 3 14. Discuss midyear budget amendments and policy review: a) b) c) d) Mobile skatepark schedule Fee waiver policy direction Fourth of July policy direction Adopt midyear budget amendments 15. Consider naming opportunities offered in conjunction with the Library/Civic Center fundraising efforts and authorize the Cupertino Library Campaign Committee to seek contributions based on an approved list. 16. Adopt policy on legislative priorities. 17. Set date for a Silicon Valley Animal Control Authority (SVACA) meeting. (No documentation in packet). 18. Select application deadline and interview dates for Teen Commission applications. 19. Conduct the first reading of Ordinance No. 1916: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.08.270 Related to Skateboarding and Roller Skating at the Civic Center Plaza." ORDINANCES 20. Conduct the second reading of Ordinance No. 1914: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.24.170 of the Cupertino Municipal Code Relating to Parking Limitation on Certain Streets, Establishing a 30-Minute Limited Parking Zone on Bonny Drive, Scofield Drive, and Pepper Tree Lane, in the Vicinity of Faria School." STAFF REPORTS 21. Receive interim report on proposal from Council member Sandoval regarding a City policy on Responsible Contracting. 22. Receive a monthly status report on the Cupertino Civic Center and Library Project. COUNCIL REPORTS CLOSED SESSION ADJOURNMENT March 17, 2003 Cupertino City Council Page 4 REDEVELOPMENT AGENCY MEETING Canceled for Iack of business. In compliance with the Americans with Disabih'ties Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oJ the meeting. CU?E INO DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Wednesday, March 5, 2003 PLEDGE OF ALLEGIANCE At 6:00 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, and Deputy City Clerk Grace Johnson. ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Avenue, had comments from the March 4, 2003 joint Planning Commission/City Council meeting regarding the General Plan. His comments included: · Concern about tall buildings being built at the De Anza Boulevard intersection · The need for more parks that aren't schoolyards · Concern about tall houses being built in his neighborhood · Concern about the level of service on roads and if it would change for bicyclists NEW BUSINESS 1. Discuss insurance issue regarding the Lunar New Year Unity Parade. .Councilmemeber Lowenthal reviewed the handout titled, "Summary of Unity Parade Insurance Status, 3/5/03." Administrative Services Director Carol Atwood reviewed the staff report. Council concurred with the staff recommendation to stay with the existing policy and not insure the parade. No action was taken. ADJOURNMENT March 5, 2003 Cupertino City Council Page 2 Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.ore. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. bt compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oJ the meeting. - DRAFT RESOLUTION NO. 03-049 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 FEBRUARY 28, 2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: D~mim~'st~a~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17thday of }.larch ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 02/27/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_da~e beCween "02/24/2003" and "02/28/2003" FUND - 110 - GENEP~ FI/ND CASH ACCT CHECK NO 1020 598289 V 01/03/03 1636 1020 599328 02/28/03 ME2003 1020 599329 02/28/03 M2003 1020 599330 02/28/03 1884 1020 599330 02/28/03 1884 1020 599330 02/28/03 1884 TOTAL CHECK 1020 599331 02/28/03 2319 1020 599332 02/28/03 M2003 1020 599333 02/28/03 2636 1020 599334 02/28/03 2636 1020 599334 02/28/03 2636 TOTAL CHECK 1020 599335 02/28/03 44 1020 599336 02/28/03 M2003 1020 599337 02/28/03 61 1020 599337 02/28/03 61 1020 598337 02/28/03 61 TOTAL CHECK 1020 599338 02/28/03 982 1020 599339 02/28/03 M2003 1020 599340 02/28/03 968 1020 599340 02/28/03 968 1020 599340 02/28/03 968 1020 599340 02/28/03 968 1020 599340 02/28/03 968 TOTAL CHECK 1020 599341 i 02/28/03 M2003 1020 599342 02/28/03 720 i020 599342 02/28/03 720 TOTAL CHECK 1020 599343 02/28/03 M2003 1020 599344 02/28/03 2179 1020 599344 02/28/03 2179 ISSUE DT .............. VENDOR ............. FUND/DEPT ~kIPLE PI~AY VENDING COMP 5706450 ARE, SANDY 1104510 ~LL3~IS GROUP, LLC 110 ALBERTSONS-NORTHERN DIVI 5806349 kLBERTSONS-NORTBERN DIVI 5806349 ALRERTSONS-NORTHEP~N DIVI 1106343 ALL CITY MANAGEMENT SERV 1108201 ;~4ERIC3~N INSTITUTE OF AR 110 ~4ERICA-N PUBLIC WORKS AS 1108001 ~24ERIC~ PUBLIC WORKS AS 1108601 AMERICA2~ PURLIC WORKS AS 1108601 AMERICAN RED CROSS 1104400 ANGEL ISI~D TPJ%M TOURS 5506549 ARTISTIC PLANT CREATIONS 1108501 ARTISTIC PLANT CREATIONS 1108505 ARTISTIC PLANT CREATIONS 1108503 ASPEN PUNLISHERS INC 1101500 BA~SAL, VINOD 110 RAP AUTO PARTS 6308840 RAP AUTO pARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 RAP AUTO PARTS 6308840 ..... DESCRIPTION ...... FY 2002-2003 OPEN PURC NORCAL CONF 2/12-2/14 REFD MAIL NOTICE DPST PRESCROOL SUPPLY 23070 PRESCHOOL SUPPLY 23086 SNACKS 25129 FY 2002-2003 OPEN PURC REFD ENCROACR BOND MBRSHP R.QUALLS 03/04 PUBLICATIONS pUBLICATIONS ADMIN FEES DEPOSIT 6/03 ~IP PLANT CARE FEB2003 PLANT CARE FEB2003 PLJ~NT CARE FEB2003 PROP-RIGHT PROTECT 200 REFD UNUSED PLAN DPST FY 2002-2003 OPEN PURC FY 2002 2003 OPEN PURC FY 2002-2003 OPEN PI/RC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PORC BATTERIES N BULBS 1106265 SUPPLIES 17221 BATTERY SYSTEMS 6308840 SUPPLIES BATTERY SYSTEMS 1108501 SUPPLIES BAY kREA LEGkL 1101500 BIGGS CARDOSA ASSOCIATES 2709430 BIGGS C~DOSA ASSOCIATES 2709430 D.JOHNSON SEMINAR 3/22 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 0.00 O,OO O.O0 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 1 AMOUNT -194.25 305.90 400.00 42.80 8.56 17.91 69.27 300.00 200.00 RLIN DATE 02/27/03 TIME 12:31;11 - FINANCIAL ACCOUA~fING 02/27/03 ACCOUNTING PERIOD: ~CTION CRITERIA: 8/o9 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FL~ transact.%rans_date between "02/24/2003" and "02/28/2003" CASH ACCT CHECK NO TOTAL CHECK 1020 599345 02/28/03 1272 RENS BOORS~{A 5605349 1020 599346 02/28/03 1083 BROUSSASD INSLrR~CE SERV 1101500 1020 599347 02/28/03 2895 1020 599347 02/28/03 2895 TOTAL CHECK BROWING-FERRIS INDUSTRIE 5208003 BROWING-FERRIS INDUSTRIE 5208003 1020 599348 02/28/03 1066 BROWNING-FERRIS IS~DUSTRI 5208003 1020 599349 02/28/03 2682 1020 599349 02/28/03 2682 1020 599349 02/28/03 2682 TOTAL CHECK CALIFORNIA CAD SOLUTIONS 6109853 CALIFOR/gIA CkD SOLUTIONS 6104800 CALIFO~IA CAS SOLUTIONS 6104800 02/28/03 2896 C~IFOP~NIA CUSTOM 1103300 1020 599351 02/28/03 2232 1020 599351 02/28/03 2232 TOTAL CHECK 599352 02/28/03 148 1020 599352 02/28/03 148 1020 599352 02/29/03 148 1020 599352 02/28/03 148 1020 599352 02/28/03 149 1020 599352 02/28/03 148 TOTAL CRECK C-ARIAGA, LOURDES 110 CARIAGA, LOURDES 110 1108314 1108303 2708405 6308840 1108501 1108312 1020 599353 02/28/03 149 C~$ 1020 599353 02/28/03 149 CASH 1020 599353 02/28/03 149 CASH 1020 599353 02/28/03 149 CASH 1020 599353 02/28/03 149 CASH 1020 599359 02/28/03 149 CASH TOTAL CHECK 1104400 1107301 1181090 1101200 1020 599354 02/28/03 1057 1020 599354 02/28/03 1057 TOTAL CHECK ~ CERIDIAR BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 1020 599355 02/28/03 1156 CHA 110 1020 599356 02/28/03 M CHIEN, LISA 580 1020 599357 02/28/03 M2003 CHILDRESS, RICH3%RD 110 1020 599358 02/28/03 1333 CLASS SOFTWASE SOLUTIONS 5506549 ..... DESCRIPTION ...... SALES TAX DJ DANCE 9/20/02 PROF LIABILITY INS[IR. L~FILL VOL JAN2003 L3~NDFILL VOL DEC2002 RECYCLA~LES JAN2003 MAPGUIDE CUSTOM MAPPIN QUOTE #600456 QUOTE #600456 SILKSCREEN CHARGES CSGAR/~S~T SSGAP~NS~T PETTY CASH 2/11-2/20 PEq~fy CASH 2/11-2/20 PETTY CASH 2/11-2/20 PET~ CASH 2/11-2/20 PETTy CASS 2/13-2/26 PETTY CASH 2/13-2/26 PETTY C~H 2/13-2/26 PETTY CASH 2/13-2/26 PETTY C~H 2/13-2/26 PETTY CASH 2/13-2/26 *FLEX DEP/240125 *FLEX HLTH/240125 CEA Refund: Check - SPRING REFD UNUSED LEGAL DPST SUPPLIES 16029 0.00 O.OO 0.0O 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.o0 0.00 0.00 0.00 0.00 ?~GE 2 ~OUNT 757.87 350.00 18722.16 122910.88 134726.00 257636.88 391.15 15268.00 1047.32 227.68 16543.00 590.00 306.50 103.84 410.34 2.31 11.89 90.00 31.30 22.80 2.40 160.69 35.11 10.91 36.00 40.31 2.44 45.59 170.36 349.94 517.87 867.81 144.85 900.00 168.45 471.00 RUN DATE 02/27/03 TIME 12:31:12 - FINASCIAL ACCOUNTING 02/27/03 CITY OF CUPERTINO PAGE 3 ACCObTNTING PERIOD: 8/03 CNECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/24/2003" and "02/28/2003" FUND - 110 - GENEPJ%L Fl/ND CASH ACCT CHECK NO 1020 599359 1020 599359 TOTAL CHECK 1020 599360 02/28/03 183 1020 599360 02/28/03 183 1020 599360 02/28/03 183 1020 599360 02/28/03 183 1020 599360 02/28/03 183 1020 599360 02/28/03 183 TOTAL URECK COTTON SHIRES & ASSO INC COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 1107301 1020 599361 02/28/03 1130 THE COURT WORKS 1108303 1020 599362 02/28/03 M2003 CPRS DISTRICT IV 1106300 1020 599363 02/28/03 197 CTC FI/NDING, LLC 1101500 1020 599364 02/26/03 191 CUPERTINO C}{~24BER OF COM 1101000 1020 599365 02/28/03 191 CUPERTINO C~LAblBER OF COM 2204011 1020 599366 02/28/03 191 CUPERTINO C~L~ER OF COM 1101200 1020 599367 02/28/03 M2003 CUPERTINO LIBP~Y FOtSNDA 780 1020 599368 02/28/03 2891 DAJ~I~S MIDWEST CO. 1106360 1020 599369 02/28/03 2893 DAVID R FOX 1~ COMPANY 5609112 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1028 599370 ~ 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 1020 599370 02/28/03 209 DE ANZA SERVICES INC 1108503 DE A~ZA SERVICES INC 5708510 DE A~ZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108502 DE A~ZA SERVICES INC 1108503 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 1108303 DE ANZA SERVICES INC 1108302 DE ANZA SERVICES INC 1108315 DE ;%NZA SERVICES INC 1108504 DE ;%NZA SERVICES INC 1108501 DE /~NZA SERVICES INC 1108314 DE AiNZA SERVICES INC 1108506 DE ANZA SERVICES INC 1108407 DE ANZA SERVICES INC 1108504 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108505 DE AIqZA SERVICES INC 1108508 DE ANZA SERVICES INC 5606620 DE ANZA SERVICES INC 5606640 DE ANZA SERVICES INC 1108504 ..... DESCRIPTION ...... PHYSICAL/BODENE DMV PHYSICA~/POLITO R#20077 RFD GEOLOGIC PROFESSIONAL SERV J~UN0 PROFESSIONAL SERV JAN0 PROFESSION~J~ SERV JAN0 R#21162 RFD GEOLOGIC R#21162 RFD GEOLOGIC TENNIS NETS STRAPS POS HA-gEL,LEWIS BRKFST 3/0 LEASE AGREEMENT FOR OF N.YEAR LUNCH/QUALLS TLT EXPENSES STAR AWARDS 3/15 K~APP DONATION /LIBRARY CMPG BROCIqIIRE P~ACKS 17211 SERVICE AGREEMENT FOR S~L~MPOO CARPETS/SERV C J~kNITORI;kL FEB2003 JANITORIAL FEB2003 JANITORIAL FEB2003 JD.NITORIAL FEB2003 JANITORIAL FEB2003 JA/~ITORIAL FEB2003 JA/gITORIAL FEB2003 J;kNITORIAL FEB2003 FLOORS/Q.CENTER SOAP DISPENSERS/C.HALL JNNITORIfUL FEB2003 J~kNITORIAL FEB2003 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 228.00 55.00 283.00 183.50 150.00 1085.75 1645.50 327.50 45.00 3437.25 1896.98 40.00 4569.00 35.00 20.57 5720. O0 296.91 2970.00 135.00 2697.30 1385,66 1649.17 1988.75 2852.65 1479.42 739.71 739.71 315.00 146.58 4438.26 343.41 1004.89 6182.68 2685.20 3500.12 140.13 446.18 446.19 30 RUN DATE 02/27/03 TIME 12:31:13 - FINANCIAL ACCOUNTING 02/27/03 ACCOUNTING PERIOD: -- qCTION CRITERIA: CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND transact.trans~da~e between "02/24/2003" and "02/28/2003" FUND - 110 - GENERAL FI/ND CAS~ ACCT CHECK NO TOTAL CHECK 1020 599371 02/28/03 676 DEPARTMENT OF J~JSTICE 1104510 1020 599372 02/28/03 2795 DEVCON ASSOCIATES XVI 4239222 1020 599373 02/28/03 1242 1020 599373 02/28/03 1242 1020 599373 02/28/03 1242 1020 599373 02/28/03 1242 1020 599373 02/28/03 1242 TOTAL CHECK DIGITAL PRINT IMPRESSION 1101000 DIGITAL PRINT IMPRESSION 1107302 DIGITAL PRINT IMPRESSION 1104100 DIGITAL PRINT IMPRESSION 1101000 DIGITAL PRINT IMPRESSION 5606620 1020 599374 02/28/03 220 DISCOUNT SCNOOL SUPPLY 5806349 i020 599374 02/28/03 220 DISCOUNT SCHOOL SUPPLY 5806349 1020 599374 02/28/03 220 DISCOU1TT SCHOOL SUPPLY 5806349 TOTAL CHECK 1020 599375 02/28/03 242 EMPLOY~NT DEVEL DEPT 110 1020 599376 02/28/03 243 EMPLOYMENT DEVELOPMENT 110 599377 02/28/03 M2003 EXCEL CO~94ERCIAL CORP 110 1020 599378 02/28/03 M FANG, PEILUR 580 1020 599379 02/28/03 260 1020 599379 02/28/03 260 TOTAL CRECK FEDERJ%L EXPRESS CORP 1104510 FEDER3%L EXPRESS CORP 1108501 1020 599380 02/28/03 2558 FEET FIRST ENTERTAINMENT 5806349 1020 599381 02/28/03 2361 FIRST B~%NKCAJlD 1101200 1020 599382 02/28/03 2361 FIRST BANKCARD 1108504 1020 599382 02/28/03 2361 FIRST BANKC3%RD 1108505 TOTAL CHECK 1020 599383 02/28/03 2361 FIRST BANKCARD 1108508 1020 599383 02/28/03 2361 FIRST BJ%NKCARD 1108509 1020 599383 02/28/03 2361 FIRST BANKCAR/D 1108503 1020 599384 02/28/03 2361 FIRST BA~NKC~2~D 5606640 1020 599384 02/28/03 2361 FIRST BA/~KC~D 6104800 1020 599384 02/28/03 2361 FIRST BA/~KCARD 6104800 1020 599384 02/28/03 2361 FIRST BTtNKCAJlD 1104000 TOTAL CHECK 1020 599385 02/26/03 2361 FIRST BANKCARD 1108502 *--' 599385 02/26/03 2361 FIRST BANKCARD 1108501 .... DESCRIPTION ...... SALES TAX 0.00 PAGE 4 AMOUNT 33616.01 FINGERPRINTS JAN2003 0.00 32 . 00 M;JICH2003 RENT 0.00 16180.00 B.CARDS/M.CFLANG 0.00 340.16 B.CA~DS/P.GILLI 0.00 66.79 plIR ORDERS (50-500) 0.00 1168.14 B.CARDS/LOWENTIiAL 0.00 242.32 B.CARDS/J.STONE 0.00 82.48 0.00 1899.89 0.00 0.00 0.00 0.00 PRESCHOOL SUPPLIES 170 PRESCHOOL SUPPLY 17071 PRESCHOOL SUPPLIES 170 SIT/932-0014-5 0.00 SDI/776 5260-0 0.00 REFDI/NUSED DEPOSIT 0.00 Refund: Check - WINTER 0.00 COURIER SERVICE 0.00 COURIER SERVICE 0.00 0.00 MIDDLE SCHOOL DANCE DOUBLE TREE HOTEL STATE,lENT FEB2003 STATEMENT FEB2003 42.00 37.78 58.17 137.95 17033.63 907.32 400.00 26.25 20.64 10.87 31.51 0.00 380.00 0.00 331.94 0.00 41.73 0.00 20.73 0.00 62.46 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 STATEMENT FEB2003 0.00 29.74 0.00 83.56 0.00 85.66 0.00 19B.98 0.00 45.95 0.00 172.74 0.00 594.50 0.00 55.90 0.00 869.09 0.00 34.58 0.00 27.26 RIJN DATE 02/27/03 TIME 12:31:14 ' FIN~CIAL ACCOSTING 02/27/03 CITY OF CUPERTINO ACCOL~NTING PERIOD: 8/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/24/2003" and "02/28/2003" FLr~ - 110 - GENEHAL FUND CASH ACCT CEECK NO TOTAL CHECK ISSUE DT .............. VE~rDOR ........... FUNqD/DEPT 1020 599386 02/28/03 2361 FIRST BANKC3kED 1104300 1020 599386 02/28/03 2361 FIRST B;~NKC3%RD 2204011 1020 599386 02/28/03 2361 FIRST BA/~KC~%RD 1101201 1020 599386 02/28/03 2361 FIRST B]~NKC~kRD 1101201 1020 599386 02/28/03 2361 FIRST B/~NKCARD 1101000 TOTAL CHECK 1020 599387 1020 599388 1020 599398 TOT~J~ CHECK 1020 599389 1020 599390 1020 599390 TOT~-L CHECK 02/28/03 2361 FIRST BANKCI~RD 2159620 02/28/03 2361 FIRST B~NKCARD 1108505 02/28/03 2361 FIRST BANKC~d{D 1108506 02/28/03 262 02/28/03 268 02/28/03 268 FIRST PLACE INC 1104300 FOSTER EROS SECURITY SYS 1108504 FOSTER EROS SECTJRITY SYS 1108508 1020 599391 02/28/03 274 FRY'S ELECTRONICS 1108315 1020 599392 02/28/03 281 G~qDENLSkND 1108408 1020 599393 02/28/03 292 GOLFI~USA 5806349 1020 599394 02/28/03 325 DANIEL HEDDEN 1106500 1020 599395 02/28/03 1235 HIG}{~K LIFE INSLq~CE 110 1020 599395 02/28/03 1235 HZG}{~L%}{K LIFE INSL~CE 6414570 TOTAL CHECK 1020 599396 1020 599397 1020 599397 TOTAL CHECK 02/28/03 2612 RONALD HOGL~E 5506549 02/28/03 1951 EOMESTEAD F.F.C. INC 5806349 02/28/03 1951 HOMESTEAD F.F.C. INC 5806349 1020 599398 02/28/03 1898 AUTO~[ATIC P~AIN CO. 1108314 1020 599398 02/28/03 1898 AUTOMATIC RAIN CO. 1108407 1020 599399 02/28/03 M 1020 599400 02/28/03 343 1020 599401 02/28/03 2892 1020 599402 02/28/03 M2003 HUY~q4, N;~2~I 580 IC~ RETIREMENT TRUST-45 110 INGERSOLL-P~ COMF~ 6308840 INSTIT~E FOR 1107200 DESCRIPTION ...... SALES TAX 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEE2003 STATEMENT 0.00 FEB2003 STATEMENT 0,00 FEB2003 STATEMENT 0.00 0.00 STATEMENT FEB2003 0.00 STATEMEN'F FEB2003 0.00 STATEMENT FE82055 0.00 0.00 NAMEPLATES 17125 0.00 SUPPLIES 0.00 SUPPLIES 0.00 0,00 SUPPLIES 8789 0.00 SUPPLIES 8788 0.00 MINA~E GOLF 2/19 O.OO SERVICE AGREEMENT FOR 0.00 LIFE / ~.D & D ~2003 0.O0 LTD ~2003 0.00 0.00 SERVICE AGREEMENT FOR 0.00 GRP BOWLING 2/20 17530 0.00 GRP BOWLING 2/19 17526 0.00 0,00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC O.0O O.O0 Refund: Check - SPRING 0.00 *ICMA 0.00 REPAIR/COMPRESSOR 8770 0.00 CA INCLUSION~J{Y EOUSIN 0.00 PAGE 5 61.84 73.32 183.80 37.87 916.54 100.00 58.73 22,24 55.39 27.90 83.29 438,32 223.50 187.50 9395,11 7181.86 16576.97 260.00 180.00 105.00 285.00 190.29 4.51 194.80 189.00 6369.62 402.03 20.00 RUN DATE 02/27/03 TIME 12:31:14 - FINkNCIAL ACCOUNTING 02/27/03 ACCOUNTING PERIOD: -- ~CTION CRITERIA: 8/03 CITY OF ~VJPERTINO CHECK REGISTER - DISBORSEMENT FUND ~ransact.trans_date between "02/24/2003" and "02/28/2003" FU~ID - 110 - GENER3%L FI/ND C~H ACCT C~4ECK NO 1020 599403 1020 599404 I020 599405 1020 599405 1020 599405 TOTAL CHECK 1020 599406 1020 599407 1020 599408 1020 599409 1020 599410 1020 599411 1020 599412 599413 1020 599414 1020 599415 1020 599415 TOTAL CHECK 1020 599416 1020 599417 1020 599418 1020 599419 ISSUE DT ............ VENDOR ............. FLrND/DEPT 02/28/03 2455 02/28/03 M2003 02/28/03 2374 02/28/03 2374 02/28/03 2374 INTEGRATED INFO. SYSTEMS 6109858 ITE 1108601 JII PROMOTIONS, INC. 1108501 JII PROMOTIONS, INC. 1101000 JII PROMOTIONS, INC. 1103300 02/28/03 1437 THE JUNGLE 5806349 02/28/03 M Y~A, EUI 580 02/28/03 2882 ROBERT A. KIM 5609112 02/28/03 M KIM, TAE SOON 580 02/28/03 M }GRISN/qAMURTRY, NAGAP. AJ~N 580 02/28/03 382 KWIK-KOPY PRINTING 5506549 02/28/03 385 L~ SAFETY SUPPLY 6308840 02/28/03 1226 I~S' END CORPORATE S~%L 1101000 02/28/03 1356 LEXISNEXIS MATTHEW BEb~DE 1101500 02/28/03 2357 LIGHTHOUSE 6308840 02/28/03 2357 LIGHTHOUSE 6308840 02/28/03 M2003 LIN, JASON I10 02/28/03 M2003 LRS ARCHITECTS 110 02/28/03 1599 ~L~NAGED HE~LTH NETWORK I 1104510 02/28/03 ME2003 ~ING, COLLEEN 5806349 02/28/03 1968 MAZE AND ~qSOCIATES 1104000 02/28/03 1175 MCHHORTER & YOLING 1101201 02/28/03 1175 MCWHORTER & YOLrNG 1101201 02/28/03 1175 MCWHORTER & YOCHG 1101201 02/28/03 M2003 METRO PCS 02/28/03 444 MINTON'S LURER 02/28/03 2567 MISDU 1108501 PAGE 6 ..... DESCRIPTION ...... SALES TAX ;%MO[INT CITY CODE EN%LANCEMENTS 0.00 50.00 BOOKS (5) 0.00 225.50 SUPPLIES 0.00 1241.86 BOOKENDS 0.00 817.24 400 T-SHIRTS 0.00 881.97 0.00 2941.07 JITNGLE 2/21 O.OO 265.19 Refund: Check - SPRING 0.00 132.00 VIDEOS 0.00 300.00 Refund: Check - SPRING 0.~0 %68.00 Refund: Check - WINTER 0.00 80.00 MA-R2003 NEWS LETTER 0.00 1201.58 SUPPLIES 8561 0.00 287.60 LOGO CLOTHING 0.00 163.68 RENWL CA DEER ADV~NCE 0.00 202.87 SUPPLIES 8749 0.00 278.98 RE~R3Rlq P.0.8749 0.00 -171.04 0.00 107.94 REFD ARCHITECT DPST 0.00 215.0~ REFD ARCHITECT DEPOSIT 0.00 133.27 MAR2003 EMP ASSIST PRG 0.00 933.00 PRESCHOOL SUPPLIES 0.00 123.08 SNGL ALrDIT ACT REPORT 0.00 500.00 OFFICE SUPPLIES 7466 0,00 91.75 OFFICE SUPPLIES 7466 6.00 96.92 OFFICE SUPPLIES 7466 0.00 191.25 0.00 379.92 REFD MAILING DPST 0.00 86.63 PARTS/SUPPLIES 24114 0.00 22.58 J TRYBUS 385960533 0.00 223.00 RL~N DATE 02/27/03 TIME 12:31:15 02/27/03 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 8/03 CHECK REGISTER - DISBURSEMENT FLTND SELECTION CRITERIA: transact.trans_date between "02/24/2003" and "02/28/2003" FUND - 110 - GENERAL FU~D CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FI/ND/DEPT 1020 599425 02/28/03 M McCue, Mary 550 1020 599426 02/28/03 475 NATIONAL CONSTRUCTION RE 1108314 02/28/03 302 NATIONAL DEFERRED COMPEN 110 1020 599428 02/28/03 2193 NATIONAL NOTARY ASSOCIAT 1104300 1020 599429 02/28/03 2639 NOVA PARTNERS INC 4269212 1020 599429 02/28/03 2639 NOVA PARTNERS INC 4239222 TOTAL CHECK 1020 599430 02/28/03 493 OFFICE DEPOT 5806249 1020 599430 02/28/03 493 OFFICE DEPOT 1104510 1020 599430 02/28/03 493 OFFICE DEPOT 1104510 1020 599430 02/28/03 493 OFFICE DEPOT 1103300 1020 599430 02/28/03 493 OFFICE DEPOT 1181201 1020 599430 02/28/03 493 OFFICE DEPOT 1101000 1020 599430 02/28/03 493 OFFICE DEPOT 5806249 1020 599430 02/28/03 493 OFFICE DEPOT 1108601 1020 599430 82/28/03 493 OFFICE DEPOT 1104510 1020 599430 02/28/03 493 OFFICE DEPOT 1104100 1020 599430 02/28/03 493 OFFICE DEPOT 1104200 1020 599430 03/28/03 493 OFFICE DEPOT 1108601 1020 599430 02/28/03 493 OFFICE DEPOT 5806249 1020 599430 02/28/03 493 OFFICE DEPOT 1107503 1020 589430 02/28/03 493 OFFICE DEPOT 1107405 TOTAL CHECK 1020 599431 02/28/03 2241 ONE WORKPLACE 1108101 1020 599431 02/28/03 2241 ONE WORKPLACE 1107200 1020 599431 02/28/03 2241 ONE WORKPLACE 1108501 1020 599431 02/28/03 2241 ONE WORKPLACE 1107501 TOTAL CHECK 1020 599432 82/28/03 501 OPEP. ATING ENGINEERS #3 i10 1020 599433 02/28/03 833 P E R S 110 1020 599433 02/28/03 833 P E R S 110 1020 599433 02/28/03 833 P E R S 110 1020 599433 r 02/28/03 833 P E R S 110 1020 599433 02/28/03 833 P E R S 110 1020 599433 02/28/03 833 P E R S 110 TOTAL CHECK I020 599434 02/28/03 M PAK, SECHONG 580 1020 599435 02/28/03 533 PERS LONG TERM CT~E FROG 110 1020 599436 02/28/03 560 PUBLIC DIALOGIIE CONSORTI 1102402 ..... DESCRIPTION ...... SALES TAX Refund: Check - Cancel 0.00 RENTAL 2/13-3/12/PORTA 0.00 *NAT'L DEF 0.00 MEStBERSHP P~L K.SMITE 0.00 SERVICE AGREEMENT FOR PIIBLIC WORKS CONTRg{CT 0.00 0.00 0.00 AMOUNT 350.00 91.63 17580.23 39.00 2361.90 39000.00 41361.90 OFFICE SUPPLIES 0.00 443.95 OFFICE SUPPLIES 0.00 524.82 OFFICE SUPPLIES 0.00 123.02 OFFICE SUPPLIES 0.00 30.27 OFFICE SUPPLIES 0.00 123.70 OFFICE SUPPLIES 0.00 7.56 OFFICE SUPPLIES 0.00 34.62 KEF #195290281-001 0.00 -64.94 COFFEE SUPPLIES 0.00 46.26 TONER/7O% 0.00 2~ TONER/30% 0.00 11 OFFICE SUPPLIES 0.00 76.41 OFFICE SUPPLIES 0.00 4.97 OFFICE SUPPLIES 0.00 31.39 OFFICE SUPPLIES 0.00 25.95 0.00 1780.03 0.00 5000.00 0.00 2000.00 0.00 1000.00 0.00 1300.50 0.00 9300.50 REMODEL/BLDG OFFICIAL REMODEL/BLDG OFFICIAL REMODEL/BLDG OFFICIAL REMODEL/BLDG OFFICIAL *PERS BYBK PERS 1959 PERS EMPLY PERS SPEC *PERS BYEK PERS BUYBK O.O0 601.02 0.00 180.14 0.00 119.04 0.00 25489.36 0.00 97.17 0.00 462.65 0.00 37.52 O.00 26385.88 Refund: Check - SPRING 0.00 189.00 PERS LTC/~2405 0.00 159.24 COPS & TEENS FINAL INV 0.00 21~ ~ RI/N DATE 02/27/03 TIME 12:31:16 - FINARCIAL ACCOSTING 02/27/03 CITY OF CqJPERTINO PAGE ACCOUNTING PERIOD: 8/03 CHECE REGISTER - DISBURSEMENT FUND -- ECTION CRITERIA: transact.trans_date between "02/24/2003" and '~02/28/2003" CASH ACCT CHECK NO 1020 599437 02/28/03 M 1020 599438 02/28/03 2802 1020 599439 02/28/03 M 1020 599440 02/28/03 1406 1020 599440 02/28/03 1406 1020 599440 02/28/03 1406 TOTTtL CHECK 1020 599441 02/26/83 2462 1020 599441 02/28/03 2482 1020 599441 02/28/03 2482 TOTAJL CHECK 1020 599442 02/28/03 602 1020 599442 02/28/03 602 TOTkL CHECK 1020 599443 02/28/03 M 599444 02/28/03 2289 1020 599445 02/28/03 258 1020 599446 02/28/03 M2003 1020 599447 02/28/03 633 1020 599448 02/28/03 M 1020 599449 02/28/03 1648 1020 599450 02/28/03 644 1020 599451 02/28/03 M 1020 599452 02/28/03 M2003 1020 599453 02/28/03 M2003 1020 599454 02/28/83 2016 1020 599455 02/28/03 1548 1020 599456 02/28/03 891 1020 599457 02/28/03 677 Peterson, Gordon A. 558 QUT~TIIM DESIGN 6109869 Quadro, Chris 550 ~%INES CHEVORLET 6308840 P, AINES CHEVORLET 6308840 RAINES CHEVORLET 6308840 ROBERT }tkLF TEC}RYOLOGY 6104800 ROBERT HALF TECHNOLOGY 6104800 ROBERT FIALF TECUNOLOGY 6104800 ROYAL COACH TOI/RS 5506549 ROY~LL COACH ToLrRs 5506549 S Dee, Shun 550 SANTA CLAJlA COUNTY 1104400 SA~NTA CLAR~ COUNTY 110 SA~TrA CI~ COLr~Y 1104400 SA~NTA CLARA COL~NTy SNERI 1106343 SATHYA~d~YANA, pAJRI~ 580 SAVIN CORPOP~TION {SUPPL 1104310 SCREEN DESIGNS 5806349 SHEN. PEGGY 580 SHERATON CHICAGO HOTEL 1106500 SRERATON CHICAGO TOWERS 1106500 SIEMENS BUILDING TEC~OL 1108504 SOLJkNO PRESS BOOF~ 1101500 JO~ SPITSEN 5506549 STATE STREET BA~NK & TRUS 110 ..... DESCRIPTION ...... SALES TAX AMOUNT Refund: Check - SFO Ai 0.00 55.00 WEB HOSTING FEB2003 0.00 1500.00 Refund: Check - cancel 0.00 750.00 FY 2002-2003 OPEN PURC 0.00 44.57 FY 2002 2003 OPEN PI/RC 0.00 16.26 FY 2002-2003 OPEN pIIRC 0.00 42.34 0.00 103.17 J.SEVERANCE W/E 1/31 0.00 1008.00 J,SEVER3%NCE W/E 2/14 0.00 1008.00 J,SEVEPJkNCE W/E 2/07 0.00 1008.00 0.00 3024.00 LETS FLY AWAY 2/12 0.00 520.32 UNION SQUARE 2/02 0.00 634.47 0.00 1154.79 Refund: Check - Deposi 0.00 750.00 COM~3NICATION SYSTEMS 0.00 108.00 V ORTEOA 563312780 0.00 352.62 EMA DI/ES M.HOVEY 0.00 50.00 HS DANCE 1/31 0.00 1015.62 Refund: Check - WINTER 0.00 85.00 SUPPLIES/SAVIN 25105 0.00 197.39 T-SHIRTS/WINTER WONDER 0.00 362.64 Refund: Check - WINTER 0.00 36.00 ~A/NCOA CONF (SHER~TO 0.00 767.53 ASA/NCOA CONF 3/11-18 0.00 767.53 SUPPLIES 0.00 142.65 C~3RTIN'S CA LJ%W 0.00 54.71 REFRESHMENTS 1/9 0.00 90.50 *PERS DEF 0.0O 3115.93 RUN DATE 02/27/03 TIME 12:31:16 - FINAMCIAL ACCO~ING 02/27/03 CITY OF C~JPRRTINO ACCOLINTING PERIOD: 8/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/24/2003" and "02/28/2003" FUND - 110 - GENEPJ%L FUifD CA~SH ACCT CHECK NO 1020 599458 1020 599459 1020 599459 TOTAL CRECK 1020 599460 1020 599461 1020 599462 I020 599463 1020 599463 1020 599463 TOTAL CHECK 1020 599464 1020 599465 1020 599466 1020 559467 1020 599468 1020 599468 TOT/AL CHECK 1020 599469 1020 599470 1020 599471 1020 5~9472 1020 599473 1020 599474 1020 599475 1020 599476 1020 599477 1020 599478 1020 599479 iSSUE DT .............. VEN~DOR ............. FUSrD/DEPT 02/28/03 2513 N3%RTHA MARIA STEINER 5506549 02/28/03 1883 SU~GARD PENTAMATIGN INC. 1107501 02/28/03 1883 S~/NG~d~D PENTAJ4ATION INC. 1107501 02/28/03 2045 02/28/03 2045 02/28/03 696 02/28/03 700 02/28/03 700 02/28/03 700 SVCN 1104300 SVCN 5208093 TAPCO SUPPLY 1108503 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIA~LTY PRODUCT 1108303 TARGET SPECIJ~LTy PRODUCT 1108312 02/28/03 701 02/28/03 2545 02/28/03 1077 02/28/03 1993 02/28/03 2781 02/28/03 2781 TARGET STORES 5806349 TICKETEASY 5506549 TOPCON LASERS SYSTEMS 1108101 TREASURER OF k~EDA COU i10 ~J~ TSUGAWA 1104400 A.L TSUGAWA 1104400 02/28/03 M 02/28/03 2670 02/28/03 2638 02/28/03 1154 02/28/03 2584 02/28/03 M2003 02/28/03 765 02/28/03 779 02/28/03 774 02/28/03 2786 02/28/03 M2003 TSUY~OTO~ N3%RI/~N 580 U S TRAFFIC CORP 1108602 UNISOURCE MAINTENANCE SU 1108501 UNITED ~AY OF SA/TTA CLJLR 110 ~3NIVERSA.L DIALOG, INC. 1103300 WANG, ROGER 110 DR CMI-RSUI D WENG 5806449 WEST-LITE SUPPLY CO INC 1108504 WESTERN HIGNWAY PRODUCTS 2708405 ..... DESCRIPTION ...... SERVICE AGREEMENT FOR HOTERL REGISIP~TION (2 CONF REGISTRATION (2) FY 2002~2003 OPEN PURC COMPOST WRKSEP 2/19 PA~RTS/SUPPLIES FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PGRC PRESCHOOL SUPPLIES 230 "LET'S FLY AWAY" SUPPLIES 17313 A LOPEZ JR 566398126 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR Refund: Check WINTER LED COUNT DOWN PED HEA SUPPLIES ONITED WAY TP~SLATION 1/17-1/30/ REFD UNUSED FENCE EXCP SERVICE AGREEMENT FOR SUPPLIES FY 2002-2003 OPEN PURC SERVICE AGREEMENT FOR SUPPLIES PAGE 9 SALES T~D( ~34OUNT 0.00 399.00 0.00 500.00 0.00 1190.00 0.00 1690.00 0.00 60.00 0.00 252.00 0.O0 78.15 0.00 2023.73 O.O0 2445.95 O.00 1197.98 0.00 5667.66 0,00 26.08 0.00 1237.50 0.00 16.11 0.00 25. 0.00 400.00 0.00 400.00 0.00 800.00 0.00 40.00 0.00 757.75 0.00 237.07 0,00 122.10 0,00 770.85 0.00 200,00 0.00 384,00 0.00 124.34 0.00 819.67 0.00 300.00 0.00 194.25 R~/N DATE 02/27/03 TIME 12:31;17 ACCOUNTING PERIOD: qCTION CRITERIA: 8/03 CITY OF C"JPERTINO CHECK REGISTER - DISBURSEMENT pUbrD transact.trans_date between "D2/24/2003" and "02/28/2003" CkSH ACCT CHECK NO 1020 599480 1020 599480 1020 599480 TOTAL CHECK 1020 599481 1020 599482 I020 599488 TOT~J~ CASH ACCOUNT TOTAL FLUID TOTAL REPORT ISSUE DT .............. VENDOR ............. FUND/DEPT 02/28/03 799 03/28/03 799 02/28/03 799 ZANKER ROAXD LJ%NDFILL 5208003 ZA~NKER ROAD L~FILL 5208003 ZA~}CER ROAD LJINDFILL 5208003 02/25/03 M ZAYED, NANCY 580 02/28/03 M ZHONG, LEFA2~ 580 02/28/03 M ZND, JANE 580 PAGE 10 ..... DESCRIPTION ...... SALES T~J{ AMOUNT COMPOST DELIVERY OCT02 0.00 100.00 YARDWA~TE J~2003 0.00 17840.97 Y~DWASTE DEC2002 0.00 19088.17 0.00 37029.14 Refund: Check - SPRING 0.00 378.00 Refund: Check - SPRING 0.00 189.00 Refund: Check - WINTER 0.o0 40.00 O.O0 602027.26 O.O0 602027.26 0.00 602027.26 RUN DATE 02/27/03 TIME 12:31:17 DRAFT RESOLUTION NO. 03-050 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 07, 2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th.day of March ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ACCOUNTINC PERIOD: 9/03 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FLrND ~ransact.trans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599332 V 92/28/03 M2009 1020 599484 03/07/03 2110 1020 599485 03/07/83 13 1020 599486 83/07/03 2885 1020 599487 03/07/03 1680 1020 599488 03/07/03 2898 ISSU~ DT .............. VENDOR ............. FUND/DEPT AMERICAN INSTITUTE OF kR 110 ABC BACKFLOW TESTING REP 1108312 ACME & SONS SA/qITATION C 5606640 ADANAC FIRE PROTECTION, 1108505 /~¥A~NTAGE GR3%FIX 1104400 AIA SANTA CI2~RA VALLEY 1108101 AIR FILTER CONTROL INC 1108504 AIRGAS NCN 1108314 ALO}{A POOL MAINTEN~-NCE I 5708810 ANGELA CHEN 1101070 ARA~K 1104510 BAP AUTO P~TS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 JO ANN BAR~EY 5806249 BAY AREA PAREbTf 5806249 BAY AREA PARENT 5806449 BAY ~EA PARENT 5806349 BMI IMAGING SYSTEMS 1104300 BROWN, LES 110 CALIFOR/~IA PUBLIC EMPLOY 1104510 C3%LIFORNIA PUBLIC EMPLOY 1104510 CALIFOP~NIA PUBLIC EMPLOY 110 03/07/03 132 C~IFOR/~IA WATER SERVICE 1108407 ..... DESCRIPTION ...... S~LES TAR AMOUNT REFD ENCROACH BOND 0.00 -500.00 BACKFLOW CLE~N/CERT 0.00 125.00 FY 2002-2003 OPEN PURC 0.00 168.83 SPRINKLER SYS REPAIR 0.00 400.00 FIRST AID BA~NI~ER 0.00 194.95 HANYd~OOKS 0.00 248.56 FREIGHT UBRGS 0.00 78.75 FY 2002-2003 OPEN PLrRC 0.00 85.23 FEB2003 MAINTEN~NCE 0.00 367.80 S.DIEGO CONF 3/20-22 0.00 139.00 EMPLOYEE COFFRE SERV 0.00 278.95 REFD ARCHITECT DPST 0.00 111.34 FY 2002-2003 OPEN PL~C 0.00 57.62 FY 2002-2003 OPEN PURC 0.00 38.84 FY 2002 2003 OPEN PI3RC 0.00 109.13 PART RETL~ 0.00 0.00 184.83 SERVICE AGREEMENT FOR 0.00 138.00 RFD APPLICATION FEE 0.00 1283.00 RFD APPLICATION FEE 0.00 400.00 0.00 1683.00 B.AREA PARENT SEMINAR 0.00 200.00 B.AREA PARENT SEMINAR 0.00 200.00 B.AREA PARENT SEMINAR 0.00 654.00 RUN DATE 03/06/03 TIME 11:10:48 - FINANCIAL ACCOUNTING 03/06/83 CITY OF CUPERTINO ACCOUNTING PERIOD: 9/03 CHECK REGISTER - DISBURSEMENT FI/ND SELECTION CRITERIA: transact.tran$_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599502 03/97/03 132 1020 599502 03/07/03 132 1020 599502 03/07/83 132 1020 599802 03/07/09 132 TOTAL CNECK 1020 599503 03/07/03 1460 1020 599503 03/07/03 1460 TOTAL CRECK 1020 599504 03/0?/03 146 1020 599504 03/07/03 146 TOTkL CHECK 1020 599585 03/07/03 149 1020 599505 03/07/03 149 1020 599505 03/07/03 149 1020 599505 03/07/03 149 1020 599514 03/07/03 183 1020' 599514 03/07/03 183 TOTAL CHECK 1020 599515 03/07/83 2899 1020 599516 03/07/03 1058 ISSUE DT .............. VENDOR ............. FDlVD/DEPT CALIFORNIA WATER SERVICE 1108407 CALIFORNIA WATER SERVICE 1108314 CALIFORNIA WATER SERVICE 1108506 CA~LIFOP~NIA WATER SERVICE 1108314 TONI C~ARREIRO 1101065 TONI CARREIRO 5606620 5806349 CENTP~AL WHOLESALE ~K3RSER 1108407 CERIDIAN BENEFITS SERVIC 110 C~LES M SD~LTER ASSOCIA 4239222 CHI CHIEN SHING 110 CHUCK CARR 1101070 CHUNG, MICHELLE 580 CMRTA 1104280 COLONIA~L LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 COTTON SHIRES & ASSO INC 110 COTTON SEIRES & ASSO INC 110 CPRS DISTRICT IV 1106200 CUPERTINO CO~417NITY SERV 1107405 ..... DESCRIPTION ...... SALES TAX PAGE 2 AMOUNT SERVICE TO 1/28/03 0.00 -15.46 SERVICE TO 1/28/03 0,00 -61.85 SERVICE TO 1/28/03 0.00 13.71 SERVICE TO 1/26/03 0.00 54.86 0.00 1542.34 TEEN WEBSITE UPDATES 0.00 342.55 WEESITE C~L~NGES 0.00 1109.55 0.00 1452.10 PETTY C~H 2/11-2/24 0.08 178.89 PETTY CASH 2/11-2/2% 8.00 20.00 0.00 196.99 PETTY CASH 2/10-3/04 0.00 33.70 PETTY CASH 2/10-3/04 0.0O 4.99 PETTY CASH 2/10-3/04 0.00 42.30 L~DSCAPE SUPPLY 8806 0.00 221.91 EES2003 kDMIN FEES 0.00 54.00 SERVICE AGREEMENT FOR 0.00 2000.72 REFD DESIGN RE~ APP 0.00 94.09 S.DIEG0 CONF 3/20-22 0.00 138.00 Refund: Check - R~urn 0.00 300.00 MTG 3/7 T.MA0 0.00 25.00 PREMIUM 3/1-3/15 0.00 601.50 2/1-2/15 PREMIUM 0.00 601.50 0.00 1203.00 REFD GEOLOGIC CHRGS 0.00 150.00 REFD GEOLIGIC CHRGS 0.00 150.00 0.00 300,00 RUN DATE 03/06/03 TIME 11:10:48 - FINANCIAL ACCOL~NTING o3/o6/o3 ACCOLrNTING PERIOD: 9/03 CITY OF CUPERTINO CHECK REGISTER - DISBLTRSEMENT FLr~ transact.trans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599516 1020 599516 TOTkL CHECK ISSI3E DT .............. VENDOR ............. FLTND/DEPT 03/07/03 1058 CI3PERTINO CON~4L~ITY SERV 2607404 03/07/03 1058 CUPERTINO CON~4UNITY SERV 1107405 1020 599517 03/07/03 198 1020 599517 03/07/03 198 1020 599517 03/07/03 198 1020 599517 03/07/03 198 1020 599517 03/07/03 198 1020 599517 03/07/03 198 1020 599517 03/07/03 198 TOTAL CMECK CUPERTINO UNION SCML DIS 5806349 CUPERTINO UNION SCHL DIS 2308004 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION ECML DIS 5806349 CUPERTINO UNION SCML DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 1020 599518 03/07/03 211 1020 599518 03/07/03 211 1020 599518 03/07/03 211 TOTAL CMECK 1020 599519 03/07/03 1242 1020 599519 03/07/03 1242 1020 599519 03/07/03 1242 1020 599519 03/07/03 1242 599519 03/07/03 1242 ~ CHECK DELTA DENTAL PLAN OF CA 110 DELTA DENT~-L PLAN OF CA 110 DELTA DENT~ PLaN OF CA 110 DIGITkL PRINT'IMPRESSION 5506549 DIGIT~kL PRINT IMPRESSION 5506549 DIGITAL PRINT IMPRESSION 1107200 DISIT~kL PRINT IMPRESSION 1104200 DIGITAL PRINT IMPRESSION 1104530 1020 599520 03/07/03 1956 DISPENSING /ECRNOLOGY 2708404 1020 599520 03/07/03 1958 DISPENSING TECUNOL(~Y 2708404 TOTAL CMECK 1020 599521 03/07/03 222 DKS ASSOCIATES 4209535 1020 599521 03/07/03 222 DKS ASSOCIATES 4209535 TOTAL CMECK 1020 599522 03/07/03 223 DON & MIKE'S SWEEPING IN 2308004 1020 599523 03/07/03 M2003 DR. LOUIS PRUSA, DDS 110 1020 599524 03/07/03 228 DUBAY'S TIRE SERVICE INC 6308840 1020 599525 03/07/03 233 ECONOMIC DRIVING SCM00L 5806249 1020 599526 r 03/07/03 2762 ELEVATOR SERVICE CO., IN 5606660 1020 599527 03/07/03 248 ERIK'S DELI CAFE 2204011 1020 599528 03/07/03 261 FEHR & PEERS ASSOC INC 1108601 1020 599528 03/07/03 261 FEMR & PEERS ASSOC INC 1108601 TOTAL CMECK 1020 599529 03/07/03 2870 FER~A CORPOP~TION 1108101 ..... DESCRIPTION ...... ROTATING SHELTER ROTATING SMELTER BUSES FOR SU~ER PRGM CREEK TRIP BUSES FOR SOS~IER PRGM BUSES FOR SUPPER PRGM BUSES FOR SU~ER PRGM BUSES FOR SU~ER PRGM BUSES FOR SU~ER PRGM CEA 1539-003 OE3 1539-002 UlkrREP 1539-001 B.CARDS/T.M0 B.CARDS/M.ROFFMAN B.CARDS/T.MAO PJ~RTS/SUPPLIES 8786 PkRTS/SUPPLIES 8786 SERVICE AGREEMENT FOR SERVICE AGP~EMENT FOR PAGE 3 AMOUNT 0.00 5376.00 0.00 874.00 0.00 18750.00 0.00 3548.67 0.00 150.23 0.00 2403.53 0.00 2956.13 0.00 8460.56 0.00 4271.40 0.00 3527.82 0.00 '14259.78 0.00 242.32 0.00 57.21 0.00 134.07 0~00 57.21 0.00 57.21 0.00 54B.02 0.00 140.91 0.00 197.39 0.00 338.30 FY 2002-2003 OPEN PURC 0.00 11031.09 REFD PL;~ING DPST 0.00 200.00 REPAIRS 8807 0.00 475.63 SERVICE AGREEMENT FOR 0.00 5070.00 REPAIR/ELEVATOR 0.00 505.82 BOX LI/NCMES 0.00 231.43 TRAFFIC STaY FOR VILL 0.00 3136.69 TRAFFIC S/~3DY FOR VILL 0.00 8646.99 0.00 11783.68 PUBLIC WORKS CONTRACT 0.00 30377.68 RUN DATE 03/06/03 TIME 11:10:49 - FINANCIAL ACCODI~TING 03/06/03 CITY OF CUPERTINO PAGE 4 ACC0~rNTING PERIOD: 9/03 CHECK REGISTER - DISBLrRSEMENT FLrND SELECTION CRITERIA: transact.frans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599530 ISSUE DT .............. VENDOR ............. FUND/DEPT 03/07/03 2469 FEERELL, CAROL 1104100 1020 599531 1020 599531 TOTAL CHECK 03/07/03 2304 03/07/03 2304 FIELD PAOLI ARCMITECTURE 4269212 FIELD PAOLI ARCHITECTURE 4269212 1020 599532 03/07/03 1255 FIRST AUTOMOTIVE DISTRIB 6308840 1020 599533 03/07/03 2361 FIRST B~NKC~D 1101000 1020 599534 03/07/03 2361 FIRST H~%NKCARD 5506549 1020 599534 03/07/03 2361 FIRST B~NKCAP~ 1106500 TOTAL CEECK 1020 599535 03/07/03 2361 FIRST B~NKCARD 1101065 1020 599535 03/07/03 2361 FIRST B~NKC~.Pd3 1101065 1020 599535 03/07/03 2361 FIRST BANKCARD 5706450 1020 599535 03/07/03 2361 FIRST BANKCARD 5806349 1020 599535 03/07/03 2361 FIRST B~NKCARD 5806449 1020 599535 03/07/03 2361 FIRST B;INKCARD 1106200 1020 599535 03/07/03 2361 FIRST B~NKCARD 5806349 1020 599535 03/07/03 2361 FIRST BANKCARD 1106647 1020 599535 03/07/03 2361 FIRST BANKC~lP~D 5806349 TOTAL CHECK 1020 599536 03/07/03 2361 FIRST B~X.NKCARD 5806649 1020 599536 03/07/03 2361 FIRST B;~NKCARD 5606620 1020 599536 03/07/03 2361 FIRST BANKC~RD 5606680 TOTAL CHECK 1020 599537 03/07/03 1938 FLORENTINE RESTAUR3%NT GR 1101000 1020 599538 03/07/03 2843 FOLGER GRAPHIC INC 1103400 1020 599539 03/07/03 M FUJII, ;tLISON 580 1020 59954D 03/07/03 2719 GCS SERVICE, INC. 1108505 1020 599541 03/07/03 2812 GENEP~AL BIArDING CORP 1107405 1020 1020 1020 TOTAL CHECK 599542 03/07/03 M2003 GILBERT WONG 1101070 599543 03/07/03 298 GR3IINGER INC 1108501 599543 03/07/03 296 GRAINGER INC 4239222 1020 599544 03/07/03 2546 GTM pLLU~BING 4209216 1020 599544 03/07/03 2546 GTM PLUMBING 6308840 TOTAL CHECK 1020 599545 03/07/03 318 I4~S ON LEA~ING 5606349 ..... DESCRIPTION ...... SALES CSMFO CONF 2/23-24 PI/BLIC WORKS CONTP~ACT PUELIC WORKS CONTPJ%CT 0.00 0.00 0.00 0.00 .a~MOUNT 313.49 7571.48 2783.00 10354.48 FY 2002-2003 OPEN pLrRC 0.00 125.98 FEB2003 STATEMENT 0.00 204.97 FEB2003 STATEMENT 0.00 47.80 FEB2003 STATEMENT 0.00 1935.00 0.00 1982.80 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB2003 STATEMENT 0.00 FEB20O3 STATEMENT 0.00 FEB2003 STATEMENT 0.00 0.00 I38.73 19.95 433.54 120.00 478.75 755.50 266.25 49.80 29 255 STATEMENT FEB2003 0.00 463.33 STATEMENT FEB2003 0.00 324.22 STATEMENT FEB2003 0.00 572.62 CITY COUNCIL MEAL 0.00 112.85 BID REQUEST ~2gD PRINT 0.00 3044.07 Refund: Check - WINTER 0.00 89.B5 REPAIRS 0.00 632.88 SUPPLIES 0.00 24.10 S.DIEGO CONF 3/20-22 0,00 136.00 FY 2002-2003 OPEN PLrRC 0.00 182.52 CABLE PROTECTOR 0.00 1370.19 0.00 1552.71 LJ%BOR/MATERIALS 0.00 950.00 i~OR/MATERIALS 0.00 500.00 O.OO 1450.00 SCIENCE KITS FOR SPRIN O.O0 24P RUN DATE 03/06/03 TIME 11:10:49 - FIN;kNCIAL ACCOUNTING o3/o6/o3 ACCOUNTING PERIOD: -- 9CTION CRITERIA: 8/03 CITY OF CUPERTINO C~SCK REGISTER - DISBITRSEMENT FO/VD transact.~rans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599546 03/07/03 1951 1020 599547 03/07/03 M 1020 599548 03/07/03 2181 1020 599549 03/07/03 M2003 1020 599550 03/07/03 710 1020 599551 03/07/03 M2003 1020 599552 03/07/03 373 1020 599553 03/07/03 377 1020 599554 03/07/09 386 1020 599554 03/07/03 386 TOTAL CHECK 1020 599555 03/07/03 392 599556 03/07/03 396 1020 599557 03/07/03 810 1020 599558 03/07/03 400 1020 599559 03/07/03 M2003 1020 599560 03/07/03 1175 1020 599561 03/07/03 M2003 1020 599562 03/07/03 2157 1020 599563 03/07/03 2888 1020 599564 03/07/03 M2003 1020 599565 ~ 03/07/03 456 1020 599566 03/07/03 M2003 1020 599567 03/07/03 M2003 1020 599568 03/07/03 M2003 1020 599569 03/07/03 965 '--' 599569 03/07/03 965 HOMESTEAD F.F.C. INC 1106343 HSIEH, PETER 560 IMSA:INT'L MUNICIPAL SIG 1108602 INNOVATIVE DESIGN 110 KA~REN TOOMBS 5806249 KEVIN SU 2204011 KIRK XPEDX 1104310 PETER KOEHLER 5806249 MICH3%EL LA~ 110 MICHAEL LAMB 5806649 LEAGUE OF CkLIFORNIA CIT 1101500 PHILLIP M LENIH3%N 5806449 JERRY LEW 2204010 LIFETIME TE[~NIS INC 5706450 LORMAN EDUCATION SERVICE 1107503 MCWHORTER & YOUNG 5609112 MEIR STAT~ 110 SUM3%KO MINAT0 5806349 MITY-LITE, INC. 1106360 MOH3%NUTT;~RWkR 110 MONARCH TRUCK CENTER 6308840 NATIONAL BUSINESS INSTIT 1101500 NEW UP~A~ NEWS 1107200 NOMJ~NBHOY, S~J~BBIR 110 NORTH COAST MEDICAL 1107301 NORTH COAST MEDICAL 1107301 ..... DESCRIPTION ...... SALES TAX LEADERS 2/19 17531 Eefund: Check - SPRING TR3%FFIC SIG LEVEL I REFD USE PER~IT DPST SERVICE AGREEMENT FOR TLT REI~3URSE 3/01 FY 2002-2003 OPEN PURC SERVICE AGREEMENT FOR FRANCHISE TAX BO~qD MAGIC OF SCIENCE CONF NAPA C.KILIAN SERVICE AGREEMENT FOR 2/20 DIVERSITY CLASS INSTRUCTION 2/3-3/1 SEMINAR 4/16 (3) SUPPLIES 23090 REFD MAILING DPST BOOKS FOR CLASS 37 MITY TUFF C~IRS FO REFD NOTICE/GEOLG DPT PARTS/SUPPLIES 8766 SEMINAR 6/06 MURRAY SUBSCRIPT N.URBAN NEW REFD PLYING DPST SUPPLIES SUPPLIES PAGE 5 AMOUNT 0.00 40.00 0.00 95.08 0.00 72.00 0.00 308.93 0.00 5585.00 0.00 32.35 0.00 455.72 0.00 97.50 0.00 -50.00 0.00 200,00 0.00 150.00 0.00 375.00 RUN DATE 03/06/03 TIME 11:10:49 - FINANCIAL ACCOUNTING 03/06/03 CITY OF CUPERTINO PAGE 6 ACCOI/NTING PERIOD: 9/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO TOTAL CHECK 1020 599570 03/07/03 M2003 NPH 1107405 1020 599571 03/07/03 2576 O.C.JONES ~ SONS, INC 2709430 1020 599572 03/07/03 493 OFFICE DEPOT 1104300 1020 599572 03/07/03 493 OFFICE DEPOT 1104300 1020 599572 03/07/03 493 OFFICE DEPOT 1108201 1020 599572 03/07/03 493 OFFICE DEPOT 1108601 1020 599572 03/07/03 493 OFFICE DEPOT 1104400 1020 599572 03/07/03 493 OFFICE DEPOT 1108201 1020 599572 03/07/03 493 OFFICE DEPOT 1104510 1020 599572 03/07/03 493 OFFICE DEPOT 1107405 1020 599572 03/07/03 493 OFFICE DEPOT 1104300 1020 599572 03/07/03 493 OFFICE DEPOT 1108201 TOTAL CHECK 1020 599573 03/07/03 494 OFFICE DEPOT CREDIT pLAiN 1101500 1020 599573 03/07/03 494 OFFICE DEPOT CREDIT PLAIN 1101500 1020 599573 03/07/03 494 OFFICE DEPOT CREDIT PLAN 1101500 TOTAL CHECK 1020 599574 03/07/03 507 DA/~ OSBORNE DBA:OSBSP, NE 4209216 1020 599574 03/07/03 507 DA~ OSBORNE DBA:OSBORNE 6308840 1020 599574 03/07/03 507 DA~ OSBOP~NE DBA:OSBORNE 1108503 TOTAL CHECK 1020 599575 03/07/03 2692 PACIFIC BELL 6104800 1020 599578 03/07/03 511 PACIFIC BELL 1020 599579 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1029 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 811 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 i 03/07/03 521 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599576 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC BELL 1020 599578 03/07/03 511 PACIFIC SELL WORLDCOM 1101000 WORLDCOM 1102100 WORLDCOM 1101500 WORLDCOM 1104300 WORLDCOM 1103300 WORLDCOM 1103500 WORLDCOM 1104000 WORLDCOM 1104100 WORLDCOM 1104200 WORLDCOM 1104510 WORLDCOM 1106647 WORLDCOM 1104530 WOELDCOM 1104400 WORLDCOM 1106100 WORLDCOM 1106265 WORLDCOM 1106529 WORLDCOM 1106500 WORLDCOM 1107200 WORLDCOM 1107301 WORLDCOM 1107302 WORLDCOM 1107501 ..... DESCRIPTION ...... NPH MBRSSP RNWL V.GIL PI/BLIC WORKS CONTRACT OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COFFEE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES TIME/~4ATERIALS TIME/MATERIALS TIME/MATERIALS 2/20-3/19 TELEPHONE SERV J~N2003 TELEPHONE SEEV JA~200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 TELEPHONE SERV JA~200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 TELEPHONE SERV JA/~200 TSLEPHONE SERV JAN200 TELEPHONE SER¥ JAN200 TELEPHONE SEEV JAN200 TELEPHONE SERV J]~/q200 TELEPHONE SERV J/~N200 TELEPHONE SERV JAIN200 TELEPHONE SERV JAN200 TELEPHONE SERV JAxN200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 TELEPHONE SERV JAN200 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0,00 O.O0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0O O.OO 0.00 0.00 0.00 0.00 MOUNT 623.00 300.00 129672.18 8.65 41.19 187.21 162.99 175.08 25.50 19.95 94.13 64.94 149.34 8.03 160.67 318.04 34 325.00 660.00 1333.46 90.89 140.09 308.20 237.54 56.04 84.05 84.05 84.05 196.12 84.05 84.05 448.28 28.02 336.21 84.05 252.18 56.04 RUN DATE 03/06/03 TIME 11:10:49 FINANCIAL ACCOUNTING 03/06/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 9/03 CHECK REGISTER ' DISBLrRSEMENT Fl/ND -- qCTiON CRITERIA: tranmact.trans_date between "03/03/2003" and "03/07/2003" FHArD - 110 - GENEPOkL FI/~rD CASH ACCT CHECK NO 1020 599578 83/07/03 511 1028 599578 03/07/03 511 1028 599578 83/07/03 511 1020 599578 03/07/83 511 1020 599578 03/07/03 511 1020 599578 03/07/03 811 1020 599878 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 559578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599878 03/07/03 511 1020 599578 03/07/03 511 q 599578 03/07/03 511 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 1020 599578 03/07/03 511 TOTkL CHECK PACIFIC BELL'WORLDCOM PACIFIC EELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL'WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM PACIFIC BELL/WORLDCOM 1101200 1107502 1108504 1107503 1108001 1108101 1108102 1106265 1108501 1108503 1108507 5606620 5706450 1020 599579 03/07/03 2444 PACIFIC GAS & ELECTRIC 1108830 1020 599580 03/07/03 513 PACIFIC GAS & ELECTRIC ( 1108506 1020 599581 03/07/03 515 PACIFIC WEST SECURITY IN 1108504 1020 599582 03/07/03 526 PENINSUI~ DIGITA~ I~%AGIN 110 1020 599583 03/07/03 2900 PENT'UN 6109850 1020 599583 03/07/03 2900 PENTASLrN 1104108 1028 599583 r 03/07/03 2900 PENTASUN 1104510 1020 599583 03/07/03 2900 PENTASLrN 1104200 TOT~J~ CHECK 1020 599584 03/07/03 1748 STEVE PIASECKI 1107200 1020 599585 03/07/03 545 JEFF PISEHCHIO 5606640 1020 599586 03/07/03 1456 PITNEY BOWES INC 1104310 ~--~ 599586 03/07/03 1486 PIINEY BOWES INC 1104310 PAGE 7 DESCRIPTION ...... SALES TAX AMOURT TELEPHONE SERV JAN200 0.00 84.05 TELEPHONE SERV JAN20O 0.00 28.02 TELEPHONE SERV JAN200 0.O0 112.07 TELEPHONE SERV J;2q2O0 0.00 112.07 TELEPHONE SERV JAN200 0.00 140.09 TELEPHONE SERV JAN200 0.00 258.86 1/23-2/21 0.00 21794.03 1/29-2/27 0.00 7.09 SERV CIkLL 2/6 0.00 27.06 IMPROVEMENT PIJkNS 0.00 120.37 COGNO TP. AININO 2/19-2/ 0.00 1349.23 COGNC THAINING 2/19-2/ 0.00 1226.57 COGNO TRAINING 2/19-2/ 0.00 1226.57 COGNO TtlAINING 2/19-2/ 0.00 613.28 0.00 4415.65 S.DIEGO CONF 3/20-22 0.00 138.00 BBF GOLF CONCESSIONAIR 0.00 1899.00 FY 2002-2083 OPEN PURC 0.00 491.00 FY 2002-2003 OPEN PURC O.00 743.00 RIJN DATE 03/06/03 TIME 11:10:49 - FINkNCIAL ACCOLR~TING 03/06/03 CI~f OF CUPERTINO ACCOUNTING PERIOD: 9/03 CHECK REGISTER - DISBI/RSEMENT FUND SELECTION CRITERIA: transact~tran$_da~e between "03/03/2003" and "03/07/2003" FL/ND - 110 - GENEP~L FI/ND CASE ACCT CHECK NO 1020 599586 TOTAL CHECK ISSUE DT .............. VENDOR ............. FI/ND/DEPT 03/07/03 1456 PITNEY BOWES INC 1104310 1020 599587 03/07/03 1929 1020 599588 03/07/03 1647 1020 599589 03/07/03 2529 1020 599590 03/07/03 1247 1020 599591 03/07/03 2380 1020 599592 03/07/03 1406 1020 599592 83/07/03 1406 TOT~tL CHECK 1020 599593 03/07/03 944 1020 599595 03/07/03 2043 1020 599595 03/07/03 2043 1020 599595 03/07/03 2043 1020 599595 03/07/03 2043 TOTAL CHECK 1020 599596 1020 599597 1020 599598 1020 599599 1020 599600 1020 599601 1020 599601 1020 599601 1020 599601 TOTAL CHECK 03/07/03 2112 03/07/03 1873 03/07/03 626 03/07/03 2875 03/07/03 1548 03/07/03 2661 03/07/03 2661 03/07/03 2661 03/07/03 2661 1020 599602 03/07/03 2549 PL/~NNING RESODRCE A. SSOCI 1107302 POSTMASTER 1103400 PREMIER WORLD TOLrRS 5506549 ~C~RIE PRESTON 5609112 PL~C}{ASE POWER 1104310 RAINES C/4EVORLET 6308840 RAINES CHEVORLET 6308840 RE~DtBILITATION RESODRCES 1104510 ROBERT WEAVER 1108601 RUDE'S PEST ~IANAGEMENT 1108506 RUDE'S PEST M~AGEMENT 1108503 RUDE'S PEST ~NAGEMENT 1106501 RUDE'S PEST M3~NAGEMENT 1108504 5806449 SA~NTA CL~ C~ FIRE DE 1104400 SANTA CI~ CO DEPT OF R 1102100 SAVIN CREDIT CORP 1104310 SOI~O PRESS BOOKS 1107301 SPOT WATER ~%NAGEMENT 5606640 SPOT WATER MANAGEMENT 5609105 SPOT WATER MANAGEMENT 5606640 SPOT WATER MANAGEMENT 5606640 STATE OF C31LIFOP~NIA 110 1020 599603 03/07/03 2045 1020 599603 03/07/03 2045 1020 599603 03/07/03 2045 1020 599603 03/07/03 2045 1020 599603 03/07/03 2045 1020 599603 03/07/03 2045 SVCN 1104300 SVCN 1104300 SVCN 1104300 SVCN 1104300 SVCN 1104300 EVCN 1104300 PAGE 8 ..... DESCRIPTION ...... SALES TAX AMOUNT FY 2002-2003 OPEN PURC 0.00 269.00 RUN DATE 03/06/03 TIME 11:10:50 - FINANCIAL ACCOUNTING 03/06/03 ACCOUNTING PERIOD: CITY OF C~JPERTI~O transact.trans_date between "03/03/2003" and "03/07/2003" FUD - 110 - GENEP~ FUND CASE ACCT CEECK NO 1020 599603 TOTAL CHECK ISSUE DT .............. VENDOR ............. F[/ND/DEPT 03/07/03 2045 SVCN 1104300 1080 599604 03/07/03 2045 SVCN 5208003 1020 599605 03/07/03 695 1020 599605 03/07/03 695 1020 599605 03/07/03 695 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5606640 1020 599606 03/07/03 M2003 TAGHI S~J~DATI 1101070 1106265 1020 599607 03/07/03 699 TAP PLASTICS INC 1020 1020 1020 TOTkL CHECK 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 599608 03/07/03 700 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108315 TARGET SPECIALTY PRODUCT 1108302 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108321 TARGET SPECI;ALTY PRODUCT 1108314 T~RGET SPECIALTY PRODUCT 1108315 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108312 T~GET SPECIALTY PRODUCT 1108314 1020 599609 03/07/03 700 TARGET SPECI~tLTY PRODUCT 5606620 1020 599610 03/07/03 1564 TEACHERS' HELPER 5806349 1020 599611 03/07/03 M2003 TSA, SOUTHEP~ C~IFORNIA 1108602 1020 599612 03/07/03 1737 US POSTAL SERVICE 1103400 1020 599613 03/07/03 510 VERIZON WIRELESS 1108501 1020 599614 03/07/03 310 VERIZON WIRELESS 1102403 1020 599615 03/07/03 750 VISION SERVICE PLA/q (CA) 110 1020 599616 03/07/03 M lrJU, LYNN MA-NG 590 1020 599617 03/07/03 M2003 HALL STREET JOL~AL 1104000 1020 599618 03/07/03 18 W~STE ORG~NIZATION A/DONA 1108005 1020 599619 03/07/03 775 ~-- 599619 03/07/03 775 WESTERN PACIFIC SIGN;iL L 1108602 WESTERxN PACIFIC SIGNAL L 1108602 ..... DESCRIPTION FY 2002-2003 OPEN PIIRC WORKSHOP 2/25 17342 SUPPLIES COFFEE NEWSLETTER SOCIALS MEMBERSHIP SUPPLIES S.DIEGO CONF 3/20-22 SUPPLIES 16899 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN P~/RC FY 2002-2003 OPEN P~/RC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PL~RC FY 2002-2003 OPEN pLTRC FY 2002-2003 OPEN P~3RC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC PREP COIFRSE P,TER~ADA PRESCHOOL SPLY 85148 WORKSHOP 4/2-4 WOLFE R~TWL BMR PERMIT #326 #309369653 FEB2003 #608881609 FEBS003 VISION BNFTS MAR2003 Refund: Check - WINTER WALLSTREET RNWL ENVIROA~4ENTAL CONSULT REF ~3739 P.0.53103 SUPPLIES P.O.53103 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.O0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.O0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 70.00 330.00 252.00 96.17 46.15 209.25 122.15 395.26 138.00 116.11 229.08 172.34 172.33 829.08 229.08 229.07 172.33 172.33 172.33 209.00 51.93 350.00 i50.00 89.93 72.19 2161.06 55.00 204.59 4614.00 RLrN DATE 03/06/03 TIME 11:10:50 - FINANCIAJ~ ACCOIATTING 03/06/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 9/03 CHECK REGISTER - DISBLrRSEMENT FUND SELECTION CRITERIA: transact.trans_date between "03/03/2003" and "03/07/2003" CASH ACCT CHECK NO 1020 599619 TOTAL C~ECK ISSUE DT .............. VENDOR ............. FUND/DEPT 03/07/03 775 WESTERN PACIFIC SIGNAL L 1108602 1820 599620 03/07/03 1986 1029 599621 03/07/03 1939 1020 599621 03/07/03 1939 1020 599621 03/07/03 1939 TOTAL CHECK 1020 599622 TOTAL CASH ACCOL~NT TOTAL REPORT WESTER~ WINDOW TINTING C 1108501 WINZLER & KELLY CONSNDTI 2709443 WINZLER & KELLY CONSULTI 2709443 WINZLER & KELLY CONSNDTI 2709443 03/07/03 1081 YA~GA~I'S 5U3RSERY 5806649 ..... DESCRIPTION ...... VISOR 12" FULL CIRCLE SUPPLIES PL~ANTS 15624 PAGE 10 RI/N DATE 03/06/03 TIME 11:10:50 - FINANCIAL ACCOUNTING DRAFT RJESOLUTION NUMBER 03-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO ALLOWiNG CERTAiN CLAIMS AND DEMANDS PAYABLE 1N THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON March 14, 2003 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 $ 424,321.80 Less Employee Deductions $( 120,426.61) NET PAYROLL $ 303.895.19 Payroll check numbers issued 66285 through 66519 Void check number(s) CERTIFIED: ~/d4~ ~ ~ D~rector of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of ~larch ,2003, by the £ollowing vote: Vote AYES: NOES: ABSENT: AB STAiN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEP INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. ~9 SUMMARY Meeting Date: March 17, 2003 SUBJECT Monthly Treasurer's and Budget Report - January 2003 BACKGROUND Attached is the Treasurer's and Budget report for the period ended January 31, 2003. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $44.4 million at January 3 l, 2003, with a maturity value of $43.8 million. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Investment earnings rates continued to decline through January, with funds in the Local Agency Investment Fund (LAIF) yielding 2.10% compared to last month's 2.20%, and 3.07% a year ago. The City's portfolio as a whole yielded 3.35% in January; the City continues to invest in callable federal agency notes of short-term duration in order to extend the average length of maturity for a slightly higher yield than experienced by LAIF. Overall, the City's current investment portfolio decreased approximately $700,000 in January, as planned expenditures (including $329,000 for the library project) exceeded incoming revenues. Note that investments have been laddered to maturity dates that will allow for the projected cash flows required for the library project. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends Revenues continue to fall short of prior year receipts and the 2002-03 budget projections. Staff will recommend budget adjustments for three of the City's major revenue categories in its Midyear Report: Sales taxes, reflective of the area economy, are down 9.7% from the 3rd quarter of the previous year, and will fall short of projects by about $1 million; hotel occupancy rates have continued their descent and have fallen 25% from last year, requiring a downward adjustment of $700,000; and utility users tax revenues are down almost 6% ($260,000 adjustment needed.) Partly offsetting these declining revenues for the current fiscal year is the $1.038 premium gained on the issuance of the refinancing bonds in October 2002, along with a reduction in debt service for this and future years. Operating expenditures have increased only 1.6% over last year, but some departmental savings have been identified to decrease budgetary spending. These expenditure adjustments are also explained in detail in the midyear report. RECOMMENDATION: Accept the Treasurer's and Budget report for January 2003. Submitted by: Approved for submission: Deputy Treasurer David W. Knapp City Manager CiF of Cupertino January 2003 I PURCHASE MATURITY DESCRIPTION KEF YIELD COST VALUE VALUE SECURITIES MATURED/CALLED ! I SECURITIES PURCHASED I 01/03/03 i 01/03/06 FNMA© 6k 305% 1,000,000 I 1,000,000 1,000,000 01/28/03 i 07/28/06 FNMA© 6k 3.24%! 1,000,000 1,000,000 1,000,000 01/30/03 [ 01/30/06 FNMA(floater)© 6k i 2.13%i 1,000,000 1,000,000 1,000,000 CASHIi ,I I 01/31/03 Cupertino National Bank I 400,000 400,000 400,000 I 0 I 01/31/03 Greater Bay Trust Company ] 0 0 0I 0 !CA Ii~1 I~ __ 400,000 ![ 400,000 400,000 0 --ICORPOKATE BONDS 0 I 0 0 0 2ORP I I ; 0 0 I 0 0 I LA 01/31/03 grate Pool 6f [, 210% 10,321,859 10,321,859 10,321,859 0 iMONEY MARKET FUNDS 08/01/01 ! 08/01/05 FHLB(P) 6k 5.38% 1,500,000 I 1,500,000 ti 1,527,000 27,000 06/28/02 02/15/04 FH_L_M~C(P) _ ....... 6k .... 2.71% 1,333,413 1,300,000 'r 1,351,145 17,731 06/28/02 04/15/04 FHLMC(P) 6k 2.80% 1,314,374 1,300,000 i 1,335,246 20,872 I 06/28/02 03/~5/04 iFNMA 6k i 2.84%1 1,327,783 1,300,000 1,347,459} 19,677 i 06/28/02 06/15/04 iFNMA '---~-gl~ ] 2.93%i 1,201,105 1,200,000 1,223,572 i 22,466 ', 06/28/02 11/01/04 IFNMA :6k I 3.34%! 683,770 650,000 700,086 ] 16,315 06/28/ffj- -'-~'f/i7~'03 iFNMA ~-- 2.56%I 2,044,501 2,000,000 2,063,074I: 18,573 ~-- 07/15/02 07/15/04 FNMA© !,6k I 3.15°A 2,400,000 2,400,000 2,417,254 17,254- I 1,000,000 i 1,003,436 3,436 01/28/03 07/28/06 FNMA© 6k 3.24~ 1,000,000 ~ 1,000,0_~ 1~-01,582 1,582 02/07/~6- 06/30/03 ITreasury Note ~ ] 5.38%J_ 2,488,697! 2,500,000I 2,542,578i 53,880 i 07/01/0~ 12/31/03 ITre~su~yNot~ 6a , 3.5~'~/---~-,520,8141 2,5o6,o~--- 2,544,530 23,716 us I [ ......... i 44,004,028 I 43,737,755 I 44,438,216 434,188 Total Managed Portfolio I __ Average Yield _ 3.35~A I I X-vT~-a~'E~ength to Maturity (in years) 1.4.~ ] ;,I City of Cupertino Januar, 2003 ~ TRUST & AGENCY PORTFOLIO ' -- ACTIVITY DATE REF ADJUSTED MATURITY MARKET UNREAL1ZEE .... i PURC.~SE I ~TURITY DESCRIPTION Y~ELD COST V~UE WUE PROFIT~OS~ I ..... I .......... 2.02% CERTIFICATES OF DEPOSIT: 07/27/01 I 03/31/~)¥' ~pertinoNatl(KesterTrust) 6b 40,82[ 40,821 i 40,821 0 Traffic Impact Franklin Fiduciary Trust 1.00%! 19,100 19,100 ~ 19,100 0 Total Trust & Agency Portfolio : 59,921 I 59,921 I 59,921 I 0 i BOND RESERVE PORTFOLIO 11/15/02 Lease Payment Fund I~ 0.64%I 1,325,697 1,325,697 1,~,697 (0/ 10/15/02 LAIF Bond Account I 2.10%[ 15,792,0~09__ 15,792,000 15,867,042 --' '~otal Bond Reserve Portfolio ] I ' I 17,117,697 I 17,117,697 17,192,739 [ (0} US Treasury Notes I1% Investments by Type Managed Portfo o Mortgage Obligation 63% 5 00% 450% 4.00% 3.50% 300% 2.50% 2.00% 1 50% 1 00% 0.50% 000% Rate of Return Comparison] 12/01 1/02 2/02 3/02 4/02 5/02 0)02 7)02 8102 9/02 10102 11102 12/02 1/03 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino January 31, 2003 Category Standard Comment Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate Bonds/Notes 30% with A rating Complies LAIF $40 million Complies Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies (FHLMC at 7 yrs) " Remainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies City of Cupertino I General Fund Budget Report Actual Actual % of Budget !/31/03.__ _ 2001/02 Budget 2002/03 Budget ,YTD_0_I_-_3~I-02 YTD 01-31-03 Over/Under Analysis o_f_T_rynds_ __ Taxes: Sales Tax 10,348,000 11,000,000 5,985,508 5,014,550 -21.85% Dow~ 9.7% from 3rd quarter last year Property Tax 3,789,000 3,700,000 1,811,443 2,085,_8_1~3 -3.36% Transciant Occupancy 1,460,000 2,3~6_52700 749,515 769,!_58 -44.25% Collected through December ~02. Utility Tax 2,699,000 2,880,000 1,262,282 1,195,058 -28.87~ Franchise Fees 2,214,000 2,320,000 693,786 586,823 __~.~5~6.6_~4% Other Taxes 1,120,000 1,205,000 639,631 678,450 -3.48% Licenses and Permits _ 1,173,600 1,150,000 711,557 970,033 4~4.~60% Use of Money & Property 1,544,500 1,400,00-(J 1,628,181 810,903 -0.71% Yields down from 4.37 to 3.24% (Dec. - D'~d.) Intergovernmental 3,319,041 3,502,000 2,065,454 _ 2~,2 I~0~057 8.19% Charges for Services 429,100 ..... _3_3 ~5,~000 193,645 260,122 33.11% Fines & Forfeitures 600,000 .... ~6~0,~?0 301,272 234,284 -33.06% Other Revenue __ 80,000 15,817~600 48,137 __ _i 7,~173~019 86.34% Includes additional debt proceeds Total Revenue ~ 46.274.600 16.090.41_2_ __~ 18.58% 2002-03 Budget includes refinancing/library funding Operating Exper~ditur_e_s ( .... Administrative 1,516,325 1,538,736 943,~9~82 675,925 -24.70% Law Enforcem~n-t' 6,123,18-1 6,274,494 3,439,~97([ 3,657,839 -0.06°~d' - Community Servi~ce .... 652,882 ..... 7_47,_602 419,801_ .... _438,165 0.47% Administrative Service _ 3,344,477 3,602,871 2,025,673 2,042,479 _ -2.82% Recre?ion Service 1,946,332 2,331,981 ...... 9_57,098 1,217,422 -10.50% Community Development 4,042,2[9 2,785,796 1,529,35~ ~i,46~6,379 -9.76% Public Works 9~273,771 9,192,822 ...... _4,890,383 4,931,591 -8.04% T;ial Expenditures __ ~ ~ ___14.206.265 14.429.800 -6.5~6-%_ _~_ Operating TLansfers In _2,825,000 1,725,000 -i~122,919 1,006,250 0.00% Operating Transfers Out __ _ -9, l 17,921 -26,172,000 ...... 7fi_,_228,588 -15,029,500 -1.56°_/o... _ 2002-03 Budget includes transfers to CIP for New Library Net Income/Loss ~ ~ -_2222Jfi~ 20,000,000 Revenue Comparison 18,000,000 16,000,000 14.000,000 12 O00,OOO 10,000,000 8,000,000 6 000 000 4,000,000 2,000,000 0 1 2 3 4 5 6 7 8 9 10 11 12 BYTD 01/31/02 Sales Tax Property Tax TOT Utility Tax Franchise Fees O~her Money & Property I Fines & Forfeitures 12 Other Revenue 6,000.000 5,000,000 4,000,000 2,000,070 1,000,000 0 Expenditure Comparison I 2 3 4 5 6 7 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Sera,ce 6 Community Deve~opmen[ 7 Public Works City of Cupertino Summary of Budget Transfers 1/31/03 Budget Revenue i Expenditure Descriptio-n-~ Acct it Adjustment i Budget --~ Bud,oet 2002/03 ADOPTED BU~)GET I 46,570,0001, 67,065,000 Debt Refinancing/Issuance ,i I 15,665,000i ~01/02 CARRYOVER: Encumbrances i various 5,220,7671 i 5,¢_2_0,767 Department carryovers__ I various 537,770 i 537,770 Project cm-ryovers ! various _ 11,434,531 i ..... ! 1,434,531 REVENUE ADJUSTMENTS: Transcription Services - City Clerk 110-4811 2,600 2,600 After school enrichment programs 580-4725 190,0001 190,000 -- W/h funds in excess of settlement, BFI 520-4811 93,944 93,944 Traffic Study for Villa Serra Apts 104553 26,250 26,250 PG&E Safe Tree Grant 104553 20,000 __ 20,0001 EXPEI~)ITURE ADJUSTMENTS: Transcription Services - City Clerk 10-4300-7014 2,600 2,600 After school enrichment programs 580-6349-7014 ~' i~0,000 , 190,000 Salary adj. - City Manager I110-1200-5501 7,719 ~ ....... 7,719 Salary adj. - City Attorney I 110-1500-5501 ! 7,470 I ..... 7,470 Salary adj. -RDA ____I250-7304-5501 I 1,250 i ___ 1,250 Traffic Study for Villa Serra Apts i110-8601-7014 -? ..... 26,250 2i 26,250 Additional costs for trial case !I 10-1500-7075 ~ 20,000 20,000 PG&E Safe Tree Grant _ '110-8408-9100 i 20,000 20,000 2002/03 ADJUSTED BUDGET i 62,567,794 84,533,357 Capital Projects 12/31/02 Fund Proj# Description CIO enc CIO budget Adopted change Total Bud.qet Encumbrance Expenditure Current Bal. 110 9215 Department remodel 14,942.50 0.00 14,942.50 0.0¢ 14,942.50 0.00~ 210 9612 Minor Storm Drain Improv 9,300.00 132,290.09 71,507 213,097.09 61,956.5¢ 64,796.38 86,344.21 215 9620 Storm Drain Projects 0.00 1,024,304.32 75,000 1,099,304.32 32,700.0¢ 95.70 1,066,508.62 270 9411 W.Stev Creek bike lane 0.00 20,965.00 20,965.00 20,965.0¢ 270 9412 S.Stslling bike lane 0.00 24,712.00 24,712.00 24,712.0¢ 270 9413 De Anza bike lane 0.00 40,523.00 40,523.00 40,523.0¢ 270 9430 Stev Canyon Rd widening 1,078,616.99 25,510.30 1,104,127.29 969,304.7~c 124,677.40 10,145.10 270 9431 Stev Crk/Blaney T/S modification 11,330.89 0.(30 11,330.89 0.0¢ 4,632.58 6,698.31 270 9432 Hmstd belleville TIS modif. 0.00 75,000.00 75,000.00 75,000.0¢ 270 9435 Neighborhood traf calming 8,230.00 6,120.00 100,000 114,350.00 1,292.05 9,526.77 103,531.1~ 270 9436 Stev Crk Trail Bike facilities 0,00 30,219.00 30,219,00 30,219,0¢ 270 9438 Miller Ave bike facilities 0.00 131,006.50 131,006.50 131,006.5¢ 270 9440 Wolfe bike facilitiy improv 11,890.43 122,776.68 134,667.11 2,942.70 131,724.41 270 9441 Bike detection enhancement 0.00 19,659.00 19,659.00 19,659.0¢ 270 9443 Bollinger Rd bike facility improv. 86,119.35 249,840.52 335,959.87 136,159.02 9,857.56 189,943,26 270 9446 DeAnza/Stev Crk crosswalk enh. 0.00 200,000.00 (200,000) 0.00 0.00 270 9447 Mary Avenue gateway 33,258.59 156,841.52 (50.000~ 140,100.11 34,471.75 9,474.40 96,153.96 270 9448 Foothill bird bike lanes 86,450.00 99,341.95 185,791.95 0.0C 91,602.00 94,189.95 270 9449 Mary Avenue Footbridge 0.00 389,877.15 633,864 1,023,741.15 0.0C 0.00 1,023,741.1~ 270 9450 Pavement Management 67,300.00 29.45 750,000 817,329.45 40,645.45 143,484.15 633,199.8~ 270 9531 Ramp meter signal 280185 389,233.43 80,209.00 469,442.43 388,455.28 778.15 80,209.0£ 270 9532 SR85/Stev Crk TlS modification 0.00 49,378,49 49,378.49 49,378.49 270 9701 Sidewalk gaps unimprv areas 0.00 0.00 75,000.00 75,000.00 75,000.00 270 9702 Citywide bike parking facilities 0.00 51,789.00 51,789.00 51,789.00 280 9213 McClellan Ranch bldg improv. 0.00 211,652.00 211,652.00 211,652.00 420 9108 Park Renovations 0.00 72,545.84 72,545.84 72,545.84 420 9113 Stev Crk trail masterp]an 0.00 6,260.70 6,260.70 6,260.70 420 9115 Skate Park 0.00 401,953.40 (220,000 00) 181,953.40 181,953.40 420 9116 San Thomas trail improvements 21,807.60 427,101.90 184,000.00 632,909.50 181,518.65 251,583.21 199,807.64 420 9117 Stev Crk Trail master plan study 74,734.84 20,976,00 95,710.84 16,036.49 58,698.35 20,976.00 420 9118 Union Pacific RR trail 0.00 4,313.87 4,313.87 4,313.87 420 9119 Por[alNVi{son park improvement 0,00 564,060.05 564,060.05 2,706.10 561,353,95 420 9121 Memorial park softball field impv. 0.00 0.00 25,000.00 25,000.00 25,000.00 420 9216 Service center expanison 41,888.00 67,831.00 109,719.00 41,888.00 16,514.3:3 51,316.67 420 9219 Animal control facility 0.00 500,000.00 f590,000.00 0.00 0.00 420 9223 Civic center improvements 0.00 199,953.03 1,800,000.00 500,000.00 2,499,953.03 10,000.00 70.11- 2,489,882,92 420 9224 Civic center plaza improvements 0.00 63,979.75 900,000.00 963,979.75 0.00 5,857.03 958,122.72 420 9524 DeAnza/Stev Creek arterial mgmt 0.00 21,849.13 21,849.13 21,849.13 420 9527 Homestead/Tantau TlS upgrade 3,733.00 172.15 3,905,15 3,733.00 0.00 172,15 420 9528 280NVolfe traffic safety improv. 302,574.31 82,434.64 385,008,95 54,141.81 250,432.50 80,434.64 420 9530 Phase III Hmstd artedal mCmt 0,00 43,540.90 43,540.90 2,500.00 41,040.90 Capital Projects 12/31/02 Fund Proj# Description CIO enc CIO budRet Adopted chanqe Total BudRet Encumbrance Expenditure Current Bal. 420 9533 Green LED TlS ~ights 10,459.86 261,036.00 271,495.86 4,162,69 6,297.17 261,036.00 420 9534 Advanced ITS De Anze bird 30,055.47 675,536.00 705,591.47 16,880.68 13,198.27 675,512.52 420 9535 Adaptive traf control system 635,356.48 300,561.00 935,917.48 628,241.44 7,115.04 300,561.00 420 9536 Ste{ling corddor TlS upgrade 0.00 4,901.97 4,901.97 4,901.97 420 9537 Bubb corddor TIS upgrade 0.00 3,063.72 3,063.72 3,063,72 420 9538 Pruneridge cordder TlS upgrade 0.00 4,901.97 4,901.97 4,901.97 420 9539 Wolfe/Pruneridge TIS upgrade 0.00 4,595.58 4,595.58 4,595.58 420 9541 Schcol traffic calming measure 163,430.68 21,902.95 185,333.63 26,874.48 136,556.20 21,902.95 420 9544 Safe routes CHS 500,000.00 500,000.00 500,000.00 420 9545 TlS upgrades various locations 0.00 0.00 300,000.00 300,000.00 300,000.00 420 9546 Traf operation center facilities 0.00 0.00 200,000.00 200,000.00 200,000.00 420 9547 Yellow ped LED TlS upgrades 0.00 0.00 140,000.00 140,000.00 140,000.00 420 9548 Traf st walkabilit7 mods facility 0.00 0.00 100,000.00 100,000.00 5,000.00 95,000.00 420 9703 Apple public art 100,000.00 (100,£~30.00) 0.00 0.00 4231 9222 Library construction 1,725,520.72 1,720,866.03 17,600,000.00 21,046,386.75 1,520,553.76 1,270,909.49 18,254,923.50 424 9210 Senior Center Expansion 10,952.00 34,483.47 45,435.47 2,500.00 12,748.60 30,186.87 425 9313 Four Season Corner 0.00 412,074.95 662,000.00 1,074,074.95 80,225.06 47,780.07 946,069.82 425 9314 Four Season Art Sculpture 0.00 143,768.00 143,788.00 143,788.00 426 921; Sports Ctr.fltness expansion 0.00 1,629,918.91 711,000.00 2,340,918.91 1,754,328.49 224,688.08 361,902.34 56(~ 9105 Blackberry Farm 0.00 451,882.65 75,000.00 526,882.65 0.00 22,678.67 504,203.98 5613 9112 BBF master plan study 34,000,00 116,000.00 150,000.00 10,710.00 32,510.00 108,780.00 Total 4,851,185.14 12,004,530.53 24,402,371.00 (570,0CO.0C 40,688,086.67 6,021,779.39 2,839,653.51 31,826,653.77 RESOLUTION NO. 03-052 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, REPUBLIC PROPERTIES, INC., 22551, 22561, 22571, 22581 RICARDO ROAD, APNS 356-03-051,052, 053, 054 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Republic Properties, Inc., for the installation of certain municipal improvements at 22551, 22561, 22571, and 22581 Ricardo Road 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 17th day of March 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 03-052 Page 2 DEVELOPMENT: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS Republic Properties, Inc. 22551, 22561, 22571, 22581 Ricardo Road, APNs 356-03-051,052, 053,054 A. Faithful Performance Bond: On-site: $ 41,227.25 Off-site: $ 32,085.25 FORTY-ONE THOUSAND TWO HUNDRED TWENTY-SEVEN AND 25/100 DOLLARS THIRTY-TWO THOUSAND EIGHTY-FIVE AND 25/100 DOLLARS B. Labor and Material Bond: On-site: $ 41,227.25 Off-site: $ 32,085.25 FORTY-ONE THOUSAND TWO HUNDRED TWENTY-SEVEN AND 25/100 DOLLARS THIRTY-TWO THOUSAND EIGHTY-FIVE AND 25/100 DOLLARS C. Checking and Inspection Fees: $ 3,666.00 THREE THOUSAND SIX HUNDRED SIXTY-SIX AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: N/A F. One Year Power Cost: N/A G. Street Trees: By Developer H. Map Checking Fee: N/A I. Park Fee: N/A J. Water Main Reimbursement: N/A K. Maps and/or Improvement Plans: As specified in Item #21 of agreement RESOLUTION NO. 03-053 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "BYRNE AVENUE 02-08", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE; APPROXIMATELY 0.41 ACRE, PEREZ (APN 357-11-005) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byme Avenue 02-08" from property owners, Richard and Grace Perez; and WHEREAS, the property, 0.41+ acre on the west side of Byme Avenue between Granada Avenue and Hermosa Avenue (APN 357-11-005) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to City of Cupertino Pre R1-8 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; EXHITBIT A ANNEXATION TO THE CITY OF CUPERTINO BYKNE AVE. 02-08 MARCH 2003 All that certain real property situated in the County of Santa Clara unincorporated area, State of California, more particularly described as follows: Being all of Lot 28, and a portion of the dedicated 10-foot strip, Tract No. 150 entitled "Stevens Creek Subdivision" recorded in Book 5 of Maps, Pages 4 and 5 in Santa Clara County Records. Beginning at the northwesterly comer of the annexation to the City of Cupertino, entitled "Byme Ave. 82-04", said point also lying on the easterly boundary of the annexation to the City of Cupertino, entitled "Byme Avenue 01-05", thence along the said annexation Byme Ave. 82-04 South a distance 102.18 feet to the easterly prolongation of the northerly line of said Lot 28 and the TRUE POINT OF BEGINNING of this description. Thence continuing along said annexation Byrne Ave. 82-04 South a distance 60.00 feet; Thence leaving thc said annexation Byme Ave. 82-04 and along the easterly prolongation of the southerly line of said Lot 28 and along the southerly line of said Lot 28: 1. West a distance of 311.43 feet more or less to the easterly boundary of the annexation to the City of Cupertino entitled "Blackberry Farm 91-0"; Thence along said Blackberry Farm 91-0 and the westerly line of said Lot 28 the following courses: 2. N15°04'00'~vV a distance of 12.51 feet; 3. N06°43'30"E a distance of 48.25 feet to the northerly line of said Lot 28; Thence along said northerly line and the easterly prolongation thereof 4. East a distance of 309.03 feet more or less to the easterly line of said 1 O-foot strip and the TRUE POINT OF BEGINNING. Containing 18,726 square feet (0.430 acres) A.P.N 357-11-005 £~ xNo L6713~_.< ~, 065' CITY OF CUPER TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 FAX: (408) 777-3366 Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number Agenda Date: March 17, 2003 SUBJECT AND ISSUE: Approve a fee waiver request in the amount of $120.00 for the Santa Clara County Chapter of the Califomia Grand Jurors' Association's educational classes given at the Quinlan Center monthly from April through September 2003. BACKGROUND: For six meetings, the Chapter has reserved meeting room space at the Quinlan Center from April through September. The meetings will provide a community service through the education of the general public raising their awareness of the California Grand Jury system. The Chapter is organized exclusively for charitable and educational purposes. See the copy of their letter. STAFF RECOMMENDATION: Staff recommends that City Council waive the room rental fees in the amount of $120.00 for their use of conference room space at the Quinlan Center for the above-stated purpose. SUBMITTED BY: Therese ~mbrosi Smith, Director Parks and Recreation APPROVED FOR SUBMISSION TO TH_~OUNCIL: David W. Knapp, City Manager Midge Feldste/n (~h.r~ County Chapter 1673 Quail Odve C/O R/clued Ruth ~AI_.IFOR:VIA ~t~ ~.rr2J~O2B , A City Council City Hall Cupertino, CA.9501 ~ n=~22'_- Waiver of Fees The Santa Clara County Chapter of the California Gr~ J~' Aa~t~.i~tlosz request ~-fee~r ~f ~_pp~,~;m~t,~v ~ 504ff'One Hmldred Fi.fl~ Dollars). The fee is for the u~e-o~-the (~nu~e~r~'at the Quinlan Center. The. Chapter w~ meet monfftlY duringthe-period Aprit 29, 2003 ~hrz::~.h S~.emb~.30.20O3 The Chapter's purpose is to prov/de a co£iussuss~iy cduc, ag/on og-fl~ ymnh~ldg~ncral public by rai$/ng their awareness of the California Grand jury system. The Association also provides tra/ning and or/entation O£new grand-jusoss'-~)h-ghout~ta~e. The Chapter is organ/zed exclusively for chm-itable and educatio~al purposes urader*SectionS~Ot(cX-3) of*the L,1.t~.~A.o_l~.e~vPn,,e Thc Council's aft-mat/on of~he fee waiver is greatly apprecialed. cc: Tom Walters Recreation Supervisor Cuperrdno, CA 95117 Richard Ruth, President CUPEI INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 FAX: (408) 777-3366 Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number Agenda Date: March 17, 2003 SUBJECT AND ISSUE: Approve a fee waiver request in the amount of $1,305.00 for the Lunar New Year Unity Parade Committee's use of various city sites for their March 8, 2003, first annual event. BACKGROUND: The nonprofit Lunar New Year Unity Parade Committee organized this successful first- time event on Saturday, March 8, 2003. The committee has requested fee waivers associated with costs of using various city facilities per the attached breakdown. STAFF RECOMMENDATION: Staff recommends that City Council waive the associated parade fees in the amount of $1,305.00. SUBMITTED BY: Therese Ambrosi Smith, Director Parks and Recreation Department APPROVED FOR SUBMISSION TO THE CITY COUNCIL: Dam~d'-W. Knapp, City Manager Printed on Recycled Paper CITY OF CUPER TINO Lunar New Year Unity Parade SATURDAY, ?,iA~.XCH 8, 2003 FEE WAIVER Quinlan Community Center Cupertino Room Senior Center Reception Room Bay Room Classroom Senior Center Total Memorial Park $ 800 (10 hrs. CC $80 hr.) $160 (4 hrs. CC $40 hr.) $140 (4 hrs. CC $35 hr.) $ 140 (4 hrs. CC $35 hr.) $ 340 Amphitheatre $ 110 (4 hrs.) Pimfic Area $ 55 Memorial Park Total $165 Lunar New Year Unity Parade Total $ 1,305 Prlntod on Rocycled Paper I 0 ~ ~ CITY OF CUPEi TINO City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. Agenda Date: March 17, 2003 Subject: Make appointments to the Community Development Block Grant (CDBG) Steering Committee Recommendation: Appoint Don Barnett, Mary Ellen Chell, Dick Schuster and Marsha Brewer for a one-year term to the CDBG Steering Committee. Background: Federal Regulations require the City of Cupertino to develop and follow a detailed plan which provides for, and encourages, citizen participation and whid~ emphasizes participation by persons of low- or moderate-income, particularly residents of predominantly low- and moderate-income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use CDBG funds. The plan must provide citizens with reasonable and timely access to local meetings, an opportunity to review proposed activities and to review program performance; provide for timely written answers to written complaints and grievances; and identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. In February, the City Council received a draft of the plan for review. The plan will be formally adopted in May with the Consolidated Plan. At the same February meeting, the City Council authorized staff to take a streamline approach to appointing members to the CDBG Steering Committee for the first year of the program. CDBG Steering Committee: Part of the new Citizen Participation Plan is the creation of a CDBG Steering Committee. The Committee will be comprised of all members of the Cupertino CDBG Steering Comm/ttee Appointments March 17, 2003 Page 2 Housing Commission, with its Chairperson sitting as Chair of the Steering Committee. In addition, the City Council will appoint four additional members, three from areas of the City with high concentration of low and moderate-income residents and one committee member as a citywide representative. The citywide representative cannot be a resident of a defined low and moderate-income area. The CDBG Steering Committee will oversee the preparation of the Consolidated Plan, the distribution of CDBG funds. Since Cupertino does not have enough time to interview and advertise for the Steering Committee, on February 18, 2003 the City Council approved a streamlined process for the first year of the CDBG program. Staff is recommending, Mary Ellen Chell be appointed as the citywide representative, Don Burnett, Dick Schuster and Marsha Brewer be appointed as representatives of the low and moderate-income areas. Later this calendar year, the City wili advertise the committee vacancies and interview applicants. Prepared by: Vera Gil, Senior Planner Director of Community Development Approved for Submittal: David W. Knapp City Manager CITY CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 77%3182 FAX: (408) 777-3175 OFFICE OF CODE ENFORCEMENT SUMMARY AGENDA ITEM NO. /~ MEETING DATE: /YkO~'T.~ [~ 20-020 SUBJECT Public nuisance abatement: Public hearing to consider abating a public nuisance (overgrown foliage which obstructs the street, gutter and sidewalk) at 7535 Normandy Way (APN 366 11 151, William and Elena Kettler property owners). BACKGROUND Chapter 14.08 of the Cupertino Municipal Code defines obstruction of streets. Section 14.08.020 B further states that obstruction of streets and sidewalks by hedges or shrubs can be considered a public nuisance and prohibited as unlawful. On August 2, 2002, an anonymous complaint was received regarding a large amount of shrubs/hedges that were obstructing the sidewalk and street. This complaint was referred to Diane Arrants, Traffic Technician, due to a possible sight obstruction for vehicular traffic. Ms. Arrants advised this office on August 8, 2002 that no sight obstruction was observed, but that the shrubs/hedges were obstructing the street, gutter and sidewalk. Upon researching this address, I found that this same property was subject to a similar complaint in May of 2000. Violations were corrected by the property owner(s) just prior to going before the City Council as a nuisance abatement proceeding. On August 12, 2002 1 inspected the property and found it was exactly as described. A letter was sent to the resident regarding the condition of the property. In the letter I gave a deadline of August 25, 2002 to trim the shrubs. Exhibit #1 On September 16, 2002 I inspected the property and found no change in conditions. A second letter was sent to the property owners. In the letter I gave a new deadline of September 30, 2002 to trim the slu'ubs. Exhibi[ #2 On October 31, 2002 I inspected the property and found no change in conditions. A final notice letter was sent via certified and regular mail to the property owners. In the letter I gave a deadline of November 14, 2002 to trim the shrubs. Exhibit #3 On November 2, 2002 I received confirmation that my certified letter was received and signed for by one of the property owners, Elena Kettler. Exhibit #4 On November 19, 2002 I inspected the property and found no change in conditions. Printed on Rocyclod Paper II,--j On December 1, 2002 I inspected the property and found no change in conditions. It should also be noted that I have not received any phone calls or other correspondence regarding my letters as of this date. On December 4, 2002 I made contact with Mr. And Mrs. Kettler at their residence. Mr. Kettler advised me that he had received all of my notices. He stated that he was recovering from a broken leg and was sorry he was slow to respond. Due to Mr. Kettler's medical condition, we agreed on a new deadline of January 5, 2003 to cut back all of the slumbs. On January 16, 2003 I inspected the property and found no change in conditions. A letter was sent to Mr. Kettler giving one final notice. Exhibit #5 On January 23, 2003 I inspected the property and found no major change in conditions although it does look as though one small tree had been trimmed on the side of the property. On February 3, 2003 I inspected the property and found no change in conditions. On February 5, 2003 I requested that this item be placed on the consent calendar for the February 18, 2003 meeting. On February 18, 2003 the City Council passed a Resolution to hold a hearing on the matter on March 17, 2003. On February 24, 2003 I posted the property in two locations with copies of the Resolution and Abatement Notice. On March 11, 2003 I inspected the property and found that the gutter had been cleared of all foliage. The sidewalk area still needs to be cleared to ensure full compliance. STAFF RECOMMENDATION Staff has made every attempt to contact the property owners and have them trim the shrubs. This is a recurrence of a sinfilar problem in May of 2000. The violation in May of 2000 was only corrected after four months and many staff hours expended. The property owners were very evasive during the past investigation. Based on the fact that the property owners have not been cooperative and the violation has reoccurred, it is the staff recommendation that the City Council declare the overgrown foliage at 7535 Normandy Way a public nuisance; and furthermore, that the property owners be ordered to permanently abate said nuisance by March 27, 2003 or City StaffwiI1 have said foliage adequately trimmed so that no more obstruction of the street, gutter and sidewalk exists; Furthermore, all costs of this action will be assessed to the property owners. Staff also asks that the City Council order the property owners to maintain the property in the future to avoid a recurring public nuisance. Submitted by: Gary Kornahens Code Enforcement Officer Approved for submission to the City Council: David W. Knapp City Manager DRAFT RESOLUTION NO. 03-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE AT 7535 NORMANDY WAY (APN 366-11-151), WILLIAM AND ELENA KETTLER PROPERTY OWNERS RECITALS: On February 18, 2003, the City Council of the City of Cupertino adopted (a) its Resolution No. 03-033 (attached) declaring a public nuisance at 7535 Normandy Way because of overgrown foliage obstructing the street and sidewalk; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with on March I7, 2003, at 6:45 p.m., in the Council Chambers, in the City Hall, located at 10300 Torre Avenue; (c) The following members of the City Council were present: Chang, James, Kwok, Lowenthal, and Sandoval. (d) The following members of the City's staff, among others, were present: City Manager David Knapp, Director of Administrative Services Carol Atwood, City Clerk Kimberly Smith, City Attorney Charles Kilian, and Code Enforcement Officer Gary Kornahrens; (e) The following interested persons were also present: (f) After hearing opening remarks, the City Council heard and considered all relevant evidence including, but not limited to, testimony under oath from owners, witnesses and parties interested, as well as received into evidence exhibits and staff reports, relative to said matter; (g) Following the presentation of all evidence and closing remarks, the City Council considered the matter, and resolved as follows: 1. The following findings of fact are hereby made: (a) Notice of the time and place of the hearing to abate, and Resolution No. 03-033 were duly and regularly posted and served, as required by the provisions of Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code. Resolution No. 03-054 Page 2 (b) Overgrown foliage obstructing the street and sidewalk on parcel 366-11-151 located at 7535 Normandy Way in the City of Cupertino, State of Cali£ornia, constitutes a-public nuisance, in that said obstruction constitutes a hazard to public health, safety and general welfare, by reason of threatening the free use and enjoyment of adjoining property and a possible sight obstruction for vehicular traffic. 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: Removal of overgrown foliage, which obstructs the street and sidewalk, by trimming the shrubs at 7535 Normandy Way by March 27, 2003. (c) Any property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time that may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. (e) The property owner shall continue to maintain the property in such a way as to avoid a recurring public nuisance. ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPERJINO City of Cupertino Code En£orccmcnt 10300 Torr¢ Avenue Cupertino, Ca 950]4 (408) 777-3182 or (408) 777-3175 Fax 08/12/02 Resident 7535NormandyWay Cupe~ino, Ca 95014 To whom it may concern, I have received a complaint regarding your property. I have observed that you have shrubs or trees which are obstructing the sidewalk or street. All shrubs must be cut back so tha~ they do not intrude into the sidewalk or street. All trees must be cut so that branches are au least 10 feet above the sidewalk or street. Please make a visual inspection of your property and cut back any shrubs or lrees which are encroaching over the sidewalk. I will re-inspect the property on August 25, 2002 tO,. ensure compliance. I' Thank you in advance for your anticipated e'oOperation. Please call me at (408) 777-3256 should you have any questions. Sincerely, Gary. Kornahrens Code Enforcement Officer Pnnted on mecyclod Paper (1~.~ cITY OF CUPERtinO City o£Cupcnino Code Enforcement Office 10300 Torr¢ Avenue Cupertino, Ca 95014 (408) 777-3 ] 82 or (408) 777-3 ] 75 09/17/02 William or Elena Kettler 7535 Normandy Way Cupertino, Ca 95014 Second Notice To whom it may concern, [ have received a complaint regarding your property. I have observed that you have shrubs or trees which are obstructing the sidewalk or street. All shrubs must be cut back so that they do not intrude into the sidewalk or street. All trees must be cut so that branches are at least 10 feet above the sidewalk or street. Please make a visual inspection of your property and cut back any shrubs or trees which are encroaching over the' sidewalk. I will re-inspect the property on September 30, ~002 to ensure compliance. Thank you in advance for your anticipated cooperation. P1i (408) 777-3256 'ase call me at should you have any questions. Sincerely, G~ary Kornahrens Code Enforcement Officer CITY OF CUPEI TINO 10/31/02 William or Elena Kettler 7535 Normandy Way Cupertino, Ca 95014 Final Notice To whom it may concern, I have recetved a complaint regarding your property. I have observed that you have shrubs or trees, which are obstructing the sidewalk or street. All shrubs must be cut back so that they do not intrude into the sidewalk or street. All trees must be cut so that branches are at least 10 feet above the sidewalk or street. Please make a visual inspection of your properly and cut back any shrubs or trees, which are encroaching over the sidewalk or street. I will re-inspect the property on November 14, 2002 to ensure compliance Please note that if all foliage is not properly cut prior to my next inspection, other legal action will commence. This action may include citations and/or Public Nuisance Abatement proceedings. If such proceedings are begun, all costs associated will be assessed to you, the property owner. Thank you in advance for your anticipated cooperation. Please call me at (408) 777-3256 should you have any questions. Sincerely Gary Komahrens Code Enforcement Officer PrintedonRecydedPaper I ( _~ · Complete items 1 2, and 3 Also complete item g if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits PS Form 3811 August 2001 ly ( I Name) f Ddivery D Is delivery address different from item 17 [] Yes If YES, enter delivery address below [] NO ~] Express Mail [] Registered ~ Return Receipt fg~',,&hd;Se [] Insured Mail [] C O D 4 Restricted Delivery? (Extra Fee) [~ Yes 7001 1940 0004 6683 3413 Domestic Return Receipt 102595-01 M-2509 m Postmark Here , '~;;~¢ '~Z E¢: ........................................ t .................. ~,',7.'~i;~;; '~i~;-~' '-; .................................... %-'"'2:F~'7 7';;"-"'1 CITY OF CUPER TINO City of Cupertino Code Enforccm~nt Office ] 0300 Torrc Avenue Cupertino, Ca 95014 (408) 777-3182 or (408) 777-3175 Fax 01/16/03 William or Elena Kettler 7535 Normandy Way Cupertino, Ca 95014 Dear Mr. Kettler, Tills later is in Collow up to our conversation on December 4, 2002. When I met with you on that date, you agreed to have all of the shrubs/foliage cut back to my satisfaction by January 5, 2003. 1 inspected the property today and it appears that the work has not been completed. I feel that I have been more than fair regarding this matter and will be forced to seek further legal action if all of the shrubs/foliage is not cut back prior to January 25, 2003. Legal action may include citations and/or Public Nuisance Abatement proceedings. If such proceedings are begun, all costs associated will be assessed to you, the property owner. Thank you in advance for your anticipated cooperation. Please call me at (408) 777-3256 should you have any questions. Smoerely, Code Enforcement Officer CITY OF CUPEI TINO__ City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No: J__~ Agenda Date: March 17~ 2003 Application: U-2002-11, EA-2002-23 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot restaurant and construct a 120-room hotel. RECOMMENDATION The Planning Commission recommends that the City Council approve: 1. Mitigated Negative Declaration, file number EA-2002-23; and 2. Use Permit application, file number U-2002-11, in accordance with the Planning Commission Resolution No. 6177. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Height: Parking Spaces: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: ~oning: Specific Plan: Environmental Assessment: 1.37 acres. 120 rooms. 58,000 sq.ft. 50 feet maximum height consisting of 4 stories 126 spaces (100 underground and 26 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Yes. Mitigated Negative Declaration. BACKGROUND The project was reviewed by the Planning Commission on December 9, 2002. At that time, the Planning Commission voted to continue the item and asked the applicant and staff to work on several issues including design, easement, pedestrian connections and parking. On March 10, 2003, the Planning Commission recommended approval of the project. P,ntod on Roeyolod P~p~ I~'~ i Applications: U-2002-11, EA-2002-23 Extended Stay America March 17, 2003 Page 2 DISCUSSION Project Site The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The project site is in a prominent location and is visible to people entering Cupertino from Sunnyvale and from Highway 280. Therefore, development in this location will be expected to incorporate high quality architecture, building materials, landscaping, lighting, and special features including public art, a plaza or a water feature along De Anza Boulevard. Architectural Design The hotel building is designed in a modern style to reflect the architecture of the Apple campus, the NetManage building and office buildings along North De Anza Boulevard. A public art feature and plaza is proposed in the front setback along North De Anza Boulevard. The building is designed with the front lobby and an entry facing North De Anza Boulevard, while the main entrance is located near the surface parking lot to the west of the building. The east elevation along North De Anza Boulevard has a tower feature with an arched roof supported by metal brackets and a glass awning on the first floor to highlight the entrance. The facades are articulated with building plane changes and windows with awning and balcony features. Proposed building materials consist of sandstone at the base, stucco for the main building and metal awnings and balconies. The City's consultant architect, Larry Cannon is generally satisfied with the project design but has reiterated that some design details have yet to be addressed. These have been included as conditions of approval for the project. The final design will require approval by the Design Review Committee. Traffic Analysis A traffic report was prepared by Fehr & Peers Associates, Inc. in June 2002 (see Exhibit A for summary of the report). The traffic report compared the proposed use to trips generated by the existing restaurant. The existing restaurant use generates 951 daily trips, while the hotel generates 749 daily trips, resulting in a net decrease of 202 daily trips. Since the restaurant has been vacant for over two years, the traffic study did not assume a credit for the:existing use. The study was conducted with ail 749 daily trips attributed to the hotel. Based on this assumption, the project is not expected to cause significant impacts to the level of service (LOS) at key intersections. Therefore, no mitigation measures are required. Easements The property has three easements through the site. TWO of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBell. The third utility easement for California Water Company runs along the western Applications: U-2002-11, EA-2002-23 Extended Stay America March 17, 2003 Page 3 edge of the property. The proposed building does not encroach into any of the above easements. ISSUES Parking Parking for the project consists of 126 spaces: 26 on-grade spaces and 100 spaces in the underground garage. The City's parking code requires 126-127 spaces for the proposed building (one for each hotel room and one for each employee estimated to be a maximum of six to seven per shift). The Planning Commission questioned whether the number of employees was realistic and whether additional parking spaces should be provided. Since the project provides 126 spaces, parking provided on-site is considered adequate per code. Staff also reviewed other hotel applications approved in Cupertino including: the Hilton Garden Inn, Marriott and Cupertino Inn. The parking provided by the hotels is as follows: · Hilton Garden Inn (approved 1996) - 171 rooms/166 parking spaces (0.97 spaces/room). · Marriott (approved in 1986) - 149 rooms/151 parking spaces (1.01 spaces/room). · Cupertino Inn (approved in 1985) - 126 rooms/128 parking spaces (1.02 spaces/room). · ESA (proposed project) - 120 rooms/126 spaces (1.05 spaces/room). Staff is not aware of any parking problems at the existing hotels. On March 10, 2003, the Planning Commission discussed the issue and determined that the parking provided by the proposed project is adequate. Landscape Plan The project proposes to remove 13 trees on the project site to accommodate the building footprint and underground parking garage. None of the trees proposed for removal is a Specimen or Heritage tree per the City's Municipal Code. The project proposes to plant 48 new trees as mitigation for the removal. The proposed underground garage is located within 23 feet of an existing specimen oak tree on the southern property line. The proposed plans were reviewed by two arborists (see Exhibit B & C for arborists' reports), both of whom determined that the oak tree will not be impacted by the underground garage, provided certain construction and tree protection measures were followed. The construction provisions and protection measures are contained in the recommended conditions of approval for the project. A preservation bond will also be required for the existing oak tree. Transient Occupancy Tax The proposed Extended Stay America hotel is geared toward clientele that may stay for long periods of time. Stays over 30 days are more characteristic of apartment dwellings and are not required to pay the City's Transient Occupancy Tax (TOT). Since this approval is granted for a hotel and not for an apartment building, a condition of approval will require the applicant to sign an agreement with the City regarding payment of the City's transient occupancy tax for all occupancies, or payment of an in-lieu fee equal to the transient occupancy tax. Id.-3 Applications: U-2002-11, EA-2002-23 Extended Stay America March 17, 2003 Page 4 Public Input At the December 9, 2002, Planning Commission meeting, a representative of the Chamber of Commerce and managers of nearby hotels voiced concerns about hotel market conditions and the ability to successfully absorb another hotel. It was pointed out that City regulations do not dictate market conditions. On March 10, 2003, no members of the public addressed the Planning Commission regarding this project. Prepared by: Aarti Shrivastava, Senior Planner Steve Piasecki, Director Of Community Development APPROVED BY: David W. Knapp, City Manager ENCLOSURES Planning Commission Resolution No. 6177 Mitigated Negative Declaration Plan set Planning Commission staff report dated March 10, 2003. Planning Commission staff report dated December 9, 2002. Minutes of the Planning Commission dated December 9, 2002. Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002. Exhibit B: Tree Survey, S.P. McClenahan Co., Inc. dated February 21, 2003. Exhibit C: Arborist's report by Barrie D. Coate and Associates dated March 4, 2003. G: I Planning I PDREPORT\ pcUsereports t U-2002-11ce. doc 4 U-2002-11 CITY OF CUPERTINO 10300 Torte Avenue Cupertino, California 95014 RESOLUTION NO. 6177 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF THE FORMER SANTA BARBARA GRILL RESTAURANT AND CONSTRUCTION OF A 120-ROOM HOTEL (EXTENDED STAY AMERICA) AT 10745 N. DE ANZA BOULEVARD. SECTION I: PROIECT DESCRIPTION Application No.: Applicant: Location: U-2002-11, EA-2002-23 Freiheit & Ho Architects, Inc./Extended Stay America 10745 N. De Anza Boulevard - Santa Barbara Grill APN No. 326-10-064 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2002-11 is hereby recommended for approval; and Resolution No. 6177 U-2002-11 March 10, 2003 Page 2 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application U-2002-11, as set forth in the Minutes of the Planning Commission Meeting of December 9, 2002, and March 10, 2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENTDEPT. APPROVED EXHIBITS Approval is based on plan set dated March 5, 2003, entitled "Extended Stay America", and as amended by this resolution. DEVELOPMENT APPROVAL Approval is granted for the demolition of the former Santa Barbara Grill restaurant and construction of a 120-room Extended Stay America hotel with a 100-car underground parking garage and 26 surface parking spaces. PRO|ECT AMENDMENTS Amendments to the project, considered major by the Director of Community Development, shall be reviewed by the Planning Commission. DESIGN The applicant shall work with staff and the City's consultant architect to provide the following design changes which shall be approved by the Design Review Committee prior to issuance of building permits: a. Enhance entries - Angle the glass canopies at a slope of minimum of 1:1.5 at both entrances to make them more visible. Make the rear canopy symmetrical. b. Roof Brackets - Provide doubled up metal brackets proportional to the building at the cornice and extend their length to the bottom of the frieze. c. Color Palette - The applicant shall work with staff and the City's consultant architect to determine the final color palette. d. Use a lighter gray color for the window mullions and the HVAC units rather than the proposed black, so that the HVAC units do not stand out. e. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible :from the street. f. Paths - Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with the exception of the area around the oak tree. Provide mulch at the base of the tree with paving stones at the far edge to the curb to create a path around the tree. g. Windows - Modify the window detail to provide a recess of at least three inches from the exterior wall face. 2 Resolution No. 6177 U-2002-11 March 10, 2003 Page 3 h. Pavers - Provide pavers in all areas currently proposed to be asphalt. The north and south paths shah also have pavers. Pavers on sand shall be provided where paving is located on natural ground. i. Lighting: i. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. ii. Provide uplighfing for the building, tower element, entry awnings to erthance visibility at night. iii. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. j. Stairs from garage and concrete seatwall in the front setback - The stairs shah be relocated to the north side of the building so as not to be visible from the front along North De Anza Boulevard. The seatwall shall have sandstone facing and cap to match the building base. k. Gutters and downspouts - shah be incorporated into the building wall so that they are not visible on the exterior of the building. 1. Benches - The applicant shall provide benches in the lawn areas on the south side of the building facing the courtyard and parking area. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. LANDSCAPING a. A landscape bond in the amount of the cost of the landscaping shall be provided prior to issuance of building permits. The bond shall be returned upon inspection by Planning staff and a letter from the landscape architect certifying that ali landscaping per the approval has been installed in the proper manner. b. All new trees to be planted in the ground shall be 48-inch box size. Trees to be planted on the parking deck shall be a minimum of 24-inch box size. c. The 15 trees along the northern property line shall be replaced with Pyrus kawakami (Evergreen Pear) trees. d. The Chitalpa trees located close to the building wall shall be relocated further 'away to allow ladder access for the Fire Department. e. The proposed Ash trees will be required to be of the Fraxinus Americana variety, and the Platanus Acerfolia will be required to be of the Platanus "Bloodgood' variety. SCREENING The applicant shall provide the following landscaped screening features subject to approval by the Director of Cormnunity Development: 3 Resolution No. 6177 U-2002-11 March 10, 2003 Page 4 a. Landscaping (small trees and shrubs) at the terminus of the private road connecting the hotel and adjacent properties. b. Landscaping to screen the south and west wall of the trash enclosure. TREE PROTECTION a. Arborist reports - Recommendations in the arborist's report by Barrie D. Coate and Associates report dated March 4, 2003 and Tree Survey by S.P. McClenahan Co, Inc. dated February 21, 2003 shall be followed. b. Protection plan - As part of the building permit drawings, a tree protection plan shall be prepared by a landscape architect or certified arborist for the specimen oak and trees to be retained on the site. The tree protection shall be inspected and approved by the landscape architect prior to beginning construction. c. Tree protection Bond - The applicant, prior to issuance of the first building permit, shall provide a tree protection bond in the amount of $50,000 to ensure protection of existing trees on the site during construction. The bond shall be returned after occupancy permit is issued upon provision of a report by a landscape architect or certified arborist indicating that the trees are in good condition. d. Paving - The applicant shall work with staff and the Fire Department to redesign the courtyard and drop-off area to reduce paved area adjacent to the oak tree referenced in the arborist's report by Barrie D. Coate and Associates report dated March 4, 2003, subject to the approval of the Director of Community Development. 9. BICYCLE PARKING Bicycle racks to accommodate seven bicycles shall be provided in the parking lot to the west of the site. 10. PEDESTRIAN/BICYCLE PATHS AND EASEMENT a. The applicant shall increase the width of the northern bicycle path to eight feet. b. The applicant shall provide a 5-foot wide path along the southern property line of the site, except under the specimen oak, where mulch shall be provided at the base of the existing specimen oak tree with paving stones at the far edge to the curb to create a path around the tree. c. Pedestrian easements over the sidewalk area and through the interior pedestrian yaths and plaza shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 11. SHUTTLE The hotel shall offer shuttle services, which may be on an as needed contract basis, to pick-up and drop-off customers from airports, bus stops, Caltrain and light-rail stations. The shuttle shall be available on a 24-hour basis. U-2002-11 March 10, 2003 Resolution No. 6177 Page 5 12. TRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures shall not be located in the front (curb to building) along North De Anza Boulevard. The equipment locations shall be determined prior to issuance of building permits. The equipment shall be screened with fencing and landscaping or located underground such that it is not visible from public areas or the private drive to the west of the site. 13. TRASH ENCLOSURE The trash enclosure shall be attractively designed to match the architecture of the building and shall be screened by landscaping. The design shall be approved by the Director of Community Development prior to issuance of building permits. 14. MAINTENANCE AGREEMENT The following shall be completed prior to issuance of building permits: a. The property is to be maintained free of any debris and weeds until the time that actual construction commences. All existing structures shall be secured, or be demolished or removed from the property. b. The applicant shall sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed. The applicant shall be responsible for maintaining the landscaped area, including that in the public right-of-way, in a manner acceptable to the City. c. The landscaping shall be maintained in good health and graffiti shall be removed within a reasonable period of time. d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record a maintenance agreement and CC&Rs, subject to review and approval by the City Attorney, City Engineer, and Community Development Director, which shall include the following: i. Continued architectural controls to ensure the architectural integrity of the project. ii. Description and map illustrating "public" areas to be maintained and ensure that the open space area and pedestrian/bike paths and the landscaped area along the frontage are available to the public. iii. Standards for maintenance for landscaping within the project site to be prepared by a landscape architect. :iv. Standards for the long-term property maintenance for the building, landscaping and sound walls as necessary including: maintaining the property free of debris and weeds at all times and graffiti removal within a reasonable period of time. v. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. 5 Resolution No. 6177 U-2002-11 March 10, 2003 Page 6 15. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, PacBell and California Water Company, and/or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 16. SANTA CLARA VALLEY WATER DISTRICT A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. 17. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project or the applicant shall make the necessary improvements to ensure adequate capacity for the project. 18. LIMITATION ON HOTEL STAY This use permit is granted for temporary occupancies typical of a hotel and does not include approval of longer stays typical of an apartment unit or complex. Therefore, each registration shall not exceed a period of more than twenty-nine (29) consecutive days. Transient occupancy tax shall be collected for each day of all occupancies. The applicant shall enter into an agreement with the City, acceptable to the City Attorney, complying with the above registration limitation and transient occupancy tax requirements or pay an in-lieu fee. 19. SIGNAGE AND DIRECTIONAL SIGNAGE a. Signage is not approved as part of this application. The application shall bring a signage plan to be approved by the Design Review Committee. b. As part of the signage plan, the applicant shall include directional signage, possibly on North De Anza Boulevard and Valley Green Drive, to provide customers clear directions to the vehicular entrance of the site. 20. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of ~i statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 6 U-2002-11 March 10, 2003 ResolufionNo. 6177 Page 7 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 21. 22. 23. 24. 25. 26. 27. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. FIRE HYDRANT Fire hydrants shall be located as required by the City. TRAFFIC SIGNS Traffic control signs shall be Placed at locations specified by the City. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether or not storm drain control measures are to be installed. 28. 29. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. UI~IDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Resolution No. 6177 U-2002-11 March 10, 2003 Page 8 30. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Reimbursement for Public Improvements $ 6% of Off-Site Improvement Cost or $2,300.00 minimum $ 6% of Site Improvement Cost $ 3,000.00 $ 3,315.40 N/A N/A $11,272.50 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 31. TRANSFORMERS Electrical transformers, teIephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 32. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances instalIed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 33. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans 8 Resolution No. 6177 U~2002-11 March 10, 2003 Page 9 shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 34. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 35. GRADING AND DRAINAGE PLAN a. The developer shalI indicate all cut and fill calculations for the proposed site. b. Cost estimate is required for all on and off-site public works improvements. 36. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion control notes shall be stated on the plans. All locations of the materials need to be identified on the plans. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution con.form to generally accepted engineering practices /s/Ralph Qualls Ralph Quails, Director of Public Works City Engineer CA License 22046 Resolution No. 6177 U-2002-11 March 10, 2003 Page 10 PASSED AND ADOPTED this 10th day of March 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G: ! PlllTll~itzg I PDREPORTI RES I L/-2002-11 (3) res. doc 10 CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on March 17, 2003. PROIECT DESCRIPTION AND LOCATION EA-2002-23 Application No.: Applicant: Location: U-2002-11 Freiheit & Ho Architects, Inc. 10745 N. De Anza Blvd. DISCRETIONARY ACTION REQUEST Use Permit to demolish a 7,300 square foot vacant restaurant (Santa Barbara Grill) and construct a 121-room hotel (Extended Stay America). FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration requiring landscaping and the replacement of the removed trees. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative DecIaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA200223#2 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2002-11, EA-2002-23 Agenda Date: March 10, 2003 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 120-room hotel (Extended Stay America). RECOMMENDATION That the Planning Commission recommend approval to the City Council of the: 1. Mitigated Negative Declaration, file number EA-2002-23; and 2. Use Permit application, file number U-2002-11, in accordance with the model resolution. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Height: Parking Spaces: General Plan Designation: Zoning Designation: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: · 1.37 acres. 120 rooms. 58,000 sq.ft. 50 feet consisting of 4 stories 126 spaces (100 underground and 26 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 urdts/ac). Yes. Yes. Hotel uses are allowed as a conditional use in tlie General Commercial zone. North De Anza Boulevard Plan. Mitigated Negative Declaration. Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. BACKGROUND The project was previously presented to the Piarming Commission on December 9, 2002. The Plarmtng Commission voted to continue the project and directed staff and the applicant to work on the following issues: Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 2 1. Easements - The property has three easements through the site. Two of the easements run along the northern edge of the property and are iine, pole and maintenance easements for ?G&E and PacBelI. A portion of the underground garage and the northeast corner of the proposed building were within the PG&E easement along the northern portion of the property. The applicants were required to obtain approval from PG&E for the project. 2. Architectural Design - The City's consultant architect, Larry Cartoon, and staff had recommended a number of design changes for the project. The Commission indicated that the drawings needed to show the building more clearly and directed the applicant to provide color elevations and two perspectives, preferably without the trees shown so that the building features could be visible. The applicant has provided colored elevations and one perspective of the front without the trees. 3. Pedestrian Easement - The Commission directed the applicant to explore a pedestrian easement to allow pedestrian access from the project site through properties to the south to Valley Green Drive. 4. Parking - The Planning Commission asked if the number of employees is realistic and whether additional parking spaces should be provided.. A detailed discussion is provided in this report. DISCUSSION Plan Revisions due to Easement Issues The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBell. A portion of the underground garage and the northeast corner of the building proposed on December 9, 2002, were located within one of the PG&E easements. On February 10, 2003, the applicants were informed by PG&E (see Exhibit B) that the building and underground garage could not be located in the easement and that no planting would be allowed in the PG&E easement area. The plans have therefore been revised to move the underground garage and building out of the PG&E easement (see plan set). The earlier northern building line (for the underground garage) was 10 feet away and parallel to the northern property line. The new northern property line is angled to match the PG&E easement line. The other building setbacks are consistent with the earlier plans. Staff spoke with a representative of PG&E who indicated that smaller trees were allowed in the easement. The landscaping is discussed later in this report. Written approval from the relevant agencies will be required as a condition of approval prior to issuance of building permits. Architectural Design The applicant has addressed some of the design issues discussed in the previous meeting. The City's consultant architect, Larry Cannon is generally satisfied with the revised project, but reiterated that issues that have not been addressed should be incorporated into the Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 3 project. %he following comments have been addressed: 1. Highlight the tozoer element - The applicant has enhanced the tower element with columns and supports to support the arched roof. 2. Provide real stone for the base - The revised proposal provides a beige sandstone base. 3. Colors- a. Vary the colors vertically (similar to the Cypress hotel building) rather than the proposed horizontal variation - The consultant architect indicated that the horizontal variation is preferable since it helps break up the height. The following issues have not been addressed in the plan and remain as conditions of approval: 4. Entry canopies - Angle the glass canopies at both entrances to make them more visible. Make the rear canopy symmetrical. 5. Roof Brackets - Provide doubled up metal brackets proportional to the building at the cornice and extend their length to the bottom of the frieze. Staff will work with the applicant and consultant architect to ensure that the brackets are proportional to the building. 6. Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with a seating area around the existing specimen oak tree - The applicant has provided a cobblestone paving at the base of the tree. Based on the arborist's report, the tree should be mulched. Therefore, the recommendation is to provide mulch at the base of the tree with paving stones at the far edge to the curb to create a path around the tree. 7. Colors- a. Consider more variation in color - The applicants have provided a "warmer" color palette with more variation. The consultant architect believes that the general direction is satisfactory. Staff will work with the applicant and consultant architect to refine final colors. b. Provide a lighter gray color for the window mullions and HVAC units rather than the proposed black. 8. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. 9. Windows - %he window detail shall be modified to provide a recess of at least three inches from the exterior wall face. 10. Pavers - Provide pavers in ail driveway and surface parking areas currently proposed to be'asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving is located on natural ground. 11. Lighting- a. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. b. Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. 3 Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 4 c. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. The following conditions have been added after staff became aware of additional design issues: 12. Stairs,from garage and concrete seatwalI in the front setback - The stairs should be relocated to the north side of the building so as not to be visible from the front along North De Anza Boulevard. The seatwall should have a sandstone facing and cap to match the building base. 13. Gutters and downspouts - shall be incorporated into the building wall so that they are not visible on the exterior of the building. Pedestrian Easement The Planning Commission was interested in exploring the possibility of getting a pedestrian connection with the properties to the south out to Valley Green Drive. The applicant contacted the property to the south and received a negative response (see Exhibit C). Staff believes that the private road connecting the property to Valley Green Drive and the meandering sidewalk along De Anza Boulevard provide adequate pedestrian connection to Valley Green Drive, and that another through pedestrian access is not necessary. Parking The Planning Commission questioned whether fire number of employees was realistic and whether additional parking spaces should be provided. Parking for the project consists of 126 spaces: 26 on-grade spaces and 101 spaces in the underground garage. The previous plans indicated 125 spaces. ESA has indicated that fire number of employees is about ten on a 24-hour basis, but no more than five (one receptionist, one manager, one assistant manager and two housekeeping staff) during a single shift. The City's parking code requires 125 spaces for the proposed building (one for each hotel room and one for each employee). Since the project provides 126 spaces, parking provided on-site is considered adequate per code. Staff also reviewed other hotel applications approved in Cupertino including: the Hilton Garden Inn, Marriott and Cuperlino Inn. The parking provided by the hotels is as follows: · Hilton Garden Irm (approved 1996) - 171 rooms/166 parking spaces (0.97 spaces/room). · Marriott (approved in 1986) - 149 rooms/151 parking spaces (1.01 spaces/room). · Cr!pertino Inn (approved in 1985) - 126 rooms/128 parking spaces (1.02 spaces/room). · ESA (proposed project) - 120 rooms/126 spaces (1.05 spaces/room). Staff is not aware of any parking problems at the existing hotels. Based on the above information, staff believes that the parking provided by the proposed project is adequate. Landscaping and Tree Protection The revised landscaping plan provides for 48 new trees instead of 49 new trees because of the new footprint. Earlier comments from the Santa Clara Water District (SCVWD) had required the 15 trees along the north property lJ_ne trees to be replaced with Redwoods. 4 Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 5 Since the trees are in the PG&E easement, the trees have been changed to Pyrus kawakami (Evergreen Pear) trees to allow ease of maintenance. Staff and the applicant will confirm this choice with the SCVWD. PG&E has also requested the removal of one redwood near the eastern property li2e under the poles and wires and that the London Plane at the northern corner along N. De Anza Boulevard not be planted. These will be made conditions of approval for the project as part of agency approvals. The revised plans bring the underground garage five feet closer and within 23 feet of the existing oak ~ree on the southern property line. The applicant's arborist (see Exhibit D) has evaluated the new plans and determined that the oak tree will not be impacted by the underground garage being located closer to the oak tree. The arborist has provided tree protection measures in order to ensure the health of the tree during and after construction. The provisions are contained in the recommended conditions of approval for the project. Staff has also consulted with another arborist to confirm the applicant's arborist's recommendations. The report will be made available at the meeting. A preservation bond wiI1 also be required to safeguard the existing oak tree during construction. Submitted by: Aarti Shrivastava, Senior Planner Approved by: Steve Piasecki, Director of Community Developmen~,o,,__ ENCLOSURES Model Resolution for U-2002-11 Initial Study Recommendation of the Environmental Review Committee Plan set Planning Commission staff report dated December 9, 2002. Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002 Exhibit B: Letter from PG&E dated February 10, 2003 Exhibit C: Letter from James Property Investments dated January 28, 2003 Exhibit D: Tree Survey, S.P. McClenahan Co., Inc. dated February 21, 2003 G: I ?Ia~rn'ng \ PD RE PORT I pc Ltser~7~orts I U-2002-11 (2).doc 5 CITY OF CUPERTINO 10300 Torte Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2002-11, EA-2002-23 Agenda Date: December 9, 2002 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 120-room hotel (Extended Stay America). RECOMMENDATION Staff recommends that the Planning Commission: 1. Discuss and continue the project to resolve design and easement issues. OR 2. Approve the following: a. Mitigated Negative Declaration, file number EA-2002-23 b. The Use Permit application, file number U-2002-11, in accordance with the model resolution. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Parking Spaces: General Plan Designation: Zoning Designation: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: EnvirOnmental Assessment: 1.37 acres. 120 rooms. 58,000 sq.ft. 125 spaces (100 underground and 25 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) ~ Planned Development (General Commercial Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Mitigated Negative Declaration. DISCUSSION Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 2 proposed 120-room hotel is four stories and 50 feet high, and includes a 100-car underground parking garage. General Plan and Zoning The General Plan designation is Commercial/Office/ResidentiaL The proposed building is consistent with the land use since hotels are allowed in (CG) General Commercial zones. The proposed project will require 120 hotel rooms to be allocated h'om the citywide pool (currently 284 rooms are available). The proposed 50-foot tall building is less than the maximum allowed height of 60 feet. The building bulk is also below the 1:1 slope line drawn from the edge of curb as required. The zoning allows hotels as a conditional use. Therefore, the project is consistent with the General Plan and Zoning. North De Anza Conceptual Plan The North De Anza Conceptual Plan provides development standards and streetscape requirements for properties Iocated south of Highway 280 to the north, Garden Gate subdivision to the west, Alves Drive and St. Joseph's church to the south, and Collins Junior High and properties on Larry Way to the east. The project compiles with the development standards as follows: · The project provides a 50-foot wide landscaped setback (measured from the curb) with a meandering sidewalk as required in the Plan. A public access easement is included in the conditions of approval to allow portions of the meandering sidewalk to be Iocated on private property. · The building is located adjacent to the street with parking in the rear. The building is consistent with the architecture along the street in conformance with the requirement for "architectural continuity" per the Plan. · A condition of approval requires the applicant to sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed, the applicant shaI1 be responsible for maintaining the landscaped area including the public right-of-way, in a manner acceptable to the City. Architectural Design The project site is in a prominent locat/on and is visible to people entering Cupertino from Surmyvale and from Highway 280. Therefore, development in this location will be expeqted to incorporate high quality architecture, building materials, landscaping, lighting, and special features including public art, a plaza, or a water feature along De Anza Boulevard. The hotel building is designed in a modern style to reflect the architecture of the Apple campus, the NetManage building, and office buildings along North De Anza Boulevard. The building is designed with the front lobby and entrance facing North De Anza Boulevard. The main entrance is located near the surface parking lot to the west of the building. Applications: U-2002-1~, EA-2002-23 Extended Stay.America December 9, 2002 Page 3 The proposed building is four stories high with a flat roof and cornice supported by metal brackets. The underground garage is mostly submerged and is screened with landscaping around the edges. The east elevation along North De Anza Boulevard has a tower feature with an arched roof supported by metal brackets and a glass awning on the first floor to highlight the entrance. The main building entrance to the west also has a similar glass awning feature. Individual HVAC units are located at the base of each window unit and will be painted to fit into the color palette. Windows in the tower area and the fourth story are accented by curved metal balconies and metal awnings. The facades are articulated with the entry tower, building plane changes, cornice elements, and windows (flush with the exterior wall) with awning and balcony features. The base consists of Ameristone (manufactured Dryvit material) and extends up to the entire height of the first story. Other exterior materials include tan and "China white" colored EIFS stucco for the main body of the building, black anodized aluminum windows and a gray-blue metal seam canopy roof. The balconies, brackets and awnings are proposed to be powder-coated aluminum in a "powder blue" color. The cornice and frieze also proposed to be a powder-blue color. The front landscaping maintains the existing redwood trees and the meandering sidewalk. A public art feature and plaza is proposed in the front yard along North De Anza Boulevard. The project also proposes to plan a variety of trees around the perimeter of the site and around the building. A material board will be available at the meeting. The project was reviewed by Larry Cannon, the City's architectural consultant (see Exhibit B), who had several design recommendations. Staff also recommends some additional design elements. Following is a summary of the recommended changes: 1. Highlight the tower element -Provide columns and supports to support the arched roof similar to the treatment at the Apple building. Adding supporting brackets to the arched roof and filling in the circular area with spandrel glass would also highlight the tower area. 2. Enhance entries - Angle the glass canopies at both entrances to make them more visible. Make the rear canopy symmetrical. 3. Building proportions - Provide more substantial roof supports at the cornice so that they are proportional to the frieze and can be seen when viewed from the ground. 4. Base - Provide real stone for the base instead of the proposed Ameristone material. 5. Colors- · a. Consider more variation in color (similar to the Apple building). b. Vary the colors vertically (similar to the Cypress hotel building) rather than the proposed horizontal variation. c. Consider a lighter gray color for the window mullions rather than the proposed black, so that the HVAC units do not stand out. 6. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the st~'eet. Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 4 7. Paths - Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with a seating area around the existing specimen oak tree. Staff will work with the applicant and the City's design review architect to incorporate the above changes and bring the project to the Planning Commission on January 13, 2003. Staff also recommends the following design recommendations to elThance the quality of the building and site: 8. Windows - Recess windows to a minimum of 3 inches from the exterior wall face. 9. Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving located on natural ground. 10. Lighting- a. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. b. Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. c. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. The design recommendations have been added to the conditions of approval. Traffic & Circulation Traffic Analysis A traffic report was prepared by Fehr & Peers Associates, Inc. in June 2002 (see Exhibit A for summary of the report). The traffic report compared the proposed use to trips generated by the existing restaurant. The existing restaurant use generates 951 daffy trips, while the hotel generates 749 daily trips, resulting in a net decrease of 203 daily trips. Since the restaurant has been vacant for over two years, the traffic study did not assume a credit for the existing use. The study was conducted with all 749 daily trips attributed to the hotel. Based on this assumption, the project is not expected to cause significant impacts to the level of service (LOS) at key intersections. Therefore, no mitigation measures are required. A condition of approval for the project will also require provision of a shuttle service to take customers to and from airports. Access to the project site is provided through a shared driveway on Valley Green Drive. The site has two access points, a south entry to the surface parking lot and main building entrance, and the north entry, which accesses the underground garage. As indicated by the traffic analysis, the driveways provide adequate capacity to enter and exit the site. The Fire Department has reviewed the project and determined that emergency vehicle access will be adequate. Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 5 Parking Parking for the project consists of 125 spaces: 25 on-grade spaces and 100 spaces in the underground garage. The City's parking code requires 125 spaces for the proposed building (one for each hotel room and one for each employee). Therefore, the parking provided on-site is considered adequate. The project will need to provide racks for seven bikes (5% of the required automobile parking for the proposed project). The bike racks w/il be located in the parking lot area. Neighborhood Cut-Through Project traffic is expected to approach and depart via De Anza Boulevard. Some traffic may use neighborhood streets such as Stelling Road, Valley Green Drive, Greenleaf Drive, and Beardon Drive. The project is expected to add a total of 37 vehicles per day and 3 vehicles during the PM peak hour to these streets. Therefore, the project will not result in sigmificant impacts to the immediate neighborhood. Pedestrian and Bike Paths The design of the site includes a well-defined bike path along the northern property line of the site. Staff recommends that the proposed five-foot wide bike path be widened to at least seven feet. Staff additionally recommends that an additional five-foot wide path be provided along the southern property line to allow access through the site. These recommendations have been added to the conditions of approval. Tree Removal The project proposes to remove 12 trees on the project site to accommodate the building footprint and underground parking garage. They include: four Ligustrium japonica, one 6" Oak, one Ash and one Redwood on the north property line, one Japanese Maple, three Eucalyptus and one Melaleuca to the south of the sitei None of the trees proposed for removal is a Specimen or Heritage tree per the City's Murdcipal Code. The project proposes to plant 49 new trees as mitigation for the removal. These include: 12 London Planes along North De Anza Boulevard and the private driveway to the west, 15 Cherry trees along the north property line, 19 Chitalpa (Desert Willow) trees around the buildfl~g, and three Redwoods on the south property line. Protection measures and a preservation bond will be required to safeguard the existing oak tree, located to south of the site, during construction. The Fire Department has also requested that trees directly adjacent to the building be relocated away from the building to allow ladder access for rescue. In accordance with the comments from the Santa Clara Water District, the 15 Cherry trees to the north of the project site will be replaced with Redwoods. The Santa Clara Valley Urban Runoff Pollution Prevention Program is recommending planting of pest resistant trees to reduce impacts of pesticides on storm water runoff. The proposed Ash trees will be required to be of the Fraxinus Americana variety, and the Platanus Acerfolia will be required to be of the Platanus "Bloodgood" variety. Ail the above items have been included in the conditions of approval. AppIications: U-2002-1t, EA-2002-23 Extended Stay America December 9, 2002 Page 6 Signage Signage is not included in the approvals of this application. The applicant will be required to provide a sign program to be approved by the Desig2~ Review Committee. Signage will require consistency with the architecture, colors and materials for the proposed building. Sanitary Sewer Sanitary sewer service is available to the site. The applicants, like other users of the system, will be required to pay District fees and obtain a permit for construction of the project. A condition requires that if necessary improvements are required, they shall be completed prior to building occupancy. Storm Water QuaIity Management The Regional Water Quality Control Board is requiring local agencies to reduce impervious surface and incorporate storm water quality design techniques in their new projects. The current project site has a restaurant building and a large paved asphalt parking lot. The applicants have indicated that the proposed project is not expected to increase impervious surface area. A condition of approval requires the applicants to provide pre-development and post-deveiopment drainage calculations to determine whether stormwater run-off reduction measures are required. Easements The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBell. A portion of the underground garage and the northeast corner of the proposed building are within one of the PG&E easements. The third utility easement for California Water Company runs along the western edge of the property. The edge of the garage is adjacent to the easement line. The applicants have been working with the agencies to get approval for the project plans with respect to easement restrictions. Written approval from the relevant agencies will be required as a condition of approval prior to issuance of building permits. Santa Clara Valley Water District The rtorthern property line of the site is adjacent to the flood channel along Highway 280, which is managed by the Santa Clara Valley Water District. The District has done a preliminary review of the project and recommended that the Cherry trees along the northern property line be replaced with redwoods as mentioned in the discussion of the landscape plan. A condition of approval will require a letter of clearance from the District prior to issuance of building permits. Applications: U-2002-11_, EA-2002-23 Extended Stay America December 9, 2002 Page 7 Transient Occupancy Tax The proposed Extended Stay America hotel is geared towards clientele that may stay for long periods of time. Stays over 30 days are more characteristic of apartment dwellings and are not required to pay the City's Transient Occupancy Tax (TOT). Since this approval is granted for a hotel and not for an apartment building, a condition of approval will require a limitation on reservations to a maximum of 29 days. Ail occupancies shall be required to pay the City's transient occupancy tax. Environmental Review The Environmental Review Committee recommended a Mitigated Negative Declaration with the 49 trees to be planted as mitigation for removal of 12 trees. ENCLOSURES Model Resolution for U-2002-11 Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002 Initial Study Recommendation of the Environmental Review Committee Plan set Submitted by~ Aarti Shrivastava, Senior Planner Approved by: Steve Piasecki, Director of Community Development~v~ G: \ Planning \ PDREPORT\pcUsereports \ U-2002-11.doc CITY OF CUPERTINO 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF PLANNING COMMISSION ItELD ON DECEMBER 9, 2002 SALUTE TO TItE FLAG ROLL CALL Commissioners present: Auerbach, Chen, Saadati, Wong, Chairperson Con' Staff present: Steve Piasecki, Director of Community Development; Ciddy Wordell, City Planner; Aarti Shrivastava, Senior Planner; Eileen Murray, Assistant City Attorney APPROVAL OF MINUTEs: Minutes of the November 12, 2002 regular Planning Commission meeting: Com. Wong requested the following change to Page 13, 6th paragraph: "Rural Journal" should read "World Journal". Page 14, 5th paragraph, delete the sentence and replace with 'Com. Wong said that relative to the orange mesh, he understood the General Plan for the Heart of the City was 45 feet, and questioned the 55 foot height." Com. Saadati requested that on Page 11, last paragraph: change "added" to "adds". Com. Auerbach requested the following changes: Page 9, 2nd paragraph: delete "they" and insert "current rules" Page 11, 5th paragraph: delete "and were plumbed for electric"; next line, delete "concurred with" and insert "noted according to". Same paragraph, delete "but questioned if there was a need to have 7 to move around." Second last line of paragraph, change "of flexibility" to read "or flexibility". Third last paragraph, line 6, delete "and something to start thinking more like a bigger city Cupertino is becoming, and consider having to park around the comer to visit the dentist." Page 26, 3ra paragraph, second line: delete "is" and insert "seemed to be". Page 26, 4th paragraph, delete paragraph and replace with: "Com. Auerbach said he felt they should move forward with due alacrity, but it will be seen as moving too fast; perception being reality, we should get more input. He said it was unfortunate that it has come to this, as they could be conducting other business." Com. Wong added that on Page 27, 4th paragraph, line 8, change "VTA doesn't want" to "VTA does need". Chair Con' requested that on Page 28, line 4 "said" be changed to "asked". Planning Commission Minutes 2 December 9, 2002 MOTION: SECOND: VOTE: Com. Saadati moved approval of the November 12, 2002 minutes as amended. Com. Wong Passed 5-0-0 The November 25, 2002 minutes were not presented. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: Application Nos.: Applicant: Location: M-2002-09, EA-2002-08 Matt Pietras/Sim Architects Mercedes Road (Assessor's Parcel No. 342-22-044) Modification to a hillside exception (EXC-2001-07) to construct a 3,008 square foot residence on a vacant lot on slopes greater than 30%. Planning Commission decision final unless appealed. Request postponement to January 13, 2003 Planning Commission meeting MOTION: SECOND: VOTE: Com. Auerbach moved to postpone Application M-2002-09, EA-2002-08 to the January 13, 2003 Planning Commission meeting Com. Chen Passed 5-0-0 ORAL COMMUNICATION: None CONSENT CALENDAR: None PUBLIC HEARING Application Nos.: Applicant: Location: U-2002-11, EA-2002-09 Freuheit & Ho Architects, Inc. 10745 No. DeAnza Blvd. Use Permit to demolish a vacant restaurant (Santa Barbara Grill) and construct a 120 room hotel (Extended Stay America) Tentative City Council date: December 16, 2002. Staff presentation: The video presentation reviewed the application to demolish the vacant Santa Barbara Grill restaurant and construct a 120 room Extended Stay America hotel, as outlined in the attached staff report. Ms. Aarti Shrivastava, Senior Planner, reviewed the project description, General Plan and zoning; North DeAnza Conceptual Plan, architectural design as outlined in the staff report. She reviewed the recommended changes by Larry Cannon, the City's architectural consultant as set forth on Page 3 of the staff report. Ms. Shrivastava reviewed the traffic analysis, noting that there would be no significant impacts to the level of service at key intersections. A condition of approval Planning Commission Minutes 3 December 9, 2002 requires the provision that the hotel provide a shuttle service to and from airports. There will be an underground parking garage as well as surface parking, and the Fire Department determined that emergency vehicle access is adequate. She reviewed the parking requirements, neighborhood cut-through, pedestrian and bike paths, tree removal, signage, sanitary sewer, Storm Water Quality Management, easements, and transient occupancy tax (TOT). Staff recommends that the Planning Commission discuss and continue the project to resolve several of the design and easement issues. She noted that the Planning Commission has the option to approve the mitigated negative declaration and use permit application in accordance with the model resolution. Relative to the sign ordinance, Com. Auerbach asked when similar projects come forward, if the sign plan should be presented at the same time. Ms. Shrivastava responded that they usually do; if there is not a coordinated sign package available at that time, it is required as a condition of approval that they go to the Design Review Committee with a sign program. She noted that it was a condition of approval. Com. Auerbach said that he felt in this case it was important because access to the site is tricky. He said it was important to understand the competition for signage on the street, and understand how it will look, and how people are going to find their way in. He expressed concern about pedestrians crossing DeAnza Boulevard. Ms. Shrivastava said that the autos will have to use Valley Green Drive and take the private drive to the site as is done presently, as the city does not have auto easements through lots. She said some people will cross to get to the Outback and it may be an issue with BJs. In response to Com. Auerbach's concern about managing the public art, Ms. Shrivastava said that the applicant said they would work with the city to accommodate ideas for the art display. Com. Auerbach said that it would be the opportune time to defer to the Fine Arts Commission for assistance in selecting pieces of art. Mr. Piasecki said that the Planning Commission could specify in the conditions an overall maximum cost for the public art and their desire that it be larger or more visible and then communicate that to the Fine Arts Commission Com. Auerbach referred to the site plan and said he was pleased to see the large number of trees being replaced. He said he was concerned that the trees located near the buildings have adequate space to grow to maturity. Ms. Shrivastava said the trees would be over an underground parking garage and will have some limitations in terms of how big they will grow, but the perimeter trees do have adequate space to grow. Ms. Shrivastava explained the management of the TOT, noting that the client would check out after 29 days and re-register. Mr. Piasecki pointed out that the wording in the condition states reservation, not the length of stay. Com. Chen had no questions. Com. Saadati said he also had concerns about the access to the hotel. He questioned the height of the building next to it; the condition to the rear as the aerial does not show the properties; and questioned if there was a proposal to improve the private drive. Ms. Shrivastava responded that the building height was comparable, the other building is three stories but with taller plates; both are flat roofs; the back contains a public storage facility. She said that Public Works usually requires improvements and they would probably have some area where you would walk and people are usually required to pave about half of the road in the frontage as part of the public improvements required. She said for the bike path they were recommending pavers but would be happy to consider other options. Com. Saadati said that use of permeable materials would be consistent with the stormwater runoff. Planning Commission Minutes 4 December 9, 2002 Com. Wong and Chair Corr had no questions. Mr. J. R. Rodine, Extended Stay America, said that the project conformed to the zoning, the General Plan, and there were no issues with regard to use and the nature of the use proposed at the site. He said they met ali the various different development criteria for setbacks, height, and traffic was not a major issue. He said in light of staffs recommendation to continue the application to January 13th, they would address questions from the Planning Commission regarding the design rationale, and also have clarification on questions after reviewing the staff report. Mr. Rodine responded to Com. Auerbach's issues. He said that relative to signage, they would like to retain the directional signage into the site as it exists now for the Santa Barbara Grill adjacent to No. DeAnza Boulevard. Hopefully they would be able to apply for an encroachment permit, and architectural review will be necessary. He said they would like to have as much offsite visibility as possible because the access is somewhat limited. He noted that relative to the pedestr/an traffic along the south side of the building, a hedge exists along the property line, principally on the NetManage site of the property line, which would make it difficult for people to go in between the two buildings. In order to open up the solid hedge they would have to secure cooperation and support from the adjoining property owner, or their perrmssion to have the hotel guests walking across their property. He said they would contact the property owner; however, because of insurance and liability issues it may not be as practical as having people follow the meandering pedestrian course along No. DeAnza Boulevard, or go back to the private road easement which serves principle access to the site and would be safe to walk over for example to the Outback Steak House or take other intersections and cross No. DeAnza in order to be able to safely arrive at the other side of the roadway. Relative to the display of public art, Mr. Rodine said they were interested in feedback from the Planning Commission. He said they had considered a sculpture or a water fountain, and the idea of rotating art displays, or contributing to a fund to purchase art and rotate it to different areas. He said that they preferred a sculpture rather than a fountain because of the maintenance involved with a fountain. Regarding the issue of the transient occupancy tax (TOT), and checking clients out on day 29 to avoid the loss of the TOT, he said they have a mechanism in place to check out a client and simultaneously recheck them into another room to preserve the TOT. He said it is a common practice, and done with timeshare condos as well. Relative to the landscaping, Mr. Rodine said they have worked with staff and share the concern about placement of trees, their maturity rate, how close they need to be planted, and size to be planted. He asked that the Planning Commission consider allowing the planting of the uniform 24 inch box tree throughout the entire site, as he felt there was no guarantee that a larger tree would grow faster or mature quicker, and the cost for a 24 inch box tree is approximately $265 compared to $1,I00 for a 48 inch box tree. He said he felt they could accomplish the same thing with a combination of existing landscaping and the ability to replant at a 3:1 ratio for the 12 to 13 trees being removed. He said the savings could be transferred to other things needed on the site. Mr. Kevin Chao, architect, addressed the easement issue. He said they were currently working on a floor plan to stay out of the easement area. He referred to illustrations of the PG&E easements, and showed the reconfiguration of the building so that the building would not be in the easement; and noted that they were in the process of working with PG&E to clarify the other easement. Mr. Chao addressed some of the staff concerns relative to design issues, noting that they worked with staff on the colors and building design itself; the curved roof portion matches what is in the neighborhood; colors and materials are compatible with what is in the area now. He said they Planning Comrmssion Minutes 5 December 9, 2002 preferred the Ameristone product, which although the cost was similar, was more durable and would last longer. Mr. Rodine said that staff recommended recessing the windows for a punch look. He said they studied the HVAC unit under each window in the guest rooms and found that it was a problematic issue because of the waterproofing. In studying the details of waterproofing and making the building weather tight, he felt in the future recessing the windows would cause problems with leakage into the building and the subterrain. He said his proposal to staff was to add to the base of the building up to the first floor an extra 3 inches of foam to give the base of the building a punch window look. Mr. Chao said that in the packet in the elevation itself there is a decorative band that divides the base and the upper floors and the finished treatment of the base is actually different from the upper floors. Relative to colors, he said they would work with staff recommendation of moving away from the black to a lighter gray or greenish color, and look at different colorations on the building to give it more verticality rather than horizontal look in terms of the white there, and the entire popout can be white rather than white and yellow. Chair Corr recommended using the decorative stamped concrete pattern, with coloration added if needed, rather than the pavers for the bike path area, and the walkway to the entrance of the hotel. Mr. Rodine said that they agreed with staff relative to the treatment, and would like to dress that up, but from the standpoint of preserving the parking garage, he said pavers made it easier to prevent undue moisture penetration and also give the additional moisture barrier they were seeking. He said he was hopeful that the Planning Commission would allow them to go in with staff support on that particular item. Mr. Chao said that in the Plaza area up front, near DeAnza Boulevard they proposed benches in the back with a sculpture in the area, lit at night. A pedestrian friendly area was being planned also, but because of the limited space on the south side of the property line, they would study the area to see if they could accommodate staff's suggestion for some type of pedestrian connection. Mr. Rodine also noted that because of the limited space and the potential of encroaching on the neighbors, a pathway in varied widths could be provided, perhaps in the form of decomposed granite, and in areas where there is grass, the amount of grass might be reduced in certain locations to accommodate a pathway. Relative to lighting, Mr. Chao said that he had not yet submitted any cut sheets or selected fixtures or ballards, and would have the complete package of lighting and sample cut sheets at the January 13a~ meeting. In response to Com. Wong's question of how many employees were expected for the 120 room facility, Mr. Rodine said that there would be 8 to 10 employees in a 24 hour shift. He reiterated that the main function of the Extended Stay America hotel was to serve the business community, not,,operate a restaurant, nor provide large meeting and banquet facilities, hence their need for a lot employees does not exist. He said the parking allotment is one space per room and one space per employee. Ms. Shrivastava said that she was told that for every shift they would have 5 employees. Com. Wong said that 5 employees was a very small number, and he had a concern about the parking. He also questioned the availability of the shuttle van, asking whether it was 24 hour service or shorter. Mr. Rodine said the actual employee count on any one shift was a maximum of 5, noting that particularly during the night, the count decreases since there is not a full contingent of housekeeping staff in the building. Mr. Rodine said that the condition relative to the shuttle van had not been anticipated in previous discussions with staff. He said that the majority of clientele usually drive their own vehicles or rental cars and they go out to other Planning Commission Minutes 6 December 9, ')002 facilities for meetings. Since the facility is quite a distance from the airports, they are aware they have to address a transportation management plan, and may consider the possibility of contracting with an outside entity to provide van service on an as-needed basis, or a private taxi cab company. Com. Wong reiterated his concern about the number of employees per shift, stating that he felt there would be more than 5 per shift including front desk, engineering, and general manager. He asked staff to follow up on the issue. Com. Saadati questioned if parking was going to be under the building and also in the driveway or parking area; and how is water prevented from seeping into the parking. Mr. Rodine said that parking would be underground and also in the driveway and parking area. Relative to the water seepage, he said that they were proposing the stamped concrete or decorative concrete on top where there are 25 spaces. Mr. Chao explained that on the deck of the roof of the parking garage, there is a post tensioned concrete deck, that can be waterproofed on top, and put another layer of finished concrete on top of that, with the decorative pattern, broom finish, or stamped pattern. The top deck would be sloped to certain drains throughout the parking area; planters are all raised concrete waterproof planters so that everything on top of the deck is contained. Responding to Com. Saadati's question about percentage of permeable material vs. non permeable material, Ms. Shrivastava said that the applicant has yet to give calculations to the Public Works Department, and will provide them at the January meeting. Com. Saadati said he would like to see the runoff maintained as much as possible, with some filtration because of potential oil drippings from the parking lot. He questioned how it would be filtered before it reaches the stormwater system. He said there was not enough green in the area, and if most of the planters are raised, there is no way to filter naturally. Ms. Shrivastava said they would be sloping down towards the edge of the site and staff was hopeful that some features could be built to maximize the filtration. Com. Saadati suggested a path with pavers with grass or decomposed granite to help provide balance. In response to Com. Chen's question about the type of clientele that the hotel served, Mr. Rodine said they were mostly exclusively business travelers, either relocating to the area and using the facility while finding a more permanent facility, or people coming in for sales calls or training. Many of the residents stay from two or three nights to five or six nights, with a nightly rate or a weekly rate; generally people do not stay more than 25 to 30 days maximum. He said that there were also people who commute long distances from their residence, and stay at the hotel part of the week and then return home over the weekends. He indicated that the rooms included a microwave oven, fridge, oven and a dining table. Mr. Steve Forsgren, real estate manager for Extended Stay America, said that the typical client was a 45 year old male, $70K annual income, toting his laptop; 75% of the clients to stay four days or longer, 7% stay over 30 days. The segment of the market is the extended stay, hotels are designed for the extended stay customer and are equipped with a kitchenette, no restaurant on site. Com. Auerbach illustrated photos of the Extended Stay America on Mission Boulevard in Fremont he recently visited, and asked how it compared in interior and exterior to the proposed project. Mr. Rodine said that the interior of almost every Extended Stay was identical, with minor variations on the exterior landscaping, how it is designed, number of parking spaces, whether or Planning Commission Minutes 7 December 9, 2002 not there is a small exercise facility, and some with meeting rooms provided. Com. Auerbach said that the staff was very accommodating to his visit. He asked for an explanation of the Extended Stay America Plus Suite. Mr. Forsgren explained the three types of units: Extended Extended Stay America, Studio Plus and Crossland. Crosslands are located in the Sacramento area and are downsized, more budget oriented, stark units. Extended Stay America is the middle run and studio plus are a slight upgrade sometimes with a pool or exercise room, and larger rooms. He noted that they found they were receiving the same rates for a studio plus, yet they were more costly to build, hence they focused on the standardized design of the Extended Stay America units. He said that clients paying per day received daily change of linens and room cleaning, and those paying weekly, receive twice weekly change of linens and rooms cleaned twice a week. Mr. Chao said that compared to the Fremont building, the Cupertino had decorative bandings, railings, extended cornices, and did not have the prototypical windows that some of the other buildings had; the Fremont building was a typical four story building with a pitched roof, with medium gray asphalt shingle roof and was considered a "no frills" building. In response to Com. Auerbach's request for comment on highlighting the tower element, as the rendering did not reflect staff's request for additional colurrms and some sort of translucency similar to the Apple building, Mr. Chao said that he had been working with staff for some time on the issue. He illustrated that transparency in the roof was being achieved in a different way than Apple's building. Com. Auerbach requested that the January presentation include a computer rendering without the trees and with the trees as well, with the reverse angle shown. He questioned the use of the Ameristone product, noting that if the genuine product and faux product were similar in cost, real stone would last longer and would be the logical choice. Mr. Joe Vierra, construction manager, said that part of their concern was the overall waterproofing of the building. He noted past problems with waterproofing of the buildings, and felt from the standpoint of long term maintenance, the Ameristone product was preferable. He said they would work with staff for a viable solution if the real stone product was the choice. Com. Auerbach asked for an explanation of the waterproofing, and said that he was not pleased with the idea of using stamped concrete, as he felt it was not the desired look and permeability was an issue. He said they did not understand how the stormwater would be managed since the site is essentially entirely paved; and said reconsideration of a cistern or a fountain in the front area may be necessary. Mr. Vierra said that waterproofing the parking structure was included as part of the design of the landscape engineer and the civil engineer. He said the water will get through the planter boxes, but will have a drainage system that basically will pipe it out into the storm system and keep it away from the subterranean parking structure. He said they hired consultants to ensure that the water would not come down into the parking structure. He said it would be studied further on how to recess it to put the pavers on top, since putting pavers on top of concrete lends itself to chance of cracking and more long term damage. Mr. Vierra said that the stamped concrete is actually part of the parking structure and part of the proposal would be to incorporate the stamped concrete into the top level of the parking structure which would be the whole parking. Planning Commission Minutes 8 December 9, 2002 Com. Auerbach said that he preferred the recessed windows rather than the proposal to adhere three inches of foam on the outside of the first floor. The city's architectural consultant also recommended the recessed windows for a higher quality appearance. He also recommended that the applicant talk to NetManage and adjacent property owners about pedestrian access. He asked that the January presentation include an illustration with dotted lines showing where people would actually walk to the restaurants in the area. Mr. Robine said they would work with the neighbors, and said it would be helpful if staff would consult with the traffic study consultant regarding the pedestrian comings and goings and bicycle paths for additional input on the best possible plan. Com. Auerbach said that the city often seeks help in similar areas, and would be interested in helping to establish this because they are in general trying to provide support for both pedestrian and vehicle to share the space, rather than everyone have exclusive space. Com. Auerbach questioned the confidence level of the applicant that he could build close to the oak tree, so close to the root structure. He noted a recent article about a large oak tree in Rancho San Antonio which has the potential of being the largest tree in the U.S. if the adjacent racquetball court or tennis court is removed to allow water to get to the roots on one side of the tree. He said that pavers may be the better solution for the tree's sake. He said the applicant was faced with a difficult challenge to excavate around the tree strip line. Mr. Robine said that it would be accomplished with the supervision of an arborist. He said there was a $50,000 bond required, and that the tree was of value to them, and they were comfortable that they could protect the tree without severely damaging any of the sinker roots or buttress roots and without impacting the spreader roots. Com. Auerbach noted that the Mission Boulevard facility's rates were substantially lower, as low as $65 a night; and had construction workers staying there for extended periods of time. He questioned whether the description of the expected clientele at the proposed Cupertino facility was accurate. Mr. Robine said that the clientele in Cupertino was more the mid-level white collar business person in the area on business. He said the Cupertino project differed in building design and had underground parking. Chair Corr opened the meeting for public comment. Ms. Barbara Perzigian, 10889 No. DeAnza Blvd., manager of the Cupertino Inn, asked that consideration be given to the socio-economic issues that are very real in the hotel business now in Cupertino. She said the Cupertino Inn was the first hotel in Cupertino and has been in existence for 16 years. She said she did not fear competition; noting that since the Cupertino Inn opened, there have been three more hotels opened in close proximity. Ms. Perzigian said she was concerned with over-saturation in the market which would have a detrimental effect on the existing hotels, on revenues that the city collects from occupancy tax and especially on the people who have been living and working in the hotels. She said that the hotel business across the nation has been hard hit by the recession, and Silicon Valley has been hit the hardest, with no indication of how long it will continue. The supply of hotels now exceeds the demand because of the many projects built or that were in the planning stages before the recession hit. Visitors to the Bay Area stay in hotels in the area they are visiting, and the mass exodus of businesses out of Cupertino has also reeked havoc on the hotels in Cupertino; and companies once producing 800 rooms a month are now only producing 100 per month, which is driving the hotel rates down, resulting in reduced revenue for the city. Some hotel staff members have lost their jobs, while others are having their hours reduced, and are looking for second jobs. She said the urgency of her appeal, is not being Planning Commission Minutes 9 December 9, 2002 afraid of competition or about making profits, but is about making enough money to pay the operating costs and staying afloat. She said clients don't see better times on the horizon. She urged that consideration be given to the socio-economic impacts, and said that because of the economy, the proposed project is the wrong project, at the wrong time and wrong place. Ms. Kristen Olsson, 1139 Yorkshire Drive, Marketing Manager for the Cupertino Inn and Grand Hotel, said there were basically four producers in Cupertino: Hewlett Packard/Compaq/Agilent, Symantec, Apple, and Rational Software, which were the volume producers for the hotels in the Cupertino area. She said there has been a mass exodus from Cupertino and many companies are struggling, and the Hewlett Packard/Compaq merger put the brakes on movement. She said Cupertino is growing, things are changing; it is a wonderful community; however, it is a difficult time to venture into a new property. She said with the competition and what is happening with room rates and the occupancy tax, it may be better to wait a few years until things come back. She encouraged more market research before making a decision on the project. Ms. Lisa Kershner, General Manager of the Cypress Hotel, echoed the concerns of the two previous speakers, and said that opening the Cypress Hotel in July 2002 was a surprise to all as they saw sunny skies and great things ahead in Cupertino; but noted that it has been a struggle and a rude awakening for the five months since opening. They hoped for certain rates and have been forced to lower them because of the economy. She said she was also concerned about the class of people that Extended Stay America would draw to Cupertino; the rates are actually much lower than $109, and worry exists about what a limited service hotel would do to the city as well. She encouraged the Planning Commission to take all factors into consideration and consider the socio and economic factors as well. Ms. Jody Hansen, Executive Director, Cupertino Chamber of Commerce, said that she supported the existing hotels in Cupertino and recognized the charge of the city to create revenue enhancements and also the charge of the Planning Commission in its responsibility to determine a project's compatibility with the city building and design requirements. She said the project appears to conform to existing developmental guidelines; however, as stated before, the hotels are serving the same corporate clientele. The city needs to consider the revenue impacts if these hotel properties all have to compete for dwindling business in the current depressed economy. Until the economy fully recovers the hotels will face ongoing market challenge that may pose serious hardships. While Cupertino may gain a good new project, it may be at the expense of an established business that has provided more jobs to the community. She said she was hopeful steps could be taken so that this situation does not happen. She recommended that the city work actively with those businesses to identify ways to increase occupancy for all properties and to avoid cannibalizing TOT. Chair Con- closed the public hearing. Mr. Piasecki explained the role of the Planning Commission. He said that wherever there are current standards, development standards, or current policies in the General Plan, they define the parameters of review; staff and the Planning Commission do not venture outside of that as a rule; they have not taken any position and there are no policies that would suggest that they would substitute their judgment for the free market mechanism, the so-called invisible hand of the free market system. He said there are policies that specify for a particular applicant, they will invoke a particular policy, if there is one they would have been informed about it on day one, as opposed to many months into the process. He said he felt the product that they are proposing targets a market segment that seems different from Cupertino's existing hotel structure. He said he understood the Planning Commission Minutes 10 December 9, 2002 concerns they were addressing, but did not know if there is any way to invoke or bring that discussion into the consideration; therefore he said he would not recommend that the Planning Commission go there. Com. Chen said that after looking at all the recommendations for changes, she looked forward to the next meeting when ail the issues would be addressed, including the lighting package, illustrating what the lighting fixtures are going to be like; the circulation plan that Com. Auerbach brought up; and also the pedestrian plan. She said she appreciated Com. Auerbach's photos as it provided a better understanding of what the rooms were like. Relative to the use of faux stone vs. real stone, she said she understood the waterproofing issue, but would like to see a sample as Com. Auerbach pointed out was discussed in the previous project. She said she understood the maintenance issue but felt quality was just as important. She said she felt strongly that the window recess adds a lot of design feature to the building, and would like to see it done. Color change was agreed by the applicants and is not an issue. Com. Chert said the vertical feature around the windows was agreed upon and she would also like to implement it; she said she preferred the pavers vs. the stamped concrete for functional reasons. The signage plan will be presented at the January meeting; she said she felt the sculpture would be preferable to the fountain, but that it should be referred to the Fine Arts Commission. Mr. Piasecki said they would typically work with the applicant and define what the element would be, whether it be rotating art, sculpture or fountain, or both. He said he felt the fountain had a secondary benefit, as it would provide background sound and eliminate some of the traffic noise for clientele as they sat on the patio enjoying the outdoors, perhaps having coffee. Com. Auerbach said he concurred with Com. Chen and said his earlier remarks expressed his feelings and concerns. He congratulated Extended Stay America for attempting to include Cupertino's higher standards. He noted that they still had a little way to go, but felt confident they would make it. Com. Saadati concurred with Coms. Chen and Auerbach. He said based on his 18 years of construction experience, he felt waterproofing could be accomplished. He said water will find its way and there is a way to do the sequencing and topping materials, that will prevent the seepage and in general by using different color on the building and recessing, it will make it more active. Com. Wong said he concurred with many commissioners' comments made, but was still concerned about the tight parldng. He said he hoped staff would look into it, and talk with the applicant regarding the number of daytime staff, including housekeeping staff. He said he looked forward to seeing the sign ordinance and circulation, noting that he missed the driveway coming from Valley Green Drive. Regarding the stone, he said he wanted to see samples of the Ameristone vs. the real stone; stating he was open minded about that as he understood the con~cerns about construction. He said he agreed with staff on their suggestion about the window recess; he said he preferred the pavers over concrete stamping; and said he would refer the public art back to the Fine Arts Commission as they have several sculptures they would like to place. Relative to the private driveway at the end, Com. Wong asked staff to consider making the driveway more presentable at the end, as it dead ends at the freeway. Ms. Shrivastava said that presently it ends at the drainage channel and is fenced to prevent people from going there. She said that they would consider landscaping it to make it look more attractive. Regarding the pedestrian plan as Com. Auerbach suggested, Com. Wong said he supported the concept of creating more pedestrian friendly walkability to the nearby restaurants, and supported the applicant speaking with the neighbor about the issue. He said that he empathized with the Planning Commission Minutes H December 9, 2002 Cupertino hotel managers and the Kimpton Group regarding earlier comments on the economy and the effect on the hotel business. He said he was aware that occupancy rates are really suffering, but Cupertino is mainly a corporate hotel town and the meeting is to address land use. Chair Corr said he supported the tower element and highlighting it; relative to enhancing the entries he said he would like to see more detail on the entry area, including the trees in the area, at the January meeting. Relative to the use of faux vs. genuine stone, he said he preferred the use of real stone if the cost was comparable. He said he agreed with the colors going vertically rather than horizontally. Chair Corr said he wanted the clients of the hotel to be able circumnavigate the hotel. Ms. Shrivastava said there was a pedestrian access around most of the building, but they were looking to add access to the restaurants and to the south side of the site. Chair Con' said that in terms of the pavers, he agreed there was a way to accomplish it; there are special problems because typically with pavers, they are trying to let the water into the soil and let it seep the soil, where here there is a massive concrete slab. He said he felt while the stamped concrete can create a look, it wasn't what they were trying to get. MOTION: SECOND: VOTE: Com. Auerbach moved to continue Application U-2002~I 1, EA-2002-23 to the January 13, 2003 Planning Commission meeting Com. Chen Passed 5-0-0 OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION: Environmental Review Committee: Chair Corr reported that the ERC had not met since the last Planning Commission meeting, and would meet Wednesday, December 11 th. Housing Committee: Com. Chert reported that no meeting was held since the last Planning Commission, and the next meeting would be held Thursday, December 12th. Mayor's Breakfast: The Mayor's Breakfast will be changing to an afternoon event, and notices will be forthcoming. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki highlighted Ms. Shrivastava's memo on the E1 Camino Real feasibility study for Palo Alto. He also reported on his attendance at a Smart Growth conference sponsored by the local government commission in Lodi. DISCUSSION OF NEWSPAPER CLIPPINGS: Chair Corr noted the article on Steve Piasecki. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. to the next regular Planning Commission meeting, at 6:45 p.m. on January 13, 2003. Respectfully Submitted, Approved as presented: January 13, 2003 Elizabeth Ellis Recording Secretary EXHIBIT A FINAL REPORT TRANSPORTATION IMPACT ANALYSIs EXTENDED STAY AMERICA HOTEL (Cupertino, California) Prepared ~or: City of Cupe_rfino' · Prepared by: Fehr & Peers Associates, Inc. F~nn 6~ PEEKS' " TRANSPORTATION CONSULTANTS November 2002 · www. fehrandpeer$.com · ' ~ ' ,- Cupkrtino ESA HoteZ November 2002 m{ EXECUTIVE SUMMARY This report presents the results of the Transportation Impact Analysis (TIA) conducted for the proposed Extended Stay America (ESA) hotel in Cupertino, California. The purpose of the analysis is to identify the likely transportation impacts ora proposed project on the surrounding roadway system and to /dent/fy improvements to mitigate significant impacts. The Project includes a 120-room hotel. A vacant 7,300-s.f. restaurant currently occupies the site. The project site is bounded by 1-280 to the north, De A_nza Boulevard to the east, Valley Green Drive to the south, and Bandley Drive to the west. Access to the project site is provided via a shared driveway on Valley Green Drive. A. Analysis Scenarios The impacts of the proposed project were estimated following guidelines of the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) which is the Cengestion Management Agency (CMA) for Santa Clara County. The operations of eight (8) intersections were evaluated using the TRAFFIX software package, which is the adopted methed for all agencies within the County. The operations of the key intersections were evaluated during the morning (AM) and evening (PM) peak hours for the following scenarios: Scenario 1: Existing Conditions. Existing volumes obtained from counts, representing peak one-hour traffic conditions during the morning and evening commute periods. Scenario 2: Background Conditions. Existing peak-hour volumes plus traffic from approved but not yet constructed developments in the study area. Scenario 3: Project Conditions. Backgroundpeak-hour volurnesplus project- generated traffic. Issues regarding site access and parking were also addressed. B. Project Traffic The amount of traffic generated by the proposed development was estimated by apply/ng the appropriate trip generation rates from the Institute of Transportation Engineers to the corresponding land use type and development size. The proposed hotel is estimated to generate a total of 749 daily trips, 58 AM peak-hour trips and 66 PM peak-hour trips. .Fehr & Peers Associates, fnc. Page i · Cupertino E$.4 Hotel November 2002 d d Id The trip distribution pattern for the project was estimated based on existing travel patterns in the vicinity of the site and the relative locations of complementary land uses. The project-generated traffic was assigned to specific freeways, streets, intersections, and turning movements to determine the potential impacts of the proposed project. C. Intersection Levels of Service Using the information supplied by the City of Cupertino (existing counts, approved/pending projects, and signal timings), data obtained in the field, and the description of the proposed project, level of service (LOS) calculations were conducted for Existing, Background, and Project Conditions. The City of Cupertino has completed the De Anza Boulevard 8,: Stevens Creek Arterial Management Project. That project optimized signaI coordination on these streets to enhance corridor and intersection efficiency. The cycle lengths determined by the arterial management project were obtained through the City of Cupertino traffic-engineering department and used to calculate LOS at all of the key intersections. The results of the intersection level of service calculations for each scenario are presented in Table ES-1. The minimum acceptable operating level of service for an intersection in the City of Cupertino is LOS D, with two exceptions. The city's General Plan states that the acceptable threshold the Stevens Creek Boulevard/De Anza Boulevard and De Anza Boulevard/Bollinger Road intersections is LOS E+ (with no more than 45 seconds weighted delay). The minimum acceptable level for CMP-monitored intersections is LOS E. However, the City thresholds govern in terms of identifying impacts. D. Intersection Impacts Project intersection impacts were identified according to the City of Cupertino's Trar~sportation Impact Analysis Guidelines and the Santa Clara County Congestion Management Program. Implementation of the proposed project would result in a significant impact if the addition of project traffic causes: 1. The level of service at a Cupertino-monitored intersection operating at LOS D or better under BackgroUnd Conditions to deteriorate to LOS E or F, or 2. An increase in the critical movement delay at a Cupertino-monitored intersection operating at LOS E or F under Background Conditions by four (4) or more seconds and an increase in the critical V/C ratio by 0.01 or more, or 3. The level of service at the Stevens Creek Boulevard/De Anza Boulevard intersection to be LOS E or worse with more than 45 seconds of average vehicle weighted delay, or Fehr & Peers Associates, Inc. Page ii Cupertin~ ESA Hotel November 200? 4. Degradation of the level of service at a C/viP-monitored intersection operating at LOS E or better under Background Conditions to LOS F, or 5. An increase in the critical movement delay at a CMP-monitored intersection operating at LOS F under Background Conditions by four (4) or more seconds and an bacrease in the critical V/C ratio by 0.01 or more. According to these criteria, the project will not cause a significant impact at any of the City or CMP~monitored intersections. Table ES~I Intersection Level of Service Sununary Intersection De AnzaBlvd./ HomesteadRoad3 De Anza Blvd./ 1-280 Ramp (north) De Anza Blvd./ 1-280 Ramp ~south) 3__._j_ De Ama Blvd./ Mariani Avenue Peak Hour PM Back round Pro e~c_t__ Delay (sec) LOS LOS 29.8 23.0 D C Delay (see) 29.8 23.1 Existin_g_ Delay (sec)~ LOS: 28.6 D 22.4 C 18.1 C 21.3 C 21.3 C 19.6 C 18.0 C 23.1 C- 9.1 B 8.1 B 19.i C 19.1 22.O C 22.I C C 2i .8 20.4 D C- 21.8 20.7 AM 18.0 C 18.7 C PM 22.5 C 22.9 C De Anza Blvd./ AM 8.8 B 8,7 B Lazamo Drive PM 7.7 B 7.7 B De Anza Blvd./Stevens AM Creek Blvdfi PM 23.4 C- 27.6 D+ 7.8 B 14.8 B- 25.4 29.7 7.4 14.4 15.3 15,6 15.0 B 15.I ! C Stevens Creek Blvd./ Bandley Drive De Anza Blvd./ Valley Green Drive4 D+ 25.5 29,8 PM B B- C 15.8 C 16,9 , C PM D+ 7,6 B 14.4 B- C C Whole inter~ection weighted average stopped delay expressed in seconds per vehicle for signalized intersections. _LOS calculations performed usLng the 1985 Highway Capacity Manual methodology for signalized intersections with adjusted saturation CMP Intersection Unsignalized intersection; delay and LOS presented for the side street a E. Other Issues Several other issues were evaluated in the TIA. These include: · Project site access · Parking . Fehr & Peers Associates, Inc. Page iii Cupertino ESA ]~rote[ November 2002 · Neighborhood traffic issues Site access is provided via a shared access driveway on Valley Green Drive. No modifications to the site plan are recommended. Adequate pedestrian and bicycle access would be provided to the project site. The proposed hotel will provide 104 garage parkhng spaces and 25 surfaces parking spaces for a total of I29 parkLng spaces on site, wkich meets the City's parking requirement of 127 parking spaces. The project would add 37 vehicles per day and 3 vehicles during the PM peak hour to the neighborhood streets of Stelling Road, Valley Green Drive, GreenleafDrive, and Beardon Drive. This added traffic is not considered a significant impact. Fehr & Peers Associates, Inc. .Page iv EXHIBIT B TREE SURVEY Submitted To: FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow 10940 N. E. 33rd Place Suite 202 Bellevue, WA 98004 Project Location: Extended Stay America 10745 North DeAnza Boulevard Cupertino, California Submitted By: S. P. rvlcCLENAHAN CO., INC. John H. McClenahan, Vice President Certified Arborist WE- #1476A member, American Society of Consulting Arborists February 21, 2003 ©Copyright S. P. McClenahan Co., Inc., 2003 S.P. McCLENAHAN CO., INC. ARBORICULTURISTS SINCE 1911 CONTRACTORS LIC. #65134 I · 1 ARAETRAI~ERO ROAE), PORTOLA VALLEY, CA 940:28 TELEPHONE (650) 326-8781 FAX (650) 854- 1 267 February 21,2003 GArY FARMSTRONG GENE KPEGLOW MIGUEL A BERUMEN FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow 10940 N.E. 33rd Place Suite 202 Bellevue, WA 98004 Re: Extended Stay America 10745 North DeAnza Boulevard Cupertino, California Assiqnment As requested, I inspected one Coast live oak to determine condition, impacts from proposed underground garage construction and provide tree preservation guidelines for proposed site improvements. Summary While tree condition is fair, the following tree preservation guidelines and proposed construction should improve the tree environment and life expectancy. Proposed underground garage wall is 23 feet from the tree. At this distance, sufficient buttress and lateral roots will remain to sustain tree vitality. Impacts of proposed construction should be offset by the benefits of removing existing asphalt and implementing tree preservation guidelines. Methodoloqy No root crown exploration, climbing or plant tissue analysis was performed as part of this survey. In determining Tree Condition several factors have been considered which include: Rate of growth over several seasons; Structural decays or weaknesses; Presence of disease or insects; and Life expectancy. FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow Page 2 February 21,2003 The following guide for interpretation of Tree Condition as related to Life Expectancy is submitted for your information. 0- 5 Years = Poor 5 - 10 Years = Poorto Fair 10-15 Years = Fair 15 -20 Years = Fair to Good 20 + Years = Good Tree Description/Observation Coast live oak (Quercu$ agrifo/ia) 35.0" Diameter at 54 inches above grade Height: 38' Spread: 45' Condition: Fair Location: In existing parking lot island Observation: Foliage is typical of the species with moderate accumulation of watersprouts and deadwood. Numerous old pruning wounds exhibit varied degrees of callus closure and decay. Trunk bifurcation at five and one half feet (5-1/2') provides an inherent structural defect. The main crotches exhibit minor pockets of decay. Ivy covers the root crown. I observed minor mottling of Iow trunk. Existing parking lot provides a poor root environment. Proposed underground garage witl encroach inside the tree dripline but not closer than 20 feet from the trunk. Discussion Proposed site improvements will actually enhance the root environment by reducing the impervious surface area below the dripiine. Mulching this area will then enhance the tree environment by reducing soil compaction, improving soil structure and eventually improving soil nutrition. Asphalt removal on both sides will extend beyond the dripline and to at least 20 feet on the garage side. Removal of ivy and foreign debris at the base will also improve tree environment. Existing planter is 13 feet from the trunk on the noah side, 4 feet on the west, 9 feet on the east and 9-1/2 feet on the south side. FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow Page 3 February 21,2003 Discussion continued According to the plans the proposed underground garage wall will encroach 5 feet inside the dripline 23 feet from the trunk. Minor pruning of the foliar canopy may be required. Alternative methods for shoring and OSHA compliance should not encroach any closer than 15 feet of the outside edge of the tree trunk. Conclusion/Recommendation Adoption of tree preservation guidelines will enhance prognosis and improve life expectancy. Tree protection fencing should be installed as close to the dripline area as feasible. Implement alternative shoring to comply with OSHA regulations and prevent excavation within 15 feet of tree trunk. Mulching and fertilizing recommendations should follow asphalt removal. Should any excavation be required within 15 feet of the trunk hand digging to a depth of 3 feet is mandatory. A qualified Arborist must supervise any severing of roots greater than one and one half inch diameter. TREE PRESERVATION GUIDELINES Tree Preservation And Protection Plan In providing recommendations for tree preservation, we recognize that injury to trees as a result of construction include mechanical injuries to trunks, roots and branches, and injury as a result of changes that occur in the growing environment. To minimize these injuries, we recommend grading operations encroach no closer than five times the trunk diameter, (i.e. 30" diameter tree x 5=150" distance). At this distance, buttress/anchoring roots would be preserved and minimal injury to the functional root area would be anticipated. Should encroachment within the area become necessary, hand digging is mandatory. Barricades Prior to initiation of construction activity, temporary barricades should be installed around all trees in the construction area. Six-foot high, chain link fences are to be mounted on steel posts, driven 2 feet into the ground, at no more than 10-foot spacing. The fences shall enclose the entire area under the dripline of the trees or as close to the drip line area as practical. FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow Page 4 February 21, 2003 Barricades continued These barricades will be placed around individual trees and/or groups of trees as the existing environment dictates. The temporary barricades will serve to protect trunks, roots and branches from mechanical injuries, will inhibit stockpiling of construction materials or debris within the sensitive 'dripline' areas and will prevent soil compaction from increased vehicular/pedestrian traffic. No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground around the tree canopy shall not be altered. These barricades should remain in place until final inspection of the building permit, except for work specifically required in the approved plans to be done under the trees to be protected. Designated areas beyond the driplines of any trees should be provided for construction materials and on site parking. Root Pruning (if necessary) During and upon completion of any trenching/grading operation within a tree's dripline, should any roots greater than one inch (1") in diameter be damaged, broken or severed, root pruning to include flush cutting and sealing of exposed roots should be accomplished under the supervision of a qualified Arborist to minimize root deterioration beyond the soil line within twenty-four (24) hours. Pruning Pruning of the foliar canopies to include removal of deadwood is recommended and should be initiated prior to construction operations. Such pruning will provide any necessary construction clearance, will lessen the likelihood or potential for limb breakage, reduce 'windsaii' effect and provide an environment suitable for healthy and vigorous growth. Fertilization A program of fertilization by means of deep root soil injection is recommended with applications in spring and summer for the Coast live oak. FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow Page 5 February 2I, 2003 Fertilization continued Such fertilization will serve to stimulate feeder root development, offset shock/stress as related to construction and/or environmental factors, encourage vigor, alleviate soil compaction and compensate for any encroachment of natural feeding root areas. Inception of this fertilizing program is recommended prior to the initiation of construction activity. Mulch Mulching with wood chips (maximum depth 3") within tree environment (outer foliar perimeter) will lessen moisture evaporation from soil protect and encourage adventitious mots and minimize possible soil compaction. Inspection Periodic inspections by the Site Arborist are recommended during construction activities, particularly as trees are impacted by trenching/grading operations. Inspections at approximate four (4) week intervals would be sufficient to assess and monitor the effectiveness of the Tree Preservation Plan and to provide recommendations for any additional care or treatment. All written material appearing herein constitute original and unpublished work of the Arborist and may not be dupficated, used or disclosed without written consent of the Arborist. FREIHEIT & HO ARCHITECTS INC., P. S. Attention: Mr. Kevin K. Chow Page 6 February 21,2003 We thank you for this opportunity to be of assistance in your tree preservation concerns. Should you have any questions, or if we may be of further assistance in these concerns, kindly contact our office at any time. Very truly yours, S. P. McC~ENAHAN ¢;O,, INC. By: J~hn H. McClenahan, Vice President Certified Arborist WE- #1476A member, American Society of Consulting Arborists JHMc: pm cc: Mr. J. R. Rodine 3148 Marble Ridge Court Reno, Nevada 89511-5385 _~~ BARRIE D. COATE and ASSOCIATES Hod3cutural Consultants 23535 Summit Road Los Gotos, CA 95053 408~353-1052 EXHIBIT C AN EVALUATION OF AN OAK TREE IN RELATION TO CONSTRUCTION AT ESA, 10745 N. DE ANZA BLVD., CUPERTINO Prepared at the Request of: Aarti Shrivastava Senior Planner City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Site Visit by: Michael L. Bench Consulting Arbodst March 4, 2003 Job #03-03-035 MAR 0 7 7003 EVALUATION OF AN OAK TREE IN RELATION TO CONSTRUCTION tIT ESA. 10745 N. DE ANZA BL VD., CUPERTINO 1 Assignment I was asked by Aarti Shrivastava, Senior Planner, City of Cupertino, to evaluate an oak tree in relation to construction at 10745 N. De Anza Blvd., Cupertino. The plan proposes to demolish the existing building, which housed the Santa Barbara Grill, to demolish the existing parking lot, and to construct a new 4-story building with an underground parking structure. Recommendations are included to mitigate damage to the oak tree during construction. Summar~ The location of the proposed underground parking structure would not significantly damage this tree. The proposed circular driveway may result in severe root loss to this oak tree. Alternatives are discussed here. Procedures are suggested to mitigate the damage that would be expected to this large live oak. i calculate this tree's value at $19,600. Observations The subject of this evaluation is a coast live oak (Quercus agrifolia). It has a trunk diameter of 35.0 inches at 3 feet above grade. Its height is approximately 40 feet with a canopy spread of approximately 65 feet east to west and approximately 55 feet north to south. The attached map shows the location of this tree in relation to proposed construction. This tree currently exists in a rectangular planter bed that measures 15 feet by 15 feet. It appears that approximately 6 feet of this planter bed on the south side is on the neighboring property. Outside this planter bed there is asphalt paving for parking on all four sides of the planter bed. Although some roots may have grown into the areas covered by paving, it is likely that the majority of the root system of this tree exists inside the existing planter bed. The only way to more accurately estimate the location ora root mass is to perform a series of pocket excavations starting outside the dripline at several locations around the tree. This excavation process would be continued a few feet closer to the trunk if no significant roots are found until sufficient roots are discovered to represent a sufticient volume to provide water and minerals for the crown. The understory of this oak tree has two large boulders, three Indian hawthorne (Raphiolepis indica) shrubs, and English ivy (Hedera helix) ground cover. These are located primarily on the north side of the trunk. There is also an irrigation box and an electrical box in this planter bed. A light fixture, which appears to have been powered by 110 volts, exists at the crotch between 3 of the 5 main leaders. It appears that the irrigation system has been offor non-functional for some time (at least one season). I used a soil probe to inspect the moisture content of the soil, which is relatively dry. Despite recent rains, the canopy of this tree is still dense enough to shed a large percentage of PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBOR]ST MARCH 4, 2003 .4N EVALUATION OF AN OAK TREE IN REL4TION TO CONSTRUCTION AT ESA, 10745 N. DE ANZA BLVD., CUPERTINO 2 rainfall toward the dripline, which is over the parldng lot. Thus, this tree has benefited only moderately from recent rains. In anticipation of construction, which (as proposed) will result in a percentage of root loss, it would be imperative to provide irrigation to this tree immediately. This will re-hydrate the tree and bolster its ability to withstand the root loss expected by construction. This coast live oak tree's health is described as fair to good but certainly not excellent. On a scale of 1 to 5 (Excellent - Extremely Poor), I rate the health of this tree at 3 (Fair) or a 2 (Reasonably good). However, the symptoms are primarily in the upper part of the canopy which is somewhat sparse. In this area the leaves are small and the leaf color appears pale. The lower portion of the canopy is relatively dense. The leaves are about normal size, and the leaf color is a typical dark green. This inconsistency between the top of the canopy and the lower part of the canopy indicates that the root system is not as vigorous or active as it should be. This should elicit concern but not alarm. The fact that no dead branch tips are observed in the canopy is a positive indication. Normally the coast live oak species (Q. agrifolia) does not need irrigation in this part of California. However, forcing this specimen to live in a planter bed of this size is not normal. In my opinion, this tree will likely decline rapidly and perhaps dramatically, if irrigation is not provided right away as a preparation for construction. The root collar of this coast live oak tree is covered by fill soil and by the English ivy ground cover. This condition tends to hold enough moisture against the trunk, to expose the tree to serious root collar diseases. It will be essential to excavate the root collar by a certified arborist to inspect it and to initiate recovery if disease exists. Risks to the Oak Tree by Proposed Construction The plan proposes to construct an underground garage on the north side of this coast live oak tree at a distance of 25 feet from its trunk. The soil cut required to construct this wall is expected to be approximately 5 feet closer to the tree to allow for construction access on the outside of the wall until the construction is completed. Thus, the actual distance at which the tree would suffer total root loss would be 20 feet from the trunk. In my opinion, this would be feasible partially because I do not expect a major quantity of absorbing roots to be found outside the existing planter bed. The north edge of this existing planter bed is located approximately 16-18 feet from the trunk. A circular driveway is proposed inside the dripline of this tree within approximately 6 feet of the trunk on the north side. The plan proposes vehicular pavers S.C.D. as a surface for this driveway. Contrary to popular belief, the use of pavers is not necessarily compatible with the preservation of tree roots. This is because the manufactures of pavers require that the soil be stabilized prior to the installation of these pavers as the surface material. Stabilization means that all of the soil would 13e removed to a depth that would be considered stable (usually to a depth of 24-36 inches below existing grade, sometimes greater) before building this area back up with base rock, which would be highly compacted. Because the overwhelming majority of roots are located in the top 15-24 inches of soil, the entire root system inside an area to be stabilized would be removed. This would result in severe root loss to this tree. In my opinion, this alone would threaten the survival of this tree. PREPARED BY: IvllCHAEL L. BENCH, CONSULTING ARSORIST MARCH 4, 2003 AN EVALUATION OF AN OAK TREE IN REL4 TION TO CON57RUCT!ON A T ESA, 10745 N. DE ANZA BLVD., CUPERTINO In addition, it appears that the construction of the circular driveway as proposed would require that at least one or possibly two primary leaders would have to be removed to provide for vehicle clearance, especially if the clearance requirement must meet fire code within 6-7 feet of the trunk. Certainly, this tree would not withstand the removal of a major leader in addition to the removal of its root system for the stabilization as described within 6 feet of the trunk. Also, it appears that the use of another material, such as concrete instead of pavers, would require a grading cut of at least a few inches offthe surface of the existing planter bed within 6 feet of the trunk. In this event, this grading may result in severe root loss. In my opinion, a grading cut inside the existing planter bed, because of the presumed concentration of the root mass in this area, would likely be severe, putting the tree at risk. This implies that the circular driveway would have to be redesigned and assuming that this tree would have to be retained at all costs. Without further information, it appears that grading must be limited to the edge of the existing planter bed on the north side, which would be approximately 16-18 feet from the trunk. This coast live oak tree would likely be at risk of damage by construction activity and construction procedures that are typical at most construction sites. These procedures may include the dumping or the stockpiling of materials over the root systems, may include the trenching across root zones for drainage, for new utilities, or for landscape irrigation, and may include constant construction traffic, including foot traffic, across the root systems resulting in soil compaction. Protective fencing during the entire construction period if properly installed and maintained would provide protection from these potentially damaging events. If any underground utilities must be replaced or upgraded, it will be essential that the trenches must be planned outside the planter bed prior to construction and that the trenches are located exactly as planned. This must not be left up to contractors or to the utility providers. Ifa significant quantity of roots exist in the areas of the existing paving, despite my assumption to the contrary the removal of the existing curb around this existing planter bed and the removal of the existing paving inside the dripline of this oak tree must be done without disturbing the soil directly beneath the paving. Because of the perceived fragile condition of this tree, I recommend that we presume that a significant quantity of roots exists outside the existing planter bed to the dripline of this tree until we discover otherwise. For this reason, the curb and paving in this area either must be removed by hand or by pealing back the paving with a backhoe. Once the paving is removed the bare soil must be covered immediately by a 4-inch layer of wood chips to prevent desiccation of the absorbing roots near the surface. Recommendations 1. I recommend that the underground parking structure be constructed as proposed. However, excavated soil must not be piled, even temporarily, over the root zone of this coast live oak tree. 2. In the absence of any additional information about the existence of significant roots in the paved areas surrounding this oak tree, I recommend the existing planter bed be preserved PREPARED BY: MICHAEL L. BENCH. CONSULTING ARBORJST AN EVALUATION OFAN OAK TREE IN RElaTION TO CONSTRUCTION AT ESA, 10745 N. DE ANZ4 BLVD., CUPERTINO without a major soil disturbance inside its existing boundaries. This implies that the proposed circular driveway may have to be redesigned to avoid the stabilization of the soil for paver construction or to avoid a grading cut across the existing planter bed, if this tree is to be preserved. I suggest that construction period fencing be provided and located as noted on the attached map. In my opinion, protective fencing must be of chainlink, a minimum height of 5 feet, mounted on steel posts driven 2 feet (minimum) into the ground. The fence must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. The contractor(s) and the owner must be made aware of the importance of the correct location and dedicated maintenance of this fence. 4. There must be no grading, trenching, or surface scraping inside the dripline of this oak tree even during landscaping of the site. 5. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the dripline of this oak tree. 6. Any old irrigation lines, sewer lines, drain lines, etc., inside the dripline of this oak tree, if unused, must be cut offat grade and left in the ground. Initiate supplemental irrigation immediately to this oak tree. Irrigate with 10 gallons for each inch of trunk diameter every 2 weeks throughout the construction period followed by monthly irrigation during each Nov-March. One alternative may be the use ora simple soaker hose. Irrigation must be applied near the dripline or as far from the trunk as possible. Remove the existing curb and paving inside the dripline either by hand or by pealing back the paving to an area outside the dripline with a backhoe. The tractor must not drive on the soil inside the dripline, after the paving has been broken up for removal. Immediately following the removal of the paving the soil must be covered with 4 inches of coarse wood chips and the area must be thoroughly wet down. I recommend that a 4-inch layer of wood chips must be spread over the entire root zone of this oak tree. Spreading of the chips must be done by hand. Chips must be ~A to ~A inch in diameter. One supplier is Reuser Inc., 370 Santana Dr., Cloverdale, CA 95425, (707) 894- 4224. 10. I recommend that this tree be fertilized with Greenbelt 22-14-14 or equivalent. This fertilizer can only be obtained from the manufacturer, Romeo Packing Company. I recommend subsurface injection to a depth of 6-10 inches. A qualified arborist that can perform this service is Gil Mitchel, Tree Health Professionals, (408) 929-3040. pREPARED BY: MICHAEL L. BENCH, CONSULTING A,gMORIST MA~CH 4. 2003 /~V EVALU.4TION OFAN OAK TREE IN RELATION TO CONSTRUCTION AT ESA, 10745 N. DE AN~ BLVD., CUPERTINO 5 11. Any pruning must be done by an International Society of Arboriculture (ISA) certified arborist and according to ISA, Western Chapter Standards, 1998. It would be essential that none of the 5 large leaders may be removed. 12. Landscape pathways and other hardscape (presently none are proposed for this oak tree) constructed under the canopy of this tree must be done completely on grade without excavation and without the severing of roots. 13. Landscape irrigation trenches (or any other excavations), inside the driplines of trees, must be no closer than 15 times the trunk diameter, if the trenching direction is across the root zone. However, radial trenches (i.e., like the spokes of a wheel) may be done closer if the trenches reach no closer than 5 times the trunk diameter to the tree's trunk, and if the spokes are at least 10 feet apart at the perimeter. 14. Sprinkler irrigation must be designed not to strike this oak tree. 15. The English ivy (PI. helix) must not be pulled out or grubbed out. 16. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be installed directly in contact with the bark of this tree because of the risk of serious disease infection. 17. I suggest that the root collar of this oak tree be excavated to expose the tops of the buttress roots without injuring the root bark. This must be done by an ISA certified arborist or by a landscape contractor experienced with this procedure. The use of an air spade or pressure washer to remove the excess soil is preferred. A space of approximately 12 inches around the trunk must be exposed. Air spade operators include Urban Tree Management 650/321-0202. lg. Materials or equipment must not be stored, stockpiled, dumped inside the dripline of this tree, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Respect fu_lly submitted, Michael L. Bench, Associate Barrl~ D. Coate, Principal Enclosures: Assumptions and Limiting Conditions Trunk Formula Method Form Glossary, of Terms Tree Fencing Specs Tree Chart Plan (3) MLB/sl.. PREPAP~ED BY: MICHAEL L. BENCH, CONSULTING ARBOR1fT MARCH4, 2003 BARRII~ D. CC)ATE and ASSOCIATES Lo~ Getos, CA 05033 408/353~ 1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters Iegal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the international Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 0.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden withih trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Barrie D. Coate ISA Certified Arborist Horticultural Consultant Trunk Formula Method ~.,,~, D. Co~I~ A,~iat~-ConsoJtlng Arl~rlsU SPECIES: TRUNK FORMULA METHOD FORM FOR NORTHERN CALIFORNIA, 2000 Established by the International Society of Arborlculture, 2000 Trees MORE Than 30" diameter Appraised Value=Basic Value X Condition X Loca~on Basic Value=Replacement Cost + (Basic Pdce X ['FAA-TAR] X Species) Coast Live Oak, Quercus agrifolia TREE #: Replacement Cost: C~st of ~argest commonly available transplantable tree, as installed in an average location (as esteblished for Northern California by the Western Chapter). If the appraised ~'ee is in a location which will make instellation of a replacement especially difficult or expensive, you should increase this ~ine to account for costs above the average 2 Replacement tree Basic Price Group (per sq, inch) # 3. Determine the difference in trunk areas If dia = 30" or more, determine ATAA, Dian' 35'~' (Diameter ~ Breast Height or @ 4.5 feet) A. ATAA = 928.00 B Replacement tree TAR = 14.6 (refer to table 11-1992) C. Subtract TA~ from TA^ (3A-3B) = 913.40 4. Multiply Basic Price by area differences 5. Adjust step 4 by Species rating 6. Basic Value = 7. Adjust Line 6 by CondiUon 8. Adjust for Location: Location = Adjust Line 7 for Location $1,805 $37.00 100% + $33,796 75% $1,805 $37.00 perin2 6mes (3.C) $33,796 $33,796 $35,601 $26,701 (Site + Contribufior + Placement) - 3 60% 90% 70% 73% 9. Appraised Value (before damage, if applicable) = Round Line 8 to nearest $100 Appraised Value (after damage, d applicable) 10. For Partial Loss: $19,580 $19,600 11. Removal/Reconstruction Cost, d appropriate Prepared for: City of Cupertino, Aadd Shdvastava A~ddress: ESA 10745 N. De Anza Blvd. Date: Mar 04,2003 TOTAL $19,600 Job #03-03-035 BARR[E D. COATE and ASSOCIATES Page 1 gARRIE D. COATE AND ASSOCIATES Horticultural Consultants (z~o8) 353-1052 Fax (~08) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 GLOSSARY Co-dominant (stems, branches) equal in size and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown - The portion of a tree above the trunk including the branches and foliage. Cultivar - A named plant selection from which identical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Decurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in a round-headed tree. Excurrent - A term used to describe a tree crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or entirely encircles the trunk and/or large buttress roots, which could restrict growth and downward movement of photosynthates. Included bark - Bark which is entrapped in narrow-angled attachments of two or more stems, branches, or a stem and branch(es). Such attachments are weakly attached and subject to splitting out. Kinked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movement of water, nutrients, and photosynthates. Root collar - The flared, lower portion of the base ora tree where the roots and stem merge. Also referred to as the "root crown". Leader - The main stem or trunk that forms the apex of the tree. Stem - The axis (trunk ora central leader tree) ora plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to shade, nourish, and protect the trunk of small young trees. These branches are kept small and gradually removed as the trunk develops. Definition of Woody Parts Trun~k - The main stem of a tree between the ground and the lowest scaffold branch. Scaffold branches - In decurrent trees, the branches that form the main structure of the crown. Limb - A major structural part. Branch - A smaller part, attached to a limb or scaffold branch. Branchlet - A small part, attached to a branch. Twig - A very small part attached to a branchlet. Leaf-The main photosynthetic organ of most plants. T~e'e Preservation BARRIEI).COATE AND ASSOCIATES protoctlvo Fonclng ~ 73S35 Summit Rd (408)353 10S2 Ho~cu]tural Consulmn~ Consul6ng A~nsts Top of fence hunK with fluorescent flaRginK tape every 10 feet. 6' chain link or welded wire mesh 8' fence oost of 2" diameter GI pipe or T-angle post ' Fence placed at drip line or 50% greater than the tree canopy radius ukere possible Construction period prolection fo~ Irees should be provided before grading or olher equipmenl is allowed on the property. ~p oad'~at/ Fence~] When construction is lo lake place benealh a ,~lree canopy on one side. lhe Ience should be f-.~ sited 2-31eel bey,o, nd thai conslruclion but If construction or paving is to take place throughout the area beneath the canopy and dripline fencing is not practical, snow fencing shou d be used to protect trunks froru daruage to 8' above gr trees uhere cons will take place the canopy Pm Evaluation of An Oak Tree In Relation To ~ ~ BARRIEand ASSOCIATEsD' COAT[ Construction at ESA, 10745 N. De Anza Blvd. Cupertino I'~) 3s~-las2 Prepared for: City of Cuperlino, Aarti Slmvastava HORTICULT1JRAL CONSULTANT Date: March 4, 2003 CONSULTING ARBORIST Job # 034)34)35 Tree numbers correspond to evaluation charts. All dimensions and tree locations are approximate. Location of Protective Fencing During Build Construction Phase An Evaluation of An (~ak Tree In Relation To 1!~ ~ andASSOCIAT[S Consm~ctionatESA, 10745N. DeAnzaBlvd. Cupertino 14oa) 35~-~o52 Prepared for: City of Cupertino, ~ Shrivastava HORTICULTURAL CONSULTANT Date: March 4, 2003 CONSULTING ARBORIST Job # 034)3-035 Tree numbers correspond to evaluation charts. All dimensions and tree locations Location of Protective Fencing During Demolition of Existing Paving EXTENDED STAY AMERICA EFFICIENCY STUDIOS ESA#8961 - CUPERTINO, CALIFORNIA ~F~EFFf-EIT & HO EXTENDED STAY AMERICA EFFICIENCY STUDIOS IFREIHEIT & HO ESA#8961 - CUPERTINO, CALIFORNIA CITY OF CUPEP INO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. I ~ Agenda Date: March 17, 2003 Subject: Adopt a resolution supporting the creation of a National Housing Trust Fund, Resolution No. 03- Recommendation: Receive a verbal recommendation from the Cupertino Housing Comrrfission on whether or not to support the creation of a National Housing Trust Fund. A resolution supporting the creation of a trust fund has been prepared and is attached for review. Background: Sean Charpentier from the Silicon Valley Citizens for Affordable Homes has requested that the Cupertino Housing Commission review proposed legislation creating a NationaI Housing Trust Fund. The legislation was introduced into the 107th Congress and did not pass. The bill will need to be reintroduced into the 108th Congress in order to be acted upon by Congress. If passed by Congress, the National Housing Trust Fund Act would establish an additional source of funding to support the creation of affordable housing nationwide. This trust fund would be similar to the California housing trust fund which has been created with Proposition 46 funds. The national trust would be supported from excess Federal Housing Administration (FHA) and Government National Mortgage Association (Ginnie Mae) revenue. Funding would be distributed to the states via a formula established by the Secretary of Housing and Urban Development (HUD). However, each state receiving assistance must provide a matching contribution equal to a quarter of the amount of funds provided under the Act. A source of the California match has not been identified, but it is conceivable that Proposition 46 funds could serve as the match. Pdnted o~ Recycled Paper National Housing Trust Fund March 17, 2003 Page 2 Discussion: The Cupertino Housing Commission will review information on the National Housing Trust Fund on Thursday, March 13, 2003. Since the staff report for the March 17, 2003 City Council meeting is released pr/or to the Housing Commission meeting, it is not possible for the Housing Commission to make a written recommendation in this staff report. Staff will provide a verbal recommendation to the City Council at the meeting. A representative from the Silicon Valley Citizens for Affordable Housing will also be present at the meeting. Prepared by: Vera Gil, Senior Planner Steve Piasecki Director of Community Development Approved for Submittal: David W. Knapp City Manager Attachments: National Housing Trust Fund Campaign info sheet. DRAFT RESOLUTION NO. 03-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING THE ESTABLISHMENT OF A NATIONAL HOUSING TRUST FUND WHEREAS, according to the United States Department of Housing and Urban Development (HUD), 5.4 million households in the United States are paying more than 30% of their income towards housing costs; and WHEREAS, in the City of Cupertino, an extremely low income household can afford a monthly rent of no more than $720/month, while the Fair Market Rent is $1,760/month for a two bedroom unit; and WHEREAS, the City of Cupertino Housing Element recognizes the need for additional funding resources for more affordable housing units. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino herebY reaffirms the importance and need for affordable housing and hereby supports the of the National Housing Trust Fund Act of 2001. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March 2003 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Silicon Valley Citizens for Affordable Homes National Housing Trust Fund Campaign February to April 2003 Silicon Valley Citizens for Affordable Homes has begun a 90-day campaign to collect 100 endorsements in Santa Clara County in support of proposed legislation to create a National Housing Trust Fund. This local effort is part of a national campaign being led by the National Affordable Housing Coalition. This packet provides an overview of our campaign and the proposed legislation. Campaign Overview Goals: · 100 endorsements in 90 days, including the endorsements of all city and town councils in the county, each Chamber of Commerce, the local media, and church, labor, and other community organizations · Send the endorsements to Congress as one package that represents the unified voice of Santa Clara County What will the National Housing Trust Fund mean for Santa Clara County? · Funding for 1.5 million affordable homes in the country by the year 2010; 75% of these homes will be for extremely-low income families · Helping to solve our housing crisis without increasing the strain on local budgets · Easing the economic burden on thousands of working families in our county while reducing overcrowding and unsafe living conditions · Increasing local productivity and making it less expensive to do business in the county · Raising the quality of life for the entire community Campaign Overview, continued Campaign Information Packet - February 24, 2003 Page 1 of 5 Silicon Valley Citizens for Affordable Homes National Housing Trust Fund Campaign February to April 2003 Why a coordinated countywide campaign? · Santa Clara County is one of the most influential regions in the country. This will be the first national campaign in Which a county speaks with a unified voice on housing need; this has the potential to get Washington's attention in a very productive way. The leadership we show on this issue can set the agenda for the country. · Working together on this campaign will help us tackle other countywide aspects of the housing crisis Who is Silicon Vafley Citizens for Affordable Homes? · Silicon Valley Citizens forAffordable Homes developed out of a successful countywide campaign last fall to support State Proposition 46 (which will provide $2.1 billion for affordable housing statewide) · Silicon Valley Citizens for Affordable Homes is an ad hoc coalition that includes the Santa Clara County Collaborative on Affordable Housing and Homeless Issues, the Affordable Housing Network of Santa Clara County, Charities Housing, the Emergency Housing Consortium, and many other groups and individuals How can one get more information on this campaign? · Contact Ron Johnson by phone at (408) 294-5208 (evenings/weekends) or by email at ronjjj @ pacbell.net Campaign Information Packet - February 24, 2003 Page 2 of 5 Silicon Valley Citizens for Affordable Homes National Housing Trust Fund Campaign February to April 2003 The Proposed Legislation Summary: The following is a summary of the proposed legislation, HR 2349, as it was introduced into the 107th Congress (the complete text of this legislation can be read at the following web site: thomas.loc.gov/cgi-bin/query/z?c107:) The legislation would establish a National Affordable Housing Trust Fund (NAHTF) in the Treasury of the United States to provide for "the development, rehabilitation, and preservation of decent, safe, and affordable housing for iow-income families." Specifically, the purposes of the NAHTF are: "1 ) to fill the growing gap in the national ability to build affordable housing by using profits generated by Federal housing programs to fund additional housing activities, without supplanting existing housing appropriations; 2) to enable rental housing to be built, for families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities; 3) to promote homeownership for Iow-income families; and 4) to produce, rehabilitate, and preserve at least 1,500,000 affordable dwelling units by 2010." The NAHTF would be funded from excess revenue generated by the Mutual Mortgage Insurance Fund established under section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) and the Government National Mortgage Association. · The NAHTF requires the "Secretary of the Housing and Urban Development (HUD) to establish a formula" to allocate assistance among the States based on the relative need of each State for additional affordable housing. The formula shall be based upon a comparison of the following factors for each State: "1) The percentage of families in the State that live in substandard housing; 2) The percentage of families in the State that pay more than 50 percent of their annual income for housing costs; 3) The percentage of persons in the State having an -income at or below the poverty line; 4) The cost of developing or carrying out substantial rehabilitation of housing in the State; 5) The percentage of the population of the State that resides in counties having extremely Iow vacancy rates; 6) The percentage of housing stock in the State that is extremely old housing; 7) Any other factors that the Secretary determines to be appropriate." Campaign Information Packet - February 24, 2003 Page 3 of 5 Silicon Valley Citizens for Affordable Homes National Housing Trust Fund Campaign February to April 2003 The Proposed Legislation, continued · Each state receiving assistance must provide a matching contribution equal to 1/4 of the amount of funds provided under this Act. · 75 percent.of the funds provided under this Act must be used to provide affordable housing that is available for rental by extremely Iow-income families. 25 percent of the funds provided under this Act must be used either to provide affordable housing that is available for rental by Iow-income families, or for homeownership assistance for Iow-income families. · Assistance provided by this Act may be used by the states as "capital grants, non interest bearing or Iow-interest loans or advances, deferred payment loans, guarantees, and any other forms of assistance approved by the Secretary of HUD" for the following purposes: "1) the construction of new housing; 2) the acquisition of real property; 3) site preparation and improvement, including demolition; 4) substantial rehabilitation of existing housing; 5) the provision of rental assistance under a continued assistance rental subsidy program; and 6) providing incentives to maintain existing housing as affordable housing and to establish or extend any Iow- income affordability restrictions for such housing, including covering capital expenditures and operating costs." Status Of The Legislation · This legislation was introduced into the House in the last session of Congress by Representative Bernie Sanders, where it quickly gained 200 co-sponsors, but was held up in committee · It was introduced into the Senate last session by Senator John Kerry, where it quickly gained 30 co-sponsors · We expect it to be introduced into this session of Congress later this spring Campaign Information Packet - February 24, 2003 Page 4 of 5 Silicon Valley Citizens for Affordable Homes National Housing Trust Fund Campaign February to April 2003 Partial List Of Endorsers & Co-sponsors This legislation has more than 3,400 endorsements across the nation, including 3,111 local, state and nationa~ organizations, 124 local governments and elected officials, and 166 religious leaders. As of December 2002 the list of endorsers and cosponsors included: · Local Cities and Counties: · Santa Clara County Board of Supervisors · San Francisco City/County Board of Supervisors · City of San Jose · Local Elected Officials: · Senator Diane Feinstein · Senator Barbara Boxer · Congressmember Zoe Lofgren · Congressmember Mike Honda · Congressmember Anna Eshoo · State Senator Byron Sher · State Senator John Vasconcellos · Assemblymember Rebecca Cohn · Assemblymember Elaine A[quist · Assemblymember John Dutra · Assemblymember Simon Salinas · Assemblymember Manny Diaz · Assemblymember Joe Simitian · National Religious Leaders: · Cardinal Francis George, Archdiocese of Chicago · Bishop Thomas Gumbleton, Archdiocese of Detroit · Bishop John C. Wester; Archdiocese of San Francisco · Rabbi David Teitelbaum, Exec. Director, Board of Rabbis of Northern California · National Organizations: · National Association for the Advancement of Colored People (NAACP) · National League of Cities · United States Conference of Catholic Bishops · United States Conference of Mayors · United Way of America · AFL-CIO Housing Trust · American Federation of State, County, Municipal Employees, AFL-CIO · Catholic Charities USA Campaign Information Packet - February 24, 2003 Page 5 of 5 National Housing Trust Fund The National Housing Trust Fund Campaign ¢/o National Low Income Housing Coalition · 1012 Fourteenth Street, NW, Suite 610 · Washington, D.C. 20005 · (202) 662-1530 phone · (202) 393-1973 fax · www.nhtf, org PROPOSAL FOR LEGISLATION Goals and Objectives. A National Housing Trust Fund should be established to serve as a source of revenue for the production of new housing, and the preservation or rehabilitation of existing housing that is affordable for low income people. The goal of the National Housing Trust Fund should be to produce, rehabilitate, and preserve 1,500,000 units of housing over the next 10 years. Source of capital. The Trust Fund should be capitalized with ongoing, permanent, dedicated and sufficient sources of revenue to meet the goal of 1,500,000 housing units by 2010. The initial sources should be excess FHA and Ginnie Mae revenue, above what is necessary to maintain the soundness of the FHA and Ginnie Mae programs. Other sources of funding that can be dedicated to the Trust Fund should be identified and included in National Housing Trust Fund legislation. Appropriations should also be made to meet the goal. Eligible activities. The Trust Fund should be used for the production of new housing, preservation of existing federally assisted housing, and rehabilitation of existing private market affordable housing. The Trust Fund should be primarily used for rental housing. We support allowing up to 25% of funds to be used for homeownership activities, so long as low income people are served. Cooperatives are eligible uses in all cases as long as income targeting requirements are met. Income targeting. At least 45% of the Trust Fund dollars should be used for housing that is affordable for extremely low income households, that is, those with incomes under 30% of the higher of state or area median. In addition, at least 30% of total Trust Fund dollars should be used for housing that is affordable to households with incomes at the equivalent of full time prevailing minimum wage earnings or less. No more than 25 % of Trust Fund dollars can be used for low income households with incomes up to 80% of the higher of state or area median provided these funds are restricted to housing production, preservation, or rehabilitation in low income neighborhoods. In all cases, no one should pay more than 30% of their income for housing. Term of affordability. Housing funded through the Trust Fund should be required to remain affordable for 50 years. Operating subsidy. Projects funded through the Trust Fund should assure that any operating subsidy needed to make the housing affordable for a range of extremely low income people is provided. That could be by using Trust Fund assistance to underwrite the operating subsidy for new or rehabilitated units for one year, after which the operating subsidy could be Thrifty Vouchers funded and renewed through the Housing Certificate Fund. Thrifty Vouchers would provide a rent subsidy based on actual operating expenses (rather than prevailing market rents) and would cost less than standard Housing Choice Vouclcers. The applicant could also project-base regular vouchers funded and renewed through the Housing Certificate Fund or devise another operating subsidy mechanism (which may be able to be applied to the match requirement). Projects that keep costs lower by employing energy efficiency standards will be preferred applicants for Trust Fund dollars. Distribution. Trust Fund assistance should be distributed by formula allocation. The formula should be developed by HUD, using criteria that assure distribution in proportion to the need for eligible housing, with 60% of Trust Fund assistance allocated to localities and 40% of Trust Fund assistance allocated to states. The distribution of funds should ensure that every type of community - urban, rural and suburban - has access to funds and should encourage regional consortia. If an eligible grantee declines to apply for Trust Fund assistance, an alternative application process should be established so that other entities in the jurisdiction can receive and distribute the Trust Fund dollars. If eligible entities in the jurisdiction do not qualify to receive all the Trust Fund dollars allocated to the jurisdiction that are unclaimed, the unclaimed (over) funds should be used to provide bonus payments to jurisdictions that succeed in expediting development of Trust Fund units or reducing development costs through state or local laws, policies or procedures. Grantees will distribute the funds to eligible entities prepared to conduct activities that are eligible for Trust Fund support. Match. States, localities, or non-profit organizations receiving Trust Fund assistance should match the federal funds in the following manner. If the entity uses state, local, or private revenue for the match, it will receive two federal Trust Fund dollars for every dollar it provides. If an entity uses locally controlled federal dollars (HOME, CDBG, LIHTC, private activity bonds, TANF funds, project-based vouchers) for the match, it will receive one Trust Fund dollar for every dollar of match it provides. This match requirement may be waived for jurisdictions that demonstrate fiscal distress. Revenue comm/tted by a jurisdiction to a Trust Fund-assisted project to provide services to residents should qualify as matching funds in the same manner as revenue committed to meet the acquisition, development or operating costs of a property. Additional payments made by a jurisdiction to a locality that will incur additional local education costs as a result of the siting of Trust Fund-assisted units should be considered state or local revenue for the purposes of the match requirement. Jurisdictions that succeed in siting Trust Fund-assisted units in areas of relatively high job growth, that are undergoing gentrification or where a zoning variance or other waiver of regulatory barriers was required should, in the following year, be eligible to receive Trust Fund assistance with a reduced match. · Mixed income. New housing production and financing should be done in a way that assures that extremely low income households are not segregated from other income groups, and that units are located in proximity to public transportation, services, economic opportunities, or contribute to comprehensive community revitalization. Thus, Trust Fund dollars should be utilized in conjunction with other funds to complete the financing for a new multifamily housing development, with the Trust Fund dollars supporting the construction of housing for extremely low income households. Units for extremely low income households should comprise no more than a minority of the total units in a project. Trust Fund applicants that propose small projects in low-poverty neighborhoods, rural communities, or that serve special populations may be able to assure economic integration with Trust Fund dollars alone. · Compatibility with other housing programs. The use of Trust Fund funds should be flexible to ensure its compatibility with Low Income Housing Tax Credits, private activity bonds, CDBG, HOME, Section 8, public housing, USDA rural housing programs, and other forms of assistance. · Consistency with other federal provisions. All Trust Fund dollars must be allocated and all housing funded with Trust Fund dollars must be built and operated in a manner that is consistent with other federal provisions including, but not limited to: tenant protections and tenant rights to participate in decision making about their homes; required public participation mechanisms such as the Consolidated Plan, the Qualified Allocation Plan and the Public Housing Agency Plan; Section 286 of the Cranston- Gonzalez National Affordable Housing Act (Davis-Bacon); and all fair housing laws and existing laws regarding accessibility in federally-assisted housing. In addition, units not required to be accessible should meet basic visitability standards. · Other housing funds. In addition to establishing a National Housing Trust Fund, we recommend additional investment in affordable housing with substantial increases in HOME, CDBG and USDA Rural Housing programs, as well as an examination of ways to reform the Low Income Housing Tax Credit program to improve access to the program by a wider range of non-profit, community-based housing developers. Substantial increases in the housing voucher program will also be necessary to assure affordability for the lowest income households. For further information, please call the National Low Income Housing Coalition at (202) 662-1530. February]J, 2003 CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3109 OFFICE OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. I ~ Agenda Date: March 1'7 2002 SUBJECT AND ISSUE Midyear Budget Amendments and Policy Review BACKGROUND This report summarizes an analysis of the City's operating accounts as of January 31, 2003. Although both revenue and expenditure accounts are carefully monitored each month and discussed in the Treasurer's report, the midyear analysis serves to document certain budgetary revisions that will provide the level of budgetary authority needed to carry out the programs and activities anticipated through June 30, 2003. In addition, staff has identified potential budget savings in several areas; these will require discussion and policy direction from Council. Mobile Skate Park Schedule As discussed at our goal setting session in January, the city could save funds by temporarily parking the mobile skate park in a more limited number of locations throughout the city. This would eliminate the staff time necessary to set-up and tear down the structure and relocate it more frequently. In addition, staff is proposing that Park and Recreation staff no longer monitor the skate park. This will save salary and benefit dollars for the remainder of the fiscal year and beyond. Fee Waiver Policy Direction The city fee schedule includes a not-for-profit rate for all of our facility rentals. Currently, these organizations are being assessed a rental fee at this rate, and then solicit Council to waive the fee. This fiscal year, the Council has waived $3,192.50 for rental fees and $59,626.00 for Memorial ParldQuinlan Center/Senior Center Festivals (see attached fee waiver schedules). Staff is proposing that fees be imposed at the not-for- profit rate and that no rental fee waivers be considered. Fourth of July Policy Direction This year, the Fourth of July program will cost the city approximately $58,000. Because of construction plans at DeAnza College, the evening music program will be eliminated and the evening event will consist solely of a nighttime firework display. The pancake PrintodonRecycleclPaper i~~'l breakfast and children's parade will continue as usual. Despite budget constraints and change in venue of the program, staff is moving ahead with a fireworks display; if the Council wants to cancel this event and save $55,000 (the morning program costs $3,000), they should so indicate immediately, as the City is about to enter into a contract with PyroSpectacular. Adopt Midyear Budget Amendments General Fund Revenues Due to the continued downturn in Silicon Valley's economy, General Fund revenues in several key categories have not been able to recover from the prior fiscal year as forecast in the original 2002-03 budget. The City's sales tax has been hardest hit: declining from $12.5 million in 1999-2000, $11.8 million in 2000-01, and $10.4 million in 2001-02, .sales tax revenues will fall far short of the current year's $11 million dollar projection. A $1 million budget decrease is recommended. The addition of a fourth hotel in the City has allowed transient occupancy taxes to keep pace with last year's hotel taxes, but this revenue category will also not hit original projections. Revenues from the City's original three hotels are down 29% from the prior year, and the new hotel is running 24% of projections. Having fallen from $2.3 million in 2000-01 to $1.5 million last year, only $1.7 million can be expected from this revenue source in 2002-03, a $700,000 decrease from the adopted budget. The sluggish economy has also impacted Utility User Taxes (UUT), which are down 6% as opposed to the 6% increase anticipated. Franchise fees are also down, although part of the decrease is the loss of franchise fees paid on cable modem services. Downward adjustments of $260,000 and $120,000 are recommended for the UUT and franchise revenue budgets, respectively. Lower interest rates in fixed-income investments have resulted in a decrease of over 25% in the City's portfolio yield (4.37% to 3.24%, Dec. '01 - Dec '02.) Most economists project that rates will not head progressively higher until the second half of 2003. That being the most probable scenario, investment income will come in $50,000 short of the $1 million adopted budget. Rental income is coming in slightly higher than projected, and should offset $20,000 of the investment shortfall. A bright spot in the 2002-03 fiscal mix is the one-time dividend paid upon the issuance of the City's refinancing debt. The City was able to refinance its outstanding $43 million debt, borrow an additional $16 million, pay all debt issuance costs, and earn a $1.038 million dollar premium on the issuance. The transaction will also allow the City to realize a $300,000 reduction in debt service for this year (reflected as a downward adjustment in operating transfers out.) General Fund Expenditures General Fund departmental spending is expected to remain within the adopted budget in most areas. However, several operating budget adjustments are recommended to reflect Itt-g_ anticipated demands or special programs identified subsequent to the adoption of the original budget. Budgetary savings have also been identified within some departments: A Community Forum in the Spring of 2003 (rather than in the fall) has been recommended by the mayor. A budget of $20,000 should cover the consultant and incidental costs. The City's health insurance programs are experiencing budget overages due to rising insurance premiums. In particular, retiree medical insurance premiums have risen sharply with the new year, and a $77,000 budget increase is recommended. Workers' Compensation premiums are also rising more than anticipated; a $25,000 amendment is needed in the Workers' Comp. internal service fund. One of the video department's cameras was significantly damaged when a tripod collapsed during the taping of footage earlier this month. Because the camera is essential for the daily operation of the video department, staff is recommending that it be replaced, at a cost of approximately $18,000. A reasonable cost estimate for bringing the Quinlan Center fountain back into operation has been obtained. Of the $75,000 required, $40,000 is available in the current year budget. An additional $35,000 appropriation is recommended to complete the necessary funding. The Parks and Recreation Department is recommending that the SK8Mobile remain stationary and unstaffed for the remainder of the fiscal year. The cost savings would be approximately $20,000. A cut-back in the number of Noon- time programs offered by the Department, particularly in the middle/high schools, would save an additional $10,000. The Community Development Department will also realize budgetary savings due to a vacant Senior Building Inspector position. The salary and benefit savings will be approximately $55,000 through the end of the fiscal year. By reducing contract graffiti removal services ($20,000) and janitorial services at Wilson Park ($10,000), the Public Works department will realize additional savings. These services have not been utilized to the degree anticipated so far this fiscal year. Traffic professional services can likewise be reduced ($50,000). Staff has compiled a list of CIP projects that can be closed. These projects have either been completed, or, in the case of projects approved for partial grant funding, the funding has been reconsidered. Remaining balances of closed projects and matching grant funds can be returned to the General Fund in the amount of approximately $100,000 Additional CIP projects that can be closed out have been identified: The San Tomas Aquino Saratoga Crk. Trail has been completed, with a remaining budget of $150,000; the program of traffic signal upgrades ($150,000) can be deferred to future years; and funding for Traffic Street Walkability modifications can be withdrawn ($95,000), as only the smallest of projects have been identified for this program to date. Contract services in two Gas Tax Fund projects can be deferred by Public Works. Pavement Management projects, as well as Sidewalks, Curbs and Gutters contracts, will provide a total of $200,000 savings to the Gas Tax Fund, reducing the associated General Fund contribution (operating transfer out). Including the SK8Mobile vehicles to the City's vehicle fleet (in the Equipment Revolving Fund) will reduce the need for additional vehicles, saving the fund $30,000 this fiscal year. Since charges fro maintenance and replacement of the City's vehicle fleet are charged back to departments, the result is operational savings for the General Fund. FISCAL IMPACT The total impact of the budget adjustments from the General Fund per this mid-year analysis is zero (see summary schedule attached). It should be noted that these appropriation changes are requested to insure the budgetary authority required to provide for specific programs, to reduce the need for year-end budget adjustments, and apprise the Council of changes in current year budget needs. Additional cost saving measures have been proposed that need Council consideration. RECOMMENDATION: Staffrecommends approval of the budget adjustments discussed in this report. Submitted by: Carol Atwood Administrative Services Director Approved for submission: David W. Knapp City Manager C~ol Fer~ll - Finance Manager FEE WAIVERS QUINLAN COMMUNITY CENTER PERMITS As of 03/06/03 2OO0 IFWC New Year Celebration Cupertino High School Baccalaureate Cupertino Host Lions Club Optimist Club Cupertino High School Football Banquet Cupertino Community Services Chamber of Commerce Total waived for 7 permits $150.00 $77.25 $2,225.00 $60.00 $158.25 $42O.OO $82.50 2001 IFWC New Year Celebration Quota Club Homestead High School Music Optimist Club of Cupertino Pacific Scribes State of California Fine Arts League Total waived for 7 permits $975.00 $45.00 $180.00 $100.00 $134.00 $70.00 $1,920.00 2OO2 EDD Tax Branch IFWC Fundraiser Cupertino Optimist Club (Senior Center) Cupertino Optimist Club California Grand Jurors Cupertino Symphonic Band Homestead High School League of Women Voters (Creekside) Cupertino Symphonic Band Cupertino Symphonic Band League of Women Voters Fremont Union High School Rotary Home of Christ Total waived for 14 permits $85.00 $1,400.00 ;87.50 ~,461.75 ~150.00 ;317.50 ;171.00 ;20.00 ;487.50 ;375.50 ;100.00 ;75.00 ; 137.50 ;80.00 2003 IFWC Fundraiser Cupertino Symphonic Band De Anza Optimist Club of Cupertino Home of Christ - Easter Egg Hunt Chamber of Commer-State of the City Home High School Music Boosters Org. of Special Needs Families $941.00 $548.50 $433.00 $165.00 $75.00 $402.00 $628.00 4-year total waived for 28 permits $3,173.00 $3,424.00 $3,948.25 $3,192.50 $13,732.75 FEE WAIVERS MEMORIAL PARK/QUINLAN CENTER/SENIOR CENTER FESTIVALS As of 03/06/03 2000 Cherry Blossom Festival Art and Wine Festival Oktoberfest Moon Festival IFWC 4th Annual Cultural Arts Event Total waived for 5 events $7,290.00 $7,650.00 $3,407.50 $3,280.00 $770.00 $22,397.50 2001 Cherry Blossom Festival Art and Wine Festival Moon Festival Oktoberfest Ikebana Flower Show Total waived for $ events $10,678.00 $7,405.00 $8,4150O $4,820.00 $12,120.00 $43,438.00 20O2 IFWC 5th Annual Cultural Arts Event Cherry Blossom Festival Art and Wine Festival Moon Festival (Senior Center) IFWC 6th Annual Cultural Arts Event Oktoberfest Total waived for 6 events $3,224.00 $17,979.00 $11,433.00 $14,883.00 $2,974.00 $9,133.00 $59,626.00 2OO3 Total waived for # event 4-year total waived for 17 events $125,46t.50 City of Cupertino 2002/03 Budgetary Adjustments General Fund Revenues Taxes Sales Taxes Transient Occupancy Taxes Utility Users Taxes Franchise Fees Licenses and Permits Use of Money and Proper~y Investment earnings Miscellaneous Revenue Sale of Property Other revenues (premium from debt issuance) Total Budgetary Revenue Adjustments General Fund Expenditure Additions Administrative Add'l Community Forum Public Information Replace damaged camera Administrative Services Increase in Retirees' Health Ins. Premiums Public Works Repair Quinlan Center Fountain General Fund Expenditure Savings Public Works Reduce contract services in Graffitti removal Reduce janitorial services at Wilson Park Reduce traffic contractual services Parks and Recreation Skate Park location same through 6/30/03 Reduce Noontime Program (9-12) Community Development Vacancy in inspector position Operating Transfers Out For Gas tax fund programs For CIP ~(Closed projects listing) For CIP (San Tomas Aquino Saratoga Crk. Trail) For CIP (Traffic Signal Upgrades) For CIP (Traffic St. Walkability Mods.) For Equipment Revolving Fund (reduced vehicle fleet) For Debt service Total Budgetary Expenditure Adjustments Total Impact, General Fund 110-00004020 110-0000-4030 110-0000-4040 110-0000-4050 110-0000-4110 110-0000-4211 110-0000-4812 110-0000-481l 110-1000-6331 110-3500-9400 110-4510-5720 110-8504-9300 110-8406-7014 110-8508-7014 110-8601-7014 110~6343-7014 110-1000-6331 110-0100-8020 -1,000,000 -700,000 -260,000 -120,000 32,000 -30,000 1,038,000 -$1,040,000 20,000 18,000 77,000 35,000 -20,000 -10,000 -50,000 -20,000 -10,000 -55,000 -200,000 -100,000 -150,000 -150,000 -95,000 -30,000 -300,000 -1,040,000 S0 City of Cupertino 2002/03 Budgetary Adjustments (cont.) Other Funds 1SF - Workers Compensation Fund Premiums Debt Service - Operating Transfers In Debt Service - Debt Service Payments Gas Tax Fund - Operating Transfers In Gas Tax Fund - Sidewalks, Curbs and Gutters Gas Tax Fund - Pavement Management Capital Improvements - Operating Transfers In CIP - San Tomas Aquino Saratoga Crk. Trail CIP - Traffic Signal Upgrades Various cIP - Traffic St. Walkability Mods CIP - closed projects 620-4550-7023 365-0000-4910 365-5301-8011 270-0000-4910 270-8403- 270-9450- 420-0000-4910 420-9116 420-9545 420-9548 Various 24,487 -300,000 -300,000 -200,000 -100,000 -100,000 -150,000 -150,000 -95,000 -100,000 The City of Cupertino Midyear Budget Amendments & Policy Review Strategies for 2001/02 · IVlonitor trend lines · Report to City Council · Take Action Action Steps # 1 · Reduce Expenditure Budgets Do not reduce "across the board" Departments must have "buy in" Set the rules up front- CY vs FY Action Steps #2 · Review internal policies Salary savings Re-allocation of charges Carry-over policy Service levels Action Step #3 · Fund additional year end shortfall Economic Uncertainty Reserve Strategy Results & Plans · 2001/02- · Reduce Operations by $800,000; Economic Uncertainty Reserve was untouched. · 2002/03- · Reduce Operations by $1 M; Balance budget with Economic Uncertainty Reserves. · 2003/04- · Reduce Operations by $1 M; Reduce CIP by $1M; Reduce Economic Uncertainty by $1 M. Obtain Council Buy Don't present Council a problem Present Council a solution Midyear Budget Solutions Fiscal Year 2002/03 IVlobile Skate Park Schedule · $20,000 savings for midyear ~ Temporarily park the mobile skate park ~ No longer staff the skate park · $80,000 savings for 2003/04 Fee Waiver Policy Direction · Charge a Non-for-Profit Rate · Eliminate Rental Fee Waivers · Consider a maximum in-kind contribution for festivals 4th of July Policy Direction · $55,000 Savings ~ Continue with the daytime events (Pancake Breakfast & Children's Parade) ,, Cancel the fireworks display due to: ~ DeAnza Construction Current Budget Situation General Fund · IVlidyear Budget Amendments Operating Revenue Adjustments Operating Expenditure Adjustments Operating Expenditure Reductions Operating Revenue Adjustments Decrease of $1,040,000 Sales Tax $1,000,000- TOT Tax 700,000- Utility Users Tax 260,000- Franchise Fees 120,000- Licenses/Interest 2,,000+ Premium on Debt Issue 1,038,000+ Operating Expenditure Adjustments · Increase of $150,000 , Second Community Forum $20,000 ~ Replace Camera 18,000 ,, Retiree's Health Insurance 77,000 , Quinlan Center Fountain 35,000 Operating Expenditure Reductions · Decrease of $1,190,000 ,~ Reduce Contract Services $ 80,000 ,~ Reduce Park & Rec Programs 30,000 ~ Senior Bldg Tnspector Sawngs 55,000 ,, Debt Service Reduction 300,000 ,, Vehicle Fleet Purchases 30,000 Operating Expenditure Reductions, continued · CIP funding: ,, Close out of completed projects $ 100,,000 Close out San Thomas Trail 150,000 Delay misc s~gnal upgrades 150,000 Reduce Walkability Mods 95,000 Reduce Sidewalk/Curbs/Gutters 100,000 Reduce Pavement Mgmt 100,000 Questions and Answers CITY OF City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (,408) 777-3366 www.cupertino.org OFFICE OF THE CITY MANAGER SUMMARY Agenda Item No. I 5' Meeting Date: March 17, 2003 SUBJECT AND ISSUE: Consider naming opportunities offered in conjunction with the Library/Civic Center fundraising efforts and authorize the Cupertino Library Campaign Committee to seek contributions based on an approved list. BACKGROUND: On July 15, 2002, the City Council reviewed a list of naming opportunities provided at Council request by City staff (see attachment I, staff report and list of naming opportunities). Although the staff report made no specific recommendation and further specifically stated that, "...no authorization or official action on the part of the City Council is needed," the Council by unanimous vote accepted the report. The Cupertino Library Campaign Committee, armed with an "approved" list, began to approach potential donors to solicit contributions based upon the "approved" list. At least 3 items on the list have been "taken." Recently, the Campaign Committee has provided a new list (see attachment 2) adding new naming opportunities for the Council's consideration. RECOMMENDATION: That the Council review, and modify as appropriate, the revised list of naming opportunities, and authorize the Cupertino Library Campaign Committee to seek contributions consistent with that list. The Council authorization should be limited to naming for individuals, families, and service organizations connected with Cupertino. Submitted by: David W. Knapp City Manager Pdnted on Flecycled Paper I ~-~ / CITY OF ATTACHMENT #1 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 ADMINISTRATIVE SERVICES DEPARTMENT Agenda Item No. o~ / SUMMARY Meeting Date: July 15, 2002 SUBJECT AND ISSUE Review and comment on the library naming opportunities offered in conjunction with the Community Fundraiser for $1.2 million. BACKGROUND Last August, the City Council was asked by the library community to appropriate an additional $3 million dollars towards the library project, bringing the total project cost to $22 million dollars. The City was able to identify approximately $1.8 million of additional funding, and asked the community to come up with the difference of $1.2 million. The community accepted the challenge of raising $ t .2 million dollars towards this project. To help in the fundraising effort, a list of naming opportunities has been compiled to entice donors to contribute larger dollar mounts to the campaign. Tiffs list is attached for your review and comments. As the fundraising efforts are independent of the City staff functions, we are only asking for your feedbackjand no authorization or official action on the part of the Council is needed. RECOMMENDATION: Review and comment on the attached list of naming opportunities. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager Printed on Recycled Paper Naming Opportunities for Library and Civic Center/Communit~ Hall 1. Library Courtyard $250,000 2. Community Hall $250,000 3. Children's Room $100,000 4. International Languages Area $75,000 5. Children's Story Area $50,000 6. Teen Area $50,000 7. Covered Arcade $50,000 8. Plaza Water Fountains $50,000 9. Adult New Mater/als/Media Browsing Area $25,000 10. New Periodicals Display Area $25,000 I1. Children's Group Study Room $25,000 12. Teen Group Study Room $25,000 13. Adult Nonfiction Area $25,000 14. California Western Americans (CWA) Collection Area $25,000 15. Adult Quiet Study Room $25,000 I6. Adult Fiction Area $15,000 17. Adult Reference Area $10,000 18. Computer Training Area $10,000 19. Microform Area $5,000 ATTACHMENT #2 From: Cupertino Library Campaign Committee Date: March 12, 2003 NAMING OPPORTUNITIES FOR THE NEW LIBRARY AND ALSO FOR THE CIVIC PLAZA AND COMMUNITY HALL Naming Item Amount * Courtyard $250,000 * Children's Room 150,000 * Adult Nonfiction Area 100,000 * Children's Story Room 75,000 * Adult New Materials/Media 50,000 * Adult International Languages Area 50,000 Library Outdoor Sculpture 50,000 * Teen Area 50,000 * Adult Fiction Area 50,000 Lobby 50,000 taken * Adult Reference Area 25,000 * Computer Training Area 25,000 * California Western Americana Area 25,000 Children's International Languages Area 25,000 Children's Picture Book Area 25,000 * New Magazines' Display Area 25,000 * Children's Group Study Area 25,000 * Teen Group Study Area 25,000 * Adult Quiet Study Area 25,000 Grand Stair 25,000 Express Self-Check Machines (4) 20,000 ea. Business Resources Area 15,000 Adult Seating Overlooking Plaza 10,000 Children's Tutor Study Room 10,000 taken Microform Area deleted Original Amount $100,000 25,000 50,000 25,000 75,000 15,000 10,000 10,000 5,000 * Community Hall Building (structure) Lobby 100,000 Dais 25,000 North and South Terraces (2) 25,000 ea. Conference Room 10,000 250,000 taken * Plaza Water Fountains * Covered Arcade Plaza Garden Areas (4) Stone Benches in Plaza (4) 100,000 50,000 75,000 50,000 25,000 ea. 10,000 ea. Notes. 1) All naming is subject to confirmation by the City Council. 2) All items marked with an asterisk (*) have been reviewed by City Council. 3) The amounts of some items were revised and new items added in consultation with Dorothy Stow, SWMW, and Mary-Ann Wallace. 4) ltems so indicated have been reserved by donors, i.e. Lobby by Cali Family. City Hall 10300 T0rre Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 CUPE INO PUBLIC INFORMATION OFFICE SUMMARY Agenda Item Date: March 12, 2003 Subject: Adopt policy on legislative priorities. Background: The Santa Clara Cities Association and the League of California Cities often request quick action and support fi.om cities in response to the state legislative process. To provide guidance for the city's representatives when there is not enough time for council action, the attached legislative guidelines are recommended for your approval. Recommendation: Adopt the attached legislative guidelines for city councilmembers and staff. Public Information Officer Approved for submission: David W. Knapp City Manager Printod on Recyc/ed Paper /6 ~"/ CITY OF CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 OFFICE OF THE MAYOR AND CITY COUNCIL March 12, 2003 Legislative Priorities The Cupertino City Council has adopted some general criteria to guide evaluation and responses to legislative and ballot measures. Measures should be pertinent to at least one of the following: · Protect local revenues · Protect or increase local government discretion · Protect or increase funding for specific programs or services (e.g. park bonds) · Support key programmatic goals (e.g. expansion of recyclable materials) · Prevent unfounded mandates · Be consistent with existing city policy · Have a direct impact on the city In addition, our Council has established five priorities: · Long-term finances · Infrastructure · Land use planning · Affordable and attainable housing · Traffic calming The City Council and staff will continue to work closely with the Santa Clara County Cities Association, the League of California Cities and other coalitions and advocacy groups that support these legislative priorities. Printod on Rocycled Papor / ~ ~ cuP P so City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimbcrlys~cupertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. [ ~ Meeting Date: March 17, 2003 SUBJECT AND ISSUE Select application deadline and interview date for the Cupertino Teen Commission. BACKGROUND The Cupertino Teen Commission is composed of thirteen members, with at least one person from each public middle school and public high school in Cupertino. Terms of office are two years beginning in September. A combination of scheduled vacancies and students to a new school will create vacancies that must be filled from both Kennedy and Hyde Middle Schools. The following commissioners have terms that end in August: Patty Fang Emily Liu Angelica Zen Erin Gatley Zoravko "Zack" Kolev Akshita Deora Kenny Lin Resolution 02-167 (attached) sets forth the recruitment and appointment process. RECOMMENDATION: A. Establish a deadline of May 9 for Teen Commission applications to be received in the City Clerk's Office. B. Schedule a date for interviews before City Council. Teen Commission suggests June 3, to avoid interviews too close to finals. C. If there are more than six applicants in a grade, the Clerk will provide a matrix for Council ranking by May 15. These must be returned to the Clerk by May 21. Pr#~tod oa t~ocyclod Papor I ~- --} August 19, 2002 Page 2 D. Direct that the Parks and Recreation staff distribute reminder notices and brochures to middle and high schools in the Cupertino corporate limits, with emphasis on Kennedy and Hyde Middle Schools. Submitted by: Approved for submission: City Clerk David W. ~napp City Manager - RESOLUTION NO. 02-065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION 01-199 ESTABLISHING A CUPERTINO TEEN COMMISSION WHEREAS, providing activities and opportunities for youth is a high priority of the Cupertino City Council; and WHEREAS, the Council has determined that the community is best served in this endeavor by establishing a Teen Commission to advise the Council and Parks and Recreation staff on issues and projects important to youth; and to reflect the broadest possible representation of Cupertino youth. WHEREAS, the Council has elected to appoint a Teen Commission for the City of Cupertino in recognition of the importance of their charge; NOW, THEREFORE, BE IT RESOLVED that the City Council create the Cupertino Teen Commission according to the following: The Cupertino Teen Commission will be comprised of thirteen (13) members, at least one person from each public middle school and public high school in Cupertino. Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade. The members of the Teen Commission shall be appointed pursuant to the current recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate in the Teen Commission. The Parks and Recreation Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council shall appoint new commissioners in June, to be seated in September, except in the case of reappointment of vacant seats. ^) In the event that more than 30 valid applications are received for the Teen Commission, the following procedure will be used to select those applicants that will be interviewed: 1) For any grade for which there are 6 or fewer applications, all applications for that grade will be retained for the interview phase. 2) For any grade for which there are more than 6 applications, the City Clerk will distribute all applications to all Councilmembers. Each Councilmember will rank the applications separately for that grade with a Resolution No. 02-065 Page 2 of 3 number starting at 1 for the Councilmembers least favored applicant and continuing with successively higher numbers to the highest ranked applicant. For example, if there are 10 applications in grade 11, each Councilmember will rate each of those applications from 1 to 10, with 10 being the score of the Councilmember's top choice. The City Clerk will then add those scores and retain only those applications with the top 6 scores. In the case of a tie for 6th place, all the applications in 6th place will be retained. 3) All retained applicants will then be interviewed by the Council. B) For all applications in the interview pool, the City Clerk will summarize the applications on a chart that indicates applicants' names, schools, and grades in order to assist the Council decision process. The summary chart will be distributed to the Councilmembers before interviewing begins. c) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a two-minute speech answering the questions: Why do you wish to serve? and Why do you feel you are qualified to serve? r)) Each Councilmember will then have the opportunity to ask at least 1 question of the applicant. E) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments. F) In case no applicant is appointed from one of the 5 public schools in Cupertino, that seat will be left open and the opening will be re-advertised for a subsequent appointment process. Commissioners should reflect the broadest possible representation of Cupertino youth. The term of office of each commissioner shall b~ two years, beginning in September with the new school year. None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city. Th~ Commission shall elect a chair and vice-chair at the beginning of each year. Meeting times and location will be decided by the commission at the first meeting of the year, and will be adopted as the annual meeting schedule pursuant to the Brown Act. Actions taken by the Commission will be by majority vote. Resolution No. 02-065 Page 2 of 3 · The Department of Parks and Recreation will provide staff support to the Teen Commission and will post meeting agendas. Commencing in 2002, seven (7) Teen Commissioners shall be appointed for a one-year term and six (6) appointed for a two-year term. In 2003, (7) Teen Commissioners will be appointed to a two-year term setting the staggered terms of six (6) appointments in even numbered years and seven (7) appointments in odd-numbered years. Vacant seats will be filled with applicants willing to finish the term. · The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth. IT IS NOW THEREFORE RESOLVED by the City Council of the City of Cupertino that these amendments to the Teen Commission Resolution 01-199 be adopted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of May, 2002 by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: APPROVED: /s/Kimberly Smith City Clerk /s/Richard Lowenthal Mayor, City of Cupertino ORDINANCE NO. 1916 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 11.08.270 RELATED TO SKATEBOARDING AND ROLLER SKATING AT THE CIVIC CENTER PLAZA WHEREAS, in 2002 the City Council adopted Ordinance 1898 to permit skateboarding in certain areas of the Civic Center Plaza; WHEREAS, in 2003, demolition began in preparation for construction of a new library and plaza; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby ordains that Chapterl 1.08.270 is amended to read as follows: 11.08.270 Prohibition of skateboarding and roller skating It is unlawful and subject to punishment in accordance with Section 11.08.280 of this chapter, for any person utilizing or riding upon any skateboard, roller skates or any similar device to ride or move about in or on any public property when the same property has been designated by the City Council and posted as a "No Skateboarding or Roller Skating Area.." The following is established as a no skateboarding or roller skating area: Civic Center Plaza (City Hall/Library). ~a +~ Librazy. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of March 2003, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO AMENDING SECTION 11.24.170 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PARKING LIMITATION ON CERTAIN STREETS, ESTABLISHING A 30-MINUTE LIMITED PARKING ZONE ON BONNY DRIVE, SCOFIELD DRIVE, AND PEPPER TREE LANE, IN THE VICINITY OF FARIA SCHOOL THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 11.24, Section 11.24.170 be amended to add the following: Period of Sides of Street Time Hours Street Portion Exceptions Pepper Tree 30 8:00 a.m.- Both Between Stelling Road and When school is Lane 3:30 p.m., Bonny Drive not in session M-F Scofield Drive 30 8:00 a.m.- Both Between Barbara Lane and When school is 4:00 p.m., Western Drive not in session M-F Bonny Drive 30 8:00 a.m.- Both Between Scofield Drive and When school is 3:30 p.m., SheLly Drive not in session M-F INTRODUCED at a regular meeting of the City of Cupertino this 3rd day of March, 2003, and ENACTED at a regular meeting of the City of Cupertino this 17th day of March 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino cupertino City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 F~X (408) PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE March 17~ 2003 SUBJECT AND ISSUE Report on proposal from Council member Sandoval regarding a City Policy on Responsible Contracting. BACKGROUND On March 3, 2003 the Council considered a report on various labor compliance issues with respect to the Phase II Library/Civic Center project. As part of that report, Council also considered a staff recommendation regarding Prevailing Wage requirements, including specifications to require contractors to submit certified payroll along with an obligation to the City to audit each payroll submitted with fines for non-compliance with the submittal requirement. Council accepted the staff report but took no action on the certified payroll recommendation. At the conclusion of the discussion of the Labor Compliance, Council member Sandoval presented to the Council a proposal for a City policy that she suggested would be to assure that the City does business solely with responsible contractors who abide by all applicable laws and regulations. Council member Sandoval requested that the Council direct staffto place the proposal on the Council meeting agenda for March 17, 2003. Staff advised Council that it would be very difficult to present a complete review, evaluation and recommendations on a significant policy matter in the short turnaround time between agenda deadlines. The Council therefore requested that staff review the proposal and provide an initial (or even interim) report on the subject for Council consideration on March 17, 2003. This report responds to that Council request. PrintedonRecyc/edPaper a~l,~...[ Qualification of Responsible Bidder State Law currently provides for the definition of a "responsible bidder" as a bidder "..who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." (Public Contract Code Section 1103). In developing the construction and bidding documents for public projects staff has always included provisions for determining that low bidders meet this definition. These include questionnaires in the bid documents to be submitted by the bidders certifying that they conform to that requirement. Typically staff will verify the key features of those qualifications such as those noted in Council member Sandoval's proposal (proper contractor's license, bond requirements, debarment lists, etc.). Also staff will check with other public agencies for which the contractor has worked to confirm the contractor's conduct on the job and quality of their work. These informal follow-ups are much like checking references for an offer of employment. This has proven sufficient for past contracts in terms of awarding to responsible bidders. However, owing to the size and nature of the Library/Civic Center Phase II project, staff has, with the efforts of the design (SMWM Architects) and construction management (NOVA Partners) consultants, worked to develop additional language and questionnaires for the bidding documents to ensure, to the greatest extent possible, compliance with the definition of responsible bidder. It should be noted that this effort has been underway for the past several months in the preparation of the project construction and bid documents. These details, along with rest of the documents, will be complete in the next few weeks to ensure that the project can be advertised to prospective bidders on April 7, 2003. As that date is also the next regular Council meeting, it would be appropriate to present the Council with a report at that time to detail the responsible bidder provisions contained in the bid documents and to address them in the context of Council member Sandoval's proposal. STAFF RECOMMENDATION It is recommended that the Council accept this interim report and continue the matter for a m~ore comprehensive report to be presented at the regular Council meeting of April 7, 2003. Submitted by: Ralph A. Quails, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager CUPEI(.TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE March 17~ 2003 SUBJECT AND ISSUE Monthly Status Report - Cupertino Civic Center and Library Project BACKGROUND Proiect Progress The project is being constructed under two separate contracts, one for the demolition and site grading (Phase I) and the other for the new Library and Community Hall buildings and the Civic Center Plaza (Phase II). The Phase I contract is now approximately 25% complete. The contractor is continuing the grinding up of the old concrete materials which will be recycled for use as part of the fill in the plaza and the old library basement. The interior demolition of the library building is almost complete and ail utilities (gas, electric, water, etc.) while having been turned off for some time are now completely disconnected and the actual demolition of the main building structure is now under way. The Phase I work is on schedule for completion in May 2003. The Phase II bid package is on schedule and the 100% construction documents have been received and have completed the permit/plan-checking process. The final bid documents will be completed by the end of March for printing and distribution to the prospective bidders. The bidding of the construction contract for Phase II is still on schedule for April 7, 2003, to ensure the completion and opening of the facilities in October, 2004. Budget Summary Program Budget (Library, Plaza & Community Hall) (Less) Community Fund Raising Commitment (FF&E) $25,500,000 (1,200,000) Balance Project Budget (Approved Aug 2001) $ 24,300,000 Printed on Recycled Paper Budget Status Summary Project Budget $24,300,000 Budget estimates: Architectural Consultants 3,000,000 Construction Management (CM) Consultants 900,000 Specialty Consultants (AV, GeoTech, etc.) 300,000 Temporary Library 500,000 Phase I Construction Contract 475,000 Phase II Construction Contract 19,125,000 Total Project Estimate $24,300,000 As noted earlier, the final documents will include sufficient "add alternates" to ensure that, to the greatest extent possible, whatever low bid is received, the Council will retain sufficient flexibility to award a contract within the budget. The Council had requested a listing of the add alternates prior to advertising the project and that list is attached to this report indicating a total value for all add-alternates of $350,000. All of the add alternates are convenience or quality upgrades such that even if none were taken the building will be complete. With the combination of some final value engineering and the add alternates the current project estimate remains within the budget. In addition, it had earlier been suggested that a portion of the library stacks shelving (estimated to be approximately $400,000 and included in the funds to be raised by the library foundation) could be bid as an add alternate. On the advice of the Santa Clara County Library Department, and concurrence of the architect and construction manager, it has been decided to bid this item separately. Staff and consultants believe that a better price can be achieved without including the construction contractor's overhead in what is essentially a procurement and installation contract of a specialty item common to libraries and will be bid later in the schedule. Issues There are no other issues anticipated at this time. This report is for the Council's information and no action is required. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager Attachment - List of Bid Add Altemates Civic Center Project Bid Add Alternate List 3/6/03 Description Estimated Cost(S) Alternate No. 1 - Add elevator cab No. 2 at staffback of house location. Current design depicts all infrastructure (shaft,power,crc) for future elevator cab installation. 65,000 Alternate No. 2 - Added trees on the perimeter of the Community Hall building. The current design calls for no trees in the grass area on the perimeter of the Community Hall building. This alternate adds approximately 31 trees At the perimeter of the community hall building. 31,000 Alternate No. 3 - Add motorized window shades at Library perimeter windows. Design drawings currently show manually operated window shades 15,000 Alternate No. 4A - Change type A concrete walk broom finish to medium sandblast' finish. Current design depicts all concrete walkways to have smooth finish. 80,000 Alternate No. 4B - Change Type A concrete walk finish to integral colored concrete Finish. Current design indicates all walkways to have standard Grey color finish. 76,000 Alternate No.5 - Alternate No. 6 - Add orchard trees at east parking lot island swales (Approximately 15 trees). Current design depicts Grass swales at island/in-between curbs With irrigation system in place for future trees Add Artesian plaster wall finish with reveals at library column Lines 2, 10, K, and E. Walls currently specified to be drywall with painted finish. 17,000 66,000 Totals $350,000 Ex TENDED STAY AMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. DESIGN REVIEW BOARD RE-SUBMITTAL CITY oF CUPERTINO FEBRUARY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS INC. P.S. E A S T E L E V A T ~ 0 N FREIHEIT & HO ARCHITECTSr INC.t P.S. ESA//8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA FEBRUARY 21, 2003 EXTENDED StAY AMERICA I~FFICIENCY STU DIO S ESA MANAGEMENT, INC. N 0 R T H E L E V A T I 0 N FREIHEIT & HO ARCHITECTS~ INC.r P.S. ESA #8961 - DE ANZA BOULEVARD EXTENDED C--' CUPERTINO, CALIFORNIA ST^Y^MERICA FEBRUARY 21 2003 E..,c,..cY ..up,os ' ESA MANAGE~, INC. W E S E L E V A T I 0 N FREIHEIT & HO ARCHITECTS~ INC.I P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA FEBRUARY 21, 2003 EXTENDED STAYA,MERICA EFFICIENCY S TIJ DI OS ESA MANAGF_IY~NT, NC. S 0 U T H E L E V A T T 0 N IFREIHEIT & HO ^RCHIIECIS~ INC.~ P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA FEBRUARY 21, 2003 EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. EXTENDED STAY AMERICA EFFICIENCY STUDIOS ESAU961 - CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS, INC., P.S. Accented banding, similar to the Apple building, defines floors horizontally. / ! ! I I Windows relate to the size and propodion of the neighboring hotel The size and shape of the entrance canopy from the Apple building is reflected in the new tower canopy. E A S T E L E V A T I 0 N The overhangs and canopies reference those on nearby structures. Balcony railings mimic those on a nearby retail building. EXTENDED STAYA, MERICA EFFICIENCY STUDIOS ESA MANA~, I~ 'i EAST ELEVATION EXTENDED STAY AMERICA HOTEL DE ANZA BOULEVARD CUPERTINO, CA FREIHEIT & HO ARCHITECTSr INC.r P.S. The massing of surrounding buildings emphasizes the horizontalily of the neighborhood. PLANTI'4G NOTES TIlE PROTECTION NOTES: PLANTING LIST / , ~///~ . . ~ /. . ~ . '' ~,T~ , " ' 4-STORY BUILDING 20' REDWO~O (~ SITE PLAN SITE/PROJECT SUMMARY; NET ~ KEYNOTES: LEGEND: ..... EASEMENT LINE EASEMENT NOTES; C2.1 J NOTES: LEGEND:~ ~ ~ w-~ ~~ ............. ~-~.~ ~ ', ~ ~ ~ ~ ~ ; ~GRADING AND DRAINAGE P~N P~ ..... o.~, .o. ,o. C3.1 N. I~E ANZA ~ULEVA~-~ NORTH O' I0' 20' 40' N. P~ ANZA DOULEVA~,D ~j NO~TH SCALE: 1/16"=1'-O" O' lO' 20' 40' Il ~ I I I ~ I t~ I/~ ~--~ ........................ .-~ ' ..... i ~ I ,k-~--/f'T---'=',~-- ..... ~L~3~/==~-~---~,T ~ ~' /, I ' i ~ k~J ~ ..... - /'1 ~ ~ I , ~ ~ ~~ _ ~ , , ~ I I l~ fi~ ~ ~ ~ ~ ii j , 4 STORY ~ / ,'/, ~ ~ ~~~;" Li. ,~o~ ~ I / J / z~ ~ ,t ~L~DSCAPE I %' J / /~ ~ ~ ~ ~ ~,'~ ]S~AC~ / / ~ ,'///~ ~'~ / ~ ////~ ~~ .~ ? , I ~ I ~ ;//,('A~ 9~_ -~'::' J ~ ' / ~ /i/C~ ~- .- ': '-" ~* / ~ ,'i~ /~ ~8 ~ il ~i/' / / ~ J -/~~ , '-[ ~ / ~ t / NORTH / SCALE: 1/16"= 1/-0" / ........ A2 0 FIRST FLOOR PLAN I 0 0 R PLAN FOURTH FLOOR P L A N BUILDING SECTION A-A BUILDING SECTION B-B A4.0 SECTION AT DE ANZ. A t~LVD. SCALE: I/4" = I'-O" IA4.1 EXIBITS BEGIN HERE CUPE INO KlM SMITH City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK To: From: Subject: Date: Council members and staff Grace Johnson, Deputy City Clerk Addition to item number 6 February 27, 2003 The following attachment belongs with item number 6 regarding the Treasurer's Report Grace Johnson Printed on Recycled Paper City of Cupertino January 2003 I ADJUSTED MATURITY MARKET YIELD COST VALUE VALUE PROFIT/LOSS ACTIVITY DATE IPURCHASE MATURITY DESCRIPTION SECURITIES MATURED/CALLED I SECURITIES PURCHASED ~ 01/03/06 FNMA© 1,000,000 07/28/06 FNMA© 3.05%1 I l,OOO,OOO 01/03/03 01/28/03 i 2'13%~ 1,000,000 1,000,000 3.24% x,ooo,oooI 1 ooo,ooo I 01/30/06 01/30/03 [FNMA(floater)© CURRENT PORTFOLIO CASH 0011/31/0033 CupertinoNational Bank 400,000 Greater Bay Trust Company ] 0 400,000 I CORPOP~TE BONDS 0 ZORP - 01/31/03 State pool MONEY MARKET FUNDS [ 01/31/03 ICupertinoNatl-Sweep account MORTGAGE OBLIGATIONS 07/09/93 04/15/07 IFHLMC(P) 08/01/01 I 08/01/05 [FHLB(P) 08/02/01 : 02/07/05 FHLB(P) 09/30/93 06/28/02 06/28/02 06/28/02 06/28/02 06/28/02 06/28/02 06/28/02 06/28/02 07/15/02 10/28/02 11/26/02 12/16/02 01/28/03 01/30/03 05/15/08 FHLMC(P) 02/15/04 FHLMC(P) 04/15/04 FHLMC(P) 05/14/04 FNMA 03/15/04 FNMA 09/15/04 FNMA 06/15/04 FNMA 11/01/04 FNMA 11/17/03 FNMA 07/15/04 ,FNMA© 10/28/05 tLB© 05/26/06 FHLB© 06/16/06 FHLB© 01/03/06 FNMA© 07/28/06 qMA© 01/30/06 FNMA(floater)© GOVERNMENT SECURITIES _ 02/07/00 06~ Note - 07/01/02 ! 12/31/03 ]TreasuryNote iAverage Yield - /- Average Length to Maturit~ (in years) 400,000 0 400,000 0 0 0 2.10%! 10,321,859 0.65~ 998,798 998,798 6.90% 412,538 5.38% 1,500,000 5.26% 1,500,000 6~62% 2,918,163 6k 2.71% 1,333,413 16k 2.80% 1,314,374 2.91% 1,345,088 2,84% 1,327,783 3.12% 1,793,123 2.93% 1,201,105 6k 3.34% 683,770 6k 2.56% 2,044,501 6k 3.15% 2,400,000 61 ' 3.30% 1,000,000 6k 3.18% 1,000,000 3.40~ 2,500,000 66kk, 3.05°A 1.000,000 3.24~ 1,000,000 6k i 2.13~ 1,000,000 , 10,321,859 998,798 I 27,273,859 5,009,511 44,004,028 998,798 1,000,000 1,000,000 1,000,000 400,000 0 0 0 400,000 0 0 0 0 10,321,859 0 998,798 998,798 407,097! 424,990: 12,451 1,5oo,oooI 1,527,000! 27,000 1,500,000 1,588,983 88,983 2,860,000I 2,919,028 864 1,3oo,oooI 1,351,145 17,731 1,300,0001 1,335,246' 20,8/2 1,300,0001 1,367,540 22,453 1,300,000 1,347,459 19,677 1,800,000 1,851,685 58,562 1,200,000 1,223,572 22,466 650,000 2,000,000 2,400,000 700,086 2,063,074 2,417,254 16,315 18,573 17,254 1,000,000 1,003,889 3,889 1,000,000 2,500,000 1,000,000 1,000,000 1,000,904 1,000,000 1,002,123 1,003,436 1,001,582 27,630,451 27,017,097 5,000,000 43,737,7551 3.35% 1.45[ 904 1,458 2,126 3,436 1,582 356,592 2,500,000 2,542,578 53,880 2,500,000 2,544,530 23,716 5,087,108 77,596 44,438,216 434~188 CiO~ of Cupertino January 2003 ]TRUST & AGENCY PORTFOI~IO DESCRIPTION REF I I ACTIVITY DATE ]PURCHASE ] MATURITY I 1 ~CC~RTIFICATES OF DEPOSIT: YIELD 07/27/01 [ 03/31/03 Cupertino Natl(Kester Trust) 6b 2.02%. _ ITraffic Impact Frank n Fiduciary Trust 1.00% JTotal Trust & Agency Portfolio ADJUSTED MATURITY MARKET COST VALUE 40,821 40,821 19,100 19,100 VALUE 40,821 19,100 59,921 59,921 59,921 0 BOND RESERVE PORTFOLI° 1 l/I 5/02 Lease Payment Fund I 0/I 5/02 LAiF Bond Account ~Total Bond Reserve Portfolio 0.649 1,325,697 1,325,697 15,792,000 17,117,697I 2.10% 15,867,042 17,192,739 (0) lInvestments by Type Managed Portfo io LAJF 23% 500% - 4.50% 400% 3 50% 3 00% 250% 200% 1 00% - 050% 000% Rate of Return Comparison 12101 1/02 2/02 3/02 4/02 5/02 0102 7/02 8/02 9~02 10102 11/02 12102 ~/03 . ] · Cupertino COMPLIANCE WITH INVESTMENT POLICY City of Cupertino January 31, 2003 Category Standard Comment Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate Bonds/Notes 30% with A rating Complies LAIF $40 million I Complies Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies (FHLMC at 7 yrs) " Remainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies City of Cupertino General Fund Budget Report Actual Actual % of Budget 1/31/03 2001/02Budget 2002/03Budget YTD01-31-02 YTD01-31-03 Over/Under AnalysisofTrends Taxes: S~l_es__Ta_x. 10,348,000 11,00_0,_000 .... 5,985,508 --5-,-0-[41~50 -2t.85% ...... Down 9.7% frown 3rd quarter last year Property Tax 3,78%000 3,700,000 1,811,443 2,08~5~,~_! 3 -3.36% Transcient Occupancy 1,460,000 2,365,000 749,515 ~7_69~, 158 -44.25% Collected t hr oyg_h December '02. Utility Tax 2,699,000 2,880,000 i 1,262,282 ~1,1~%5,058 -28.87% Franchise Fees 2,214,000 2,320,000 6_9~ ~7§_6 . __586,823 -56.64% Other T_ax~es .... 1~, 12~0,000 1,205,000 639,631 678,450 -3.48% Licenses and Permits 1,173,600 --i,[50,~-6-0 711,557 97~0-,_03~3 4z~-~60°/0 .... Use of Money & Property ...... 1,5_44,_5_00- _ 1,400,000 1,628,181 810,903 ..... _70.71% Yields down from 4.37 to 3.24% (Dec. - Dec.) Intergoyemm_ental 3,319,041 3,502,000 ..... ~2,065,454 2,210,057 8.19% __ Charges f~r Services 429,100 335,000 ?~,_6_,~5_ 260,122 33.11% Fines & Forfeitures 600,000 600,000 301,_272 .... _23_4_,28~4 -33.06% Other Revenue _ 80,000 15,817,600 48,137 17,193,019 86.34%___ Includes additional debt proceeds Total Revenue ~ 46.274.600 ~ ~ 18.58% 2002-03 Budget includes refinancing/library funding Operatipg. E~xP~n~dimres: ....... [ Administrative ......... 1_,5_ ! ~6,~32_5 .__ ~1,5_38,73_6 943,982 675,925 -24.70% Law Enforcement 6,123,181 6,274,494 3,439,974 3,657,839 .... _-0.06% _ Community Service _ 652,882 __ 74_7,_60_2. ..... _419,801 438,165 0.47% 'Administrative Service 3,344,477 3,602,871 2,025,673 2,042,4~9 ...... -2.82% __ Recreation Service 1,946,332 2,331,981 957,098 1,217,422 -10.50% C omm_u ~i~ D_e?l? p m~e nt 4,042,219 2,785,796 1,529,355 1,466,379 -9.76% Public Works 9,273,771 9,192,822 4,890,383 4,931,591 -8.04% Total Expenditures _ ~ 26.474.303 lJ.2.Q6265 ~ -6.5_6_~ _ Operating Transfers In I 2,825,000 1,725,000 1,122,919 1,006,250 .... 0.00% Operati_ng Transfers Out '- - ~91i 17192 i --2~-ii75,660 -5,27}.:~8s__ .....7.[~_,029,500 -1.56% -- 2002-03 Budget includes h:~sfers to CIP for New Library Net Income/Loss ~ -4.646.703 ~ Revenue Comparison 20000,000 lg,O00,O00 16.000.000 14,000,000 ~2,000,000 10,000,000 8000,000 8,000000 4.0(X3,000 E3YTD 01/31/03 Sales Tax Property Tax TOT Franchise Fees Money & Property Intergovernmental Expenditure Comparison 6,000,000 i i 1 2 3 4 5 6 7 City of Cupertino Summary of Budget Transfers -- 1/31/03 ~ Budget Revenue I Expenditure - Description Acct # I - Adjustment Budget I Budget 2002/03 ADOPTED BUDGET I I I 46,570,000i 67,065,000 Debt Refinancing/Issuance l I. 15,665,°°°I 2001/02 CARRYOVER: Encumbrances i various i 5,220,767[ , 5,220,76 / Department carryoversI~ various I537,770 537,770 _ Project carryovers various 11,434,531 11,434,531 t. EVENUE ADJUSTMENTS: Transcription Services - City Clerk 110-4811 · 2,600 2,600 ~After school enrichment programs 580-4725 -- 190,000i 190,000i _ W/h funds in excess of settlement, BFI 520-4811 93,944 93,944 ~Traffic Study for Villa Serra Apts " 110-4553 26,250 26,250 PG&E Safe Tree Grant 110-4553 20,000 20,000 110 4300 7014 2,600'1 EXPENDITURE ADJUSTMENTS: Transcription Services-City Clerk 51~i~}?0!:~, 2,600 After school enrichment programs 190,000 ~ 190,000 Salary adj. - City Manager . 7,719 i 7,719 Salary adj. - City Attorney I 110-1500-550t 7,470 7,47~ Salary ac[j. - RDA 250-7304-5501 1,250~I 1,250 Traffic Study for Villa Serra A_pts 10-8601-7014 26,250' 26,250 Additional costs for trial case~ ~110-1500-7075 20,000 20,000 PG&E Safe Tree Grant - [~-- 110-8408-9100 20,000 20,000 2002/03 ADJUSTED BUDGET I ~ 62,567,794, 84,533,35/ Capital Projects 12/31/02 Fund Proi# Description CIO enc CIO budget Adopted chanqe Total Budciet Encumbrance E.~b,u,dlture Current Bal. 110 9215 Department remodel 14,942.50 0.00 14,942.50 0.00 14,942.50 0.00 210 9612 Minor Storm Drain In',pwvv 9,300.00 132,290.09 71,507 213,097.09 61,956.50 64,796.38 86,344.21 215 962¢ Storm Drain Projects 0.00 1,024,304.32 75,000 1,099,304.32 32,700.00 95.70 1,066,508.62 270 9411 W.Stev Creek bike lane 0.00 20,965.00 i 20,965.00 20,965.0~ 270 9412 S.Stelling bike lane 0.00 24,712.00 24,712.00 24,712.0(3 270 9413 De Anza bike lane 0.00 40,523.00 40,523.00 40,523.0u 270 9438 Stev Canyon Rd widening 1,078,616.99 25,510.30 1,104,127.29 969,304.79 124,677.40 10,145.1J~ 270 943 Stev CrkJBlaney TlS modification 11,330.89 0.00 11,330.89 0.00 4,632.58 6,698.31 270 9432 Hmstd belleville TlS modif. 0.00 75,000.00 75,000.00 75,000.0~ _270 9435 Neighborhood traf calming 8,230.00 6,120.00 100,000 114,350.00 1,292.05 9,526.77 103,531.18 270 9436 Stev Crk Trail Bike facilities 0.00 30,219.00 30,219.0C 30,219.00 270 9438 Miller Ave bike facilities 0.00 131,006.50 131,006.5C 131,006.5~ 270 9440 Wolfe bike facilitiy improv 11,890.43 122,776.68 134,667.11 2,942.70 131,724.41 270 9441 Bike detection enhancement 0.00 19,659.00 19,659.0(3 19,659.00 270 9443 Bollinger Rd bike facility improv. 86,119.35 249,840.52 335,959.87 136,159.02 9,857.56 189,943.20 270 9446 DeAnza/Stev Crk crosswalk enh. 0.00 200,000.00 (200.00C 0.00 0.00 276 9447 Mary Avenue gateway 33,258.59 156,841.52 (50.0001 140,100.11 34,471.75 9,474.46 96,153.96 27C 9448 Foothill bird bike lanes 86,450.00 99,341.95 185,791.95 0.00 91,602.00 94,189.95 27C 9449 MaryAvenue Footbridge 0.00 389,877.15 633,864 1,023,741.15 0.00 0.0(3 1,023,741.15 270 9450 Pavement Management 67,300.00 29.45 750,000 817,329.45 40,645.45 143,484,15 633,199.85 270 9531 Ramp meter signal 280/85 389,233.43 80,209.00 469,442.43 388,455.28 778.15 80,209.00 270 9532 SR85/Stav Crk TlS modification 0.00 49,378.49 49,378.49 49,378.49 270 9701 ~ Sidewalk gaps un~mprv areas 0.00 0.00 75,000.00 75,000.00 75,000.00 270 9702 Ditywide bike parking facilities 0.00 51,789.00 51,789.00 51,789.00 280 9213 McClellan Ranch bldg improv. 0.00 211,652.00 211,652.00 211,652.00 _ 420 9108 Park Renovations 0.00 72,545.84 72,545.84 72,545.84 420 9113 Stev Crk trail mastarplan 0.00 6,260.70 6,260.70 6,260,70 420 9115 Skate Park 0.00 401,953.40 220.000.00) 181,953.40 181,953.40 420 9116 San Thomas trail improvements 21,807.60 427,101.90 184,000.00 632,909.50 181,518.65 251,583.21 199,807 420 9117 Stev Crk Trail n',.,~t~ plan study 74,734.84 20,976.00 95,710.84 16,036.49 58,698.35 20,976.0(~ 420 9118 Union Pacific RR trail 0.00 4,313.87 4,313.87 4,313.87 420 9119 PortalNVilson park improvement 0.00 564,060.05 564,060.05 2,706.10 561,353.9h 420 9121 Memorial park softball field impv. 0.00 0.00 25,000.00 25,000.00 ' 25,000.00 420 9216 Service center expanison 41,888.00 67,831,00 109,719.00 41,888.00 16,514.3;3 51,316,67 420 9219 Animal control facility 0.00 500,000.00 (590,000.00~ ' 0.00 0.00 420 9223 Civic center improvementa 0.00 199,953.03 1,800,000.00 500,000.00 2,499,953.03 10,000.00 70.11 2,489,882.92 420 922, Civic center plaza improvements 0.00 63,979.75 900,000.00 963,979.75 0.00 5,857.03 958,122.72 420 9524 DeAnza/Stev Creek arterial mgmt 0.00 21,849.13 21,849.13 21,849.13 420 9527 Homestaad/Tantau T/S upgrade 3,733.00 172.15 3,905.15 3,733.00 0.00 172.1~ 420 9528 280fWolfe traffic safety improv. 302,574,31 82,434.64 385,008.95 54,141.81 250,432.50 80,434,64 420 9530 Phase III Hmstd arterial m~mt 0.00 43,540.90 43,540.90 2,500.00 41,040.90 Capital Projects 12/31/02 Fund Proj# Description CIO enc CIO budget Adopted chan~qe Tota Budget Encumbrance Expenditure Current Bal. 42¢ 9533 Green LED T/S lights 10,459.86 261,036.00 271,495.86 4,162.69 6,297.17 261,036.00 42C 9534 Advanced ITS De Anze blvd 30,055.47 675,536.00 705,591.47 16,880.68 13,198.27 675,512.52 42(3 9535 Adaptive traf control system 635,356.48 300,561.00 935,917.48 628,241.44 7,115.04 300,561,00 420 9536 Stellin9 corddor TlS upgrade 0.00 4,901.97 4,901.97 4,901.97 42(] 9537 Bubb corddor TIS upgrade 0.00 3,063.72 3,063.72 3,063.72 420 9538 Pruneddge cordder TlS upgrade 0.00 4,901.97 4,901.97 4,_ _901.97 420 9539 ~Nolfe/Pruneridge TlS upgrade 0.00 4,595.58 4,595.58 4,595.58 420 9541 School traffic calming measure 163,430.68 21,902.95 185,333.63 26,874.48 136,556.20 21,902.95 420 9544 Safe routes CHS 500,000.00 500,000.00 500,000.00 420 9545 TIS upgrades various locations 0.00 0.00 300,000.00 300,000.00 300,000.00 420 954~ Traf operation center facilities 0.00 0.00 200,000.00 200,000.00 200,000.00 420 9547 'fellow ped LED T/S upgrades 0.00 0.00 140,000.00 140,000,00 140,000.00 420 954~ ]'raf st walkability mods facility 0.00 0.00 100,000.00 100,000.00 5,000.00 95,000.00 420 9703 Apple public art 100,000.00 (100,000.00 0.00 0.00 423 9222 Library construction 1,725,520.72 1,720,866.03 17,600,000.00 21,046,386.75 1,520,553.76 1,270,909.49 18,254,923.50 424 921(~ Senior Center Expansion 10,952.00 34,483.47 45,435.47 2,500.00 12,748.60 30,186.87 425 9313 Four Season Corner 0.00 412,074.95 662,000.00 1,074,074.95 80,225.06 47,780.07 946,069.82 425 9314 Four Season AA Sculpture 0.00 143,788.00 143,788.00 143,788.00 426 9212 Sports Ctr.fitness expansion 0.00 1,629,918.91 711,000.00 2,340,918.91 1,754,328.49 224,688.08 361,902.34 560 9105 Blackberry Farm 0.00 451,882.65 75,000.00 526,882.65 0.00 22,678.67 504,203.98 560 9112 BBF master plan study 34,000.00 116,000.00 150,000.00 10,710.00 32,510.00 106,780.00 Total 4,851,185.14 12,004,530.53 24,402,371.00 (570.000.00 40,688,086.67 6,021,779.39 2,839,653.51 31,826,653.77 March 3, 2003 (Revised March 17, 2003) Councilmember Sandoval Proposed Policy on Responsible Contracting EXHIBIT In order to protect the citizens of the City and assure that the City does business solely with truly responsible contractors who abide by all applicable laws and regulations. California law, as well as good business practices, mandates that public works projects be awarded to the lowest responsible bidder. Typically, "responsible" is defined as contractors who are 1. Licensed properly; 2. Adequately bonded (insured); 3. Not barred from work based on past violations; 4. maintain a training/ apprenticeship program. In addition to these definitions, it is the policy of the City of Cupertino to further define Responsible bidders as those which: 1. Have no pending, outstanding or un-abated violations of prevailing wage statutes in any jurisdiction; 2. Have no pending, outstanding or un-abated violations of workplace safety ,.,!e!z*.!ens regulations; 3. Have no pending, outstanding or un-abated violations of environn~ental laws or regulations; 4. Have a generally sound reputation among other local public agencies for whom they have completed contracts on schedule, on budget, and without umeasonable litigation. Califomia law mandates that prevailing wages be paid on public works projects. This policy assures a level playing field for all prospective bidders and provides the taxpayers an assurance that public works projects are done with competent contractors employing properly trained workers. It is the policy of the City of Cupertino to 1. Require affirmative acknowledgement of this policy by prospective bidders; 2. Require complete compliance with the relevant prevailing wage statutes; 'and 3. To provide a self-funding mechanism for the local enforcement of these laws. Respectfully submitted. Dolly Sandoval ~ ~ H ~ B ~ RI~EsOLUTION NO. 03-053 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "BYRNE AVENUE 02-08", PROPERTY LOCATED ON THE WEST SIDE OF BYLINE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE; APPROXIMATELY 0.41 ACRE, PEREZ (APN 357-11-005) WHEREAS, the City Council of the City of Cupertino has received a request for armexation of territory designated "Byrne Avenue 02-08" from property owners, Richard and Grace Perez; and WHEREAS, the property, 0.41_+ acre on the west side of Byme Avenue between Granada Avenue and Hermosa Avenue (APN 357-11-005) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to City of Cupertino Pre R1-8 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; Resolution No. 03-053 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Byrne Avenue 02-08" and detachment from the Santa Clara County Lighting Service District at their regular meeting of April 7, 2003. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHITBIT A ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVE. 02-08 MARCH 20O3 All that certain real property situated m the County of Santa Clara umncorporated area, State of Califorma, more particularly described as follows: Being all of Lot 28, and a portion of the dedicated 10-foot strip, Tract No. 150 entitled "Stevens Creek Subdivision" recorded in Book 5 of Maps, Pages 4 and 5 in Santa Clara County Records. Beginning at the northwesterly comer of the annexation to the City of Cupertino, entitled "Byme Ave. 82-04", said point also lying on the easterly boundzay of the annexation to the City of Cupertino, entitled "Byme Avenue 01-05", thence along the said annexation Byme Ave. 82-04 South a distance 102.18 feet to the easterly prolongation of the northerly line of said Lot 28 and the TRUE POINT OF BEGINNING of this description. Thence continuing along said annexation Byme Ave. 82-04 South a distance 60.00 feet; Thence leaving the said annexation Byme Ave. 82-04 and along the easterly prolongation of the southerly line of said Lot 28 and along the southerly line of said Lot 28: 1. West a distance of 311.43 feet more or less to the easterly boundary of the annexation to the City of Cupertino entitled "Blackberry Farm 91-0"; Thence along said Blackberry Farm 91-0 and the westerly line of said Lot 28 the following coarses: 2. N15°04'00'%V a distance of 12.51 feet; 3. N06°43'30"E a distance of 48.25 feet to the northerly line of said Lot 28; Thence along said northerly line and the easterly prolongation thereof 4. East a distance of 309.03 feet more or less to the easterly line of said 10-foot strip and the TRUE POINT OF BEGiNNiNG. Containing 18,726 square feet (0.430 acres) A~P.N. 357-11-005 'T >' o .4~o AcS z7 EAST ioo,15 ',.go l~E~T 14045' '1 EXIBITS END HERE