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CC 07-06-04 CI F CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING PLANNING COMMISSION - SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 3:00 p.m. - Blackberry Farm Conference Room, 21975 San Fernando Ave. 4:30 p.m. - Blackberry Farm Conference Room, 21975 San Fernando Ave. 6:45 p.m. - City Hall Council Chambers, 10300 Torre Ave. Tuesday, July 6, 2004 CITY COUNCIL MEETING ROLL CALL - 3:00 P.M. BLACKBERRY FARM STUDY SESSION 1. Discuss the process for evaluating the City Attorney position. RECESS ROLL CALL - 4:30 P.M. BLACKBERRY FARM STUDY SESSION 2. Joint study session (City Council and Planning Commission) to review the proposed development of 138,500 square feet of retail space, 204 residential units and a parking garage at Val1co Fashion Park ("Rosebowl" site at Wolfe Road and Val1co Parkway). RECESS PLEDGE OF ALLEGIANCE - 6:45 P.M. COUNCIL CHAMBERS ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation recognizing Teen Commissioner Danh Trang. (No documentation in packet). July 6, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 2 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 trom 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. 4. Approve the minutes trom the June 17 and 21 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for June 18 and 25, Resolution Nos. 04- 346 and 04-347. 6. Adopt a resolution accepting Payroll for June 18, Resolution No. 04-348. 7. Accept the Treasurer's Budget Report for May 2004. 8. Adopt a resolution setting a hearing date of July 19 to provide for lien assessments and collection resulting trom abatement of a public nuisance (brush and weeds), resolution No. 04-349. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 9. Consider approving Application No.(s) ASA-2004-06, EXC-2004-06; Dahlin Group, Inc.; Southwest corner of Rodrigues and Torre Avenues; APN 369-40-017: a) Architectural and site approval for a 51-unit townhome development as part of the Civic Park approval b) An Exception to the Heart ofthe City Specific Plan 10. Consider approving Application No.(s) ASA-2004-07; Ren Bates / Carducci Associates; Town Center Lane; APN(s) 369-40-002, 369-40-016, and 369-40-017: a) Architectural and site approval for an approved park space as part of the Civic Park development July 6, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 3 PLANNING APPLICATIONS 11. Consider denying Application No.(s) M-2004-03, TM-2004-04, EA-2004-06; Deke Hunter; 10430 S. De Anza Blvd., APN 369-40-002: b) a) A modification to allow the conversion of an existing two-story office building into office condominiums A tentative map application to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development) UNFINISHED BUSINESS NEW BUSINESS 12. 13. Adopt a resolution authorizing the City Manager to make any future adjustments to Parks and Recreation fees, Resolution No. 04-350. Approve fiscal year 2004-05 terms and conditions of employment for the bargaining unit represented by Operating Engineers Local Union No.3 (OE3): a) Amend the Memorandum of Understanding between the City and the Operating Engineers Local Union No.3 (OE3), Resolution No. 04-351. b) Fix the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act) for OE3, Resolution No. 04-352. c) Establish a health benefit, vesting requirement for future retirees under the Public Employees' Medical and Hospital Care Act, Resolution No. 04-353. ORDINANCES 14. 15. Conduct the second reading of Ordinance No. 1939 prohibiting skateboarding and rollerblading at Cali Mill Plaza and Civic Center Plaza: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.08.270 Related to Skateboarding and Roller Skating at the Civic Center Plaza." Conduct the second reading of Ordinance No. 1940: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.100 and 11.29 of the Cupertino Municipal Code Related to Parking Regulations." July 6, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 4 STAFF REPORTS 16. Receive report on Blackberry Farm maintenance. 17. Receive report on financial review of festivals. (No documentation in packet). COUNCIL REPORTS CLOSED SESSION 18. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Carol Augustine, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No.3. ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In 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. .. CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone, (408) 777-3223 FAX: (408) 777-3366 www.cupertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No.l Meeting Date: July 6, 2004 SUBJECT AND ISSUE Discuss the process for evaluating the City Attorney. BACKGROUND City Council expressed interest in developing a process for evaluating the City Attorney on an annual basis. Attachment A contains the section of the Code dealing with the City Attorney. Attachment B is a proposed policy for evaluating the City Manager and the City Attorney. Attachment C is an evaluation instrument for the City Manager and Attachment D is another for evaluating the City Attorney. In preparing for this study session, we requested information from neighboring cities. Attachments E and F describe the process used by Sunnyvale and Mountain View respectively. Mountain View evaluates its City Attorney on an annual basis. The evaluation is done in memo style explaining the City Attorney's accomplishments, goals and areas for further development. The Mayor and Council have specific policy guidelines they follow. Sunnyvale's current review process provides a comment form, performance criteria and numerical weighting information for the City Attorney contained in the Performance Review Handbook. The handbook is distributed to the City Council every fall and provides an overview of the review process and timeline. RECOMMENDATION: Review the attached material and develop a strategy for evaluating the City Attorney position. Submitted by: ~ David W. Knapp City Manager Printed on Recycled Paper 1- 2.18.010 CHAPTER 2.18: CITY ATIORNEY Section 2.18.010 Office of the City Attorney established. 2.18.020 Function and duties. 2.18.030 Council-Attorney relations. 2.18.040 Attorney-staff relatioll8. 2.18.050 Relations betWeen Attorney and individual members of the public. 2.18.060 Bond. 2.18.070 Acting City Attorney. 2.18.080 Agreements on employment. 2.18.090 Assistants and employees. 2.18.100 Eligibility. 2.18.110 Suspension-Removal-Resignation. 2.18.010 OMce of the City Attorney Established. A. The office of the City Attorney, as set forth in Government Code Section 36505, is established. The City Attorney shall be appointed by the City Council wholly on the basis of his or her qualifications. The City Attorney shall hold office for and during the pleasure of the City Council. B. The office of the City Attorney shall consist of the City Attorney and such assistants as may be authorized by the Council. C. The City Attorney shall administer the office, be responsible for the successful performance of its functioll8, and shall serve under the direct supervision and control of the Council as its legal advisor. D. The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. (Ord. 1673, § 1 (part), 1994) 2.18.020 Function and Duties. The functions of the office of the City Attorney shall be to: A. Advise the Council and all City officers in all matters pertaining to their offices; B. Furnish legal services at all meetings of the Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards, commissions, committees or officers; C. Prepare and/or approve all ordinances, reso1utioll8, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the City and approve the fonn of all contracts, agreements, and bonds given to the City; D. Provide the necessary legal services required in connection with the acquisition of land or easements on behalf of the City; E. Subject to the general direction of the Council, prosecute and defend the City, and all boards, officers and employees in their official capacities, all civil proceedings before judicial and quasi-judicial tribunals. The City Attorney shall not compromise, senle or distniss any action for or against the City without permission of the City Council. Nor shall the City Attorney commence any civil action without the permission of the Council. F. Prosecute all violations of City ordinance; provided, however, that the City Attorney is not required to prosecute any misdemeanor or infraction within the City arising out of a violation of State law. (Ord. 1673, § 1 (part), 1994) 2.18.030 Council-Attorney Relations. Individual Councilmembers may seek and obtain legal advice from the City Attorney on any matter or matters pertaining to the legal position of the City. Any such advice given to individual Councilmembers, however, may be repeated to the entire Council at any regular or special Council meeting. With respect to advice to individual Counci1members regarding potential conflicts of interest, the City Attorney may render informal advice; provided, however, that it is understood that a Councilmember is automatically protected from potential liability for conflict of interest only upon taking action which conforms to a written opinion issued by the California Fair Political Practices Commission. (Ord. 1673, § 1 (part), 1994) 2.18.040 Attorney-StafJ Relations. At the beginning of each fiscal year, the City Anorney and City Manager shall meet and confer in good faith regarding the allocation of the City Attorney's time among City departments. Any department exceeding its allocated time during the fiscal year must obtain theCity Manager's 17 ATTACHMENT A I R--I z.¡8.040 Cupertino. Administration and Personnel 18 written approval for additional time. The City Attorney and City Manager shall meet and confer on a regular basis for the purpose of adjusting time allocatiOIl8 among departments. (Ord. 1673, § 1 (part), 1994) 2.18.050 Relations Between Attorney and Individual Members of the Public. . Consistent with the functions and duties. of the City Attorney's office described in Section 2.18.020 of this chapter, the City Attorney or the Assistant City Attorney may, but is not required, to meet or discuss any matter with individual members of the public, legal counsel, or the media. (Ord. 1673, § 1 (part), 1994) 2.18.060 Bond. The City Attorney shall furnish a corporate surety bond to be determined and approved by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Attorney as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City. (Ord. 1673, § 1 (part), 1994) 2.18.070 Acting City Attorney. A. The Assistant City Attorney shall serve as City Attorney pro tempore during any temporary absence or disability of the City Attorney. B. In the event there is no Assistant City Attorney, the Council shall appoint a qualified attorney to act as City Attorney pro tempore. (Ord. 1673, § 1 (part), 1994) 2.18.080 Agreements on Employment. The terms and conditions of employment of the City Attomey shall be established by ordinance or resolution of the City Council. (Ord. 1673, § 1 (part), 1994) 2.18.090 Assistants and Employees. Notwithstanding the provision of Section 2.52.100 of the Municipal Code, but subject to the other applicable provisions of Chapter 2.52, the City Attorney shall appoint, discipline and remove all assistants, deputies, and employees under his or her authority. (Ord. 1673. § 1 (part), 1994) 2.18.100 Eli&ibility. No person elected or appointed as a Council-person of the City shall, subsequent to taking office as Councilperson, be eligible for appointment as City Attorney until one year has elapsed after the Counci1member has ceased to be a member of the City Council. (Ord. 1673, § 1 (part), 1994) 2.18.110 Suspension-Removal-Resignation. A. The removal of the City Attorney shall be only on a majority vote of the entire City Council. A resolution of intention to remove the City Attorney shall first be passed at any regular or special meeting of the Council. The resolution shall specify the reason or reasons for the removal and state whether the City Attorney is to be suspended from his duties upon passage of the resolution. It shall also state a date and time for a hearing at a regular or special meeting of the Council to be held at the usual meeting place of the Council. The hearing date shall be no less than tWo weeks nor more than four weeks from the date of passage of the resolution. Within one week after passage of the resolution, a copy thereof shall either be served personally upon the City Attorney or sent to him or her by registered mail, receipt requested, at his last known address. The hearing shall be open to the public if the City Attorney so requests in writing by notifying the City Clerk at least five days prior to the date set for the hearing. B. At the time set for the hearing, the City Attorney shall have an opportunity to answer the reason or reasons given for his or her removal. Nothing herein contained, however, shall be construed to require the Council or any of its members to substantiate or prove the reason or reasons for the removal as a condition of the removal, it being the intention of the Council that the City Attorney shall hold office only at the discretion of the Council and may be removed at any time by following its procedure set forth in this section. At the hearing, the Council shall take final action on the resolution, either to carry out his or her removal or to retain him or her. If the action is to remove the City Attorney, his or her removal shall be effective until at least two weeks have expired from the date of the hearing. Failure of the City Council to adopt a motion or resolution for removal shall be deemed a rescission of the resolution of intention. C. The City Attorney shall be entitled to receive his or her regular compensation during the period betWeen the passage of the resolution and the effective date of his or her removal. D. The City Attorney may resign from his or her position upon at least four weeks' written notice given to the City Council. (Ord. 1673, § 1 (part), 1994) (fI- J.. DRAFT Policy for Evaluating the City Manager and City Attorney Purpose The purpose of this policy is to provide a framework for annually evaluating the City Manager and City Attorney. Policy Guidelines 1. Background Giving and receiving feedback on performance is crucial to both the City Council and its appointed employees. While this feedback needs to occur throughout the year, at least once annually the City Council needs to provide this feedback with all members present. Communication is the key to any effective organization. 2. Timing The annual evaluation of the City Manager and City Attorney will occur each fall with any additional evaluation sessions as the City Council may deem appropriate. 3. Process At least one week in advance of the evaluation date the City Manager and City Attorney will submit an annual report of activities and a copy of the evaluation instrument (Attachments C and D) to each council member. Council members will review the report and make notes on the evaluation instrument. The City Council will then convene in closed session and evaluate the City Manager and City Attorney separately. At the conclusion of the evaluation, the Mayor will consolidate the comments of Council Members and sign the consolidated evaluation instrument. Attachment B I ß-I CITY OF CUPERTINO CITY MANAGER PERFORMANCE APPRAISAL Appraisal Period: Rate the City Manager's performance on a 1 to 10 basis (10 being excellent) in the following areas: 1. MANAGEMENT SKILLS a) Goals Achievement: The Manager should effectively implement Council policy by accomplishing the annual Council Goals. Rating: Comments: b) Bud2et and Finance: The City Manager should prudently manage the finances ofthe City within Council policies, prepare realistic budget proposals, keep the Council informed of the City's present and anticipated financial status and find innovative solutions to financing City services. Rating: Comments: c) Community Relations: The City Manager should represent the City well to the public and to other organizations and agencies, gain the trust and confidence of the public, be sensitive to individual and community needs, and foster contact and cooperation among citizens and community organizations. There should be timely response to citizen inquiries and complaints. Rating: Comments: ATTACHMENT C I C ~I d) Personnel Mana2ement: The Manager should develop the competency and capabilities of the City staff, ensure capable and competent people are selected to fill City positions and foster the personal and professional development of replacements for known staff vacancies. Rating: Comments: e) Operational Mana2ement: The Manager should plan, organize and supervise the ongoing programs and services. Rating: Comments: f) Overall Performance: Taking into consideration all of the above management dimensions, please rate the Manager's overall performance for the appraisal period. Rating: Comments: II. PERSONAL SKILLS a) Communication: The written and oral communications from the Manager should be effective, clear, concise and understandable. Rating: Comments: 1(-.3- b) Council Relations: The Manager should maintain effective communications and working relationships with the Council as a whole and individual Councilmembers. The Manager should inform Councilmembers of city activities. Rating: Comments: c) Initiative and Innovation: The Manager should continually examine current methods and operations looking for new ways to achieve improvements and efficiencies. The Manager should encourage the City staff to be creative, to take risks in trying new ideas. Rating: Comments: d) Jud2ment: The Manager should have well thought out reasons for recommendations and decisions. The pros and cons should be reviewed and advice solicited when appropriate. Rating: Comments: e) Plannin2: The Manager should anticipate the changing needs of the community and organization, identifY potential problems in the community before they occur and bring solutions and alternatives to the Council on how to plan for the future and avoid problems. Rating: Comments: I c- 3 Date: f) Follow-Up: The Manager should carry out actions and activities in accordance with assigned Council direction. This should be accomplished in a timely fashion with a minimal amount of prompting from the Council. Rating: Comments: g) Plan for Personal/Professional Development: The Council and Manager should agree on any skills to be improved, knowledge to be acquired or other things to be done to help in the continued development of the Manager. The Manager should maintain a healthy balance between the job and his personal/family life. Rating: Comments: Mayor City Manager I [-'I CITY OF CUPERTINO CITY ATTORNEY PERFORMANCE APPRAISAL Appraisal Period: Rate the City Attorney's performance on a 1 to 10 basis (10 being excellent) in the following areas: I. QUALITY OF ADVICE TO COUNCIL, COMMISSIONS AND CITY STAFF The Attorney should provide clear, accurate, and timely legal advice to City Council, commissions, and staff. Rating: Comments: II. QUALITY OF ORDINANCES, RESOLUTIONS, AGGREEMENTS, CONTRACTS, BONDS, AND OTHER LEGAL INSTRUMENTS REQUIRED IN THE CONDUCT OF CITY BUSINESS Rating: Comments: III. QUALITY OF LEGAL SERVICES IN CONNECTION WITH LAND ACQUISATION AND DISPOSAL, LEASES AND EASEMENTS Rating: Comments: Attachment D IÞ-/ IV. QUALITY OF PROSECUTION REQUIREMENTS IN CONNECTION WITH CITY Rating: Comments: V. QUALITY OF DEFENSE OF CITY ACTIONS Rating: Comments: VI. COMMUNICATION Ability to communicate thoughts and ideas orally and in written form, and have them understood by others; ability to carefully listen, observe, understand, and respond to what is communicated by others; skill in preparing written documents in a thorough and professional manner; skill in well-prepared, well-articulated, concise and understandable public presentations. Rating: Comments: VII. JUDGMENT/PROBLEM SOLVING Ability to identify and resolve complex problems through use of sound methods and application of creative solutions; thoroughness of analysis and degree of objectivity and foresight; skill in making sound decisions and considering possible alternatives Rating: Comments: 11)- ).. VIII. EFFICIENCY Date: The City Attorney should provide the best possible service at the lowest reasonable cost. The cost of City Attorney's office should be compared with the cost of comparable operations. Rating: Comments: Mayor City Attorney ID-5 RTC#02-38 I Page I of 11 Previous Council Item List of Council Meetings Nexl Council Item List of Reports to Council CorrespondinQ Agenda Sunnyvale Home Page City of Sunnyvale September 24, 2002 SUBJECT: REVISED PERFORMANCE REVIEW PROCESS FOR THE CITY MANAGER/CITY ATTORNEY REPORT IN BRIEF The Council appointed an ad-hoc subcommittee in early 2002. Its charge was to examine the performance review process for both the City Manager and City Attorney. The Committee has examined the current performance review process and is making a number of recommendations to the City Council to revise the current process. The recommendations are summarized below: . Revise the annual performance comment form to allow for more detailed input from the Council through the use of a questionnaire / rating/ comments form. . Revise the City Manager/City Attorney reporting format to allow greater detail on Program Performance. . Provide for a 360-degree review process, under the management of a facilitator, to gather management assessments from the direct reports of the City Manager and City Attorney for the Council evaluation. . Direct staff to examine and recommend revisions to the current employee survey to obtain better feedback to the Council on management processes and the performance of the two Council employees. . Revise the review meeting process to accommodate a facilitated meeting. . Add additional meetings to allow Council to review the performance criteria and set specific goals and priorities for the City Manager and City Attorney each year. . Revise the review timeline to better accommodate the existing budget cycle and potentially study the current process to look for ways to streamline it. BACKGROUND Current Review Process: The current review process provides that a comment form, performance criteria and numerical weighting information for both the City Manager and City Attorney, contained in the Performance Review Handbook, is distributed to the City Council every fall, prior to the formal Performance review meetings for the City Manager and City Attorney. Additionally, the handbook provides an overview of the review process and the timeline. If-I ATTACHMENT E http://sunnyvale.ca.gov/200209/rtcs/02-381.asp ó/2';/?OO4 IÜC#02-381 Page 2 afll The performance measures for the City Manager is organized into 4 broad topics (with a number of sub categories), each with a numerical weighting: . Budget and Service Delivery Performance (45%) . Policy and Planning (25%) . Management (20%) . Professional and Career Development (10%) Similarly, the City Attorney performance measures are divided into four broad categories (and associated subcategories) with suitable weightings: . Provision of Major Legal Services (45%) . Provision of Legal Services - Routine Internal Activities (25%) . Management (20%) . Professional and Career Development (10%) Also contained in the Handbook is a list of questions for each measure that Councilmembers are advised to consider as they determine a numerical rating and provide written commentary for each of the 4 categories. Both the City Manager and City Attorney are required to submit their annual report to the City Council. The City Council, as a group, then meets with the City Manager and City Attorney separately to discuss their performance and the contents of their report. Subsequently, each Councilmember is then required to 1. Complete the ratings form by providing a numerical rating (50 to 100) for each of the four categories and submitting it to the Director of Human Resources. 2. Complete the comment form by commenting on each of the four performance categories and submit it to the Mayor. The Mayor then works with Human Resources Department to sign and issue the letter of transmittal to the City Manager and City Attorney with the attached Council comments, the Council ratings summary and the Personnel Action Form (PAF). The Council currently also implements a mid-year meeting with both the City Manager and the City Attorney to provide additional on-going verbal comments and discuss any timely issues. Performance Outcomes Agreements: Currently the City makes use of a Performance Outcome Agreement between each manager and their supervisor as the primary tool for establishing and measuring performance. The Agreement is an outcome-based method for establishing performance expectations. The Agreement defines the manager's responsibility for three types of performance: 1. Service Delivery 2. Special Projects 3. Commitment to Excellence ff-J- http://sunnyvale.ca.gov/200209/rtcs/02-381.asp />/?<;/?nnLl RTC#02-381 Page 3 of I I The year end results for assigned Programs, Service Delivery Plans (SDP) and one time projects are measured and evaluated on their own merits. Those agreements form the documentation to support the annual reports that the City Manager and City Attorney submit to the City Council. They also form the basis for the evaluation of individual manager achievement. As detailed in the Performance Outcomes Agreement Manual, the Agreement is formatted into three parts: 1: Service Delivery Manager and supervisor agree on assigned programs, service delivery plans, and 1a: Service Outcomes service delivery improvement projects. 1 b: Service Delivery Improvement Projects /2: Special Projects Manager and supervisor agree on work expectations for assigned special projects 3: Commitment to excellence Manager and Supervisor review Commitment to Excellence expectations for professional behavior and skills as well as any professional behavior and/ or skills requiring special focus or attention Table 1: Performance Outcome Agreement format EXISTING POLICY The Sunnyvale City Charter does not provide any direction concerning the review process for either the City Manager or the City Attorney. Section 801 does outline the salary setting process for the City Manager: Section 801: Compensation. The City Manager shall be paid a salary commensurate with his/her responsibilities as chief administrative office of the City, which salary shall be established by ordinance or resolution. (Amended effective December 31, 1975) The salary for the City Attorney is not discussed within the charter but Section 900 permits employment for both officers through written contract: Section 900: Officers to be appointed by the City Council. In addition to the City Manager, the City Council shall appoint the City Attorney. The City Manager and the City Attorney may be employed through written contracts, notwithstanding the appointive and removal authority otherwise provided in this Charter for the City Council.... Both contracts for the City Manager and City Attorney provide for an annual performance review with virtually the same language: ¡City Manager Contract! ([-3 http://sunnyvale.ca.gov/200209/rtcs/02-381.asp ¡;¡~~/~(\(\A RTC#O2-38 I Page 4 of1] Section 6. Performance Evaluation The City Council shall review and evaluate the performance of the City Manager by December 1 of each year. Such review and evaluation shall be in accordance with the specific criteria developed by the City Council in consultation with the Director of Human Resources and La Sala. The City Council shall provide [La Sala with their written comments and may discuss the review with La Sala, at the choice of either the City Councilor the City Manager. [City Attorney Contract] Section 6. Performance Evaluation The City Council shall review and evaluate the performance of the City Attorney by December 1 of each year. Such review and evaluation shall be in accordance with the specific criteria developed by the City Council in consultation with the Director of Human Resources and Armento. The City Council shall provide Armento with their written comments and may discuss the review with La Sala, at the choice of either the City Council or the City Attorney. The contracts also outline the Salary setting process as well: [City Manager Contract] Section 4. Salary A. Annually the City Council shall establish a control point salary for the City Manager which shall be competitive and shall have a reasonable spread above the next highest paid municipal official of the City of Sunnyvale. The effective date for the control point shall be the first pay period of each fiscal year, even if the control point is established at a later time. The starting salary is $135,662.00. B. Pursuant to the City's "Pay for Performance Plan", the City Council shall conduct an annual review of the City Manager's performance and establish an annual performance rating for La Sala. Annual salary shall be based on the sum payment under the "Pay for Performance Plan" but shall have his salary established as a percent of the control point pursuant to the Performance Pay Matrix, attached as Exhibit "A" and incorporated by reference. [City Attorney Contract] Section 4. Salary Section 4. Salary A. Annually the City Council shall establish a control point salary for the City Attorney which shall be at ninety percent (90%) of the control point established /p-Lf http://sunnyvale.ca.gov/200209/rtcs/02-381.asD t:¡'>"¡'>AAA RTC#02-381 Page 5 of 11 for the City Manager. The effective date for the control point shall be the first pay period of each fiscal year, even if the control point is established at a later time. B. Pursuant to the City's "Pay for Performance Plan", the City Council shall conduct an annual review of the City Attorney's performance and establish an annual performance rating for Armento. Annual salary shall be based on the control point and the "Pay for Performance Plan". Armento shall not receive any lump sum payment under the "Pay for Performance Plan" but shall have her salary established as a percent of the control point pursuant to the Performance Pay Matrix, attached as Exhibit "A" and incorporated by reference. DISCUSSION Council Questionnaire/Comments form The subcommittee gathered and reviewed the performance review process for both the City Manager and City Attorney from a number of cities throughout the country. We also reviewed some information provided by the ICMA. While no consistent theme was apparent, a number of cities provided for a questionnaire form with detailed questions to gather the council's perspective on very specific matters. Those questions typically were formatted with a simple linear scale to provide a spectrum of responses. Those scales were either a numerically based one, typically 0 through 5, or a range of phrases to describe the Councilmember's evaluation, as in "StTOngly Agree" all the way down to "Strongly Disagree". The questionnaire often provided some basis for the subsequent salary determination. Interestingly, the ICMA provided an article that suggested that the City Manager Salary be totally independent of the performance ratings. The range of questions in those other documents was similar to, but distinctly different than, the criteria that Sunnyvale Council uses to evaluate it's two employees. The committee liked the addition of a questionnaire to allow for a more detailed input back to the City Manager and the City Attorney but felt that the questions should reflect the City of Sunnyvale's existing values and performance measures. To create the proposed questions, the subcommittee utilized the detailed questions contained in the existing Handbook. To supplement those questions, the committee added questions from the City's Guiding Principles initiative. This initiative is an attempt to define an ethical framework for the existing management system. The Principles are summarized in a small handout that addresses ethical behavior related to: . Public Service . Respect and Recognition . Leadership . Honesty and Integrity The subcommittee felt that it was appropriate and essential to provide the same framework, designed for the City Directors and Managers, for the City Manager and IE-5 http://sunnyvale.ca.gov/200209/rtcs/02-381.asp /)/?<;/?nn<i RTC#02-38 I Page 6 of 11 City Attorney. The proposed Questionnaires for the City Manager and City Attorney are provided in Attachment A and B, respectively. The resulting questionnaire is much more extensive than the existing commentary form but provides more detailed feedback to the City Manager and City Attorney. The questionnaire is not intended to supplant any written comments that a Councilmember may also wish to make. Each Councilmember is free to add additional comments that are either general in nature or intended to clarify a response to one of the questions. The questions are arranged under topic headings that represent the existing performance measures or the four guiding principle categories. Each response provides for a simple numerical answer, arranged on a scale of 1 to 5, which is intended to reflect how closely each Councilmember agrees with two opposing responses. A "1" would indicate that the Councilmember agrees with the response on the left and a "5" would indicate that the Councilmember agrees with the response on the right. Although the subcommittee does not make any specific recommendation concerning any additional uses for the numerical values, they did discuss some potential ways to utilize them. Currently, the Council rates the City Manager and City Attorney on a scale of 50 to 100 on each of the 4 broad performance measures. If a Councilmember so wished, the numerical answers under a particular category could be averaged and multiplied by 20 to achieve a numerical rating that would be consistent with the existing number range. Additionally, the numerical answers for each question could be averaged across the entire Council to provide a composite answer that would reflect an average response of the entire counciL The subcommittee is recommending the Council adopt the two questionnaires as part of the review process. The Council would approve the questionnaires at the beginning of each year during the goal setting/Performance Outcome setting process. This allows the Council an opportunity to make appropriate changes to the questionnaire, if needed. Although the questions use a numerical scale to allow each Councilmember to assess the employee's performance, the questionnaire is intended to provide only qualitative feedback to the Manager/Attorney, supplemented with appropriate comments, and no process is being recommended to translate the numerical answers into an overall score for determining either employee's salary. Process The subcommittee examined the overall process and rating system and made some observations. Review Time Frame: The performance review time scale is protracted so that the actual yearly review process occurs 4 months into the new year. This leads to the inclusion of issues that might not be appropriate when evaluating the employee for the previous evaluation period. The primary reason for this delay is due to the process by which the city compiles and evaluates the outcome measures from the previous year. / E-Io http://sunnyvale.ca.gov/200209/rtcs/02-381.asp h/?,/?()(M. RTC#02-38 I Page 7 ofl I The subcommittee feels that the process would be more effective if the formal reviews occurred closer to the end of the review period. For the City Manager, whose review is heavily dependent on the performance measures of many different departments, this will be difficult unless the existing outcome measures/performance objectives review and analysis process is streamlined. Although a study to look at ways to make the budget process more efficient and streamline would be valuable, that study was beyond the scope of this subcommittee and it is recommended that Council direct staff to establish a program to look for ways to accelerate the data collection and analysis required under the Sunnyvale Performance and Management system (PAMS). Setting Yearly Objectives/Performance Weightings: The subcommittee reviewed the weightings and performance objectives that the Council uses to evaluate their employees each year. These have been determined in the past and mayor may not reflect the judgment of the current Council. Articles from the ICMA suggests that Councils should meet yearly, to set the desired performance levels for the City Manager for the upcoming year. This allows Councils to adjust weightings, add additional performance measures or identify specific objectives for a given year. This would, understandably, need to be in collaboration with the City Manager and City Attorney. This approach would be in line with the current Performance Outcomes Agreement process outlined above. The subcommittee is recommending that the Council adopt this approach for both the City Manager and the City Attorney and implement additional yearly meetings where goals and objectives for the upcoming year would be examined for each employee. In addition, the Council would review the questionnaire that is being proposed in this report and, if desired, add or modify the questions to better reflect the concerns of that City Council. For example, in a given year, Council, in agreement with the City Manager, could specify that the Manager focus more on managerial tasks. A general application of this approach would be to adjust the weightings for Budget and Service Delivery Performance down from 45% to 35% and raise the Management weighting to 30% to reflect a Council desire to see a greater focus on improving the workforce of the city. Similarly, the City Attorney's weightings could be adjusted to give a focus toward management issues or specific program focuses could be given to allow the Attorney's office to look at specific issues for the City Council. Having separate goal setting meetings in the June/July time frame would not necessarily allow a reflection on the entire year but there is the assumption that on- going updates would allow the Council to be aware of most issues and could adequately address the upcoming year issues as they would the new fiscal year budget. The year-end reports from the City Manager and City Attorney should certainly not contain any surprises. This additional meeting may be problematic considering the difficulty we seem to have scheduling the existing meetings. We could potentially resolve this by combining http://sunnyvale.ca.gov/200209/rtcs/02-381.asp ([-1 ¡;/~"/~(\(\A IÜC#02-38 I Page 8 ofll it, as a separate component, with the yearly review. This would entail additional time and make the meeting long enough that an evening might not accommodate it. We could select a Saturday and combine the two review meetings with the goal setting meetings and consume a single day, one in the morning and one in the afternoon. The disadvantage of this approach would be that the goal setting for the upcoming year would be delayed 3 to 4 months into the year. Review Meeting Format/Facilitator: The council, at the request of recent Mayors, has met separately before the review meeting to have a frank confidential meeting. The discussions have helped Council clarify issues prior to meeting with the City Manager or the City Attorney. Both the City Manager and the City Attorney have expressed dissatisfaction with the recent yearly review meeting. The subcommittee discussed options for improving the review meetings and is recommending that the City Council employ a suitable facilitator to moderate the review meetings and to help guide the discussion. This would free up the Mayor, who traditionally chairs the meeting, to actively participate in the discussions. The facilitator would also be able to try to balance the discussion and keep it on target. The facilitator would also be valuable to the added meeting where the Council sets the yearly priorities discussed above. The selection of the facilitator could be problematic as each employee may have a personal favorite. The subcommittee recommends that the Director of Human Resources would provide a short list (no more than 5 names) for the Mayor and Vice- Mayor to review and make a recommendation to the Council. If this method proves unworkable, the City Manager and the City Attorney should work together to find a common facilitator if possible. The facilitator would work for the Council, with appropriate confidentiality agreements, to avoid any reporting confusion. The facilitator's compensation would be a part of the Human Resources Department budget. If requested by either employee and agreed to by the Council, the Council could utilize two separate facilitators to accomplish the review tasks. To minimize the additional cost and complexity, a facilitator should be retained for the entire year unless some unforeseen issue makes that impossible. The task of selecting the facilitator should be done prior to the start of the review process. 360 Review format: The current report from both the City Attorney and City Manager is generally in a narrative form with added tables and figures as appropriate. Generally, outside direct Council interaction with their employees, there is little opportunity to evaluate management practices. Based on several discussions that Council and the City Manager have had in the past, the subcommittee discussed the 360-degree performance review where input is solicited from a manager's employees. This is partially accomplished with the employee survey that is completed periodically but the subcommittee is recommending that an additional process be added where a suitable facilitator be used to work with the direct reports for both the City Attorney and the City Manager to generate additional input to the Council concerning their management skills and styles. City Council or either Council employee would not attend meetings with the direct reports. The goal of the meeting would be to foster and record a frank discussion on (E-g http://sunnyvale.ca.gov/200209/rtcs/02-381.asp fi/?'i/?OO4 RTC#02-38 I Page 9 ofll the city management processes and their effectiveness. The facilitator who conducts these meetings would determine the format and how best to report back the results. It is unlikely that collectively the direct reports would want to harshly critique their superior so an option to allow individual, private meetings would be helpful. The end result of this process would likely be a report on issues and problems on the overall performance of the city government from the perspective of the direct reports. Any individual criticisms of either superior would need to be provided in a way that protects the individual's identity. The subcommittee discussed the appropriate timing for the 360-degree reviews as well as the use of the end product in the manager review process. Some experts believe that the 360-degree evaluation is appropriate for obtaining feedback on management processes but not appropriate for use in a performance review. One option discussed was to have the 360 review and the employee survey discussed below as part of the mid-year meeting with the Council employees. This would allow Council to assess the overall management system in the City on a yearly basis without directly coupling it to the salary review in the fall. An added bonus to this approach is it moves the review to a point in the year when senior staff is not consumed with the year-end budget report. The subcommittee agreed that the 360-degree review process, being only one part of a more comprehensive review process, could be used effectively as part of the year- end review. The committee is recommending, however, that the 360-degree review be conducted in the latter half of May of each year. Assuming that the process takes several weeks to complete and allowing the facilitator at least month of analysis and report writing, the Council would expect to see results from this process in early August. This allows adequate time for Council review and any follow-up discussions prior to the Performance Review meetings. Employee Survey Changes: Initially, the subcommittee looked at modifying the existing employee survey as a means to gather additional feedback from employees other than the direct reports on performance of the two Council employees and the overall management system. However, the subcommittee recognized that this type of survey would require an additional level of privacy and confidentiality that would undermine the intent of the original survey. Therefore, the subcommittee is recommending that a separate, distinct survey be done. The new Management Performance survey would be targeted to City management issues and management performance. The survey would only be provided to a random sample population of City employees to reduce the logistics problems. The sample population would be designed to provide feedback from all the city departments. As it would be part of the employee review process, it would be confidential and the respondents would be assured of complete privacy. The subcommittee felt that this approach would allow for complete candor by each respondent. To prevent any confusion and to provide an alternative viewpoint, the subcommittee is recommending that an outside contractor, independent of the contractor used for the normal, citywide employee survey, be used to conduct this Management Performance Survey. This contractor would report only to the Council and would be ( f"-C¡ http://sunnyvale.ca.gov/200209/rtcs/02-38l.asp F,/,),f')(\(\A RTC#02-38 I Page 10 ofl I paid through the Human Resources budget. The subcommittee felt that if possible, the Performance Review Facilitator, 360-review Facilitator and the Management Performance Survey would all be provided by the same contract person or organization to allow for a comprehensive analysis and to reduce the number of people involved in handling the confidential information that would be generated by these new processes. As with the Performance Review Facilitator, HR would generate a list of candidates for the Mayor and Vice-Mayor to review and make a recommendation to the City Council. FISCAL IMPACT Additional costs would be incuITed in a number of ways. The use of outside facilitators for both the Performance Review as well as the 360-degree review would require a yearly contract of an unknown amount. The Management Performance Survey would involve some additional costs for development, administration and analysis. If Council chooses to implement additional meetings there would be incremental costs associated with any added staffing requirements. PUBLIC CONTACT The subcommittee has met periodically since January. Although some of the meetings were noticed, no one from the public attended those meetings. ALTERNATIVES 1. The City Council adopts the recommended changes to the City Manager and City Attorney Review Process as outlined below: 0 Adopt the revised Council Questionnaire/Comment Forms (Attachments A and B). 0 Add two separate additional Council meetings in June/July with the City Manager / City Attorney to set the performance objèctives and special projects, with appropriate weightings, for the upcoming year and to review the Council Questionnaire/Comment Forms. 0 Utilize the services of an outside facilitator to conduct the performance setting meetings as well as the performance review meetings. 0 Implement a 360-degree review process by utilizing a facilitator to meet with the direct reports of the City Manager and City Attorney to provide feedback to the council on City Manager/City Attorney management activities and initiatives and their effectiveness. 0 Implement a Management Performance questionnaire to be administered to a statistical sample of the City employees to solicit feedback concerning managerial effectiveness of the two Council employees and management processes within the City Government. 0 Initiate a Legislative Study Item to evaluate the current budget process, looking for ways to streamline, automate and accelerate the year-end evaluation process to allow the City Manager/City Attorney to deliver their yearly report sooner and allow the review process to occur closer to the end of the fiscal year-end. ( E-/() http://sunnyvale.ca.gov/200209/rtcs/02-381.asp h!,>,nf'lf'lA RTC#02-38 I Page 11 of 11 2. The City Council does not adopt any of the recommended changes to the City Manager and City Attorney Review Process and the current process would remain. 3. The City Council adopts the recommended changes to the City Manager and City Attorney Review Process with modifications or additions. RECOMMENDATION The Performance Review Subcommittee recommends alternative 1. Prepared by: Jack Walker Councilmember Reviewed by: Fred Fowler Mayor Attachments A. Proposed City Manager Performance Review Questionnaire B. Proposed City Attorney Performance Review Questions Previous Council Item List of Council Meetings Next Council Item List of Reports to Counci] CorresDonding Agenda Sunnyvale Home Page (f- II http://sunnyvale.ca.gov/200209/rtcs/02-381.asp ---- - ¡;n<'/')()()A JLN-24-2004 10;06 1".02 City of Moun'tðin View CITY COUNCIL POLICY R~Ep: November 19, 2002 Effective Date: January 9,1978 Resolution No. 16745 SUBTECT: COUNCIL APPOINTEE COMMUNICA nONS AND PERFORMANCE EVALUATION PROCFSS b[Q; D- 9 PURPOSE; To establish procedures governing communications between CoU!'\cil appointees and the City Council, and the performance evaluation process for Councíl appointees. POLlCX: 1. Council appoìneees shall provide the City Council with periodic written communications regarding itezru of Current interest and/ or importance. The City Manager shall provide this communication to the City Council on a weekly basis. The City Attorney shall provide this communication on a monthly basis and t."te City Auditor and City Clerk on an as-needed basis. 2. The City Council shall follow the process as described in Paragraphs a through i below for evaluating the performance of its appointees. a. The City Council's armual goal-setting process (] anuary ¡February of each year) shal1 serve as a guide to Council appointees in the development of their goals for the upcoming fiscal year. b. In late April, with assistance from the City Clerk's Office and City Manager's Office, the Vice Mayor shall develop a schedule with specific dates, based on the guidance in this policy, for the appointee performance evaluation process. c. A City Council subcommittee composed of the Mayor and Vice Mayor shall meet with each appointee individually in early May of each year to initiate the performance review process. The meeting may include a disCussion/review of topics, such as: (1) The procedures and time line for the evaluation process; (2) Any specific issues an appointee would like to discuss during the process; and/or Page 1 00 If-I ATTACHMENT F JU~<-2~-200~ 10:06 CITY COUNCIL POLICY REVISED: November 19, 2002 Eff~çtive Date: January 9, 1978 Resolution No. 16745 SUBTECT; COUNCIL APPOINTEE COMMUNICA TIONS N..9-1 D-9 AND PERFORMANCE EVALUATION PROCESS (3) Any particu]ar areas of emphasis that the perform<mce evaluation subcommittee wishes to make an appointee aware of prior to the beginning of the evaluation process. (4) Any issues re1ative to compensation. d. By the end of May of each year, each CouncE appointee shall prepare a memorandum to the City Council: (1) Ihcluding a summary of issues and accomplishments for the past fiscal year; and (2) Establishing goals for the upcoming fiscal year (based on the City-wide goals established by the City CoLL'1cil the previous January ¡February). Compensation issues can be addressed in this memorandum or no later than the date set for Paragraph f (late June). e. The City Council shall meet in early June in closed session (which may require one or more evenings) to hear presentations by the City Auditor, City Clerk, City Attorney and City Manager regarding their written memOl'an- dums. The City CouClcil shan develop follow-up questions that the Vice Mayor wilJ providE to the City Auditor, City Clerk, City Attorney and City Manager withL"1 three days. f. The City Council shall meet in late June in closed session for: (1) the appointees to respond verbally to Council's follow-up q:.testions; and (2) the preparation of the w:itten evaluations. g. The Mayor and Vice Mayor shall confirm that the wording of the written evaluations is consistent with the City Council's consensus, and the Vice Mayor shall deliver the written evaluations to appointees by early JuJy. Page 2 of 3 ;".03 I f- .;l .TLltI'-2q-2Ø04 10: 07 p.04 CITY COUNCIL POLICY R,¡;¡VISED: November 19, 2002 Effective Date: January 9,1978 Resolution No. 16745 SlBTECT: COUNCIL APPOJNTEE COMMUNICATIONS AND PERFORlvt:ANCE EV ALUA-IrON PROCESS 00 D-9 h. The City Councìl shall meet ill mid-July in two dosed sessions (which can be on the same night) to: (1) review writtert evaluations with appointees; and (2) provide "financial parameters" to the Mayor and Vice Mayor to guide compensation negotiations with appointees. A copy of the annual compen- sation survey shall be given to the City Council at this time- i The Mayor and Vice Mayor shall meet with appoÎ.1'ltees individually in mid-July to discuss compeJ'\Sation adjustments. Appointees shall receive the COLA adjustment provided to other unrepresented employees. The adJust- ment is to be implemented at the same time as other unrepresented employ- ee3. If further direction on compensation is needed from the Council, a closed session will be scheduled. If not, the Mayor and Vice Mayor shall Î.1'lstruct the Employee Services Director to prepare Council agenda items on appoit1.tee compensation if additional compensation adjustments are to be implemented. 3. This policy acknowledges that other formal and infonna.l methods of Council/ appointee communications, goal setting and performance evaluations exist. This policy does not preclude the use of these other methods. LF/CNLPOL DO9-601CP^ Page 3 of 3 TOTRe. P. ø;¡- rf-3 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA No.2 AGENDA DATE July 6, 2004 SUMMARY: Joint study session (City Council and Planning Commission) to review the proposed development of 138,500 square feet of retail space, 204 residential units and a parking garage at Valko Fashion Park ("Rosebowl" site at Wolfe Road and Valko Parkway). RECOMMENDATION: Review and discuss the proposed Valko Fashion Park proposal. BACKGROUND: The Valko Fashion Park property owners have filed for a use permit and architectural review for a mixed-use retail/residential development on the "Rosebowl" site and an adjacent area north of the "Rosebowl" along Wolfe Road. While the theater, hotel and additional housing units are shown on the overall site plan, they are not included as part of this application. Preliminary review, including traffic, architectural and landscaping analysis, is underway, but staff will not be making recommendations at this time. The purpose of this study session is for the City Council and Planning Commission to preview the initial plans. The applicant hopes to schedule public hearings before the Planning Commission and City Council in early fall. Valko Fashion Park and the City of Cupertino executed a development agreement in 1991, which is in effect until 2006. The agreement vests up to 1,645,700 square feet of net rentable space, up to 3,500 cinema seats, and hotel and residential uses. If the cinema is built, the square footage buildout is reduced. The agreement locks in the General Plan and zoning ordinances in effect at the time. Currently there are 686 hotel rooms theoretically available to Valko Fashion Park. The number and density of residential units were not specified in the development agreement or other planning documents. Non- retail uses require a use permit, resulting in the current application for a use permit for the residential use. Due to the conceptual level of the drawings, more Printed on Recycled Paper ,,2~1 Valko Study Session Page 2 detailed review of architectural and landscaping plans will be needed should the use permit be approved. The preliminary plans have been submitted to the city's consulting architect, Larry Cannon, for his review. Since approval of the use permit for the residential development is discretionary, the residential project is not vested, even though the residential use is vested through the development agreement. The development agreement would need to be amended to vest this specific residential project. The Vallco Redevelopment Area was approved in 2000; it encompasses all of Vallco Fashion Park. There are no special implications for this proposal related to the Redevelopment Area, since no public funds are involved in the development at this time. DISCUSSION: Below are some suggested discussion areas, based on the planning staff's and consulting architect's initial review. Site Plan: . Building setbacks, particularly adequate sidewalk width along Vallco Parkway for pedestrian activity. The building setback from Vallco Parkway is 14 feet, where 20-25 feet is desired. . Relationship of the residences to the interior parking garage. There are concerns about visual, noise and exhaust impacts. . Noise impacts of truck loading areas below on-site residential units. . Relationship of south elevation to Menlo Equities development. The Menlo Equities residential units will be next to the parking garage, creating negative visual and nòise impacts. . Parking along Vallco Parkway. Three traffic lanes probably are not needed, and a parking lane can be accommodated; this will be analyzed in the traffic study. Architecture: . Elipse shaped building at the intersection of Wolfe Road and Valleo Parkway. It is very dramatic, but the level of detail for the remainder of the building should not be sacrificed to accomplish this feature. The practicality of the elipse shape and extensive use of clear glass for residential units is an issue. . Façade detail and materials. While the architectural elevations are conceptual, there are still questions about the level of design details and materials. The glass and metal treatment of a significant portion of the north elevation is questionable. The conceptual design does not convey ;)-2- Vallco Study Session Page 3 the details that will be provided for windows, railings and entrances, for example. Interesting and rich detail is expected for these features. Landscaping/ trees: . Exterior and interior landscaping. Landscaping plans are very conceptual, and more detail will need to be provided. The interior courtyards are small and narrow in some areas, i.e., 35 feet wide. The small tree well in the middle of the parking garage may not be practical. . Tree removal. The inner row of ash trees along Wolfe Road and Valko Parkway is proposed to be removed. The outer row of trees will need to be evaluated for health status and proximity to the new buildings. Some may need to be removed and replaced due to health and location. The property owners and architects will discuss the plans and be available for questions. Enclosure: Plan Set Prepared by: Ciddy Wordell, City Planner 2 Steve Piasecki Director of Community Development Approved by: ~ DaVId W. Knapp City Manager G:planning/vallcojvallco study session 7-6-04 2-3 '»~ ,I) VállroFashion Park CUPERTINO, CALIFORNIA SPECIAL USE PERMIT SUBMITTAL PACKAGE "ROSE BOWL" SITE 8cWOLFE ROAD RETAIL DATE: 0.6-10-2004 ARCHITECTS 15 Cocpo"," PI"" 5"" 200, Nowpo" Bo"h, CA 92660 Igo9] 721 B904 [562] 62BBOOO [009 Bmh CA [702] B528500 [" V'9", NV [703] 3900400 W"hmgton, DC [5D3J 47B9900 Portl,,', OR www p""h'""uom #;;;J, I- LIJ- ~o ( ) < . z ~ ~ ~ r~. J "':;¡a¡ " a:: ~ ~~¡j f « g §~~ ~ D. ~ S~;¡ , Z B 0 0 U .J .J « > . 0 ~ ~ :j ~ . t ð ~. ~ ~ . ~ V Q 0 i'o ~ 0 . 0 ~ > z - 00 Ë ~ u 00 0 ~ ~ 0 ~ ~ ð ] " I ¡¡ ~ ¡¡: 0 0 u "cl- _u :;)w 8:11:>- +~ Nu .... 1: j .. G) a.. I > ) lmUIJ. .U!LI PROPOSED 5 - LEVEL PARKING STRUcruRE 1338 STALLS r "L7 " Å“ EB ~ VALLCO FASHION PARK. ROSE BOWL SITE CAMPUS PLAN CUPERTONO. CALOFORN,^ SHEET 02 0' 50' 100' 200' 300' 600' L~J>£IMK MANAGEMENT ----- ,"""""°""" wm~""w.,M'""m".'_"" ""'" Perkowitz + Ruth ARCHITECTS 15 Co'po,"" PI"" 5"i" 200. Newport B",h, CA 92650 [949J 721.B904 [562J 62B.BOOO long Be"h CA [702J B52.B500 la> Veg", NV [703J 390 0400 W"hington. DC [503J 47B.9900 Portl,"d, OR w~.p,""hite"Hom 03.28816 0",,06-"-04 ROSE BOWL PROJECT SUMMARY June 02. 2004 PROJECT SUMMARY ITEM EXISTING PROPOSED Gross site area 325.496 s.l. (7.47ac.) 255.395 s.l. (5.86 ac.) 0 nla nla Net site area Building area Floor area ratio Number of stories Height nla Building pad elevation 174.0' Curb elevation 179.5' Number of employees projected nla Number of seats nla Parking 657 stalls Hours of operation Existing use Proposed use nla Parking nla Zoning designation P (CG, ML, 0, Hotel) General Plan designation Office, Industrial, Commercial. Residential 212,610 s.l. 42,785 s.l. Paving area Landscape Ground ievel Third floor courtyards Residential 1 BR 2 BR 3 BR 4BR Townhouse (3 BR) Private recreation area nla Common recreation area nla nla EB ~ 0' 50' 100' 150' 300' Perkowitz + Ruth ARCHITECTS same same 381,540 s.l. 1.49 5 + lower level parking 50' 180.0' 179.5' 50 100 1398 stalls (see attached parking summary) 7am-11pm nla Mixed-use retail P (CG, ML, O. Hotel) with special use permitfor residential Office, Industrial, Commercial, Residential 46,905 s.l. ROSE BOWL SITE ,.. « ;: '" '" « "- 0 () .... .... « > ~ JCPenney ~ 24,780 s.l. 29.860 s.l. 204 total DU 83 81 20 1 15 29,860 s.l. 3,800 s.l. VALLCO FASHION PARK-ROSE BOWL SITE CUPERT'NO, CALOFORN'A L-}~MMK MANAGEMENT -------- -""""'""" "'n~M;ro,;."'""'mo.'"~,,,,,,"'" 15 (mom'" FI",. S"it, 200. Newoo" Beech. (A 92660 !949i 721 8904 15621628.8000 loog Beech (A 17021852.8500 I'> Veo'> NV 17031 390 0400 Wò>hiog1oo DC WOLFE ROAD RETAIL PROJECT SUMMARY June 02. 2004 PROJECT SUMMARY ITEM EXISTING PROPOSED Gross site area 87,647 s.f. (2.01ac.) Net site area 45,524 s.l. (1.05 ac.) Building area 0 Floor area ratio nla Number of stories nla Height nla Building pad elevation 181.0' Curb elevation 182.0' Number of employees projected nla Number of seats nla Parking 83 stalls Hours of operation Existing use Proposed use Zoning designation General Plan designation nla Parking nla P Commercial, Residential Paving area Landscape area Residential Private recreation area 37,935 s.l. 7,590 s.l. nla nla nla Area contingent on property purchase Area contingent on property purchase 36,260 s.l. 0.80 2 45' 182.5' 182.0' 30 50 6 stalls (see attached parking summary) lOam - 10pm nla Retail P Commercial. Residential 27,395 s.l. 600 s.l. nla 0 s.l. 1,600 s.l. SITE PLANS & PROJECT SUMMARY 15031 47B.9900 Port'"d. OR w_'o""h."",com SHEET 03 D","0611 04 ;2STAW; ON """METER ROAD PROPOSED 2 STOREY TOWNHOUSE 50 UNIT 175 STALLS \Ð SOSTAU.S 10NVALLCOPKWY.) E9 ~ VALLCO FASHION PARK -ROSE BOWL SITE PROPOSED PARKING PLAN CUPERTINO, CALIFORNIA L~~K MANAGEMENT -.r- """"",,,,"""" SHEET 04 0' 50' 100' 200' 300' Perkowitz + Ruth ARCHITECTS 600' W"'~IW".~.~",,"~'_m"""" , 5 COlpO"t' PI",. Suit' 200. N,wport B",h, CA 92660 [9491 721B904 [562i 628.8000 Lo09 Boa,h CA [702i8528500"';V'g",NV [703J 3900400 W..hlogtoo, DC [503i 478."00 Portlòod, OR wwwp""hl1Pd;wm On8B16 0"'.06.".04 Z I- ~ Q ILIU) I- ~O 0 u ( ) ILl ( ) ILl t a ( ) .J ~ § III ILl w ( ) ~ 0 is. II:: ¡s ~ ~ 0 0 I.LI l- (/) u 0 0 ~ ~ ~ .J ~ 0 aJ I.LI (/) 0 0 D:: : < ¡¡: . ~ ! ~ ~ J ~g¡~~¡; ~ to. D:: ~ ;:¡F'~ P « g Q~~ d a.~S::¡~i is ~ ¡ Z ¡: ~ 0 ; 0 ~ J: w (/) « II. 0 ~ 0 0 Ë > Z . W > - 0 U .J .J « > ~ ~ ~ ~ L. w ~ is -" ! '§ . ~ g ~ ~ ¡¡: 0 ~ 0 U ~ .c: - ::»w cc=>- +~ ~ .t!v - 1: j ... CÞ '" A. - . ~~ æ '\l'\.l"\.-... VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL FIRST FLOOR PLAN CUPE.TONO. CALOFO.NOA 50' 100' LiI;i,\?M.¡}~K MANAGEMENT ~ ""ro'~"",e"," SHEET' 06 ~erkowitz + Ruth ARCHITECTS 15 (o'pmoteP'"" So,te 200, Newpoe, Be"h, (A 92560 [9491 7218904 15621628,8000 Loog Be,,' CA I'D2[ 8528500 La, Ve9^', NV ['03! 3900400 W"'MgWe, DC 15031 4789900 PO'1l",;, OR www,p""h""t> com [",,06,11,04 c VALLCO PARKWAY n ( ') ( ~ EXSTG. SURFACE PARKING EXSfG. SURFACE PARKING 0 « 0 c:: W 1.1. ...I 0 $: EB i\J"\J\.....-J VALLCO FASHION PARK - ROSE BOWL SITE ROSE BOWL SECOND FLOOR PLAN CUPERTONO. CAUFORN,. 0' 50' 100' L1.~J¡;1/¡JK MANAGEMENT ----- """"'~,oo"'" Perkowitz + Ruth ARCHITECT' 15 CO",,'" PI",. ",it, 200, Newoo" ""h CA 92660 194917218904 15621 m 8000 loog ""h CA P02185185001."V'9".NV i7n3! 3900400 W"h"'gtoo DC 15031"" "", Poni,led OR www p""hitecl;wm SHEET 07 03288.16 OMe06\1.04 c B n í ~ EB i\.l\l\........ VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL THIRD FLOOR PLAN CUPERTONO. CALOFORN" 0' 50' 100' L~~~Mr}JK MANAGEMENT ~ SHEET 08 Perkowitz + Ruth ARCHITECTS 15 C"p°'"" PI"" Swle 200, Newpm! Be"h. CA 92660 19491"; 8904 15621 6288000 1000 B",h CA 17021802 8500 I" V"9" 'IV I'D'I 7900400 "",hmgwo. or 15031 '" '900 Fo,""od OR _w.p",ch,"",wm 03288>6 0",06 n.04 DECK n r -~ Å“ ~ 0' VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL FOURTH FLOOR PLAN CUPERTONe, CAUFORNOA 50' 100' L¿~-h'~K MANAGEMENT ~ SHEET 09 Perkowitz+ Ruth ARCHITECT' 15 Cocpo,,', PI"" 5"it, 200, N,wport B",h, CA 92660 19491 !2; 8904 15621 628 8000 loog Bwe. CA 1702! 8528500 "" "'9" NV P031 390 0400 W"hmgWo. DC [503!478 9900 Pm""rl. OR wwwp""h,"'" com 03288 >6 0",06.1104 OPEN TO BELOW DECK r-- ~ n c ~ E9 ~ 0' VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL FIFTH FLOOR PLAN CUPERTONO, CAUFORNOA 50' 100' Lriili,f'à1T(&K MANAGEMENT ~ SHEET 10 Perkowitz+ Ruth ARCHITECTS 15 Cocpo,"" PI"" 50it, 200, ",wpM B",h, CA 92660 19491 Ii' 8904 1562! 6288000 Lo", Be"h CA 1'02!BS',"0""',",, NV ;703!190 0400 W"hi"91ml DC ISG31 478.9900 Pm"ecd OR wwwp'",h",," com 03.2881' 0",0'"11."' AREA WELL FOR NATURAL LIGHT & VENILATION [ ~ ~ ~ ATRIUM TO ANCHOR 0170' '-~-""'~"""'- ....,..~~--~""-~,----","".,~,, ~ ij ~ ~. ~ ~,~J ,.,_.."_..,,,--_.._,_..,..._.~'-;~" ~" EB ~ 0' VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL LOWER LEVEL PARKING LEVEL PLAN SHEET 1 1 CUPERT<NO. CAUFORNOA 50' 100' L~~K MANAGEMENT ----..r- "'"""""","" ,"",~"""~";""",,,,,co",~""C>' Perkowitz + Ruth ARCHITECTS 1 S (o<po<'" PI"" S"'ie 200, N,wport B",h, CA 92660 1949] 721 ,B904 [562[ 628,BOOO Long B",h CA 1702[ B528500 "" V'9'" NV [703J 3900400 W"hln9ton, DC [503J 478 9900 Portl,ad, DR ~p""hiiect'com 03,28816 0",06..11,04 , I I ~ ~ VALLCO PARKWAY -- 0 0 PROPOSED EXISTING TREE TO REMAIN I,é' , '! PROPOSED EXISTING - J ,TREE REMOVAL r II r n~'n ~ ROW :TING REMAIN 0 <{ 0 0:: W LL ..J 0 $: EB ~ 0' VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL TREE REMOVAL PLAN CUPERTONO, CAUFORNIA 50' 100' L~~JK MANAGEMENT ----- ~""",""M Perkowitz + Ruth ARCHITECTS 15 [mOm", Pi"", Soit, 200, ",wport '",h CA 92660 19491 '" 8904 !562J m,BOOO Loog ""h LA [702185'S50' L" V'9", NV 1703] 390 0400 W"hiogtoo, OC [503!"8 9900 Pm""d, OR www.p""hit,,"wm SHEET 12 03,238 " 00"06 "", EVERGREEN TREES AT INTERSECTIONS & CURVE EVERGREEN TREES AT INTERSECTIONS EXSTG. SURFACE PARKING ~-~ EB n..J'\J"\...-. VALLCO FASHION PARK - ROSE BOWL SITE ROSE BOWL LANDSCAPE PLAN CUPER"NO, CAUFORN<A 0' 50' 100' L'fli,~MT{JK MANAGEMENT ~ SHEET 13 Perkowitz + Ruth ARCHITECTS IS empo,"" PI"" '"'" 200, NEwport BE"h CA 92660 'I 156216288000 lO<19 B",h (A 170218528S00Lo'V,y"NV 17031.J90,0400Wò>h"91"', N'3, "",~p'.m"""',ccm ".00005",04 20 2 ~ ~ij2~~ET -t----+ I L ~ MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI ExrERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORArlVEMETALRAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALL CO FASHION PARK. ROSE BOWL SITE ROSE BOWL NORTH ELEVATION CUPERnNO. CALIFORNIA ~ L~~K MANAGEMENT ------ ""kDe"""",,,.. SHEET 14 30' 60' )erkowitz+Ruth ARCHITECT5 15 COlpO"" PI",. Sui" 200. Newport Be"h. CA 92660 [9491 721 8904 [562] 6288000 Loo9 Be"h CA [702) 852 8500 lò. Ve9". NV [703) 3900400 W"hiogtoo. OC [503) 478 9900 Port'oo'. OR www.plõlohitectHom 0328816 DòleO611 04 0 ~2~l~PET NORTH ELEVATION J I ~~ -='- ~ ~ (¿) (!) (!) (¿ :~~~" ~~~I ~., I,-~- ..- - -_.~- L MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LlGHr FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 rENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL NORTH ELEVATION CUPERTINO, CALIFORNIA 30. w L~,t!!?MMK MANAGEMENT ------ "'me"",,",," SHEET 15 ~ terkowitz + Ruth ARCHITECT' 15 Cmpo"te PI,,", ',Ite 200, Newport Be"h, CA 92660 [9491 721.8904 [5621 628.8000 Long Bmh CA 17021 B52.8500 L" Veg", NV [7031390.0400 W"h,ogtoo, OC 15031478.9900 Port'ood, OR www.pCMchltect,.mm on88.le °".061104 ~~ ~~ ,ç' ~~ ~9 ~i:9,r ~7 ..:::+- 'E~ ~+ t-- --l" II -1 ~ \ \ --) -1 z 0 ~ > IIJ ...I IIJ ¡... U] IIJ ~ g 0 In IIJ U] 0 0:: ¡... I:llO x- U] IJJ I- 00 ..J ~ 0 DJ ~ ; ¿ E 8 M t . ~ ð , ~ ~ v ~ u c l' ~ g a ~ Ë IJJ > 00 Z 0 I I:t .§ . ~ ~ Z ~ . N ::t.: ~::.:: ¡ ~ I:t ~ ~~~~~ "~~ g « ô Q~O ~' a. ~ ~~:¡: ß ~ . ..:¡ ~ ~ ~ " ¡ <{ Z ~ ~ ~ 0 ., i J: g ~ 00 ~ « ~ LL 0 U .J ..J « > v v ~ a ~ ~ ð j 0 I ~ ~ ~ ~ ! ¡;¡ .c>- _u ~w ~>- +~ g J::!u 'i: j ... GI bA. 2 2 12 12 ~ ~2~2~~,RAPET MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 6 WOOD BRISE-SOLEIUSHUTfER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL SOUTH ELEVATION CUPERTINO. CALIFORNIA 30' 60' L{;li,9JR1MK MANAGEMENT ---- '""oo,,~'""',," SHEEí 17 ~ ~erkowitz + Ruth ARCHITECTS 15 Cocpo"t, Pla,a Suit, 200. Newport ',ac". CA 92660 1949] 7218904 1562] 6288000 Long ',ac" CA 1702J 852.8500 Lo; V'go;. NV 1703J 390.0400 Wo;"'ngton DC 150314789900 Portl,nd. OR www.pc"chlte<"oom 03.28816 0",06,1104 MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK. ROSE BOWL SITE ROSE BOWL SOUTH ELEVATION CUPERTONO, CAUFORNOA 0' 30' 60' L~~~K MANAGEMENT ------- "'00,""",,"'. SHEET 18 ~ Perkowitz + Ruth ARCHITECTS 15 Corpo"" PI"" 5"" 200, Newport B",h. CA 92660 [949j 721 8904 [562] 628.8000 long ,..,h CA [702] 8528500 l" Veg". NV [703] 390.0400 W"h'O9'OO. DC [503] 4769900 Portloo'. OR www p""h""',.com 03.288" 0",O6.n.04 MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK-ROSE BOWL SITE CUPERTONa, CALOFaRN'A i\lV\.........J L~MK MANAGEMENT -------- "","""",., 0' 50' 100' Perkowitz+ Ruth ARCHITECTS "'n~~,~',~ ,>",,'" ',~om ",~,o 1 5 CNPN'" PI"" 5"it, 200, N,wport B",h, CA 92660 [949[ 721 B904 [56216288000 long B",h CA [7021852.8500 ,," V""" NV [70313900400 W"hington, DC [50314789900 Portl,nd, DR ROSE BOWL EAST ELEVATION SHEET 19 w~.p""hitect,.mm OJ-28816 D",061 '04 l~ 30' PARKING GARAGE INTEGRAL PLANTER @ PARKING GARAGE rg 10' --~~ -"'----\'1 ~1:E:,>~ VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL SECTION - PARKING GARAGE AT TOWNHOUSE SHEET 20 CUPERTONe, CALIFeRNIA Perkowitz + Ruth ARCHITECTS L}lli?M~gK MANAGEMENT ---- ",""""om"'" n....n...n....- 0' 40' 80' 15 ("'POI'" PIon, Soli, 200, Newport '",h, CA 92660 '9491 POt"~ 15621628 8000 long a"ch CA ¡7021 852a500 l" V'9" NV 17031390 0400 W"hlogtoo DC !""147a.ggoo Portl40d OR www pIOcch.¡ecKwm "BB" OòleO6 " 04 EXSTG. GRA 172'-0" roWNHOUSES BEYOND 0 ~2~2~RAPET 0~~2~:' 01~1~' 0 :~o~" LL PARKING 170'-0" SECTION - A TOWNHOUSES BEYOND $ ;~,~~ET $ ~~;~ PROPERTY LINE SECTION - B VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL SECTIONS CUPERTONO, CALOFORNOA Perkowitz + Ruth ARCHITECTS L~~K MANAGEMENT ---- ""ro"""'""'" ,"m~",""",,'~"W'"'-"""'",'" SHEET 21 i\J'\.f\....... 0' 20' 40' 15 Co'po,,'e PI"', Suite 200, "ewport Be"h, CA 92660 [9491721 8904 [5621628.8000 loog Be"h CA [7021 852.B500 ""V"",,"V [70313900400 W"hiogtoo, DC [50314789900 Portlood, OR www p""hi","mm 0,.,88 16 $ ~~,~~ ~ .~- SECTION - C PARKING VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL SECTION CUPERTINO, CALI PORN" SHEET 22 0' 20' 40' L'i.~~~K MANAGEMENT ------..--- ,,"00,""""""" F"E'~'.F,,",",.~,""O.,~"m,^"'" ~ Perkowitz + Ruth ARCHITECTS 15 Cmpo"'e PI"" 5,,'e 200, Newport B..,h. CA 92660 !949] 721.8904 [562] 62B.8000 loa9 B..,h LA [7021852.B500"" Ve9". NV [7031390.0400 W"hm9toa, DC [503]4789900 Portl,,'. OR ~vw.p""hite"'com 0328816 0".061104 .~ I-BEDROOM APARTMENT CONCEPT 3-BEDROOM APARTMENT CONCEPT . . ø 2-BEDROOM APARTMENT CONCEPT 2-BEDROOM FLAT CONCEPT VALLCO FASHION PARK-ROSE BOWL SITE UNIT FLOOR PLANS CUPERnNa. CAUFaRNOA ~ L~J,1}K MANAGEMENT ---- """""""em SHEET 23 0' 8' 16' Perkowitz+ Ruth ARCHITECTS 'C,,;-"w.,~"",,"~,~,,~w,," 15 Cocpm"e PI"" S"'1e 200, Newport Be"h, CA 92660 [949] 72! .8904 [562] 6288000 long Be"h CA [702] 852.8500 l" Veg", NV [703] 390.0400 W"hington, OC [503] 4789900 Portl"d, OR www.p""hitoc"wm on88.16 0,"06.",04 E9 ~ 0' 50' 100' Perkowitz + Ruth ARCHITECTS DD VALLCO 15 Cmpm'le Plm, 5"ite 200, NewpM Be"h, CA 92660 LINE OF BLDGFACADE ABOVE UPPER LEVEL FASHION VALLCO PARKWAY ~ I \ ! ~DD LOWER LEVEL ---- PARK -WOLFE RETAIL SITE WOLFE RETAIL FLOOR PLANS CUPERTONO, CALIFORN" L~~~K MANAGEMENT ----- -"""""" SHEET 24 """~""W"""""..""""'-"'~'^'~" [702]852.8500 l" Veg", NV [503] 4789900 Poc",nd, OR www.p""hitect,.mm D".06.\1.O4 [949] 721 8904 [562J 6288000 long Be"h CA [703] 390.0400 W"hingtoo, DC OW SHRl'BERY & LANTER BEDS fVP V ALLCO PARKW A Y EXISTING TREES TO REMAIN 0 ORNAMENT AL fREES 0 0 0 PROPOSED EXISTING TREE TO REMAIN I r ~ "', PROPOSED EXISTING - J ,TREE REMOVAL TREE REMOVAL PLAN I i I ~~ðð~ , ¡( ..----- - LANDSDCAPE PLAN EB i\J'\J"\...... 0' VALLCO FASHION PARK -WOLFE RETAIL SITE SO' 100' L~MK MANAGEMENT --------- '""'",""'- WOLFE ROAD LANDSCAPE &TREEREMOVALPLAN SHEET 25 CUPERTOND, CALOFDRNOA Perkowitz + Ruth ARCHITECTS ,"m~""w,,",'~ '"""" ,"-" """" 15 Co,po,," PI,,", 5"it. 200, N.wpm! B",h, CA 92660 194al 721 8904 15621 62B.SOOO Loog S",h CA ,'021 B52.B500 ", V""" NV 1'031 3900400 W"hiogtoo, DC 15031478 aaoo Port"" OR www.p"cchi""<.wm 03.288" 0.,,061104 0 ~~~~~. IstFLR. +181'-0" MATERIAL LEGEND 1 SMoorH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONr SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLee FASHION PARK. WOLFE RETAIL SITE WOLFE ROAD RETAIL WEST ELEVATION CUPERTONO, CALIFORNIA 30' 60. L1~MK MANAGEMENT - ""ro""'~"" SHEET 26 ~ terkowitz + Ruth ARCHITECTS 15 Cmpo"'e Plm. S"ite 200, Newport Be"h, CA 92660 1949] 721 8904 1562J 628.BOOO Lon9 Beo,h CA 1702]B52.8500"""'9",NV 1703] 390.0400 W"hm9too, DC 1503] 47B 9900 Portl,,'. OR www.pcac,hlte",.wm 03288.16 D"eDBtt04 UNE OF EXISTING MALL AT NEW CONSlRUCTION EXISTING lRUCK DOCK BEYOND MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK. WOLFE RETAIL SITE WOLFE ROAD RETAIL EAST ELEVATION CUPERTONO, C'LOFORN" i\.r\.l\....... L~~lK MANAGEMENT .- "Uro""",""" .""~.""w"""""".",,,,,~.,.c"~" SHEET 27 0' 30' 50' Perkowitz+ Ruth ARCHITECT' 15 Cmpo"" PIa". 'aile 200, N,wport B..,h. CA 92660 [9491721 B904 [5621 628 BOOO Loog B,"" CA [7021 B528500 "" V'g", NV [703] 390 0400 W"hlogtoo. DC [50314789900 Portlood. OR www p"cchlt,,"wm D",06.n.D4 /' 1st +182'-6" 0 ¡2~l~,RAPET 0 ¡2~l~,RAPET 0 ~~~o'-o" 0 ~~~'-o" SOUTH ELEVATION TRANSVERSE SECTION & NORTH ELEVATION MATERIAL LEGEND 1 SMoorH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 VALLCO FASHION PARK. WOLFE RETAIL SITE WOLFE ROAD RETAIL ELEVATION & SECTION CUPERTINO, CAUFORNIA 30' 60' L~~"}JK MANAGEMENT - --"'" SHEET 28 ~ terkowitz + Ruth ARCHITECTS 15 Cocpo"'e PI"" S"lle 200, Newport Be"h, CA 92660 1949] 721 ,8904 [562] 6288000 Lo09 Bm" CA [702]8528500 L" Veg" NV [703]3900400 W"hlngloo, DC 1503] 478,9900 Portl"d, OR www,p"cohitects,com 03-288,16 0",06-" -04 VALLCO FASHION PARK ROSE BOWL Be WOLFE RETAIL COLOR PALLETTE CUPERTINO, CALIFORN.. L~M4'&K MANAGEMENT ----- """""""""" SHEET 29 Perkowitz + Ruth ARCHITECTS 15 Co cpo,"" Plm, Sol" 200 Newport Be"h, CA 92660 [949! m 8904 [562[ 62BBOOO long '",h CA [lO2! 8528500 l" Veg", NV [703[ 390.0400 W"hlo9too, DC [503[4789900P"""",08 www.p,""hl"'tHom on88.,6 0",06.11.04 VALLCO - WOLFE ROAD RETAIL SITE PARKING REQUIRED Replace existing New restaurant New Streetfront retail TOTAL REQUIRED PROPOSED Area Unit Ratio 1 :248 s.f. 1 :248 s.t. Stalls Notes 83 JCPenney parking lot on grade 13 134 230 Total 3000 s.f. @ 33000 s.f. @ Parking at new retail Street parking on Vallco Pkwy. 6 25 TOTAL SITE PROPOSED 31 )erkowitz + Ruth ARCHITECTS V ALL CO FASHION 15 Co'po"" PI"a, Suit, 200. N,wport B,aoh. CA 92660 [949J 7218904 [562J 628.8000 lo'9 Bmh CA [703J 3900400 W"hl'9ton, DC 1503]478.9900 Port"". OR VALLCO - "ROSE BOWL" SITE PARKING REQUIRED Area Unit Ratio New Market 34000 s.f. @ 1 :248 s.t. New Anchor 42000 s.f. @ 1 :248 s.f, New restaurant 5000 s.f. @ 1 :248 s.f. New Streetfront retail 21500 s.f, @ 1 :248 s.f. New Residential 204 DU @ 2:DU TOTAL REQUIRED PROPOSED Retail Resid'l LEVEL 5 97 4 141 3 172 2 187 1 189 P1 553 PKG.STRUCTURE 929 410 Street parking on Vallco Pkwy. Parking on Rose Bowl access road TOTAL SITE PROPOSED PARK - PROJECT TABULATION COPERTONe. CAUFORN'A L~~K MANAGEMENT .. "",0,""""""" [702J 8528500 la, Yo9'" NV Stalls I Notes 408 824 Level Total 138 170 21 87 97 141 172 lncludes 30 spaces in TownhOi 187 189 553 1339 1398 25 34 PARKING/SQ. FOOTAGE TABLE ~.pmohlt"t' com SHEET 30 03 "8' 6 D",D6.110< C F CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Thursday, June 17,2004 PLEDGE OF ALLEGIANCE At 5:05 p.m. Mayor James called the meeting to order in the Council Chamber, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none, Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, City Planner Ciddy Wordell, Recreation Supervisor Julia Lamy, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Schmidt. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS-None WRITTEN COMMUNICATIONS The Deputy City Clerk noted the following items: An addition to item number 8 regarding the budget; an amended resolution for item number 10 regarding semi-rural designations; and communication trom the Citizens of Cupertino Cross-Cultural Consortium (5 C's) describing their purpose and function. ORAL COMMUNICATIONS Lucia Wu, founding member of the Hsinchu Sister City Association, gave a brief history of the fundraising efforts of the association including: a membership drive with the Cupertino Chamber of Commerce; a fundraising booth at the Oktoberfest for the Taiwan earthquake in 2000 with Kathleen Nellis; a concert at Foothill College to raise money for the victims of the Taiwan earthquake; and a fundraising dinner to host Sister City events. She said that when Kris Wang came into office, Wu was excluded trom email communication regarding the association. She said that Wang has been interrupting the harmony in the community and asked her to make an I./-{ June 17,2004 Cupertino City Council Page 2 apology to the Cupertino community. Wu continued that Wang has established another Autumn Moon Festival using the same dates, place, and time as the Moon Festival hosted by the Sister City Association, thereby causing confusion. Wu asked Wang to resign as a Council member and also mentioned that Wang received a gift of airline tickets to visit Hsinchu. CONSENT CALENDAR LowenthallKwok moved and seconded to approve the items on the Consent Calendar as recommended, except for item number 1, which was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 2. Adopt resolutions accepting Accounts Payable for June 4 and 11, Resolution Nos, 04-330 and 04-331. 3. Adopt a resolution accepting Payroll for June 4, Resolution No. 04-332. 4. Adopt a resolution destroying records trom the Parks and Recreation Department (Quinlan Center), and the City Clerk's office, Resolution No. 04-333. 5. Accept city project performed under contract for Cupertino Sports Center Remodel, Project 2203-9212 (XL Construction). (No documentation in packet). 6. Adopt a resolution approving the intent to establish a Disadvantaged Business Enterprises (DBE) participation goal of 9.9% participation for Federally funded projects for the Federal fiscal year 2004-05, Resolution No. 04-334. 7. Adopt a resolution approving an Improvement Agreement with Richard Shwe and Alma M, Shwe, Husband and Wife as Community Property, 21840 Hermosa Avenue, APN 357-16-054, Resolution No. 04-335. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 1. Approve the minutes trom the June 7 City Council meeting. Kwok corrected page 1-6 to change "caseworker" to "case manager." He also corrected page 1-8, paragraph 7 to include that "Kwok asked the City Manager to revisit the fee schedule, especially for non-residents, and to look at ways to cut expenditures and increase revenues in order to reduce the 9-1-1 charge." Kwok/Lowenthal moved and seconded to approve the minutes as amended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Mayor James reordered the agenda to take up item number 11 next. Lf-l.. June 17,2004 Cupertino City Council Page 3 NEW BUSINESS 11. Receive a report on additional signs for the new Cupertino Community Hall. (This item was continued ftom June 7). Public Works Director reviewed altematives for directional signage to the Council Chambers in the new Community Hall. He said that there would be directory signs on the comer of each parking lot entry into the plaza designating the Community Hall and Council Chamber. He reviewed the proposed language for the interior lobby and exterior building signs. Lowenthal/Sandoval moved and seconded to approve lettering to designate the Community Hall and Council Chambers as shown in the architects drawing, Attachment 1 of the staff report, to be affixed to the east interior wall of the Community Hall lobby, and to have a moveable exterior sign read, "City Council Chamber." Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Item number 13 under New Business was taken up next. 13. Consider a Weekly Single-Stream Recycling program. (This item was continued from June 7). Public Works Director Ralph Qualls reviewed the staff report. He clarified that the program would be funded entirely out of reserves and there would be no cost to the customer. Qualls explained the contamination factor with the single-stream recycling and said that there is an added cost for monitoring, which was included in the total cost of the service. He explained said that the recycling pickup would be weekly and the composting pickup would be bi-weekly. City Manager David Knapp clarified that the money in the Resource Recovery Fund couldn't be used for General Fund purposes. It is generated by the ratepayers for recycling purposes and can only go for those authorized uses. He said it could be borrowed trom and paid back, as is being done for the Library Fixtures, Fumiture, and Equipment (FF&E). Kwok commented that the recycling program proposal is excellent, but the time isn't right due to budget constraints, and he couldn't support it. Discussion followed regarding the possibility of borrowing money trom the fund now to balance the budget and pay back when the economy is better; the need for a guaranteed stream of revenue in order to pay back the fund; and the advantages and disadvantages of waiting to implement the recycling program. Qualls explained that the advantage is that the reserve money wouldn't be spent, but the disadvantage is that the residents wouldn't receive the service. He also said that the program cost would be more in two years due to inflation and amortization. 4-5 June 17,2004 Cupertino City Council Page 4 Kwok commented that Cupertino is well above the 50% County requirement for recycling on the current bi-weekly recycling program. Sandoval said that this type of program should be explained to the public as to the timing, why the funds are available and what the program means. LowenthaVSandoval moved and seconded to approve Alternative No.1: Semi-Automated Service as recommended, and to negotiate an amendment with the Los Altos Garbage Company (LAGCO) for weekly compo sting. Vote: Ayes: James, Lowenthal, Sandoval, and Wang. Noes: Kwok. Absent: None. Item number 14 under New Business was taken up next. 14. Consider adopting a resolution authorizing the City Manager'to sign a Core Natural Gas Sales and Aggregation agreement with Association of Bay Area Governments (ABAG) Power, Resolution No. 04-338. (This item was continued from June 7). Administrative Services Director Carol Atwood reviewed the staff report. LowenthallKwok moved and seconded to adopt Resolution No. 04-338. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None Item number 12 under New Business was taken up next. 12. Consider authorizing the City Manager to execute documents regarding the potential partial pre-payment of the City Attorney's housing loan. (This item was continued trom June 7). Administrative Services Director Carol Atwood reviewed the staff report. She explained that the benefits to the City would be a payback of a long-term receivable this fiscal year to use for current expenditures. She said the disadvantages would be a higher yield investment to the City with an interest loss, being put into a subordinate position on the loan, and spending the points and fees in order to receive the cash. Council concurred to discuss the budget before making any decisions on this item (see item number 8 for details). Later in the evening Lowenthal/James moved and seconded to accept the City Attorney's loan pre-payment, with Mr. Kilian and the City splitting the closing fee costs. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: Sandoval. Absent: None. L{-{ June 17,2004 Cupertino City Council Page 5 PUBLIC HEARINGS Mayor James indicated that item numbers 8 and 9 would be taken up next and discussed concurrently. 8. Consider the 2004-05 budget. (This item was continued trom June 7). 9. Consider adopting a resolution establishing an Emergency Communication Response Fee (9-1-1), Resolution No. 04-336 and conduct the first reading of Ordinance No, 1938 (This item was continued from June 7). A. "An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the Cupertino Municipal Code Pertaining to 9-1-1 Emergency Communication System Response Fee." City Manager David Knapp reviewed the "budget balance work sheet" handout. He highlighted expenses not in the proposed budget including the Valley Transportation Association (VTA) dues; Case Manager position; School Resource Officer (SRO) #1 and #2; the Drug Abuse Resistance Education (DARE) program; .5 Patrol (Midnight shift); Sheriffs Office (S.O.) benefits increase; and the Sheriffs Office rent increase. Captain John Hirokawa explained what the .5 Patrol (Midnight shift) budget item was. He said that the late swing shift serves trom 5:00 p.m. to 3:00 a,m. 3 days of the week. The impact of a cut would be increased response times and reduced back-up ability. He further explained that the School Resource Officer's (S.R.O.) respond to Cupertino schools. Without S.R.O.'s, the patrol officers would have to take care of problems and increasing response times. Mayor James opened the public hearing at 7:00 p.m. Roberta Hollimon, La Paloma Dr., offered support for the Citizens of Cupertino Cross Cultural Consortium (5C's). She explained that the 5C's was organized in 1997 to promote a harmonious and diverse community. She explained that the organization supports the residents of Cupertino by coordinating cultural awareness programs, providing facilitation for meetings on sensitive topics, and institutionalizing activities at the City that build community. The following people spoke in support of Shakespeare in the Park Festival. Their comments included: the group thought they would be given one more year of funding trom Cupertino before needing to find its own funding; the group has been performing in Cupertino for the past 8 years and hopes to continue; commitments have already been made and pulling the program now would be disastrous; the festival provides multi- cultural diversity for the community; if the program leaves it will go away forever. L/- 5' June 17,2004 Cupertino City Council Page 6 Toby Leavitt John Ennals, Florence Dr. Frank Jelipch The following people spoke in opposition of the 9-1-1 fee and their comments included: The legal basis was questionable; Apple and Hewlett Packard would be paying the bulk of the cost without using the service as much; Council should layoff employees instead; all sizes of businesses would be financially impacted at a time when they are trying to recover trom hard economic times; the voters should decide; the City should look at cutting non-essential services to weigh the cost benefit. Michael Foulkes, Infinite Loop Orrin Mahoney, representing Hewlett Packard Jack Hubby, Lindy Place Mark Burns, Cupertino Chamber of Commerce Jody Hansen, CEO of the Cupertino Chamber of Commerce Mark McKenna, Cupertino Chamber of Commerce and Cupertino Society Historical The following people spoke in favor of the 9-1-1 fee and their comments included: the fee would help to fund the School Resource Officers (SRO) and continue to support youth programs like Drug Abuse Resistance Education (DARE), School Attendance Review Board (SARB), the Teen Academy, and the Every 15 Minutes Program; the youth programs affect the future of kids and the entire community; teachers wouldn't be able to do their job without the SRO's and the different programs for kids like DARE and SARB; the SRO's are able to build relationships with kids and notice at risk kids. Linda Rios, Sheriff's Office Janet Shannon, former Cupertino SRO Ryan Elder, Cupertino SRO Milan Sundaresan, Lago Vista Circle Deputy Nanci Pritchard, Cupertino DARE officer Charron Bamey James Post, Cupertino School Resource Officer Mayor James closed the public hearing at 7:55 p.m. Council was in recess trom 7:55 p.m. until 8:19 p.m, Council reopened discussion on item number 9. Kwok/Wang moved and seconded not to implement the 9-1-1 fee. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Council concurred to bring this item back at a later date for consideration, Council reopened discussion on item number 12, City Attorney's housing loan. Lowenthal/James moved and seconded to accept the City Attorney's offer. The motion failed with Kwok, Sandoval and Wang voting no. L{-l June 17,2004 Cupertino City Council Page 7 Wang/Lowenthal moved and seconded to split the closing fee costs. City Attomey Charles Kilian suggested he write a $4,000 check for the Fixtures, Fumiture, and Equipment (FF&E) library campaign. Lowenthal/James moved and seconded to amend the original motion to accept Kilian's proposal to donate the $4,000 to the Library FF&E. The motion failed with Kwok, Sandoval and Wang voting no. Council voted on the original motion to split the closing fee costs. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: Sandoval. Absent: None. Sandoval said she would like the record to reflect that she doesn't think the City needs the $320,000 payment right now and she believes there are other ways to bridge the budget gap. Council discussed Shakespeare in the Park festival. Kwok was concerned that it was too late to cut their funding for this year. Lowenthal/Sandoval moved and seconded to cut the funding trom $25,000 to $15,000 for this year with a notice that the City is likely to not fund it at all next year. Vote: Ayes: James, Lowenthal, and Sandoval. Noes: Kwok and Wang. Absent: None. Council discussed the possibility of initiating a lease fee for the Cupertino Historical Museum and cutting translation service. LowenthallKwok moved and seconded to not initiate a lease fee at this time, to cut the translation service cost trom $30,000 to $15,000, and directed staff to bring back a policy of what the City charges non-profits for use of City facilities. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Council concurred to defer the Case Manager decision until the next budget public hearing on June 21, and directed staff to see if the Senior Center parking pass fee could be increased in order to fund the Case Manager position. City Manager David Knapp responded to an earlier public comment regarding the need for layoffs. He said that the staff is doing its part and had already taken two work furloughs. He explained that in the past 2 years, the City has eliminated 8% of the staff, and that Cupertino's population has increased by 11 %. From discussion on the budget balance work sheet, Council proposed the following changes to the budget: Funded Pro2rams not in proposed bud2et VTA increased dues Case Manager School Resource Officer (SRO) #1 Additional cost for SRO #1 ,5 Patrol Officer - Midnight Shift Sheriff Office benefit increase Sheriff Office rent increase CIP - Tennis Court Resurfacing Amount of expense $12,620 TBD $110,000 $40,000 $230,000 $114,000 $100,000 $15,000 (TBD) (Sports Center Fund) L(- Î June 17,2004 Cupertino City Council Page 8 New Revenues Raise Senior Center Fees Raise Golf Fees Raise Sports Center Fees Raise Adult Sports Fees Nature Museum Summer Tour Fees Raise Teen Dance Fees Raise After School Enrichment Fees Raise Community Garden Fees Charge for Bingo Room Rental Charge for tree lighting City Attorney Loan Prepay Amount of revenue $30,000 $50,000 $50,000 $1,500 $6,375 $6,800 $13,250 $1,700 $4,440 $2,000 (new proposal) $326,000 Prol!ram Cuts Cut one issue of the Scene Cut Cinema at Sundown Cut 5 C's Support Cut Attorney Contract Services Cut Festival Out of Pocket Expenses Cut Mary Avenue Crosswalk Cut Public Works Budget Cut Youth Special Events Cut Block Party Rec. leaders Keep Skate Park at Creekside Reduce Rec. Staff Uniforms Reduce Teen Volunteer Cut Trailblazer Children's Races Reduce Shakespeare festival Reduce Summer Concert Series Cut Holiday Tree Lighting Cut Saturday Drop-in Nature Museum Reduce Translation Services Amount ofSavinl!s $6,000 $20,000 $2,000 $20,000 $35,700 $91,000 (pursue grant) $100,000 $2,000 $500 $6,500 $2,500 $1,500 $800 $10,000 $1,500 $3,500 $6,000 $15,000 PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS - continued 10, Consider adopting a resolution approving a semi-rural designation to eliminate the requirement for sidewalks for the following locations: Hibiscus Drive and Court; Wallace Drive; Caroline Drive; portions of Peninsular Avenue; and Barranca Drive, Resolution No, 04-337. L{-ð June 17,2004 Cupertino City Council Page 9 Public Works Director Ralph Qualls reviewed the staff report. Public Information Officer Rick Kitson distributed a written communication trom Gilbert Wong supporting the adoption ofthe resolution. Lowenthal/Sandoval moved and seconded to adopt Resolution No, 04-337. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None, 15. Conduct the first reading of Ordinance No. 1939 prohibiting skateboarding and rollerblading at Cali Mill Plaza and Civic Center Plaza. "An Ordinance of the City Council ofthe City of Cupertino Amending Chapter 11.08,270 Related to Skateboarding and Roller Skating at the Civic Center Plaza." The Deputy City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. 16. Select an application deadline date of Friday, August 27 at 4:30 p.m. and an interview date of Tuesday, September 7 at 5:00 p.m. for Hyde and Homestead Teen Commission interviews. (No documentation in packet). Council concurred to accept applications until Friday August 27 at 4:30 p.m. and to conduct interviews on Tuesday, September 7, at 4:00 p.m. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Lowenthal mentioned that a page in the Ronald Reagan Memorial Book would be in the City Hall lobby for people to sign. Kwok said that he was in Sacramento offering support for the League of California Cities Initiative (the Local Government Public Safety and Taxpayers Protection Act). CLOSED SESSION - None 4-1 June 17,2004 Cupertino City Council Page 10 ADJOURNMENT At 10:16 p.m., the meeting was adjourned to Monday, June 21, 2004, at 4:30 p.m. in Cupertino City Hall. Grace Schmidt, 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, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience ftom our web site. Visit www.cupertino.org and click on Watch Meetings, Videotapes are available at the Cupertino Library, or may be purchased ftom the Cupertino City Channel, 777-2364. c.¡-ID IOF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, June 21, 2004 CALL TO ORDER At 4:35 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. ROLLCALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CLOSED SESSION At 4: 38 p.m. Council recessed to a closed session to discuss the following items: 1. Initiating litigation - Government Code Section 54956.9(c). Possible action against Edward Britt, Norman Hackford, and Gerald Cooley related to Initiative measures (building height, density, and setbacks). 2. Negotiations for lease of real property - Government Code Section 54956.8 - consultation with City representatives David Knapp, Carol Atwood, and Charles Kilian regarding the Blue Pheasant Restaurant. 3, Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Carol Augustine, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No.3 and Cupertino City Employee's Association. At 5:50 p.m., the Council reconvened in the Council Chambers. City Attomey Charles Kilian announced that the City Council had decided not to proceed with any pre-election lawsuit associated with the Initiative measures. He said that the Council had taken no action on the other two closed session items. RECESS Council recessed ftom 5:50 p.m. to 6:45 p.m. 4~\ I June 21,2004 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none, Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Recreation Supervisor Julia Lamy, Assistant Planner Gary Chao, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 4. Presentation regarding Association of Bay Area Governments (ABAG) Regional housing requirements. (No documentation in packet). Alex Amoroso, Principal Planner with ABAG, said his organization was responsible to 109 cities and counties in the Bay area. He reviewed his handout materials about the Regional Housing Needs Allocation (RHNA) process, and said it was part of a State Housing Element law. He said that ABAG builds the methodology to distribute housing by four income categories without overburdening anyone community with a certain type of housing. He explained that the methodology includes income categories, housing and employment markets, and commuting patterns. He clarified that the requirement is only to plan for a certain number of units in the local General Plans, not to build them, Amoroso explained that there are serious legal ramifications if the city does not have a certified Housing Element that creates opportunities for lawsuits ftom outside parties and funds coming ftom the state level. He said that some of the cities that have been sued including Gilroy, Corte Madera, Sonoma County, and Alameda. Community Development Director Steve Piasecki said the City of Cupertino historically has had a conforming Housing Element, and the current one was certified in 2001. He said that the new cycle in 2007 will reassess the area and may take into consideration the job losses in Silicon Valley, but there is a fundamental undersupply of housing to jobs in Cupertino. Lowenthal asked what impacts there would be on meeting the ABAG housing numbers if the Initiatives passed and there were housing density restrictions. Piasecki answered that the city has hired a consultant who is preparing a series of altematives to address that question. Some of those alternatives may include allocating more land for housing, increasing the below-market-rate strategies, encouraging conversion of office and industrial lands to residential uses, and pushing more housing out into the suburban areas, q~/J- June 21, 2004 Cupertino City Council Page 3 Council received the report, and no action was taken. POSTPONEMENTS-None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Rhoda Fry, San Femando Avenue, said the city was creating a double standard by allowing situations that would not be tolerated on private property. These included allowing cars to be parked in the fire lanes during major events at the Quinlan Center. She said that at Blackberry Farm the bridges have dangerously wide gaps between planks, visitors are allowed to park on the roots of the trees, and there are unresolved issues with trash handling. She showed photographs of overflowing trash cans at the park and talked about how the trash attracts a troublesome wildlife population including rats, mice, ground squirrels, skunks and coyotes. Mike Phillips, Santa Clara County Vector Control wildlife specialist, said that last year his department had served an abatement notice for the City to correct trash handling problems. The City responded on October 3 and some items had been corrected. He said he did a surprise inspection over last weekend and there is still a problem with the garbage, because the containers are not large enough, lids do not close properly, and rodents are chewing away recycling bin lids, He also talked about increasing problems in California with coyote attacks on pets and people, CONSENT CALENDAR SandovallLowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item Nos. 5 and 8, which were pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 6. Adopt a resolution approving the Final map for Civic Park, Phase II, Resolution No, 04- 339. 7. Adopt a resolution approving the final Tract map (9547) and improvement plans, for Murano Homeowners Association, 7308 and 7310 Rainbow Drive at Poppy Way, Resolution No. 04-340. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5, Accept the Treasurer's Budget Report for April 2004. Wang asked about the increase to the "operating transfers in" for 2003-2004, Kwok asked about the 4.66 % increase in "community services." Administrative Services Director Carol Atwood said she would bring the budget detail back on both of those items in her next report on revenues, as well as providing detail on the differences in revenues and expenditures. l{ -{ 3 June 21, 2004 Cupertino City Council Page 4 8. Adopt a resolution approving an application for Bay Area Air Quality Management District (BAAQMD) Transportation Fund for Clean Air Grant for the Mary Avenue Gateway Pedestrian Crossing Project, Resolution No. 04-341. Public Works Director Ralph Qualls said that council had directed staffto find a grant for this project. If the grant is not awarded, the City Council can consider whether to fund the project with General Fund monies. WanglKwok moved and seconded to accept the Treasurer's Report and adopt Resolution No. 04-341. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS 9. Receive public comments, discuss, and adopt the 2004-05 budget: Administrative Services Director Carol Atwood discussed a handout titled "Changes to the Proposed Budget", which included costs for the Senior Center Case Manager position, Drug Abuse Resistance Education (DARE) Officers, onelhalf Patrol Officer for the Midnight Shift, and School Resource Officers (SRO). She explained the true cost of one SRO is $150,000, and the $40,000 COPS grant funds could only be used if Council were to hire the second SRO. Other items on the list included potential new revenues such as 9-1-1 emergency phone service fees, raising recreation fees, and charging for the holiday tree lighting. Mayor James opened the public hearing. There were no speakers, and the hearing was closed. Council discussed the increased recreation fees. Kwok and James said that residents should pay a substantially lower rate than non-residents. Lowenthal said that he would support the list of proposed changes, because many of the proposed additions were associated with public safety. He did not think the Case Manager position was required right now, but he could approve it because Senior Center members will pay for that partly out of increased fees. He was concerned about raising non-resident fees too high and losing participants, and felt that the decision should be left to staff which is more sensitive to market fluctuations. Wang said that she was uncomfortable with the amount ofthe deficit. Kwok suggested funding both SROs with a waming to the schools that the city may not be able to fund them at all in the future. Sandoval said the city has a fundamental inftastructure problem in that it is spending more than it takes in. She said she was not pleased to have to use reserves for an unexpected, additional $40,000 for an SRO. L( -{ t{ June 21, 2004 Cupertino City Council Page 5 Lowenthal/Sandoval moved and seconded to adopt the proposed changes as shown in the budget handout. Wang offered an amendment to the motion to cut one-half of the teen center hours and programs and have staff revisit the operating expenditures as a way of subsidizing the SRO. Kwok seconded the amendment. It was noted that the statutory deadline had been reached and the budget must be adopted at this meeting. Kwok offered a fiiendly amendment to make the cuts to the teen center and programs as suggested by Wang but without further staff review of operating expenditures, Wang accepted the fiiendly amendment. The motion failed with Wang and Kwok voting aye, and James, Lowenthal, and Sandoval voting no. Council members voted on the original motion offered by LowenthallKwok, which was to adopt Resolution No. 04-342 that established the operating and capital budget for fiscal year 2004-05, with the proposed changes recommended by staff, including the Case Manager position, and with the condition that the tree-lighting ceremony be held only if it can be self-sustaining. Vote: Ayes: James, Kwok, Lowenthal, and Sandoval. Noes: Wang, Absent: None. LowenthallKwok moved and seconded to grant a negative declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to adopt Resolution No. 04-343 consistent with 04-342, establishing an appropriation limit for fiscal year 2004-05. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to adopt Resolution No. 04-344 regarding Parks and Recreation and Planning fee adjustments for fiscal year 2004-05, Resolution No. 04- 344. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 10. Consider Application No.(s) MCA-2001-03, EA-2003-20 (Modifications to on-site parking regulations), City of Cupertino, Citywide: A. Conduct the first reading of Ordinance No. 1940: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.100 and 11.29 of the Cupertino Municipal Code Related to Parking Regulations." Assistant Planner Gary Chao reviewed the staff report and detailed the modifications that were proposed to the parking regulations. The City Council concurred to strike the phrase "building improvements" in 19.100.050 ofthe proposed ordinance. 4,- (') June 21, 2004 Cupertino City Council Page 6 Kwok inquired about the feasibility of a parking agreement between BJ's Brewery and Apple Computers. Community Development Director Steve Piasecki said that staff had met with Apple and they were opposed to such an agreement, but BJ's has been encouraged to return to the Planning Commission with some alternatives other than valet parking for their entire lot. Penny Whittaker, Cheryl Drive, said she was in favor of increased landscaping and unisize stalls, but she still had a concern with the ratio of parking stalls required for businesses. She noted that Le Boulanger would be moving to a location that has 5 businesses and only 25 parking spaces for the public. She said that BJ's Brewery, Quizno's, and Panda Express are other examples where sufficient parking is not available. Kwok and Lowenthal agreed that the ratio of business parking spaces might be inadequate. LowenthallKwok moved and seconded to approve this application and directed staff to specifically ask Council at the next goal-setting session whether they wished to fund an analysis of parking ratios. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Kwok moved and seconded to grant a negative declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. The City Clerk read the title of the ordinance. Lowenthal/Kwok 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; James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. 11. Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonpoint Source Program for 2004-05, Resolution No. 04-345. Public Works Director Ralph Qualls said that the fees have not changed in 13 years, and recommended adoption of this resolution. KwokiWang moved and seconded to adopt Resolution No. 04-345, Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 12. Report ftom the Cupertino Public Safety Commission regarding flooding in the McClellan and Bubb Road neighborhood. (No documentation in packet). c-f -I ~ June 21,2004 Cupertino City Council Page 7 There were no representatives fi-om the Public Safety Commissioner present to present the report. Shing Shwang Yao, Elm Court, said that he had been present at the last Public Safety Commission meeting, and so could report that they had adopted two resolutions. The first was a recommendation to bolt down the manhole cover at Bubb Road near Elm Court. The second was to ask City Council to revisit the cost of parallel pipes along Bubb Road and McClellan Raod. Yao then talked about the safety hazard at the intersection of Bubb and McClellan created by the recurring flooding, and said he did not understand why the city has not funded the plan to address the problem for 12 years, Lee Shodiss, Elm Court, said he had received a letter ftom Council in April that characterizes the flooding as a nuisance and a 10-year event, but the problem was happening twice a year and it was far ftom a nuisance situation, since in the last flooding incident the manhole cover had been blown off. He asked that the Council be proactive and take care ofthe problem, and offered to provide home videos of the flooding. Public Works Director Ralph Qualls showed a PowerPoint list of the steps the City has taken in the last couple of years to address this problem. These steps included: an engineering study to evaluate the situation; an engineering design for an expanded drain; construction of new inlet and outfall connections at a cost of $12,000; annual maintenance and cleanout of the extended storm line; and considerable monitoring of Elm Court drain during rainfall by city staff, including the City Manager and himself. He also said that sandbags have been made available, and the Major Storm line project has been identified and included as an unfunded item in the 2005-2009 Capital Improvement Projects (CIP) budget. 13, Approve an offer of settlement for release and indemnity of liability at a cost to the City of $9,596.00 for cleanup at the Gibson Environmental Site (Bakersfield, CA), and authorize the City Manager to execute the settlement agreement. KwokiLowenthal moved and seconded to approve the offer of settlement and authorize the City Manager to execute the settlement agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 14. Review and approve the assignment of the Blue Pheasant Lease to Giti Majdy and Kianoush Kakavand, dba San Jose Teamsters. City Attorney Charles Kilian gave a brief background on the city's acquisition of the Blue Pheasant Restaurant, its earlier status as a legal, non-conforming use, and the recent renegotiation of the lease with the Rasmussens. Giti Majdy, the applicant, said that she is the sole owner of the corporation doing business as the San Jose Teamsters. She described her training and expertise in the food industry, and said she had been a ftanchisee for both Domino's Pizza and Quizno's. She discussed her plans for the Restaurant and said the focus would be on the menu. Y~IÎ June 21, 2004 Cupertino City Council Page B The Council members asked questions about the applicant's experience in a full-service restaurant, the number of employees she has supervised in the past, her hiring experience, and her experience in running a bar. She said that her experience had all been in fast- food service and she had supervised as many as 40 employees at one time in very high- volume businesses. She anticipated that the Blue Pheasant would have about 25 full-time employees. She hoped to attract about 200 customers per day, and the average meal price would be $25 for food and wine or beer, with a small amount of liquor sales, She explained that her corporation was not affiliated with the Teamsters Union, but instead was named after a character in a movie about the life of Jimmy Hoffa. Terry Hertel, resident of Byrne Avenue, asked for more information about the kind of food that would be served and the clientele that would be targeted. He also asked that the closing time remain at 11 :00 p.m. since that has been a great improvement for the neighborhood, and asked that the restaurant provide sufficient parking. Paul Hogan said he is the lawyer for Mr. And Mrs. Rasmussen who are the current lessees. He said that Mr. Rasmussen has provided a personal guaranty and he trusts the applicant to run a successful business. Also, the Rasmussens' daughter will be available during the transition to provide training. He said that Ms. Majdy's experience in fast food service has provided basic training in how to deal with both personnel and business issues. Sandoval said that there was a difference between the two types of restaurants, and that in a fast food restaurant the corporate headquarters provide reliable delivery of food and supplies as well as the dictating the staffing levels. Sandoval said that the Blue Pheasant is a City asset and it is important that the tenants are well equipped to meet the demands they will be facing, and she was not comfortable with the level of experience of the applicant. Patrick Kwok said he believed there is a sharp distinction between the demands of a fast- food restaurant and a full-service restaurant, because the full-service business relies on the quality of the menu and the level of customer satisfaction. He said he appreciated the applicant's interest and motivation but he was not convinced she had the necessary experience. Wang concurred, and said this would not be an issue of it were a private sector business. She also noted that the new owner proposes to open the restaurant for breakfast and lunch, and Wang was concerned about conflicting parking demands between the restaurant and the golf course. Lowenthal said he was in favor of the application and looked forward to the continuation of the restaurant. He said he liked that the proposed use would be compliant with neighborhood desires, and he urged the other Council members to support it. y~{ó June 21, 2004 Cupertino City Council Page 9 James said she had serious concerns about the applicant's qualifications. She was concemed that the applicant did not feel there was a significant difference between running a fast food versus a full-service restaurant. Lowenthal moved for assignment of the lease to Giti Majdy and Kianoush Kakavand, dba San Jose Teamsters. The motion died for lack of a second. Kwok moved to deny the application. Wang seconded and the motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Lowenthal. Absent: None. ORDINANCES - None STAFF REPORTS - None Rick Kitson, Public Information Officer, reported on upcoming events in the community, They include the Art and Wine Festival this weekend, the Cali Mill Plaza opening on July 24, 10:30 a.m" and opening celebrations for the Library/Civic Center Plaza on October 29 and 30, COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including a library fundraising activities; HsinChu sister city; the grand opening of the Chinese Performing Artists of America at Val1co; closing ceremony of the Cupertino Little League; and welcoming new Parks and Recreation summer employees. Thanks were given to Darryl Stow for his leadership as the Executive Director of the Leadership Cupertino program, as well as to the staff and employees for their work on the budget and the cuts they have made in their pay and in the departmental operating budgets. ADJOURNMENT At 10:37 p.m. the meeting was adjoumed. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/ City CounciV Packets, Most Council meetings are shown live on Cable Channel 26, and are available at your convenience ftom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. l{-Ií DRAFT RESOLUTION NO. 04-346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING JUNE 18,2004 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: (~-f {l (]1zmJ~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of July ,2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5-1 06/21/04 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, eransact.trans_date between "06/14/2004" and "06;'8/2004" CASH ACCT CHECK NO FUND - no - GENERAL FUND 1020 608288 v 1020 608778 1020 608778 1020 608778 1020 608778 TOTAL CHECK 1020 608779 1020 608779 TOTAL CHECK 1020 608780 1020 608781 1020 608781 1020 608781 TOTAL CHECK 1020 608782 1020 608783 1020 608784 1020 608785 1020 608786 1020 608786 1020 608786 1020 608786 1020 608786 TOTAL CHECK 1020 608787 1020 608788 1020 608789 1020 608790 1020 608791 1020 608792 1020 608793 1020 608794 1020 608795 OS/21/04 602 ISSUE DT _uuuu_uuVENDOR-u_uuu--- FUND/DEPT 06/18/04 4 06/18/04 4 06/18/04 4 06/18/044 06/18/04 26 06/18/04 26 06/18/04 1884 06/18/04 2276 06/1S/04 2276 06/18/04 2276 06/18/0' 44 06/18/04 50 06/18/04 3180 06/18/04 63 06/18/04 968 06/1S/04 968 06/18/04 968 06/18/D4 968 06/18/04 968 06/1S/04 3154 06/18/04 720 06/1S/04 ME200' 06/18/04 3172 06/18/04 M 06/18/04 M2004 06/18/04 3151 06/1S/04 874 06/1S/04 M2O04 ROYAL COACH TOURS 5506549 A T & T nO8501 A T & T 1108501 A T & T 1108501 A T & T nO8501 AIR FILTER CONTROL INC 1108504 AIR FILTER CONTROL INC 1108501 ALBERTSONS-NORTHERN DIVI 5806349 ALHAMBRA 1106265 ALHAMBRA 1104510 ALHAMBRA 1104510 AMERICAN RED CROSS 1104400 ANDERSON CHEVROLET/GEO 6308840 AQUA TEMP COMPANY 5606620 ATLAS PEN & PENCIL CORP 5606640 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BARKOFF CONTAINER & SUPP 5208003 BATTERY SYSTEMS 6308840 BAUTISTA, STEPHANIE 1104510 BAY AREA PARENT 5706450 BEAUPRE, CATHY 580 BHOPINDER, MATHARU no DAWN BRIDGES, MFT n024O2 C & H DISTRIBUTORS INC 1108303 CAPRCBM 1101060 RUN DATE 06/21/04 TIME 07,59,22 (bL PAGE 1 - - u -DESCRIPTIONu - - - SALES TAX AMOUNT SF TOUR 6/' 0.00 -572.36 JUNE 2004 STATEMENT 0.00 47.82 JUNE 2004 STATEMENT 0.00 22.68 JUNE 2004 STATEMENT 0.00 55.23 JUNE 2004 STATEMENT 0.00 22.68 0.00 148 .41 FILTERS/BELTS A25528 0.00 88.97 FILTERS/BELTS A25528 0.00 88.97 0.00 177.94 SUPPLIES 22965 0.00 38.68 FY 2003-2004 OPEN PURC 0.00 66 .00 BOTTLED DRINK WTR 0.00 150.65 BOTTLED DRINK WTR 0.00 226.00 0.00 442.65 ADMIN FEES 0.00 256 .00 PARTS/SUPPLIES 20256 0.00 87 .53 REPAIR POOL HEATER 0.00 713.09 GOLF COURSE PENCILS 0.00 760.15 FY 2003 -2004 OPEN PURC 0.00 42.00 FY 2003 -2004 OPEN PURC 0.00 12.80 FY 2003 -2004 OPEN PURC 0.00 -22.12 FY 2003-2004 OPEN PURC 0.00 64.80 FY 2003-2004 OPEN PURC 0.00 22.73 0.00 120.21 POLY BAGS 0.00 537.95 FY 2003-2004 OPEN PURC 0.00 136.29 FINGERPRINTING REFUND 0.00 25.00 MARKETING SPRTS CTR 0.00 663.00 Refund, Check Return 0.00 300.00 UNUSED ARCHITECT OPST 0.00 120.00 PARENTING CLS 5/4-25 0.00 800.00 SUPPLIES 0.00 236.87 #1022 P&R COMM RNWL 0.00 165.00 - FINANCIAL ACCOUNTING s--.,L 06/21/04 ACCOUNTING PERIOD, "/04 CITY OF CUPERTINO SELECTION CRITERIA, transacLtraM~date between "06/14/200'" and "06/18/200'" CHECK REGISTER - DISBURSEMENT FUND CASH ACCT CHECK NO FUND - 110 - GENERAL FUND ISSUE DT --------------VENDOR- FUND/DEPT 1020 608796 1020 608796 TOTAL CHECK 1020 608797 1020 608798 1020 608798 TOTAL CHECK 1020 608799 1020 508800 1020 608801 1020 608802 1020 608803 1020 60880' 1020 608805 1020 608806 1020 608806 1020 608806 1020 608806 1020 608806 TOTAL CHECK 1020 608807 1020 608807 TOTAL CHECK 1020 608808 1020 608809 1020 608809 TOTAL CHECK 1020 1020 608810 608810 608810 1020 1020 608810 TOTAL CHECK 1020 1020 608811 608811 TOTAL CHECK 06/18/0' 2232 06/18/0' 2232 06/18/0' 155 06/18/0' 1057 05/18/0' 1057 a6/l8/D< 1156 06/18/0' 2626 06/18/0' 27" 06/18/0' M 06/18/0' ME2aO' 06/18/04 1612 06/18/04 173 06/18/0' 175 06/18/0' 175 06/18/04 175 06/18/0' 175 06/18/0' 175 a6/l8/D< 178 06/18/04 178 a6/1B/04 1312 06/18/04 191 06/18/0' 191 06/18/0' 192 06/18/0' 192 06/18/0' 192 06/18/0' 192 06/18/0' 194 06/18/0' 194 CARIAGA, LOURDES CARIAGA, LOURDES 110 110 CENTRAL WHOLESALE NURSER 1108407 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA 110 CHANG, CHEN-YA 1103300 CHARLES M SALTER ASSOCIA 4239222 CHU, LOI THI 580 CHUI, JOE 5806349 BARRIE 0 COATE 110 COCA-COLA BOTTLING OF CA 5706450 COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA 5606620 5606620 5606620 5606620 5606620 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 COUNTRY CLUB CAR WASH 6308840 CUPERTINO CHAMBER OF COM 220'011 CUPERTINO CHAMBER OF COM 220'011 CUPERTINO MEDICAL CENTER SB06449 CUPERTINO MEOICAL CENTER 5806449 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO MEOICAL CENTER 5806449 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 5606620 1108314 RUN DATE 06/21/04 TIME 07,59,23 PAGE 2 - ----DESCRIPTION- - -- -- SALES TAX AMOUNT CSGARNSMNT 0.00 306.50 SSGARNSMNT 0.00 103.84 0.00 "0.34 LANDSCAPE SPLY A25535 0.00 230.79 'FLEX DEP/240l25 0.00 151. 92 'FLEX HLTH/240l25 0.00 643.95 0.00 795. B7 CHA 0.00 140. B5 CLIPPING SERV MAY04 0.00 20.0.00 CONSTRUCTION ADMINISTR 0.00 775.00 Refund, Check Return 0.00 300.00 SUMMER CAMP SUPPLIES 0.00 170.36 ARBORIST REPORT 0.00 80'.50 FY 2003-200' OPEN PURC 0.00 316.19 FOUNTAIN MACHINE 0.00 21. 65 FOUNTAIN MACHINE 0.00 21.65 FOUNTAIN MACHINE 0.00 21.65 FOUNTAIN MACHINE 0.00 21.65 FOUNTAIN MACHINES 0.00 21.65 0.00 108.25 'COLONIAL/E7013899 0.00 283.08 COLONIAL/E7013899 0.00 363.17 0.00 646.25 OETAIL CARS A25S23 0.00 485.00 TLT REIMBURSEMENT 0.00 66.11 TLT REIMBURSEMENT 0.00 ".99 0.00 81.10 TB/ ATWOOD, GLEAVES, ER 0.00 45 .00 TB/HUANG, NETHISINGHE 0.00 30.00 TB/CAUWET, OHAGEN, SINE 0.00 45 .00 TB/XRAY/NETHISINGHE 0.00 128.00 0.00 248 .00 FY 2003-200' OPEN PURC 0.00 6.93 FY 2003-2004 OPEN PURC 0.00 49.38 0.00 56.31 - FINANCIAL ACCOUNTING 5-3 06/21/04 CITY OF CUPERTINO ACCOUNTING PERIOO, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "06/14/2004" and "06/18/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO _uuVENDORuu_u_uu- FUND/DEPT ISSUE DT -_u- 1020 608812 06/18/04 19B CUPERTINO UNION SCHL OIS 2308004 1020 608813 06/18/04 M Carlino, Pauline 550 1020 608814 06/18/04 2866 DIANA R. ELROD 1107405 1020 608815 06/18/04 676 DEPARTMENT OF JUSTICE 1104510 1020 608816 06/18/04 2864 DIAMOND TRIUMPH AUTO GLA 6308840 1020 608817 06/18/04 M Oewes, Nancy 550 1020 608818 06/18/04 240 ELIZABETH ANN ELLIS 1101070 1020 608819 06/18/04 242 EMPLOYMENT DEVEL DEPT 110 1020 608820 06/18/04 243 EMPLOYMENT DEVELOPMENT 110 1020 608821 06/18/04 1949 EVENT SERVICES 1108503 1020 608822 06/18/04 3181 FERMAR CORP 5806449 1020 608823 06/18/04 1931 FREITAS & FREITAS 1104330 1020 608824 06/18/04 1808 KIM FREY 1101065 1020 608825 06/18/04 3188 G H SPECIALTIES 1104400 1020 608826 06/18/04 2476 GARDEN EQUIPMENT CLINIC 1108201 1020 608827 06/18/04 281 GARDENLAND 6308840 1020 608827 06/18/04 281 GARDENLAND 1108312 1020 608827 06/18/04 281 GARDENLAND 1108408 1020 608827 06/18/04 281 GARDENLAND 1108408 1020 608827 06/18/04 281 GARDENLAND 6308840 1020 608827 06/18/04 281 GARDENLAND 6308840 1020 608827 06/18/04 281 GAROENLAND 6308840 1020 608827 06/18/04 281 GAROENLAND 6308840 1020 608827 06/18/04 281 GARDENLAND 6308840 TDTAL CHECK 1020 608828 06/18/04 3186 THE GIBSON GROUP TRUST 1108005 1020 608829 06/18/04 3187 hGOLDFARB & LIPMAN 1104330 1020 608830 06/18/04 1741 GOVCONNECTION, INC. 6104800 1020 608830 06/18/04 1741 GOVCONNECTION, INC. 1102401 TOTAL CHECK 1020 608831 06/18/04 298 GRAINGER INC 6308840 RUN DATE 06/21/04 TIME 07,59,23 uDESCRIPTIONn_-u 10/2,3,7 BUS TRIPS Refund, Check Unable COMM DEVELOP CONTRACT FINGERPRINTS MAY 2004 REPLACE GLASS A25530 Refund, Check Unable TRANS.MTG 5/10 & 24 SIT/932-0014-5 SDI/776-5260-0 RENTAL 5/01-31 REFEREE SERVICE FOR SU COMM DEVELOP CONTRACT LAST DINNER 6/09 SUPPLIES SAFETY BOOTS FY 2003-2004 OPEN PURC PARTS/SUPPLIES A25518 PARTS/SUPPLIES 20358 PARTS/SUPPLIES A25517 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC GIBSON BAKERSFIELD INITIATIVE ANALYSIS EXABYTE USB CABLES PHO EXABYTE USB CABLES PHO FY 2003-2004 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 378.30 45.00 1245.06 992.00 261. 63 118.00 700.00 18355.94 1203.08 162.38 3000.00 8772.50 101. 44 636.98 1103.65 -10.75 192.01 51. 44 375.19 8.98 24.26 410.46 30.80 387.82 1470.21 9596 .00 3133.90 95.82 14.60 110.42 70.34 5-1 06(21(04 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO SELECTION CRITERIA, transacLtrans_date between "05/14/2004" and "D6/lS/2D04" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 608831 1020 608831 TOTAL CHECK 1020 608832 1020 608832 TOTAL CHECK 1020 608833 1020 608834 1020 608835 1020 60BB36 1020 508837 1020 60883B 1020 608839 1020 608839 TOTAL CHECK 1020 608840 1020 608841 1020 608842 1020 608843 1020 608844 1020 608845 1020 608846 1020 608846 1020 608846 1020 608846 1020 608846 TOTAL CHECK 1020 1020 608847 608847 1020 608847 TOTAL CHECK 1020 60884B 1020 608849 ISSUE DT - 06/1B/04 298 06/1B/04 29B 06/1B/04 B99 06/1B/04 899 06/1B/04 ME2004 06/1B/04 M2004 06/1B/04 1410 06/1B/04 M 06/1B/04 2512 06/1B/04 334 06/1B/04 189B 06/1B/04 l89B 06/1B/04 2027 05/18/04 3137 06/18/04 M 06/18/04343 06/1B/04 M 06/1B/04 346 06/1B/04 2528 06/1B/04 2528 06/1B/04 2528 06/1B/04 2528 06/1B/04 2528 06/1B/04 1981 06/1B/04 1981 06/1B/04 1981 06/1B/04 353 06/18/04 1122 - u u u -- -VENDOR-- FUND/DEPT GRAINGER INC GRAINGER INC 6308840 1108503 GUZZARDO & ASSOCIATES IN 110BlOl GUZZARDO & ASSOCIATES IN 4259313 HANEL, CHRISTINE 5806349 HDL COREN & CONE 1104100 HILLYARD 5606640 HO, JESSICA 580 RONALD HOGUE 5506549 HOME DEPOT CREDIT SERVIC 5606620 AUTOMATIC RAIN CO. AUTOMATIC RAIN CO. 110B303 1108407 MARSHA HOVEY 1104400 HY FLOOR & GAMELINE 5706450 Hubbard, Howard 550 ICMA RETIREMENT TRUST-45 110 lMAKI, KANA 5BO INDEPENDENT ELECTRIC SUP 4259313 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD 11oB303 110B314 1108315 INDOOR BILLBOARD 110B312 110B3D2 INTERSTATE TRAFFIC CONTR 27oB405 INTERSTATE TRAFFIC CONTR 2708404 INTERSTATE TRAFFIC CONTR 2708404 IRON MOUNTAIN 1104300 JOHNSTONE SUPPLY 110B504 RUN DATE 06/21/04 TIME 07,59,23 PAGE 4 - - - uDESCRIPTION- - - - u SALES TAX AMOUNT FY 2003-2004 OPEN PURC 0.00 88.38 FY 2003-2004 OPEN PURC 0.00 202.16 0.00 360.88 SERVICE AGREEMENT FOR 0.00 254.90 PUBLIC WORKS CONTRACT 0.00 725.11 0.00 980.01 TRAINING SUPPLIES 0.00 111.01 COREN/03/04 CAFR STAT 0.00 250.00 SUPPLIES 0.00 278.64 Refund, Check SUMMER 0.00 100.00 SERVICE AGREEMENT FOR 0.00 200.00 PARTS/SUPPLIES A26007 0.00 441. 70 FY 200J-2004 OPEN PURC 0.00 1044.58 FY 2003-2004 OPEN PURC 296 .58 0.00 1341.16 SUPPLIES 0.00 101.91 COURT LINES FOR MPR 0.00 2770.00 REFDS 58516 & 58517 0.00 550.00 'ICMA 0.00 5525.20 Refund, Check SUMMER 0.00 220.00 BANNER ARMS 0.00 1082 .50 FY 200J-2004 OPEN PURC 0.00 105.21 FY 200J-2004 OPEN PURC 0.00 105.20 FY 2003-2004 OPEN PURC 0.00 105.20 FY 200J-2004 OPEN PURC 0.00 105.21 FY 2003-2004 OPEN PURC 0.00 105.21 0.00 526.03 SUPPLIES 20313 0.00 20.24 SUPPLIES WATERBORNE WH 0.00 3065.64 TRAFFIC PAINT AND STEN 0.00 1764.48 0.00 4850.36 RECORDS STORAGE 0.00 377.26 SUPPLIES 0.00 124.65 - FINANCIAL ACCOUNTING ")-5 06/21/04 ACCOUNTING PERIOO, 12/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "06/H/2004" and "06/18/2004" CASH ACCT CHECK NO FUND no - GENERAL FUND ISSUE DT uu_u_-- --VENDORuu_u-- -- FUND/DEPT 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 608850 608B51 60BB52 608853 608854 608855 608856 60BB57 60885B 6OB85B 608859 608860 608861 60a862 608863 60B863 608864 608865 608866 608867 60a86a 608869 608870 608871 608872 06/18/04 a79 06/IB/04 1972 06/la/04 M 06/18/04 M2004 06/la/04 2JOO 06/18/04 392 06/la/04 2999 06/18/04 2357 06/18/04 408 06/la/04 408 06/la/04 M2004 06/la/04 435 06/la/04 3041 06/la/04 2567 OG/18/04 447 06/18/04 447 06/18/04 465 06/18/04 M 06/18/04 M 06/la/04 473 06/18/04 302 06/la/04 3139 06/18/04 2562 06/la/04 ME2004 06/IB/04 487 KEYSER MARSTON ASSOCIATE nOH05 KIMBALL-MIDWEST 6308840 KONDO, YUKA 580 KUROMUJA, ETSUKO no BARBARA LAUX 5506549 LEAGUE OF CALIFORNIA CIT nOaOOI LESCO n08303 LIGHTHOUSE 6308840 LOS GATOS MEAT & SMOKEHO 5606520 LOS GATOS MEAT & SMOKEHO 5606620 MCLARNEY CONSTRUCTION CO no METAL BUILDING COMPANY 4209216 MADHUWANTI MlRASHI 5506549 MISDU no MISSION LINEN SUPPLY MISSION LINEN SUPPLY n08201 n08201 MOUNTAIN VIEW GARDEN CEN n08314 McELLIGOTT, WENDY 5ao Murakami, Hideko (Heidil 550 NASER DISTRIBUTORS INC 5606520 NATIONAL DEFERRED CaMPEN no NEIGHBRHD HSG SVC SILlCO nOH05 NEWCOMB MECHANICAL INC. n08501 NICOLOPULOS, MARIE nO4510 NORTHAIRE SUPPLY co noa505 RUN DATE OG/21/04 TIME 07,69,23 -_u-DESCRIPTIONuuu PLANNING CONTRACT THRU PARTS/SUPPLIES A25520 Refund, Check - SUMMER UNUSED NOTICE DEPOSIT SERVICE AGREEMENT FOR ANNUAL CONF 2004 FY 2003-2004 OPEN PURC SWITCH CONTROL A25525 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC DEVELOP. MAINT DEPST STREET SOTRAGE BLDG SERVICE AGREEMENT FOR J TRYBUS 3a5960533 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC Refund, Check - Return Refund, Check - Class FY 2003-2004 OPEN PURC 'NAT'L OEF PLANNING CONTRACT THRU 20/20 LAMPS FINGERPRINT REFUND SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 9460.33 169.77 129. 00 129.34 700.00 390.00 580.22 142.63 394.17 2869.20 3263.37 416.21 nooo. 00 270 .00 221. 50 85.42 87 .24 172.66 70.51 JOO.OO 65.00 501.17 1a190.93 1666.66 2630.00 18.00 60.19 s--b 06/21/D< CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD, 12/D< CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "06/H/2004" and "06/18/20D<" FUND - GENERAL FUND CASH ACCT CHECK NO ISSUE DT - - - - - - - - - - - - -VENDOR-- - - - - --- --- FUND/OEPT - -- -DESCRIPTION- - - - -- SALES TAX AMOUNT 1020 608873 06/18/04 493 OFFICE DEPOT 1104400 OFFICE SUPPLIES 0.00 107.62 1020 608873 06/18/04 493 OFFICE DEPOT 1104510 COFFEE SUPPLIES 0.00 86.73 1020 608873 06/18/D< 493 OFFICE OEPOT 5806449 OFFICE SUPPLIES 0.00 126.65 1020 608873 06/18/04 493 OFFICE DEPOT 1104310 OFFICE SUPPLIES 0.00 107.71 1020 608873 06/18/04 493 OFFICE DEPOT 1108101 OFFICE SUPPLIES 0.00 199.79 1020 608873 06/18/04 493 OFFICE DEPOT 5806349 OFFICE SUPPLIES 0.00 263.39 1020 608873 06/18/D< 493 OFFICE DEPOT 1107405 OFFICE SUPPLIES 0.00 129.27 1020 60B873 06/1B/D< 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 36.51 1020 608873 06/18/04 493 OFFICE OEPOT 1108201 OFFICE SUPPLIES 0.00 38.33 TOTAL CHECK 0.00 1096. 00 1020 608874 06/1B/04 1190 RONALD OLDS 1103500 PREVENTIVE MAINT. 0.00 819.37 1020 608875 06/18/D< 501 OPERATING ENGINEERS" 110 UNION DUES 0.00 715.81 1020 608876 06/18/04 500 OPERATING ENGINEERS PUB 1104510 H & W PW RETIRED SPSL 0.00 3812.50 1020 608876 06/18/04 500 OPERATING ENGINEERS PUB 110 H & W PW EMPLOYEES 0.00 4248. 00 TOTAL CHECK 0.00 8060.50 1020 608877 06/18/04 ME20D< ORTEGA, PABLO 1104510 FINGERPRINT REFUND 0.00 25.00 1020 608878 06/18/04 833 PER S 110 'PERS BYBK 0.00 123.70 1020 608878 06/18/04 833 PER S 110 PERS 1959 0.00 113.46 1020 608878 06/1B/04 833 PER S 110 PERS EMPLY 0.00 25919.84 1020 608878 06/1B/04 833 PER S 110 PERS EMPLR 0.00 7073.57 1020 608878 06/18/04 833 PER S 110 PERS SPEC 0.00 209.35 1020 608878 06/18/04 833 PER S 110 'PERS BYBK 0.00 462.65 TOTAL CHECK 0.00 33902.57 1020 608879 06/18/04 513 PACIFIC GAS & ELECTRIC I 5606620 4/27-5/26 0.00 139.69 1020 608879 06/18/04 513 PACIFIC GAS & ELECTRIC I 5606620 4/27-5/26 0.00 12.07 1020 608879 06/18/0' 513 PACIFIC GAS & ELECTRIC I 1108508 5/06-6/07 0.00 38.64 TOTAL CHECK 0.00 190.40 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108503 4/27-5/26 0.00 895.10 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108407 4/27-5/26 0.00 1409.61 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 5606620 4/27-5/26 0.00 1996.55 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 5606640 4/27-5/26 0.00 171.59 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108602 4/27-5/26 0.00 1242.81 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108506 4/27-5/26 0.00 112.42 1020 608880 O6/1B/04 513 PACIFIC GAS & ELECTRIC I 110B312 4/27-5/26 0.00 266.92 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108830 4/27-5/26 0.00 39.56 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 5208003 4/27-5/26 0.00 6.89 1020 608880 06/1B/O4 513 PACIFIC GAS & ELECTRIC I 1108315 4/27-5/26 0.00 191.53 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108504 4/27-5/26 0.00 6941.96 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC ( 1108511 4/27-5/26 0.00 237.61 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108314 4/27-5/26 0.00 543.94 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108501 4/27-5/26 0.00 3812.30 1020 6088BO 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108505 4/27-5/26 0.00 2786.52 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 5708510 4/27-5/26 0.00 5091. 87 1020 608880 06/18/04 513 PACIFIC GAS & ELECTRIC I 1108303 4/27-5/26 0.00 4638.92 RUN DATE 06/21/04 TIME 07,59,23 FINANCIAL ACCOUNTING )-Î 06/21/04 ACCOUNTING PERIOO, 12/04 CITY OF CUPERTINO CHECK REGISTER - OISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "06/14/2004" and "06/18/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 608880 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 608881 608882 608883 608884 608884 608885 608886 608887 608888 1020 608889 1020 608889 1020 608889 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 608890 608890 608890 608890 608890 608890 608891 608892 608892 608893 608894 608895 608896 60889G 608896 608896 ISSUE DT ---- 06/18/04 513 06/18/04 520 OG/18/04 M 06/18/04 M OG/18/04 526 OG/IB/04 526 06/18/04 533 06/IB/04 1929 OG/IB/04 3150 06/18/04 1247 06/IB/04 2661 06/IB/04 2661 06/18/04 2661 OG/IB/04 509 06/IB/04 509 06/IB/04 509 06/18/04 509 06/18/04 509 06/IB/04 509 06/18/04 M2004 06/IB/04 602 06/18/04 602 06/18/04 2043 06/18/04258 06/18/04 2224 06/IB/04 633 06/IB/04 G33 06/18/04 633 06/18/04 633 _u----VENDOR-_u--------- FUND/DEPT PACIFIC GAS & ELECTRIC ( 1108507 PAPERDIRECT INC 1106265 PARVATHANENI, SYAM KUMAR 580 PEACH, ELAINE 580 PENINSULA DIGITAL lMAGIN 1108101 PENINSULA DIGITAL IMAGIN 4209544 PERS LONG TERM CARE PROG 110 LEON C. PIROFALO 1107302 KRISTEN POPOVICH, MFT 1102402 MARIE PRESTON 1106448 PROFESSIONAL TURF MGMNT, 5606640 PROFESSIONAL TURF MGMNT, 5606640 PROFESSIONAL TURF MGMNT, 5609105 PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC 5806349 1106343 1106343 5806349 1106343 5806649 REI 2708405 ROYAL COACH TOURS ROYAL COACH TOURS 5506549 5506549 RUDE'S PEST MANAGEMENT 5606640 SANTA CLARA COUNTY 110 SANTA CLARA CNTY CLERK/R 110 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5806349 RUN DATE 06/21/04 TIME 07,59,23 -----DESCRIPTION------ 4/27-5/26 OFFICE SUPPLY A25744 Refund, Check - SUMMER Refund, Check SUMMER BMP SHEETS SAFE ROUTES PLANS PERS LTC/2405 SERVICES/GEN. PLAN UPD PARENT CLASS 5/4-5/25 6/10 MEETING ITEMS PUBLIC WORKS CONTRACT TREE IMPROVEMENTS CIP IRRIGATION SUPPLIES 25591 SUPPLIES 22525 SUPPLIES 25507 SUPPLIES 22962 SUPPLIES 22524 SUPPLIES 25503 QS2 SCREWGATE BONFANTE GARDENS 6/08 SAN FRANCISCO 6/04 BEE HIVE REMOVAL V ORTEGA 563312780 NEG. DECLAR. FILING JUNE 01/200' BBF MAY29, 30,31/2004 BBF MAYl5, 16/2004 BBF DANCE G/04/04 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00 0.00 0.00 O. 00 0.00 PAGE 1 AMOUNT 732.67 31118.77 251.85 104.00 35.00 70.90 62.46 133.36 119.15 2868.40 BOO.OO 74.90 150.00 7168 .24 825.00 8143.24 4.85 12.63 15.48 59.94 27 .41 lB.97 139.28 338 .17 681.43 632.79 1314.22 125.00 588.00 50.00 1569.70 1372.98 1624.11 324.54 4891. 33 FINANCIAL ACCOUNTING ~-¡ O6/n/G4 ACCOUNTING PERIOO, 12/04 CITY OF CUPERTINO PAGE 8 CHECK REGISTER - OISBURSEMENT FUND SELECTION CRITERIA, transacLtrans_date between "06/14/2004" and "06/18/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -- -- -----VENDOR- -- -- - ---- FUND/DEPT -- -- -DESCRIPTIONn SALES TAX AMOUNT 1020 608897 06/18/04 1919 SANTA CLARA VALLEY TRANS 5500000 TICKETS/PASSES MAY04 0,00 262 .50 1020 608897 06/18/04 1919 SANTA CLARA VALLEY TRANS 5500000 TICKETS/PASSES APRO4 0.00 210. 00 TOTAL CHECK 0.00 472.50 1020 608898 06/18/04 2875 RlCOH CUSTOMER FINANCE C nO4310 JO131303354 JULY2004 0.00 n4. 66 1020 608899 06/18/04 2875 RICOH CUSTOMER FINANCE C nO820l J833220l915 JULYO4 0.00 130.94 1020 608900 06/18/04 2397 SAVIN CREDIT CORPORATION n04310 H2400800225 JULYO4 0.00 137.83 1020 608901 06/18/04 2692 SBC n08504 4/27-5/28 0.00 77 .51 1020 608901 OS/18/04 2692 SBC nOa50l 4/29-5/28 0.00 64.90 TOTAL CHECK 0.00 142.41 1020 608902 06/18/04 2692 SBC n08508 4/29-5/28 0.00 60.82 1020 608902 06/18/04 2692 SBC n06500 4/29-5/28 0.00 54.96 1020 608902 06/18/04 2692 SBC 5606620 4/29-5/28 0.00 106.93 1020 608902 06/18/04 2692 SBC 5606640 4/29-5/28 0.00 171.43 1020 608902 06/18/04 2692 SBC nO8201 4/29-5/28 0.00 252 .65 1020 608902 06/la/04 2692 SBC n08501 4/29-5/28 0.00 n6.46 1020 608902 06/18/04 2692 SBC n08503 4/29-5/28 0.00 58.16 1020 608902 06/18/04 2692 SBC n08507 4/29-5/28 0.00 54.98 1020 608902 06/18/04 2692 SBC n08509 4/29-5/28 0.00 54.98 TOTAL CHECK 0.00 931.37 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 17382.50 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 32054.28 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 431.73 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 4435.00 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 34450 .00 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 4455.99 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 2n9.35 1020 608903 06/18/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 2325.00 TOTAL CHECK 0.00 97653.B5 1020 608904 06/18/04 ME2004 SMITH, KATHLEEN 1104510 FINGERPRINT REFUND 0.00 20.00 1020 608905 06/18/04 M2004 SOBRATO DEVELOPMENT CO. no DEVELOPMENT MAINT FEE 0.00 18.40 1020 608906 06/18t04 M SON, KEUNG 580 Refund, Check - SUMMER 0.00 99. 00 1020 608907 06/la/04 M2004 SONY ELECTRONICS INC. 1103500 ACCESS SUBS. RENEWAL 0.00 155. 00 1020 608908 06/18/04 671 STANDARD BUSINESS MACHIN 4239222 CANNON IR20l0F COPIER 0.00 351. al 1020 608909 06/18/04 3171 STAPLES BUSINESS ADVANTA 1107301 OFFICE SUPPLIES 0.00 173. 00 1020 608909 06/1B/04 3171 STAPLES BUSINESS ADVANTA 1107503 OFFICE SUPPLIES 0.00 382.85 1020 608909 06/18/04 3171 STAPLES BUSINESS ADVANTA 2607401 OFFICE SUPPLIES 0.00 5.80 1020 608909 OS/lB/04 3171 STAPLES BUSINESS ADVANTA 2607401 OFFICE SUPPLIES 0.00 2.60 1020 608909 06/18/04 3171 STAPLES BUSINESS ADVANTA 1104510 COFFEE SUPPLIES 0.00 139.95 RUN DATE 06/21/04 TIME 07,59,23 - FINANCIAL ACCOUNTING t;-1 06/21/04 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO SELECTION CRITERIA, «ansaCLcrans_dace becween "06/H/2O04" and "06/H/2004" CHECK REGISTER - DISBURSEMENT FUND CASH ACCT CHECK NO FUND - 110 - GENERAL FUND ISSUE DT 1020 608909 1020 608909 1020 608909 TOTAL CHECK 1020 608910 1020 608911 1020 608912 1020 608912 1020 60B912 1020 608912 1020 608912 1020 608912 TOTAL CHECK 1020 60B913 1020 608914 1020 608915 1020 608915 1020 608915 TOTAL CHECK 1020 608916 1020 608917 1020 608918 1020 608919 1020 608919 TOTAL CHECK 1020 608920 1020 608921 1020 608922 1020 60B923 1020 608924 1020 60B925 1020 608926 1020 608926 TOTAL CHECK 06/18/04 3171 06/1B/04 3171 06/1B/04 3171 06/1B/O4 1011 06/18/04 677 06/18/04 3045 06/18/04 3045 06/1B/04 3045 06/18/04 3045 06/18/04 3045 06/18/04 3045 06/18/04 529 06/18/04 695 06/18/04 700 06/18/04700 06/1B/04 700 06/18/04 701 06/18/04 IB76 06/18/04 3044 06/18/04 2396 06/18/04 2396 06/18/04 1993 06/1B/04 M 06/1B/04 724 06/1B/04 1154 06/18/04 2sa4 06/18/04 761 06/18/04 774 06/18/04 774 ---VENDOR------- ---- FUND/DEPT STAPLES BUSINESS ADVANTA 110BlOl STAPLES BUSINESS ADVANTA sa 0 6249 STAPLES BUSINESS ADVANTA saO6449 STATE BOARD OF EQUALIZAT 110 STATE STREET BANK & TRUS 110 SUGIMURA & ASSOCIATES SUGIMURA & ASSOCIATES SUGIMURA & ASSOCIATES SUGIMURA & ASSOCIATES SUGIMURA & ASSOCIATES 4209225 1108101 110BSOI 1108101 SUGlMURA & ASSOCIATES 4209225 1108501 SUNGARD PENTAMATION, INC 6104BOO SYSCO FOOD SERVICES OF S 5606620 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 110B314 TARGET SPECIALTY PRODUCT 1108312 TARGET STORES 5706450 TEKTRONIX INC 1103500 TENJI INCORPORATED, A CA 4239222 TREADWELL & ROLLO TREADWELL & ROLLO 4259313 4259313 TREASURER OF ALAMEDA COD 110 TSUNG, SOPHIA sao TURF & INDUSTRIAL EQUIPM 5606620 UNITED WAY OF SANTA CLAR 110 UNIVERSAL DIALOG, INC. 1103300 WEDEMEYER BAKERY 5606620 WESTERN HIGHWAY PRODUCTS 270",05 WESTERN HIGHWAY PRODUCTS 270"'05 RUN DATE 06/21/04 TIME 07,59,23 -----DESCRIPTION-- OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 5/1-6/15 PREPAYMENT 'PERS DEF PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT DATA LINE CHRGS MAY04 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC PARTS/SUPPLIES 25455 PARTS/SUPPLIES 16481 PUBLIC WORKS CONTRACT GEOTECHNICAL SERV. GEOTECHINICAL SERV A LOPEZ JR 566398126 RFO, 274589 & 274590 SUPPLIES/PARTS A26009 UNITED WAY TRANSLATE 4/28-5/10 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC PAGE 9 SALES TAX AMOUNT O. 00 212.26 0.00 121.12 0.00 83.79 0.00 1121. 37 0.00 IB71. 00 0.00 4033. B6 0.00 4248.96 0.00 85.57 0.00 7B.98 0.00 1240. 03 O. 00 293.19 0.00 1144 .64 0.00 7091. 37 O. 00 219.26 0.00 2B67.03 0.00 852.23 0.00 285.59 0.00 512.61 0.00 1650 .43 0.00 32 .40 0.00 43.43 0.00 525.00 0.00 1268. 00 O. 00 67B.25 0.00 1946.25 0.00 253.84 0.00 304.00 0.00 431. 20 a 00 99.00 0.00 1032.48 0.00 274.45 0.00 seO1.12 0.00 -1481.67 0.00 4319.45 - FINANCIAL ACCOUNTING ')-/0 06/21/04 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, .trans.date between "05/14/2004" and "05/18/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -_u_u-_u_uVENDORu- - FUND/DEPT 1020 608927 06/18/04 775 WESTERN PACIFIC SIGNAL L 1108602 1020 508928 06/18/04 2969 WIC, WONDER ICE CREAM 01 5606620 1020 608929 06/18/04 M WOODWORTH, CORNELIA 580 1020 608930 06/18/04 M2004 WU, ANDREW 110 1020 608931 06/18/04 M Wert, Anne 550 1020 608932 06/18/04 2786 YUAN CHIH DANCE OF AMERI 5505549 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE OS/21/04 TIME 07,59,23 PAGE 10 -DESCRIPTION-_uu SALES TAX AMOUNT SSTREETWISE SUPPORT 0.00 8500.00 FY 2003-2004 OPEN PURC 0.00 520.73 Refund, Check SUMMER 0.00 79.00 UNUSED NOTICE DEPOSIT 0.00 328.03 Refund, Check Unable 0.00 40.00 SERVICE AGREEMENT FOR 0.00 248.00 0.00 367104.18 0.00 367104.18 0.00 367104.18 FINANCIAL ACCOUNTING ç-Il DRAFT RESOLUTION NO. 04-347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING JUNE 25, 2004 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: r.£4~ (), tl:fuh'L,.j) Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of July , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Ç-/L (3$<./ 06/24/04 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, tran,.ct.trans~date between "06/21/2004" and "06/25/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR-- FUND/DEPT - - - --DESCRIPTION------ SALES TAX AMOUNT 1020 608933 06/25/04 4 AT & T 110B501 JUNE 2004 STATEMENT 0.00 22.68 1020 608934 06/25/04 13 ACME & SONS SANITATION C 5606640 PY 2003-2004 OPEN PURC 0.00 172. B3 1020 608935 06/25/04 M2004 AFFYMETRIX 5600000 ADMISSIONS OVRPYMT 0.00 77.00 1020 608936 06/25/04 2276 ALHAMBRA 5706450 BOTTLED DRINKING WTR 0.00 40.55 1020 608937 06/25/04 1532 ALOTTA'S DELICATESSEN 2204010 LEADERSHIP LUNCH 6/17 0.00 125B .41 1020 608938 06/25/04 2233 ALWAYS UNDER PRESSURE 6308840 HOSE A25540 0.00 283.67 1020 608939 06/25/04 1452 AMERICAN PLANNING ASSOCI 1107200 DUES PIASECKI Bn6 0.00 400.00 1020 608940 06/25/04 57 ARAMARK 1104510 COFFEE SUPPLIES 0.00 133.47 1020 608941 06/25/04 3190 AUTO WORKS 6308840 SUPPLIES #84 0.00 167. 7B 1020 608942 06/25/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 15.89 1020 608942 06/25/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 128. DB 1020 608942 06/25/04 96B BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 24.16 1020 608942 06/25/04 96B BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00 13.30 TOTAL CHECK 0.00 1B1.43 1020 608943 06/25/04 7B JO ANN BARNEY 5B06249 SERVICE AGREEMENT FOR 0.00 207.00 1020 60B944 06/25/04 720 BATTERY SYSTEMS 6308840 PY 2003-2004 OPEN PURC 0.00 B5.41 1020 608945 06/25/04 M CAO, YIPU 5BO Refund, Check - SUMMER 0.00 67.00 1020 608946 06/25/04 146 CASH sa 06449 P.CASH 6/14-6/21 0.00 64.82 1020 60B946 06/25/04 146 CASH 5BO6349 P.CASH 6/14-6/21 0.00 124.1B 1020 608946 06/25/04 146 CASH 1106342 P.CASH 6/14-6/21 0.00 11.00 TOTAL CHECK 0.00 200.00 1020 608947 06/25/04 149 CASH 1104000 P.CASH 6/10-6/23 0.00 26.36 1020 608947 06/25/04 149 CASH 1101000 P.CASH 6/10-6/23 0.00 54.00 1020 608947 06/25/04 149 CASH 1101201 P.CASH 6/10-6/23 0.00 3.89 1020 608947 06/25/04 149 CASH 1103500 P.CASH 6/10-6/23 0.00 24.44 1020 608947 06/25/04 149 CASH 1104510 P.CASH 6/10-6/23 0.00 5.00 1020 608947 06/25/04 149 CASH 110B101 P.CASH 6/10-6/23 0.00 15.00 1020 608947 06/25/04 149 CASH 2204010 P.CASH 6/10-6/23 0.00 100.20 1020 608947 06/25/04 149 CASH 1106100 P. CASH 6/10-6/23 0.00 19.83 TOTAL CHECK 0.00 24B. 72 1020 608948 06/25/04 2646 CDW-G 6109856 SYM MAIL SECURITY 4.5 0.00 31. 64 1020 608948 06/25/04 2646 CDW-G 6109856 SYM MAIL SECURITY 4.5 0.00 9074.06 TOTAL CHECK 0.00 9105.70 1020 608949 06/25/04 M CRAN, WINNIE saD REFD 277010 & 277011 0.00 268.00 RUN DATE 06/24/04 TIME 06, sa, 36 FINANCIAL ACCOUNTING ç-fJ 06/24/04 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND SELECTION CRITERIA, transact. trans_date between "06/n/2004" and" 06/'5/'004" ISSUE DT --------------VENDOR------------- FUND/DEPT CASH ACCT CHECK NO 1020 608950 06/'5/04 M 10'0 608951 06/25/04 2871 1020 608952 06/25/04 183 10'0 608953 06/25/04 1130 1020 608954 06/25/04 1579 1020 608954 06/25/04 1579 TOTAL CHECK 1020 608955 06/'5/04 192 10'0 608955 06/25/04 192 TOTAL CHECK 1020 608956 06/'5/04 194 1020 608956 06/25/04 194 TOTAL CHECK 1020 608957 06/25/04 198 1020 608958 06/25/0' M2oo4 1020 608959 06/25/04 201 1020 608959 06/25/0' 201 TOTAL CHECK 1020 608960 06/25/04 3177 06/25/0' 3177 1020 608960 TOTAL CHECK CHO, JONG 580 JACIÅ’ON CHOW 5806249 COTTON SHIRES & ABSO INC 110 THE COURT WORKS 5706450 CUPERTINO LOC-N-STOR LLC 1108501 CUPERTINO LOC-N-STOR LLC 1108503 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 1108312 5606620 CUPERTINO UNION SCHL DIS 1106448 CYS COMMUNITY YOUTH SERV 5600000 DAPPER TIRE CO DAPPER TIRE CO 6308840 6308840 NINA DARUWALLA NINA DARUWALLA 1104400 110"00 1020 608962 06/25/04 209 DE ANZA SERVICES INC 5708510 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108509 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108315 1020 608962 06/25/04 209 DE ANZA SERVICES INC 110831' 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108508 1020 608962 06/25/04 209 DE ANZA SERVICES INC 57oa51o 1020 608962 06/25/04 209 DE ANZA SERVICES INC 5708510 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 11oa511 1020 608962 06/25/04 209 DE ANZA SERVICES INC 11oa501 1020 608962 06/25/0' 209 DE AN2A SERVICES INC 110850' 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108407 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108504 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108507 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108505 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108504 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108303 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108302 1020 608962 06/25/0' 209 DE ANZA SERVICES INC 1108314 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108506 RUN DATE 06/24/04 TIME 06,58,36 ---- -DESCRIPTION---- -- Refund, Check - SUMMER SERVICE AGREEMENT FOR GEOLOGIC REVIEW SUPPLIES G-34 JULY 200' G-33 JULY 2004 TB/S. BLAKE-BURKE T8/COLOMBO, HULTQUIST FY 2003-2004 OPEN PURC DRAIN PUMP 4TH OF JULY ADMISSIONS OVERPAYMEN FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC 6/09-6/06 6/17-6/23 FLOOR MAINTENANCE JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 SEAL FLOORS JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 CARPETS CITY HALL RUGS QUINLAN COMM JANITORIAL JUNE 2004 DAY CARE RUGS JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 JANITORIAL JUNE 2004 OVERPAYMENT/WILSON PK JANITORIAL JUNE 2004 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 AMOUNT 279 .00 2502.50 625.00 3154.19 217 .00 217 .00 434 .00 15.00 30.00 45 .00 6.67 329 .31 335.98 409.50 390.00 362.89 86.54 449.43 500.00 650.00 1150.00 48.72 714.28 747.10 4482.63 141.53 1132.50 5311.03 1163.89 95 .00 300.00 1014.93 165.00 2228.38 3535.12 6244 .50 1494.23 747.10 -1906.34 346.84 - FINANCIAL ACCOUNTING S- -{ L( 06/24/04 CITY OF CUPERTINO ACCOUNTING PERIOD. 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA. transact. trans_date between "06/21/'004" and "06/25/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR-------- ---- FUND/DEPT - - - - -DESCRIPTION- ----- SALES TAX 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108501 JANITORIAL JUNE 2004 0.00 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108502 JANITORIAL JUNE 2004 0.00 1020 608962 06/25/04 209 DE ANZA SERVICES INC 1108503 JANITORIAL JUNE 2004 0.00 1020 608962 06/25/04 209 DE ANZA SERVICES INC 5606640 JANITORIAL JUNE 2004 0.00 1020 608962 , 06/25/04 209 DE ANZA SERVICES INC 5606620 PARK CLEAN-UP 0.00 TOTAL CHECK 0.00 1020 608963 06/25/04 2795 DEVCON ASSOCIATES XVI 4239222 JULYO4 RENT TEMP LBRY 0.00 1020 608964 06/25/04 1242 DIGITAL PRINT IMPRESSION 1104310 LETTERHEAD EVN (5K) B 0.00 1020 608964 06/25/04 1242 DIGITAL PRINT IMPRESSION 1104530 B. CARDS/TRYBUS 0.00 TOTAL CHECK 0.00 1020 608965 06/25/04 3083 DYNAMIC GRAPHICS, INC. 1103400 JUNE 2004 0.00 1020 608966 06/25/04 250 EUPHRAT MUSEUM OF ART 5806249 SERVICE AGREEMENT FOR 0.00 1020 608967 06/25/04 253 EXCHANGE LINEN SERVICE 5606620 FY 2003-2004 OPEN PURC 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 110 COURIER SERVICE 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 1104330 COURIER SERVICE 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 4239222 COURIER SERVICE 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 110 COURIER SERVICE 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 1104300 COURIER SERVICE 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 110 COURIER SERV R25606 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 1104330 COURIER SERV/ELECTION 0.00 1020 608968 06/25/04 260 FEDERAL EXPRESS CORP 1101070 COURIER SERVICE 0.00 TOTAL CHECK 0.00 1020 608969 06/25/04 1401 FINANCIAL RESEARCH CENTE 1104000 SUBSCRIPT RNWL ATWOOD 0.00 1020 608970 06/25/04 818 BEACON FIRE & SAFETY, LP 1108505 6 MONTHS SERVICE 0.00 1020 608970 06/25/04 818 BEACON FIRE & SAFETY, LP 1108503 6 MONTHS SERVICD 0.00 1020 608970 06/25/04 818 BEACON FIRE & SAFETY, LP 1108504 6 MONTHS SERVICD 0.00 TOTAL CHECK 0.00 1020 608971 06/25/04 273 FREMONT UNION H.S. DIST. 5806449 POOL RENTAL M. VISTA 0.00 1020 608971 06/25/04 273 FREMONT UNION H.S. DIST. 5806449 POOL RENTAL CUPERTINO 0.00 TOTAL CHECK 0.00 1020 608972 06/25/04 M GANDHI, HEMANT 580 Refund. Check - SUMMER 0.00 1020 608973 06/25/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC 0.00 1020 608973 06/25/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC 0.00 1020 608973 06/25/04 281 GARDENLAND 6308840 FY 2003-2004 OPEN PURC 0.00 TOTAL CHECK 0.00 1020 608974 06125/04 291 GOLDEN TOUCH LANDSCAPING 1108314 LANDSCAPE 4,5,6/2004 0.00 1020 608975 06/25/04 298 GRAINGER INC 2708405 PARTS/SUPPLIES A25531 0.00 1020 608975 06/25/04 298 GRAINGER INC 2708405 PARTS/SUPPLIES A2S531 0.00 RUN DATE 06/24/04 TIME 06.58.36 FINANCIAL ACCOUNTING PAGE J AMOUNT 2399.88 1665.66 2008.63 901.29 2283.75 37265.65 16180.00 1151. 31 53.71 1205.02 79.00 1443.75 318 .19 23.37 14.05 12.64 10.73 25.23 10.73 12.48 17 .68 126.91 220.00 136.40 132.60 132.60 401. 60 2960.00 4810.00 7770.00 750.00 4.42 111.16 24.26 139.84 2571.00 15.45 61. 98 Ç-I) 06/24/04 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "06/21/2004" and "06/25/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT - -- --DESCRIPTION- --- - - SALES TAX AMOUNT TOTAL CHECK 0.00 77.43 1020 608976 06/25/04 329 HERNING UNDERGROUND SUPP 4239222 SUPPLIES A255" 0.00 224.12 1020 608977 06/25/04 3111 HOBEE'S DE ANZA 1101000 MAYOR BREAKFAST 6/15 0.00 122.25 1020 608978 06/25/04 1898 AUTOMATIC RAIN CO. 110a303 FY 2003-2004 OPEN PURC 0.00 2401.32 1020 608978 06/25/04 1898 AUTOMATIC RAIN CO. 1108315 FY 2003-2004 OPEN PURC 0.00 22 .45 1020 608978 06/25/04 1898 AUTOMATIC RAIN CO. 1108312 FY 2003-2004 OPEN PURC 0.00 2401. 31 1020 608978 06/25/04 1898 AUTOMATIC RAIN CO. 1108314 FY 2003-2004 OPEN PURC 0.00 753.64 1020 608978 06/25/04 1898 AUTOMATIC RAIN CO. 5806649 SUPPLIES 0.00 107.34 TOTAL CHECK 0.00 5686.06 1020 608979 06/25/04 2027 MARSHA HOVEY 1104400 SUPPLIES 0.00 1226.39 1020 608979 06/25/04 2027 MARSHA HOVEY 1104400 LAMINATING 0.00 5.63 1020 608979 06/25/04 2027 MARSHA HOVEY 1104400 MRC DIGITAL CAMERAS 0.00 554.53 1020 608979 06/25/04 2027 MARSHA HOVEY 1104400 PROPANE REFILL 0.00 13.50 TOTAL CHECK 0.00 1800. 05 1020 608980 06/25/04 3085 J .J.R. CONSTRUCTION INC 2708403 PUBLIC WORKS CONTRACT 0.00 49435.20 1020 608980 06/25/04 3085 J.J .R. CONSTRUCTION INC 2109612 INSTALL VALLEY GUTTER 0.00 16507.00 TOTAL CHECK 0.00 65942.20 1020 608981 06/25/04 2882 ROBERT A. KIM 1103300 CREST VIDEO PROD. 0.00 1170. 00 1020 608982 06/25/04 3067 KMVT 15 1101031 PUBLIC ACCESS MAY2004 0.00 3104.16 1020 608983 06/25/04 M KOSURU, SAlLAJA 580 Refund, Check - SUMMER 0.00 35.00 1020 608984 06/25/04 1396 LIEBERT CASSIDY WHITMORE 1104510 LABOR NEGOTIATIONS 0.00 4407.71 1020 608985 06/25/04 400 LIFETIME TENNIS INC 5706450 SERVICES 5/24-6/20/04 O. 00 35435.78 1020 608986 06/25/04 3157 LOGO EXPRESS 1104530 UNIFORM SHIRTS 0.00 86 .60 1020 608987 06/25/04 404 LONGS DRUG STORES #260 5806349 BUS TOKENS A25630 0.00 60.75 1020 608988 06/25/04 2734 CHARLES LORETTA 5806249 SERVICE AGREEMENT FOR 0.00 590. 00 1020 608989 06/25/04 408 LOS GATOS MEAT & SMOKEHO 5606620 FY 2003-2004 OPEN PURC 0.00 405.85 1020 608990 06/25/04 M LOU, ZHIYI 580 Refund, Check - SUMMER 0.00 62 .00 1020 608991 06/25/04 1378 RICARDO MARTINEZ 5706450 WEIGHT MACHINE MAINT. 0.00 130.00 1020 608992 06/25/04 1670 MATTHEW'S CONCRETE 4209216 REMOVE EXISTING ASPHAL 0.00 4622.00 1020 608992 06/25/04 1670 MATTHEW'S CONCRETE 4209216 REMOVE EXISTING ASPHAL 0.00 5050.00 TOTAL CHECK 0.00 9672.00 1020 608993 06/25/04 1968 MAZE AND ASSOCIATES 1104100 6/30/04 AUDIT 0.00 451.25 RUN DATE 06/24/04 TIME 06,58,36 FINANCIAL ACCOUNTING 5" -fb 06124104 ACCOUNTING PERIOD, 12/04 CITY OF CUPERTINO PAGE 5 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, tran,act.tran,_date between "OS/n/20O4" and "OS/25/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --- ------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 608994 06/25/04 1857 METROFOLITAN TRANS. COMM 1108101 NTC STREET SAVER V8 0.00 1631.75 1020 S08995 OS/25/04 940 MILPITAS MOWERS INC 6308840 EQPMNT PARTS A25538 0.00 342.81 1020 S08996 06/25/04 M MIN-YOU, GOR-HENG 580 Refund, Check - SUMMER 0.00 118.00 1020 608997 06/25/04 444 MINTON'S LUMBER 580S349 SUPPLIES A26400 0.00 45.83 1020 608998 06/25/04 M MORRIS, JANIE 580 REFD 277352 & 277353 0.00 56.00 1020 608999 06/25/04 465 MOUNTAIN VIEW GARDEN CEN 1108303 FY 2003-2004 OPEN FURC 0.00 272.79 1020 608999 06/25/04 465 MOUNTAIN VIEW GARDEN CEN 1108312 LANDSCAPE SUPPLIES 0.00 34.10 TOTAL CHECK 0.00 306.89 1020 609000 06/25/04 2666 MUSIC FOR YOUNG CHILDREN 5806249 SERVICE AGREEMENT FOR 0.00 772.00 1020 609001 06/25/04 473 NASER DISTRIBUTORS INC 5606620 FY 2003 -2004 OPEN PURC 0.00 903.83 1020 609002 06/25/04 474 NATIONAL BUSINESS FURNIT 5706450 CONFERENCE ROOM FURNIT 0.00 2448.20 1020 609002 06/25/04 474 NATIONAL BUSINESS FURNIT 5706450 CONFERENCE ROOM FURNIT 0.00 232.49 1020 609002 06/25/04 474 NATIONAL BUSINESS FURNIT 5706450 CONFERENCE ROOM FURNIT 0.00 379 .16 1020 609002 06/25/04 474 NATIONAL BUSINESS FURNIT 5706450 CONFERENCE ROOM FURNIT 0.00 7745.06 TOTAL CHECK 0.00 10804.91 1020 609003 06/25/04 484 NEW PIG CORP 1108005 HAZMAT SPLY A25536 0.00 389.67 1020 609004 06/25/04 1681 NU-WAY TOOL SUPPLY INC 1108503 PARTS/SUPPLIES A25537 0.00 320.37 1020 609005 OS/25/04 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 7.44 1020 609005 06/25/04 493 OFFICE DEPOT 1104310 COpy PAPER 0.00 560.09 1020 S09005 06/25/04 493 OFFICE DEPOT 1104310 OFFICE SUPPLIES 0.00 86 .18 TOTAL CHECK 0.00 653.71 1020 609006 06/25/04 3195 ORIENTAL CUISINE EXPRESS 5506549 LUAU 6/21 0.00 75.78 1020 609007 06/25/04 505 ORLANDI TRAILER 6308840 HITCH PARTS A25471 0.00 146.48 1020 609008 06/25/04 526 PENINSULA DIGITAL lMAGIN 110 IMPROVE PLANS 0.00 140.51 1020 609008 06/25/04 526 PENINSULA DIGITAL lMAGIN 4239222 CC&L IMPROVE PLANS 0.00 161. 83 1020 609008 06/25/04 526 PENINSULA DIGITAL lMAGIN 110 IMPROVE PLANS 0.00 50.99 1020 609008 06/25/04 526 PENINSULA DIGITAL lMAGIN 4239222 CC&L IMPROVE PLANS 0.00 35.22 TOTAL CHECK 0.00 388.55 1020 609009 06/25/04 545 JEFF PISERCHro 5606640 SERVICE 6/09-6/22/04 0.00 1956.00 1020 609010 06/25/04 585 REVEL ENVIRONMENTAL MFG. 1108005 CATCH BASIN FLTR SERV 0.00 1542.00 1020 609010 06/25/04 585 REVEL ENVIRONMENTAL MFG. 1108005 CATCH BASIN FLTR SERV 0.00 493.00 TOTAL CHECK 0.00 2035.00 1020 609011 06/25/04 M RUBIN, DIMITRI 580 Refund, Check - REFUND 0.00 100.00 RUN DATE 06/24/04 TIME 06,58,36 - FINANCIAL ACCOUNTING ~-/1 06/24/04 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "06/21/2004" and "06/25/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -- - --DESCRIPTION- - -- -- SALES TAX AMOUNT 1020 609012 06/25/04 610 S & S WORLDWIDE 1106342 SUPPLIES A257" 0.00 441.a2 1020 609013 06/25/04 2011 S.O.S. SURVIVAL PRODUCTS 1104400 SUPPLIES A25a35 0.00 41a.48 1020 609014 06/25/04 621 THE MERCURY NEWS 5706450 MARKETING 0.00 924. 00 1020 609014 06/25/04 621 THE MERCURY NEWS 5706450 MARKETING 0.00 801. 00 TOTAL CHECK 0.00 1725. 00 1020 609015 06/25/04 959 THE MERCURY NEWS 1104000 6/29-9/06 0.00 37.89 1020 609016 06/25/04 979 CITY OF SAN JOSE 5806349 ADM HAPPY HALLOW 6/2 0.00 250. 00 1020 609017 06/25/04 ME20O4 SANDER, THADDEUS 5806449 TUBERCULOSIS 0.00 7.00 1020 609017 06/25/04 ME20O4 SANDER, THADDEUS 1104510 FINGERPRINTING 0.00 20.00 TOTAL CHECK 0.00 27.00 1020 609018 06/25/04 M SANDERS, VALERIE 580 Refund, Check SPRING 0.00 55.00 1020 609019 06/25/04 1873 SANTA CLARA CNTY FIRE DE 1104510 CPR SUMMER STAFF 0.00 80.00 1020 609020 06/25/04 628 SANTA CLARA COUNTY SHERI 1102100 LAW ENFORCEMENT 6/04 0.00 477846.40 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 5506549 COpy PLAN FOR FY 2003- 0.00 773.67 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 5806249 COpy PLAN FOR FY 2003 - 0.00 863.86 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 5806449 COpy PLAN FOR FY 2003 - 0.00 161.18 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 1104310 COpy PLAN FOR FY 2003- 0.00 1160 .50 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 5706450 COpy PLAN FOR FY 2003 - 0.00 193.42 1020 609021 06/25/04 1150 WELLS FARGO FINANCIAL LE 5806349 COpy PLAN FOR FY 2003- 0.00 202.44 TOTAL CHECK 0.00 3355. a? 1020 609022 06/25/04 2692 SBC 1108501 5/08-6/0? 0.00 55.13 1020 609022 06/25/04 2692 SBC 1108501 5/oa-6/0? 0.00 55.13 1020 609022 06/25/04 2692 SBC 5708510 5/0a-6/0? 0.00 55.13 1020 609022 06/25/04 2692 SBC 110a501 5/0a-6/0? 0.00 55.13 TOTAL CHECK 0.00 220.52 1020 609023 06/25/04 511 SBC/MCI 110a501 #021348a 6/01-6/30 0.00 589 .29 1020 609023 06/25/04 511 SBC/MCI 6104800 #0215331 6/01-6/30 0.00 589.29 1020 609023 06/25/04 511 SBC/MCI 110a501 #2719421 MAY 2004 0.00 244. a? 1020 609023 06/25/04 511 SBC/MCI 110a505 #2719770 MAY 2004 0.00 a9.30 1020 609023 06/25/04 511 SBC/MCI 570a510 #2719770 MAY 2004 0.00 89 .30 1020 609023 06/25/04 511 SBC/MCI 110a503 #27197?0 MAY 2004 0.00 89 .30 1020 609023 06/25/04 511 SBC/MCI 5606620 #27197?0 MAY 2004 0.00 89 .29 1020 609023 06/25/04 511 SBC/MCI 110a501 #2719771 MAY 2004 0.00 89.30 1020 609023 06/25/04 511 SBC/MCI 110a501 #5171195 MAY 2004 0.00 a7.23 1020 609023 06/25/04 511 SBC/MCI 1108501 #2522405 MAY 2004 0.00 16.05 1020 609023 06/25/04 511 SBC/MCI 1108503 #9969248 5/01-6/2? 0.00 15.03 1020 609023 06/25/04 511 SBC/MCI 110850? #51?0211 5/01-6/2? 0.00 14.67 1020 609023 06/25/04 511 SBC/MCI 1108504 #2719421 MAY 2004 0.00 489.68 1020 609023 06/25/04 511 SBC/MCI 1108503 #2719421 MAY 2004 0.00 244.87 1020 609023 06/25/04 511 SBC/MCI 1108501 #2719770 MAY 2004 0.00 89.30 RUN DATE 06/24/04 TIME 06,58,36 - FINANCIAL ACCOUNTING ç- Iii 0./24/04 CITY OF CUPERTINO PÞ.GE 1 ACCOUNTING PERIOD, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "05/21/2004" and "06/"/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------- -----VENDOR--- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 609023 06/25/04 511 SBC/MCI 1108504 #2719770 MAY 2004 0.00 89.30 1020 609023 06/25/04 511 S8C/MCI 1108505 #2719421 MAY 2004 0.00 244.87 1020 609023 06/25/04 511 SBC/MCI 570SS10 #2719421 MAY 2004 0.00 244 .87 1020 609023 06/25/04 511 S8C/MCI 1101500 #2719770 MAY 2004 0.00 89.30 1020 609023 06/25/04 511 SBC/MCI 1101500 #2719421 MAY 2004 0.00 244 .87 TOTAL CHECK 0.00 3739.98 1020 609024 06/25/04 644 SCREEN DESIGNS 5806449 SOFTBALL SHIRTS 0.00 1307.66 1020 609024 06/25/04 644 SCREEN DESIGNS 5806449 AQUATICS SHIRTS 0.00 1042.45 TOTAL CHECK 0.00 2350.11 1020 609025 06/25/04 2439 SERVICE STATION SYSTEMS, 6308840 TIME/MATERIALS 0.00 2734.89 1020 609026 06/25/04 M SEVIN, FLEURETTE 580 Refund, Check - REFUND 0.00 300.00 1020 609027 06/25/04 652 SIERRA SPRINGS WATER CO. 1101500 BOTTLED DRINK WATER 0.00 36.45 1020 609028 06/25/04 2907 SIGNAWEST SYSTEMS 1108505 FIRE ALARM SERV CALL 0.00 302.50 1020 609029 06/25/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 9460.36 1020 609029 06/25/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 570.12 1020 609029 06/25/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 34450. 00 1020 609029 06/25/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 574. a7 1020 609029 06/25/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 2520.86 TOTAL CHECK 0.00 47576.21 1020 609030 06/25/04 2810 SMART & FINAL 5706450 SUPPLIES A26333 0.00 -1.70 1020 609030 06/25/04 2810 SMART & FINAL 5706450 SUPPLIES A26333 0.00 -4.aO 1020 609030 06/25/04 2810 SMART & FINAL 5706450 SUPPLIES A26333 0.00 245.79 1020 609030 06/25/04 2810 SMART & FINAL 1106343 SUPPLIES A25775 O. 00 142 .40 1020 609030 06/25/04 2810 SMART & FINAL 1106343 SUPPLIES A25629 0.00 128.11 1020 609030 06/25/04 2810 SMART & FINAL 1106343 SUPPLIES A26401 0.00 66.09 TOTAL CHECK 0.00 575.89 1020 609031 06/25/04 891 JOAN SPITSEN 550 GRATUITIES JULY TRIPS 0.00 150.00 1020 609031 06/25/04 891 JOAN SPITSEN 550 STEP-ON GUIDE 7/5/04 0.00 250.00 TOTAL CHECK 0.00 400. 00 1020 609032 06/25/04 3171 STAPLES BUSINESS ADVANTA 1104530 OFFICE SUPPLIES 0.00 34.51 1020 60a032 06/25/04 3171 STAPLES BUSINESS ADVANTA 1106200 OFFICE SUPPLIES O. 00 62. 01 1020 609032 06/25/04 3171 STAPLES BUSINESS ADVANTA 5806449 OFFICE SUPPLIES 0.00 4.19 1020 60a032 06/25/04 3171 STAPLES BUSINESS ADVANTA 5806349 OFFICE SUPPLIES 0.00 16.76 1020 60a032 06/25/04 3171 STAPLES BUSINESS ADVANTA 5806449 OFFICE SUPPLIES 0.00 167.57 TOTAL CHECK 0.00 285. 04 1020 60a033 06/25/04 2045 SVCN 5208003 AD 6/02/04 A25036 0.00 166. 00 1020 609033 06/25/04 2045 SVCN 5208003 AD 4/28 A25036 0.00 166 .00 TOTAL CHECK 0.00 332.00 1020 609034 06/25/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2003-2004 OPEN PURC 0.00 2631.91 RUN DATE 06/24/04 TIME 06,sa,37 - FINANCIAL ACCOUNTING )-11 06/24/04 CITY OF CUPERTINO PAGE B ACCOUNTING PERIOD, 12/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, ,trans_date between "06/21/2004" and "06/25/2004" HO - GENERAL FUND CASH ACCT CHECK NO ISSUE DT - - - - - nnnn-VENDOR- n - - _n __-H FUND/DEPT - - n -DESCRIPTIONnnn SALES TAX AMOUNT 1020 609035 06/25/04 699 TAP PLASTICS INC HOS321 PLASTIC PANELS A25522 0.00 H6.69 1020 609036 06/25/04 700 TARGET SPECIALTY PRODUCT H08312 FY 2003-2004 OPEN PURC 0.00 2290.40 1020 609037 06/25/04 701 TARGET STORES H06343 SUPPLIES A25774 0.00 165.32 1020 609037 06/25/04 701 TARGET STORES 5806349 SUPPLIES 25509 0.00 14.84 1020 609037 06/25/04 701 TARGET STORES H06343 SUPPLIES 25600 0.00 18.29 TOTAL CHECK 0.00 198.45 1020 609038 06/25/04 3044 TENJI INCORPORATED, A CA 4239222 PUBLIC WORKS CONTRACT 0.00 1575. 00 1020 609039 06/25/04 M TSENG, MAUREEN 580 Refund, Check - SUMMER 0.00 324. 00 1020 609040 06/25/04 724 TURF & INDUSTRIAL EQUIPM 6308840 FY 2003-2004 OPEN PURC 0.00 162.28 1020 609041 06/25/04 2584 UNIVERSAL DIALOG, INC. H03300 TRANSLATION 5/17-6/04 0.00 2455.38 1020 609041 06/25/04 2584 UNIVERSAL DIALOG, INC. H03300 TRANSLATION 0.00 419.10 TOTAL CHECK 0.00 2874.48 1020 609042 06/25/04 M VAIDYA, NEELAM 580 Refund, Check - SUMMER 0.00 79.00 1020 609043 06/25/04 738 VALLEY OIL COMPANY 6308840 FY 2003-2004 OPEN PURC 0.00 102.24 1020 609043 06/25/04 738 VALLEY OIL COMPANY 6308840 FY 2003 -2004 OPEN PURC 0.00 4958.00 TOTAL CHECK 0.00 5060.24 1020 609044 06/25/04 M VARGAS, VIRGINIA 580 REFD 277647 & 277648 0.00 750. 00 1020 609045 06/25/04 310 VERIZON WIRELESS HOl200 #408456999 MAY 2004 0.00 48.33 1020 609045 06/25/04 310 VERIZON WIRELESS HO4530 #408456999 MAY 2004 0.00 225.97 1020 609045 06/25/04 310 VERIZON WIRELESS H07501 #40S456999 MAY 2004 O. 00 53.90 1020 609045 06/25/04 310 VERIZON WIRELESS H07503 #408456999 MAY 2004 0.00 292. 04 1020 609045 06/25/04 310 VERIZDN WIRELESS H08005 #408456999 MAY 2004 0.00 152.94 1020 609045 06/25/04 310 VERIZDN WIRELESS 5806649 #408456999 MAY 2004 O. 00 44 .38 1020 609045 06/25/04 310 VERIZDN WIRELESS HOBl02 #408456999 MAY 2004 0.00 150.59 1020 609045 06/25/04 310 VERIZDN WIRELESS HO8201 #408456999 MAY 2004 O. 00 525.IS 1020 609045 06/25/04 310 VERIZDN WIRELESS HOS501 #408456999 MAY 2004 0.00 705.48 1020 609045 06/25/04 310 VERIZDN WIRELESS HOB503 #408456999 MAY 2004 0.00 92.71 1020 609045 06/25/04 310 VERIZDN WIRELESS HOS504 #408456999 MAY 2004 0.00 372.86 1020 609045 06/25/04 310 VERIZON WIRELESS 1108505 #40S456999 MAY 2004 0.00 90.10 1020 609045 06/25/04 310 VERIZDN WIRELESS 1108602 #408456999 MAY 2004 0.00 18l.48 1020 609045 06/25/04 310 VERIZDN WIRELESS 5208003 #408456999 MAY 2004 0.00 44.39 1020 609045 06/25/04 310 VERIZON WIRELESS 5606620 #408456999 MAY 2004 0.00 45.72 1020 609045 06/25/04 310 VERIZON WIRELESS 6104800 #408456999 MAY 2004 0.00 48.33 TOTAL CHECK 0.00 3074.40 1020 609046 06/25/04 M VYAS, DEVANSHI 580 Refund, Check - SUMMER 0.00 27 .00 1020 609047 06/25/04 M VYAS, NITIN 580 Refund, Check - SUMMER 0.00 228. 00 1020 609048 06/25/04 M WANG, XIADBAD 580 Refund, Check - SUMMER 0.00 124. 00 RUN DATE 06/24/04 TIME 06,58,37 - FINANCIAL ACCOUNTING <)~ 26 06/24/04 ACCOUNTING PERIOD, U/04 CITY OF CUPERTINO SELECTION CRITERIA, transact.trans_date between "06/21/2004" and "06/25/2004" CHECK REGISTER - DISBURSEMENT FUND CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 609049 1020 609050 1020 609051 1020 609052 1020 609053 1020 609054 1020 609055 1020 609055 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 06/25/04 3189 ISSUE DT --------------VENDOR------------- FUND/DEPT 1106601 06/25/04 2969 06/25/04 M 06/25/04 M20O4 06/25/04 M 06/25/04 793 06/25/04 962 06/25/04 962 RUN DATE 06/24/04 TIME 06,sa,37 ROBERT WEAVER WIC, WONDER ICE CREAM 01 5606620 WILSON, JANE 580 WONG, GILBERT 110 WOODRUFF, AMPAN 580 NANCY WULFF 5806249 LINDA YELAVICH LINDA YELAVICH 5506549 5506549 -----DESCRIPTION------ RECORDER REPAIRS FY 2003-2004 OPEN PURC Refund, Check - SUMMER SW BOND RELEASE Refund, Check - SUMMER SERVICE AGREEMENT FOR SUPPLIES JUNE BIRTHDAY BASH SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 9 AMOUNT 168 .00 380.04 35.00 1800.00 56.00 1340.00 44.22 39.91 84.13 808145.27 808145.27 808145.27 FINANCIAL ACCOUNTING ')-.2 / DRAFT RESOLUTION NUMBER 04-34B 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 June 18,2004 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 offunds 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 $ 449,828.87 Less Employee Deductions $(124,945.08) NET PAYROLL $ 324.883.79 Payroll check numbers issued 75083 through 75336 Void check number(s) CERTIFIED:~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of Cupertino this ~ day of July , 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~-I City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 CITY OF CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Î Meeting Date: July 6, 2004 SUBJECT Accept the Treasurer's Budget Report - May 2004 BACKGROUND Attached is the Treasurer's and Budget report for the period ended May 31, 2004. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $38.6 million at May 31, 2004, with a maturity value of $38.9 million. The lower market value (compared with cost or maturity values) indicates rising interest rates, as the instruments currently held would cost the City less if purchased today. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Short-term agency yields continued to rise in May; the City's callable federal agency notes are no longer being called. No securities were purchased to replace the matured $1.3 million investment of May 14th. The Local Agency Investment Fund (LAlF) yielded 1.445% compared to March's 1.474%, and 1.90% a year ago. The City's portfolio as a whole yielded 2.42% in April. It is anticipated that interest rates will rise steadily for the next several months, Overall, the City's current investment portfolio decreased approximately $1.6 million in May, as no draw was made on the LAIF bond fund to cover Library/Civic Center project expenditures. Investments have been laddered to maturity dates that will allow for the projected cash flows required for the Library/Civic Center project through November 2004, All investments of the City of Cupertino are in full compliance with our City investment policy and/or State law, and are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Printed on Recycted Pape, 7-/ RevenuelExpenditure Trends Although General Fund revenues for the fiscal year are 5% (approximately $1.2 million) less than in 2002-03 (largely due to the estimated $800,000 of MVLF decline in the first quarter), revenues are coming in fairly close to the adjusted budget. Some revenue categories are already over budget for the entire year. Property transfer taxes are up $137,000, or 52% from last year, pushing the "other taxes" category over the year's budget. Licenses and permits, and charges for services have also exceeded budgetary projections. However, the budget for operating transfers in to the General Fund have been adjusted downward as projected park-in-lieu fees will not be realized until the 2004- 05 fiscal year. Operating expenditures have decreased 5.1% from this time last year. Departmental spending to date is consistent with the 2003-04 operating budget as adjusted at midyear. June expenditures and year-end expense accruals should bring most departments very close to budget. RECOMMENDATION: Accept the Treasurer's and Budget report for May 2004. Submitted by: Approved for submission: <11 A~~~ Deputy Treasurer ~ David W. Knapp City Manager 7-,.z City of Cupertino May 2004 --- --oESÅ’1PITON PRDFITIWSS- , - -¡SECURITIES MA 1 UREDICAI:=c- ---_._.~-jC..~A-Sl-HO_6,~_I_[-81_",',._~_C- ~~~ I"' L --CmmENT PORTFOLIO US1mCf4 Tupertino Nationa] Bank Å’573TTú4--éJIITC Ca¡¡¡-------- Î -- CA , ------------ T ë~~~=l~~~- -~--;j ,-- n - -:- - -ðJ1f77I)4'-- - uJ1T77Å’R-Aiii¡ekanTrust FedSavings Bank: ---- 03117104----()3117109 P,Ojifiss¡¡¡eBanK - I 031] 9)04 - - --03710(Å’8--P]ante"t"st Coed,]] GA ----t- -ð37247ð4--- 03/24/08ßãage,ShÙeB¡iiK - I 03124104 03124109 'Wash;ta State Bank 03/147Å’4 e- - Å’J1T47¡rFWTmoTSiiite BanK - - 03124/04 , ú91241d1ISignatuieBankl'iai'lAssn - -- - 03126/04 ¡ 03/26108 ¡Peivatebank_&- reus,-___----- 03126/041 09/26108 I Southeoast Communliy Bank -'14707T()4-, -O;¡m7mr¡C-oreTay]OeBank";¡¡ep-------- - 1 - - --I IIIDNETJ\fA&FTFUNDS f - - - ---1 --n0573TTú'+Cup¡it'norrat~SweipiÅ“ount- -6j --_()57~]2(f4}JI\T~=III~'>:1-.1ii1<it":'~_= - --6J - CD MM ;- 04115107 'FHLMC(P) 06128102 -00118701- 03108104 ' 0712]103 01112104 ' Å’8107103 ! 08111/03 - 017OJ704 m/17103 ,- ] 1117/03' 02125/04 : 111051011- 03/16/04 ¡ 03123104 I ¡¡¡¡mm4-1-- 04[14,104 'I' - 12115/03 03130/04 I 12m703t 12129/031 121301031 061i:SM4 -fNMA- --11701104 FNMA----- 12126106 'FHLMC" 07121106 'FHLB" 08106108 'FHLB<í) 08107106 -FHLB<í),step 08/11106 -FHLB" 1O72lJ70g-TrAl.MC",- - ð312W()7'fHLMC-"- 11/]7108 'FHLB<í) 02125108 'FHLB" ITTú5lCf7 'FNMAi¡j - 03116109 ¡FNMA,," OTT30IOQ¡fNMA<í) - - -ðf7:mð1!fflÅ’,,--- -,27ð11O7-IFN-MAi!õ - 121]5108 tFHLMC,,", step 03130/09 IFHLB<:J, step -06l117ðr'fNMA<G ú312~101 !FHLMC" 12130108,FHLMC<í),step VALUE 2,91%' ] ,300,000 ¡ c- ,- +--- --- ul --l-- I ] ,300,000 ],300,000 : -----t------- ---- I 4 - 087;315-¡ 26, ---- ----687,3151 - -087;Ji:S-u - ----687,315--- 26 26 61r7;:nç- - - 61[7,315 ------- - --- - L43v-. 12,721,798 - 12,721,798 - 12,721;798' -() 0 ° ° 0 0 0 0 0 0 0 0,18% 36 36 - 36 0.5\\',- 584-- 584- 5~4 - 620-- ~20- 0~0-~- 69W,~ - - -18T~831 180,008 1H,391 ],560 r;m;98,- -1,goo~OOO' -1,8111,926- 26,Q3<¡ 1;21ì0,~81 848 334% 658,]26 650,000 662,869 4,743 230%- 798,458 800,000 - 78],928 (16,530) 2.200/,: 500,000 500,b00 492,]51 (7,849) 2.50% 997,968 - ],000,000 986,188 (11,780) 233%'- 500;000 - - -500~00b - 495;305 - (4,696) 2:50%- 2,400,000 2;400;000' 2,374,526 (25,474) - 4100/,- 505,041 5ð(),OOO - 499;41T- (5,629) 3,07y,' -"9~,1ì9f 1,01ì0~OÅ’O - - -988,580 (9,51]) 4.25% 998,009 ] ,000,000 ],000,473 2,464 3,]3% ] ,000,000 ] ,000,000 973,375 - (26,625) 263% 1,000,000 ],000,000 991,404 (8,536) 4,01% ] ,600,000 ],600,000 - ] ,576,466 (23_534) 250%- 500,000- 500,000 ' 492,709 (7,292) (18,9]9) 2,50% 987,373 r;000;000 - -9"],685 - (25,688) 3,00% 1,000,000 ] ,000,000 - 991,922 (8,078) 200%- 600,000 000;000' -5&9,356- (10,644) 330%- 1;000,000- - 1,000;000 -- 993,917 (6,083) 300% 997,4]6 ],000,000 988,580 (8,836) 2,75% ],000,000 ] ,OOO,OOÅ’ 985,594 (14,406) 1-] City of Cupertino May 2004 DESCRIPTro~~ ~~ ~ ú4/29/ú41'U IO/29IOg~FHLBC Sfi¡j---- ~--ôk-- u, 300%1--' 30Ú,Omn-- 3ÚD;OOO+-~ 29;;~1 MO .t=:~;~: ~_~_;;;L;~~~~~:~:_--~==-=- -~ - . E-~=--~~5L~_=;E~:~1F;~i~~,~~n-~ ==-~~.S¡~. U~ ::~~:~:~::UT~~===== -J_~i---== un~_-Ú AvoiageYleld -~.~ ~.:ut==-<AJ%i Av"age Length to Matority (in years) --- - .j:75¡_~ I :=~~-- ---kI-: -rTRUSTliAGENCY PORrFOU¿ 1--- - --j- - - -.. L- -ToT,ITiust & Age.eyl'ortfoUo -~ CERTIFICATETiF DEPOSIT ---~ - -~ ri7727/Ú] - 1)Å’úTCf4 Tupert;no1'lail(K¡Siei TrustY----'ôO- ~ -~41,550 ----¡--- I I : BOND'R£i>ERYE PORTFOLTO ' I --- - - 'F,onKlin Fidue;"" Trust-- - Ú' Tramel.."a.t ]0/] 5/02-- 'Le,seP'ym,nt Fund - fU7T37ú2T u--TAlF Bond Account- I ] Ú1l51!if¡ -."""' F"go MoneyMKt- !Total Bond Rise"eJ'orffOlll 2 6,40~4J- 1,9~5~ 2 o'-40~,454 -- 1,955 PROFJTILOSS (4,3-01) (11,02]) (2,&1>1) (ZZ2;744) ~-- 0 -0 0 7-Y 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% . Investments by Type Managed Portfolio UST"u"'YN"" 0% I Rate of Return Comparison I 4/03 5/03 6/03 7/03 8/03 9/03 11/03 12/03 10/03 1/04 2/04 3/04 4/04 5/04 7-') COMPLIANCE WITH INVESTMENT POLICY Ci~ofCupertino Ma~3_~~O_4 -- -----~- , T,="Y I""~~"""'" - - ~=1~~;, S~,.'" Comp¡;~, C'm~" US Ag~~~ies (eg FHLMC) -.-.- ,No Ii~¡t Complies ------- --------- - - -----r::-::-:--.- -. ----- :------- Mediul11_l"erm~orporate Bon~lNotes .30% with AEating - - -- - i Compli"s_- LAIF - .. $40 mi~lio~ ¡Complies Money Market Funds 20% ! Complies Maximum M';t~rit~~- ---==--25~uPt~ISy~~---_.-----1<=~I11Plies ----- --... ,~emai!l~er up to 5years___- !CompJie,,- ~~n~:E~e:~~tances ---- .~~~ ;;sc~~~~ts~---~:;~~: Commercial Paper ,270 days & 25% Complies Negotiable Certitk';t~; ofDeposit---13()O/o ---__un . ----C;mplies Repurch~~e Agreeme~t~------- - 365 daysTC¿~-plies --- -- _____n - I-- Reverse Repurchase agreements Prohibited !Complies ------- 7-¿' City of Cupertino GeneraIßund Budget Report , Actual Actual % of Budget ,------------------------¡------ ---- - - ----+-- ---: 2002/03 Budgetc2003/04 BudgetL-_.lCTD 5-3 ]-03 YTD 5-3]-04 Over/Under : Analvsis of Trends 5/31/2004 Taxes: Sales Tax Property Tax Transient Oc~upancy VtilityTax Franchise Fees Other Taxes Licenses and Penn its Use of Money & Property Intergovernmental Charges for Services Fines & Forfeitures Other Revenue Total Revenue --------- - Operating Expenditures: Administrative Law Enforcement Community Service Administrative Service Recreation Service Community_Development Public Works Total Expenditures Operating Transfers In Operatin~ Transfers Out Net Income/Loss \ --J 10,000,000, 3,700,000, ],665,<JQOj 2,620,000' 2,200,000 [ - --------f ] ,250,000 [ 1,1~2,000j - 1,370,000: 3,799,905; 381,250' - _____n- - 600,0001 16.855.600' 45.623.755 : --1,57!;, 73.6.L 6,325,4]]1' 765,602, 3,679,871 : - Y54>2!~¡ 3,525,796[ 91590721 27.289,400; ------25-0-;-000¡- -25.497.000; -6.91Ûi45 , __n -----+- --~-------- 8,780,000, 8,443,625 7,473,762 -7.14% 3,800,000! 3,.368-;592-3365,m:o::._~~- + - ---- - -- 1"s,0(j,000[ ____1,380,.6.3,9- 1,340,542 -2.51% ¡CyEess up 25.7% over last year; all o1:J¡ers down1,s,J% 2,750,000 i 2,044,173. -- 2,Ö9.5-,~__:.!6.88%, [Revenue received in su!'-;e:iuent ¡nonth. -H~~:~~~ 1-__1~H'.H: ,::~~~:~~~- ----~;:~~~~ - - ! Property tranSfert';xes ul' $137k from last year--- __--I,.285,000L-,--}¿'I2,-t35 1,33],560 13,04% r --------- -------- I,] 10,0001 1,459,488 973,7.s.!....-___-,,:3.(j% - I Rents off $50k; ill\'estl11ent yieldsdown ]8,9% 2,580,QOOt - 3,312,374, 2,566,160. 8.51°¿o__~\lehiclelicensefeebackfillforJirs!-'luart..r03-04. 41(),(j00L---- - - 341,462, 465,270 23,80% ¡ZoninlLand Planning fees up $45k____- 640,000: - 3~1,3~===5.3}17.7_-- -8.74% I --==--=-=---- ----- 40.0001 1.049.508- 2s.6.1L- - -21~96% :02-03 budget includes additional debt proceeds 26.560000, 25 969.711 23.659.658 --_:2.:~2.~- 1,322,305[ 6:697,396]--- 680,3881 4,076,781 : 2,220:031 ! - 2,872,22.5:- - 8.577.778, 2.6~~.904L-- - ld-t'i,897- - 5,693,406 611,096 3,056,609 1,857,171 - --------- 2,5] 1,]55 759730] 22.:6.76.635 - 596,950, -4.264.357i ~j:.554:311r- -]9984674 231,250 -23,509,000 1,080,450 5,687,123 598,594 - ---------- 3,358,640 - __1,869,429.- 1,929,001 7006556 21,529.793 ,--- -10,86% [Reduction in add'llibra~l1ours ($130k) -7.36% ' -4.0ZO/;;-¡Prioryear human service grants ~ $] Ozk-- - :!Ü:Ù% u- ~Iòle.c.ti()ns ~$6(jk);J¡;g¡;er¡¡;S;;ra~~ecos~!han pri<Jr year -8.14%; [ - - - - - -26.73%, BMR payments down $458k, Constr. Plan checks down $90k -ID'.o8<)% -¡Bldg ~aintel1an.c.e down $247k;Str~}1.'aint.¿owl1187k ~ - 11.19% ----- , -- _n - -- 754,216 ,37",s:;"",,-_;!r,a,nsfers ]n budget modified; will be_""-rrecte,:lby_~ear .end. -3.898.954 -0.26% ,2002:03 Budget incluc1e_d transfers to C1P for New Lib,rary- -1.014.874 ',000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Revenue Comparison ',000,000 ',000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 t,OOO,OOO 10 11 .12 Expenditure Comparison 15,1" T", 2 Pmp"'Y T", 3 TOT 4 Utility T"" 5 Franchi" Foe, 6 Other 7 Licon", & P",nits 8 Mon,y & Pmp'rty 9 Intergovonun,ntal IOCh"g"forSmio" 11 En" & Fortei""" 12 Other R,,'n'" 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works ¡-f City of Cupertino ~ ~ u - ------~- S_\lll\l.ll~ of Budget Ttansfets 5/31/2004 Description 2003/04 ADOPTED BUDGET --~- --~ I ! 2002/03 CARRYOVER: Encumbrances --~- Department c""2'°vers 1":°lect carryovers -- Carry over law enforcement grants Carryovedaw enforcemen(grants ~ --;-- Carrfove~~: :nf()rCe m enlgran t'----~~l-=u REVENUE ADJUSTMENTS: DHHS Granf !\.1i<iyearRevenue- Adjustments: Sales Taxes-- ----- - HOtel Taxes allier nixes _Qse ofMoneX_aßcfProperty _~!ltergovelllrn~ntal __~ar~es for se!"i"es Fines Sp()~<:enter Tennis<::ontract First Fl~(}rant Pro~,:a_m Reducejmdget debt transfer - Reduce anticipated parl')f1-lieu fee~____- Increase transfer for Sports Cntr ops , Decrea~ BBF reve~.;e~£er prOject~~+I Decrease R""revenuesl'erprojection-'-_J - _1f1c~ease Sp°rts_~ntr revs per project. ' EXPENDITURE ADJUSTMENTS: ----- -~ ~ 03~04I3JA grant___- ~ 03-04 law enfor~ement block grant 0~:()4_COPS gr~t- --- Increase sports Center construction Early operation o£Teen Center Fund "top four" OE3requiremeii¡- Fun,fmc.-in liabilí¡Y chims, insurance ol-Imr Grant -- ~-- ~ ~ _Teachers Housing Asst Program Four Seasons Comer Art -- --- Midxe~- Budget Adjustments: _Community Congress Telec_"-llImunications, Legal Law Enforcement Human Service Grants + - 1--- Budget Adiustment ~ ~I ---~ - I I\cctli - i 1-- -FMiOtJ'- -- - ivarious various 110-2401-7014 ! , 110~24æ:9400 '~-t illO:2402-?OI4; - t ~U -- , ~ t , 110-:4431 '11 0-4020 ï 110-4030 ~ _3ng:~~~~ -- 110-4415 110-4110 r --- _,1 10-43I(}- ! u!:;70-463 I ! 1l0-4433 +-- 365-4910 110-4910 426-4910 - 1s60-4610 1580-4*" t ------ , 570-4630 ---+- --t _+UO-2402-701~ ----! II 0-2403-"arious 'I I 0-240 I-various --~j 10-0100-8020 -110-6343-7014 -nÖ-(variouiiFS501 ----¡---~ , ----- __-ill 0-4540- 7022 - 110-4400-6326 -- - 110- 7405-6326 425-9313-9300 __~110-]000-6331 110-1031-7075 --- -- 110-2100-7052 --- -- 110-3300-7102 1 ~ --- 3,864,187 225,760 29,237,866 --si.I.56! 15,1101 _7,500; 50,000; -1,6;;;~()1 - ~-175,000'-- -100,000 --~400,000 -800,000 -34S;()OO[ ~ 40,000 ! 150,000 11,600 - u-- - -705,643, :1,O!O,()()o[ - )30,000 -530,000 ~90MO, 372,000~ 7,500 15,409i 100,000i 130,OOÕ-- - 40,000 20,000 80,000;-- 50,oÖb~-- 220,000 131,000 -10,000' -4,000 -46,000- -100,000, Revenue Budget - 44,309,000 ----! I - ~"~" ,+ 1,200,000 : -I 50,000 -Y,620,000 - -~:~~~~~i -400,000 ¡ -800,000 -345,000 40,000, 150~OOO! I (6()() 1 -705,643 -1,010,000 ~ - 130,0001 -530,0001 ~29(),6001 372,000 Exl'enditure - Budget- 44,746,826 3,864,182 225,760 29,237,866 85,156 IS,no 7,500 7,500 15,409 100,000 130,00b 40,000 20,000 80,000 50,000 220,000 131,000 -10,000 -4,000 -46,000 -100,000 1-1 City of Cupertino - ~ m-- SUfi1mary of Budget Transfers 5/31/2004 (c~ntl- ~---~¡ 1 --t - 1 Budget- -¡ --- Revenue . - Acct# r -Adiustment[ Budget i ----¡ ,110:3~()~501 _--:17,500 ~ ___un -1 , -+;10-4000-7014. -25,000 -~-_1l~-4330:7014~ =e- -IÓ,OOOj-- llO-()~4!!~()14 --- -IO,O~Oc 1110..-()~3.~4.3-55.0.2~.~~. ---~.QOO. 110:6~48-70~4 --~,0(j0. llO-6500:~*-'.' _:.13'0~00 -~ 110-6529:5~'*--42,000_- 110-7503-5'" -89,000 110-8161:*'" -:nO(jjf~ ¡ll():~3:O~-'.'-'- - -- - - ¿500- -~ [11(j:830;J::6111 j____-7,0~0 , -_1l():~3J2-"" L-_~93,0001 1 110-8314-6111 -16,0001 Í=~~:~~~:~lg~~ -:~__n=:~:~~r --,110-8406-"" I un~:]Úóoj '11O-840'i-.""- I -50~OOO¡-- __1lQ-l408~"'¡' '~-SO,500T-- 110-8409-6111 -500' ---- ~- ~ --~~-- _~_:110-8501-"" - ~4,500 --- ,110-8503-""- -11,000 1110-8504"" I -29,000 , 11O-8505~'¡*.' 1 -So¡¡or-_u II 0-8506=*"'¡--- , -18~6oõt--- II 0-8507~*"*-*: - ¡ ,5OOjm ,110-8508-"" -17,500' ill 0-8569-*'¡"--, - I;s0ü-- ~ -;--n 1O~!!~j~-io-¡¡--' ---~,OO()~=~- : II ():86()1:70 14 .:25,000_- 110-8830-"" -46,500, , ___2'70:""-""__-~9(),00or 420-""-"" :507,9501 r--- 560-6620-5501 _~49.()()01 1 ~'570-6450-"" ~.-66,000 ~-=~jQ-8840-9100 ~ ____:3,500 __}1():~330-7014 _IO_O,()OO 570-6~50~7014 150,0(j0- , 11 0-74()6:~102 16,52~- ] 10-0100-8020 -705,643 - ------- - 110-0100-8020 130,000 560-66"-"" -333,000, 580-6'49-"" -314,726! 570-6450-"" -148,000 -t- ~~ ~ ~ Description Government Channel ~--- ~~ ---- Finance Administration Elections - ~ Cultural Events ---- ~ ~ Teen i'rogram ---~ .Fourth of Jul}'_- _~enior Adult Supervision ~__~el1ior Center_~~ rvt_anager Building Code Enforcement -- E:ngineerin~esigl1- Mcclellan Ranch Park ~--- ~ Memorial Park School Site Maintenance - ~- ~ -~- Neighborh()()~ Parks ~ -- ~ -~port Fields Jollyman <::reek- Civic Center Grounds Maintenance - ~ ---~~ - ~ Street Cle~aning Graffiti Removal Over Passes and Medians ~~-- ~ Street Tree Maintenance Elmw()()d Pr-"ßram ~ Building Maintenance - City Hall Building Maintenance - Service Cntr Buildin~_l\!aintel1ance - Quinlan_Cntr Buildingr.1ai!l~~ce - Senior _Cnlf___- Buildin¡;_Maint"n~nce -McClellal1~_~~~- Building~rvt~intenance -Monta Vista Buildingrvt"¡¡'~nance -Wilson - Building Maint~n~~e~-Portal BuildiI1~_rvt"ÌI1tenance -Creekside Traffì"Engineering Street L~gI¡tinß ~ (}as Tax Projects___- Capitallmprov_ement Projects BBF Picnic Grounds M&O ~----~ ~ Sports Center_°l"'ra!ion ~ Equipment Maintenance _Initiative Analysis Sports_C~nt"rTennis Contract Increase Human Service Grants Redllce_budget debt transfer (jut _ln~cre"s" Transfer for Sports Center ops Decrease BBF expenditures per proj, Decrease~ Re_c expenditures per proj. Decrease Sports Cntr exp, per proj. ~ Expenditure~ Budget -17,500 -25,000 - -10,000 -10,000 -5,000 60,000 -13,000 -42,000 ~.-~- -~~~------ I -89,000 ~ +--- - -73,000 -~~~t~~-- =¡7,500 -7,000 -93,000 -16,000 -2,500 -1,500 -3,000 -14,500 -50,000 -50,500 -500 - 74,500 -11,000 -29,000 -5,000 -18,000 -1,500 -17,500 -1,500 -3,000 -25,000 -46,500 -290,000 -507,950 -49,000 -66,000 -3,500 100,000 150,000 16,575 -705,643 130,000 -333,000 -314,726 -148,000 -~~~t~- Î-(Ó City of Cupertino Summary of Budget Transfers 5/31/2004 (cont.)- Description - - - n- - -- Transfer funds_for_AnilTlal Cntr. Facility Reduce OF Transfer for Mal)' Ave_grant - ----- n- 420-9219-9300 --_n______n- -- 110-0100-8020 - - 2003/04 ADJUSTED BUDGET Budget Revenue Expenditure Adiustment .Bu~get Budget 500,000 500,000 -91,0001 -91,000 I 40,486,357 76,511,071 {-I! Capital Projects 5131104 -.J I ---, Fund Er2jjt Descilltion CIO enc ~- chanae Total Budaet Encumbrance ~ CurrentBaI, 210 9612 Minor Stonn Drain Improv 9,102,60 105,418 139,741,90 8,320,00 71,865,89 59,556,01 215 9820 Stonn Drain Projects 27,073,00 343,000 1,324,831,06 64,710,00 397,363,00 862,764,06 270 9430 Stev Canyon Rd widening 118,816.64 124,804,63 68,647,93 62,511.42 3,645.48 270 9432 Hmstd belleville TIS modif. 75,000,00 0,00 75,000.00 0,00 270 9435 Neighborhood traf calming 39,031.64 65,433,98, 26,000 (75,000) 54,466,62 0,00 52,818.95 1,646,67 270 9436 StevCrk Trail Bike facilities 30,219,00 30,219,00 30,219,00 270 9443 Bollinger Rd bike facility improv. 14,959.81 189,94329 204,903,10 46,371,21 2,173.60 156,358,29 270 9447 Mary Avenue gateway 17,476.07 91,198,89 108,674,96 17,476,07 1,883.88 89,315.01 270 9449 Mary Avenue Footbridge 25,000.00 998,594.78 600,000 1,823,694.78 805,000.00 520,000.00 498,594.78 270 9450 Pavement Management 501,369.15 13,455.25 750,000 1,264,824.40 8,513.73 574,105.49 682,205.18 270 9531 Ramp meter signal 280185 312,131.21 70,209.00 382,340.21 231,025.53 82,305.68 69,009.00 270 9532 SR85/Stev Crk TIS modification 49,378.49 49,378.49 49,378.49 270 9701 Sidewalk gaps unimprv areas 76,000.00 75,000.00 (120,000.00) 30,000.00 30,000.00 270 9702 Citywide bike parking facilities 51,789.00 61,789.00 51,789.00 280 9213 McClellan Ranch bldg improv. 211,652.00 211,652.00 211,652.00 420 9113 Stev Crk trail masterplan 6,260.70 6,260.70 , 6,260.70 420 9115 Skate Park 181,953.40 (181,950.00) 3.40 3.40 420 9116 San Thomas trail improvements 43,326.09 53,694.60' 97,020.69 0.00 42,914.17 54,106.52 420 9117 Stev Crk Trail master plan study 16,036.49 20,732.03 36,768.52 13,891.61 2,144.88 20,732.03 420 9119 PortaVWilson park improvement 302,828.60 46,139.94 (15,000.00) 333,968.54 0.00 333,615.93 352.61 420 9121 Memorial park softball field imcv. 25,000.00 125,000.00 1150,000.00) 0.00 0.00 420 9216 Service center expanison 66,538.00 21,026.55 87,564.55 49,375.00 17,163.00 21,026.55 420 9219 Animal control facilities 0.00 0.00 500,000.00 500,000.00 0.00 0.00 500,000.00 420 9223 Civic center improvements 5,680.00 2,447,882.92 17,000.00 2,470,562.92 2,998.00 2,466,417.00 1,149.92 420 9224 Civic center plaza improvements 0.00 937,122.72 937,122.72 0.00 936,122.00 1,000.72 420 9225 CH space study 0.00 0.00 50,000.00 50,000.00 , 40,183.26 9,816.74 0.00 420 9528 2801Wolfe traftic safety improv. 23,261.69 105,129.83' 128,391.52 1 23,261.69 (295.18) 105,425.01 420 9530 Phase III Hmstd arterial mgmt 43,540.90 43,540.90 3,604.00 39,936.90 420 9533 Green LED TIS lights 260.26 261,036.00, 261,296.26 0.00 45.19 261,251.07 420 9534 Advanced ITS De Anza blvd 661,016.83 21,918.59. 682,935.42 0.00 647,644.18 35,291.24 420 9535 Adaptive traf control system 344,064.77 300,561.00 644,625.77 767.21 643,754.98 103.58 420 9541 School traffic calming measure 0.00 47,686.55' 47,686.55 0.00 0.00 47,686.55 420 9544 Safe routes CHS 500,000.00 500,000.00 78,856.90 11,143.10 410,000.00 420 9545 TIS upgrades various locations 150,000.001 (130,000.00) 20,000.00 20,000.00 420 9546 T raf operation center facilities 24,173.19 129,569.31, (91,000.00 62,742.50 0.00 62,560.07 182.43 420 9547 Yellow ped LED TIS upgrades 140,000.00 60,000.00 200,000.00 188,100.00 0.00 11,900.00 420 9548 T raf st walkability mods facility 0.00 5,000.00 5,000.00 0.00 5,000.00 420 9549 Safe route Garden Gate school 0.00 0.00 205,000.00 205,000.00 0.00 205,000.00 420 9550 TIS battery cower backup 0.00 0.00 200,000.00 200,000.00 0.00 200,000.00 423 9222 Ubrarv construction 738,564.99 17,504,854.19 (17,000.00) 18,226,419.18 8,953,620.71 7,127,497.53 2,145,300.94 425 9313 Four Season Comer 15,141.82 926,012.47 131,000.00 1,072,154.29 41,975.66 949,647.10 80,531.53 425 9314 Four Season Art Sculpture 122,220.00 0.00 122,220.00 0.00 122,220.00 0.00 426 9212 Sports Ctr.fitness expansion 72,560.59 1,891,972.72, 130,000.00 2,094,533.31 192,090.00 1,898,161.05 4,282.26 560 9105 Blackberry Fann 0.00 491,431.62 75,000.00 566,431.62 0.00 31,361.66 535,069.96 560 9112 BBF master plan study 10,375.10 71,493.09 81,868.19 6,020.60 34,158.90 41,688.69 Total 3,511,008.44 29,237,866.46 2,410,418.00 401,050.00 35,560,342.90 10,831,203.11 17,179,724.21 7549415.58 ?--' DRAFT RESOLUTION NO. 04-349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING HEARING TO PROVIDE FOR LIEN ASSESSMENT AND COLLECTION RESULTING FROM ABATEMENT OF PUBLIC NUISANCE WHEREAS, on December 15, 2003, the City Council of the City of Cupertino declared weeds, brush, and debris growing on certain described property to be a public nuisance; and WHEREAS, on January 20, 2004, a hearing was conducted and the City Council directed that the County Fire Marshal was designated and ordered as the person to cause notice to be given in the manner and form as provided in Section 9.8.040 of the Cupertino Municipal Code; and WHEREAS, it is necessary to schedule a hearing for consideration and confirmation ofthe weed abatement report; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby sets July 19, 2004, 6:45 p.m., Council Chamber, City Hall, 10300 Torre A venue, Cupertino, Califomia, as time and place for said hearing and directs the County Fire Marshal to so notify affected parties. PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 6th day of July 2004, by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 6'-1 I CUPEIQ1NO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No.~ Agenda Date Tuly 6, 2004 SUMMARY: Consider Application No.(s) ASA-20O4-06, EXC-20O4-06; Dahlin Group, Inc.; Southwest corner of Rodrigues and Torre Avenues; APN 369-40-017: a) Architectural and site approval for a 51-unit townhome development as part of the Civic Park approval Approve an Exception to the Heart of the City Specific Plan b) RECOMMENDATIONS: The Planning Commission recommends approval of: 1. The architectural and site approval, file no. ASA-2004-06, in accordance with Planning Commission resolution no. 6252. 2. The setback exception, file no. EXC-2004-06, in accordance with Planning Commission resolution no. 6253. BACKGROUND: The City Council approved the Civic Park Master Plan on May 19, 2003 with the condition that the design of 51 townhomes on the subject site be approved by the City Council after review by the Planning Commission. DISCUSSION: The Planning Commission reviewed this item on June 14, 2004. Staff presented information pertaining to site design, architectural design and landscaping in its staff report (Exhibit A-I). The Commission recommended approval of the project, citing the excellent design and the insignificance of the setback exception. Enclosures: Planning Commission Resolution Nos. 6252, 6253 Exhibit A-I: Planrring Commission Staff Report dated 6/14/04 Plan Set Prepared by: Peter Gilli, Senior Planner :æ. Steve Piasecki Director of Community Development Approved by: ~ David W. Knapp City Manager P,inted on Recycted Peper 1'-1 ASA-2004-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6252 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR FIFTY-ONE PREVIOUSLY APPROVED TOWNHOUSES IN THE CIVIC PARK DEVELOPMENT. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2004-06 Hunter Storm (Dahlin Group) Southwest corner of Town Center Lane and Torre Avenue SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2004-06 1--2- Resolution No. 6252 Page 2 ASA-2004-06 June 14, 2004 set forth in the Minutes of the Planning Commission meeting of June 14, 2004, and are incorporated by reference as though fully set forth herein, SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on the plan set entitled: "Preliminary Design Submittal Civic Park Rl Townhouse Condominiums" dated May 28, 2004 and consisting of thirty-five sheets labeled A-O to A-16 and LO.l to L6.0 by Dahlin Group, except as may be amended by the conditions contained in this approval. 2. ARCHITECTURAL DETAILS The following details shall be incorporated into the construction drawings, subject to the approval of Planning staff: a. Concrete Roof Tiles: The roof tiles shall have the following features: Triple stacking of concrete roof tiles along all roof-ridges; random placement of stacked tiles throughout the roof area; variation in the color of tile samples; and mortaring of edges. b. Wrought Iron Details: Wrought iron detailing shall be conceptually based on the approved plan set, subject to adjustments that can be approved by Planning staff. c. Trim and Corbels: Foam trim and corbels shall be allowed, with smooth finishing. Where appropriate, rounded edges shall be used, otherwise corners shall have sharp-angles (not rounded). Planning staff shall approve a final sample prior to construction, d. Stucco Exterior: The stucco finish shall be smooth. 3. STORM WATER RUNOFF MITIGATION The applicant shall avoid the use of raised curbs within the project area where applicable. In addition, biofiltration or bioretention devices shall be incorporated into the project. Prior to the issuance of building permits, Planning staff and the Environmental Programs Manager shall certify that the applicant has taken reasonable measures to accomplish the purpose of this condition. 4. COVENANTS, CONDITIONS AND RESTRICTIONS Prior to occupancy of the housing units, the applicant shall record CC&Rs for the townhouses. The language of the CC&Rs shall be subject to the approval of the City Attorney and Planning staff. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the 1-3 Resolution No. 6252 Page 3 ASA-2004-06 June 14, 2004 amount of such fees, and a description of the dedications, reservations, and other exactions, You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 14th day of June 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer and Miller COMMISSIONERS: COMMISSIONERS: Acting Chair Wong COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Acting Chair Cupertino Planning Commission 1-L{ EXC-2004-06 CITY OF CUPBRTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6253 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECCOMMENDING APPROVAL OF AN EXCEPTION TO THE REAR SETBACK AS REQUIRED BY THE HEART OF THE CITY SPECIFIC PLAN SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2004-06 Hunter Storm (Dahlin Group) Southwest corner of Town Center Lane and Torre Avenue SECTION II: FINDINGS FOR EXCEPTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Specific Plan Exception, as described on Section I of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support this application, and has satisfied the following requirements: 1. There are extraordinary conditions not generally applicable to similar uses, which justify the exception. Of the twelve units facing the rear property line, two of the units encroach into the rear setback to 17 feet where 20 feet is required. The encroachment provides articulation for the rear façade; 2. The exception departs from the requirements of this chapter to the minimum degree necessary to allow the project to proceed, in that the average rear building setback from rear property line is greater than 20 feet; 3. The exception will not adversely affect neighboring properties. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. EXC-2004-06 is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2004-06, as set forth in the Minutes of the Planning Commission Meeting of June 14, 2004, and are incorporated by reference herein. q-) Resolution No. 6253 Page 2 EXC-2004-06 June 14, 2004 SECTION III: CONDITIONS DEVELOPMENT DEPT, ADMINISTERED BY THE COMMUNITY 1. APPROVED PROTECT Approval is based on the plan set entitled: "Preliminary Design Submittal Civic Park Rl Townhouse Condominiums" dated May 28, 2004 and consisting of thirty-five sheets labeled A-O to A-16 and LO.l to L6.0 by Dahlin Group, except as may be amended by the conditions contained in this approval. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, r~servations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. SETBACK EXCEPTION A seventeen-foot setback is granted for two of the twelve units facing the southerly property line. PASSED AND ADOPTED this 14th day of June 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer and Miller COMMISSIONERS: COMMISSIONERS: Acting Chair Wong COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Acting Chair Cupertino Planning Commission 7-~ CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: ASA-2004-06, EXC-2004-06 Agenda Date: June 14, 2004 Applicant: Hunter Storm (Dahlin Group) Property Location: Southwest comer of Town Center Lane and Torre Avenue Application Summary: Architectural and site approval for a 51-unit townhome development as part of the Civic Park approval and an exception to the Heart of the City Specific Plan for a 17 foot side setback where 20 feet is required. RECOMMENDATION Staff recommends the Planning Commission take the following actions: . Recommend approval of EXC-2004-06 subject to the model resolution. . Recommend approval of ASA-2004-06 subject to the model resolution. BACKGROUND The City Council approved the Civic Park development on May 19, 2003. The overall site plan is shown on Sheet A-I in the attached plan set. For orientation, Torre Avenue is along the bottom of the sheet, with Rodrigues Avenue along the right side of the plan. Presently, Building G is being constructed at the corner of Torre and Rodrigues. The subject of this application is Building R1, which is to the left of Building G. At the May 19, 2003 City Council hearing, the applicant, Hunter Storm, verbally agreed to reduce the height and density of the Rl project. The proposed 51- townhomes are consistent with the City Council's action. The project requires a Heart of the City exception for the setback of two units on the south side of the project. DISCUSSION This report will discuss the architectural and site design of this project and the Heart of the City exception. Site Design Sheet A1-a shows a magnified site plan for the Rl buildings. A pedestrian pathway splits the Rl site into four quadrants. In each quadrant, the three-story residential units face outward, with garages and driveways in the interior. Architectural Design The project consists of 25-foot wide, three-story townhouse units arranged in rows. Front entries are about three-feet above the sidewalk level. Units have usable open space in front and rear patios/balconies. 1-7 ASA-2004-06, EXC-"-_J4-06 2 The architecture uses Spanish-style elements, including rounded roof tiles, smooth stucco walls, wrought iron railing and decoration, and smooth trim and corbel details. The City's consulting architect reviewed the project and considered it a high- quality design and did not suggest any significant design changes. Exception The applicant requests an exception to the southerly setback. Two of the twelve units along the southerly property line will have a 17-foot setback (see Exhibit A). The Heart of the City design standards requires a 20-foot setback. While two of these units encroach into the setback area, all others meet or exceed the minimum setback, resulting in an average setback of 20-feet over the length of the buildings. Submitted by: Peter Gilli, Senior Planner Approved by: Steve Piasecki, Director of Community Developmen~ Enclosures: Model Resolution (ASA-2004-06) Model Resolution (EXC-2004-06) Plan Set 1~g PRELIMINARY DESIGN SUBMITTAL CIVIC PARK Rl by crc FUNDING, LLC. CONSULT",", DEVElOPER. D~"\;I£ , W"~ CWILENGINEERS. ~ER& WRiGnT ~i~~:'t,tg¡¡¡; ARcumn m\8:J;!."&,,~~,~ :r:,~%J:¡!.k.o., lANDSCAPE ARCHITECT' CARDUCCI & ASSOCIATES"'J<C !æJ1~\l"'~' TABLE OF CDNTEN" TOWNHOUSE CONDOMINIUMS LOCATION MAP ARCHITECTURE A.O TITlE SHEET A.l SIT!' PlAN . OVERAll A.l0 SIT!' PIAN . Rl . GARAGElEVEl A.lb SITEPIAN.Rl.ENTRYlEYEl A.2 UNIT 1 . FlOORPlANS A.3 UNIT 2FLOORPLANS A.4 UNIT 3 flOOR PlANS A.40 UNIT JA flOOR PlANS A.S UNIT 4 flOOR PLANS A.6 UNIT S flOOR PlANS A.7 BlDG.A1.FlRSTANDSECONDFlOORPLANS A.8 BlDG AI . TNIRQ flOOR AND ROOF PLANS A.9 BlDG.A2.FIRSTANDSECONDFlOORPLANS A.1O BlDG.A2.TI<IRDFlODR AND ROO' PlANS A.ll BlDG. B. FIRST AND SECOND flOOR PLANS A.12 BlDG. B . THIRD flOOR AND ROOF PlANS A.13 BUILDING ElEVATIONS A.14 BUILDING ElEVATIONS A.15 BUILDING ElEVATIONS A.16 DESIGN DETAIlS LANDSCAPE ARCHITECTURE LO.l Rl EXISTING CONDmONS LO.2 Rl mE PlAN lLO RlLANDSCAPEMATER""-SPlAN l20 Rl PlANTING PlAN l2.1 RlPIANTINGPLAN l2.2 Rl PlANTING PlAN l2.3 Rl PLANTING PLAN l3.0 Rl IMAGE 80ARD l3.1 RlIlLUSTRATWESECTIONS "'.0 Rl IRRIGATION PLAN l4.1 Rl PLANTING & ILLUSTRATIVE DETAJIS l4.2 Rl PlANTING & IllUSTRATI'Æ DETAIlS 15.0 Rl CONSTRUCTION DET~LS LSI Rl CONSTRUCTION DETAILS l6.0 Rl PLANTING & ILLUSTRATIVE NOTES TITLE SHEET PO SUBMITTAL """','~ CIVIC PARK 1....101."" CUPERTINO, CALIFORNIA ""~_. ~-.a,,~ ~~::;::::~. A-a =/ÞCJ ~ CIVIC PARK CUPERTINO, CALIFORNIA SITE PARKING ANALYSIS PARKING REQUIRED BLDG. A&B 100% OFFICE 20B BLDG. F 100% OFFICE BLDG.C 90% OFFICE 179 10% MEDICAL BLDG. 0 25% OFFICE 75% MEDICAL BLDG. E 25% OFFICE 75% MEDICAL BLDG. G MEDICAL OFFIC 95 RESTAURANT 21 R-1 TOWNHOUSE 51 UNIT5,2~1O2 STYLE CONDOS R-2 CONDOS 6B UNITS ,2-136 '2UNITS,'~'2 RETAIL 95 TOTAt PARKING REQUIRED B4B ON SITE STRUCTURE ON SITE SUBTOTAL SURFACE PARKING GARAGE PARKING STREET PARKING BLDG. C, D&E 131 0 21 152 BLDG. A, MF B5 0 B 93 BLDG. G 79 B3 0 162 R-1 0 102 14 116 R-2 0 2B2 34 316 SUBTOTAL 295 467 77 TOTAt PARKING PROPOSED B39 OFF SITE STREET PARKING BLDG. G 11 R-1 11 TOTAL PARKING ON TORRE AVENUE 22 LEGENDS PROPERTY LINE PHASING LINE ~! SITE PLAN - OVERALL ""'.'~ ~O"Ç;"O~.oo, .tBla..iI.~ :::=<;:;;,:: ::~:;::,_. AT snEDATI\ 'ID WNHO ME UNIIS UNITCOUNT UNIT1- 4 BID1O0M @ 1,992 SQ.Fr. UNITIA-4BID1O0M@ L992SQ.Fr UNIT2 - 3 BID1O0M @ 1,742 SQ.Fr. UNIT3 - 3 BID1O0M @ 1,689 SQ.FI'. UNIT3A- 3 BID1O0M@ 1,701 SQ.Fr. UNIT4 - 4 BID1O0M @ 2,052 SQ.Fr. UNIT5 - 4 BID1O0M @ 1,960 SQ.Fr. 'IDThL 91,364 SQ.Fr. AæACAlCUJA'OON !UJlDING ARÐ\ mvA'IEYARDAæA IANDOCAffiAæA AlJEiWAY ARÐ\ '" VEMENT ARÐ\ 'IDThLAæA 8 UNIIB 2 UNIIB 8 lINtIS 24 UNIIS 4 UNIIS 4 UNIIS 1 UNIT 51 UNIIS 48,096 SQ.FI'. (43.5 %OF'IDThU 6,706 SQ.FI'. ( 6.1 %OF'IDThU 22,064 SQ.FI'. (20.0 % OF'lDThU 20,488 SQ.Fr. (18.6 % OI"lDThU 13,139 SQ.Fr. (IL8 %OF'lDThU 110,493 SQ.Fr. USFAJ'Å’COMM)N 0- SE>\CEJ>:QUIHID 7,650 SQ.Fr. USFAJ'Å’COMMON 0- SPACEIIDVlDED 10,769 SQ.Fr. FAR 62.7% t)~ snEHAN - Rl- GARAGE CMC PARK .tJ'..:t;...II~ CUHRl1NO, C AI1FO :RNJA "",..c__.m ::::::~:~. Ala NO"," @! ~ , ~ s ~ ~ ~ ~ ~~ ~ ~ u Co) ~ BDRM3 ~ -'l I =------ GARAGE :1 i sæONDFIDORHAN FlR3T FlD 0 R RAN G ARAG E FID 0 R RAN GARAGE FLOOR, 54 SF GARAGE, 51B S.F. SECOND FLOOR %1 SF FIRST FLOOR ~11 SF TOTAL 1,~~2 S.F. CMC PARK r- .. = . GARAGE l' . AIT. G ARAG E FID 0 R RAN GARAGE FLOOR, 54 SF. GARAGE, 552 S.F. UNIfl - FIDORHANS ..J'Á";....."'" CUfHU1NO, C AIOO RNJA A-2 ,"HCm_C"",," ::f:::':. 1 .' I 11 l SECOND FIDORHAN FIR3I' FID 0 R RAN SECOND FLOOR 81q SF FIRST FLOOR q23 SF TOTAL, 1,142 S.F. CMC PARK CUH'RllNO, CAllFD mIA r- l r-_n--___nn-----------_n------, - , GARAGE FID ORHAN GARAGE FLOOR 0 S.F. GARAGE, SI8 SF " , j ... if UNIf2 - FIDORRANS ~"'.'OO' ..~n..iI.'" "",-c,.".m ¡:¡::;:::::. A-3 r"D ¡-- -+ ~ONDFIDORPIAN SECOND FLOOK 80'1 SF TOTAL 1,68'1 S.F. CMC PARK CummNO, C AIlFD RNJA A-4 ~I : -ll ;J ;1 FIR3T FID 0 R PIAN GARAGEFIDORPIAN GARAGE FLOOR, 0 S.F. GARAGE, 52'1 S.F. FIRST FLOOR, 880 Sf. UNIJ'3 - FlDORIlANS ~,,",oo, 11Å“W;...II"" '",>Co,,--" " m:~:::. SEBOND FIDORRAN SECOND FLOOR 821 SF TOTAL 1,101 SF. CMC PARK " , I I , ---~lJ FlR3T ill) 0 R RAN FIRST FLOOR 880 S.F. 1___nnnn__"""~ , , I i Lmn_nm_-c_: GARAGE ND ORHAN GARAGE FLOOR 0 Sf. GARAGE, 488 S.F. \ 1 II J1 UNIT3A- FIDORHANS ~,~.'OO' .lJ'ø=~n.."" CUFHUINO, CAIlFD RNIA ",n~",-.". --""~, ::::;;::~. A-4a - ~ "', " , -.- 'jj THIRD FLOOR PLAN THIRD FLOOR 451 Sf. TOTAL 2,052 S.F. CMC PARK SECOND FLOOR PLAN SECOND FLOOR 1,llb SF. ~ FIRST FLOOR PLAN FIRST FLOOR 41~ SF. GARAGE, 438 Sf. UNIf4 - FlDORFIANS .mu......... GlJINmN 0 , C Al1FD RNJA A-5 ~;~'::::C;;:;'%,: ::;::;::~. I B~R::.3 \I B.~!,.~.i ii' SECOND FLOOR PLAN SECOND FLOOR ~44 SF. TOTAL 1.%0 S.F. CMC PARK C ummN 0 , C AIOO RNJA GARAGE 1 FIRST FLOOR PLAN GARAGE FLOOR PLAN FIRST FLOOR ~51 SF. 6ARA6E FLOOR 5~ S.F. 6ARA6E 53~ SF. UNIT5 - FlDORHANS .lTa;...."" '",.~.c.~.~ mET:~^:iI A-6 rf1 '~ oìJ~ . I~ ,0 ~~ ~ê ~~ z :::s a... eo:: 0 9 u.. ~ eo:: ü: z :::s a... eo:: 0 0 ....J u.. 0 Z 0 U UJ (/) ~ ~ ~~ ~ ~ (,) 0 ~~ '0 ~s;¡ ~~ ~~ :1 z ~ a... u.. 0 0 ~ IX) .d: , g . ~ ~ ~ ". H,~ Hi! < ~ . 0 i z ~ a... ~ 0 0 -I u.. £:I ~ I I- ~ ~ ~i ~ ~ C,,) u ---- ~~ I~ ,0 ~ ."" ~ 0 ~ 1 ~- I L U l 0') ~ - 0 i ~~~ !ð" w¡ ,H, . ~ . 0 i z ~ a... 0:: 0 0 -I LL. l- V) eo:: ü: z ~ a... 0:: 0 0 -I LL. 0 Z 0 U w V) ~ ~ ~i ~ ~ C,,) u U- ~ ~ ~ ~ ~ ~ ~ ~ Q Co) ,.~ -J -J 0."-1 J t ~! ~~ ~ê ~~ ~~ z ~ a... co:: 0 0 ...J LL. tñ co:: ¡¡: z ~ a... co:: 0 0 ...J LL. 0 Z 0 U LU (/') ,....¡ ,....¡ <1: , õ ~ till! n¡¡ ! ~ ~ ¡,ii . ~ 0 i ~ ~ ~¡ § ~ 0 í.,) ^~ , ...~, ~i ~@ ò,¡; ~~ <. ~~ 0 ~ z ~ a... ~ 0 0 -I LL. 0 ~ I I- z ~ a... LL. 0 ~ , 5 ¡ ~ æ ~ ~ ~¡ ~ ~ Q u ~"'-~~ I-~~I.'¡;L~ I!~ awc 70", W~'<N& ;; ! ! / n , ~rfT ""'N Þ><Þ"TWN ! ->r"-"fQ- ! I r~ - ",TArL 1/; Ll I 1;::-- , , r-1EL"L- / ¡- , G) BLDG. TYPE A 1 SOUTH ELEVATION @ BLDG. TYPE Al NORTH ELEVATION @ BLDG. TYPE A 1 END ELEVATION @ TORRE AVENUE ELEVATION BUilDING ElEVATIONS . " ~n.,~ """""""..."', CIVIC PARK CUPERTINO, CALIFORNIA ~~~ ::;~~:: I A- 1 3 ;:::::",,8 r- i ~ ,i ;. .,' '. '. "'. è '~ , ')" '~C.... -f:~,AV, . ¡'Pt21~- ! 4n~ /~ '/ \ .."i"T"""'"" CD BLDG. TYPEA2 NORTH - CIVIC PARK ELEVATION @ BLDG. TYPES NORTH. CIVIC PARK ELEVATION @ SLDG, TYPE S - COURTYARD ELEVATION @ BLDG. TYPE B . ALLEYWAY ENTRY ELEVATION BUilDING elEVATIONS ,"°,""","""" CIVIC PARK CUPERTINO, CALIFORNIA ~~"V"~ ::;,:~¡;;;~ I A- 14 ;:¡:~... 'AM ",," CD BLDG. TYPE B - ALLEYWAY ELEVATION @ BLDG. TYPE B - ALLEYWAY END ELEVATION BUILDING ELEVATIONS @ BLDG. TYPE B - ALLEYWAY ENTRY ELEVATION CIVIC PARK CUPERTINO, CALIFORNIA 1'7..I:.I.iI.'" ~:=;;:;:~'; I A- 1 5 ~;:;;~~~~. ~ § ~l ~ , ! '" ~ ~ ~. ..T ! ã ~ ~ ð l ..°," t-~--;'~-l :.t'. ~.. . . ì . . g \- ¥ 3 ~ i! ~ <I {~jj -_of t-~,E ffil ~ "~ ~ ~~ ~ ~ :9 ~ ~ j Jï ~ ~I ': :? ¿ ~ ~ t---~':;T7t >~ ! ¡, L: ~ ~~ .- . r "" a 1 , tI ~ I ~7 I / ~ ~ w 0 z l? ¡¡; w 0 ;1 " ;¡ , .pc;-,;¡F""':r; WI '~' " - I. . t ;~ ~. ' .. . i I ò [z1 H; Uf ~ ~ § I@J g z ~ \- ~ ~ r « Z r:><: 0 LL ::::¡ ð ~ ~ - « 0 a.. Z U ~ - LIJ > a.. - ::J U U § g 2..2.2 2 ~ ~. ~. ~ ~ ~..~.. ~~ ~ 2 ~ 2 ~ ~ ~. ~ ~. ~~... ~ ~ ~ ~ p ~ 2 ~ ~ 2" ~ 2 2 ~ ~ p ~ ~ ~ ~ ~ ~..~ ~ ~ ~ ~. ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 2 2 2 ~ ~ 2 ~ p ~.... ú. . ~ ~~ m n ~ m ~ H. ~H m ~ ~ ~~~i~n~~~ ~~~ ~~mu~n~m nmm~~ ~~~i~~~<~~uunUUH!~~mmU~~~ mmm i~h ~ ~ ~ ~i i idd ~ ~ II i III ~ II ~ m ~ ~ ~ ~i ~ ~ ~ ~ ~~ ~ III ~ ~~ ~ ~~~ ~~i ~ ~ II i i i ~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ I ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .2: ~ n ~ ~ ~ Q ~E is ~ ~ § ~ ~ ~ = ~~ ~ ~ ~,~ ~ gB a ~~ ~ ~ 6 ~ ~ g. ~m; ~~.~;~, ~¥H ~ ~ ~ ~ ~ ~:;; ~,,~ ~ ~ ~ ~.~ H E"~ ~.~ ~ ~ ~ ~ <; ~; ~. ~ ~ ~ ~ ~,,~ ~ ~~ ~ . § ~ ~ ¡¡~ .iI Q ~~ ~ ~. ~ ~ . I ~ ~ ¡¡ ~ ¡¡ (.'\ ~ ,~) '" ~ .~ ! F ~ 15 . ~ is . ~ " ". ! ~ii 1i' 9 .,. H.~ ~m ¡u, ~ 6: ~ ::J « [t ~ ~ ~ ;; ê - ::J 0 () --.2rl'. 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"""'.,."""',"'" A"'" """""""""" """ A"""'OI""""""'" .AGH_"-"""w"."n<"""O<'"""K,~m,,,,- ~_u" ~ ~;~""O~ " "'"" '" "'"" " "'"" " "'"" "'" WASH"" O~ '0' COOOA; '0' GOAS""""~ :~~== "" """"""""" "" """"A""" "" """""""" '0> """"""""" ,,'" OOCC~-'""'" "0 oocc~"""'" '" """"""-" "'""U-~"""'" '" oocc~-'""'" ::i~~-'""'" ,,0""U-~-'""'" ,n oocc~-'""'" ". """""""'" '" """""""^" "" """"A""" "',OO<X""'" :;;:;g¡;:x~-,""", :~;~= "0 """"""-M ,~,OO<X""'" "0"""""""" :~=""'" ,"",oo<x""'" ",,"""""""" "" oocc~-'""'" '" """"""""""'" "'"""~-'""'" "., ""'VA""^" '" """'^""^" "., ""'V"""^" "'" """"A""^" "'><DCC~,,",,"'" ,., 'UM ,., 'UM ::; :::;¡~=:::::;: ,.. WASH"""~ '" PO"""""" '" OOCC~""""'" ". ><DCC YHOOO """"'" :;¡~~~""""" '" """"""-M ". """"""-M '" POOOGARF<» '" """"A""^" '" C""",,"""^" ""OO<X""'" ,"',OO<X""'" ""OO<X""'" '" """""""'" ,OO Pc"""""", '" u"""^""^" "" 'OO<X""'" ~~ =: ~ """""""'" '00 """""""" '" «_"-M ::;== '" POO<X""'" :::;~= '" """"""""" ,oo """""""'" "" """""""'" "" '"'" YHOOO """"" ", '"'" YHOOO """"'" ::; ~YHOOO"","" "" ""'",AM5AA :: ~:~~= "" """""""'" ~~,== i'~ ¡:~~~= '" """"A"""" I-.~-- --- -- -- ~-]:.:~-: ..- """'"00< ~ " 00 " 00 00 " " " ::¡' " " ::¡' " '" " ~ " " '" '" '" " '" '" " '" '" " ", ;~ " " ", ", '" '" ", '" '" '0 '0 '" '0 '" '" 00 " '" i~ ", " ", ", '" " " '" '0 '0 '" '0 " '0 " '0 '0 '" " '" ", '0 '" '0 '" ", '0 0" '" '0 '" '" '" ", i~ :¡ :¡ ß R1 TÆE FtAN d) !:"'LJ""i IIII'~allll!"" ""~~~~ :::~;::::~. LO.2 ~ :i . ~ " 0 ~ ~ > iI! II I ¡ ¡ , . , ,! ' i g ! ~ ¡ 3 H ¡ , n! \ d ~ ~ Ii ! I ¡i ~ ; I ! !; ~~¡ !~¡ ¡ ~ 2 I1~E~ì~ !¡ Ð , f ~ ~ ¡ddî g : t ¡HI 11! ¡ i Ind, ~ : I I, ,j ,j, ¡ , i In' ¡q 0 ! I h 2! g! 2 ¡ , ~ ¡ Ie !ii!~¡~¡~I! i~ i ! il id i ! ~ ; "J '¿ ~ ê' ~ ", ~ " . It: " , ~!~ Ii: i .¡8 H.! !!' ~ -", "" ~ ! ~ t 2 í . ~ ! ~ ~¡ , ! ~! I . I~ ~ ! ~qh ~ ! ~I ~~! I i II ~q ¡ êgtJH¡ i .~! 02 2 . '~..i !~1 ¡ ¡ ! < '~!". 0 ! ~id~ ~ ~' ¡ ~ ì! '~3 a¡1 ' i ~ ¡j ~~~ !~' ~ ~ ~ ~I-¡ <g~ '!h ! ! ! ! í ~ ~'i d Oi ñ ::1 i ! I I :.11111,' ! I' ""!'f ! II II II ,¡I¡.ii! i Ii !!I¡~ ~ IiiIIIJjj=, . I ¡ ¡ . t . . + ~ 0 " ~ ~ < ;/ " , " õ ~ . ~ , ¡" . " - " , 0 . ~ ir f2 ::J « it ~ cr: ~ ~ ~ - :J () () i ~ :~ ~ ". ~ ~ , ~I! ! , j I I ! ! 'I I' ill! :,1:11,1 e !' I, I I I" Ii! . I II"~ IlIiI!'~ IHB. . __hh__, ,- , i @: l__hhh- :::ç ii: f2 :J <{ [t ~ 8: ~ () ~ > ~ () 0 CIVIC PAR< CUÆRIlNO, CAUFOR-JIA .->-".,.,.,,"','" O~~TI~~A-A Ø~':T'~~ B-B ENLARGEMENT "I PLANTIN6 LE6END @ ø @ @ ø @ @ @ GJ ---~-- ~_A.~ (j) ~.,~~~. ~..~'^-~. ~_A",_~' ,-~ ~~~, ~-~ ENLAR6EMENT "2 PLANTIN6 LE6END CD -- @ ø @ ~,,-~.. 0 0 -~ -,~,~ @ _A'~~"OUA @ ~A""_"~~~' -.. ~A_'~'~ . . . . . . . . . . . . . . . . .::~ I~:;i~ ~~ &'''':''IN.G ":" . ~,~ ~.æ'" "'"'"' III"';..""'" ~::=~.':;",:': :;:~;:;::,~. L2.1 ENLARGEMENT "3 PLANTING LEGEND CD (j) -"~~,, ~~~: Å’) 0 -~ "'"' ENLARGEMENT "4 PLANTING LEGEND ~ ~AA'<~- ~ -...-..-- CD ---- ~ (2) '_"<n'~~~ ~"~~~ (J) -,~=~.,,<^ 0-~ @ ~"^ .~^"~ @ <-,,^ ~<^-,~ ø ~~"-,,. @ ~~~,~"^ ~,,~--- @ --~~~ ~-^'"~ @ -~-,<- GJ) ~M^ "'^" (j) ~"~_re O~~~i.I~~.D-D CIVIC PAR< CUÆRfINO, CAUFOA'JIA I-^~~..< --- -- -- ~ -:~::.- -- ~~~ I~:'I'II"'" =::;==.:: ::::;;::::..8 L2.2 C") ~ (9.. ..... . ()) cD . ()) cD 0 . cD . ()) : cD : II : ~ I 0< ~ :~ ~ ". ~ ! ' ¡ ~!~ <i. ¡, ¡ " '" ¡Hi ¡¡i, . : i : : :3 . . ill :~ i 0 . ._.~...... . . . . . . . . . . . . . ~ C'l " "-->- (j¡ì!i N N ':- -- m - - . ......: - -- ........... .." ~ j I I :,111111' ! I' 1""1" II h! 'Ii.¡i¡ . I!' . 851 il!o I !IIi; ~ .-m=. . ~ i ì §! ~ ~ ¡:: z ~ ¡ \\'! ! q¡ ~ ï \ ~ ~¡e88G@@Ð@@ I ! ! I ~~ ~~ 1~ ll~'~ II.. -1. ~ rI: f2 ::::J « [t ~ ~ ~ ~ ~ - :J () () CIVIC PAR< CUÆRIlNO, PLANTIN6 - . - . ... " .....,., .. LAVEN""R YELLOH DAYCn . "-. . 6RÅ“ND =vERf VI""" . . CAVE"DER STAR FCO""R FURNISHIN6S """"'APE FORMS, "'" ""OEPeAOCE S'DE-"""""'" SO",,""2-24-93 II . LA""""APE FORMS ""', ""OEPe""'" HI'" ASH PAA SO",,""'-24-" CAUFOR'JIA BENCHES """'SOAPE FORMS, "'" SOARSO"""'" a""""" STRAP ",,"""-IVY """""POOAT SO"""-","T2 "'""SOAPE FORMS, "'" SOA~ a""KCESS STRAP ",,"""-IVY 'O"""POOAT %!5005-""- '" Ll6HT FEATURES ,lL¡l'I PAVIN6 PEÅ’õ""AA PAVI"" GOC"",,D GO""""", DAVIS GOCOPS- MOGeA (I '" 6Å“e) . G<XOA "cas hl50) SA"'-"'-AST "",SH GO><O""TE a"""", "" GOCOP, SAND""'-AóT mSH II VE~~':-"~~;'A~,," (4'X a¡ '°' >ERRI""""'" PATTõ" MIX GOCOPS, SA""",-HO"", MAR", OARMEC PAVER aA"'" MISSIO" PA"",," ""X.'), OOCO"- PACIFICA WATER FEATURES EXAHFLes OF POSSIaLE HAm< 'EAruRES O""'-TYARD 'Q()NTAIN . I-ro.~." --- -- -- ~ ~~::;.:- -- R1'MAGEroAR) IIB;.RII"" =- ~;~::~~- ::f ~,,~_. .._.~-= ::;:;;:~~~. 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""~ '0 " """,- ""-"1""--""",'0"",""""",""""", 'III """"'""""""""'" 1m """ ~'O"'........,,"""""""" (\AIR VACUUM RELIEF VALVE (AVRV)(\ T~RF ROTOR 1.b!;;.TALLATION C7!DRIPPERLINE MOUNTED) ,',"-0 CT"'-o '-~-"OR'_""~,^""'~"""" "~I~It:- """""'" ~------""""""o.~ ~--eve"""'r2'_"""""". """""""""""""""'" -""""""""'",""OR - eve"" .". '12' "PT .~ i':",%"" ""'" " ""","" --------- eve "'~"" "" "'" "'" ~ ~ 0 ~ cl -"""""""'"IT"""""""""","^,""M'~ " "'"""""""'"PE PVC TO DRIFPERLINE CONNECTION ".,'~ ",""",',,-"'BO"""W,,", w_n."""'"","'RV ~ ~=~,~'::"~ ""'" """,,""'= 'm~ ""w",""""", V"""" """"foU ,!<~.,""""""'~""""" "'""",,,= """"".",-"',"',"'."" """"" ""'" ----" 'w,""""""""""- """,,"'ffÅ’V"'""""~ """ "-"u."".^,w"~",, ,"""'u"'"""', """'"'-""""'~"""" ""'" ~~~,~;E~;E!:;:;', AB<MF!""""""'" 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"""""Å’PAY'"" "2- M" " ,~:O~~:_Å’O "BE" BOA"" ~~;=';:;:~"'YE~~ P = ""'" ""M'" "_'~A~OR O"T.~W",,~ AT eOGA"~ ",- ON~ "'" CONCRETE PAVING 0 JOINT SEc,TIONS ------~ <12". " CIVIC PAR< CU PERTlN o , CAUFOR\lIA NO"" , ""'" MED"'" """"M PERPEND'W"'" <0 PAT" 0' '""VE>. 2" ~O><E -""T> """-, BE PLACED A MAX 0' '" 00 OR '" 5HOOo<'< ON """S 0 '" MAX O~, """" " AU. AREAS "'~'" PM" OF ;"RAVE>. " """ ceND",o..,; Å’EA~ """"" ~AN '" COO", SLOPE "" "" POOP CO"""" "'~ =T APPROV'" BY '"'PWOR I ~-_. PEO"~'4N CONe""" PAY'"" 00"", ~,Å“NE5S .' PEBAR -- ~ REBAR '""","" (0<-) ,"' CLA55 " 466" B'SE ~(W"" .. >ð<-Ð<PÀN""",-"',, ~'WE" <2 ~èÆ MA"""'" '"'C,,",,55 "" 0 CONCRETE E6YING Sgç..:rl<2tL """. '-0 ~;;(NG- "" @ "2 ,"-OPE MAX "'""" A5 "",,"'REO BY "-OPE - . M," TYP ~!¡;~ c--,,~~ -~--- ;YP'CÀL 'O'" U>6, """n"XW ""'"""OR"""" Ot.'?fJ=SSIBL,j': CU~ ~I'-1E. TYe' ':- B AI CONSIRJCTION DerAILS I~.~'~ --- -- -- - ----" -- . o~¡1~,o:::' ~-BOTNO "'DO' .JEII;I.IIII--"- :~':;~:;:; :;:~:::"'. l5.0 """"D<~ CO"""'-~I", =~-i""'-"'" ""'A" ",,",I~ OJ" O"" "",,",,",AL ""'^" 3" oC" oe EJ" ~ ~~;;'S~'),~:~ :::;:"ZO",AL (4" ""æ" </2" "DE 3 SIDES. WP ""O"""'D E"'~SIQN ~I'" =.;.~~~ ="P~~ O" PLAN r"~ l."i ~".lk- L.." "r',,;" " L" ,. OlA ",,0 """'ORATED A'" ~"!;;~~~T;;';;"'- D"",",=CMC"",, ~:',," CATERAL '" SAMe _O<OTE,,"" ',,",,10 EWEeD'" "'^" Á"" OVE<CAP 12" - "Æ AND ""'""" "SA"" """""'C ] O<ATEBOAAD """'"""'" PC~.NO ~ALE EXPA,,"ION """, ON",,"C PC~-NO~"" NOTE, Æ",-PI'" AND '"'«6A",," COMBI"" ""'""", =TI<AGW'S """""" 0 COMBINED FERF FIFE 4 .!RRIGATION TRENCH <MOO"'"",,", Mm"'S~D - "CAS, """'" ""'5 -..ovID< MOUe>' PI","" G><ADE oe AD""""", PAVI'" _",", SAND OC^,""","'WP" .. 'fER, ""'^" ^' Ib' = "AX ~ :J NOTES CONe PAYI"; AND PAVERS W BE PC"'" ;yP PAVERS ,0 æ 5<, '" 4O" """"""",,'" PAn5<" ::,:C ::::;;O~:: ::~~ :: ~ ~AL """" '"'^"" -~ rtf<' ""D"5 ~:::"s~~"~:;'~'TE "'X<>" P"~ ,^""'c, ","",", 140" CI.AS5 2 """ BA5E COMP"',"" 'O..~ " PC"""",, OONDlm" D- PROOF 6ACK oe "-'U. """ SPECS TO mH," 2' 0' """" _DE .. ""'". <2' DC ~~",;:~~ ~¡~ ,,~ CO",""'TED """"""" ~~EN' CONC O~~~~!.LANTER WALL O,~r:<-!CA5T CONCRETE FA.YER5 ,."",""""'" O<O-TE="E '_'C, "'RAF' 500 -,,~ RECA""" COMP"""" _eAAPE ,OF 12' "" ""- "" "'" OEOTE'-"'ICAL """"'-T NOTES 1 COC,," "'" ALC E~SFD ~--"""" "^""^'- CONC COC""", CA"" "CACK A1 CONSffiJCTIQN DETAILS CIVIC PAR<: I~;~ ~~ IIJ'.!I;IIH!-,.. GUÆRTlNO, CAUFOR\lIA ""~~_. :;:~;:~~~. L5,,1 I I,; i. ' i I!! ~ I I I í I I! I ! , i , ! !. ¡ I ¡! II ¡I! , ¡: 'I Ii I I ill I . ~'!!!!m¡m!!!!1i I ¡ " :, Ii : ¡ iq I ! I !, ¡Ii I !. !' II I " ! !,., II I I d , I !: ¡ Ii! II i ¡'I I ¡'I I ¡ ¡il I! I I !" I. i " I!' I Ii'I i I ' ¡ Ii ! I' !! . 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I' ¡' I i I, ¡I ,:' ~ '" 1','llllii!l,i:,¡¡'h;¡'ljlll:q!!llil:ljl¡I,' L,I; !!!.IH!!dpUh!!!!!!!!!I!!!i!:!d!:! 0 0 0 ::!; rt f2 ::::J « rt o. ~ ~ ~ ~ - ::J () 0 I CUPEIQ1NO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No.~ Agenda Date Tuly 6, 2004 SUMMARY: Consider Application No.(s) ASA-20O4-07; Ren Bates / Carducci Associates; Town Center Lane; APN(s) 369-40-002,369-40-016, and 369-40-017: a) Architectural and site approval for an approved park space as part of the Civic Park development. RECOMMENDATIONS: The Planning Commission recommends approval of: 1. The architectural and site approvalr file no. ASA-2004-07, in accordance with Planning Commission resolution no. 6254. BACKGROUND: The City Council approved the Civic Park Master Plan on May 19, 2003 with the condition that the infrastructure of the park be approved by the City Council after review by the Planning Commission to ensure that the park can accommodate special events. DISCUSSION: The Planning Commission reviewed this item on June 14, 2004. Staff presented analysis of the location and distribution of garbage and recycling bins and electrical outlets in its staff report (Exhibit A-I). Enclosures: Planning Commission Resolution Nos. 6254 Exhibit A-1: Planning Commission Staff Report dated 6/14/04 Plan Set Prepared by: Peter Gilli, Senior Planner SUbmit9 b~ ~r Steve Piasecki Director of Community Development Approved by: J1X David W. Knapp City Manager Printed on Recycled Paper /ð-I ASA-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6254 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR THE INFRASTRUCTURE OF A LINEAR PARK THAT IS PART OF THE CIVIC PARK DEVELOPMENT. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-20O4-07 Hunter Storm (Ren Carducci) West of the intersection of Town Center Lane and Torre Avenue SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconc1usions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2004-07 I ð- :L Resolution No. 6254 Page 2 ASA-2004-07 June 14, 2004 set forth in the Minutes of the Planning Commission meeting of June 14, 2004, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on the plan set entitled: "Preliminary Design Submittal Civic Park Rl Park" dated May 28, 2004 and consisting of four sheets labeled LO-O, Ll.O, L2.1 and 13.0 by Dahlin Group, except as may be amended by the conditions contained in this approval. 2. TRASH/RECYCLING BINS Trash and recycling bins shall be located based on Exhibit A. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 14th day of June 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer and Miller COMMISSIONERS: COMMISSIONERS: Acting Chair Wong COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Acting Chair Cupertino Planning Commission 10-3 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: ASA-2004-07 Agenda Date: June 14, 2004 Applicant: Hunter Storm (Ren Carducci) Property Location: West of the intersection of Town Center Lane and Torre Avenue Application Summary: Architectural and site approval for an approved park space as part of the Civic Park development. RECOMMENDATION Staff recommends the Planning Commission take the following actions: . Recommend approval of ASA-2004-07 subject to the model resolution. BACKGROUND The City Council approved the Civic Park development on May 19, 2003. A condition of approval specifically required Planning Commission and City Council approval of the linear park infrastructure (electrical outlets, trash/recycling bins) to ensure that special events could be accommodated. These items are shown on Sheet Ll.0 of the attached plan set, but due to the reduced size of the plans, they are difficult to read. Exhibit A has been prepared to illustrate the location of the electrical outlets and trash/recycling bins. DISCUSSION An additional trash/ recycling bin is shown on Exhibit A in red. It is a logical location that was omitted. Staff has no further comments. Submitted by: Peter Gilli, Senior Planner Approved by: Steve Piasecki, Director of Community Developme~ Enclosures: Model Resolution Plan Set Exhibit A: Civic Park: Infrastructure (ð-Y ASA-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR THE INFRASTRUCTURE OF A LINEAR PARK THAT IS PART OF THE CIVIC PARK DEVELOPMENT. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2004-07 Hunter Storm (Ren Carducci) West of the intersection of Town Center Lane and Torre Avenue SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3, The proposal will use materials and design elements that compliment the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-20O4-07 ro-s Resolution No. Page 2 ASA-2004-07 June 14, 2004 set forth in the Minutes of the Planning Commission meeting of June 14, 2004, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on the plan set entitled: "Preliminary Design Submittal Civic Park Rl Park" dated May 28, 2004 and consisting of four sheets labeled LO-O, Ll.O, L2.1 and 1..3,0 by Dahlin Group, except as may be amended by the conditions contained in this approval. 2. TRASH/RECYCLING BINS Trash and recycling bins shall be located based on Exhibit A. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 14th day of June 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission IO-b EXHIBIT A Civic Park: Infrastructure Additionallrasb/recyding bin location ~=, ._~ ~" -~ _A_" -- ..-. '_A' "A_~ ~ - .~... -~ -, -~ -~ ~. 'ô?' 'ô?' 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" ~ ~ dd M: ~~~ ~31~ ~~ ~~u~~d " s ~ <~ .;, t~ ~~ t~~~f ~~~~~ ~~~~~8~ ~~~Im ~~~~a~¡j \I) \[) z I \I) Z Ii => LL \[) z ¡::: z 4: --l IL \I) ill Ii => f- 4: ill LL Ii ill f- 4: s: ~ ~ ~. ~~ ~~ ~~ ~~ ~ ~ Ih SU ~¡:~ ~ ~ ~d ~h ~Ir L¡ H~ J~.~ ~ ~æ ~? ~~. ~~* ~h J~~ ~ ~ . m ~ ~ ~ ~ ~ ~ . ~ " < 0 @ ~ ~ ~ . z ~ a :3 fi' '" 9 ~ ;¡ 0 ~ ~ ,,8 ., ; iW m¡ ~ ci i i ~ ff ft :J « [t <.) g: g ;: ~ - :::J () <.) i. 8' CITY OF CUPEIQ1NO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No.lL Agenda Date July 6, 2004 SUMMARY: Consider denying Application No.(s) M-2004-O3, TM-2004-04, EA-2004-06; Deke . Hunter; 10430 S. De Anza Blvd., APN 369-40-002: a) A modification to allow the conversion of an existing two-story office building into office condominiums. b) A tentative map application to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development). RECOMMENDATIONS: The Planning Commission recommends: 1. Approval of the Negative Declaration, EA-2004-06; 2. Denial of the modification, file no. M-2004-O3, in accordance with Planning Commission resolution no. 6256. 3. Denial of the tentative map, file no. TM-2004-04, in accordance with Planning Commission resolution no. 6255. BACKGROUND: The Planning Commission staff report (Exhibit A-I) refers to a vesting tentative map. The Municipal Code requires substantial detail for any request for a vesting map, which the applicant could not reasonably provide. Therefore, the vesting portion of the application was withdrawn and the project before the City Council is only the condominium subdivision of the existing office building. DISCUSSION: The Planning Commission reviewed this item on June 28, 2004. Staff presented information about the consequences of the subdivision in its staff report. Applicant While describing the plan to sell the individual office suites to current medical/ dental tenants, the applicant stated that exterior upgrades to the building would be acceptable as a condition of an approval. Planning Commission While sensitive to the idea of providing an opportunity for doctors and dentists to own their own suites, the Commissioners were concerned that subdivision into office condominiums would compromise the ability to redevelop this site to be more Printed on Recycled Paper 11-1 TM-2004-04, M-2004-O3 Tuly 6, 2004 Pag-e 2 compatible with the Civic Park Master Plan. Additionally, subdivision of older office buildings sets a poor precedent for other office complexes in the City. The City's economic health depends on the City's ability to adjust uses or allow redevelopment of sites to conform to changing market conditions, Enclosures: Plannmg Commission Resolution Nos. 6255, 6256 Exhibit A-I: Planning Commission Staff Report dated 6/28/04 Recommendation of the Environmental Review Committee dated 6/9/04 Initial Study Plan Set Prepared by: Peter Gilli, Senior Planner ~ - i, ... Steve Piase Director of Community Development Approved by: ~ David W. Knapp City Manager 1\- ~ TM-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6255 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A TENTATIVE MAP FOR THE SUBDIVISION ON AN EXISTING OFFICE BUILDING INTO 20 PARCELS ON LOT 5 OF THE CIVIC PARK MASTER PLAN AREA. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-20O4-04 Hunter Storm 10430 S. De Anza Blvd SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has satisfied the following requirements: a) That the site is not physically suitable for the type and intensity of development contemplated under the approved subdivision, since the site is located on the primary entrance to the Civic Park and the present architectural style of the building is not consistent with the Civic Park improvements, and that fragmentation of the building's ownership will likely preclude redevelopment of the site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-04 for a Tentative Map is hereby denied, and That the subconclusions upon which the findings specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2004-04, as set forth in the Minutes of Planning Commission Meeting of June 28, 2004, are incorporated by reference as though fully set forth herein. 11- 3 Resolution No. 6255 Page 2 TM-2004-04 June 28, 2004 DENIED this 28th day of June, 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: Vice-Chair Wong COMMISSIONERS: ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f sf Tag-hi Saadati Taghi Saadati, Chair Cupertino Planning Commission (I-L( M-2004-O3 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6256 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A MODIFICATION TO A USE PERMIT TO CONVERT AN EXISTING OFFICE BUILDING INTO CONDOMINIUM OFFICES SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: M-2004-03 Hunter Storm Lot 5, Civic Park Master Plan Area, 10430 S. De Anza Blvd SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will be detrimental or injurious to property or improvements in the vicinity, since the fragmentation of ownership resulting from the subdivision will preclude future redevelopment of this site and the site is located immediately adjacent to a proposed three-story mixed use building and the primary driveway accessing the Civic Park project, and future renovation of the site will become highly unlikely. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit Modification is hereby recommended for denial; and That the subconclusions upon which the findings specified in this resolution are based and contained in the public hearing record concerning Application No. M-2004-O3 as set forth in the Minutes of the Planning Commission Meeting of June 28, 2004, are incorporated by reference though fully set forth herein. II-) Resolution No. 6256 Page -2- M-2004-O3 June 28, 2004 DENIED this 28th day of June 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: Vice-Chair Wong COMMISSIONERS: ATTEST: APPROVED: I sf Steve Piasecki Steve Piasecki Director of Community Development f sf Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission g:/pdreporf/res/M-2004-03 dEnial re"doc rl-~ CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TM-20O4-04, M-2004-O3, EA-20O4-06 Agenda Date: June 28, 2004 Applicant: Hunter Storm Property Location: Southwest corner of Rodrigues Avenue and Torre Avenue. Application Summary: Tentative Map to vest an approved tentative map (TM-2002-02) and to create 20 office condominiums in an existing office building on Lot 5. Modification to a Use Permit to allow the conversion of an existing two-story office building into office condominiums. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Recommend approval of a Negative Declaration, based on file no. EA-2004-06; 2. Recommend approval of a Vesting Tentative Map, file no. TM-2004-02, based on the model resolution; 3. Recommend denial of a Use Permit Amendment, file no. M-2004-03, based on the model resolution. BACKGROUND: Civic Park Master Plan The City Council approved the Civic Park Master Plan on May 19, 2003, which consisted of the following: Civic Park Master Plan New Office New Commercial New Residential Existing Office Area to Remain Park 141,850 sf. 19,135 sf. 142 units 123,695 sf. 1 acre 3 bldgs 2 bldgs 2 bldgs The applicant is in the process of constructing Phase 1 and is in the process of getting approvals for Phases 2 and 3. Lot 5 - Office Building Lot 5 consists of an existing two-story 30,252 sq. ft. office building in the southern section of the Master Plan Area. 11-7 TM-2004-04, M-2004-03 Page 2 June 28, 2004 DISCUSSION: Vesting Typically, a development approval expires after two years uIÙess the project becomes vested, Due to the scale of the Civic Park Master Plan, the City Council approval allowed a seven-year period before the entitlement expires. UIÙess the applicant requests an extension from the City Council, the Master Plan entitlement will expire on May 19, 2010. The City Council approval stated that after the Master Plan Use Permit expires, oIÙY buildings that have received building permits shall be considered vested. Any other building will have to file for a new Use Permit. Due to the language in the condition, staff considers Phase 1 to be vested, but all subsequent phases are not. The vesting map will lock in the entitlements for the entire Master Plan. Staff supports the applicant's request for a vesting map. Lot 5 - Office Building The applicant proposes to subdivide an existing, two-story office building into 20 condominiums. This would allow tenants to own their own office space, while sharing in the cost of the maintenance of the building. Staff opposes this subdivision for the following reasons: 1. Fragmented Ownership Staff believes it is bad public policy to allow an older office building to be subdivided and sold to multiple owners. Such an action would severely limit the future possibility of renovation or redevelopment. Generally, once such a subdivision is approved, the property is likely to remain in its current state indefinitely. The office building in question is located adjacent to the primary vehicular entrance to the Civic Park Master Plan Area from De Anza Boulevard. In the long term, the possibility of redevelopment for this property with the others fronting De Anza Boulevard could be high if the Civic Park project is successful. Staff envisions a two- story mixed commercial and residential building on Lots 4 and 5, which will frame the vehicular entryway to Civic Park. 2. Precedent The primary reason for the applicant's request is financial. Twenty individual condominium offices will provide the applicant will more capital than selling the building as a single unit. There are other older office buildings whose owners would be interested in subdividing. Approval of this subdivision would set a precedent. (1-% TM-2004-04, M-2004-03 Page 3 June 28, 2004 Alternative If the Commission supports the applicant's application for the condominium subdivision, then staff recommends conditions that require the project site be upgraded to extend the life of the building, including, but not limited to: 1. Refacing the exterior walls of the building; 2. Detailing of the exterior windows, entries, etc.; 3. Expanding landscape areas throughout the site, for aesthetics and to improve permeability; 4. Substantially improving landscaping along the north side of the property, matching the style of the rest of the Civic Park area. 5. Upgrading the site for ADA accessibility (if not already accessible); Model resolutions are provided for the following scenarios: 1. Approval of the vesting map (TM-2004-04) and denial of the condominium approval (M-2004-03). 2. Approval of the vesting map and approval of the condominium approval with the conditions listed above. Enclosures: Model Resolution (TM-2004-04 - vesting approval) Model Resolution (TM-2004-O4 - vesting and condominium approval) Model Resolution (M-2004-03 - denial) Model Resolution (M-2004-03 - approval) Plan Sets Prepared by: Peter Gilli, Senior Planner c::::::' . Approved by: Steve Piasecki, Director of Community Developmen~ (1- ~ CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE June 9, 2004 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on June 9, 2004. PROTECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: TM-2004-04, M-2004-O3 (EA-2004-06) Deke Hunter 20410 Rodrigues Avenue; 20366-20370 Torre Avenue; 10440 De Anza Blvd. DISCRETIONARY ACTION REOUEST Tentative Map to vest an approved tentative map (TM-2002-02) and to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development). Modification to allow the conversion of an existing two-story office building into office condominiums. FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE Review Committee recommends the granting of a Negative at the project is consistent with the General Plan and has no ntal impacts. Steve Piasecki Director of Community Development g/ erc/REC EA-20O4-06 ( 1-/0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department CUPErQ1NO PROJECT DESCRIPTION: Project Title: Tentative Map and Use Permit Modification Project Location: South side of Rodriaues Ave between De Anza Blvd and Torre Ave Project Description: Tentative map to vest an approved tentative map (TM-2002-02) and to create 20 office condominiums in an existina office buildina on Lot 5 (Civic Park development) and a modification to a previouslv approved Use Permit to allow the condominium conversion. Environmental Setting: The site is located in an urban area in the City of Cupertino, which lies alone the western edae of the Santa Clara Valley. The topoaraphy of the site is aenerally flat and has been previously developed with office uses. Existina buildinas on the proiect site are one to three stories in heiaht. Nearby buildinas are also one to three stories in heiaht. Mature landscapina and trees are present. The proposed tentative map includes two distinct projects: 1. The vesting of a previously approved Tentative Map that was part of a Master Plan. 2. The conversion of an existing two-story office building into 20 condominiums and a common lot at 10430 S. De Anza Blvd. The previously approved Tentative Map has an approved Negative Declaration based on EA-2002-14 for the Civic Park Master Plan (attached). The vesting does not change any aspect of the previous Negative Declaration and there will be no further analysis of this project. This analysis will focus on the conversion of the office building into condominium spaces, which was not analyzed with the Master Plan. Site Area (ac.) - 1.4 acres Exist. Building - 30.250 s,f. Proposed Bldg. - 30250 s,f. Zone - P(Com/Off/Res) G.P. Designation - Commercial Office. Residential Assessor's Parcel No. - 369-40-015 Applicable Special Area Plans: (Check) 0 Monta Vista Design Guidelines 0 N. De Anza Conceptual x 0 S. De Anza Conceptual S. Sara-Sunny Conceptual x Stevens Crk Blvd. Conceptual 0 Stevens Creek Blvd. SW & Landscape Parking Required J1L Parking Provided 119 on site (shared aareement for remainder) Project Site is Within Cupertino Urban Service Area - YES x NO 0 II-II A. CUPERTINO GENERAL PLAN SOURCES j. land Use ~\ement 2. Public Safety Element 3. Housing Element 4. Transportation Element 5, Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9, City Ridgellne Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance C, CITY AGENCIES Site 19, Community Development Dept. LIst 20, Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility E. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health EVALUATION OF ENVIRONMENTAL IMPACTS: ISSUES: [and Supporting Information Sources] I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,441 c) Substantially degrade the existing visual character or quality of the site and its surroundings? [1,17,19.44] d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? [1,16,441 D, OUTSIDE AGENCIES (Continued) 2B. Midpeninsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32, Santa Ciara County Fire Department 33. County Sheriff 34, CALTRANS 35. County Transportation Agency 36. Santa Clara Valley Water District F. OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood Maps/SCVWD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site . 43. CaJEPA Hazardous Waste and Substances Site G. OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series >0,- -I: -ra- .!!! u u ~!Eg Q) I: E Õ .21- 11.1/) I:~ I:~ ~ ~ .2 E I-~;¡õio g¡ï:j,2IE- ~.21 ~8 I/) .: ül 0 ra zc. .ê I:~ ~~ü I-~ra ",'- c. '" C E Q) .21- ..JI/) 0 0 0 Å’I 0 0 0 Å’I 0 0 0 Å’I 0 0 0 Å’I 1\-/2- 1111. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the I following determinations. Would the project: I a) Conflict with or obstruct implementation of the applicable air quality plan? [5,37,42,44] r b) Violate any air quality standard or I contribute substantially to an existing or , projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net increase of any criteria pollutant for which i the project region is non-attainment under an I applicable federal or state ambient air quality I standard (including releasing emissions i which exceed quantitative thresholds for i ozone precursors)? [4,37,441 ISSU~S: [and Supporting Information Sources] II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] ¡ d) Expose sensitive receptors to substantial i pollutant concentrations? [4,37,44] >"'" - c ~~tí ...- r:I 5i ~ ~ Õ .2'- Q.en 0 0 0 0 0 0 0 cë c:8 CIS CIS 0 CIS .c u .c .- .. t-.-...1a 0 :J: ~ .¡: .2' e- j.2' ~ 8 en -= 0 0 0 0 0 0 0 æ~.... .cuu t-.- r:I en~Q. en C E CI> .2'- ...Jen 0 0 0 0 0 0 0 tí 0 r:I zQ. .§ Å’J Å’J Å’J Å’J Å’J Å’J Å’J 1\-13 ISSUES: [and Supporting Information Sources] ;.,- -c -IV- ,Å“ 0 CJ "E:!!: ~ Q C E õ.!2I- D..tn I e) Create objectionable odors affecting a 0 I substantial number of people? [4,37,44] I ! IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other means? [20,36,441 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,411 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in 0 0 0 0 0 0 0 C"E: c.2 nllV oiã .c: O.c: 0- '" I-..,-~o ~ ï: .~ ,21 E- ~.!21 ;g 8 tn "".= 0 0 0 0 0 0 0 0 C"E: IV IV'" .cOO l-..,nI I/) .- C. I/) C E "'.21- -Itn 0 0 0 0 0 0 0 0 - 0 0 nI zc. É Å’J Å’J Å’J Å’J Å’J Å’J Å’J Å’J II-~~ ISSUES: [and Supporting Information Sources] I the significance of a historical resource as I defined in §15064.5? [5,13,41] II' b) Cause a substantial adverse change in the significance of an archaeological 1 resource pursuant to §15064.5? [5,13.411 [I c) Directly or indirectly destroy a unique paleontological resource or site or unique I geologic feature? [5,13.41] d) Disturb any human remains, including those interred outside of formal cemeteries? [1,5] VI, GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential I substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14.44] Ii) Strong seismic ground shaking? [2,5,10.44] iii) Seismic-related ground failure, including liquefaction? [2,5,10,39.44] iv) landslides? [2,5,10,39.44] I b) Result in substantial soil erosion or the 1 loss of topsoil? [2,5,10.44] c) Be located on a geologic unit or soil thaI is unstable, or that would become unstable as a result of the project, and potentially result I in on- or off-site landslide, lateral spreading, II subsidence, liquefaction or collapse? [2,5,10,391 I d) Be located on expansive soil, as defined i in Table 18-1-B of the Uniform Building Code I (1997), creating substantial risks to life or i property? [2,5,10] >"'" - c -nJ"" ,~ tJ () ~!E~ '" c Ë õ CI- c.c;; 0 0 0 0 0 0 0 0 0 0 c ~ c ~ III nJ 0 nJ .I: tJ .c .- .. I-¡;:...."¡O :¡¡ ï: '¡ .21 e- ~.!2' :i 8 (f -= 0 0 0 0 0 0 0 0 0 0 c~ IIInJ"" .l:tJtJ l-¡;:tIS U)'- c. U) C E ",.21- ....I(f 0 0 0 0 0 0 0 0 0 0 .... () 0 tIS zc. .§ I Å’1 I I Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 {(-{ 5" ISSUES: [and Supporting Information Sources] »... - I: -Rl'" ,Å’ 0 fJ ë:e~ ( ) I: E Õ ,21- D..t/) 0 1:1: 1::8 III RI 0 RI .cO.l:'-~ I-¡¡::...'I;;o !:! ï: ii .21 e- ~.21 ~ 8 t/) .E e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,441 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,431 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:1: RI""" .cOU ';:e[ I I: E ( ) .21- ....It/) 0 0 0 0 0 0 0 0 0 ... fJ 0 co zc. .E Å’J Å’J Å’J Å’J Å’J Å’J Å’J Å’J Å’J {I-Ih ISSUES: [and Supporting Information Sources] :-,- -I: -1U"" .~ u u ë!E ~ 11> I: E õ.!2I- Q.II) I: ë I:~ IU IU 0 IU .c: U.t:.'- ... I-c¡:-'lão ~ ï: .~ .21 e- ~.!2I ~ 8 II) .E significant risk of loss. injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? [20,36,37] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water quality? [20,36,37] g) Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood II Hazard Boundary or Flood Insurance Rate I Map or other flood hazard delineation map? , [2,38] h) Place within a 1 OO-year flood hazard area structures which would impede or redirect , flood flows? [2,381 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] I j) Inundation by seiche, tsunami, or I mudflow? [2,36,38] 0 0 0 0 0 0 0 0 I IX. LAND USE AND PLANNING - Would the project: , I 0 0 0 0 0 0 0 0 I:ë lUlU"" .c:uU ';!E[ II) I: E 11>.21- ....III) 0 0 0 0 0 0 0 0 .... U 0 co zc. .Ë Å’I Å’I Å’I Å’I Å’I Å’I I Å’I I I I I Å’I 1\-/7 : ISSUES: ¡ [and Supporting Information Sources] I I I a) Physically divide an established I community? [7,12,22,411 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] I' c) Conflict with any applicable habitat conservation plan or natural community conservation plan? [1,5,6,9,26] X, MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to ¡I the region and the residents of the state? [5,10] I¡ b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of I excessive groundborne vibration or ground borne noise levels? [8,18,44] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land >'" - c: -1U" ,~ U U <:!E~ a> c: E Õ .21- ~t/) 0 0 0 0 0 0 0 0 0 0 c:ë c:~ lUlU 0 IU .c U.t: ,- .. I-¡¡::..'I;\o :¡¡ ï: ';i ,21 e- ~.2I ~ 8 t/) .E 0 0 0 0 0 0 0 0 0 0 c:ë lUlU" .cUU I-¡¡::IU ..'- CI. .. c: E a> ,21- ....It/) 0 0 0 0 0 0 0 0 0 0 .. U 0 as zCl. .§ Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 I Å’1 I I I I I Å’1 Å’1 Å’1 (I-I ~ ISSUES: [and Supporting Information Sources] use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,441 If) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,181 >.- - <: -ns- .!!! u u i:!Eg ( ) <: E Õ .2'- D.t/) 0 <:1: <::8 ns ns 0 ns ¡:.~.s¡ 5 I/) :!: 'i CI c. :g§, :es ..Jiij :EË 0 XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? [3,16,44] XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or I other performance objectives for any of the i public services: Fire protection? [19,32,44] Police prolection? [33,44] Schools? [29,30,44] Parks? [5,17,19,21,26,27,44] Other public facilities? [19,20,44] 0 0 0 0 0 0 0 0 0 0 0 0 D D D D æ~- .cuu ~.- ns I/):!: c. II) I: E ( ) .2'- ..Jt/) 0 D D 0 D D 0 D D - u 0 ns zc. .§ Å’J Å’J Å’J Å’J Å’J Å’J , Å’J i Å’J Å’J i /1-/ <] ISSUES: [and Supporting Information Sources] i XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5.17.19.21,26,27,44] b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] 1 XV. TRANSPORTATIONITRAFFIC-- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] 'I c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] I d) Substantially increase hazards due to a , design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e,g" farm equipment)? [20,35,44] e) Result in inadequate emergency access? [2,19,32,33,44] f) Result in inadequate parking capacity? [17,44] g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] :-"'" - I: -.".... .~ (,) (,) ~!t: ~ 4> I: E Õ CI- Il.iñ 0 0 0 0 0 0 0 0 0 I: 1: I: :8 III." 0 III .c (,) .c:: .- .. 1-.-... 'Iã 0 ::¡ ~'¡.5!' e- j.~ ~ 8 en .E 0 0 0 0 0 0 0 0 0 1:1: III."... .c (,) (,) I-c::ft! 111'- Q. III C E 4>.~- .....100 0 0 0 0 0 0 0 0 0 .... (,) 0 ft! z.§: Å’J Å’J Å’J Å’J Å’J Å’J Å’J Å’J Å’J (f ~ J-O ISSUES: [and Supporting Information Sources] j XVI. UTILITIES AND SERVICE SYSTEMS - ! Would the project: I a) Exceed wastewater treatment i requirements of the applicable Regional I Water Quality Control Board? [5,22,28,36,44] [b) Require or result in the construction of new water or wastewater treatment facilities I or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] I e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? [?] I g) Comply with federal, state, and local statutes and regulations related to solid i waste? [?] »- -c -111- ~.~ ~ t::~ Ä Cl>cË õ .2'- a..rn 0 0 0 0 0 0 c ë c ~ III III 0 III J:: tJ J:: .- ... 1-.-..1Uo g¡ ~ .~ .2' 2- ~.2' ~ 8 rn .E 0 0 0 0 0 0 æ~- J::tJtJ I- ,- IV en ~ 00 en c E CI> .2'- ....IV) 0 0 0 0 0 0 - tJ 0 IV zOo .E Å’1 Å’1 Å’1 Å’1 Å’1 Å’1 I II -.2/ XVII. MANDATORY FINDINGS OF SIGNIFICANCE (To be completed by City Staff) a) Does the project have the potential to 0 0 0 Å’I degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are 0 0 0 IRJ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 c) Does the project have environmental 0 0 0 IRJ effects which will cause substantial adverse I effects on human beings, either directly or i indirectly? 0 PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. . -~ ÂdL Preparer's Signature r'l.h.A . Print Preparer's Name Peter Gill;' Senior Planner (( -1.2-- ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, D Aesthetics D Agriculture Resources D Air Quality D Biological Resources D Cultural Resources D Geology /Soils D Hazards & Hazardous D Hydrology I Water D Land Use / Planning Materials Quality D Mineral Resources D Noise D Population / Housing D Public Services D Recreation D Transportation/Traffic D Utilities / Service D Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: Å’J The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D D The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the roposed proj ct, nothing further is required. q (¡I.-j Date ðvN1- q, WDtf Date 11~,23 SUITE NO. 100 110 120 130 140 150 160 170 175 185 195 AREA 1.042 SF 624 SF 1,244 SF 1,225 SF 780 SF 412 SF 1,200 SF 379 SF 1,672 SF 1,473 SF 460 SF LEGEND COMMON AREA: CJ TOTAL TENANT AREA GROSS FIRST FLOOR AREA: 4.518 SF 10.511 SF 15,029 SF ~.._.._.. , I I I I I I I ~-------- I I I ------(--- ---------- f--- --~ SUITE 1.95 I: I 'I' ~~ : ~ r".J : J SUITE 165 , I - - - - - 1473 SF I . I , I , I I , I I , ---..-¡ , --~--..-j , . I . . I I . I SUITE 100 1042 SF SUITE 175 1672 SF SUITE 110 624 SF r-..-oo-.. . I I I , I I I ! roo I . ~oo-oo--.i I I I SUITE 130 'SUITE I 1225 SF ¡ 780 SF ~ -------- ---~ - ------- SUITE 120 1244 SF SUITE 160 1200 SF . . ~~~} s~H~~,~~"~ CUPERTINO TOWN CENTER FIRST FLOOR PROPERTY PLAN 10430 S. DE ANZA BLVD. CUPERTINO, CALIFORNIA #' 1\ SUITE NO, 200 210 220 230 260 270 275 280 290 AREA 1,227 SF 2,426 SF 823 SF 2,174 SF 1,713SF 1,528 SF 386 SF 505 SF 1,941 SF LEGEND COMMON AREA: [] 2,500 SF TOTAL TENANT AREA 12,723 SF GROSS SECOND FLOOR AREA: 15,223 SF ~-----ï -r-.-------------'--.--.'-' : L.----.---- ¡ ~ L.-l , ' : I , " SUITE 260 , " , SUITE 230 1713 SF , 2174 SF ' : ' SUITE 270 : : , , 1528 SF , , " " : ' ~ n - n - . - ----ff',I,...,..f,...,-,',',.."..,.,...l,"".",.,....,.,',.,""-,',',.,..,.,......J,:,i," 'CD?:,*, .'?". ~"j¿,d,"..,.:,/,..".',.".',' , ',,"',"',' ',",',',',,', r-, -- ~: .. ~ : '4( i:i 'i' , "þ.'~""""- 386 SF , "",',, "',,,,' :.." ~', , SUITE 220 :'.""""""i',',i,""'.',,,.," .,.",',i,'i""""'",,',,~,,"/,',:, .",:'",.'"..'",'.:,'.,'-",-,,."-, ..~.,21,',-":._._-, -.1' , 823 SF ,.::," '.. '. i."! 'I I':, ::- C SUITE 280 kit ""roro"""""",;f:; 505 SF : , ---_._-J--7" ^ -' t- --I '------' I, : /""'- " _.~--_.. , ',-,'" , . , ' '- ,"" / . 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I r " ¡" ~. .1~~T--~-;}- TREE LEGEND TREE NO- SPECIES 216 Li uidombar 217 Li uidombar 218 Li uidombor 219 Li uidambor 220 Li uidambar 221 Li uidambar 222 Ja onese moole 223 Everoreen oeor 224 E"er~reen ;"ear 225 Fver~,øøn ;""nr 226 Podoe"rnus 227 Pndoeor;"us 228 Podoeo,;"us 229 podoeor;"us I 230 Plum 231 Plum 232 podoeornus 233 Podoeornus 234 podoeornus 235 Movtens 236 Podoeornus 237 Evør~reen -;:;ear 238 Ever~reen ;"enr 239 E"er~reen ;"ear 240 Coast live oak (~ EXISTING TREES, SEE TREE 'J LEGEND FOR SPECIES 111 SHRUBS ~C~~~~,~ CUPERTINO TOWN CENTER TREE SURVEY PLAN 10430 S. DE ANZA BLVD. CUPERTINO, CALI FORNIA City Hal! 10300 Torre Avenue Cupertino, CA 950]4-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 CITY OF CUPEIQ1NO DEPARTMENT OF ADMIN]STRATIVE SERVICES SUMMARY Agenda Item No, I :L Meeting Date: July 6, 2004 SUBJECT AND ISSUE Adopt a Resolution authorizing the City Manager to make future adjustments to Park and Recreation fees. BACKGROUND All user fees are reviewed each year in conjunction with the preparation of the budget. Our goal is to ensure that, to the extent possible, fees cover the cost of providing services, or are competitive to market. In the case of development and general governmental services, fees are established to mirror the General Fund costs (or pre-determined portion of the costs) of providing these services. Within the City's Enterprise funds, fees are set for a vast array of entrepreneurial programs on a basis of factors that go well beyond the cost of services. The factors include such variables as market conditions, competitive sources, and budgetary considerations. In establishing fees for the fiscal year beginning July 1,2004 changes were proposed and approved for many City programs and funds. In order to maintain flexibility in an environment of changing market conditions and respond more quickly to the revenue requirements of our enterprise programs, it is proposed that the Council delegate the task of authorizing further fee adjustments to the City Manager. Such authorization would allow the City to respond more quickly to the variable factors that dictate minor fee changes, or adjustments that correspond to changes made as part of the budget process. For example, Council adopted fee increases at their April 19th and June 21" meetings including an increase in golf course fees of $1 per round. Staff is proposing that the 1 O-day pass fee also be increased to be consistent with the above adjustment. The attached resolution would allow the City Manager to authorize this and other Enterprise Fund fee changes as they become necessary or beneficial. RECOMMENDATION: Staff recommends the adoption of the attached resolution authorizing the City Manager to make future adjustments to Park and Recreation fees. Submitted by: Approved for submission: fhLQf O~!l k:J ~ Carol Augustine Finance Manager ~ David W. Knapp City Manager Printed on Recycted Paper 1.1-[ RESOLUTION NO: 04-350 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO MAKE FUTURE ADJUSTMENTS TO PARK AND RECREATION FEES WHEREAS, it is the goal ofthe City to insure that, to the extent possible, fees cover the cost of providing services, and/or are competitive with market prices; WHEREAS, within the City's Enterprise funds, fees are set for a large array of entrepreneurial programs using variables such as market conditions, competitive sources, and budgetary considerations; WHEREAS, quick responses are necessary to meet changing conditions and to address the revenue requirements of Enterprise programs NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to make future adjustments to Park and Recreation Fees. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of July 2004 by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /.2-1- City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX: (408) 777-3109 HUMAN RESOURCES SUMMARY Agenda Item No. 13 Meeting Date: July 06, 2004 SUBJECT AND ISSUE Approve fiscal year 2004/05 tenus and conditions of employment for the bargaining unit represented by Operating Engineers, Local Union No.3 (OE3). BACKGROUND The City and OE3 opened negotiations in April facing severe budget constraints and sharply escalating costs for retirement and health benefits. Prior to negotiations, CaIPERS issued a 6.42% retirement cost increase for fiscal year 2004/05. Health insurance premiums rose even more sharply with 2005 HMO rates increasing by up to 23%. The City and OE3 negotiated diligently to address these challenges. After seven negotiations sessions and with the assistance of mediation, the City reached tentative agreement with OE3 on a three-year package of moderate health benefit increases offset by a 3.5% cut in employee compensation. Key tenus ofthe tentative agreement are summarized below: 3 year contract from July 1, 2004 through June 30,2007. No salary increase July 1, 2004. No salary increase July I, 2005 or July I 2006 unless compensation falls below the top six cities in Santa Clara County. Employee pays 3.5% of retirement cost fonuerly covered by the City. City to increase medical insurance contribution on January I, 2005: Employee Only = None Employee + 1 = $60 per month Employee + 2 or more = $100 per month City medical insurance increase beginning January 1,2006 & 2007: Employee Only = None Employee + 1 = $40 per month Employee + 2 or more = $40 per month Deletion of extended benefits ("me too") clause. Suspension of tuition reimbursement for one year. Discontinuation of employee coffee, plant watering service and free Eco passes. Clarification of CalPERS requirements to extend the vesting period for retiree medical benefit eligibility. f3-1 The following resolutions implement the negotiated tenus and conditions of employment: Resolution No. 04-351 amends the memorandum of understanding with OE3. Resolution No. 04-3~ fixes the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act. The resolution is required pursuant to the Meyers-Geddes legislation whenever a change occurs concerning the city's contribution for employee medical insurance. Resolution No. 04-b'53 extends the vesting schedule for retiree medical benefits as previously negotiated. FISCAL IMPACT The tentative agreement is within City Council authorization with an approximate first year cost of $77,066, or 3.1 % ofOE3 payroll. Second and third year costs will depend on any changes to CalPERS retirement costs and how the City's compensation compares to other Santa Clara County cities. No salary increases are scheduled during the next three years unless City compensation for OE3 employees falls below the top six cities in Santa Clara County. RECOMMENDATION Staff recommends that the City Council adopt Resolution Nos. 04- 351 to 04-13as described herein. Submitted by: Approved by: ~, 'Sandy Abe Human Resources Manager a~ W¿ David W. Knapp City Manager /3-õ<, (Å’RAFT] RESOLUTION NO. 04- ~51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL NO.3, AFL-CIO WHEREAS, meetings have been held over proposals concerning wages, hours, and other tenus and conditions of employment between representatives of the City and of Operating Engineers Local Union No.3, the recognized representative of the Public Works Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No.3. PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 6th day of July, 2004 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /3-3 MEMORANDUM OF UNDERSTANDING City of Cupertino and Operating Engineers Local No.3 July 1, 2004 - June 30, 2007 /3-4 Table of Contents Category Section Page Number Definitions Union Recognition 2 3 Non-Discrimination Representation Rights 4 Agency Shop City Rights 5 6 Penuanent Transfers 7 Notification of Proposed Change 8 9 Hours of Work: Overtime Compensation for Services 10 Public Employees Retirement Contribution Health and Welfare Benefits 11 12 Insurance 13 Paid Absences 14 15 Sick Leave Conversion Safety Equipment 16 17 City Sponsored Recreation Programs Training and Tuition Reimbursement 18 Temporary Disability Benefits 19 20 Disciplinary Action Layoffs 21 22 Reinstatement Grievance Procedure 23 24 Impasse Procedure 2 2 2 6 6 6 6 8 11 11 12 12 17 18 19 19 19 20 21 21 22 23 13-5 Category Section Page Number Continuation of Benefits 25 24 Separability 26 24 Ratification 27 24 Tenu 28 24 Elmwood Work Furlough Program Attachment A 26 Salary Range Attachment B 28 ii /3 -(c; MEMORANDUM OF UNDERSTANDING Between CITY OF CUPERTINO and OPERATING ENGINEERS LOCAL UNION NO.3, AFL-CIO This agreement, entered into the 1st day of July, 2004 between the official representatives of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating Engineers Local Union No.3, AFL-CIO, hereinafter referred to as "Union", sets forth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, and other tenus and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive representative. This agreement represents the entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. General Provisions SECTION 1: DEFINITIONS 1.1 Q1y - the City of Cupertino, a municipal corporation 1.2 Union - the Operating Engineers Local Union No.3 1.3 Emplovee - All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. SECTION 2: UNION RECOGNITION Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as detenuined by the Municipal Employee Relations Officer: . Equipment Mechanic . Street Lighting Worker . Maintenance Worker I . Maintenance Worker II . Maintenance Worker III 13-7 2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature perfonued by employees in the bargaining unit. SECTION 3: NON-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all employees shall have equal opportunity in employment without regard to race, religion, political affiliation, national origin, sex, handicap, sexual orientation or age. SECTION 4: REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action. 4.3 The Union may select two (2) employees from the Service Center as Union Steward. 4.4 In addition to hislher regularly assigned work, the Union Steward shall be penuitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum. 4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues or appropriate agency fee from the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. Tenuinations and other personnel changes affecting dues payment will be provided to the Union by the City. 4.6 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation. SECTION 5: AGENCY SHOP Except as provided otherwise herein, the provisions of this Section shall apply to all employees of the City in all classifications represented by the Union when on paid status, except those mutually designated classifications and mutually designated employees who are employed for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to individual employees who have been properly and finally detenuined to be management or confidential employees. 2 /3- 'õ For the tenn of this Agreement, all current and future employees of the City as described above, except as set forth below, shall, as a condition of continued employment, become and remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The service fee payment shall be established annually by the Union. 5.1 5.1.1 5.1.2 5.2 5.2.1 5.2.2 5.2.3 Employee Rights The City and the Union recognize the right of employees to fonn, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to fonn, join, and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights. Accordingly, membership in the Union shall not be compulsory. An employee has the right to choose, either; to become a member of the Union; or, to pay to the Union a fee for representation services; or, to refrain from either of the above courses of action upon the grounds set forth in Section 5.6 below. Employee Selection Any regular employee, must, within thirty (30) days of their employment with the City, submit to the City either a signed authorization to deduct dues as a member of the Union; or, sign and deliver to the City a written assignment authorizing deduction of the properly established agency fee as defined in Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this MOU. Upon receipt of the duly completed authorization, the City will deduct from the pay of the employee and pay to the Union the nonnal and regular monthly fee. If the employee is granted an exception from these fees based on a religious exception as explained in Section 5.6 below, the employee must designate a charity from Section 5.6.2 to which the appropriate amount will be paid through payroll deduction. If a person fails to make any of the designations set forth above within the thirty (30) day period, they will be given notice by the City that the Agency Fee deduction will be made beginning with the first full pay period following the expiration of the thirty (30) day period. The City and the Union agree that the Agency Fee shall be paid in exchange for representation services necessarily perfonned by the Union in it's capacity as exclusive bargaining agent and in confonnance with it's duty of fair representation of said employee who is not a member ofthe Union. Any regular employee who makes a designation to pay the Agency Fee within the above thirty (30) day period may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as a member of the Union in lieu of the Agency Fee. 3 /3-q 5.2.4 5.2.5 5.3 5.3.1 5.3.2 5.4 5.5 During the last thirty (30) days of this Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No.3, any employee who is a member of the Union, may, by written notice to the Municipal Relations Officer or designee, resign such membership and change their status to the Agency Fee or exempt category in accordance with the provisions of this article. The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of its agents or employees regarding the payroll deduction of Agency Fee. Definition of Agency Fee The Agency Fee collected from non-member bargaining unit employees pursuant to Section 5.2.1 of this Memorandum of Understanding shall be limited to the Union's (local, state, and national) annual costs for representing such employees. Such amount shall be those amounts for full-time employees as are certified to the Municipal Employee Relations Officer/Human Resources Manager or designee, from time-to-time by the designated officer of the Union as the Agency Fee. The Union certifies that this "representation fee" includes only those costs actually incurred by the Union in representing employees, who are not also members of the Union, in matters specifically and directly connected with the enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union further certifies that this "representation fee" excludes all other costs, fees, and adjustments including, but not limited to: Union fines, back dues, initiation fees, or any other charge required as a condition of Union membership; any and all amounts which may be used, directly or indirectly, for political or ideological activities, any and all amounts which do not constitute costs actually incurred by the Union in representation matters specifically and directly connected with the bargaining of, enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of it's agents or employees regarding the appropriateness of the amount of any "representation fee" set forth in this Section. Exceptions The provisions of Section 5 shall not apply to non-benefited part-time employees. Financial Reporting 4 13 - 10 5.5.1 5.5.2 5.6 5.6.1 5.6.2 5.7 The Union shall submit to the City a detailed written financial report of it's financial transactions in the fonn of a balance sheet and an operating statement, certified as to accuracy by the Union's Executive Secretary. Each year such reports shall be verified and submitted in writing to the City's Human Resources Manager by the Union within 60 days of July I. The Union will provide a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker not chosen by the Union and will make provision for an escrow account to hold amounts reasonably in dispute while challenges are pending. Employees Exempted from Obligation to pay the Union Any employee shall be exempted from the requirements of Section 5.2 above if such employee is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold such objections to Union membership. Such employee shall, upon presentation of membership and historical objection satisfactorily to the City and the Union, pay the required service fee to a recognized non-profit charity. Such exempt employee shall, as outlined in Section 5.6.1 above, as an alternative to payment of an Agency Fee to the Union pay an equal amount equivalent to such Agency Fee to either: a) The United Way; b) Combined Health Agencies Drive (c.HAD.); c) Any charity jointly agreed upon by the City and the Union. Such charities cannot be affiliated in any manner with the Union, nor can such charity be related to an established religious organization. Hold Harmless The Union shall hold the City harmless and shall fully and promptly reimburse the City for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or defending against any claims against the City or any of it's agents, or employees, in connection with the interpretation, application, administration or enforcement of any section in the Memorandum of Understanding pertaining to Agency Fees. 5.8 Expiration Date of Agency Fee Provisions It is agreed and understood by the parties to this memorandum of Understanding that the provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues deduction shall not survive beyond the tenn of this Memorandum of Understanding, and shall accordingly expire at the expiration of this Memorandum, provided however that, pursuant to 5 /3-11 Govemment Code Section 3502.5, this Section 5 may be rescinded in its entirety by a majority vote of all the employees in the unit covered by this Memorandum of Understanding. It is understood and agreed that: (1) a request for such a vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and (3) such vote may be taken at any time during the tenn of this Memorandum of Understanding, but in no event shall there be more than one vote taken during such tenn. SECTION 6: CITY RIGHTS The rights of the City include, but are not limited to, the exclusive right to detennine the mission of its constituent departments, commissions and boards; set standards of services; detennine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of govemmental operations; detennine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of perfonning its work. The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union. SECTION 7: PERMANENT TRANSFERS Employees shall be notified in writing of any pennanent transfer from one division to another ten (10) working days prior to the effective date. SECTION 8: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City detennines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined 6 13-/a Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The nonnal work week shall be 40 hours in seven days with two consecutive days off. 9.2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten days prior notice. Volunteers will be sought for any change in regular work hours to a shift beginning after 9:00 a.m. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible. Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.) 9.3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 9.4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 9.5 Payment of Overtime All approved overtime work perfonned by employees shall be paid at the rate of one and one-half (1 1/2) times the nonnal rate of pay. Work perfonned on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 9.5.1 Meal Periods 7 /3-13 A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes. 9.6 Compensatorv Time Off At the employee's discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned CTO, shall be allowed to schedule CTO at the employee's discretion provided (I) that prior supervisory approval has been obtained and (2) the request is made in writing. CTO may be accrued for up to 80 hours. Any CTO earned exceeding 80 hours will be paid at the rate oftime and one-half. An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash. 9. 7 Leave Accruals An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period. SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range a. Approximate monthly salary ranges as listed on Attachment B will apply for each classification effective at the beginning of the pay period in which July 1, 2004 occurs. b. The City agrees to pay a 10% differential to employees assigned to lead responsibilities for the work furlough program. Other employees assigned to the work furlough program will receive a 5% pay differential. c. The City agrees to conduct a compensation (salary and retirement only) survey in 2005,2006 & 2007. The following Santa Clara County cities will be used in the compensation survey: Campbell Gilroy Los Altos Los Gatos Mt. View Milpitas Palo Alto Morgan Hill San Jose Santa Clara Saratoga Sunnyvale d. Comparable classifications must be found in at least six (6) cities for a benchmark classification to be considered. 8 13-14 e. The City of Cupertino will place in the top six cities in compensation (salary & retirement) as listed by the Bay Area Employee Relations Service where applicable as of 05/31/05 and 05/31/06, using comparables from Milpitas at 37.5 hours/week and Los Gatos at Parks & Maintenance Worker Trainee. Top six compensation will be based on salary and the amount each survey city pays of the employee's retirement contribution rate. Salary adjustments will be made on 07/01/05 and 07/01/06 only if the City of Cupertino falls below the top six cities in compensation as described herein. The 05/31/07 survey will be informational to be used by the parties in negotiations for a successor agreement. f. Any compensation adjustment for a benchmark classification (the two underlined classifications below) to place in the top six cities will also be provided to classifications related to the benchmark as set forth below: Equipment Mechanic Maintenance Worker I Maintenance Worker II Maintenance Worker III Street Lighting Worker 10.2 Bilingual Pay Differential a. An employee who uses bilingual skills as approved by hislher supervisor and who passes the required language proficiency testes) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. 10.3 Out-of-Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at a rate seven and one half percent greater than that of the regular position, for the number of hours so assigned. The temporary assignment shall be authorized in writing by the Supervisor or Superintendent of Public Works. No employee shall work in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 10.4 Standbv Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the following rate per 128 hours so assigned during the term ofthis agreement. 9 /3-/5' July I, 2004 - $200.00 Minimum manning and skill qualifications for standby assignment shall be detennined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time of 30 minutes or less. 10.5 Callback Pav If any employee is .called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the nonnal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and one-half (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the nonnal rate of pay. 10.6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10.7 ProbationarY Period/SalarY Advancement The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter. 10.8 Special Skills Compensation - Oualified Applicator's Certificate/Welding 1. Effective July 1, 2000 an employee possessing a valid QAC will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to tasks requiring possession of the QAC. An employee possessing a valid Certificate of Welding, qualified in mild steel, pipe, stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to perfonn welding on the following "public liability" and/or "public safety" tasks. a. Playground equipment b. Trailer hitches c. Trailers d. Welding and installing cranes e. Water tanks f. Other welding tasks assigned 10 /3-/ro 2. Special Skills Compensation- Assigned Use of Class B Driver's License An employee is eligible to receive a five percent (5%) premium pay when assigned to operate/drive a vehicle requiring a commercial Class B driver's license. 10.9 Flexible Staffing - Maintenance Worker I/II An employee shall be eligible to advance from Maintenance Worker I to Maintenance Worker II after one year of satisfactory service at the maximum salary step of Maintenance Worker I and with the recommendation of the department head. Maintenance Worker Trainees hired after 07/01/1999 are eligible to advance from Maintenance Worker I after successful completion of step 4, to Maintenance Worker II, step 4. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION Beginning the first pay period in which July 1, 2004 falls, the City agrees to pay one- half (50%) of the employee's contribution rate to the Public Employees Retirement System not to exceed 3.5% of applicable salary. The City will pay the employer's contribution of the retirement cost which is increasing by 6.42% in fiscal year 2004/05. SECTION 12: HEALTH AND WELFARE BENEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the tenn of this agreement. 11 /3-/7 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. An employee may elect to have excess medical continued as deferred compensation at the employee's discretion. SECTION 13: INSURANCE 13.1 Long Tenn Disabilitv The City shall provide Long Tenn Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 13.2 Life Insurance The City shall provide life insurance and accidental death and dismembennent coverage for each employee in the amount of five times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 13.3 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a cost of$13.74 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidavs The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 12 13-lr 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non- work day. Nothing contained herein shall preclude the right of the department head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 14.1.1 HolidavPav In order for an employee to receive hislher regular pay for a holiday or designated non- work day, work must be perfonned on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short tenn leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 Floating Holidav Leave In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. Each pay period an employee will be credited with .77 hours of holiday leave. Holiday leave may be accumulated up to 40 hours. 14.3 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a nonnal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval. 13 13-/9 Upon tennination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Represented employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the following conditions: I. The employee must have accrued vacation of at least 120 hours. 2. Any payments made for unused vacation will be subj ect to all appropriate taxes. 3. Minimum exchange will be 8 hours, maximum exchange will be 80 hours. 4. All changes are irrevocable. 14.3.1 Vacation Accrual Rate Benefited full-time employee's accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Hrs of Accrual Per Pav Annual Accruals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 -14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. 14.3.2 Full vacation leave shall be taken at one time by anyone employee whenever possible. The time during the calendar year at which an employee shall take hislher vacation shall be detennined with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the department head. 14.3.3 On tennination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time oftennination or at the start of said leave of absence. 14.3.4 The accrual of vacation credits for those employees whose nonnal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the nonnal work week. 14.4 Sick Leave 14 /3 -dO All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would nonnally work in one day or the equivalent without limit on accumulation. Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half (1/2) hour increments. 14.5 SICK LEAVE VERIFICATION A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other fonn of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. 14.6 Personal Leave The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies. 14.7 Bereavement Leave Employees shall be granted paid bereavement leave not to exceed a total of 24 hours upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, children, step-children, domestic partner, grandparent, grandchildren, mother-in-law and father-in-law. 14.8 Militarv Leave Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to detennine when such leave shall be taken. 14.9 Pregnancv Disabilitv Leave A pregnant employee is entitled to up to four months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary 15 f3-é)./ disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than 4 weeks) before the date she expects to take the leave and the estimated duration of the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. 14.10 Adoption Leave Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. 14.12 Catastrophic Leave 1. The City's catastrophic leave committee will establish a definition of catastrophic or life-threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from their physician to detennine the applicant does suffer a catastrophic or life-threatening illness. 2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. 16 15 -~~ 3. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application fonn together with supporting medical documentation to the Personnel Officer when applying for funds. 4. A recipient must have used all of their available leave hours before he/she is eligible. 5. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). 14.13 FamilvLeave The City of Cupertino will comply with State and Federal Family Leave Laws. SECTION 15: SICK LEAVE CONVERSION 15.1 Sick Leave is not vested under California statutory law. 15.2 At the time of tennination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate averaged over the immediate past 60 complete months of employment multiplied by the total number of non-vested hours. 15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least 60 calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the department head. 17 J 3-d:) c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been pennitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be pennitted for regularly accrued vacation time. d. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subj ect to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the following amount to employees for the purchase of steel toed safety shoes and rain gear during the tenn of this agreement: July 1, 2004 - 400.00 The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while perfonning assigned tasks. The city will provide to the employee the following: hard hat, safety glasses, ear protection, gloves, chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or unifonn shirts (11), sweatshirts, orange safety jacket (1 jacket every other year), and rain boots. The city will continue to provide and launder shirts or overalls, which shall be worn while carrying out the duties of the city. It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment. Hard hats must be worn when work perfonned by an employee is equal to, or above his/her eye level. 18 /3-éJ.L/ Steel toed safety shoes must be worn at all times during the workday. For new employees, the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30). Any employee who, for whatever reason, tenninates his/her employment with the City before the beginning of the next fiscal year, shall return to the City the prorated value of said safety equipment allowance. SECTION 17: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 18: TRAINING AND TUITION REIMBURSEMENT Tuition reimbursement, as described below, is suspended for fiscal year 2004/05. It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program. A copy of the supervisor & superintendent's recommendation to the department head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the department head for approval or denial. Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement. However, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the program. 18.1 Service Center Safetv/Training Committee The City and the Union agree to fonn a committee to jointly develop a safety/training program to include, but not limited to: CPR, first aid, safe work habits and emergency response roles. The City shall have two members and the Union shall have one member from each Service Center Bureau. SECTION 19: TEMPORARY DISABILITY BENEFITS 19 /3-é)5 Any employee sustaining an injury arising out of, or in the course of, the perfonnance of his job and who cannot work at the duties and responsibilities nonnally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 19.1 Use of Sick Leave to Supplement Temporary Disabilitv Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly rate into the amount that the employee would have received in industrial injury pay. SECTION 20: DISCIPLINARY ACTION The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and tennination. When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property rights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works. A written notice from the Director of Public Works to the employee at least five days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: a. effective date and time of the proposed action b. the alleged reason for the proposed action c. the acts or omission which support the allegation d. the materials upon which the allegation(s) are based and access to any other related items e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee's right of appeal 20 /3-dlP f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is understood that an employee's request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be five (5) days from the Director's response. SECTION 21: LAYOFF PROCEDURE The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. Part-time employees shall be released from City service prior to any layoff of regular, full-time employees in the same classification. Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date ofthe appointment to the classification. If an employee separates from City employment for a period of more than 30 days, the time off from City employment shall be deducted from an employee's length of service for the purpose of determining seniority. Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section. The City will provide a 30 day notice to any employees identified for layoff. Such notice will include the employee's rights to placement in a lower classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end ofthe month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense. The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten (10) business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 22: REINSTATEMENT 21 13-d. 7 With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment. SECTION 23: GRIEVANCE PROCEDURES Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (5) calendar days after such presentation. Step 2: If the grievance is not settled in Step I and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within five (5) calendar days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within five (5) calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's department head within five (5) calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The department head shall discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. Ifno settlement is reached, the department head shall give the City's written answer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. 22 /?;- ¿;J r I) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notified of his /her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. 5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions ofthis Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to detennine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. SECTION 24: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code (Section 2.52.410), shall apply in the event the parties are unable to resolve and impasse satisfactorily: 24.1 Impasses A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 23 /3-c9D¡ 1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the issue. 2. A detennination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: a) To pennit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half of the City and one-half by the employee organization or employee organizations. SECTION 25: CONTINUATION OF BENEFITS All tenus and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 26: SEPARABILITY In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any govemment agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 27: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Union following signing of this memorandum by the parties until it has been ratified by the Union's membership and presented and approved by the City Council ofthe City. SECTION 28: TERM 24 /3- 30 This agreement shall be effectively commencing at 12:01 a.m. July 1,2004 and ending at 11 :59 p.m. June 30, 2007. OPERATING ENGINEERS LOCAL UNION No.3 CITY OF CUPERTINO Brian W. Gathers David W. Knapp Karl L. Olsen Carol A. Atwood Cindy Martinez Sandy Abe Marc A. LaBrie Richard S. Whitmore Bob Highbaugh Date: Date: Reviewed by City Attorney Date: Charles T. Kilian 25 13-6 ) Attachment A Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perfonn clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 1999 may be required to participate in the Elmwood Work Furlough Program (EWFP). 2. Participation by employees hired prior to January 1, 1999 will be on a voluntary basis. Participation: 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Leader will be assigned as necessary to the EWFP. 3. Employees will be provided ten (10) calendar days notice prior to pennanent assignment with the EWFP. 4. With the exception of volunteers, employees with the least seniority who have received EWFP training will be assigned within 30 days of the completion of training to participate as staffing is required. Compensation: I. Administrative Crew Leader ~ 10% above base pay. 2. Assistant Crew Leader - 5% above base pay. Responsibility: The following responsibilities/tasks are assigned to participants in the EWFP. 1. Administrative Crew Leader a. Knowledge ofEWFP policies, rules, and regulations. b. Daily administrative of the EWFP. c. Assignment of inmates consistent with direction of the Supervisor. d. Conduct an 8:00 a.m. roll call at the beginning of each day. e. Notify Elmwood if an inmate does not arrive on time. responsible Public Works 26 /3-3êA f. Assign tools and safety equipment to inmates. g. Supervise inmates consistent with the provisions Manual". h. Conduct a 4:00 p.m. roll call at the end of each day. of the "Satellite Crew Supervisor An Administrative Crew Leader will not perfonn manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. Knowledge ofEWFP policies, rules, and regulations. b. Supervise inmates consistent with the provisions of the "Satellite Manual". c. Contact the Administrative Crew Leader concerning EWFP issues. d. Lock and secure Corporation Yard at the end of the day. Crew Supervisor An Assistant Crew Leader will not perfonn manual work that will distract from fully monitoring the EWFP crew. Liability: An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while perfonning duties within the scope of his /her job. 27 13-33 SECTION 10.IA: APPROX. MONTHLY SALARY RANGES ATTACHMENT B Classification Step 1 Step 2 Step 3 Step 4 Step 5 Equipment Mechanic $4,384 $4,603 $4,834 $5,075 $5,328 Maintenance Worker I $3,573 $3,752 $3,940 $4,138 $4,344 Maintenance Worker II $3,752 $3,940 $4,138 $4,344 $4,564 Maintenance Worker III $4,138 $4,344 $4,564 $4,792 $5,033 Street Lighting Worker $4,228 $4,440 $4,662 $4,895 $5,140 28 13-3£/ if I. - DRAFT- 11 RESOLUTION NO. 04- 35';¡' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE MEYERS-GEDDES STATE EMPLOYEES MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Meyer-Geddes State Employees' Medical and Hospital Care Act (Act) shall fix the amount of the employer's contribution at an amount not less than that required under Section 22825 ofthe Act; and WHEREAS, the City of Cupertino is a local agency contracting under the Act; NOW, THEREFORE, BE IT RESOLVED that the employer's contribution for each employee/annuitant shall be the amount necessary to pay the cost of his /her enroll- ment, including the enrollment of his /her family members, in a health plan or plans, up to a maximum as set forth herein effective January 1, 2005: Code Bargaining Unit Cost Per Month 04 Operating Engineers, Local Union No.3 (OE3) $762.50 - Employee Only Coverage $822.50 - Employee + I Coverage $862.50 - Employee + 2 or More Coverage PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 6th day of July, 2004 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /3-35 -_. RESOLUTIO;;~~~~~~~O;OO~~~~LISH ,-DRAFT A HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDERPUBLTC' -- EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT /' WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, (I) Government Code 22825.5 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act may amend its resolution to provide a post retirement vesting requirement, and (2) The City of Cupertino is a local agency contracting under the Act, and (3) The Citv of Cupertino certifies, unrepresented management and confidential employees are not represented by a bargaining unit and there is no applicable memorandum of understanding, and AND (3) The City of Cupertino certifies, certain employees are represented by bargaining units and subject to memoranda of understanding as follows: Public Works maintenance employees are represented by Operating Engineers, Local Union No.3. Miscellaneous employees are represented by the City Employees' Association. (4) The credited service for purposes of detennining the percentage of employer contributions shall mean service as defined in Section 20069, except that not less than five years of that service shall be perfonned entirely with the City of Cupertino; now, therefore be it RESOLVED, (I) That the employer's contribution for each retired employee first hired on or after the effective date of this resolution shall be as listed: CODE BARGAINING UNIT CONTRIBUTION PER MONTH Operating Engineers, Local Union No.3 City Employees' Association Unrepresented Management & Confidential The 100/90 formula The 100/90 formula The 100/90 formula plus Administrative fees and Contingency Reserve Fund, but not be more than 100 percent of the premium applicable to him or her, nor less than the 100 percent of the weighted average of the health benefits plan premiums for employees or annuitants enrolled for self alone plus 90 percent of the weighted average of the additional premiums required for enrollment of family members in the four health benefits plans that have the largest number of enrollments; and be it further less than the principles prescribed under Government Code Section 22825.5; and be it further RESOLVED, (2) That the percentage of employer contribution payable for post retirement health benefits for each retired employee shall be based on the employee's completed years of credited service based upon Government Code Section 22825.5; plus admimstrative fees and Contingency Reserve Fund assessments; and be it further VESTING ALL GROUP 07/01/04 /8-3(¡;J RESOLVED, (3) That coverage under the Act be effective on August 1. 2004. Adopted at a regular/special meeting of the at this day of Signed: (President, Chainnan, etc.) Attest: 20_. (Secretary or appropriate officer) VESTING ALL GROUP 07/01/04 J3- 37- DRAFT ORDINANCE NO. 1939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 11.08.270 RELATED TO SKATEBOARDING AND ROLLER SKATING AT THE CMC CENTER PLAZA WHEREAS, in 2003, the City Council adopted Ordinance No. 1916 to prohibit skateboarding and roller skating in the new Civic Center Plaza (City Hall, Community Hall and Library); and, WHERAS, in June of 2004, the City completed construction and opened the new Cali Mill Plaza City Park; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby ordains that Chapterll.08.270 is amended to read as follows: 11.08.270 Prohibition of skateboarding and roller skating and roller blading. It is unlawful and subject to punishment in accordance with Section 11.08.280 of this chapter, for any person utilizing or riding upon any skateboard, roller skates, roller blades or any similar device to ride or move about in or on any public property when the same property has been desiguated by the City Council and posted as a "No Skateboarding or Roller Skating Area." The following is established as a no skateboarding or roller skating area: Civic Center Plaza (City HalVLibrary). Cali Mill Plaza (City Park at southeast comer of Stevens Creek Boulevard and De Anza Boulevard), This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council ofthe City of Cupertino this 17th day of June 2004, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 6th day of July 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino IY-I DRAFT ORDINANCE NO. 1940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.100 AND CHAPTER 11,29 OF THE CUPERTINO MUNICIPAL CODE RELATED TO PARKING REGULATIONS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the Cupertino Municipal Code Section shall be amended to read as follows: Chapter 19.100 PARKING REGULATIONS 19,100.010 Purpose, The purpose of this chapter is to regulate the parking of vehicles which are unsightly, oversized, or which are detrimental to property values or the peace and enjoyment of neighboring property owners or residents and establish regulations pertaining to the design and number of off-street parking spaces for land use activities located in various zoning districts. (Ord. 1737 (part), 1996: Ord, 1601 Exh. A (part), 1992) 19.100,020 Application of regulations, A. No vehicle may be parked, stored or kept on any parcel of land within the City of Cupertino otherwise than in conformance with the provisions of this chapter. B. Buildings, structures and land uses are required to provide off-street parking in conformance with this chapter. The standards and regulations contained in this chapter regulate off-street parking for conventional zoning districts and are intended also as guidelines for development projects located in planned development (PD) zones and at congregate residences and residential care facilities. (Ord. 1737 (part), 1996: Ord. 16883 (part), 1995; Ord. 1601 Exh. A (part), 1992) 19,100.030 Regulations for parking and keeping vehicles in various zones. A. Vehicles Permitted in Residential Zones. 1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a ftont or street side yard setback area (as defined in Chapter 19.08.030 of this title) or within twelve feet of a public right-of- way in a rear yard area in all residential zones subject to the following restrictions: a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size often thousand square feet or less, a maximum of six vehicles are permitted in all other residential {)'-( Ordinance No. 1940 b. c. d. !!,f-. e. zones, unless a greater number is approved by the City in conjunction with a development plan. For purposes of counting vehicles, a camper mounted on a pickup truck is considered one vehicle and other similarly vertically stacked components which belong together shall be counted as a single vehicle. Horizontal groupings shall be counted as two vehicles; Any open vehicle containing trash or debris is prohibited; No portion of any vehicle may overhang any public right-of-way; All vehicles must be parked on an impervious or semi-pervious surface. Semi-pervious surfaces include unit pavers, turf block, brick, natural stone or cobbles and must allow for partial infiltration of water. Impervious surfaces include concrete, asphalt or any other surfaces that do not allow infiltration of water, Impervious surfaces may not exceed forty percent of the front yard area. Notwithstandin ! the above, impervious surfaces may not exceed fifty percent of the front yard area on a lot less sixty feet in width, All vehicles must be parked on an impen'ious surface consisting of concrete, asphalt or other like materials. Such impen'ious surface m~ not exceed fifty percent of the front yard sethack area, unless a greater area is aI/pr~yed b)' the City in conjunction with a development plan. The parkin ! impervious surface must be contiguous and, at a minimum, encompass the outline ofthe vehicle; All vehicles must be currently registered, where registration is required for legal operation and in good operating condition; Residential driveways connectin ! to a detached !arage or carport in the rear yard shall have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in len !th. Lots that are more than one hundred fifty feet in length shall have a minimum driveway width of twelve (12) feet connectin ! to a detached !ara !e or carport in the rear yard; In a new residential development, driveways shall have a minimum clearance of two (2) feet from a buildin ! wall, fence, or property line; Except on lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area must be parked perpendicular to the street. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the ftont or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. Owners of vehicles made nonconforming by the adoption of this section shall comply with this provision within two years of its enactment; Any commercial vehicle with a manufacturer's !ross vehicle wei !ht ratin ! often thousand pounds or more, or a total f. &. i, /)- ;¿ Ordinance No. 1940 2. 3. 4. ~ ~4-. 7,'Jr-. ~~ combination of motor truck, truck tractor aud/or trailers that exceeds sixty feet in length is not permitted. Area Outside of Front or Street Side Setback Areas. Vehicles are permitted to be placed, kept, or parked in any yard area, @xchuling tlles@ yard ar@as r@gulat@d by S@ctien 11.29.040 Al excludin2 those yard areas re2ulated by para!!raph (1) of subsection (A) of this section, provided a three-foot minimum clearance is maintained to any structure. Parking Within Structures. Vehicles are permitted to be placed, kept or parked in any legal structure, provided that no more than one required enclosed parking space is occupied by a vehicle not capable of being propelled under its own power. Enclosed !!ara!!e shall consist an internal area encompassiu2 two parkin2 spaces measurinl! ten feet by twenty feet each (a total of 20 feet by 20 feet) and shall provide unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. Tandem parkiu2 arran2ements may be approved via a Parkin!! Exception approvable by the Desi!!n Review Committee, Nonconformin2 sin2le-family dwellin!! !!ara2eS le2ally constructed accordin!! to the parkin!! re2ulations at the time of construction may continue its nonconformity provided that the square foota2e necessary to le2alize the !!ara!!e based on this section of the ordinance be reserved from the total allowable floor area ratio for a future 2ara2e uP2rade. Non-Self-Propelled Vehicles. A maximum of two vehicles not capable of being propelled under their own power are permitted to be placed, kept or parked outside a legal structure on a lot. Living or Sleeping Quarters. No vehicle shall be used for living or sleeping quarters, except as permitted below: a. Vehicles located in a mobilehome park and used consistent with any City regulations applicable to mobilehome parks are permitted; b. Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a period not to exceed seventy-two hours where the trailer, camper or recreational vehicle is located on the resident's property. Mobilehomes. Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as 1)- 3 Ordinance No. 1940 B. provided by State law. Vehicles Permitted in Nonresidential Zones. 1. Parking must be consistent with allowed uses in the zone. It is unlawful for any person to place, keep or maintain or permit to be placed, kept or maintained, any vehicle upon any lot, place or parcel of land within the nonresidential zones of the City, except for storage, sale or business use as permitted in such zones. 2. Construction Trailers. Trailers may be used for temporary offices on construction sites provided that a permit is obtained ftom the City Building Department after satisfactory information has been given that the use is in compliance with the conditions of this chapter. C. Loading and Unloading and Utility Vehicles. The provisions of this chapter are inapplicable to active loading or unloading of any vehicle or to any public service or utility company vehicles while in the performance of service or maintenance work. D. Parking on Vacant Lots. No vehicle may be parked, kept, or stored upon any vacant or unimproved parcel within the City. E. Other parking regulations shall be as outlined in Title II of the Municipal Code. (Ord. 1737 (part), 1996: Ord. 1650 (part), 1994; Ord. 1601 Exh. A (part), 1992) 19.100.040 Regulations for off-street parking, A. Parking Ratio and Dimension. Table 19.100.040-A defines the minimum and maximum required number of parking spaces by size and type for specific zoning districts and use within zoning districts. The Plannin2 Commission or City Council may approve a development plan or parkin2 exception that deviates from Table 19,100.040-A if an applicant provides a parkin2 study that supports said deviation, B, Aisle Dimensions. Aisle dimension shall be as required by standard details adopted by the City Engineer and shown in Table 19.1O0.040-B. C, Loading Areas. Loading areas, track parking spaces, and parking spaces. for vehicles other than automobiles shall have ample dimensions for the particular use and type of operation, and be designed or required by the City Engineer. D. Planned Development Districts. The parking requirement contained in Table 19.1O0.040-A functions as guidelines for projects in planned development zoning districts. Within sllch districts, the Planning Commission, or City Council may approve a development plan which deviates from Table 19.100.040 A I')-V Ordinance No. 1940 requirements if an appliQant pro"ides a parking study ,,'hich supports said de"iation E, Mixed-Use I!J:øjeets and Shared Parkin ¡. The minimum parkin ¡ requirement for developments with more than one land use, or parkin ¡ facilities bein ¡ used by one or more properties, shall be determined usin2 Table 19,100.040- C, The Plannin2 Commission or City Council may allow further reduction in the parkin2 requirement as part of a use permit development plan or parkin2 exception if on-street parkin2 is available. Where more than one of the aetivities speeitied in Table 111.100.040 :\ is initiated in a building or on a site not relJuiring reyiew by any Qommittee, eommission, or the City CounQiI, the DireQtor of Community Denlopment shall determine the total parking requirement based upon the application ofparl¡jng requirements for indMdual uses as deseribed in TallIe 19.100.040 A. 1. F. Shared Parking. 1. 2. The Director of Community Development may approve mixed-use parkin2 standards based on Table 19.100.040-C for projects that do not require review by any committee, commission, or the City Council. For proposed land uses which are less than or equal to five thousand square feet of commercial; ten thousand square feet of office and eight or less units of residential, a special parking study will not be required if all ofthe following may be demonstrated: a. The land use consists of a shopping center, office or industrial development which is owned or managed by a single entity; The land uses are under single management and in close proximity to each other and are served by a common parking facility; The proposed shared parking plan may be approved in conjunction with a conditional use permit application in a planned development zone or via an exception for a project which is not located in a planned development zone. The parking provided either meets or exceeds the standards for shared parking as described in Table 19.100.040-C. The shared parking plan is valid only as long as the mix of uses and their corresponding square footage (or seats/employees for restaurants) is the same as originally approved. b. c. d. e. For all land uses not meeting the criteria set forth in subsection Fl of this section, the Planning Commission or City Council may approve a shared parking plan for a particular project whereby a parking space is utilized to serve two or more individual land uses under the following conditions: /r--s Ordinance No. 1940 G. H. a. The land use consists of a shopping center, office or industrial development whiGh-that is owned or managed by a single entity; The land use under single management are in close proximity to each other and are served by a common parking facility; The applicant has submitted a detailed parking study wIHGh that demonstrates that the proposed use is compatible with the proposed parking supply. The proposed shared parking plan may be approved in conjunction with a conditional use permit application in a planned development zone or via an exception for a project which is not located in a planned development zone. b. c. d. Tandem, Valet and Other Special Parking Arrangements, Tandem, valet, and other special forms of parking may be approved in conjunction with a conditional use permit in a planned development zone or via an exception for a project not in a planned development zone. Minimum Stall Dimension in Parking Structure. The minimum stall dimension for a standard uni-size space located in a parking garage or other enclosed parking structure and intended for nonresidential uses is IlÍoo eieht and one-half (8.5) feet by eighteen @ feet. The mini- dim8llÐions for a similarly Ðitaated eompaet sp<we are eight w8t by fifte8ll feet six ineRes. The space width shall be increased by one-half (112) of a foot to nine (9) feet if adjacent on one side to a wall or structure; and by one (1) foot to nine and one-half (9.5) feet if adjacent on both side to a wall or structure, I. Handicapped Parking. The handicapped parking requirement embodied in Section 1129 B of the California Building Code, as amended, is hereby incorporated into this chapter by reference. J, Other regulations shall be as outlined in Title 11 of the Municipal Code. K. Residential Lots Fronting on Public or Private Streets. If no on-street parking is available, two additional follf functionally indeJJend8!1t off-street ~ addition to re( \lired covered spaces are required. L. Farm Equipment. For tractors or farm equipment wIHGh that are regularly parked on-site within two hundred feet of a public street or road, such parking places shall be screened from sight of the street. M. Large-Family Day Care Home. A minimum of one parking space per nonresident employee is required. This parking requirement shall be in addition to the minimum requirements of the zoning district. The parking space may be on-street, in ftont of the provider's residence. A minimum of one parking space shall be available for child drop-off. The space shall provide direct access to the unit, not crossing a street. I)-~ Ordinance No. 1940 Ifthe provider is relying on on-street parking and the roadway prohibits on-street parking, a semi-circular driveway may be provided, subject to other provisions of the Municipal Code. . Landscape Requirements. All new centers and centers with a twenty-five percent or greater increase in floor area or a twenty-five percent or greater change in floor area resulting ftom use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements; however, the Planning Commission and/or City Council may recommend additional landscaping. N. 1. Each unenclosed parking facility shall provide a minimum of interior landscaping in accordance with the following table: Size of Parking Facility (Sq. Ft.) Min. Required Interior Landscaping (% of Total Parking Facility Area) Under 14,999 5% 15,000 - 29,000 7.5% 30,000 Plus 10% 2. Parking lot trees shall be planted or exist at a rate of one tree for every fi¥e tG-ten five (5) parking stalls for every ten spaces in a sinele row. Only fifty percent ofthe trees located along the perimeter of the parking area may count toward the required number of trees. A parkin ! facility with lareer trees with hieh canopies may be allowed to increase the number of par kine stalls (up to 10 parkine stalls per tree) dependine on the size of the tree and canopy size. J-. 'Nh8llG9BSiEllJriRg the namÐer eftrees per parkiBg stall, the fasters sush as size eftr.ee ami Gsnep)' size shall be seBsidered. ^ PaFY..ÎRg faGility iÐcerperatiag large trees with high Ganepies ma)' be proyide eBe tree f.er 13'0'81')' tea sIlaGes whereas a parkiag facility with small trees ".'euld pre'o'ide eBe tree for eyery fi'o'8 space. 1, Landscaped' planter strip shall be at least three (3) feet wide and the leneth of a parkine space. ~ The placement of trees shall be offset between stalls to prevent vehicles from bumpine into them, The Plannin ! Department shall review and approve [mal tree locations 5, Whenever a parkin ! lot is adjacent to a street, a landscaped buffer at least ten (10) feet wide is required. Where the parkin ! lot is adjacent (j-1 Ordinance No. 1940 o. to a side or rear property line. a landscaped buffer at least five (5) feet wide is required. Landscape buffer between double loadin2 stalls shall be at least four (4) feet wide. The required width of landscaped buffers is inclusive of curbin!! or vehicle overhan!! allowance, 6, All landscape areas shall be enclosed by a six-inch wide continuous flat curb allowin!! parkin!! lot run off into landscapin!! area, infiltration islands or swales. Landscape planter strips at the end of the parkin!! aisles adjacent to a driveway shall be enclosed by a six- inch raised concreted curb with draina!!e outlets to help delineate the driveways or aisles. Concrete wheel stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls. The parkin!! stalllen!!th may be decreased by up to two feet provide an equivalent vehicle overhan!! into landscaped areas, L Curbed planter strips shall be provided at the end of each parkin!! aisle. Landscape planter strip shall be at least three (3) feet wide and the len !th of a parkin!! stall. ~ Where appropriate, provision shall be made to ensure that adequate pedestrian paths are provided throu!!hout the parkin!! lot/landscaped areas, 9, Trees require to meet any section of this title shall be a minimum of fifteen (15) !!allon size. 10.4-. All trees shall be protected by wheel stops, curbing, at' bollards or other similar barriers as appropriate. !!.,~ All landscape shall be continuously maintained. Swales and Permeable Surfaces, In order to reduce urban runoff and provide water quality benefits in parkin!! lots, all new parkin!! lots or any substantial alterations to existin!! parkin!! lots shall incorporate the followin!! desi!!n measures to the maximum extent possible: a. Bio-swales in the require landscapin!! buffers. b, Permeable or semi-pervious stalls, 1. Lon!!itudinal slope of the swale shall be between 1 % and 5%. All swales shall be required to provide an adequate underdrain system to prevent pondin!!. 2. Swales of !!reater than 3% may be required to install check dams to reduce velocity throu!!h swale. {'f-ð Ordinance No. 1940 p,Q-. Q,P-. 3, Swales shall be desil!ned to eliminate any pondinl! of water for more than 48 hours. Side slope shall not exceed 3 : 1 (horizontal: vertical). Bicycle Parking. Bicycle parking shall be provided in multi-family residential developments and in commercial districts. In commercial districts, bicycle parking shall be conveniently located and adjacent to on-site bicycle circulation pedestrian routes. The bicycle parking facilities shall be one of the following three classification types: 1. Class I Facilities. These facilities are intended for long-term parking and are intended to protect the entire bicycle or its individual components and accessories ftom theft. The facility also protects the cycle ftom inclement weather, including wind driven rain. The three desigu alternatives for Class I facilities are as follows: a. Bicycle Locker. A fully enclosed space accessible only by the owner or operator ofthe bicycle. Bicycle lockers must be fitted with key locking mechanisms. Restricted Access. Class III bicycle parking facilities located within a locked room or locked enclosure accessible only to the owners and operators of the bicycle. The maximum capacity of each restricted room shall be ten bicycles. In multiple family residential developments, a common locked garage area with Class II parking facilities shall be deemed restricted access provided the garage is accessible only to the residents of the units for whom the garage is provided. Enclosed Cages. A fully enclosed chain link enclosure for individual bicycles, where contents are visible ftom the outside, which can be locked by a user provided lock. This facility may only be used for multiple family residential uses. b, c. 2. Class II Facilities. Intended for short term parking. A stationary object which the user can lock the ftame and both wheels with a user provided lock. The facility shall be designed so that the lock is protected ftom physical assault. A Class II facility must accept V-shaped locks and padlocks. Class II facilities must be within constant visual range of persons within the adjacent building or located at street floor level. 3. Class III Facilities. Intended for short-term parking. A stationary object to which the user may lock the ftame and both wheels with a user provided cable or chain and lock. Spacing ofthe bicycle units shall be figured on a handlebar width of three feet, distance ftom bottom of wheel to top of handlebar of three feet and six inches and a maximum wheel-to-wheel distance of six feet. Parking Space Dimension Chart. Parking space dimensions shall be as shown in ( )- c¡ Ordinance No. 1940 the following table: Table 19.1O0.040-A Land Use Zones Parking Bicycle Bicycle Stall ~ Compact Ratio Parkin Parkin Standard Compact Dimension (Gross g g Dimension s s Square Req, Class s Feet) (8) Residential Single-Family R-+ 4/DU (2 10 x 20 ea. Rl/RH garage + 2 ~ S open) AIIP Single Family P ~ 10 x 20 ea. GlHst& RIG s¡¡aoo-fef ~ Small Lot eaGh Sine:le-family, 00àr00m Townhouse a&Hirst 00àr00m 2.8/DU (2 e:arae:e +.8 open Duplex ~ 3/DU (1-1/2 10 x 20 ea. f.B R2 enclosed + ~ 1-112 open) .^.flartment ~ 2ImJ.fl. ~ Glass-I .w 9,5 x 20 ~ ~ RJIP ceyereà -+ 1 eHmits ea. epen} ~ Multi¡m- ~ 2/DU (1 +40% Class I .w 9,5 x 20 Family (high RJ/P covered + 1 of units ea. 00nsityj open) ~ Hie:h Density Multiple- Family, Hie:h Density Multiple- Story Condominiu !!! Public/ Quasi-Public/ I )-ID Ordinance No. 1940 Agriculture Churches, BQ/CG 1/4 seats + fB ~ fB Clubs, l/employee Lodges, + 1/special- Theaters purpose vehicle Schools and BA/BQ 1/employee fB ~ fB School + 1/56 sq. ft. Offices mutlipurpos eroom+8 visitor spaces/scho 01 + 1/3 students at senior H.S. or college level Daycare CG 1/6.5 f!} JJ f!} Centers students ~ øHOO mHsize Martial Arts, CG 1/4 students +5% of Class f!} JJ f!} Dance/Art! plus 1/1 auto II ~ Music staff at any parkin øHOO Studiso, 2iven time g unisize Tutorial or 1/250 sq. Services, ft. specialized whichever schools (does is more not include restrictive. adult tutorial schools or services) Agriculture A 2 garage + 2 fB--fB JJ fB open Sanitariums BQ l/doctor + fB JJ fB and Rest 1/3 Homes employees + 1/6 beds Private FP 1/4 seats + fB JJ fB Recreation 1/employee ()-II Ordinance No. 1940 Gyms, BAlBQ 1/56 sq. ft. ~ ~ ~ Auditoriums, floor area Skating Rinks used for without fixed seating seats purposes + lIemployee MotelslHotels CG lIunit + +5% of Class II ~ JJ ~ /Lodging 1/employee auto ~ (2) (3) parking ef-l-OO unisiu - Restaurant/Ba CG 1/3 seats + +5% of Class II W ~ W rand 1/employee auto ~ Nightclubs + 1136 sq. ft. parking ef-l-OO of dance unisiu floor Restaurants CG 1/4 seats + +5% of Class II W JJ W without lIemployee auto ~ Separate Bar + 1136 sq. ft. parking ef-l-OO of dance unisiu floor Restaurant - CG 113 seats + +5% of Class II JJ Fast Food lIemployee auto ~ parking ef-l-OO unisiu Specialty CG 1/3 seats or +5% of Class II W JJ W Foods 1/250 sq. ft. auto ~ whichever is parking ef-l-OO more unisiu Bowling CG 7/lane + +5% of Class II W JJ W Alleys lIemployee auto ~ parking ef-l-OO unisiu General CG 11250 sq. ft. +5% of Class II ~ JJ ~ auto ~ parking ef-l-OO unisiu I )"-/J- Ordinance No. 1940 Industrial Manufacturin ML 1/450 sq. ft. +5% of Class I ~ ~ ~ g auto ~ parking 9f--l.OO ~ Office/Prototy ML/OA 1/285 sq. ft. +5% of Class I ~ W{4j ~ pe auto ~ Manufacturin parking 9f--l.OO g IlIlisiu Office Corporate/ CG/OP 1/285 sq. ft. +5% of Class I ~ JJ ~ Administrativ auto ~ el parking 9f--l.OO General IlIlisiu Multi- Tenant G0nefal GG 1/285 sE¡. ft. #%-ef Glass-! ~ JJ ~ Multi Tenant a\Ite ~ f*II'king 9f--l.OO IlIlisiu Medical and CG 1/175 sq. ft. ~ JJ ~ Dental Office ~ 9f--l.OO - Notes: -l-. Enclesed garage. .^.n internal area encempassing twe parking spaces measllring ten f.eet by tv:enty feet each and shall previde \!nebstrllcted i.e., by wans, appliances, etc, behveoo six inches ITem finished fleer lip te six feet ITem finished floor. 2-. Fer too er fe.wer dwelling units at least ene garage space and ene Ifficovered parking space per à>.velling unit. Fer ele':oo er greater à>l.'elling Iffiits at least one cevered parking space and ene \Ißcevered parking space per mvelling \!nits is re( lIired, J... GlleSt parking fur metels!lletels/ledging shall IIse a standard nine feet by eighteeH feet stall àimensien. Twenty five percent eCthe reEJ.llired parking for employees and aIlcillary cemmercial space may IIse an eight feet by fifteen f.eet six inches cempact spac@ staJlàard. 4-. .^A least fifty perceat efthe fleer area is devoted to manufacturing, assembly aJld/er wareheusing. !.,~ Refer to standard details table 19.100.040-B for ani-size stall dimensions. bé-. Refer to standard details table for requirements for handicapped parking. 1.* See 19.1O0.040(H) for stall dimensions in parking structures. !.8-. See 19.1O0.040(G-f) for description of bicycle parking classes. If-/3 Ordinance No. 1940 Table 19.1O0.040-B Parking Space Dimension Chart Type of Angle In Stall Aisle Aisle Car MOOule-, MOOule-, Parking Degrees Width Width Width Space WaR-te WaR-te Stall 1 Way 2 Way Depth Wall-, Wall-, (A) Aisle Aisle 'J.Way -l---Way (C) Aisle Aisle (B) (B) ~ ~ Standaffi ---Q£ 9.Q -W.() ~ ~ WA WA ~ 9.Q -W.() ~ ~ 4+.1 J9,.7 W 9.Q -W.() ~ ~ 49.+ 4h-7 ~ 9.Q -W.() ~ ~ ~ 4ðá ~ 9.Q -l-lá ~ ~ ~ 4éá ,w£ 9.Q -l-J.() ~ ~ M.J 49.J ~ 9.Q -l4á ~ ~ ~ M.7 ~ 9.Q ~ .l9-,() ~ ~ ~ ~ 9.Q -I-+á ;w.,g ~ ~ .».& :¡..g£ 9.Q .l9-,() U.Q ~ .wA ~ 9Q£ 9.Q WA ~ ~ 9hQ WA Uni-Size 0° 8.5 10.0 18.0 22.0 WA WA 30° 8.5 10.0 18.0 18.0 44á ~ 35° 8.5 10.0 18.0 18.0 4é-d. ~ 40° 8.5 10.0 18.0 18.0 4+.1 J9,.7 45° 8.5 10.0 18.0 18.0 4&9 4Q.9 50° 8.5 10.0 18.0 18.0 49--B 4-h9 55° 8.5 11.5 18.5 18.0 ~ ~ 60° 8.5 13.0 19.0 18.0 ~ 4é-d. 65° 8.5 14.5 19.5 18.0 ~ 4&.Q 70° 8.5 16.0 20.0 18.0 .)Já 4.9-á 90° 8.5 N/A 22.0 18.0 ~ WA ~ ()£ g.,Q -W.() ~ .l9-,() WA WA ~ g.,Q -W.() ~ ljá 4J.9 ~ W g.,Q -W.() ~ ljá 4J.9 ~ ~ g.,Q -W.() ~ ljá #.{¡ J9,.7 ~ g.,Q -W.() -l-&á ljá 47.-l- 4Q.9 ,w£ g.,Q -l-l-.() .l9-,() ljá 4&9 4-h9 ~ g.,Q ~ -l9ð ljá Wð ~ ~ g.,Q -l4.() ;w.,g ljá ~ 4é-d. ~ g.,Q ljá 2Qá ljá ~ 4&.Q I Ç;-ll.{ Ordinance No. 1940 I~ I~ I~ I~ I~ I~ I I~ 9Q."- For handicap accessible spaces, please refer to Section 1118A.4 of 1994 Uniform Building Code. For further information, please refer to the Public Works Department Standard Detail Sheets. Table 19.1O0.040-C CALCULATING SHARED PARKING FOR MIXED-USE DEVELOPMENTS WEEKDAY WEEKEND NIGHTIM E Land Use Daytime Evening Daytime Evening (midnight - (9 a.m. - 4 (6 p.m. - (9 a.m. - 4 (6 p.m. - 6 a.m.) p.m.) midnight) p.m.) midnight) Residential 75% 100% 80% 100% 100% Office 100% 10% 10% 5% 5% ~ndustria I Retail 60 90 100 70 5 Hotel 75 100 75 100 75 Restaurant 100 100 100 100 10 Entertainment! 40 100 80 100 10 Recreational Instructions: 1. Determine the minimum amount of parking required for each land use as though it were a separate use; 2. Multiply each amount by the corresponding percentage for each ofthe five time periods; 3. Calculate the column total for each time period; 4. The column total with the highest value is the parking space requirement. (Ord. 1737 (part), 1996: Ord. 1657 (part), 1994; Ord. 1637 (part), 1993; Ord. 1601 Exh. A (part), 1992) /f-{S' D. E. ß G, H, Ordinance No. 1940 19.100.050 Parkin2 Lot Li2htin2. New li¡¡htin¡¡ fixtures for any new site construction shall meet the followin¡¡ requirements: A. All exterior Ii¡¡htin¡¡ shall be a white type Ii¡¡ht either metal halide or a comparable color corrected Ii¡¡ht unless otherwise approved as part of a development plan for uniformity, not allowin¡¡ any dark areas in the parkin¡¡ lot. B. The Ii¡¡ht fixtures shall be oriented and desi¡¡ned to preclude any li¡¡ht and direct ¡¡lare to adjacent residential properties. No direct off-site ¡¡lare from a Ii¡¡ht source shall be visible above three feet at a public ri¡¡ht-of-way, c. Parkin¡¡ lots, sidewalks and other areas accessible to pedestrians and automobiles shall be illuminated with a unüorm and adequate intensity. Typical standards to achieve uniform and adequate intensity are: 1. The avera2e horizontal maintained illumination should be between one and three foot-candles; and 2, The avera¡¡e maximum to minimum ratio should be ¡¡enerally between six and ten to one. 3. A minimum of 3-foot candles vertically above the parkiu2lot surface shall be maintained. Critical areas such as stairways, ramps and main walkways may have a hi¡¡her illumination, Li¡¡htin2 around automatic teller machines shall meet minimum standards required by the State Business and Professions Code, Shatter resistant lenses should be placed over the Ii¡¡ht to deter vandalism. Under¡¡round Ii¡¡htin¡¡ should utilize vandal-resistant fixtures and maintain a minimum five lux level of color-corrected li¡¡htin¡¡ for maximum efficiency. Portalli¡¡htin2 should be provided inside all parkin¡¡ ¡¡ara2eS entrances. 19,100.060 Exceptions. Exceptions to this chapter may be ¡¡ranted as provided in this section. A, Issued by the Director of Community Development. With respect to a request for substandard sized parkin¡¡ spaces in an enclosed 2ara¡¡e in the R- 1 Sin ¡¡Ie-Family Zonin¡¡ District, the Community Development Director may ¡¡rant an exception if the request meets all of the followin¡¡ criteria: l)-)~ Ordinance No. 1940 1. The exception to be eranted is one that will reqnire the least modification and the minimum variance to accomplish the purpose. 2. The exception to be !ranted will not preclude the !ara !e from bein ! used to park two standard-sized vehicles. B. Issued by the Desien Review Committee, The Desien Review Committee may erant exceptions to this chapter for properties located in the R-l Sinele- Family Zonine District or the R-2 Duplex Zonine District at a public hearine subject to Section 19.28.110. The followine findines must be made to erant an exception: 1. The literal enforcement ofthis chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2, The erantine ofthe exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare, 3. The exception to be eranted is one that will require the least modification and the minimum variance to accomplish the purpose. 4. The proposed exception will not result in sienificant impacts to neiehborine properties. C. Issued by the Plannine Commission, Requests for parkine exceptions not subject to Section 19.100.050 fA) and (B) may be eranted by the Plannine Commission at a public hearine subject to Section 19.120.060, The followine findines must be made to erant the exception: 1. The literal enforcement ofthis chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The erantine of the exception will not be iniurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3. The exception to be eranted is one that will require the least modification and the minimum variance to accomplish the purpose. 4, The proposed exception will not result in sienificant impacts to neiehborine properties. After a J3liblie heariøg, the Plæmiøg Cemmissian may grant a J3arking exG~tion for a projeGt not leGated in a J3l3llßed àeyeleJ3meBt zaRing àistriet ¡¡pen making the follo'.'lÏng />-f7 Ordinance No. 1940 ~ ^. Th@r@ are @xII'aenlinary eenditiens net goo@F3lly applieable te similar uses 'yhiGh justifY the @xe@ 3tien (i.e., oousually high perGBBtage ofthe let area is lamlseaped); B. The exeB JtieR d@ 3arts if.em the requirements efthis ehapter te the minimum degree neeessary to aile'" the pr-eject to preseed; C The exs@ptien ",:ill net aw'_ely affeet n@ighl3ering pr-eperties by caasing \II1feasenable n1llßiJe¡:¡; efYeRieles Ie park en the neighBering preperties er \If!on public streets. The deeisien of tile Planning Commissien to grant or dcny such an exception may be appealed to the City Couneil pursuant to the pr-ec@d\lf@s d@serib@d in Chapt@r 19.132. (Or4. 1737 (¡¡art), 19913) Chapter 11.29 ON SITE P:\RKING 11.29.010 Purpose. Th@ purpese efthis ehapter is Ie regulate the pllfking ohehieles which are oosightly or oversized, er '.'ihieh are detrimental to the preperty '¡alues or th@ peace and enjoyment of neighboring prop@rty o'YnefS or residBBts. (Ord. 1315 § 2, 19813) 11.29.020 ;\pplieation. No '¡OOiele may be pllfked, stored er kept on any pareel of land within the city otherwise than in confmmane8 with this ehapler. (Ord. 1345 § 3,19813) 11.29.030 DefinitioRs. .^.s used in this GRapIer, the fello".<ing terms shall ha'le the meanings set forth in this sootien; l\., "Commer.¡;ial y@hiele" means any '¡OOiele or par! thereof r@ljuired to be registered under the State of California'.' ehiele Cede, whish is ¡¡s@d or maiatained fer th@ transportation of II-ens for hire, eolRfleRGation or profit, or designed, us@d or maintained primm!;,' fer th@ transpertation of pr-Gperty, @xeept passenger yehiel@s. B. "Mobilehome" means a YMiele, ether than a melor '¡OOiele, de~igned or ¡¡sed as semÎ Jermaneat housing for human habitation, for earrying p@rSORS and preperty on its own structw"e and fer being àra'\'Il by a motor "@Ride, including a trailer ooaGh-. C, "Mobil@home park" means any area or tr-aet efland wh@r-e letG life sold, rented or held out for reat to one or more en'll8rS or users of mebil@ homes, exeluding travel trailers, for the purpes@ efpermaRBBt er semÎ Jermanell! housing. D. To "park" means te stand or leave standing any YBhiele, '.'lhether oee\lf!ied or not, etherwi~e thaR telRflerarily fer the purpese ef and while aeRIally engaged in the loawng or ooloading of passengers er materials. E. "Publie streets" means all str-eets, high'.vays, laRes, places, ¡wel11les and portions thereof, incl¡¡ding eJHBRsions in length and width, which have been dedieated by the owners thereefto public use, aeljuired fer public use, or in whish a pub lie I)-I r Ordinance No. 1940 eas_ent exists. p, "Vehides" meaas any beat, bllS, k-ailer, meter heme, Yaa, e~er (wH@tÐer er net attaehed te a pieküp er ether "ehid@), e~ k-ailer, mebileheme, metereyele, aIltemebile, tmek, piek-üp, airplaae, halll tfailer, truek kaeter, truek tr.ailer er utility trailer, ef pa!'ts th@reef, or my d8'.'ie@ by 'Nhieh my persen or propert:,' may b@ pr-opelled, mey@d Of dra'!.'R U !ØR a pllblie skeet, exc8f!ting a d@'¡je@ mey@d exelusi'lely by Immaa pe'ver. (Ord. 15S5 § 1 (part), 1992: Ord. B45 § 4, 1986) 11.:19.040 Regulatiens. "^.. VMieles Permitted in Residential Zenes. 1. Prent er Sk-eet Side Set-baek }\rea. '.r ehieles are permitted te be plaeed, kept er parked in a trent er street side yard setbaGk area er ...:ithin twelYe feet ef a Jlüblie right ef way in a rear yard area, sübjeet to the f.ello'Ning restrietieas: a. A maxim\IIß ef fellf yehieles is permitted en a let in a Rl, RHS, er p_l 43 single family detaehed residential zelle; a greater nlllllber efyehieles ma:.' be permitted if they are eem¡Jletely enelesed within legal struetllfes, exeept fear yehieles ma:.' be parked elltside a legal strueture. In all ether residential zones, the numBer efyehieles alle'Ned is aJlpreyed by the City in eenjllRetion with a de':elepment Jllan. Per plllJleses ef eeunting yehides, a eam¡:Jer meunted en a pieküp tmek is eeasidered one '/ehide, and ether similarly vertieall)' staeked eom¡Jenents ',:hich beleag tegether shall be eeunted as a single Yehiele. Horizontal groU !ings shall Be eeunted as twe Yehieles. B. ^.ny epen yehiele eeRtaining kash er debris is not Jlermitted. e. "^.n-y eemmereial yehiele with a marnlfaetllrer's grass yehiele weight r-ating eften thellsand Jlellnds er mere, er a tetal eemIJiaation of meter trust, tmek k-aeter anàler kailers that exeeeds sixty feet in length is net permitted. d. Ne Jlertien ef my "Miele ma:.' e'¡erhang my püblie right of way. e. All vehieles IBIISt be Jlarked en an im¡Jerviells sllffaee eonsisting ef eeaerete, asphalt er ether like materials. SlIeh im¡Jelyiolls sarfaGe ma:.' net i*eeed fifty Jlereeat efthe trent yard set-baek area, IIIlless a greater area is appre'led by the City in eonjllaetion with a de'lelepment plan. The im¡J8rvieus sllffaee must be eentiguells and, at a minimum, eneem¡Jass the elltline efthe ¥ehiGIe-. f. All "Mieles IBIIst be e\lFl'ently registered, "'here registration is reEjIlÏfed for legal eperatien, aad in geed eperating eenditien. g. ¡¡Keept on lets '.vith eir-Galar driy8'.'la:.'s wmeh eenform te the previsions efthis eede, all vMides pafked in the ftent or skeet side yard setbaek area must be parked peFIJendiealar te the street. On lets with eiroalar driveways 'vhieh eenferm te the proyisiens efthis selie, all yemeles pafbd in the tr.ent er street side yard setÐask area afe limited te less than tv:enty feet in length, anless f f-/7 Ordinance No. 1940 parked per¡¡endieular te the street. O"'ners efyehiGles made neneenferming by the aEleptien efthis seetien shall eemply "'ita this pr-e'¡isien v¡ithin Þ"e years ef its eBaGtment. 2. Area OutsiEle efFr-ent ef Street Side Sethaek Area. 'lehieles are permitted to b@ plac@d, k@ )t or parked in any yard ar-ea, @xcluding these yard areas regulated BY paragraph (1) of suBs@etion (A) ofthis s@etion, proyià@à a three foet minimWll el@ar-e@ is maintained Ie any struetlH@s. J. Parking ìVithin Struetar@s. Velùel@s are permitted te Be phwed, kept or parkeEi in any legal strueture, pr-eyided that ne mere than eRe re¡¡uired eneleseEi parking spaee is eeGllfIieEl BY a "ehiele net BaIlaBle efB@ing prepelled IlBder its ewn pewer. 1. Nen S@lfProp@ll@d Veffid@s. .^.maxim\lffi ofhye YMiel@s not eapabl@ of B@ing pr-epelled und@r their e\'Æ peH¡@r is permitted te B@ placed, kept ør parked eatsid@ a legal struet-ur@. 5. Liyiag er Sleeping Quart@rs. Ne '1effiele shall B@ used fer Hying or sleeping ¡¡aarters, @xeept as p8flRitted B@lew: a. 'lMid@s leGated in a mebilehom@ park and used eensistent '.'lith any City regulatiens applieabl@ te mebilehem@ parks; B. Trail81's, earnpers er r@ereatienal yehiel@s may be used by a bona fide guest ef a City resident fer a peried net te @xe@@d S~'eBty twe heurs where the !Failer, eamper er r@ereatienal y@hiel@ is leGated en such resident's prep My. ( . MeBilehem@s. Mebilehemes, exduding travel trailers, are not permitted within the residential zenes efthe City, exeept in a mebileheme park or as preyided BY State la"¡. 7, Constructien Tr.¡¡iler-s. Trail@rs used fer temper.ary effic@s or sterag@ on eonstruetien pr-ej@ets m~' B@ allo'.'led only on the prier issuance ef a p@_it by the City ßuildiag Department based upen the reeeipt of satisfaetery informatien that the use is in cemplianee "'ith the eenditiens efthis ehapter. B. VMiGl@s Permitted in Neßf@sid@ntiai Zones. 1. Parking Hust b@ Censistent with f He"'ed Uses in Zelle. It shall B@ IlBlawful for any parseR te plac@, keep er maintain er permit te B@ plaeed, kept er maintained any '¡@mel@ llfIeR any let, pi@e@ er pare@l ef land within the nonresidential zenes efth@ City, @Ke@pt for sterag@, sale er business use as permitted in sueh zenas. 2. CenstruetieR Trail81's. Trail@rs used fer temperary effie@s en eenstruetien prej@ets may b@ alle"'ed enly on the prior issuaDee of a permit BY the City Building Departm@nt Bas@d llfIon the receipt ef satisfaetery information that the use is in complianee v¡ith the Genditiens efthis ehapter. C. Loadiag and Unleading and Utility '-'effiGIes. Th@ preyisiens ofthis ehapter shall net apply te actiye leading or unleaEling ef any yehiele, er te any publie seryie@ or utility eempæJ.:¡' "effiele while in the performaDee ef s@ryiee or maintenance work. D. Parking en 'laGan! LeIs. Ne yehiele IDa;¡' b@ parked, kept or stored llfJon any yacan! er IIIlÏmpr-oved par-G@l'.vithin the City. (Ord, 1( 30 (part), 1991; Ord. 1585 § 1 (part), 1992: Ord. 1]13 § 3, 198( ) ( ') - 26 Ordinance No. 1940 11 19 OSlIl'enalties. Any person, fll1R or GOFfloFation vielatÎBg any ¡lrovisiÐn of this Ghaf!ter shall be deemed guilty of an infraction and lIJIon conviction thereof shall be ¡looished as pr-o':ided in Chaf!ter 1.12. (Onl. 15ß5 § I (¡Ian), 1992: Ord. 1345 § Ii, 19ßIi) This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjoumed meeting of the City Council of the City of Cupertino the 21st day of June 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 6th day of July 2004, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor {)-À I CITY OF CUPEIQ1NO P~rh ~nci R"rff,~ti()n f)"p~rtm"nt STAFF REPORT Agenda Item Number 11 Agenda Date: July 6, 2004 SUBJECT Report on Blackberry Farm maintenance. ISSUE At the June 21 City Council meeting, a Cupertino resident and Mike Phillips, employee of Santa Clara County Vector Control, spoke under Oral Communications. These two speakers presented their concems regarding trash and maintenance at Blackberry Farm picnic grounds. Council asked staff to look into this matter and report back. Mike Phillips' comments, during Oral Communications, were completely inconsistent with what he had communicated with staff over the past eight months. A complete transcript of his comments is attached as Attachment A. Attachment B contains a point-by-point response ftom staff. A detailed history of maintenance at Blackberry Farm follows. BACKGROUND On August 26, 2003, Mike Phillips of Santa Clara County Vector Control inspected the Blackberry Farm Picnic Grounds operation and proceeded to issue a Rodent/Wildlife Abatement - Notice to Comply to the Director of Parks and Recreation. Vector Control outlined the following issues: 1, Empty all garbage cans ftom picnic areas by the end of each workday 2. All garbage cans must have closeable lids 3. Main garbage storage bins require closeable lids 4, Rodent proof structures 5. Cut back trees 3-5 feet ftom roof of structures 6. Start rodent control program for rats and ground squirrels throughout property 7. Treat in and around buildings for fleas, ticks and mites The notice further stated that Vector Control gave Blackberry Farm until December I, 2003, to comply with these items before a follow-up inspection. The Blackberry Farm staff took the requirements of Santa Clara County Vector Control very seriously and has implemented the steps requested. Here is what has been achieved: PonIed on Recycled Papec ( h-I July 6, 2004 Page 2 of 10 1. Staff implemented a plan of emptying all garbage cans at the end of the day and has continued with this program 2. Staff had implemented a plan of purchasing permanent garbage cans each year. Staff was to replace all garbage cans before opening the 2004 season 3. Los Altos Garbage Company delivered two covered dumpsters. Staff implemented all of these items by September 6,2003. On November 6, 2003, a meeting took place with the Vector Control Technician and staff ftom Parks and Recreation Department, Public Works and Rude's Pest Control to discuss the abatement notice and additional actions to be taken. Action agreed upon and implemented from this meeting were: 1. Los Altos Garbage would provide four front loader garbage containers and one debris box for yard waste. Garbage containers to be emptied every Monday and Friday. 2. Garbage cans with lids should be purchased at an estimated cost of $50,000. 3. Rodent proof structures - completed by Rude's Pest Management in November 2003, 4. Vector Control recommended staff to eradicate Blackberry Farm of ground squirrels through fumatoxin, or live trapping and euthanasia. Public Works with Blackberry Farm maintenance staff implemented a plan to use fumigation in the squirrel holes to reduce the population. This fumigation took place in November and December 2003. Vector Control would work with the City's Naturalist on his concerns about the squirrel population in the park, as well as McClellan Ranch Nature Preserve. It was stated by Vector Control that it would take about one season to reduce population. 5. Staff trimmed back trees 3 -5 feet ftom structures in November 2003. 6. Staff developed and implemented a park clean-up program in May 2004. Staff is assigned to begin clean up at 4:00 p.m. until 8:00 p.m. or until all trash has been removed ftom the park. 7. Additionally, staff posted 18 signs throughout the park asking our customers to "Help us maintain a healthy environment for the local wildlife. Please make sure no litter or leftover food are left behind for the animal". 8. In a conversation with the Vector Control Technician on December 18, 2003, the supervisor of Blackberry Farm stated that the City of Cupertino was not in the financial position to purchase the estimated $50,000 in permanent garbage cans. Vector Control stated that he understood the situation and was fine with it as long as all of the garbage cans were emptied at the end of the day. On Wednesday, June 9, 2004, the Vector Control Technician again visited Blackberry Farm. The Technician met with staff and stated, "as far as I am concerned you guys are fine", He did not leave any written complaint or call for action. It has been the practice of the Blackberry Farm staffto offer to meet with neighbors to discuss their concerns regarding park operations. In late April 2004, staff had a conversation with Cupertino resident Rhoda Fry and offered to meet with her to discuss her issues prior to the park opening for the 2004 season. She indicated she would but did not contact staff for a meeting. In f~-)" July 6, 2004 Page 3 of 10 another conversation with Rhoda Fry on June 18, 2004, Blackberry Farm management staff offered to meet with her and her husband because of e-mails she had sent to City Council. She declined and her husband has yet to contact staff for a meeting. On June 21, Rhoda Fry and Vector Control Technician Mike Phillips addressed City Council. As stated earlier, Mike Phillips' comments were completely inconsistent with what he had communicated to staff over the past eight months. Mike Phillips stated at that meeting that he had not heard ftom the City since October 3. As indicated here, Mike Phillips had interacted with staff on 3 occasions, November 3, 2003, December 18, 2003, and June 9, 2004, and was satisfied with the progress. At the Council meeting, Mike Phillips stated that "Today, there was people out there..." when in fact Blackberry Farm is closed on Mondays and there were no customers in the park. The park was cleaned by the end of the day on Sunday, June 21 as detailed in the Blackberry Farm Clean-up Program. Los Altos Garbage emptied the dumpster containers by 8:30 a.m. on Monday, June 21. Mike Phillips was witnessed in the park at 2:45 p.m. on Monday, June 21, 2004. During Rhoda Fry's comments, she displayed photos of full trashcans. Staff has witnessed Rhoda taking pictures of the park prior to the end of the day trash collection, which were the Vector Control requirements. On June 22,2004, staff contacted the Assistant Manager of Vector Control to inquire on the reason why the Vector Control technician chose to give notice to the City at a City Council meeting on issues at Blackberry Farm. The Assistant Manger of Vector Control admitted that this is not protocol for his agency and he would look into the matter. Staff went on to request a written report of the technician's findings. Informal notes of the Vector Control technician's findings were e-mailed with photos on June 25, 2004, depicting a barbeque grate and damage to recycle cans. No other documentation to support his findings was submitted and no other abatement notices have been issued. On June 24, 2004, staff contacted Los Altos Garbage Company to see if they had any complaints ftom neighbors or Vector Control regarding trash containers at Blackberry Farm. Los Altos Garbage said no and ifthey ever had concerns or received public complaints they would contact the city staff directly instead of forwarding any complaints to other agencies. Blackberry Farm is inspected by the County Health Department to insure it is compliant with public Health and Safety requirements in its swimming pool operation and food handling. These inspections are unscheduled and take place semi-annually. Blackberry Farm regularly passes these inspections. The Blackberry Farm staff values the opinion of its customers on service they receive and the condition of the park. The survey asks customers to rate the park using a point system. It is based on a scale of 1 to 5 with 5 being the highest. A response of "5" equals "very" or yes. A response of" I " equals "not at all" or no. I ~ - 3 July 6, 2004 Page 4 of 10 Question #4 on the survey asks; "The picnic site was clean and attractive"; 2003 Results: 72% marked 5 or "very good", 18% marked 4 "good". 2002 Results: 50% marked 5 or "very good", 23% marked 4 "good". Question #5 on the survey asks; "The qualities of the amenities at the picnic site was high": 2003 Results: 63% marked 5 or "very good", 27% marked 4 "good". 2002 Results: 54% marked 5 or "very good", 35% marked 4 "good". Question #9 on the survey asks; "I would return to Blackberry Farm." (This asks for aYes or a No): 2003 Results: 100% marked Yes 2002 Results: 96% marked Yes. As demonstrated ftom these survey results, there has been a dramatic improvement in the maintenance and condition of Blackberry Farm. Besides receiving customer feedback, the City Manager has begun to regularly inspect the grounds of Blackberry Farm and provides further comments on the park's conditions. Blackberry Farm's full-time maintenance staff has had a position vacant since 2002, which reduces the staff by 50 percent. Staff has attempted to adjust operations by filling this vacancy with part-time high school students. Even with the change of staffing levels, customers still rate the quality of their experience at Blackberry Farm as very good. Management at Blackberry Farm will continue to monitor the performance of staff and look for ways of improving the operation. We encourage City Council members to tour Blackberry Farm to see the quality of the operation and park maintenance. RESPECTUFLL Y SUBMITTED: APPROVED FOR SUBMISSION TO C~IL' David W. Knapp, City Manager Michael O'Dowd, Recreation upervisor Parks and Recreation Department g:\parks and recreation admin\blackberrylreports\bbfresponse to vector control statfrpt 070604.doc ib-L.{ July 6, 2004 Page 5 of 10 I ATTACHMENT A Transcript of Mike Phillips ftom Vector Control- Oral Communications My name is Mike Phillips. I'm with the County Vector Control. I'm the wildlife specialist for Santa Clara County. Back in August, our department got called in regarding Blackberry Farm's trash and animal problems out there. We served an abatement notice for the City to correct those items. We received a letter on October 3rd regarding some of the items being corrected. Since October 3rd, I haven't heard ftom the City since regarding the situation. I went out there and did a surprise inspection over the weekend, found that the garbage issue is not being totally addressed. I've been told that the garbage gets emptied every day at the end of the day, and apparently it's not. Most ofthe cans are being emptied, others are not. Some ofthe recycling cans that have lids on them are being chewed away by the rodents out there. There isn't a singe place you can walk out there without having to stumble into a ground squirrel burrow or burrows going underneath the structures out there. It's an invitation to wildlife. Now, I've got coyotes coming into the property. The coyotes now, up and down California, have been a problem. Since 1997 to now, we've had approximately 100 attacks on children and adults. We just had one here in Saratoga, where a l2-year old child was charged by a coyote. We had to go in and remove that animal. Now, we're getting homeowners in the Scenic Circle area complaining that their pets are now disappearing. The other side, over on Orange, they're having skunk issues now coming up ftom the parks, ground squirrels coming into their property undermining foundations. We have a problem that needs to be addressed. Legally, you know, all it takes is one person to stumble into one of those holes and the first thing they're going to do is start pointing fingers who to sue. Or, if a child gets bit by a coyote coming out the creek. Today, when we went out to do the surprise inspection, there was garbage present. The garbage cans that they have at the end of the day, that they're supposed to be dumping the garbage into, cannot hold all the garbage they make over the weekend. It overflows the cans. The lids do not close properly. Today, there was people out there, one of the barbeque pits, one of the large, I guess 10 or 15 footers, still had hot embers going at full boar right up against the foothills there. Now, if they were to police that place like they're supposed to, one, you wouldn't have all those hot embers, two, the grates that go over those hot embers would be closed so the animals can't get into it. (~ -S- July 6, 2004 Page 6 of 10 I ATTACHMENT B Transcript of Mike Phillips ftom Vector Control - Oral Communications June 21, 2004 My name is Mike Phillips. I'm with the County Vector Control. I'm the wildlife specialist for Santa Clara County. Back in August, our department got called in regarding Blackberry Farm's trash and animal problems out there. We served an abatement notice for the City to correct those items. We received a letter on October 3rd regarding some of the items being corrected. All of the statements up to this point are true and accurate. (Comments in BOLD are those of Michael O'Dowd, Recreation Supervisor) Since October 3rd, I haven't heard ftom the City since regarding the situation. I organized a meeting on Thursday, November 6, 2003, with Mike Phillips to discuss our action plan to his Rodent/Wildlife Abatement, This meeting was attended by myself, Therese Smith, Parks and Recreation Director, Roxanne Earnshaw and Joshua Waldorph, Recreation Coordinators at Blackberry Farm, Diane Mahan, Lavenia Millar and John Bisely from Public Works, and Keith Reuter from Rude Pest Management (meeting notes on page 9). On Thursday, December 18, Mike Phillips interrupted a Blackberry Farm Master Plan meeting with staff and consultants at the Blackberry Farm Retreat Center to inform us of new pesticides that were on the market to eradicate ground squirrels, I informed Mike Phillips at that time that the City of Cupertino was not in the financial position to purchase approximately $50,000 worth of new garbage cans, He said he understood the situation and was fine with it as long as all of the garbage cans were emptied everyday. On Wednesday, June 9, 2004, Mike Phillips visited Blackberry Farm. He met with Roxanne Earnshaw in my absence (a memo of that conversation is on page 10). In that conversation, Mike Phillips stated to Roxanne Earnshaw that he had received a complaint from the Los Altos Garbage Company that garbage was being dumped in the big dumpster that was designed for yard waste. On Thursday, June 24, 2004, I spoke to Lance Parsons of Los Altos Garbage Company and asked him if he had received any complaints from the Santa Clara Valley Vector Control on the operation at Blackberry Farm. Lance replied "No". I asked if Los Altos Garbage Company ever had issues with the operation, what would be there protocol for resolution. Since Blackberry Farm is a city facility, he stated, "Los Altos Garbage would work directly with city staff to resolve any issues. They do not contact Santa Clara Valley Vector Control". In their conversation, Mike Phillips stated to Roxanne Earnshaw "as far as I am concerned you guys are fine," He did not leave any written complaint or call for action. l&-~ July 6, 2004 Page 7 of 10 I went out there and did a surprise inspection over the weekend, found that the garbage issue is not being totally addressed. I've been told that the garbage gets emptied every day at the end of the day, and apparently it's not. Most of the cans are being emptied, others are not. Before the 2004 season opened to the public, the Blackberry Farm management staff developed and implemented a park clean-up program. This program calls for 4 staff to work from 4:00 p.m. to 8:00 p,m. or until their job is complete. Their job reqnires them to clear picnic areas and tables, empty and reline all garbage cans and place in covered garbage bins, and walk the entire park for trash, Clean-up staff completes a clean-up checklist to ensure these tasks have been completed. This program has been effective and successful. Some ofthe recycling cans that have lids on them are being chewed away by the rodents out there. There isn't a single place you can walk out there without having to stumble into a ground squirrel burrow or burrows going underneath the structures out there. It's an invitation to wildlife, Now, I've got coyotes coming into the property. The coyotes now, up and down Califomia, have been a problem. Since 1997 to now, we've had approximately 100 attacks on children and adults. We just had one here in Saratoga, where a 12-year old child was charged by a coyote. We had to go in and remove that animal. Now, we're getting homeowners in the Scenic Circle area complaining that their pets are now disappearing. The other side, over on Orange, they're having skunk issues now coming up from the parks, ground squirrels coming into their property undermining foundations. We have a problem that needs to be addressed. Legally, you know, all it takes is one person to stumble into one of those holes and the first thing they're going to do is start pointing fingers who to sue. Or, if a child gets bit by a coyote coming out the creek. Today, when we went out to do the surprise inspection, there was garbage present. The garbage cans that they have at the end of the day, that they're supposed to be dumping the garbage into, cannot hold all the garbage they make over the weekend. It overflows the cans. The lids do not close properly. Today, there was people out there, one of the barbeque pits, one ofthe large, I guess 10 or 15 footers, still had hot embers going at full boar right up against the foothills there. Now, if they were to police that place like they're supposed to, one, you wouldn't have all those hot embers, two, the grates that go over those hot embers would be closed so the animals can't get into it. Mike Phillips attended the Cupertino City Council meeting on Monday, June 21, 2004, The Blackberry Farm Picnic Grounds is closed on Mondays. There were no customers in the park that day. The park was cleaned on Sunday, June 20, as detailed in the Blackberry Farm Clean-up Program. All garbage cans were emptied as witnessed by my maintenance staff and myself. I~-Î July 6,2004 Page 8 of 10 I have worked very closely with Lance Parsons of Los Altos Garbage to ensure we are compliant with all requirements expected of Blackberry Farm and the trash issues. They delivered 4 6-yard front loader garbage bins in April 2004, The lids close properly. Los Altos Garbage Company emptied the 4 covered trash bins on Monday, June 21, 2004 by 8:30 a.m, Los Altos Garbage empties them every Monday and Friday. Myself and other Blackberry Farm staff witnessed Mike Phillips at Blackberry Farm at 2:45 p.m. on Monday, June 21, 2004. r~-r July 6, 2004 Page 9 of 10 I ATTACHMENT B I Nov. 6, 2003 - Notes of meeting with Santa Clara Co. Vector Control Re: Blackberry Farm Attendees: Mike O'Dowd, Josh Waldorph, Roxanne Earnshaw (Blackberry Farm staff) Therese Smith, P & R Director Keith, Rude Pest Control Mike Phillips, County Vector Control Diane Mahan, John Bisely, Lavenia Millar; Public Works . Mike (O'Dowd) has gone back to 4 front loader for garbage and I debris box for yard waste. The front loaders are picked up on Mondays and Fridays, Debris box picked on an on cal1 basis. Could use 1 more front loader from Los Altos Garbage Co. Garbage cans w/ holes should have lids changed out. Recommended by Vector Control garbage cans with lids should be purchased. It would cost $50,000 to upgrade garbage cans with lids. Purchase was delayed due to budget concerns and conversation with Mike Phillips in late November 2003 that he understood the financial impacts and approved the delay. Funds need to be identified prior to purchase, Rodent proof structures, screen off perimeters, anything that sits on dirt foundation (office, ice machine). Completed in 11/03, Rodent Control Program: mainly mice, rats and ground squirrels Ground squirrels -live-trapping and then euthanasize, can't relocate (against law), double bag & spray, Used flares to exterminate squirrel population in 11/03. Vector Control working with Barbara Banfield on squirrel problem @ nature preserve, Vector Control informed us that it would takes about a season to reduce population. Diane Mahan will work with Scott @ Blackberry on squirrel control in 11/03. Treat fleas, ticks & mites under buildings. Completed in 11/03, Rude to deal with repairs around buildings, Completed in 11/03. Vector control not worried about treating raccoons and possums, they feed on rodents and that source will be removed. Vector Control working with neighbors on things they need to do to help the situation, i.e. eliminate bird feeders, Vector Control also working with 4/H at McClel1an Ranch, they are putting out most ofthe food source, master gardeners have been doing some trapping. Wil1 include golf course in vector control program, ponds at course should be monitored for mosquitoes (West Nile). County can put in mosquito fish. To Do: Large vents on buildings need to be screened. Completed in 11/03, Put strips under doors and on sides of doors as needed. Completed 11/03, No nests over doors. Removed 10/03, May need to bring asphalt up under doors to help close gaps. Completed 11/03. Secure old bunker, next to restrooms on south side of park, in order to kid-proof. Secured 11,03. Use snap traps to determine what type of deer mice, can have deer virus. Develop and implement park clean-up program. Staff is assigned to begin clean-up at 4:00 p,m, until 8:00 p,m, or until al1 trash has been removed from park. Completed 5/04. /&-1 July 6, 2004 Page 10 of 10 I ATTACHMENT B Memorandum To: Mike O'Dowd, Recreation Supervisor From: Roxanne Earnshaw, Recreation Coordinator Date: 6/10/04 Re: Conversation with Mike Phillips, Vector Control District On the moming of Wednesday, June 9, 2004, Mike Phillips with Vector Control visited Blackberry Farm. He walked up to the ftont of the office and proceeded to ask us a few questions. The conversation was between Roxanne Earnshaw and Mike Phillips with Joshua Waldorph and Angela Vicente present. Mike Phillips asked Roxanne how things were going in the park in regards to garbage. He also asked Roxanne if there had been any complaints from anyone concerning the garbage clean up. Roxanne replied that there had not been any complaints. Mike Phillips proceeded to inform Roxanne that the garbage company (Los Altos Garbage) made å complaint that there was garbage being dumped in the big dumpster that is supposed to beusedfor yard waste only. Roxanne informed Mike Phillips that Blackberry Farm was aware that garbage had been mistakably placed in the big dumpster on one occasion. That dumpster wasil:t1triediately covered with a tarp, Roxanne also informed Mike Phillips that Blackberry Fannhad experienced a miscommunication due to a language barrier with the employees thatpiCk up the garbage. Mike verbally said "as far as I am concemed you guys are fine." Mike proceeded to inform us that we should be aware of Mountain Lions in the creek area, because a few weeks back, a cub had bitten a teacher when she was with some students on a tour. Roxanne thanked him for 1he information and told Mike that he is welcomed to take a look at the park if he wanted to. Mike declined the offer and left the park. No written complaint was given. IfD-(()