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
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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
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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
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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!
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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CUPERTINO, CALIFORNIA
SPECIAL USE PERMIT
SUBMITTAL PACKAGE
"ROSE BOWL" SITE 8cWOLFE ROAD RETAIL
DATE: 0.6-10-2004
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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.)
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Building area
Floor area ratio
Number of stories
Height nla
Building pad elevation 174.0'
Curb elevation 179.5'
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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
,..
«
;:
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'"
«
"-
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
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PROPOSED 2 STOREY
TOWNHOUSE 50 UNIT
175 STALLS
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CUPERTINO, CALIFORNIA
L~~K
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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
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BOWL
SITE
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CUPE.TONO. CALOFO.NOA
50'
100'
LiI;i,\?M.¡}~K
MANAGEMENT
~
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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
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n ( ') ( ~
EXSTG. SURFACE PARKING EXSfG. SURFACE PARKING
0
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0
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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
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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
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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-- ~
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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
[ ~
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ANCHOR
0170'
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~
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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
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~
~
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
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0
0::
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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
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~
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
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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
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15 Cmpm'le Plm, 5"ite 200, NewpM Be"h, CA 92660
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[703] 390.0400 W"hingtoo, DC
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15 Co,po,," PI,,", 5"it. 200, N.wpm! B",h, CA 92660
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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
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WOLFE ROAD RETAIL WEST ELEVATION
CUPERTONO, CALIFORNIA
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60.
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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
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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"
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27
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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
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0 ¡2~l~,RAPET
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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'
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MANAGEMENT
-
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SHEET
28
~
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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
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ROSE BOWL Be WOLFE RETAIL COLOR PALLETTE
CUPERTINO, CALIFORN..
L~M4'&K
MANAGEMENT
-----
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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
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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
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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
..
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[702J 8528500 la, Yo9'" NV
Stalls I Notes
408
824
Level Total
138
170
21
87
97
141
172lncludes 30 spaces in TownhOi
187
189
553
1339
1398
25
34
PARKING/SQ. FOOTAGE TABLE
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SHEET
30
03 "8' 6 D",D6.110<
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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
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CIVIC PARK
1....101.""
CUPERTINO,
CALIFORNIA
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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
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SITE PLAN - OVERALL
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'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
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AlJEiWAY ARÐ\
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'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
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snEHAN - Rl- GARAGE
CMC PARK
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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
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SECOND FIDORHAN
FIR3I' FID 0 R RAN
SECOND FLOOR 81q SF
FIRST FLOOR q23 SF
TOTAL, 1,142 S.F.
CMC PARK
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GARAGE FID ORHAN
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FIR3T FID 0 R PIAN
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GARAGE, 52'1 S.F.
FIRST FLOOR,
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SECOND FLOOR
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GARAGE, 488 S.F.
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THIRD FLOOR PLAN
THIRD FLOOR
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TOTAL
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CMC PARK
SECOND FLOOR PLAN
SECOND FLOOR
1,llb SF.
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FIRST FLOOR PLAN
FIRST FLOOR 41~ SF.
GARAGE, 438 Sf.
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SECOND FLOOR ~44 SF.
TOTAL 1.%0 S.F.
CMC PARK
C ummN 0 , C AIOO RNJA
GARAGE
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FIRST FLOOR PLAN
GARAGE FLOOR PLAN
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6ARA6E FLOOR 5~ S.F.
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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
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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
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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]
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ISSUES:
[and Supporting Information Sources]
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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
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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]
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ISSUES:
[and Supporting Information Sources]
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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
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ISSUES:
[and Supporting Information Sources]
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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
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0
0
0
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0
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: 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
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0
0
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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
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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
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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]
:-"'"
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0
0
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0
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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? [?]
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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
~.._.._..
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SUITE 1.95 I: I 'I'
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J SUITE 165 , I
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SUITE 100
1042 SF
SUITE 175
1672 SF
SUITE 110
624 SF
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I 1225 SF ¡ 780 SF
~ -------- ---~ - -------
SUITE 120
1244 SF
SUITE 160
1200 SF
.
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CUPERTINO TOWN CENTER
FIRST FLOOR PROPERTY PLAN
10430 S. DE ANZA BLVD.
CUPERTINO, CALIFORNIA
#'
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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
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, ' ,i" ' >,', ,i ", ":!""--"":'--', ' -- '
i SUITE 210 ~t....::.......,~-~-~-----
, 2426 SF .
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SUITE 200
1227 SF
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,
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,
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SUITE 290
1941 SF
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sc~~~~!j,,"
CUPERTINO TOWN CENTER
SECOND FLOOR PROPERTY PLAN
10430 S. DE ANZA BLVD.
CUPERTINO, CALIFORNIA
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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
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(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
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MEMORANDUM OF UNDERSTANDING
City of Cupertino
and
Operating Engineers Local No.3
July 1, 2004 - June 30, 2007
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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:
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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 exeBJtieR 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
semÎJermaneat 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 semÎJermanell! 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.
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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.
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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-(()