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CC 09-15-03 cUPEI TINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday September 15, 2003 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Receive a donation from the Friends of Cupertino Library. 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. 2. Approve the minutes from the September 2 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for August 29 and September 5, Resolution Nos. 03-163 and 03-164. 4. Adopt a resolutions accepting Payroll £or August 29 and September 12, Resolution Nos. 03-165 and 03-166. September 15, 2003 Cupertino City Council Page 2 5. Accept the Treasurer's Budget Report - July 2003. Adopt a resolution approving the destruction of records from the City Manager's Office, which are in excess of two years old, Resolution No. 03-167. Accept the resignation of Fine Arts Commissioner Rita Young and arrange to fill the unscheduled vacancy in January. Adopt a resolution designating September 28 of each year as Confucius Day, and on that day the city shall recognize and honor teachers for their dedication and hard work. Resolution No. 03-168. Acknowledge a fee waiver expenditure in the amount of $10,294.00 for the Moon Festival of Silicon Valley's event that was held August 30 and 31, 2003, at Memorial Park. 10. Acknowledge a fee waiver expenditure from the Iranian Federated Women's Club and Payvand Cultural School for waiver of use fees related to its Seventh Annual Iranian Arts and Cultural event scheduled at the Quinlan Community Center on Sunday, September 28, 2003, in the amount of $4,116.50.50. 11. Approve quitclaim deeds: a) Jo S. Major and Diann M. Major, husband and wife, as Joint Tenants, 10260 Stonydale Drive, APN 326-37-027, Resolution No. 03-169 b) Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No. 03 - 170 12. Approve grants of easement: a) For roadway, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei- Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No. 03-171 b) For public services, Yuval Scarlat, 11477 Lindy Place, APN 356-24-004, Resolution No. 03-172 13. Approve an improvement agreement for Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, September 15, 2003 Cupertino City Council Page 3 husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No. 03-173. 14. Accept dedications of real property for roadway purposes: a) Arnolfo N. Nite and Rebecca P. Nite, 12584 Madrid Road, APN 356-08-046, Resolution No. 03-174 b) 21926 Dolores Avenue, APN 35%14-015, Resolution No. 03-175 15. Approve the final map and improvement plans for GB Estate Homes, 10690 South Stelling Road, Resolution No. 03-176. 16. Accept municipal improvements (no documentation in packet): a) Campo De Lozano, 20075 DePalma Lane, Tract No. 9405, (grading, curb and gutter, on-site & off-site b) Michael Shim and Christine H. Hoang, 21672 Granada Avenue, APN 357-17-030 17. Authorize the City Manager to execute a second Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy, Resolution No. 03-177. 18. Accept a donation from the Friends of Cupertino Library (no documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS PLANNING APPLICATIONS 19. Review the Planning Commission Minute Order related to the Ri Ordinance. UNFINISHED BUSINESS 20. Tropical Reef Aquarium in the lobby of the new Cupertino Library (Postponed from September 2; request to continue to October 6 at the request of Mayor Chang and Vice- Mayor James). 21. Consider the second restated and amended Joint Exemise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA). (To be considered after the closed session). September 15, 2003 Cupertino City Council Page 4 NEW BUSINESS 22. Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff to immediately pursue other options for animal services as of July 1, 2004. 23. Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing pathway along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for future use as a public trail, authorize the Commission to receive public input on the future use of the pathway as a public trail, and request that Staff pursue available grants to provide funding for trail improvement planning. 24. Review and approve the City Center Pedestrian Plan. 25. Review of the Parks and Recreation Commission's recommendations for the Stevens Creek Corridor Master Plan. ORDINANCES 26. Second reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of Clarification." 27. Second reading of Ordinance No. 1922: "An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and Watercourse Protection." 28. Second reading of Ordinance No. 1923: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed Abatement." STAFF REPORTS 29. Receive status report on General Fund Revenue and Expenditures (no documentation in packet). COUNCIL REPORTS Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee 5 C's Liaison Santa Clara County Housing and Community Development Block Grant Program (CDBG) Alternate September 15, 2003 Cupertino City Council Page 5 Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa West Valley Mayors and Managers Vice-Mayor Sandra James: Economic Development Committee Environmental Review Committee Alternate Leadership Cupertino Library Steering Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate West Valley Mayors and Managers Alternate Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Bay Area Air Quality Management District Board of Directors Library Steering Committee Alternate Guadalupe/West Valley Flood Control and Watershed Advisory Committee Lower Peninsula Flood Control and Watershed Advisory Committee Santa Clara County Recycling and Waste Reduction Commission Santa Clara Valley Water Commission Sister City Committee - Toyokawa Alternate Councilmember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee 5 C's Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Force Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Housing and Community Development Block Grant Program (CDBG) Santa Clara County Transportation Agency Policy Advisory Committee Silicon Valley Animal Control Authority Board Member (SVACA) Alternate Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Alternate Economic Development Committee Guadalupe/West Valley Flood Control and Watershed Advisory Committee Alternate Lower Peninsula Flood Control and Watershed Advisory Committee Alternate Santa Clara County Cities Association Santa Clara County Cities Association Legislative Task Force Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Silicon Valley Animal Control Authority Board Member (SVACA) September 15, 2003 Cupertino City Council Page 6 CLOSED SESSION 30. Silicon Valley Animal Control Authority (SVACA): a) Pending litigation - Government Code Section 54956.9(a) b) Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 ADJOURNMENT Adjourn to a study session on October 3 at 1:00 p.m. regarding the goals and evaluation o£ the City Manager. September 15, 2003 Cupertino City Council Page 7 REDEVELOPMENT AGENCY MEETING Canceled £or lack of business. be 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 of the meeting. CUPERTINO CALL TO ORDER DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, September 2, 2003 At 5:05 p.m. Mayor Chang called the meeting to order in Conference Room C, City Hall, 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. Lowenthal left the meeting at 5:50. Council members absent: none. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Works Director Ralph Qualls, and Deputy City Clerk Grace Johnson. STUDY SESSION Discuss with the City Council and the Cupertino Library Foundation the library fundraising effort. Public Works Director Ralph Qualls reviewed the staff report, which discussed eight points from a letter written by the Cupertino Library Foundation. The members of the Library Foundation introduced themselves: Treasurer Eno Schmidt, Janet Riddell, Mary Ann Wallace, President Pat Rogers, Chair of Fundraising Committee Barbara Rogers, Nicol Lea, and Vice President Thelma Epstein. Nicol Lea suggested changes to the naming policy including: Change the title to read, "recognizing donors" by removing the word "financial" · Include staff (paid employees) in the list under lb of the naming policy, regarding recognizing individuals, and remove the word "non" before "monetary" to have it read, "monetary contributions" · Make the wording in 3a and 3c regarding naming and removing the name from city buildings less contradictory and easier to understand as something separate from giving recognition plaques · Have a procedure in place for 3b regarding submission of contributions to the City Manager first geptember 2 2003 Cupertino City Council Page · Add the words, "after the conduct of one public hearing" to 3d regarding the size, type and location of a recognition plaque · Change the word "given" in the first sentence of 3f to read, "provided" regarding receiving a copy of the naming policy guidelines · Add the words, "after the conduct of one public hearing" to 4a and 4c regarding preservation and removal of a recognition plaque She shared concerns about the five donors who had already promised to donate fimds prior to the adoption of the naming policy and what would happen to the fundraising campaign in the future. The Council comments included: · The fundraising committee and Council should focus on the goal of raising money instead of the language of the policy · There is a need to clarify the terminology of "naming" opportunities versus "recognition" opportunities · The City needs the Foundation to raise money since that is what the Foundation said it would originally do in order to build a bigger library · Council lost credibility by changing the rules and by not allowing money to be accepted from businesses, but the current policy supercedes the earlier policy · The fundraising committee should contact the five donors who have already made financial contributions to see if they would accept recognition plaques Comments from the Foundation included: · The policy is bureaucratic Donors won't donate if they have to be approved at a Cotmcil public hearing · The policy takes the impetus away for people to donate and the Foundation can't operate well this way to raise money Council asked the Foundation to work with staff regarding the individual who wants to give a donation toward a sculpture. Council also asked the Foundation to decide if they could work under the policy. RECESS The Council was in recess from 6:43 to 6:58 p.m. PLEDGE OF ALLEGIANCE At 6:58 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. September 2 2003 Cupertino City Council Page 3 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, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Senior Planner Aarti Shrivastava, Recreation Supervisor Julia Lamy, and Deputy City Clerk Grace Johnson. CEREMONIAL MATTERS - PRESENTATIONS Presentation by the Independent Order of Odd Fellows Cupertino Lodge #70 to the Sheriff's Office and the Santa Clara County Fire Department in honor of 9/11. (No documentation in packet). Noble Grand Robert Heslop read a letter in memory of the September 11, 2001 terrorist attacks and thanked the Sheriff's Department and the Fire Department for their efforts. He presented checks to each department. The Fire Department requested that their check be made out to the burn unit. Proclamation for Cupertino National Little League Senior Mariners. (No documentation in packet). Mayor Chang presented proclamations to the team and coaches in recognition of their outstanding 2003 season and for placing 2nd in the District 4 competition. POSTPONEMENTS Lowenthal/Kwok moved and seconded to postpone item number 21 to a time uncertain and item number 23 to the next meeting, pending a meeting with the applicant on September 3. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS - None CONSENTCALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Numbers 9 and 10, which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 4. Approve the minutes from the August 4 City Council meeting. September 2 2003 Cupertino City Council Page 4 Adopt resolutions accepting Accounts Payable for August 1, 8, 15, and 22, Resolution Nos. 03-150 to 03-153. 6. Adopt a resolution accepting Payroll for August 15, Resolution No. 03-154. 7. Approve applications for Alcoholic Beverage Licenses: a) Made Callender Pie Shops Inc., 20750 Stevens Creek Blvd. b) 20956 Homestead Rd., #A (Southeast comer of Homestead Road and Stelling Road) (The applicant has not yet chosen a name for this restaurant). Adopt a resolution approving the destruction of records from the City Clerk and City Manager's Office which are in excess of two years old, Resolution No. 03-155. 11. Watershed Protection Collaborative: a) Authorize the City Manager to negotiate and execute the First Amendment to the Reimbursement Agreement with the Santa Clara Valley Water District in the amount of $155,000 for the District to fund the efforts of the Watershed Protection Collaborative (b) Authorize the Director of Public Works to negotiate and execute an agreement in an amount not to exceed $155,000.00 with CONCUR, Inc. for the administration of the Watershed Collaborative Process, on condition of approval of the reimbursement agreement by the City and the Santa Clara Valley Water District (SCVWD) 12. Adopt a resolution accepting a grant of easement for roadway, Republic Properties Inc., a California Corporation, 22551 Ricardo Road, APN(s) 356-01-051,052, 053, Resolution No. 03-156. 13. Adopt a resolution accepting a quitclaim deed for Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita Avenue, APN 357-17-023, Resolution No. 03-157. 14. Improvement agreements: a) Adopt a resolution accepting an improvement agreement (grading, drainage, street improvements) for Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita Avenue, APN 357-17-023, Resolution No. 03-158 b) Adopt a resolution accepting an improvement agreement (grading, drainage, street improvements) for Lynn M. Chins, 22781 Stevens Creek Boulevard, APN 342- 12-037, Resolution No. 03-159 September 2 2003 Cupertino City Council Page 5 c) Adopt a resolution accepting an improvement agreement (drainage, off-site improvements) for GB Estate Homes, a California LLC, 10690 South Stelling Road, APN 359-22-067, Resolution No. 03-160 15. Accept municipal improvements (curb & gutter) for Daren Shu, 11593 Upland Way, APN 366-03-009. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Approve the second restated and amended Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA). This amendment changes voting requirements, who can be designated as a board alternate and the formula for reimbursement of excess reserves to a withdrawing agency. Administrative Services Director Carol Atwood showed a PowerPoint presentation highlighting Cupertino's membership in SVACA. The Council options were to have either no vote on the current board, one vote, or to go back to SVACA for additional discussion. Executive Director of SVACA Deborah Biggs responded to Council questions regarding Section 2.7.2 of the Articles regarding needing 2/3 vote of the Board to terminate the agreement or approve any budget action. James/Sandoval moved and seconded to continue the item to the next Council meeting. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 10. Approve the installation of engraved Cupertino Education Endowment Foundation (CEEF) donor recognition bricks, provided by CEEF, in a dedicated location, during the construction of City Center Park. President of CEEF Don Macleod said that CEEF is in the process of raising $6 million for a new endowment for the Cupertino Union School District. He asked Council to support the installation of bricks in the City Center Park, which would recognize donors to CEEF. Executive Director Eleanor Watanabe said that education and the City are partners and that CEEF funding helps the schools and the entire community, not just the site of the project. Council members had concerns that this project may confuse the issue regarding the naming policy and that the City would need to develop a policy before allowing other fundraising organizations to recognize their own donors at City sites. Council concurred that Lowenthal and Kwok would work with staff and CEEF on a policy and to asked staff to report back. September 2 2003 Cupertino City Council Page 6 PUBLIC HEARINGS 16. Consider adopting a resolution ordering the vacation of a 10 fL public service easement, 11477 Lindy Place, APN 356-24-004, Resolution No. 03-161. The public hearing was opened at 8:25 p.m. There were no speakers, and the hearing was closed. Lowenthal/Kwok moved and seconded to adopt Resolution No. 03-161. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. l ?. Conduct a public hearing regarding the 2003-04 Local Law Enforcement Block Grant Funds. The public hearing was opened at 8:26 p.m. There were no speakers, and the hearing was closed. Council concurred to approve the grant funds. PLANNING APPLICATIONS 18. Consider Application No. M-2003-04, Hunter/Storm Associates, APN 369-40-017, to modify use permit U-2002-06 for the Civic Park Master Plan at Cupertino Town Center. The modifications consist of separating the office building G and caf6 building R (also includes architectural changes to the caf6 building and an increase of 20 seats) located at the southwest comer of the intersection of Rodrigues and Torre Avenues. Council was provided with an amended page for the staff report, and Senior Planner Aarti Shrivastava reviewed the report. Applicant Ed Storm said he agreed with staff's recommendation. Kwok/Lowenthal moved and seconded to approve the application. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Chang reordered the agenda to hear item number 24 next. Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale. Community Development Director Steve Piasecki reviewed the staff report. The following individuals spoke in support of the petition: · Jerde Hyme, 1764 Lark Lane in Sunnyvale · Steve Swenson, 1789 Lark Lane in Sunnyvale · Mario Garibay Mayor 24. September 2 2003 Cupertino City Council Page 7 · Ken Kundsen, 846 Shetland Dr. in Sunnyvale · Charles Cox, 1741 Killdeer Ct. in Sunnyvale · Charles Rogers, 1784 Lark Lane in Sunnyvale · Carol Whetstone, 807 Parnell Pl. in Sunnyvale · Tom Denver, 12567 Wardell Ct. in Saratoga · Dean Fujiwara, 1725 Linnet Lane in Sunnyvale Their comments included: concem over traffic, noise, debris and weed problems; lights from the shopping center signs; double-parking; illegal U-tums; shopping carts in the neighborhood; patrons not looking before crossing the street since the fence opening is very close to the street; a request to completely close off any pedestrian access to the neighborhood from the shopping center; a request that the sheriff's department conduct random visits of the area; and a request to fill in the kickboard at the bottom of the fence. Kitty Yao, representative of Sandhill Property, which manages Cupertino Village Shopping Center, said that they had communicated with the neighbors and had met with Dean Fujiwara, the neighborhood representative. She said they installed a sample section of fence for neighborhood review and added an extra 2 feet, which exceeds the fence height requirement. They also installed a new kickboard, replaced trees, increased shopping cart pick-ups, and prohibited after-hours deliveries. Captain John Hirokawa of the Santa Clara County Sheriff's Office gave an overview of security and safety issues in the area and the procedure followed when a call comes in to 911. He gave the number 299-2311 as an alternate non-emergency number to call. He said that there was no more crime at Vallco Village than at Vallco Fashion Park, and suggested that the Sunnyvale residents ask to have traffic monitored in the area. Hirokawa responded to a question from the audience and said that there has been no increase in traffic/pedestrian accidents in the area. Lowenthal/James moved and seconded to have staff work with the neighbors and the storeowners to resolve the issues and report back to Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. RECESS Council was in recess from 9:45 p.m. to 10:00 p.m. Mayor Chang reordered the agenda to hear item number 25 next. 25. Consider Application GPA-2003-02, Chinese Church in Christ, 10455 Bandley Drive, APN No. 326-33-012, authorizing a General Plan Amendment to locate a church in an existing office building. Community Development Director Steve Piasecki reviewed the staff report. 07-7 September 2 2003 Cupertino City Council Page 8 Lowenthal/Sandoval moved and seconded to authorize a public hearing for a General Plan Amendment. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item number 20 next. 20. Report and recommendation regarding request from Terry Hertel pertaining to the tank house near Blackberry Farm Golf Course. Community Development Director Steve Piasecki reviewed the staff report and gave a history of the tank house. Christine Jeffers, Executive Director of the Cupertino Historical Society, said that the tank house is a building with historical significance and she would like to see it restored to its original state, or at least enough so that residents can enjoy it. She said that the Society could possibly provide some grant resources but wouldn't be able to fund the restoration itself. She said that moving the tank house isn't preferable since it would move it further away from its original position. Sharon Blaine, resident, urged that the tank house be cared for because of its historical significance, and asked Council to keep it where it is. Robert Levy, 10802 Wilkinson Ave., gave suggestions for uses and locations. Richard Whicker, Homeowners Association member, said he wanted to have the water and electricity reconnected or to have the house relocated. He said the Association could probably provide funding if the tank house is habitable and it would add benefit to the homeowners, but that they need the necessary tools in order to do it. Sandoval/James moved and seconded to pursue option 2 as specified in the staffreport, to have staff work with the Homeowners Association and the Cupertino Historical Society regarding restoring the stmctnre and developing a long-term maintenance strategy, and to report back to the Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. UNFINISHED BUSINESS 19. Naming City Facilities: a) Adopt a resolution confirming the policy and procedures regarding the naming of City facilities and recognition of financial donors, Resolution No. 03-162 b) Discuss with the City Council and the Cupertino Library Foundation the library fundraising effort. (Discussed at the 5:00 p.m. study session) September 2 2003 Cupertino City Council Page 9 Council discussed and made the following changes to the naming policy resolution: · Removed the word "financial" from the title of the resolution and the policy · Moved paragraph 3b regarding recommendation by the City Manager for acceptance of a girl to a new paragraph 4a. James/Lowenthal moved and seconded to adopt Resolution No. 03-162 as amended. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Item number 20 was heard earlier. 21. Receive a report on the Prevailing Wage Complaint Enforcement Investigation procedure. This item was continued to a time uncertain pending a response from the Department of Industrial Relations (DIR). 22. Confirm dates of October 3~a at 1:00 p.m. for the City Manager's evaluation, and October 10~h at 1:00 p.m. for a Council team-building workshop. Both meetings will be held at the Blackberry Farm Retreat Center. (No documentation in packet). Council confirmed October 3 at 1:00 p.m. for the City Manager's evaluation and October 17 at 1:00 p.m. for the Council team-building workshop. NEW BUSINESS 23. Approve the concept of the installation of salt water Tropical Reef Aquarium of approximately 2,000 gallons in the lobby of the new Cupertino Library and accept, in principle, a donation of $250,000 from Mr. Fred Chan for the fabrication and installation of the aquarium, and an additional contribution in the form of a commitment for five (5) years of annual maintenance of the aquarium facility. This item was continued to the next meeting pending a meeting with Mr. Chan. Item numbers 24 and 25 were heard earlier. 26. Discuss a possible Senior Commission. Recreation Supervisor Julia Lamy reviewed the staff report. Kwok/Lowenthal moved and seconded to have staff come back with a resolution that incorporates the following: · Show cost/budget · Cupertino residents only geptember 2 2003 Cupertino City Council Page 10 · Meet as necessary · Link to Senior Center · Reflect the community · Senior preference Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 27. First reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of Clarification." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 28. First reading of Ordinance No. 1922: "An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and Watercourse Protection." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 29. First reading of Ordinance No. 1923: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed Abatement." The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 30. Accept Annual Report from July 1, 2002 to June 30, 2003. City Manager David Knapp said that the report is available on the website or by calling 777-CITY. Council concurred to accept the report. o% I0 geptember 2 200g Cupertino City l~ouncil Page 11 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the Moon Festival; the new Silicon Valley Animal Control Authority (SVACA) building; the League of California Cities Annual Conference adopting a resolution supporting a statewide ballot initiative to require voter approval before state government can confiscate local tax funds; the League of California Cities adopting an Asian Caucus and asking for city support; the Santa Clara County Water District Measure B to save creeks; the League of California Cities affordable housing task fome; the Silicon Valley Manufacturing Group Housing Leadership Council interested in the Cupertino Community Service (CCS) project and how it was built around partnerships; the CCS BBQ at Blackberry Farm on September 6; and the League of California Cities Latino caucus. CLOSED SESSION - None ADJOURNMENT At 11:45 p.m. the City Council meeting was adjourned. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 03-163 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAPTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 29, 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: Di r~c (~nl~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15 day of September , 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3-/ 08/28/03 CITY OF CUPERTINO ACC0(3NTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003" FL~ND - 110 - GENEP~AL FL~ CASH ACCT CHECK NO 1020 596614 V 1020 603446 1020 603447 1020 603448 1020 603448 1020 603448 TOTAL CHECK 1020 603449 1020 603449 1020 603449 TOTAL CHECK 1020 603450 1020 603451 1020 603452 1020 603453 1020 603454 1020 603454 1020 603454 TOTAL CHECK 1020 603455 1020 603455 1020 603455 1020 603455 TOTAL CHECK 1020 603456 1020 603457 1020 603458 1020 603459 1020 603459 TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 10/11/02 1247 08/29/03 3 08/29/03 2326 08/29/03 2110 08/29/03 2110 08/29/03 2110 08/29/03 2539 08/29/03 2539 08/29/03 2539 08/29/03 1680 08/29/03 28 08/29/03 2276 08/29/03 2641 08/29/03 61 08/29/03 61 08/29/03 61 bS~RIE PRESTON 1106100 A RENTAL CF~ER 1108505 A/C SERVICE & DESIGN CO. 1108505 A~C BACKFLOW TESTING REP 1108505 ABC BACKFLOW TESTING R2EP 1108321 ;~BC BACKFLOW TESTING REP 1108407 08/29/03 1519 08/29/03 1519 08/29/03 1519 08/29/03 1519 ACS STATE & LOCAL SOLUTI 1102101 ACS STATE & LOCAL SOLUTI 1102101 ACS STATE & LOCAL SOLUTI 1102101 08/29/03 2680 08/29/03 867 06/29/03 2633 08/29/03 124 08/29/03 124 ADVANTAGE GRAFIX 6308840 AIRG~S NCH 1108314 AL~A 5806449 AMERIC/tN STEAM CLEJLNING 1108565 ARTISTIC PLJ~ CREATIONS 1108505 ARTISTIC PI~ CREATIONS 1108501 ARTISTIC PI~ CREATIONS 1108504 1020 603460 08/29/03 2232 1020 603460 08/29/03 2232 TOTAL CHECK AUTREY SUPPLY CO INC 1108314 AUTREY SUPPLY CO INC 1108315 AUTP~EY SUPPLY CO INC 1108312 AUTREY SUPPLY CO INC 1108303 1020 603461 08/29/03 149 1020 603461 08/29/03 149 BERR~AN & HENIGA/{ 1107502 BRI;LN KANGAS FOULK 2709430 CkLIFORNIA BINGO SERVICE 5506549 CALIFOP~NIA SAFETY & CLEA 6308840 CALIFOAMIA SAFETY & CLEA 1105409 C3%RIADA, LOURDES 110 CARIAGA, LOURDES 110 CASH 2204010 2204011 PAGE 1 ..... DESCRIPTION ...... SALES TAX AMOUNT EXPENSES RETREAT MTG 0.00 -59.28 SUPPLIES 15885 0.00 42.35 TIME/MATERIALS 0.00 202.00 BACF~LOW P~EPAIR 0.00 150.00 BACKFLOW REPAIR 0.00 250.00 BACKFLOW CLEA~ING 0.00 250.00 0.00 650.00 RLC CIATIONS O73LY2003 0.00 9453.00 ALC CITATIONS JI~NE03 0.00 5891.00 RCL CITATIONS ~4AY03 0.00 4247.00 0.00 19591.00 VEHICLE DAMAGE 15861 0.00 128.21 FY 2003-2004 OPEN PURC 0.00 89.65 DRINKING WTR/MV POOL 0.0O 71.15 STEAM CLEAN KITCHEN 0.00 800,00 PI2~ C;~RE AUG2003 0.00 130.00 PLJ~NT C3~E AUG2003 0.00 230.00 PL~ CARE AUG2003 0.00 230.00 0.00 590.00 GOAL LIME WHITE PAING 0.00 709.04 GOAL LINE WRITE PAING 0.00 708.05 GOAL LINE WRITE PAING 0.O0 709.04 GOAL LINE WHITE PAING 0.00 709.05 0.00 2836.18 SERVICES 7/12-8/08 0.00 1024.65 P.0.#00030281 CARRYOVE 0.00 855.50 DAUBERS FOR BINGO 0.00 52.57 GLOVES 15874 0.00 215.23 GLOVES 15881 0.00 619.27 0.00 834.50 CSGA2~NS~TT 0.00 306.50 SSGARNSM~T 0.00 103.84 0.00 410.34 PETTY C3~H 6/14-5/27 0.00 60.12 PETTY CASR 8/14-8/27 0.00 35.19 RUN DATE 08/28/03 TIME 15:41:39 - FINANCIAL ACCOUNTING 08/28/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT F~ SELECTSON CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 603461 08/29/03 149 CASH 3655301 1020 603461 08/29/03 149 CASH 1107501 1020 603461 08/29/03 149 C~H 1107501 1020 603461 08/29/03 149 C~H 1100000 1020 603461 06/29/03 149 C~H 1107301 1020 603461 08/29/03 149 C~H 1108101 TOTAL CHECK 1020 603462 08/29/03 1057 1020 603462 08/29/03 1057 TOTAL CHECK 1020 603463 08/29/03 1156 1020 603464 08/29/03 M2004 1020 603465 08/29/03 M 1020 603466 08/29/03 1453 1020 603467 08/29/03 1363 1020 603468 08/29/03 1312 1020 603469 08/29/03 184 1020 603470 08/29/03 3036 1020 603471 08/29/03 197 1020 603472 08/29/03 1579 1020 603472 08/29/03 1579 TOTAL CHECK 1020 603473 1020 603474 1020 603474 TOTAL CHECK 08/29/03 198 08/29/03 209 08/29/03 209 CERIDIA/q BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA 110 C~G, SGE FAY 110 CHEN, JENNIFER 560 CNEISTOPHERS C3~RPET SERV 1108504 CLEAN SOURCE 5208003 COUNTRY CLUB CAR WASH 6308840 JA~S COURT~Y 5606620 CRITERION pICT~ES USA, 1101201 CTC FUNDING, LLC 1101500 CUPERTINO LOC-N-STOR LLC 1108501 CUPERTINO LOC-N-STOR LLC 1108503 1020 603475 08/29/03 M 1020 603476 08/29/03 2963 1020 603477 08/29/03 1242 1020 603478 08/29/03 2754 1020 603478 08/29/03 2754 1020 603478 08/29/03 2754 1020 603478 08/29/03 2754 TOTAL CHECK CUPERTINO UNION SCRL DIS 1103300 DE ANZA SERVICES INC 5606620 DE ANZA SERVICES INC 5606640 DESAI, GITA 580 DIAMOND FENCE CO INC 4269212 DIGITAL PRINT IMPRESSION 5806449 DRIVER ~.LLIA/qT INSGP~CE 1104540 DRIVER ALLIANT INSL~CE 1104540 DRIVER ALLIANT INSUP~CE 1104540 DRIVER ALLIANT INSUR3~CE 1104540 ..... DESCRIPTION PETTY CASH 6/14-8/27 PETTY CASE 8/14-8/27 PETTY C~H 8/14-8/27 PETTY CASR 8/14-8/27 PETTY CASH 8/14-8/27 PETTY CASH 8/14-8/27 *FLEX DEP/240125 *FLEX HLTH/240125 CKA REFD DEV MAINT FEE Refund: Check - Return CARPET REPAIRS SUPPLIES A25021 DETAIL/WASH 15830 #10 SERVICE AGREEMENT FOR LICENSE "THE CUP) RENT SEPT03 70-1D-CU G-34 RENT SEPT2003 G-33 RENT SEPT2003 TOYOKAWA TRANSPORTATN jANITORIAL AUG03 JANITORIAL AUG02 Refund: Check - Full r RELOCATION OF FENCE B.CARDS/K.LEVY DIFFERENCE/CONDITIONS DIFFERENCE/CONDITIONS DIFFERENCE/CONDITIONS DIFFERENCE/CONDITIONS PAGE AMOUNT 42.00 30.00 29.64 26.13 7.56 220.64 349.94 522.42 872.36 129.85 1000,00 300.00 210.00 79.06 145.00 100.00 325.00 4569.00 217.00 217.00 434.00 416.14 446.18 446.19 892.37 105.00 180.00 68.04 23754.84 10710.00 87350.00 43596.09 165410.93 RGN DATE 08/28/03 TIME 15:41:39 - FINA/~CIAL ACCOUNTING 08/26/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transac~.trans_date between "08/25/2003" and "08/29/2003" ..... DESCRIPTION ...... SALES TAX PAGE 3 AMOUNT 1020 1028 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL C~CK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 603479 08/29/03 242 EMPLOYMENT DEVEL DEPT 603480 08/29/03 243 EMPLOYMENT DEVELOPMENT 603481 08/29/03 253 EXC"~ANGE LINEN SERVICE 5606620 603481 08/29/03 253 EXCHANGE LINEN SERVICE 5606620 603482 08/29/03 260 603482 08/29/03 260 603482 08/29/03 260 603482 08/29/03 260 603482 08/29/03 260 603482 08/29/03 260 603483 08/29/03 1255 603484 08/29/03 2361 603484 08/29/03 2361 603484 08/29/03 2361 603484 08/29/03 2361 603484 08/29/03 2361 603484 08/29/03 2361 603485 08/29/03 2361 603485 06/29/03 2361 603486 08/29/03 268 603487 08/29/03 1741 603488 08/29/03 298 603488 08/29/03 298 603489 08/29/03 1364 603490 08/29/03 325 603491 08/25/03 334 603492 09/29/03 343 603493 08/29/03 2818 603494 08/29/03 357 FEDERAL EXPRESS CORP 4239222 FEDERAL EXPRESS CORP 1103500 FEDERAL EXPRESS CORP 4239222 FEDERAL EXPRESS CORP 110 FEDERAL EXPRESS CORP 4259313 FEDERAL EXPRESS CORP 110 FIRST AUTOMOTIVE DISTRIB 6308840 FIRST BANKCARD 1104000 FIRST BANKCARD 1104511 FIRST SANRCARD 6104800 FIRST BANKCARD 5606640 FIRST BA~KCARD 6104800 FIRST BA/~KCARD 4269212 FIRST BANKC~D 1101000 FIRST BANKCAPd) 1101031 FOSTER BROS SECURITY SYS 5606620 ~OVCONNECTION, INC. 6104800 GPJ~INGER INC 6308840 G~AINGER INC 1108830 GRIFFIN PAINTING INC 1108507 DANIEL EEDDEN 1106500 HOME DEPOT/GECF 1108501 ICMA RETIREMENT TRUST-45 110 JAECO 1108503 JAVELCO EQUIPMENT SER IN 6308840 SDI/776-5260-0 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC COURIER SERVICES COURIER SERVICES COURIER SERVICES COURIER SERVICES COURIER SERVICE COURIER SERV R22286 FY 2003-2004 OPEN PURC AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT AUGUST 2003 STATEMENT LOCK SETS COMPACT FLASH READERS FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC TIME/MATERIALS SERVICE AGREEMENT FOR PARTS/SUPPLIES 27203 SUPPLIES AIR FILTERS 24156 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18300.79 911.49 227.62 339.74 567.36 17.44 15.47 44.14 15.59 17.51 15.64 125.79 172.78 63.00 30.94 1616.67 45.95 20.00 15.95 1792.51 71.10 30.45 101.55 540.40 818.37 71.38 140.96 212.34 2960.00 175.00 16.22 5854.48 51.38 64.30 RUN DATE 08/26/03 TIME 15:41:40 08/28/03 CI/~ OF CJPERTINO ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEF~NT FU~D SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 603495 08/29/03 2374 1020 603495 08/29/03 2374 1020 603495 08/29/03 2374 TOTAL C~ECK 102O 603496 08/29/03 2285 1020 603497 08/29/03 1437 1020 603498 08/29/03 2292 1020 603499 08/29/03 M2004 1020 603500 08/29/03 382 1020 603501 08/29/03 408 1020 603501 08/29/03 408 1020 603501 08/29/03 408 1020 603501 08/29/03 408 TOTAL CHECK 1020 603502 1020 603503 1020 603504 1020 603504 TOTAL CHECK 08/29/03 986 08/29/03 2567 08/29/03 1023 08/29/03 1023 1020 603505 08/29/03 2726 1020 603506 08/29/03 M 1020 603507 08/29/03 M2004 1020 603508 08/29/03 473 1020 603509 08/29/03 302 1020 603510 08/29/03 479 1020 603511 08/29/03 485 1020 603512 08/29/03 M 1020 603513 08/29/03 2639 1020 603513 08/29/03 2639 TOTAL CHECK JII PROMOTIONS, INC. 1103300 JII PROMOTIONS, INC. 1108501 JII PROMOTIONS, INC. 1103300 KATHR~fN KELLY JOESTEN 1106265 THE JUNGLE 5806349 KIER & WRIGRT 5609112 1020 603514 MATTHEW BENDER & COMPA/~ 1101500 MASSO~3D MODJTEHEDI 1107502 ~ASSOI3D MODJTEHEDI 1107502 ** MOSS & BA3~NETT 1101031 Mabe¥, Mary 550 NAN, LIN HAI 110 NASER DISTRIBUTORS INC 5606620 NATIONAL DEFERRED COMPEN 110 NATURES WOOD 5606620 NEWMAN~q~FFIC SIGNS 2708405 NOH, YOUEGLAE 580 NOVA PARTNERS INC 4239222 NOVA PARTNERS INC 4269212 08/29/03 499 DEBBIE O'NEILL 5606620 ..... DESCRIPTION ...... ROSEWOOD GIFTBOX SETS CITY FLAGS EVERETT WALL CLOCK SERVICE ~REEMENT FOR ADMISSION 17283 ENGINEERING SERVICES REFD ENCROACH BOND SEPTE~ER NEWSLETTER FY 2003-2004 OPEN PUEC PY 2003-2004 OPEN PURC FY 2003-2004 OPEN PLTRC FY 2003-2004 OPEN PURC SERVICE AGREEMENT FOR PAGE 4 AMOUNT 5114.69 1564.71 216.82 6896.22 337.50 95.40 12000.00 SO0.O0 909.30 815.63 514.43 1017.92 122.79 2470.77 2634.04 223.00 6146.00 31126.00 37272.00 672.50 24.00 886.19 251.21 17090.64 383.21 206.46 437.50 57953.27 RI/N DATE 08/28/03 TIME 15:41:40 - FINANCIAL ACCOUNTING 08/28/03 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT ~JND SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003" FUND - 110 - GENERAL FUND C~H ACCT CFiECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 603515 08/29/03 493 OFFICE DEPOT 5806349 1020 603515 08/29/03 498 OFFICE DEPOT 1107504 1020 603515 08/29/03 493 OFFICE DEPOT 1107301 1020 603515 08/29/03 498 OFFICE DEPOT 1104400 1020 603515 08/29/03 493 OFFICE DEPOT 1104000 1020 603515 08/29/03 493 OFFICE DEPOT 1107504 1020 603515 08/29/03 493 OFFICE DEPOT 5806249 1020 603515 08/29/03 493 OFFICE DEPOT 1107503 1020 603515 08/29/03 493 OFFICE DEPOT 1108601 1020 603515 08/29/03 493 OFFICE DEPOT 1108101 TOTAL C~ECK 1020 603516 08/29/03 501 OPERATING ENGINEERS #3 110 ..... DESCRIPTION ...... SALES TAX AMOUNT OFFICE SUPPLIES 0.00 20.48 OFFICE SUPPLIES 0.00 21.80 OFFICE SUPPLIES 0.00 3.55 OFFICE SUPPLIES 0.00 28.13 OFFICE SUPPLIES 0.00 113.62 OFFICE SUPPLIES 0.00 11.36 OFFICE SUPPLIES 0.00 146.93 OFFICE SUPPLIES 0.00 203.49 OFFICE SUPPLIES 0.00 70.36 OFFICE SUPPLIES 0.00 179.60 0.00 799.32 UNION DUES 0.00 686.88 1020 603517 08/29/03 833 P E R S 110 PERS BLTYBK 0.00 1020 603517 08/29/03 833 P E R S 110 *PERS BYBK 0.00 1020 603517 08/29/03 833 P E R S 110 PERS 1959 0.00 1020 603517 08/29/03 833 P E R S 110 *PERS BY]~K 1020 603517 08/29/03 833 P E R S 110 PERS SPEC 0.00 1020 603517 08/29/03 833 P E R S 110 PERS EMPI~ 0.00 1020 603517 08/29/03 833 P E R S 110 PERS EMPLY 0.00 1020 603517 V 08/29/03 833 P E R S 110 PERS BU~BK 0.00 1020 603517 V 08/29/03 833 P E R S 110 *PERS BYBK 0.00 1020 603517 V 08/29/03 833 P E R S 110 PERS 1959 0.00 1020 603517 V 08/29/03 833 P E R S 110 *PERS B~K 0.00 1020 603517 V 08/29/03 833 P E R S 110 PERS SPEC 0.00 1020 603517 V 08/29/03 833 P E R S 110 PERS EMFLR 0.00 1020 603517 V 08/29/03 833 P E R S 110 PERS EMPLY 0.00 TOTAL CRECK 0.00 1020 603518 08/29/03 515 PACIFIC WEST SECTTRITY IN 1108505 1020 603519 08/29/03 533 PERS LONG TERM C3%RE FROG 110 1020 603520 08/29/03 1247 ~IE PRESTON 1106100 1020 603521 08/29/03 1406 P~IN~S CEEVORLET 6308840 1020 603521 08/29/03 1406 RJ%IiTES CHEVOP~LET 6308840 1020 603521 08/29/03 1406 RAINES CREVORLET 6308840 1020 603521 08/29/03 1406 P~INES C~{EVORLET 6308840 TOTAL CHECK 1020 603522 08/29/03 2482 ROBERT HALF TEC~OLOGY 6104800 1020 603523 08/29/03 2170 SAM JOSE GENERATOR 6308840 1020 603524 08/29/03 1442 SM JOSE ICE COMPA~ 5606620 1020 603525 08/29/03 258 SANTA CL~COLT~y 110 1020 37.52 123.70 117.18 462.65 283.56 7055.97 25983.45 -37.52 -123.70 -117.18 -462.65 -283.56 -7055.97 -25983.45 0.00 SERVICE CALL 8/14 0.00 54.13 PERS LTC/2405 0.00 215.09 REPLACE LOST CRECK 0.00 59.28 FY 2003-2004 OPEN PUNC 0.00 90.22 FY 2003-2004 OPEN PDRC 0.00 8.45 FY 2003-2004 OPEN PURC 0.00 8.45 FY 2003-2004 OPEN PURC 0.00 43.03 0.00 150.15 603526 08/29/03 2163 SANTA CI~, CITY OF 5600000 C.FUNDEP~BURK W/E 8/15 0.00 1152.00 R.B. ALTEP~NATOR 15887 0.00 92.01 SUPPLIES 0.00 146.14 V ORTEGA 563312780 0.00 588.00 REFUND OF ADMISSIONS 0.00 97.00 RL~N DATE 08/28/03 TIME 15:41:40 - FINANCIAL ACCOUNTING 08/28/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003" 1020 603527 08/29/03 1648 1020 603528 08/29/03 M 1020 603529 08/29/03 2415 1020 603529 08/29/03 2415 1020 603529 08/29/03 2415 TOTAL CHECK 1020 603530 08/29/03 M2004 1020 603531 08/29/03 2810 1020 603531 08/29/03 2810 1020 603531 08/29/03 2810 TOTAL CHECK 1020 603532 08/29/03 3027 1020 603533 08/29/03 677 1020 603534 08/29/03 695 1020 603534 08/29/03 695 1020 603534 08/29/03 695 1020 603534 08/29/03 695 1020 603534 08/29/03 695 TOTAL CHECK 1020 603535 08/29/03 696 1020 603535 08/29/03 696 TOTAL C~ECR 1020 603536 08/29/03 700 1020 603537 08/29/03 701 1020 603537 08/29/03 701 TOTAL CHECK 1020 603538 08/29/03 2008 1020 603539 08/29/03 1993 1020 603540 08/29/03 1154 1020 603541 08/29/03 M 1020 603542 08/29/03 ME004 1020 603543 08/29/03 18 i020 603544 08/29/03 761 SAVIN CORPORATION (SUPPL 1104310 SEHEON, R 580 SIMON MARTIN-VEGUE WINKE 4239222 SIMON MARTIN-VEGUE WINKE 4239222 SIMON MARTIN-~EGI/E WINKS 4239222 SLIVINSKE, T~fLER 5806449 SMART & FINAL 5806349 SMART & FINAL 5706450 SMART & FINAL 5706450 SRI SPORTS, INC. 1108314 STATE STREET BANK & TRUS 110 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 TADCO SUPPLY 1108505 TADCO SOPPLY 1108505 TARGET SPECIALTY PRODUCT 1108407 TARGET STORES 5706450 TARGET STORES 5706450 TECH 5UJSEL~ OF INNOVATIO 5806349 TREASURER OF AI~DA COU 110 URITED WAY OF SD/qTA CI~ 110 Vanoveren,,Michael 550 WASHINGTON CO~4UNITY 560 WASTE ORGANIZATION ADONA 6308840 WEDEMEYER BAKERY 5606620 PAGE 6 ..... DESCRIPTION ...... SALES TAX AMOUNT EXCESS 8/2002-8/2003 0.00 253.73 Refund: Check - Return 0.00 750.00 PUBLIC WORKS CONTRACT 0.00 2074.73 PUBLIC WORKS CONTRACT 0.00 45770.38 PUBLIC WORKS CONTRACT 0.00 6626.21 0.00 54471.32 RRFD LIFEGUARD CLASS 0.00 125.00 CAMP SUPPLIES 22954 0.00 16.94 SUPPLIES 22955 0.00 17.91 SLrPPLIES 17485 0.00 105.49 0.00 140.34 CENTER STEEPS A~ TENN 0.00 712.28 *PERS DEF 0.00 3590.93 COFFEE 0.00 266.90 SENIOR SOCIALS 0.00 67.22 BINGO 0.00 52.94 FY 2003-2004 OPEN PURC 0.00 3680.97 FY 2003-2004 OPEN PURC 0.00 2974.23 0.00 7042.26 SUPPLIES 0.00 35.26 SUPPLIES 0.00 58.26 0.00 93.52 FY 2003-2004 OPEN PURC 0.00 679.33 SUPPLIES 17483 0.00 120.45 SUPPLIES 17484 0.00 97.39 0.00 217.84 ~%DMISSION 17284 0.00 276.00 A LOPEZ JR 566398126 0.00 253.84 UNITED WAY 0.00 122.10 Refund: Check - Rental 0.00 750.00 REFUND OF DEPOSIT 0.00 100.00 ENGINE OIL 15879 0.00 350.00 FY 2003-2004 OPEN PURC 0.00 466.28 RUN DATE 08,/28/03 TIME 15:41:41 - FINAMCIAL ACCO~ING 08/28/03 CITY OF C~JPERTINO ACCOL~ING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FL~ SELECTION CRITERIA: transact.tran$_daSe between "08/25/2003" and "08/29/2003" 1020 603545 08/29/03 768 1020 603546 08/29/03 2969 1020 603547 08/29/03 M2004 1020 603548 08/29/03 M2004 1020 603549 08/29/03 M2004 1020 603550 08/29/03 178 1020 603551 08/29/03 1699 TOT;~L CASE ACCOUNT TOTAL FUND WEST GROUP PAY~NT CENTE 1101500 WIC: WORrDER ICE C~EAM DI 5606620 WRIGHT~UkN, KURT 5806449 WROBLEWSRI, STACY 5806449 YOUNG, AM3tNDA 5806449 COLONIAL LIFE & ACCIDENT 110 PACIFIC GA~ & ELECTRIC C 4209119 TOTAL REPORT PAGE 7 ..... DESCRIPTION ...... SALES T~2( AMOUNT MCQUILLIN SUBSCRIPT 0.00 1069.51 FY 2003-2804 OPEN PURC 0.00 299.14 REFD LIFEGUARD CL~S 0.00 125.00 REFD LIFEGUARD CLASS 0.00 125.00 REFD LIFEGUARD CL~S 0.00 125.00 #E7013899-0000 0.00 522.66 NEW ELECTRICAL SERV. 0.00 2130.12 0.00 458741.17 0.00 458741.17 0.00 458741.17 RUN DATE 08/28/03 TINE 15:41:41 - FIN~CI~ ACCOUNTING DRAFT RESOLUTION NO. 03-164 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 HEREINAFFER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING SEPTEMBER 05, 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: Dxrector of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15thday of September, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 09/04/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/04 Cq4ECK REGISTER DISBLrRSEMENT FI/ND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 603552 09/05/03 1695 3M 2708405 1020 603552 09/05/03 1695 3M 2708405 1020 603552 09/05/03 1695 3M 2708405 1020 603552 09/05/03 1695 3M 2708405 1020 603552 09/05/03 1695 3M 2708405 TOTAL CHECK 1020 603553 09/05/03 2110 1020 603553 09/05/03 2110 1020 603553 09/05/03 2110 1020 603553 09/05/03 2110 TOTAL CHECK 1020 603554 09/05/03 M2084 1020 603555 09/05/03 M2004 1020 603556 09/05/03 91 1020 603557 09/05/03 1475 1020 603558 09/05/03 100 1020 603559 09/05/03 2134 1020 603560 09/05/03 2134 1020 603561 09/05/03 127 1020 603562 09/05/03 1024 1020 603563 09/05/03 1476 1020 603563 09/05/03 1476 1020 603563 09/05/03 1476 TOT~tL CEECK 1020 603564 09/05/03 149 1020 603564 09/05/03 149 1020 603564 09/05/03 149 1020 603564 09/05/03 149 1020 603564 89/05/03 149 1020 603564 09/05/03 149 TOTAL CHECK 1020 603565 1020 603566 1820 603567 1020 603567 TOTAL CHECK ABC BACKFLOW TESTING REP 1108407 ~%BC BACKFLOW TESTING REP 1108312 ;%BC BACKFLOW TESTING REP 1108407 AIBC BACKFLOW TESTING REP 1108407 AICPA 1104100 ~/~4ADILLO WILLY'S 2204010 DH JOEL BERGER 5806449 BILL'S TREE C~rD LJkN 1108315 BMI IMAGING SYSTEMS 1107501 CALENDARS 1101500 CALENDARS 1104300 THE CALIFORNIA C~EL 1103500 CALIFORNIA JOURNAL 1103300 C~0N DESIGN GROUP 110 CAPrNON DESIGN GROOP 110 CA~ON DESIGN GROUP 110 C2%SH 1101000 C~H 1107301 C~H 2204010 CASH 4239222 C~H 1107501 C~R 1104400 09/05/03 1756 09/05/03 2704 09/05/03 1555 09/05/03 1555 CITY OF SUN~ALE-UTILIT 1108511 BRIAN CORDIEL 5606620 CORPORATE EXPRESS 1104200 CORPORATE EXPRESS 1104200 ..... DESCRIPTION ...... SALES TAX PAGE 1 AMOUNT MATERIALS 0.00 86.57 NATERIALS 0,00 107.41 NATERIALS 0,00 1380.70 MATERIALS 0.00 619.62 MATERIALS 0.00 743.55 0.00 2937.85 BACKFLOW REPAIR 0.00 225.00 BACKPLOW REPAIR 0.00 275.00 BACKFLOW INSTALLATION 0.00 425.00 BACKFLOW CLEANING 0.00 375.00 AICPA RNWL C.AUGUSTIN 0.00 150.00 LC BBQ 0.00 427.59 SERVICE AGREEMENT FOR 0.00 90.00 TRIM TREE/JOLLY~ 0.00 3250.00 EN%q~LOPES/M.FICHE 0.00 61.55 2004 C/tLENDARS 0.00 68.07 PETTY CASH 8/27-9/03 0.00 10.00 PETTY CASH 8/27-9/03 0.00 64.31 PETTY CASH 8/27-9/03 0.00 22.98 PETTY CASH 8/27-9/03 0.00 30.00 PETTY CASH 8/27-9/03 0.00 38.00 PETTY CASH 8/27-9/03 0.00 12.98 0.00 170.27 0.00 22.31 0.00 367.50 UTILITIES SERVICE AGREEMENT FOR ARTWORK/B.LICENSE B.LICENSE FORMS 0.00 81.19 0.00 259.21 0.00 340.40 RUN DATE 09/04/03 TIME 12:29:35 - FINANCIAL ACCOUNTING -Io 09/04/03 CITY OF CUPERTINO ACCO~/NTING PERIOD: 3/04 CHECK P~EGISTER - DISBURSEMENT FL~ SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" PAGE 2 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 603568 09/05/03 192 1020 603568 09/05/03 192 1020 603568 09/05/03 192 TOTAL C~ECK 1020 603569 09/05/03 194 1020 603569 09/05/03 194 TOTAL CRECE 1020 603570 09/05/03 2893 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603971 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 1020 603571 09/05/03 209 TOTAL CRECK 1020 603572 09/05/03 223 1020 603573 09/05/03 260 1020 603573 09/05/03 260 1020 603573 09/05/03 260 1020 603573 09/05/03 260 TOTAL CHECK 1020 603574 09/05/03 2361 1020 603574 09/05/03 2361 1020 603574 09/05/03 2361 1020 603574 09/05/03 2361 TOTAL CHECK 1020 603575 09/05/03 2381 1020 603575 09/05/03 2361 CUPERTINO MEDICAL CENTER 1104510 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO MEDICAL CENTER 5606449 CUPERTINO SUPPLY INC 1108407 CUPERTINO SUPPLY INC 1108407 DAVID R FOX AAq3 COMPANY 5609112 DE ANZA SERVICES INC 1108511 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108504 DE ~LNZA SERVICES INC 1108507 DE A~ZASERVICES INC 1108509 DE A~ZASERVICES INC 1108509 DE ANZA SERVICES INC 1108503 DE ~NZA SERVICES INC 1106302 DE ANZA SERVICES INC 1108315 DE A~ZASERVICES INC 1108314 DE ANZA SERVICES INC 1108407 DE ANZA SERVICES INC 1108506 DE 2%NZASERVICES INC 1108504 DE ANZA SERVICES INC 5708510 DE AMZA SERVICES INC 1108303 DE AMZA SERVICES INC 1108505 DE ANZA SERVICES INC 1108508 DE ANZA SERVICES INC 1108507 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 1108502 DON & MIKE'S SWEEPING IN 2308004 FEDERAL EXPRESS CORP 1108601 FEDERAL EXPRESS CORP 6104800 FEDERAL EXPRESS CORP 4239222 FEDER~ EXPRESS CORP 5708510 FIRST BANKCARD 5708510 FIRST BAMKCARD 1108501 FIRST BANKCD~D 1108503 FIRST BANKCJ~ 1108507 FIRST BANKCARD 1104000 FIRST BANKCARD 1101000 PB/ISICAL/M.BOOKSPUN 0.00 70.00 XRAY/R.NATAR3%JAN 0.00 45.00 TB TEST/A.POON~O 0.00 15.00 0.00 130.00 FY 2003-2004 OPEN PCRC 0.00 44.19 FY 2003-2004 OPEN PURC 0.00 13.35 0.00 57.54 SERVICE AGREEMENT FOR 0.00 4050.00 CLE~%N UP/CREEKSIDE 0.00 315.00 SPECIAL SERVICE 8/22 0.00 390.00 SPEC SERVICE 8/18 0.00 340.00 SPEC SERVICE 8/20 0.00 475.00 SPEC SERVICE 8/22 0.00 180.00 SPEC SERVICE 8/2003 0.00 315.00 JANITORIAL AUG2003 0.00 1385.66 JA-NITORI/~L AU02003 0.00 1988.75 JANITORI/~-L AUG2003 0.00 739.71 JANITORIAL AUG2003 0.00 739.71 JA-NITORI/~L AU02003 0.00 4438.26 JANITORIAL AUG2003 0.00 1004.89 JANITORIAL AUG2003 0.00 343.41 JANITORIAL AUG2003 0.00 6182.68 JANITORIAL AUG2003 0.00 868.08 JANITORIAL AUG2003 0.00 1479.42 JANITORIAL AUG2003 0.00 3500.12 JAZ~ITORIAL AUG2003 0.00 140.13 JANITORIAL AUG2003 0.00 2685.20 JANITORIAL AUG2003 0.00 2852.65 JANITORIAL AUG2003 0.00 1649.17 0.00 32012.84 SERVICES AUG2003 0.00 11173.39 COURIER SERVICE 0.00 34.04 COURIER SERVICE 0.00 237.44 COURIER SERVICE 0.00 16.34 COLTRIER SERVICE 0.00 10.45 0.00 298.27 STATEMENT AUG2003 0.00 64.93 STATEMENT AUG2003 0.00 97.41 STATEMENT AUG2003 0.00 216.48 STATEMENT AUG2003 0.00 196.42 0.00 575.24 STATEMENT AUG2003 0.00 407.48 STATEMENT AUG2003 0.00 69.27 RUN DATE 09/04/03 TIME 12:29:35 - FINANCIAL ACCOUNTING 09/04/03 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 3/04 CI{ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" TOTAL CHECK 1020 603576 09/05/03 2361 FIRST BANKCARD 1108502 1020 603576 09/05/03 2361 FIRST BANKCA~D 1108407 1020 603576 09/05/03 2361 FIRST BANKCARD 5708510 1020 603576 09/05/03 2361 FIRST BANKCARD 1108501 1020 603576 09/05/03 2361 FIRST BANKCARD 4239222 1020 603576 09/05/03 2361 FIRST BA~KCARD 4209546 1020 603576 09/05/03 2361 FIRST BANKCARD 1108503 TOTAL CHECK 1020 603577 09/05/03 2361 FIRST BANKCARD 1106647 1020 603577 09/05/03 2361 FIRST BANKCARD 5806349 1020 603577 09/05/03 2361 FIRST BANKCARD 5806449 1020 603577 09/05/03 2361 FIRST BANKCARD 5806349 1020 603577 09/05/03 2361 FIRST BANKCARD 1106647 1020 603577 09/05/03 2361 FIRST BANKCARD 1106265 1020 603577 09/05/03 2361 FIRST BANRCARD 1106248 1020 603577 09/05/03 2361 FIRST BANKCARD 1106342 1020 603577 09/05/03 2361 FIRST BA~KCARD 1101065 1020 603577 09/05/03 2361 FIRST BANKC~RD 1106343 TOTAL CHECK 1020 603578 09/05/83 2361 FIRST BANKCAPJ3 1108501 1020 603578 09/05/03 2361 FIRST BANKCARD 1108505 TOTAL CHECK 1020 603579 09/05/03 2361 FIRST BANKCARD 5606640 1020 603579 09/05/03 2361 FIRST BANKCARD 5806649 1020 603579 09/05/03 2361 FIRST BANKCARD 5606620 1020 603579 09/05/03 2361 FIRST BANKCARD 5606620 TOTAL CHECK 1020 603580 09/05/03 2361 FIRST BANKCkRD 1108507 1020 603580 09/05/03 2361 FIRST BANKCARD 1108501 1020 603580 09/05/03 2361 FIRST BANKCARD 5708510 1020 603580 09/05/03 2361 FIRST BANKCARD 1108503 1020 603580 09/05/03 2361 FIRST BANKCARD 1108504 1020 603580 09/05/03 2361 FIRST BANKCARD 1108505 1020 603580 09/05/03 2361 FIRST RANKCARD 1108502 1020 603580 09/05/03 2361 FIRST BANKCARD 1108506 TOTAL CHECK 1020 603581 09/05/03 2843 FOLGSR GRAPHIC INC 1103400 1020 603582 09/05/03 268 FOSTER BROS SECURIT~f SYS 1108507 1020 603583 09/05/03 281 GARDENLAND 6308840 1020 603583 09/05/03 281 GARDSNLAND 6308840 1020 603583 09/05/03 281 GARDENLAND 6308840 1020 603583 09/05/03 281 GARDE~ 6308840 ..... DESCRIPTION STATEHENT AU02083 STATEMENT AUG2003 STATEMENT AUG2003 STATEHENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMEI~ AUG2003 STATEMENT AUG2003 STATES~ENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 STATEMENT AUG2003 0.00 496.75 0.00 201.64 0.00 39.72 0,00 26.09 0.00 733.57 0.00 26.66 0.00 84.87 0.00 14.02 0.00 1126.57 0.00 152.00 0.00 1838.44 0,00 757.73 0.00 277.27 0.00 16.60 0,00 60.35 0,00 72.14 0.00 132.49 0.00 159.78 0.00 285.52 0.00 480.79 0.00 591.70 0.00 1527.79 STATEMENT AUG2003 0.00 25,24 STATEMENT AUG2003 0.00 137,09 STATEMENT AUG2003 O.00 57.46 STATEMENT AUG2003 0.00 198.24 STATEMENT AUG2003 0.00 34.51 STATEMENT AUG2003 0.00 24.26 STATEMENT AUG2003 0.00 4.65 STATEMENT AUG2003 0.00 45.65 0.00 527.30 AUGUST 2003 SCENE SUPPLIES FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC 0.00 2946.74 0.00 203.79 0.00 29.64 0.00 110.71 0.00 574.29 0.00 312,76 RUN DATE 09/04/03 TIME 12:29:35 FINANCIAL ACCOUNTING 09/04/03 CITY OE CUPERTINO ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" FUND - 110 - GENERAL ~3ND ISSUE DT .............. VENDOR ............. FUND/DEPT 09/05/03 281 GARDENLAND 1108312 1020 603584 09/05/03 298 GRAINGER INC 1108503 1020 603584 09/05/03 298 GRAINGER INC 1108830 TOTAL CHECK 1020 603585 09/05/03 3026 1020 603585 O9/05/03 3026 1020 603555 09/05/03 3026 TOTAL CHECK 1020 603586 09/05/03 1235 HIGI~K LIFE INSL~CE 110 1020 603586 09/05/03 1235 EIGHSt~RK LIFE INSURANCE 6414570 TOTAL CHECK 1020 603587 09/05/03 1410 HILLYARD 5606620 1020 603588 09/05/03 M2004 HO, ROSANNA 1100000 1020 603588 09/05/03 [42004 HO, ROSA!NNA 110 1020 603588 09/05/03 M2004 HO, ROSANNA 110 TOTAL CHECK 1020 603589 09/05/03 1981 1020 603590 09/05/03 M2004 1020 603591 09/05/03 M2004 1020 603592 09/05/03 400 1020 603593 09/05/03 ME2004 1020 603594 09/05/03 2912 1020 603595 09/05/03 1599 1020 603596 09/05/03 986 1020 603597 09/05/03 1868 1020 603598 09/05/03 1602 1020 603599 09/05/03 465 1020 603599 09/05/03 465 1020 603599 09/05/03 465 1020 603599 09/05/03 465 1020 603599 09/05/03 465 1020 603599 09/05/03 865 TOTAL CHECK INTERSTATE TR~FIC CONTR 2708404 JENG, JOSEPH 1100000 KOUZES, JIM 2204010 LIFETIME TENNIS INC 5706450 LOPEZ, CASEY 1100000 LUCKY I & I PORTABLE SER 5208003 MANAGED HEALTH NETWORK I 1104510 MATTHEW BENDER & COMP;LNY 1101500 MAZE AiqD A~SOCIATES 1104000 MBIA MUNISERVICES COMPA~ 1100000 MOUNTAIN VIEW GARDEN CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108303 MOUNTAIN VIEW GARDEN CEN 1108303 MOUNTAIN VIEW GARDEN CEN 1108321 PAGE 4 ..... DESCRIPTION ...... SALES TAX AMOUNT PARTS/S~/PPLY 15883 0.00 421.18 0.00 1448.58 FY 2003-2004 OPEN PDRC 0.00 FY 2003-2004 OPEN PURC 0.00 0.00 71.38 42.24 113.62 UI~EP 1539-0004 0.00 3571.06 OE3 1539-0005 0.00 4213.44 C~ 1539-0006 0.00 6522.48 0.00 14306.98 LIFE/~2D&D SEPT2003 0.00 9968.50 LTD SEPT2003 0.00 7703.61 0.00 17672.01 SUPPLIES 0.00 366.32 REFUND EI~%NNING DPST 0.00 REFI/ND PLANNING DPST 0.00 REFUND PLANNING DPST 8.00 0.00 1410.00 50.00 400.00 1860.00 PARTS/SUPPLIES 15875 0.00 460.06 REFD B.LICENSE 11258 0.00 185.00 30 COPIES C~LENGE 0.00 400.00 SERVICE AGREEMENT FOR 0.00 54945.07 REPL~ACE CK 70298 0.00 835.45 RENTAL 0.00 92.01 EMPLYE ASSIST 9/2003 0.00 933.00 CA DEER 03 HVS 0.00 194.37 PROG BILL AUDIT 02/03 0.00 2997.50 S.TAX AUDIT QTR 3/03 0.00 1317.28 I~SCAPE SUPPLIES 0.00 38.91 LANDSCAPE SUPPLIES 0.00 30.80 LANDSCAPE SUPPLIES 0.00 32.42 I2LNDSCAPE SUPPLIES 0.00 43.76 L~SCAPE SUPPLIES 0.00 32.42 FY 2003-2004 OPEN PURC 0.00 162.11 0.00 340.42 DATE 09/04/03 TIME 12:29:36 - FINANCIAL ACCOUNTING D 09/04/03 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 3/04 CHECK P~EGISTER - DISBY/RSEMENT FUND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" 1020 603600 09/05/03 1191 NAICA NURSERY INC 1108408 1020 603601 09/05/03 2862 NATLTRE WOK 5506549 1020 603602 09/05/03 485 NEWMAN TP~FIC SIGNS 2708405 1020 603603 09/05/03 M2004 NGUYEN, LONG QUOC 1100000 1020 603604 09/05/03 493 OFFICE DEPOT 1108601 1020 603604 09/05/03 493 OFFICE DEPOT 5706450 1020 603604 09/05/03 493 OFFICE DEPOT 1104510 1020 603604 09/05/03 493 OFFICE DEPOT 5806249 1020 603604 09/05/03 493 OFFICE DEPOT 1104400 1020 603604 09/05/03 493 OFFICE DEPOT 5806349 1020 603604 09/05/03 493 OFFICE DEPOT 5806349 1020 603604 09/05/03 493 OFFICE DEPOT 1108201 1020 603604 09/05/03 493 OFFICE DEPOT 1108601 1020 603604 09/05/03 493 OFFICE DEPOT 1108601 1020 603604 09/05/03 493 OFFICE DEPOT 1104510 1020 603604 09/05/03 493 OFFICE DEPOT 1107405 1020 603604 09/05/03 493 OFFICE DEPOT 5806349 TOTAL CHECK 1020 603605 09/05/03 494 OFFICE DEPOT CREDIT PI~ 1101500 1020 603606 09/05/03 833 P E R S 110 1020 603606 09/05/03 833 P E R S 118 1020 603606 09/05/03 833 P E R S 110 1020 603606 09/05/03 833 P E R S 110 TOTAL CHECK 1020 603607 09/05/03 2444 PACIFIC GA~ & ELECTRIC 1108830 1020 603607 09/05/03 2444 PACIFIC GAS & ELECTRIC 1108101 TOTAL CHECK 1020 603608 09/05/03 515 1020 603608 09/05/03 515 TOTAL CHECK PACIFIC WEST SECURITY IN 5708510 PACIFIC WEST SECURITY IN 1108506 1020 603609 09/05/03 M2004 PALO ALTO YMCA 5600000 1020 603610 09/05/03 527 PENINSUL~ BUILDING MATER 1108407 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 1020 603611 09/05/03 526 PENINSULJ% DIGITAL IMAGIN 4259313 PENINSU~ DIGITAL IMF&GIN 4259313 PENINSULA DIGITAL IMAGIN 4259313 PENINSUI~ DIGITAL IMAGIN 4259313 PENINSUI~ DIGITAL IMAGIN 4269212 PENINSULA DIGITAL IMAGIN 4269212 PENINSULA DIGITAL IMAGIN 4269212 PENINSULA DIGITAL IMAGIN 4259313 DESCRIPTION ...... SALES TAX LANDSCAPE SPLY 15882 0.00 AMOUNT 443.83 WEDNESDAY LUNCH 0.00 90.99 FY 2003-2004 OPEN PUNC 0.00 184.40 LICENSE FEE 24734 0.00 309.76 REF#214749406-001 0.00 -236.76 OFFICE SUPPLIES 0.00 135.20 COFFEE SUPPLIES 0.00 43.37 OFFICE SUPPLIES 0.00 514.47 OFFICE SUPPLIES 0.00 62.16 OFFICE SUPPLIES 0.00 58.02 OFFICE SUPPLIES 0.80 35.43 OFFICE SUPPLIES 0.80 146.36 OFFICE SUPPLIES 0.fl0 243.~1 OFFICE SUPPLIES 0.80 236.76 COFFEE SUPPLIES 0.00 43.37 OFFICE SUPPLIES 0.00 31.11 OFFICE SUPPLIES 0.00 73.05 0.00 1386.45 OFFICE SUPPLIES 0.00 57.07 SPEC & TAX DEFERRED 0.00 26267.01 NOR~ 0.00 623.87 SURVIVOR BENEFIT 0.00 117.18 EMPLOYER 0.00 7110.85 0.00 34118.91 7/24-8/21 0.00 21400.11 7/24-8/21 RICOCHET 0.00 234.18 6.88 21634.29 SERVICE C~L 8/18 8.00 110.00 SERVICE CALL 8/21 0.00 145.00 0.00 255.00 0.00 225.00 REFD ADM. OVERPAYMENT SUPPLIES 15890 0.00 75.23 0.00 346.59 0.00 12.65 0.00 12.65 0.00 17.44 0.00 420.88 0.00 166.11 0.08 268.11 0.00 173.81 CCPARK IMPROVE pLANS CC PARK IMPROVE PLANS CCPARK IMPROV. PLANS CCPARK IMPROV. PLANS SPORTS CTR 17317 SPORT CTR IMPROV.PLAN SPORT C7~ IMPROV.pLAN CCPARK IMRROV. pLA~$ RT3N DATE 09/04/03 TIME 12:29:36 FINANCIAL ACCOLTNTING 09/04/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSE~4ENT FUND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" PHYLLIS BUTLER 1107301 JEFF PISERC~IO 5606640 pURCHASE POWER 1104300 QUALLS, RALPH 1108101 QUAAVfUM DESIGN 6109863 REGISTR~ OF VOTERS 1104300 REPUBLIC ELECTRIC 1108602 REPUBLIC ELECTRIC 1108602 REPUBLIC ELECTRIC 1108602 REPUBLIC ELECTRIC 1108830 RICH/~D'S TIRE SERVICE 5606620 BOB RIZZO 1108201 ROBERT ~LkLF TECHNOLOGy 6104800 ROSS RECREATION EQUIPMEN 1108315 ROYAL BR3%SS INC 6308840 ROYA~L COACH TOURS 5506549 RUBE'S PEST MANAGEMENT 1108506 RUDE'S PEST MANAGEMENT 1108321 RUBE'S PEST MJ~NAGEMENT 1108504 RUDE'S PEST MANAGEMENT 1108503 RUDE'S PEST ~ANAGEM~h~f 1108505 RUDE'S PEST ~AGEMENT 5708510 SALVATIERRA, ~t~RY ANNE 580 THE MERCURY NEWS 1106265 SANTA CLAR~ COUNTY 110 SA~A CL~ CTY SHERIFF 1104510 SANTA CLARA COUNTY SHERI 5606620 ..... DESCRIPTION CCPARK IMPROV. PLANS CCPARK IMPROV. PLANS GUIDE TO S.VALLEY SERVICE AGREEMENT FOR POSTAGE MCF2~E SUPPLY REIMBUNSE FOR CHAIR MONTRLY NOSTING FEE ELECTION 11/04/03 TRAFFIC SIGNAL K~OCK D TR~FIC SIGNAL ~I~OCK D TRAFFIC SIGNAL KNOCKDO LABOR/MATERIALS TIRE REPAIR APWA CONGRESS 8/23-26 SALES TAX 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 O.O0 O.OO 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 6 AMOUNT 170.93 465.31 2054.48 18.24 1956,00 105.45 1208.07 1500.00 35000.00 2531.00 1364.00 1505.00 5490.00 10890.00 70,00 813.13 864.00 33.23 23.85 663.01 180.00 180.00 1BO.O0 180.00 180.00 175.00 1075.00 120.00 49.26 150.00 84.00 778.64 RI31q DATE 09/04/03 TI~4E 12:29:36 FINANCIAL ACCOD1TTING 3-/5- 09/04/03 CITY OF CUPERTINO ACCOL~TING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FI3~ SELECTION CRITERIA: transact.trans_da~e between "09/01/2003" and "09/05/2003" FLqTD - 110 - GENEP3%L FL~TD 1020 603630 TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 09/05/03 633 S;~NTA CI~COLq~TY SHERI 5606620 1020 603631 09/05/03 1648 1020 608632 09/05/03 1648 1020 603633 09/05/03 2875 1020 503634 09/05/03 1690 1020 603635 09/05/03 M2U04 1020 603636 09/05/03 2051 1020 603637 09/05/03 652 1020 603638 09/05/03 2810 1020 603638 09/05/03 2610 1020 603638 09/05/03 2810 TOTAL CHECK 1020 603639 09/05/03 M 1020 603640 09/05/03 1273 1020 603640 09/05/03 1273 TOTAL CHECK 1020 603641 09/05/03 671 1020 603642 09/05/03 1421 1020 603643 09/05/03 2045 1020 603643 09/05/03 2045 1020 603643 09/05/03 2045 TOTAL CHECK 1020 603644 09/05/03 2760 1020 603644 09/05/03 2760 TOTAL UEECK 1020 603645 09/05/03 695 1020 603645 09/05/03 695 TOTAL CHECK 1020 603646 09/05/03 700 1020 603647 09/05/03 701 1020 603648 09/05/03 1564 SAVIN CORPOP~TION {SUPPL 1104310 SAVIN CORPORATION (SUPPL 1104310 SAVIN CREDIT CORP 1104310 SNOWBERGER, G~Y 580 SPORT SUPPLY GROUP, INC. 5806449 SPORT SUPPLY GROUP, INC. 5806449 STAI?D~2{D BUSINESS MACHIN 1101500 ST~ILEY STEE~4ER 1108505 SVCN 5208003 SVUE 5208003 SVCN 5208003 SW~NK MOTION PICTURES, I 1101201 SWANK MOTION PICTURES, I 1101201 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 TARGET SPECIALTY PRODUCT 1108201 TARGET STOP. ES 5305349 TEACRERS' UELPER 5806349 ..... DESCRIPTION ...... SECURITY 8/17 R3720300010 8/22-11/2 H2400800225 8/13-11/1 W3720300010 STAMP CTY CUPERTINO UTILITY TAX REFUND Refund: Check - FALL; WALL PADS C~LING D WALL PADS C~LING D REPLACE THER/~3tL SWTCH LABOR/MATERIALS AD 8/13/03 HAZ WILSTE AD 8/13/03 WAZ WASTE AD 8/20/03 GREEK WEDDING VIEWING MOSTLY 5~%RTHA VIEWING FY 2003-2004 OPEN PUEC FY 2003-2004 OPEN PUEC REGISTRATION (5) 9/10 SUPPLIES 22945 PRESCHOOL SPLY 17287 PAGE 7 RUN DATE 09/04/03 TI~4E 12:29:36 - FINANCIAL ACCOI/bFfING 09/04/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003" CASH ACCT C~ECK NO 1020 603649 1020 603650 1020 603651 1020 603652 1020 603653 1020 603654 1020 603655 1020 603656 1020 603656 TOTAL CHECK TOTAL CASH ACCOUNT TOT;%L FUND TOTAL REPORT ISSUE DT .............. VENDOR ............. FUND/DEPT 09/05/03 736 09/05/03 310 09/05/03 746 09/05/03 750 09/05/03 774 09/05/03 2913 09/05/03 794 09/05/03 962 09/05/03 962 VALLEY OIL COMPANY 6306840 VERIZON WIRELESS 1102403 VIKING OFFICE PRODUCTS 5506549 VISION SERVICE PLAN {CA) 110 WESTER~ HIGHWAY PRODUCTS 2708405 ROBERT E. W~ITAKER 1104511 XEROX CORPORATION 1104310 LINDA YELAVIUE 5506549 LINDA YELAVICH 5506549 ..... DESCRIPTION ...... SALES TAX AMOUNT FY 2003-2004 OPEN PURC 0.00 5636.63 #608881609 AUG2003 0.00 72.36 OFFICE SUPPLIES 7249 0.00 69.74 VISION INSU~CE 9/03 0.00 2198.40 FY 2003-2004 OPEN PURC 0.O0 102.84 INVESTIGATION 03-0707 0.00 2394.38 RECYCLED PAPER 0.00 379.42 SUPPLIES 0.00 18.39 SUPPLIES 0.00 226.03 0.00 244.42 0.00 306543.08 0.00 306543.08 O.OO 306543.08 RL~N DATE 09/04/03 TIME 12:29:36 - FINANCIAL ACCOIJNTING RESOLUTION NUMBER 03-165 DRAFT 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 SALARIES AND WAGES PAID ON August 29, 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 $ 455,121.55 Less Employee Deductions $(120,337.98) NETPAYROLL $ 334.783.57 Payroll check numbers issued 70039 through 70324 Void check number(s) 69753-70038 CERTIFIED: ~2WJ~ ~ Dxrector of Admxmstrat~ve Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NUMBER 03-166 DRAFT 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 September 12, 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 $ 455,870.25 Less Employee Deductions $(120,829.73) NET PAYROLL $ 335.040.52 Payroll check numbers issued 70325 through 70592 Void check number(s) CERTIFIED: ~-/~~~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. ~ SUMMARY Meeting Date: September 15, 2003 SUBJECT Accept the Treasurer's Budget Report - July 2003 BACKGROUND Attached is the Treasurer's and Budget report for the period ended July 31, 2003. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $41.06 million at July 31, 2003, with a maturity value of $40.8 million. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Although short term agency yields finally began to rise later in the month, investment earnings rates continued to decline through July, with funds in the Local Agency Investment Fund (LAIF) yielding 1.65% compared to June's 1.70%, and 2.69% a year ago. The City's portfolio as a whole yielded 2.63% in July. The City's investments in short-term callable federal agency notes continue to be called and the funds placed with LAIF. As a result, the average length to maturity of the City's portfolio is decreasing along with yields. It is anticipated that the portfolio yields will converge towards the lower LAIF return before interest rates begin to rise and other investment vehicles are purchased. Overall, the City's current investment portfolio decreased approximately $500,000 in July, as planned expenditures exceeded incoming revenues. Vehicle license fee payments from the State have been delayed for the fiscal year's first quarter, creating a $270,000 monthly an average cash shortfall from these revenues alone. Note that investments have been laddered to maturity dates that will allow for the projected cash flows required for the library and other capital projects. 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 Most General Fund revenues are well below budget projections at the end of July due to the timing of major tax payments from the County and other tax revenues submitted in the month subsequent to collection. Most July receipts were accrued back to June for a proper 2002-03 fiscal year close. Sales tax receipts continued to decline, reflective of general decline in taxable sales in the first quarter of 2003. Operating expenditures have decreased four percent from July of last year, reflecting 2003-2004 budget decisions as well as departmental cost-cutting efforts. RECOMMENDATION: Accept the Treasurer's and Budget report for July 2003. Submitted by: Approved for submission: Carol T. I~rrell' Deputy Treasurer David W. Knapp City Manager City of Cupertino Jub, ACTIVITY DATE ADJUSTED MATURITY MARKET UNREALIZEE PURCHASE MATURITY DESCRIPTION REF YIELD COST VALUE VALUE PROFIT/LOSS SECURITIES MATURED/CALLED 04/11/03 07/11/03 FHLB© 6k 2.00°A 500,125 500,000 500,083 (43) 07/15/0~i--'~ 07/15/03 FNMA© 6k 3.15°~ 2,400,000 2,400,000 2,401,903 1,903 01/30/03 07/30/03 FNMA(floater)© 6k 2.13% 1,000,000 1,000,000 1,000,526 526 SECURITIES PURCHASED 07/21/03 07/21/06 IFHLB© 6k 2.20% 500,000 500,000 (500,000) CURRENT PORTFOLIO CASH 06/30/03 Cup¢_rt_i~o National Bank 1,737,658 1,737,658 [ ~,737,658 0 06/30/03 Gr_e~t~_r Bay Trust Company 0 0 I 0 0 CA 1,737,658 1,737,658 ! 1,737,658 0 CORPORATE BONDS 0 0 ! 0 0 CORP _ _ 0 0 I .... O 0 06/30/03 C~_p.e~inoNatI-Sweep account 6j --0.32% 624,097 624,0~:/ 624,097 05/31/03 GBTC Money Market 6j --'~51% 270 2~-1}-- 270 o7/o-92~5I 04/15/07 FHLMC(P) - 6k 6,91% 305,5~4 ~-- 301,858 314,04~ 8,516 08/01/01I 08/01/05- FHLB(P) 6~ -- 5.38% 1,500,000 I 'i-,~00,000 1,500,000 ...... 0 09~30/93 ! 05/15/08 fHLMC(P) 6k 6.62%o, 2,912,711 ,~ 2,860,000 2,871,846 (~4~q,~6~ 5 06/28/02 'I 02/15/04 IFH~LMC(P) 6k ~ 1,317,498 ~ 1,300,000 1,329,346 I 11,848 06/28/02I 04/15/04 FHLMC(P) . 6k-- 2.81%I 1,~_08,461i i,3-~0,000 1:~32~4,622 1 "16,161 06/28/02 03/15/04 [FNMA 6k 2.84% 1,315,48~8 1,300,000 1,329,89~- 14,405 I US GOVERNMENT-$~JRITIES .... -- 07/01/02~ 12/31/03 rrcasur~/-Not¢ _. 6a --'-~.~5% 2,520,814 i 2,5001~1~0- 2,523,438 2,624 us [ ~ ....... I 2,$20,si4 _.2_z_~00,000 2,525,43~. . 2,624 i Aver a_g_e [ield I I 2'65% Average Length to Maturity (in years) 0.68 City of Cupertino July 2003 ACTIVITY DATE ADJUSTED MATURITY MARKET 3NREAL1ZE[ PURCHASE MATURITY DESCRIPTION REF YIELD COST ' VALUE VALUE PROFIT/LOS5 TR1JST & AGENCY PORTFOLIO -- I 2ERTIFICATES OF DEPOSIT: 07/27/01 [! 09/30/03 ICupertinoNatl(KesterTmst)___ 6b 2.02% 41,235 __. 41,235 41,235 ] ___ 0 rotkl Trust & Agency Portfolio 41,235 41,235 I 41,235 i 0 BOND RESERVE PORTFOLIO .... rrallie Impact Franklin Fiducimy Trust 0.80% 19,100 19,100 19,100 1 10/15/02 Lease Payment Fund~ __ 0.39% 3,058 3,536,764 3,536,';/~64 I 3,533,706 10/15/02 kAIF Bond Account 1.65% 16,014,527 16,014,527 16,014,527 1 10/15/02 ..... _We~lls Fargo Money Mkt 0.40% 681 total Bond Reserve Portfolio 16,017,585 19,551,291 19,551,291 ! 3,533,706 Investments by Type Managed Portfolio Mortgage Obligation 39% Market Cash 3% 4% 4.00% 3.50% 3.00% 2.50% 2,00% 0,50% Rate of Return Comparison 6/02 7/02 8/02 9/02 10/02 11/02 12/02 1/03 2/03 3/03 4/03 5/03 6/03 7/03 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino July 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 " 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 7/31/03 2002/03 Budget 12003/04 Budget Y_TD 07-31-02 YTD 07-31-03 Over/Under Analysis of Trends Taxes: Sales Tax 10,000,000 10,400,000 443,_5.50 - 403,850 -53.40% Property Tax ~ 3,700,000 3,800,000 -100.00% Payments rec'd Nov - Jan & Apr-June Transcient Occupancy 1,665,000 1,675,000 [ -100.00% I'OT for July not received until August Utility Tax 2,620,000 2,750,000 22,469 16,377 -92.85% Franchise Fees 2,200,000 2,__300,000 -100.00% Payments rec'd in subsequent month Other Taxes 1,250,000 1,260,000 _ 65,372 60,455 -42.42% Licenses and Permits 1,182,0001 1,630,000 155,586 159,315 17.29% Use of Money & Property 1,370,000 ' i 500 000 _ 125,66~ 163,253 30.60% Includes interest fi.om bond proceeds lntergovernmentul 3,799,905 3,330,000 270,268 2,563 -99.08% Vehicle license fees delayed from state Charges for Services 381,25.0 410,000 20,794 ~ 39,016 ~ 14.19% Fines & Forfeitures 600,000 600,000 i 17,762 -100.00% Other Revenue 16,855,600 _40,000 3,229 924 -72.29% 02-03 budget includes-a~dd--it~>nal debt proceeds Total Revenue ~ 29.695.000. ~ 845.753 -65.82oA Operating Expenditures: i - ~ Administrative 1,57_8,736 i ,322,305 78,838 49,622 ~ 254~97% Prior year includes $25,500 payment for public' a~ss' Law Enforcement 6,325,411 6,527,7~i 493,723 490,834' -9.77% Commanity Service 765,602 797,888 ~ 42,322 _ _6_1~.272 -7.83% Cupertino Scene po~stag~e pd in lump sum this year Administrative Service 3,679,871 3,947,782 59~3,~852 581,655 __76-80% Insurance Premiums ($336k) pd at begint~_[n~g of fiscal year. Recreation Service 2,254,911 2,178,431 159,549 1 ~2~2,401 -32.57% Prior year 4th of July = $30,000 Community Development ),525,796i 2,698,5181 9~5,_0~ 2 85,564 -61.95% Public Works 9,159,072 9,139,278 428,098 _~2~,221 -44.69% Total Expenditures ~ 26.611.923 ~ 1.812.579 -18.27% Operating Transfers In 250,000 ~,425,000 ! 143,750 118,750 0.00% Operating Transfers Out { -25,497,000~. -4,955,000 _~ -2,228,500 _-4__1~2,917 0.00% 2002-03 Budget included transfers to CIP for New Library Net Income/Loss I ~I 446.923! ~ ~ 500,000 450,000 Revenue Comparison 400,000 350,000 300,000 250,000 300,000 t $0,000 100,000 OD,O00 0 1 2 3 4 5 6 7 8 9 10 11 12 IYTD 07/32/02 mYTD 07/31/03 I Sales Tax 2 Property Tax 3 TOT 4Utility Tax 5FranchiseFees 6Other Expenditure Comparison 700,(~0 1 2 3 4 5 6 7 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works City of C_upert_ino Stmunary of Budget Transfers Budget Revenue [ Expenditure Description Acct # 4 Adiustment Budget i Budget 2003/04 ADOPTED BUDGET .............. ~ 44,3o9,0001 44,746,826 2002/03 CARRYOVER: i I Encumbrances various ' 3,864,187 3,864,1~8_~ Department carryovers various 225,760 225,760 Project carryovers various 28,037,866 1,200,000 28,037,866 REVENUE ADJUSTMENTS: EXPENDITURE ADJUSTMENTS: I Cra-fy over law enforcement grants ~ 110-2401-7014 85,156 85,156 Carry over law enforcement grants 110-2402-7014 15,110 ! 15,110 2002/03 ADJUSTED BUDGET i 45,509,000! 76,974,906 Capital Projects 6/30/03 Fund I Proj# Desedpti~n C/O enc C/O budqet J Adopted chanqe Total Budqet Encumbrance Expenditure ' Current Bal. i s~tus 11c 9215 Department remodel 14,942.50 0.00] 14,942.50 0.00 14,942.50', 0.00 Closed 21~ 9612 Minor Storm Drain Improv 9,300.00 132,290.09 I 71,507 213,097.09 9,102.90 178,773.19', 25,221.40 Open 215 9620 Storm Drain Projects 0.00 1,024,304.32 I 75,000 1,099,304.32 27,073.00 117,467.26 954,764.06 Open 270 9411 W.Stev Creek bike lane 0.00 20,965.00 I 20,965.00 ' 20,965.00 Closed 278 9412 S.Ste~ling bikelane 0.00 24,712.00I~ 24,712.00 J 24,712.00 Closed 270 9413 De Anza bike lane 0.00 40,523.00 i 40,523.00 40,523.00 Closed 270 9430 Stev Canyon Rd widening 1,078,616.99 i 989,322.46 (4,011.81) Open 25,510.30 1,104,127.29 118,816.64 270 9431 StevCrk/BlaneyT/Smedificatien 11,330.89 0.00I 11,330.89 0.00 4,632.58 6,698.31 Closed 270 9432 Hmstd bellevflle T/S medif. 0.00 75,000.00 J 75,000.00 75,000.00 Open 270 9435 Neighborhood traf calming 8,230.00 6,120.00 I 100,000 114,350.00 39,031.64 9,884.38 65,433.98 Open 270 9436 StevCrkTrail Bike facilif~es 0.00 30,219.00 ~ 30,219.00 30,219.00 Open 270 9438 Miller Ave bike facilities 0.00 131,006.60 131,006.50 131,006.50 Closed 270 9440 Wo~febike facilitiyimprov 11,890.43 122,776.68 134,667.11 5,022.70 129,644.41 Closed 270 944' Bike detection enhancecnent 0.00 19,659.00 19,659.00 19,659.00 Closed 270 9443 Bo~linger Rd bike facili[y ~rnprov. 86,119.35 249,840.52 335,959.87 14,959.81 131,056.771 189,943.29 Open 270 9446 DeAn~a/StevCrk crossweik e~h. 0.00 200,000.00 (200,000', 0.00 31,425.15 0.00 iClosed 270 9447 Mary Avonue gateway 33,258.59 156,841.52 (50,000~ 140,100.11 17,476.07 91,198 89~,Open 270 9448 Fco~ill bird bike lanes 86,450.00 99,341.95 ~. 185,791.95 0.00 91,602.00 94,189 95[Cosed 270 9449 MaryAvonue Footbridge 0.00 389,877.15 633,864 1,023,741.15 25,000.00 146.37 998,594 78 Opon~ 270 9450 Pavernent Management 67,300.00 29.45 750,030 (100,00C 717,329.45 501,369.15 202,505.05 13,455 25 Opan 270 9531 Ramp meter signal 280/85 389,233.43 80,209.00 469,442.43 312,131.21 87,102.22 70,209.00 Opan 270 9532 SR85/StevCrkT/S rnedificatio~ 0.00 49,378.49 49,378.49 49,378.49 Open 270 9701 Sidewalk gaps unirnpw areas 0.00 0.00 75,000.00 76,000.00 75,000.00 Open 270 9702 Cib/wide bike parking facilities 0.00 51,789.00 51,789.00 51,789.00 Opa~ 280 9213 McClallan Ranch bldgirnprov. 0.00 211,652.00 211,652.00 211,652.00 Open 420 9108 Park Renovations 0.00 72,545.84 72,S45.84 0.00 72,545.00 0.84 Close( 420 9113 StevCrktrailrnasterplan 0.00 6,260.70 6,260.70 6,260.70 iOpen 420 9115 Skate Park 0.00 401,953.40 i (220,000.00) 181,953.40 181,95340 iOpan 420 9116 .'~an Thomas trail improvernents 21,807.60 427,101.90 i 184,000.00 (150,000.00) 482,909.50 43,326.09 385,888.81 . 53,694.60 '~Opan 420 9117 .~tev Crk Trail master plan study 74,734.84 20,976.00 I 95,710.84 16,036.49 58,942.32 ~. 20,732 03 iOpen 42C 9118 Jnic~ Pacific RR trail 0.00 4,313.87 4,313.87 i 4,313.87 Closed 42C 911~ ~ortaVWilson park improvernont 0.00 564,060.05 9,0oo.oo 573,060.05 302,828.60 224,091.51 I 46,139 94 IOpan 42c 9121 Memorial park softball find impv. 0.00 0.00 25,000.00 25,000.00 22,154.45 2S 000.00 iOpen 42{~ 9216 Service center expanison 41,888.00 67,831.00 109,719.00 66,538.00 21,026.55 iOpan 42(~ 921~ Animal control facility 0.00 500,000.00 (500,000.00) 0.00 I 0.00 IClosed 42~ 9223 Civ~c center improvements 0.00 199,953.03 1,800,000.00 500,000.00 2,499,953.03 5,680.00 46,390.11 i 2,447,882.92 iOpen 426 9224 Civic conter plazaimprovernents 0.00 63,979.75 i 900,000.00 963,979.75 0.00 26,857.03 i 937,122.72 iOpen , 21,849.13 Closed 420 9524 DeAnza/StevCreekartefial rn_gmt 0.00 21,849.13 i 21,849.13 420 9527 Hemestead/TantauT/S upf)rade 3,733.00 172.15 [ 3,905.15 0.00 0.00 3,905.15 Closed 420 9528 280/~Nalfe t raf fic safety improv. 302,574.31 82,434.64 385,008.95 23,261.69 256,617.43 105,129.83 420 9530 Phase III Hmstd arterial mc~lrnt 0.00 43,540.90 43,540.90 0.00 43,540.90 Capital Projects 6/30/O3 Fund Pro{# Description CIO eric C/O budqet Adeotad chanae Total Budaet Encumbrance E~penditure Current Bal. Status 420 9533 Green LED T/S lighta 10,459.86 261,036.00 271,495.86 260.26 10,199.60 261,036.00 Open 420 9534 Advanced ITS De Anza bird 30,055.47 675,536.00 705,591.47 661,016.83 22,656.05 i 21,918.59 iOpen 420 9535 Adaptive traf ccntrd system 635,356.48 300,561.00 935,917.48 344,064.77 291,291.71 i 300,561.00 iOpen 420 9536 St~ling corridor TlS upgrade 0.00 4,901.97 4,901.97 i 4,901.97 ~ Closed 420 9537 BubbcoredorT/S upgrade 0.00 3,063.72 3,063.72 i 3,063.72 iCIosed 420 9538 Pruneedge corriderT/S upgrade 0.00 4,~01.97 4,901.97 4,901.97 Closed 420 9539 Welf~Prunetidge T/S upgrade 0.00 4,595.58 4,595.58 i 4,595.58 l~Closed 420 9541 School traffic calmin~g measure 163,430.68 21,902.95 185,333.63 0.00 137,647.08 I 47,686.55 Open 420 9544 Safe routes CHS 500,000.00 500,000,00 500,O30.O0 Open 420 9545 T/S upgrades various locations 0.00 0.00 300,000.00 (150,000.00 150,000.00 150,000.00 Open 420 9546 Traf operation center facilities 0.00 0.(30 2O0,000.O0 200,000.00 24,173.19 46,257.50 129,569.31 ~Open 42(; 9547 Yellow peal LED T/S upgrades 0.00 0.00 140,000.00 140,000.00 i 140,000.00 ',Open 42C 9548 Traf st walkability mods facility 0.00 0.00 100,000.00 (95,000.O0) 5,000.00 0.00 i 5,000.00 iOpen 42(; 9703 Apple public art 100,000.00 (100,000.00) 0.00 [ o.o0 rclosed 423 9222 Ubra~yconstruction 1,725,520.72 1,720,866.03 17,600,000.00 21,046,386.75 738,564.99 2,802,967.57 i 17,504,854.19 iOpen 424 9210 SeniorCentar Expansion 10,952.00 34,483.47 45,435.47 0.00 12,748.60 32,686.87 Closed 425 9313 Four Season Comer 0.O0 412,074.95 662,000.00 1,074,074.95 15,141.82 132,920.66 926,012.47 Open 425 9314 Four Season Art Sculpture 0.O0 143,788.00 143,788.00 I~,~Poo0 21,568.O3 0.O3 Open 426 9212 SportsCtr.fitnessex~)ansion 0.00 1,629,918.91 711,000.00 2,340,918.91 72,560.59 376,385.60 1,891,972.72 Open 560 9105 Blackberry Farm 0.O0 451,882.65 75,000.00 526,882.65 0.00 35,451.03 491,431 62 Open 560 9112 E~BFmasterplanstud¥ 34,000.0O 116,000.00 160,000.O3 10,375.10 68,131.81 71,493.09 Open I 6,915,594.50 29,775,483.73 ' l-otel 4,851,185.14 12,004,530.53 i 24,402,371.00 1,056,000.00! 40,202,086.67 3,511,008.44 DRAFT RESOLUTION NO. 03-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DESTRUCTION OF CERTAIN RECORDS (CITY MANAGER'S OFFICE) WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02- 037 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the departmental request for permission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 02-037; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City CoUncil of the City of Cupertino this 15thday of September 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPE INO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 To: From: Subject: Date: OFFICE OF THE CITY CLERK MEMORANDUM Dave Knapp, City Manager; Carol Atwood, Director of Admin/strative Services; Therese Smith, Director of Parks and Recreation; Steve Piasecki, Director of Community Development; Ralph Qualls, Director of Public Works; Sandy Abe, HR Manager; Charles Kilian, City Attorney; Kimberly Smith, City Clerk. Grace Johnson, Deputy City Clerk RECORDS FOR DESTRUCTION August 26, 2003 Listed on the attached sheets are records, which are in excess of two years old and can therefore be destroyed in accordance with the City's records retention schedule. Please review the list and contact me if you believe any of these files are of historical or administrative significance and should not be destroyed. If approved, a resolution authorizing destruction will be on the council agenda~, for Sept_emb~ 2, 2003. Ci~~/( Date IC :f;~~ ~D~ee~~'~ NO OBJECTION TO DESTRUCTION: ~-l'~Dir. of Public '~rks[ k~) Date Dir. of Administrative Services ~ of Parks & Recreation Date Encls: City Manager files PrintedonRecycledPaper ~--'0~ No. (to be used File Name, Project name for microfiche or Developer card #) RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimherly Smith or Grace Johnson Page: _ of - File Name: August 25, 2003 Resolution which authorized destruction: File Number, Resolution, [ Subject, Application, Address or Location Ordinance, ApplicationI Permit (if any) Number Date ranges Enter (or most M = to be microfilmed recent date)D = to be destroyed REQUIRED Vallco Park Traffic 26.2 Copy of agreement 1974 D Reduction Study for engineering (Contract of original services study) Seven Springs Ranch 20.9 Copy of Certificate 1983 D of Completion for reorganization No. De Anza Blvd. 7.6 Staff report, 1976 D Assessment District engineers report, and improvement bond for Project No. 76-14 Environmental 10.2 Initial study for 21- 1983 D Review Committee EA-83, Application No. 2-GPA-83 Sobrato-Berg 424 Staff report 1978- D Properties regarding various 1984 applications Specifications for 1965 D Cupertino City Hall Los Altos Garbage Copy of agreement 1959- D Company between Los Gatos 1962 and Los Gatos Scavenger Company Page RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Depafanent: City Clerk Contact: Kimberly Smith or Grace Johnson Page: __ of__ - File Name: August 25, 2003 Resolution which authorized desla-uction: No. (to be used I File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter for microfiche[ or Developer Ordinance, Application Permit (if any) (or most M = to be microfilmed card #) Number recent date) D = to be destroyed REQUIRED Book titled, 1983 D "Results of interconnecting traffic signals along arterials in a small community" Supplement to 1966 D Master Plan of 1961 Cupertino Water System City of Cupertino 1966 D Water Department Financial Report City of Cupertino 1964 D Water Department report on examination of accounts City of Cupertino 1961 D Storm drainage general plan Page No. (to be used for microfiche card #) File Name, Project name or Developer RECORDS INVENTORY FOR MICROFILIvIING OR DESTRUCTION Depamnent: City Clerk Contact: Kimberly Smith or Grace Johnson Page: __ of - File Name: August 25, 2003 Resolution which authorized destruction: File Number, Resolution, Subject, Application, Address or Location Ordinance, Application Permit (if any) Number Date ranges Enter (or most M = to be microfilmed recent date)D = to be destroyed REQUIRED Vallco Park 26.1 Plat of proposed re- 1973 D design of Vallco Fashion Park, schedule of projected revenues form the smaller center, letter to the mayor and councilmen, list of modifications of former Super Regional Shopping Center to reduce scale and impact from Walter P. Ward, General Manager; traffic impact study; Land Use Element of an EIR; Seismic Safety 20.5 Correspondence and 1977 D Element preliminary copy of the geotechnical background report for the seismic safety element of the City of Cupertino Page No. (to be used for microfiche card #) File Name, Project name or Developer RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimberly Smith or Grace Johnson Page: of - File Name: August 25, 2003 Resolution which authorized destruction: File Number, Resolution, Ordinance, Application Number Subject, Application, [ Address or Location Permit I (if any) Date ranges (or most recent date) M = to be microfilmed Enter D=tobe des~oyed REQUIRED Glenoaks Park Villas Letter from City 1976 D Association Manager regarding sound-off and photographs Hillside Study 20.2 Hillside General 1976 D Plan/Environmental Impact Report and correspondence from Planning Director to CC Analysis of Water 1962 D Department Report on operations and financial condition Memorial Park 19.9 Preliminary cost 1972 D estimate, correspondence Wilson Park Site 23.7 Maps, 1965- D (Paganini or Price) correspondence, 1967 copies of resos. 1182, 1181,1180, copy of agreement for sale of real property Page RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimberly Smith or Grace Johnson Page:. of - File Name: August 25, 2003 Resolution which authorized destruction: No. (to be used for microfiche card #) File Name, Project name or Developer File Number, Resolution, Ordinance, Application Number Subject, Application, Address or Location Permit (if any) Date ranges (or most recent date) M - to be microfilmed D = to be destroyed General Plan 2700.1 Economic study of 1984 D the feasibility of a 100 percent residential development of the Mariani Cupertino property Annexations - 15,000.4 Petitions for and 1956 D Stelling 1-C against annexation Streets and Highways 15,110.3 Barricade of Old 1961 D Old Steven's Creek Road - maps and aerial photos City Hall Space Memos and map 1971 D Requirements (as submitted by Dept. Heads) Annexations - Quito 15,000.3 Description and ? D 2-C map only Annexations - Quito 15,000.2 Correspondence, 1956 D 1-C Proposed petition, and posting affidavits Annexations - Bubb 15,000.1 Map and ? D -1 description only Page No. (to be used for microfiche card #) File Name, Project name or Developer RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimberly Smith or Grace Johnson Page: of - File Name: August 25, 2003 Resolution which authorized destruction: File Number, Resolution; Ordinance, Application Number Subject, Application, Address or Location Permit (if any) Date ranges (or most recent date) M -- to be microfilmed Enter D -- to be destroyed REQUIRE1) Crossroads 307 Request for 1973- D Assessment District cancellation of 1978 taxes and copy of reso. 3101-65, map & description Signals Miller, 15,100.2 Bids 1961 D Blaney, & Stevens Creek Streets & Highways - 15,110.1 Map 1960 D Freeway map (Junipero Serra) Cross section at Highway 9 Signals - Homestead 15,100.1 Map and 1962 D & Stelling Rd. description of work Basement remodeling 7.6 Correspondence and D E.O.C. map of City Hall construction Hillcrest Road 7.19 Correspondence 1975 D regarding street improvement Page cu e nno City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 77%3223 FAX: (408) 777-3366 www.cupertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. -~ Meeting Date: September 15, 2003 SUBJECT AND ISSUE Accept resignation of Fine Arts Commissioner Rita Young and arrange to fill the unscheduled vacancy in January. BACKGROUND Commissioner Rita Young was serving her second term on the Fine Arts Commission, which expires on January 15, 2006. She resigned as of September 1, 2003, and the letter of resignation is attached. Staff recommends that the unscheduled vacancy be filled in January, for which a large outreach effort will begin in late October. City Council will also interview applicants in Janua~ for the Bicycle Pedestrian Advisory Commission, Cupertino Audit Committee, Cupertino Housing Commission, Parks and Recreation Commission, Public Safety Commission, and Telecommunications Commission STAFF RECOMMENDATION Staff recommends the following: 1. Accept the resignation of Commissioner Rita Young; and 2. Direct staff to fill this vacancy in January 2004. Submitted by: Approved for Submission: David W. Knapp, City Manager Rita Young 22632 Atcatde Road Cupertino, CA 95014 September 1, 2003 Mayor Michaet Chang ~t Members of City Councit Cupertino City Ha[[ 10300 Torre Avenue Cupertino, CA 95014-3232 Dear Councit, I am writing, regretfutty, to resign from the Fine Arts Commission. Due to business reasons and some hardship w~th devetoping our property in Cupertino, my ramify is moving to Fremorlt, Catifornia. With contacts and interests here and a thriving business in Saratoga, I expect to continue enjoying the wonderfut things about Cupertino that have become so fam~har, as weft as to support the new City Center and enjoy our first major piece of pubEc art. I have truty enjoyed serving 2 ~ terms on the Fine Arts Commission. Upon tearing, I'd like to give a finat ~ptug' for pubtic art in Cupertino. As a business owner of a visuat art concern, having re~u[ar contact w~th votumes of parents throughout Siticon Vatiey, I can tett yEu this city is comprised of an enormous population of art minded cuttures of peopte that Ntt feet greaJ;ty served by seeing more public art in the City. Public art is a constant ~visua(' reminder that the city promotes art and cutture and what nicer way is there to say we care about where we Eve. ' Sincerety, cc: Kimber[y Smith RESOLUTION NO. 03-168 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DESIGNATING SEPTEMBER 28 OF EACH YEAR AS CONFUCIUS DAY, AND ON THAT DAY THE CITY SHALL RECOGNIZE AND HONOR TEACHERS FOR THEIR DEDICATION AND HARD WORK WHEREAS, Confucius was a great sage, a great educator, and one of the most influential and respected philosophers in world history; and WHEREAS, Confucian ideals have been a cornerstone for the development of culture, society, government, and education in many countries throughout history and the world; and WHEREAS, the fundamental belief of Confucian ideology is "humanity," a belief that people posses qualities, such as morality and benevolence, which distinguish them fi.om animals; and WHEREAS, Confucian philosophy advocates filial piety, loyalty, and reciprocity, which are qualities that are universally honored; and WHEREAS, Confucius, as a teacher, believed people have integrity and dignity and are equal and educable; and WHEREAS, Confucian teaching holds that there is abundant potential in each student, that there are no class distinctions, and that by nature all people are one and the same; and WHEREAS, Confucian doctrine tells us that the interaction between teacher and student is one of the most important relationships, promoting mutual trust, honor, and respect; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino, declares that September 28 of each year shall be designated as Confucius Day, and on that day the city shall recognize and honor teachers for their dedication and hard work. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPEP TINO 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 Agenda Item Number STAFF REPORT Agenda Date: September 15, 2003 SUBJECT AND ISSUE Acknowledge a fee waiver expenditure in the amount of $10,294.00 for the Moon Festival of Silicon Valley's event that was held August 30 and 31, 2003, at Memorial Park. BACKGROUND The Moon Festival of Silicon Valley is a nonprofit organization that scheduled its annual festival for Saturday and Sunday, August 30 and 31. The event was held at Memorial Park. The breakdown of costs is: 1) 2) 3) 4) 5) 6) 7) Cupertino Room $2,080.00 Social Room 900.00 Conference Room 650.00 Amphitheater 440.00 Public Works Staff 3,300.00 Parks & Recreation Staff 758.00 Santa Clara County Sheriffs 2,166.00 FESTIVAL TOTAL $10,294.00 STAFF RECOMMENDATION: No Council action is necessary. Funds for this purpose were included within the 2003-04 budget. Council will receive reports on the cost of special events throughout the year. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: ~herese Ambrosi Smiti~, Director Parks and Recreation Dav~dr~W. ~a/p City Manager CiW Hall 10300 Tone Avenue Cupertino, CA 95014-3955 Telephone: (408)777-3210 FAX: (408) 777-3366 Websit¢: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number Agenda Date: September 15, 2003 SUBJECT AND ISSUE Acknowledge a fee waiver expenditure from the Iranian Federated Women's Club and Payvand Cultural School related to its Seventh Annual Iranian Arts and Cultural event scheduled at the Quinlan Community Center on Sunday, September 28, 2003, in the amount of $4,116.50.50. BACKGROUND This art and cultural event will include a variety of commnnity activities such as dance, music, and food. Associated costs for this event are: Quinlan Center $4,116.50 STAFF RECOMMENDATION No Council action is necessary. Funds for this purpose were included within the 2003-04 budget. Council will receive reports on the cost of special events throughout the year. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Ambrosi Smith, Director Parks and Recreation Department David W. Knapp, City Manager Printed on Recycled Paper RESOLUTION NO. 03-169 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JO S. MAJOR AND DIANN M. MAJOR, HUSBAND AND WIFE, AS JOINT TENANTS, 10260 STONYDALE DRIVE, APN 326-37-027 WHEREAS, Jo S. Major and Diann M. Major, husband and wife, as Joint Tenants, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino / QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-37-027 10260 Stonydale Drive Jo S. Maior and Diann M. Maior~ husband and wife, as Joint Tenants, hereinafter referred to as the "GRANTOR", this vQ_(J dayof J~'At~,~t,, ,X'~ ,2003, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of Lot 19 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 25th day of April 1960 in Book 119 of Maps at Parle 32, to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorize GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lots to take from said underground basin within the said lots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is made for the benefit of Lot 19 within the above described subdivision and shall bind the owner of said lot within said subdivision. 1N WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: Jo S. Major Diann M. Major (Acknowledgment and Notarial Seal Attached) ~ ~ ~nto CI~ Coun~ ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Countyof On ~ ~ ~ Date Name and ~tle of Offi~r (e.g., "Jane Dee, Notaw Public") personally appeared Name(s) of Signer(s) ~ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Padner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here 1994 National No,ar7 Associaaon · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park. CA 91309-7184 Prod. No. 5907 RESOLUTION NO. 03-170 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM ROGER LOW AND JING-LING LOW, HUSBAND AND WIFE, AS JOiNT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AND SHERMAN TUAN AND YUN ZHENG, HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED 1/3 iNTEREST, AND SHENG HWA HO AND WEI-TAI-FEN HO, HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AS TENANTS IN COMMON, 22291 JANICE AVENUE, APN 357-01-017, -018 WHEREAS, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-01,017 & 357-01-018 22291 Janice Avenue Roger Low and Jing-Ling Low, husband and wife~ as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng~ husband and wife~ as Joint Tenants to an undivided 1/3 interest~ and Sheng Hwa Ho and Wei-Tai-Fen Hot husband and wife~ as Joint Tenants to an undivided 1/3 interest, as tenants in common, hereinafter referred to as the "GRANTOR", this 25th day of July ,2003, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTiNO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of Califomia, and specifically described as follows: SEE ATTACHED EXHIBITS "A" AND "B" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the said lots to take from said underground basin within the said lots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such wa~er to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. //D-oq This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. ~ Yun Zheng /J-~ S~eng H~.a Ho .~ OWNERS: f Jing-~n~ Low'F-~ (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS TO THE CITY OF CUPERTINO, CALIFORNIA Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lots 58 and 66 and the westerly 80 feet of Lots 57 and 67 of "Map of Inspiration Point, Monta Vista", which map was filed on April 17, 1917 in Book (Volume) "P" of Maps at page 18, Santa Clara County Records. Refer to Exhibit "B", PLAT, description. Date: April 23, 2003 APN: 357-01-17 & -18 City file No. 52,355 Address: 22,291Janice Ave., which is made a part of this Cupertino 0 ~ EXHIBIT "L~" PLAT ~F d)U/-/'CLA I/~ DEED Ts TH~ C/T~ OF CuPE~/~o, Jib- ~- STATE OF California COUNTY OF Santa Clara On July 17, 2003 before me, Joan Lamborn, Notary Public (Name, Title of Officer) personally appeared Yurt Zhen.q and Sherman Tuan and Danny Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (S~r~ Public) E /'~ ~ ~'~a Commission # 13 ~ ~¢ ~u,/ ~ubl~c - California ~ ~_ ~ lara County (This area for notarial seal) STATE OF California COUNTY OF Santa Clara On July 25, 2003 before me, L. Fredericks (Name, Title of Officer) personally appeared Roger Low and Jinfl-Linq Low personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. WlTN~my hand and, official seal. (Signature of Notary Public) (This area for notarial seal) EXHIBIT "A" DESCRIPTION OF A PORTION JANI CE AVENUE OF Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being the southerly 10 feet of Lot 66 and the southerly 10 feet of the westerly 80 feet of Lot 67 as shown upon "Map of Inspiration Point, Monta Vista", which map was filed on April 17, 1917 in Book (Volume) "P" of Maps at page 18, Santa Clara County Records, being more particularly described as follows: Beginning at the southwesterly corner of said Lot 66 on the northerly line of Janice Avenue; Thence along said northerly line N89°51'47"E 180.12 feet to the easterly line of said westerly 80 of Lot 67; Thence along said easterly line, N0°16'17"E 10.00 feet; Thence along a line parallel with the centerline of Janice Avenue and distant therefrom 30.00 feet, right angle measure, S89o51'47"W 180.12 feet to the westerly line of said Lot 66; Thence along said last-named line S 0°16'40"W 10.00 feet to the point of beginning. Containing 0.0413 of an acre, more or less. Refer to Exhibit "B", PLAT, which is hereby made a part of this description. Date: April 23, 2003 APN: 357-01-17 & -18 City File No: 52355 Address: 22,291Janice Ave. Cupertino STATE OF California COUNTY OF Santa Clara On July 17, 2003 before me, Joan Lamborn, Notary Public (Name, Title of Officer) personally appeared Yun Zhenq and Sherman Tuan and Danny Lee personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person{s} acted, executed the instrument. WITN~ (StOic) Commission # 1383505 Notary Public - California My C~. E~ires Nov 13, ~ (This area for notarial seal) AVE - £XF//Z I T ,0£01£,4 TI,Od UTILITI~5 CITY' OF OaPe: /?~ZL AP,'./.' 357-01- cz-n( F--/L~_: ,_fi CdL E '. ADoS. E55: STATE OF California COUNTY OF Santa Clara On July 25, 2003 before me,. L. Fredericks (Name, Title of Officer) personally appeared Roger Low and Jinq-Lin.q Low personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. (~gnl]ture of Notary Public) L FREDERICKS COMM. # 1284524 (This area for notarial seal) DRAFT RESOLUTION NO. 03-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM YUVAL SCARLAT, 11477 LINDY PLACE, APN 326-50-034 WHEREAS, Yuval Scarlat has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for public utility purposes over the property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 11477 Lindy Place, APN 326-50-034. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said Grant of Easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15'h day of September, 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino GRANT OF EASEMENT FOR PUBLIC SERVICES APN: 356-24-004 11477 Lindy Place Yuval Scarlat~ hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and use PUBLIC SERVICE EASEMENT as Grantee shall from time to time elect within the hereinafter described property of certain premises which are situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: (See Exhibit A & B) Grantor hereby further grants to Grantee the right and privilege to enter upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing or maintaining said PUBLIC SERVICE EASEMENT for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said EASEMENT and any repair thereof. The foregoing is subject to the following express conditions: The Grantee agrees to restore the ground surface and any improvements thereon to its original grade or condition insofar as it is practicable and reasonable to do so. 1N_,WITNESS WHEREOF, said parties have executed this Grant of Easement this day of ,~72 ~ · 20 (Notary acknowledgment to be attached) ALL-PURPOSE ACKNOWLEDGEMENT State of California } County of ~,~,,q,d/~.~t7 ~_ZjT,,~,Az ss. On /~Aa/ ~L~2~.~'~/~3 before me, ,~.~C ,q ~ personally appear'ed '> (//-///'~q~' c~A~'/~ 7''' ~jr~"v' /(~n ~personally known to me -OR- [~ proved~d~t me on e-q~bas Comm, # 1261551 NOTARY PURLIC-CALIFORNIA UJ of satisfactory whose name(s) evidence to be the person( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) [~NDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S ) OR ENTITY(lES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLE¥SIERRA. 800-362 3369 -D Job No. 2000567 Legal Description - 10' P.S.E. A Public Service Easement (P.S.E.) easement 10.00 feet in width situate in the CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIYORNIA, lying within Parcel 2 as shown on that certain parcel map recorded April 28, 1971 in Book 282 of Maps at Page 25, Santa Clara County Records and a portion of Section 26, Township 7S, Range 2W, M.D.B. & M., more particularly described as follows: Beg/nning at the Southeast comer of said Parcel 2; thence along the Southerly line of Parcel 2 North 89° 23' 19" West, 94.84 feet; thence along the Westerly line of Parcel 4 as shown on PM 4664, which map was recorded in Book 423 of Maps at Pages 15 and 16, Santa Clara County Records, South 0° 36' 41" East, 22.68 feet to a comer of Lot 3 of the last said Parcel Map; thence along the Northerly line of said Lot 3, North 72° 00' 31" West, 10.48 feet; thence parallel with and distant 10.00 feet at right angles form the aforesaid Westerly line of Parcel 4, North 0° 36' 41" East, 29.55 feet; thence parallel with and distant 10.0 feet at right angles form the aforesaid Southerly line of Parcel 2, South 89° 23' 19" East, 100.10 feet to a point on the Easterly line of Parcel 2; thence along said Easterly line South 24° 45' 22" East, 11.07 feet to the point of Begirming. P.o.s. PARCEL 4 / PARCEL 1 423 P.M. 16 .* ~ PARCEL MAP 4664 · "~.,.,~. .~*~.f ~e>_ 423 P.M. 16 ,% PARCEL 2 282 P.M* 25 0.70 Ac .s APN: 356-24-004 DL---16.25'R--'~ 85. OD' =05'01 '56' N76'I3'OO'E LINDY PIACE LEA & SUNG ENGINEERING, INC. L,=22.99' R=~ ~5. oo, / D=07 07'~ PUBLIC SERVICE EASEMENT PLAT 11477 I21YDY PLACE CUPER'rlNo, CJ T .TI~O[~N-IA JOB NO 2000567 scale 1"= 30' N: %j~rojects \ 99_JOBS ~ 99 309 ~ dwg ~ 99309ESM T, dwg Resolution No.03-173 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: LOCATION: Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common 22291 Janice Avenue APNs 357-01-017, -018 A. Faithful Performance Bond: NINETY-FIVE THOUSAND AND 00/100 DOLLARS $ 95,000.00 B. Labor and Material Bond: NINETY-FIVE THOUSAND AND 00/100 DOLLARS $ 95,000.00 C. Checking and Inspection Fees: $ 4,290.00 FOUR THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: ONE THOUSAND TWELVE AND 80/100 DOLLARS $ 1,012.80 F. One Year Power Cost: SEVENTY-FIVE AND 00/100 DOLLARS $ 75.00 G. Street Trees: By Developer H. Map Checking Fee: N/A I. Park Fee: THIRTY-ONE THOUSAND AND 00/100 DOLLARS $ 31,000.00 J. Water Main Reimbursement: N/A Maps and/or Improvement Plans: As specified in Item #21 of agreement RESOLUTION NO. 03-174 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO ACCEPTING DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES, FROM ARNOLFO N. NITE AND REBECCA P. NITE, 12584 MADRID ROAD, APN 356-08-046 WHEREAS, Arnolfo N. Nite and Rebecca P. Nite have executed a dedication which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of approximately 0.002 acres, mom or less, located at 12584 Madrid Road. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED that City Clerk is hereby authorized to record said dedication and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A DEDICATION FROM NITE TO THE CITY OF CUPERTINO All of that raal property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at a point in the center line of Madrid Road, said point also being in the center of a CuFDe-Sac of said road, as shown upon that certain Parcel Map recorded in Book 510 of Maps at Page 2, Santa Clara County Records; thence leaving said center line and procccding S33°04'19"W 37.00 feet to a point on the Westerly boundary of Madrid Road as shown on said map and the TRUE POINT OF BEGINNING of this description; thence continuing along said Westedy boundary N00°05'06"E 15.25 feet; thence leaving said Westerly line of Maddd Road and proceeding S64°13'06"W 11.59 feet; thence counter- clockwise along a non-tangent curve with a radial beadng of N64°13'06"E, a radius of 37.00 feet, an included angle of 22°44'02", and an arc length of 14.68 feet to a point on the Westerly boundary line of aforementioned Maddd Road and the TRUE POINT OF BEGINNING. Containing 86.6 sq. ft. (0.002 Acras) more or less and being a portion of Lots 55 and 64, as shown upon that certain Map entitled, "Map of Colony Tract Monta Vista,' recorded in Book "P" of Maps, Page 21, Santa Clara County Records. J.'tJOBSWite~::X-A_DEDIC-2. doc 9-18-02 EXHIBIT A DEDICATION FROM NIT£ TO CITY OF SCALE: 1"=,30' i-.g I g DEDICATED TO THE . CITY OF CUPERTINO ~ (0.002± ACRES)~ ,\¢~ -R---~.oo: '"'-~F~. L=14.68"-' ~l kTPOi~ A=22'44'02" .~ LANDS OF :'~""¢*'~ /NITE\ J'~'--40.28' N89'58'44"E . ,o~''~" LEGEND: OF CUPERTINO BOUNDARY OF PROPOSED DEDICATION "EXHIBIT A" PROPOSED STREET DEDICATION 21926 DOLORES AVENUE CUPERTINO, CALIFORNIA JULY, 2003 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follow: All the property line adjustments are contained in Lot 155 as sbown upon the Map of Subdivision" A" Monte Vista, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 1 l th, 1917 in Book "P" of Maps, Page 20, and more particularly described as follow: Beginning at the point of the Northeast corner of Lot 155 as shown on said subdivision; Thence from said point of beginning West 70.15 ft along the Northerly boundary of said Lot 155. Thence along a tangent curve to the left having a radius of 20 feet, with a central angle of 90° 00' 00", for an arc length 31.42 feet to a point on the Westerly boundary of Lot 155, also Easterly sideline of Byrne Avenue ( 50 feet wide ). Thence along the Westerly boundary of Lot 155 North 5.00 feet. Thence along a tangent curve to the right having a radius of 20 feet, with a central angle of 90 ° 00' 00", for an arc length 31.42 feet to a point on the Southerly sideline of'Dolores Avenue ( 50 feet wide). Thence East 70.15 feet along the SoS~herly sideline of Dolores Avenue to a point of the prolong Easterly boundary of said Lot 155. Thence South 5.00 feet along the prolong Easterly boundary of Lot 155 to the Point of Beginning. Containing A. P. N. 450.75 square feet, more or less 0.22 acres, more or less 357-14-015 '30 ~ A ~N .~7-14-015 F--.4~'F ' J~ -~S/--~E P'=,4.0t N ALCAZAR AVE DOLORES AVE Mc CLELLAN RD. VICINITY MAP NO TO SCALE L_E6END ~ENTER LIWE OF: P~O?E~TY LI~E EXHII~IT /~ RESOLUTION NO. 03-176 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. # 2335, LOCATED ON IMPERIAL AVENUE AND LOMITA; DEVELOPER, GB ESTATE HOMES; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS, APN 359-22-067 WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 2335, located at 10690 South Stelling Road, showing certain avenues, drives, places, and roads by GB Estate Homes; and NOW, THEREFORE, BE IT RESOLVED THAT Said final map and improvement plans of Tract No. 2335, be and the same are hereby approved. The offer of dedication for roadway and for easements is hereby accepted. The City Engineer and the City Clerk are hereby authorized to sign said final map. The City Engineer is hereby authorized to sign the improvement plans. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15~ day of September, 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino AGENDA ITEM City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA DATE September 15, 2003 SUBJECT AND ISSUE Authorize the City Manager to execute a second Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. BACKGROUND On February 18, 2003 City Council authorized the City Manager to execute an Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. This agreement expired on May 31, 2003 with a provision to renew the agreement for an additional period of four months with the mutual agreement of the parties. On June 16, 2003 City Council authorized the City Manager to execute a Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI). This agreement will expire on September 30, 2003. The City would like to renew the agreement for an additional four months with an expiration date of January 3, 2004. During this time the City will continue to negotiate with RNI to take over the former Metricom system in our jurisdictions for their use. At the end of this time, the City will either have negotiated a satisfactory long-term agreement with RNI, or Public Works will disconnect and remove the equipment. FISCAL IMPACT Successful negotiation and execution of a second Renewal to the Interim Agreement with RNI will allow the City to defray any power consumption costs that may accrue for pole top radio repeater equipment still connected as of February 1, 2003. STAFF RECOMMENDATION Adopt a resolution to authorize the City Manager to execute a second Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. Su 'ttedby: ~:l}~Ral~ A. Qualls, Jr. Director of Public Works Approved for Submission: Dav~d W. Knapp City Manager CUPE INO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. { q Agenda Date: September 2, 2003 Application Summary: Review the Planning Commission Minute Order related to the R1 Ordinance. RECOMMENDATION: The Planning Commission recommends that the City Council: · Schedule a public hearing for the purpose of enacting the technical changes recommended by the Planning Commission on February 10, 2003; · Refer issues of process back to the Commission for further review; · Authorize the Commission to study the regulation that limits the size of the second story, the need for story poles, privacy mitigation measures for one-story development and expanded notification. · Specify sections of the R1 Ordinance the City Council does not wish the Commission to consider for modification. BACKGROUND: On September 8, 2003, the Planning Commission approved a minute order to the City Council (attached). This report summarizes the basis for and the elements of the Commission's request. On February 10, 2003, the Planning Commission recommended approval of technical and process changes to the R1 Ordinance and related ordinances. Staff prepared the technical changes to address specific issues identified during the review of single-family homes over the past few years. During consideration of the R1 Ordinance amendment, the Commission recommended additional process changes to make the process more equitable and improve neighborhood input. The City Council reviewed the Commission's recommendation on March 3, 2003. The Council requested that public outreach be undertaken and that the technical changes and process changes be presented as two separate ordinances. Printed on Recycled Paper 2 September 15, 2003 The public outreach began in April 2003 when members of the public met with Mayor Chang, two Planning Commissioners and staff to discuss RI issues. Staff had a follow-up meeting with the Mayor on May 20. At this meeting, it was suggested that the design guidelines be revised to address the concerns raised in the April 24 meeting. The draft guidelines are now prepared, and staff will restart the public outreach within the coming weeks. Mann Drive Case On July 7, 2003, the City Council approved an appeal for a new two-story residence with a 45% floor area ratio. Compared to past precedent, this project did not conform to the design guidelines. This marked a change in the City position on design review. During the one- year review of the 1999 R1 Ordinance amendment, the City Council approved of the marmer in which the Single Family Residential Design Guidelines were applied by the Residential Design Review Committee and staff. The Council also enacted ordinance language that required all two-story development to conform to the design guidelines. DISCUSSION: Planning Commission Request Technical Changes The Commission requests that the City Council allow the technical changes recommended by the Commission on February 10, 2003 to be enacted separate from the proposed process change since many of these minor changes will clarify ordinance language. Staff concurs with the Commission's request. Process Changes The Commission would like to discuss the recommended process changes to the R1 Ordinance in light of the Mann Drive decision in July of 2003. Staff believes such discussion is appropriate. The Commission may change its recommendation from February 10, 2003 based on more recent cases. It is also possible that the Commission may recommend a process to the Council that would eliminate the need for design guidelines. Given those possibilities, staff finds it counterproductive to begin a public outreach period for the Commission's earlier recommendation and a draft version of revised guidelines. If the Council endorses the Commission's request, staff suggests that the planned public outreach be modified into a notification process for the Commission's meetings where discussion can be conducted in a more open forum. 3 September 15, 2003 Story Poles The Commission wishes to discuss whether story poles are necessary for two- story design review. Staff supports this review and considers this to be part of the overall process discussion. Additional Notification The Commission wishes to discuss improved notification techniques for new development in neighborhoods. One of the benefits of story poles is that it serves as a notification device. Improved notification using other means could reduce the usefulness of story poles. Staff supports this discussion. Landscaping Screening for One-Story Development The Commission wishes to explore the concept of requiring landscape screening or latticework on fences for new one-story development. This issue was raised as a result of the presentation of new one-story homes at the maximum height in neighborhoods with shorter homes. Staff is somewhat concerned with the implementation and tracking of such regulations, but believes the discussion could be worthwhile. Second Story Area All but one of the issues that the Commission wish to discuss relate to the process of reviewing two-story projects, not to the prescriptive regulations. The one regulation that the Commission wishes to discuss is the limitation on the size of the second story. Staff believes the second story area limitation is an effective regulation in limiting the mass and bulk of two-story development. For that reason, staff recommends that modifications to this regulation be minor. Define the Scope of the Review The Commission requests Council direction on the scope of their discussion. The Council may choose to allow the Commission to study all aspects of the Ordinance they feel is necessary, or limit the discussion to issues of the review process. The more that the Commission discusses, the greater impact the review will have on staff resources. Staff Recommendation Staff recommends that the City Council endorse the Commission's request. Based on individual public input for design review cases over the past four years, or lack thereof, staff believes that the residents of Cupertino are generally satisfied with the results of the prescriptive regulations in the ordinance. Residents that attend Design Review Committee meetings tend to focus on issues of privacy protection or simply have questions. Staff recalls very few occasions where a neighbor has been concerned with the design of the house and how it fits in with the neighborhood pattern. This may be an indicator that the guidelines are not necessary. 4 September 15, 2003 Based on recent cases, it may be possible to streamline the process so that it is less costly and time consuming for applicants, has better notification of neighbors and requires less staff time while addressing the concern that the Council has about neighbor impact. Staff encourages the Council to allow the Commission to study these concepts further and to refer the public outreach component to the Planning Commission process. Enclosures: Planning Commission Resolution No. 6205 (Minute Order) Prepared by: Peter Gilli, Senior Planner Stev~e Piasecki Director, Community Development Approved by: Carol Atwood City Manager (Acting) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6205 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL REFER DISCUSSION ABOUT AN AMENDMENT TO THE R1 ORDINANCE BACK TO THE PLANNING COMMISSION. WHEREAS, the City Council enacted an amendment to the RI Ordinance on April 19, 1999, which included a design review process for two-story development; WHEREAS, the City Council received a status report on the application of the design guidelines in the design review process on August 21, 2000; WHEREAS, the Planning Commission recommended the City Council approve a Municipal Code Amendment, file number MCA-2002-03, on February 10, 2003 to streamline the design review process; WHEREAS, the City Council reviewed and approved a request for a 45% FAR two- story residence, file number R-2003-03, on July 7, 2003, which was inconsistent with past direction from the City Council on August 21, 2000 and past approvals by the Design Review Committee regarding the application of design guidelines; WHEREAS, it may be possible to modify the RI Ordinance to obviate the need for design guidelines and streamline the process for applicants proposing two-story construction in the City; The Planning Commission of the City of Cupertino recommends that the City Council take the following actions: 1. Approve the technical changes of MCA-2002-03 as recommended by the Planning Commission on February 10, 2003, but refer discussion of the following issues to the Planning Commission for public review and recommendation: a. Reviewing the ratio of the first floor to second floor area; b. Reviewing the need for story poles; c. Reviewing the need for privacy mitigation from development; one-story CUPER TINO__ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Meeting Date: September 15, 2003 SUBJECT AND ISSUE Consider the second restated and amended Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA). BACKGROUND With the withdrawal of the City of Sunnyvale, the board membership and voting rights needed to be revisited and reallocated among the remaining six SVACA cities. This amendment designates two directors from the City of Santa Clara with two votes each and one director from each of the other member cities with one vote each. No director can vote by proxy and the alternate for each director must be another council member from that city. Technical Advisory Committee (TAC) members are to advise both the General Manager and the Board. As a result of the staff analysis performed in 2002, several areas in the current JPA agreement were unclear and did not provide protection to the member agencies in case of withdrawal of members. This amendment clarifies distribution of excess operating reserves and holds agencies to any long-term shelter obligations. On further review of the new agreement, a section adopted in April of this year (6.1) was dropped. This section requires that additional budget adjustments voted by the SVACA Board need to go back to the six member agencies for approval. In addition, section 2.7 was amended to state that the Board, by a 2/3rds vote, could bind the other members to any budget amendment. The changes in these two sections give the Board authority to increase your budget by a 2/3rds vote. In the case of the shelter project alone, this would represent an increase in Cupertino's capital project budget by approximately $300,000. This change was done to make it easier for administration of the JPA and was not discussed at the TAC meeting or the open session of the Board. RECOMMENDATION Staff recommends that the Council not approve the amendment to the JPA agreement. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager Printedon Recyc/od Paper O~ ) ~ l CUPER TINO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Meeting Date: September 15, 2003 SUBJECT AND ISSUE Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff to immediately pursue other options for animal services as of July 1, 2004. BACKGROUND The city of Cupertino was one of seven cities that formed the Silicon Valley Animal Control Authority (SVACA) to provide animal services in the areas of field, shelter and licensing. SVACA currently provides field and licensing services and contracts with the Humane Society for shelter services. The JPA plans on building its own shelter within the next two years to provide all services. In September of 2002, the cities of Cupertino, Sunnyvale and Los Gatos performed an analysis of SVACA's projected shelter costs of operation in comparison to other animal shelters in the area. The result of this analysis was that the projected cost per animal was 94% ($262 vs $135 per animal) above market costs. This was due, in part, to the extended shelter hours and services to be offered at the new facility. In December of the same year, city management met with SVACA and asked for alternatives given the recession and our current budget situations. The SVACA Board promised those alternatives no later than September 30, 2003. In addition, an amendment was added to the JPA Agreement that no budget adjustments could be made for shelter services without approval at the City Council level from all seven agencies. In June of 2003, the city of Sunnyvale withdrew from SVACA, thus increasing existing member costs. At it's meeting of September 22, the Board will not present alternatives (costs to build, costs to lease, etc.) but will be asked to vote on the purchase of a piece of property for the new shelter. If Cupertino remains in SVACA, we will be committing to approximately $975,000 for a shelter versus our contribution of $662,000 as of October 2002. In addition, we will be a minority vote on the Board. No revisions have been presented at this time to the shelter operating costs discussed above. RECOMMENDATION Staff recommends that the Council withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff to immediately pursue other options for animal services as of July 1, 2004. Submitted by: Approved for submission: Carol A. Atwood Director of Administrative Services David W. Knapp City Manager Printod on Rocyclod Papor CUPEI TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ~ Meeting Date: September 15, 2003 SUBJECT AND ISSUE Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff to immediately pursue other options for animal services as of July 1, 2004. BACKGROUND The city of Cupertino was one of seven cities that formed the Silicon Valley Animal Control Authority (SVACA) to provide animal services in the areas of field, shelter and licensing. SVACA currently provides field and licensing services and contracts with the Humane Society for shelter services. The JPA plans on building its own shelter within the next two years to provide all services. In September of 2002, the cities of Cupertino, Sunnyvale and Los Gatos performed an analysis of SVACA's projected shelter costs of operation in comparison to other animal shelters in the ama. The result of this analysis was that the projected cost per animal was 262% above market costs. This was due, in part, to the extended shelter hours and services to be offered at the new facility. In December of the same year, city management met with SVACA and asked for alternatives given the recession and our current budget situations. The SVACA Board promised those alternatives no later than September 30, 2003. In addition, an amendment was added to the JPA Agreement that no budget adjustments could be made for shelter services without approval at the City Council level from all seven agencies. In June of 2003, the city of Sunnyvale withdrew from SVACA, thus increasing existing member costs. At it's meeting of September 22, the Board will not present alternatives (costs to build, costs to lease, etc.) but will be asked to vote on the pumhase of a piece of property for the new shelter. If Cupertino remains in SVACA, we will be committing to approximately $975,000 for a shelter versus our contribution of $662,000 as of October 2002. In addition, we will be a minority vote on the Board. No revisions have been presented at this time to the shelter operating costs discussed above. RECOMMENDATION Staff recommends that the Council withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff to immediately pursue other options for animal services as of July 1, 2004. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager Printed on Recycled Paper -I City Hall 103 O0 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM &'~ AGENDA DATE September 15, 2003 SUBJECT AND ISSUE Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing pathway along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for future use as a public trail, authorize the Commission to receive public input on the future use of the pathway as a public trail, and request that Staff pursue available grants to provide funding for trail improvement planning. The Commission should begin its receiving of public input on a portion of the trail that runs westward from Campo de Lozano to Rodrigues Avenue. BACKGROUND The Cupertino General Plan anticipated a possible trail linkage aiong Regnart Creek, behind the Civic Center (see attached Figure 5-F. "Trail Linkages" from page 5-23 of the Environmental Resources Element of the Cupertino General Plan). In keeping with the City General Plan goal of pursuing opportunities for developing a comprehensive system of trails, as well as its own stated goal of exploring such opportunities along Regnart Creek, the Cupertino Bicycle Pedestrian Commission selected two of its members to undertake a reconnaissance of Regnart Creek in Cupertino. That reconnaissance was recounted in a report to the Commission that describes the nature of various segments of the creek and surmises the potential for instituting streamside trails along the creek. As it meanders through Cupertino, the creek takes on many different guises, with the opportunities for trails along its diverse segments ranging from promising to nil. Some segments of the creek are enclosed in culverts, offering no possibility of streamside trails. Other segments of the creek are open channels with existing pathways that might feasibly be converted to public trails. The segment of Regnart Creek between Blaney Avenue and Pacifica Drive appears to be in the latter category. (See the attached diagram.) A small portion of trail has been installed behind the Campo de Lozano development recently constructed on Rodrigues Avenue. In consideration of the above, at its regular June 18, 2003, meeting, the Bicycle Pedestrian Commission approved forwarding to Council a recommendation that the existing pathway along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for future use as a public trail and that Staff pursue available grants to provide funding for trail improvement planning. Since there are presently no public funds available to design or build improvements to any -/ Printed on Recycted Paper segment ofa Regnart Creek trail, Public Works Staff advised the Commission that it is premature to hold hearings that could generate unnecessary concerns and expectations at a time when the City has no ability to respond to either. However, because of its desire to include the community from the outset, the Commission wishes to begin public outreach on the concept of a public trail along this segment of Regnart Creek by maintaining the subject as a continuing item on its regular meeting agenda. Community Development Staff believes it appropriate to immediately consider extending the trail segment behind the Campo de Lozano development out to Rodrigues Avenue. The trail behind the Campo de Lozano development is currently a "dead-end" trail, and the Campo de Lozano units are being sold and will soon be occupied. This potential trail segment will be self-contained, continuous, and require a relatively low level of improvement. Therefore, Community Development Staff believes it would be prudent to begin the study of this segment of Regnart Creek with that stretch. (See the attached diagram.) In order to support the Bicycle Pedestrian Commission proposal, Staff will explore the possibility of seeking funding for trail improvement planning from the Santa Clara Valley Water District Trails, Parks & Open Space Grant Program, whose aim is to provide public access to trails or open space along creeks in Santa Clara County. Even should we be successful, that resource will be relatively modest, as it only provides $900,000 annually over a 15-year program life to support the 70 miles of potential trails throughout Santa Clara County. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing pathway along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for future use as a public trail, authorize the Commission to receive public input on the future use of the pathway as a public trail, and request that Staff pursue available grants to provide funding for trail improvement planning. The Commission should begin its receiving of public input on a portion of the trail that runs westward from Campo de Lozano to Rodrigues Avenue. Submitted by: -- t:~l[.Ralph A. Quails, Jr. }~1 Director of Public Works Approved for submission to the City Council: Da-'~d W. Knapp City Manager Environmental Resources 5 - 23 Rancho San Antonio Park Figure 5-F. Trail Linkages. Possible Trail Unkage OpUonal Trail Linkage THE 4~UPERTINO GENERAL PLAN Reach - Blaney to Pacifica CUPER 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: September 15, 2003 Application: CP-2003-02, EA-2003-15 Applicant: City of Cupertino Property Owner: Various Property Location: Citywide -including properties between Stevens Creek Boulevard, Torre Avenue, Town Center Lane and De Anza Boulevard in the Heart of the City Specific Plan area including the Civic Center and Civic Park properties. Application Summary: City Center Pedestrian Plan to connect City Center, Civic Park and Civic Center areas. RECOMMENDATION Staff recommends that the City Council: 1. Review and approve the City Center Pedestrian Plan. DISCUSSION The City Council has expressed an interest in creating a plan to provide pedestrian connections to link City Center Park, the City Center area, Civic Park and the Civic Center area. The City Center Pedestrian Plan draws upon the guiding principles of the General Plan that include walkability and an enlivened streetscape to link connect destinations in the center of Cupertino and make them accessible to residents, workers and visitors to Cupertino. The Plan includes a variety of streetscape and individual design elements along frontages and interior paths of City Center, Civic Park and Civic Center. The Plan will be implemented through private development and future capital improvement programs leveraged with private project contributions. Project details will be reviewed along with development applications to ensure consistency with the Plan. Printed on Recycled Paper CITY CENTER PEDESTRIAN PLAN CI'FY OF CUPERTINO The Civic Center, City Center Park and Civic Park are primary developments in the center of Cupertino. With the building of the new Civic Center Library and Plaza, City Center Park, and the Civic Park and City Center projects, the city must consider connecting these destination points through pedestrian linkages that make them accessible to shoppers, residents, workers and visitors to the area. The City Center Pedestrian Plan will enhance civic pride and identity by providing a connection system to link these destination points through a variety of streetscape and individual design elements. 1 INTRODUCTION 2 THE PLAN 3 IMPLEMENTATION 3 5 7 INTRODUCTION 3 The Center Pedestrian Plan links the Civic C/fy Center, City Center and Civic Park projects through a variety of streetscape and design elements. The goal is to establish the area as an integral part of the community urban space and identity. The Plan consists of the following components: · Planting- specific flowers along the perimeter of properties to signal paths. · Paving-Sidewalks shall be paved with concrete pavers or inlaid with elements such as brass steps or other ornamental features. Existing sidewalks shall be retrofitted to include these features in a continuous format. · Banners- 8-foot tall by 30-inch wide replaceable banners to be installed on streetlight poles. Design(s) to be decided at a future date. · Streetlight~- 20-foot tall Holophane Memphis luminaire on Altlanta pole and arm with banner arms installed at z15 ft. on center (Black), The light standards are consistent with the Civic Park project in the Crossroads area, · LighUng- Street trees and trees in public open spaces shall have uplights and shall have provisions for seasonal lighting. · Bollard- Holophane - Salem non-lighted decorative cast aluminum bellard with ball top BOL/S 32/9/BT BK(Black). · Entry Features- such as metal arches or trellis elements to signal entry points into public spaces. TH E PLAN ~J, WAYPINOEP. S · 'i A ~ to direct [uedes~'~ns to · ctivity ceim~-ws 5 [,~nds~ph~ m ldent~y patl-.s to act~vit~ a.~us PEDESTRIAN CONNECTIONS FROM CITY CENTER TO CIVIC CENTER IMPLEMENTATION: 1. PROJBC]~ REQUIRING Ai-r~ICATION$ (CONDITIONS) ENCOURAGE EXISTING DEVIanT TO PROVIDE IMPROVEMENTS 3. CIP - LEVERAGE WITH PROJECT CONTRIBUTIONS Te implementation section outlines public and rivate funding sources to achieve the vision for the City Center Pede~bian Plan. A. Funding Sources Private Fundinq: a. Private projects shall install as many of the elements of the P/an as are applicable to the specific project. b. The City will work with property owners to redesign existing sites and frontages to incorporate elements of the P/an. iL Public Fundina: a. The City may construct improvements as part of the Capital Tmprovement Program leveraged with project contributions. B. Specifications i. Project detail sheets shall identify the specific elements consistent with the Plan. ii. Project details shall be reviewed with the development application (private projects or capital improvement programs). IMPLEMENTATION CUPERJINO Parks and Recreation Department Agenda Item Number STAFF REPORT Agenda Date: September 15, 2002 SUBJECT Review of the Parks and Recreation Commission's recommendations for the Stevens Creek Corridor Master Plan. BACKGROUND The first step in developing a master plan is to determine the appropriate mix of uses for the site. Working from the goals the City Council formulated in December 2002, a community-wide visioning exercise was conducted. One hundred and eight (108) written and drawn visions were received; all were delivered to the City Council and Parks and Recreation Commission. Many of the visionaries also presented at a joint meeting on May 12. At the conclusion of the meeting, the City Council reaffirmed its goals for the project: · Engage the public in the planning for this important amenity · Invite members of the community to enjoy the property in the corridor year-round - serve more people · Minimize the affects of park operation on surrounding residents · Preserve and restore the natural environment of the creek corridor for park users and as habitat for wildlife · Provide a trail compatible with the natural setting that will accommodate a variety of trail uscrs · Acknowledge and interpret the history of the area through a series of historical markers and through the preservation of buildings at McClellan Ranch · Encourage educational uses of the creek corridor and support environtnental programming at McClellan Ranch · Consider the Blue Pheasant operation and how it affects the neighborhood · Analyze relocating the Blackberry Farm entrance to Stevens Creek Boulevard · Provide an economic analysis of what is proposed to be added or deleted from the current program so that Council can understand the impacts of the proposed changes · Consider what other recreational amenities are needed in the community and how the Stevens Creek corridor fits into the overall park and recreation offering in Cupertino Prmted on Rocycled Paper September 15, 2002 Page 2 Over the summer, the Parks and Recreation Commission worked to achieve some community consensus on what elements should be included in the master plan. They received additional testimony and many small-group presentations throughout June, July, and August. Their consensus recommendations for elements to be included in the plan include: · Environmental restoration · Cupertino Center for Living History · Implementation of the McClellan Ranch Master Plan · Year-round use by Cupertino residents · Reduction in the size of the picnic grounds · Golf · Trails that support a variety of users In this narrow scope, there are still many ways to organize the site. At the meeting of September 4, six alternatives were presented to the Parks and Recreation Commission. The six alternatives are attached (maps lB, lC, 2, 3A, 3B, 4). Also attached are matrices comparing the alternatives by amenities and how each of the plans address the City Council's goals. At the conclusion of the meeting, the Commission recommended map 4 to the City Council for consideration with the following modifications: · Expand the parking on Stevens Creek Boulevard · Plan for additional parking on the Simms property after the needs of the nonprofits are known · Allow picnicking in the Stocklmeir orchard · Reduce the parking in the center of the park · Align the trail through Stocklmeir, but keep it on the east bank through Blackberry Farm · Design the trail alignment through McCellan Ranch after the planning for the nonprofit facilities has been completed · Limit the size of the picnic grounds to a maximum of 500, including permanent facilities for 200 and an additional 300 spots in temporary facilities (the actual numbers may be adjusted to ensure that community oriented groups, such as CCS, can be accommodated at Blackberry Farm). · Do not design the park with collection of an entry fee in mind - pay for picnic facilities on a reservation basis · The Parks and Recreation Commission reaffirmed its commitment to a multi-use trail These modifications are reflected in the (also attached) drawing, Map 4 plus Commission recommendations. The Commission has gone as far as it can without concurrence from the City Council. Tonight we are seeking direction on some important policy issues. City Council direction will affect the design for the park. September 15, 2002 Page 4 definite plans for the use of the ranch are known. At this time, more information is needed regarding the nonprofit coalition that is forming to marry natural history and historic programs at McClellan Ranch. Staff requests that the City Council affirm its commitment to a multi-use trail and comment on the current proposal, which is to keep the trail on the east bank and provide restoration on the west bank through Blackberry Farm. · Cupertino Center for Living History The Cupertino Historic Society has proposed that living history programs could augmem the natural history programs currently offered at McCellan Ranch. There is broad support for this proposal. City Council has yet to comment on including the Historic Society's program within McClellan Ranch. Staff is requesting that the City Council do so. Summary In summary, we are asking that City Council provide direction on: · Operating the park without a gated picnic area and designing the park accordingly Reaffirm its support for the multi-use trail and the proposed alignment · Including the Center for Living History at McClellan Ranch How We Will Move Forward · We will work with nonprofit organizations to evaluate the existing buildings and sort out how the existing buildings will be used. We will work with them to determine parking, access, and other infrastructure needs and will incorporate their plans into the vision for the Corridor. It will be necessary to know what the proposed operation is before the environmental review for the Corridor can be conducted. · We will secure the services of consultants to refine these ideas into a master plan. · We commence environmental review on the proposed changes and work with various agencies involved in the Corridor. · We will contract with specialists in the development of a restoration plan for the Corridor. · We will approach grantors for funds for the Corridor project. RECOMMENDATION Provide direction to staff and the Parks and Recreation Commission on moving forward with the Stevens Creek Corridor Master Plan. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Parks and Recreation Department Davf3 W. Knapp City Manager Stevens Creek Corridor Alternatives Summary I Max Fee Picnicking Fee Picnic Parking Accommodates (based Max Free Family Parking Accommodates (based Number of Pedestrian/ Alternatives Attendance Parking upon 2.5 person/vehicle) Entrance Picnicking Picnic Parking upon 2.5 person/vehicle) Restoration Zone Bicycle Bridges 2,750 Picnickers (to reach 4,000 visitors 3 Low Flow Auto Crossings Existing Operations 4,000 1,100 Spaces with San Femando Parking Attendants shuttle service is provided from Monta Avenue None None None None and 3 Pedestrian Vista) Bridges lA. Picnic Operations Reduced to 1000/Course Shifted 1,000 311 778 Picknickers San Femando 112 spaces at Combined with Combined with Golf Course 185,347 s.f./3.8 acres I Auto Crossings and South/Mailed to Participants Avenue Stocklmeir Golf Course 3 Pedestrian/Bicycle Bddges lB. Picnic Operations Reduced San Femando 200 spaces at south ~o 1000/Same Footprint 1,000 369 Spaces 922 Picnickers Avenue end of Blackberry 40 Spaces 100 Picnickers 159,320 s.f./3.2 acres 4 Pedestrian/Bicycle Bridges 1C. Picnic Operations Reduced ~o 1500/Golf Course on 1,500 561 Spaces 1,402Picnickers San Fernando 200 spaces at south Stocklmeir Avenue end of Blackberry 40 Spaces 100 Picnickers 162,801 s.f./3.4 acres 4 Pedestrian/Bicycle Bridges -~. Picnic Operations Reduced :to 1000/Complete Redesign of 1,000 327 Spaces 817 Picnickers San Femando 168 spaces at south Park Layout Avenue end of Blackberry 96 Spaces 240 Pickners 316,302 s.f./6.5 acres 3 Pedestrian/Bicycle Bridges 3A. Picnic Operations at 2000 5an I-ernanao Picnic/No Golf/Access off SC 2,000 801 Spaces 2002 Picnickers Avenue and 160 spaces at south 50 Spaces 125 Picnickers 550,542 s.f./11.3 acres None Blvd. Stevens Creek end of Blackberry -- RI~H 3B. Picnic Operations at 1000 5an ~-eman(~o Picnic/No Golf/Access off SC 1,000 406 Spaces 1,015 Picnickers Avenue and 144 spaces at south Blvd. Stevens Creek end of Blackberry 50 Spaces 125 Picnickers 605,270 s.f./12.5 acres None Rlvd 4. No Fee Picnic Operation/Golf None None None San Fernando Avenue 259,481 s.f./5.3 acres Page 1 Stevens Creek Corridor Alternatives Summary Golf Multi-Use Trail with McClellan Relative Ability to Generate Alternatives Golf Parking Non-Asphalt Sur[acing McClellan Use Parking Simms Use Stocklmeir Use Capital Costs Revenue Education/ Existing Operations 9 Holes/I,571 Yards 91 Spaces None Nonprofit Offices 35 Spaces None None $+ $$$$ Extension of lA. Picnic Operations Reduced StocklmeidFar West Bank/ Education/ McClellan Trail/Family to 1000/Course Shifted 9 Holes/I,571 Yards 130 Spaces Scenic Circle/Simms Properl'~ Nonprofit Offices 35 Spaces Programming/ Picnicking/Orchard $$$$ $$+ South/Mailed to Participants with Barrier Fencing Trail Extension of StocklmeidFar West Bank/ lB. Picnic Operations Reduced Education/ McClellan to 1000/Same Footprint 9 Holes/I,571 Yards 91 Spaces Scenic Circle/Simms Property Nonprofit Offices 35 Spaces Trail/Orchard $$+ $$+ with Barrier Fencing Programming/ Trail Extension of Stockimeir/Far West Bank/ Education/ McClellan 1C. Picnic Operations Reduced 9 Holes/1,700Yards 91 Spaces Scenic Circle/Simms Propert 35 Spaces Trail/3 Golf Holes $$$ $$$ to 150~/Golf Course on Stocklmeir using Stocklmeir with Barrier Fencing Nonprofit Offices Programming/ Trail 2. Picnic Operations Reduced 9 Holes/1,700Yards Stocklmeir/West Bank/ Education/ Extension of to 1000/Complete Redesign of using Stocklmeir 115 Spaces Horseshoe Bend/East Bank Nonprofit Offices/ 35 Spaces McClellan Trail/3 Golf Holes $$$ $$+ Park Layout to McClellan Trail Programming 3A. Picnic Operations at 2000 Education/ Extension of Picnic/No Golf/Access off SC No Golf None East Bank Nonprofit Offices/ 35 Spaces McClellan Restoration $$$$ $$ Blvd. Trail Programming 3B. Picnic Operations at 1000 Education/ Extension of Picnic/No Golf/Access off SC No Golf None East Bank Nonprofit Offices/ 35 Spaces McClellan Restoration $$$$ $$ Blvd. Trail Programming Education/ Extension of 4. No Fee Picnic Operation/Golf 9 Holes/I,571 Yard~ 91 Spaces Nonprofit Offices/ 35 Spaces McClellan $$ $$ Trail Programming Page 2 Stevens Creek Corridor Alternatives Council Goals Summary Acknowledge and Preserve and restore the Provide a trail compatible interpret the history of the Engage the public in the Invite members of the Minimize the affects of park natural environment of the area through a series of community to enjoy the with the natural setting that historical markers and planning for this property in the corridor year- operation on surrounding creek corridor for park will accommodate a variety through the preservation important amenity residents users and as habitat for round - serve more people wildlife of trail users of buildings at McClellan Alternatives Ranch Corridor purchased through Picnic Open 100 Days per Year/ 4,000 Picnic Person Access off McClellan Ranch serves as Historic Buildings in Need of Golf Open Year-Round/ ~lature Trail at McClellan Ranch Repaid No Interpretive Existing Operations voter approved bonds McClellan Open Year-Round San Fernando Avenue a preserve Markers lA. Picnic Operations Reduced Vision Kit/Park and Fee Picnic Open 100 Days per Picnic Facilities Reduced to Implements McClellan Recreation Commission Year/Golf, McClellan, Family 1,000/ Increased Parking at Adds 3.8 Acre Restoration Multi-Use Trail along West Ranch Master Plan by to 1000/Course Shifted South and City Council Study Picnic and Trail Open Year- Zone Bank with Barrier Fencing Providing Funding for (Map Mailed to Participants) Sessions and Meetings Round Stevens Creek Blvd. Buildings and Interpretation lB. Picnic Operations Reduced Adds 3.2 Acre Restoration to 1000/Same Park Layout Picnic Facilities Reduced to 1,00¢ Zone 1C. Picnic Operations Reduced Adds 3.4 Acre Restoration to 1500/Golf Course on Picnic Facilities Reduced to 1,50C Zone Stocklmeir 2. Picnic Operations Reduced t¢ Picnic Facilities Reduced to Moves Picnicking away from Multi-Use Trail Integrated into 1000/Complete Redesign of 1,000/ Increased Parking at Creek/Adds 6.5 Acre Park and Meandering from Park Layout Stevens Creek Blvd. Restoration Zone West to East Banks 3A. Picnic Operations at 2000 Golf and Restaurant Picnic/No Golf/Access off Eliminated/Picnic Access off both Adds 11.3 Acre Restoration Multi-Use Trail Integrated into Stevens Creek Blvd. and San Zone Park on East Bank Stevens Creek Blvd. Fernando Avenue 3B. Picnic Operations at 1000 Picnic/No Golf/Access off , ,, Adds 12.5 Acre Restoration Zone Stevens Creek Blvd. 4. No Fee Picnic Operation/Golf Golf, McClellan, Family Picnic and Trail Open Year-Round Fee Picnic Facilities Eliminated Eliminates 5.3 Acre Restoration Picnicking/Adds Zone Page 1 Stevens Creek Corridor Alternatives Council Goals Summary Provide an economic analysis of what is Consider what other Encourage educational proposed to be added or recreational amenities are uses of the creek corridor deleted from the current needed in the community and support Consider Blue Pheasant Analyze relocating the program so that Council and how the Stevens environmental operation and how it Blackberry Farm entrance to can understand the Creek corridor fits into the programming at affects the neighborhood Stevens Creek Boulevard impacts of the proposed overall park and McClellan Ranch changes recreation offering in A Ite r n at i yes <^bi,,tyto Generate Cupertino Revenue) 4,060 Picnic Person Access off Provides golf, environmental Educational Programming Insufficient Parking during San Femando Avenue and education and opportunities Existing Operations On-Going at McClellan $$$$ Ranch Evening Hours Golf/Restaurant Access off for small and large group Stevens Creek Blvd. fee picnics Provides golf, environmental lA. Picnic Operations Reduced Implements McClellan Increased Parking at education, opportunities for Ranch Master Stevens Creek Blvd./New small and large group fee to 1000/Course Shifted South Reduces Picnic Operation to t ,000 $$+ Plan/Possible Cupertino Lease May Limit Hours of picnics and year-round free (Map Mailed to Participants) Center for Living History Operation family picnicking and __ __ walking and bicycling trail lB. Picnic Operations Reduced New Lease May Limit Restaurant Hours of $$+ to 1000/Same Park Layout Operation 1C. Picnic Operations Reduced to 1500/Golf Course on Reduces Picnic Operation to 1,50£ $$$ Stocklmeir 2. Picnic Operations Reduced tc Increased Parking at 1000/Complete Redesign of Stevens Creek Blvd./New Reduces Picnic Operation to 1,00(; $$+ Lease May Limit Restaurant Park Layout __. Hours of Operation Provides environmental 3A. Picnic Operations at 2000 Reduces Picnic Operation to Picnic/No Golf/Access off Eliminates Restaurant 2,000/Provides Dual Access off education, opportunities for San Fernando Avenue and SC $$ small and large group fee Stevens Creek Blvd. Blvd. picnics and year-round walking and bicycling 3B. Picnic Operations at 1000 Picnic/No Golf/Access off $$ Stevens Creek Blvd. Provides golf, environmental New Lease May Limit education, opportunities for 4. No Fee Picnic Operation/Golf Restaurant Hours of No Picnic Operation $$ family picnics and year- Operation round walking and bicycling access Page 2 Legend Iffiffi Lar~e Group ¢ienie ~ Small Group PicnicArea Existing Golf Coume Ent~ Ki~s P~des~n/Bi~e Gteyens Creak Channel ~ (Iow flow) .... Proposed Bike/Pod Trail ..... Existing Nature Trail Horseshoes O ~ Ranc~ " STEVENS CREEK CORRIDOR PARK LANDS DESIGN lB: 1,000 PICNIC AND GOLF Volleyball Childrens Play Area Existing Tree Canopy ooo ~0~o 000 ~o0o OOO0 Proposed New Trees Proposed Apricot Omhard Proposed Restrooms Proposed Snackbar Proposed Maintenance Building McClellan Road ~ Monta Vista ~.High School It1 ~'"'~..,.. / / 1 inch = :tOO fl:. NORTH McClellan' Ranc~n 0 / STEVENS CREEK CORRIDOR PARK LANDS DESIGN 1 C: 1,500 PICNIC AND RECONFIGURED GOLF Legend ~ Large Group Picnic Area .-r~'.-~ ... Small Group Picnic Area Proposed Restoration Area Existing Golf Course Playing Areas GreensExisting Golf Course o Entry Kiosks Proposed Pedestrian/Bike Bridge ~ Stevens Creek Channel (Iow flow) · ---* ~ Proposed Bike/Pod Trail · · · · · Existing Nature Trail =:= Horseshoes Volleyball Childrens Play Area Existing Tree Canopy Proposed New Trees ~o0o°°° Proposed Apricot Orchard 0000 ] Proposed Restrooms Proposed Snackbar Proposed Maintenance Building McClellan Road , NORTH Monta Vista \ High School / 1 inch = 100 ft. Legend Large Group Picnic Area Small Group Picnic Area Proposed Restoration Area New Golf Course Playing Areas New Golf Course Tees and Greens 0 Entry Kiosks Proposed Pedestrian/Bike Bddge ~ Stevens Creek Channel ii~. (Iow flow) " .... Proposed Bike/Ped Trail ..... Existing Nature Trail Homeshoes ~'~]~ Volleyball o~0~ Childrens Play Area Existing Tree Canopy Proposed New Trees Proposed Apricot Orchard Proposed Restrooms Proposed Snackbar Proposed Maintenance Building I ~,, I1::<~,1 STEVENS CREEK CORRIDOR PARK LANDS · DESIGN 2: 1000 PICNIC W/RE¢ONFIGURED GOLF COURSE NORTH inch = 100 5OO Stevens ~~ STEVENS CREEK CORRIDOR PARK ~NDS ~_~,, k~:~?~,~ol!,~, , DESIGN 3A: 2000 PICNIC WITH NO GOLF COURSE / Legend ~1 Large Group Picnic Area I~.~ ~. Small Group Picnic Area Proposed Restoration Area 0 Entry Kiosks ~'4~ ~ Stevens Creek Channel (iow flow) ,i=. · ~. · .-- Proposed Bike/Ped Trail ..... Existing Nature Trail : Horseshoes Softball Childrens Play Area !/~ Existing Tree Canopy ... New Trees Proposed 9ooo°°° Proposed Apdcot Orchard oooo [] Proposed Restmoms Proposed Snackbar Proposed Maintenance Building ~ Monta Vista !~xHigh School / 1 inch = 100 fL NORTH { / I/ //? ~~ STEVENS CREEK CORRIDOR PARK LANDS ,~._ ~.~ DESIGN 3B: 1000 PICNIC WITH NO GOLF COURSE Legend Large Group Picnic Area Small Group Picnic Area Proposed Restoration Area Entry Kiosks Stevens Creek Channel (Iow flow) Proposed Bike/Peal Trail · .... Existing Nature Trail :--: Horseshoes ~ Volleyball Softball Childrens Play Area Existing Tree Canopy Proposed New Trees Proposed Apricot Orchard Proposed Restrooms Proposed Snackbar Proposed Maintenance Building .Monta Vista High School \ / / NORTH 1 inch = 100 ft. Stevens Cr,,~e~ Blvd~ ~_..-', Legend Large Group Picnic Area =r~'-.~ .~[. Small Group Picnic Area Proposed Restoration Area Existing Golf Course Playing Areas Existing Golf Coume 0 Entry Kiosks Proposed Pedestrian/Bike Bridge Stevens Creek Channel / ~"~f'~ (Iow flow) ~,/ :l~ .... Proposed Bike/Ped Trail L ..... Existing Nature Trail Volleyball Childrens Play Area Existing Tree Canopy © 0 ~ Ranc~ oC) ~~ STEVEN~ CREEK CORRIDOR PARK LANDS .~!:~!.~:: ......... _D_ES,IGN 4. NO FEE PICNIC AND GOLF /J NORTH Proposed New Trees Proposed Apricot Orchard Proposed Restrooms Proposed Snackbar Proposed Maintenance Building McClellan Road "~ Monta Vista ~,High School / StaY,nS C,~k Blvd. PTShop Legend Large Group Picnic Ama Small Group Picnic Area Multi-Use Shelter Proposed Restoration Ama Existing Golf Course Playing Areas Existing Golf Coume Greens Entry Kiosks Proposed Pedestrian/Bike Bddge Stevens creek Channel (Iow flow) Proposed Bike/Ped Trail Existing Nature Trail Horseshoes Volleyball Childrans Play Area Existing Tree Canopy Proposed New Trees Proposed Apricot Orchard Proposed Restrooms Proposed Maintenance Building ~cClell~n Ranch determined 'STEVENS CREEK CORRIDOR PARK LANDS MAP 4: COMMISSION RECOMMENDATIONS McClellan Road ~\ IVlonta Vista t,,High School NORTH t inch = lO0 ft. DRAFT ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICPAL CODE REGARDING HOURS OF OPERATION FOR HONE LANDSCAPE MAINTENANCE ACTIVITIES - USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF CLARIFICATION WHEREAS, the City Council wishes to limit early moming use of motorized equipment for .h. ome landscape maintenance; WHEREAS, the City Council wishes to clarify the measurement procedure for daytime and nighttime maximum noise levels. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows: 10.48.051 }Iom~ Landscape maintenance activities. The use of motorized equipment for home ~nfi yarfi landscape maintenance activities shall be limited to the hours of8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends and holidays, with the exception of landscape maintenance activities for public schools, public andprivate golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The use of motorized equipment for home mhd yard landscape maintenance activities during these hours is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise level on adjoining properties. 10.48.040 Daytime and nighttime maximum noise levels. Individual noise sources, or the combination of a group of noise sources located on the same property, shall not produce a noise level exceeding those specified on property zoned as follows, unless specifically provided in another section of this chapter: Land Use at Point of Maximum Noise Level at Complaint Site of Receiving Property Origin Nighttime Daytime Residential 50 dBA 60 dBA Nonresidential 55 dBA 65 dBA This ordinance shall take effect and be in fome thirty (30) days after its passage. Ordinance No. 1921 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this day of September 2003, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 15th day of September 2003 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTA1N: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino DRAFT ORDINANCE NO. 1922 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.18 OF THE CUPERTINO MUNICIPAL CODE - STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION I Amendments Chapter 9.18 of the Cupertino Municipal Code, entitled Stormwater Pollution Prevention and Watershed Protection, is hereby amended to read as follows: 9.18.010 - Purpose of Chapter The U.S. Environmental Protection Agency has identified urban storm water runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified storm water runoff as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Region, has issued the City of Cupertino a National Pollutant Discharge Elimination System ("NPDES") permit. The NPDES permit requires that the City of Cupertino implement a Storm Water Management Program to control storm water runoff so that it does not cause or contribute to a violation of the water quality standards of South San Francisco Bay. The purpose of this Chapter is, therefore, to protect health, life, resources and property by providing minimum requirements designed to control the discharge of pollutants into the City of Cupertino's storm drain system and to assure that discharges from the City of Cupertino storm drain system comply with applicable provisions of the Federal Clean Water Act and National Pollutant Discharge Elimination System Permit No. CA0029718. Enactment of this Chapter falls within the scope of the City of Cupertino police powers to protect the health, safety, and welfare of its residents. Nothing in this Chapter is intended to preclude more stringent federal or state regulation of any activity covered by this Chapter. 9.18.020 - Definitions Replace the Definitions section in Chapter 9.18.020 with the following. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. Ordinance No. 19~2 10. 11. APPLICANT. Any person, firm, or governmental agency who executes the necessary forms to procure official approval ora project or a permit to carry out construction of a project. BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstructural practice designed to temporarily store and/or treat stormwater runoff in order to reduce pollution, mitigate flooding and provide other amenities. CITY. All the territory lying within the municipal boundaries of the City of Cupertino, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified in this chapter. COMMERCIAL VEHICLE WASHING FACILITY. A commercial facility where vehicle washing is a primary business activity. Commercial vehicle washing facilities include, but are not limited to, mobile washing rigs. COOLING SYSTEM. The pipes, heat exchangers and other appurtenances used to convey cooling water in cooling towers, direct contact cooling systems and similar fixed cooling systems. Multiple units of a cooling water system serving a building or piece of equipment are considered as one system if the cooling water distribution system units are physically connected. DEEMED COMPLETE. The City reviews development applications within 30 days of submittal to determine whether all the required information has been provided and the application can be "deemed complete" and accepted. If the application submittal is incomplete, staff sends a letter to the applicant indicating that the application is "deemed incomplete" and lists the items needed to complete the application. If the Planning Division's written determination is not made within 30 days after receipt of the application, under State Law, it is deemed "complete" and staff proceeds with processing the application. DEVELOPMENT. A land development or land development project. DIRECTOR OF PUBLIC WORKS. The Director of Public Works and his or her duly authorized agents and representatives. DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community Development and his or her duly authorized agents and representatives. EROSION AND SEDIMENTATION CONTROL PLAN. A plan designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities. EXISTING CONDITIONS. Refers to the conditions that exist on a site before the commencement of a land development project and at the time the City of Cupertino approves plans for the land development of a site. Where phased development or 2 Ordinance No. 1922 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions are considered those at the time before the first item being approved or permitted. FLEET WASHING FACILITY. A facility for washing vehicles at a location where a business maintains six or more vehicles. FOOD SERVICE FACILITY. Any nonresidential establishment that uses or generates grease when preparing food. Food service facility does not include any facility that prepares food for off-site cooking and consumption, or any facility that does not use, generate, or dispose of grease in cooking or preparing food. GREASE. Includes fats, oils, waxes, or other related constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil. GREASE REMOVAL DEVICE. An interceptor, trap or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the sanitary sewer. HAZARDOUS MATERIAL. Any material so designated by Chapter 101 of this code. ILLICIT CONNECTION. The unauthorized connection ofa wastewater stream to storm sewers. IMPERVIOUS SURFACE. A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface. EASEMENT. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement. LAND DEVELOPMENT ACTIVITIES. Those actions or activities that comprise, facilitate or result in land development. LOADING DOCK. The area of a facility intended for the loading and unloading of tracks, plus an additional radius often feet. NEW DEVELOPMENT. A land development activity on a previously undeveloped site. 3 Ordinance No. 19211 23. NPDES MUNICIPAL STORMWATER DISCHARGE PERMIT. A National Pollution Discharge Elimination System permit issued to the City of Cupertino by the Regional Water Quality Control Board, San Francisco Bay Region. 24. NUMERIC BMP SIZING CRITERIA. Requirements for designing stormwater BMPs that are included in the City's NPDES Municipal Stormwater Discharge Permit and more specifically described in the Santa Clara Valley Urban Runoff Pollution Prevention Program's "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects." 25. OIL-WATER SEPARATOR. A receptacle designed and constructed to intercept, separate, and prevent the passage of oils and sediments into the sewer system. 26. ON-SITE STORMWATER TREATMENT FACILITY. A stormwater treatment facility located within the boundaries of the site. 27. OPERATION AND MAINTENANCE AGREEMENT. A written agreement providing for the long-term operation and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. 28. OWNER. The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. 29. PERMIT. The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity. 30. PERSON. Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts and any officer or agency thereof. 31. POST-DEVELOPMENT. Refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. 32. REDEVELOPMENT. A land development project on a previously developed site, excluding ordinary maintenance activities, interior remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional stormwater runoff pollution. 33. RUNOFF. Stormwater runoff. 4 0rdlnance No. 19~ 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. RUNON. Stormwater flow entering a specific location from elsewhere on or off the site. SANITARY SEWAGE OR SEWAGE. Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters. SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (SCVURPPP). The Santa Clara Valley Urban Runoff Pollution Prevention Program is an association of thirteen cities and towns in the Santa Clara Valley, together with Santa Clara County and the Santa Clara Valley Water District. Program participants, referred to as Co-permittees, share a common Municipal NPDES permit to discharge stormwater to South San Francisco Bay. SECONDARY CONTAINMENT. The level of containment external to and separate from the primary containment. SEWER SYSTEM OR SANITARY SEWER SYSTEM. All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage. SITE. Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a unit, subdivision, or project. STORM DRAIN. Any pipe, conduit or sewer of the city designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system. STORMWATER DISCHARGE. Any discharge from land that results or probably will result in a discharge into watercourses. The discharges represent a process whereby pollutants, debris and chemicals generated from various land uses accumulate on streets, construction sites, parking lots and other exposed surfaces and are washed off and carried away by stormwater runoff into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides and toxics. STORMWATER MANAGEMENT. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. STORMWATER MANAGEMENT FACILITY. Any infrastructure that controls, treats or conveys stormwater runoff. 44. STORMWATER MANAGEMENT PLAN. A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance. 45. STORMWATER POLLUTANT SOURCE CONTROL BMPS. Measures or practices used to control stormwater pollution by eliminating contact between rainfall and the potential source of contamination. 46. STORMWATER POLLUTION PREVENTION PLAN. A document identifying potential stormwater pollutant sources at a construction site, the stormwater source control BMPs to be used to reduce these pollutants during and after construction and a description of required BMP monitoring. Generally applies to construction projects disturbing one or more acres. 47. STORMWATER RUNOFF. Water from rain, landscape irrigation, or other sources that flows over the land surface without entering the soil. 48. UNPOLLUTED WATER. Water to which no constituent has been added, either intentionally or accidentally, that would render the water unacceptable for disposal to storm or natural drainages or directly to surface waters. 49. VEHICLE FLUID. A liquid used in or drained from a motor vehicle. Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator fluid, hydraulic fluid, transmission fluid, and coolant. 50. VEHICLE SERVICE FACILITY. A commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle washing. 51. WASTE. Sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. 52. WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water. 53. WATER QUALITY IMPACT. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, Ordlnanee No. 10~2 diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. 9.18.030 - Limitations on Point of Discharge No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a city approved storm drain connection. 9.18.040 - Discharge into the Storm Drain Prohibited A. It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain or natural outlet or channel all waste, including but not restricted to, sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and fertilizers. B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up. C. The Director of Public Works may require that unpolluted cooling water or other unpolluted water be discharged into a natural outlet. However, allowable discharges shall not cause any impairment in the beneficial uses or quality of water of the state as defined in the California Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region or to injure or interfere with the operation of the State's watercourses. City may, from time to time, by resolution of the City Council adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. 9.18.050 - Public Nuisance The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this Chapter, is hereby declared to be a public nuisance and shall be handled in the same manner as provided in Chapter 1.09 of this Code. 9.18.060 - Protection From Accidental Discharge Each person shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or natural Ordinance No. 1922 outlet or channel. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. 9.18.070 - Accidental Discharge -Notification of Discharge All persons shall notify the Director of Public Works by telephone immediately upon accidentally discharging wastes to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. This notification shall be followed, within ten (10) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the city on account thereof under Section 13350 of thc California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or Federal laws. 9.18.080 - Discharge Permitted Pursuant to NPDES Permit The provisions of this Chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger. 9.18.090 Stormwater Pollution Prevention Plan Storm water pollution prevention plans (SWPPPs) shall be prepared and made available at construction sites for all projects disturbing a soil area of one (1) or more acres. Preparation of the SWPPP shall be in accordance with the most recent versions of the "Guidelines for Construction Projects," published by the San Francisco Bay Region of the California Regional Water Quality Control Board and the City of Cupertino "Construction BMP Selection Matrix." 9.18.100 Permanent Storm Water Pollution Prevention Measures Required A. All development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. B. Significant Redevelopment projects that result in an increase of, or replacement of, more than fifty (50) percent of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project. C. Significant Redevelopment projects that result in an increase of, or replacement of fifty (50) percent or less of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff fi.om the increased or replaced portion of the site for the life of the project. 8 Ordinance No. 1922 D. No final building or occupancy permit shall be issued without the written certification of the Director of Public Works that the requirements of this chapter have been satisfied. 9.18.110 Design and Selection of Best Management Practices Stormwater quality best management practices shall be selected and designed to the satisfaction of the Director of Public Works in accordance with the requirements contained in the most recent versions of the following documents. 1. City of Cupertino BMP Selection Matrices (Construction and Post- Construction); 2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" 3. NPDES Municipal Stormwater Discharge Permit issued to the City of Cupertino by the California Regional Water Quality Control Board, San Francisco Bay Region; 4. California BMP Handbooks; 5. "Start at the Soume" Design Guidance Manual; 6. Bay Area Stormwater Management Agencies Association "Using Site Design Standards to Meet Development Standards for Stormwater Quality - A Companion Document to Start at the Source"; and 7. City of Cupertino Planning Procedures Performance Standard. Numeric sizing criteria used to design stormwater pollutant removal treatment systems shall be in accordance with the City's current NPDES Municipal Stormwater Discharge Permit. 1. Treatment systems depending on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat stormwater runoff equal to: a. The maximized stormwater quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g. approximately the 85th percentile 24-hour storm runoff event); or b. The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Appendix D of the California Stormwater Best Management Practices Handbook for New Development and Redevelopment (2003), using local rainfall data. 2. Treatment BMPs whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat: a. 10% of the 50-yearpeak flow rate; or b. The flow ofrunoffproduced by rain equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall; or 9 0rdlnance No. 19]] c. The flow of runoff resulting from rain equal to at least 0.2 inches per hour intensity. 9.18.120 Stormwater Management Plan Required A. Development Permit Application Requirements Applications for land development projects meeting the criteria below must be accompanied by a Stormwater Management Plan, including stormwater quality best management practices (BMPs), as required by this ordinance. The Stormwater Management Plan shall detail how runoff and associated water quality impacts resulting from the activity will be controlled or managed. 1. New commercial, industrial, residential or institutional development creating one (1) acre or more of impervious surface, collectively over the entire project site, including roof area, parking lots, streets and sidewalks; 2. Redevelopment of existing commercial, industrial, residential or institutional parcel or parcels creating, adding or replacing one (1) acre or more of impervious surface, collectively over the entire project site, including roof area, parking lots, streets and sidewalks; 3. Public streets, roads and parking lots creating or replacing one (1) acre or more of impervious surface, collectively over the entire project site. 4. Land development activities that are smaller than the minimum applicability criteria set forth in items 1 and 2 above, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. B. Building Permit Requirements No building, grading, or erosion and sediment control permit shall be issued until the Stormwater Management Plan has been reviewed and approved by the Director of Public Works. 9.18.130 Stormwater Management Plan Contents The development permit applicant is responsible for submitting a Stormwater Management Plan that meets the design requirements of this Ordinance. The plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The minimum information submitted for support of a Stormwater Management Plan shall be as follows: A. Common address, parcel number and legal description of the site; i~. Contact information for all persons having a legal interest in the property; C. Vicinity map; D. A brief narrative description of the project; E. Geotechnicial investigations including soil maps, borings, site-specific recommendations, and any additional information necessary for the proposed stormwater management design; 10 37-/c2 Ordinance 9.18.140 F. Written or graphic inventory of natural resources existing at the site and in the surrounding area, including, but not limited to, watercourses, wetlands, and native vegetative areas; G. Data for total site area, disturbed area, new and/or replaced impervious surface area, and total impervious surface area; H. Topographic survey information showing existing and proposed contours, including all areas necessary for the post-development hydraulic analyses of proposed stormwater management facilities; I. Erosion and sediment control plan, as required by City Code Section 16.08, Excavation, Grading and Retaining Walls; J. A list of any other applicable environmental permits that will be required for the project and the responsible agencies (examples: Santa Clara Valley Water District, State Department ofFish and Game, Regional Water Quality Control Board); K. Hydrologic computations, including drainage area maps depicting existing and post-development runoff flow paths and land use; L. Hydraulic computations for existing and post-development conditions; M. A list of all stormwater management facilities and practices to be employed at the site; N. A list of any regular on-site cleaning activities to be used as stormwater pollutant source controls (example: pavement sweeping) and the schedules for these cleaning activities; O. Numeric BMP sizing criteria computations according to the SCVURPPP "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" P. Structural and construction details for all components of the proposed drainage system or systems and stormwater management facilities; Q. Landscaping plan showing disposition of existing vegetation and any vegetative site stabilization and/or landscape-based storm water management measures; R. Cost estimates for all proposed on-site stormwater treatment facilities for the purpose of calculating the amount of any required performance bonds; S. BMP operation and maintenance procedures, including maintenance tasks, inspection and maintenance schedule, the parties responsible for BMP operation and maintenance, funding mechanisms for on-going operation and maintenance and access and safety issues; T. Certification by the owner/developer that all stormwater management construction will be done according to this Stormwater Management Plan; U. An as-built certification signature block to be executed by the responsible registered civil engineer after project completion; and V. Any other information as may be required by the Director of Public Works. Preparation of the Stormwater Management Plan A. The Stormwater Management Plan shall be prepared under the direction of a professional civil engineer registered in the State of California. The responsible 11 Ordinance No. 9.18.150 9.18.160 professional civil engineer shall stamp and sign the approved Stormwater Management Plan. The Director of Public Works may require a developer to provide a signed certification from the civil engineer responsible for preparing the Stormwater Management Plan that all stormwater best management practices have been designed to meet the requirements of this Ordinance. Each certifying civil engineer shall establish to the City's satisfaction that such person has been trained on the design of stormwater quality best management practices not more than three (3) years prior to the certification signature date. Qualifying training shall be conducted by an organization with stormwater quality management expertise, such as a university, the Bay Area Stormwater Management Agencies Association, the American Society of Civil Engineers, the American Public Works Association, or the California Water Environment Association. Stormwater BMP Operation and Maintenance Responsibility A. For the life of the project, all on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired by the property owner(s), an Owners' or Homeowners' Association or other legal entity approved by the City. B. Any repairs or restoration and maintenance shall be in accordance with City- approved plans. C. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Management Plan. Stormwater BMP Operation and Maintenance Agreement A. Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written stormwater BMP operation and maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. B. The stormwater BMP operation and maintenance agreement shall require that the BMPs not be modified and that BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. C. The stormwater BMP operation and maintenance agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the City shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. D. The owner shall provide the City with three signed copies of the recorded stormwater BMP operation and maintenance agreement. 12 Orcl~nance No. 9.18.170 Stormwater BMP Inspection Responsibility The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable party. Unless otherwise required by the Director of Public Works, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List ofstormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site reinspection 9.18.180 Records of Maintenance and Inspection Activities On or before April 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities shall provide the Director of Public Works with records of all inspections, maintenance and repairs. 9.18.190 Failure to Maintain A. If the responsible party fails or refuses to meet the requirements of the stormwater BMP operation and maintenance agreement, the City, after thirty (30) days written notice, may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. B. In the event the City determines that the violation constitutes an immediate danger to public health or public safety, 24 hours written notice from the City shall be sufficient. C. The City may assess the owner(s) of the property for the cost of repair work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill for such property and collected in the ordinary manner for such taxes. 9.18.200 Inspection and Maintenance Easement A. The Director of Public Works shall have access to all on-site stormwater treatment facilities for the purpose of inspection and repair. This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. 13 Orrt~nanee ]qo. 10~ 9.18.210 B. Prior to the issuance of a building permit for which storrnwater management BMPs are required, the applicant/owner shall secure the necessary inspection and maintenance easement(s) on a permanent basis. The terms of the inspection and maintenance easement shall allow the City to enter the property at reasonable times and in a reasonable manner for the purpose of inspection and repair. C. The inspection and maintenance easement will be recorded by the City with the stormwater BMP operation and maintenance agreement and will remain in effect even with transfer of title to the property. D. The owner shall provide the City with three signed copies of the recorded inspection and maintenance easement. Stormwater Pollutant Source Control BMPs A. Storm Drain Inlet Labeling Storm drain inlets shall be clearly marked with the words "No Dumping - Flows to Bay," or equivalent. B. Drains and Drain Lines 1. Interior floor drains shall not be connected to the storm drain system. 2. Exterior drains within the following areas shall not be connected to the storm drain: a. Equipment or vehicle washing areas; b. Areas where chemicals, hazardous materials, or other uncontained materials are stored unless secondary containment is provided; c. Equipment or vehicle fueling areas or fluid changing areas; d. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled. 3. Where feasible, roof drains shall not connect directly to the storm drain system. Roofrunoffshall be directed to landscaped areas. Upon approval of the Director of Public Works, projects located in hillside areas may be exempt from these requirements. 4. Nonresidential facilities shall either: (a)provide secondary containment for all roof-monnted equipment, tanks, and piping containing liquids other than potable water; or (b) connect all roof drains and equipment discharge lines to the sanitary sewer. 5. Boiler drain lines shall be connected to the sewer system and may not be discharged to the storm drain system. 6. Cooling systems shall not be connected or allowed to drain to the storm drain system. 7. Condensate lines shall not be connected or allowed to drain to the storm drain system. C. Pool and Spa Discharges 1. It shall be unlawful to discharge water from pools and spas to the storm drain system. 2. When draining a pool, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. 14 Ordinance No. 1022 3. For swimming pools installed or remodeled after the adoption date of this ordinance, a sewer clean out shall be installed in a readily accessible area, within ten (10) feet of the pool edge, if possible. 4. De-chlorinated spa discharges may be directed to landscaped areas, providing this does not generate mnoffto the storm drain system. Vehicle and Equipment Fueling Facilities Vehicle or equipment fueling facilities installed or remodeled after the adoption date of this ordinance shall be designed to prevent the runon of stormwater and runoffof spills. This shall be accomplished by: 1. Paving the fueling area with concrete or other impervious surface; 2. Covering the fueling area and extending the cover a minimum of ten (I 0) feet beyond the fuel pumps in the directions of vehicle or equipment access and egress; and 3. Grading the area (sloped inward) or installing a berm or curb around the perimeter of the fueling area. Storm drains shall be prohibited in these fueling areas. Vehicle Service Facilities 1. No person shall dispose of, nor permit the disposal, directly or indirectly, of vehicle fluids, hazardous mater/als, or rinsewater from parts cleaning operations into storm drains. 2. All owners and operators of vehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinsewater from parts cleaning operations that comes into contact with any floor, pavement or ground surface is cleaned up immediately from such surface. 3. No tanks, containers or sinks used for parts cleaning or rinsing shall be connected to the storm drain system. 4. No person shall perform vehicle fluid removal outside a building, nor on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. 5. Leaking vehicle fluids shall be contained or drained immediately. 6. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area of secondary containment. 7. No person shall discharge wastewater from vehicle washing operations or wash racks to a storm drain, or onto the ground. 8. No person shall discharge water from vehicle washing operations into the storm drain, except that used for rinsing of vehicle exterior surfaces with water to remove only atmospheric dust deposited on a vehicle when not in use. This exception does not apply to commercial vehicle washing facilities or fleet washing. 9. Vehicle service facilities shall be cleaned using only those methods of cleaning that ensure that no materials are discharged to the storm drain 10. All owners and operators of vehicle service facilities shall ensure that spill prevention and clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use. 15 Ordinance IM'o. 1922 11. No acid-containing batteries shall be stored except within secondary containment. 12. All owners and operators of vehicle service facilities shall post or cause to be posted signs on all storm drains located on the property of the facility notifying persons that the discharge of waste into the storm drain is illegal. F. Food Service Facilities 1. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease removal device and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. 2. New buildings constructed to house food service facilities shall include a covered area for a dumpster. The area shall be designed to prevent water runon to the area and runoff from the area. 3. Drains that are installed beneath dumpsters serving food service facilities shall be connected to a grease removal device. G. Parking Garages 1. If installed, parking garage floor drains on interior levels shall be not be connected to the storm drain, but to an oil/water separator prior to discharging to the sanitary sewer system. 2. Parking garage oil/water separators shall have a minimum capacity of 100 gallons. 3. The parking garage oil/water separator shall be cleaned at a frequency of at least once every twelve months or more frequently if recommended by the manufacturer or as required by the City. H. Root control chemicals. No person shall discharge, dispose or add to the storm drain system any substance to control roots. I. Dumpsters 1. New buildings, except for single-family and duplex residences, shall provide a covered-area for a dumpster. 2. The area shall be designed to prevent water mnon to the area and runoff from the area. 3. Dumpsters serving food service facilities shall be designed in accordance with Section 9.18.200F, above. J. Multi-Family Residential Vehicle Washing Facilities 1. New residential buildings with 25 or more units shall provide a covered, bermed area for occupants to wash their vehicles. 2. The vehicle washing area shall be designed to prevent water runon to the area and runoff from the area. 3. A drain shall be installed to capture all vehicle washwaters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. 4. Vehicle washing area oil/water separators shall have a minimum capacity of 100 gallons. 16 Ord~nanoe ~o. 10~'~ 9.18.220 9.18.230 9.18.240 9.18.250 5. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the superintendent. K. Copper roofing materials. 1. Copper metal roofing, copper granule-containing asphalt shingles and copper gutters shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. 2. Copper flashing for use under tiles or slates and small copper ornaments are exempt fi.om this prohibition. Violation Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this Code. Civil Penalty For Violation -Payment of Funds to Account Any person who violates any provision of this Chapter or any provision of any permit issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed the amounts provided for in Government Code §§54740 and/or 54740.5. The City may petition the Superior Court pursuant to Government Code §54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Environmental Storm Management Account. Civil Penalty for Illicit Discharges - Payment of Funds to Account Any person who discharges pollutants, in violation of this Chapter, by the use of illicit connections shall be civilly liable to the City in a sum not to exceed Twenty Five Thousand Dollars ($25,000.00) per day per violation for each day in which such violation occurs. The City may petition the Superior Court pursuant to Government Code §54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. Notice of Violation Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit revocation or suspension, he/she shall issue a notice of violation which: (1) Enumerates the violations found; and 17 Ordinance Mo. (2) Orders compliance by a certain date. 9.18.260 Administrative Penalties - Payment of Funds to Account Whenever the City Manager or his/her designee finds that any person has violated any notice, of violation requiring compliance with any provision of this Chapter, or has violated any provision of this Chapter, he may assess an administrative penalty in a sum not to exceed the amounts provided in Government Code {}54740.5. The remedy provided in this Section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. 9.18.270 Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. Section II Applicability The Stormwater Management Plan requirement of this ordinance applies to all new or redevelopment projects, unless the project application was "deemed complete" by the Director of Community Development prior to the effective date of this ordinance. Section III Enforcement The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon its becoming effective with the Sheriffs Office and the County of Santa Clara, State of California. Section IV Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen {15) days after its passage, in accordance with §36933 of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. 18 Ordinanee No. 1022 INTRODUCED at a regular meeting of the City Council this 2"a day of September, 2003, and ENACTED at a regular meeting of the City Council this 15th day of September 2003, by the following vote: Vote: Members of the City Council: AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 19 DRAFT ORDINANCE NO. 1923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.08 OF THE CUPERTINO MUNICIPAL CODE REGARDING WEED ABATEMENT THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the Cupertino Municipal Code Section shall be amended to read as follows: 9.08.080 Notice of report. The City Clerk shall post a copy of the report and assessment list specified in Section 9.08.070 in a conspicuous place :~ ~ '"~" ~--, ^r ~,~ ~;.,, ^rc,~ .............. J ........ a ....... near the main door of the city council chambers, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for heating and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. In addition, the ............. City Clerk shall mail a copy of the notice and his the assessment list to all persons owning property described in his the assessment list. The mailing labels shall be provided by the Fire Marshal. The posting and mailing of the notice and assessment list shall be made and completed at least ten days prior to the time for hearing objections by the City Council. Such notice shall be substantially in the following form: NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on ,4-9 20 the County Fire Marshal filed with the City Clerk a report and assessment on abatement of weeds within the City, copies if which are posted '~n ............... ., ......... ~ ......£ near the main door of the city council chambers. NOTICE IS FURTHER GIVEN that on ~9 20 , at the hour of o'clock , in the chambers of the City Council said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessments list, or to any matter or thing contained therein, may appear at said time and place and be heard. Dated this day of , -1-9 20 City Clerk of the City of Cupertino This ordinance shall take effect and be in force thirty (30) days after its passage. Ordinance No. 1923 Page 2' INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 15th day of September 2003, by the following vote: Vote: Ayes: Noes: Absent: Abstain: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Stevens Creek Corridor Alternatives Summary Max Fee Picnicking Fee Picnic Parking Accommodates (based Max Free Family Parking Accommodates (based Number of Pedestrian/ Alternatives Attendance Parking upon 2.5 person/vehicle) Entrance Picnicking Picnic Parking upon 2.5 person/vehicle) Restoration Zone Bicycle Bridges 1,100 Spaces with 2,750 Picnickers (to reach 4,000 visitors San Femando 3 Low Flow Auto Crossings Existing Operations 4,000 Parking At~endant~ shuttle service is provided from Monta Avenue None None None None and 3 Pedestrian Vista) Bddges lA. Picnic Operations Reduced San Femando 112 spaces at Combined with I Auto Crossings and io 1000/Course Shifted 1,000 311 778 Picknickers Combined with Golf Course 185,347 s.f./3.8 acres South/Mailed to Participants Avenue Stocklmeir Golf Course 3 Pedestrian/Bicycle Bddgee 1 B. Picnic Operations Reduced San Fernando 200 spaces at south 1,000 369 Spaces 922 Picnickers 40 Spaces 100 Picnickers 159,320 s.f./3.2 acres 4 Pedestrian/Bicycle Bddgee to 1000/Same Footprint Avenue end of Blackberry 1C. Picnic Operations Reduced San Femando 200 spaces at south ~o 1500/Golf Course on 1,500 561 Spaces 1,402Picnickers 40 Spaces 100 Picnickers 162,801 s.f./3.4 acres 4 Pedestrian/Bicycle Bddges Stocklmeir Avenue end of Blackberry ;'. Picnic Operations Reduced Io 1000/Complete Redesign of 1,000 327 Spaces 817 Picnickers San Femando 168 spaces at south 96 Spaces 240 Pickners 316,302 s.f./6.5 acres 3 Pedestrian/Bicycle Bridges Park Layout Avenue end of Blackberry 3A. Picnic Operations at 2000 :San I-ernanao Picnic/No Golf/Access off SC 2,000 801 Spaces 2002 Picnickers Avenue and 160 spaces at south 50 Spaces 125 Picnickers 550,542 s.f./11.3 acre., None Blvd. Stevens Creek end of Blackberry RI~/H 3B. Picnic Operations at 1000 5an ~-ernanao Picnic/No Golf/Access off SC 1,000 406 Spaces 1,015 Picnickers Avenue and 144 spaces at south 50 Spaces 125 Picnickers 605,270 s.f./12.5 acre., None Blvd. Stevens Creek end of Blackberry Rival San Fernando 4. No Fee Picnic Operation/Golf None None None Avenue 259,481 s.f./5.3 acres Page 1 EXHIBITS BEGIN HERE Memo To: Cupertino City Council & Commissions From: Bob Hendrickson cc, reSpo' c ¢ c CUPERTINO OlTY CLERK Re: Feeling Disenfranchised from The Citizens? Maybe not but would assure yon that a great number of, if not most, citizens feel disenfranchised from their local political leaders and major city decisions. And, one could be tempted to offer that mistrust is included with the feeling of being disenfranchised. If you agree at least somewhat that the above is an honest assessment and that these feelings are most felt during and as a result of the City Council and City Commission meetings, then the following points are offered for your consideration: · You are armed with information and words that you assume the citizen is aware of so that open meetings sometimes sound like two different subjects are being discussed and/or considered. · The citizen believes that you are armed with information and words that you and "others" enjoy as insiders and that its "us" (the citizen) against "you" (council, staff, commissioners) and that "us" is the underdog. · The two above thoughts are very real and yet are not the fault of any council, staff member, commissioner. The problem is the meeting process as set up. If only two changes were made in the Council and Commission meetings, the above could be turned around overnight. Before any item that is known to be considered "of interest" to the public, a open round table meeting is scheduled. It would be known that no policy or decisions could come out of this meeting but that the meeting is to share all concerned input. This is where everyone has the chance to ask questions and voice concerns (no attacks) before the hearing takes place. The agenda and the amount of time would be known before hand so that these "of interest" meetings wouldn't be allowed to drag on. The purpose would be to educate all and to work towards making city meetings more productive with less time investment. There are too many examples of communication problems to cite that have caused hurt feelings and the feelings of mistrust but just as a simple one: Had it come out in a round table meeting that the city uses or pays for an independent "third" party (in this case-an Arborist) opinion, the Oaks Shopping Center commission meeting could have lasted 10 minutes less and removed some legitimate concerns. Consider getting information out earlier to the general public and to the known citizens who will have an interest in topic. This gives them the time to prepare and even appoint a spokesperson to address the city meetings on behalf of their group. For this to really work, council and commission must work with the public in understanding that the system works best when the public is truly a part of the system and not an outsider. Would also suggest council and commission need to emphasize that the quality of input is of more help to them and to the public than just the shear number of speakers. Have a Public Information contact where citizens can get clarification of points before the public meeting. The time invested before a hearing could represent huge time savings and bring in the citizen with a feeling that they are a partner with the council instead of an outsider. The above doesn't do justice to what a finished program change should be. But hopefully the suggestion would spark some interest on the Councils part to understand that the current city meetings are not effective and viewed by many as just another dance by "them" and needs to be changed for everyone's benefit. Respectfully, Bob Hendrickson RIGHTS AND THE NEW REALITY Pare Down the Patriot Act It's yesterday's news that the American Civil Liberties Union detests the USA Patriot Act. But with some Republican members of Congress /dso deploring civil liberties rolibacks, Atty. Gen. John Ash- croft is on the road to talk up the law he cred- its for his department's victories in the war vn terror. Ashcroft insists, "If we knew then what we know now, we would have passed the Patriot Act si~ months before Sept. 11, not six weeks after.'] But the attorney general has yet to /prove that to the satisfaction of many law- sions that widen the FBI's power to monitor people's reading and video-watching habits. Other groups condemn provisions for secret searches and the government's expanded power to snoop into e-mall and the Internet. Ali of this new authority may also be used to investigate crimes unrelated to terrorism. Second thoughts by members of Con- gress have already resulted in some action. Last month, the House overwhelmingly passed a measure that would repeal investi- gators' power to do "sneak and peek" probes -- unannounced searches of homes and busi- inmakers who voted for the bill but can't get nesses. _____._____-- good answers about how he's used his broad ~so last mo~th, Sans. Lisa Murkowski ew authority to spy, detain and prosecute. (R-Alaska) and Eon Wyden (D-Ore.) intro- Ashcroft's three-week, 18-city tour -- what one critic knocks as a "charm offensive" -- is a public-relations retort to growing con- cern that Congress went too far, too fast in the terrible weeks aller the 9/11 attacks. Ashcroft may also be laying the ground- work for a sequel to the Patriot Act that would steal away still more liberties. Con- gress should resist new laws and instead trim the overly broad authority it too hur- riediy gave law enforcement. More than 140 towns and cities nation- wide and three states approved resolutions denouncing the Patriot Act. Librarians and booksellers are especially outraged by provi- duced S 1552, which would require FBI agents to convince a judge of the merits of their suspicions before perusing an individ- ual's medical or Internet records. It would also toughen judicial review for some tele- phone and Internet monitoring. Sen. Russell D. Feingold (D-Wis.) and Rep. Bernard Sanders (I-Vt.) have introduced measures to limit the FBI's ability to monitor books and videos. The nation shares AshcroWs relief that another major terrorist attack has not oc- curred. But that relief is no reason for Con- gress not to fine-tune the Patriot Act to re- store a civil liberties balance. RIGHTS AND THE NEW REALITY Pare Down the Patriot Act It's yesterday's news that the American Civil Liberties Union detests the USA Patriot Act. But with some Republican members of Congress also deploring civil liberties rollbacks, Atty. Gen. John Ash- croft is on the road to talk up the law he cred- its for his department's victories in the war an terror. Ashcroft insists, "If we knew then what we know now, we would have passed the Patriot Act si~ months before Sept. 11, not six weeks after.'l But the attorney general has yet to /prove that to the satisfaction of many law- sions that widen the FBI's power to monitor people's reading and video-watching habits. Other groups condemn provisions for secret searches and the government's expanded power to snoop into e-mail and the Internet. All of this new authority may also be used to investigate crimes unrelated to terrorism. Second thoughts by members of Con- gress have already resulted in some action. Last month, the House overwhelmingly passed a measure that would repeal investi- gators' power to do "sneak and peek" probes -- unannounced searches of homes and busi- inmakers who voted for the bill but can't get nesses. good answers about how he's used his broad ':-~go last month, Sens. Lisa Murkowski ew authority to spy, detain and prosecute. (It-Alaska) and lq, on Wyden (D-Ore.) intro- Ashcmft's three-week, 18-city tour -- what one critic knocks as a"charm offensive" -- is a public-relations retort to growing con- cern that Congress went too far, too fast in the terrible weeks after the 9/11 attacks. Ashcroft may also be laying the ground- work for a sequel to the Patriot Act that would steal away still more liberties. Con- gress should resist new laws and instead trim the overly broad authority it too hur- riedly gave law enforcement. More than 140 towns and cities nation- wide and three states approved resolutions denouncing the Patriot Act. Librarians and booksellers are especially outraged by provi- duced S 1552, which would require FBI agents to convince a judge of the merits of their suspicions before perusing an individ- ual's medical or Internet records. It would also toughen judicial review for some tele- phone and Internet monitoring. Sen. Russell D. Feingald (D-Wis.) and Rep. Bernard Sanders (I-Vt.) have introduced measures to limit the FBI's ability to monitor books and videos. The nation shares Ashcroft's relief that another msjor terrorist attack has not oc- curred. But that relief is no reason for Con- gress not to fine-tune the Patriot Act to re- store a civil liberties balance. a~ti.~Lt,V 5 PEDESTRIAN CONNECTIONS FROM CITY CENTER TO CIVIC CENTER PED~]'RIAN BOLLARI~ 5CUL, rlURE (at focal r.~ ,~r's mnrkL, t or IMPI .I~.MENTATION: 1. PROJECTS RF. QUIRING APPLICATIONS (CONDITIONS) ENCOUR~E EXIS'flNG DEVELOPMENT TO PROVIDE IMPROVEMENTS 3. CIP- LEVERAGE WITH PROJECT CONTRIBUTIONS Stevens Creek Corridor Cupertino City Council September 15, 2003 £U?EI~INO City Council Goals City Council goals for the stevens Creek Corridor project (Dec. 12, 2002): · Engage the public in the planning for this important amenity · Invite members of the community to enjoy the property in the Corridor year-round - serve more people · Minimize the effects of park operation on surrounding residents Preserve and restore the natural environment of the creek corridor for park users and as habitat for wildlife Provide a trail compatible with the natural setting that will accommodate a variety of trail users Acknowledge and interpret the history of the area through a series of historical markers and through the preservation of buildings at McClellan Ranch Encourage educational uses of the creek corridor and support environmental programming at McClellan Ranch Consider the Blue Pheasant operation and its compatibility with the neighborhood Analyze relocating the Blackberry Farm entrance to Stevens Creek Boulevard Provide an economic analysis of what is proposed to be added or deleted from the current program so that Council can understand the impacts of the proposed changes Consider what other recreational amenities are needed in the community and how the Stevens Creek Corridor fits into the overall park and recreation offering in Cupertino Process to date: Background information from focus groups and surveys City Council formulated goals Prepared and distributed 320 vision kits Technical support meetings, ongoing communications, and small-group meetings 108 visions received 3 )ns to_P_art~s~r~d~reatbn Commission and City Council Ongoing small-group meetings were held with presentations to the Parks and Recreation Comm. in June & July Parks and Recreation Commission recommended consensus elements in August Plans incorporating the consensus elements were prepared for the P&R Comm.'s review The Commission forwarded recommendations to the City Council Parks and recreation Commission recommendations for elements to be included in the plan include: ® Environmental restoration · Cupertino Center for Living History · Implementation of the McClellan Ranch Master Plan e Year-round use by Cupertino residents · , Reduction in the size of picnic grounds · Golf ® Trails that support a variety of users 4 These were the elements the Commissioners felt represented the broadest community consensus. Within this narrow scope, there are still many ways to organize the site. At the meeting of Sept. 4, six alternatives were presented to the Commission. 5 3A: 2000 lC 1500 pic&recon golf Commission's Recommendation The Commission recommended Map 4 to the City Council for consideration with the following modifications: ® Expand the parking on Stevens Creek Blvd. e Plan for additional parking on the Simms property after the needs of the nonprofits are known · Allow picnicking in the Stocklmeir orchard 6 Reduce the parking in the center of the park Align the trail through Stocklmeir, but keep it on the east bank through Blackberry Farm Design the trail alignment through McClellan Ranch after the planning for the nonprofit facilities has been completed Limit the size of the picnic grounds to a maximum of 500, including permanent facilities for 200, and an additional 300 spots in temporary facilities (the actual numbers may be adjusted to ensure that community oriented groups, such as CCS, can be accommodated at Blackberry Farm) Do not design the park with collection of an entry fee in mind - pay for picnic facilities on a reservation or arrival basis The Parks and Recreation Commission reaffirmed its commitment to a multi-use trail Recommended Plan: 1. Engage the public in the planning for this important amenity. · Ongoing memb~the community to enjoyRhe property in the Corridor year-round - serve more people Addition of informal free picnicking in the Stocklmeir orchard Addition of a trail Expanded programming at McClellan Ranch Cupertino Center for Living History Retain the golf course Play area for children surrounding residents. Enlarge the parking lot at Stevens Creek Boulevard, add parking at the Simms House Reduce the BBF picnic capacity Keep the trail near the center of the park Provide amenities for neighbors, such as a playground, trail, and picnicking Limit the hours of operation for the Blue Pheasant Restaurant to 11 p.m. ~d restore-the natural environment of the creek corridor for park users and as habitat for wildlife Move picnic facilities away from creek bank Reconfigure the golf course to provide for some restoration Remove concrete and restore native vegetation Replace Iow-flow crossings with bridges ~PFdvi~il compatible ¢ith the natural setting that will accommodate a variety of trail users Separate the nature trail from the multi-purpose trail The multi-purpose trail will be of a natural hard surface, no asphalt lO area through a series of historical markers and through the preservation of buildings at McClellan Ranch Implement the McClellan Ranch Master Plan Support the proposal for the Cupertino Center for Living History Plant an orchard of apricots or some other tree historically grown in the valley on the Santa Clara Valley Water District parcel Design a series of interpretive signs to install along the trail le ed-~eafiena~- ses-ef-the-ereek corridor and support environmental programming at McClellan Ranch Implement the McClellan Ranch Master Plan Involve schools and other groups in the restoration effort entrance to Stevens Creek Boulevard. The Parks and Rec. Comm. recommended increasing parking on Stevens Creek Boulevard, leaving the entrance as it is Reduce the capacity of the picnic grounds needed in the community and how the Stevens Creek Corridor fits into the overall park and recreation offering in Cupeflino. Provide for year-round trail use Provide a playground for children in the neighborhood Provide for access to swimming pools during the summer without having to pay a park admission fee Provide a venue for nature and history study 10. Consider the Blue Pheasant operation and how it effects the neighborhood. ~ Limit the operation of the restaurant and bar to 11 p.m. economic analysis of what is proposed to be added or deleted from the current program so that Council can understand the impacts of the proposed changes. We will review the loss of revenue from the picnic grounds tonight ~ider~vhat~therd'ecreatiorraFamer~-i~ies-are needed in the community and how the Stevens Creek Corridor fits into the overall Parks and Recreation offerings in Cupertino. The P&R Comm. heard months of testimony, but in the end, identified the following as consensus items: Enwronment~l restoration Cupertino Center for Living History Implementation of the McClellan Ranch Master Plan Year-round use by Cupertino residents Reduction in the size of picnic grounds Golf Trails that support a variety of users 14 we are seeking direction on some important policy issues. City Council direction will affect the design for the park: · Do we eliminate the collection of a per-person entry fee at Blackberry Farm? · Should a multi-use trail be included in the plan? · Should we incorporate the the Cupertino Center for Living History in the plan? 15 Blackberry Farm? ~ There are limitations on park design if a gated picnic area operates at the narrow core ~ The Stevens Creek Trail Task Force found the trail to be infeasible as long as fees to enter to Blackberry Farm were collected via a gated entry ~ The Parks and Recreation Commission has recommended that we eliminate the gated entry and greatly reduce the capacity of the picnic grounds The Parks and Recreation Commission's recommendation is to reduce permanent picnic facilities to a maximum of 200 with an area for expansion, as special events require, to 500 picnickers. This is accomplished through construction of a 200-person picnic pavilion adjacent to a "pole barn," which is an open structure that could accommodate up to 300 more individuals. The pole barn would serve other uses besides picnicking - it could be used for classes, lectures, etc. The revenue impacts of switching the operation are very Based on a group of 50 adults on a Sunday: Blackberry Farm Memorial Park System (assume Entry-Fee System reserv, fee, + fee of use of pool, + field reserv.) $450 - entry fee @ $ 55 - picnic site reserv. $9/person for 50 50 - softball field rental* people 7--5 - 25 pool admis. ($3/pr) $450 $180 *2 hours ~ $25/hour 17 Blackberry Farm Op Annual erating Revenueand Expenses Picnic Grounds Pools Snack Bar Total Catering Golf Course Revenue $505,000 $0 $46,000 $551,000 $236,000 $714,000 Expenses Administrative Staff $95,000 5,000 0 100,000 0 $100,000 Maintenance Staff 90,000 10,000 0 100,000 0 0 Contract Maintenance 5,000 0 0 5,000 0 $220,000 Part-time Maintenance 20,000 0 0 20,000 0 0 Part-time Staff30,000 55,000 16,000 101,000 40,000 80,000 Supplies 15,000 15,000 18,000 48,000 120,000 30,000 Utilities 15,000 20,000 1,000 36,000 0 35,000 Sheriff 25,000 0 0 25,000 0 0 Total Expenses $295,000 105,000 35,000 435,000 $160,000 $465,000 Total Proflt/Loss $ 210,000.00 $(105,000.00 $ 11,000.00 $ 116,000.00 $ 76,000.00 $ 249,000.00 Reservation Model Companson Current (Reservation Fee System) iFee for Use (Memorial Park Model) 500 Per Day WeekendWeekday 10 Groups of 50 RevenueRevenue Picnic Reservation $ 50.00$ 50.00 Volleyball Use fee $ 10.00$ 10.00 Horsehoe Use fee $ 10.00$ 10.00 Ballfield Use fee $ 50.00$ 50.00 Bocce Ball Use fee $ 20.00$ 20.00 25 swimming fee at $ 75.00$ 75.00 $3.00 per person Total Revenue $ 215.00 $ 215.00 10 Groups at @ $215.( $ 2,150.00 $ 2,150.00 Total Expenses$ 2,335.50 $ 1,338.00 Total Profit/Loss $ (185.00) $ 812.00 500 Per Day Weekend Weekday Revenue $ 4,500.00 $ 3,000.00 .Expenses Office $ 418.00 $ 297.50 Lifeguards $ 654.50 $ 577.50 Maintenance $ 108.00 $ 108.00 Janitorial $ 48.00 $ 48.00 Pools $ 67.00 $ 67.00 Supplies $ 20.00 $ 20.00 Utilities $ 20.00 $ 20.00 Sheriff $ 800.00 $ ~,dministrative Staff $ 100.00 $ 100.00 Maintenance Staff $ 100.00 $ 100.00 Total Expenses$ 2,335.50 $ 1,338.00 Total Profit' $ 2,164.50 $ 1,662.00 The Commission supports the multi-use trail through the Corridor. They recommend that it meander through the Stocklmeir orchard, cross to the east bank through Blackberry Farm (with restoration on the west side), and then be further studied through McClellan Ranch, as facility planning is done by the nonprofits. Cupertino Center for Living History ~ The Cupertino Historical Society has proposed that living history programs could augment the natural history programs currently offered at McCellan Ranch. The Historical Society is also looking for a history museum location. There is broad support for this proposal. Summary We are asking the City Council to provide direction on: · Operating the park without a gated picnic area and designing the park accordingly ~ Support for the multi-use trail and the proposed alignment e The Center for Living History at McClellan Ranch Work with nonprofit organizations to determine how existing buildings at McCellan Ranch will be used and what other facilities might be needed. Determine parking, access, and other infrastructure needs Secure the services of consultants to refine these ideas into a master plan 2O Commence environmental review on the proposed changes and work with various agencies involved in the Corridor Contract with specialists in the development of a restoration plan for the Corridor Approach grantors for funds for the Corridor project Provide direction to staff and the Parks and Recreation Commission on moving forward with the Stevens Creek Corridor Master Plan. ® Determine whether or not we should continue to charge an entry fee · Reaffirm (or not) your commitment to a multi-use trail ~ Decide whether or not to incorporate the Cupertino Center for Living History into the planning for McCellan Ranch Park IMPACT OF BBF TRAFFIC ON NEIGHBORS PRESENT Bubb to McC!ellen to Byrne to San Fernando to BBF. there are~esidences adiacen, ,o, ' ' ' or with drlvewa),s qDening onto the route ~u,,,,~'qed h.~,, ~ . to have people use. POSS!BLE !fyou look at the other end of B. vme [tbr those who realize they don't have to.go the lon2.z way around) From the traffic ligh! at ~.C,B at Orange, up Orange, to Granada, to Byrne to Sam Fernando, to BBF. there ar 74~lots, most of them residences. Neither count lakes into consideration the residences on the stub roads that lead offthe :nam path, such as: San Femando Court.. the north end of ~vrne and the small roads off Granad.n PRAEFERR~D: SCB to opposite Phar La.p, and into BBF would 2-o past about 4~lots., most of which are commercial..A_nd all of which do not open. d~rectl ,' y onto Ste~.' .'ens Creek Boulevard. However, as al! of the _.propemes south of the Creston area, between Stevens Creek and Route 85 only have access via Stevens Creek Blvd. IPhar Lap.. and Mann.). This means there are potentia!tv hundreds of residences which could be aflbcted..(PII !et someone else count them..) The majority of these xvould only be affected ifth<¥ were t_riVing to get in or out during BBF traffic, whereas the houses aloag the Monm Vista roads are directly affected. PRESENT {200~) TRAFFIC COLrNTS Look at the trafi'/c loads shown, on the map from the General Plan. McClellan, which is a Neighborhood Streek acting as a Feeder. has about the same load as S,even~. . ~ ('mok~. . ~.n x'd _.nd ~nuN,_ ..~0.a.._. At the present t/me there isn't much conflict between school and B!ackbero., Farm Traffic. Open the~ark 365 days ayear, and there will be an even heavier load on McClellan. Bob Lex3, !5 September 2003 29000 33000 50O0 13000 Th. C~ Source: 22000 220OO 31OOO T~ C~ of 2100 -- LEOEND 5.O00Vehides Per Day 10,000 An excerot from Bay Area Hiker. internet address is http://www, ba hi kef.co m/so uth ba yhikes/sa wye rca m p. html Sawyer Camp Trail is one of the most popular recreation paths in the Bay Area. On any given day you are prone to encounter roller bladers, cyclists, strollers, joggers, and folks looking for easy exercise. The 6 mile paved trail stretches fi.om the shores of Crystal Springs Reservoir to San Andreas Lake, through protected San Francisco Watershed lands. Sawyer Camp is as close as most of us will ever get to the off- limits watershed property, which is a shame, since it looks pretty l~om this fenced-offtrail. Markers every half mile make it easy to track your progress as you travel Sawyer Camp Trail. Seasoned hikers will probably prefer one of the other dirt trails in nearby county parks, as walking on this paved trail definitely is not a wilderness experience. But for wheelchairs users and parents with young kids, Sawyer Camp Trail is a good choice for a gentle outdoor outing. It's also a great location to learn (or relearn) to ride a bicycle -- the southern part of the trail is almost perfectly flat, while the northern section has a slight grade. Begin at the sonthern trailhead. You can consult the map at the information signboard, but there's not much call for that, as there are no intersecting trails. The wide paved trail is split down the middle like a road; do stay to the right to avoid a collision with other tra'd users. Crystal Springs Reservoir Los Gatos Creek Trail Town of Los Gatos Los Gatos Creek Trail Page 1 of 3 These portions of the Los Gatos Creek Trail were completed in 1995. Come check it out! Now you can walk, bike, or jog from Lexington Reservoir to San Jose without having to get off and use congested Town streets. This 0.9 mile section is between Old Town and Blossom Hill Road adjacent to beautiful Los Gatos Creek. We hope you enjoy it. While you're here, come downtown, buy a cup of coffee, a cold drink, a snack, or a full meal at one of the many fine Los Gatos restaurants, or do some shopping. (There are bicycle and in-line skate shops downtown as well.) Scroll to the bottom of this page for a large map. This is an example of the beautiful scenery along the new section of trail. http://www.los-gatos.ca.us/los~gatos/residents/events/creek_trail/creek.html 9/15/03 ~=×eorpt from Santa Clara CounW new~ release, Parks Strate.q¥ Plan 2002} The Sunnyvale Baylands Park is operated by the City of Sunnyvale and has a unique blend of natural preserved wetlands areas, with the picnic and playground features of a traditional community park. Adjacent to the park is the Twin Creeks Sports Complex. The Park has 227 acres of space. Activities available are picnicking for small and large groups, paved and unpaved trail bicycling and hiking on nature trails. This park also has an outdoor amphitheater that allows outdoor concerts and public transit for those interested in visiting the Park. Excerpt from City of Mountain View, CA website: SHORELINE AT MOUNTAIN VIEW--Trails Stevens Creek Trail Stevens Creek Trail is currently open from Shoreline at Mountain View to Yuba Drive. The 4 mile section of paved all weather pathway contains 6 undercrossings, 4 pedestrian bridges, a major 1/4 mile overcrossing structure that spans Central Expressway, Evelyn Avenue, light rail and the Caltrain tracks and a 350 foot pedestrian/bicycle overpass spanning Highway 237. The trail provides users multiple experiences through woodlands, tidal marshes and city neighborhood parks. In addition to bringing a unique cmekside experience to unban residents and workers, the trail's easy connections to major bus routes, Cai Train, and light rail make it ideal for connecting to the city's North Bayshore businesses. The trail is open from dawn to dusk. Dogs are allowed on leash from Yuba Drive north to the Crittenden Trailhead which is an entrance to Shoreline at Mountain View. Dogs are not allowed in Shoreline at Mountain View. Parking is available at the Crittenden Lane, La Avenida, Whisman, Landels and Yuba Drive trailheads. For further information call 650/903-6392. http://www, nps.gov/juba/plan/appc-santaclara.htm Recreational Trail The Santa Clara County Anza Trail Task Force coordinated closely with the Santa Clara County Trail Master Plan Advisory Committee to identify multiuse recreational trails within the historic corridor which may be marked as the Juan Bautista de Anza National Historic Trail. These are shown in the Map Supplement. Some trail segments identified by the task force are the following: Bay Trail segments: · Baylands Trail in Palo Alto and Mountain View. · Guadalupe River/Coyote Creek Kimberl¥ Smith From: Sent: TO: Subject: Rev. Margo Tenold [revmargo(~earthlink.net] Monday, September 15, 2003 8:11 AM Kimberly Smith Steven Creek Corridor Dear Ms. Smith, I have lived in Cupertino for 31 years and am most concerned about the proposals being put forward for walking paths/bicycle paths through the Blackberry Farms Golf Course. The golf course has been there for years. It is one of the few courses in the area that is affordable and is suited for use by all segments of the population (young and old, men and women, working and retired, experienced players and newcomers). I oppose any movement to disfigure the golf course so that a trail can be put through the area. The San Antonio open space is only blocks away and offers ample opportunity for walking and biking. Any modification of the Blackberry Farm area would mean incurring a sizable expense for no reason. When this topic is discussed by the council, please read this aloud, as I am unable to attend in person. Sincerely, Margo Tenold Grace Johnson From: Chris Voci-Nam [voch1963@yahoo.com] Sent: Monday, September 15, 2003 10:29 AM To: Grace Johnson Subject: Strongly support multi-use for the Stevens Creek Trail in Cupertino Page 1 of 1 CUPERTINO CITY CLERK Hello Grace: I strongly support the Stevens Creek Trail in Cupertino to be a multi use trail for all recreational enthusiasts. I have been a Cupertino resident for the past 10 years now. I am an avid cyclist, runner, walker and love trails that can get me off the road. I also use my bike to commute and do errands, and again it is safer and more logical to have trails that get cyclists and other users off and out of major traffic zones. This trail would also be great for kids and families to bike and walk and be together. Furthermore, for the kids who are just learning how to ride a bike, they can feel safe and secure being off the main road. Thank-you for listening. Chris Voci-Nam Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design sofavare 9/15/2003 Grace Johnson From: Richard Andrews [randrews@arc.nasa.gov] Sent: Monday, September 15, 2003 12:40 PM To: Grace Johnson Subject: Multi use trail needed ] SEP 15 2002 CUPERTINO CITY CLERK Cupertino City Council, Please vote in favor of multi-use status for the Steven's Creek Trail. There is a serious need for more mountain biking trails in our area. Many mountain bikers will volunteer to keep the trail maintained and safe. Please allow the mountain biking community access to the Steven's Creek Trail. Thank you for your consideration, Richard Andrews 10308 Alpine Dr. Apt.B Cupertino, CA 95014 Karen Bernard From: Clysta Seney [clysta@igc.org] Sent: Saturday, September 13, 2003 12:48 PM To: City Clerk Subject: Letter for City Council: Agenda Item 25 on 9 15 03 Honorable Mayor and Council Members SEP ~ 5 3~03 ~ CUPERTINO CITY CLERK I am writing this letter regarding item 25 on the September 15th Cupertino City Council meeting because I am unable to attend. I am sending the letter to your City Clerk with the request that copies be provided to the Mayor and all Council members prior to the meeting. I am urging the Council to modify the recommendation from the Park Commission regarding the alignment of the Stevens Creek Trail in the Nature Preserve area of McClellan Ranch Park. At a minimum, please keep the McClellan Ranch portion of the trail narrow and reroute all fast-wheeled vehicles and recreation around the Park. Among other things, this Nature Preserve is home to nesting bluebirds and a host to environmental education for our children. By allowing a wide multiuse trail through this preserve you will create a transportation corridor that will negatively impact both the current educational use of the preserve as well as the current wildlife inhabitants of the preserve. I spoke to such issues when the County of Santa Clara had hearings on their Master Trail Plan for the County. My comments were acknowledged as valid; however, they were discounted because "these matters were appropriate only when particular creek trail plans were considered, not for the Master Plan". Well, this is the time for me to speak again. McClellan Ranch Park is a very small, dedicated Nature Preserve and it should not be compromised by a multiuse trail. Ask yourself: Would I agree to a multiuse trail through a soccer field? A_nd then think about all the citizens who use and enjoy the sanctuary of MRP's Nature Preserve -- and who thought they had protected it years ago. These people have a right to enjoy a peaceful nature experience just as much as the people who enjoy that soccer field. Please do not take away from their experience or impact the wildlife in this preserve by putting a multiuse trail through McClellan Ranch Park because that is where the open space is. Thank you for your consideration. Respectfully, Clysta Seney, Director, District 3, Santa Clara County Open Space Authority Director, Santa Clara Valley Audubon 408-261-9431 Page 1 of 2 Grace Johnson From: Paul Nam [vocinam@yahoo.com] Sent: Monday, September 15, 2003 4:32 PM To: Grace Johnson Subject: Letter to City Council concerning the Stevens Crk Trail Dear Cupertino City Council, Please designate the City of Cupertino section of the Stevens Creek Trail a multi-use trail. Such a designation will ensure that present and future cyclists, joggers, and hikers will have fair access to this recreational resource. In regards to impact on conservation issues Black Berry Farm and McClellan Ranch Park, I think that multi-use designation will have no negative effects. While it is tree that McClellan Ranch park was found upon the spirit of a natural (and cultural) preserve, the proposed route of the Steven's Creek Trail will not infringe upon this concept. This is because the proposed route bypasses the riparian zone, and passes along a boundary of the park beyond the community garden, where an old asphalt driveway already exists. In fact the trail will bring aesthetic improvements to the part of the park it skirts. The existing walking trails along the creek must be off limits to bicycles, and steps must be taken to ensure that the trail is both well signed and inaccessible to bicyclists. The section of the trail that passes along Black Beny Farm has been designed with care towards the needs of the community it passes through, and compromises have been made on all sides. The trail itself is a capital improvement, enhancing property values, which homeowners should be happy about. It is my opinion that more advanced cyclists will not be using this trail, instead resorting to alternative routes for quicker access to other areas. The Stevens Creek Trail will be primarily used by local residents and their families. Student's will benefit from this alternative to busy streets as well. Occasional visitors will be attracted to the experience of being able to walk or ride from the Bay to the hills. This fundamental concept ora continuous trail is paramount both as a practical route as well as a historical and cultural feature. The Stevens Creek Trail will enhance recreational opportunities and provide access to beautiful areas for contemplative and active enjoyment. Such trails are also a great resource for the handicapped, and I encourage plans to include their needs as well. Giving the public responsible and well designed access to a nature experience will go a long way toward educating people, young and old, about conservation issues and why such preserves, like McClellan Ranch Park are priceless. Thank you for receiving these comments. Regards, Paul Nam President ROMP 9/15/2003 Page 1 of 1 Grace Johnson From: Mavis Smith [mjms@ix.netcom.com] Sent: Monday, September 15, 2003 4:57 PM To: Grace Johnson Subject: Stevens Creek Trail Impact on Mc Cllelian Ranch Park To the City Council: I am unable to attend tonight's meeting. I am concerned about this nature preserve area. If the trail can be rerouted, that would be ideal. If not, please give careful consideration to minimizing the impact on wildlife habitat in this preserve. We humans continue to take more and more land as though the other creatures did no mater. They do. Birds, plants and the non-human animals have too few advocates. I can understand the advantages of multi-use-use trails, but we humans also have poor manners. On a recent hike in Sawyer Camp area I was rather upset by the speed and rudeness of the wheeler vehicle people. There seems to be a need for speed that becomes dangerous to slower moving folks and children. Please consider carefully and leave as much land to walking trail and wildlife habitat as possible. Thank you for considering my concerns. Mavis Smith 22734 Majestic Oak Way Cupertino, CA 95014. 9/15/2003 I am Jack Goodman and I live at 10374 San Fernando Ave in Cupertino. I am concerned with the present entrance to the Blackberry Farm/Stevens Creek Corridor. Re.qardinfl Vehicular Access to the Stevens Creek Corridor I agree with the comments made by staff in the video kits regarding moving the entrance from San Fernando Ave. Why a Stevens Creek Boulevard Entrance Makes Sense: 1. Stevens Creek Boulevard is near major arteries such as highway 280, highway 85, and Foothill Boulevard and has a public transportation route (VTA). 2. It is easy to find. 3. This entrance saves over 2 miles round-trip for each visitor. For buses that drop visitors off, that's over 4 miles. 4. This entrance provides the visitor a unified experience of the Golf Course, Stockelmeir, and Picnic areas along with a delightful walk through the riparian corridor. Why a nei.qhborhood entrance doesn't make sense: 1. The current route to Blackberry Farm goes through the worst traffic area (as reported by the Public Safety Commission) in Cupertino. The streets of Monta Vista are already overburdened by increased housing, school traffic, and overflow traffic. One way to mitigate these problems is to relocate the entrance. 2. The residential streets in Monta Vista are narrow and nearly unwalkable. They are variable in width due to some properties having sidewalks and/or curbs and gutters, and this forces pedestrians to walk in the middle of the street. The Cupertino's General Plan emphasizes pedestrian-friendliness. Did you know that being hit by a car while walking or biking is one of the leading causes of injury deaths for California children aged 5 to 127 3. There are numerous cars, commercial diesel trucks, and diesel buses running through this neighborhood? Does anyone know how many? All these vehicles need to make an outrageous detour due to a temporary solution that was made years ago. Now the city council has an opportunity to make a change. Written communication submitted by Bill Fry, 10351 San Femando Avenue ENVIRONMENTAL SENSITIVITY AT BLACKBERRY FARM PICNIC GROUNDS There's been a lot of talk about protecting McClellan Ranch. I think that's great. Now it is time to talk about protecting the corridor within Blackberry Farm. Did you know that the citizens of Cupertino voted to buy Blackberry Farm on a campaign slogan to "save the trees?" Yet we're losing a lot of the big trees by the creek at Blackberry Farm. Why are we losing these trees? Why are so many being cut down? Why did the City add asphalt within the drip line of these trees? Why allow parking so close to the trees and the creek? Where is the stewardship for this land? There's a lot of talk about restoring the creek and creek habitat. The trees protect the creek. The trees that are vital to the creek are also vital for our enjoyment. It is time to make a change and the time is now. The only uses that are compatible with the ecology of the corridor and enhance the visitor experience are Iow-density non-competitive ones. People can visit people anywhere - but you just can't visit a place like this anywhere As suggested in the design kits, lower-impact uses should be in the center of the corridor. We need to get cars out of the corridor. If you want to have a picnic near your car, then go to McDonalds. Some of you will say that the location of the pools dictates parking. I say, if you can swim, chances are that you can walk to the pools from the Stevens Creek Boulevard entrance, it is only a few hundred yards. What will happen after the pools have served their useful life? Will we have built an infrastructure to support the location of badly located pools? Let's look at the long view and get the cars out of the corridor. The purpose of this land should be to get away from cars and enjoy this unique riparian corridor. Let our visitors see trees, not cars. Facilities on San Fernando Entrance · Existing Pools, Lawn Area, Picnic Ground, Child Playground, Parking Lots, Park Office, Snack Bar, Recreational Center · Newly Proposed: Trail, Multi-Purpose Shed, Large Group Picnic Area · It is already overcrowded near San Fernando entrance and affect the living quality of the residences and natural habitats. · New facilities should be distributed to avoid overloading the area. BBF Entrance · 60+ Residence homes on the traffic route to BBF from either Stevens Creek Blvd or McClellan Rd. · McClellan already has heavy traffic from 3 local schools. Open BBF for public and trail use will make it worse · Only reason givens so far for not moving the entrance is to avoid cutting a road through the park · There are simple/better alternatives: distribute and move facilities near the 3 different entrances to minimize traffic and active recreation activities to the neighborhood. Trail Alignment in BBF (Con't) Facts - Distance from Stevens Creek to Residence (Segment near San Fernando Entrance): · East: ~-80 ft · West: ~180 ft · On West Bank, Fences and Road Between Residence and Park · On East Bank, Direct Impact to Residence by Park Operation. · Why take East Alignment when it has worse impact to the residence? Trail Alignment in BBF West Bound: 2001 Original Trail Task Force Proposal East Bound: 2002 Task Force Feasibility Report West Bound: 8/13/03 Combined Public and P&R Consensus Map East Bound: 9/15/03 Commission Recommendation .While the changes reflect the challeng .es to the fit the trail ~nto a narrow space surrounded by residence, it also make people wondering what the alignment recommendation is based on, or baseless. Council Meeting Monday Agenda Item Karen Bernard From: Rhoda Fry [fryhouse@earthlink.net] Sent: Sunday, September 14, 2003 12:08 To: City Clerk Subject: Council Meeting Monday Agenda Item Hi Klm: Page 1 of 1 CUPERTINO CITY CLERK I plan to comment on the following agenda item and request that the ordinance be read in its entirety prior to public comment. Thanks! Rhoda 26. Second reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of Cupertino Amending Chal>ter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of Clarification." See you Monday Night --- Looks like it is going to be a loooooooong night. I sure wish I were a coffee drinker, I think I'd need it. :) Rhoda 9/15/03 EXHIBITS END HERE